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ORDINANCE OF THE CITY OF CHlJl.*'i:.~~ AMENDING
SECTION 14.20.110 OF THE ~}{ VISTA MUNICIPAL
CODE AND ADDING SECTte)N"14.20.125 RELATING TO
"STORM WATER MANAGEMENT AND DISCHARGE
CONTROL"
ORDINANCE NO.
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 (CYMC) 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 projects, 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.
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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 inor 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
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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 fines 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 ofthe 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,
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 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 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:
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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.
1. "Enforc.ement 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.
L. "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 ChuIa 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 CYMe.
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:
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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.
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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 andlor 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 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.
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.
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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. CAG679001,
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:
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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.
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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 of the connection, except as authorized in CYMC 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.
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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.
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It is unlawful for such person or facility owner or operator to fail or refuse to undertake and
provide the monitormg, 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)(I) 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
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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.IOO(D)(I).
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 CYMC 1.40.030.
B. Notice Contents. Notwithstanding any other provision of the Municipal Code, when the
Enforcement Official detennines 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
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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 (1) 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 $ 1 0,000 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 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.
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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 fmal determination to approve or disapprove any proposed BMPs:
. Stormwater Best Management Practices Handbooks developed by the California
Stormwater Quality Association
. CAL TRANS 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
~<1'.~ ~,~\\..
Ann Moore '
City Attorney
Dave Byers
Director of Public Works
l:\Altomey\Ol'liimmcc\CYMC 14.20 (Storm Water MgmIL02-l9-QS.DOC
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R'\\O~
ORDINANCE NO. ~\) tr\)O
0~
ORDINANCE OF THE CITY OF C~~~VISTA ADDING
SECTION 15.04.018 TO THE ..a~Jr VISTA MUNICIPAL
CODE RELATING TO S~ItXCAVATION, 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. R9-2007-0001 (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 (CYMC) 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 proj ects; 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 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.
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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. I 00 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.
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.
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.
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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 applicablefees.
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 9 17980, et seq.; for
statutory requirement for cities to pass a soil testing ordinance, see Health and Safety Code 99 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 of lands, 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;
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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 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.
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"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 oflandscape 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.
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"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
Govermnent 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 CYMC 17.35.030, and are within:
A. Development areas outside of covered projects, as defmed 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 (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 defmed 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 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
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
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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 CYMC 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.
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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 defined.
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 l5.04.270(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 CYMC 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 .
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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
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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 ~.
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, Plarming 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 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-l 06B shall be completed prior to the issuance of a
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
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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: I), 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.
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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), sununaries 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 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 Plamling
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;
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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: 1),
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;
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;
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 CYMC 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
CYMC 17.35.030. exist;
L. 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 CYMC 17.35.030.
15.04.155 Contractor - Qualifications required.
Every person doing land development work shall meet such qualifications as may be
detennined by the City Engineer and/or director of planning and building to be necessary to
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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
detennine 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 ofland 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
pennit 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 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 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 his/her 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 pennits 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.
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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 of the 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 bondlbonds 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 bondlbonds 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 bondlbonds shall be in favor
of the City 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.
15.04.185 Private contract performance bond - CondItions - Notice of default - Contents-
Effect.
The bondlbonds 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 bondlbonds 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
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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 lJIlexpended 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 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.
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.
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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 oflandscaping: 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-I06 ("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 oflandscaping.
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,
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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 shaIl state the specific nature of the appeal. Appeals shaIl be filed
with the City Clerk.
15.04.265 Permits - Application - Procedure generaIly - 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 fiIl 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;
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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
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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 defined 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 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. 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.
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
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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 rnay 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 CYMC. 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
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