A grading and erosion control permit shall be required for all construction projects which disturb the soil except for those projects specifically exempted by Section 15.48.090. An application for a grading and erosion control permit shall be filed with the Director, on a form and submitted with information as requested by the Director. The Director may request additional information as needed. In addition to the application, the applicant shall submit, as applicable, any environmental review documents; any conditions of approval; NOIs and SWPPPs; ESCPs; and grading plans. Grading plans shall be prepared in conformance with the City's requirements for improvement plans as delineated in Title 16, Development Code and Appendix J, California Building Code.
In the case of a public emergency that requires immediate construction activities, the person responsible for the construction shall notify the City within 24 hours of commencing the construction activity and shall submit an application for a grading and erosion control permit along with all pertinent information within thirty days.
(Prior code § 13-506; Ord. 026-07 C.S. § 8; Ord. 2021-01-26-1601 § 2)
Construction Activities Involving One Acre or More. Construction activities that disturb one acre or more shall provide for effective control of erosion, sediment, and all other pollutants as required in the CGP. The permit holder shall be responsible for the installation and monitoring of effective erosion and sediment controls. Such controls may be evaluated by the authorized enforcement officer and shall be required to comply with the following provisions.
A. 
Notice of Intent. Construction activities involving one acre or more must file a NOI along with the current filing fee established by the SWRCB, for each construction site, to the SWRCB, A copy of the NOI application and the site's waste discharge identification number (WDID), is issued by the SWRCB, shall be submitted to the City prior to the issuance of a grading permit.
B. 
Stormwater Pollution Prevention Plan. A SWPPP, as required by the CGP, shall be developed and implemented for each construction site. The SWPPP shall incorporate an effective combination of BMPs customized to the site using up-to-date standards and practices as identified in the California BMP Handbooks or equivalent pre-approved by the City.
1. 
The name, address, email address, and phone number (including a 24-hour emergency phone number) of the person responsible for implementation, inspecting, and reporting of the site SWPPP, shall be provided in writing to the City prior to issuance of a grading permit. The person responsible for the SWPPP shall continue to be available until completion of the project. Any change of such person responsible for the SWPPP shall be filed with the City within 24 hours, by the permit holder.
2. 
Upon commencement of and during construction activities, a current copy of the SWPPP shall be kept on the construction site and made available to authorized enforcement officers upon request.
3. 
Best management practices (BMPs) shall be maintained and in place for all areas that have been graded or disturbed and for all materials, equipment, and/or operations that need protection.
4. 
Ownership Notification. If ownership of the construction site changes at any time prior to completion of construction, the new owner of the site shall provide the information required in subsections A and B of this section to the City within 14 calendar days of the change. The party transferring ownership of the construction site shall inform the new owner of this requirement. Notification pursuant to this section by the new owner shall not be required if permanent erosion and sediment control protection measures have been implemented on the construction site pursuant to subsections (C)(9)(b) and (c) of this section.
C. 
Construction Process. During the construction process the person identified as responsible for the SWPPP pursuant to subsection (B)(1) of this section shall be required to:
1. 
Be present to ensure BMPs are functioning properly.
2. 
Conduct regular inspections to ascertain if BMPs should be modified to adjust for current site conditions.
3. 
Maintain an up-to-date printed copy of the SWPPP on the site that identifies BMP changes required for current conditions.
4. 
Conduct inspection of the construction site prior to an anticipated rainstorm to ensure that the BMPs are adequate.
5. 
Conduct inspections subsequent to storm events to ensure that the BMPs are performed adequately. During multiple days of rain or rain of high intensity, conduct additional inspections as necessary to establish that all BMPs are performing adequately.
6. 
Ensure that equipment, material, and workers are available for rapid response to emergencies.
7. 
Perform necessary maintenance to BMPs within 48 hours of the conclusion of each storm.
8. 
Keep a record of all inspections performed on the site. This record shall be made available upon request to an authorized enforcement officer.
9. 
If a construction site becomes idle (a site which is inactive for a period of more than 30 days), compliance with the following shall be required.
a. 
All BMPs identified in the SWPPP shall continue to be maintained and the person responsible for the SWPPP shall remain in charge of the site; or
b. 
The SWPPP shall be revised to provide for permanent erosion protection. If a nonirrigated vegetation by seeding is proposed as primary erosion protection for the site, such seeding will not be considered acceptable until germination and adequate growth have taken place on all critical areas.
c. 
The City shall be notified in writing within 14 calendar days by the permit holder that the construction site is or will become idle. The person responsible for the SWPPP shall inspect the site to ensure the site is adequately protected. Inspection by an authorized enforcement officer shall be requested. Any construction site found idle for 30 days without the installation of adequate protection measures and notification that the site is idle, shall be considered in violation of this section.
D. 
Monitoring Criteria. Monitoring for erosion and sediment control is required as detailed in this section. Site monitoring shall be done by the person responsible for the SWPPP. An authorized enforcement officer may also monitor site compliance at any time and require access to the updated site SWPPP and records of all inspections made. The site monitoring shall be conducted as determined by the Director. The construction site may be considered in compliance with this section if the BMPs are deemed effective. The BMPs shall be deemed effective if:
1. 
Construction site sediment is not present outside the permit site or is not present on the site in an area which requires protection.
2. 
No evidence of the discharge of construction materials, trash, or nonstormwater discharges is apparent.
3. 
No evidence of erosion is present on disturbed areas and slopes.
4. 
No evidence of construction site sediment buildup in downstream drains and/or drainage ways is apparent.
5. 
Controls are maintained in accordance with design guidelines.
6. 
The SWPPP is updated in accordance with the actual construction sequence and BMPs are installed according to actual construction progress.
7. 
The SWPPP includes BMPs sufficient to ensure that erosion, sediment, and all other pollutants will be realistically controlled.
E. 
The City may require the owner of the construction site that filed for the NOI to engage a registered civil engineer or other qualified professional within 24 hours, to supervise the implementation, inspection, and reporting of the site SWPPP. Such professional shall review the site SWPPP, make any necessary changes and/or additions, and report in writing to the Municipal Utilities Department to confirm that adequate BMPs have been installed; and continue to supervise the site SWPPP until the authorized enforcement officer agrees such supervision is no longer required.
F. 
When all site construction is completed and the site is stabilized, the permit holder shall request an inspection pursuant to Section 15.48.130 prior to filing a notice of termination (NOT) with the SWRCB. Upon filing the NOT the permit holder shall furnish a copy of the NOT to the City.
(Prior code § 13-507; Ord. 026-07C.S. § 8; Ord. 2021-01-26-1601 § 2)
A grading and erosion control permit shall not be required to grade, fill, excavate, store, or dispose of earth material in accordance with the following:
A. 
Less than 50 cubic yards of material is involved;
B. 
An excavation below finished grade for a structure authorized by a building permit conditioned with erosion control requirements;
C. 
Cemetery graves;
D. 
Refuse disposal sites controlled by other regulations;
E. 
Excavations for wells;
F. 
Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay, where established and provided for by law provided such operations do not affect the lateral pressure support or increase the stresses in or pressure upon any adjacent or contiguous property;
G. 
Exploratory excavations under the direction of a civil engineer, geotechnical engineer, or engineering geologist;
H. 
Production of agricultural crops.
Projects exempt from this section may still be required to obtain coverage under the CGP or another permit required by the Act, CVRWQCB, or SWRCB.
(Prior code § 13-508; Ord. 2021-01-26-1601 § 2)
Development and redevelopment projects shall be in conformance with the City's stormwater management program and any stormwater quality control criteria plan developed for the City pursuant to Chapter 13.20. Projects required to file an NOI and prepare a SWPPP under the provisions of the California General Industrial Storm Water Permit or California General Construction Activity Storm Water Permit, shall not be relieved of said requirements by this permit. Projects may also be subject to applicable regulations under the Federal Stormwater Effluent Limitation Guidelines.
(Prior code § 13-509; Ord. 2021-01-26-1601 § 2)
Construction Activities Involving Less than One Acre. Construction activities that disturb less than one acre shall provide for effective control of erosion, sediment, and other pollutants. The Director has the authority to require an erosion control and grading permit and an ESCP for any activity upon determining the project poses a threat to water quality. Projects that do not require an erosion control and grading permit due to an exemption based on amount of material and size of area pursuant to Section 15.48.90, shall be subject to erosion control requirements of this section if a building permit is required. The Community Development Department may require the submittal of an ESCP prior to issuing a building permit.
The permit holder shall be responsible for the development and implementation of effective erosion and sediment controls and good housekeeping practices, as well as final stabilization control measures. Such controls may be evaluated by the authorized enforcement officer and shall be required to comply with the following provisions.
A. 
Erosion and Sediment Control Plan. If required by the Director, the permit holder shall develop and submit an ESCP within 48 hours of notification by the City. The ESCP shall be implemented year-round and shall be revised to reflect changing conditions on the project site. The combination of BMPs used, and their execution in the field, must be customized to the site using up-to-date standards and practices as identified in the California BMP Handbooks or equivalent pre-approved by the City. The Director may issue ESCP and BMP guidance and minimum requirements.
1. 
The ESCP shall include:
a. 
A site map depicting erosion control, sediment control, and good housekeeping BMPs;
b. 
A project and BMP implementation schedule;
c. 
A plan to inspect and maintain the BMPs;
d. 
A plan for final stabilization; and
e. 
The name, address, email address, and phone number (including a 24-hour emergency phone number) of the person responsible for implementing, inspecting, and reporting of the site ESCP.
B. 
The City may require the owner of the construction site to engage a registered civil engineer or other qualified professional within 24 hours, to supervise the implementation, inspection, and reporting of the site ESCP. Such professional shall review the site ESCP, make any necessary changes and/or additions, and report in writing to the Municipal Utilities Department to confirm that adequate BMPs have been installed; and continue to supervise the site ESCP until the authorized enforcement officer agrees such supervision is no longer required.
C. 
When all site construction is completed, the permit holder shall request inspection pursuant to Section 15.48.130.
(Prior code § 13-510; Ord. 2021-01-26-1601 § 2)
It shall be the responsibility of the permit holder to notify the City within 24 hours of discovery of any stormwater discharge from the construction site that is in violation of this chapter. Notification shall include identification of the location of the violation, nature or cause of the violation, and corrective actions taken and/or anticipated. Such notification shall not relieve the user or the permit holder of any expense, loss, damage, or other liability which may be incurred as a result of damage to the City or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liabilities which may be imposed by applicable law.
(Prior code § 13-511; Ord. 2021-01-26-1601 § 2)