This Chapter shall be known as the "Grading Ordinance" of the City of Lompoc and may be so cited.
(Ord. 1576(13) § 1)
This Chapter establishes standards for the preparation of sites and construction activities to protect the health, safety and general welfare of those working, or living, on or near the site, by protecting against unwarranted or unsafe grading, drainage alteration and improvement, stockpiling of materials or other aspects of site development, as follows:
A.
To establish standards and procedures for grading and excavation and stockpiling of materials, so as to minimize hazards to life and limb, protect against erosion and sedimentation, maintain the natural environment, and protect the safety, use and stability of public rights-of-way, the City's storm drain system and drainage channels;
B.
To assure that projects approved under this Chapter will be free from harmful effects of runoff, including inundation and erosion, and neighboring and downstream properties will be protected from drainage and erosion problems resulting from new development;
C.
To assure proper stabilization of slopes, and restoration of vegetation and soil systems disturbed by excavation or fill activities, authorized under this Chapter;
D.
To control against dust, erosion, and sedimentation and their consequent effects on soil structure and water quality;
E.
To assure project-associated vehicles and equipment remain on designated haul routes, traffic safety procedures are in place, and roadways are maintained in a clean and orderly condition;
F.
To assure grading operations are performed in compliance with the relevant chapters of the California Building Code, City of Lompoc Standard Requirements for the Design and Construction of Subdivisions and Special Developments, as adopted by the City Council, and any other applicable regulations; and
G.
To assure grading is consistent with the requirements of the City's General Plan and Zoning Ordinance and any specific plans or regulations adopted thereto.
(Ord. 1576(13) § 1)
This Chapter, including any amendments or revisions thereto, shall apply to all properties within the City. The submittal of an Erosion Sediment Control Plan shall be required of any grading permit application which is submitted on June 1, 2014, or thereafter.
(Ord. 1576(13) § 1)
This Chapter sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments, establishes the administrative procedure for issuance of grading permits, and provides for approval of plans, inspection of grading construction, and enforcement of violations. The requirements of this Chapter shall be deemed to include duly adopted and applicable amendments to the California Building Code or State Municipal Small Separate Storm Sewer Permit.
(Ord. 1576(13) § 1)
The Building Official is hereby authorized and directed to enforce and interpret the provisions of this Chapter and of the codes, regulations and standards adopted by reference herein. For such purpose, the Building Official is hereby authorized to consult with experts qualified in fields related to the subject matter of this Chapter and of the codes, regulations and standards adopted by reference herein, as necessary to assist him or her in carrying out his or her duties. The decisions of the Building Official in enforcing, interpreting, or in exercising the authority delegated by the provisions of this Chapter, and of the codes adopted hereby, shall be deemed final, subject to appeal as provided in Section 15.72.160 of this Chapter.
(Ord. 1576(13) § 1)
Grading shall be performed in compliance with the relevant chapters of the California Building Code, including Appendix J, City of Lompoc Standard Requirements for the Design and Construction of Subdivisions and Special Developments as adopted by the City Council, other applicable provisions of this Code, and any other applicable flood plain or SWPP regulations.
(Ord. 1576(13) § 1)
The following definitions shall apply to the interpretation and enforcement of this Chapter.
means a person or public agency applying for a City grading permit.
means reviewed and found to be in substantial compliance with requirements of this Chapter.
means: (1) a relatively level step excavated into earth materials on which fill may be placed; or (2) a relatively level step excavated or filled for the construction of a drainage device.
means physical, structural, and/or managerial practices, when used singly or in combination, reduce the downstream quality and quantity impacts of stormwater. The term is synonymous with Stormwater Control Measure (SCM).
means the person holding the title of Building Official of the City, or designees.
means the attestation of a licensed professional that, based upon the appropriate level of observation and testing, and in accordance with applicable principles of the professional's training, background and experience, the work in question has been completed and performed in conformity with the plans and specifications approved and the provisions of this Chapter.
means: (1) the removal of excess surface water or groundwater from land by means of surface or subsurface drains; or (2) the collection, conveyance, containment, and/or discharge of surface and stormwater runoff.
means the direction, configuration or arrangement of drainage ways and watercourses within a watershed, sub-watershed, drainage basin, individual property or other area.
means a man-made ridge of earth or stone that carries a road or confines a waterway.
means the wearing away of the land surface by water, wind, ice or other geological agents, including such processes as gravitational creep. Erosion occurs naturally from weather or runoff, but can be intensified by human activities.
means the control mechanisms set forth in the ESCP (as defined below).
means a plan that fully indicates necessary land treatment and structural measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion, sedimentation, and non-stormwater construction-related discharges.
means the downward movement of water from the surface to the subsoil.
means a drainage facility designed to use the hydrologic process of runoff soaking into the ground, commonly referred to as percolation, to dispose of stormwater.
means an excavated trench into competent earth material beneath the toe of a proposed fill slope.
means a person, partnership, corporation or public agency receiving a grading permit from the City.
means a contaminant in a concentration or amount that adversely alters the physical, chemical, or biological properties of the natural environment, including, but not limited to, dredged soil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water (EPA, 2008).
means the alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses, or the facilities which serve those beneficial uses. Pollution also includes Contamination. (See California Water Code Section 13050(l)(1).)
means surface water originating from precipitation or other sources (e.g., springs, seeps, sprinklers, landscape irrigation), that is found in sheet flow, drainage facilities, rivers, streams, ponds, lakes, wetlands and shallow groundwater.
means surface water that originates offsite from precipitation or other sources (e.g., springs, seeps, sprinklers, landscape irrigation), that is found in sheet flow, drainage facilities, rivers, streams, ponds, lakes, wetlands and shallow groundwater and that drains onto another, different or the same site from place of origin.
means solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice, and has come to rest on the earth's surface.
means deposition of soil particles, clays, silts, sands, or other sediments carried by runoff.
means publicly-owned facilities operated by the City, by which Stormwater is collected or conveyed, including, but not limited to, streets, alleys, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, and other drainage structures or Stormwater Control Measures (SCMs), which are within the City, or on City property, and are not part of a publicly-owned treatment works, as defined in 40 CFR Section 403.3(q).
means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels, or pipes into a defined surface water channel or a constructed infiltration facility. According to 40 CFR Section 122.26(b)(13), this includes stormwater runoff, snow melt runoff, and surface runoff and drainage.
means physical, structural, and managerial measures, when used singly or in combination, reduce the downstream quality and quantity impacts of stormwater. Also, a permit condition used in place of, or in conjunction with, effluent limitations to prevent or control the discharge of pollutants. This may include a schedule of activities, prohibition of practices, maintenance procedures, or other management practices. SCMs may include, but are not limited to, treatment requirements, operating procedures, practices to control plant site runoff, spillage, leaks, sludge, or waste disposal, or drainage from raw material storage.
means a fee for the City's inspection of construction sites to verify compliance with an approved Erosion and Sediment Control Plan, Stormwater Pollution Prevention Plan, required SCMs and Best Management Practices.
means a pollution control plan documenting Stormwater and non-Stormwater Best Management Practices required under 40 CFR Section 122, the Clean Water Act, the Porter Cologne Act, and as implemented through the California Construction General Stormwater Permit requirements.
means the setback buffer measured from either the top-of-bank or the outer drip-line of the riparian vegetation; whichever is the furthest from a point at the centerline of the adjacent watercourse/drainage. The minimum setback buffer from a watercourse or drainage is 30 feet.
(Ord. 1576(13) § 1)
A schedule of fees shall be established by Resolution of the City Council for all costs incurred in the processing of any grading application. Such fees shall cover the full costs of review, approvals, inspections, certifications of compliance, or other determinations or actions necessitated by the permit, including Stormwater inspections. Fees shall be based on actual City costs incurred for time, equipment, and materials.
(Ord. 1576(13) § 1)
A.
Carry out the proposed grading in accordance with the approved plans and specifications, conditions of the permit and the requirements of this chapter and all other applicable conditions, permits and requirements;
B.
Ensure erosion control measures, Stormwater Control Measures (SCMs) and Best Management Practices (BMPs), as outlined in the project's Erosion and Sediment Control Plan and/or Stormwater Pollution Prevention Plan (SWPPP) and approved by the City, are installed and maintained during grading and construction activity;
C.
Maintain all required erosion control devices and temporary drainage facilities during the progress of the grading work and shall be responsible for observance of working hours, dust controls and methods of hauling;
D.
Be responsible for debris and material deposits placed on private or public roads during the construction period of the project. Debris and materials shall be removed as necessary in order to prevent offsite impacts to roads and/or watercourses. Such removal shall be included in the Drainage, Erosion and Sediment Control Plan or SWPPP;
E.
Be responsible for maintenance of the site, until such time as a grading final has been approved by the Building Official; and
F.
Become subject to the penalties set forth herein, in the event of failure to comply with this Chapter and other applicable laws of the City of Lompoc.
No approval shall exonerate the permittee or his or her agents from the responsibility of complying with the provisions and intent of this Chapter. |
(Ord. 1576(13) § 1)
The application for a grading permit shall be accompanied by security in a form acceptable to the City's City Engineer and Building Official, and posted by the applicant. The amount of the security shall be a minimum of 150 percent of the full cost to install the ESCM and for the maintenance of such facilities, per the ESCM or SWPPP, as determined by the Building Official. The security shall be held until the ESCM have performed satisfactorily and such measures are permanently stabilized, as provided for in this Chapter. The security may be used to provide for the installation and maintenance of the ESCM, if not done by the applicant, and when sediment or other pollutant discharge is occurring as a result.
(Ord. 1576(13) § 1)
If the civil engineer, the soils engineer, the engineering geologist, or the testing agency-of-record is changed during the course of the work, then the work shall be stopped until the replacement has agreed to accept the responsibility within the area of their technical competence for certification upon completion of the work.
(Ord. 1576(13) § 1)
If there is any inconsistency between the provisions of this Chapter and the California Building Code, including Appendix J, as adopted by the City, then the more stringent provision shall be applied.
(Ord. 1576(13) § 1)
The decision of the Building Official, upon applications for permits under this Chapter, shall be in writing, and a copy of such decision shall be served upon the applicant, in person or by first class mail, postage prepaid. Any other person who files a written request with the Building Official shall also receive a copy of such decision.
If the applicant or any other person is dissatisfied with any determination made by the Building Official, then he, she or it may request an administrative hearing before the Community Development Director by filing a notice of appeal in accordance with the requirements of Chapter 1.32 of this Code.
(Ord. 1576(13) § 1; Ord. 1673(20) § 37)
All changes in the plans, grades, timing or extent of work authorized by a grading permit, shall be submitted to the Building Official for written approval and incorporation into the existing permit before any change in the work is commenced. The Building Official may amend the permit to approve such changes if appropriate, or may deny approval of such changes.
Failure to obtain prior approval for any change in the approved work shall be cause for the suspension of the grading permit until approval is obtained, and may result in the revocation of the permit, if such changes are deemed to be hazardous to adjoining properties or to the public at large.
(Ord. 1576(13) § 1)
Each grading permit shall be valid for a period of one year after the date of issuance, unless noted otherwise on the permit.
A.
The permittee may, before the expiration of the permit, apply for an extension of time in which to complete the work in a reasonable and expeditious manner.
B.
Extensions of time may be granted by the Building Official for a period or periods not exceeding a cumulative total of one year, provided, that for each extension the Building Official must find: (1) unusual circumstances warrant each extension; and (2) each extension will not create or perpetuate a hazard or nuisance.
C.
Denial of an extension of time shall not preclude the right of the permittee to apply for a new permit for the remaining balance of the work.
D.
The security must be revised to address any extension of time and must be furnished before the approval of the extension becomes effective, unless the security consists of a cash deposit, which is to be held over.
E.
Every permit issued by the Building Official under the provisions of this Chapter shall expire and become null and void if the building or work authorized by such permit is not commenced within 180 days after the date of such permit, or if the building or work authorized by such permit is suspended or abandoned, at any time after the work is commenced, for a period of 180 days.
F.
Before any work can be recommenced, if a permit has expired pursuant to subsection E. above, a new permit shall be first obtained, and the fee shall be one-half the amount required for a new permit for such work; provided, that no changes have been made, or will be made, in the original plans and specifications; and provided, further, that such suspension or abandonment has not exceeded one year.
(Ord. 1576(13) § 1)
The transfer of a grading permit from the permittee to another person shall be subject to the prior written approval of the Building Official. The person to whom the permit is being transferred shall agree, in writing, to such modifications as may be required, and shall furnish the required security before transfer of the permit will be approved.
(Ord. 1576(13) § 1)
A grading permit is not required if the proposed work consists of the following activities and such activities will not endanger adjacent property, cause increased erosion, sedimentation and rate of water runoff, divert or impair the flow of water within a water course or cause a public nuisance. All development activities, including those which are exempted from grading permit, shall be carried out in a manner which assures the potential for erosion of, and discharge of sedimentation from, any project is minimized. All excavation within the City's designated Cultural Resources Overlay shall comply with the provisions of the City's Cultural Resources Ordinance prior to, during and after any ground-disturbing activity.
A grading permit is not required for the following:
A.
Excavation below finished grade for basements and footings of a building, retaining wall, swimming pool, or other structure authorized by a valid building permit. This shall neither exempt any fill made with the material from such excavation, nor exempt any excavation having an unsupported height greater than five feet after the completion of such structures;
B.
Excavation for cemetery graves;
D.
Fill when all of the following conditions are met:
1.
The quantity is 50 cubic yards or less, placed on existing ground sloping twenty percent or less,
2.
The height is two feet or less,
3.
The slope of the fill embankment face is two feet horizontal to one foot vertical or less, and
4.
The existing drainage patterns on-site, or on adjacent sites, are not altered;
E.
Clearing and grubbing of vegetation when all of the following conditions are met:
1.
The area to be cleared and grubbed is less than one acre in size,
2.
The area to be cleared is not located within a Biologically Significant Area, as identified in the Resource Management Element of the City's adopted General Plan,
3.
The area to be cleared is not within the Cultural Resources Overlay Zone, and
4.
The area to be cleared has not been included in a discretionary project that is being reviewed, or has been conditioned, by the Planning Division, Planning Commission or City Council;
F.
Grading at the City landfill for landfill purposes;
G.
Work within the Public Right-of-Way; and
H.
Removal of vegetation for the removal of a fire hazard.
(Ord. 1576(13) § 1)
Except as exempted in this Chapter, no person shall do any excavation, as described in Section 15.72.220, or fill, as described in Section 15.72.230, or any activities described in Section 15.72.240, without first obtaining a grading permit from the Building Official. A separate permit shall be required for each site and may cover both excavations and fills. Subdivisions on which all grading is performed as a unit shall be considered a single site.
(Ord. 1576(13) § 1)
A grading permit is required for any excavation that:
A.
Disturbs more than 5,000 square feet in surface area or more than 50 cubic yards total cut area, including cut for building pads; or
C.
Is more than two feet deep; or
D.
Creates a cut slope more than five feet high and steeper than two feet horizontal to one foot vertical.
A grading permit is not required for any excavations for basements, footings of a building or retaining wall, or other structures authorized by a valid building permit. |
(Ord. 1576(13) § 1)
A grading permit is required for any fill that:
A.
Exceeds 50 cubic yards on any one site, including fill for building pads; or
C.
Has an unsupported height more than five feet; or
D.
Is more than one foot high and is placed on natural terrain with a slope steeper than two feet horizontal to one foot vertical; or
E.
Is more than two feet high and is intended to support structures; or
F.
Obstructs a natural or manmade drainage course which carries storm water runoff.
(Ord. 1576(13) § 1)
Grading Permits are always required for:
A.
Excavation in any amount within the archeologically sensitive area in the Cultural Resources Overlay Zone;
B.
Parking lot construction or reconstruction. No permit is required for normal repair and maintenance as determined by the Building Official; and
C.
Construction of any SCM, or structure required by the City's Post-Construction Hydromodification Development Requirements.
(Ord. 1576(13) § 1)
Grading as a part of mining, quarrying, excavating, processing and stockpiling of rock, sand, gravel, aggregate or clay shall be conducted in accordance with the laws of the State of California, the Surface Mining and Reclamation Act of 1975 (SMARA), and this Code, as well as with the requirements of any other State or federal agencies having jurisdiction over the mining operation.
(Ord. 1576(13) § 1)
An Erosion and Sediment Control Plan (ESCP) shall be required for all grading permits. For those projects disturbing one acre or more in size, or otherwise required to submit a Stormwater Pollution Prevention Plan (SWPPP) to the State Water Quality Control Board, the SWPPP must include all the requirements of the ESCP. The SWPPP and any related drawings prepared for the project shall be submitted as a part of the grading permit application, in lieu of the ESCP. The ESCP shall be reviewed and, if acceptable, a written approval issued. Any revisions to the ESCP shall be submitted to the City for review and approval.
In cases where a SWPPP is not required, an ESCP shall be included in the grading plan set.
A.
The ESCP shall include the following items:
1.
An approval block for City Engineer;
2.
The ESCP shall indicate the direction of the flow of water onto and off of the site, both existing and proposed;
3.
Appropriate site-specific construction site SCM/BMPs to be implemented during construction, including those on the California Stormwater Quality Association's or Caltrans' BMP List. SCM/BMPs shall address, at a minimum, erosion and sediment control, soil stabilization measures, dewatering, source controls, pollution prevention measures and prohibited discharges;
4.
The rationale for the selected SCM/BMPs chosen shall be included in the ESCP, including soil loss calculations, if necessary;
5.
The location of vehicle storage and maintenance, staging, stockpiles, construction entrances, concrete washout, fueling and any detention basins, as applicable, shall be shown on the ESCP;
6.
The ESCP shall include a Dust Abatement Program, as described below, prepared by the applicant and submitted with the grading/improvement plans. That program shall be reviewed and approved by the Building Official, prior to issuance of grading permits. The Dust Abatement Program shall include, but is not limited to, the following dust control measures:
a.
Sprinkle all construction areas with water (recycled when possible) at least twice a day, during excavation and other ground-preparing operations, to reduce fugitive dust emissions,
b.
Water construction sites and clean all equipment in the morning and evening to reduce particulate and dust emissions,
c.
Cover stockpiles of sand, soil, and similar materials, or surround them with windbreaks,
d.
Cover trucks hauling dirt and debris to reduce spillage onto paved surfaces or have adequate freeboard to prevent spillage,
e.
Post signs that limit vehicle speeds on unpaved roads and over disturbed soils to ten miles per hour during construction,
f.
Spread soil binders on construction sites, on unpaved roads, and on parking areas; reestablish ground cover through seeding and watering,
g.
Sweep up dirt and debris spilled onto paved surfaces immediately to reduce re-suspension of particulate matter through vehicle movement over those surfaces,
h.
Require the construction contractor to designate a person or persons to oversee the implementation of a comprehensive dust control program and to increase watering, as necessary,
i.
Provide to the City, prior to issuance of grading permits, the name and a 24/7 contact information for the person responsible for dust control,
j.
Keep streets and alleys surrounding the project clean and free of dirt, and
k.
If dust is not controlled on the site, then the City shall shut-down work on the project until the applicant can provide adequate dust control;
7.
Location and details of permanent sediment catchment basins or other types of sediment retention facilities necessary to prevent discharge of sediment into stream channels. Basins shall be regularly maintained, with accumulated sediment inspected and removed for disposal according to a regular maintenance schedule;
8.
Location and details of permanent vegetation planned, following completion of proposed grading and/or improvements;
9.
Approximate sequence and timing of grading and construction increments and/or subsequent revegetation, stabilization and landscaping work;
10.
All applicable permits directly associated with the grading activity, including, but not limited to, the State Water Board's CGP, State Water Board 401 Water Quality Certification, US Army Corps of Engineers 404 Permit and California Department of Fish and Wildlife 1600 Agreement; and
11.
Prior to issuance of grading permit, the applicant shall submit evidence that all permits directly associated with the grading activity have been obtained prior to commencing the soil disturbing activities authorized by the grading permit.
(Ord. 1576(13) § 1)
To obtain a permit, the applicant shall first file an application in writing on a form furnished for that purpose by the Building Official. Every application shall include the following:
A.
The name, address, telephone number, and email address of the applicant;
B.
The names, addresses, telephone numbers, and email addresses of all property owners other than the applicant. A title report may be required to verify land owners;
C.
The names, addresses, contractor's license numbers, telephone numbers, and email addresses of any and all contractors or persons actually doing the work, and the work that each will be doing;
D.
The name, address, telephone number and registration number of the party responsible for preparing the grading plan;
E.
The name, address and telephone number of the party responsible for preparing the ESCP or SWPPP;
F.
The name, address, telephone number and registration number of the registered civil engineer responsible for the preparation of the soils and engineering report, if required;
G.
Identify and describe the work to be covered by the permit for which application is made;
H.
Describe the land on which the proposed work is to be done, by lot, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or work;
I.
Indicate the use or occupancy for which the proposed work is intended;
K.
Be signed by the property owner, applicant (if different than the property owner) and permittee (if different from the property owner or applicant), or their authorized agents, who shall be required to submit evidence to indicate such authority;
L.
State the estimated quantity of grading work involved (cut/fill/import);
M.
State the estimated starting and completion dates;
N.
Designate haul routes, borrow sites, and waste disposal locations;
O.
Provide the current status (land use/condition) of the subject property, the size of the project and proposed area of disturbance; and
P.
Give such other information as reasonably may be required by Building Official.
(Ord. 1576(13) § 1)
An engineered grading plan is to be submitted for any grading or where the Building Official has determined a grading project must be engineered.
An engineered grading plan is to be drawn to scale and is to be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this Chapter. Two sets of plans and specifications are to be prepared and signed by a California-licensed Civil Engineer or Architect and are to include the following information as determined by the Building Official:
A.
General vicinity map;
B.
Property limits of the subject site;
C.
Details of terrain and area drainage and accurate contours of existing ground at intervals determined by the Building Official;
D.
Location of any buildings or structures that are within 50 feet of the area which may be affected by the proposed grading operations or final drainage and SCM improvements;
E.
Limiting dimensions, elevations of finished contours to be achieved by the grading of proposed SCM features, basins, drainage channels and related drainage features including Top of Curb, Flow Lines, Finish Surface, Top of Slopes, Toe of Slopes, grade breaks, grates, inverts, etc.;
F.
Specifications covering construction and material requirements;
G.
Soil engineering report, to include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading and drainage/SCM features;
H.
Engineering geology report, to include a description of the site, conclusions and recommendations regarding the effect of geologic conditions and recommendations covering the adequacy of sites to be developed by the proposed grading and drainage/SCM features;
I.
A statement indicating methods to mitigate any conditions, such as steep slopes, location in a geologic study area or flood hazard area, high water table, potential damage to structures on the subject site or adjacent property, potential impairment of natural vegetation, habitat, public view or other sensitive resources;
J.
Drainage report; and
(Ord. 1576(13) § 1)
A.
The application package filed by an applicant for a grading permit shall be checked by the Building Official. Such plans shall be reviewed by other departments of the City to check compliance with the laws and ordinances under their jurisdiction. If the Building Official is satisfied the work described in an application for permit and the plans filed therewith conform to the requirements of this Chapter and other pertinent laws and ordinances and the fee specified in Section 15.72.110 has been paid, then the Building Official shall issue a permit to the applicant.
When the Building Official issues the permit, he or she shall endorse in writing or stamp on both sets of plans and specifications "APPROVED." Such approved plans and specifications shall not be changed, modified, or altered without authorization from the Building Official; and all work shall be done in accordance with the approved plans. The Building Official may require grading operations and project designs be modified if delays occur, which result in weather generated problems not considered at the time the permit was issued.
B.
The applicant is to notify the Building Official at least 48 hours in advance of beginning grading operations and schedule a pre-construction meeting.
C.
Grading shall not commence on properties of one acre or more, or that are smaller than one acre, but are part of a common plan of development of one acre or more in size, or linear projects disturbing one acre or more, until the Stormwater Pollution Prevention Plan Notice of Intent and SWPPP have been submitted to the State Water Resources Control Board and the project WDID number issued.
D.
Coordination of Grading Plans. The Building Official may require inspection and testing by an approved testing agency or the Public Works Department, and that testing agency is responsible for coordination of the parties to all grading activities, including the civil engineer, soils engineer, engineering geologist, Public Works Department, other City departments where required, the grading contractor, and the testing agency.
E.
Retention of Plans. One set of approved plans, specifications and computations shall be retained by the Building Official, and one set of approved plans and specifications shall be returned to the applicant, which set shall be kept on such building or work site at all times during which the work authorized thereby is in progress.
F.
The issuance of a permit based upon plans and specifications shall not prevent the Building Official from thereafter requiring the correction of errors in said plans and specifications or from preventing building operations being carried on, when in violation of this Chapter or of any other ordinance of the City.
G.
Upon completion of the rough grading and final grading for any engineered grading, the Building Official may require submission of an as-graded grading plan and soil and geologic grading reports.
H.
The applicant is to notify the Building Official when the grading operation is ready for final inspection. Final approval will not be given until all work has been completed in accordance with the final approved grading plan, including installation of all drainage facilities and their protection devices and all required revegetation and erosion control measures.
(Ord. 1576(13) § 1)
All grading operations for which a grading permit is required shall have Stormwater Inspections to assess compliance with the Stormwater Management Ordinance, the ESCM, SWPPP and State Stormwater regulations, as applicable. The inspections shall include, but not be limited to:
A.
Pre-Construction Inspection. When the permittee is ready to begin work, but before any grading, clearing or grubbing has begun, inspect and review erosion and sediment control SCM/BMPs with Permittee;
B.
Toe/bench/keyway inspection. After the natural ground is exposed and prepared to receive fill, but before any fill is placed, inspect and review erosion and sediment control SCM/BMPs for placement, maintenance and effectiveness with Permittee;
C.
Drainage device inspection. After forms are in place, but before any concrete is placed, after pipe or drainage devices are in place, but before pipes or devices are buried, inspect erosion and sediment control SCM/BMPs for placement, maintenance and effectiveness with Permittee;
D.
Final inspection. When all work, including installation of drainage structures, other protective devices, planting and slope stabilization has been completed, temporary erosion and sediment control measures no longer needed have been removed, and the "as-graded" plan and required reports have been submitted to the Building Official and accepted as complete;
E.
In addition to the inspections above, such other inspections of any work must ascertain compliance with the provisions of this Chapter and other laws and regulations as may be required, including the requirements of the City's NPDES Phase II Municipal Separate Storm Sewer System Permit; and
F.
A licensed landscape architect, qualified biologist, archeologist, or other qualified professional, may be required to be present during inspections. The City may inspect for adequate installation and functionality of Best Management Practices (SCM/BMPs) prescribed by the Erosion and Sediment Control Plan or SWPPP, at any time throughout the year. The City may identify SCM/BMP maintenance and repair needs on the site with the permittee, or permittee's agent, to ensure compliance with the minimum requirements of the City's NPDES Phase II Municipal Separate Storm Sewer System Permit.
(Ord. 1576(13) § 1)
A.
A grading permit shall be suspended or revoked by the Building Official, unless exempted by the Building Official, if any or all of the following occur:
1.
Conditions at the site vary appreciably from those shown on the approved plans;
2.
Construction does not conform to the approved grading plan, final erosion and sediment control plan or SWPPP time schedules, or conditions of the grading permit;
3.
The site is left in a condition hazardous to the public or to the adjacent properties, and the permittee does not comply with reasonable requirements to correct those conditions;
4.
The permittee does not comply with reasonable requirements to safeguard the workers, the public, or other persons acting in a lawful manner;
5.
The permittee, in connection with the operations for which the permit was issued, fails to operate equipment properly on public roads; or allows material to encroach, obstruct, or be deposited within a public road right-of-way or within the storm drain system in a manner not authorized by said permit; or causes unauthorized obstruction or diversion of drainage channels;
6.
The permittee fails to have a qualified inspector, working under the supervision of a registered Civil Engineer or Architect, on the site during operations when so required by the permit, or fails to have the work under proper supervision at all times;
7.
Emergency conditions exist on the site, which constitutes a threat to health, safety or public welfare;
8.
Roadways are not kept clean and safe;
9.
Dust is not properly controlled; or
10.
Non-compliance with the approved ESCP or SWPPP.
B.
Prior to the suspension or revocation of a permit, the Building Official shall give to the permittee written notice of intention to suspend or revoke the permit, which notice shall specify the grounds for such intended action and the time and place for the holding of a conference between the Building Official and the permittee and/or the permittee's authorized representative(s) to review the grounds for the proposed action. Notice of the proposed action shall be given to the permittee at least 48 hours prior to the scheduled conference.
Upon receipt of the notice of intended suspension or revocation, the permittee shall cease all work in connection with the permit, with the exception of work necessary to correct any condition or perform any work cited in the notice of proposed action as a ground for suspension or revocation and work of an emergency nature.
Within 48 hours following the conclusion of the conference, the Building Official shall render his or her written decision, revoking the permit, suspending the permit, or authorizing the permit holder to proceed with the work. Such action may be with or without conditions. The decision shall be served upon the permittee by personal service or first class mail, postage prepaid, within 24 hours after the rendition of the decision.
If the permittee is dissatisfied by the decision of the Building Official, then he, she or it may appeal. That appeal shall be filed within the same time and in the same manner as an appeal under Section 15.72.160.
C.
If the permittee fails to correct the objectionable or emergency conditions, then the City may cause the work necessary to correct the conditions to be done, and the City may take action against the permittee's security to cover the cost of performing the work.
D.
Any permit which has been suspended may be either reinstated or revoked by the Building Official.
E.
When a property is in noncompliance, all other pending permits shall be withheld until such time as the property is in full compliance.
(Ord. 1576(13) § 1)
During the course of exercising the duties delegated to the Building Official by this Chapter, and when, in the opinion of the Building Official, there exists a reason to believe a violation of this Chapter has occurred or due cause exists to inspect a property, the Building Official, or designee, is hereby authorized to enter such property or premises at any reasonable time and to inspect and perform any duty imposed by the provisions of this Chapter, any permit issued pursuant to this Chapter, or other applicable law.
If such property or premises is occupied, then the Building Official shall first present proper credentials to the occupant and request entry, explaining his or her reasons therefor. If such entry is refused or cannot be obtained because the owner or person having charge or control of the property cannot be located after due diligence, then the Building Official shall have recourse to every remedy provided by law to enter and inspect the property. Notwithstanding the foregoing, if the Building Official has reasonable cause to believe there exists an unsafe, substandard, or dangerous condition within the property or premises as to require immediate inspection to safeguard the public's health or safety, then he or she shall have the right to immediately enter and inspect such property and may use any reasonable means required to secure such entry and make such inspection, whether the property is occupied or unoccupied and whether or not permission has been obtained. If the Building Official observes a violation of this Chapter, any permit issued pursuant to this Chapter or any other law, during the normal performance of his or her duties, then he or she shall have the full right afforded by law to enter the property to enforce the provisions of this Chapter and that permit.
(Ord. 1576(13) § 1)
A.
Whenever any construction or work is being done contrary to any provisions of this Chapter, approval, rule, regulation, permit, law or ordinance including, but not limited to, an approved Stormwater Pollution Prevention Plan, Erosion and Sediment Control Plan, dust control conditions of approval and Stormwater discharge prohibitions, as set forth in the Stormwater Quality Management Ordinance (the "Applicable Regulations"), or whenever approval of a permit issued pursuant to this Chapter was based upon misinformation or misrepresentation, or whenever the public's health, safety or welfare is endangered by any construction or work regulated by the Applicable Regulations, the Building Official may issue a written notice or order to stop any work that is not in compliance with any provision of the Applicable Regulations. Such notice or order to stop work shall be served upon any persons engaged in doing the work or causing the work to be done, and any such persons shall forthwith stop the work until authorized by the Building Official to proceed with the work. The notice or order shall state the reason for the notice and no work shall be done on that portion until the matter has been corrected and approval obtained from the Building Official.
B.
It shall be unlawful for any person to continue the progress of any work regulated under the provisions of this Chapter in violation of, or contrary to, any stop work notice or stop work order issued pursuant to this section.
C.
It shall be unlawful for any person to commence any work under the provisions of this Chapter in violation of, or contrary to, any stop work order issued pursuant to this section.
(Ord. 1576(13) § 1)
Whenever any work on which inspections are required is covered or concealed by other work without having first been inspected, the Building Official may require that work be exposed for examination. The cost of exposing that work shall not result in any expense to the City.
(Ord. 1576(13) § 1)
Whenever the Building Official determines any existing excavation, embankment, or fill on private property, including the exemptions listed in Section 15.72.200, has become a hazard to life or limb, endangers property or adversely affects the safety, use or stability of a public way, storm drain system or drainage channel, the Building Official shall issue a written notice to the owner of said property, or other person or agent in control of said property or project. Upon receipt of notice in writing from the Building Official, the owner, or his, her or its agent shall, within the period specified therein, repair or eliminate such excavation, embankment or fill, so as to eliminate the hazard and be in conformance with the requirements of this Chapter. The Building Official may issue a cease and desist order, special or conditional permits and/or require financial security, in accordance with Section 15.72.130, to ensure compliance with the intent of this Section.
(Ord. 1576(13) § 1)
The Building Official is authorized to require immediate abatement of any violation of this Chapter that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately, as directed by the Building Official, then the City is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the City shall be fully reimbursed by the property owner/applicant/permittee and violator. Any relief obtained under this section shall not prevent the City from seeking other and further relief authorized under this Chapter.
(Ord. 1576(13) § 1)
Where the Building Official determines work has been done without the required permits, or has not been completed in accordance with the requirements of this Chapter or any other code adopted herein, the Building Official may cause a notice of noncompliance to be recorded with the County Recorder and shall notify the owner of the property of such action. The notice of noncompliance shall describe the property, shall set forth the noncompliance conditions, and shall state that the owner of such property has been duly notified. The Building Official shall record a notice of release of the notice of noncompliance with the County Recorder when he or she has determined the noncompliance conditions have been corrected.
(Ord. 1576(13) § 1)
Any person found to be violating any provision of this Chapter shall be served by the City in person or by registered or certified mail with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Any person violating any provision of this Chapter with knowledge of the notice shall, within the period of time stated in the notice, or within such extension thereof as may be granted by the City, correct and cease the violation.
Any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the City at the property owner/applicant/permittee's and violator's expense, and a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the City. Violation of this Chapter shall constitute a misdemeanor, unless the City Attorney determines the interest of justice are better served by prosecuting it as an infraction. The City may order any person found to be violating this Chapter to attend an administrative hearing, not less than 15 days after Notice of Violation (NOV), at which time that person shall have an opportunity to respond. That person may be required to explain corrective actions and show cause why further enforcement action should not take place. Upon review of the information submitted by that person, the City may pursue further enforcement actions.
(Ord. 1576(13) § 1)
A.
Any person violating any of the provisions of this Chapter, a permit issued pursuant thereto, or rules, regulations, or standards promulgated by the City, shall be liable to the City for all expenses, losses, and damages suffered by the City by reason of such violation.
B.
Any person violating provisions of this Chapter, a permit issued pursuant thereto, or any rules, regulations, or standards of the City, or any State or Federal regulation or permit relating to the operation of the City's Municipal Separate Storm Sewer System Permit, of which he, she or it has knowledge, shall be liable to the City in a sum equal to the amount of any fine or charge made upon the City by the State or Federal government for such a violation plus reasonable attorneys' fees and costs of suit required to collect such an amount.
C.
It shall be the duty of the Building Official and other authorized employees of the City, to enforce the provisions of this Chapter. No oversight or dereliction on the part of the Building Official, or any authorized assistants of any official, or employee of the City vested with the duty or authority to issue permits, shall legalize, authorize, waive or excuse the violation of any provision of this Chapter.
D.
In the administration and enforcement of this Chapter, any duly authorized official or employee of the City shall have authority to enter upon the premises for the purposes of investigation and inspection; provided, however, that the above referred to right-of-entry shall be exercised only during the daylight hours. No person shall refuse to permit such inspection.
E.
In the event any person shall perform any work in violation of this Chapter or any permit issued pursuant thereto, or fail or refuse to perform any work required by this Chapter or any permit issued pursuant thereto, the same is declared to be a public nuisance and, at the direction of the City Council, the City Attorney is authorized to bring and prosecute an action in a court of competent jurisdiction to enjoin the performance of such work or, if such work has been accomplished, from maintaining the same.
(Ord. 1576(13) § 1)
The City Attorney may commence an action for appropriate legal and equitable relief in the Superior Court of Santa Barbara County against any person who violates this Chapter or any permit requirement.
A.
Injunction. The City Attorney may commence an action for the issuance of a preliminary or permanent injunction as appropriate to enforce the provisions of this Chapter.
B.
Civil Penalties.
1.
Any person, whether as principal, agent, employee or otherwise, who commences, constructs, enlarges, alters, repairs, or maintains any clearing, grubbing, grading, excavation, fill or dredging or causes the same to be done, contrary to or in violation of any provision of this Chapter, shall be subject to injunction against such activity and shall be liable for a civil penalty not to exceed $25,000.00 for each day the violation continues to exist. In determining the amount of a civil penalty to impose, the court may consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting the violation; the nature and persistence of such conduct; the length of time over which the conduct occurred; the assets, liabilities and net worth of the persons responsible, whether corporate or individual; and corrective action taken by the persons responsible; and the cooperation or lack of cooperation in public efforts toward abatement or correction. The civil penalty shall be paid to the City, as ordered by the court.
2.
When the Building Official determines any person has engaged in, is engaging in, or is about to engage in any act(s) or practice(s) which constitute or will constitute a violation of provisions of this Chapter, or order or permit issued, promulgated or executed hereunder, the City Attorney may make application to the Superior Court for an order enjoining such acts or practices, or for an order directing compliance, and upon a showing such person has engaged in or is about to engage in any such acts or practices.
3.
Any person, whether as principal, agent, employee or otherwise, who commences, constructs, enlarges, alters, repairs, or maintains any clearing, grubbing, grading, excavation, fill or dredging, or causes the same to be done, contrary to or in violation of any provision of this Chapter shall be liable for and obliged to pay the City for all costs incurred by the City in obtaining abatement or compliance, or which are attributable to, or associated with, any enforcement or abatement action, whether such action is administrative, injunctive or legal, and for all damages suffered by the City, its agents, officers or employees as a result of such violation or efforts to enforce or abate the violation.
C.
Criminal Penalties. Violations of this Chapter may be subject to fines of up to $1,000.00 and imprisonment not exceeding six months. Every day or portion thereof any violation continues to exist shall constitute a separate offense.
(Ord. 1576(13) § 1)
A.
The Building Official shall maintain records of all costs including, but not limited to, administrative, professional fees, court costs, attorneys' fees, laboratory costs, remedial construction costs and other costs incurred in the processing of violations and enforcement of this Chapter, and shall, to the extent feasible, recover such costs from the owner of the property upon which the violation occurs, or other person responsible.
B.
Upon investigation and determination a violation of any of the provisions of this Chapter or permit issued pursuant thereto exists, the Building Official shall notify the owner of record or person in possession or control of the property, or other person responsible, by mail, of the existence of the violation, of the Building Official's intent to charge the person for all administrative costs associated with enforcement, and of the person's right to a hearing on objections thereto.
C.
During the processing of an enforcement case or at the conclusion of the case, the Building Official shall send a summary of costs associated with enforcement to the owner and to the person having possession or control of the subject property, or other responsible person, by mail, first class postage prepaid. Such summary shall include a notice of the right to hearing, to review and object to the imposition of the charges.
D.
If the person receiving that summary disputes the costs set forth therein, then that person may request to meet with the Building Official to discuss that summary, if that request is made in writing to the Building Official within ten days after that summary was provided by the Building Official. That request shall include the reasons the costs should be modified, reduced or waived with supporting information.
E.
The Building Official shall, within 30 calendar days after receipt of that request, schedule a meeting with the person submitting that request at a time and place convenient to the parties, as reasonably determined by the Building Official.
F.
In determining the validity of the costs assessed, the Building Official shall consider whether the total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to, whether the present owner created the violation, whether there is a present ability to correct the violation, whether the person responsible moved promptly to correct the violation, the degree of cooperation or lack thereof, provided by the person responsible, whether reasonable minds may differ as to whether a violation exists and whether the current owner or other person responsible knew, or should have known, that violations existed.
G.
Until all costs, fees and penalties assessed by the Building Official under this Chapter are paid in full, no final inspections, certificates of completion, certificates of compliance, certificates of occupancy or final maps related to the subject property shall be issued by the City, nor shall any conditional use permits, variances or other land use entitlements be effective.
(Ord. 1576(13) § 1)