HomeMy WebLinkAbout2008/02/19 Item 4
CITY COUNCIL
AGENDA STATEMENT
.:$"'..'f:. Cln' OF
<<....4:- (HUlA VISTA
February 19, 2008 Item~
ITEM TITLE: A. ORDINANCE AMENDING SECTION 14.20.110 OF
THE CHULA VISTA MUNICIPAL CODE AND ADDING SECTION
14.20.125 RELATING TO "STORM WATER MANAGEMENT AND
DISCHARGE CONTROL" (FffiST READING)
B. ORDINANCE ADDING SECTION 15.04.018 TO THE
CHULA VISTA MUNICIPAL CODE RELATING TO
"EXCAVATION, GRADING, CLEARING, GRUBBING AND FILLS"
(FffiST READING)
C. RESOLUTION APPROVING THE "CITY OF CHULA
VISTA JURISDITIONAL URBAN RUNOFF MANGEMENT
PROGRAM (JURMP), DECEMBER 2007"
D. RESOLUTION APPROVING THE "CITY OF CHULA
VISTA DEVELOPMENT STORM WATER MANUAL, JANUARY
2008" AND AUTHORIZING THE CITY ENGINEER TO EXECUTE
"STORM WATER MANAGEMENT FACILITIES MAINTENANCE
AGREEMENTS" ON BEHALF OF THE JlfY ~
SUBMITTED BY: DIRECTOR OF PUBLIC WORKS I ~
REVIEWED BY: CITY MANAGER
ASSISTANT CITY s.~
4/5THS YOTE: YES
NO
x
BACKGROUND
On January 24, 2007, the San Diego Regional Water Quality Control Board (Regional
Board) adopted a new National Pollutant Discharge Elimination System (NPDES)
Municipal Permit, Order No. R9-2007-000l (New Pennit). The New Permit requires the
eighteen cities of San Diego County, the San Diego Unified Port District, the San Diego
County Regional Airport Authority, and the County of San Diego (Copermittees) to review
and upgrade their storm water, grading and other relevant ordinances and standards, as
necessary, to comply with the more stringent requirements of the New Pennit. Each
Copennittee is also required to update their Jurisdictional Urban Runoff Management
Program (JURMP) and other relevant program documents and standards by March 24,
2008 in order to be in compliance with the New Permit.
4-1
Date: February 19,2008, ItemA-
Page 2 of7
Proposed amendments to Chula Vista Municipal Code (CVMC) Chapters 14.20 and 15.04
would incorporate, by reference, the City's "Development Storm Water Manual, January
2008" and establish new requirements and guidelines for storm water management on
development and redevelopment projects, during both the construction and post-
construction phases of projects. The "JURMP, December 2007" prepared by D-Max
Engineering (City's consultant), outlines the City's program to comply with New Permit
requirements for the duration of the New Permit.
The proposed actions would place the CVMC amendments on fIrst reading and approve
the "Development Storm Water Manual, January 2008" and the "JURMP, December
2001".
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance
with the California Environmental Quality Act (CEQA) and has determined that the
project qualifIes for a Class 7 categorical exemption pursuant to Section 15307 (Actions by
Regulatory Agencies for Protection of Natural Resources) of the State CEQA Guidelines.
Thus, no further environmental review is necessary.
RECOMMENDATION: That City Council:
A. Place on fIrst reading an ordinance amending Section 14.20.110 of the CVMC and
adding Section 14.20.125 to the CVMC relating to "Storm Water Management and
Discharge Control;"
B. Place on fIrst reading an ordinance adding Section 15.04.018 to the CVMC relating
to "Excavation, Grading, Cleaning, Grubbing, and Fills;"
C. Adopt the resolution approving the "City of Chula Vista Jurisdictional Urban
Runoff Management Program, December 2007;" and,
D. Adopt the resolution approving the "City of Chula Vista Development Storm Water
Manual, January 2008" and authorizing the City Engineer to execute "Storm Water
Management Facilities Maintenance Agreements" on behalf of the City.
BOARDS/COMMISSION RECOMMEDATION
NOT APPLICABLE.
DISCUSSION
A. Amending CYMC Chapter 14.20
Pursuant to the Regional Board's adoption of the New Permit, City staff reviewed Chapter
14.20 of the CVMC to determine if the City's legal authority to control pollutant
discharges from various land uses within the City are adequately defmed and meet all the
requirements of said permit. Such legal authority empowers the Enforcement Official
(Director of Public Works or designee) to:
4-2
Date: February 19, 2008, Item~
Page 3 of7
. Set standards for quality of storm water or non-storm water pennitted to be
discharged into public storm drainage systems and require the development,
implementation, and maintenance of Best Management Practices (BMPs), as
defmed in the City's JURMP, Development Storm Water Manual, and other plans,
where deemed necessary by the Enforcement Official, to prevent pollution of storm
drainage systems;
. Prohibit all discharges of storm water or non-storm water not meeting the standards
for permitted discharges, as determined by the Enforcement Official;
. Prohibit dumping of any pollutants into the storm drainage systems or causing
pollutants to come into contact with the storm water runoff;
. Prohibit and eliminate illegal connections to the storm drainage systems;
. Enter construction sites and existing industrial, commercial, municipal, and
residential land uses for regular or incidental inspection of the facilities or land uses
in order to investigate possible water quality related violations or to ensure that
required BMPs are properly installed and maintained;
. Require those construction sites and industrial facilities that are subj ect to coverage
under the State NPDES Construction or Industrial Permits to obtain and maintain
State permit coverage and to provide evidence of coverage and compliance for the
Enforcement Official's inspection and documentation when required to do so;
. Require construction sites and high priority industrial facilities to carry out annual
monitoring and reporting of storm water discharges, as required under the relevant
State NPDES Construction or Industrial Permits, and to present results to the
Enforcement Official, when required to do so; and,
. Carryout enforcement actions to bring about compliance with the requirements of
the New Permit, the City's Storm Water Management and Discharge Control
Ordinance, and any other relevant CVMC requirements.
In order to comply with the New Permit, amendments to CVMC Section 14.20.110 update
the exemptions to discharge prohibitions to correspond with the exemptions listed in the
New Permit. Adding Section 14.20.125 to the CVMC incorporates, by reference, the
City's Development Storm Water Manual, January 2008 into the Storm Water
Management and Discharge Control Ordinance. The Development Storm Water Manual,
January, 2008 includes the City's Standard Urban Storm Water Mitigation Plan (SUSMP)
and sets out criteria and guidelines for proponents of development and redevelopment
projects in Chula Vista to comply with the City's storm water and non-storm water
requirements on new development and redevelopment projects.
B. Amending CVMC Chanter 15.04
Pursuant to the Regional Board's adoption of the New Permit, City staff reviewed Chapter
15.04 of the CVMC to determine if the City's legal authority is adequate to control
pollutant discharges from development and redevelopment projects in Chula Vista and
meet all the requirements of the New Permit.
4-3
Date: February 19, 2008, 1tem~
Page 4 of7
Adding Section 15.04.018 to the CVMC Chapter 15.04 incorporates, by reference, the
City's Development Storm Water Manual, January 2008 into the Excavation, Grading,
Clearing, Grubbing and Fills Ordinance. The Development Storm Water Manual, January
2008 includes the City's Standard Urban Storm Water Mitigation Plan (SUSMP) and sets
out criteria and guidelines for proponents of development and redevelopment projects in
Chula Vista to comply with the City's storm water and non-storm water requirements on
new development and redevelopment projects.
C. Approving City ofChula Vista's Updated JURMP Document
Pursuant to the Regional Board's adoption of the New Permit, the City entered into an
agreement dated May I, 2007, with D-Max Engineering, Inc., for the preparation of the
City's JURMP, December 2007 document. The JURMP is an outline of the program to be
implemented by City staff, as required by the New Permit, to ensure that all new
development and major redevelopment, existing industrial, commercial, residential,
municipal land uses, and construction sites implement adequate pollution prevention
measures and BMPs, as well as conduct necessary monitoring and reporting.
The JURMP is a dynamic document, and includes: inventories of active construction and
building sites; commercial and industrial facilities; lists of minimum and recommended
BMPs, Best Available Technologies, and Best Conventional Technologies; and, locations
of sensitive areas and impaired water bodies. Such information will need to be updated
from time-to-time in future years. As required by the New Permit, starting September 30,
2008, the City will be required to submit JURMP annual reports that include
documentation of the activities conducted by the City during the previous reporting period.
Under the New Permit, it is the City's responsibility to prevent, through enforcement of its
ordinances and permitting requirements, discharges of pollution from its storm drainage
systems to the waters of the United States. San Diego Bay is the ultimate receiving water
body of the watershed that encompasses Chula Vista. Pursuant to Clean Water Act Section
303(d), the United States Environmental Protection Agency (USEPA) and the Regional
Board have declared San Diego Bay to be an impaired water body and, therefore, special
restrictions apply to discharges from all municipalities within the San Diego Bay
Watershed. This condition demands extra vigilance and effort on the part of affected
municipalities.
The JURMP document includes the overall program to be implemented by the City within
its jurisdiction during the life of the New Permit and covers major components as follows:
I. Development Planning
2. Construction
3. Existing Development (including Municipal, Industrial and Commercial,
Residential)
4. Illicit Discharge Detection and Elimination
5. Education
6. Public Participation
7. Fiscal Analysis
4-4
Date: February 19,2008, Item-&-
Page 5 of?
8. Program Effectiveness Assessment
9. Reporting
10. Receiving Water Monitoring
Another requirement of the New Permit is the development and implementation of a
Regional Urban Runoff Management Program (RURMP) by all Copermittees, and a
Watershed Urban Runoff Management Program (WURMP) by the Copermittees sharing
watersheds. Chu1a Vista is located within the San Diego Bay Watershed, together with
nine other agencies. Several joint tasks are included in the regional and watershed
programs, including assessment of water quality of all receiving waters (Receiving Water
Monitoring), development of watershed maps, identification and prioritization of major
water quality problems, as well as regional and watershed based educational programs.
The City currently participates in the regional receiving water monitoring program -- the
New Permit will require more extensive monitoring and testing to be carried out at the
regional and watershed levels. The regional and watershed specific Urban Runoff
Management Program documents are required to be submitted to the Regional Water
Quality Control Board by March 24, 2008.
The City is currently continuing to implement the storm water quality program that was
developed for compliance with the previous NPDES Municipal Permit, Order No. 2001-
01, and Municipal Code Section 14.20. As of March 24, 2008, Copermittees must fully
comply with the New Permit requirements.
Updating the City's JURMP is a New Permit requirement, which in itself will not have
fiscal impacts other than consultant fees. However, as mentioned above, implementation
of the New Permit will have a major fiscal impact on the City, insofar as the number of
commercial, industrial, municipal, and residential inspections will increase significantly.
In addition, the New Permit requires: extensive data management and reporting;
effectiveness assessment of various program elements; regional, watershed, and
jurisdictional receiving water and dry weather monitoring; and more frequent storm drain
maintenance.
D. Approving City of Chula Vista's Updated Development Storm Water Manual
Document
The Development Planning Component of the New Permit requires updates to Standard
Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. Under this
requirement, Copermittees are required to enforce practices to detain, treat, and infiltrate
storm water runoff from development and major redevelopment through the adoption of
local ordinances and project review and approval processes. Moreover, sizing of the
BMPs implemented to achieve this goal will need to be based on numerical criteria
mandated by the New Permit. BMPs include structural devices and landscaping
improvements designed to remove pollutants and to reduce runoff volume. These
requirements are expected to have a broad impact on municipalities and new residential,
commercial, and industrial projects, as well as major redevelopment projects.
4-5
Date: February 19, 2008, Item~
Page 6 of7
As required under the New Permit, the Copermittees have collectively updated the Model
SUSMP that was first developed by the Copermittees on February 14,2002. The Updated
Model SUSMP includes Low Impact Development principles. The proposed Development
Storm Water Manual, January 2008 incorporates, in Section 3, an updated local SUSMP
that is based on this Updated Model SUSMP. Other sections of the Storm Water Manual
include:
· Project Review and Permitting Processes
· Water Quality Technical Report Guidelines
· Best Management Practices Design Criteria
· Permanent Standard Storm Water BMPs Requirements
· Construction Storm Water Performance Standards
· Implementation and Maintenance Requirements
Informal Public Review of Development Storm Water Manual
The draft updated Development Storm Water Manual was sent to the Building Industry
Association (BIA), the American Public Works Association and major developers in the
City for informal review and comment. This was not a requirement by the Regional
Board, but staff believed that it was important to include the City's major stakeholders in
the update of this important document. The only comments received were from the BIA.
Staff carefully reviewed the comments received from the BIA and made adjustments where
appropriate (please see Attachments E and F).
Consequences of Non-Compliance
Updating the City's Ordinances, development permitting processes, JURMP, SUSMP
(including the City's Development Storm Water Manual) and establishing legal authority
by the due date of March 24, 2008, are requirements of the Municipal Permit. Non-
compliance with said requirements will result in a violation of the Municipal Permit and
expose the City to enforcement action, including Notices of Violation and/or monetary
fmes as well as possible third party suits.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and, consequently, the 500-foot rule found in California Code of
Regulations Section I 8704.2(a)(1) is not applicable to these decisions.
FISCAL IMPACT
The requested actions by themselves will not result in any fiscal impact on the City.
However, compliance with the New Permit requirements will demand significantly
increased program expenditures over and above the requirements of the prior five-year
permit issued in 2001. The City's costs for compliance with the New Permit in Fiscal-
Year 2007-2008 have been included in the City's Council-approved budget for Fiscal-Year
4-6
Date: February 19,2008, Item t+
Page 7 of?
2007-2008. Cost estimates for compliance with the New Permit for the remaining life of
the New Permit (up to Year 2011) were presented to the Council in an Agenda Statement
on May 15, 2007. Portions of the additional costs will be chargeable to developers for
project submittal reviews and inspection services relating to development projects. The
City's existing storm drain fee will partially fund the costs that are related to existing
facilities (commercial, industrial, municipal, and residential). The remaining unfunded
costs will impact the City's General Fund.
ATTACHMENTS
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
Amended CYMC Chapter 14.20
Amended CYMC Chapter 15.04
Summary of City of Chula Vista's updated Jurisdictional Urban Runoff
Management Program document, December 2007
Summary of City of Chula Vista's updated Development Storm Water
Manual, January 2008
Comments by the Building Industry Association of San Diego County on
the City's updated Development Storm Water Manual
Response letter to comments provided by the Building Industry
Association of San Diego County
Prepared by: Khosro Aminpour, Senior Civil Engineer, Department of Public Works
H:\NPDES\Agenda\2007 Ord, JURlv1P, Manual\2007 Ord. & JURlvtP Approval Agendadoc
4-7
Attachment A
Chapter 14.20
STORM WATER MANAGEMENT AND DISCHARGE CONTROL
Sections:
14.20.010 Purpose and intent.
14.20.020.Scope.
14.20.030.Definitions.
14.20.040.Administration.
14.20.100 .Discharge of non.storm water prohibited.
14.20.110 .Exemptions to discharge prohibition.
14.20.120 .Reduction of pollutants contacting or entering storm water required.
14.20.125 Additional Planning. Design. Construction. and Post. Construction Requirements for
All Land Development and Redevelopment Projects.
14.20.130 . Containment, cleanup, and notification of spills.
14.20.140 .Watercourse protection.
14.20.150 .Development in or adjacent to watercourse restricted - Land development, building,
or watercourse permit required.
14.20.160 .Illegal connection prohibited.
14.20.170 .Proof of compliance required.
14.20.200 .Inspection and sampling - General.
14.20.210 Jnspection procedures - Additional requirements.
14.20.220 .Authority to sample and establish sampling devices.
14.20.230 .Testing, monitoring or mitigation required - When.
14.20.300.Concealment.
14.20.310 .Administrative enforcement powers.
14.20.320 .Administrative notice, hearing, and appeal procedures.
14.20.330 )udicial enforcement.
14.20.340 ,Violations deemed a public nuisance.
14.20.350 .Remedies not exclusive.
14.20.360. Civil penalties to be deposited in the storm drain revenue fund.
14.20.010 Purpose and intent.
The purpose of this chapter is to promote the health, safety, and general welfare of the citizens
of the e~ity ofChula Vista by:
A. Prohibiting non. storm water discharges to the storm water conveyance system.
B. Preventing discharges to the storm water conveyance system from spills, dumping or
disposal of materials other than storm water.
C. Reducing pollutants in storm water discharges, including those pollutants taken up by storm
water as it flows over urban areas ("urban runoff":), to the maximum extent practicable.
D. Reducing pollutants in storm water discharges in order to achieve applicable water quality
objectives for surface waters in San Diego County.
The intent of this chapter is to protect and enhance the water quality of our watercourses,
water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act (33
USCA Section 1251, et seq.) and its implementing regulations, the Porter-Cologne Water
Quality Control Act (California Water Code g~ection 13020, et seq.) and its implementing
4-8
regulations, and the San Diego Regional Water Quality Control Board (NPDES Permit No. CA-S.
0108758) and any subsequent amendments thereto. (Ora. 2851 ~ 1,2002; Ora. 2597 ~ 11, 1991).
14.20.020 Scope.
This chapter shall be interpreted in accordance with the definitions set forth herein and the
provisions of this chapter shall apply to the direct or indirect discharge of pollutants into the
eCity's storm water conveyance system.
Further, this chapter shall be interpreted in accordance with the requirements of the federal
Clean Water Act and acts amendatory thereof or supplementary thereto; applicable implementing
regulations; NPDES Permit No. CAS 0108758 and any amendment, revision, or reissuance
thereof; and the purposes and intent of this chapter.
This chapter, among other things, provides for the prohibition of non-storm water discharges
to the storm water conveyance system, the prohibition of illegal connections to the storm water
conveyance system, the requirement that all persons reduce the volume and character of
pollutants related to urban activity entering the storm water conveyance system to the maximwn
extent practicable, and the establishment of enforcement mechanisms for violation of this
chapter, including civil and criminal fines and penalties. (Ord. 2851 ~ 2, 2002; Ora. 2597 ~ 11,
1991).
14.20.030 DefInitions.
When used in this chapter, the following terms shall have the meanings ascribed to them in
this section:
A. "Basin plan" shall mean the "Comprehensive Water Quality Control Plan for the San Diego
Basin" adopted by the Regional Water Quality Control Board, San Diego Region (September
1994), and approved by the State Water Resources Control Board, together with subsequent
amendments.
B. "Best management practices (BMPs)" shall mean schedules of activities, prohibitions of
practices, general good housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices to prevent or reduce, to the maximwn
extent practicable, the discharge of pollutants directly or indirectly to waters of the United States.
BMPs also include treatment requirements, operating procedures, and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
C. "Building permit" shall mean a permit issued by the building official pursuant to Chapter
15.20 CYMC.
D. "California ocean plan" shall mean the "California Ocean Plan: Water Quality Control Plan
for Ocean Waters of California" adopted by the State Water Resources Control Board in July,
+99+2005, and any subsequent amendments.
E. "Clean Water Act" shall mean the federal Water Pollution Control Act enacted by Public
Law 92-500, as amended by Public Laws 95-217, 95-576, 96-483, and 95-117 (33 USCA
Section 1251, et seq.), and any subsequent amendments.
F. "County health officer" shall mean the health officer of the eCounty of San Diego
aDepartment of p.!:ublic Iiliealth or designee.
G. "Development" shall mean:
1. The placement or erection of any solid material or structure on land, in water, or under
water;
4-9
2. The discharge or disposal of any dredged material or of any gaseous, liquid, solid, or
thermal waste;
3. The grading, removing, dredging, mining, or extraction of any materials;
4. A change in the density or intensity of the use of land, including, but not limited to, a
subdivision pursuant to the Subdivision Map Act (Government Code g~ection 66410, et seq.)
and any other division of land, except where the division of land is brought about in connection
with the purchase of such land by a public agency for public recreational use;
5. A change in the intensity of the use of water, or of access thereto;
6. The construction, reconstruction, demolition, or alteration of the size of any structure,
including any facility of any private, public, or municipal entity; and
7. The removal or harvesting of major vegetation other than for agricultural purposes.
As used in this definition, "structure" includes, but is not limited to, any building, road, pipe,
flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and
distribution line. (Source: Government Code g~ection 65927).
H. "Employee training program" shall mean a documented employee training program for all
persons responsible for implementing a storm water pollution prevention plan. The employee
training program shall include, but is not limited to, the following topics:
1. Laws, regulations, and local ordinances associated with storm water pollution prevention,
and an overview of the potential impacts of polluted storm water on the receiving waters of the
San Diego region;
2. Proper handling of all materials and wastes to prevent spillage;
3. Mitigation of spills including spill response, containment and cleanup procedures;
4. Visual monitoring of all effluent streams to ensure that no illegal discharges enter the
storm water conveyance system;
5. Discussion of the differences between the storm water conveyance system and the
sanitary sewer system;
6. Identification of all on-site connections to the storm water conveyance system;
7. Preventive maintenance and good housekeeping procedures;
8. Material management practices employed by the facility to reduce or eliminate pollutant
contact with storm water discharge.
r. "Enclosed bays and estuaries plan" means the "Califomia Enclosed Bays and Estuaries Plan:
Water Quality Control Plan for the Enclosed Bays and Estuaries of California," adopted by the
State Water Resources Control Board .^epril 19910n November 16. 1995, and all subsequent
amendments.
J. "Enforcement agency" shall mean the eCity of Chula Vista or its authorized agents charged
with ensuring compliance with this chapter.
K. "Enforcement official" shall mean the 4Director ofpI'.ublic wWorks or his or her designee.
1. "Hazardous materials" shall mean any substance or mixture of substances which is toxic,
corrosive, flammable, an irritant, a strong sensitizer, or generates pressure through
decomposition, heat or other means, if such a substance or mixture of substances may cause
substantial injury, serious illness or harm to humans, domestic livestock, or wildlife.
M. "Illegal connection" shall mean any physical connection to the storm water conveyance
system which has not been permitted by the eCity of Chula Vista or the San Diego Regional
Water Quality Control Board, or which drains illegal discharges either directly or indirectly into
the storm water conveyance system.
4-10
N. "Illegal discharge" shall mean any discharge to the storm water conveyance system that is
not composed entirely of storm water, or is expressly prohibited by federal, state, or local
regulations, laws, codes, or ordinances, NPDES Permit No. CAS 0108758, or degrades the
quality of receiving waters in violation of any plan water quality objective.
O. "Inland surface water plan" means the "California Inland Surface Waters Plan: Water
Quality Control Plan for Inland Surface Waters of California" adopted by the State Water
Resources Control Board on April 1991, and all amendments thereto.
P. "Land development permit" shall mean a permit issued by the €lDirector of ~
weffi5Engineering and General Services pursuant to Chapter 15.04 CVMC.
Q. "Maximum extent practicable (MEP)" shall mean the technology-based standard
established by Congress in Clean Water Act Section 402(P)(3)(B)(iii) that municipal dischargers
of storm water discharges must meet. MEP generally emphasizes pollution prevention and
source control BMPs primarily in combination with treatment methods serving as a backup.
R. "National Pollution Pollutant Discharge Elimination System (NPDES) permit" shall mean a
permit issued by the Regional Water Quality Control Board or the State Water Resources
Control Board, pursuant to Chapter 5.5, Division 7 of the California Water Code, to control
discharges from point sources to waters of the United States, including, but not limited to:
1. California Regional Water Quality Control Board, San Diego Region, (NPDES No. CAS
0108758), NPDES municipal permit - Waste diseharge Discharge requirements Requirements
for storm water Discharges afl€l-of \Ifban Urban runoff Runoff from the Municipal Separate
Storm Sewer Systems (MS4s) draining the Watersheds of the eounty County of San Diego, the
ineorporated Incorporated effie&-Cities of San Diego County, aad-the San Diego Unified Port
District. and the San Diego Count Regional Airport Authority~
2. NPDES general permit for storm water discharges associated with industrial activities;
3. NPDES general permit for storm water discharges associated with construction activity;
and
4. California Regional Water Quality Control Board, San Diego Region, general dewatering
permits.
S. "NPDES general permit" shall mean a permit issued by the State Water Resources Control
Board, including, but not limited to:
1. NPDES general permit for storm water discharges associated with industrial activities;
and
2. NPDES general permit for storm water discharges associated with construction activity.
T. "Non-storm water" shall mean any water conveyed to the storm water conveyance system
that is not entirely composed of storm water (also see defmition of "storm water").
U. "Parking lot" shall mean an open area, other than a street or other public way, used for the
parking of motorized vehicles, whether for a fee or free, to accommodate clients or customers, or
to accommodate residents of multifamily dwellings (i.e., apartments, condominiums,
townhomes, mobilehomes, dormitories, group quarters, etc.).
V. "Person" shall mean any indiyidual, organization, business trust, company, partnership,
entity, firm, association, corporation, or public agency, including the state of California and the
United States of America.
W. "Plan water quality objective" means any or all applicable requirements of the basin plan,
the enclosed bays and estuaries plan, the inland surface water plan, and the California ocean
plan.
4-11
X. "Pollutant" may include, but is not limited to, solid waste, sewage, garbage, medical waste,
wrecked or discarded equipment, radioactive materials, dredged soil, rock, sand, sediment,
industrial waste, and any organic or inorganic contaminant whose presence degrades the quality
of the receiving waters in violation of basin plan or California ocean plan standards. "Pollutant"
includes, but is not limited to, fecal coliform, fecal streptococcus, enterococcus, volatile organic
carbon (VOC), surfactants, oil and grease, petroleum hydrocarbons, total organic carbon (TOC),
lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, and biocides.
A "pollutant" also includes any substance defined as a pollutant under 40 CFR Section 122.2
and any contaminant which degrades the quality of the receiving waters in violation of basin plan
or California ocean plan standards by altering any of the following parameters: pH, total
suspended and settleable solids, biochemical oxygen demand (BOD), chemical oxygen demand
(COD), nutrients, and temperature.
Y. "Premises" shall mean any building, lot, parcel, real estate, land, or portion of land,
whether improved or unimproved.
Z. "Receiving waters" shall mean surface bodies of water, as described in NPDES Permit No.
CAS 0108758, which serve as discharge points for the storm water conveyance system,
including creeks, rivers, reservoirs, lakes, lagoons, estuaries, harbors, bays, and the Pacific
Ocean.
AA. "Significant quantities" shall mean the volume, concentrations, or mass of a pollutant in a
discharge that can cause or threaten to cause pollution, contamination, or nuisance; or adversely
impact human health or the environment; or cause or contribute to a violation of any water
quality standards applicable to the receiving water.
BB. "Storm water" shall mean urban runoff and snow melt runoff consisting of only those
discharges which originate from precipitation events. Storm water is that portion of precipitation
that flows across a surface to the storm water conveyance system or receiving waters.
For the purposes of this chapter, storm water runoff and drainage from areas that are in a
natural state, have not been significantly disturbed or altered, either directly or indirectly, as a
result of human activity, and the character and type of pollutants naturally appearing in the
runoff that have not been significantly altered, either directly or indirectly, as a result of human
activity, shall be considered "unpolluted" and shall satisfY the de[mition of "storm water" in this
chapter.
CC. "Storm water conveyance system" means those municipal, private and/or natural facilities
within the eCity of Chula Vista by which storm water may be conveyed to waters of the United
States, including any roads with drainage systems, municipal streets, catch basins, and
watercourses.
DD. "Storm water pollution prevention plan" shall mean a document which describes the on-
site program activities to utilize BMPs to eliminate or reduce pollutant discharges to the storm
water conveyance system to the maximum extent practicable.
A storm water pollution prevention plan prepared and implemented pursuant to any NPDES
permit shall meet the definition of a "storm water pollution prevention plan" for the purposes of
this chapter.
EE. "Watercourse" shall mean any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash in which waters flow in a
definite direction or course, either continuously or intermittently, and which has a definite
channel and a bed or banks. A "channel" is not limited to land covered by minimal or ordinary
flow but also includes land covered during times of high water. "Watercourse" does not include
4-12
any surface drainage prior to its collection in a stream, river, creek, ditch, channel, canal,
conduit, culvert, drain, waterway, gully, ravine, arroyo or wash.
FF. "Watercourse permit" shall mean a permit issued by the director of j*I13lie
weffisEngineering and General Services pursuant to Chapter 14.08 CYMC.
GG. "Wetlands" shall mean areas that are inundated or saturated by surface or ground waters
at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
"Wetlands" generally includes swamps, marshes, bogs, and similar areas. (Oni. 2851 ~ 3, 2Q02;
Ord. 2790,1999; Ord. 2597 ~ 11, 1991).
14.20.040 Administration.
The eEnforcement 90fficial shall administer, implement, and enforce the provisions of this
chapter. Any powers granted to, or duties imposed upon, the eEnforcement 90fficial may be
delegated by the enforcement official to persons in the employ of the eCity, or pursuant to
contract.
When deemed necessary by the eEnforcement 90fficial, the eEnforcement 90fficial shall
prepare and present to the eCity eCouncil for approval regulations and programs consistent with
the general policies established herein by the eCity eCouncil. The eEnforcement 90fficial shall
enforce eCouncil-approved regulations necessary to the administration of this chapter, and may
recommend that the eCouncil amend such regulations and programs from time to time, as
conditions require. (Ord. 2851 ~ 1,2002; Ord. 2597 ~ 11,1991).
14.20.100 Discharge of non-storm water prohibited.
A. It is unlawful for any person to discharge non-storm water into the storm water conveyance
system, except as provided in CYMC 14.20.110.
B. It is unlawful for any person to cause either individually or jointly any discharge into or
from the storm water conveyance system that results in or contributes to a violation of any
NPDES permit. Liability for any damage, abatement costs, or fines against the permit holder
caused by such discharge shall be the responsibility of the person(s) causing or responsible for
the discharge. (Ord. 2851 S 5,2002; Ord. 2597 ~ 11,1991).
14.20.110 Exemptions to discharge prohibition.
The following discharges are exempt from the prohibition set forth in CYMC 14.20.100;
provided, that they do not cause or significantly contribute to violations of the water quality
standards set forth in any plan water quality objective or convey significant quantities of
pollutants to receiving waters, or are a danger to public health and safety:
A. Any discharge or connection regulated under an NPDES permit issued to the discharger
and administered by the state of California pursuant to Chapter 5.5, Division 7 of the California
Water Code; provided, that the discharger is in compliance with all requirements of the permit
and other applicable laws, and regulations, and programs.
B. Discharges from the following activities will not be considered a source of pollutants to waters of the United States:
1. Discharges composed entirely of storm viaterDiverted steam flows;
2. Water line flHsmng and other discharges from l'etable water sOHfeesRising Ground
Water;
4-13
3. Laaaseape irrigatioa and lawfl wateriagUncontaminated ground water infiltration r as
defined in 40 CFR 35.2005(20)1 to MS4s;
4. IrrigatioR waterUncontaminated pumped ground water;
5. Di'ierted stream flewsFoundation drains;
6, RisiRg grollila viatersSprings;
7. URcontarninatea ground ,yater iafiltratiea te the storm 'l/ater eORveyance systemWater
from crawl space pumps;
8. Uaeoatarniaatea pumpea ground water Rot subject to ane)' applicable NPDBS or State
Water Resources Centrol Beara permitFooting drains;
9. Passive f01illdation and footing drains (not iaeluding active grolHld water Ek.vateriRg
systems)Air conditioning condensation;
10. Water from era'sl spaee pHffipsFlows from riparian habitats and wetlands;
11. ",ir eoaaitioniag condeaoatioa Water line flushing;
12. SpringsLandscape irrigation;
13. Iadi,..idual residential washing of vehic\esDischarges from potable water sources not
subiect to NPDES Permit No. CAG67900 1. other than water main breaks;
14. Flows frem riparian habitats and wetlanasIrrigation water;
15. Deehlorinatea swcimming pool dischargesLawn watering;
16. Flows from fire fightiag aetivitiesIndividual residential car washing; and
17. Street ',','asa ',vaters relatea te eleaning aRa maintenlUice by the eity of Cliula Vista or its
eontractor fer said sel'Yiees.Dechlorinated swimming pool discharges.
C. Any discharge which the enforcement agency, the eCounty hHealth eOfficer, the Regional
Water Quality Control Board and/or the U.S. Environmental Protection Agency determines in
writing is necessary for the protection of the public health and safety. (Ord. 2854 ~ e, 20G2; Ora.
2597 S 11, 1994).
14.20.120 Reduction of pollutants contacting or entering storm water required.
Any person engaged in activities which may result in pollutants entering the storm water
conveyance system shall, to the maximum extent practical, undertake all measures to reduce the
risk of illegal discharges. The following requirements shall apply:
A. Best Management Practices Implementation. It is unlawful for any person not to comply
with BMPs and pollution control requirements established by the eCity or other responsible
agency to eliminate or reduce pollutants entering the eCity's storm water conveyance system.
BMPs shall be complied with throughout the life of the activity.
B. Storm Water Pollution Prevention Plan. When the enforcement official determines that a
business or business-related activity causes or may cause an illegal discharge to the storm water
conveyance system, then the enforcement official may require the business to develop and
implement a storm water pollution prevention plan (SWPPP). Businesses which may be required
to prepare and implement a SWPPP include, but are not limited to, those which perform
maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading, and/or
cleanup activities partially or wholly out of doors.
C. Coordination with Hazardous Materials Response Plans and Inventory. Any activity subject
to the hazardous materials inventory and response program, pursuant to Chapter 6.95 of the
Califomia Health and Safety Code, shall include provisions for compliance with this chapter in
its hazardous materials response plan, including prohibitions of unlawful non-storm water
4-14
discharges and illegal discharges, and provisions requiring the use of BMPs to reduce the
discharge of pollutants in storm water.
D. Impervious Surfaces. Persons owning or operating a parking lot or an impervious surface
(including, but not limited to, service station pavements or paved private streets and roads) used
for automobile-related or similar purposes shall clean those surfaces as frequently and as
thoroughly as is necessary, in accordance with BMPs, to prevent the discharge of pollutants to
the eCity's storm water conveyance system. Sweepings or cleaning residue from parking lots or
impervious surfaces shall not be swept or otherwise made or allowed to go into any storm water
conveyance, gutter, or roadway, but must be disposed of in accordance with regional solid waste
procedures and practices.
E. Compliance with NPDES Permit for Storm Water Discharges. Each discharger subject to
any NPDES permit for storm water discharges shall comply with all requirements of such
permit. (Ord. 2851 ~ 7,2902; Ord. 2597 ~ 11, 1991).
14.20.125 Additional Planning. Design. Construction. and Post-Construction Requirements for
All Land Development and Redevelopment Projects.
The Citv of Chula Vista Development Storm Water Manual is a part of this Ordinance
and is incomorated bv reference as though set forth in full in this Ordinance. No land owner or
development proiect proponent in the Citv of Chula Vista shall receive anv City permit or
approval for land development activity or significant redevelopment activity unless the proiect
meets or will meet the requirements of this Ordinance and the Development Storm Water
Manual.
The Development Storm Water Manual includes. among other requirements. the following
requirements:
· Phased grading during construction (limitation of grading to a maximum disturbed area
before either temporarY or permanent erosion controls are implemented).
. Compliance with Low Impact Development (LID) principals.
· Compliance with Interim Hydromodification criteria and Hydrograph Modification
Management Plan (HMP) requirements.
. Compliance with Post-Construction Best Management Practices self inspections.
maintenance. record keeping. and maintenance certification.
The City of Chula Vista generally accepts standards established in the most up-to-date editions
of the following documents for Best Management Practices. however. the City Engineer will
make the final determination to approve or disapprove any proposed BMPs:
. Stormwater Best Management Practices Handbooks developed by the California
Stormwater Ouality Association
· CAL TRANS Treatment BMP Technology Report
· County of San Diego Low Impact Development Handbook
4-15
Long-tenn maintenance obligations of all proposed Best Management Practices must be
approved in an agreement that runs with the land in perpetuity prior to the issuance of a grading
or other construction pennit.
14.20.130 Containment, cleanup, and notification of spills.
It is unlawful for any person owning or occupying any premises who has knowledge of any
release of significant quantities of materials, pollutants, or waste which may result in pollutaots
or non-storm water discharges entering the eCity's stonn water conveyance system to not
immediately take all reasonable action to contain, minimize, and clean up such release. Such
person shall notify the e!;;.ity of Chula Vista of the occurrence and/or the eCounty of San Diego
ElDeparunent of hHealth sS.ervices/e];nvironmental hHealth sS.ervices hHazardous HlMaterials
HlManagement ElDivision, and any other appropriate agency of the occurrence as soon as
possible, but no later than 24 hours from the time of the incident's occurrence. COrd. 2597 ~ 11,
1991).
14.20.140 Watercourse protection.
In addition to the prohibitions relating to watercourses and the requirements for watercourse
permits set forth in Chapter 14.08 CVMC, it is unlawful for any person owning and/or occupying
property through which a watercourse passes to fail or refuse to:
A. Keep and maintain that part of the watercourse within the property free of trash, debris, and
other obstacles which would pollute, contaminate, or significantly retard the flow of water
through the watercourse.
B. 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.
C. Keep and maintain healthy bank vegetation in such a manner as to minimize the
vulnerability of the watercourse to erosion. COrd. 2597 ~ 11, 1991).
14.20.150 Development in or adjacent to watercourse restricted - Land development,
building, or watercourse permit required.
No person shall carry out development within 30 feet of the centerline of any watercourse or
within 20 feet of the edge of any watercourse, whichever is the greater distance from the top of
the creek bank, unless a land development, building, or watercourse permit has first been
obtained. The e!;;.ity "Officer issuing said pennit is hereby granted the authority to establish
controls on the volume and rate of stonn water runoff from such new development as may be
reasonable and appropriate to minimize the discharge and transport of pollutants to the maximum
extent practicable in the granting or conditioning the granting of such permit. COrd. 2597 ~ 11,
+994j,
14.20.160 megal connection prohibited.
It is unlawful for any person to establish, use, or maintain any illegal connection to the stonn
water conveyance system, regardless of whether such connection was made under a permit or
other authorization or whether permissible under the law or practices applicable or prevailing at
the time of the connection, except as authorized in CVMC 14.20.l10(A). (an:\. 2851 ~ 8, 2002).
14.20.170 Proof of compliance required.
4-16
Proof of compliance with this chapter may be required in a form acceptable to the eCity prior
to or as a condition of a subdivision map, site plan, development improvement plan, building
permit, grading permit or any other permit or activity which may affect the storm water
conveyance system and/or the waters entering it. Proof of compliance shall be furnished upon
request of the enforcement official. (Ora. 2854 ~ 9, 29(2).
14.20.200 Inspection and sampling - General.
A. After obtaining legal entry to any premises in accordance with CYMC 1.16.010 or by
consent, the representative ofthe enforcement agency shall have the right to:
I. Carry out any inspection and sampling activities on the premises as may be necessary to
enforce the provisions and requirements of this chapter. Upon request, split samples shall be
given to the owner and/or occupant of the premises.
2. Inspect any vehicle on the premises reasonably suspected of causing, contributing to, or
being used to transport an illegal discharge to the storm water conveyance system.
3. Conduct tests, analyses and evaluations to determine if a discharge of storm water is an
illegal discharge or to determine if the requirements of this chapter have been met.
4. Photograph any effluent stream, material or waste, material or waste container, container
label, vehicle, waste treatment process, waste disposal site, or condition contributing to storm
water pollution and constituting a violation of this chapter found during an inspection.
5. Inspect and copy pertinent records relating to the facility's operations, including
inventories, chemical usage, materials, sources, hazardous materials manifests and disposal
records, treatment and operations log books, and materials invoices.
6. Review and obtain a copy of the storm water pollution prevention plan prepared by the
owner and/or occupant or facility operator, if such a plan is required.
7. Require the owner and/or occupant or facility operator to retain evidence, as instructed by
the inspector, for a period not to exceed 30 days.
8. Review and obtain copies of all storm water monitoring data compiled by the owner
and/or occupant or facility operator, if such monitoring is required.
9. Review and obtain copies of all records related to handling of pollutants and hazardous
materials.
B. The eE;nforcement eOfficial may conduct routine or area inspections, which 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 or sampling in areas with
evidence of storm water contamination, illegal discharges, discharge of non-storm water to the
storm water conveyance system, or similar factors.
C. All enforcement officials shall have adequate identification. Enforcement officials and
other authorized personnel shall identify themselves when entering any property for inspection
purposes or when inspecting the work of any contractor. (Ord. 2854 ~ 10,2002; Ora. 2597 ~ 11,
1994).
14.20.210 Inspection procedures - Additional requirements.
During the inspection, the eE;nforcement eOfficial shall comply with all reasonable security,
safety, and sanitation measures. In addition, the eE;nforcement eOfficial shall comply with
reasonable precautionary measures specified by the owner and/or occupant or facility operator.
At the conclusion of the inspection, and prior to leaving the site, the eE;nforcement eOfficial
shall make every reasonable effort to review with the owner and/or occupant or the facility
4-17
operator each of the violations noted by the e.E;nforcement eOfficial and any corrective actions
that may be necessary. A report listing any violation found by the e.E;nforcement eOfficial during
the inspection shall be kept on file by the enforcement agency. A copy of the report shall be
provided to the owner and/or occupant or facility operator, or left at the premises if no person is
available. If corrective action is required, then the occupant, facility owner, and/or facility
operator shall implement a plan of corrective action based upon a written plan of correction,
submitted to the enforcement agency, which states the corrective actions to be taken and the
expected dates of completion. Failure to implement a plan of correction constitutes a violation of
this chapter. (Ora. 2597 ~ 11, 1994).
14.20.220 Authority to sample and establish sampling devices.
With the consent of the property owner or occupant or pursuant to an inspection warrant, the
e.E;nforcement eOfficial is authorized to establish on any property that discharges directly or
indirectly to the municipal storm water conveyance system such devices as are necessary to
conduct sampling or metering operations. During all inspections as provided herein, the eOfficial
may take samples of materials, wastes, and/or effluent as deemed necessary to aid in the pursuit
of the inquiry or in the recordation of the activities on-site. (Ord. 2854 ~ 11, 2G02; Ora. 2597
~ 11,1994).
14.20.230 Testing, monitoring or mitigation required - When.
A. The e.E;nforcement eOfficial may require that any person engaged in any activity and/or
owning or operating any facility which causes or may contribute to storm water pollution or
contamination, illegal discharges, and/or discharge of non-storm water to the storm water
conveyance system perform monitoring, including physical and chemical monitoring and/or
analyses, and furnish reports as the e.E;nforcement eOfficial may specifY, if:
1. The person, or facility owner or operator, fails to eliminate illegal discharges within a
specified time after receiving a written notice to do so by the e.E;nforcement eOfficial; or
2. The e.E;nforcement eOfficial has documented repeated violations of this chapter by the
person or facility owner, or operator, which have caused or contributed to storm water pollution.
It is unlawful for such person or facility owner or operator to fail or refuse to undertake and
provide the monitoring, analyses, and/or reports specified. Specific monitoring criteria shall bear
a relationship to the types of pollutants which may be generated by the person's activities or the
facility's operations. If the enforcement agency has evidence that a pollutant is originating from
a specific premises, then the enforcement agency may require monitoring for that pollutant
regardless of whether said pollutant may be generated by routine activities or operations. The
person or facility owner or operator shall be responsible for all costs of these activities, analyses
and reports.
B. Any persons required to monitor, pursuant to subsection (A) of this section, shall
implement a storm water monitoring program including, but not limited to, the following:
1. Routine visual monitoring for dry weather flows;
2. Routine visual monitoring for spills which may pollute storm water runoff;
3. A monitoring log including monitoring date, potential pollution sources, as noted in
subsections (B)(l) and (2) of this section, and a description of the mitigation measures taken to
eliminate any potential pollution sources.
4-18
C. If testing, monitoring or mitigation required pursuant to this chapter is deemed no longer
necessary by the enforcement official, then any or all of the requirements contained in
subsections (A) and (B) of this section may be discontinued.
D. A storm water monitoring program prepared and implemented pursuant to any state-issued
NPDES general permit shall be deemed to meet the requirements of a monitoring program for
the purposes of this chapter. All monitoring data and analytical evaluation/assessment reports
required by such a permit shall be submitted to the eCity at the same time the data and reports
are submitted to the Regional Water Quality Control Board. (Ora. 2851 ~ 12, 2992; Ora. 2597
~ 11,1991).
14.20.300 Concealment.
Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter
is unlawful and shall constitute a separate violation of this chapter. (Ord. 2597 ~ 11, 1991).
14.20.310 Administrative enforcement powers.
The enforcement agency and egnforcement eOfficial can exercise any enforcement powers as
provided in CVMC Title 1. In addition to the general enforcement powers provided in CVMC
Title 1, the enforcement agency and egnforcement eOfficial have the authority to utilize the
following administrative remedies as may be necessary to enforce this chapter:
A. Cease and Desist Orders. When the egnforcement eOfficial fmds that an illegal discharge
has or is likely to occur or an illegal connection is in place, the egnforcement eOfficial 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 shall:
.1. Comply with the applicable provisions and policies of this chapter;
2. Comply with a time schedule for compliance, which may consist of a duty to cease and
desist immediately; and
3. Take appropriate remedial or preventive action to prevent the violation from recurring.
B. Notice to Clean and Abate. Whenever the egnforcement eOfficial fmds 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 eCity's storm water
conveyance system or a non-storm water discharge to the eCity's storm water conveyance
system, the enforcement official may issue orders and give written notice to remove same in any
reasonable manner. The recipient of such notice shall undertake the activities as described in the
notice.
C. Storm Water Pollution Prevention Plan. The enforcement official shall have the authority to
establish elements of a storm water pollution prevention plan, and to require any owner or
occupier of any premises to adopt and implement such a plan, pursuant to CYMC 14.20.120(B),
as may be reasonably necessary to fulfill the purposes of this chapter.
D. Employee Training Program. The egnforcement eOfficial shall have the authority to
establish elements of an employee training program, as may be necessary to fulfill the purposes
of this chapter, where such a program has been required as an element of a storm water pollution
prevention plan.
E. Best Management Practices. The egnforcement eOfficial may establish the requirements of
BMPs for any premises pursuant to CVMC 14.20.040.
4-19
F. Civil Penalties. Notwithstanding any other provisions of the mMunicipal eCode, a person
who violates any of the provisions of this chapter or who fails to implement a storm water
monitoring plan, violates any cease and desist order or notice to clean and abate, or fails to adopt
or implement a storm water pollution prevention plan as directed by the enforcement official
shall be liable for a civil penalty not to exceed $10,000 for each day such a violation exists. The
violator shall also be charged for the full costs of any investigation, inspection, or monitoring
survey which led to the detection of any such violation; for abatement costs; and for the
reasonable costs of preparing and bringing legal action under this subsection. In addition to any
other applicable procedures, the enforcement agency may utilize the lien procedures of Chapter
1.30 CVMC to enforce the violator's liability. The violator may also be liable for compensatory
damages for impairment, loss or destruction to water quality, wildlife, fish and aquatic life.
G. Administrative Citations. Notwithstanding any other provision of the mMunicipal eCode, a
person who violates any provision of this chapter or disobeys an enforcement order may be
issued an administrative citation by the enforcement official requiring immediate corrective
action and imposing an administrative fme in an amount as set forth in CVMC 1.41.l00(D)(1).
(Ord. 2854 ~ 13,2002; Onl. 2597 ~ 11, 1991).
14.20.320 Administrative notice, hearing, and appeal procedures.
A. Service. Unless otherwise provided herein, any order, notice of violation, or other notice
required to be given by the e~nforcement eOfficial under this chapter shall be in writing and
served in accordance with CVMC 1.40.030.
B. Notice Contents. Notwithstanding any other provision of the mMunicipal eCode, when the
e~nforcement eOfficial determines that a violation of one or more provisions of this chapter
exists or has occurred, any violator(s) may be served with a written notice of violation and order.
The notice and order shall state the mMunicipal e~ode section violated, describe how violated,
the location, date(s) and time(s) of the violation(s), and describe the corrective action required.
The notice and order may require immediate corrective action by the violator(s) and explain
which method(s) of enforcement the eCity is utilizing. The notice and order shall explain the
consequences of failing to comply. Finally, the notice and order shall identify all hearing/appeal
rights and specify the issuing officer.
C. Hearings and Appeals. Notwithstanding any other provision of the mMunicipal eCode, a
violator may request a hearing to contest the e~nforcement eOfficial' s determination that a
violation has occurred. Such request must be in writing and received by the eCity within 10
calendar days of service of the notice of violation (or 30 calendar days for out-of-state residents)
in a form approved by the e~nforcement eOfficial. If the eCity does not receive such a written
request within 10 calendar days (or 30 calendar days for out-of-state residents), it shall constitute
a waiver of the right to a hearing and adjudication of all or any portion of the notice and order.
Once a request for hearing is received, the hearing shall be conducted pursuant to CVMC
1.40.020(B) through (I) and 1.40.070. If the violator(s) fails to attend the hearing, it shall
constitute a waiver of the right to a hearing and adjudication of all or any portion of the notice
and order. (Ord. 2854 ~ 14,2002; Ord. 2597 ~ 11, 1994).
14.20.330 Judicial enforcement.
A. Criminal Penalties. Notwithstanding CVMC 1.20.010, any person who violates any
provision of this chapter or who fails to implement a storm water monitoring plan, violates any
cease and desist order or notice to clean and abate, or fails to adopt or implement a storm water
4-20
pollution prevention plan as directed by the enforcement official shall be punished, upon
conviction, by a fine not to exceed $10,000 for each day in which such violation occurs, or
imprisonment in the San Diego County jail for a period not to exceed one year, or both.
B. Injunction/Abatement of Public Nuisance. Whenever a discharge into the storm water
conveyance system is in violation of the provisions of this chapter or otherwise threatens to
cause a condition of contamination, pollution, or nuisance, the e;Enforcement eOfficial may also
cause the eCity to seek a petition to the superior court for the issuance of a preliminary or
permanent injunction, or both, or an action to abate a public nuisance, as may be appropriate in
restraining the continuance of such discharge.
C. Other Civil Action. Whenever a notice and order or liHearing eOfficer's decision is not
complied with, the eCity aAttomey may, at the request of the e;Enforcement eOfficial, initiate
any appropriate civil action in a court of competent jurisdiction to enforce such notice and order
and decision, including the recovery of any unpaid storm drain fees and/or civil penalties
provided herein. (OrEl. 2597 ~ 11,1994).
14.20.340 Violations deemed a public nuisance.
In addition to the other civil and criminal penalties provided herein, 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 declared and deemed a public nuisance, which may be
summarily abated and/or restored as directed by the e;Enforcement eOfficial in accordance with
the procedures identified in this chapter or Chapter 1.30 CYMC. A civil action to abate, enjoin or
otherwise compel the cessation of such nuisance may also be taken by the eCity, if necessary.
The full 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 in accordance with the
procedures set forth in Chapter 1.30 CVMC. (Ord. 2854 ~ 15,2002; Ora. 2597 ~ 11,1994).
14.20.350 Remedies not exclusive.
Remedies set forth in this chapter are not exclusive but are cumulative to all other civil and
criminal penalties provided by law, including, but not limited to, penalty provisions of the
federal Clean Water Act and/or the State Porter-Cologne Water Quality Control Act. The seeking
of such federal and/or state remedies shall not preclude the simultaneous commencement of
proceedings pursuant to this chapter. (Ord. 2597 ~ 11,1994).
14.20.360 Civil penalties to be deposited in the storm drain revenue fund.
Any civil penalties collected by the eCity as a result of violations of this chapter shall be
deposited in the storm drain revenue fund. (Ord. 2597 ~ 11, 1994).
4-21
Attachment B
Chapter 15.04
EXCAVATION, GRADING, CLEARING, GRUBBING AND FILLS*
Sections:
15.04.005 _Purpose and intent of provisions.
15.04.010 _Definitions.
15.04.015 _Permit required for all land development work and soil investigations.
15.04.017 _Otherrequired permits.
15.04.018 Additional Planning. Design. Construction. and Post-Construction Requirements for
All Land Development and Redevelopment Projects.
15.04.020 _Compliance with conditions and specifications required - Deviations from standards
permitted when.
15.04.025 Provisions not to affect other code requirements.
15.04.030 _Facilities within public rights-of-way - Assignment of costs.
15.04.035 _Commencement and completion of work - Extension oftime.
15.04.040 _Slopes - Design requirements generally.
15.04.045 _Building pads - Design requirements.
15.04.050 _Embankment requirements - Soil engineer may be required.
15.04.055 Expansive soil grading requirements.
15.04.060 _Landscaping and irrigation system.
15.04.065 510pes - Tops and toes to be rounded.
15.04.070 Slopes - Blending into existing terrain.
15.04.075 _Slopes - Horizontal slope rounding.
15.04.080 _Preservation of existing monuments.
15.04.085 _Work in conjunction with subdivision of property - Requirements generally.
15.04.090 _Work in conjunction with subdivision of property - Standard land development
permit - Requirements.
15.04.095 _Work in conjunction with subdivision of property - Contract for completion of
improvements - Requirements - Bonds.
15.04.100 _Building construction - Land development permit required - Prerequisite to building
permit.
15.04.105 _Damaged or disused public improvements - Notification - Corrective action required.
15.04.110 Yublic to be protected from hazards during construction - Fences and barricades
required when.
15.04.115 5afety precautions.
15.04.120 _Fence specifications - Modification permitted when.
15.04.125 _Noncompliance.
15.04.130 _Modification of approved plans.
15.04.135 _Responsibility of permittee - Compliance with plans and requirements.
15.04.140 _Completion of work- Final reports.
15.04.145 _Notification of completion.
15.04.150 _Exemptions from applicability designated.
15.04.155 _Contractor - Qualifications required.
15.04.160 _Work to be performed by licensed contractor.
15.04.165 Inspection ofland development work - Responsibility therefor.
15.04.170 _Transfer of responsibility for approval.
4-22
15.04.175 _Plans and reports to be prepared by engineers.
15.04.180 _Private contract performance bond - Required when - Issuance conditions generally.
15.04.185 _Private contract performance bond - Conditions - Notice of default - Contents-
Effect.
15.04.190 _Private contract performance bond - Principal or surety liable for cost of completing
work when.
15.04.195 _Private contract performance bond - Liability of eCity for performance of certain
work.
15.04.200 _Private contract performance bond - Cash deposit accepted in lieu when - Default
correction procedure.
15.04.205 _Private contract performance bond - Not required when.
15.04.210 _Private contract performance bond - Required from certain contractors when -
Exception.
15.04.215 _Private contract performance bond - Conditions - Compliance with certain terms and
provisions required.
15.04.220 _Private contract performance bond - Method of estimating amount - Schedule.
15.04.225 _Release ofbonds/security.
15.04.230 _City eI:;ngineer - Enforcement responsibility and permit issuance authority.
15.04.235 _City eI:;ngineer - Powers and duties generally.
15.04.240 _City eI:;ngineer - Authority to determine. applicable fees.
15.04.245 City eI:;ngineer - Duty to consider certain recommendations and deny certain
applications.
15.04.250 _City eI:;ngineer - Grounds for cancelling permit or amending plans.
15.04.255 Appeals - Authorized when - Determination authority.
15.04.260 _Appeals - Time limit for filing - Form.
15.04.265 _Permits - Application - Procedure generally - Detailed plan required.
15.04.270 _Permits - Application - Detailed plans and specifications required.
15.04.275 _Permits - Issuance - Prerequisites and contents.
15.04.280 _Investigations authorized and required when - Fee.
15.04.285 _Agreement required for uncontrolled embankments - Additional specifications.
15.04.290 _Fees - Collection - Method of estimation - Verification - Payment required-
Exemptions.
15.04.295 _Fees - Schedule for computation.
15.04.305 _Fees - To be doubled in certain cases - Effect of imposition.
15.04.310 Violations - Declared unlawful and public nuisance - Abatement authority.
15.04.315 _Abatement of dangerous conditions.
15.04.320 _Emergency abatement by eCity - Liability for costs.
15.04.3 25 _Costs of abatement - Special assessment procedure - Statutory authority.
15.04.330 Conflicts.
. For statutory provisions authorizing cities to abate building nuisances, see Health and Safety Code ~ 17980, et seq.; for
statutory requirement for cities to pass a soil testing ordinance, see Health and Safety Code ~~ 17953 - 17957.
15.04.005 Purpose and intent of provisions.
The purpose of this chapter is to establish minimum requirements for land development work,
to provide for the issuance of permits and for the enforcement of the requirements. These
provisions are supplementary and additional to the subdivision and zoning regulations of this
4-23
code and shall be read and construed as an integral part of said regulations and the land
development patterns and controls established thereby. It is the intent of the eCity eCouncil to
protect life and property and promote the general welfare; enhance and improve the physical
environment of the community; and preserve, subject to economic feasibility, the natural scenic
character of the eCity. In administering these provisions, the following goals should be
respected:
A. Ensuring that future development of lands, particularly in the hilly areas of the eCity,
occurs in the manner most compatible with surrounding areas and so as to have the least adverse
effect upon other persons or lands, or upon the general public;
B. Ensuring that soil will not be stripped and removed from lands in the more scenic parts of
the eCity, leaving the same barren, unsightly, unproductive, and subject to erosion and the
hazards of subsidence and faulty drainage;
C. Encouraging the planning, design and development of building sites in such fashion as to
provide the maximum in safety and human enjoyment, while adapting development to and taking
advantage of the best use of the natural terrain;
D. Encouraging and directing special attention toward retaining, insofar as practical, the
natural planting and a maximum number of existing trees;
E. Ensuring any impact to sensitive biological resources, as defmed by CVMC 17.35.030, is
consistent with the goals and policies of the Chula Vista MSCP subarea plan. (Ord. 3005 ~ 1,
2005; Ord. 1797 ~ 1, 1978).
15.04.010 Definitions.
The following words and phrases, when used in this chapter, shall be construed as defined in
this section:
"Appurtenant structures" means manrnade structures related to and necessitated by the
proposed grading and includes paved drainage ditches, inlet structures, lined channels, culverts,
outlet structures and retaining walls.
"Building pad" means that portion of an embankment and/or excavation contained within an
area bounded by a line five feet outside the foundation footing.
"Building site" means that portion of an embankment and/or excavation containing the
building pad(s) and lying within an area bounded by the top of slopes and/or toe of slopes within
the lot or parcel.
"Certify" or "certification" means a signed written statement that the specific inspection and
tests which were required have been performed and that the works comply with the applicable
requirements of this chapter, the plans, and the permit.
"Clearing" means the cutting of natural vegetation by any means, without disturbance to the
soil and root system.
"Clearing and grubbing permit" means a permit issued pursuant to this chapter that allows
clearing and grubbing that is not in association with other land development work.
"Compaction" means densification of a soil or rock fill by mechanical or other acceptable
procedures.
"Contract, private" means an agreement between a property owner and a qualified contractor
to do land development work.
"Contractor" means a contractor licensed by the state to do work covered by this chapter. A
contractor may be authorized to act for a property owner in doing such work.
4-24
"Embankment" or "fill" means any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, pulled, transported or moved to a new location and the
conditions resulting therefrom.
"Embankment, uncontrolled" means any embankment constructed as land development on
which no soil testing was performed or no compaction reports or other soil reports were prepared
or submitted.
"Engineer, private" means a civil engineer registered by the state. A private engineer may be
authorized to act for a property owner in doing work covered by this chapter.
"Engineering geologist" means a certified engineering geologist, registered by the state, who
is engaged in the practice of applying geological principles and data to engineering problems
dealing with naturally occurring rock and soil for the purpose of assuring that geological factors
are recognized and adequately interpreted in engineering practice.
"Erosion" means the process by which the ground surface is worn away by the action of water
or wind.
"Excavation or cut" means any earth, sand, gravel, rock or any similar material which is cut
into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed by man, and the
conditions resulting therefrom.
"Grade" means the elevation and cross-sections established for the finished surface. All grades
shall be based upon the official datum of the eCity.
"Grading" means any excavating or filling or combination thereof and shall include the land in
its excavated or filled conditions.
"Grubbing" means the removal of natural vegetation by any means including removal of the
root system.
"Land development permit" means a permit issued pursuant to this chapter to conduct land
development work.
"Land development work" means the making of excavations and embankments on private
property and the construction of slopes, drainage structures, fences and other facilities incidental
thereto, where it is necessary to safeguard life, limb, health, property and public welfare by
regulating and controlling the design, construction and quality of materials. Land development
work also includes other associated grading, and clearing and/or grubbing conducted in
preparation for such development.
"Landscape architect" means a landscape architect, registered by the state, who performs
professional work in physical land planning and integrated land development, including the
design oflandscape planting programs.
"Landscape manual" means the current "City of Chula Vista Landscape Manual" approved by
resolution of the e~ity eCouncil.
"Minor slope" means a slope four feet or less in vertical dimension in either cut or fill,
between single-family lots and not parallel to any roadway.
"Natural terrain" means the original contour of a site prior to any grading.
"Permittee" means any person to whom a permit is issued pursuant to this chapter.
"Property owner" means the owner, subdivider or developer of real property which will be
benefited by the proposed land development work.
"Property, public" means property owned in fee by the eCity, or dedicated for public use.
"Public improvement" means publicly owned construction, structures or facilities in the public
right-of-way designed for the public use, safety or general welfare.
4-25
"Public rights-of-way" means public easements or dedications for streets, alleys and/or other
use.
"Rough grading" is the condition where the ground surface approximately conforms to the
design grade, generally within 0.5 feet.
"Slope" means the inclined exposed surface of a fill, excavation or natural terrain.
"Slope, natural" means the predominant slope or slopes of land in its original condition prior
to any grading.
"Soil engineer" means a civil engineer registered by the state who submits evidence to the
satisfaction of the e~ity eEngineer that:
1. He is engaged in the practice of civil engineering and spends a majority of his time in the
field of applied soil mechanics and foundations engineering;
2. He has at least four years of responsible practical experience in the field of applied soil
mechanics;
3. He is qualified to make the investigations and determinations, render the reports and
opinions, and perform the duties of a soil engineer as required by this chapter.
All persons meeting the qualifications set forth above shall be recognized by the e~ity
eEngineer as qualified to perform soil engineering under the provisions of this chapter.
"Soil, expansive" means any soil which swells more than three percent when prepared and
tested by a method approved by the eCity eEngineer.
"Subdivider" means a person, firm, corporation, partnership or association who causes land to
be divided into one or more subdivisions for himself or others as defined by those sections of the
Government Code known as the Subdivision Map Act. (Ord. 3005 ~ 1, 2005; Ord. 2128 ~ 1,
1985; Ord. 1877 ~ 1,1979; Ord. 1797 ~ 1,1978).
15.04.015 Permit required for all land development work and soil investigations.
No person, either as property owner, contractor, private engineer or otherwise, shall do or shall
cause to be done any land development work without first having obtained either a land
development permit or clearing and grubbing permit to do such work and having held a
pre grading or preclearing meeting if required by the eCity eEngineer, except as provided in
CYMC 15.04.150.
Soil investigations by a soil engineer or engineering geologist which involves trenching or
scarifying of the natural terrain shall require a permit. A special investigation fee shall be paid
prior to issuance of such permit. (Ord. 3005 S 1,2005; Ord. 1797 ~ 1, 1978).
15.04.017 Other required permits.
Prior to the eCity's issuance of a land development permit or clearing and grubbing permit, the
applicant shall show compliance with a habitat loss and incidental take (HUT) permit issued
pursuant to Chapter 17.35 CYMC, for areas that contain sensitive biological resources, as
defmed by CYMC 17.35.030, and are within:
A. Development areas outside of covered projects, as defined by CYMC 17.35.030;
B. Seventy-five (75) to 100 percent conservation areas, as defined by CYMC 17.35.030; or
C. One hundred (l00) percent conservation areas, as defmed by CYMC 17.35.030.
Prior to the e~ity's issuance of a land development permit or clearing and grubbing permit for
areas that contain sensitive biological resources, as defined by CYMC 17.35.030, and are within
the development areas of covered projects, as defmed by CYMC 17.35.030, the applicant shall
show compliance with all applicable provisions of previous project entitlements issued by the
4-26
eCity and with any applicable conditions of coverage listed in the Chula Vista MSCP subarea
plan, as determined by the director of plarming and building or designee.
Prior to the eCity's issuance of a land development permit or clearing and grubbing permit for
areas that will result in impacts to wetlands or to listed noncovered species, as defined by CVMC
17.35.030, the applicant shall obtain, and show compliance with, all applicable federal and/or
state permits. (Ord. 3005 ~ 1,2005).
15.04.018 Additional Planninl!:. Desim. Construction. and Post-Construction Requirements
for All Land DeveloDment and RedeveloDment Proiects.
The Citv of Chula Vista Development Storm Water Manual is a part of this Ordinance and is
incorporated bv reference as though set forth in full in this Ordinance. No land owner or
development proiect proponent in the Citv of Chula Vista shall receive anv City permit or
approval for land development activity or significant redevelopment activitv unless the proiect
meets or will meet the requirements of this Ordinance and the Development Storm Water
Manaul.
The Development Storm Water Manual includes. among other requirements, the following
requirements:
Phased grading during construction (limitation of grading to a maximum
disturbed area before either temporary or permanent erosion controls are
implemented)
Compliance with Low Impact Development (LID) principles
Compliance with Interim Hvdromodification Criteria and Hvdrograph
Modification Management Plan (HMP) requirements
Compliance with post-construction Best Management Practices self
inspections. maintenance, record keeping, and maintenance certification
The City of Chula Vista generallv accepts standards established in the most up-to-date
editions of the following documents for Best Management Practices, however, the Citv Engineer
will make the final determinatiion to approve or disapprove anv proposed BMPs:
Stormwater Best Management Practice Handbooks developed by the
California Stormwater Oualitv Association
Caltrans Treatment BMP Technologv Report
County of San Diego Low Impact Development Handbook
Long-term maintenance obligations of all proposed Best Management Practices must
be approved in an agreement that runs with the land in perpetuity prior to the issuance of
a grading or other construction permit.
15.04.020 Compliance with conditions and specifications required - Deviations from
standards permitted when.
4-27
Except as herein provided, all land development work done shall be done in accordance with
the conditions of the required permit, and shall conform to the approved plans, standard
drawings, specifications, landscape manual, subdivision manual, and general conditions as may
be determined by the eCity e.Engineer to be applicable to the work. Such documents are on file in
the office of the "City e.Engineer and shall be kept for public distribution in accordance with fee
schedules in said office. In connection with land development work, deviations from the
requirements of these standards may be permitted by the "City e.Engineer based upon written
reports and recommendations by qualified and recognized authorities subject to review by the
"City. (Ord. 3005 ~ 1,2995; Ord. 1797 ~ 1,1978).
15.04.025 Provisions not to affect other code requirements.
This chapter shall not affect the requirements of any other chapter of this code requiring
permits, fees or other charges, including those for sewer and services, or affect any provisions
concerning the granting of franchises. (Ord. 3005 ~ 1,2005; Ord. 1797 ~ I, 1978).
15.04.030 Facilities within public rights-of-way - Assignment of costs.
The following provisions of this section shall apply unless provision is made by an agreement
pursuant to CVMC 15.04.085 through 15.04.095:
A. The property owner shall pay the "City for all the cost of placing, repairing, replacing or
maintaining a "City-owned facility within a public right-of-way when the "City's facility has
been damaged or has failed as a result of the construction or existence of the owner's land
development work during the process of such work.
B. The costs of placing, replacing or maintaining the "City-owned facility shall include the
cost of obtaining a necessary alternate easement. (Ord. 3005 ~ 1,2005; Ord. 1797 ~ 1,1978).
15.04.035 Commencement and completion of work - Extension of time.
All land development work shall be executed in accordance with the provisions of this chapter
and the terms of the permit issued by the "City e.Engineer. Once commenced, work shall be
carried out diligently until completed. Unless otherwise specified upon the permit, all work shall
be completed within 180 days from the date of issuance of the permit. The "City e.Engineer may
grant one extension of time for the completion of the work. Such extension shall not exceed the
original length oftirne designated on the permit. (Ord. 3005 ~ 1,2005; Ord. 1797 ~ 1,1978).
15.04.040 Slopes - Design requirements generally.
The inclination of each cut or fill surface resulting in a slope shall not be steeper than two
horizontal to one vertical (2: I) except for minor slopes as herein defmed.
All constructed minor slopes shall be designed for proper stability considering both geological
and soil properties. A minor slope may be constructed no steeper than one and one-half
horizontal to one vertical (1.5:1) contingent upon:
A. Submission of reports by both a soil engineer and a certified engineering geologist
containing the results of surface and subsurface exploration and analysis. These results should be
sufficient for the soil engineer and engineering geologist to certify that in their professional
opinion the underlying bedrock and soil supporting the slope have strength characteristics
sufficient to provide a stable slope and will not pose a danger to persons or property; and
B. The installation of an approved special slope planting program and irrigation system. fGFEh
3005 ~ 1,2005; aId. 2128 ~ 2, 1985; Ord. 1797 ~ 1,1978).
4-28
15.04.045 Building pads - Design requirements.
All building pads and building sites shall drain to an approved drainage facility unless
otherwise approved by the eCity ef;ngineer. (Ord. 30G5 ~ 1, 2905; Ord. 1877 ~ 2, 1979; Ord.
1797 ~ 1,1972).
15.04.050 Embankment requirements - Soil engineer may be required.
A. Unless otherwise specified on the pennit, all embankments for land development work
shall be compacted in conformance with the provisions of the standard specifications. The permit
may require that an engineering geologist and/or soil engineer, as appropriate, be responsible for
the inspection and testing of the embankment work and inspection of excavations. The soil
engineer and engineering geologist, if one or both are required by the pennit, shall file with the
eCity ef;ngineer reports as required by CVMC 15.04.140 and 15.04.270(B).
B. Where, in the opinion of the eCity ef;ngineer, the construction of an uncontrolled
embankment would not be contrary to the public interest or welfare, a pennit for such land
development may be issued in accordance with CVMC 15.04.285. Plans for uncontrolled
embankment shall be complete in all respects except for soil analysis and compaction
requirements. Uncontrolled embankment slopes shall not be steeper than three horizontal to one
vertical (3:1). (Ora. 3005 ~ 1,2005; Ord. 1877 ~ 2,1979; Ord. 1797 ~ 1,197&).
15.04.055 Expansive soil grading requirements.
If, during the land development work, expansive soil is found within two feet in cut or three
feet in fill of the finished grade of any area intended or designed as the location for a building,
the permittee shall cause such expansive soil to be removed from such building area to a
minimum depth of two feet in cut or three feet in fill and replaced with nonexpansive soil
properly compacted; provided, however, the eCity ef;ngineer may, upon receipt of a report by a
soil engineer certifying that he has investigated the property and recommending a design or
footings or floor slab or other procedure that in his opinion will alleviate any problem created by
such expansive soil, waive the requirement that such expansive soil be removed and replaced
with nonexpansive soil. (Ord. 3005 ~ 1,2005; Ord. 1797 ~ 1, 19n).
15.04.060 Landscaping and irrigation system.
All cut and fill slopes shall be planted and irrigated in accordance with an approved plan. Said
plan shall be prepared in accordance with the eCity landscape manual and shall be approved by
the eCity ll,andscape aArchitect, and the aDirector of ~.!)Janning and bBuilding or designee, as
necessary. (Ord. 3005 ~ I, 2005; Ord. 2en ~ 2, 19%; Ord. 2128 ~ 3, 1985; Ord. 1797 ~ 1,
1912).
15.04.065 Slopes - Tops and toes to be rounded.
The tops and toes of all major slopes in public view shall be rounded in accordance with the
eCity standard drawings. (Ord. 3005 ~ 1, 2005; Ord. 1797 ~ 1, 1978).
15.04.070 Slopes - Blending into existing terrain.
All manmade slopes shall be blended into existing terrain to produce a natural-appearing
transition from the face of manmade slopes into natural ground. This blending shall be
accomplished in accordance with e~ity of Chula Vista standard drawings. Undulating tops and
4-29
toes of slopes and variable slope ratios should be used to achieve natural-appearing slopes. fGFEh
3005 ~ 1, 2905; Ore. 1797 ~ 1, 1978).
15.04.075 Slopes - Horizontal slope rounding.
Rounding shall be accomplished in accordance with the eCity of Chula Vista standard
drawings. (Ord. 3005 ~ 1, 2005; Ord. 1797 ~ 1, 1978).
15.04.080 Preservation of existing monuments.
All existing survey monuments shall be shown on the grading plan. Evidence indicating that
arrangements have been made for the preservation and/or relocation of existing monuments shall
be submitted to the eCity eEngineer prior to issuance of a land development permit. (Ord. 3905
~ I, 2095; Ore. 1797 ~ 1, 1978).
15.04.085 Work in conjunction with subdivision of property - Requirements generally.
A subdivider of land required to do land development work as the result or condition of the
approval of the tentative map shall perform such work under one of the following procedures, as
set forth in CVMC 15.04.090 and 15.04.095. (Ord. 3005 ~ 1, 2095; Ord. 1797 ~ I, 1978).
15.04.090 Work in conjunction with subdivision of property - Standard land development
permit - Requirements.
Should the subdivider desire to do certain land development work prior to entering into a
contract with the eCity to install and complete all subdivision and land development work, he
may make application to do so under a standard land development permit or clearing and
grubbing permit, if the land development work is limited to clearing and grubbing only. This
application shall be accompanied by detailed plans and specifications based upon the approved
tentative map and in conformity with the provisions of CVMC 15.04.017 and 15.04.040 through
15.04.075. A schedule and estimate based upon such plans and specifications shall accompany
the application. (Ore. 3005 ~ 1, 2005; Ord. 1797 ~ 1, 19n).
15.04.095 Work in conjunction with subdivision of property - Contract for completion of
improvements - Requirements - Bonds.
A. Should the subdivider desire to do certain land development work in conjunction and
concurrently with installation and construction of required public improvements, he may enter
into a contract with the eCity to make, install and complete all improvements and land
developments in accordance with approved plans and specifications.
B. Prior to any construction of improvements and/or land development work, the subdivider
shall have complied with and performed the following requirements:
I. Subdivider shall file with the eCity e~lerk detailed plans and specifications (or a
statement that work will be accomplished in accordance with standards and specifications of the
eCity) approved by the eCity eEngineer for all public improvements and land development
together with a detailed cost estimate approved by the e~ity eEngineer and an estimate of time
reasonably necessary to complete the same.
2. Subdivider shall enter into a contract with the eCity to make, install and complete within
the time fixed by the e~ity eEngineer, but in no case more than two years from the date of
execution of said contract, all improvements and land development in accordance with the
approved plans, and shall cause to be filed with the eCity eClerk a faithful performance bond .
4-30
payable to the eCity which shall ensure the performance of the contract and the completion of the
improvements and land development work. The subdivider shall additionally file with the eCity
eClerk a labor and material bond to inure to the benefit of those persons entitled to the protection
of Part III, Title IV, Chapter II of the Code of Civil Procedure. A cash deposit or letter of credit
may be submitted in lieu of bonds hereinbefore described. Bonds and other forms of guarantee
shall be in full conformity with the requirements for subdivision guarantees as set forth in the
subdivision ordinance codified at CYMC Title ll..
3. The bond or other guarantee shall be based on the eCity eEngineer's estimate of the cost
of the work and in accordance with the following schedule:
a. Faithful performance bond:
Public improvements: 50 percent of cost estimate,
Land development: 50 percent of cost estimate;
b. Labor and material bond:
Public improvements: 50 percent of cost estimate,
Land development: 50 percent of cost estimate. (Ord. 3005 ~ 1,2005; Ord. 1797 S 1,
197&).
15.04.100 Building construction - Land development permit required - Prerequisite to
building permit.
A. An owner of land desiring to do land development work incidental to and in connection
with the construction of a building or structure shall present an application and obtain a land
development permit or clearing and grubbing permit. The eCity eEngineer may require an on-site
field inspection of the rough grading phase of the work between representatives of the eCity's
eEngineering, pI'.lanning and efiuilding dDepartments and the permittee; civil engineer; soil
engineer; biologist, as defmed by CYMC 17.35.030; and engineering geologist, as appropriate,
before the issuance of a building permit. The permittee shall request a field inspection of the
rough grading phase, if required, five working days prior to the inspection. The rough grading
phase of the land development work described on form PW-E-106B shall be completed prior to
the issuance of a building permit except as provided below. The eCity may suspend any building
permit where it is found that land development work is being done or has been done without a
land development permit or clearing and grubbing permit until a land development permit or
clearing and grubbing permit is issued. The eCity may not certify to the completion of the
building where land development work has been done until a land development permit is
obtained and certified as complete.
B. Notwithstanding any provisions to the contrary in subsection (A) of this section, walls
which are designed and constructed to retain earth and are also integral portions of buildings may
be constructed under building permits concurrently with grading work within the project site.
(Ord. 3005 ~ 1,2005; Ord. 2128 ~ 1, 1985; Ord. 1877 ~ 2, 1979; Ord. 1797 ~ 1, 197&).
15.04.105 Damaged or disused public improvements - Notification - Corrective action
required.
The e!;:ity eEngineer shall notify the property owner of such damage or failure as set forth in
CYMC 15.04.030. The eCity may withhold certification of the completion ofa building or other
permitted work where a notice has been issued. (Ord. 3005 S 1,2005; Ord. 1797 S I, 1978).
4-31
15.04.110 Public to be protected from hazards during construction - Fences and barricades
required when.
During the land development work, the contractor and owner shall take all necessary measures
to eliminate any hazard resulting from the work to the public in its normal use of public property
or right-of-way. Any fences or barricades installed shall be substantially constructed and shall be
properly maintained as long as the hazard resulting from the work exists. (Oni. 3005 S 1,2005;
Ora. 1797 S 1, 197&).
15.04.115 Safety precautions.
If at any stage of the work the "City eEngineer determines that further land development work
as authorized is likely to endanger any public or private property or result in the deposition of
debris on any public way or interfere with any existing drainage course, the "City eEngineer may
require, as a condition to allowing the work to be continued, that such reasonable safety
precautions be taken as he considers advisable to avoid such likelihood of danger. The permittee
will be responsible for removing any silt and debris deposited upon adjacent and downstream
public or private property resulting from his grading operations. Silt and debris shall be removed,
and damage to adjacent and downstream property repaired, as directed by the "City eEngineer.
Erosion and siltation control may require temporary or permanent siltation basins, energy
dissipaters, or other measures as field conditions warrant, whether or not such measures are a
part of approved plans. (Ord. 3005 S 1,2005; Ora. 1877 S 2, 1979; Ord. 1797 S I, 1978).
15.04.120 Fence specifications - Modification permitted when.
A. Where a slope is created adjacent to a public right-of-way or other publicly used property,
and the top of slope is within 10 feet of the property line and the height of the slope is three feet
or greater and steeper than four horizontal to one vertical (4:1), a 48-inch-high fence shall be
erected between property line and the top of slope. The design of said fence shall be approved by
the "City eEngineer. "Publicly used property" is that property used frequently by persons other
than the residents.
B. The "City eEngineer may modify or delete the above requirements where it is evident that
the land development work will present no hazard to the adjacent property or public right-of-
way. (Ora. 3005 S 1,2005; Ord. 1797 S 1,1978).
15.04.125 Noncompliance.
A. If, in the course of fulfilling his responsibility under this chapter, the private engineer or the
soil engineer or biologist, as defined in CVMC 17.35.030, frods that the work is not being done
in substantial conformance with this chapter or the plans approved by the "City eEngineer or in
accordance with accepted practices, he shall immediately notify the permittee, the person in
charge of the land development work and the "City eEngineer, in writing, of the nonconformity
and of the corrective measures which should be taken.
B. In the event the work does not conform to the permit or the plans or specifications or any
instructions of the "City eEngineer, notice to comply shall be given in writing by the ,,~ity
eEngineer to the permittee. As soon as practical after a notice to comply is given, the permittee
or his contractor shall begin to make the corrections.
C. If the ,,~ity eEngineer frods any existing conditions not as stated in the application, land
development permit, clearing and grubbing permit, or approved plans, he may refuse to approve
4-32
work until approval is obtained for a revised grading or clearing and grubbing plan which will
conform to the existing conditions. (Ord. 3005 ~ 1,2005; Ord. 1797 ~ I, 197&).
. 15.04.130 Modification of approved plans.
A. Modifications of the approved grading or clearing and grubbing plan must be in writing and
be approved by the eCity e~ngineer and/or his designated representative. All necessary soil and
geological reports shall be submitted with any substantial proposal to modify the approved
grading plan.
B. No land development work in connection with any proposed modifications shall be
permitted without the approval of the eCity e~ngineer and/or his designated representative. EGffi,
3005 ~ 1,2005; Ord. 1797 ~ 1, 1978).
15.04.135 Responsibility of permittee - Compliance with plans and requirements.
All permits issued hereunder shall be presumed to include the provision that the permittee, his
agent, contractors and employees shall carry out the proposed work in accordance with the
approved plans and specifications and in compliance with all the requirements of the permit and
this chapter. The civil engineer shall file a report as specified in CVMC 15.04.140. (OrEl. 3005
~ 1,2005; OrEl.l797 ~ 1, 1978).
15.04.140 Completion of work - Final reports.
Upon completion of the work the following reports shall be filed with the eCity e~ngineer
unless waived by him:
A. A written statement by the private engineer that all land development work and/or
associated drainage facilities have been completed in conformance with CVMC 15.04.165 and
15.04.225.
B. An as-built plan of the completed work prepared by a civil engineer.
C. A final as-built soil engineer's report which shall include a written statement that
inspections and tests were made during the grading, and that in his opinion all embankments and
excavations are in accordance with the provisions of this chapter and the permit and are
acceptable for their intended use. Soil-bearing capacity (except where the eCity e~ngineer
determines such is inapplicable), summaries of field and laboratory tests and locations of tests if
not previously submitted, and the limits of compacted fill on an as-built plan shall be included in
the report. The report shall include reference to the presence of any expansive soil or other soil
problems which, if not corrected, would lead to structural defects in buildings constructed on the
site. If such report discloses the presence of such expansive soil or such other soil problems, it
shall include recommended corrective action designed to prevent structural damage to each
building proposed to be constructed upon the site. The final as-built report shall also contain a
seepage statement or study as appropriate.
D. A final as-built engineering geology report by an engineering geologist based on the as-
built plan, including specific approval of the grading as affected by geological factors. Where
required by the e!::ity e~ngineer, the report shall include a revised geologic map and cross-
sections and recommendations regarding building restrictions or foundation setbacks.
E. A [mal biology report, if determined necessary by the 4Director ofpElanning and e]2uilding
or designee, which includes an assessment of the impacts on sensitive biological resources
affected by the land development work. (Ord. 3005 ~ 1, 2005; Ord. 1877 ~ 2,1979; Ord. 1797
~ 1, 1978).
4-33
15.04.145 Notification of completion.
The permittee shall notify the e~ity eEngineer when the land development work is ready for
[mal inspection. He shall also notify the eCity l1andscape aArchitect and the dDirector of
I'I'Janning and 17.!1uilding, or designee, when planting and irrigation are completed. Final
approval shall not be given until all work, including installation of all drainage structures and
facilities, sprinkler irrigation systems, planting and all protective devices, has been completed
and any required planting established and all as-built plans and reports have been submitted. The
eCity eE.ngineer may accept in writing the completion of all work, or any portion of the work,
required by the permit issued in accordance with this chapter and thereupon accept said work or
portion thereof. (Onl 30G5 ~ 1,1005; OrG. 267& ~ 3, 1996; Ord. 1797 ~ 1, 1978).
15.04.150 Exemptions from applicability designated.
No person shall do any land development work without fIrst having obtained a land
development permit or clearing and grubbing permit, except for the following:
A. The depositing of materials in any disposal area operated or licensed by the eCity;
B. The making of excavation on any site or contiguous sites held under one ownership, in
which all of the following are characteristic of the work:
1. A cut slope having a maximum steepness of three horizontal to one vertical,
2. A cut having a maximum vertical depth of three feet at any point and a maximum average
depth of 18 inches,
3. No adverse effect upon an existing drainage pattern,
4. A top of slope no closer than one foot from an exterior boundary line, and
5. The movement ofless than 250 cubic yards of material;
C. The making of an embankment on any site or contiguous sites held under one ownership, in
which all of the following are characteristic of the work:
1. None of the embankment exceeds three feet in vertical depth or has an average maximum
depth in excess of 18 inches,
2. None of the embankment is placed on existing ground having a slope steeper than fIve
horizontal to one vertical (5: 1),
3. Proposed fIll slopes are no steeper than three horizontal to one vertical (3: 1),
4. The embankment does not change or adversely affect the existing drainage pattern,
5. Adequate provisions are proposed to protect the embankment from erosion,
6. The toe of the embankment is no closer than one and one-half feet to an exterior property
line, and
7. The total volume of embankment does not exceed 250 cubic yards of material;
D. Excavation for foundations of buildings, structures, basements, cellars, swimming pools or
basins which are authorized by appropriate permits obtained from the 1'I'.lanning and 17.!1uilding
dDepartment;
E. Excavation or embankment performed by a governmental agency, franchise holder, or its
contractor incidental to the construction of roadways, pipelines, or utility lines within its rights-
of-way;
F. "Foundations," as referred to herein, shall not be construed to include foundations for
retaining walls, drainage structures, or other structures appurtenant to the land development;
G. Routine maintenance of omarnentallandscaping;
H. Agricultural operations, as defmed pursuant to CVMC 17.35.030;
4-34
1. Maintenance of vegetation in accordance with an approved habitat management plan, or
other such similar plan, if consistent with such plan, and prepared pursuant to the Chula Vista
MSCP subarea plan;
1. Maintenance of vegetation in a designated fuel modification zone, consistent with the Chula
Vista MSCP subarea plan;
K. Clearing and grubbing in an area located entirely within a mapped development area, as
defined by CVMC 17.35.030, where it has been demonstrated to the satisfaction of the director
of planning and building, or designee, that no sensitive biological resources, as defined by
CVMC 17.35.030, exist;
1. Clearing and grubbing entirely located in a development area outside of a covered project,
as defined by CVMC 17.35.030, in an area that is one acre or less in size, is not part of a larger
contiguous clearing and grubbing project, and does not impact sensitive biological resources,
wetlands or listed noncovered species, as defmed by CVMC 17.35.030. (Onl. 3005 ~ 1,2005;
Ord. 1797 ~ 1,1978).
15.04.155 Contractor - Qualifications required.
Every person doing land development work shall meet such qualifications as may be
determined by the eQity eJ;;ngineer and/or director of planning and building to be necessary to
protect the public interest. The eCity eJ;;ngineer and/or dDirector of l"P.lanning and bBuilding
may require an application for qualification which shall contain all information necessary to
determine the person's qualifications to do the land development work. (OrEl. 3005 ~ 1, 2005;
Ord. 1797 ~ I, 1978).
15.04.160 Work to be performed by licensed contractor.
All land development work shall be performed by a contractor licensed by the state. EGr&.-
3005 ~ 1,2005; Ord. 1797 ~ 1,1978).
15.04.165 Inspection of land development work - Responsibility therefor.
A. City Engineer. The eQity eJ;;ngineer shall be responsible for all inspections of work not.
otherwise delegated to some other person. These inspections include, but are not limited to,
drainage facilities, fencing, and compliance with state and eCity regulations in regard to the
health and safety of the general public.
B. Private Engineer. The private engineer shall be responsible for all surveying work
necessary for proper construction of the grading and drainage facilities. He shall inspect the site
to ensure that the embankment and cut slopes are placed at their proper line and grade. He shall,
prior to the release of bonds and surety, provide a written statement that, in his professional
opinion, all work incorporated in the grading and drainage plans, authorized under the grading
permit to include grading, drainage, and construction of appurtenant structures, has been
constructed to the lines and grades in substantial conformance with the approved plans, and any
approved revisions thereto.
C. Soil Engineer. The soil engineer shall be responsible for the testing of compaction and
determination of stability of the various slopes. He shall, prior to release of the bond and surety,
provide a written statement that inspections and tests were made by him, or under his
supervision, and that, in his professional opinion, all embankments have been compacted to
eCity standards and in accordance with the earthwork specifications for the project.
4-35
D. Landscape Architect. All landscaping work shall be designed under the supervision of a
landscape architect; however, a registered civil engineer or registered architect may be
responsible for the inspection of all landscaping and irrigation required in accordance with the
grading permit and plans if it is in conjunction with a project he has been contracted to do. He
shall, prior to the release of the bond and surety, provide a written statement that in his
professional opinion all work incorporated in the landscape and irrigation plans authorized under
the permit has been constructed in accordance with the approved plans and revisions thereto.
E. Biologist. A biologist, as defmed by CVMC 17.35.030, shall be required to inspect all land
development or clearing and grubbing sites prior to work occurring in areas of sensitive
biological resources, as defmed by CVMC 17.35.030, to ensure compliance with the permit
issued pursuant to this chapter. The biologist shall identify areas to be protected with appropriate
staking and fencing, ensure that these sensitive biological resources, as defined by CVMC
17.35.030, are correctly identified on the grading or clearing and grubbing plan, and inspect the
staking and fencing after installation to ensure installation according to plan. In addition, the
biologist shall conduct an inspection after the work is completed. Prior to the release of the bond
and surety, the biologist shall provide a written statement that in hislher professional opinion all
work was conducted as authorized under the permit in accordance with approved plans and
revisions thereto.
F. Prior to the release of building permits for any given lot or lots, the private engineer shall
submit a statement (Form PW-E-I06B) as evidence that rough grading for land development has
been completed within standard tolerance in accordance with the approved plans, and that all
embankments and cut slopes and pad sizing are as shown on the approved plans.
The soil engineer will submit a statement that all embankments, under his direction, have been
completed to an indicated 90 percent relative compaction of dry density. (Ord. 3Q05 ~ 1, 2005;
Ord. 1 g77 ~ 2, 1979; Ord. 1797 ~ 1, 1918).
15.04.170 Transfer of responsibility for approval.
If the private engineer, soil engineer, landscape architect, engineering geologist, or biologist,
as defined in CVMC 17.35.030, of record is changed during the course of 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. 3005 ~ 1, 2005; Ord.
1797 ~ 1, 1(18).
15.04.175 Plans and reports to be prepared by engineers.
A. Plans for public improvements and land development work authorized under this chapter
shall be prepared by a civil engineer. Where soil or geologic reports or soil and geologic
investigations are required, the reports and investigations shall be prepared and conducted by an
engineering geologist andlor soil engineer as appropriate.
B. A seepage statement or study is required as a part of all soil reports. All soil engineering,
geologic, and geologic engineering reports shall consist of a preliminary and a final as-built
report. Whenever blasting is to be performed or bedrock is to be exposed, a seepage study must
be performed to determine method of handling excess water infiltration.
C. Plans prepared for land development work, which includes clearing and grubbing only,
shall be prepared with input from a biologist. (Ord. 3005 ~ 1, 2005; Ord. 1977 ~ 2, 1979; Ord.
1797 ~ 1, 1918).
4-36
15.04.180 Private contract performance bond - Required when - Issuance conditions
generally.
Persons performing private contract work under a permit issued in accordance with this
chapter shall furnish a bond/bonds or cash deposit or instrument of credit executed by the owner
or his agent, or both, as principal in accordance with the provisions codified in this section
through CVMC 15.04.215.
The performance bond/bonds shall be issued by a surety company authorized to do business in
the state and shall be approved as to form by the eCity aAttomey. The bond/bonds shall be in
favor of the eCity and shall be conditioned upon the completion, free of liens, of the work
authorized by the permit in accordance with the requirements of this chapter and the conditions
prescribed by the permit. Slope planting and irrigation bonds will be separate from the
performance bond requirements for appurtenant structures and grading. They will be held in the
office of the director of planning and building until satisfactory compliance with landscaping and
irrigation has been accepted. Card. 3005 ~ 1,2095; Ord. 1797 ~ 1, 1978).
15.04.185 Private contract performance bond - Conditions - Notice of default - Contents-
Effect.
The bond/bonds shall be conditioned upon the payment to the eCity of any costs incurred by
the eCity or its agent in completing the required work or performing work necessary to leave the
site in a nonhazardous condition and restoring habitat as may be needed. The bond/bonds shall
be further conditioned upon the payment to the eCity or its agents in completing the work
required to protect or repair adjacent public or private properties from damage from work
performed under the permit. Whenever the e!:.ity e~ngineer finds that a default has occurred in
the performance of any term or condition of work authorized by a permit, he shall give written
notice of such default to the principal and surety of the bond. Such notice shall state the work
remaining to be done, the estimated cost of completion and the time estimated by the e!:.ity
e~ngineer to be necessary for the completion of the work. After the receipt of such notice, the
principal or the surety must, within the time specified, either complete the work satisfactorily or
deposit with the eCity an amount equal to the eCity e~ngineer's estimate of the completion cost
plus an additional sum equal to 25 percent of such cost. Card. 3005 ~ 1, 2005; Ord. 1797 ~ 1,
1978).
15.04.190 Private contract performance bond - Principal or surety liable for cost of
completing work when.
In the event that the principal or surety fails to complete such work within the time specified
in the notice, or fails to deposit the estimated cost plus 25 percent with the e!:.ity, the e!:.ity
e~ngineer may cause the required work to be completed. The principal and the surety shall be
liable for the cost of completing such work. Card. 3005 ~ 1,2005; Ord. 1797 ~ 1, 1978).
15.04.195 Private contract performance bond - Liability of eCity for performance of
certain work.
If the principal or surety deposits the estimated cost plus 25 percent as set forth in the notice,
the eCity e~ngineer shall cause the required work to be completed. The unexpended money shall
be returned to the depositor at the completion of such work, together with an itemized accounting
of the cost. The principal and surety shall hold the e!:.ity blameless from any liability in
connection with the work so performed by the eCity or contractor employed by the eCity. The
4-37
eCity shall not be liable in connection with such work other than for the expenditure of said
money. COni. 3005 S 1,2005; Ord. 1797 S 1, 1975).
15.04.200 Private contract performance bond - Cash deposit accepted in lieu when -
Default correction procedure.
In lieu of a bond, the permittee may post a cash deposit with the director of fmance in an
amount equal to the required bond. Notice of default as provided above shall be given to the
principal, and if the default is not corrected within the time specified, the eCity eJ;ngineer should
proceed without delay and without further notice of proceeding whatever to use the cash deposit
or any portion of such deposit to complete the required work. The balance, if any, of such cash
deposit shall, upon the completion of the work, be returned to the depositor or to his successors
or assigns after deducting the cost of the work. COni. 3005 S 1,2005; ad. 1797 S 1, 19n).
15.04.205 Private contract performance bond - Not required when.
No performance bond under the provisions of this chapter shall be required from the state, or
any of its political subdivisions, or any governmental agency. Card. 3005 S 1,2005; Ord. 1797
S 1,1978).
15.04.210 Private contract performance bond - Required from certain contractors when-
Exception.
A contractor working for the state or any of its political subdivisions or any governmental
agency shall present a performance bond unless proof is submitted that the work is covered by a
bond inuring to the benefit of the state or agency. Card. 3005 S 1,2005; On!. 1797 S 1,1972).
15.04.215 Private contract performance bond - Conditions - Compliance with certain
terms and provisions required.
Every bond or other performance guarantee shall include conditions that the permittee shall:
A. Comply with all provisions of this chapter;
B. Comply with all terms and conditions of the land development permit or clearing and
grubbing permit;
C. Complete the land development work within the time limit specified in the land
development permit or clearing and grubbing permit. Card. 3005 S 1, 2095; Ord. 1797 S 1,
m&r.
15.04.220 Private contract performance bond - Method of estimating amount - Schedule.
The amount of the bonds or cash deposits covering a specific job shall be based on the amount
of the estimate submitted by the person doing the work and approved by the eCity eJ;ngineer and
in accordance with the following schedule:
A. Appurtenant structures: 100 percent of the estimated cost of retaining walls, drainage
facilities or other grading appurtenances;
B. Grading: 25 percent of the estimated cost. This percentage may be varied by the eQity
eJ;ngineer to fit conditions which are unusual in his opinion;
C. Slope planting and irrigation: 100 percent of the estimated cost of required landscaping and
irrigation facilities;
D. Maintenance of landscaping: 100 percent of the estimated cost of maintaining landscaping
for the period specified upon the permit;
4-38
E. Habitat restoration: 100 percent of the estimated cost of repairing or replacing sensitive
biological resources, as defined by CVMC 17.35.030, including short-term maintenance and
long-term monitoring (typically five years), as specified by a biologist. (Ora. 3QQ5 ~ 1, 2005;
Ord. 1797 ~ 1,197&).
15.04.225 Release of bonds/security.
Bonds and other security shall be released 35 days after filing a "notice of completion" with
the county recorder (recorded copy to eCity eBngineer) for improvements accepted by this eCity
and upon acceptance of completed Form PW-E-I06 ("request for release of bonds") submitted
by the permittee. This form is available in the office of the eCity eBngineer. Such form may not
be accepted until the end of the maintenance period for the required landscaping, unless a
separate bond is or has been submitted to guarantee maintenance of landscaping. (Ord. 3005 ~ 1,
2005; Ora. 1877 ~ 2,1979; Ord. 1797 ~ 1, 1978).
15.04.230 City eEngineer - Enforcement responsibility and permit issuance authority.
The eCity eBngineer shall enforce the provisions of this chapter. He shall, upon application by
qualified persons, issue permits in connection with land development work when all applicable
conditions established by this chapter for such permits have been met. (Ora. 3005 ~ 1,2005; Ord.
1797 ~ 1,1978).
15.04.235 City eEngineer - Powers and duties generally.
The eCity eBngineer shall cause land development work being done without a permit to be
stopped until a permit has been obtained. He may require that such work done without a permit
be removed or corrected, including habitat restoration, at the expense of the responsible person.
Where land development work involves an embankment improperly constructed or constructed
without adequate testing, he shall cause such embankment to be reconstructed or, in lieu thereof,
shall cause a declaration of improper land development to be recorded in the office of the county
recorder. He shall have work done in connection with land development to ensure compliance
with the provisions of this chapter and shall release the bond when such work is properly
completed. (Ord. 3005 ~ 1,2005; Ord. 1797 ~ 1,1978).
15.04.240 City eEngineer - Authority to determine applicable fees.
The eCity eBngineer shall determine the fees applicable under the provisions of this chapter.
(Ord. 3005 ~ 1,2005; Ora. 1797 ~ 1, 1978).
15.04.245 City eEngineer - Duty to consider certain recommendations and deny certain
applications.
When the nature of the work requested is such that it comes within the requirements of, or
affects the operation of, any other department of the eCity, the e~ity eBngineer shall obtain and
consider the recommendations of applicable e~ity departments in determining the disposition of
the application. He shall deny applications which are not in the interest of the public health,
safety or general welfare, or do not constitute a reasonable use of land as indicated by the
existing zoning or an approved land use plan. (Ora. 3005 ~ 1,2005; Ora. 1797 ~ 1, 197&).
15.04.250 City e~ngineer - Grounds for cancelling permit or amending plans.
4-39
The eCity e.I;ngineer may cancel a permit or may require the plans to be amended when it is in
the interest of public health, safety and welfare and under any of the following:
A. Upon the request of the permittee;
B. When the facts are not as presented by the permittee in application;
C. When work as constructed or as proposed to be constructed creates a hazard to public
health, safety and welfare. (Ord. 3005 ~ I, 2005; Ord. 1797 S 1, 1978).
15.04.255 Appeals - Authorized when - Determination authority.
An applicant may appeal the eCity e.I;ngineer's denial of, or the conditions of approval of, an
application for a land development or clearing and grubbing permit to the eCity council. fGFEh
3005 S 1, 2005; Ord. 1797 S I, 197&).
15.04.260 Appeals - Time limit for filing - Form.
The applicant for a permit issued pursuant to this chapter, or the permittee, may appeal to the
eCity eCouncil from any decision of the e~ity e.I;ngineer within -Wten working days after said
decision. Appeals shall be in writing and shall state the specific nature of the appeal. Appeals
shall be filed with the eCity eClerk. (Ord. 3005 S 1, 2GG5; Ord. 1797 S I, 197&).
15.04.265 Permits - Application - Procedure generally - Detailed plan required.
Applications for permits authorizing land development work shall be made in accordance with
procedures established by the eCity e.I;ngineer. Applications shall be accompanied by such
detailed plans, specifications and schedules as listed in the subdivision manual, landscape
manual, and as otherwise required by the eCity e.I;ngineer. See CVMC 15.04.290 and 15.04.295
regarding fees. (Ora. 30G5 S 1, 2005; Ora. 1797 S 1, 1978).
15.04.270 Permits - Application - Detailed plans and specifications required.
A. Detailed plans and specifications for land development shall include, but not be limited to:
1. Those requirements listed in the subdivision manual;
2. A vicinity sketch or other data adequately indicating the site location;
3. A plot plan showing the location of the land development boundaries, lot lines, and
public and private rights-of-way lines;
4. A contour map showing the present contours of the land and the proposed contours or
grid elevations. Contours will extend beyond the limits of grading at least 100 feet;
5. The location of any buildings or structures within the land development boundaries, and
the location of any building or structure on adjacent property which is within Bfifteen feet of the
land development boundary;
6. Typical sections showing details concerning proposed cut and fill slopes;
7. Adequate plans of all drainage devices, walk or other protective devices to be constructed
in connection with, or as a result of, the proposed work, together with a map showing the
drainage area of land tributary to the site and the estimated runoff of the area served by any
drainage facilities and devices;
8. An estimate of the quantity of excavation and fill involved, quantities relative to
construction of appurtenant structures, estimate of cost and estimated starting and completion
dates;
4-40
9. A landscape and irrigation plan indicating the total landscaped square footage, plant
quantity, spacing, type and location and the layout of the irrigation system, and an estimate of
cost of the landscaping and irrigation facilities;
10. A map, prepared by a biologist, as defined by CVMC 17.35.030, illustrating the
proposed land development work relative to sensitive biological resources in compliance with
the applicable habitat loss and incidental take permit issued pursuant to Chapter 17.35 CVMC;
11. An erosion control plan as may be required by the eCity ef:;ngineer or the director of
J3rlanning and b]2uilding.
B. A soil investigation may be required to correlate surface and subsurface conditions with the
proposed land development plan. The results of the investigation shall be presented in a soil
report by a soil engineer which shall include, but not be limited to: location of faults; data
regarding the nature, distribution, and strength of existing soil and rock on the site; the soil
engineer's conclusion; recommendations for grading requirements, including the correction of
weak or unstable soil conditions and treatment of any expansive soil that may be present; and his
opinion as to the adequacy of building sites to be developed by the proposed land development
operations. The soil engineer shall provide an engineering geology report by an engineering
geologist when required by the eCity ef:;ngineer. A seepage statement or a study is required as a
part of all soil reports. Whenever blasting is to be performed or bedrock is to be exposed, a
seepage study must be performed to determine method of handling excess water infiltration.
C. The eCity ef:;ngineer may require other data or information as he deems necessary. He may
eliminate or modify any of these requirements where, in his opinion, they will serve no practical
purpose. (Ord. 3005 ~ 1,2005; Ord. 1877 ~ 2, 1979; Ord. 1797 ~ 1, 1978).
15.04.275 Permits - Issuance - Prerequisites and contents.
The eCity ef:;ngineer shall issue permits for land development work upon approval of
applications and plans, receipt of the prescribed fees and bonds, and receipt of letters from the
private engineer, soil engineer, engineering geologist, landscape architect, biologist, and others,
as required by the eCity ef:;ngineer, that they have been retained by the permittee to perform the
work specified in CVMC 15.04.165. The permits shall include, or refer to, the conditions, plans
and specifications which shall govern the work authorized. (Ora. 3005 ~ 1,2005; Ord. 1877 ~ 2,
1979; Ord. 1797 ~ 1, 1978).
15.04.280 Investigations authorized and required when - Fee.
The eCity ef:;ngineer may require the payment of the prescribed fees for special investigations
when the proposed work or inquiries necessitate that special work be performed by the e~ity.
Special investigations shall include all requests for time extensions or variance requests and shall
be accompanied by the special investigation fee. (Ord. 3005 ~ 1,2005; Ord. 1797 ~ 1,1978).
15.04.285 Agreement required for uncontrolled embankments - Additional specifications.
A. Applications for land development permits involving uncontrolled embankments shall be
accompanied by an agreement signed by the property owner. The agreement shall be prepared by
the eCity eJ;:;ngineer and shall contain the following provisions and such other provisions as may
in the opinion of the eCity eJ;:;ngineer afford protection to the property owner and e~ity:
1. The land development work shall be designated as an uncontrolled embankment and shall
be constructed in accordance with plans approved by the eCity eJ;:;ngineer.
4-41
2. The owner acknowledges that, as an uncontrolled embankment, the site is not eligible for
a building permit unless special soil analysis and foundation design are submitted.
3. The land development work shall be done and maintained in a safe and sanitary manner
at the sole cost, risk and responsibility of the owner and his successors in interest, who shall hold
the "City harmless with respect thereto.
B. The agreement for uncontrolled embankments shall be approved by the eCity e~ouncil and
recorded by the "City e~lerk in the eOffice of the eCounty fRecorder as an obligation upon the
land involved. The notice shall remain in effect until release of the agreement is filed by the
eCity eEngineer. (Ord. 3005 ~ 1, 2005; Ord. 1797 ~ 1, 1978).
15.04.290 Fees - Collection - Method of estimation - Verification - Payment required-
Exemptions.
A. Fees required by this chapter shall be collected by the "City eEngineer and deposited with
the director of fmance. Such fees shall be as presently designated, or as may in the future be
amended, in the master fee schedule.
B. No permit shall be issued, and no land development work shall be permitted until the eCity
eEngineer has received the fees applicable under this chapter.
C. The state or any of its political subdivisions or any governmental agency shall file
applications for permits and shall be issued permits as required by this chapter. No fees shall be
required when the work is done by persons working directly for the state or agency.
D. The e~ity mManager, or his designee, may authorize, without advance appropriation, the
refund of fees required by this chapter to be collected, or such portion of the fees deemed
appropriate for refund by the eCity mManager (net of costs incurred by the eCity in processing
the permit application or unless the eCity has used the fees to construct facilities for a
development for which the fees were paid), if the ,,~ity mManager finds that the permit for
which they were collected has been revoked, surrendered or terminated without use by the
permittee and the refund is less than $100,000. All other refunds shall be authorized by the eCity
eCouncil. (Ord. 3005 S 1, 2005; Ord. 2591 S 1, 1991; Ora. 2011 ~ 1, 1982; Ord. 1797 S 1, 197&).
15.04.295 Fees - Schedule for computation.
Fees shall be as presently designated, or as may in the future be amended, in the master fee
schedule. (Ora. 3005 ~ 1, 20G5; Ord. 2506 S 1, 1992; Ord. 1961 ~ 1, 1982; Ord. 1797 ~ 1, 197&).
15.04.305 Fees - To be doubled in certain cases - Effect of imposition.
In the event that land development work is commenced without a land development or
clearing and grubbing permit, the "City eEngineer shall cause such work to be stopped until a
permit is obtained. The permit fee, in such instance, shall then be the normally required permit
fee, plus $500.00. The payment of the increased permit fees shall not relieve any person from
fully complying with the requirements of this chapter in the performance of the work. Such fee
shall defray the expense of enforcement of the provisions of this chapter in such cases.
When land development work commences without a permit and results in damage to sensitive
biological resources, as defmed by CVMC 17.35.030, restoration requirements (including
maintenance and monitoring) shall be imposed at the sole discretion of the director of planning
and building and the full cost of the restoration shall be borne by the property owner.
When land development work is inconsistent with a permit issued pursuant to Chapter 17.35
CVMC and results in damage to sensitive biological resources, as defined by CYMC 17.35.030,
4-42
restoration requirements (including maintenance and monitoring) shall be imposed at the sole
discretion of the director of planning and building and the full cost of the restoration shall be
borne by the property owner. The payment of such fees or penalties as described above shall not
prevent the imposition of any penalty prescribed or imposed by this chapter, Chapter 1.41
CVMC, or other federal or state law. (Ora. 3005 ~ 1,2005; Ord. 271& ~ 1, 1998; Ord. 1797 ~ 1,
1978).
15.04.310 Violations - Declared unlawful and public nuisance - Abatement authority.
Any land development work commenced, done, maintained or allowed, contrary to the
provisions of this chapter, shall be, and the same is hereby declared to be, tmlawfu1 and a public
nuisance. Upon order of the "City "Council, or upon the determination of the "City mManager or
the "City aAttorney, necessary proceedings for the abatement, removal and/or enjoinment of any
such public nuisance shall be commenced in the manner provided by law. Alternatively, the
procedures to abate under Chapter 1.30 CVMC may be used. Any failure, refusal, or neglect by a
responsible party to obtain a permit as required by this chapter shall be prima facie evidence of
the fact that a public nuisance has been committed in connection with any land development
work commenced or done contrary to the provisions of this chapter. (Ora. 3005 ~ 1,2005; OrE\.
2718 ~ 1, 1998; Ora. 1797 ~ 1,1978).
15.04.315 Abatement of dangerous conditions.
Where the "City e;Engineer determines that land development work has created a danger to
public or private property or has resulted in the deposition of debris on any public way or
interferes with any existing drainage course, the ,,~ity e;Engineer shall serve written notice on the
property owner, describing the condition and requiring that the property owner abate the
dangerous condition within -Wten days after the notice is received. If the property owner fails to
so abate the condition, the eCity e;Engineer may do so, in which event the property owner shall
be liable for all costs of such abatement, including, but not limited to, reasonable attorney fees.
The expenses of abatement shall be a lien against the property on which it is maintained and a
personal obligation against the property owner. (Ord. 3905 ~ 1,2005; Ord. 1877 ~ 3, 1979).
15.04.320 Emergency abatement by eCity - Liability for costs.
If it appears to the eCity e;Engineer that an emergency exists because land development work
has resulted in a danger to public or private property, then, without following the procedure
established by CVMC 15.04.315, the "City e;Engineer may order all work necessary to remove,
abate or mitigate the condition creating such emergency. The "City e;Engineer may do the work
with his own employees or may contract to have the work done; in either event, the ,,~ity
e;Engineer shall keep a record of the costs of the work and charge the cost of the work to the
property owner who shall repay the "City for the cost thereof. (Ord. 3005 ~ 1,2005; Ord. 1877
~ 3, 1979).
15.04.325 Costs of abatement - Special assessment procedure - Statutory authority.
The costs of abating a dangerous condition within the meaning of this chapter shall be
imposed as a special assessment against the land on which such abatement was done. Costs and
assessment procedures will be in accordance with Chapters 1.40 and 1.41 CVMC. The property
owner may raise and the "City mManager shall consider, as a complete or partial defense to the
imposition of the assessment, questions as to the necessity of the abatement and the means in
4-43
which it was accomplished. Pursuant to Government Code Section 38773.5, abatement costs
shall be transmitted to the tax collector for collection. This assessment shall have the same
priority as other eCity taxes. (Ord. 3005 ~ I, 20G5; Ord. 2718 ~ I, 1998; Ord. 1877 ~ 3, 1979).
15.04.330 Conflicts.
Except for exempt projects, if a conflict occurs between this chapter and Chapter 17.35
CVMC, the stricter regulation shall apply. (Ord. 3GG5 ~ 1, 2005).
4-44
Attachment C
SUMMARY OF THE CITY OF CHULA VISTA JURISDICTIONAL
URBAN RUNOFF MANAGEMENT PROGRAM, DECEMBER 2007
Purpose
The Jurisdictional Urban Runoff Management Program (JURMP) document is intended to
outline the City's strategy and provide staff with direction to reduce the discharge of pollutants
to and from storm drainage systems to the maximum extent practicable (MEP). This involves
improving existing programs and developing new programs intended to minimize or eliminate
the effects of urban runoff from the City on receiving water bodies. Improving the quality of the
discharge from storm drainage systems should have beneficial effects on the local receiving
water bodies.
The JURMP is intended to cover a period of about 5 years that coincides with the life of the
National Pollutant Discharge Elimination System Municipal Permit (Municipal Permit). The
current updated JURMP has been developed to address all requirements of and assure
compliance with the new Municipal Permit.
This summary has been prepared to facilitate information dissemination to the City Council. A
copy of the complete JURMP document, which is over 400 pages, is available at the City Clerk's
Office and can be provided upon request. Once approved, the JURMP document will be placed
on the City's Intranet HomePage for use by City staff.
Report Orl!:anization
The lURMP document follows the standard reporting outline jointly developed by the
Copermittees and includes the following sections:
Section 1 Introduction
The introduction includes a general regulatory background leading up to the creation of the
JURMP document and background information about the City.
Section 2 Administrative and Legal Procedures
This section identifies and describes the departments within the City that conduct and oversee
urban runoff management activities.
Section 3 Non-Storm Water Discharges
This section describes non-storm water discharge prohibitions and the City's approach to
controlling such discharges.
Section 4 Development Planning Component
This section addresses how the City will reduce discharge of pollutants from development
projects through its project approval process and Best Management Practice (BMP) maintenance
verification efforts.
Page C-l
4-45
Section 5 Construction Component
This section describes how the City will reduce discharge of pollutants from construction
activities though its construction and grading permit approval process, contract specifications,
and inspection procedures.
Section 6 Municipal Component
This section provides updated descriptions of municipal areas and activities including MS4
maintenance, street sweeping, power washing, and special events.
Section 7 Industrial and Commercial Component
This section provides updated information regarding verification of industrial and commercial
BMP implementation through the City's inspection program.
Section 8 Residential Component
This section provides a description of residential areas BMP implementation.
Section 9 Illicit Discharge Detection and Elimination Component
This section describes the processes by which illicit connections and illegal discharges (IC/ID)
are detected by the City.
Section 10 Education Component
This section describes the education programs and activities that will be used by the City for
each target community as described by the Municipal Permit.
Section 11 Public Participation Component
This section describes the mechanisms that will be used to encourage public participation in the
City urban runoff management-related programs.
Section 12 Fiscal Analysis Component
This section provides City revenue sources, expenditure categories, and the methods of reporting
the yearly fiscal analysis in the Annual Report.
Section 13 Effectiveness Assessment Component
This section provides the City's approach to annually assess the effectiveness of the JURMP.
Section 14 Modifications to the mRMP
This section provides an identification of the locations in the JURMP where changes have been
made to meet the new Municipal Permit requirements.
Section 15 Conclusions and Recommendations
This section describes conclusions and recommendations that were drawn from updates made to
the JURMP document.
4-46
Page C-2
Appendices
Appendix A Ordinances
Includes a letter from chieflegal counsel certifying that the City has taken the necessary steps to
obtain and maintain full legal authority to implement and enforce each of the requirements
contained in the City's Ordinances and the Municipal Permit. The City has revised ordinances as
part of the JURMP update process, where necessary.
Appendix B Inventories
Includes inventories of treatment control BMPs, construction sites, municipal facilities, and
industrial and commercial facilities.
Appendix C City Exceptions to California Storm Water Quality Association (CASQA)
BMP Fact Sheets
Provides notes regarding CASQA BMPs for industrial and commercial facilities.
Appendix D Implementation Tools and Procedures
Provides storm water quality inspection forms for treatment control
maintenance inspections, construction inspections, municipal
industrial/commercial inspections.
BMP operation and
inspections and
Appendix E Dry Weather Monitoring Program
Includes Dry Weather Monitoring Sampling Manual and a Dry Weather Monitoring Field Data
Sheet.
H:\NPDES\Agenda\2007 Ord, JURMP, Manual\A.ttachment C.doc
Page C-3
4-47
Attachment D
SUMMARY OF THE CITY OF CHULA VISTA DEVELOPMENT
STORM WATER MANUAL, JANUARY 2008
Purpose
The City of Chula Vista Development Storm Water Manual (Manual) is intended to provide
information to applicants for development, redevelopment, and public projects processed through
the City on how to comply with the permanent and construction storm water requirements. The
Manual further guides the project applicant through the selection, design, and incorporation of
storm water Best Management Practices (BMPs) into the project's design plan. The underlying
authority for requirements included in this Manual are derived from the National Pollutant
Discharge Elimination System (NPDES) Municipal Permit, Order No. R9-2007-0001 (Municipal
Permit), the City of Chula Vista Standard Urban Storm Water Mitigation Plan (SUSMP), and
Chula Vista Municipal Codes Chapter 14.20 and 15.04.
The Manual is intended to cover a period of about 5 years that coincides with the life of the
Municipal Permit. The Manual has been developed to address all requirements of, and assure
compliance with, the new Municipal Permit.
This summary has been prepared to facilitate information dissemination to the City Council. A
copy of the complete Manual, which is over 140 pages, is available at the City Clerk's Office
and can be provided upon request. Once approved, the Manual will be placed on the City's
website and made available to development project proponents.
Report Ore:anization
The Manual includes the following sections:
Sectionl Introduction
The introduction provides storm water pollution background information and legal or regulatory
requirements associated with storm water pollution control.
Section 2 Project Review and Permitting Process
This section outlines the project plan review and approval process for private and public
development and redevelopment projects. Applicants should use Section 2 as the roadmap to
navigate through the Manual and ensure storm water requirements are accurately and efficiently
incorporated into their projects during project review.
Section 3 Standard Urban Storm Water Mitigation Plan (SUSMP)
This section lists the permanent storm water BMP requirements for Priority Development Project
Categories as defmed in Section D.1.d of the Municipal Permit. This Section includes Low
Impact Development and Hydromodification Management requirements for development and
redevelopment projects.
Page D-1
4-48
Section 4 Water Quality Technical Report Guidelines
This section includes a checklist of specific information to be included in a Water Quality
Technical Report and minimum requirements for the preparation of such reports.
Section 5 Best Management Practices Design Criteria
This section provides information on national and regional standards for the design and
implementation of construction and permanent BMPs. Although design criteria referenced in
this section are generally acceptable to the City of Chula Vista, the City reserves the right to
exercise sole and ultimate discretion regarding the fmal approval ofBMPs.
Section 6 Standard Permanent Storm Water Best Management Practices
This section provides information on permanent BMP requirements for those development or
redevelopment projects that are not Priority Development Projects and do not need to prepare
Water Quality Technical Reports. Such projects, however, are required to implement permanent
BMPs, as described in this section, when applicable to the project.
Section 7
Standards
Construction Storm Water Best Management Practices Performance
This section describes the City's storm water standards for the construction phase of the
development projects. It also includes the Advanced Treatment Requirements.
Section 8 Implementation and Maintenance Requirements
This section describes requirements for the implementation and maintenance of construction and
permanent BMPs for all development and redevelopment projects, including execution of a
maintenance agreement with the City of Chula Vista, when applicable.
Section 9 Definitions
This section includes a list of terms used throughout this Manual and their defmitions.
H:\NPDES\A.genda\2007 Ord, JURMP, Manua1\Attachment D.doc
4-49
Page D-2
9201 Spectrum Center Blvd.j Suite 110
San Diego, CA 92123.1407
P 858.450.1221
F 858.552.1445
www.biasandlego.org
PRESIDENT
Sherman O. Harmer, Jr,
Urban Housing Partners, Ino.
Attachment E
r anuary 21, 2008
Mr. Khosro Aminpour, P.E.
Oty of Qula Vista
Storm Water Management Section
(Sent Via E-mail)
VICE. PRESIDENT
Andrew Murphy . RE:
American Property Emerprises
TREASURER I SECRETARY
Bob Cummings
Barratt American
IMMEDIATE PAST PR61DENT
Scott Brusseau
Newport National Corporation
CHIEF EXE.CUTIVe OFF1CER
Paul A. Tryon
AFFIUATES
California Building
Industry Association
National Association
of Home Builders
National Association
of Industrial and
OHice Properties
BIA Comments on City of Chula Vista Stormwater Manual
Dear Khosro:
Thank you for the opportunity to provide comments on the Draft Chula Vista
Storm Water Manual. The Building Industry Association submits these
comments as a compilation of comments from various engineering, water
quality, and development companies doing business in the City of Chula
Vista as well as other parts of the San Diego Region.
The new NPDES Permit is very ambitious and contains new requirements
such as Low Impact Development infiltration techniques which are largely
untested and potentially incompal:1ble with the soil concii tions in the San
Diego Region. For this reason, we urge the city to tread cautiously in
enforcing new regulations. .'
We also encourage the city to grandfather approved discretionary projects
under the city's existing manual. Please see our comments on pages 1-4 and
2-2. .
Lastly, we encourage the city to continue to work on regional solutions to the
storm water problem. With most cities in the San Diego region approaching
the limits of outward growth and with future growth likely to occur in
existing developed areas, focusing exclusively on new development will do
little to solve the bigger water quality problem coming from existing
development.
We look forward to working with the city as these regulations are
implemented and refined.
cco Oty Manager David Garcia
BUilDING INPUSTlY A-S'SOi;IATlON Of SAN DIEc;.O COUNTY
4-50
BIA Comments on Draft Chula Vista Stormwater Manual
Page ii
During the life of this manual, changes in regulatory requirements, technological
advances in available Best Management Practices (BMPs), or better assessment of BMPs'
effectiveness may result in changes in the City's requirements. These changes may ~
result in an update of this manu The Ci of Chula Vista reserves the right
to im ose additional re uiremen . .
and maintain final discretion for the a
For the latest requirements please contact the City of Chula Vista Engineering
and General Services Department or the Department of Public Works Storm Water
Management Section.
We found the original language very heavy-handed. We believe the city will make the greatest
progress in improving the water quality of stormwater rnnoff by working cooperatively with the
development industry as well as other stakeholders.
Page 1-4, Last Paragraph (ALSO SEE PAGE 2-2. Section 2.D
We strongly recommend that any applicability language be modified to recognize
lawful prior approvals (e.g., approved Tentative Maps) and we recommend that the
manual itself not contain applicability language. The new Municipal Permit
specifically uses the term "proposed projects" when outlining the requirements for
cities to update their stormwater manuals (See Section D.le. of the Muncipal Permit).
These new development standards are intended to apply to "proposed projects," not
approved projects as the city's draft manual states. It is also inconsistent with
standard practice, impractical and infeasible to require approved projects (projects
with approved TM's or other discretionary approvals) to essentially redesig11 their
entire project to meet the new stormwater requirements.
We recommend this language be modified as follows and be removed from. manual and instead
serve as an administrative guidance policy for Development Services:
1
4-51
BIA Comments on Draft Chula Vista Stormwater Manual
Vista Development and Redevelopment Projects Storm Water Management Standards
Requirements Manual dated November 26, 2002.
Page 1-5 (ADD NEW SECTION)
We recommend the following section and language be added after Section HI:
-
. .' ',.. . - . ,~ . . ." ""." .. . . .
. " . ,- ."' ..
Page 2-2. Section 2.1
Remove the first part of this paragraph (see comment on page 1-4) and modify the last two
sentences as proposed:
2
4-52
BIA Comments on Draft Chula Vista Stormwater Manual
The project d
ermanent BMPs
in order for the application package to be
deemed complet~. For p~blic pr~jects, .the ~..ro'.~. m. ana er will review and
_~e requIred BMP information prIor to. ..' . " _ . ~
Page 2-3, "Prioritv Proiect Requirements"
Projects subject to priority project permanent storm water requirements must
incorporate~~~~
~~ in Section 3, "Standard Urban Storm Water
Mitigation Plan (SUSMP)," into the project design.
Page 2-4, Permanent Storm Water BMPs
The following edits take what is a subjective determination and make it a determination
consistent with the city's manual.
a. Standard Requirements (refer to Form 5501). Development Projects subject to
~ standard ~~ BMP requirements must complete and incorporate II
~~"BMP~~-"
",;. _ ~', _:.\ s., ,~." J!"illu"JJ .,", '-" : ',~ ,:;es..,"~ 3 .';." '_, '.'. ".",__ ~
~_ into the project plans prior to submittal, regardless of project type. . . .
b. Priority Proiect Requirements (refer to Section 3). Development Projects subject
to the priority project ~ permanent BMP requirements must complete all of the
analyses required in Section 3 (SUSMP Requirements). Applicants must incorporate It
m~permanentBMPs~~itf~~~"
~~ into the project plans prior to submittal, regardless of project type.
Form 5500 and Form 5501
These forms should be put in the appendix.
3
4-53
BIA Comments on Draft Chula Vista Stormwater Manual
Form 5501 Section 2 -' Certification
The property owner must sign this section certifying that they understand the City's
permanent standard BMPs requirements for storm water management on development
and redevelopment projects and will implement ~ and _lEt
_ maintain the selected BMPs ~
~. The following certification must be signed and submitted with the permit
application package.
I have read and understand that the City of Chula Vista has adopted Permanent
Standard BMPs requirements for storm water management of development projects. I
certify that the BMPs applicable to the project as marked in the Checklist in Section 1 of
this form will be implemented to effectively minimize the potentially negative impacts
of this project on storm water quality. I further agree ~~
~~ to ~, maintain the implemented BMPs ~
~. I also understand that non-compliance with the City's Storm Water
and Grading Ordinances may result in enforcement action by the City including
citations, civil penalties, or other actions as provided in the Chula Vista Municipal
Code.
Property Owner Name:
Signature:
Date:
Form 5501 Section 3 - Standard Permanent gtanaani BMPs
General Comment: It is not clear why these design requirements of Section 3 are included on
FORM 5501. Perhaps the form should either reference the appropriate section of the manual or
include them as an andendum or attachment to the form. We l"ecommend the following changes
to the design guidelines in Section 3 of the form. Section 3 of the manual should also be changed
accordingly.
A.
Site Design BMPs
Add the following language:
~-.~.~
-"'j'-
~
4
4-54
BlA Comments on Draft Chula Vista Stormwater Manual
.~
.
',. ,'_._'.""~,;,:' ~..-.:_'.....:;'~,_'...,,~_ ~~_.'__'..~.::2~, ',: ',.,' '.'..!"", ;', -,.. " " - ',,-. ~, '.
n.V~ . ..-.. ......u
~~
~
' , " ", " l" . . .~
A!. Minimize Project's Impervious Footprint & Conserve Natural Areas
~: ~~conservenatural
areas where feasible.
c. ~ construct ~ walkways, trails, patios,
overflow parking lots and alleys and other low-traffic areas with permeable surfaces
d. Construct streets, sidewalks and parking lot aisles to the minimum acceptable
widths.
e. ~~.:m~e.~~~~.;~wate~~~nse:va~~,. . .
f. ~~~.A~_~
g. Use natural drainage systems to the maximum extent practicable.
h. Other site design options thst are comparable, and equally effective, as approved
by the City.
Page 3-2. Background
This section needs to state clearly that public projects, including public roads, are subject to all of
the sa:me requirements as private projects.
Page 3-5 Section 3.11. 2nd Paragraph. Last Sentence:
Page 3-13. Identify Pollutants of Concern
These criteria should be represented in a simple flow chart or graphical if possible.
Page 3-14. Last Paragraph:
Hydromodification is not event based analysis. It should only be necessary to develop rainfall
runoff characteristics for the 24-hour.duration.
5
4-55
BIA Comments on Draft Chula Vista Stormwater Manual
Page 3-16, Development Proiects Disturbinl!: 50 acres or more are exempt...
Add the following exemptions:
5_
~ ,. ".,',',;'. ',. -" " '~.',.'..',' ,<... - - ..,....:-,:... ......
-
. . .
. '. .",'..". ~. ," ..' ..... " . ~'.' ,", '. '. '
e.
Page 3-16. 2nd to last paral!;raph:
It is anticipated that early in 2010, the Interim Hydromodification Criteria requirements
will be replaced by the Final Hydromodification Management Plan (HMP), in which
case the new requirements will be applicable to ~~ development
and redevelopment projects from the effective date of the Final HMP.
Page 3-17, 2nd Paragraph:
In addition, ~ LID ~Site Design --tkr Source Control BMPs ~
~i~,1~~7 such as rooftop runoff treated in landscaping, ~
~~':\1~~the quantity of runoff required to be
treated in Section VI.2.c, "Treatment Control BMPs."
Pal!:e 3-17, 3rd Paral!;raph:
Priority Development Projects that are anticipated to generate a Primary Pollutant of
Concern shall meet ~~ requirements ~~1n Section VI.2 ml
~_~~andshallselectasingleor
combination of storm water BMPs from Table 3.3, which maximizes pollutant removal
for the particular Primary Pollutant(s) of Concern.
Page 3-20, Table 3.3 Treatment Control BMP Selection Matrix
We recommend adding Infiltration Trenches, Infiltration Basins, Retention,IIrrigation, Vegetated
Swales, Vegetated Buffer Strip, Water QualitY Inlets, and Drain Inserts as additioruU Treatment
Control BMP's in Table 3.3.
Page 3-20
It is not clear where these descriptions came from.
1. Bioretention Facilities (infiltration planters, flow-through planters, bioretention
areas, and bioretention swales). Facilities are designed to captu:re runoff and
infiltrate slowly through soil media, which also supports vegetation.
6
4-56
BIA Comments on Draft Chula Vista Stormwater Manual
~i~reter:tior: facili~es, except for flo~. thr. ouO"~... .l:o:n. ter~, effectiv~y pro.~~te
infiltration mto native soils. In ~enn,". " '.. ~ clay soils, facihties
may capture excess treated runoff in an underdrain piped to the municipal storm
drain system. Typical criteria: an infiltration surface area at least 4 % of tributary
impervious area, 6-inch average depth of top reservoir, l8-inch soil layer, l2-inch
to l8-inch gravel subsurface storage layer.
2. Settling Basins and Wetlands (extended detention basins, "wet" basins,
decorative or' recreational lakes or water features also used for storm water
treatment, constructed wetlands). Facilities ~ designed to capture ~
.,'m.
". _ ..', ',,"..',.'_.... ",.<.-.'..~_:.:. .,-:.___ ..... -. -, , ,'"' '-""l.. . ":"''':-=0 ..... ,~~~
IB and detain for a minimum of 48 hours. Some wetland designs have
proven effective in removing nutrients, but performance varies.
1. Infiltration Facilities or Practices (infiltration basins, infiltration trenches, dry
wells, dis~sal of runoff to landsca e, ervious avements). These facilities and
landsca e ca ture, retain, and infiltrate
Infiltration
facilities are generally only feasible in permeable (Hydrologic Soil Group A or B)
soils. Volume and area of infiltration facilities de ends on soil ermeability and
safe factor used. - .
4. Media Filters (sand filters). Filters designed to treat runoff produced by a
rainfall of 0.2 inches per hour (or 2 x 85th percentile hourly rainfall intensity) by
slow infiltration through sand or other media. Typical criteria: Surface-loading
rate not to exceed 5 inches Ihour. Entire surface of the sand must be accessible
for maintenance.
5. High Rate Biofilters (tree wells, typically proprietary). Biofilters with specially
designed media to rapidly filter runoff while removing some pollutants. 1m
.
. -, l' -m ":!Q1""':'- ._..,.,..~,. . ',-' '" ~"'" '''ii~ .;....",'., .', .:I!Cil'" , "', ' .: ,".
~
7
. 4-57
BIA Comments on Draft Chula Vista Stonnwater Manual
6. . High-rate Media Filters (typically proprietary). Vaults with replaceable
cartridge filters filled with inorganic media.
7. Drainage Inserts currently available have low effectiveness in removing
pollutants that tend to associate with fine particles and have medium
effectiveness in removing coarse sediment and trash. The Permit requires the
removal of obsolete or ineffective BMPs from the list of acceptable BMPs. The
City of Chula Vista has removed Drainage Inserts from Table 3, Treatment
Control BMP Selection Matrix. Drainage Inserts may III be used ~
~ to augment more effective treatment facilities
or sometimes used alone when more effective facilities have been deemed
infeasible at the City's discretion.
Page 3-21
Add the following language (from City of San Diego Draft Stormwater Manual):
.~-~
-
fji~~
_~, '.. .' m.. ~ '.' ..,n;
~a
.~
~~~
. ., - - , .' .- . -,-.-,- . '.. ..'" -,
~
-~----~
" _ ," ',.,. 'ii:"' '. e:JilnlQ:~... . "-'" ~. R' 'S;':0~G::Ol~~i~:. .
-
8
4-58
BlA Comments on Draft Chula Vista Stormwater Manual
Page 3-21, Low Impact Development (LID) and Site Design BMP's
This section should reference section 1.III, Public Health and Safety Standards for the Built
Environment (proposed for addition to this manual), to ensure that geotechnical concerns are
addressed in the selection and design of LID BMP's. It should also state clearly that public
projects, including public roads, are subject to all of the same requirements as private projects
and that all BMP's for public I1roiects. including LID. source control and treatment
control BMP's, and hvdromodification facilities need to be included within the
footvrint of those facilities.
The first design technique shou.ld be rephrased to reference the city's MSCP regulations.
9
4-59
BIA Comments on Draft Chula Vista Stormwater Manual
Paf!:e 3-22
Step 1: Objective: ~iAli~
Rainfall Runoff Characteristics
It is not physU:ally possible under any circumstances to maintain pre-development rainfall
runoff characteristics and the NPD ES Permit does not require this standard. The objective
should be to attempt to mimic pre-project rainfall runoff characteristics.
Page 3-26, Step 7
Add a section addressing Public Roads.
Page 3-31, Step 10
This step should reference the proposed Section 1.III to ensure that geotechnical concentS a:re
properly addressed.
Page 3-36, Site Desi~ BMPs
We recommend removing the list of Site Design BMPs and instead just referencing the list in
Section 2. Repeating the list througlwut the document can lead to inconsistencies.
Page 4-2, h.
h. Mitigation measures to prevent increases in downstream erosion and~
~~'i'il';i Hydromodification implementation to MEP, including:
. .~ hydrological calculations to demonstrate compliance with the
Interim Hydromodification Criteria or. ..
Page 4-4, Last bullet, "Impact of the project on hvdrologic regime..."
This bullet slwuld clarify that it only applies to projects which are subject to the interim
hydromodification requirements. Again, Hydromodification is not event based analysis. It
should only be necessary to develop rainfall runoff characteristics for the 24-hour duration.
Page 4-5, c. Structural Treatment BMP's
Type of BMPs selected for treatment control. Note that the City of Chula Vista ~
~ accept treatment control BMPs with low pollutant removal efficiencies ~
~'...''''-'''_.
~-~',"
..". ',."
10
4-60
BIA Comments on Draft Chula Vista Stormwater Manual
Page 4-6, 6, Geotechnical/Soils Report
Consider referencing the City of San Diego Geotechnical Guidelines.
Page 6-2 Section 6
It should not be necessary to restate all the design requirements. Including the same detailed
. design guidelines throughout the manual creates the potential for inconsistencies as the manual
is revised over time.
Page 7-3 Performance Standards
Performance standards shall include:
a. ~~ increaseg pollution in runoff from the site ~
~.
b.~!mslopeerosion~m:.
c. ~watervelocity movingoffsite~~~
~~~.
These performance standards need to be tied to the "MEP" standard of performance. The
standards as proposed are not achievable.
Page 7-7, Limitations on Grading, Advanced Treatment
These two sections are only applicable during the wet season. This section of the manual should
be relabeled to incorporate these two sections' under the Wet Season Requirements.
Page 7-7, Limitations on Grading
The area that can be cleared or graded and left exposed at one time is limited to the
amount of acreage that the owner! contractor can adequately protect prior to a
Predicted rainstorm. ~
.
'. ".- ....-
. , '- . .. - . '.,.'
~~~-_...
.
.
:-",~ -.." . "',. : :-~ ~~p.'. ~ " '" ~ . -. - ' ',:. ~:'.' . ';'<O;ho ..:;\' ~'-.,..',"; '". ..iM., -
11
4-61
BlA Comments on Draft Chula Vista Stormwater Manual
.........~...
. . ",' . ..'-- . ' ", ' -. " --. - , -.. ' """" . . ,
.
~.~.lt
" _" ',' . _, _ '_ - " - __ _ ' '. ..,~~. " ~ may
mJf be necessary to deploy erosion and sediment control BMPs in areas that are not
completed but are not actively being worked before additional grading is done.
12
4-62
Attachment F
February 4, 2008
File # 0780-70-KYI81
Building Industry Association of San Diego County
9201 Spectrum Center Blvd., Suite 110
San Diego, CA 92123-1407
Attention:
Mr. Scott C. Molloy, Public Policy Advocate
SUBJECT:
CITY OF CHULA VISTA DEVELOPMENT STORM WATER MANUAL
RESPONSE TO COMMENTS DATED JANUARY 21, 2008
Dear Mr. Molloy,
The City of Chula Vista appreciates comments provided by the Building Industry Association of San
Diego County (BIA) on the draft Chula Vista Development Storm Water Manual (Manual). City staff has
carefully considered all comments in your letter, and to the extent possible, has made revisions to the
Manual to accommodate those comments.
As you are aware, the National Pollutant Discharge Elimination System (NPDES) Municipal Permit,
Order No. R9-2007-0001 (Municipal Permit) regulates the City's storm water program as well as
activities by businesses and developers within the City. The Manual contains a reiteration of Municipal
Permit requirements and regulations on development and redevelopment projects, while providing more
detailed and step-by-step guidelines to facilitate a better understanding of the City's requirements and
permitting processes.
Several ofBIA's comments are on Section 3 of the Manual. Section 3 is the City's local Standard Urban
Storm Water Mitigation Plan (SUSMP). The Chula Vista SUSMP is based on a Model SUSMP that was
developed by all Copermittees of San Diego County and approved by the Regional Water Quality Control
Board on June 12, 2002. Subsequently, the Copermittees collaborated to update the Model SUSMP as
required by the Municipal Permit. While minor adjustments by each jurisdiction to the SUSMP are
possible, the main requirements are region-wide and cannot be altered.
Please fmd attached responses to BIA's comments. Should you have any questions or if you need further
information, please call Khosro Aminpour, Senior Civil Engineer, at (619) 397-6111. Thank you.
SILVESTER EVETOVICH
PRINCIPAL CIVIL ENGINEER
Attachment
Cc: Dave Byers, Director of Public Works
Matt Little, Assistant Director of Public Works
H:\NPDES\New Permit\Storm Water Manua1\Related Files\Response to Comments from BlA.doc
4-63
BIA
February 4,2008
CITY OF CHULA VISTA
RESONSES TO COMMENTS PROVIDED BY THE BUll.DING INDUSTRY
ASSOCIATION OF SAN DIEGO COUNTY
ON
THE CITY OF CHULA VISTA DRAFT DEVELOPMENT STORM WATER MANUAL
COMMENT # 1
Page ii
During the life of this manual, changes in regulatory requirements, technological advances in
available Best Management Practices (BMPs), or better assessment of BMPs' effectiveness may
result in changes in the City's requirements. These changes may ftet-result in an update of this
manual,; hmvever, tIhe City of Chula Vista reserves the right to impose additional requirements
as new feasible and proven technologies become available 'oYaeRever Reeessary and maintain
fmal discretion for the approval of project submittals at any time and without notice. Any
changes to the City's manual will be publicly noticed and formally submitted for a public reyiew
period of not less than 30 days. For the latest requirements please contact the City of Chula
Vista Engineering and General Services Department or the Department of Public Works Storm
Water Management Section.
We found the original language very heavy-handed. We believe the City will make the greatest
progress in improving the water quality of stormwater runoff by working cooperatively with the
development industry as well as other stakeholders.
RESPONSE # 1
The Manual is updated approximately every five-years concurrent with the re-issuance of the
NPDES Municipal Permit, or when major changes are required. The note provided on Page ii is
intended to cover unanticipated minor changes in regulations, City's permitting processes, or
effectiveness assessment of Best Management Practices. Updating the Manual is a costly and
time consuming process and may not be feasible for minor changes. Please see revised language
below:
This Manual is updated approximately every five-years concurrent with the re-issuance of the
National Pollutant Discharge Elimination System (NPDES) Municipal Permit for San Diego
County. During the life of this Manual, changes in regulatory requirements, technological
advances in available Best Management Practices (BMPs), or better assessment of BMPs'
effectiveness may result in changes in the City's requirements. These changes may not result in
an update of this Manual; however, the City of Chula Vista reserves the right to impose
additional requirements when necessary to assure compliance with NPDES regulations. Any
fundamental changes to the Manual will include public participation. The City maintains [mal
discretion for the approval of project submittals. For the latest requirements please contact the
City of Chula Vista Engineering and General Services Department or the Department of Public
Works Storm Water Management Section.
I
4-64
BIA
January 28, 2008
COMMENT # 2
Page 1-4, Last Paragraph (ALSO SEE PAGE 2-2, Section 2.1)
We strongly recommend that any applicability language be modified to recognize lawfUl prior
approvals (e.g., approved Tentative Maps) and we recommend that the manual itself not contain
applicability language. The new Municipal Permit specifically uses the term "proposed
projects" when outlining the requirements for cities to update their stormwater manuals (See
Section D.Ic. of the Municipal Permit). These new development standards are intended to apply
to "proposed projects," not approved projects as the city's draft manual states. It is also
inconsistent with standard practice, impractical and infeasible to require approved projects
(projects with approved TM's or other discretionary approvals) to essentially redesign their
entire project to meet the new stormwater requirements
We recommend this language be modified as follows and be removed from manual and instead
serve as an administrative guidance policy for Development Services:
All development or redevelopment projects that submit a development application (e.g.. an
application for a Tentative Map) oataiR their Graeiag, CeRDtruetioR, BuilEiiRg, or CORditiellal
Use Permit, or e.ay other required developmcllt permit on or after Jamlll.ry March 24, 2008 are
required to comply with the requirements of the NPDES Municipal Permit, Order No. R9-2007-
0001 and this Manual, irrespeeH'/e of the project aeing clffi"ently under re'/iew or if other
pre'/ioHs approyals hltye aeeR obtaiRed. All other development or redevelopment projects ~
have oataiRed their GradiRg or BHildiRg Permits prior to January 2'1, 200&, are required to
comply with the requirements of the NPDES Municipal Permit, Order No. 2001-01 and the City
of Chula Vista Development and Redevelopment Projects Storm Water Management Standards
Requirements Manual dated November 26, 2002.
RESPONSE # 2
Municipal Permit Section D.l.c states "For all proposed Development Projects, each
Copermittee during the planning process and prior to proiect approval and issuance of local
permits shall prescribe the necessary requirements so that Development Project discharges of
pollutants from the MS4 will be reduced to the MEP. .. "
Footnote 3 on Page 17 of the Municipal Permit states "Updated SUSMP and hydromodification
requirements shall apply to all priority proiects or phases of prioritv proiects which have not vet
begun grading or construction activities at the time anv updated SUSMP or hvdromodification
requirement commences. If a Copermittee determines that lawful prior approval of a project
exists, whereby application of an updated SUSMP or hydromodification requirement to the
project is infeasible, the updated SUSMP or hydromodification requirement need not apply to the
project."
The Municipal Permit was promulgated on January 24, 2007. City staff has been informing
development project applicants of the upcoming new requirements and the requirements of the
Manual should not be new concepts to developers. An application for a Tentative Map or the
approval of a Tentative Map, as suggested by the BIA cannot be set as cutoff for implementing
new requirements, since it does not meet the intent of the above Municipal Permit requirements.
No change proposed.
2
4-65
BIA
January 28, 2008
COMMENT # 3
Page 1-5 (ADD NEW SECTION)
We recommend the following section and language be added after Section 1.11:
III. Public Health and Safety Standards for the Build Environment:
The new stormwater requirements have the potential to create conflict with existing public health
and safety codes, including but not limited to the city's building codes, street standards, and
requirements and standards related to wet and dry utilities. Low Impact Development infiltration
techniques may not be feasible due to the presence onow-permeabilitv soils and lor the location
of existing and I or planned roads, underground utilities, buildings, manufactured slopes, and
other features which may lead to a public health hazard if infiltration of stormwater runoff were
permitted. Without proper evaluation of all potential hazards, infiltration of stormwater runoff in
concentrated areas can lead to slope failure, road failure, building foundation failure, water
intrusion and mold, contamination or failure of underground utilities and impacts to neighboring
properties. Proposed KID infiltration areas need to be evaluated carefull v to ensure that a public
health hazard would not be created and all DroDosed Low Imvact Develovment infiltration areas
need to be avvroved bv a licensed vro(essional i!eotechnical eni!ineer. In the case where the
geotechnical engineer will not approve of infiltration techniques, alternative LID techniques and
lor source control and treatment control BMPs should be employed.
RESPONSE # 3
Section D.1.d.4 of the Municipal Permit requires the implementation of Low Impact
Development (LID) BMPs on Priority Development Projects. The type of LID BMP to be
selected for each project depends on several factors, including but not limited to geotechnical
considerations. It is the responsibility of the proj ect applicant to ensure that the proposed LID
BMPs and their design details are consistent with public health and safety and other regulating
standards. Where necessary, LID BMPs can be isolated by using impermeable layers to contain
flows and, direct runoff to drainage facilities without percolating into the ground or under
foundations or pavements. Such details can be found in references included in Section 5 of the
Manual. No change proposed.
COMMENT # 4
Page 2-2, Section 2.1
Remove thejirst part of th is paragraph (see comment on page 1-4) and modifY the last two
sentences as proposed:
Prior to submittal, applic8.llts mllst complete the applicable Forms 5500 through 5504/\, inelllded
in Section 2.\'1, "/.pplicability Checldists aRd Forms", to dctermine if their project is subject to
permanent and ,lor construction storm water BMI' requirements. These forms must be completed
for all permit applications, eyen if pre'lious appro'lals eKist. Projects with pre'liolis appro'lals
that ha'le obtained their Grading, Construction, Building, or Conditional Use Permit before
3
4-66
BIA
January 28, 2008
March 24, 2908, Bfe reEtffi-rea to compl;' .,;ith ilie storm water reqruremeffis of the 1'WDBS
Mlffiicipal Permit, Order 1'10, 2001 01 aRd the "City ef CffiHa Vista Develepmeffi and
Reaeveleflffient Projeets Storm Water MaRagemeffi Standards Reqairemeffis Manual" aated
NovemBer 26, 2002, Projects that have not oBtained their Grading, CenDtruction, Building, or
Conditiollal Use Permit BerBre March 24, 2008, are reqaired to comply y;ith the reqairemeffis of
ilie NPDES M:unicipal Permit Oraer Ho, R9 2007 0001 and this ManaaL The ElfJplicaele fomiS
m.UDt Be completed, signed B)' the resjlonsi61e party for the project, ana SUBmitted te the City
with the permit ElfJfllicatien, For j'lrivate projects, tThe project design of both private and public
proiects must include ~the required permanent BMPs identified in this manual as necessary to
treat the pollutants of concern in order for the application package to be deemed complete, For
public projects, the City project manager will review and approve the required BMP information
prior to proiect designbidding; for cOllstrue{iea contracts,
RESPONSE # 4
_ Forms 5500 to 5504 included in Section 2,V1 of the Manual are intended to guide project
applicants and City staff on each project's storm water requirements and review processes, They
are useful tools to prevent unnecessary iteration of studies and report submittals, No change
proposed,
_ As noted in the response to comment # 2, the cutoff for new requirements is the issuance of a
Grading or Building Permit. No change proposed,
_ As required by the Municipal Permit, private and public projects are subject to the same storm
water requirements, Throughout the Manual, forms and review processes have been established
to guide public project managers to comply with Municipal Permit requirements, The Manual
does not provide any exemptions for public projects, Please see below added language in
Section 1, Introduction:
All provisions of this Manual apply equally to private and public projects,
COMMENT # 5
Page 2-3. "Prioritv Proiect Requirements"
Projects subject to priority project permanent storm water requirements must incorporate aH
applicaBle requirements the required permanent BMPs necessary to treat the pollutants of
concern identified in Section 3, "Standard Urban Storm Water Mitigation Plan (SUSMP)" into
the project design,
RESPONSE # 5
Applicable requirements include but are not limited to treatment BMPs, such as source control,
site design, hydrologic conditions of concern, etc, The language has been revised to replace "the
Water Quality Technical Report" for "Standard Urban Storm Water Mitigation Plan (SUSMP),
Please see revised language below:
4
4-67
BIA
January 28, 2008
b. Priority Proiect Requirements. Projects subject to priority project permanent storm water
requirements must incorporate all applicable requirements included in the project's Water
Quality Technical Report, as approved by the City Engineer, into the project design.
COMMENT # 6
Page 2-4, Permanent Storm Water BMPs
The following edits take what is a subjective determination and make it a determination
consistent with the City's manual.
a. Standard Requirements (refer to Form 5501). Development Projects subject to
permanent standard permanent BMP requirements must complete and incorporate all aeeessary
permaneftt BMPs identified in theis manual as necessary to treat the pollutants of concern into
the project plans prior to submittal, regardless of project type.
b. Prioritv Proiect Requirement (refer to Section 3). Development Projects subject to the
priority project standard permanent BMP requirements must complete all of the analyses
required in Section 3( SUSMP Requirements). Applicants must incorporate all aeeessary
permanent BMPs identified inn this manual as necessarv to treat the pollutants of concern into
the project plans prior to submittal, regardless of project type.
RESPONSE # 6
Standard permanent BMPs include, but are not limited to, treatment BMPs as noted above.
Language has been revised to address BIA's concern. Please see revised language below:
a. Standard Requirements (refer to Form 5501). Development Projects subject to standard
permanent BMP requirements must complete and incorporate applicable permanent BMPs
identified in this Manual into the project plans prior to submittal, regardless of project type.
The City may approve proposed alternatives to the BMP requirements in this Manual if said
alternatives are determined by the City to be applicable and equally effective. Also,
additional analysis or information may be required by the City to enable staff to determine
the adequacy of proposed BMPs, and will be requested through the project review process.
b. Prioritv Proiect Requirements (refer to Section 3). Development Projects subject to the
priority project permanent BMP requirements must complete all of the analyses required in
Section 3 (SUSMP Requirements). Applicants must incorporate applicable permanent BMPs
identified in this Manual into the project plans prior to submittal, regardless of project type.
In addition, developers of projects subject to priority project requirements must prepare and
submit to the City a Water Quality Technical Report (WQTR) in accordance with Section 4
of this Manual. Analysis of the project's anticipated Pollutants of Concern, anticipated
Pollutants of Concern in downstream receiving waters, and conditions of concern, must also
be included in the WQTR as part of the project submittal.
COMMENT # 7
5
4-68
BIA
January 28,2008
Form 5500 and Form 5501
These forms should be put in the appendix.
RESPONSE # 7
Forms 5500 to 5501 relate to the contents of Section 2 only. Therefore, they have been included
in the same section for easy reference. No change proposed.
COMMENT # 8
Form 5501 Section 2 - Certification
The property owner must sign this section certifying that they understand the City's permanent
standard BMPs requirements for storm water management on development and redevelopment
projects and will implement the selected BMPs and ensure that mechanisms are in place to
vroperlv maintain the selected BMPs t8 ensure their off-cetiyeness. The following certification
must be signed and submitted with the permit application package.
I have read and understand that the City of Chula Vista has adopted Permanent Standard BMPs
requirements for storm water management of development projects. I certify that the BMPs
applicable to the project as marked in the Checklist in Section 1 ofthis form will be implemented
to effectively minimize the potentially negative impacts of this project on storm water quality. I
further agree to the best of mv abilitv to ensure that mechanisms are in place to properlv
maintain the implemented BMPs to eRsure their effeetivoness. I also understand that non-
compliance with the City's Storm Water and Grading Ordinances may result inn enforcement
action by the City including citations, civil penalties, or other actions as provided in the Chula
Vista Municipal Code.
Property Owner Name:
Signature:
Date:
RESPONSE # 8
Comment noted. Please see revised language below:
Section 2 - Certification - The property owner must sign this section certifying that they
understand the City's permanent standard BMPs requirements for storm water management
on development and redevelopment projects and will implement and maintain the selected
BMPs and ensure that mechanisms are in place to properly and effectively maintain the
selected BMPs. The following certification must be signed and submitted with the permit
application package.
6
4-69
BIA
January 28,2008
I have read and understand that the City of Chula Vista has adopted Permanent Standard BMPs
requirements for storm water management of development projects. I certify that the BMPs
applicable to the project as marked in the Checklist in Section I of this form will be implemented
to effectively minimize the potentially negative impacts of this project on storm water quality. I
further agree to ensure that mechanisms are in place to properly and effectively maintain the
implemented BMPs. I also understand that non-compliance with the City's Storm Water and
Grading Ordinances may result in enforcement action by the City including citations, civil
penalties, or other actions as provided in the Chula Vista Municipal Code.
Property Owner Name:
Date:
Signature:
COMMENT # 9
Form 5501 Section 3 - Standard Permanent St8.lld8ird BMPs
General Comment: It is not clear why these design requirements of Section 3 are included on
FORM 5501. Perhaps the form should either reference the appropriate section of the manual or
include them as an addendum or attachment to the form. We recommend the following changes
to the design guidelines in Section 3 of the form. Section 3 of the manual should also be changed
accordingly.
A. Site Design BMPs
Add the following language:
The following site design BMPs shall require the approval of a licensed geotechnical engineer.
Please see Section UII Public Health and Safety Standards for the Built Environment. Where a
Licensed geotechnical engineer determines that a development site can support infiltration
techniques and no public health and safetv risks would be created with proposed infiltration
areas. infiltration can be achieved exclusivelv through the use of landscape areas or a
combination of landscape areas and permeable pavements. Permeable pavements are not
required if infiltration can be accomplished in landscape areas.
In the case where the geotechnical engineer will not approve of infiltration techniques for a
development site. alternative LID techniques and I or source control and treatment control BMPs
should be emploved.
A.1. Minimize Proiect's Impervious Footprint & Conserve Natural Areas
a. Minimize impervious footprint.
b. Consistent with the City's Multiple Species Conservation Program. Gs<onserve natural
areas where feasible.
c. Where feasible and practicaL Gfonstruct a portion of walkways, trails, patios,
overflow parking lots and alleys and other low-traffic areas with permeable surfaces.
7
4-70
BrA
January 28, 2008
e.
f.
g.
h.
Construct streets, sidewalks and parking lot isles to the minimum acceptable widths.
Maximize canopy interception and water conservation.
Minimize tile lIse of impervieus surfaces. (See "a" above; redundant)
Use natural drainage systems to the maximum extent practicable.
Other site design options that are comparable, and equally effective, as approved by
the City.
d.
RESPONSE # 9
- Form 5501 is for Standard Permanent BMPs on Low Priority projects. Design requirements of
Section 3 have been included in Form 5501 to make the form a stand-alone document and
facilitate reference by applicants of small projects. No change proposed.
- Implementation of BMPs is a requirement of the Municipal Permit. As mentioned in the
response to Comment # 3, it is the responsibility of the project applicant to ensure that Site
Design BMPs are consistent with public health and safety standards. Where there are concerns
about geotechnical issues, the applicant is required to propose and implement alternative BMPs
and designs. No change proposed.
- Comment noted. Please see revised language below:
Conserve natural areas where feasible, consistent with the City's environmental
regulations.
- Paragraph "f' is deleted as determined to be redundant.
COMMENT # 10
Page 3-2. Background
This section needs to state clearly that public projects, including public roads, are subject to all
of the same requirements as private projects.
RESPONSE # 10
The Municipal Permit requires the same standards (Maximum Extent Practicable) to be applied
to public and private projects. The Manual does not provide exemptions for public projects.
Please see response # 4.
COMMENT # 11
Page 3-5 Section 3.11. 2nd Paragraph. Last Sentence:
To allow flexibility in meeting SUSMP design standards, structural treatment control BMPs may
be located on- or off-site, used singly or in combination, or shared by multiple developments,
provided that the BMP's address the pollutants of concern identified for the proiect or projects.
cortain conditions are met.
8
4-71
BIA
January 28, 2008
RESPONSE # 11
Comment noted. Please see revised language below.
To allow flexibility in meeting SUSMP design standards, structural treatment control BMPs
may be located on- or off-site, used singly or in combination, or shared by multiple
developments, provided that the BMPs address pollutants of concern identified for the
project or projects and as approved by the City Engineer on a project-by-project basis.
COMMENT # 12
Page 3-13. Identify Pollutants of Concern
These criteria should be represented in a simple flow chart or graphical ifpossible.
RESPONSE # 12
This language was originally developed jointly by the Copermittees and included in the Final
Model SUSMP that was approved by the Regional Water Quality Control Board on June 12,
2002. The same language has been adopted regionally to be included in local updated SUSMPs.
For consistency throughout the region and to avoid confusion by developers working in different
jurisdictions, it is preferable to use the same language in the Manual. This comment will be
considered regionally during the next update of the Model SUSMP. No change proposed at this
time.
COMMENT # 13
Page 3-14. Last Paragraph:
Hydromodification is not event-based analysis. It should only be necessary to develop rainfall
runoff characteristics for the 24-hour duration.
RESPONSE # 13
There are two distinct parts within Section 3.VLl.c (Conditions of Concern) of the Manual. The
first part deals with projects that are not subject to Interim Hydromodification Criteria (projects
that disturb less than 50 acres). Such projects are required to address conditions of concern as
before by comparing peak discharge rates for 2- and 10-year frequency storm events. High
Priority projects disturbing 50 acres or more are however, required to comply with the Interim
Hydromodification Criteria described in the second part of the Section. No change proposed.
COMMENT # 14
Page 3-16. Development Proiects Disturbing 50 acres or more are exempt...
Add the following exemptions:
d. Proiects which would discharge into an existing detention basin
9
4-72
BrA January 28, 2008
e. Proiects which include on or off site stream restoration
RESPONSE # 14
The exemptions listed in Section 3.YLl.c of the Manual under Interim Hydromodification
Criteria are directly from the Municipal Permit Section D.l.g.(3). The Municipal Permit does
not allow any other exemptions. The City Engineer may determine, at his/her discretion, that
certain existing downstream drainage facilities fulfill the requirements of the Interim
Hydromodification Criteria requirements. No change proposed.
COMMENT # 15
Page 3-16. 2nd to last paragraph:
It is anticipated that early in 2010, the Interim Hydromodification Criteria requirements will be
replaced by the Final Hydromodification Management Plan (HMP), in which case the new
requirements will be applicable to proposed (un-entitled) development and redevelopment
projects from the effective date of the Final HMP.
RESPONSE # 15
The proposed language is not consistent with the intent of the Municipal Permit. Development
project applicants should be aware of the upcoming additional new requirements and allow for
them in their project designs. No change proposed.
COMMENT # 16
Page 3-17. 2nd Paragraph:
In addition, l1.lRoff treated by LID aflEI-Site Design and/or Source Control BMPs which treat
runoff, such as rooftop runoff treated in landscaping, are permitted as treatment control BMPs to
reduce may be useful in redueing the quantity of runoff required to be treated in Section VL2.c,
"Treatment Control BMPs."
RESPONSE # 16
The Municipal Permit requires LID, Site Design, Source Control, and Treatment Control BMPs
on all High Priority projects. Treatment Control BMPs cannot be substituted with other types of
BMPs. Some LID BMPs can be used to act as Treatment Control BMPs provided they are
designed and sized appropriately. Any Site Design or Source Control BMPs that are not
numerically sized for treatment are not considered Treatment Control BMPs, however, they may
reduce runoff volumes and peak discharge rates and help minimize the size of Treatment Control
BMPs. No change proposed.
COMMENT # 17
Page 3-17, 3rd Paragraph:
10
4-73
BIA
January 2S, 200S
Priority Development Projects that are anticipated to generate a Priority Pollutant of Concern
shall meet all appliea-lJle the BMP requirements identified in Section VI.2 as necessary to treat
the Primary Pollutant(s) of Concern, and shall select a single or combination of storm water
BMPs from Table 3.3, which maximizes pollutant removal for the particular Primary Pollutant(s)
of Concern.
RESPONSE # 17
Section VI.2 includes Site Design, Source Control, and Treatment Control BMPs
requirements. It is, therefore, not adequate to only treat the Primary Pollutant( s) of Concern.
No change proposed.
Priority Projects that are anticipated to generate Primary Pollutants of Concern are required
to treat Secondary Pollutants of Concern as well. However, the proposed BMPs should
maximize pollutant removal for Primary Pollutants of Concern. It is not adequate to only
treat Primary Pollutants of Concern. No change proposed.
COMMENT # 18
Page 3-20. Table 3.3 Treatment Control BMP Selection Matrix
We recommend adding Infiltration Trenches, Infiltration Basins, Retention/Irrigation, Vegetated
Swales, Vegetated Buffer Strip, Water Quality Inlets, and Drain Inserts as additional Treatment
Control BMPs in Table 3.3.
RESPONSE # 18
Infiltration Trenches, Infiltration Basins, Irrigation, and Vegetated Buffer Strips are included as
Infiltration Facilities. Retention is included as Settling Basins. Vegetated Swales are included as
Bioretention Facilities. Water Quality Inlets are included as High Rate.Biofilters. Drain Inserts
typically have low pollutant removal efficiency, and the Municipal Permit requires that this type
ofBMP should not be used as an acceptable treatment system. No change proposed.
COMMENT # 19
Page 3-20
It is not clear where these descriptions came from.
1. Bioretention Facilities (infiltration planters, flow-through planters, bioretention
areas, and bioretention swales). Facilities are designed to capture runoff and infiltrate
slowly through soil media, which also supports vegetation.
Bioretention facilities, except for flow-through planters, effectively promote
infiltration into native soils. In low-permeability soils such as clay soils, facilities
may capture excess treated runoff in an underdrain piped to the municipal storm drain
system. Typical criteria: an infiltration surface area at least 4% of tributary
impervious area, 6-inch average depth of top reservoir, IS-inch soil layer, 12-inch to
IS-inch gravel subsurface storage layer.
11
4-74
BIA
2.
January 28, 2008
Settling Basins and Wetlands (extended detention basins, "wet" basins, decorative
or recreational lakes or water features also used for storm water treatment,
constructed wetlands). Facilities should be are-designed to capture the 85%
percentile storm event a miaimHffi water E1liality yolliffie of 80% of total rufleff and
detain for a minimum of 48 hours. Some wetland designs have proven effective in
removing nutrients, but performance varies.
3.
Infiltration Facilities or Practices (infiltration basins, infiltration trenches, dry
wells, dispersal of runoff to landscape, pervious pavements). These facilities and
landscape desigB.G features should be designed to capture, retain, and infiltrate the
volume a miIlimum of 8G% of runoff that would enter the facility or landscape feature
from the 85% storm eventiHte the grcllind. Infiltration facilities are generally only
feasible in permeable (Hydrologic Soil Group A or B) soils. Volume and area of
infiltration facilities depends on soil permeability and safety factor used. TypiGal
criteria: Infiltration facilities should have rretreatmeHt to remove Bilt to prolong life
of the faGility. .\ 10 foot vertieal separatien from ayerage seasonal groundwater
depili is reCJ:uired. DiofJeroal to landscape may be accomplished in an)' soil type and
geflorally reCJ:Uires a Hlffidmuffi 2: I ratioB imperiiolis: perviolls and conca'ie
(orography te enSHfe the first I inch of rainfall is retained.
4.
Media Filters (sand filters). Filters designed to treat runoff produced by a rainfall of
0.2 inches per hour (or 2x85th percentile hourly rainfall intensity) by slow infiltration
through san or other media. Typical criteria: Surface-loading rate not to exceed 5
inches/hour. Entire surface of the sand must be accessible for maintenance.
5.
High Rate Biofllters (tree wells, typically proprietary). Biofilters with specially
designed media to rapidly filter runoff while removing some pollutants. 8Bme
proprietary High Rate Biofilters recommend slirrace loading rates of up to 100
inches/hour .
6.
High-rate Media Filters (typically proprietary). Vaults with replaceable cartridge
filters filled with inorganic media.
7.
Drainage Inserts currently available have low effectiveness in removing pollutants
that tend to associate with fme particles and have medium effectiveness in removing
coarse sediment and trash. The Permit requires the removal of obsolete or ineffective
BMPS from the list of acceptable BMPs. The City of Chula Vista has removed
Drainage Inserts from Table 3.3, Treatment Control BMP Selection Matrix. Drainage
Inserts may ooly-be used as part of a treatment train ill exceptiollaJ. cases to augment
more effective treatment facilities or sometimes used alone when more effective
facilities have been deemed infeasible at the City's discretion.
RESPONSE # 19
Table 3.3 is organized for Pollutants of Concern and categories of Treatment Control BMPs.
Notes following Table 3.3 describe those BMP categories in more detail.
12
4-75
BIA
January 28, 2008
1. Comment noted. Sentence "low-permeability soils such as" is added.
2. Comment noted. Please see revised language below:
Settling Basins and Wetlands (extended detention basins, "wet" basins, decorative
or recreational lakes or water features also used for storm water treatment,
constructed wetlands). Facilities are required to be designed to capture the 85th
percentile storm event and detain for a minimum of 48 hours. Some wetland designs
have proven effective in removing nutrients, but performance varies.
3.
Comment noted. Please see revised language below:
InfIltration Facilities or Practices (infiltration basins, infiltration trenches, dry
wells, dispersal of runoff to landscape, pervious pavements). These facilities and
landscape elements should be designed to capture, retain, and infiltrate the flow or
volume of runoff that would enter the facility or landscape feature from the 85th
percentile storm event. Infiltration facilities are generally only feasible in
permeable (Hydrologic Soil Group A or B) soils. Volume and area of infiltration
facilities depends on soil permeability and safety factor used. Typical criteria:
Infiltration facilities shall have pretreatment to remove silt to prolong life of the
facility. A 10- foot vertical separation from average seasonal groundwater depth is
required. Dispersal to landscape may be accomplished in any soil type and
generally requires a maximum 2:1 ratio impervious: pervious and concave
topography to ensure the first I-inch of rainfall is retained.
Pretreatment is required for infiltration facilities to prolong their effectiveness.
Section D.l.d. (12)(a) of the Municipal Permit requires pretreatment prior to
infiltration. No change proposed.
Section D.l.d. (12)( e) of the Municipal Permit requires at least 10 feet of separation
between the base of any infiltration Treatment Control BMPs to the seasonal high
groundwater mark. No change proposed.
4. No comment provided.
5. The information on surface loading of High Rate Biofilters has been included to help
designers with the preliminary selection of Treatment Control BMPs. Project
applicants are required to verify design criteria for the selected BMPs during the
design process. No change proposed.
6. No comments provided
7. The Municipal Permit does not allow the use of Drainage Inserts as Treatment
Control BMPs due to low pollutant removal efficiency and high maintenance.
However, as noted in the Manual, this type ofBMP can be used in exceptional cases,
at the discretion of the City Engineer, when uses as pre-treatment or when more
effective BMPs are infeasible. No change proposed.
COMMENT # 20
Page 3-21
Add the following language (from City of San Diego Draft Stormwater Manual)
13
4-76
BrA
January 28, 2008
Table 3.3 illustrates a short list of structural treatment control BMPs available to proiect
proponents. Manv of the structural treatment control BMPs are associated with Low Impact
Development (LID) storm water design methods. Proiect proponents should refer to both The
Countv of San Diego Low Impact Development Handbook and fact sheets and the current
edition of the California Stormwater Oualitv Association (CASOA) BMP Handbook for
selection of structural BMPs listed in Table 3.3. Alternative storm water BMPs mav be
approved at the discretion of the City Engineer. provided the alternative BMP is as effective in
removal of pollutants of concern as other feasible BMPs listed in Table 3.3. The Citv Engineer
will refer to reputable agencv BMP testing programs such as Washington Department of
Ecologv. the New Jersev Department of Environmental Protection. the Citv ofPortIand Oregon.
the City of Sacramento. or others to evaluate BMP effectiveness. The Citv Engineer will relv
primarilv on tests conducted under reputable agencv oversight that followed reputable agencv
guidelines and tested BMP effectiveness under applicable and relevant field conditions. Once
the Citv Engineer approves a specific BMP for a specific pollutant and sizing standard. then that
BMP will be approved under the same conditions for future proiects.
In cases where there are no feasible treatment controls to achieve medium or high removal
effectiveness for a pollutant the proiect proponent shall include additional source controls
including. but not limited to one or more of the following:
. Modify landscape or site design so that fertilizers. pesticides. or substances containing the
pollutant( s) of concern do not need to be added to the outdoor portions of the site.
Include provisions in the maintenance agreement requiring the maintenance of such site
design features and prohibiting the outdoor use of materials containing the pollutant( s) of
concern without approval from the Citv Engineer.
. Specify the use of alternative non-chemical products on outdoor portions of the site that
do not generate the pollutant(s) of concern in the maintenance agreement. Prohibit the
use of other materials outdoors in the maintenance agreement without approval from the
City Engineer.
. Design the site grading and irrigation svstem to prevent runoff of irrigation water.
Specifv the use of irrigation controllers that adiust the amount of irrigation based on
weather and estimated evapotranspiration. Specify the timing and rate of irrigation to
prevent runoff of irrigation water. Design and specifv pressure-triggered shutoff valves
in the irrigation svstem that would shut off heads or zones should flows increase
suddenlv. Specify application of fertilizers. pesticides. or the substance introducing the
pollutant of concern such that. if applied outdoors. thev are applied at rates and times that
would prevent runoff of these substances during irrigation or during rainfall events.
Incorporate these specifications in the maintenance agreement.
RESPONSE # 20
- The County of San Diego Low Impact Development Handbook and the California Stormwater
Quality Association (CASQA) BMP Handbooks have both been cited in Section 5 of the Manual
as acceptable design standards. No change proposed.
_ Section 3.VI.2 of the Municipal Permit (last paragraph before Table 3.2 includes the following
language:
14
4-77
BrA
January 28, 2008
"Alternative storm water BMPs not identified in Table 3.3may be approved at the
discretions of the City of Chula Vista, provided the alternative BMP is as effective in
removal of pollutants of concern as other feasible BMPs listed in Table 3.3".
No change proposed.
- The City of Chula Vista does not maintain a list of approved Treatment Control BMPs.
Approval of BMPs are on a project-by-project basis, and depends on each projects specific
conditions as well as available and feasible options. No change proposed.
- The Municipal Permit requires high or medium removal efficiency treatment control BMPs on
all High Priority development projects. Source Control BMPs cannot replace Treatment Control
BMPs under any circumstances. No change proposed.
COMMENT # 21
Page 3-21, Low Impact Development (LID) and Site Design BMPs
This section should reference section 1.111, Public Health and Safety Standards for the Built
Environment (proposed for addition to this manual), to ensure that geotechnical concerns are
addressed in the selection and design of LID BMPs. It should also state clearly that public
projects, including public roads, are subject to all of the same requirements as private projects
and that all BMPs for uublic uro;ects. includinf!: LID. source control and treatment control
BMPs. and hvdromodification facilities need to be included within the foororint of those
facilities.
The first design technique should be rephrased to reference the city's MSCP regulations.
RESPONSE # 21
- For the issue of Public Health and Safety Standards, please refer to Response # 3. No change
proposed.
- For the implementation ofBMPs on public projects please refer to Response # 10.
- For conserving natural resources and areas and reference to the City's MSCP regulations
please refer to Response # 9. No change proposed.
COMMENT # 22
Page 3-22
Step 1: Objective: Attempt to Mimic MaiRtaiR Pre-Proiect Pre Development Rainfall Runoff
Characteristics.
It is not physically possible under any circumstances to maintain pre-development rainfall runoff
characteristics and the NPDES Permit does not require this standard. The objective should be
to attempt to mimic pre-project rainfall runoff characteristics.
RESPONSE # 22
Comment noted. Please see revised language below:
15
4-78
BIA
January 28, 2008
Objective: Control Runoff to Minimize Downstream Erosion
COMMENT # 23
Page 3-26. Step 7
Add a section addressing Public Roads.
RESPONSE # 23
Please refer to Response # 10. No change proposed.
COMMENT # 24
Page 3-31. Step 10
This step should reference the proposed Section 1.111 to ensure that geotechnical concerns are
properly addressed.
RESPONSE # 24
Please refer to Response # 3. No change proposed.
COMMENT # 25
Page 3-36. Site Design BMPs
We recommend removing the list of Site Design BMPs and instead just referencing the list in
Section 2. Repeating the list throughout the document can lead to inconsistencies.
RESPONSE # 25
Section 3 of the Manual is the City of Chula Vista's Standard Urban Storm Water Mitigation
Plan (SUSMP) and applies to High Priority development projects. The Municipal Permit
requires the SUSMP to consist of a complete set of BMPs, including Site Design, Source
Control, LID, and Treatment Control BMPs. Therefore, the list of Site Design BMPs cannot be
removed from the SUSMP. Form 5501 included in Section 2 of the Manual is intended for Low
Priority development projects, and in order to be a stand-alone document for easy reference by
project applicants includes all BMPs applicable to Low Priority projects. No change proposed.
COMMENT # 26
Paf!e 4-2. h
h. Mitigation measures to prevent increases in downstream erosion and. where applicable.
Hydromodification implementation to MEP, including:
16
4-79
BIA January 28, 2008
· Where applicable, Hydrological calculations to demonstrate compliance with the Interim
Hydromodification Criteria or ...
RESPONSE # 26
Comment noted. Please see revised language below:
h. Mitigation measures to prevent increases in downstream erosion and where applicable,
Hydromodification implemented to MEP, including:
· Where applicable, hydrological calculations to demonstrate compliance with the Interim
Hydromodification Criteria or Hydrograph Modification Management Plan (HMP)
requirements included in Section 3 of this Manual
COMMENT # 27
Page 4-4, Last bullet. "Impact of the proiect on hvdrologic regime.. ."
This bullet should clarify that it only applies to projects, which are subject to the interim
hydromodification requirements. Again, Hydromodification is not event-based analysis. It
should only be necessary to develop rainfall runoffcharacteristicsfor the 24-hour duration.
RESPONSE # 27
- Section D.1.d.(10) of the Municipal Permit requires the control of runoff discharge rates,
durations, and velocities from High Priority development projects to maintain or reduce
downstream erosion conditions and protect stream habitat. Projects that propose 50 acres or
more of impervious area are required to comply with the Interim Hydromodification Criteria.
Projects that propose to create less than 50 acres of impervious area need to comply with the
requirements included in the first part of the bulleted paragraph in Section 4.11.3. No change
proposed.
- The language has been revised to require hydrological calculations for Hydromodification only
from projects subject to the Interim Hydromodification Criteria. Please see revised language
below:
· Impacts of the project on hydrologic regime of downstream Receiving Waters and habitat
integrity, such as discussed in Section 3.IV.1.c: IdentifY Conditions of Concern. Include
a summary table comparing pre-development and post-development peak discharge rates
and volumes for the two-year and ten-year frequency, Type I storm, of six-hour or 24-
hour duration (whichever is the closer approximation of the site's time of concentration);
or, where applicable, a summary of hydrological calculations demonstrating compliance
with the Interim Hydromodification Criteria requirements.
COMMENT # 28
Page 4-5, c. Structural Treatment BMPs
17
4-80
BIA
January 28, 2008
Type of BMPs selected for treatment control. Note that the City of Chula Vista Goes Ret will
onlv accept treatment control BMPs with low pollutant removal efficiencies as part of a
treatment train of BMPs.
RESPONSE # 28
Comment noted. Please see revised language below:
. Type of BMPs selected for treatment control. Note that drainage inserts may only be
used in exceptional cases to augment more effective treatment facilities or sometimes
used alone when more effective facilities have been deemed infeasible at the City's
discretion.
COMMENT # 29
Page 4-6. 6. Geotechnical/Soils Report
Consider referencing the City of San Diego Geotechnical Guidelines.
RESPONSE # 29
Section 4.II.6 of the Manual describes the minimum requirements for geotechnical/soils reports
with reference to water quality and BMP implementation. Any additional information from the
City of San Diego Geotechnical Guidelines or any other reputable sources that may be included
in the Water Quality Technical Report for the project would facilitate the review and approval of
the project. No change proposed.
COMMENT # 30
Page 6-2 Section 6
It should not be necessary to restate all the design requirements. Including the same detailed
design guidelines throughout the manual creates the potential for inconsistencies as the manual
is revised over time.
RESPONSE # 30
Due to the significant diversity of development projects in Chula Vista it was deemed necessary
to repeat some information within the Manual and forms included in Section 2. However, with
the flow chart and step-by-step instructions provided, it is expected that project applicants can
easily download sections of the Manual that are relevant to their project from the City's website
and use the downloaded information as stand-alone and complete documents. No change
proposed.
COMMENT # 31
Page 7-3 Performance Standards
18
4-81
BIA
January 28, 2008
Performance standards shall include:
a. Minimize No measurable increase~ ef- in pollution in runoff from the site to the maximum
extent practicable.
b. Minimize Ne-slope erosion to the maximum extent practicable.
c. Minimize increases in Wwater velocity moving offsite muot Rot be greater than pre
eORstructioR levels to the maximum extent practicable.
These performance standards need to be tied to the "MEP" standard of performance. The
standards as proposed are not achievable.
RESPONSE # 31
Comment noted. Please see revised language below:
a. Minimize increases in pollution (including sediment) in runoff from the site to the
Maximum Extent Practicable.
b. Minimize slope erosion to the Maximum Extent Practicable.
c. Minimize increases in water velocity moving offsite to the Maximum Extent Practicable.
COMMENT # 32
Page 7-7. Limitation on Grading. Advance Treatment
These two sections are only applicable during the wet season. This section of the manual should
be related to incorporate these two sections under the Wet Season Requirements.
RESPONSE # 32
Section D.2.c. (1) of the Municipal Permit describes Limitation on Grading and Advanced
Treatment as "designated minimum set of BMPs". Section D.2.c. (3) of the Municipal Permit
states, "Each Copermittee shall implement, or require the implementation of, the designated
minimum BMPs and any additional measures necessary to comply with this Order at each
construction site within its jurisdiction year round."
The Director of Public Works or hislher designee will consider construction projects on a case-
by-case basis for determining if a project site can be exempted from the above requirements
during the dry season. No change proposed.
COMMENT # 33
Page 7-7. Limitations on Grading
The areas that can be cleared or graded and left exposed at one time is limited to the amount of
acreage that the owner / contactor can adequately protect prior to a predicted rainstorm. AHle
time shall disturbed soil area of tile projeet site be more thaR 100 acres for aR iRdividua1. gradiRg
permit or a combination of grading permits uRder associated TeRtative or FiRal Map (i.e. TM
XY",'I: 1 through 3 ). Proiects shall not be subiect to limitations on grading provided that the
19
4-82
BIA
January 28, 2008
contractor has a weather triggered action plan with a BMP Implementation Plan that contains
sufficient BMPs to control site erosion and sediments within 24 hours of there being a prediction
of 60% or greater probabilitv of rain as reported bv the National Weather Service for the proiect
area. The Director of Pablic Works may ElJ3prove, all a sase by ease basis, expansions sf the
disturbea soil area limit. Soil stEtbilization ana sediment control materials shall be mEtintainea on
site sufficient to preteet the disturbed seil areas.
Under this requiroment, grading shall be phased at larger sites. For emunple, ill may also be
necessary to deploy erosion and sediment control BMPs in areas that are not completed but are
not actively being worked before additional grading is done.
RESPONSE # 33
The Municipal Permit Section D.2.c. (l)(a)vi requires the Copermittees to determine limitation
of grading to a maximum disturbed area. This requirement cannot be waived. However, as
stated in the Manual, The Director of Public Works may approve, on a case-by-case basis,
expansions of the disturbed soil area limit. No change proposed.
20
4-83
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 14.20.110 OF THE CHULA VISTA MUNICIPAL
CODE AND ADDING SECTION 14.20.125 RELATING TO
"STORM WATER MANAGEMENT AND DISCHARGE
CONTROL"
WHEREAS, on January 24, 2007, the San Diego Regional Water Quality Control Board
(Regional Board) adopted a new National Pollutant Discharge Elimination System (NPDES)
Municipal Permit, Order No. R9-2007-0001 (New Permit); and
WHEREAS, the New Permit requires the eighteen cities of San Diego County, the San
Diego Unified Port District, the San Diego County Regional Airport Authority, and the County
of San Diego (Copermittees) to review and upgrade their storm water, grading and other relevant
ordinances and standards, as necessary, to comply with the more stringent requirements of the
New Permit; and
WHEREAS, proposed amendments to Chula Vista Municipal Code (CVMe) Chapter
14.20 would incorporate, by reference, the City's "Development Storm Water Manual, January
2008" and establish new requirements and guidelines for storm water management on
development and redevelopment proj ects, during both the construction and post-construction
phases of projects; and
WHEREAS, adding Section 14.20.125 to the CYMC incorporates, by reference, the
City's Development Storm Water Manual, January 2008 into the Storm Water Management and
Discharge Control Ordinance.
NOW THEREFORE THE CITY COUNCIL of the City of Chula Vista does hereby
ordain as follows:
SECTION I: That Section 14.20.110 of the Chula Vista Municipal Code is amended to read as
follows:
Chapter 14.20
STORM WATER MANAGEMENT AND DISCHARGE CONTROL
Sections:
14.20.010 Purpose and intent.
14.20.020 Scope.
14.20.030 Definitions.
14.20.040 Administration.
14.20.100 Discharge of non-storm water prohibited.
14.20.110 Exemptions to discharge prohibition.
14.20.120 Reduction of pollutants contacting or entering storm water required.
J:\AlIomeyIOrdinnnce\CVMC 14.20 (Storm Water MgmtL02-19..oS.DOC
4-84
Ordinance No.
Page 2
14.20.125 Additional Planning, Design, Construction, and Post-Construction Requirements for
All Land Development and Redevelopment Projects.
14.20.130 Containment, cleanup, and notification of spills.
14.20.140 Watercourse protection.
14.20.150 Development in or adjacent to watercourse restricted - Land development, building,
or watercourse permit required.
14.20.160 Illegal connection prohibited.
14.20.170 Proof of compliance required.
14.20.200 Inspection and sampling - General.
14.20.210 Inspection procedures - Additional requirements.
14.20.220 Authority to sample and establish sampling devices.
14.20.230 Testing, monitoring or mitigation required - When.
14.20.300 Concealment.
14.20.310 Administrative enforcement powers.
14.20.320 Administrative notice, hearing, and appeal procedures.
14.20.330 Judicial enforcement.
14.20.340 Violations deemed a public nuisance.
14.20.350 Remedies not exclusive.
14.20.360 Civil penalties to be deposited in the storm drain revenue fund.
14.20.010 Purpose and intent.
The purpose of this chapter is to promote the health, safety, and general welfare of the citizens
of the City ofChula Vista by:
A. Prohibiting non-storm water discharges to the storm water conveyance system.
B. Preventing discharges to the storm water conveyance system from spills, dumping or
disposal of materials other than storm water.
C. Reducing pollutants in storm water discharges, including those pollutants taken up by storm
water as it flows over urban areas (urban runoff), to the maximum extent practicable.
D. Reducing pollutants in storm water discharges in order to achieve applicable water quality
objectives for surface waters in San Diego County.
The intent of this chapter is to protect and enhance the water quality of our watercourses,
water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act (33
USCA Section 1251, et seq.) and its implementing regulations, the Porter-Cologne Water
Quality Control Act (California Water Code section 13020, et seq.) and its implementing
regulations, and the San Diego Regional Water Quality Control Board (NPDES Permit No. CAS
0108758) and any subsequent amendments thereto.
14.20.020 Scope.
This chapter shall be interpreted in accordance with the definitions set forth herein and the
provisions of this chapter shall apply to the direct or indirect discharge of pollutants into the
City's storm water conveyance system.
Further, this chapter shall be interpreted in accordance with the requirements of the federal
Clean Water Act and acts amendatory thereof or supplementary thereto; applicable implementing
regulations; NPDES Permit No. CAS 0108758 and any amendment, revision, or reissuance
thereof; and the purposes and intent of this chapter.
This chapter, among other things, provides for the prohibition of non-storm water discharges
to the storm water conveyance system, the prohibition of illegal connections to the storm water
conveyance system, the requirement that all persons reduce the volume and character of
J:\AUomcy\Ordinancc\CVMC 14.20 {Storm Water MgmtL02-19-08.DOC
4-85
Ordinance No.
Page 3
pollutants related to urban activity entering the storm water conveyance system to the maximum
extent practicable, and the establishment of enforcement mechanisms for violation of this
chapter, including civil and criminal fmes and penalties.
14.20.030 Definitions.
When used in this chapter, the following terms shall have the meanings ascribed to them in
this section:
A. "Basin plan" shall mean the "Comprehensive Water Quality Control Plan for the San Diego
Basin" adopted by the Regional Water Quality Control Board, San Diego Region (September
1994), and approved by the State Water Resources Control Board, together with subsequent
amendments.
B. "Best management practices (BMPs)" shall mean schedules of activities, prohibitions of
practices, general good housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices to prevent or reduce, to the maximum
extent practicable, the discharge of pollutants directly or indirectly to waters of the United States.
BMPs also include treatment requirements, operating procedures, and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
C. "Building permit" shall mean a permit issued by the building official pursuant to Chapter
15.20 CVMC.
D. "California ocean plan" shall mean the "California Ocean Plan: Water Quality Control Plan
for Ocean Waters of California" adopted by the State Water Resources Control Board in July,
2005, and any subsequent amendments.
E. "Clean Water Act" shall mean the federal Water Pollution Control Act enacted by Public
Law 92-500, as amended by Public Laws 95-217, 95-576, 96-483, and 95-117 (33 USCA
Section 1251, et seq.), and any subsequent amendments.
F. "County health officer" shall mean the health officer of the County of San Diego
Department of Public Health or designee.
G. "Development" shall mean:
1. The placement or erection of any solid material or structure on land, in water, or under
water;
2. The discharge or disposal of any dredged material or of any gaseous, liquid, solid, or
thermal waste;
3. The grading, removing, dredging, mining, or extraction of any materials;
4. A change in the density or intensity of the use of land, including, but not limited to, a
subdivision pursuant to the Subdivision Map Act (Government Code section 66410, et seq.) and
any other division ofland, except where the division ofland is brought about in connection with
the purchase of such land by a public agency for public recreational use;
5. A change in the intensity of the use of water, or of access thereto;
6. The construction, reconstruction, demolition, or alteration of the size of any structure,
including any facility of any private, public, or municipal entity; and
7. The removal or harvesting of major vegetation other than for agricultural purposes.
As used in this definition, "structure" includes, but is not limited to, any building, road, pipe,
flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and
distribution line. (Source: Government Code section 65927).
H. "Employee training program" shall mean a documented employee training program for all
persons responsible for implementing a storm water pollution prevention plan. The employee
training program shall include, but is not limited to, the following topics:
J:\Allomey\Qrdinancc\CYMC 14.20 (Storm Water MgmILOZ-19-08.DOC
4-86
Ordinance No.
Page 4
1. Laws, regulations, and local ordinances associated with storm water pollution prevention,
and an overview of the potential impacts of polluted storm water on the receiving waters of the
San Diego region;
2. Proper handling of all materials and wastes to prevent spillage;
3. Mitigation of spills including spill response, containment and cleanup procedures;
4. Visual monitoring of all effluent streams to ensure that no illegal discharges enter the
storm water conveyance system;
5. Discussion of the differences between the storm water conveyance system and the
sanitary sewer system;
6. Identification of all on-site connections to the storm water conveyance system;
7. Preventive maintenance and good housekeeping procedures;
8. Material management practices employed by the facility to reduce or eliminate pollutant
contact with storm water discharge.
r. "Enclosed bays and estuaries plan" means the "California Enclosed Bays and Estuaries Plan:
Water Quality Control Plan for the Enclosed Bays and Estuaries of California," adopted by the
State Water Resources Control Board on November 16, 1995, and all subsequent amendments.
J. "Enforcement agency" shall mean the City of Chula Vista or its authorized agents charged
with ensuring compliance with this chapter.
K. "Enforcement official" shall mean the Director of Public Works or his or her designee.
1. "Hazardous materials" shall mean any substance or mixture of substances which is toxic,
corrosive, flammable, an irritant, a strong sensitizer, or generates pressure through
decomposition, heat or other means, if such a substance or mixture of substances may cause
substantial injury, serious illness or harm to humans, domestic livestock, or wildlife.
M. "Illegal connection" shall mean any physical connection to the storm water conveyance
system which has not been permitted by the City of Chula Vista or the San Diego Regional
Water Quality Control Board, or which drains illegal discharges either directly or indirectly into
the storm water conveyance system.
N. "Illegal discharge" shall mean any discharge to the storm water conveyance system that is
not composed entirely of storm water, or is expressly prohibited by federal, state, or local
regulations, laws, codes, or ordinances, NPDES Permit No. CAS 0108758, or degrades the
quality of receiving waters in violation of any plan water quality objective.
O. "Inland surface water plan" means the "California Inland Surface Waters Plan: Water
Quality Control Plan for Inland Surface Waters of California" adopted by the State Water
Resources Control Board on April 1991, and all amendments thereto.
P. "Land development permit" shall mean a permit issued by the Director of Engineering and
General Services pursuant to Chapter 15.04 CVMC.
Q. "Maximum extent practicable (MEP)" shall mean the technology-based standard
established by Congress in Clean Water Act Section 402(p)(3)(B)(iii) that municipal dischargers
of storm water discharges must meet. MEP generally emphasizes pollution prevention and
source control BMPs primarily in combination with treatment methods serving as a backup.
R. "National Pollutant Discharge Elimination System (NPDES) permit" shall mean a permit
issued by the Regional Water Quality Control Board or the State Water Resources Control
Board, pursuant to Chapter 5.5, Division 7 of the California Water Code, to control discharges
from point sources to waters of the United States, including, but not limited to:
J:\AltQmcy\Ordinance\CYMC ]4.20 (StOml Water Mgmll_02-19-08.DQC
4-87
Ordinance No.
Page 5
1. California Regional Water Quality Control Board, San Diego Region, (NPDES No. CAS
0108758), NPDES municipal permit - Waste Discharge Requirements for Discharges of Urban
Runoff from the Municipal Separate Storm Sewer Systems (MS4s) draining the Watersheds of
the County of San Diego, the Incorporated Cities of San Diego County, the San Diego Unified
Port District, and the San Diego Count Regional Airport Authority
2. NPDES general permit for storm water discharges associated with industrial activities;
3. NPDES general permit for storm water discharges associated with construction activity;
and
4. California Regional Water Quality Control Board, San Diego Region, general dewatering
permits.
S. "NPDES general permit" shall mean a permit issued by the State Water Resources Control
Board, including, but not limited to:
1. NPDES general permit for storm water discharges associated with industrial activities;
and
2. NPDES general permit for storm water discharges associated with construction activity.
T. "Non-storm water" shall mean any water conveyed to the storm water conveyance system
that is not entirely composed of storm water (also see definition of "storm water").
U. "Parking lot" shall mean an open area, other than a street or other public way, used for the
parking of motorized vehicles, whether for a fee or free, to accommodate clients or customers, or
to accommodate residents of multifamily dwellings (i.e., apartments, condominiums,
townhomes, mobilehomes, dormitories, group quarters, etc.).
V. "Person" shall mean any individual, organization, business trust, company, partnership,
entity, firm, association, corporation, or public agency, including the state of California and the
United States of America.
W. "Plan water quality objective" means any or all applicable requirements of the basin plan,
the enclosed bays and estuaries plan, the inland surface water plan, and the California ocean
plan.
X. "Pollutant" may include, but is not limited to, solid waste, sewage, garbage, medical waste,
wrecked or discarded equipment, radioactive materials, dredged soil, rock, sand, sediment,
industrial waste, and any organic or inorganic contaminant whose presence degrades the quality
of the receiving waters in violation of basin plan or California ocean plan standards. "Pollutant"
includes, but is not limited to, fecal coliform, fecal streptococcus, enterococcus, volatile organic
carbon (VOC), surfactants, oil and grease, petroleum hydrocarbons, total organic carbon (TOC),
lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, and biocides.
A "pollutant" also includes any substance defined as a pollutant under 40 CFR Section 122.2
and any contaminant which degrades the quality of the receiving waters in violation of basin plan
or California ocean plan standards by altering any of the following parameters: pH, total
suspended and settleable solids, biochemical oxygen demand (BOD), chemical oxygen demand
(COD), nutrients, and temperature.
Y. "Premises" shall mean any building, lot, parcel, real estate, land, or portion of land,
whether improved or unimproved.
Z. "Receiving waters" shall mean surface bodies of water, as described in NPDES Permit No.
CAS 0108758, which serve as discharge points for the storm water conveyance system,
including creeks, rivers, reservoirs, lakes, lagoons, estuaries, harbors, bays, and the Pacific
Ocean.
J:\Anomey\Ordinance\CYMC 14.20 (Storm WaICTMgml)_02.19-08.DOC
4-88
Ordinance No.
Page 6
AA. "Significant quantities" shall mean the volume, concentrations, or mass of a pollutant in a
discharge that can cause or threaten to cause pollution, contamination, or nuisance; or adversely
impact human health or the environment; or cause or contribute to a violation of any water
quality standards applicable to the receiving water.
BB. "Storm water" shall mean urban runoff and snow melt runoff consisting of only those
discharges which originate from precipitation events. Storm water is that portion of precipitation
that flows across a surface to the storm water conveyance system or receiving waters.
For the purposes of this chapter, storm water runoff and drainage from areas that are in a
natural state, have not been significantly disturbed or altered, either directly or indirectly, as a
result of human activity, and the character and type of pollutants naturally appearing in the
runoff that have not been significantly altered, either directly or indirectly, as a result of human
activity, shall be considered "unpolluted" and shall satisfy the definition of "storm water" in this
chapter.
CC. "Storm water conveyance system" means those municipal, private and/or natural facilities
within the City of Chula Vista by which storm water may be conveyed to waters of the United
States, including any roads with drainage systems, municipal streets, catch basins, and
watercourses.
DD. "Storm water pollution prevention plan" shall mean a document which describes the on-
site program activities to utilize BMPs to eliminate or reduce pollutant discharges to the storm
water conveyance system to the maximum extent practicable.
A storm water pollution prevention plan prepared and implemented pursuant to any NPDES
permit shall meet the definition of a "storm water pollution prevention plan" for the purposes of
this chapter.
EE. "Watercourse" shall mean any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash in which waters flow in a
definite direction or course, either continuously or intermittently, and which has a definite
channel and a bed or banks. A "channel" is not limited to land covered by minimal or ordinary
flow but also includes land covered during times of high water. "Watercourse" does not include
any surface drainage prior to its collection in a stream, river, creek, ditch, channel, canal,
conduit, culvert, drain, waterway, gully, ravine, arroyo or wash.
FF. "Watercourse permit" shall mean a permit issued by the director of Engineering and
General Services pursuant to Chapter 14.08 CYMe.
GG. "Wetlands" shall mean areas that are inundated or saturated by surface or ground waters
at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
"Wetlands" generally includes swamps, marshes, bogs, and similar areas.
14.20.040 Administration.
The Enforcement Official shall administer, implement, and enforce the provisions of this
chapter. Any powers granted to, or duties imposed upon, the Enforcement Official may be
delegated by the enforcement official to persons in the employ of the City, or pursuant to
contract.
When deemed necessary by the Enforcement Official, the Enforcement Official shall prepare
and present to the City Council for approval regulations and programs consistent with the general
policies established herein by the City Council. The Enforcement Official shall enforce Council-
approved regulations necessary to the administration of this chapter, and may recommend that
the Council amend such regulations and programs from time to time, as conditions require.
J:\AltomeyIOrdinance\CVMC 14.20 (Storm Waler MgmIL02-19-08.DOC
4-89
Ordinance No.
Page 7
14.20.100 Discharge of non-storm water prohibited.
A. It is unlawful for any person to discharge non-storm water into the storm water conveyance
system, except as provided in CYMC 14.20.110.
B. It is unlawful for any person to cause either individually or jointly any discharge into or
from the storm water conveyance system that results in or contributes to a violation of any
NPDES permit. Liability for any damage, abatement costs, or fines against the permit holder
caused by such discharge shall be the responsibility of the person(s) causing or responsible for
the discharge.
14.20.110 Exemptions to discharge prohibition.
The following discharges are exempt from the prohibition set forth in CYMC 14.20.100;
provided, that they do not cause or significantly contribute to violations of the water quality
standards set forth in any plan water quality objective or convey significant quantities of
pollutants to receiving waters, or are a danger to public health and safety:
A. Any discharge or connection regulated under an NPDES permit issued to the discharger
and administered by the state of California pursuant to Chapter 5.5, Division 7 of the California
Water Code; provided, that the discharger is in compliance with all requirements of the permit
and other applicable laws, and regulations, and programs.
B. Discharges from the following activities will not be considered a source of pollutants to
waters of the United States:
1. Diverted steam flows;
2. Rising Ground Water;
3. Uncontaminated ground water infiltration [as defined in 40 CFR 35.2005(20)] to MS4s;
4. Uncontaminated pumped ground water;
5. Foundation drains;
6. Springs;
7. Water from crawl space pumps;
8. Footing drains;
9. Air conditioning condensation;
10. Flows from riparian habitats and wetlands;
11. Water line flushing;
12. Landscape irrigation;
13. Discharges from potable water sources not subject to NPDES Permit No. CAG67900l,
other than water main breaks;
14. Irrigation water;
15. Lawn watering;
16. Individual residential car washing; and
17. Dechlorinated swimming pool discharges.
C. Any discharge which the enforcement agency, the County Health Officer, the Regional
Water Quality Control Board and/or the U.S. Environmental Protection Agency determines in
writing is necessary for the protection of the public health and safety.
14.20.120 Reduction of pollutants contacting or entering storm water required.
Any person engaged in activities which may result in pollutants entering the storm water
conveyance system shall, to the maximum extent practical, undertake all measures to reduce the
risk of illegal discharges. The following requirements shall apply:
l:\Attorney\Ordinance\CVMC 14.20 (Slonn Wat.erMgmtl_02-\9-0S.DOC
4-90
Ordinance No.
Page 8
A. Best Management Practices Implementation. It is unlawful for any person not to comply
with BMPs and pollution control requirements established by the City or other responsible
agency to eliminate or reduce pollutants entering the City's storm water conveyance system.
BMPs shall be complied with throughout the life of the activity.
B. Storm Water Pollution Prevention Plan. When the enforcement official determines that a
business or business-related activity causes or may cause an illegal discharge to the storm water
conveyance system, then the enforcement official may require the business to develop and
implement a storm water pollution prevention plan (SWPPP). Businesses which may be required
to prepare and implement a SWPPP include, but are not limited to, those which perform
maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading, and/or
cleanup activities partially or wholly out of doors.
C. Coordination with Hazardous Materials Response Plans and Inventory. Any activity subject
to the hazardous materials inventory and response program, pursuant to Chapter 6.95 of the
California Health and Safety Code, shall include provisions for compliance with this chapter in
its hazardous materials response plan, including prohibitions of unlawful non-storm water
discharges and illegal discharges, and provisions requiring the use of BMPs to reduce the
discharge of pollutants in storm water.
D. Impervious Surfaces. Persons owning or operating a parking lot or an impervious surface
(including, but not limited to, service station pavements or paved private streets and roads) used
for automobile-related or similar purposes shall clean those surfaces as frequently and as
thoroughly as is necessary, in accordance with BMPs, to prevent the discharge of pollutants to
the City's storm water conveyance system. Sweepings or cleaning residue from parking lots or
impervious surfaces shall not be swept or otherwise made or allowed to go into any storm water
conveyance, gutter, or roadway, but must be disposed of in accordance with regional solid waste
procedures and practices.
E. Compliance with NPDES Permit for Storm Water Discharges. Each discharger subject to
any NPDES permit for storm water discharges shall comply with all requirements of such
permit.
14.20.130 Containment, cleanup, and notification of spills.
It is unlawful for any person owning or occupying any premises who has knowledge of any
release of significant quantities of materials, pollutants, or waste which may result in pollutants
or non-storm water discharges entering the City's storm water conveyance system to not
immediately take all reasonable action to contain, minimize, and clean up such release. Such
person shall notify the City of Chula Vista of the occurrence and/or the County of San Diego
Department of Health Services/Environmental Health Services Hazardous Materials
Management Division, and any other appropriate agency of the occurrence as soon as possible,
but no later than 24 hours from the time of the incident's occurrence.
14.20.140 Watercourse protection.
In addition to the prohibitions relating to watercourses and the requirements for watercourse
permits set forth in Chapter 14.08 CYMC, it is unlawful for any person owning and/or occupying
property through which a watercourse passes to fail or refuse to:
A. Keep and maintain that part of the watercourse within the property free of trash, debris, and
other obstacles which would pollute, contaminate, or significantly retard the flow of water
through the watercourse.
J:lAltomey\OrdinanceICVMC 14,20 (Storm Water Mgml}_02-19-08.DOC
4-91
Ordinance No.
Page 9
B. 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.
C. Keep and maintain healthy bank vegetation in such a manner as to minimize the
vulnerability of the watercourse to erosion.
14.20.150 Development in or adjacent to watercourse restricted - Land development,
building, or watercourse permit required.
No person shall carry out development within 30 feet of the centerline of any watercourse or
within 20 feet of the edge of any watercourse, whichever is the greater distance from the top of
the creek bank, unless a 'land development, building, or watercourse permit has first been
obtained. The City Officer issuing said permit is hereby granted the authority to establish
controls on the volume and rate of storm water runoff from such new development as may be
reasonable and appropriate to minimize the discharge and transport of pollutants to the maximum
extent practicable in the granting or conditioning the granting of such permit.
14.20.160 Illegal connection prohibited.
It is unlawful for any person to establish, use, or maintain any illegal connection to the storm
water conveyance system, regardless of whether such connection was made under a permit or
other authorization or whether permissible under the law or practices applicable or prevailing at
the time ofthe connection, except as authorized in CVMC 14.20. I 10(A).
14.20.170 Proof of compliance required.
Proof of compliance with this chapter may be required in a form acceptable to the City prior to
or as a condition of a subdivision map, site plan, development improvement plan, building
permit, grading permit or any other permit or activity which may affect the storm water
conveyance system and/or the waters entering it. Proof of compliance shall be furnished upon
request of the enforcement official.
14.20.200 Inspection and sampling - General.
A. After obtaining legal entry to any premises in accordance with CYMC 1.16.010 or by
consent, the representative of the enforcement agency shall have the right to:
I. Carry out any inspection and sampling activities on the premises as may be necessary to
enforce the provisions and requirements of this chapter. Upon request, split samples shall be
given to the owner and/or occupant of the premises.
2. Inspect any vehicle on the premises reasonably suspected of causing, contributing to, or
being used to transport an illegal discharge to the storm water conveyance system.
3. Conduct tests, analyses and evaluations to determine if a discharge of storm water is an
illegal discharge or to determine if the requirements of this chapter have been met.
4. Photograph any effluent stream, material or waste, material or waste container, container
label, vehicle, waste treatment process, waste disposal site, or condition contributing to storm
water pollution and constituting a violation of this chapter found during an inspection.
5. Inspect and copy pertinent records relating to the facility's operations, including
inventories, chemical usage, materials, sources, hazardous materials manifests and disposal
records, treatment and operations log books, and materials invoices.
6. Review and obtain a copy of the storm water pollution prevention plan prepared by the
owner and/or occupant or facility operator, if such a plan is required.
7. Require the owner and/or occupant or facility operator to retain evidence, as instructed by
the inspector, for a period not to exceed 30 days.
J;\Altomey\Ordinance\CVMC 14.20 (Stann Water Mgmt)_02.19.08.0OC
4-92
Ordinance No.
Page 10
8. Review and obtain copies of all storm water monitoring data compiled by the owner
and/or occupant or facility operator, if such monitoring is required.
9. Review and obtain copies of all records related to handling of pollutants and hazardous
materials.
B. The Enforcement Official may conduct routine or area inspections, which 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 or sampling in areas with
evidence of storm water contamination, illegal discharges, discharge of non-storm water to the
storm water conveyance system, or similar factors.
C. All enforcement officials shall have adequate identification. Enforcement officials and
other authorized personnel shall identify themselves when entering any property for inspection
purposes or when inspecting the work of any contractor.
14.20.210 Inspection procedures - Additional requirements.
During the inspection, the Enforcement Official shall comply with all reasonable security,
safety, and sanitation measures. In addition, the Enforcement Official shall comply with
reasonable precautionary measures specified by the owner and/or occupant or facility operator.
At the conclusion of the inspection, and prior to leaving the site, the Enforcement Official
shall make every reasonable effort to review with the owner and/or occupant or the facility
operator each of the violations noted by the Enforcement Official and any corrective actions that
may be necessary. A report listing any violation found by the Enforcement Official during the
inspection shall be kept on file by the enforcement agency. A copy of the report shall be
provided to the owner and/or occupant or facility operator, or left at the premises if no person is
available. If corrective action is required, then the occupant, facility owner, and/or facility
operator shall implement a plan of corrective action based upon a written plan of correction,
submitted to the enforcement agency, which states the corrective actions to be taken and the
expected dates of completion. Failure to implement a plan of correction constitutes a violation of
this chapter.
14.20.220 Authority to sample and establish sampling devices.
With the consent of the property owner or occupant or pursuant to an inspection warrant, the
Enforcement Official is authorized to establish on any property that discharges directly or
indirectly to the municipal storm water conveyance system such devices as are necessary to
conduct sampling or metering operations. During all inspections as provided herein, the Official
may take samples of materials, wastes, and/or effluent as deemed necessary to aid in the pursuit
of the inquiry or in the recordation of the activities on-site.
14.20.230 Testing, monitoring or mitigation required - When.
A. The Enforcement Official may require that any person engaged in any activity and/or
owning or operating any facility which causes or may contribute to storm water pollution or
contamination, illegal discharges, and/or discharge of non-storm water to the storm water
conveyance system perform monitoring, including physical and chemical monitoring and/or
analyses, and furnish reports as the Enforcement Official may specify, if:
1. The person, or facility owner or operator, fails to eliminate illegal discharges within a
specified time after receiving a written notice to do so by the Enforcement Official; or
2. The Enforcement Official has documented repeated violations of this chapter by the
person or facility owner, or operator, which have caused or contributed to storm water pollution.
J:lAttomey\OrdinallccICVMC 14.20 (Storm Water Mgml)_02-19-08.DQC
4-93
Ordinance No.
Page 11
It is unlawful for such person or facility owner or operator to fail or refuse to undertake and
provide the monitoring, analyses, and/or reports specified. Specific monitoring criteria shall bear
a relationship to the types of pollutants which may be generated by the person's activities or the
facility's operations. If the enforcement agency has evidence that a pollutant is originating from
a specific premises, then the enforcement agency may require monitoring for that pollutant
regardless of whether said pollutant may be generated by routine activities or operations. The
person or facility owner or operator shall be responsible for all costs of these activities, analyses
and reports.
B. Any persons required to monitor, pursuant to subsection (A) of this section, shall
implement a storm water monitoring program including, but not limited to, the following:
1. Routine visual monitoring for dry weather flows;
2. Routine visual monitoring for spills which may pollute storm water runoff;
3. A monitoring log including monitoring date, potential pollution sources, as noted in
subsections (B)(l) and (2) of this section, and a description of the mitigation measures taken to
eliminate any potential pollution sources.
C. If testing, monitoring or mitigation required pursuant to this chapter is deemed no longer
necessary by the enforcement official, then any or all of the requirements contained in
subsections (A) and (B) of this section may be discontinued.
D. A storm water monitoring program prepared and implemented pursuant to any state-issued
NPDES general permit shall be deemed to meet the requirements of a monitoring program for
the purposes of this chapter. All monitoring data and analytical evaluation/assessment reports
required by such a permit shall be submitted to the City at the same time the data and reports are
submitted to the Regional Water Quality Control Board.
14.20.300 Concealment.
Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter
is unlawful and shall constitute a separate violation of this chapter..
14.20.310 Administrative enforcement powers.
The enforcement agency and Enforcement Official can exercise any enforcement powers as
provided in CYMC Title 1. In addition to the general enforcement powers provided in CYMC
Title 1, the enforcement agency and Enforcement Official have the authority to utilize the
following administrative remedies as may be necessary to enforce this chapter:
A. Cease and Desist Orders. When the Enforcement Official finds that an illegal discharge has
or is likely to occur or an illegal connection is in place, the Enforcement Official 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 shall:
1. Comply with the applicable provisions and policies of this chapter;
2. Comply with a time schedule for compliance, which may consist of a duty to cease and
desist immediately; and
3. Take appropriate remedial or preventive action to prevent the violation from recurring.
B. Notice to Clean and Abate. Whenever the Enforcement Official 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's storm water
conveyance system or a non-storm water discharge to the City's storm water conveyance system,
the enforcement official may issue orders and give written notice to remove same in any
J:\Anomey\Ordinance\CYMC 14.20 (Storm Water MgmtLOZ.]9-08.DOC
4-94
Ordinance No.
Page 12
reasonable manner. The recipient of such notice shall undertake the activities as described in the
notice.
C. Storm Water Pollution Prevention Plan. The enforcement official shall have the authority to
establish elements of a storm water pollution prevention plan, and to require any owner or
occupier of any premises to adopt and implement such a plan, pursuant to CYMC 14.20.120(B),
as may be reasonably necessary to fulfill the purposes of this chapter.
D. Employee Training Program. The Enforcement Official shall have the authority to establish
elements of an employee training program, as may be necessary to fulfill the purposes of this
chapter, where such a program has been required as an element of a storm water pollution
prevention plan.
E. Best Management Practices. The Enforcement Official may establish the requirements of
BMPs for any premises pursuant to CYMC 14.20.040.
F. Civil Penalties. Notwithstanding any other provisions of the Municipal Code, a person who
violates any of the provisions of this chapter or who fails to implement a storm water monitoring
plan, violates any cease and desist order or notice to clean and abate, or fails to adopt or
implement a storm water pollution prevention plan as directed by the enforcement official shall
be liable for a civil penalty not to exceed $10,000 for each day such a violation exists. The
violator shall also be charged for the full costs of any investigation, inspection, or monitoring
survey which led to the detection of any such violation; for abatement costs; and for the
reasonable costs of preparing and bringing legal action under this subsection. In addition to any
other applicable procedures, the enforcement agency may utilize the lien procedures of Chapter
1.30 CYMC to enforce the violator's liability. The violator may also be liable for compensatory
damages for impairment, loss or destruction to water quality, wildlife, fish and aquatic life.
G. Administrative Citations. Notwithstanding any other provision of the Municipal Code, a
person who violates any provision of this chapter or disobeys an enforcement order may be
issued an administrative citation by the enforcement official requiring immediate corrective
action and imposing an administrative fine in an amount as set forth in CYMC 1.41.100(D)(l).
14.20.320 Administrative notice, hearing, and appeal procedures.
A. Service. Unless otherwise provided herein, any order, notice of violation, or other notice
required to be given by the Enforcement Official under this chapter shall be in writing and served
in accordance with CVMC 1.40.030.
B. Notice Contents. Notwithstanding any other provision of the Municipal Code, when the
Enforcement Official determines that a violation of one or more provisions of this chapter exists
or has occurred, any violator( s) may be served with a written notice of violation and order. The
notice and order shall state the Municipal Code section violated, describe how violated, the
location, date(s) and time(s) of the violation(s), and describe the corrective action required. The
notice and order may require immediate corrective action by the violator(s) and explain which
method( s) of enforcement the City is utilizing. The notice and order shall explain the
consequences of failing to comply. Finally, the notice and order shall identify all hearing/appeal
rights and specify the issuing officer.
C. Hearings and Appeals. Notwithstanding any other provision of the Municipal Code, a
violator may request a hearing to contest the Enforcement Official's determination that a
violation has occurred. Such request must be in writing and received by the City within 10
calendar days of service of the notice of violation (or 30 calendar days for out-of-state residents)
in a form approved by the Enforcement Official. If the City does not receive such a written
request within 10 calendar days (or 30 calendar days for out-of-state residents), it shall constitute
J:\Altomey\Ordinance\CVMC 14.20 (Slann Wale( MgrnIL02-19-08.DOC
4-95
Ordinance No.
Page 13
a waiver of the right to a hearing and adjudication of all or any portion of the notice and order.
Once a request for hearing is received, the hearing shall be conducted pursuant to CYMC
1.40.020(B) through (I) and 1.40.070. If the violator(s) fails to attend the hearing, it shall
constitute a waiver of the right to a hearing and adjudication of all or any portion of the notice
and order.
14.20.330 Judicial enforcement.
A. Criminal Penalties. Notwithstanding CYMC 1.20.010, any person who violates any
provision of this chapter or who fails to implement a storm water monitoring plan, violates any
cease and desist order or notice to clean and abate, or fails to adopt or implement a storm water
pollution prevention plan as directed by the enforcement official shall be punished, upon
conviction, by a fine not to exceed $10,000 for each day in which such violation occurs, or
imprisonment in the San Diego County jail for a period not to exceed one year, or both.
E. Injunction/Abatement of Public Nuisance. Whenever a discharge into the storm water
conveyance system is in violation of the provisions of this chapter or otherwise threatens to
cause a condition of contamination, pollution, or nuisance, the Enforcement Official may also
cause the City to seek a petition to the superior court for the issuance of a preliminary or
permanent injunction, or both, or an action to abate a public nuisance, as may be appropriate in
restraining the continuance of such discharge.
C. Other Civil Action. Whenever a notice and order or Hearing Officer's decision is not
complied with, the City Attorney may, at the request of the Enforcement Official, initiate any
appropriate civil action in a court of competent jurisdiction to enforce such notice and order and
decision, including the recovery of any unpaid storm drain fees and/or civil penalties provided
herein.
14.20.340 Violations deemed a public nuisance.
In addition to the other civil and criminal penalties provided herein, 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 declared and deemed a public nuisance, which may be
summarily abated and/or restored as directed by the Enforcement Official in accordance with the
procedures identified in this chapter or Chapter 1.30 CYMC. A civil action to abate, enjoin or
otherwise compel the cessation of such nuisance may also be taken by the City, if necessary.
The full 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 in accordance with the
procedures set forth in Chapter 1.30 CYMC.
14.20.350 Remedies not exclusive.
Remedies set forth in this chapter are not exclusive but are cumulative to all other civil and
criminal penalties provided by law, including, but not limited to, penalty provisions of the
federal Clean Water Act and/or the State Porter-Cologne Water Quality Control Act. The seeking
of such federal and/or state remedies shall not preclude the simultaneous commencement of
proceedings pursuant to this chapter.
14.20.360 Civil penalties to be deposited in the storm drain revenue fund.
Any civil penalties collected by the City as a result of violations of this chapter shall be
deposited in the storm drain revenue fund.
J:\Altom<::y\Qrdinance\CVMC \4.20 (Storm Water Mgml)_02.19.08.DOC
4-96
Ordinance No.
Page 14
SECTION II: That Section 14.20.125 is added to the Chula Vista Municipal Code to read as
follows:
14.20.125 Additional Planning, Design, Construction, and Post-Construction Requirements
for All Land Development and Redevelopment Projects.
The City of Chula Vista Development Storm Water Manual is a part of this Ordinance and is
incorporated by reference as though set forth in full in this Ordinance. No land owner or
development project proponent in the City of Chula Vista shall receive any City permit or
approval for land development activity or significant redevelopment activity unless the project
meets or will meet the requirements of this Ordinance and the Development Storm Water
Manual.
The Development Storm Water Manual includes, among other requirements, the following
requirements:
· Phased grading during construction (limitation of grading to a maximum disturbed area
before either temporary or permanent erosion controls are implemented).
. Compliance with Low Impact Development (LID) principals.
. Compliance with Interim Hydromodification criteria and Hydrograph Modification
Management Plan (HMP) requirements.
· Compliance with Post-Construction Best Management Practices self inspections,
maintenance, record keeping, and maintenance certification.
The City of Chula Vista generally accepts standards established in the most up-to-date editions
of the following documents for Best Management Practices, however, the City Engineer will
make the final determination to approve or disapprove any proposed BMPs:
. Stormwater Best Management Practices Handbooks developed by the California
Stormwater Quality Association
. CALTRANS Treatment BMP Technology Report
. County of San Diego Low Impact Development Handbook
Long-term maintenance obligations of all proposed Best Management Practices must be
approved in an agreement that runs with the land in perpetuity prior to the issuance of a grading
or other construction permit.
SECTION III: This Ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Presented by
Approved as to form by
Dave Byers
Director of Public Works
~<1'\~ ~,~\.'"
Ann Moore '
City Attorney
J:lAuomey\QrdinanceICYMC 14.20 (Slorm Water MgmIL02.19-00.DOC
4-97
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
SECTION 15.04.018 TO THE CHULA VISTA MUNICIPAL
CODE RELATING TO "EXCAVATION, GRADING,
CLEARING, GRUBBING AND FILLS"
WHEREAS, on January 24, 2007, the San Diego Regional Water Quality Control Board
(Regional Board) adopted a new National Pollutant Discharge Elimination System (NPDES)
Municipal Permit, Order No. R9-2007-000l (New Permit); and
WHEREAS, the New Permit requires the eighteen cities of San Diego County, the San
Diego Unified Port District, the San Diego County Regional Airport Authority, and the County
of San Diego (Copermittees) to review and upgrade their storm water, grading and other relevant
ordinances and standards, as necessary, to comply with the more stringent requirements of the
New Permit; and
WHEREAS, proposed amendments to Chula Vista Municipal Code (CVMe) Chapter
15.04 would incorporate, by reference, the City's "Development Storm Water Manual, January
2008" and establish new requirements and guidelines for storm water management on
development and redevelopment projects, during both the construction and post-construction
phases of projects; and
WHEREAS, adding Section 15.04.018 to CYMC Chapter 15.04 incorporates, by
reference, the City's Development Storm Water Manual, January 2008 into the Excavation,
Grading, Clearing, Grubbing and Fills Ordinance.
NOW THEREFORE THE CITY COUNCIL of the City of Chula Vista does hereby
ordain as follows:
SECTION 1. That Section 15.04.018 is added to the Chula Vista Municipal Code to read as
follows:
Chapter 15.04
EXCAVATION, GRADING, CLEARING, GRUBBING AND FILLS*
Sections:
15.04.005 Purpose and intent of provisions.
15.04.010 Defmitions.
15.04.015 Permit required for all land development work and soil investigations.
15.04.017 Other required permits.
15.04.018 Additional Plarming, Design, Construction, and Post-Construction Requirements for
All Land Development and Redevelopment Projects.15.04.020 Compliance with
conditions and specifications required - Deviations from standards permitted when.
15.04.025 Provisions not to affect other code requirements.
J:\Attomey\Ordinance\CVMC 15.04 (Excavation, GradingL02.19.08.DOC
4-98
Ordinance No.
Page 2
15.04.030 Facilities within public rights-of-way - Assignment of costs.
15.04.035 Commencement and completion of work - Extension of time.
15.04.040 Slopes - Design requirements generally.
15.04.045 Building pads - Design requirements.
. 15.04.050 Embankment requirements - Soil engineer may be required.
15.04.055 Expansive soil grading requirements.
15.04.060 Landscaping and irrigation system.
15.04.065 Slopes - Tops and toes to be rounded.
15.04.070 Slopes - Blending into existing terrain.
15.04.075 Slopes - Horizontal slope rounding.
15.04.080 Preservation of existing monuments.
15.04.085 Work in conjunction with subdivision of property - Requirements generally.
15.04.090 Work in conjunction with subdivision of property - Standard land development
permit - Requirements.
15.04.095 Work in conjunction with subdivision of property - Contract for completion of
improvements - Requirements - Bonds.
15.04.100 Building construction - Land development permit required - Prerequisite to building
permit.
15.04.105 Damaged or disused public improvements - Notification - Corrective action required.
15.04.110 Public to be protected from hazards during construction - Fences and barricades
required when.
15.04.115 Safety precautions.
15.04.120 Fence specifications - Modification permitted when.
l5.04.125 Noncompliance.
15.04.130 Modification of approved plans.
15.04.135 Responsibility of permittee - Compliance with plans and requirements.
15.04.140 Completion of work - Final reports.
l5.04.145 Notification of completion.
15.04.150 Exemptions from applicability designated.
15.04.155 Contractor - Qualifications required.
15.04.160 Work to be performed by licensed contractor.
15.04.165 Inspection of land development work - Responsibility therefor.
15.04.170 Transfer ofresponsibility for approval.
15.04.175 Plans and reports to be prepared by engineers.
15.04.180 Private contract performance bond - Required when - Issuance conditions generally.
15.04.185 Private contract performance bond - Conditions - Notice of default - Contents-
Effect.
15.04.190 Private contract performance bond - Principal or surety liable for cost of completing
work when.
15.04.195 Private contract performance bond - Liability of City for performance of certain
work.
15.04.200 Private contract performance bond - Cash deposit accepted in lieu when - Default
correction procedure.
15.04.205 Private contract performance bond - Not required when.
15.04.210 Private contract performance bond - Required from certain contractors when-
Exception.
J:\AttomeylOrdinancelCVMC 15.04 {Excavation, GradingL02-19..{l8.DOC
4-99
Ordinance No.
Page 3
15.04.215 Private contract performance bond - Conditions - Compliance with certain terms and
provisions required.
15.04.220 Private contract performance bond - Method of estimating amount - Schedule.
15.04.225 Release of bonds/security.
15.04.230 City Engineer - Enforcement responsibility and permit issuance authority.
15.04.235 City Engineer- Powers and duties generally.
15.04.240 City Engineer- Authority to determine applicable fees.
15.04.245 City Engineer - Duty to consider certain recommendations and deny certain
applications.
15.04.250 City Engineer- Grounds for cancelling permit or amending plans.
15.04.255 Appeals - Authorized when - Determination authority.
15.04.260 Appeals - Time limit for filing - Form.
15.04.265 Permits - Application - Procedure generally - Detailed plan required.
15.04.270 Permits - Application - Detailed plans and specifications required.
15.04.275 Permits - Issuance - Prerequisites and contents.
15.04.280 Investigations authorized and required when - Fee.
15.04.285 Agreement required for uncontrolled embankments - Additional specifications.
15.04.290 Fees - Collection - Method of estimation - Verification - Payment required-
Exemptions.
15.04.295 Fees - Schedule for computation.
15.04.305 Fees - To be doubled in certain cases - Effect of imposition.
15.04.310 Violations - Declared unlawful and public nuisance - Abatement authority.
15.04.315 Abatement of dangerous conditions.
15.04.320 Emergency abatement by City - Liability for costs.
15.04.325 Costs of abatement - Special assessment procedure - Statutory authority.
15.04.330 Conflicts.
:$ For statutory provisions authorizing cities to abate building nuisances, see Health and Safety Code S 17980, et seq.; for
statutory requirement for cities to pass a soil testing ordinance, see Health and Safety Code SS 17953 - 17957.
15.04.005 Purpose and intent of provisions.
The purpose of this chapter is to establish minimum requirements for land development work,
to provide for the issuance of permits and for the enforcement of the requirements. These
provisions are supplementary and additional to the subdivision and zoning regulations of this
code and shall be read and construed as an integral part of said regulations and the land
development patterns and controls established thereby. It is the intent of the City Council to
protect life and property and promote the general welfare; enhance and improve the physical
environment of the community; and preserve, subject to economic feasibility, the natural scenic
character of the City. In administering these provisions, the following goals should be respected:
A. Ensuring that future development oflands, particularly in the hilly areas of the City, occurs
in the manner most compatible with surrounding areas and so as to have the least adverse effect
upon other persons or lands, or upon the general public;
B. Ensuring that soil will not be stripped and removed from lands in the more scenic parts of
the City, leaving the same barren, unsightly, unproductive, and subject to erosion and the hazards
of subsidence and faulty drainage;
C. Encouraging the planning, design and development of building sites in such fashion as to
provide the maximum in safety and human enjoyment, while adapting development to and taking
advantage of the best use of the natural terrain;
J~\Attomey\Ordinall~e\CVMC 15.04 (Excavation, GradingL02-19-0S.DOC
4-100
Ordinance No.
Page 4
D. Encouraging and directing special attention toward retaining, insofar as practical, the
natural planting and a maximum number of existing trees;
E. Ensuring any impact to sensitive biological resources, as defined by CYMC 17.35.030, is
consistent with the goals and policies of the Chula Vista MSCP subarea plan.
15.04.010 Definitions.
The following words and phrases, when used in this chapter, shall be construed as defined in
this section:
"Appurtenant structures" means manmade structures related to and necessitated by the
proposed grading and includes paved drainage ditches, inlet structures, lined channels, culverts,
outlet structures and retaining walls.
"Building pad" means that portion of an embankment and/or excavation contained within an
area bounded by a line five feet outside the foundation footing.
"Building site" means that portion of an embankment and/or excavation containing the
building pad(s) and lying within an area bounded by the top of slopes and/or toe of slopes within
the lot or parcel.
"Certify" or "certification" means a signed written statement that the specific inspection and
tests which were required have been performed and that the works comply with the applicable
requirements of this chapter, the plans, and the permit.
"Clearing" means the cutting of natural vegetation by any means, without disturbance to the
soil and root system.
"Clearing and grubbing permit" means a permit issued pursuant to this chapter that allows
clearing and grubbing that is not in association with other land development work.
"Compaction" means densification of a soil or rock fill by mechanical or other acceptable
procedures.
"Contract, private" means an agreement between a property owner and a qualified contractor
to do land development work.
"Contractor" means a contractor licensed by the state to do work covered by this chapter. A
contractor may be authorized to act for a property owner in doing such work.
"Embankment" or "fill" means any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, pulled, transported or moved to a new location and the
conditions resulting therefrom.
"Embankment, uncontrolled" means any embankment constructed as land development on
which no soil testing was performed or no compaction reports or other soil reports were prepared
or submitted.
"Engineer, private" means a civil engineer registered by the state. A private engineer may be
authorized to act for a property owner in doing work covered by this chapter.
"Engineering geolpgist" means a certified engineering geologist, registered by the state, who
is engaged in the practice of applying geological principles and data to engineering problems
dealing with naturally occurring rock and soil for the purpose of assuring that geological factors
are recognized and adequately interpreted in engineering practice.
"Erosion" means the process by which the ground surface is worn away by the action of water
or wind.
"Excavation or cut" means any earth, sand, gravel, rock or any similar material which is cut
into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed by man, and the
conditions resulting therefrom.
]:\AttomeyIOrdinanceICVMC 15.04 {Excavation, GradingL02-19-08.00C
4-101
Ordinance No.
Page 5
"Grade" means the elevation and cross-sections established for the finished surface. All grades
shall be based upon the official datum of the City.
"Grading" means any excavating or filling or combination thereof and shall include the land in
its excavated or filled conditions.
"Grubbing" means the removal of natural vegetation by any means including removal of the
root system.
"Land development permit" means a permit issued pursuant to this chapter to conduct land
development work.
"Land development work" means the making of excavations and embankments on private
property and the construction of slopes, drainage structures, fences and other facilities incidental
thereto, where it is necessary to safeguard life, limb, health, property and public welfare by
regulating and controlling the design, construction and quality of materials. Land development
work also includes other associated grading, and clearing and/or grubbing conducted in
preparation for such development.
"Landscape architect" means a landscape architect, registered by the state, who performs
professional work in physical land planning and integrated land development, including the
design of landscape planting programs.
"Landscape manual" means the current "City of Chula Vista Landscape Manual" approved by
resolution of the City Council.
"Minor slope" means a slope four feet or less in vertical dimension in either cut or fill,
between single-family lots and not parallel to any roadway.
"Natural terrain" means the original contour of a site prior to any grading.
"Permittee" means any person to whom a permit is issued pursuant to this chapter.
"Property owner" means the owner, subdivider or developer of real property which will be
benefited by the proposed land development work.
"Property, public" means property owned in fee by the City, or dedicated for public use.
"Public improvement" means publicly owned construction, structures or facilities in the public
right-of-way designed for the public use, safety or general welfare.
"Public rights-of-way" means public easements or dedications for streets, alleys and/or other
use.
"Rough grading" is the condition where the ground surface approximately conforms to the
design grade, generally within 0.5 feet.
"Slope" means the inclined exposed surface of a fill, excavation or natural terrain.
"Slope, natural" means the predominant slope or slopes of land in its original condition prior
to any grading.
"Soil engineer" meanS a civil engineer registered by the state who submits evidence to the
satisfaction of the City Engineer that:
1. He is engaged in the practice of civil engineering and spends a majority of his time in the
field of applied soil mechanics and foundations engineering;
2. He has at least four years of responsible practical experience in the field of applied soil
mechanics;
3. He is qualified to make the investigations and determinations, render the reports and
opinions, and perform the duties of a soil engineer as required by this chapter.
All persons meeting the qualifications set forth above shall be recognized by the City Engineer
as qualified to perform soil engineering under the provisions of this chapter.
J:lAtlomey\OrdinanceICYMC I 5.04 (E~cavalion, GradingL02-19-08.DOC
4-102
Ordinance No.
Page 6
"Soil, expansive" means any soil which swells more than three percent when prepared and
tested by a method approved by the City Engineer.
"Subdivider" means a person, fIrm, corporation, partnership or association who causes land to
be divided into one or more subdivisions for himself or others as defIned by those sections of the
Government Code known as the Subdivision Map Act.
15.04.015 Permit required for all land development work and soil investigations.
No person, either as property owner, contractor, private engineer or otherwise, shall do or shall
cause to be done any land development work without fIrst having obtained either a land
development permit or clearing and grubbing permit to do such work and having held a
pregrading or preclearing meeting if required by the City Engineer, except as provided in CYMC
15.04.150.
Soil investigations by a soil engineer or engineering geologist which involves trenching or
scarifying of the natural terrain shall require a permit. A special investigation fee shall be paid
prior to issuance of such permit.
15.04.017 Other required permits.
Prior to the City's issuance of a land development permit or clearing and grubbing permit, the
applicant shall show compliance with a habitat loss and incidental take (HUT) permit issued
pursuant to Chapter 17.35 CYMC, for areas that contain sensitive biological resources, as
defIned by CVMC 17.35.030, and are within:
A. Development areas outside of covered projects, as defIned by CVMC 17.35.030;
B. Seventy-fIve (75) to 100 percent conservation areas, as defIned by CVMC 17.35.030; or
C. One hundred (100) percent conservation areas, as defmed by CYMC 17.35.030.
Prior to the City's issuance of a land development permit or clearing and grubbing permit for
areas that contain sensitive biological resources, as defIned by CYMC 17.35.030, and are within
the development areas of covered projects, as defIned by CYMC 17.35.030, the applicant shall
show compliance with all applicable provisions of previous project entitlements issued by the
City and with any applicable conditions of coverage listed in the Chula Vista MSCP subarea
plan, as determined by the director of planning and building or designee.
Prior to the City's issuance of a land development permit or clearing and grubbing permit for
areas that will result in impacts to wetlands or to listed noncovered species, as defIned by CYMC
17.35.030, the applicant shall obtain, and show compliance with, all applicable federal and/or
state permits.
15.04.018 Additional Planning, Design, Construction, and Post-Construction Requirements
for All Land Development and Redevelopment Projects.
The City ofChula Vista Development Storm Water Manual is a part of this Ordinance and is
incorporated by reference as though set forth in full in this Ordinance. No land owner or
development project proponent in the City of Chula Vista shall receive any City permit or
approval for land development activity or signifIcant redevelopment activity unless the project
meets or will meet the requirements of this Ordinance and the Development Storm Water
Manaul.
The Development Storm Water Manual includes, among other requirements, the following
requirements:
Phased grading during construction (limitation of grading to a maximum
disturbed area before either temporary or permanent erosion controls are
Ordinance No.
Page 7
Compliance with Interim Hydromodification Criteria and Hydrograph
Modification Management Plan (HMP) requirements
Compliance with post-construction Best Management Practices self
inspections, maintenance, record keeping, and maintenance certification
The City of Chula Vista generally accepts standards established in the most up-to-date
editions of the following documents for Best Management Practices, however, the City Engineer
will make the final determinatiion to approve or disapprove any proposed BMPs:
Stormwater Best Management Practice Handbooks developed by the
California Stormwater Quality Association
Caltrans Treatment BMP Technology Report
County of San Diego Low Impact Development Handbook
Long-term maintenance obligations of all proposed Best Management Practices must
be approved in an agreement that runs with the land in perpetuity prior to the issuance of
a grading or other construction permit.
15.04.020 Compliance with conditions and specifications required - Deviations from
standards permitted when.
Except as herein provided, all land development work done shall be done in accordance with
the conditions of the required permit, and shall conform to the approved plans, standard
drawings, specifications, landscape manual, subdivision manual, and general conditions as may
be determined by the City Engineer to be applicable to the work. Such documents are on file in
the office of the City Engineer and shall be kept for public distribution in accordance with fee
schedules in said office. In connection with land development work, deviations from the
requirements of these standards may be permitted by the City Engineer based upon written
reports and recommendations by qualified and recognized authorities subject to review by the
City.
15.04.025 Provisions not to affect other code requirements.
This chapter shall not affect the requirements of any other chapter of this code requiring
permits, fees or other charges, including those for sewer and services, or affect any provisions
concerning the granting of franchises.
15.04.030 Facilities within public rights-of-way - Assignment of costs.
The following provisions of this section shall apply unless provision is made by an agreement
pursuant to CVMC 15.04.085 through 15.04.095:
A. The property owner shall pay the City for all the cost of placing, repairing, replacing or
maintaining a City-owned facility within a public right-of-way when the City's facility has been
damaged or has failed as a result of the construction or existence of the owner's land
development work during the process of such work.
B. The costs of placing, replacing or maintaining the City-owned facility shall include the cost
of obtaining a necessary alternate easement.
15.04.035 Commencement and completion of work - Extension of time.
All land development work shall be executed in accordance with the provisions of this chapter
and the terms of the permit issued by the City Engineer. Once commenced, work shall be carried
out diligently until completed. Unless otherwise specified upon the permit, all work shall be
completed within 180 days from the date of issuance of the permit. The City Engineer may grant
one extension of time for the completion of the work. Such extension shall not exceed the
original length of time designated on the permit.
J:\AttomeyIOrdil1anceICVMC 15.04 {Excavation. GradingL02.J9.08.DOC
4-104
Ordinance No.
Page 8
15.04.040 Slopes - Design requirements generally.
The inclination of each cut or fill surface resulting in a slope shall not be steeper than two
horizontal to one vertical (2: 1) except for minor slopes as herein defmed.
All constructed minor slopes shall be designed for proper stability considering both geological
and soil properties. A minor slope may be constructed no steeper than one and one-half
horizontal to one vertical (1.5: 1) contingent upon:
A. Submission of reports by both a soil engineer and a certified engineering geologist
containing the results of surface and subsurface exploration and analysis. These results should be
sufficient for the soil engineer and engineering geologist to certify that in their professional
opinion the underlying bedrock and soil supporting the slope have strength characteristics
sufficient to provide a stable slope and will not pose a danger to persons or property; and
B. The installation of an approved special slope planting program and irrigation system.
15.04.045 Building pads - Design requirements.
All building pads and building sites shall drain to an approved drainage facility unless
otherwise approved by the City Engineer.
15.04.050 Embankment requirements - Soil engineer may be required.
A. Unless otherwise specified on the permit, all embankments for land development work
shall be compacted in conformance with the provisions of the standard specifications. The permit
may require that an engineering geologist and/or soil engineer, as appropriate, be responsible for
the inspection and testing of the embankment work and inspection of excavations. The soil
engineer and engineering geologist, if one or both are required by the permit, shall file with the
City Engineer reports as required by CYMC 15.04.140 and 15.04.270(B).
B. Where, in the opinion of the City Engineer, the construction of an uncontrolled
embankment would not be contrary to the public interest or welfare, a permit for such land
development may be issued in accordance with CVMC 15.04.285. Plans for uncontrolled
embankment shall be complete in all respects except for soil analysis and compaction
requirements. Uncontrolled embankment slopes shall not be steeper than three horizontal to one
vertical (3:1).
15.04.055 Expansive soil grading requirements.
If, during the land development work, expansive soil is found within two feet in cut or three
feet in fill of the finished grade of any area intended or designed as the location for a building,
the permittee shall cause such expansive soil to be removed from such building area to a
minimum depth of two feet in cut or three feet in fill and replaced with nonexpansive soil
properly compacted; provided, however, the City Engineer may, upon receipt of a report by a
soil engineer certifying that he has investigated the property and recommending a design or
footings or floor slab or other procedure that in his opinion will alleviate any problem created by
such expansive soil, waive the requirement that such expansive soil be removed and replaced
with nonexpansive soil.
15.04.060 Landscaping and irrigation system.
All cut and fill slopes shall be planted and irrigated in accordance with an approved plan. Said
plan shall be prepared in accordance with the City landscape manual and shall be approved by
the City Landscape Architect, and the Director of Planning and Building or designee, as
necessary .
J:\AttorneyIOrdinanceICVMC 15.04 (Excavation, GradingL02-19-08.DOC
4-105
Ordinance No.
Page 9
15.04.065 Slopes - Tops and toes to be rounded.
The tops and toes of all major slopes in public view shall be rounded in accordance with the
City standard drawings.
15.04.070 Slopes - Blending into existing terrain.
All manmade slopes shall be blended into existing terrain to produce a natural-appearing
transition from the face of manmade slopes into natural ground. This blending shall be
accomplished in accordance with City of Chula Vista standard drawings. Undulating tops and
toes of slopes and variable slope ratios should be used to achieve natural-appearing slopes.
15.04.075 Slopes - Horizontal slope rounding.
Rounding shall be accomplished in accordance with the City of Chula Vista standard
drawings.
15.04.080 Preservation of existing monuments.
All existing survey monuments shall be shown on the grading plan. Evidence indicating that
arrangements have been made for the preservation and/or relocation of existing monuments shall
be submitted to the City Engineer prior to issuance of a land development permit.
15.04.085 Work in conjunction with subdivision of property - Requirements generally.
A subdivider of land required to do land development work as the result or condition of the
approval of the tentative map shall perform such work under one of the following procedures, as
set forth.in CYMC 15.04.090 and 15.04.095.
15.04.090 Work in conjunction with subdivision of property - Standard land development
permit - Requirements.
Should the subdivider desire to do certain land development work prior to entering into a
contract with the City to install and complete all subdivision and land development work, he may
make application to do so under a standard land development permit or clearing and grubbing
permit, if the land development work is limited to clearing and grubbing only. This application
shall be accompanied by detailed plans and specifications based upon the approved tentative map
and in conformity with the provisions of CYMC 15.04.017 and 15.04.040 through 15.04.075. A
schedule and estimate based upon such plans and specifications shall accompany the application.
15.04.095 Work in conjunction with subdivision of property - Contract for completion of
improvements - Requirements - Bonds.
A. Should the subdivider desire to do certain land development work in conjunction and
concurrently with installation and construction of required public improvements, he may enter
into a contract with the City to make, install and complete all improvements and land
developments in accordance with approved plans and specifications.
B. Prior to any construction of improvements and/or land development work, the subdivider
shall have complied with and performed the following requirements:
1. Subdivider shall file with the City Clerk detailed plans and specifications (or a statement
that work will be accomplished in accordance with standards and specifications of the City)
approved by the City Engineer for all public improvements and land development together with a
detailed cost estimate approved by the City Engineer and an estimate of time reasonably
necessary to complete the same.
2. Subdivider shall enter into a contract with the City to make, install and complete within
the time fixed by the City Engineer, but in no case more than two years from the date of
execution of said contract, all improvements and land development in accordance with the
J:lAttomey\OrdinanceICVMC 15.04 (Excavation, GradiIl8L02-19-08.DOC
4-106
Ordinance No.
Page 10
approved plans, and shall cause to be filed with the City Clerk a faithful performance bond
payable to the City which shall ensure the performance of the contract and the completion of the
improvements and land development work. The subdivider shall additionally file with the City
Clerk a labor and material bond to inure to the benefit of those persons entitled to the protection
of Part III, Title IV, Chapter II of the Code of Civil Procedure. A cash deposit or letter of credit
may be submitted in lieu of bonds hereinbefore described. Bonds and other forms of guarantee
shall be in full conformity with the requirements for subdivision guarantees as set forth in the
subdivision ordinance codified at CYMC Title..lli.
3. The bond or other guarantee shall be based on the City Engineer's estimate of the cost of
the work and in accordance with the following schedule:
a. Faithful performance bond:
Public improvements: 50 percent of cost estimate,
Land development: 50 percent of cost estimate;
b. Labor and material bond:
Public improvements: 50 percent of cost estimate,
Land development: 50 percent of cost estimate.
15.04.100 Building construction - Land development permit required - Prerequisite to
building permit.
A. An owner of land desiring to do land development work incidental to and in connection
with the construction of a building or structure shall present an application and obtain a land
development permit or clearing and grubbing permit. The City Engineer may require an on-site
field inspection of the rough grading phase of the work between representatives of the City's
Engineering, Planning and Building Departments and the permittee; civil engineer; soil engineer;
biologist, as defined by CYMC 17.35.030; and engineering geologist, as appropriate, before the
issuance ofa building permit. The permittee shall request a field inspection of the rough grading
phase, if required, five working days prior to the inspection. The rough grading phase of the land
development work described on form PW-E-I06B shall be completed prior to the issuance ofa
building permit except as provided below. The City may suspend any building permit where it is
found that land development work is being done or has been done without a land development
permit or clearing and grubbing permit until a land development permit or clearing and grubbing
permit is issued. The City may not certify to the completion of the building where land
development work has been done until a land development permit is obtained and certified as
complete.
B. Notwithstanding any provisions to the contrary in subsection (A) of this section, walls
which are designed and constructed to retain earth and are also integral portions of buildings may
be constructed under building permits concurrently with grading work within the project site.
15.04.105 Damaged or disused public improvements - Notification - Corrective action
required.
The City Engineer shall notify the property owner of such damage or failure as set forth in
CYMC 15.04.030. The City may withhold certification of the completion of a building or other
permitted work where a notice has been issued.
15.04.110 Public to be protected from hazards during construction - Fences and barricades
required when.
During the land development work, the contractor and owner shall take all necessary measures
to eliminate any hazard resulting from the work to the public in its normal use of public property
J:\AlIomeylOrdinanceICYMC 15.04 (Excavation, GradingL02-19-08.DOC
4-107
Ordinance No.
Page 11
or right-of-way. Any fences or barricades installed shall be substantially constructed and shall be
properly maintained as long as the hazard resulting from the work exists.
15.04.115 Safety precautions.
If at any stage of the work the City Engineer determines that further land development work as
authorized is likely to endanger any public or private property or result in the deposition of
debris on any public way or interfere with any existing drainage course, the City Engineer may
require, as a condition to allowing the work to be continued, that such reasonable safety
precautions be taken as he considers advisable to avoid such likelihood of danger. The permittee
will be responsible for removing any silt and debris deposited upon adjacent and downstream
public or private property resulting from his grading operations. Silt and debris shall be removed,
and damage to adjacent and downstream property repaired, as directed by the City Engineer.
Erosion and siltation control may require temporary or permanent siltation. basins, energy
dissipaters, or other measures as field conditions warrant, whether or not such measures are a
part of approved plans.
15.04.120 Fence specifications - Modification permitted when.
A. Where a slope is created adjacent to a public right-of-way or other publicly used property,
and the top of slope is within 10 feet of the property line and the height of the slope is three feet
or greater and steeper than four horizontal to one vertical (4: 1), a 48-inch-high fence shall be
erected between property line and the top of slope. The design of said fence shall be approved by
the City Engineer. "Publicly used property" is that property used frequently by persons other
than the residents.
B. The City Engineer may modify or delete the above requirements where it is evident that the
land development work will present no hazard to the adjacent property or public right-of-way.
15.04.125 Noncompliance.
A. If, in the course of fulfilling his responsibility under this chapter, the private engineer or the
soil engineer or biologist, as defined in CYMC 17.35.030, finds that the work is not being done
in substantial conformance with this chapter or the plans approved by the City Engineer or in
accordance with accepted practices, he shall immediately notify the permittee, the person in
charge of the land development work and the City Engineer, in writing, of the nonconformity
and of the corrective measures which should be taken.
B. In the event the work does not conform to the permit or the plans or specifications or any
instructions of the City Engineer, notice to comply shall be given in writing by the City Engineer
to the permittee. As soon as practical after a notice to comply is given, the permittee or his
contractor shall begin to make the corrections.
C. If the City Engineer finds any existing conditions not as stated in the application, land
development permit, clearing and grubbing permit, or approved plans, he may refuse to approve
work until approval is obtained for a revised grading or clearing and grubbing plan which will
conform to the existing conditions.
15.04.130 Modification of approved plans.
A. Modifications of the approved grading or clearing and grubbing plan must be in writing and
be approved by the City Engineer and/or his designated representative. All necessary soil and
geological reports shall be submitted with any substantial proposal to modify the approved
grading plan.
B. No land development work in connection with any proposed modifications shall be
permitted without the approval of the City Engineer and/or his designated representative.
J:lAttomey\Qrdinanee\CVMC 15.04 {Ellcavation, GradingL02.19.08.DOC
4-108
Ordinance No.
Page 12
15.04.135 Responsibility of permittee - Compliance with plans and requirements.
All permits issued hereunder shall be presumed to include the provision that the permittee, his
agent, contractors and employees shall carry out the proposed work in accordance with the
approved plans and specifications and in compliance with all the requirements of the permit and
this chapter. The civil engineer shall file a report as specified in CYMC 15.04.140.
15.04.140 Completion of work - Final reports.
Upon completion of the work the following reports shall be filed with the City Engineer unless
waived by him:
A. A written statement by the private engineer that all land development work and/or
associated drainage facilities have been completed in conformance with CYMC 15.04.165 and
15.04.225.
B. An as-built plan of the completed work prepared by a civil engineer.
C. A final as-built soil engineer's report which shall include a written statement that
inspections and tests were made during the grading, and that in his opinion all embankments and
excavations are in accordance with the provisions of this chapter and the permit and are
acceptable for their intended use. Soil-bearing capacity (except where the City Engineer
determines such is inapplicable), summaries offield and laboratory tests and locations of tests if
not previously submitted, and the limits of compacted fill on an as-built plan shall be included in
the report. The report shall include reference to the presence of any expansive soil or other soil
problems which, if not corrected, would lead to structural defects in buildings constructed on the
site. If such report discloses the presence of such expansive soil or such other soil problems, it
shall include recommended corrective action designed to prevent structural damage to each
building proposed to be constructed upon the site. The final as-built report shall also contain a
seepage statement or study as appropriate.
D. A final as-built engineering geology report by an engineering geologist based on the as-
built plan, including specific approval of the grading as affected by geological factors. Where
required by the City Engineer, the report shall include a revised geologic map and cross-sections
and recommendations regarding building restrictions or foundation setbacks.
E. A final biology report, if determined necessary by the Director of Planning and Building or
designee, which includes an assessment of the impacts on sensitive biological resources affected
by the land development work.
15.04.145 Notification of completion.
The permittee shall notify the City Engineer when the land development work is ready for
final inspection. He shall also notify the City Landscape Architect and the Director of Planning
and Building, or designee, when planting and irrigation are completed. Final approval shall not
be given until all work, including installation of all drainage structures and facilities, sprinkler
irrigation systems, planting and all protective devices, has been completed and any required
planting established and all as-built plans and reports have been submitted. The City Engineer
may accept in writing the completion of all work, or any portion of the work, required by the
permit issued in accordance with this chapter and thereupon accept said work or portion thereof.
15.04.150 Exemptions from applicability designated.
No person shall do any land development work without first having obtained a land
development permit or clearing and grubbing permit, except for the following:
A. The depositing of materials in any disposal area operated or licensed by the City;
l:\Attomey\Ordinance\CVMC 1.5.04 (Excavalion. GradingL02-19-08.DOC
4-109
Ordinance No.
Page 13
B. The making of excavation on any site or contiguous sites held under one ownership, in
which all of the following are characteristic of the work:
1. A cut slope having a maximum steepness of three horizontal to one vertical,
2. A cut having a maximum vertical depth of three feet at any point and a maximum average
depth of 18 inches,
3. No adverse effect upon an existing drainage pattern,
4. A top of slope no closer than one foot from an exterior boundary line, and
5. The movement ofless than 250 cubic yards of material;
C. The making of an embankment on any site or contiguous sites held under one ownership, in
which all of the following are characteristic of the work:
I. None of the embankment exceeds three feet in vertical depth or has an average maximum
depth in excess of 18 inches,
2. None of the embankment is placed on existing ground having a slope steeper than five
horizontal to one vertical (5: I),
3. Proposed fill slopes are no steeper than three horizontal to one vertical (3: I),
4. The embankment does not change or adversely affect the existing drainage pattern,
5. Adequate provisions are proposed to protect the embankment from erosion,
6. The toe of the embankment is no closer than one and one-half feet to an exterior property
line, and
7. The total volume of embankment does not exceed 250 cubic yards of material;
D. Excavation for foundations of buildings, structures, basements, cellars, swimming pools or
basins which are authorized by appropriate permits obtained from the Planning and Building
Department;
E. Excavation or embankment performed by a governmental agency, franchise holder, or its
contractor incidental to the construction of roadways, pipelines, or utility lines within its rights-
of-way;
F. "Foundations," as referred to herein, shall not be construed to include foundations for
retaining walls, drainage structures, or other structures appurtenant to the land development;
G. Routine maintenance of ornamental landscaping;
H. Agricultural operations, as defined pursuant to CYMC 17.35.030;
I. Maintenance of vegetation in accordance with an approved habitat management plan, or
other such similar plan, if consistent with such plan, and prepared pursuant to the Chula Vista
MSCP subarea plan;
J. Maintenance of vegetation in a designated fuel modification zone, consistent with the Chula
Vista MSCP subarea plan;
K. Clearing and grubbing in an area located entirely within a mapped development area, as
defined by CVMC 17.35.030, where it has been demonstrated to the satisfaction of the director
of planning and building, or designee, that no sensitive biological resources, as defined by
CVMC 17.35.030, exist;
1. Clearing and grubbing entirely located in a development area outside of a covered project,
as defined by CVMe 17.35.030, in an area that is one acre or less in size, is not part of a larger
contiguous clearing and grubbing project, and does not impact sensitive biological resources,
wetlands or listed noncovered species, as defined by CYMC 17.35.030.
15.04.155 Contractor - Qualifications required.
Every person doing land development work shall meet such qualifications as may be
determined by the City Engineer and/or director of planning and building to be necessary to
J;\Attomey\Ordinanc~\CVMC 15.04 (EXC<lVlIlion. GradingL02-l9-08.DOC
4-110
Ordinance No.
Page 14
protect the public interest. The City Engineer and/or Director of Planning and Building may
require an application for qualification which shall contain all information necessary to
determine the person's qualifications to do the land development work.
15.04.160 Work to be performed by licensed contractor.
All land development work shall be performed by a contractor licensed by the state.
15.04.165 Inspection of land development work - Responsibility therefor.
A. City Engineer. The City Engineer shall be responsible for all inspections of work not
otherwise delegated to some other person. These inspections include, but are not limited to,
drainage facilities, fencing, and compliance with state and City regulations in regard to the health
and safety of the general public.
B. Private Engineer. The private engineer shall be responsible for all surveying work
necessary for proper construction of the grading and drainage facilities. He shall inspect the site
to ensure that the embankment and cut slopes are placed at their proper line and grade. He shall,
prior to the release of bonds and surety, provide a written statement that, in his professional
opinion, all work incorporated in the grading and drainage plans, authorized under the grading
permit to include grading, drainage, and construction of appurtenant structures, has been
constructed to the lines and grades in substantial conformance with the approved plans, and any
approved revisions thereto.
C. Soil Engineer. The soil engineer shall be responsible for the testing of compaction and
determination of stability of the various slopes. He shall, prior to release of the bond and surety,
provide a written statement that inspections and tests were made by him, or under his
supervision, and that, in his professional opinion, all embankments have been compacted to City
standards and in accordance with the earthwork specifications for the project.
D. Landscape Architect. All landscaping work shall be designed under the supervision of a
landscape architect; however, a registered civil engineer or registered architect may be
responsible for the inspection of all landscaping and irrigation required in accordance with the
grading permit and plans if it is in conjunction with a project he has been contracted to do. He
shall, prior to the release of the bond and surety, provide a written statement that in his
professional opinion all work incorporated in the landscape and irrigation plans authorized under
the permit has been constructed in accordance with the approved plans and revisions thereto.
E. Biologist. A biologist, as defined by CYMC 17.35.030, shall be required to inspect all land
development or clearing and grubbing sites prior to work occurring in areas of sensitive
biological resources, as defined by CYMC 17.35.030, to ensure compliance with the permit
issued pursuant to this chapter. The biologist shall identify areas to be protected with appropriate
staking and fencing, ensure that these sensitive biological resources, as defined by CYMC
17.35.030, are correctly identified on the grading or clearing and grubbing plan, and inspect the
staking and fencing after installation to ensure installation according to plan. In addition, the
biologist shall conduct an inspection after the work is completed. Prior to the release of the bond
and surety, the biologist shall provide a written statement that in hislher professional opinion all
work was conducted as authorized under the permit in accordance with approved plans and
revisions thereto.
F. Prior to the release of building permits for any given lot or lots, the private engineer shall
submit a statement (Form PW-E-l06B) as evidence that rough grading for land development has
been completed within standard tolerance in accordance with the approved plans, and that all
embankments and cut slopes and pad sizing are as shown on the approved plans.
J;lAttomey\Ordil1anceICYMC 15.04 {Ex caval ion, Gradingl_02-19-08.DOC
4-111
Ordinance No.
Page 15
The soil engineer will submit a statement that all embankments, under his direction, have been
completed to an indicated 90 percent relative compaction of dry density.
15.04.170 Transfer of responsibility for approval.
If the private engineer, soil engineer, landscape architect, engineering geologist, or biologist,
as defined in CYMC 17.35.030, of record is changed during the course of 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 ofthe work.
15.04.175 Plans and reports to be prepared by engineers.
A. Plans for public improvements and land development work authorized under this chapter
shall be prepared by a civil engineer. Where soil or geologic reports or soil and geologic
investigations are required, the reports and investigations shall be prepared and conducted by an
engineering geologist and/or soil engineer as appropriate.
B. A seepage statement or study is required as a part of all soil reports. All soil engineering,
geologic, and geologic engineering reports shall consist of a preliminary and a final as-built
report. Whenever blasting is to be performed or bedrock is to be exposed, a seepage study must
be performed to determine method of handling excess water infiltration.
C. Plans prepared for land development work, which includes clearing and grubbing only,
shall be prepared with input from a biologist. .
15.04.180 Private contract performance bond - Required when - Issuance conditions
generally.
Persons performing private contract work under a permit issued in accordance with this
chapter shall furnish a bond/bonds or cash deposit or instrument of credit executed by the owner
or his agent, or both, as principal in accordance with the provisions codified in this section
through CYMC 15.04.215.
The performance bond/bonds shall be issued by a surety company authorized to do business in
the state and shall be approved as to form by the City Attorney. The bond/bonds shall be in favor
of the City and shall be conditioned upon the completion, free ofliens, of the work authorized by
the permit in accordance with the requirements of this chapter and the conditions prescribed by
the permit. Slope planting and irrigation bonds will be separate from the performance bond
requirements for appurtenant structures and grading. They will be held in the office of the
director of planning and building until satisfactory compliance with landscaping and irrigation
has been accepted.
15.04.185 Private contract performance bond - Conditions - Notice of default - Contents-
Effect.
The bond/bonds shall be conditioned upon the payment to the City of any costs incurred by the
City or its agent in completing the required work or performing work necessary to leave the site
in a nonhazardous condition and restoring habitat as may be needed. The bond/bonds shall be
further conditioned upon the payment to the City or its agents in completing the work required to
protect or repair adjacent public or private properties from damage from work performed under
the permit. Whenever the City Engineer finds that a default has occurred in the performance of
any term or condition of work authorized by a permit, he shall give written notice of such default
to the principal and surety of the bond. Such notice shall state the work remaining to be done, the
estimated cost of completion and the time estimated by the City Engineer to be necessary for the
completion of the work. After the receipt of such notice, the principal or the surety must, within
the time specified, either complete the work satisfactorily or deposit with the City an amount
J:\Attomey\Ordinance\CVMC 15.04 (Excavation, GradingL02. 19-08.DOC
4-112
Ordinance No.
Page 16
equal to the City Engineer's estimate of the completion cost plus an additional sum equal to 25
percent of such cost.
15.04.190 Private contract performance bond - Principal or surety liable for cost of
completing work when.
In the event that the principal or surety fails to complete such work within the time specified
in the notice, or fails to deposit the estimated cost plus 25 percent with the City, the City
Engineer may cause the required work to be completed. The principal and the surety shall be
liable for the cost of completing such work.
15.04.195 Private contract performance bond - Liability of City for performance of certain
work.
If the principal or surety deposits the estimated cost plus 25 percent as set forth in the notice,
the City Engineer shall cause the required work to be completed. The unexpended money shall
be returned to the depositor at the completion of such work, together with an itemized accounting
of the cost. The principal and surety shall hold the City blameless from any liability in
connection with the work so performed by the City or contractor employed by the City. The City
shall not be liable in connection with such work other than for the expenditure of said money.
15.04.200 Private contract performance bond - Cash deposit accepted in lieu when -
Default correction procedure.
In lieu of a bond, the permittee may post a cash deposit with the director of finance in an
amount equal to the required bond. Notice of default as provided above shall be given to the
principal, and if the default is not corrected within the time specified, the City Engineer should
proceed without delay and without further notice of proceeding whatever to use the cash deposit
or any portion of such deposit to complete the required work. The balance, if any, of such cash
deposit shall, upon the completion of the work, be returned to the depositor or to his successors
or assigns after deducting the cost of the work.
15.04.205 Private contract performance bond - Not required when.
No performance bond under the provisions of this chapter shall be required from the state, or
any of its political subdivisions, or any governmental agency.
15.04.210 Private coutract performance bond - Required from certain contractors when-
Exception.
A contractor working for the state or any of its political subdivisions or any governmental
agency shall present a performance bond unless proof is submitted that the work is covered by a
bond inuring to the benefit of the state or agency.
15.04.215 Private contract performance bond - Conditions - Compliance with certain
terms and provisions required.
Every bond or other performance guarantee shall include conditions that the permittee shall:
A. Comply with all provisions of this chapter;
B. Comply with all terms and conditions of the land development permit or clearing and
grubbing permit;
C. Complete the land development work within the time limit specified in the land
development permit or clearing and grubbing permit.
J:\Allome)lIQrdinance\CYMC 15.04 (Excavation. GradingL02-19-08.DOC
4-113
Ordinance No.
Page 17
15.04.220 Private contract performance bond - Method of estimating amount - Schedule.
The amount of the bonds or cash deposits covering a specific job shall be based on the amount
of the estimate submitted by the person doing the work and approved by the City Engineer and in
accordance with the following schedule:
A. Appurtenant structures: 100 percent of the estimated cost of retaining walls, drainage
facilities or other grading appurtenances;
B. Grading: 25 percent of the estimated cost. This percentage may be varied by the City
Engineer to fit conditions which are unusual in his opinion;
C. Slope planting and irrigation: 100 percent of the estimated cost of required landscaping and
irrigation facilities;
D. Maintenance of landscaping: 100 percent of the estimated cost of maintaining landscaping
for the period specified upon the permit;
E. Habitat restoration: 100 percent of the estimated cost of repairing or replacing sensitive
biological resources, as defined by CYMC 17.35.030, including short-term maintenance and
long-term monitoring (typically five years), as specified by a biologist.
15.04.225 Release of bonds/security.
Bonds and other security shall be released 35 days after filing a "notice of completion" with
the county recorder (recorded copy to City Engineer) for improvements accepted by this City and
upon acceptance of completed Form PW-E-106 ("request for release of bonds") submitted by the
permittee. This form is available in the office of the City Engineer. Such form may not be
accepted until the end of the maintenance period for the required landscaping, unless a separate
bond is or has been submitted to guarantee maintenance of landscaping.
15.04.230 City Engineer - Enforcement responsibility and permit issuance authority.
The City Engineer shall enforce the provisions of this chapter. He shall, upon application by
qualified persons, issue permits in connection with land development work when all applicable
conditions established by this chapter for such permits have been met.
15.04.235 City Engineer - Powers and duties generally.
The City Engineer shall cause land development work being done without a permit to be
stopped until a permit has been obtained. He may require that such work done without a permit
be removed or corrected, including habitat restoration, at the expense of the responsible person.
Where land development work involves an embankment improperly constructed or constructed
without adequate testing, he shall cause such embankment to be reconstructed or, in lieu thereof,
shall cause a declaration of improper land development to be recorded in the office of the county
recorder. He shall have work done in connection with land development to ensure compliance
with the provisions of this chapter and shall release the bond when such work is properly
completed.
15.04.240 City Engineer - Authority to determine applicable fees.
The City Engineer shall determine the fees applicable under the provisions of this chapter.
15.04.245 City Engineer - Duty to consider certain recommendations and deny certain
applications.
When the nature of the work requested is such that it comes within the requirements of, or
affects the operation of, any other department of the City, the City Engineer shall obtain and
consider the recommendations of applicable City departments in determining the disposition of
the application. He shall deny applications which are not in the interest of the public health,
J:\Attomey\Ordinanee\CVMC 15.04 (Excavation. GradingL02-19-08.DOC
4-114
Ordinance No.
Page 18
safety or general welfare, or do not constitute a reasonable use of land as indicated by the
existing zoning or an approved land use plan.
15.04.250 City Engineer - Grounds for cancelling permit or amending plans.
The City Engineer may cancel a permit or may require the plans to be amended when it is in
the interest of public health, safety and welfare and under any of the following:
A. Upon the request of the permittee;
B. When the facts are not as presented by the permittee in application;
C. When work as constructed or as proposed to be constructed creates a hazard to public
health, safety and welfare.
15.04.255 Appeals - Authorized when - Determination authority.
An applicant may appeal the City Engineer's denial of, or the conditions of approval of, an
application for a land development or clearing and grubbing permit to the City council.
15.04.260 Appeals - Time limit for filing - Form.
The applicant for a permit issued pursuant to this chapter, or the permittee, may appeal to the
City Council from any decision of the City Engineer within ten working days after said decision.
Appeals shall be in writing and shall state the specific nature of the appeal. Appeals shall be filed
with the City Clerk.
15.04.265 Permits - Application - Procedure generally - Detailed plan required.
Applications for permits authorizing land development work shall be made in accordance with
procedures established by the City Engineer. Applications shall be accompanied by such detailed
plans, specifications and schedules as listed in the subdivision manual, landscape manual, and as
otherwise required by the City Engineer. See CYMC 15.04.290 and 15.04.295 regarding fees.
15.04.270 Permits - Application - Detailed plans and specifications required.
A. Detailed plans and specifications for land development shall include, but not be limited to:
1. Those requirements listed in the subdivision manual;
2. A vicinity sketch or other data adequately indicating the site location;
3. A plot plan showing the location of the land development boundaries, lot lines, and
public and private rights-of-way lines;
4. A contour map showing the present contours of the land and the proposed contours or
grid elevations. Contours will extend beyond the limits of grading at least 100 feet;
5. The location of any buildings or structures within the land development boundaries, and
the location of any building or structure on adjacent property which is within fifteen feet of the
land development boundary;
6. Typical sections showing details concerning proposed cut and fill slopes;
7. Adequate plans of all drainage devices, walk or other protective devices to be constructed
in connection with, or as a result of, the proposed work, together with a map showing the
drainage area of land tributary to the site and the estimated runoff of the area served by any
drainage facilities and devices;
8. An estimate of the quantity of excavation and fill involved, quantities relative to
construction of appurtenant structures, estimate of cost and estimated starting and completion
dates;
9. A landscape and irrigation plan indicating the total landscaped square footage, plant
quantity, spacing, type and location and the layout of the irrigation system, and an estimate of
cost of the landscaping and irrigation facilities;
J:\AUomeyIQrdinance\CVMC 15.04 (Ex.cavation, GradingL02+19-08.DOC
4-115
Ordinance No.
Page 19
10. A map, prepared by a biologist, as defined by CYMC 17.35.030. illustrating the
proposed land development work relative to sensitive biological resources in compliance with
the applicable habitat loss and incidental take permit issued pursuant to Chapter 17.35 CYMC;
11. An erosion control plan as may be required by the City Engineer or the director of
Planning and Building.
B. A soil investigation may be required to correlate surface and subsurface conditions with the
proposed land development plan. The results of the investigation shall be presented in a soil
report by a soil engineer which shall include, but not be limited to: location of faults; data
regarding the nature, distribution, and strength of existing soil and rock on the site; the soil
engineer's conclusion; recommendations for grading requirements, including the correction of
weak or unstable soil conditions and treatment of any expansive soil that may be present; and his
opinion as to the adequacy of building sites to be developed by the proposed land development
operations. The soil engineer shall provide an engineering geology report by an engineering
geologist when required by the City Engineer. A seepage statement or a study is required as a
part of all soil reports. Whenever blasting is to be performed or bedrock is to be exposed, a
seepage study must be performed to determine method of handling excess water infiltration.
C. The City Engineer may require other data or information as he deems necessary. He may
eliminate or modify any of these requirements where, in his opinion, they will serve no practical
purpose.
15.04.275 Permits - Issuance - Prerequisites and contents.
The City Engineer shall issue permits for land development work upon approval of
applications and plans, receipt of the prescribed fees and bonds, and receipt of letters from the
private engineer, soil engineer, engineering geologist, landscape architect, biologist, and others,
as required by the City Engineer, that they have been retained by the permittee to perform the
work specified in CYMC 15.04.165. The permits shall include, or refer to, the conditions, plans
and specifications which shall govern the work authorized.
15.04.280 Investigations authorized and required when - Fee.
The City Engineer may require the payment of the prescribed fees for special investigations
when the proposed work or inquiries necessitate that special work be performed by the City.
Special investigations shall include all requests for time extensions or variance requests and shall
be accompanied by the special investigation fee.
15.04.285 Agreement required for uncontrolled embankments - Additional specifications.
A. Applications for land development permits involving uncontrolled embankments shall be
accompanied by an agreement signed by the property owner. The agreement shall be prepared by
the City Engineer and shall contain the following provisions and such other provisions as may in
the opinion of the City Engineer afford protection to the property owner and City:
1. The land development work shall be designated as an uncontrolled embankment and shall
be constructed in accordance with plans approved by the City Engineer.
2. The owner acknowledges that, as an uncontrolled embankment, the site is not eligible for
a building permit unless special soil analysis and foundation design are submitted.
3. The land development work shall be done and maintained in a safe and sanitary manner
at the sole cost, risk and responsibility of the owner and his successors in interest, who shall hold
the City harmless with respect thereto.
B. The agreement for uncontrolled embankments shall be approved by the City Council and
recorded by the City Clerk in the Office of the County Recorder as an obligation upon the land
J:\AttomeylQrdinlll'lcelCVMC 15.04 (Excavation. GnWingL02-19-08.DOC
4-116
Ordinance No.
Page 20
involved. The notice shall remain in effect until release of the agreement is filed by the City
Engineer.
15.04.290 Fees - Collection - Method of estimation - Verification - Payment required-
Exemptions.
A. Fees required by this chapter shall be collected by the City Engineer and deposited with the
director of finance. Such fees shall be as presently designated, or as may in the future be
amended, in the master fee schedule.
B. No permit shall be issued, and no land development work shall be permitted until the City
Engineer has received the fees applicable under this chapter.
C. The state or any of its political subdivisions or any governmental agency shall file
applications for permits and shall be issued permits as required by this chapter. No fees shall be
required when the work is done by persons working directly for the state or agency.
D. The City Manager, or his designee, may authorize, without advance appropriation, the
refund of fees required by this chapter to be collected, or such portion of the fees deemed
appropriate for refund by the City Manager (net of costs incurred by the City in processing the
permit application or unless the City has used the fees to construct facilities for a development
for which the fees were paid), if the City Manager finds that the permit for which they were
collected has been revoked, surrendered or terminated without use by the permittee and the
refund is less than $100,000. All other refunds shall be authorized by the City Council.
15.04.295 Fees - Schedule for computation.
Fees shall be as presently designated, or as may in the future be amended, in the master fee
schedule
15.04.305 Fees - To be doubled in certain cases - Effect of imposition.
In the event that land development work is commenced without a land development or
clearing and grubbing permit, the City Engineer shall cause such work to be stopped until a
permit is obtained. The permit fee, in such instance, shall then be the normally required permit
fee, plus $500.00. The payment of the increased permit fees shall not relieve any person from
fully complying with the requirements of this chapter in the performance of the work. Such fee
shall defray the expense of enforcement of the provisions of this chapter in such cases.
When land development work commences without a permit and results in damage to sensitive
biological resources, as defmed by CYMC 17.35.030, restoration requirements (including
maintenance and monitoring) shall be imposed at the sole discretion of the director of planning
and building and the full cost of the restoration shall be borne by the property owner.
When land development work is inconsistent with a permit issued pursuant to Chapter 17.35
CYMC and results in damage to sensitive biological resources, as defined by CYMC 17.35.030,
restoration requirements (including maintenance and monitoring) shall be imposed at the sole
discretion of the director of planning and building and the full cost of the restoration shall be
borne by the property owner. The payment of such fees or penalties as described above shall not
prevent the imposition of any penalty prescribed or imposed by this chapter, Chapter 1.4 I
CYMC, or other federal or state law.
15.04.310 Violations - Declared unlawful and public nuisance - Abatement authority.
Any land development work commenced, done, maintained or allowed, contrary to the
provisions of this chapter, shall be, and the same is hereby declared to be, unlawful and a public
nuisance. Upon order of the City Council, or upon the determination of the City Manager or the
City Attorney, necessary proceedings for the abatement, removal and/or enjoinment of any such
J:\AUomey\Ordinllnce\CVMC 15.04 (Excavation, GmdingL02-19-08.DOC
4-117
Ordinance No.
Page 21
public nuisance shall be commenced in the manner provided by law. Alternatively, the
procedures to abate under Chapter 1.30 CYMC may be used. Any failure, refusal, or neglect by a
responsible party to obtain a permit as required by this chapter shall be prima facie evidence of
the fact that a public nuisance has been committed in connection with any land development
work commenced or done contrary to the provisions of this chapter.
15.04.315 Abatement of dangerous conditions.
Where the City Engineer determines that land development work has created a danger to
public or private property or has resulted in the deposition of debris on any public way or
interferes with any existing drainage course, the City Engineer shall serve written notice on the
property owner, describing the conditIon and requiring that the property owner abate the
dangerous condition within ten days after the notice is received. If the property owner fails to so
abate the condition, the City Engineer may do so, in which event the property owner shall be
liable for all costs of such abatement, including, but not limited to, reasonable attorney fees. The
expenses of abatement shall be a lien against the property on which it is maintained and a
personal obligation against the property owner.
15.04.320 Emergency abatement by City - Liability for costs.
If it appears to the City Engineer that an emergency exists because land development work has
resulted in a danger to public or private property, then, without following the procedure
established by CYMC 15.04.315, the City Engineer may order all work necessary to remove,
abate or mitigate the condition creating such emergency. The City Engineer may do the work
with his own employees or may contract to have the work done; in either event, the City
Engineer shall keep a record of the costs of the work and charge the cost of the work to the
property owner who shall repay the City for the cost thereof.
15.04.325 Costs of abatement - Special assessment procedure - Statutory authority.
The costs of abating a dangerous condition within the meaning of this chapter shall be
imposed as a special assessment against the land on which such abatement was done. Costs and
assessment procedures will be in accordance with Chapters 1.40 and 1.41 CYMe. The property
owner may raise and the City Manager shall consider, as a complete or partial defense to the
imposition of the assessment, questions as to the necessity of the abatement and the means in
which it was accomplished. Pursuant to Government Code Section 38773.5, abatement costs
shall be transmitted to the tax collector for collection. This assessment shall have the same
priority as other City taxes.
15.04.330 Conflicts.
Except for exempt projects, if a conflict occurs between this chapter and Chapter 17.35
CYMC, the stricter regulation shall apply.
SECTION II: This Ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Presented by
Approved as to form by
Dave Byers
Director of Public Works
~~\'\~-&~~
Ann Moore
City Attorney
J:\Atlomcy\Ordinancc\CVMC 15.04 (Excavalion, GradingL02.19-08.DOC
4-118
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE "CITY OF CHULA VISTA
JURlSDICTIONAL URBAN RUNOFF MANAGEMENT
PROGRAM (JURMP), DECEMBER 2001"
WHEREAS, on January 24,2007, the San Diego Regional Water Quality Control Board
(Regional Board) adopted a new National Pollutant Discharge Elimination System (NPDES)
Municipal Permit, Order No. R9-2007-0001 (New Permit); and
WHEREAS, the New Permit requires the eighteen cities of San Diego County, the San
Diego Unified Port District, the San Diego County Regional Airport Authority, and the County
of San Diego (Copermittees) to review and upgrade their storm water, grading and other relevant
ordinances and standards, as necessary, to comply with the more stringent requirements of the
New Permit; and
WHEREAS, each Copermittee is also required to update their Jurisdictional Urban
Runoff Management Program (JURMP) and other relevant program documents and standards by
March 24, 2008, in order to be in compliance with the New Permit; and
WHEREAS, proposed amendments to Chula Vista Municipal Code (CYMC) Chapters
14.20 and 15.04 would incorporate, by reference, the City's "Development Storm Water Manual,
January 2008" and establish new requirements and guidelines for storm water management on
development and redevelopment projects, during both the construction and post-construction
phases of projects; and
WHEREAS, the "JURMP, December 2007" prepared by D-Max Engineering (City's
consultant), outlines the City's program to comply with New Permit requirements for the
duration ofthe New Permit; and
WHEREAS, the proposed actions would place the CYMC amendments on first reading
and approve the "Development Storm Water Manual, January 2008" and the "JURMP,
December 2007"; and
WHEREAS, pursuant to the Regional Board's adoption of the New Permit, the City
entered into an agreement dated May 1,2007, with D-Max Engineering, Inc., for the preparation
of the City's JURMP, December 2007 document; and
WHEREAS, the JURMP is an outline of the program to be implemented by City staff, as
required by the New Permit, to ensure that all new development and major redevelopment,
existing industrial, commercial, residential, municipal land uses, and construction sites
implement adequate pollution prevention measures and BMPs, as well as conduct necessary
monitoring and reporting; and
J:\A.ttomey\RESOISEWERIJURMP Dee, 2007 _02-19-08.DOC
4-119
Resolution No. 2008-
Page 2
WHEREAS, the JURMP is a dynamic document, and includes: inventories of active
construction and building sites; commercial and industrial facilities; lists of minimum and
recommended BMPs, Best Available Technologies, and Best Conventional Technologies; and,
locations of sensitive areas and impaired water bodies; and
WHEREAS, as required by the New Permit, starting September 30, 2008, the City will be
required to submit JURMP annual reports that include documentation of the activities conducted
by the City during the previous reporting period; and
WHEREAS, under the New Permit, it is the City's responsibility to prevent, through
enforcement of its ordinances and permitting requirements, discharges of pollution from its
storm drainage systems to the waters of the United States; and
WHEREAS, pursuant to Clean Water Act Section 303(d), the United States
Environmental Protection Agency and the Regional Board have declared San Diego Bay to be an
impaired water body and, therefore, special restrictions apply to discharges from all
municipalities within the San Diego Bay Watershed; and; and
WHEREAS, this condition demands extra vigilance and effort on the part of affected
municipalities; and; and
WHEREAS, the JURMP document includes the overall program to be implemented by
the City within its jurisdiction during the life of the New Permit and covers major components as
follows: (I) Development Planning; (2) Construction; (3) Existing Development (including
Municipal, Industrial and Commercial, Residential); (4) Illicit Discharge Detection and
Elimination; (5) Education; (6) Public Participation; (7) Fiscal Analysis; (8) Program
Effectiveness Assessment; (9) Reporting; and, (10) Receiving Water Monitoring; and
WHEREAS, another requirement of the New Permit is the development and
implementation of a Regional Urban Runoff Management Program by all Copermittees, and a
Watershed Urban Runoff Management Program by the Copermittees sharing watersheds; and
WHEREAS, several joint tasks are included in the regional and watershed programs,
including assessment of water quality of all receiving waters (Receiving Water Monitoring),
development of watershed maps, identification and prioritization of major water quality
problems, as well as regional and watershed based educational programs; and
WHEREAS, the City currently participates in the regional receiving water monitoring
program -- the New Permit will require more extensive monitoring and testing to be carried out
at the regional and watershed levels; and
WHEREAS, the regional and watershed specific Urban Runoff Management Program
documents are required to be submitted to the Regional Water Quality Control Board by
March 24, 2008; and
J:\Allomey\RESO\SEWERIJUR!VlP Dec. 2007_02.19-08.00C
4-120
Resolution No. 2008-
Page 3
WHEREAS, the City is currently continuing to implement the storm water quality
program that was developed for compliance with the previous NPDES Municipal Permit, Order
No. 2001-01, and Municipal Code Section 14.20; and
WHEREAS, as of March 24, 2008, Copermittees must fully comply with the New Permit
requirements; and
WHEREAS, implementation of the New Permit will have a major fiscal impact on the
City, insofar as the number of commercial, industrial, municipal, and residential inspections will
increase significantly; and
WHEREAS, in addition, the New Permit requires: extensive data management and
reporting; effectiveness assessment of various program elements; regional, watershed, and
jurisdictional receiving water and dry weather monitoring; and more frequent storm drain
maintenance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves the "City of Chula Vista Jurisdictional Urban Runoff Management Program
(JURMP), December 2007."
Presented by
Approved as to form by
Dave Byers
Director of Public Works
~~~!.)r~",,~
Ann Moore
City Attorney
j:lAnomey\RESOISEWER\JURMP Del:. 2007_02-19-08.DOC
4-121
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE "CITY OF CHULA VISTA
DEVELOPMENT STORM WATER MANUAL, JANUARY
2008" AND AUTHORIZING THE CITY ENGINEER TO
EXECUTE "STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENTS" ON BEHALF OF THE CITY
WHEREAS, on January 24,2007, the San Diego Regional Water Quality Control Board
(Regional Board) adopted a new National Pollutant Discharge Elimination System (NPDES)
Municipal Permit, Order No. R9-2007-0001 (New Permit); and
WHEREAS, the New Permit requires the eighteen cities of San Diego County, the San
Diego Unified Port District, the San Diego County Regional Airport Authority, and the County
of San Diego (Copermittees) to review and upgrade their storm water, grading and other relevant
ordinances and standards, as necessary, to comply with the more stringent requirements of the
New Permit; and
WHEREAS, pursuant to the Regional Board's adoption of the New Permit, City staff
reviewed Chapter 15.04 of the Chula Vista Municipal Code to determine if the City's legal
authority is adequate to control pollutant discharges from development and redevelopment
projects in Chula Vista and meet all the requirements ofthe New Permit.
WHEREAS, adding Section 15.04.018 to the CYMC Chapter 15.04 incorporates, by
reference, the City's Development Storm Water Manual, January 2008 into the Excavation,
Grading, Clearing, Grubbing and Fills Ordinance; and
WHEREAS, the Development Storm Water Manual, January 2008 includes the City's
Standard Urban Storm Water Mitigation Plan (SUSMP) and sets out criteria and guidelines for
proponents of development and redevelopment projects in Chula Vista to comply with the City's
storm water and non-storm water requirements on new development and redevelopment projects;
and
WHEREAS, the Development Planning Component of the New Permit requires updates
to Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria; and
WHEREAS, under this requirement, Copermittees are required to enforce practices to
detain, treat, and infiltrate storm water runoff from development and major redevelopment
through the adoption oflocal ordinances and project review and approval processes; and
WHEREAS, moreover, sizing of the BMPs implemented to achieve this goal will need to
be based on numerical criteria mandated by the New Permit; and
J:\Atlomey\RESO\AGREEMENTS\Storm Water Manual and AgreemenlS_02-19-08.00~ -1 2 2
Resolution No. 2008-
Page 2
WHEREAS, BMPs include structural devices and landscaping improvements designed to
remove pollutants and to reduce runoff volume; and
WHEREAS, these requirements are expected to have a broad impact on municipalities
and new residential, commercial, and industrial projects, as well as major redevelopment
projects; and
WHEREAS, as required under the New Permit, the Copermittees have collectively
updated the Model SUSMP that was first developed by the Copermittees on February 14,2002;
and
and
WHEREAS, the Updated Model SUSMP includes Low Impact Development principles;
WHEREAS, the proposed Development Storm Water Manual, January 2008
incorporates, in Section 3, an updated local SUSMP that is based on this Updated Model
SUSMP; and
WHEREAS, other sections of the Storm Water Manual include: (1) Project Review and
Permitting Processes; (2) Water Quality Technical Report Guidelines; (3) Best Management
Practices Design Criteria; (3) Permanent Standard Storm Water BMPs Requirements; (4)
Construction Storm Water Performance Standards; and, (5) Implementation and Maintenance
Requirements; and
WHEREAS, updating the City's Ordinances, development permitting processes, JURMP,
SUSMP (including the City's Development Storm Water Manual) and establishing legal
authority by the due date of March 24,2008, are requirements of the Municipal Permit; and
WHEREAS, non-compliance with said requirements will result in a violation of the
Municipal Permit and expose the City to enforcement action, including Notices of Violation
and/or monetary fines as well as possible third party suits.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves the "City ofChula Vista Development Storm Water Manual, January 2008" and
authorizing the City Engineer to execute "Storm Water Management Facilities Maintenance
Agreements" on behalf of the City.
Presented by
Approved as to form by
Dave Byers
Director of Public Works
ikx~\'h~" ~
Ann Moore '
City Attorney
l:\Altomey\RESO\AGREEMENTS\Sloml Water Mal1uaJ ilI1d Agreemellls_02-19-0S.D0'4_1 23
Attachment to Agenda Item # 4
Storm Water Management Program
February 19,2008
CITY OF CHULA VISTA
Storm Water Program Costs
.:. Old Permit Annual Costs
(FY 06/07 actual costs)
$1.4 M
.:. Approved in FY 07/08 budget
(Additional to the FY 06/07 budget)
$0.8M
.:. Estimated Additional Annual Permit Costs
(FY 08/09 to FY 11/12)
$1.2 M
.:. New Permit Annual Costs
(Estimated average costs
FY 08/09 to FY 11/12)
$2.6M
Note: All of the above costs and budget estimates include staff time and operating expenditures.
They do not include Capital Improvement Project costs.