This chapter shall be known as the grading, erosion and sediment control ordinance of the city of South Lake Tahoe.
(Ord. 1000 § 1; Code 1997 § 36-1)
The ordinance codified in this chapter is enacted for the following purposes: (1) Regulating grading on both public and private property within the city of South Lake Tahoe to safeguard life, limb, health, property and public welfare; (2) To avoid pollution of watercourses with hazardous materials, nutrients, sediments, or other earthen materials generated on or caused by surface runoff or by aerial deposition of pollutants generated from the permit area on or across the permit area; and (3) To ensure that the intended use of a graded site is consistent with the city of South Lake Tahoe general plan, any specific plans adopted thereto and applicable city of South Lake Tahoe ordinances including the zoning ordinance, flood damage prevention ordinance, environmental review ordinance and applicable chapters of the California Building Code. In the event of conflict between this chapter and state or federal law, this chapter shall prevail unless preempted by the state or federal law. In the event of conflict between this chapter and other chapters of the South Lake Tahoe City Code, this chapter shall prevail.
(Ord. 1000 § 1; Code 1997 § 36-2)
Unless specifically defined below, words or phrases used in this chapter or article shall be interpreted as to give them the meaning they have in common usage and to give the chapter or article its most reasonable application. Wherever the following terms are used in this chapter, they shall have the meaning ascribed to them in this section:
"Bedding plane"
means a nearly flat surface, which may have been tilted up or folded by tectonic forces, separating two beds (or layers or strata) of sedimentary rock. Each bedding plane marks the end of one deposit and the beginning of another having different characteristics (also known as strata, or beds).
"Bedrock"
is the solid undisturbed rock in place either exposed at the ground surface or beneath surficial deposits of loose rock or soil.
"Bench"
means a relatively level step excavated into sloping natural ground on which engineered fill or embankment fill is to be placed.
"BMPs"
means best management practices. For construction and environmental protection activities in the Tahoe Basin, BMPs refers to a technique, process, activity, or structure used to reduce the pollutant content and the quantity of a storm water discharge. In place of "BMPs," the more descriptive term "storm water management practices" is used in this chapter.
"City"
is the city of South Lake Tahoe.
"City council"
is the city council of the city of South Lake Tahoe.
"Civil engineer"
is a professional engineer registered as a civil engineer by the state of California.
"Compaction"
is the increase in density of a soil or rock fill by mechanical equipment or tools.
Cut.
See "Excavation."
"Days"
means calendar days, except that such time limits shall extend to the following working day where the last of the specified number of days falls on a Saturday, Sunday or any city holiday.
"Department"
means either the public works department or the community development department of the city of South Lake Tahoe.
"Depth of excavation (cut)"
means the vertical dimension from the exposed cut surface to the original ground surface.
"Depth of fill"
means the vertical dimension from the exposed fill surface to the original undisturbed condition ground surface.
"Director"
means either the director of public works or the director of community development.
"Director of community development"
means the director of community development of the city of South Lake Tahoe, California, acting either directly or through authorized designees.
"Director of public works"
means the director of public works of the city of South Lake Tahoe, California, acting either directly or through authorized designees.
"Drainage report"
means a report identifying existing conditions, SEZs and drainage features, proposed improvements, effects of proposed improvements on post-development hydrology, calculations of peak flows on and off site, and other hydrologic and engineering calculations and maps as specified by the director.
"Drainage way"
means a depression in the earth's surface such as swales, ravines, gullies, draws, hollows or ditches in which surface waters collect for drainage, but which may be dry for periods of time.
Embankment.
See "Fill."
"Engineering geologist"
means a registered geologist certified as an engineering geologist by the state of California.
"Engineering geology"
means the application of geologic knowledge in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
"Erosion"
means the wearing away and transportation of earth material as a result of the movement of wind, water, snow, or ice.
"Excavation (cut)"
means the removal of naturally occurring earth materials or fill by mechanical means, and includes the conditions resulting therefrom.
"Existing grade"
means the elevation of the ground surface at a given point prior to excavating or filling.
"Expansive soil"
means any soil which exhibits significant expansive properties as determined by a geotechnical engineer, civil engineer, or engineering geologist.
"Fill (embankment)"
means the deposit of soil, rock or other materials placed by man and includes the conditions resulting therefrom.
"Finish grade"
means the final grade of the site after excavating or filling which conforms to the approved final grading plan. The finish grade is also the grade at the top of a paved surface.
"Geologic hazard"
means any condition in naturally occurring earth materials, which may endanger life, health or property.
"Geotechnical engineer"
means a civil engineer registered by the state of California as a geotechnical engineer.
"Geotechnical engineering"
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 may include the inspection, testing and construction thereof.
"Grade"
means the vertical location of the ground surface.
Grade, existing.
"Existing grade" means the grade prior to grading.
Grade, rough.
"Rough grade" means the stage at which the grade approximately conforms to the approved plan.
"Grading"
means any land excavation or filling or combination thereof, or the removal, plowing under or burial of vegetative groundcover.
"Grading plan"
means a plan prepared in accordance with this chapter showing grading and related work.
"Grading work"
is grading and related work, such as, but not limited to, drainage improvements and erosion and sediment control.
"Hazardous materials"
is as defined in California Health and Safety Code Sections 25501 et seq.
"Joint"
means a fracture in rock that is produced by expansion, contraction, and tectonic forces, and along which there has been no movement.
"Keyway"
means a special backfilled excavation which is constructed beneath the toe area of a planned fill slope on sloping ground to improve the stability of the slope.
"Landscape architect"
means a landscape architect registered by the state of California.
Lot.
See "Parcel."
"NPDES"
means the National Pollutant Discharge Elimination System, a federal program regulating storm water discharges pursuant to Sections 307, 318, 402, and 405 of the Clean Water Act (33 U.S.C. Section 1251 et seq.), as such Act may be amended from time to time.
"Overland flow"
means flow over developed or undeveloped surfaces, including but not limited to roofs, streets, lawns, parking lots and unimproved lands.
"Owner"
means the person shown as the legal owner of the property on the latest equalized assessment roll in the office of the county assessor.
"Parcel (lot)"
means land described as a lot or parcel in a recorded deed or shown as a lot or parcel on a subdivision map or parcel map on file in the county recorder's office.
"Permit"
means an approved grading permit issued pursuant to this chapter authorizing certain grading work.
"Permittee"
means any person to whom a permit is issued pursuant to this chapter.
"Person"
means any individual, firm, corporation or public agency whether principal, agent, employee or otherwise.
"Record drawings"
means drawings for improvements or grading that show changes made during construction.
"Retaining wall"
means any constructed wall that holds back earth (or a liquid), where there is an abrupt change in elevation.
"Revegetation"
means the establishment of annual and perennial plant material for temporary and/or long term soil stabilization.
"Sediment"
means any material transported or deposited by water or wind, including soil debris or other foreign matter.
"Site"
means any lot or parcel of land or combination of contiguous lots or parcels of land, or other public lands, whether held separately or joined together in common ownership or occupancy, where grading is to be performed or has been performed.
"Slope"
means an inclined ground surface the inclination of which may be expressed as the ratio of horizontal distance to vertical distance, or as the ratio of vertical distance per 100 feet horizontal distance when given as a percent.
"Soil"
means all earth material of any origin that overlies bedrock and may include the decomposed zone of bedrock, which can be excavated readily by mechanical equipment.
"Storm water management practices"
means structural or nonstructural improvements installed for the purposes of infiltrating, retaining, or treating storm water runoff to improve the water quality and to reduce the quantity of storm water runoff from a site. Storm water management practices are sometimes known as best management practices or BMPs.
"Storm water runoff"
means water runoff due to storms (rain, snow melt, etc.).
"Stream environment zone"
means perennial, intermittent, and ephemeral streams, meadows and marshes, wetlands, and other areas of near-surface ground water influence, consistent with the Tahoe Regional Planning Agency's definition of stream environmental zone (SEZ).
"Structural BMP"
means that which has been built for the purpose of storm water control, conveyance, infiltration (e.g., pipe, treatment vault, sediment trap, or vegetated swale) see "BMPs."
"Structure"
means that which is built or constructed or any piece of work artificially built up or composed of parts joined in some definite manner, typically a building.
"Surcharge"
means the additional loading acting above and behind a retaining wall other than from the normal active soil pressures; examples of surcharges include but are not limited to vehicles, buildings, snow, sloped backfill, stockpiles, construction staging areas and equipment.
"Terrace"
means a relatively level step constructed in the face of a graded slope surface for drainage, maintenance, or other purposes.
"TRPA"
means the Tahoe Regional Planning Agency.
"Vegetation"
means plant life.
"Vehicular way"
means a private roadway or driveway.
"Watercourse"
means any natural or constructed channel flowing continuously or intermittently in a definite direction and course or used for the holding, delay or storage of waters, which functions at any time to convey or store storm water runoff.
"Wet season"
means the period of the year which has the highest amounts of precipitation. In South Lake Tahoe, the majority of precipitation occurs between fall and spring. For the purpose of this chapter, the wet season is defined as from October 15th to May 1st, inclusive. Soil disturbance during the wet season should be avoided and is rarely permitted.
Work.
See "Grading work."
(Ord. 1000 § 1; Code 1997 § 36-3)