The city council finds as follows:

The intent of this chapter is to protect and enhance the water quality in the city of Benicia's watercourses, water bodies, and wetlands in a manner pursuant to, and consistent with, the Porter-Cologne Water Quality Control Act (Water Code Section 13000 et seq.), the federal Clean Water Act (33 U.S.C. Section 1251 et seq.) and any subsequent revisions and amendments thereto, and with the goals of the city of Benicia general plan including:

Goal 2.38:	Protect water quality.
Goal 3.22:	Preserve water bodies.
Goal 3.24:	Protect watersheds.
Goal 4.12:	Accommodate runoff from existing and future development.
Goal 4.14:	Prevent ground and surface water contamination.

This chapter also carries out the conditions in the city's Phase II small municipal separate storm sewer system (MS4) National Pollutant Discharge Elimination System (NPDES) permit, Water Quality Order No. 2013-0001-DWQ, General Permit No. CAS000004 (Phase II Storm Water Permit) and subsequent revisions and amendments thereto, that require, effective upon adoption of this chapter, implementation of appropriate measures to control pollutant discharges into and from the MS4 system.

It is the purpose of the city council in enacting this chapter to ensure the future health, safety, and general welfare of city of Benicia residents and acting in accordance with the precepts of the general plan by:

Detecting and eliminating non-storm water discharges and illegal connections to the municipal separate storm drain system.

Responding to and prohibiting the discharge to municipal separate storm drains from spills, dumping or disposal of materials other than storm water.

Reducing pollutants in storm water discharges to waters of the United States to the maximum extent practicable.

Complying with applicable state and federal laws.

Minimizing increases in nonpoint source pollution caused by storm water runoff from development that would otherwise degrade local water quality.

Reducing storm water runoff rates and volumes and nonpoint source pollution whenever possible, through storm water management controls and ensuring that these management controls are properly maintained and pose no threat to public safety.

(Ord. 25-11 § 1)

§ 15.70.020 Definitions.

The following words and phrases when used in this chapter shall be as defined herein. Words and phrases in this chapter and not otherwise defined shall be interpreted as defined in the regulations issued by the U.S. Environmental Protection Agency to implement the provisions of the Phase II storm water permit, the federal Clean Water Act, and as defined by the State Water Resources Control Board to implement the Porter-Cologne Act:

"Authorized enforcement officer" or "authorized enforcement officer"

is the development services director or their representative and those individuals designated by the development services director as authorized enforcement officer.

"BASMAA Post Construction Manual"

means the most recent version of the Bay Area Storm Water Management Agencies (BASMAA) Post Construction Manual.

"Best management practices (BMPs)"

are schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to the waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from raw material storage.

"City storm drain system"

includes but is not limited to those facilities within the city by which storm water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, drainage inlets, curbs, gutters, ditches, manmade open channels or culverts and pipes, which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR Part 122.2.

"Construction activity"

means any activity that involves soil disturbing activities including, but not limited to, clearing, grading, paving, disturbances to ground such as stockpiling, and excavation.

"Development runoff requirements"

shall mean the provisions in the city's storm water Phase II final rule that contains performance standards to address both construction and post-construction phase impacts of new projects and redevelopment projects on storm water quality.

"Discharge" or "discharge of a pollutant"

is (1) the addition of any pollutant or combination of pollutants to waters of the United States from any point source, or (2) any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft, which is being used as a means of transportation. The term includes additions of pollutants to waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works.

"Erosion and sediment control plan (ESCP)"

means a plan prepared to control erosion and prevent the discharge of sediment and construction materials from a construction site.

"Illicit connection"

is any device or method that conveys non-storm water to a municipal separate storm sewer (storm drain) system (MS4) or receiving water.

"Illicit discharge"

is any discharge to an MS4 that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The term "illicit discharge" includes all non-storm water discharges not composed entirely of storm water and discharges that are identified under the discharge of pollutants section of this chapter (BMC § 15.70.060). The term "illicit discharge" does not include discharges that are regulated by an NPDES permit.

"Incidental irrigation runoff"

means unintended amounts (volume) of runoff, such as unintended, minimal overspray from sprinklers that escapes the landscaped area of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.

"Low impact development (LID)"

means a sustainable practice that benefits water supply and contributes to water quality protection. LID uses site design and storm water management to maintain the site's predevelopment runoff rates and volumes. The goal of LID is to mimic a site's predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate, and detain runoff close to the source of rainfall.

"Non-storm water discharge"

is any discharge to a storm sewer system that is not composed entirely of storm water.

"NPDES permit"

is a National Pollutant Discharge Elimination System (NPDES) permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, or a California Regional Water Quality Control Board pursuant to the Clean Water Act that authorizes discharges to waters of the United States.

"Permit registration documents (PRDs)"

are the application materials required by the State Water Resources Control Board that include a notice of intent to comply with the terms of the general permit to discharge storm water associated with construction and ground disturbing activities (Order No. 2009-0009-DWQ as amended, General Permit No. CAS000002) or the general permit to discharge storm water associated with industrial activities (Order No. 2014-057-DWQ, General Permit No. CAS000001).

"Phase II storm water permit"

is the NPDES general storm water permit applicable to the city of Benicia, Water Quality Order No. 2013-0001-DWQ, General Permit No. CAS000004, and any subsequent amendment, reissuance, or successor to this NPDES permit.

"Pollutant"

is any material other than storm water including, but not limited to, petroleum products or byproducts, acidity, dredged or excavated soil, solid waste, incinerator residue, filter backwash, sewage, pet wastes, manure, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, sediment, cellar dirt, concrete, debris, dumped yard wastes, and industrial, municipal, and agricultural waste; temperature, wrecked or discarded equipment, rock, sand, soil and industrial, municipal or agricultural waste discharged into the water or storm water system, that is discharged to or placed in such a way as to be carried away by storm water into the storm drains and watercourses of the city.

"Post-construction measure requirements"

are the provisions in Section E.12 of the Phase II storm water permit that contain design standards or performance criteria to address the post-construction phase impacts of new projects and redeveloped projects on storm water quality and quantity.

"Premises"

are any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

"Rainy season"

means the time-period between October 15th and April 15th, inclusive.

"Responsible person"

shall mean the owner or occupant of any premises or who engages in any activity from which there is or may be a non-storm water discharge or any person who releases pollutants to the city's storm water system.

"Storm drain system" or "storm drain"

includes but is not limited to those storm water drainage conveyance facilities within the city by which storm water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, drainage inlets, curbs, gutters, ditches, creeks, manmade open channels or culverts and pipes, which is not part of a Publicly Owned Treatment Works (POTW) as defined in the Code of Federal Regulations (at 40 CFR Part 122.2).

"Storm water"

means storm water runoff, surface runoff and drainage. It excludes infiltration and runoff from agricultural land.

"Storm water control plan"

means a plan that meets the criteria contained in the most recent version of the BASMAA Post Construction Manual.

"Storm water facilities operation and maintenance plan"

is a plan identifying the locations and characteristics of storm water management facilities on a newly developed or redeveloped site and describing maintenance activities, schedules, and responsibilities to ensure the ongoing proper operation of those facilities.

"Storm water management facility"

is any device designated to detain, retain, filter, or infiltrate storm water.

"Storm water pollution prevention plan (SWPPP)"

"Watercourse"

is any channel, ditch, drainage swale, closed pipe system, whether manmade or natural, that collects and transports runoff.

"Waters of the United States"

are all waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide as defined in 33 CFR Part 328.

Ord. 25-11 § 1)

§ 15.70.030 Responsibility for administration.

This chapter shall be administered for the city by the development services director. In administering this chapter, the development services director has the authority to request and require the submittal of information deemed necessary to assess compliance with this chapter and the Phase II storm water permit.

(Ord. 25-11 § 1)

§ 15.70.040 Construction and application.

This chapter shall be construed to assure consistency with the requirements of the federal Clean Water Act and acts amendatory thereof or supplementary thereto, and applicable implementing regulations. Every application for a development project, including but not limited to a rezoning, tentative map, parcel map, conditional use permit, variance, site development permit, design review, or building permit is subject to the development runoff requirements in the city's NPDES permit and shall be accompanied by a storm water control plan that meets the most recent version of the BASMAA Post Construction Manual.

(Ord. 25-11 § 1)

§ 15.70.050 Taking.

The provisions of this chapter shall not operate to deprive any landowner of substantially all of the market value of their property or otherwise constitute an unconstitutional taking without compensation. If application of this chapter to a specific project would create a taking, then pursuant to this chapter the city council may allow additional land uses, but only to the extent necessary to avoid a taking. Such uses shall be consistent with and carry out the purposes of this chapter as stated in BMC § 15.70.010.

(Ord. 25-11 § 1)

§ 15.70.060 Discharge of pollutants.

The discharge of non-storm water discharges to the city storm drain system is prohibited. All discharges of material other than storm water must be in compliance with this chapter, state and federal regulations and authorized by the development services director.

The discharge of storm water from premises or an activity that causes or contributes to a violation of receiving water limitations in the city's NPDES permit is prohibited.

Exceptions to Discharge Prohibition. The following discharges are exempt from the prohibition set forth in subsection (A) of this section:

Discharges regulated under a National Pollutant Discharge Elimination System (NPDES) permit (other than the Phase II storm water permit) issued to the discharger and administered by the state of California under authority of the United States Environmental Protection Agency; provided, that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations.

Discharges or flows from fire-fighting activities unless they are identified as significant sources of pollutants to waters of the United States.

Discharges from the following activities, provided any pollutants in the discharges are identified and appropriate control measures to minimize the impacts of such discharges are developed and implemented:

Water line flushing and other discharges from potable water sources;

Incidental irrigation runoff from landscaped areas provided the conditions in subsection (C)(4) of this section are met;

Diverted stream flows;

Rising ground waters;

Infiltration to separate storm drains;

Uncontaminated pumped ground water (as defined at 40 CFR 35.2005(20)) to separate storm sewers;

Foundation and footing drains;

Water from crawl space pumps;

Air conditioning condensation;

Natural springs;

Individual residential car washing;

Flows from riparian habitats and wetlands; and

Dechlorinated swimming pool discharges.

Irrigation systems must be designed to conserve water and prevent water leaving the area of application. Persons responsible for controlling irrigation systems shall prevent excessive irrigation runoff by:

Detecting and correcting leaks from the irrigation system within 72 hours of discovering the leak;

Properly designing and aiming sprinkler heads to only irrigate the planned application area;

Not irrigating during precipitation events; and

Where recycled water is used for irrigation, designing, and managing holding ponds such that no discharge occurs unless it is the result of the 25-year, 24-hour storm event. Any releases from holding ponds must be reported to the Regional Water Board and the city of Benicia within 24 hours of the discharge.

(Ord. 25-11 § 1)

§ 15.70.070 Discharge in violation of permit.

Any discharge that would result in a contribution to a violation of the Phase II storm water permit, either separately considered or when combined with other discharge, is prohibited. Any non-storm water discharge not within the confines of this chapter and/or not approved by the development services director is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify, and hold harmless the city in any administrative or judicial enforcement action relating to such discharge.

(Ord. 25-11 § 1)

§ 15.70.080 Illicit discharge and illicit connections.

It is prohibited to establish, use, maintain, or continue illicit drainage connections to the city storm water system or watercourse, and to commence or continue any illicit discharges to the city storm water system or watercourse. This prohibition is expressly retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection.

Any person responsible for a discharge, spill, or pollutant release shall promptly cease and desist discharging, and/or clean up and abate such a discharge as directed by the development services director.

Any person found to be in violation of this section or found to be responsible for an illicit connection shall promptly remove the illicit drainage or connection in a manner acceptable to and approved by the city.

No discharge shall cause the following conditions, create a nuisance, or adversely affect beneficial uses of waters of the state:

Floating, suspended or deposited macroscopic matter or foam;

Bottom deposits or aquatic growth;

Alterations of temperature, sediment load, nutrient load, or dissolved oxygen, which cause significant adverse impacts to native aquatic biota;

Visible, floating, suspended or deposited oil or products of petroleum origin; or

Substances present in concentrations or quantities which cause deleterious effects on aquatic biota, wildlife, or waterfowl, or which render any of these unfit for human consumption.

The city may perform cleanup and abatement work and recover its costs from the responsible person as provided in BMC § 15.70.200.

(Ord. 25-11 § 1)

§ 15.70.090 Best management practices and standards.

Any person engaged in activities that will or may result in pollutants entering the city storm drain system shall undertake all practicable measures to cease such activities, and/or eliminate or reduce such pollutants. Such activities shall include, but not be limited to ownership and use of parking lots, gasoline stations, industrial facilities, commercial facilities, ground disturbing activities, and stores fronting city streets. The following minimal requirements shall apply:

Littering. Except for pollutants lawfully disposed of by way of containers or in lawfully established dumping grounds, no person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, drain inlet, conduit or other drainage structures, business place, or upon any public or private lot of land in the city, in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the city, so that the same might be or become a pollutant.

Sidewalks. The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee, or proprietor of any real property in the city of Benicia in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway but shall be disposed of in receptacles maintained on said real property as required for the disposal of garbage, trash or green waste.

Standard for Parking Lots and Similar Uses. Persons owning or operating private streets, a parking lot, gas station pavement or similar structure shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the city storm water system.

Best Management Practices for Construction and Ground Disturbing Activities.

Any person performing construction activities in the city shall use the best available technology (BAT) and the best conventional technology (BCT). Any person performing construction activities shall implement appropriate BMPs consistent with the California Stormwater Quality Association BMPs or equivalent to prevent the discharge of construction wastes or contaminants from construction materials, tools, and equipment from entering the storm drain system or watercourse.

Construction-phase BMPs include erosion and sediment controls and pollution prevention practices.

Erosion control BMPs may include, but are not limited to:

Scheduling and timing of grading activities;

ii.

Preservation of existing vegetation;

iii.

Timely revegetation of graded areas;

iv.

The use of hydroseed and hydraulic mulches;

Soil binders;

vi.

Earth dike and drainage swales;

vii.

Velocity dissipation devices;

viii.

Slope drains;

ix.

Installation of erosion control blankets;

Soil preparation – roughening;

xi.

Wind erosion control.

Sediment control BMPs may include, but are not limited to:

Properly sized detention basins, dams, or filters to reduce entry of suspended sediment into the storm drain system and watercourses;

ii.

Installation of construction entrances to prevent tracking of sediment onto adjacent streets;

iii.

Biofilter bags;

iv.

Sandbag barrier;

Storm drain inlet protection;

vi.

Entrance outlet tire wash;

vii.

Street sweeping to remove tracked sediment.

Pollution prevention practices may include, but are not limited to:

Designated concrete washout areas or facilities;

ii.

Control of trash and recycled materials;

iii.

Tarping of materials stored on site;

iv.

Proper location of and maintenance of temporary sanitary facilities.

The combination of BMPs used, and their execution in the field, must be customized to the site using up-to-date standards and practices.

Financial security may be required to ensure that temporary measures to control storm water pollution are implemented and maintained during construction and after construction for a period determined by the city. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the agency.

When any work is being done contrary to the provisions of this chapter, the code enforcement officer may order the work stopped by notice through the building official in writing served on any persons engaged in doing or causing the work to be done. Such work shall stop until the building official authorizes the work to proceed. An investigation fee or citation established by the Benicia master fee schedule as adopted by city council shall be collected. This remedy is in addition to, and does not supersede or limit, any and all other remedies, both civil and criminal, provided in the city of Benicia Municipal Code.

The city has the authority to review designs and proposals for construction activities and new development and redevelopment sites to determine whether adequate BMPs will be installed, implemented, and maintained prior and during construction and after final stabilization (post-construction).

All construction plans and applications for construction activity submitted to the city shall consider the potential for erosion and sedimentation at the construction site and shall include appropriate erosion and sedimentation controls.

Erosion and Sediment Control Plan Requirements.

An erosion and sediment control plan (ESCP) shall be required for:

Any project subject to a grading permit under Chapter 15.73 BMC, Grading and Erosion Control;

ii.

Any project subject to a building permit or other permit that has the potential for significant erosion and/or significant non-storm water discharges of sediment and/or construction site waste;

iii.

Any other project, as required by the authorized enforcement official, considering factors such as whether the project involves hillside soil disturbance, rainy season construction, construction near a creek or an intermittent or ephemeral drainage way, or any other condition or construction site activity that could lead to a non-storm water discharge to a storm drain if not managed by effective implementation of an ESCP.

The ESCP shall be submitted for review and approval by the authorized enforcement official. The project applicant shall follow guidance issued by the development services director in preparing the ESCP. At a minimum, the ESCP shall include:

ESCP checklist;

ii.

Description of the proposed project and soil disturbing activity;

iii.

Site-specific construction-phase BMPs;

iv.

Rationale for selecting the BMPs, including, if needed, soil loss calculations;

List of applicable permits associated with the soil disturbing activity, such as: the state's construction general permit (CGP); Clean Water Act Section 404 Permit; Clean Water Act Section 401 Water Quality Certification; streambed/lake alteration agreement (1600 Agreements);

vi.

Proof that the applicant has obtained the applicable permits associated with the soil disturbing activity that must be submitted prior to approval of the ESCP; and

vii.

Project information including but not limited to:

(A)

Owner and contractor contact information;

(B)

Site information (location, status, size of project, size of disturbed area);

(C)

Name and distance to the nearest receiving water; and

(D)

Planned start date and anticipated completion date.

For projects subject to the state's general construction permit (CGP), project applicants may submit a storm water pollution prevention plan (SWPPP) developed pursuant to the CGP in lieu of submitting an ESCP.

Implementation of an approved ESCP shall be a condition of the issuance of a building permit, a grading permit, or other permit issued by the city for a project subject to this section. The ESCP shall be implemented yearround and must be updated to reflect changing conditions on the project site. Any modifications to the ESCP shall be submitted to the city for review and approval.

Best Management Practices for New Development and Redevelopment.

Prior to and/or during construction, the authorized enforcement official may establish controls on the volume and rate of storm water runoff from new developments and redevelopment as may be appropriate to minimize peak flows or total runoff volume, and to mimic the pre-development site hydrology. These controls may include limits on impervious area or provisions for detention and retention of runoff on site.

The authorized enforcement official may require, as a condition of project approval, permanent structural controls designed for the removal of sediment and other pollutants, and for control on the volume and rate of storm water runoff from the project's added or replaced impervious surfaces. The selection and design of such controls shall be in accordance with criteria established or recommended by federal, state, and local agencies, and where required, the BASMAA Post Construction Manual. Where physical and safety conditions allow, the preferred control measure is to retain drainage ways above ground and in as natural a state as possible, or by other biological methods such as bioretention areas.

Storm Water Control Plan Requirements.

For each new development and redevelopment project subject to post-construction measure requirements, or where required by the nature and extent of a proposed project and deemed appropriate by the city, every applicant shall submit a storm water control plan (SCP) that meets the criteria in the most recent version of the BASMAA Post Construction Manual.

Applicable new development and redevelopment projects subject to post-construction measures include:

(A)

Small Projects. Projects that create or replace between 2,500 and 5,000 square feet of impervious area, excluding linear underground/overhead utility projects.

(B)

Regulated Projects. Projects that create or replace greater than or equal to 5,000 square feet of impervious area, excluding: detached single-family residences that are not part of a common plan of development; interior remodels; routine maintenance or repair; linear underground/overhead utility projects unless the project has a discrete location that has 5,000 square feet or more of newly constructed contiguous impervious area.

(C)

Full Hydromodification Projects. Regulated projects that create or replace greater than or equal to one acre of impervious area, with a net increase in impervious area.

Applicants shall implement the controls identified in the SCP and required by the conditions of approval that reduce storm water pollutant discharges through the construction, operation and maintenance of source control measures, low impact development design, site design measures, storm water treatment measures and hydromodification management measures. Increases in runoff shall be managed in accordance with the post-construction measures requirements.

The SCP is separate and distinct from the ESCP requirements described in subsection (D) of this section.

Where projects are required to have a SCP, project applicants shall follow the appropriate SCP template, based on the project type, in the BASMAA Post Construction Manual.

Implementation of an approved SCP and submittal of an approved storm water facilities operation and maintenance plan by the applicant shall be a condition precedent to the issuance of a building permit or another city-issued permit for a project subject to this section.

Financial security may be required to ensure that storm water management facilities operate and are maintained following construction for a period which may be determined by the city. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the city.

When any work is being done contrary to the provisions of this chapter, the authorized code enforcement officer may order through the building official the work stopped by notice in writing served on any persons engaged in doing or causing the work to be done. Such work shall stop until the building official authorizes the work to proceed. This remedy is in addition to and does not supersede or limit any and all other remedies, both civil and criminal, provided in the BMC.

All storm water management facilities shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure. Design guidelines are outlined in the BASMAA Post Construction Manual.

All storm water management facilities shall be maintained according to the approved storm water facilities operation and maintenance plan. The person(s) or organization(s) responsible for maintenance shall be designated in the plan. Unless a different time period is provided for in the plan, those responsible for maintenance shall inspect the storm water management facilities at least annually and submit a written report of the inspection to the city. The storm water facilities operation and maintenance plan shall describe how the maintenance costs will be funded. If the responsible person fails to maintain the storm water management facilities in accordance with this chapter or the plan, the city may perform the maintenance and recover its costs from the responsible person as provided in BMC § 15.70.200.

For each new development and redevelopment project subject to the post-construction measures requirements, or where deemed appropriate by the city, access by the city to storm water management facilities for inspections, as provided in BMC § 15.70.200, and through such means as may be appropriate, including, but not limited to, legal agreements, recorded covenants or easements, shall be provided by the property owner.

All project proponents and their successors, or successors in fee title, in control of a new development and redevelopment project subject to the post-construction measures requirements, shall submit one of the following as a condition prior to final inspection and approval of building permit closure:

The project proponent's signed statement accepting responsibility for the operations and maintenance of storm water management facilities until such responsibility is legally transferred to another entity;

ii.

Written conditions in the sales or lease agreements or deed for the project that requires the buyer or lessee to assume responsibility for the operations and maintenance of the storm water management facilities until such responsibility is legally transferred to another entity;

iii.

Written text in project deeds, or conditions, covenants and restrictions for multi-unit residential projects that require the homeowners' association or, if there is no association, each individual owner, to assume responsibility for the operation and maintenance of the storm water management facilities until such responsibility is legally transferred to another entity; or

iv.

Any other legally enforceable agreement or mechanism, such as recordation in the property deed, that assigns the operation and maintenance of the storm water management facilities to the project owner(s).

Notification of Intent and Compliance with General Permits. Each industrial discharger, discharger associated with construction activity, or other discharger, described in any general storm water permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, San Francisco Bay Region, shall provide notice of intent, comply with, and undertake all other activities required by any general storm water permit applicable to such discharges.

Each discharger identified in an individual NPDES permit relating to storm water discharges shall comply with and undertake all activities required by such permit.

Compliance With Best Management Practices. Where best management practices, guidelines or requirements have been adopted by any federal, state of California, and/or regional agency, or by the city, for any activity, operation, or facility that may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non-storm water to the storm drain system, every person undertaking such activity or operation, or owning or operating such facility, shall comply with such guidelines or requirements as may be identified by the city engineer.

Storm Water Pollution Prevention Plan. The development services director may require any business or utility in the city that is engaged in activities which may result in any discharges, lawful or otherwise, to develop and implement a storm water pollution prevention plan (SWPPP), which must include maintenance, storage, manufacturing, assembly, equipment storage, vehicle loading, fueling, vehicle maintenance, food handling or processing or cleanup procedure that is carried out partially or wholly out of doors.

Coordination with Hazardous Materials Release Response and Inventory Plans. Any business subject to hazardous material release response and inventory plan, Division 20, Chapter 6.95 of the California Health and Safety Code (commencing with Section 25500), shall include, in that plan, provision for compliance with this chapter, including the prohibition of non-storm water discharges and the requirement to reduce release of pollutants to the maximum extent practicable.

(Ord. 25-11 § 1)

§ 15.70.100 Tourtelot cleanup project.

The Tourtelot cleanup project area consists of approximately 220 acres of the former Benicia Arsenal, north of Rose Drive and west of East 2nd Street. The site was used from 1944 to 1960 as part of the Benicia Arsenal. The site was known to contain ordnance and explosives and has been subject to a cleanup project. Because of various methods of detection and cleanup used on the site, areas of the site are subject to specific controls. Some areas are under the restriction of filing a plan for any work below grade. Other areas of the site also require the submittal of approved procedures prepared by a licensed engineer and observed by representatives of the State of California Division of Toxic Substances Control. No new discharges of any type or alteration of any existing discharge are allowed into the Tourtelot site without compliance with restrictions contained in the Tourtelot site contingency action plans and the operation and maintenance plan which are further cited in Chapter 15.73 BMC, Grading and Erosion Control.

(Ord. 25-11 § 1)

§ 15.70.110 Watercourse protection.

Every person owning property through which a watercourse passes, or such person's lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the watercourse; shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse; and shall not remove healthy bank vegetation beyond that actually necessary for maintenance, and not remove vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.

No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the city:

Discharge into or connect any pipe or channel to a watercourse;

Modify the natural flow of water in a watercourse;

Carry out development within the greater of 30 feet of the center line of any creek or 25 feet of the top of a bank wherein the "top of bank" is defined as the flatter of the actual top of bank or a projected top of bank from the toe of slope at two-horizontal to one vertical bank slope;

Deposit in, plant in, or remove any material from a watercourse including its banks, except as required for necessary maintenance;

Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse; or

Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being carried away by storm water passing through such watercourse.

(Ord. 25-11 § 1)

§ 15.70.120 Authority to inspect.

Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement official has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the enforcement officer has the duty and the responsibility to inspect any and all locations for any violation of the provisions of this chapter. The authorized enforcement official may, within the limitations of applicable state and federal laws, enter any such building or any premises (including, but not limited to, facilities, equipment, practices, or operations) at all reasonable times to inspect the same for any or all of the following situations, as determined by the authorized enforcement official:

Routine inspections to ensure implementation of BMPs and other requirements of this chapter;

Active or potential storm water discharges;

Whenever there is reasonable cause to believe that there exists any condition which constitutes a violation of the provisions of this chapter or the Phase II storm water permit;

Actual violations of this chapter or the Phase II storm water permit;

Whenever necessary to enforce any of the provisions of this chapter or the Phase II storm water permit; or

To perform any duty imposed upon the official by this chapter.

Prior to entry for inspections, the authorized enforcement officer shall comply with the following: (1) If the building or premises is occupied, the enforcement official shall first present proper credentials and request entry; (2) if the building or premises is unoccupied, the enforcement officer shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

The authorized enforcement officer has the right to and shall conduct routine sampling and monitoring on, or adjacent to, the premises under review. Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to random sampling and/or sampling in areas with evidence of storm water contamination, illicit discharges, discharge of non-storm water to the storm sewer system, or similar factors. The cost of such routine sampling and/or monitoring activities, including test reports and results, shall be borne by the city. The authorized enforcement officer may, within the limitations of law, enter such premises at reasonable times to conduct sampling and monitoring operations; provided, that the officer presents proper credentials to and obtains consent from the owner or occupant to enter. In the event the owner and/or occupant refuses entry, the officer shall request assistance of the city attorney to obtain an administrative warrant to enter the premises, pursuant to the provisions of state law.

Authority to Sample and Establish Sampling Devices. The city shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on site.

Notification of Spills. All persons in charge of a facility or responsible for emergency response for a facility have a responsibility to train facility personnel and maintain notification procedures to ensure that immediate notification is provided to the city of any suspected, confirmed, or unconfirmed release of material, pollutants or waste creating a risk of discharge into the city storm water system.

As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants or waste that may result in pollutants or non-storm water discharges entering the city storm water system, such person shall take all necessary steps to ensure the discovery and containment and cleanup of such release and shall notify the city of the occurrence by emailing and telephoning development services during normal business hours. Outside of normal business hours, in addition to email a telephone notice shall be made to the Benicia fire department.

The city will identify, document, and respond to pretreatment violations in accordance with its enforcement response plan.

Requirement to Test or Monitor. Any authorized enforcement official may request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non-storm water to the storm water system, undertake such monitoring activities and/or analyses and furnish such reports as the officer may specify. The burden and cost of undertaking such sampling and monitoring activities, including test results and reports, shall be borne by the owner of the premises under review. The type and method of sampling and monitoring shall bear a reasonable relationship to the need for testing and monitoring and to the benefits to be obtained, as determined by the enforcement officer.

Exigent Circumstances. Whenever a condition is found to exist in violation of this chapter that presents an immediate and present danger to the public health, safety and welfare requiring immediate remedial action to prevent injury to persons or property, the authorized enforcement official shall take whatever reasonable and appropriate action is necessary to neutralize the danger, including but not limited to entry upon private premises for inspection, sampling and monitoring, and abatement.

§ 15.70.130 Violations constituting misdemeanors.

The violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter, shall constitute a misdemeanor. However, any such violation constituting a misdemeanor under this chapter may, in the discretion of the city attorney, be charged and prosecuted as an infraction.

(Ord. 25-11 § 1)

§ 15.70.140 Penalty for violation.

Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901.

Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in California Government Code Section 36900. After a third conviction for a violation of the same provision subsequent violations within a 12-month period may be charged as a misdemeanor.

(Ord. 25-11 § 1)

§ 15.70.150 Continuing violation.

Unless otherwise provided, a person, firm, corporation, or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly as herein provided.

(Ord. 25-11 § 1)

§ 15.70.160 Concealment.

Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation of such provision.

(Ord. 25-11 § 1)

§ 15.70.170 Acts potentially resulting in violation of federal Clean Water Act and/or Porter-Cologne Act.

Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater which causes pollution, or who violates any cease-and-desist order, prohibition, or effluent limitation, may also be in violation of the federal Clean Water Act, the Porter-Cologne Act, and/or the Phase II storm water permit, and may be subject to the sanctions of those Acts including civil and criminal penalty. Any enforcement action authorized under this chapter should also include notice to the violator of such potential liability.

(Ord. 25-11 § 1)

§ 15.70.180 Violations deemed a public nuisance.

In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, and is hereby declared and deemed a public nuisance, and may be summarily abated and original conditions restored by any authorized enforcement official, and/or by a civil action to abate, enjoin or otherwise compel the cessation of such nuisance brought by the city attorney.

The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within three months after the completion by the authorized enforcement officer of the removal of the nuisance and the restoration of the property to its original condition, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.

If any violation of this chapter constitutes a seasonal and recurrent nuisance, the city council shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.

(Ord. 25-11 § 1)

§ 15.70.190 California Code of Civil Procedure Section 1094.6.

The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of city decisions pursuant to this chapter.

(Ord. 25-11 § 1)

§ 15.70.200 Civil actions.

In addition to any other enforcement powers and/or remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the city. In any such action, the city may seek, and the court shall grant, as appropriate, any or all of the following remedies:

A temporary and/or permanent injunction;

An action for an unlawful business practice pursuant to Business and Professions Code Section 17206;

Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection;

Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation;

Compensatory damages for loss or destruction to water quality, wildlife, fish, and aquatic life. Assessments under this subsection shall be paid to the city of Benicia to be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control systems and/or implementing or enforcing the provisions of this chapter;

The cost of maintenance and repair of any BMP or storm water management facility that is not maintained in accordance with the guidebook or the storm water control plan.

(Ord. 25-11 § 1)

§ 15.70.210 Administrative enforcement powers.

In addition to the other enforcement powers and remedies established by this chapter, any authorized enforcement officer has the authority to utilize the following administrative remedies:

Cease and Desist Orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such discharge, practice, or operation likely to cause such discharge and direct that those persons not complying: (1) comply with the requirement, (2) comply with a time schedule for compliance, and/or (3) take appropriate remedial or preventive action to prevent the violation from recurring. Upon the violator's failure to comply with such order, the city shall take further enforcement action as specified in this chapter, or in accordance with other appropriate provisions of local, state, or federal law. At the discretion of the authorized enforcement officer, orders to cease and desist may take the following form:

Verbal warnings, as may be issued during inspections;

Warning letters and orders to abate pollution;

Warning letters with requirements to submit written reports; or

Formal violations and legal action as described in this chapter and as authorized by Chapter 17.128 BMC.

Notice to Clean. Whenever an authorized enforcement officer finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants entering the city storm drain system or a non-storm water discharge to the city storm drain system, the authorized enforcement official may give notice to remove such oil, earth, dirt, grass, weeds, dead trees, metal cans, rubbish, refuse, waste or other material, in any manner that the enforcement officer may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.

(Ord. 25-11 § 1)

§ 15.70.220 Remedies not exclusive.

Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

Appeal. Any person, firm, corporation or organization required to perform monitoring, analyses, reporting and/or corrective activities by an authorized enforcement officer who is aggrieved by the decision of the authorized enforcement officer may appeal such decision to the development services director within 10 days following the effective date of the decision by writing the development services director in accordance with Chapter 1.44 BMC. Upon receipt of such request, the development services director shall request a report and recommendation from the authorized enforcement officer and shall set the matter for hearing within 14 days. At said hearing, the development services director may hear additional evidence, and may reject, affirm, or modify the authorized enforcement officer's decision. Said decision shall be final unless appealed further in accordance with Chapter 1.44 BMC.

Disclaimer of Liability. The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific, engineering, and other relevant technical considerations. The standards set forth herein are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This chapter shall not create liability on the part of the city, any officer or employee thereof for any damages that result from reliance on this chapter, or any administrative decision lawfully made thereunder.

(Ord. 25-11 § 1)

§ 15.70.230 Coordination with hazardous materials inventory and response program.

The first revision of the business plan for any facility subject to the city's hazardous materials inventory and response program shall include a program for compliance with this chapter, including the prohibitions on non-storm water discharges and illicit discharges, and the requirement to reduce storm water pollutants to the maximum extent practicable.

(Ord. 25-11 § 1)

§ 15.70.240 Notification of rainy season.

A letter shall be sent to notify the applicant of the upcoming rainy season, and any additional enforcement required during that time period.

Appeals of violations of Chapter 15.70 and 15.73 BMC. Any person, firm, corporation, or organization required to perform monitoring, analyses, reporting/or corrective activities by an authorized enforcement officer who is aggrieved by the decision of the authorized enforcement officer may appeal such decision to the development services director within 10 days following the effective date of the decision by writing the development services director in accordance with Chapter 1.44 BMC. Upon receipt of such request, the development services director shall request a report and recommendation from the authorized enforcement officer and shall set the matter for hearing within 14 days. At said hearing, the development services director may hear additional evidence, and may reject, affirm, or modify the authorized enforcement officer's decision. Said decision shall be final unless appealed further in accordance with Chapter 1.44 BMC.

(Ord. 25-11 § 1)

Chapter 15.73 GRADING AND EROSION CONTROL

§ 15.73.010 Intent and purpose – General provisions.

Intent. The intent of this chapter is to protect life, limb, and property, promote and enhance the public welfare and a superior community environment, and preserve the natural scenic character of the city by establishing applicable standards, requirements, and procedures relating to grading, erosion, and sedimentation control.

Purpose. The purpose of this chapter is to ensure that grading is conducted:

In a manner with least adverse effect upon persons and properties; and

In conformance with applicable standards, requirements, and procedures.

Prohibited Acts. The following are prohibited:

Grading without a permit from the development services director, except as provided for in BMC § 15.73.030(B) (Emergency Grading) and (C) (Exceptions From Grading Permit);

Grading that will:

Cause erosion or sediment onto adjacent property or on public streets; or

Obstruct or otherwise interfere with drainage, or deposit sediment in natural or artificial drainage facilities; or

Alter drainage facilities or courses without first obtaining a grading permit.

Activities not in compliance with best management practices (BMPs).

(Ord. 25-11 § 1)

§ 15.73.020 Scope.

This section sets forth rules and regulations to control excavation, grading, earthwork construction, erosion, and sedimentation, including fills and embankments; establishes requirements for storm water management during construction for the prevention and control of erosion and sedimentation; establishes the administrative procedures and requirements for the preparation, review, and approval of grading plans, issuance of grading permits, and inspection of construction.

(Ord. 25-11 § 1)

§ 15.73.030 Permits required.

Grading Permit Required. Except as provided in subsections (B) of this section (Emergency Grading), and (C) of this section (Exceptions From Grading Permit), no person shall perform or cause any grading without a grading permit.

Emergency Grading. Grading of an emergency nature to safeguard life or property may be undertaken prior to the issuance of a grading permit. The development services director shall be notified within 48 hours of the commencement of emergency work unless such work is exempted in accordance with the provisions of subsection (C) of this section (Exceptions From Grading Permit). The grading permit shall be obtained no later than 14 calendar days after the commencement of the emergency work.

Exceptions From Grading Permit. A grading permit may be waived when in the opinion of the development services director one or more of the following conditions apply:

The excavation or fill at any location:

Is less than five feet deep and adequately supported by a retaining structure designed in accordance with Chapter 15.05 BMC; and

Does not create a slope steeper than two horizontal to one vertical.

The volume of excavation or fill does not exceed 50 cubic yards, provided:

The excavation or fill does not obstruct a drainage course or alter existing drainage patterns, and does not add pollutants to the storm drain system, creeks, or other waterways; and

The excavation or fill is less than five feet at its deepest point, measured vertically upward from natural grade to the surface; and

The fill is not intended to support structures; and

The fill is placed on natural grade that has a slope not steeper than five-horizontal to one vertical; and

The proposed grading or resulting grades will not adversely impact abutting properties

Minor land leveling for agricultural farming and gardening if the ground elevation stays substantially the same and the drainage pattern is not altered.

Cemetery graves.

An excavation below finished grade for basements and footing of a building, retaining wall, swimming pool or other structure authorized by a valid building permit. This shall not 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 structure.

The trench excavations authorized by a valid permit for the purpose of installing underground utilities, if to be backfilled to natural or existing grade.

Grading in refuse disposal areas and sanitary landfills, mining, quarrying, processing, or stockpiling of rock, sand, gravel, aggregate, or clay, for which a development permit has been granted, provided:

Such operations do not affect the lateral support or increase the stresses in, or pressure upon, any adjacent or contiguous property; and

Such operations are consistent with the grading practices set forth herein; and

The work does not block or divert any natural drainageway or increase runoff or sedimentation onto any adjacent or contiguous property.

Grading is conducted by an agency of the federal government, the state government, or the city.

Stockpiles 50 cubic yards or less of topsoil materials are not placed within a public right-of-way, do not obstruct drainageways, are not subject to erosion, do not endanger other properties, do not create a public nuisance or safety hazard, and are removed within a period of 10 days or less. The land shall be restored to its original condition after removal of stockpiles.

10.

Construction of fire trails, access roads to public utilities, and gas and electric transmission lines provided the drainage pattern remains the same.

11.

Clearing of vegetation when all the following conditions are met:

The slope of the ground is less than 15 percent; and

The area to be cleared is one acre or less; and

Clearing is more than 100 feet away from the top bank of a watercourse or other water body; and

Clearing will not result in erosion.

12.

Construction of water wells.

13.

Construction of test trenches, pits, and bores within private property under the supervision of a professional such as civil engineer or engineering geologist, provided the drainage pattern remains the same.

14.

Placement of fill above existing grade, which will be retained by the exterior wall of a building, a retaining wall, swimming pool, or other structure authorized by a valid building permit, when the existing and finished ground slope is less than 15 percent.

15.

Grading within a street to conform to elevations approved by the development services director and for which a permit has been issued under the provisions of Chapter 12.12 BMC (Encroachments).

16.

Refuse disposal sites controlled by other regulations.

17.

Excavation for utilities when performed by a public utility.

18.

Exploratory excavations of 50 cubic yards or less under the direction of soil engineers or engineering geologists.

19.

An excavation of 200 cubic yards or less which:

Is less than two feet in depth, at any one given point: or

Does not create a cut slope greater than four feet in height and steeper than two-horizontal to one vertical.

20.

A fill of 200 cubic yards or less which is less than two feet in depth and placed on a slope flatter than five-horizontal to one vertical, not intended to support structures, on a single lot or parcel, and does not obstruct or alter a drainage course.

21.

Work conducted in any city street, public right-of-way, or easement when the work is being done under the authority of a valid encroachment permit issued by the development services director.

Grading permit exceptions outlined above apply to grading for a single activity. Subsequent grading activity that occurs within 10 years after initial grading activity resulting in cumulative work exceeding the limitations outlined above shall require a grading permit.

Grading shall also comply with the requirements of Chapter 15.70 BMC, Storm Water Management and Discharge Control. Grading that disturbs one acre or more, regardless of quantity, shall be subject to the state of California general construction permit requirements.

(Ord. 25-11 § 1)

§ 15.73.040 Hazards.

Whenever the development services director determines that any existing excavation, embankment or fill on private property has become a hazard to life or limb, endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the development services director shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this chapter.

(Ord. 25-11 § 1)

§ 15.73.050 Definitions.

For purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain words, terms, and phrases used herein are defined below.

"Applicant"

is the property owner, or their authorized agent making application to the city for a grading permit.

"As graded"

is the actual surface conditions present on completion of grading.

"Bench"

is a relatively level surface interrupting the slope of an excavation or embankment.

"Best management practices"

(or "BMPs") are schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to watercourses, water bodies, wetlands and waters of the city or state. BMPs also include treatment requirements, operating procedures, design specifications and practices to control site runoff, spillage or leaks, waste disposal, and drainage from raw material storage. BMPs are for construction and post-construction storm water controls.

"California Building Code (CBC)"

refers to the latest edition as adopted by reference by the city of Benicia.

"Certification"

shall mean a written engineering or geological opinion concerning the progress and completion of the work.

"City"

shall mean the city of Benicia.

"Civil engineer"

is a professional engineer registered in and licensed by the state of California to practice in the field of civil engineering.

"Civil engineering"

shall mean the application of the knowledge of forces of nature, principles of mechanics and the properties of materials to the evaluation, design, and construction of civil works for the beneficial uses of mankind.

"Clearing"

is site preparation consisting of, but not limited to, the removal of vegetation.

"Compaction"

is the densification of a fill by mechanical means.

"Contour rounding"

means the rounding of cut and fill slopes in the horizontal plane to blend with existing contours or to provide horizontal variation to eliminate the artificial appearance of slopes.

"Critically expansive soil"

Is soil conditions which have the potential to cause damage to improvements, including streets, structures, and buildings.

"Cut"

is the mechanical removal of earth material.

"Cut slope"

is a finished or interim surface along an inclined plane resulting from grading.

"Development services director"

shall mean the development services director of the city of Benicia or their authorized representative.

"Diversion"

is a facility such as a ditch or berm constructed to intercept and divert surface runoff.

"Earth material"

is any rock, natural soil and/or any combination thereof.

"Elevation"

is the vertical distance above an established datum.

"Engineering geologist"

shall mean a professional engineering geologist registered in and by the state of California to practice in the field of engineering geology.

"Engineering geology"

shall mean the application of geologic data, knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

"Erosion"

is the wearing away, detachment and movement of the ground surface as a result of gravity or the movement of wind, water and/or ice.

"Erosion and sediment control manual"

means the latest edition entitled "Manual of Standards for Erosion and Sediment Control Measures," published by Association of Bay Area Governments (ABAG).

"Excavation"

(cut) is any act by which earth material is removed.

"Fill"

is a deposit of earth material placed by artificial means.

"Final erosion and sediment control plan"

is a plan that depicts the permanent erosion control measures approved by the development services director.

"Geologic report"

is a report prepared by an engineering geologist or a civil engineer dealing with geological features and characteristics such as fault line, fault creep, landslide, and seismic hazards.

"Geotechnical engineer/soil engineer"

is a civil engineer who is experienced in the field of engineering as described in the definition of "geotechnical/soil engineering" in this section.

"Geotechnical/soil engineering"

is the application of the principles of soil mechanics in the investigation, evaluation, and design of civil engineering works involving the use of earth materials and the inspection and testing of the construction thereof.

"Geotechnical/soil report"

is a report prepared by a geotechnical engineer dealing with items such as field test results, observations regarding the nature, distribution, and strength of existing soils and recommendations and conclusions for grading procedures and designs.

"Grade"

shall mean the vertical location of the ground surface.

"Existing grade"

is the grade prior to grading.

"Rough grade"

is the stage at which the grade approximately conforms to the approved plan.

"Finish grade"

is the final grade of the site which conforms to the approved plan.

"Grading"

is any excavation (cut), filling, stripping, stockpiling, clearing, and grubbing, or any combination thereof, which alters land or vegetation.

"Interim erosion and sediment control plan"

is a plan that depicts a set of erosion and sediment control measures for an uncompleted project.

"Notice of intent (NOI)"

is a form required by the State Water Resources Control Board which consists of a notice of intent to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity (WQ Order No. 2003-2007-DWQ).

"Permittee"

means the applicant to whom the permit is issued.

"Pollutants"

means any material other than storm water, including but not limited to rock, sand, building materials, waste, and litter discharged into the city's storm water system.

"Rainy season"

means the time-period between October 15th and April 15th inclusive.

"Runoff"

means the surface flow of water.

"Sediment"

means earth material deposited by action of water, wind, or gravity.

"Sediment basin"

means a reservoir which retards flow to cause or allow deposition of transported sediment.

"Sedimentation"

means the process by which soil, mineral, or organic matter is removed, transported, and deposited by action of water, wind, or gravity.

"Sensitive area"

is the area less than 200 feet away from a water quality resource including a wetland, stream, pond, lake, river, or bay wherein placement of impervious surfaces shall be avoided.

"Site"

is any lot or parcel of land or contiguous combination thereof, where grading is performed or permitted.

"Slope"

means the inclination of a ground surface expressed as the:

Ratio of horizontal distance to vertical distance; or

Ratio of vertical distance to horizontal distance expressed in percent.

"Soil"

means the naturally occurring surficial deposits of any origin overlying bedrock.

"Soil (geotechnical) engineer"

shall mean a professional soil or geotechnical engineer registered in and by the state of California to practice in the field of soil engineering.

"Soil (geotechnical) engineering"

shall mean 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.

"Stockpile"

means earth, rock, gravel, sand, or other similar material temporarily stored prior to final disposition.

"Storm water"

means storm water runoff and surface runoff and drainage. It excludes infiltration and runoff from agricultural land.

"Storm water control plan"

(or "SCP") is a plan to identify sources of sediment and other pollutants that affect the quality of storm water discharges and describes and ensures the implementation of practices to reduce sediment and other pollutants in storm water discharges. The SCP must include BMPs which address prevention and control of erosion and sediment.

"Storm water pollution prevention plan" or "SWPPP"

is a plan to identify sources of sediment and other pollutants that affect the quality of storm water discharges and describes and ensures the implementation of practices to reduce sediment and other pollutants in storm water discharges. A SWPPP is required for sites greater than one acre or from a site that results in a land disturbance of less than one acre but is part of a larger common plan and is part of the State Water Resources Control Board's General Construction Activity Storm Water Permit or the federal National Pollution Discharge Elimination System (NPDES) storm water discharge regulations. The SWPPP must include BMPs which address prevention and control of erosion and sediment.

"Terrace"

is a relatively level step constructed, in the face of a graded slope surface, for drainage and maintenance purposes.

"Vicinity map"

is a visual representation of the project site in relationship to significant geographic features such as watercourses, water bodies, roads, and other significant structures.

"Watercourse"

is a drainage channel or natural creek.

"Zoning permit"

is a permit issued by the planning division pursuant to the requirements of Chapter 17.100 BMC.

(Ord. 25-11 § 1)

§ 15.73.060 Application – Fees.

The applicant shall pay the fees set forth in the Benicia master fee schedule as adopted by city council and all fees incurred by the city from outside contract service companies. All fees incurred including one-on-one consultations from an outside contract service company are considered pass-through fees to the applicant.

Fees are nonrefundable.

Before accepting plans or specifications for review, the development services director shall collect a plan-check fee from the applicant.

Before issuing a grading permit, the development services director shall collect a grading permit fee.

The fee for a grading permit authorizing additional work to be performed under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project.

(Ord. 25-11 § 1)

§ 15.73.070 Application – Contents.

Application for Grading Permit. The application for a grading permit shall include but not be limited to the following:

Completed city grading permit application form; and

Vicinity map, site map and grading plan; and

Interim erosion and sediment control plan; and

Final erosion and sedimentation control plan when required by the development services director; and

Soil report when required by the development services director; and

Geologic report when required by the development services director; and

Proposed work schedule; and

Fee for review of the application in accordance with the current Benicia master fee schedule as adopted by city council; and

A landscape addendum to the erosion and sediment control plan by a licensed landscape architect when required by the development services director; and

10.

Copies of the notice of intent (NOI) and storm water pollution prevention plan (SWPPP) when required by state law; and

11.

Such other items as may be required by the development services director; and

12.

Erosion and sediment control plan (ESCP) checklist.

Grading Plan. The grading plan shall conform to the guideline(s) provided by the city. The grading plan shall be prepared, stamped, and signed by a civil engineer licensed in the state of California, and shall be subject to review and approval by the city.

Issuance or Denial of Grading Permit – Conditions and Limitations. Upon receiving an application for a grading permit along with the required submittals, posting of surety as required, and payment of fees, the city will review the application and related documents. Applications may be approved, conditionally approved, or denied.

Issuance. When the city issues a grading permit, they may attach such conditions as they may deem necessary to ensure compliance with this chapter. The permittee shall perform the work in accordance with the approved plans, the grading permit including any conditions thereon, and in compliance with all the requirements of this chapter. The permittee shall keep informed of all state and federal laws, local ordinances, and regulations which in any manner affect the permit. The permittee shall always comply with and shall cause all their agents, contractors, and employees to comply with all such laws, ordinances, regulations, decisions, and court and similar authoritative orders.

Denial. If the application conflicts with the provisions of this article, the development services director shall deny the permit in writing, giving the reasons for the denial. A grading permit may be denied if the applicant fails to furnish information or secure other permits that may be required by the city of Benicia or agencies of the federal or state government or other agencies.

Limitations – Expiration. The issuance of a permit under this article shall constitute an authorization to do only that work described or illustrated on the application or on the site plans approved by the development services director and shall not exempt the permittee from any applicable provisions of the zoning and subdivision regulations and other state and local laws.

Term. The permittee shall diligently perform and complete the work by the completion date. Unless an extension is granted, the permit shall expire on the date following the specified completion date.

Extension of Time. The permittee may request an extension of time prior to the expiration of the permit. The request shall be in writing and shall set forth the reasons for the request. The request shall be accompanied by a new filing fee and a written consent by the surety company. If in the opinion of the development services director such an extension is warranted, the development services director may grant an extension, adding such conditions to ensure compliance with this subsection (C)(3)(b).

Permit Conditions. The city may impose any condition to ensure compliance with the provisions of this chapter and other applicable laws and regulations. Such conditions may include, but not be limited to:

Requirements for fencing around excavations or fills which otherwise would be hazardous and drip lines of trees to be preserved; and/or

Completion of the work within a specified period; and/or

Compliance with best management practices (BMPs); and/or

Provisions for dust control; and/or

Construction of stabilized ingress and egress; and/or

Hours of operations; and/or

Designation of route and time of travel over streets. A surety bond, or other acceptable security, may be required, if deemed necessary by the development services director, to secure the repair of improvements that may be damaged by the permittee; and/or

The installation of barricades and barricade lighting; and/or

Designation of the disposal site for any material removed from the grading site.

Copy of Plans and Permit to Be Kept at Job Site. When an application is approved and a permit issued, the approved plans and permit shall be kept available for reference at the job site.

Changes in Permit or Work. No work shall deviate from the approved plans without prior written approval by the development services director. The development services director may require the submittal of a revised plan prior to approving any proposed change. Additional fees shall be charged for reviewing plan revisions. Failure to obtain prior approval for any change in the work may be grounds for suspension of work.

Assignment of Transfer of Permit. A permit shall be issued only to the applicant and may not be assigned to another person or entity. If a permittee assigns or transfers its permit to another person or entity, the permit shall become void. If an applicant applies for a permit for grading work for which a prior permit was issued, the applicant shall pay a filing fee as set forth in the Benicia master fee schedule as adopted by city council. No other fee will be charged in addition to the fees for the prior permit unless additional plan review is required due to plan changes.

Suspension or Revocation of Grading Permit.

Suspension of Permit and Work. If the permittee fails to comply with the permit conditions or the provisions of this chapter, the development services director may suspend the permit. If the development services director determines that work will potentially cause injuries to persons or damage to properties or improvements, the development services director shall suspend the work. Upon notice of such suspension, the permittee shall immediately cease all work except for work required by the development services director to eliminate hazardous conditions or nuisances. The development services director may reinstate or revoke suspended permits.

Revocation of Permit. The development services director may in writing revoke a permit issued under the provisions of this article whenever the permit is issued in error or based on incorrect information or in violation of any ordinance or regulation. The permit may also be revoked due to noncompliance with the permit conditions, the provisions of this chapter, or other applicable laws and regulations, or whenever the permittee has defaulted in performing any work under the terms of the posted bond. Once the permit is revoked, work shall not commence until a new application is filed and a new permit issued.

Procedure. Upon determination that grounds for revocation of a grading permit exist, the development services director may conduct a hearing. If a hearing is conducted, a written notice shall be sent separately to the permittee and to the surety, stating the time and place for the hearing and the grounds for revocation. The notice shall be given at least five days before the hearing, and it shall be served personally or by deposit in the United States mail with postage fully prepaid, addressed to the permittee and surety at the mailing address shown in the application and in the surety instrument. Within 30 days of the conclusion of the hearing, the development services director shall make their findings and decision and file same in their office and shall serve a copy thereof separately upon the permittee and its surety in the manner provided above for service of notice of hearing.

Geologic Report. The development services director may require a geologic report prior to approval of a grading permit. A geologic report when required by the city shall be based on adequate and necessary test borings and shall contain and not be limited to the following information:

An adequate description of the geology of the site, including delineating any hazard of surface fault trace or rupture; and

Conclusions and recommendations regarding the effect of geologic conditions on the proposed development; and

Recommendations and conclusions regarding the adequacy of site(s) to be developed by the proposed grading; and

Any other information required by the city.

10.

Authority to Require Geotechnical/Soil Report. The development services director may require a geotechnical/soil report identifying the presence of critically expansive soil.

11.

Contents of Geotechnical/Soil Report. A geotechnical/soil report, prepared by a California State licensed civil engineer or engineering geologist, based upon adequate test pits or trenches, shall contain but not be limited to the following:

Description of any critically expansive soil or any other soil problem(s) present at the site; and

An investigation of each site, including recommended corrective actions which will prevent structural damage to buildings, structures, and improvements to be constructed; and

A geologic map and description of geologic formations and structures significant to the safety and performance of improvements; and

Faults, existing active or inactive landslides, and areas subject to earthquake ground failure such as liquefaction; and

"R" values necessary to determine the suitability of the earth material for any improvements; and

Recommendations for construction procedures to obtain required stability; and

Any other unstable soil conditions to ensure proper development of the site; and

Recommendations for corrective actions at locations where land stability problems exist; and

The signature and registration number of the civil engineer or engineering geologist preparing the report.

12.

Review of Reports. All reports shall be subject to review by the city. Supplemental reports and data may be required as deemed necessary. Recommendations included in the reports and approved by the city shall be incorporated in the grading plan.

(Ord. 25-11 § 1)

§ 15.73.080 Issuance of permit.

No permit shall be issued until all of the required data has been submitted for the application, the city has approved the plans, and all required fees have been paid.

No permit shall be issued prior to the approval of any land use entitlement requirements, such as, but not limited to, zoning permits, tentative map and/or building or site plan review. An environmental assessment shall be performed in accordance with the requirements of the California Environmental Quality Act. Conditions may be imposed by the city to minimize or mitigate any environmental impacts of the proposed work.

In the case of subdivisions, the approval to proceed by the development services director, after receiving all required bonds, permit fees, agreements and deeds (if applicable), and after approval of the tentative map by the planning commission or city council, shall constitute the requirements to allow issuance of a grading permit.

(Ord. 25-11 § 1)

§ 15.73.090 Bonds – Posting required.

A permit shall not be issued unless the permittee shall first post with the city of Benicia a surety bond executed by the applicant and a corporate surety authorized to do business in the state as a surety.

The amount of the surety bond shall be based upon the estimated cost to the city to complete the grading or perform work to eliminate drainage obstruction, hazard, or nuisance and shall include the cost of interim and permanent erosion control measures if deemed necessary by the city. If the grading permit requires an erosion and sediment control plan, the surety shall include a cash deposit in an amount equal to the estimated cost of the proposed erosion and sediment control measures but not to exceed $10,000. The estimated cost of the proposed erosion and sediment control measures shall be subject to review and approval by the development services director. The engineer of record for a grading permit shall provide an estimated cost for corrective grading work and erosion and sediment control measures at time of application. These estimated costs shall reflect the total value of work, including materials and labor for which the grading permit is being issued. If, in the opinion of the development services director these costs are underestimated on the application, the grading permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the development services director. The development services director shall have the authority to adjust the final valuation for permit fees.

In lieu of a surety bond, the applicant may file:

A corporate surety bond executed by a surety company authorized to transact business in the state; or

A cash deposit or its equivalent; or

An instrument of credit filed with the city, from a financial institution subject to regulation by the state or the federal government, pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment upon demand and agreeing that the funds designated by the instrument shall be trust funds for the purposes set forth in the instrument. The form of surety bond will be subject to the approval of the development services director and city attorney.

Among other appropriate provisions, every surety bond shall include the following conditions to which the principal and surety shall each be bound:

Comply with the applicable provisions of this article and all other applicable laws, ordinances, rules, and regulations; and

Comply with all of the terms and conditions of the permit to the satisfaction of the city; and

Complete the work proposed under the permit within the time specified in the permit. The city may for sufficient cause, extend the time specified in the permit. Such extension shall not release the surety; and

Pay all reasonable costs incurred or expended by the city, including but not limited to court costs and attorney's fees, in doing or causing to be done any of the work set forth in the permit, any other work which in the judgment of the development services director is required to be done as a result of any work or activity done under the permit, or any abatement of any nuisance created by any work or activity done under the permit, or in collecting money or damages in connection with any of the foregoing.

City of Benicia shall be named as obligee on bonds.

(Ord. 25-11 § 1)

§ 15.73.100 Bonds – Term.

The term of the surety bond shall begin on the date of its posting and shall end upon satisfactory completion of the terms and conditions of the permit. Completion shall be evidenced by a certificate of completion to be issued by the city and filed with the records of the permit.

(Ord. 25-11 § 1)

§ 15.73.110 Bonds – Failure to complete work.

In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the city may order the work required by the permit to be completed to their satisfaction. The surety executing such bond or deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the governing agency in causing any and all such required work to be done. If the work is not completed within the time period specified in BMC § 15.73.120, the permittee shall be deemed to have abandoned the project, and the development services director may, in their discretion, order the land to be returned as much as possible to its natural condition, and the surety shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the governing agency in causing such restoration work to be done. In the case of cash deposit, said deposit, or any unused portion thereof, shall be refunded to the permittee in whatever amount is not necessary to complete the work described.

Notice of Default. Whenever the permittee defaults in performing any term or condition of the permit, the development services director shall give written notice thereof separately to the permittee and surety. The notice shall state the work to be done to cure the default, its estimated cost, and the starting and completion dates of the work. The notice shall be served personally or by deposit in the United States mail in a sealed envelope, with postage fully prepaid, addressed to the permittee and surety at the mailing address, or, if there is no mailing address, the business address, shown in the application or in the surety.

Duty of Surety. Upon service of the notice of default, the surety shall perform or cause the completion of the work within the time prescribed in the notice.

Disposition of Cash Surety. If the permittee fails to perform the work within the time prescribed in the notice, the city of Benicia may use the cash deposit, its equivalent, or instrument of credit to complete the work.

Right of Entry. In the event of a default in the performance of any term or condition of the permit, the surety or the development services director or their representative shall first make a reasonable effort to locate the owner, the owners authorized agent, or other person having charge or control of the parcel and request entry. If refused, the development services director shall have recourse to every remedy provided by law to secure entry. It shall be unlawful for any person in any way to hinder, obstruct, or prevent such entry.

Interference Prohibited. No person shall interfere with, obstruct, hinder, or prevent the ingress or egress to or from any such premises by which an authorized representative or agent of any surety or of the city is engaged in completing the work required under the permit, checking on compliance of the work with the terms or conditions of the permit and the provisions of this chapter, or taking emergency actions for the protection of the public and abutting properties.

(Ord. 25-11 § 1)

§ 15.73.120 Permit – Duration/expiration.

If the work authorized by any permit under this chapter is not commenced within 180 days of the date of issuance, or as otherwise indicated on the face of the permit shall expire and become null and void. Extensions of time shall be at the discretion of the development services director.

(Ord. 25-11 § 1)

§ 15.73.130 Excavating, grading, and filling – Regulations.

The following regulations shall apply to all excavating, grading, and filling:

One copy of the approved plan, and specifications, the storm water control plan, if required, storm water pollution prevention plan, and the grading permit shall be always kept on the site during the progress of grading work.

All grading and noise therefrom, including, but not limited to, warming of motors, shall be limited to the hours between 8:00 a.m. and 5:00 p.m., Monday through Friday, unless other times are specifically authorized in writing by the city.

All graded surfaces and materials, whether filled, excavated, transported, or stockpiled, shall be wetted, protected, covered, or contained in such a manner as to prevent any nuisance from dust, sediment, site runoff, or spillage upon adjoining property or streets. Best management practices incorporating erosion controls and other controls (e.g., dust palliative) shall be applied to the site when directed by the development services director. Equipment and materials on the site and on hauling routes should be used in such a manner as to avoid excessive dust, site runoff, or spillage upon streets or storm drain inlets. This may include limiting work during windy periods.

No grading shall be conducted to encroach upon or alter the established gradient and riparian habitat of natural drainage courses except when a valid permit and other necessary approvals are obtained from the appropriate state and federal authorities (i.e., Department of Fish and Wildlife, etc.) and the necessary environmental review and approvals are received from the development services director, planning commission, or city council as the case may be.

One hundred percent of trees, stumps, rocks, and associated vegetation and soils resulting primarily from land clearing shall be reused or recycled. For a phased project, such materials may be stockpiled on site until the storage site is developed.

Exception: Reuse, either on or off site, of vegetation or soil contaminated by disease or pest infestation. 2022 California Green Building Code Section 5.408.3, Excavated Soil and Land Clearing Debris.

Whenever any portion of the work requires entry onto adjacent property for any reason, the permit applicant shall obtain a right of entry from the adjacent property owner or their authorized representative in a form acceptable to the city. A copy of such fully executed right of entry shall be filed with the city prior to the issuance of the grading permit and/or approval of the grading plans.

Sediment controls and other best management practices shall be constructed on all developments, as determined by the development services director, to manage runoff into biologically sensitive areas or onto adjacent property and to control sediment during construction until permanent erosion controls have been established. The sediment and silt collected on site shall then be removed and the resulting material hauled from the site or used as topsoil. Additional erosion control measures shall be employed during the rainy season as required by the development services director pursuant to BMC § 15.73.140 and Chapter 15.70 BMC, Storm Water Management and Discharge Control. Permanent siltation basins may be required in biologically sensitive areas.

Grading shall be designed so that lot lines are at the top of slope and with adequate property line setback from the slope to provide for required vertical slope rounding. The tops and toes of cut and fill slopes shall be set back from property lines of pedestrians and vehicular traffic, required slope rounding, adequate foundation support, required swales, berms and drainage facilities, and applicable zoning requirements. Except for pier-type foundations or other special foundation design, setbacks from property lines shall be not less than as required by the current California Building Code.

The permit applicant and grading contractor shall be responsible for the protection of adjacent properties during grading operations. Prior to commencing any grading of the site, the exterior boundaries shall be marked as required by the development services director. Boundary markers shall be maintained throughout the grading operation. Temporary barriers and/or protective fencing shall be used when necessary to protect adjacent properties.

Proper soil stabilization is required for all graded areas. Slopes, both cut and fill, shall be provided with subsurface drainage as necessary for stability.

Unless otherwise recommended in the approved soils report, fills shall conform to the following provisions:

The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil, and other unsuitable materials, then scarifying surface to provide a bond with new fill.

Fill on slopes steeper than 5:1 and higher than five feet shall require benching into sound bedrock or other competent material as determined by the soil engineer. Bench shall be a minimum width of 10 feet. The area beyond the top of fill shall be sloped for sheet overflow or an approved drainage facility provided.

When fill is placed over a cut, the bench under the top of fill shall be at least 10 feet wide but the cut shall be made before placing the fill and acceptance by the soil engineer or engineering geologist or both as a suitable foundation for fill.

Detrimental amounts of organic material shall not be permitted in fills. No rocks or similar irreducible material with a minimum dimension greater than 12 inches shall be buried or placed in fills. The development services director may permit placement of larger rock only upon receipt and approval of a method of placement prepared by a soil engineer and under their direction. The following conditions shall also apply:

Rock disposal areas shall be delineated on grading plan.

Rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below finished grade, measured vertically.

Rocks shall be placed to assure filling of all voids with fines.

All fills shall be compacted to a minimum 90 percent of maximum density as determined in accordance with the requirements of the development services director. In-place density shall be determined in accordance with the requirements of the development services director.

Slopes, both cut and fill, shall not be steeper than two horizontal to one vertical (2:1), unless special circumstances applicable to the property, including size, shape, topography, location or surroundings would cause the strict application of the standard to deprive such property of reasonable use. If the above conditions are met, a thorough geological and engineering analysis shall verify that steeper slopes are safe and appropriate erosion control measures are specified.

Cut and fill slopes shall be contour-rounded unless the development services director finds special circumstances applicable to the property that would require deviation from the requirement.

Variable slopes shall be used to mitigate environmental and visual impacts of grading unless the development services director finds special circumstances applicable to the property that would require deviation from this requirement.

Terraces at least six feet in width shall be established at not more than 30-foot vertical intervals, subject to maximum height limitations, to control surface drainage and debris on cut or fill slopes. Suitable access shall be provided to permit proper cleaning and maintenance. Swales and ditches or terraces exceeding 200 feet in length shall have a minimum gradient of one percent and must be paved with concrete not less than three inches in thickness. They shall have a minimum depth of one foot at the center and a minimum paved width of 32 inches. A single run of swale or ditch shall not collect runoff from a tributary area exceeding 15,000 square feet (projected) without discharging into a down drain. These requirements regarding ditches and swales may be modified if recommended by a licensed soil engineer and approved by the development services director.

All drainage facilities shall be designed to carry waters to the nearest practical drainage way approved by the city and/or other appropriate jurisdiction as a safe place to deposit such waters. Such facilities shall comply with the requirements of Chapter 15.70 BMC, Storm Water Management and Discharge Control. If drainage facilities discharge on natural ground, riprap and/or energy dissipators shall be constructed. All building sites shall be graded and sloped away from the building foundation with a minimum slope of two percent for 10 feet on all sides of every building except where yard requirements are less than 20 feet, in which case the soil shall be graded away from the foundation to a minimum of two-tenths of a foot in elevation at a distance not less than one-half the required yard width. The guidance documents referred to in Chapter 15.70 BMC, and city engineering standards as adopted by city council, shall be referred to in the planning of site grading so that surfaces drain first to planned landscaped areas before discharging to the public storm system.

Properly designed trash racks shall be installed on the upstream end of storm drainpipes 18 inches or larger where the pipe accepts drainage from a waterway, which is not to be undergrounded. These racks are to be constructed to preclude large debris, small children, and pets from entering the pipe. The city may require the installation of trash racks at other locations as deemed necessary for proper maintenance and safety.

Upon completion of grading, provisions shall be made for the permanent maintenance of planted slopes or permanent erosion control measures. Finished improvements contained within private property shall be the responsibility of that owner for permanent maintenance. Where finished improvements are within a common area, there shall be a provision in the covenants, conditions, and restrictions of that development for permanent maintenance. Where finished improvements are to be included in the public right-of-way, then permanent maintenance shall be subject to a condition of approval of the entitlement allowing the improvement(s) within the city's rights-of-way.

No fill material shall be placed, spread, or rolled during unfavorable weather conditions as determined by the soil engineer or development services director. When the work is interrupted by heavy rains, fill operations shall not be resumed until field tests by the soil engineer indicate that the moisture content and density of the fill are satisfactory for resumption of the filling operation.

Modification of the specific grading regulations contained in this chapter may be approved or required by the city upon a finding that such modification:

Is necessary to preserve existing natural features, such as trees, streams, rolling hill forms, knolls, ridges, significant vegetation, or rock outcroppings; or

Will reduce the adverse visual impacts of cut and fill operations.

For subdivisions of five or more units, this finding must be made by the planning commission or city council at the time of the approval of the tentative map, site plan, etc. For all other grading where a grading permit is required, the finding must be made by the development services director in consultation with the permittee.

(Ord. 25-11 § 1)

§ 15.73.140 Erosion control.

All active and passive construction sites projects shall have a best management practices plan and storm water control measures in compliance with BMC § 15.70.090. The Benicia Municipal Code requires a storm water pollution prevention plan (SWPPP) that meets either the requirements of the city of Benicia or the state general construction permit. A storm water control plan shall also be submitted in compliance with BMC § 15.70.090(E) that incorporates best management practices of site design, source controls and treatment control.

The city may approve grading operations through the rainy season if all of the following conditions are met:

Applicant has a storm water control plan approved by the city.

A letter from the project geotechnical engineer or certified engineering geologist stating that such grading is acceptable and will not create a hazard to life, limb, property and public welfare.

Wet weather BMPs for grading operations are in conformance with approved plans and the SWPPP, have been placed and approved by the city and are kept continuously maintained and in place.

Adequate security has been provided to the city.

The only BMPs that may be altered are those in direct conflict with the daily construction activity, as long as such BMPs are replaced at the end of the day's construction activities, the start of a storm event or whichever occurs first.

The applicant shall comply with all BMPs and any rules, regulations, standards, ordinances, laws, permits and policies established or issued by the Federal Environmental Protection Agency, California Water Quality Control Board, and other regional, state, and federal agencies as applicable.

The following documents shall be used as guides for the design and suitability of storm water control measures:

The city of Benicia general plan.

Association of Bay Area Governments Manual of Standards of Erosion and Sediment Control Measures.

California Stormwater Quality Association Best Management Practices Handbook.

The Erosion and Sediment Control Field Manual prepared by the Regional Water Quality Control Board, San Francisco Bay Region.

Bay Area Storm Water Management Agencies Association "Start at the Source."

Slopes. The faces of cut and fill slopes over four feet in vertical height shall be prepared, stabilized, and maintained to control against erosion. This control may consist of hydroseeding, jute matting, cribbing, walls, terracing, drainage facilities, approved planting, or a combination thereof. If planting is required by the city or as a condition of approval of the tentative map, the planting plan shall be approved by the city's development services director. The protection for the slopes shall be installed as soon as practicable and prior to October 15th. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be minimized with prior approval from the development services director.

Other unprotected graded surfaces exceeding 5,000 square feet in area shall be planted, paved, or built upon, or shall be provided with berms, approved drainage facilities or approved erosion control facilities adequate to prevent erosion and to conduct the accumulation of runoff of surface waters to an approved place of discharge.

The design, installation and maintenance of all erosion control facilities or methods shall follow the standards and guidelines contained in the latest edition of the California Best Management Practices Handbook for Construction Activity, unless otherwise approved by the development services director. Erosion control devices (including straw bales, silt fences, etc.) shall be on the site on or before October 1st. The erosion control facilities shall be installed and in operation in accordance with the approved erosion control plan, storm water management plan or storm water pollution prevention plan on or before October 15th. The following basic design principles and standards shall serve as minimum guidelines to control erosion and reduce sedimentation:

Stripping or burning of vegetation, grading, or other soil disturbance shall be done in a manner which will minimize soil erosion.

Existing natural vegetation shall be retained, protected, and supplemented where necessary. Site development shall be accomplished so that existing trees can be preserved whenever possible and practical.

Exposure of soil to erosion by removal of vegetation shall be limited to the smallest area practicable and for the shortest time practicable. Soil exposure shall not exceed an area in which development can be completed during a single construction season to ensure that soils are stabilized, and vegetation is established well in advance of the rainy season.

Facilities shall be constructed to retain sediment produced on site.

Sediment basins, sediment traps, diversions or similar required measures shall be installed well in advance of any clearing or grading and maintained through any such operations until removal is authorized by the development services director. Design and size of basins shall be shown on plans and of a capacity to service the watershed affected.

Temporary seeding, mulching, or other suitable stabilization measures shall be used to protect exposed erodible areas during development at a minimum of two weeks in advance of the rainy season.

Permanent control structures and final vegetation should be installed as soon as practicable in the development, and a long-range maintenance plan developed and adhered to.

Standby crews and straw bales or sandbags stacked at the job site shall be available to the permittee or contractor for emergency work during rainstorms.

Velocity check dams in all unpaved street areas and all unpaved graded channels shall be provided at the necessary intervals to control and minimize erosion.

10.

All erosion control devices shall be in place at the end of each working day during the rainy season and when directed by the development services director or their authorized representative during the dry season when there is a probability of rain forecasted.

11.

All erosion control devices including basins and check dams shall be properly maintained within 24 hours after each storm in order to be prepared to accommodate runoff from the next storm event. This may require basins and check dams to be pumped dry and all debris and silt removed as directed by the soil engineer or development services director.

12.

It is the intent of this chapter to prohibit the abandonment of graded areas or slopes which are not provided with erosion protection and adequate drainage facilities even if all other requirements in this section and this chapter have been provided and approved.

(Ord. 25-11 § 1)

§ 15.73.150 Grading inspection.

General. All grading operations for which a permit is required, including measures required by Chapter 15.70 BMC, Storm Water Management and Discharge Control, shall be subject to inspection by the development services director. Special inspection of grading operations and special testing shall be performed in accordance with the provisions of subsection (C) of this section.

Grading Designation. All grading in excess of 5,000 cubic yards or with cuts/fills greater than four feet shall be performed in accordance with the approved grading plan prepared by a civil engineer and shall be designated as "engineered grading." Grading involving less than 5,000 cubic yards shall be designated "regular grading." When the development services director has cause to believe that hydraulic, geologic, or other factors may be involved, the grading operation shall be required to conform to "engineered grading" requirements.

Engineered Grading Requirements. For engineered grading it shall be the responsibility of the civil engineer who prepares the approved grading plan to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. They shall also be responsible for the professional inspection and approval of the grading within their area of technical specialty. This responsibility shall include, but need not be limited to, inspection and approval as to the establishment of line, grade, and drainage of the development area. The civil engineer shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor, and the development services director. The civil engineer shall also be responsible for the preparation of revised plans and the submission of as-built grading plans upon completion of the work.

Soil engineering and engineering geology reports shall be required as specified in BMC § 15.73.160. During grading, all necessary reports, compaction data and soil engineering and engineering geology recommendations shall be submitted to the civil engineer and the development services director by the soil engineer and the engineering geologist.

The soil engineer's area of responsibility shall include, but need not be limited to, professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes and the design of buttress fills, and where required, incorporating data supplied by the engineering geologist.

The engineering geologist's area of responsibility shall include, but need not be limited to, professional inspection and approval of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters, and the need for subdrains or other ground water drainage devices. They shall report their findings to the soil engineer and the civil engineer for engineering analysis.

The development services director shall inspect the project at the various stages of the work requiring approvals and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants.

Regular Grading Requirements. The development services director, at their discretion, may require inspection and testing by an approved testing agency at the permittee's expense.

The testing agency's responsibility shall include, but need not be limited to, certification concerning the inspection of cleared areas and benches to receive fill, and the compaction of fills.

Notification of Noncompliance. If, while fulfilling their responsibility under this chapter, the civil engineer, the soil engineer, the engineering geologist, or the testing agency finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and the development services director. Recommendations for corrective measures, if necessary, shall be submitted.

Transfer of Responsibility. If the civil engineer, the soil engineer, the engineering geologist, or the testing agency of record are changed during the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of their technical competence for approval upon completion of the work.

(Ord. 25-11 § 1)

§ 15.73.160 Completion of work.

Final Reports.

Upon completion of the rough grading work and at the final completion of the work, the development services director shall require the following reports and drawings and supplements thereto:

An as-built grading plan, including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities.

The grading contractor shall submit a statement that their work was in conformance to said as-built grading plan.

For "engineering grading" the following shall also be required:

A final soils grading report prepared by the soil engineer including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading, and their effect on the recommendations made in the soil engineering investigation report. The soil engineer shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soil engineering report.

A geologic grading report prepared by the engineering geologist including a final description of the geology of the site, including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. The engineering geologist shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soil engineering report.

The civil engineer shall submit a statement that, to the best of their knowledge, the work within their area of responsibility was done in accordance with the final approved grading plan. An as-graded grading plan prepared by the civil engineer on three-mil-thick mylar shall be provided, incorporating original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, location and elevation of all surface and subsurface drainage facilities and other information as contained in the originally approved grading plan.

Notification of Completion. The permittee or the permittee's agent shall notify the development services director when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices and all erosion control measures, have been completed in accordance with the final approved grading plan and the required reports have been submitted.

(Ord. 25-11 § 1)

§ 15.73.170 Appeal procedures.

Any person under this chapter who may be dissatisfied with the action of the development services director on the application may file an appeal in accordance with Chapter 1.44 BMC.

(Ord. 25-11 § 1)

§ 15.73.180 Violations – Prosecution as infraction.

The violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter, shall constitute a misdemeanor, except that, notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, at the discretion of the authorized enforcement officer, be charged and prosecuted as an infraction.

(Ord. 25-11 § 1)

§ 15.73.190 Violations – Penalties.

Penalties for violation of this chapter shall be as set forth in Chapter 1.08 BMC.

The code enforcement officer in conjunction with the building safety division may issue a stop-work order until violation of any provision of this chapter is corrected. If, in the opinion of the development services director, a grading operation creates a dangerous or hazardous condition, the development services director shall require the applicant to immediately abate such condition. If the applicant fails to abate the condition, the applicant's grading bond shall be called by the city and the cost of corrective work charged to the bond.

(Ord. 25-11 § 1)