This chapter shall be known as the "Grading Ordinance of the
city of Lemon Grove."
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
This chapter establishes minimum requirements for grading, excavation
and filling of land. It also provides for the issuance of permits,
and provides for the enforcement of the chapter provisions. These
provisions are supplementary and additional to the subdivision and
zoning regulations of the city and shall be read and construed as
an integral part of such regulations and the land development patterns
and controls established thereby.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
The intent of this chapter is to protect life and property,
promote the general welfare, enhance and improve the physical environment
of the community, and preserve and protect the natural scenic character
of the city. In administering these provisions, the following goals
should be respected:
A.
Ensure
that future development of lands occurs in the manner most compatible
with surrounding natural areas to have the least adverse effect upon
other persons, land, or the general public;
B.
Ensure
that soil will not be stripped and removed from lands leaving barren,
unsightly, unproductive land subject to erosion, subsidence and faulty
drainage;
C.
Encourage
design and development of building sites to provide the maximum in
safety and human enjoyment, while adapting development to and taking
advantage of the natural terrain; and minimizing adverse visual impacts
caused by major land form modifications;
D.
Encourage
and direct special attention toward retaining natural plantings and
maximum number of existing trees;
E.
Ensure
that the objectives and policies of the adopted general plan for the
city are met;
F.
Meet
the requirements of San Diego Regional Water Quality Control Board
Order Number R9-2013-0001, as may be amended.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A.
Nothing
in this chapter shall preclude the inclusion in any zoning permit,
subdivision approval, waiver, review or other approval issued or approved
pursuant to city ordinances of any condition, provision or requirement
concerning the grading of land. Nothing in this chapter shall preclude
the requirement for the property owner or applicant to obtain any
other permit or approval required by the city engineer or by law from
any public or private party or agency.
B.
This
chapter shall not affect the requirements of any other provision of
this code requiring permits, fees or other charges, or affect any
provision concerning the granting of franchises by any other person,
body or agency.
C.
This chapter is intended to implement the provisions of Chapters 8.48 and 8.52 of this code related to stormwater regulatory requirements including compliance with all implementing regulations of the city related to pollution control related to stormwater discharges, such as the Lemon Grove jurisdictional runoff management program ("JRMP").
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
The following words and phrases, when used in this chapter shall
be construed as defined in this section:
means a set of materials, i.e., the application form accompanied
by maps, studies, etc. as required by the checklist established by
the development services director, filed by an applicant to officially
request a permit subject to this title, or other titles as may be
appropriate.
means a written professional opinion by the responsible principal
of record concerning the satisfactory progress and completion of the
work under his or her purview unless it specifically refers to the
city engineer.
means the most current grading plans which bear the signature
or stamp of approval of the city engineer.
means a testing agency approved by the city engineer.
means a person who does scientific study of material remains
of past human life and activity.
means the surface and subsurface conditions and configuration
upon completion of grading.
means in-place solid rock.
means a relatively level step excavated into earth material
on which fill is to be placed.
shall have the same meaning as set forth in Lemon Grove Municipal Code Section 8.48.020. Erosion control measures are BMPs.
shall have the same meaning as set forth in Lemon Grove Municipal Code Section 8.48.020.
means earth material acquired from an off-site location for
use in grading on a site.
means premises from which soil, sand, gravel,
decomposed granite or rock are removed for any purpose.
means that portion of the land contained within an area bounded
by a line five feet outside the foundation footing for a building
being cleared and level.
means that portion of the land containing the building pad(s)
and lying within an area bounded by the top of slopes and/or toe of
slopes within the lot or parcel.
means the California Environmental Quality Act and its associated
legislation, findings, determinations and requirements.
means a signed written statement that the specific inspections
and tests required have been performed and that the works comply with
the applicable requirements of this chapter, the plans and the permit.
means the city of Lemon Grove.
means the city engineer or the director of public works for
the city or his or her duly authorized representative.
means a professional engineer registered in the state of
California to practice in the field of civil engineering.
means the application of the knowledge of the forces of nature,
principles of mechanics, and the properties of materials for evaluation,
design and construction of civil works for the beneficial uses of
the population.
means the removal of vegetation (grass, brush, trees and
similar plant types) above the natural surface of the ground.
means densification of a soil or rock fill by mechanical
or other acceptable procedures.
means grading which creates, or results in, land surfaces
which reflect the pre-graded natural terrain or that simulates natural
terrain, i.e., rounded nonplanary surfaces and rounded, nonangular
intersections between surfaces.
means a contractor licensed by the state to do work under
this chapter. A contractor may be authorized to act for a property
owner in doing such work.
means the county of San Diego.
means the director of development services or duly authorized
representative.
shall have the same meaning as set forth in Section 8.48.020.
shall have the same meaning as set forth in Lemon Grove Municipal Code Section 8.48.020.
means any rock, natural soil, or fill and/or any combination
thereof.
means any act by which earth, land, gravel, rock, or any
other material is deposited, placed, pushed, dumped, pulled, transported
or moved to a new location and the conditions resulting therefrom.
means a certified engineering geologist, registered by the
state to practice engineering geology.
means the application of geologic knowledge and principles
in the investigation and evaluation of naturally occurring rock and
soil for use in the design of civil work.
is an initial study required under the National Environmental
Policy Act and the California Environmental Quality Act which assesses
the possible environmental impacts of a proposed project and potential
alternatives to mitigate impacts of the proposed project.
are defined by Regional Water Quality Control Board for the
San Diego region (RWQCB), Order No. R9-2013-0001, National Pollutant
Discharge Elimination System (NPDES) Permit No. CAS0109266, as areas
that include but are not limited to all Clean Water Act Section 303(d)
impaired water bodies; areas designated as Areas of Special Biological
Significance by the State Water Resources Control Board (SWRCB) and
the RWQCB; State Water Quality Protected Areas; water bodies designated
with the RARE beneficial use by the SWRCB and RWQCB; areas designated
as preserves or their equivalent under the Multi Species Conservation
Program within the cities and county of San Diego; and any other equivalent
environmentally sensitive areas which have been identified by the
city.
shall have the same meaning as set forth in Lemon Grove Municipal Code Section 8.48.020.
means erosion control, sediment control, waste management, discharge prevention, or other BMPs required by this chapter, Chapter 8.48, or the BMP Manual.
means any combination of erosion control measures, as defined in this chapter. Erosion control systems shall meet the requirements of this chapter, Chapter 8.48, and the BMP Manual and shall be designed to protect adjacent private property, watercourses, public facilities and receiving waters from the deposition of sediment or dust.
means any earth, sand, gravel, rock or other similar material
which is cut into, dug, quarried, uncovered, removed, displaced, relocated,
or bulldozed by people and the conditions resulting therefrom.
means any soil with an expansion index greater than twenty,
as determined by the Expansive Soil Index Tests (UBC Std. 29-32).
means a fracture in the earth's crust along which movement
has occurred. An active fault is one that exhibits separation in historic
time or along which separation of Holocene deposits can be demonstrated.
If Holocene deposits are not offset, but numerous epicenters have
been recorded on or in close proximity to the fault, a classification
of active may be used.
"Nonstructural fill" means any embankment on which no soil
testing was performed or no compaction reports or other soil reports
were prepared or submitted.
means any geologic feature capable of producing structural
damage or physical injury. Geologic hazards include:
Landslides and potential slope instabilities resulting from
bedding faults, weak clay stone beds, and over steepened slopes;
Deposits potentially subject to liquefaction, seismically induced
settlement, severe ground shaking, surface rupture, debris flows,
or rock falls resulting from fault activity;
Deposits subject to seepage conditions or high groundwater table.
means a report which contains all appropriate soil engineering,
geologic, geohydrologic, and seismic information, evaluation, recommendations
and findings. This type of report combines both engineering geology
and soil engineering reports.
means the elevation and cross-sections established for the
finished surface. All grades shall be based upon the official datum
of the city.
means any excavating or filling or combination thereof.
means a permit issued pursuant to this chapter.
"Rough grading" means the condition where ground surface
approximately conforms to the design grade, generally within one-tenth
of a foot, and all compaction of fills and embankments have been performed
to the specifications required by the soil engineer.
shall have the same meaning as set forth in Lemon Grove Municipal Code Section 8.48.020.
means the removal of roots and stumps.
means a designed compaction fill placed in a trench excavated
in earth material beneath the toe of a proposed fill slope.
means the making of excavations and embankments on private
property and the construction of slopes, drainage structures, fences
and other facilities incidental thereto.
shall have the same meaning as set forth in Lemon Grove Municipal Code Section 8.48.020.
means a landscape architect, registered by the state of California,
who performs professional work in physical land planning and integrated
land development, including the design of landscape planting programs.
means those supplemental landscape-specific attachments required by Section 18.44.040 to be submitted as part of an application package, as required elsewhere in the municipal code.
means the downward and outward movement of soil, sand, gravel,
rock or fill or a combination thereof.
shall have the same meaning as set forth in Lemon Grove Municipal Code Section 8.48.020.
shall have the same meaning as set forth in Lemon Grove Municipal Code Section 8.48.020.
means the lay of the land prior to any grading.
shall have the same meaning as set forth in Lemon Grove Municipal Code Section 17.08.030.
means any person, agency, firm or corporation having a legal,
possessory or equitable interest in a given piece of real property.
means a person who holds an advanced degree, who is affiliated
with a recognized institution such as a museum or university and who
is actively engaged in the research of prehistoric life through the
study of plant and animal fossils.
means any person to whom a permit is issued pursuant to this
chapter.
means any individual, firm, association, corporation, organization
or partnership, or any city, county district or the state or any department
or agency thereof.
shall have the same meaning as set forth in Lemon Grove Municipal Code Section 8.48.020.
shall have the same meaning as set forth in Lemon Grove Municipal Code Section 8.48.020.
means a report prepared under the responsible supervision
of a soil engineer which includes preliminary information concerning
engineering properties of soil and rock on a site prior to grading,
describing locations of these materials and providing recommendations
for preparation of the site for its intended use.
means contiguous property in the same ownership for the purposes
of this chapter.
means the owner, subdivider or developer of real property
which will be benefited by the proposed land development work.
"Public property" means property owned in fee by the city,
or dedicated for public use.
means any manufactured slope which meets any one of the following
criteria:
A vertical height in excess of fifteen feet;
A vertical height in excess of five feet located on the exterior
of a subdivision and exposed to view from any point outside the subdivision;
A vertical height in excess of five feet which will be visible
after completion of the buildings to be placed on the subject graded
area from any circulation element road, from any existing or proposed
public buildings, public facility, or publicly used property, from
any private property two streets or more away from the slope in question
or from any private homes existing at the time of creation of the
slope.
means property that is used frequently by persons other than
the residents and/or owners.
means public easements or dedications for streets, alleys,
drainage ways and/or other uses.
shall have the same meaning as set forth in Lemon Grove Municipal Code Section 8.48.020.
means the in-place dry density (determined by ASTM D1556,
or other city engineer approved equal) expressed as a percentage of
the maximum dry density (determined by ASTM D1557, or other city engineer
approved equal).
means wall designed to resist the lateral displacement of
soil or other materials.
shall have the same meaning as set forth in Lemon Grove Municipal Code Section 8.48.020.
shall have the same meaning as set forth in Lemon Grove Municipal Code Section 8.48.020.
means the inclined exposed surface of a fill, excavation
or natural terrain.
means earth material of whatever origin, overlying bedrock
and may include the decomposed zone of bedrock which can be readily
excavated by mechanical equipment.
means a registered civil engineer who holds a valid authorization
to use the title "soil engineer" as provided in Section 6736.1 of
the California Business and Professions Code. The terms "geotechnical
engineer," "soils engineer" and "soil and foundation engineer" are
deemed to be synonymous with the term "soil engineer."
means the application of the principles of soil mechanics
in the investigation, evaluation and design of civil works involving
the use of earth materials and the inspection and testing of the construction
thereof.
shall have the same meaning as set forth in Lemon Grove Municipal Code Section 8.48.020.
shall have the same meaning as set forth in Lemon Grove Municipal Code Section 8.48.020.
means a temporary, uncompacted fill or embankment placed
by artificial means, which is designated or intended to be moved,
or relocated at a later date.
shall have the same meaning as set forth in Lemon Grove Municipal Code Section 8.48.020.
shall have the same meaning as set forth in Lemon Grove Municipal Code Section 8.48.020.
shall have the same meaning as set forth in Lemon Grove Municipal Code Section 8.48.020.
means a person, firm, corporation, partnership or association
who causes land to be divided into one or more lots or parcels for
him or herself or others as defined by those sections of the Government
Code known as the Subdivision Map Act.
means grading that conforms to Section 18.08.480 of this chapter.
means a relatively level step constructed in the face of
a graded slope surface for drainage and maintenance purposes.
means any soil or earth material having properties or characteristics,
which, under the criteria of this chapter or under the criteria contained
in any approved geotechnical report, make it unsuitable for use as
fill or for any other intended use. These properties or characteristics
include, but are not limited to, organic content of the material exceeding
three percent, rock diameters exceeding eight inches, the presence
of concrete or asphalt, or the presence of expansive soils within
three feet of finish grade of any area intended or designed as a location
for a building.
shall have the same meaning as set forth in Lemon Grove Municipal Code Section 8.48.020. For the purposes of this chapter, a "private watercourse" is a watercourse that collects runoff from private property and transports water to the public right-of-way and a "public watercourse" is a watercourse that collects runoff from the public right-of-way or water collected in a private watercourse that has reached the public right-of-way.
(Ord. 371 § 1, 2008; Ord. 387 § 3, 2010; Ord. 428 § 1, 2015)
