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)