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HomeMy WebLinkAbout04-04 CC Ordinance I I I ORDINANCE NO. 04-04 AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, ADDING TITLE 18 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO GRADING, EROSION AND SEDIMENT CONTROL, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO PREPARE A GRADING MANUAL SETTING FORTH THE ADMINISTRATIVE PROCEDURES AND TECHNICAL REQUIREMENTS NECESSARY TO IMPLEMENT THIS ORDINANCE The City Council of the City of Temecula, does ordain as follows: Section 1: Growth and development have created permanent changes to the City's landscape and its natural resources. Open space and naturally vegetated areas have been permanently altered through clearing and grading activities associated with construction and land development. Loss of ground cover, coupled with grading, excavation, and compaction of the land contributes to decreased groundwater infiltration, increased storm water flow, erosion and increased sediment runoff into streams and other water bodies. Controlling erosion and sedimentation represents a vital component of protecting the water quality of our watercourses, water bodies and wetlands. Section 2: Grading and land clearing activities also impact the City's aesthetic value and community character. Establishing minimum standards and requirements relating to land grading, clearing, excavations and fills, and procedures by which these standards and requirements may be enforced, will help to ensure soil is not stripped and removed from lands in the City, leaving them unsightly and susceptible to erosion, subsidence, faulty drainage and sediment deposition. Section 3: It is desirable to adopt regulations for grading private property that will help to ensure that future grading, clearing and development of land within the City occurs in the manner most compatible with surrounding areas, and is paramount to protecting life, limb and property, and promoting and enhancing the general public welfare and a superior community environment. Section 4: The Temecula Municipal Code is hereby amended by adding Title 18, consisting of Articles 1 through 11, and the various Chapters and Sections within each Article, to read as follows: R:/Ords 20O4/0rds 04.04 I I I TITLE 18 THE CITY OF TEMECULA GRADING, EROSION, AND SEDIMENT CONTROL ORDINANCE Chapter 18.01 ARTICLE 1. GENERAL PROVISIONS Sections: 18.01.020 18.01.040 18.01.060 18.01.080 Title Grading Manual Purpose Scope 18.01.020 Title The ordinance codified in these chapters shall be known as the "City of Temecula Grading, Erosion, and Sediment Control Ordinance" and will be referred to herein as "this Ordinance." 18.01.040 Grading Manual The Director of Public WorkslCity Engineer ("City Engineer") shall formulate a manual setting forth the administrative procedures and technical requirements necessary to implement the provisions of this Ordinance. Such rules, procedures, and requirements shall be entitled "The City of Temecula Administrative and Technical Procedures Manual for Grading, Erosion and Sediment Control" ("Grading Manual"). The City Engineer shall have the authority to change, update or revise the Grading Manual as necessary in order to implement the provisions of this Ordinance and all revisions thereto arising from time to time. In the event of any conflict between the Grading Manual and this Ordinance, the more restrictive provisions shall govern. The provisions of the Grading Manual shall, to the extent they are made conditions of a permit by the City Engineer, be binding upon the permittee and those claiming under said permittee. 18.01.060 Purpose This Ordinance is enacted for the purpose of regulating grading activity on property within the city limits of the City of Temecula to safeguard life, limb, health, property and the public welfare; to avoid discharges of pollutants such as sediment, hazardous materials, wastes and debris from entering public or private storm water conveyance facilities and surface waters; and to ensure that the intended use of a graded site within the city limits is consistent with the City's General Plan, any specific plans adopted thereto and all applicable City ordinances and zoning regulations. 18.01.080 Scope This Ordinance sets forth rules and regulations, which reflect the minimum acceptable methods or actions to control land disturbances, landfill, soil storage, pollution, and erosion and sedimentation resulting from construction, grading, excavation, and land clearing activities. This Ordinance establishes procedures for issuance, administration and enforcement of permits for R:/Ords 20O4/0rds 04-04 2 I I I such activities. Any such grading activities within the city limits of the City of Temecula shall conform to the provisions of this Ordinance and the Grading Manual and other applicable provisions of the City's Municipal Code and the California Building Code, as adopted and amended by the City, together with all other conditions of approval. In the event that a particular topic is not covered in either this Ordinance or the Grading Manual, the applicable provisions of the City's Municipal Code or the California Building Code, as adopted and amended by the City, shall govern. If a conflict arises between this Ordinance and the City's Municipal Code or the California Building Code, the more restrictive provision shall govern, unless otherwise approved by the City Engineer. Chapter 18.03 ARTICLE 2. PERMITS REQUIRED Sections: 18.03.020 18.03.040 Permits Required Permit Exemptions 18.03.020 Permits Required No person shall conduct any grading, stockpiling, excavating, paving, earth moving, filling, clearing, disking, brushing, or grubbing on natural or existing grade, or perform work that is preparatory to grading, without first having obtained a permit in accordance with this Ordinance, except as specified below in Section 18.03.040, "Permit Exemptions," and without having obtained coverage under the State Water Resources Control Board (SWRCB) National Pollution Discharge Elimination System (NPDES) permit for construction activity (if applicable). 18.03.040 Permit Exemptions Grading permits are not required for: A. An excavation below the existing finished grade for recompaction within the building zone (within five feet (5') of footings) or for basements and footings for a building, mobile home, retaining wall, septic system, well, or structure authorized by a building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than two feet (2') after the completion of such structure. B. C. Cemetery graves; Refuse disposal sites controlled by other statutorily authorized regulations or agencies; D. Earthwork or construction controlled by the Federal, State, County, or City Governments, or by a local agency as defined by Government Code Section 53090 through 53095 (special districts). This exemption, however, shall apply only when the grading activity takes place on the property, or dedicated rights-of-way or easements of the above agencies; E. Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or public right-of-way permit; R:/Ords 20O4/0rds 04-04 3 I I I F. Mining, quarrying, excavating, processing stockpiling of rock, sand, gravel, aggregate or clay for commercial purposes where established and provided for by a conditional use permit, provided such operations do not affect the lateral support of any adjacent or adjoining properties, or alter the direction of, or contribute to, sedimentation to natural watercourses. G. Exploratory excavations under the direction of civil engineers, geotechnical engineers, engineering geologists, andlor archaeologists or paleontologists, or pursuant to a well permit, provided all excavations are properly backfilled or otherwise restored. All such elevations and trenches are subject to the applicable sections of Title 8 of the State Orders, Division of Industrial Safety and the following: 1. When such work involves removal of any native vegetation, it shall be accompanied by an administrative clearing permit in accordance with Section 18.09.120 (D), "Administrative Clearing Permit" of this Ordinance. Any access roadways or pads constructed for this work shall only be constructed as approved in the administrative clearing permit and shall be restored as required in the permit. H. An excavation not intended to support structures or mobile homes and which, (a) is less than two feet (2') in vertical depth, or (b) which does not create a cut slope greater than three feet (3') in vertical height and steeper than two horizontal to one vertical (2: 1). This exemption shall not apply when finish grading is proposed, subsequent to a permit authorizing rough grading in accordance with Section 18.09.120(A), "Types of Grading Permits" of this Ordinance. I. A fill less than one foot (1 ') in vertical depth, placed on natural terrain with a slope flatter than five (5) horizontal to one (1) vertical (5:1), or less than three feet (3') in depth, not intended to support structures or mobile homes, which does not exceed fifty (50) cubic yards on anyone site and does not obstruct a drainage course. This exemption shall not apply when finish grading is proposed, subsequent to a permit authorizing rough grading in accordance with Section 18.09.120(A), "Types of Grading Permits" of this Ordinance. J. The construction or maintenance of roads or facilities for the generation, storage or transmission of water including floodwaters or electrical energy by public agencies or their agents. Work may be subject to Standard Urban Storm Water Mitigation Plan (SUSMP) requirements. A SUSMP high priority project includes the construction or reconstruction of 5,000 square feet of pavement in a parking lot, street, road or highway. K. The maintenance of private roads by private individuals or their agents, but not the construction or widening of such roads. Work may be subject to SUSMP requirements. L. Clearing and brushing when directed by the Fire Chief to mitigate a potential fire hazard in accordance with Title 8, Chapter 8.16, "Hazardous Vegetation," of the Temecula Municipal Code with the concurrence of the Director of Planning that such clearing and brushing will not cause significant damage to any rare, endangered or protected species of plant or wildlife or cause any significant damage to any habitat of any rare, endangered or protected species of wildlife or endanger any archaeological or historical resources, open space areas with biological significance, or transition areas between land to be cleared for fire fuel mitigation and permanent open space. R:/Ords 20O4/0rds 04-04 4 I I I M. Clearing and brushing, expressly for the following purposes: 1. Routine landscaping and maintenance of already landscaped areas, and the removal of dead or diseased trees or shrubs. 2. Clearing which conforms to the location, extent and purpose authorized explicitly by a construction permit pursuant to a discretionary land use permit or a discretionary development permit. An Administrative Clearing Permit, in accordance with Section 18.09.120 (D) of this Ordinance, shall be required for any purpose that is not specifically addressed by the construction permit. Note: The above listed exemptions do not apply to clearing, grubbing, brushing, disking or grading when: O. P. 2. 3. 4. 5. a. Work will occur in, or physically impact, designated or dedicated open space or environmentally sensitive areas designated in the General Plan, or the finally adopted plan of any public agency or governmental office with jurisdiction over the site, or shown on any approved Specific Plan; or b. Work will occur in any waterway or wetland, stream, river, channel, pond, lake, marsh, bog, lagoon, vernal pool, or riparian habitat, except as provided in exemption "P", below; or c. Work will occur in any floodway or floodplain as shown on the Federal Emergency Management Agency Flood Plain Maps, or on City revised maps except as provided in subsection "P", below. Repaving, resurfacing, and maintenance of existing private roads and parking lots and the preparation necessary for that work, provided no grading beyond the limits of other exemptions is performed. Work may be subject to SUSMP requirements. Minor maintenance and alterations to natural drainage areas that do not: 1. Obstruct or redirect drainage from adjacent properties, nor Divert the outflow of drainage from the existing or natural discharge point of the property, nor Concentrate or accelerate the flow of drainage as it leaves the property, nor Create ponding, siltation or erosion in or of the streambed, nor Disturb wetlands. R:/Ords 20O4/0rds 04.04 I I I Chapter 18.06 ARTICLE 3. GRADING APPLICATION REQUIREMENTS Sections: 18.06.020 18.06.040 18.06.060 18.06.080 18.06.100 18.06.120 18.06.140 18.06.160 Grading Application Plans and Specifications Geotechnical (Soils) Reports Seismicity Reports Dust Prevention and Control Plan Haul Route Plan Erosion and Sediment Control Plan Expiration and Renewal of Application and Grading Plans 18.06.020 Grading Application To obtain a grading permit, the applicant shall first file an application in writing on a form furnished by the City Engineer for that purpose. 18.06.040 Plans and Specifications A. Each application for a grading permit shall be accompanied by plans and specifications, soils engineering and geological reports, erosion and sediment control plans, proof of application for coverage under the State Water Resources Control Board (SWRCB) National Pollution Discharge Elimination System (NPDES) permit for construction activity, and all other information required by the City Engineer as specified in Subarticle 3.1 of the Grading Manual, and payment of the appropriate fees. The information required on the application form shall be kept current until the conclusion of the permitted activities. B. Plans and specifications for grading projects requiring permits as defined in Section 18.03.020, "Permits Required" of this Ordinance shall be prepared and signed by the Engineer of Record. This requirement may be extended to any project when, in the opinion of the City Engineer, drainage or geologic factors may warrant a need for civil engineering design and control. C. Grading plans and specifications shall be prepared in accordance with Subarticle 3.1 of the Grading Manual. 18.06.060 Geotechnical (Soils) Reports A. Surface and Subsurface Conditions. The City Engineer shall require a geotechnical report to correlate surface and subsurface conditions with the proposed grading plan. The results of the investigation shall be presented in a report in conformance with the requirements of this Ordinance and Subarticle 3.6 of the Grading Manual. B. Supplemental ReDorts/Data. The City Engineer shall require such supplemental reports and data, as he deems necessary upon his review of the site and the reports and other data submitted. Such required data may include tests for soil fertility and agricultural suitability to be performed at the conclusion of rough grading by a recognized agronomic R:/Ords 20O4/0rds 04-04 I I I soil-testing laboratory, with written analysis and recommendation, to be utilized during any required revegetation. C. Waiver of Geotechnical ReDort ReQuirements. For a specific project, the City Engineer may determine that the geological and geotechnical conditions at the site are such that public safety is adequately protected and no mitigation is required. This finding shall be based on a report presenting evaluations of site in the immediate vicinity having similar geologic and geotechnical characteristics. The report shall be prepared by a certified engineering geologist or registered civil engineer, having competence in the field of seismic hazard evaluation and mitigation. The City Engineer shall provide a written commentary that addresses the report conclusions as justification for waiving the requirement of a geotechnical report for the project. All such waivers shall be recorded with the county recorder and a separate copy, together with the report and commentary, filed with the State Geologist within 30 days of the waiver, in accordance with Public Resources Code Section 2697(a). 18.06.080 Seismicity Reports. Alquist-Priolo Earthquake Fault Zoning Act A seismicity report shall be required as a condition for issuance of a grading permit for all grading applications associated with subdivisions (tracts); all grading projects that propose the development of critical and major structures as defined by the California Building Code; and all real estate development that lies within an earthquake fault zone. Said reports shall comply with the requirements of the Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code, Section 2621, et seq.) and the provisions specified in Subarticle 3.6 (E), "Seismicity Reports" of the Grading Manual. 18.06.100 Dust Prevention and Control Plan Dust prevention and control procedures shall be employed while construction activity occurs to minimize wind borne particles. At minimum, all grading operations, land clearing, loading, stockpiling, landscaping, vehicular track-out and haul routes shall comply with South Coast Air Quality Management District (AQMD) Rule 403 (Fugitive Dust Emissions) and the provisions of Subarticle 3.8 of the Grading Manual. 18.06.120 Haul Route Plan Where soil or construction materials are moved on public roadways from or to the site of a grading operation, a haul route shall be approved by the City Engineer in accordance with the provisions of Subarticle 3.9 of the Grading Manual. Deviation from the designated haul route shall constitute a violation of the conditions of the permit issued under this Ordinance. Vehicular track-out shall be controlled, as directed by the City Engineer, to prevent sediment deposition outside of the project site boundaries. 18.06.140 Erosion and Sediment Control Plan All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan designed to limit erosion and sediment of all disturbed portions of the property and to minimize the transport of soil onto adjacent properties or into streets, storm drains, or drainage ways in accordance with the provisions of Chapter 18.15 of this Ordinance and Subarticle 6 of the Grading Manual. R:/Ords 20O4/0rds 04.04 I I I 18.06.160 Expiration and Renewal of Application and Grading Plans A. Applications for which no permit is issued within 180 days following the date of application shall expire, and plans submitted for checking may thereafter be returned to the applicant or may be destroyed by the City Engineer without additional notice to the applicant. B. The City Engineer may extend the time for action by the applicant for a period not exceeding 180 days upon written request by the applicant showing that circumstances beyond the reasonable control of the applicant have prevented action from being taken. C. In order to renew action for an application after expiration, the applicant shall resubmit grading plans and pay the most current plan check fee. D. Plan check fees shall be forfeited for all expired permits. Sections: 18.09.020 18.09.040 18.09.060 18.09.080 18.09.100 18.09.120 18.09.140 18.09.160 18.09.180 18.09.200 18.09.220 18.09.240 18.09.260 18.09.280 18.09.020 Chapter 18.09 ARTICLE 4. GRADING PERMIT REQUIREMENTS Permit Issuance - Terms and Conditions Responsibility of Permittee Contractor Qualifications Right of Entry Tentative Subdivision or Use Permit Required Types of Permits Protection of Adjoining Property Protection of Utilities Maintenance of Protective Devices Time of Operations Debris on Public Streets Disposal of Materials Expiration and Renewal of Permits Denial of Permit Permit Issuance - Terms and Conditions A. Upon receipt and approval of the required application, fees, plans, reports, and other requirements of this Ordinance, the City Engineer may issue a permit, subject to any terms and conditions deemed necessary to ensure conformance with the provisions of this Ordinance and the Grading Manual. B. The City Engineer shall have the discretion to impose or modify conditions as necessary to prevent a possible nuisance or hazard, or to eliminate a nuisance or hazard, to persons or to public or private property in accordance with Section 18.27.060, "Hazardous Conditions" of this Ordinance. C. The issuance of a permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the plans and R:/Ords 20O4/0rds 04-04 I I I specifications attached to the permit and approved by the City Engineer. A separate permit shall be required for each (noncontiguous) grading project. 18.09.040 Responsibility of Permittee It shall be the responsibility of the permittee to be knowledgeable of the conditions andlor restrictions placed on the permit as outlined in the applicable sections of this Ordinance, the Grading Manual, and as contained on the approved grading plans and geotechnical reports, The permittee shall also be responsible for maintaining a copy of the permit and approved plans at the work site, and implementing the applicable requirements of the City's Standard Grading Notes, as identified in the Appendix section of the Grading Manual. 18.09.060 Contractor Qualifications All persons performing work pursuant to this Ordinance shall have all valid licenses and insurance required by the State of California and by the City of Temecula. 18.09.080 Right of Entry As a prerequisite for issuance of any grading permit, the owner, contractor, or authorized agent of the site to be graded acknowledges and grants permission to the City for right of entry into the site for inspection, emergency work, or correction of grading not performed in compliance with the terms and conditions of the permit. The owner, contractor, or authorized agent shall agree to indemnify the City for any claims or damages, which may result from the City's entry onto the property including any corrective or emergency action taken pursuant to such right of entry. 18.09.100 Tentative Subdivision or Use Permit Required Under either of the following circumstances, a permit shall not be issued unless and until a tentative map or a conditional use permit has been approved by the City: A. If the purpose of the proposed grading or clearing is to prepare the land for a subdivision or for some use for which a conditional use permit is required; or B. Notwithstanding the purpose of the proposed grading or clearing as stated in the application, if the City Engineer finds that the purpose of the proposed grading or clearing is to prepare the land for subdivision or for some use for which a conditional use permit is required. 18.09.120 Types of Permits A. RoUQh or Precise GradinQ. The City Engineer may issue a rough or precise grading permit for grading work upon completion of an application in accordance with Subarticle 3.1 of the Grading Manual. The issuance of building permits shall be determined as follows: 1. Building permits may be issued for a site graded under a precise grading permit upon completion and approval of the rough grade inspection as specified in Subarticle 7.6 of the Grading Manual. R:/Ords 20O4/0rds 04.04 9 I I I 2. Building permits shall not be issued for a site graded under a rough grading permit unless a precise grading permit has been issued. C. StockDilinQ. Upon approval by the City Council, a stockpile permit may be issued for the stockpile of soil materials on a lot or parcel provided that the soil materials shall be removed from the site or compacted and graded thereon under a subsequently issued rough or precise grading permit within six (6) months of issuance of a stockpile permit, unless modified by the City Council, in accordance with Subarticle 4.3 of the Grading Manual. D. Administrative Clearina. No person shall commence any clearing and grubbing operation without first obtaining a grading or administrative clearing permit in accordance with Subarticle 4.2 of the Grading Manual. E. Borrow Sites. A grading andlor administrative clearing permit shall not be issued when, in the opinion of the City Engineer, a significant amount of borrow or waste material is to be removed from a grading site for commercial purposes unless a Conditional Use Permit in accordance with Chapter 17.04, "Permits" of the Temecula Municipal Code has been issued for the operation of a borrow pit on the grading site. F. PavinQ. No person shall construct concrete or bituminous pavement surfacing on natural or existing grade in excess of five thousand (5,000) square feet for any commercial, industrial, multi-residential, or other parking lot, without a valid grading permit for such paving. Maintenance and repaving of existing paved sections shall be exempt from this requirement. G. Watercourse Alteration. No person shall alter an existing watercourse, channel, or revetment by excavating, or placing fill, rock protection or structural improvements therein without a grading permit unless (i) the requirement for a grading permit is waived by the City Engineer, or (Ii) the grading is performed as interim protection under emergency flood fighting conditions, or (iii)" a separate improvement plan for such alteration is signed by the City Engineer. . H. Rock BlastinQ. No rock blasting shall be permitted until a preblast survey of the surrounding property is conducted to the satisfaction of the City Engineer. During rock blasting, seismic recordings shall be taken for all blasts at locations and levels approved by the City Engineer. All blasting shall conform to the requirements of the City Engineer, as specified in Subarticle 4.6 of the Grading Manual. 18.09.140 Protection of Adjoining Property. Each adjacent owner is entitled to the lateral and subjacent support that his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement, as follows: A. Any person causing an excavation to be made to a depth of ten feet (10') or more below the grade and within ten feet (10') of the property line(s) shall protect the excavation so that the soil of adjoining property will not cave in or settle. The person making or causing the excavation to be made shall provide written notification to the adjoining property owner(s) not less than ten (10) days before such excavation is to be made, stating the depth for which such excavation is to be made and when the excavation will begin. R:/Ords 20O4/0rds 04.04 10 I I I B. If at any time it appears that the excavation is of greater depth than are the walls or foundation of an adjoining building or other structure, and the distance from the edge of the excavation to an adjoining building or other structure is less than the depth of the excavation, the person causing the excavation shall notify the owner of the adjoining building or other structure not less than ten (10) days before such excavation is to be made to protect the same from any damage, or to brace or extend the foundations of the noted building or other structure from possible damage from the excavation. C. Excavations shall meet all State and Federal regulations, including but not limited to, obtaining CAL OSHA permits No grading shall be approved which, in the opinion of the City Engineer, physically prevents the use of existing legal access to any parcel. D. 18.09.160 Protection of Utilities. A. During grading operations, the permittee shall be responsible for the prevention of damage to public utilities or services and for confining grading activities to the area permitted on the approved plans. This responsibility applies within the limits of grading or clearing and along any routes of travel of equipment. B. Before starting any excavation work, the permittee shall be responsible to contact Underground Service Alert, Inc. and coordinate the proposed excavation with all interested utility companies, districts, and agencies. 18.09.180 Maintenance of Protective Devices. The owner of the property on which a fill or excavation has been made pursuant to a permit granted under the provisions of this division, or any other person or agent in control of such property shall maintain in good condition and repair all retaining walls, cribbing, drainage structures and other protective devices such as erosion and sediment controls and planting shown in the approved plans and specifications or in the record drawings or required by the permit. Facilities dedicated for use by the public and accepted for such use by a public agency are excepted. 18.09.200 Time of Operations. A. Time of any grading, clearing and equipment operations pursuant to this Ordinance shall be consistent with City Ordinance No. 94-25. Grading operations within one-quarter (1/4) mile of an occupied residence shall not be conducted between the hours of 6:30 p.m. and 6:30 a.m., Monday through Friday; or between the hours of 6:30 p.m. and 7:00 a.m. on Saturdays. Further, no such activity shall be undertaken on Sunday or nationally recognized holidays. The City Engineer may extend the hours permitted for grading or equipment operations if the City Engineer determines that such operations are not detrimental to the health, safety or welfare of the inhabitants of nearby structures. Permitted hours of operation may be shortened by the City Engineer's finding of a previously unforeseen effect on the health, safety or welfare of the surrounding community. B. Public Works projects of any federal, state or local entity or emergency work by public utilities are exempt from the provisions of this ordinance. Residents working on their R:/Ords 2004/0rds 04-04 11 I I I property are exempt from the prohibition of construction activities on Sundays and holidays but shall comply with the hourly restrictions set forth for Saturday when working on Sundays and holidays. 18.09.220 Debris on Public and Private Streets This Ordinance forbids the throwing, leaving, maintaining, keeping, placing, dumping, depositing or spilling soil materials on public and private streets or any portion of the public right-of-way. The permittee shall be responsible for the complete removal and cleanup of such materials from the street or any portion of the public right-of-way. If the permittee fails to immediately remove said spillage or deposit from the street andlor public right-of-way, and it is necessary for the City to cause such removal to be made, the cost of such removal work shall be the responsibility of the permittee. The City may use the grading deposit in accordance with Section 18.24.120, "Grading and Erosion Control Securities" for this purpose without notice to the owner. An additional cash deposit may be required prior to resumption of grading to insure the cleanup of public streets. 18.09.240 Disposal of Materials The disposal of all waste and recycling materials removed as part of any grading project shall be in compliance with the City's Solid Waste Franchise Agreement, as specified within the provisions of Temecula Municipal Code, Title 8, Chapter 8.20, "Waste Management," and Subarticle 4.4 of the Grading Manual. 18.09.260 Expiration and Renewal of Permits A. A grading permit shall be valid for a period of six (6) months from the date of issuance. B. The time limitation for all grading permits is also subject to the following provisions: 1. ChanQe of ownership. A permit issued in accordance with these requirements shall terminate upon a change of ownership if the work for which said grading permit was issued has not been completed. In such instances, a new permit shall be required for completion of the work. a. If the time limitations of paragraph (A) of this section are not applicable, and no changes have been made to the plans and specifications last submitted to the City Engineer, no charge shall be made for the issuance of a new permit. If changes have been made to the plans and specifications last submitted to the City Engineer, fees based on the valuation of the additional or new work, additional yardage and necessary plan checking shall be charged to the permit applicant. b. c. New securities andlor deposits shall be submitted by the new owner in accordance with Section 18.24.100, "Grading, Erosion and Sediment Control Securities" of this Ordinance. 2. Permit Extensions. The City Engineer may extend the time limit on permits by one (1) or more successive periods of up to one-hundred eighty (180) days upon written request by the applicant showing to the satisfaction of the City Engineer R:/Ords 2004/0rds 04-04 12 I I I that circumstances beyond the control of the applicant have prevented, delayed or extended the time required to complete the grading operations. 3. Weather-related delavs. The City Engineer may require that grading operations and project designs be modified if delays occur which incur weather-related problems not considered at the time the permit was originally issued. C. As a condition of the extension of any time period, the City Engineer may require the payment of additional permit, plan checking, inspection, andlor soils review fees required to cover the administration of the extensions andlor increased costs to the City and to bring the project into conformance with any fee schedule in effect at the time of extension. 18.09.280 Denial of Permit A. Hazardous Conditions. A permit shall not be issued in any case where the City Engineer determines that the work as proposed by the applicant will: 1. Expose any property to landslide or geologic hazard; or 2. Adversely interfere with existing drainage courses or patterns; or 3. Cause erosion andlor flooding, which could result in the depositing of mud, silt, or debris on any other property or public or private street; or 4. Create any hazard to person or property; or 5. Damage or endanger any environmentally sensitive species and habitats, rocks andlor archaeological artifacts. B. General Conditions. A permit shall not be issued if any of the following apply: 1. If the submittal is incomplete; 2. If the plan as submitted does not comply with the provisions of this Ordinance; 3. If the required security is not posted; 4. If the application contains false information. C. Other. The City Engineer shall deny the issuance of a permit if prohibited by a duly elected moratorium, court order, injunction, or other legal order; if the applicant or owner has failed to comply with the provisions of this Ordinance; or if the work proposed is not consistent with the City's General Plan, or any element thereof, or any specific plan, use permit, land use ordinance or regulation, zoning ordinance regulation or permit, or approved subdivision map. R:/Ords 2004/0rds 04.04 13 I I I Chapter 18.12 ARTICLE 5. GRADING DESIGN STANDARDS Sections: 18.12.020 18.12.040 18.12.060 18.12.080 18.12.100 18.12.120 18.12.140 18.12.160 Cuts Fills Setbacks Terraces and Terrace Drains Subsurface Drainage Pad Grading Asphalt Concrete Pavement Disabled Access 18.12.020 Cuts Unless otherwise recommended in the geotechnical engineering and engineering geology reports, or both, and approved by the City Engineer, cuts slopes shall be no steeper than two (2) horizontal to one (1) vertical (2:1). All cuts and excavations shall conform to the provisions of this Ordinance and Subarticle 5.1 of the Grading Manual. ExceDtion: In the absence of an approved geotechnical engineering report, these provisions may be waived by the City Engineer for minor cuts not intended to support structures. 18.12.040 Fills Unless otherwise recommended in the geotechnical engineering or engineering geology reports, or both, and approved by the City Engineer, fills shall conform to the provisions of Subarticle 5.2 of the Grading Manual. ExceDtion: In the absence of an approved geotechnical engineering report, these provisions may be waived by the City Engineer for minor fills not intended to support structures. 18.12.060 Setbacks The setbacks and other restrictions specified by Subarticle 5 of the Grading Manual are minimum and may be increased by the City Engineer, pursuant to the recommendation of a civil or geotechnical engineer, to prevent damage to adjacent properties from erosion or to provide access for slope and drainage structure maintenance. Retaining walls may be used to reduce the required setbacks when approved by the City Engineer. 18.12.080 Terraces and Terrace Drains Drainage facilities and terraces shall conform to the provisions of Subarticle 5.7 of the Grading Manual unless otherwise approved by the City Engineer. 18.12.100 Subsurface Drainage A. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability, and as recommended by the geotechnical engineer, geologist, andlor engineering geologist. R:/Ords 20O4/0rds 04-04 14 I I I B. All canyons and buttress fills shall be provided with sub drains approved by the City Engineer. 18.12.120 Pad Grading Storm water runoff from lots or adjacent properties shall not be carried over cut or fill slopes steeper than five (5) horizontal to one (1) vertical (5:1). Such runoff shall conform to the provisions of Subarticle 5.8 of the Grading Manual. 18.12.140 Asphalt Concrete Pavement Asphalt concrete pavement for surfacing of parking lots, private streets, driveways or other similar uses shall conform to the provisions of Subarticle 5.9 of the Grading Manual unless otherwise approved by the City Engineer. 18.12.160 Disabled Access All site development and precise grading shall be designed to provide access to all entrances and exterior ground-floor exits and to normal paths of travel in accordance with California Disabled Access Regulations (California Code of Regulations, Title 24, Part 2). Chapter 18.15 ARTICLE 6. EROSION AND SEDIMENT CONTROL Sections: 18.15.020 18.15.040 18.15.060 18.15.080 18.15.100 18.15.120 18.15.140 Construction Runoff Compliance Erosion and Sediment Control Plans Required Erosion and Sediment Control Systems Temporary Site Vegetation - When Required Erosion and Sediment Control Maintenance Erosion and Sediment Control- Agricultural NPDES Requirements 18.15.020 Construction Runoff Compliance A. All individual proposed construction and grading projects shall implement measures to ensure that pollutants from the site will be reduced to the Maximum Extent Practicable (MEP) and will not cause or contribute to an exceedance of water quality objectives. All grading and construction activities will be in compliance with applicable ordinances, permits and other applicable requirements. B. The permittee shall adhere to the following requirements: 1. Develop and implement a plan to manage storm water and non-storm water discharges from the site at all times in accordance with Subarticle 6 of the Grading Manual. Projects disturbing one (1) acre or more of soil are required to generate a Storm Water Pollution Prevention Plan (SWPPP) per the State General Construction Permit; R:/Ords 20O4/0rds 04-04 15 2. I 3. 4 5. 6. 7. 8. 9. 10. I Minimize grading or conduct phased grading operations during the wet season and coincide grading with seasonal dry weather periods to the extent feasible. If grading does occur during the wet season, implement additional BMP's for any rain events, which may occur, as necessary for compliance; Emphasize erosion prevention as the most important measure for keeping sediment on site during construction; Utilize sediment controls as a supplement to erosion prevention for keeping sediment on-site during construction; Minimize exposure time of disturbed soil areas; Temporarily stabilize and reseed disturbed soil areas as rapidly as possible; Permanently revegetate or landscape as early as feasible; Stabilize all slopes; and Provide evidence of existing permit coverage of the General Construction Permit, if applicable. Implement the applicable requirements of the City's Standard Erosion and Sediment Control Notes, as identified in the Appendix of the Grading Manual. Note: The above requirements are applicable to all construction sites regardless of whether the construction site is subject to the General Construction Permit or other individual NPDES permit. A. I 18.15.040 A. Erosion and Sediment Control Plans Required No grading work will be allowed on any single grading site under permit unless the City Engineer has approved an erosion and sediment control plan. B. All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan designed to limit erosion of all disturbed portions of the property and to minimize the transport of soil onto downgrade perimeters, curbs, gutters, streets, drainage inlets, private and public storm water conveyance systems, environmentally sensitive areas, adjacent properties and watercourses in accordance with the provisions of this Chapter and Subarticle 6 of the Grading Manual. C. All erosion and sediment control "Best Management Practices" (BMPs) outlined in the Storm Water Pollution Prevention Plan (SWPPP), if applicable, will be shown on the erosion and sediment control plan and implemented prior to October 151 of each year. 18.15.060 Erosion and Sediment Control Systems The permittee shall be responsible for control of erosion and sediment discharge on and from all areas of grading until acceptance of the completed grading by the City Engineer. This responsibility extends to completed and occupied lots. Necessary materials shall be available onsite and stockpiled at convenient locations to facilitate rapid construction R:/Ords 20O4/0rds 04.04 16 I I I of temporary devices, with equipment and workers for emergency work available at all times during the rainy season. B. No grading work shall be allowed on any site when the City Engineer determines that erosion, mudflow or sediment discharge may adversely affect downstream properties, drainage courses, storm drains, streets, easements, or public or private facilities or improvements unless an approved erosion and sediment control system has been implemented on the site. If the City determines that it is necessary for the City to cause erosion and sediment control measures to be installed or cleanup to be done, the permittee shall pay all of the City's direct and indirect costs including extra inspection, supervision, and reasonable overhead charges in accordance with Section 18.24.100, "Cost Recovery Fees" of this Ordinance. C. All removable protective devices shown on the erosion and sediment control plan and outlined in the SWPPP, if applicable, shall be in place at the end of each working day during the rainy season. If the permittee does not install or maintain erosion and sediment controls, the City Engineer may order City crews to do the work or may issue contracts for such work and charge the cost of this work along with reasonable overhead charges to the cash deposits or other instruments implemented for this work without further notification to the owner. No additional work on the project except erosion and sediment control work shall be performed until the full amount drawn from the cash deposit, in accordance with Section 18.24.120, "Grading, Erosion and Sediment Control Securities" of this Ordinance is restored by the permittee. D. BMP's shall be implemented on a continual basis during construction activities. The following minimum criteria shall be met: 1. An effective combination of erosion and sediment controls shall be implemented within seven (7) working days of clearing or inactivity in construction. 2. Soil stockpiles must be stabilized with a combination of erosion and sediment controls and have a daily maintenance frequency or as directed by the City Engineer. 3. Waterway and watercourse protection shall include, but not be limited to, stabilization of the channel before, during, and after any in-channel work. E. The faces of cut and fill slopes shall be prepared and maintained to control against erosion and sediment discharge. F. Permittee shall implement BMPs year round and can vary based on wet and dry seasons. Permittee shall also implement additional site specific BMPs, as necessary, to comply with this ordinance which may be more stringent than those required under the General Construction Permit. G. Permittee shall implement additional controls for construction sites tributary to Clean Waters Act (CWA) section 303(d) water bodies impaired for sediment. Each Permittee shall implement additional controls for construction sites within or adjacent to or discharging directly to receiving waters within environmentally sensitive areas. R:/Ords 2004/0rds 04.04 17 I I I H. Permittee shall conduct construction site inspection for compliance with this ordinance and all applicable permits. 18.15.080 Temporary Site Vegetation - When Required Unless recommended otherwise by the City Engineer, temporary site vegetation shall be required on any portion of the site upon three (3) months of grading inactivity for that portion of the site or expiration of a grading permit in accordance with Section 18.09.260, "Expiration and Renewal of Permits" of this Ordinance. In this instance, cut and fill slopes requiring erosion control shall be vegetated in accordance with Subarticle 6 of the Grading Manual. Erosion control vegetation is considered temporary, and shall not negate any City requirement or condition of approval to install permanent landscaping. Clearing of existing vegetation shall not occur until all aMP's have been installed. 18.15.100 Erosion and Sediment Control Maintenance. A. Prior to and after each rainstorm, silt and debris shall be removed from check dams, desilting basins, curbs, gutters, streets, brow ditches, terrace drains, silt fences and other private and public storm water conveyance systems shall be dewatered to prevent overfilling between storm events. B. Prior to and after each rainstorm, the erosion and sediment control system shall be evaluated and revised and repaired as necessary. D. The permittee shall be responsible for and shall take necessary precautions to prevent public trespass onto areas where impounded water, due to erosion and sediment control devices, creates a hazardous condition. E. The premittee shall be responsible for continual maintenance of the devices during the construction activities. In the event of failure or refusal by the permittee to properly maintain the devices, the City Engineer may cause emergency maintenance work to be done to protect adjacent private and public property. The cost shall be charged to the owner and shall include mobilization costs plus the costs of doing the work in accordance with Section 18.24.100, "Cost Recovery Fees" of this Ordinance. F. In the event the City Engineer must cause emergency work to be done, he or she may revoke the grading permit. The permit shall not be renewed until an approved erosion and sediment control system has been installed and the owner has paid any applicable fees. G. If any grading or clearing subject to Section 18.03.020 "Permits Required" of this Ordinance has commenced on private property without a valid grading permit, the property owner will be required to stop work and prepare and implement an erosion and sediment control plan which has been approved by the City. In the event of failure by the property owner to install an approved erosion and sediment control system, the City Engineer may cause work to be done to protect adjacent private and public property. The cost shall be charged to the owner in accordance with subsection (E) of this section. R:/Ords 20O4/0rds 04-04 18 I I I 18.15.120 Erosion and Sediment Control - Agricultural A. Resource Conservation Plans. For all lands used for agricultural purposes within the City of Temecula, the property owner shall cause to be prepared a resource conservation plan, utilizing the best management practices for the prevention of erosion and sedimentation. The resource conservation plan shall be prepared by the USDA Soil Conservation Services or a registered agricultural engineer consultant. B. Implementation of Resource Conservation Plans. The resource conservation plans to be prepared for best management practices implementation is to be prioritized based upon the soil conservation service "soil erosion hazard map" with those areas of high erosion hazard receiving top priority. Resource conservation plans for agricultural areas shall be submitted for review and filing by the City after acceptance by the Regional Water Quality Control Board C. Annual Report. The property owner of agricultural land shall be responsible for the preparation and submittal to the City Engineer an annual report setting forth their progress in the preparation of resource conservation plans and best management practices implementation. Progress reports may be required more frequently if deemed necessary by the City Engineer. 18.15.140 National Pollution Discharge Elimination System (NPDES) Requirements A. General ReQuirements. The permittee shall abide by all of the provisions set forth in the State Water Resources Control Board (SWRCB) NPDES General Permit for construction activity, if applicable. A Waste Discharge Identification Number (WDID) issued by the SWRCB shall be provided to the City prior to any grading. All grading activities subject to the regulations of this ordinance shall be designed and conducted to minimize runoff of sediment and all other pollutants onto public properties, other private properties and into waters of the United States as required by this section and City Municipal Code, Title 8, Chapter 8.28, Storm WaterlUrban Runoff Management and Discharge Control, in accordance with Subarticle 6 of the Grading Manual. B. Responsibilitv. It shall be the permittee's responsibility to obtain the NPDES application package, submit the Notice of Intent (NOI) and appropriate fee to the SWRCB, complete all site-specific Storm Water Pollution Prevention Plans (SWPPP), monitoring and reporting program plans, reports, certifications, and other information required by the permit and or requested by the Regional Water Quality Control Board (RWQCB), SWRCB, United States Environmental Protection Agency (USEPA), or the City Engineer. The permittee shall update all plans as construction activities are modified from their original schedule andlor progress as originally planned. The permittee shall also maintain the site throughout the duration of the project as required by the permit. All of the information noted above shall be maintained on-site during construction and shall be presented upon demand by the SWRCB andlor City of Temecula inspectors. NPDES requirements will remain in effect until Notice of Termination (NOT) requirements are fulfilled. R:/Ords 20O4/0rds 04.04 19 I I I Chapter 18.18 ARTICLE 7. GRADING INSPECTION Sections: 18.18.020 18.18.040 18.18.060 18.18.080 18.18.100 18.18.120 Inspections Required Grading Requirements Transfer of Responsibility Notification of Noncompliance Special Inspections Stopping and Correction of Work 18.18.020 Inspections Required All grading operations for which a permit is issued pursuant to the provisions of this Ordinance shall be subject to inspection by the City Engineer or his or her representative. 18.18.040 Grading Requirements A. Civil EnQineer. It shall be the responsibility of the civil engineer who prepared the grading plans to incorporate the applicable recommendations from the geotechnical engineering and geology reports and to incorporate any City Engineer approved alternatives into the grading plan. 1. The civil engineer shall be responsible for establishing line and grade for the grading and drainage improvements and shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor and the City Engineer. 2. The civil engineer shall be responsible for the preparation of plan revision, and upon completion of the work, the submission of as-graded drawings incorporating all changes andlor additions made during construction. 3. Prior to issuance of building permits for any given lot or lots, the civil engineer shall submit a written statement as evidence that rough grading for land development has been completed within standard tolerances in accordance with the approved plans and that all embankments and cut slopes and pad sizes are as shown on the approved plans. B. Geotechnical EnQineer. The geotechnical engineer's area of responsibility shall include, but not be limited to, performing the preliminary geotechnical engineering investigation and preparing the preliminary geotechnical engineering report, determining the suitability of soils during grading, providing compaction inspection and testing, and preparing the final geotechnical engineering report. C. EnQineerinQ GeoloQist. The engineering geologist's area of responsibility shall include, but not be limited to, professional inspection and approval of the stability of cut slopes with respect to geological matters, and the need for subdrains or other groundwater drainage devices. He shall report his findings to the geotechnical engineer for engineering analysis. R:/Ords 20O4/0rds 04-04 20 I I I D. Landscape Architect. The landscape architect shall incorporate applicable recommendations from the geotechnical engineering reports into the landscape and irrigation plans. The landscape architect shall also prepare plan revisions, as required by the City Engineer, and shall submit as-graded drawings incorporating all changes andlor additions made during construction. 1. All ground cover shall provide one hundred percent (100%) coverage within nine (9) months of planting, or additional landscaping shall be required in order to meet this standard. 18.18.060 Transfer of Responsibility. If the civil engineer, engineer of record, the geotechnical engineer, the engineering geologist, or the grading contractor of record is changed during the course of the work, the project shall be stopped until: 1. The permittee submits a letter of notification verifying the change of the responsible professional; and 2. The new responsible professional submits in writing that he has reviewed all prior reports andlor plans (specified by date and title) and work performed by the responsible professional party, and that he concurs with the findings, conclusions and recommendations, and is satisfied with the work performed. He or she must state that they assume all responsibility within his or her purview as of a specified date. All exceptions shall be justified to the satisfaction of the City Engineer. Where clearly indicated that the firm, not the individual engineer andlor geologist, is the contracting party, the designated engineer or geologist may be reassigned and another engineer andlor geologist within the firm may assume responsibility. Exception: 18.18.080 NotiffcationofNoncompliance If, in the course of fulfilling their responsibility under this division, the engineer of record, the geotechnical engineer, the engineering geologist, or the testing agency finds that the work is not being performed in accordance with approved plans, specifications, or this Ordinance, the discrepancies shall be reported immediately in writing to the grading contractor, the permittee and the City Engineer. Recommendations for corrective measures shall be submitted for approval to the City Engineer. 18.18.100 Special Inspections The City Engineer may establish special inspection requirements in accordance with Section 1701, "Special Inspections", of the California Building Code, amended, for special cases involving grading or paving related operations. Special cases may apply to work where, in the opinion of the City Engineer, it is necessary to supplement the resources or expertise available for inspection. 18.18.120 Stopping and Correction of Work. A. The provisions of Section 104.2.4, "Stop Orders", of the California Building Code shall apply to all grading work. Whenever the City Engineer or his or her representative R:/Ords 20O4/0rds 04-04 21 I I I determines that any work does not comply with the terms and conditions of the permit, or that that the work is being done improperly or in a hazardous manner, he or she may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such persons shall stop conducting such work until authorized by the City Engineer to proceed with the work. B. Whenever any work on which inspections are required is covered or concealed by additional work without first having been inspected, the City Engineer may require that such work be exposed for examination. Such work may be subject to additional inspection fees in accordance with Section 18.24.040(D), "Grading Permit and Inspection Fee" of this Ordinance. C. If the City inspector finds the soil or other conditions not as stated in the approved plans and geotechnical reports or in additional information which was required for issuance of the grading permit, he may issue a stop work order until a revised grading plan has been approved by the City Engineer. D. If, during the course of any clearing, grubbing or grading operations, discovery is made of items of archaeological or paleontological interest, the permittee shall immediately cease operation in the area of discovery and notify the City inspector. Discoveries that may be encountered include, but are not limited to, dwelling sites, stone implements or other artifacts, animal bones, and fossils. The permittee shall obtain the services of a qualified archeologist or paleontologist to investigate the site and assess the significance of the find. Under no circumstances shall anyone remove or disturb any artifacts or remains. Work shall be resumed in the area of discovery at the direction of the City Engineer. E. Work may resume and the stop order shall be rescinded upon the City Engineer's determination that conditions have changed, corrections have been made, or the causes or actions which required a stop order have been remedied or alleviated to his or her satisfaction. Chapter 18.21 ARTICLE 8. COMPLETION OF WORK Sections: 18.21.020 18.21.040 Final Reports Notification of Completion 18.21.020 Final Reports Upon completion of the rough grading work and at final completion of the work, the City Engineer may require the written approvals, reports, plans and supplements specified in Subarticle 8 of the Grading Manual. 18.21.040 Notification of Completion The permittee or his agent shall notify the City Engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion and sediment control measures, R:/Ords 2004/0rds 04.04 22 I I I including landscaping and its irrigation system, have been completed in accordance with the approved grading plan, and the required reports have been submitted. Where landscape planting for erosion and sediment control has been installed, final clearance, I.e., release of security deposits, shall not be granted until the plantings have become established. The establishment of such erosion and sediment control plantings shall be certified by a licensed landscape architect and approved by the City Engineer. Chapter 18.24 ARTICLE 9. GRADING FEES AND SECURITIES Sections: 18.24.020 18.24.040 18.24.060 18.24.080 18.24.100 18.24.120 Grading, Erosion and Sediment Control Plan Checking Fee Grading Permit and Inspection Fee Review of Geotechnical Reports Fee Refunds Cost Recovery Fees Grading, Erosion and Sediment Control Securities 18.24.020 Grading, Erosion and Sediment Control Plan Checking Fee. Before accepting an application and a set of plans and specifications for review, the City Engineer shall collect a plan-checking fee. Separate permits and fees shall apply to retaining walls or major drainage structures. All applicants submitting plans as required by this Ordinance shall pay all fees andlor deposits as required by this Ordinance and by City Council resolution establishing applicable fees and deposits. 18.24.040 Grading Permit and Inspection Fee A. All applicants requesting a rough or precise grading permit, stockpile permit, or administrative clearing permit as required by this Ordinance shall pay all fees andlor deposits as required by this Ordinance and by City Council resolution. B. The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project as indicated in the City's fee schedule. C. A separate permit shall be required for each separate (noncontiguous) site. One permit may cover both an excavation and a fill on the same site. D. Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this Ordinance, except where it can be proven to the satisfaction of the City Engineer that an emergency existed that made it impractical to first obtain the permit. A violation shall result in an assessment of double permit fees for work done prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this Ordinance. R:/Ords 20O4/0rds 04.04 23 I I I 18.24.060 Review of Geotechnical Reports Fee Before accepting a geotechnical (soils) report for review, the City Engineer shall collect a report review fee. A separate fee will be charged for each individual report fee submitted for review. The amount shall be as set forth by City Council resolution. 18.24.080 Refunds After submittal and commencement of processing by the City, no fee collected pursuant to this division, shall be refunded in whole or in part, except as provided as follows: A. Inspection fees may be refunded, less any City expenses incurred, including an overhead charge of twenty percent (20%), at any time prior to the start of the work authorized by the permit, upon the applicant's written request, provided the grading application has expired or has been withdrawn. No refund shall be made if the applicant or permittee has any outstanding debts owed to the City, or if corrective work remains to be done on the grading work itself. B. C. No refund shall be made pursuant to this section if a request for refund is submitted to the City more than one (1) year from the date of payment of the fee as to which a refund is claimed. 18.24.100 Cost Recovery Fees If the City Engineer performs emergency work relating to grading and erosion and sediment control on private property, he shall charge the property owner all direct and indirect costs that are necessary to complete the work to his satisfaction. Any costs assessed against the property owner under this section may be appealed to the City Council in accordance with Section 18.27.100, "Appeals" of this Ordinance. 18.24.120 Grading, Erosion and Sediment Control Securities A. Security reQuired. A grading permit shall not be issued unless the permittee first posts a security with the City comprised of a cash deposit, letter of credit, or a combination cash deposit and a corporate surety bond issued by a surety authorized to do business in the State of California, in an amount specified in Subarticle 9 of the Grading Manual. The security amount is required to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate any deficiency or hazard created by the work or its lack of maintenance, as follows: 1. A cash deposit, in accordance with Subarticle 9 of the Grading Manual, may be required by the City Engineer to ensure the elimination of hazardous conditions and the emergency maintenance of erosion and sediment control systems. 2. A cash deposit, in accordance with Subarticle 9 of the Grading Manual, may be required by the City Engineer for stockpiles to ensure their removal in accordance with Section 18.09.120(C), "Types of Permits" of this Ordinance. 3. On developments where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing (blanket) R:/Ords 20O4/0rds 04-04 24 I I I bond or other approved security that covers all such projects may be accepted in an amount determined by the City Engineer. B. Failure to Complete the Work. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the City Engineer may order work required by the permit to be completed or put in a safe condition to his satisfaction. The surety executing such bond, deposit, instrument of credit, or letter of credit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended in causing any and all such required work to be done. C. Default in Performance Conditions. Whenever the City Engineer finds or determines that a default has occurred in the performance of any requirement of a condition of a permit issued under the provisions of this Ordinance, written notice thereof shall be given to the principal and to the surety named on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the City Engineer to be reasonably necessary for the completion of such work. After receipt of such notice, the surety shall, within the time specified, cause or require the work to be performed, or failing therein, shall pay the estimated cost of doing the work as set forth in the notice. The surety shall pay the City for actual costs in accordance with Section 18.24.100, "Cost Recovery Fees" of this Ordinance. Chapter 18.27 ARTICLE 10. ORGANIZATION AND ENFORCEMENT Sections: 18.27.020 18.27.040 18.27.060 18.27.080 18.27.100 Powers and Duties of the City Engineer Violations and Penalties Hazardous Conditions Public Nuisance Appeals 18.27.020 Powers and Duties of the City Engineer The provisions of section 202, Powers and Duties of Building Official, of the California Building Code shall apply to the City Engineer and his or her representative for all grading construction and earthwork to be done as required by any conditions of a permit issued pursuant to this Ordinance. 18.27.040 Violations and Penalties A. It shall be unlawful for any person, firm or corporation to do grading work in the City of Temecula, or cause the same to be done, contrary to or in violation of any of the provisions of this Ordinance or State or Federal Law. B. The issuance of a building permit, performance of building permit inspections, or issuance of a certificate of occupancy may be withheld on property on which a violation of the provisions of this Ordinance exist, including work not performed in accordance with the approved plans, until such violation(s) has been corrected to the satisfaction of the City Engineer. R:/Ords 20O4/0rds 04.04 25 I I I C. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor. Each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violations of any provisions of this Ordinance are permitted, continued or committed by such person, firm or corporation and shall be punishable as provided for in Chapter 1.20, "General Penalty" of the Temecula Municipal Code. 18.27.060 Hazardous Conditions A. Hazardous conditions exist when the state of any natural ground, natural slopes, excavation, fill or drainage devices are situated on private property in such a manner that they are a hazard to life or limb, or a danger to public safety, or endangers the safety, usability, or stability of adjacent property, structures or public facilities. B. The City Engineer or their designee (including City Code Enforcement) may examine, or cause to be examined, every condition reported as hazardous as set forth in subsection (A) of this section. C. Upon confirmation of a hazardous condition, the City Engineer or their designee (including City Code Enforcement) shall provide written notification to the permittee, owner or agent in control of property with confirmed hazardous condition, requiring mitigation of said hazardous condition and stipulation of an acceptable time frame for compliance. D. The permittee, owner or agent in control of the property shall comply with any demand for corrective work or repairs as required. In the event that corrective action is not completed within the period specified in writing, the City may exercise any available recourse for correction of said hazardous condition in accordance with Title 8, Chapter 8.12, "Nuisances" of the Temecula Municipal Code. 18.27.080 Public Nuisance For purposes of this Ordinance, the following shall constitute a public nuisance: A. Any grading or other work conducted without a permit where it is required by this Ordinance. B. Any grading or other work done in violation of any of the conditions imposed thereon by a permit issued pursuant to this Ordinance. C. Any grading or other work, which fails to be done as required by any conditions of a permit, issued pursuant to this Ordinance. D. The existence of a hazardous condition as defined in Section 18.27.060, "Hazardous Conditions" of this Ordinance upon the determination by the City Engineer that such condition exists. R:/Ords 2004/0rds 04.04 26 18.27.100 Appeals I A. B. C. D. I The applicant, permittee, or any person(s) not satisfied with the decision by the City Engineer in regards to issuance of a grading permit or the performance of the permitted work, may file a written appeal to the City Clerk for a hearing before the City Council. Any such appeal must be made within three (3) calendar days following the decision. The City Council will set a hearing to consider the appeal at the earliest possible regularly scheduled City Council meeting. The City Council, after receiving and considering all testimony and pertinent documents, may: 1. Uphold the City Engineer's decision; or Approve the appeal; or 2. 3. Modify the City Engineer's decision, consistent with the requirements of this Ordinance. Chapter 18.33 ARTICLE 11. DEFINITIONS OF TERMS Whenever, in this Ordinance and the Grading Manual, or in any resolution or standard adopted by City Council pursuant to this Ordinance, the following terms are used, they shall have the meaning ascribed to them in this section, unless it is apparent that some other meaning is intended: "Administrative Clearing Permit" means a permit that authorizes the clearing, brushing, or grubbing of a portion of land beyond that scope exempted from the permit process by this Ordinance. "As-Graded" means the site configuration upon completion of grading. This includes all horizontal and vertical dimensions and relationships and all physical features installed, reconstructed, eliminated, or altered by the grading operations as shown on the record drawings prepared by the Engineer of Work. "Accessible Route of Travel" means the continuous unobstructed path connecting all accessible elements and spaces in an accessible building or facility that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by persons with other disabilities, and that also is consistent with the definition of "path of travel". "Accessibility" means the combination of various elements in a building or area, which allows access, circulation, and the full use of the building and facilities by handicapped persons. I "Applicant" means any person, corporation, partnership association of any type, public agency or any other legal entity who submits an application for a grading permit pursuant to this Ordinance. R:/Ords 20O4/0rds 04-04 27 I I I "ADDroval" means that the proposed work or completed work conforms to the requirements of this Ordinance, in the opinion of the City Engineer. "ASTM Standards" means the American Society for Testing Materials, which develops standardized test methods, specifications, practices, guides, classifications and terminology in such subject areas as metals, paints, construction, consumer products and many others. "Base" means a layer of specified material of planned thickness placed immediately below the pavement or surfacing. "~" means in-place solid rock. "Best Manaaement Practices" (BMPs) means the management practices, operating procedures, and devices implemented to prevent or reduce the discharge of pollutants directly or indirectly to public or private drainage systems. "Bench" means a relatively level step excavated into soil materials on which fill is to be placed. "Borrow" means soil material acquired from an off-site location for use in grading on a site. "Buttress Fill" means an engineered fill designed to stabilize an adverse geologic condition (landslide, adverse bedding, etc.). "Certify" or "Certification" means a signed written statement that the specific inspections andlor tests required to be performed on real property have been performed and that the works comply with the applicable requirements of this Chapter, the plans, and the permit. "City Enaineer" means the Director of Public WorkslCity Engineer of the City of Temecula or his or her duly delegated representative. "Civil Enaineer" means a professional engineer registered in the State of California to practice in the field of civil engineering. "Clearina. Brushina and Grubbina" means the removal or disturbance of vegetation (grass, brush, trees, and similar plant types), weed abatement, man made structures, environmentally sensitive species and habitats, rocks, archaeological artifacts and sites, or other environmentally sensitive features by any means for purposes of development or compliance with laws, rules or regulations. For purposes of this chapter, references to "clearing" means clearing, brushing and grubbing individually and separately. "ComDaction" means the densification of a fill by mechanical or other acceptable means. "Construction Site" means any project requiring a local grading or building permit, including projects requiring coverage under the General Construction Permit. "Contour Gradina" means grading that creates or results in land surfaces that reflect the pre- graded natural terrain or that simulates natural terrain (I.e. rounded, non-planer surfaces and rounded, non-angular intersections between surfaces). "Crib Wall" means a crib type wall as described in the most recent publication of "Standard Plans", Department of Transportation, State of California. R:/Ords 2004/0rds 04.04 28 I I I "Cross-Lot Drainaae" means any drainage course created through grading or excavation that crosses on to another lot either within or outside the subdivision or construction site. "Curb Cut" means the interruption of a curb at a pedestrian way, which separates surfaces that are substantially at the same elevation. "Curb RamD" means a sloping pedestrian way, intended for pedestrian traffic, which provides access between a walk or sidewalk to a surface located above or below an adjacent curb face. "Cut" see definition for "Excavation." "Dry Season" means May 1st thru September 30th of each year. "EnGineer of Record" means the professional engineer holding a current registration in the State of California who supervised the design and signed the grading plan accepted by the City Engineer. "Erosion" means the process by which the ground surface is worn away as a result of the movement of wind or water. "Erosion and Sediment Control Plan" is a plan prepared under the direction of and signed by a Civil Engineer competent in the preparation of such plans and knowledgeable about current erosion and sediment control methods. Said plan shall provide for protection of exposed soils and desiltation of runoff at frequent intervals along flowage areas, at entrances to storm drains, at entrances to streets and driveways, and at the exit of the area being graded. "Erosion and Sediment Control Svstem" means any combination of desilting facilities, retarding basins, flow decelerators, andlor erosion protection (including effective planting and the maintenance thereof) to protect the project site, adjacent private property, watercourses, public facilities, graded improvements, existing natural features, archaeological artifacts, and to relieve waters of suspended sediments or debris prior to discharge from the site. "Excavation" or "Cut" means an act by which soil, sand, gravel, or rock is cut into, dug, quarried, uncovered, removed, or relocated, and shall include the conditions resulting there from. "ExDansive Soils" is any soil with an expansion index greater than twenty (20), as determined by the Expansive Index Tests of the California Building Code. "Fault" means a fracture in the earth's crust along which movement has occurred. A fault, as defined by the California Division of Mines and Geology, is considered active if the movement has occurred within the last eleven thousand years (Holocene geologic time). "Fill" means a deposit of soil, sand, gravel, rock, or other material placed by artificial means. "Fuaitive Dust" means the particulate matter entrained in the ambient air as a result of man- made fugitive dust sources as determined by South Coast Air Quality Management District Rule 403. "General Construction Permit" means the permit issued by the SWRCB to regulate discharges from construction activity. R:/Ords 20O4/0rds 04.04 29 I I I "Geohvdroloav" means all groundwater information, water-well usage rate requirement, seepage elevations, pollution evaluations, projected usage rate considerations, evaluations of impact on existing and future users, and long term projections appropriate to site development. "Geoloaic Hazard" means any geologic feature capable of producing structural damage or physical injury. Geologic hazards include: A. Landslides and potential slope instabilities resulting from bedding faults, weak clay stone beds, and over steepened slopes. B. Deposits potentially subject to liquefaction, seismically induced settlement, severe ground shaking, surface rupture, debris flows, or rock falls resulting from fault activity. C. Deposits subject to seepage conditions or high-ground water table. "Geotechnical Enaineerina ReDort" means a geotechnical report prepared under the responsible supervision of a geotechnical engineer and approved by the City Engineer or his representative, which includes: A. Preliminary information concerning engineering properties of soil and rock on a site prior to grading, present, historical, and future groundwater levels, analysis for both gross and surficial slope stability, fill settlement, liquefaction potential, alluvium deposits, describing locations of these materials and providing recommendations for preparation of the site for its intended use. B. A grading report which includes information on site preparation, compaction of fills placed, providing recommendations for structural design and approving the site for its intended use. "Grade" means the vertical elevation of the ground surface. A. "Existing grade" means the ground surface prior to any grading activity. B. "Finish grade" means the final grade of the site, which conforms precisely to the City- approved plans, approved construction changes or approved record drawings. C. "Natural grade (or natural ground)" means the ground surface unaltered by artificial means. D. "Rough grade" means the stage at which the work is in to precise conformance with the approved plan and when all excavations for drainage structures and retaining walls are complete. "Gradina," means any process of excavation or filling or combination thereof. "Green book Standards," means the most recent publication of the Standard Specifications for Public Works Construction, which provides specifications that, have general applicability to public works projects. R:/Ords 2004/0rds 04-04 30 I I I "Hillside Site," means a site where the existing grade is 20 percent (%) or greater and which may be adversely affected by drainage andlor stability conditions within or from outside the site, or which may cause an adverse affect on adjacent property. "~" means a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. "~' means an excavated trench into competent earth material beneath the toe of the proposed fill slope. "Landslide" means a perceptible down slope movement of rock, soil, or artificial fill ranging in speed from moderately slow (slump) to very rapid (avalanche). "Maximum Extent Practicable (MEP)" means the technology based standard established by Congress in the Clean Waters Act, Section 402(p)(3)(B)(iii) that operators of MS4 permits must meet. To achieve the MEP standard, municipalities must employ whatever Best Management Practices are technically feasible (I.e. are likely to be effective) in combination with treatment methods serving as a backup. "Mined Lands" includes the surface, subsurface, and groundwaters of an area in which surface mining operations will be, are being, or have been conducted. This includes private ways and roads appurtenant to any such area, land excavations, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other related materials or property are located. "Municipal Separate Storm Sewer Svstem/MS4 (Permit)" means the certificationlregulation requirements that the City must meet to allow storm water discharges into the Waters of the State. "Natural Terrain" means the lay of the land prior to any grading or other artificial landform modification. "National Pollutant DischarGe Elimination Svstem (NPDES)" means the permitting and program requirements established by the Federal Clean Water Act and administered by the Environmental Protection Agency to regulate the discharge of pollutants to waters of the United States. "Owner" means a person who owns a site upon which is located grading, clearing, mining, quarrying, andlor commercial extraction operations that are being conducted or may be conducted. "Path of Travel" means a passage that may consist of walks and sidewalks, curb ramps and pedestrian ramps, lobbies and corridors, elevators, other improved areas, or a necessary combination thereof, that provides free and unobstructed access to and egress from a particular area or location for pedestrians andlor wheelchair users. "Permit" means the authorization issued pursuant to this Ordinance, together with the application for the same, the conditions upon which it was issued, and any plans, specifications, reports, and approved modifications thereto. R:/Ords 2004/0rds 04-04 31 I "Permittee" means any person, property owner, contractor or authorized agent to whom a permit is issued pursuant to this Ordinance. "Person" means any individual, firm, association, corporation, organization, or partnership or any city, county, district, the State or any department or agency thereof. (14 Cal. Code of Regulations, Sec. 3501) "Pollutant" means any agent that may cause or contribute to the degradation of water quality. The term may include, but is not limited to, dredged spoil, rock, sand, silt, solid and liquid waste, oil, fuels, construction related materials, debris and other contaminates. A. D. I E. F. "Precise Conformance", for purposes of this ordinance, means: Pad elevations within plus or minus four-tenths of a foot of planned elevation or approved construction change: B. Street subgrade within plus or minus four hundredths of a foot of planned elevation or approved construction change; C. Slope grades within plus or minus one foot of planned elevation or approved construction change; Rock slopes (rip-rap armoring) and horizontal locations within two feet of planned elevation and location or approved construction change; Drainage gradient to within two-tenths of one percent of planned slope or approved construction change; and Structures within the tolerances specified in the latest adopted version of the "Standard Specifications for Public Works Construction" (Green Book). "Precise Gradina Permit" means a permit that is issued on the basis of approved plans that show the precise locations of structures, finished elevations, drainage details and all on-site improvements on a given property. "Priority DeveloDment Proiects" means new development and redevelopment projects, as indicated in the City's MS4 permit requirements. "Quarrvina'" means the process of removing or extracting stone, rock, or similar materials from an open excavation for financial gain. "Rainv Season" means the period beginning October 1st and ending April 30th the next calendar year. "Record Drawinas" means plans prepared by the engineer of work subsequent to the completion of all work on the approved plans and approved changes thereon depicting the as- graded condition. I "Reaional Water Quality Control Board" (RWQCB) means the Regional Water Quality Control Board for the San Diego Region, which includes the City of Temecula. R:/Ords 20O4/0rds 04-04 32 I I I "Retainina Wall" means a wall designed to resist the lateral displacement of soil or other materials. "Rouah Gradina Permit" means a permit that is issued on the basis of approved plans that show finished elevations, interim building pad elevations and drainage. "Site" means the real property on which activities subject to this Ordinance may occur. "SloDe" means an inclined ground surface of fill, excavation or natural terrain, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. "SloDe Reyeaetation" means the planting of graded slopes with native andlor naturalizing plant species, which, after an initial establishment period, usually requiring irrigation, will survive with normal precipitation. "SloDe Stability" shall be defined as follows: A. "Gross stability" means the factor of safety against failure of slope material located below a surface approximately three to four feet deep, measured from and perpendicular to the slope face. B. "Suñicial stability" means the factor of safety against failure of the outer three to four feet of slope material measured from and perpendicular to the slope face. "Soil" means any rock, natural soil, or fill, andlor any combination thereof. "South Coast Air Quality Manaaement District" (SCAQMD\ means the regulatory authority for all or portions of Los Angeles, Orange, San Bernardino and Riverside Counties that oversees air pollution emissions from stationary sources, including fugitive dust sources generated by construction activity. "State Water Resources Control Board" (SWRCB\ means the regulatory authority that allocates water rights, adjudicates water right disputes, develops statewide water protection plans, establishes water quality standards, and guides the nine Regional Water Quality Control Boards located in the major watersheds of the state. "StockDile" means a temporary uncompacted fill or embankment placed by artificial means, which is designated or intended to be moved, or relocated at a later date. "StOD Work Order" means an order issued by a City official who requires that specific activity or all activity on a work site be stopped. "Storm Water" means surface runoff and drainage associated with storm events. "Storm Water Manaaement Plan (SWMP\" means a plan submitted in connection with an application for a City permit or other City approval, identifying the measures that will be used for storm water and non-storm water management during the permitted activity. "Storm Water Pollution Prevention Plan" (SWPPP\ means a document (other than a Storm Water Management Plan), which meets the requirements set out in the State General Construction Storm Water Permit or the State General Industrial Storm Water Permit. The R:/Ords 20O4/0rds 04-04 33 I I I SWPPP submitter to the City must describe the BMPs to be implemented to meet the requirements of this Ordinance. "Sub-base" means a layer of specified material of planned thickness between a base and the subgrade. "Subarade" means the soil prepared to support structures, or that portion of the roadbed on which pavement, surfacing, base or subbase, or layer of other material is placed. "Standard Urban Storm Water Mitiaation Plan (SUSMP)" means a plan submitted in connection with an application for a City permit or other City approval, identifying the measures that will be used to mitigate the impacts of urban runoff from Priority Development Projects. "Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. "Topsoil" means soil which is within the uppermost horizon of a soil profile, and which contains organic matter, nutrients, and microorganisms necessary for plant growth. "Ultimate Riaht-of-Wav" means the right-of-way shown as ultimate on an adopted precise plan of highway alignment, or a street right-of-way shown within the boundary of a recorded tract map, or a recorded parcel map. The latest adopted or recorded document in the above cases shall take precedence. If none of these exist, the Ultimate Right-of-Way shall be considered to be the right-of-way required by the highway classification as shown on the Master Plan of Arterial Highways. In all other instances, the Ultimate Right-of-Way shall be considered to be the existing right-of-way. "Watercourse" means a permanent or intermittent stream or other body of water, either natural or improved, which gathers or carries surface water. "Watershed" means the geographical area which drains to a specified point on a water course, usually a confluence of streams or rivers (also know as a drainage area, catchment, or river basin. "Waters of the State" means any water, surface or underground, within the boundaries of the State, including a MS4. Section 5: The provisions of Title 18, Articles 1 through 11, shall apply to all grading permits issued on or after the effective date of this Ordinance. Section 6: The City Council authorizes and directs the Director of Public WorkslCity Engineer to prepare and utilize a manual of standards setting forth the administrative procedures and technical requirements necessary to implement the provisions of this Ordinance. Such rules, procedures, and requirements shall be entitled "Administrative and Technical Procedures Manual for Grading, Erosion, and Sediment Control" in substantially the form set forth in Exhibit A. Section 7: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application, and to this end, the provisions of this Ordinance are declared to be severable. R:/Ords 20O4/0rds 04-04 34 I Section 8: The potential grading and land clearing activities regulated by this Ordinance represent components of the adopted General Plan that has already received the appropriate review when the General Plan was approved. Based on this fact, the City Council hereby finds that the adoption of this Ordinance is exempt from further review pursuant to CECA Guideline Sections 15162(a) and 15061(b)(3) of the CECA Guidelines. Section 15162 states that when an EIR has been certified for a project, no additional environmental review is required unless there is substantial evidence that the project has changed. The Final EIR for the City General Plan was certified on November 9, 1993. Section 9: The City Clerk shall certify the Ordinance and cause it to be published as required by law. This Ordinance shall take effect on the 30th day after adoption pursuant to state law. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula on the 11th day of May, 2004. ATTEST: I ~ STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do certify that the foregoing Ordinance No. 04-04 was du~ introduced and placed upon its first reading at a regular meeting of the City Council on the 20 day of April, 2004, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 11th day of May, 2004 by the following vote: AYES: 5 NOES: 0 ABSENT: 0 ABSTAIN: 0 COUNCILMEMBERS: Comerchero, Roberts, Stone, Washington, Naggar COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None I R:/Ords 20O4/0rds 04-04 35 I CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS I ADMINISTRATIVE AND TECHNICAL PROCEDURES FOR GRADING I EROSION & SEDIMENT CONTROL "GRADING MANUAL" Approved I I Subarticle Subarticle 1 1.1 1.2 1.3 Subarticle 2 Subarticle 3 I 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.B 3.9 Subarticle 4 4.1 4.2 4.3 4.4 4.5 4.6 Subarticle 5 5.1 5.2 5.3 5.4 5.5 5.6 Figure A 5.7 5.B 5.9 5.10 I CITY OF TEMECULA GRADING MANUAL TABLE OF CONTENTS Section Title Page GENERAL PROVISIONS Authority """""""""""""""""""""""""""""""'"........................................1 Purpose..........................................................................................................1 Adoption and Revision ...................................................................................1 (Intentionally left blank) GRADING APPLICATION REQUIREMENTS Grading Application, Plans and Specifications... ...........................................2 Other Grading Plan Clearances.....................................................................3 Rough Grading Plan ......................................................................................3 Precise Grading Plan .....................................................................................5 Single (Custom) Residential Lots...................................................................5 Geotechnical (Soils) Reports ......................................................................... 6 Other Data (Hydrology, Limits of Inundation, etc.).........................................8 Dust Prevention and Control Plan..................................................................8 Haul Route Plan.............................................................................................9 GRADING PERMIT REQUIREMENTS Permit Issuance ...........................................................................................11 Administrative Clearing Pennits................................................................... 11 Stockpile Pennits ."""""""""""""""""""""""""""""""""""""""""""" 12 Disposal of Materials....................................................................................13 Final Reports................................................................................................13 Rock Blasting ...............................................................................................13 GRADING DESIGN STANDARDS Cuts..............................................................................................................15 Fills...............................................................................................................15 Benns...........................................................................................................17 Expansive Soils............................................................................................17 Retaining Walls ............................................................................................18 Setbacks ......................................................................................................18 Setbacks """"""""""""""""""""""""""""""""""""'"...........................19 Terracing and Drainage ...............................................................................20 Pad Grading.................................................................................................21 Asphalt Concrete Pavement and Base Standards ......................................22 Driveways.....................................................................................................23 I Subarticle 6 6.1 6.2 6.3 Table 1 6.4 Subarticle 7 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 Subarticle 8 8.1 I Subarticle 9 9.1 9.2 9.3 9.4 9.5 APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F APPENDIX G I EROSION AND SEDIMENT CONTROL Erosion and Sediment Control Plans...........................................................24 BMP Implementation....................................................................................25 Temporary Site Vegetation ..........................................................................26 Long Term Erosion and Sediment Control Cover ..................................26 NPDES Requirements .................................................................................28 GRADING INSPECTION Site Inspections............................................................................................29 Excavation and Fill Inspection .....................................................................29 Concrete or Gunite Drainage Device Inspection .........................................29 Other Drainage Devices...............................................................................30 Paving Inspection.........................................................................................30 Rough Grade Certification .""""""""""""""""""""""""""""""""""""" 31 Sediment Control Facilities..........................................................................31 Final Inspection....................................................... .....................................31 COMPLETION OF WORK Final Reports................................................................................................32 GRADING FEES and SECURITIES Grading, Erosion and Sediment Control Plan Checking Fees..................... 34 Grading Permit and Inspection Fees """"""""""""""""""""""""""""'" 34 Grading Permit Renewal Fees.....................................................................34 Reinspection Fees .......................................................................................34 Grading, Erosion and Sediment Control Securities """""""""""""""""'" 34 APPENDIX Grading Plan Submittal & Permit Application .............................................. 36 Security Agreement and Bond Forms.......................................................... 37 Grading Plans/Subsurface Sewage Disposal System................................. 38 Review Under Earthquake Fault Zoning Act................................................ 39 Standard Erosion and Sediment Control Notes...........................................40 Standard Grading Notes ..............................................................................41 Agreement to Obtain Grading Pennit for Lots on Dirt Roads ......................42 I 1.1 1.2 I 1.3 I CITY OF TEMECULA ADMINISTRATIVE AND TECHNICAL PROCEDURES MANUAL FOR GRADING, EROSION AND SEDIMENT CONTROL SUBARTICLE 1. GENERAL PROVISIONS AUTHORITY Section 18.01.040, "Grading Manual," of the City of Temecula Grading, Erosion and Sediment Control Ordinance (hereinafter referred to as the "Grading Ordinance") authorizes the Director of Public Works/City Engineer (hereinafter referred to as the "City Engineer") to formulate such rules, procedures and interpretations as may be necessary to administer the Grading Ordinance. Such rules, procedures, interpretations and amendments thereto shall be referred to as the "City of Temecula Administrative and Technical Procedures Manual for Grading, Erosion and Sediment Control" (hereinafter referred to as the "Grading Manual") upon approval by the City Council. PURPOSE The purpose of the Grading Manual is to assist users of the Grading Ordinance by supplementing it with detailed information regarding rules, procedures, interpretations, standard specifications, requirements, forms and other information applicable to control grading, excavation, land clearing and erosion and sediment control. The Subarticles in the Grading Manual are organized to follow the content of the Articles in the Grading Ordinance. Should any portion of the Grading Manual be found in conflict with the provision of the Grading Ordinance, the more restrictive provision shall apply. ADOPTION AND REVISION The provisions of the Grading Manual, including revisions and additions thereto, shall be prepared by the City Engineer, and shall become effective upon being approved by the City Engineer. I I I SUBARTICLE 3. GRADING APPLICATION REQUIREMENTS 3.1 GRADING APPLICATION. PLANS AND SPECIFICATIONS A grading permit application shall consist of the following items and forms completed and signed by the applicant or his representative unless otherwise specified by the City Engineer: A. Acclication Form. The following information is required on the application form: 1. Name, address and telephone number of the applicant, with date of application. 2. Names, addresses and telephone numbers of any and all contractors, subcontractors or persons actually doing the grading activities, and the respective tasks. 3. Name, address and telephone number of the person responsible for the preparation of the site map and grading plan, erosion- and sediment-control plan, geotechnical engineering, and engineering geology reports. Names, addresses and telephone numbers of any and all persons responsible for archeological, paleontological, and/or other cultural resource investigations and reports. 4. 5. 6. Signature of the owners of the site, or of an authorized representative. Name, address and telephone number of a person authorized to take corrective action in the event of an emergency. Note: The Information listed In paragraphs (1) through (6) of subsection A of this section shall be kept current until the conclusion of the permitted activities. B. The completed application shall be submitted for review and approval along with the following items, completed and signed by the applicant or his representatives, unless otherwise waived by the City Engineer: 1. 2. 3. 4. Itemized transmittal letter. Grading plan (six (6) folded sets of prints). Erosion and sediment control plan (six (6) folded sets of prints). Preliminary Soils/Engineering Geologic Investigation Reports (three (3) bound sets). Hydrology and Hydraulic Report (three (3) bound sets, if required). Title Report (three (3) sets). City Conditions of Approval, if associated with Development Application (three (3) sets). Application Fees; Initial Plan Check Fees. Letters of permission from the owners of any adjacent properties that are proposed to be graded on. Dust Prevention and Control Plan. Haul Route Plan for import or export of material, including source of borrow material or disposal site. 5. 6. 7. 8. 9. 10. 11. 2 I I I 3.2 C. Gradina and Erasian and sediment control Plan Reauirements: 1. Information on Plans and SDecifications: Plans submitted for approval shall be drawn to minimum scale of 1" - 40', ink on reproducible Mylar sheets measuring 24" x 36' and shall be of sufficient clarity to indicate the nature and extent of the work proposed. The first sheet of each set of plans shall give the location of the work and the name and address and telephone number of the owner, the engineer of record, the project geotechnical engineer, engineering geologist, the person available on 24-hour call to provide erosion and sediment control installation and, when required, the project paleontologist and archaeologist. 2. 3. Plan pages shall be oriented so that the 'North Arrow' is specified at the top right side of each page. OTHER GRADING PLAN CLEARANCES 3.3 A. B. C. Prior to issuance of a grading permit, written clearances or permits may be required from, but not limited to, the following agencies and/or City Departments: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Califomia State or Regional Water Quality Control Board (401 Certification) California Department of Fish and Game Riverside County Flood Control and Water Conservation District Califomia Division of Industrial Safety Temecula Fire District (fuel modification) United States Army Corps of Engineers (404 Certification) Riverside County Geologist (Seismic areas) South Coast Air Quality Management District (Dust control) U.S. Fish and Wildlife Service Regional Water Quality Control Board (NPDES requirements) Temecula Building Department (retaining walls) Temecula Planning Department (Environmental clearances, as may be required, to Implement the Califomia Environmental Quality Act (CEOA); and any land use permits that may be required in accordance with the City's Development Code.) Temecula Community Services Department (parks and perimeter landscaping) 13. The applicant shall be responsible for submitting copies of the grading plans to the applicable divisions or agencies and obtaining all required clearances or permits associated with the grading project. Drainaae Easements. For all drainage-ways where the functioning of the drainage- way is essential to the protection and use of multiple properties, a covenant and/or deed restriction shall be recorded by the applicant, placing the responsibility for the maintenance of the drainage-ways on the owner of record of each respective lot affected. Permanent off-site drainage easements, as required by the City Engineer, shall be acquired by the permittee. Such easements shall be subject to approval of the City Engineer and City Attomey and recorded prior to issuance of the grading permit. A. ROUGH GRADING PLAN Six (6) sets of the grading plans shall be required and shall contain, but not be limited to, the following information: 1. Existing and proposed topography of the site, taken at a maximum contour Interval of two feet (2') so as to define the topography over the entire site. Ninety I 4. 9. I I percent (90%) of the contours shall be plotted within one (1) contour interval of the true location. 2. A minimum of two (2) contour intervals that extend a minimum of fifty feet (50') off-site or sufficient to show on-and off-site drainage; 3. Site's property lines, shown in true location with respect to the plan's topographic information; 5. Location and graphic representation of all existing and proposed natural and man-made drainage facilities; Detail (plan and section) of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with or as part of the proposed work, together with a map showing the drainage area and the calculated runoff of the area served by any drain, and the calculated carrying capacity of such drains; 6. Location and graphic representation of proposed excavations and fills, of onsite storage of soil and other earth material, and of on-site disposal; 7. Location of existing vegetation types and the location and type of vegetation to be left undisturbed; 8. Location of proposed final surface runoff, erosion and sediment control devices; Estimated quantity of soils material, in cubic yards, to be excavated, filled, stored or otherwise utilized on site; 10. Outline of methods to be used in clearing vegetation and in storing or disposing of the cleared vegetative matter; 11. Location of any buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on land of adjacent owners, which are within one hundred feet (100') of the property or which may be affected by the proposed grading operations; 12. North arrow, written and graphic scales 13. Location and type of easements within twenty feet (20') of the site boundary, together with the available information on the type and location of facilities they contain; 14. If the grading project includes the movement of soils material to or from the site, the permittee shall submit the haul route plan for review and approval by the City Engineer prior to the issuance of a grading permit. 15. Additional plans, drawings, calculations, environmental impact information, or other reports required by the City Engineer. 16. Erosion and sediment control plan designed to limit erosion of all disturbed portions of the property and to minimize the transport of soil onto adjacent properties or into streets, storm drains, or drainage ways, 17. Location of anyon-site or adjacent off-site public utilities (i.e. water, sewer, gas, power, telephone, CATV, etc.) 4 I 3.4 I 3.5 I PRECISE GRADING PLAN A. The plans shall include the following in addition to the above items listed for Rough Grading Plans: 1. The footprint or allowable building area of all proposed structures (including appurtenances). 2. 3. Setback distances between structures and top and toe of slopes. Detailed finish grade and finish floor elevations. 4. Flow lines for lot drainage. Details for building footing and side-yard swale relationship (including extra- height of footing). 5. 6. All proposed concrete flatwor\< and/or driveways. 7. B. All disabled access requirements in accordance with Section 18.12.160 "Disabled Access" of the Grading Ordinance. The precise grading plan shall identify all previous rough grading plans issued for the project site. It may include sheets from the rough grading plan that show original topography in lieu of reproducing original contours on the precise plan. SINGLE (CUSTOM) RESIDENTIAL LOTS A precise grading plan shall be submitted as part of the application for a building permit for all custom residential building sites. The precise grading plan shall include, but not be limited to: A. Existing contours and proposed grades. Pad and finished floor elevations; footprints of existing and proposed structures; and elevations of all existing and proposed structures. B. C. Location and dimensions of all proposed and existing public improvements and utility connections, septic tanks and leach fields (if applicable), easements, and rights-of-way. Include onsite and offsite improvements. D. Location of existing fire hydrants on both sides of the property. E. Existing topography including natural features to be preserved (i.e., rocks, trees, structures, water courses, streets, trails, slopes, wells, etc.) to at least fifty (50) feet from the perimeter of the subject property at a minimum of four-foot (4') Intervals. F. Cross-sections at all property lines. G. H. Streets: typical cross-sections, improvements, utilities, rights-of-way. Label all slope rates (2:1 maximum). I. Limits of FEMA floodplain, floodway and floodwater suñace elevations. I 3.6 I I J. Drainage and flood control facilities (size and type). Delineate special hazard zones (i.e., earthquake faults, liquefaction, subsidence, etc.) K. Include all grading notes, erosion and sediment control notes, and relevant details, sections, etc. L. Proposed Fire Department vehicle access roads and/or tumarounds in compliance with Califomia Fire Code (CFC) Section 902. GEOTECHNICAL ¡SOILS) REPORTS A. Three (3) bound copies of each geotechnical report required in this section shall be submitted as part of the application for a grading permit. Each report shall contain all information applicable to the project, including specific geologic constraints that may affect grading and development of the site. B. Recommendations contained in the approved reports shall be incorporated into the grading plans and specifications and shall become conditions of the grading permit. 1. Preliminary (Initial! Geotechnical ReDort: The preliminary geotechnical report shall be prepared subsequent to a subsurface. investigation of the site and shall include information and data regarding the nature, distribution and strength of existing soil and rock on the site, the physical properties of existing soils, slope stability analysis, fill/alluvial settlement analysis, liquefaction potential analysis, conclusions as to adequacy of the site for the proposed grading; recommendations for general and corrective grading procedures, including the correction of weak or unstable soil conditions and treatment of any expansive soils that may be present, foundation and pavement design criteria, and shall provide other recommendations, as necessary, commensurate with the project grading and development. 2. Preliminary (Initial) Enaineerina Geoloav ReDort: a. Engineering geology reports shall be required for all developments where geologic conditions are considered to have a substantial effect on existing and/or future site stability. This includes grading an hillside sites where the height of cut slopes exceeds six (6) feet unless the requirement is waived by the City Engineer. This requirement may be extended to ather sites suspected of being potentially adversely affected by faulting, fissuring, or differential settlement. b. The preliminary engineering geology report shall include a comprehensive description of the site topography and geology including a geology map; an opinion as to the adequacy of the proposed development from an engineering geologic standpoint, and opinion as to the extent that known or reasonably inferred instability on adjacent properties may adversely affect the project, a description of the nearest potentially active faults and their locations, a description of the field investigation and finds, conclusions regarding the effect of geologic conditions an the proposed development, and specific recommendations for plan modifications, corrective grading and/or special techniques and systems to facilitate a safe and stable development and shall provide other recommendations as necessary, commensurate with the project grading and development. The preliminary engineering geology report may be combined with the preliminary geotechnical engineering report. 6 I I I C. Erosion and Sediment Control Plan. An erosion and sediment control plan shall indicate proposed measures for the control of runoff, erosion and sediment movement. The erosion and sediment control plan shall emphasize erosion control with sediment control as a supplement to erosion prevention and shall include, at a minimum, the measures designed to meet the standards established in Subarticle 6 "Erosion and Sediment Control." Unless waived by the City Engineer, the erosion and sediment control plan for the site shall be approved prior to issuance of a grading permit. A copy of the approved erosion and control plan shall be maintained in an obvious and accessible location on the grading site. D. Work Schedule: The applicant shall submit a masterwork schedule showing the following information: 1. Proposed grading schedule, 2. A proposed schedule for installation of all interim and permanent erosion and sediment control measures, and 3. A proposed schedule for construction of final improvements. E. SeismicitY ReDorts. Prior to issuance of a grading permit, all grading projects that lie within an earthquake fault zone shown on the maps prepared by the State Geologist pursuant to the Alquist- Priolo Earthquake Fault Zoning Act ("Act") shall submit the following information to the City Engineer for review by the County of Riverside Transportation and Land Management Agency/Planning Division (TLMA): 1. Four (4) wet signed copies of the site specific, geologic/fault hazard report. a. The report shall be issued by a geologist who is registered in the State of California; shall define and delineate any hazard of surface fault rupture; and shall be prepared in accordance wnh the requirements of the Act. b. The report shall include the appropriate site maps and assessor's parcel numbers for the applicable lot(s). c. A check or money order, payable to the Riverside County Planning Department for the current review fee charges by the County for Alquist Priolo report review. (Refer to Section l(a)(4) of the Review Under Earthquake Fault Zoning Act, identified in the Appendix of the Grading ManuaL) 2. Upon filing of the above information and appropriate fees with the City Engineer, it shall be referred to the TLMA for review by a State Licensed Geologist. The County will work directly with the Registered Geologist who prepared the report, to obtain an acceptable report. Copies of the review/comment letters will be forwarded to the City Engineer. Upon an acceptable report being obtained, the TLMA will prepare a letter that includes the conclusions and recommendations of the consultant's report, conditions of approval, and a statement indicating approval of the report. Copies of the final report and approval letter will be transmitted to the City Engineer and the California Division of Mines and Geology, in compliance with the Act. 3. I 3.7 OTHER DATA IHYDROLOGY. LIMITS OF INUNDATION. GROUNDWATER. ETC.I A. Unless waived by the City Engineer, the applicant shall submit hydrology and hydraulic calculations and drainage area maps to determine the quantity of runoff generated by or tributary to the site, and its effects on the site or upon upstream or downstream properties. Erosion and sediment transfer studies, and other supporting data may be required. B. Limits of inundation on the subject property during specified storm frequencies shall be delineated on the grading plan, along with the submittal of supporting calculations. C. The engineer of record responsible for the preparation of the plans shall certify that the building pads to be created through any proposed grading are free from inundation from runoff from specified storms and to provide floodplain elevations and widths, sheet flow depths, floodway elevations and widths, and any other data required by the City Engineer. or by any applicable County, State, or Federal flood protection insurance program or requirement. D. The engineer of record or applicant shall prepare and submit suitable studies and data regarding percolation and permeability characteristics of the soils and their suitability for the use of septic tanks and leach fields, groundwater hydrology studies, data, and tests regarding the quantity and quality of groundwater which can be produced from properties not served by City water system, and its adequacy for domestic and agricultural use and for fire protection E. Identify location of any public well. The Rancho California Water District may require a I Source Water Assessment report that identifies mitigation measures for sub-surface septic systems. 3.8 DUST PREVENTION AND CONTROL PLAN A. I A Dust Prevention and Control Plan shall be submitted in conjunction with a grading plan or other plan involving the movement or stockpiling of soil. The City Engineer may also require the submittal of a Dust Prevention and Control Plan for other development as deemed necessary. At a minimum, the following conditions concerning the Dust Prevention and Control Plan shall apply: 1. The plan shall demonstrate that fugitive dust emissions will be controlled twenty- four (24) hours a day, seven (7) days a week, whether or not there is current activity on the site. 2. The plan shall identify the name and phone number of the person responsible for ensuring the plan is implemented and who can be contacted in the event of a dust complaint after normal working hours. 3. The plan shall demonstrate that the discharge of dust from the construction site will not occur or can be controlled depending on the particular site conditions and circumstances. Dust control measures shall include, but are not limited to, the application of water or dust palliatives; the installation of wind fencing; treatment of staging areas; and the establishment of performance standards for maintaining the s~e in a moist condition. 4. When an entire project Is to be graded and the subsequent construction on the site is to be completed in phases, the portion of the s~e not under construction shall be treated with a chemical stabilizer, or plant materials and an irrigation I 3.9 I I system consistent with Section 18.15.060, Systems" of the Grading Ordinance. "Erosion and Sediment Control 5. If the importing or exporting of soil is necessary as demonstrated by the cut and fill quantities on the grading plan, the dust control plan shall include procedures for the control of dust resulting from the loading or transportation of soil from, to, or within the project site, and on public roadways. B. SCAQMD Review. All projects with more than one hundred (100) acres of disturbed surfaces at any given time, and/or projects which move more than ten thousand (10,000) cubic yards of soil on at least three (3) days per year, MUST submit a dust control plan to South Coast Air Quality Management District (SCAQMD) for review and approval. In such instances, the applicant shall obtain SCAQMD approval of the dust control plan prior to issuance of a grading permit by the City. HAUL ROUTE PLAN Where soils material is moved on public roadways from or to the site of an earth grading operation, the following requirements shall apply: A. Prior to issuance of a grading permit, the haul route shall be approved by the City Engineer. Deviation from this designated haul route shall constitute a violation of the conditions of the permit issued under the provisions of the Grading Ordinance. B. At least twenty-four (24) hours before hauling is to commence, the applicant shall notify the City Engineer. C. In lieu of covering hauled loads, haul vehicles will comply with the freeboard requirements of Section 23114 of the California Vehicle Code for both public and private roads. D. The permittee shall be responsible for maintaining public rights-of-way used for hauling purposes in a condition free of dust, earth material or debris, attributed to the grading operation. E. Dust control measures, consistent with the provisions of Subarticle 3.8 of the Grading Manual, shall be implemented. F. Loading and transportation of soils material from or to the site shall be accomplished within the limitations established in Section 18.09.200, "Time of Operations," of the Grading Ordinance. G. Access roads to the site shall be only at points designated on the approved grading plan. H. The last fifty-feet (50') of access road, as It approaches the Intersection with the public roadway, shall have a grade not to exceed three percent (3%) and be constructed of gravel or equivalent material to prevent mud and debris from dropping from wheels onto street travel lanes. Mud Plates, Shaker Plates and/or additional equipment shall be required at the City inspector's discretion. There must be three hundred feet (300') clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the three hundred feet (300') sight distance cannot be obtained, flagmen shall be posted. A stop sign conforming to the requirements of the California Vehicle Code shall be posted at the entrance of the access road to the public roadway. I. 9 I I I J. Advance warning signs shall be posted on the public roadway four hundred feet (400') on either side of the access intersection, carrying the words "Truck Crossing." The signs shall be diamond shaped with an orange background; each side being thirty inches (30") in length with black letters five inches (5") in height. The sign shall be placed six feet (6') from the edge of the pavement, and the base of the sign shall be five feet (5') above the pavement level. Signs may be higher in areas conflicting with pedestrian, bicycle or equestrian traffic and shall be covered or removed when the access is not in use. K. The permit shall specify other conditions, including the posting of a cash bond, which may be determined necessary by the City Engineer, to minimize disruption of normal traffic activities and public inconvenience, and to prevent or minimize damage to public or private streets or improvements. L. Protection of public utilities. 10 I I I 4.2 SUBARTICLE 4. GRADING PERMIT REQUIREMENTS 4.1 PERMIT ISSUANCE For subdivisions, a rough grading permit may be issued after the approval of a Tentative Tract or Parcel Map. Grading permits subject to the above subdivision requirements shall not be issued prior to approval of the Tentative Map unless approved by the City Engineer. ADMINISTRATIVE CLEARING PERMITS An administrative clearing permit shall not be issued until all of the following have occurred to the satisfaction of the City Engineer: A. For develooment related clearina. where the proposed clearing and grubbing is in anticipation of, or pursuant to, development of the affected property, the following shall be accomplished: 1. Completion of a grading application in accordance with Subarticle 3.1, "Grading Application, Plans and Specifications." 2. All applicable discretionary approvals for development of the land shall have been issued, and 3. All required environmental mitigation measures shall have been implemented, and 4. All required dust control measures shall have been implemented in accordance with Subarticle 3.8. 5. 6. All applicable fees and deposits shall have been paid, and A satisfactory clearing plan shall have been approved, and An erosion and sediment control plan shall have been approved and security posted to assure implementation. 7. 8. Any clearing done pursuant to this section shall conform to the location, extent and purpose authorized explicitly by the applicable approvals for development of land. B. For non-develooment clearina. in all other instances where development is not anticipated, the following shall be accomplished: 1. Completion of a grading application in accordance with Subarticle 3.1, "Grading Application, Plans and Specifications." 2. A clearing plan showing the location of existing natural vegetation, locations of all existing buildings or structures on the property and the specific area to be cleared shall have been approved. Photographs of the site and surrounding properties that clearly indicate existing conditions and vegetation shall be submitted. 3. 11 I I I 4.3 4. All required dust control measures shall have been implemented in conformance with Subarticle 3.8, "Dust Prevention and Control Plan." 5. A biological report or other documentation which indicates the quantity and quality of existing vegetation as potentially suitable habitat for sensitive species, and any potential impacts on the suitability of remaining habitat on site and adjacent properties shall be submitted and approved by the Director of Planning (on disturbed sites, this report may be required to recommend revegetation with native plants). 6. All required environmental mitigation measures shall have been implemented as may be required by previously adopted environmental studies. 7. An erosion and sediment control plan shall have been approved and cash security posted to assure implementation. 8. An archaeological resources report that indicates the location of sensitive resources, as determined by a qualified archaeologist or paleontologist, shall have been submitted and approved. STOCKPILE PERMITS A stockpile permit is subject to the following conditions: A. Environmental review and approval by the City Planning Department in order to comply with the California Environmental Quality Act (CEQA). Approval by the City Council in accordance with Section 18.09.120(C), "Types of Permits" of the Grading Ordinance. B. C. Completion of a grading application in accordance with Subarticle 3.1, "Grading Application, Plans and Specifications." D. A site plan must be prepared by a registered civil engineer showing quantity, height, location, haul route, and method of stockpiling. E. A certification shall be required on stockpiled soil by a soils engineer for the acceptability of the soil prior to trucking to the site. F. G. An erosion and sediment control plan must be prepared by a registered civil engineer. A Dust Prevention and Control Plan in accordance with Subarticle 3.8, "Dust Prevention and Control Plan." . H. The implementation of an effective combination of erosion and sediment controls is required between October 1st to April 30'" in accordance with the erosion and sediment control requirements identified in Subarticle 6. Runoff from stockpiled areas shall be controlled to prevent erosion or resultant sedimentation of receiving waters. Stockpiled soil shall not be placed below the high-water rirn of any suñace water bodies, within the 100-year floodplain of any suñace streams or creeks, or in any other location from which it would be susceptible to erosion into the receiving water. I.' J. The permit costs shall be based on the quantity of the soils material. The soil shall be removed from the site or compacted and graded thereon under a subsequently issued 12 I 4.4 I 4.5 4.6 I rough or precise grading permit within six (6) months of issuance of a stockpile permit, unless modified by the City Council. DISPOSAL OF MATERIALS The disposal of all waste and recycling materials removed as part of any grading project shall be in compliance with the City's Solid Waste Franchise Agreement, as specified within the provisions of Temecula Municipal Code, Title 8, Chapter 8.20, Waste Management. A. Waste materials, debris, vegetation and other rubbish shall be disposed of at a City approved off-site disposal site and/or recycling center. B. All concrete, asphalt, aggregate or sand base material, cement block, trees shrubs, bushes, and all other recyclable material generated during cleaning, demolition, clearing and grubbing or other phases of work shall be disposed of at City-approved recycling centers. C. The permittee may contract with the City's Franchisee for solid waste removal and recycling services. 1. The pemittee may use the services of another vendor provided that the recyclable materials are either donated or sold to the vendor. Under no circumstances may a vendor, other than the Franchisee, charge the permittee for recycling bin rental, recycling services, consultation, or any other service related to the recycling or solid waste disposal. Unless the permittee is using the Franchisee for recycling services, the permittee shall supply proof of disposal of material at a City-approved recycling center, including verification of tonnage by certified weighmaster tickets. If weighmaster tickets are not available, the permittee and the City Engineer shall agree on the estimate of tonnage prior to disposal at the recycling center. 2. D. Questions regarding the removal of construction waste or recyclable materials should be directed to the City of Temecula Community Services District at (909) 694-6480. FINAL REPORTS Rough grade and final soil and engineering geology reports shall be submitted in accordance with Subarticle 8.1, "Final Reports." ROCK BLASTING No rock blasting shall be permitted until a preblast survey of the surrounding property is conducted to the satisfaction of the City Engineer. During rock blasting, seismic recordings shall be taken for all blasts at locations and levels approved by the City Engineer. All blasting shall conform to the requirements of the City Engineer. A. The contractor shall prepare a site plan, to scale, showing where the blasting will occur and all the buildings and utilities within fIVe hundred feet. B. A preblast survey of all buildings and all public utilities within three hundred feet (300') will automatically be required. Other structures within five hundred feet (500') should be surveyed, if they are more than fifteen (15) years old and/or sensitive, such as historical 13 I I I buildings. The preblast surveys shall be submitted with the permit application. Alternately, a letter from an authorized survey service may be submitted with a scale drawing showing distances to all structures to be surveyed prior to the blast. c. A seismic monitor shall be located adjacent to the closest building or most sensitive building. The seismic recording shall be submitted to the project inspector as soon as they are available. D. Ground accelerations shall be limited to one foot (1') per second per second (fpss) in the area of new construction, and one-half (0.5) fpss around older or sensitive buildings. E. The blasting contractor shall provide written notification to all residents within five hundred feet (500') of the blast area. At a minimum, the notice is to be in the form of a door-hanger stating the approximate time the blast or blasts will occur. The notices are to be in place at least forty-eight (48) hours prior to blasting. F. The applicant shall pay an appropriate administrative fee for processing of each blasting permit. 14 I 5.1 CUTS A. I 5.2 FILLS A. B. C. D E. I SUBARTICLE 5. GRADING DESIGN STANDARDS Decree of Slope. The slope of cut suñaces shall be no steeper than is safe for the intended use, but in no case shall It be steeper than two horizontal to one vertical (2:1). No slopes shall exceed thirty feet (30) in vertical height without a terrace, except under the following conditions: 1. The project applicant (property owner) provides a geotechnical engineer's report and/or and engineering geologist's report stating that the project site has been investigated and specifically recommends that a cut slope at a steeper angle will be stable and not create a hazard to public or private property, or environmental considerations dictate otherwise; and 2. The City Encineer approves such recommendation. The City Engineer may require specific recommendations from the geotechnical engineer and/or engineering geologist to support any such recommended deviations; and approve the recommendation as submitted, approve the recommendation subject to specified conditions, or deny the recommendation. Fill Location. The toe of the fill shall be no closer than twelve feet (12') horizontally to the top of an existing or planned cut slope. The area beyond the toe of the fill shall be sloped for sheet overflow or a protected drain shall be provided. Decree of Slope. The slope of fill suñaces shall be no steeper than is safe for the intended use, but in no case shall it be steeper than two horizontal to one vertical (2: 1). Roundino of Slopes. Fill slopes shall be rounded off so as to blend with the natural terrain. Temporarv Slopes. Exceptions to the above may be made for temporary slopes upon written request at the discretion of the City Engineer where the public health, safety, or welfare Is not threatened. For purposes of this Grading Manual, a "temporary slope" refers to a slope that would be removed or reconstructed within a twenty-four (24) month period. Preoaration of Ground. 1. The ground suñace shall be prepared to receive fill by removing vegetation, non- complying fill, topsoil and other unsuitable materials, and by scarifying to provide a bond with the new fill. Where existing slopes exceed five feet (5') in height and/or are steeper than five horizontal to one vertical (5:1), the ground shall be prepared by benching Into sound bedrock or other soils material as determined by the geotechnical engineer and approved by the City Engineer. The lowermost bench or keyway beneath the toe of a fill slope shall be a minimum fifteen feet (15') in width. The ground suñace below the toe of fill shall be prepared for sheet flow runoff. 2. Where fill is to be placed over a cut slope, the bench under the toe of the fill shall be at least fifteen feet (15') wide and shall meet the approval of the geotechnical engineer and/or engineering geologist as a suitable foundation for fill. 15 I I I F. Fill Material. Only soils material free from tree stumps, organic matter, trash, garbage, sod, peat and similar matter shall be permitted. ExceDtion: Rocks larger than six inches (6") in greatest dimension shall not be used unless the method of placement is properly devised, continuously inspected and supervised by the geotechnical engineer. In addition, the following shall also apply: 1. Prior to issuance of a grading permit, potential rock disposal areas shall be delineated on the grading plan. 2. Rocks sized greater than six inches (6") in greatest dimension shall be ten feet (10') or more below grade, measured vertically, or as recommended by the geotechnical engineer or engineering geologist. 3. Rocks shall be placed so as to assure filling of all voids with fines. Note: When the design of the development or covenants and restrictions clearly provide irrevocable assurance that no structure or utilities will be placed on precisely definable areas, these burial depths may be reduced with the approval of the City Engineer. G. ComDactlon. 1. All fill shall be compacted to a minimum of ninety percent (90%) of maximum density as determined by the most current Califomia Building Code Standards, or equivalent, as approved by the City Engineer. Locations of field density tests shall be determined by the soil engineer or approved testing agency and shall be sufficient in both horizontal and vertical placement to provide representative testing of all fill placed. Testing in areas of a critical nature or special emphasis shall be in addition to the normal representative samplings. Field density shall be determined in accordance with the most current California Building Code Standards, or equivalent, as determined by the City Engineer. 2. 3. Exceotions: a. Where lower density and very high potential expansion characteristics as defined by the most current California Building Code exist, lesser compaction may be granted by the City Engineer upon justification and recommendation by the geotechnical engineer. 4. Fill slopes shall be compacted to the finish slope face as specified in sub- paragraph G (1) of this Section. The soil engineer shall provide specifications for the method of placement and compaction of the soil within the zone of the slope face. 5. Sufficient maximum density by test methods set forth in the most current California Building Code, or an equivalent method approved by the City Engineer, shall be performed during the grading operations to verify that the maximum density curves used are representative of the soils material placed throughout the fill. 16 I I I 5.3 5.4 H. Buttress/Stabilization Fills. Recommendations for buttress fills or stabilization fills by the geotechnical engineer shall be accompanied by a report setting forth the soil or geologic factors necessitating the buttress/stabilization fill, stability calculations based on both static and pseudostatic conditions, (pseudostatic loads need not normally be analyzed when bedding planes are flatter than twelve degrees from the horizontal) laboratory test data upon which the calculations are based, a copy of the approved grading plan showing the location of the buttress/stabilization fill, a scaled section of the buttress/stabilization, and recommendations with details of subdrain requirements. UtilitY Line Backfills. 1. Backfill for on-site utility line trenches such as water, sewer, gas, and electrical services shall be compacted and tested in accordance with sub-paragraph G (1) of this Section. Altemate materials and methods may be used for utility line backfill, provided that the material specification and method of placement are recommended by the geotechnical engineer and approved by the City Engineer prior to backfilling. 2. The final utility line backfill report from the project geotechnical engineer shall include a statement of compliance by the geotechnical engineer that the tested backfill is suitable for the intended use. BERMS Unless waived by the City Engineer, a compacted berm shall be constructed at the top of all slopes steeper than five to one (5:1) and greater than two feet (2') in vertical length. The berm shall conform the slope and shall be a minimum of six inches (6") high and one foot (1 ') wide. EXPANSIVE SOILS A. Tests for expansive soils shall be performed on soils within four feet (4) of the finish grade of any area intended or designed as a location for a building. Whenever expansive soils are encountered: 1. The permittee shall cause such expansive soil to be removed to a minimum depth of four feet (4') below finish grade and replaced with properly compacted, nonexpansive soil; or 2. The geotechnical engineer may recommend a modification to the requirement for removal and replacement of the expansive soils. B. In general, at the discretion of the geotechnical engineer, expansive soil from cut areas shall be placed in the lower extremities of embankments, and non-expansive materials shall be reserved, stockpiled, or otherwise handled so that they may be placed as a cap over expansive soils. C. Expansive soils that cannot be disposed of on-site, as described above, shall be disposed of off-site by either: 1. Disposal outside the City limits in accordance with Subarticle 4.4, "Disposal of Materials." 17 I I 5.6 I 5.5 2. Disposal at another location within the City, provided said location is covered by a grading permit or stockpile permit and the expansive soils can be disposed of at said location with the written approval of the owner and geotechnical engineer. RETAINING WALLS A. Retaining walls shall be specified by referencing a current City-adopted standard design with clear notation on the plans of specific wall heights, dimensions, reinforcement options, exception, and modifications. All exceptions and modifications shall be justified by the civil engineer to the satisfaction of the Temecula Department of Building and Safety. B. Retaining wall designs shall be performed by a registered structural engineer or a registered civil engineer competent in structural calculations. Complete structural calculations shall be provided to the Temecula Department of Building and Safety for review and approval, and determination if a building permit is required. C. Cross-sectional views of all retaining walls shall be provided on the grading plan. D. Where a driveway, roadway, or parking area is within five feet (5') of the top of a retaining wall, a vehicle guardrail shall be constructed to the specifications approved by the Department of Building and Safety. E. The grading plan shall clearly indicate which walls are to be constructed and inspected under the authority of a building permit after rough grade approval. Any temporary slopes shall be clearly shown on the plan. SETBACKS A. General. The setbacks and other restrictions specified by this Grading Manual are minimum and may be increased by the City Engineer or by the recommendation of a civil or geotechnical engineer, if necessary for safety and stability, to prevent damage of adjacent properties from deposition or erosion or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks when approved by the City Engineer. 1. Desion Standards for Setbacks. a. Setbacks between graded slopes (cut or fill) and structures shall be provided in accordance wnh Figure A set out in this Section. b. The tops and toes of slopes shall be set back from the outer boundaries of the permit area, including slope rights areas and easements, and from structures In accordance wnh Figure A, "Setbacks" of this section. Lot lines shall be located at the top of slopes, including berms, wherever practicable. c. Where the requirements of the California Building Code or Title 17, "Zoning" of the Temecula Municipal Code exceed the minimum setbacks specified herein, the more restrictive setback provisions shall apply. B. Earthouake Fault Zones. 1. All projects that lie within an earthquake fault zone, as identified in Subarticle 3.6, "Seismicity Reports" shall comply with the setback requirements established in accordance with the Alquist-Priolo Earthquake Fault Zoning Act. 18 I I I NOTES: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. FIGURE A SETBACKS Min. Setback From Adjacent s.,- a b c d . 0<6 3' ,. l' 6-14 5' ,. 14-30 5' +30 5' Table A H(hgt) r_t 0-6 6-12 Max. MIn, Setboc:lc Hw f 3' 3'min, H/2 H/2 +30 6' 15' à1f10ble 8 ':' '-1 ,....... " Hw I I .--1. ~ FIQ. B PA means permit area boundary and/or property line; MFD means manufactured slope. Setbacks shall also comply with the Development Code. Table A applies to manufactured slopes 2:1 or steeper natural slopes. Setbacks from natural slopes flatter than 2:1 shall meet the approval of the City Engineer. "b" may be reduced to five feet (5') minimum if an approved drainage device is used; roof gutters and downspouts may be required. "b" may be reduced to less than five feet (5') if no drainage is carried on this side and if roof gutters are included. If the slope between "a" and "b" levels is replaced by a retaining wall, "a" may be reduced to zero and "b" remains as shown in Table A. The height of the retaining wall shall be controlled by the City of Temecula Development Code standards. "b" is measured from the face of the structure to the top of the slope. "d" is measured from the lower outside edge of the footing along a horizontal line to the face of the slope. Under special circumstances "dO may be reduced as recommended in the approved soil report and approved by the City Engineer. The use of retaining walls to reduce setbacks (Figure B) shall be approved by the City Engineer. "f may be reduced if the slope is composed of sound rock that is not likely to produce detritus and is recommended by the soil engineer or engineering geologist and approved by the City Engineer. 'a" and 'e" shall be two feet (2') when PA coincides with Arterial or local street right-of-way and when improved sidewalk is adjacent to right-of-way. 'e" shall be increased as necessary for Interceptor drains 19 I I I 5.7 TERRACING AND DRAINAGE A. Terraces. Slopes greater than thirty (30) feet in height require terraces at least six feet (6') in width established at not more than thirty foot (30') vertical intervals on all cut or fill slopes to control surface drainage and debris [except where only one (1) terrace is required, which shall be at mid-height] For cut or fill slopes greater than sixty feet (60') and up to ninety feet (90') in vertical height, one terrace at approximately mid-height shall be twelve feet (12') in width. Terrace widths and spacing for cut and fill slopes greater than ninety feet (90') in vertical height shall be designed by a professional engineer and approved by the City Engineer. Suitable access shall be provided to allow for cleaning and maintenance. B. Terrace Drains. 1. Terrace drains shall be constructed on all terraces, using concrete with suitable reinforcement, with a minimum gradient of three percent (3%) and shall be paved with reinforced concrete, or approved equal, not less than three inches (3") in thickness. Construction of the drains shall be such that concrete is a minimum of one-half inch (11.") below (and a maximum of four inches (4") below) the surface elevation of the adjacent grade. The terrace drain shall have a minimum depth at the deepest point of one foot (1') and minimum width of three feet (3') (measured across the top) and shall be designed to accommodate the runoff intercepted. 2. Unless otherwise approved by the City Engineer, a single run of terrace drain shall not collect more than 13,500 square feet (projected) of drainage area without discharging into a down drain or other approved collection device. Splash walls, velocity reducers, flow spreaders and other structures shall be provided to the satisfaction of the City Engineer. All down drains shall be constructed of concrete with suitable reinforcement and shall equal the cross- sectional area of the terrace drain or be a pipe of approved material and of twelve inches (12") minimum diameter. 3. Construction of the terrace drains shall be as described for gutters and down drains herein, and shall be located on the terraces with one (1) side of the ditch at least two feet (2') from the toe of slope. C. Interceotor Drains. Concrete interceptor drains shall be installed along the top of all manufactured slopes where the tributary drainage area flows toward the slope and has a drainage path to top of slope greater than forty feet (40') measured horizontally. Interceptor drains shall be paved with a minimum of three inches (3") of reinforced concrete. They shall be designed to contain the 100-year flow and have a minimum depth of eighteen inches (18") and a minimum paved width of thirty-six inches (36") measured horizontally across the drain. The slope of the drain shall be approved by the City Engineer. Subsurface Drainaae D. 1. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability, and as recommended by the geotechnical engineer, geologist, and/or engineering geologist All canyons and buttress fills shall be provided with sub drains approved by the City Engineer. 2. 20 I I I 5.8 B. Pad Gradlna A. Storm Water Runoff. Storm water runoff from lots or adjacent properties shall not be carried over cut or fill slopes steeper than five to one (5:1). Such runoff shall be provided for as follows: 1. Each lot shall be graded so that storm water will drain from the back and through the side yard and front yard with a grade of one percent (1 %) minimum directly to an abutting street or approved drainage facility, without flowing across other lots or cut and fill slopes. Pads shall be rough graded to a minimum slope of one and one-half percent (1 Yo %) to insure that finished grading provides one percent (1%) minimum slope on swales. Where the velocity of the flow is found to be erosive, an improved drainage device shall be required. When the above is not possible, as determined by the City Engineer, storm water shall be collected along the top of banks or at the rear of the graded lots by means of improved gutters, interceptor drains five feet (5') from the structure, or in area drains and carried to propeny sized outfalls or devices which shall not be allowed to drain across the surface of sidewalks. 2. 3. Area drains shall be sized by engineer's hydraulic calculations and in every case shall be a minimum of six inches (6") in diameter and constructed of solid wall pipe (not corrugated). Minimum slope shall be two percent (2%) and cleanouts shall be provided every one hundred feet (100') and at angle points and junctions in the system. An altemative overflow shall be designed and constructed to insure the safety of the structure and adjacent properties in the event of drain blockage. 4. All foundations shall be designated and installed to produce a finished floor elevation a minimum of six inches (6") above surrounding grade. 5. No landscape area shall allow ponding of water within five feet (5') of any structure. Irrigation and rain runoff shall not be designed to overflow sidewalks or patio areas. a. Catch basins and area drains shall be installed in all landscape areas adjacent to structures and bounded by hardscape areas within five feet (5') of the structure. Catch basins in these areas shall be provided at a minimum of every ten feet (10') measured longitudinally along the face of the structure. Finished Gradina. Unless otherwise approved by the City Engineer, finished grading shall slope away from the perimeter of the building toward the pad swale (that goes around the building) at a slope of two percent (2%) for a minimum of five feet (5'). This requirement shall also apply to all flatwork and landscaped areas adjacent to the structure. 1. The discharge from any down drain, ditch, or pipe shall be controlled so as to prevent the erosion of the adjacent grounds and installed a minimum of five feet (5') beyond any structure at the top or toe of the slope. Velocities shall be reduced by means of adequately sized aprons of rock, grouted riprap, or box- type energy dissipaters. Riprap sizing shall be designed based upon flow velocities and riprap shall be placed in a manner so as not to create other erosion problems and In conformance with Greenbook standards. 21 I I I 5.9 2. Surface drainage shall not be carried across a lot or parcel within three feet (3') of a structure without the use of an approved drainage structure. 3. Roof gutter downspouts shall be discharged to five feet (5') beyond the structure and to landscape areas where practicable. Roof gutters shall not be tied into sanitary sewer systems. ASPHALT CONCRETE PAVEMENT AND BASE STANDARDS A. Reauirements. For the purpose of this section, asphalt concrete (A.C.), aggregate base (A.B.), prime coat, tack coat and seal coat shall meet the current standards of the City for road construction and/or the approval of the City Engineer. Cost Estimates: Asphalt concrete is classified as a secondary drainage device when used for roadway and parking lot surfacing and other similar uses. Accordingly, the cost of all paving, with the exception of single-family driveways, shall be included in the engineer's cost estimate. B. C. Subarade Comoaction: Subgrade soils material shall be compacted to a minimum of twelve inches (12") in depth and shall comply with all other requirements of this division. D. Soil Sterilization: Unless otherwise approved by the City Engineer, subgrade soils material shall be sterilized to preclude plant growth. E. Pavement Structural Section. The project geotechnical engineer, or design civil engineer, shall recommend a pavement structural section(s) for parking lots/service roads, private streets, and dedicated streets for all developments based on: 1. Soils test of the subgrade soil(s) performed in accordance with the latest revision of ASTM Standards; and 2. Anticipated traffic and/or loading conditions. Design shall be in accordance with the Caltrans Highway Design Manual, as amended. The structural sections shall be not less than the minimum standards established by the City. Minimum traffic index for pavement design shall be six (6). 3. All adjoining pavement edges shall be saw cut for butt joints or ground with a minimum of one and one-half inches (1.5") for an asphalt overlay. No feathering is allowed. 4. 5. Minimum overlay depth shall be one and one-half inches (1.5"). A minimum slope of two percent (2%) shall be utilized on all asphalt pavement sections including parking lots. Concrete drainage structures placed at less than one percent (1%) slope shall have grade stakes set by the engineer of work at no greater than twenty foot (20') intervals. Maximum gradient for parking stalls shall be eight percent (8%). 6. 7. Maximum gradient for parking lots shall be eight percent (8%) for every twenty horizontal feet (20'). 22 I 5.10 I I DRIVEWAYS A. Whenever access is taken from a street, alley or driveway to an off-street parking area serving four (4) or less dwelling units, the driveway or other vehicular access way shall have a maximum grade of fifteen percent (+15%) or minus six percent (-6%) measured from the street, alley or driveway grade along the driveway center line, for a distance of not less than eighteen feet (18') from the street, alley or driveway right-of-way line or minimum distance and grade as established by the Temecura Fire Department. B. Whenever access is taken from a street, alley or driveway to an off-street parking area serving industrial, commercial or professional uses, public or community facilities, or five (5) or more dwelling units, the driveway or other vehicular access way shall have a maximum grade of fifteen percent (+15%) or minus two percent (-2%) measured from the street, alley or driveway grade along the driveway center line, for a distance of not less than eighteen feet (18') from the street, alley or driveway right-of-way line or minimum distance and grade as established by the Temecula Fire Department. Note: Required driveway Improvements must be completed prtor to Issuance of a certificate of occupancy. 23 I I I 6.1 SUBARTICLE 6. EROSION AND SEDIMENT CONTROL EROSION AND SEDIMENT CONTROL PLANS Prior to issuance of a grading permit, plans for erosion and sediment control shall be prepared and submitted for review and approval to the City Engineer. The erosion and sediment control plans shall include, but not be limited to, the following information: A. Pre-Construction drawing(s) that illustrate at least the following: 1. 2. 3. 4. 5. Existing topography with contour intervals. Existing drainage basins. Existing runoff pattems. Location and nature of existing sensitive areas (i.e., wetlands, creeks) Proposed temporary desilting facilities and erosion and sediment controls necessary to protect adjacent properties from sediment deposition. General location of where structural BMP's are to be installed. General location of where nonstructural BMP's for erosion and sediment control are to be installed while construction activities occur. Construction time schedule. Inspection and maintenance requirements. 6. 7. 8. 9. B. Post-Construction drawing(s) that illustrate alleast the following: 1. 2. 3. 4. 5. Proposed topography with contour intervals. Proposed drainage pattems. Proposed runoff patterns. Disturbed lands where erosion and sediment control methods are to be installed. Detailed infonnation on erosion and sediment control measures (including vegetation establishment specifications, quantity, and cost estimates). Post-construction BMP inspection and maintenance requirements. 6. C. If agreed upon by the City Engineer, the Pre-Construction and Post-Construction plans can be combined into one set of drawings. However, existing features shall be printed in faded dash lines and new features in solid lines. D. All drawings shall have a maximum scale of 1-inch equal to 100-feet, ink on reproducible mylar sheets measuring 24-inches by 36-inches. E. The erosion and sediment control standard notes including the name, address, and a 24- hour phone number of the person responsible for installing and maintaining the erosion and sediment control system and perfonnlng emergency erosion and sediment control work; F. The name, address and signature of the civil engineer or person who prepared the plan; The streets, easements, drains, and other improvements, which will exist as of October 1st. G. H. The placement and location of sediment control measures Including spacing, alignment, and typical detail and slope planting or other measures to control erosion from all disturbed portions of the property In accordance with Section 18.15.060, 'Erosion and Sediment Control Systems" of the Grading Ordinance. 24 I 6.2 I I J. Access routes to all such erosion and sediment control facilities and how access shall be maintained during inclement weather. All State and Federal erosion and sediment control requirements shall be met. K. All erosion and sediment control plans are a first "appraisal" of what may be necessary to minimize the discharge of sediment from a construction site. Consequently, modification and updates to approved plans are expected to occur that ensures effective control of sediment and erosion. The City of Temecula reserves the right to require updates, deletions, and other modifications to the plans. BMP IMPLEMENTATION A. Permittee shall implement Best Management Practices (BMPs) that ensure the following at all construction sites: 1. 2. 3. 4. 5. 6. 7. 8. 9. Erosion prevention; Minimum grading activities during the rainy season; Slope stabilization; Phased grading; Revegetation as eariy as feasible; Preservation of natural hydrologic features; Preservation of riparian buffers and corridors; Maintenance of all source control and treatment control of BMPs; and Retention and proper management of sediment and other construction pollutants on site. B. Temporary and/or permanent erosion devices shall include, but are not limited to mulching, seeding, soil binders, turf reinforcement mats, blankets, temporary and/or permanent vegetation, or other devices or methods as approved by the City Engineer. Jute netting shall not be utilized as a stand-alone erosion control method. Temporary erosion controls are required on all slopes over 3' in height between October 1" and April 30th unless 70% vegetative cover has been established. For prolonged periods of inactivity, erosion control shall include protection of all slopes in excess of three feet (3') in accordance with this Manual and Section 18.15.080, "Temporary Site Vegetation - When Required" of the Grading Ordinance, unless otherwise approved by the City Engineer. Slopes may require an adequate sprinkler system to be installed. Vegetation shall be installed, fully germinated, and shall cover the required slopes prior to October 1" of each year. C. D. Temporary and/or permanent sediment control devices shall include, but are not limited to, desilting basins, check dams, chevrons, cribbing, riprap, gravel and/or sand bags, fiber rolls, earth berms, filter cloth, silt fences, stabilized construction entrances or other devices or methods as approved by the City Engineer. Desilting basins, if applicable, shall be constructed prior to grading operations and compacted to ninety percent (90%) of maximum density. A spillway constructed of erosion resistant materials (i.e. plastic, PCC) shall be installed for overflow, as designed by the Engineer of Record. A geotechnical engineer's report, which includes the type of field-testing performed, location and results of the testing shall be submitted to the City Engineer for approval upon completion of the desilting basins. E. F. Desllting basins shall be provided adjacent to drainage inlets and/or outlets located throughout the graded site or constructed around the perimeter of projects, and shall be designed to provide a desilting capacity capable of containing the anticipated runoff for a 25 I 6.3 I I period of time adequate to allow reasonable settlement of suspended particles. Grading cost estimates shall include maintenance and ultimate removal costs for temporary desilting basins. G. The erosion and sediment control provisions shall take into account drainage pattems during the current and future phases of grading throughout the rainy season and shall include, but not be limited to, directing drainage away from the edge of top of slopes. H. Paved streets, sidewalks and other improvements shall be protected from pollutant discharge and be maintained in a neat and clean condition free of loose soil, construction debris and trash. Street sweeping or other equally effective means shall be used on a regular basis to prevent storm flows from carrying sediment and debris outside the project boundaries. Watering to clean the streets is prohibited. TEMPORARY SITE VEGETATION A. General Reauirements. Pursuant to Section 18.15.080, "Temporary Site Vegetation - When Required", of the Grading Ordinance, all cut and fill slopes requiring erosion control shall be vegetated with drought tolerant grass or ground cover in order to protect the slopes from erosion and instability. 1. Slopes exceeding three feet (3') in vertical height shall be planted with long-term drought-tolerant groundcover, with species, sizes and spacing per Table 1, below. The plants selected and methods used shall be suitable for the soil and climatic conditions found on the site according to their water needs. Plant materials and planting patterns may be varied upon the recommendation of a landscape architect with approval of the City. TABLE 1 LONG TERM EROSION AND SEDIMENT CONTROL GROUND COVER Plant Size Maximum SDacina Baccharis sDecies Flats 12" on center DelosDerma>Alba=-White Trailina Ice Plant Flats 12" on center Drosanthemum sDecis - Ice Plant Flats 12" on center LamDranthus sDecis -Ice Plant Flats 12" on center Lonicera iaDonica - Honevsuckle Flats 12" on center MvoDorum Darvifolium -MvoDorum Flats 12" on center B. Erosion and sediment control - LandscaDe and Imaation Plan Reauirements. 1. Landscape plans shall be submitted for all slopes exceeding three feet high. A landscape plan shall include: a. A slope planting schedule that provides common and scientific names and specifications of all plants, including the names of all species, number and size of each tree and shrub and the spacing of plants. b. The location of the planting. c. Details necessary to complete the project including scope of work, materials to be used (seed mixtures, plant species listed by size, 26 I I I quantity, fertilizer used and rate of application), construction methods, maintenance and timetable for project completion. 2. Irrigation Plan Requirements. a. Except where approved by the City, slopes required to be planted shall be provided with an approved automatic system of irrigation designed to cover all portions of the slope and shall Indicate the extent of the work proposed. Care shall be taken to minimize runoff. Turf areas shall be irrigated separately from slope areas. Specifications for proposed devices, size and type of pipe, flow and precipitation rates are to be included on the erosion and sediment control landscape plan. b. Irrigation systems shall provide minimum head to head coverage. Provide overlap as required to allow for seasonal high winds and heat. c. Provide separate valves for sprinklers/rotor where located with more than 7' of vertical change. d. Provide check valves as required to eliminate low head drainage. e. Irrigation systems may be located above grade except where adjacent to vehicular or pedestrian traffic where they shall be located below grade. f. An approved backflow prevention device shall be installed in each irrigation system that conforms to Chapter 10 of the Uniform Building Code. Prior to City approval, any reclaimed water irrigation systems are subject to approval by the State Water Quality Control Board. g. All irrigation is to be designed per the requirements of Municipal Code Chapter 17.32, Water Efficient Landscape. C. Plantina Method. Minimum requirements shall include, but not be limited to: 1. Planting holes for all plants shall encourage deep percolation of irrigation. Mulch shall be applied to the surface area to minimize evaporation. 2. Long term ground cover shall be spaced so as to achieve one hundred percent (100%) coverage of the slope in as short a time as possible. The finish grade and drainage shall promote healthy plant growth and minimize erosion and runoff. 3. D. All vegetation planted in accordance with this section shall be maintained In a healthy, vigorous condition. Slopes affected by the future installation of walls, fences, swimming pools or any other buildings shall be properly replanted upon completion of the subsequent projects. E. A grading and erosion and sediment control security shall be required in accordance with Subarticle 9.5, "Grading, Erosion and Sediment Control Securities." F. A final planting Inspection shall be required for all sites requiring erosion and sediment control planting. For sites requiring a performance security, slope certification shall be approved prior to building permit final inspection. 27 I 6.4 I B. I G. Landscape/irrigation plan check fees, in accordance with the City's Fee Schedule, shall be paid prior to acceptance of the plans for review. Inspection fees shall be paid prior to final inspection and release of any performance security. NPDES REQUIREMENTS In accordance with Section 18.15.140, "NPDES Requirements" of the Grading Ordinance, the State Water Resources Control Board (SWRCB) has outlined waste discharge requirements associated with grading and construction activity, as follows: 1. A National Pollution Discharge Elimination System (NPDES) permit will be required for all construction sites that disturb an area of one (1) acre or more, or are part of a larger common plan of development or sale. Prior to issuance of a grading permit for sites meeting these criteria, each applicant shall provide an NPDES permit number to the city engineer. a. A complete NPDES permit application package for discharges associated with construction activity and general requirements may be obtained from the SWRCB web site at: www.swrcb.ca.gov/stormwtr/construction.htmi 2. The NPDES permit requires the following information to be filed with the SWRCB: 3. A Notice of Intent (NOI). The NOI application is in the construction permit package. The San Diego Regional Water Quality Control Board requires that the following documents be generated and maintained up to date at the construction site throughout the duration of the project: a. a. A storm water pollution prevention plan (SWPPP). The conditions are outlined in the construction permit package. b. A monitoring and reporting program. The requirements are outlined in the construction permit package. Any necessary dewatering methods shall conform to the regulations of the San Diego Regional Water Quality Control Board. 28 I 7.1 7.2 A. I B. C. D. E. 7.3 I SUBARTICLE 7. GRADING INSPECTION SITE INSPECTIONS A. Prior to the approval of any building or grading plans and specifications, the City Engineer or his or her representative may inspect the site to determine that the plans and specifications are current and reflect existing conditions. B. Prior to any grading, brushing or clearing, there shall be a Pre-Construction Meeting held at a location specified by the Public Works inspector. Prior to placement of curb and gutter or placement of pavement base material, there shall be a Pre-Paving Meeting held on the site. The permittee, or his agent, shall notify the City Public Works inspector at least five (5) working days prior to requesting a Pre-Construction or Pre-Pave meeting and shall be responsible for notifying all persons responsible for grading or paving related operations. C. The permittee shall notify the City Engineer bv 4:00 D.m. one working day ahead of the time that the work will be ready for inspection. Requests for final inspection shall be made in accordance with Subarticle 7.8, "Final Inspection." EXCAVATION AND FILL INSPECTION Excavation and fill inspections are required as follows: Canvon Cleanout: After all brush and unsuitable material has been removed and an acceptable base has been exposed, but before any fill is placed. Toe Bench and Kev: After the natural ground or bedrock is exposed and prepared to receive fill, but before fill is placed. Over-excavation: After the area has been excavated but before fill is placed. Excavation: After the fill has started, but before the vertical depth of the excavation exceeds ten feet (10'), and every ten-foot (10') interval thereafter. Fill: After the fill has started, but before the vertical height of the fill exceeds ten feet (10') and every ten-foot (10') interval thereafter. CONCRETE OR GUNITE DRAINAGE DEVICE INSPECTION Concrete or gunite drainage device inspections are required as follows: A. Allev outler and/or concrete swale: 1. Subgrade: After subgrade is prepared and required reinforcement placed; Concrete: During concrete placement; 2. B. Curb and Gutter (Private ProDertv): 1. Subgrade: After subgrade is made, forms in place (control string or wire for slip form), with required reinforcement; Concrete: During concrete placement; 2. 29 I I 7.5 I 7.4 C. Terrace Drains. Down Drains Brow Ditches and All Other Paved Drainaae Devices: 1. Subgrade: After grade is made but prior to placement of welded wire mesh or reinforcing steel; Reinforcement: After thickness control wire and reinforcing steel or welded wire are in place: 2. 3. Concrete: During concrete or gunite placement. OTHER DRAINAGE DEVICES Drainage devices other than concrete or gunite inspection are required as follows: A. Subdrains: 1. After excavation but prior to placement of filter material and pipe. The sub drainpipe and filter material shall be on-site for inspection. After filter material and subdrain has been placed but prior to covering with backfill; 2. B. Storm drains and Inlets: 1. All excavation of trenches and trench shoring shall be performed in compliance with the conditions of the most current Cal/OSHA Construction Safety Orders, Article 6; Section1541 and Section 1541.1, inclusive. 2. All storm drains and inlets shall be constructed with proper bedding in compliance with Section 306-1.2.1 of the most current Greenbook Standards. 3. After placement of storm drains but prior to covering with backfill, the engineer of record shall provide written certification indicating precise conformance to line and grade on any storm drain being placed flatter than two percent (2%) grade; 4. After placement of inlet forms but prior to placement of concrete, the engineer of record shall provide written certification indicating precise conformance to line and grade of all structures. C. Earth Swales: 1. Prior to rough grading approval, storage of combustible materials, or lumber drop, and also; 2. Prior to final grading approval. PAVING INSPECTION Paving inspection is required as follows: A. Subarade: Inspection is required after subgrade has been established, tested, and approved by the geotechnical engineer, or his qualified representative. The geotechnical engineer shall leave a field memo or compaction test results on site. The engineer of work shall provide written certification indicating precise conformance to line and grade; 30 I I I 7.7 7.8 B. Base: After base course has been placed, tested, and approved by the geotechnical engineer, or his qualified representative, but prior to soil sterilizer and asphalt placement, the geotechnical engineer shall leave a field memo on sne to provide compaction test results. Material delivery tickets shall be required. C. Utility Aaencv Clearance Reauired: After completion of the curb and gutter improvements and prior to paving certification, clearance letters from all affected utility companies shall be submitted ta the project inspector. D. AsDhalt Concrete: 1. During asphalt placement, to verify compliance with plans and specifications, continuous inspection shall be provided by an approved testing agency, retained by the owner or geotechnical engineer of record, or its qualified representative. Material delivery tickets shall be required. 2. Prior to application of seal coat, the paved surface shall be water tested to reveal any irregularities and shall be patched where required. Material delivery tickets shall be required after placement of seal coat. 7.6 ROUGH GRADE CERTIFICATION Rough grade inspection is required as follows: The permittee shall request a rough grade inspection upon completion of the rough grading. The engineer of record must submit written certification attesting to precise conformance to line and grade and proper excavation and preparation of all areas ready to receive concrete structures to be built under the grading permit. Under normal circumstances, all subdrains and slope drains shall be in place and approved as a condition for rough grading approval. The geotechnical engineer must submit a final geotechnical report certifying the grading along with successful compaction test results. These reports must be submitted to the Public Works Department along with all required development fees prior to rough grade approval and building permit issuance. SEDIMENT CONTROL FACILITIES Sediment control facilities inspection Is required as follows: A. After excavation of desilting basins but prior to fill placement, prefabricated devices are to be available on-site for inspection. B. After fill placement for desilting basins but prior to placement of concrete or other non- erosive materials. C. After installation of an erosion and sediment control system In accordance with an approved erosion and sediment control plan and the requirements of the City Engineer. FINAL INSPECTION The permittee or his agent may request a final inspection upon completion of all work, including installation of all drainage structures and other protective devices, and submittal of all agency approvals and required reports. An as-built plan may be required if, in the opinion of the City Engineer, the finished site differs significantly from the approved grading plan. 31 I I I 8.1 SUBARTICLE 8. COMPLETION OF WORK FINAL REPORTS A. Upon completion of the rough grading work and prior to issuance of a building permit, the City Engineer will require: 1. A written statement by the engineer of record certifying the grading as being in precise conformance with the approved grading plan and which specifically states the following Items were performed under his supervision, and are shown correctly on the record drawings: a. Staking of line and grade for all engineered drainage devices and retaining walls (rough grading). . b. Setting of all monuments in accordance with recorded tract map (rough or final grading). c. Staking of property comers for proper building and slope location, d. Location of permanent walls or structures on property comers or property lines where monumentation Is not required (final grading). Location and inclination of all manufactured slopes (rough and final grading). e. f. Construction of berms and positive building pad drainage (rough and final grading). 2. A final geotechnical engineering report prepared by the geotechnical engineer, including type of field testing performed, suitability of utility trench and retaining wall backfill, summaries of field and laboratory tests and other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the geotechnical engineering Investigation report. Each field density test shall be identified, located on a plan or map, the elevation of test and the test method of obtaining the in-place density described: either ASTM Standards or the approved equal shall be so noted. The geotechnical engineer shall provide written approval as to the adequacy of the site for the intended use, as affected by geotechnical engineering factors, and a statement of compliance to finish grade. Such report may consist of a series of reports at various stages of construction. 3. A geologic report prepared by the engineering geologist, including final description of the geology of the site including any new Information disclosed during the grading, and the effect of same on recommendations incorporated in the approved grading plan. The engineering geologist shall provide written approval as to the adequacy of the site for the intended use as affected by geologic factors, a statement of compliance to finish grade, and when required by the City Engineer, shall submit an as-graded geologic map. B. Upon the final completion of the work under the grading permit, but prior to the release of grading securities or Issuance of a certificate of occupancy, the City Engineer will require: 1. A record drawing, prepared on a compact disc and mylar, signed and dated by the engineer of record which shall include original and as-graded ground surface elevation, pad elevation, slope ratios, and elevations and locations of all surface 32 I I I and subsurface fills, subdrains, and general location and depth of all areas of removal of unsuitable soil; 2. Supplemental soils and geologic reports for all worK done subsequent to rough grade approval. 33 I 9.3 9.4 I 9.5 I SUBARTICLE 9. GRADING FEES AND SECURITIES 9.1 GRADING. EROSION AND SEDIMENT CONTROL PLAN CHECKING FEES All fees for grading, erosion and sediment control plan checking for each site shall be in conformance with the City's Fee Ordinance. Erosion and sediment control plans checked after a grading permit has been issued will be treated as a substantial revision for the purpose of determining plan check fees. 9.2 GRADING PERMIT AND INSPECTION FEES A. Grading permit and inspection fees for each site shall be paid in conformance with the City's Fee Ordinance. B. The fee for additional work under an existing grading permit, including erosion and sediment control, shall be computed as specified in the City's Fee Ordinance. No allowance for reduced earthwork volume or valuation shall be permitted. GRADING PERMIT RENEWAL FEES The fee for renewing an expired grading permit shall be as specified in Section 18.09.260, "Expiration and Renewal of Permits" of the Grading Ordinance. REINSPECTION FEES When any reinspection is required due to the negligence of the permittee, his agent or other responsible persons, or due to the failure of said persons to comply with previous correction instructions, a fee as established by resolution shall be charged by the City Engineer for each such reinspection. The fee shall be paid before any further inspections are made. This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Manual, but as to controlling the practice of calling for inspection before the job is ready for such inspection. GRADING. EROSION AND SEDIMENT CONTROL SECURITIES A. The amount of the grading, erosion and sediment control security shall be based on twenty percent (20%) of the cost of the project cut or fill volume, whichever is greater, plus a fee of two dollars ($2.00) per cubic yard for each cubic yard in excess of one thousand (1,000) cubic yards; fifty percent (50%) of the cost of the on-site, non-City maintained drainage improvements; and one hundred percent (100%) of the total estimated cost of the erosion and sediment control system. A minimum-security amount of two thousand dollars ($2,000) is required for each grading permit. 1. The amount of the security may also be increased by the City Engineer up to 100% of the cost of the total cut or fill volume, whichever Is greater, and 100% of the on-site drainage facilities if the potential hazards or nature of the project, in the opinion of the City Engineer justifies such an increased amount. 2. The City Engineer may require that up to twenty-five percent (25%) of the grading and erosion and sediment control security be submitted In cash, with a maximum amount of forty thousand dollars ($40,000) in a form immediately available to the City to satisfy the cost of correcting any deficiency, hazard or injury created by the work or in violation of the conditions of the permit or the 34 I I I Grading Ordinance. The minimum cash deposit shall be five hundred dollars ($500). 3. Cash DeDosits. Cash deposit(s), if required pursuant to paragraphs A(1) and A(2) above, do not release the obligation of the applicant or the surety to satisfy the cost of correcting the deficiency or hazard or injury created by the work. If the amount of the cash deposit is insufficient to satisfy the said costs of the work performed by the City, the City Engineer may invoice the applicant in accordance with Section 18.24.080, "Cost Recovery Fees" of the Grading Ordinance. If the applicant fails to pay such amount within five (5) days from the date of the invoice and restore the cash deposit to its original amount, the City Engineer may revoke the grading permit until such fees and deposits are paid. Any unused portion of the cash deposit(s) will be refunded to the applicant upon final completion of the work to the satisfaction of the City Engineer. 4. Im:r!L The term of each security shall begin upon the dated of permit issuance and shall remain in effect until the completion of the work to the satisfaction of the City Engineer. 5. Forms. Every security and agreement shall be made pursuant to the standard forms contained in Appendix B and approved as to form by the City Attomey. 6. Substitutions. Upon approval of the City Engineer, a substitute bond or letter of credit may be filed in lieu of any bond or letter of credit described in this section if n is suitable to ensure completion of the work remaining to be performed, 35 I APPENDIX A Grading Plan Submittal & Permit Application I I 36 >'7.';l'"""",,">G,'¡;¡-':,":--';-"\(> -8 PROJECT NO. PBltMIT NO. CITY OF TEMECULA ENGINEERING DEPARTMENT 43200 sua- Putt Dr.. T-aa, CA 9Z59O Pb: 909-694-6411 . Fa: 9O9-Ø4-M75 GRADING PLAN SUBMITTAL & PERMIT APPLICATION Date AppUed: **. INCOMPLETE APPUCATIONS WlU NOT BE ACCEPTED .** A.APPUCANTINJI'ORMATION 1. Appllcaat'. Name: M8iJID& Ad4re8: I TelepboDe No.: Fa No.: 2. OwJIer'. Name: Mallbii Ad4re8: TeIepboDe No.: FuNo.: 3. CMI ED¡Iaeer'. Name: MaIIIDa Addre8s: Telephone No.: Fa No.: NOTB: 1/ "u", tIum 0'" pmoll illnvol,ø41n 1M owlllnhlp olIM prøplrl¡ hÙlf tln,lopl4, (J llparøt, ¡NJg' must bl altiwW to thiI appUœtiøIl whkh llIlI tIN '"""', l1li4 ø44n"" 01 øll pmoM luzrinlI tUlløú"", In tIN owllflnhlp 01 tIN prøprrly. I B. PROJECl'INFORMATION 1. Project No. " TItle: Ø*' ".,.,.,.",., II8Ir, c.u.r. .". "... a..u.-, -J 2. ProJect Approval Date: ~otn6l:lDO3 L~~_A..,- I I I Co PROPERTY INFORMATION 1. "-r'. PuaI No.1 2. GeunI LoaIIoD (""'" U4nø, Ifc.): 3. GI'O8 Acnqe oIPnjed: 4. G.- Aereqe 01 lID propoled lor andJaI: (ÚIdIIIUIII SqIk S"'8 wIIII/Wtl ti ...-.""'-) - YES NO 5. Does andJaI pIaa 8110 laclude ftat work" ItructunIIIIIproYemeatI .-II . IIII'Idq IoU, Itor8 dnID III'UdureI, waUl, ptten, eIe. - YES NO If YES, pie.- ~: 6. WUlImproYemeatilDdude IUbsurfac:e septk: 11--1 - YES NO 7. SoUl TatIø& IIIna N-: M8IIIa¡ A~: TeIepIaoae No.: Fu No.: 8. WID IUbllllttlllDducle HudroJoø I HrdrauUc Stud,1 NO _YES _YES NO ,. WID IUbaIIU81IDduc1e CODcIIdøIII 01 AppnY811 SlGNA'IURB or APPLICANI'I DA 'I'BI AUl'llOlUTY FOil THIS UPUCA.T10N IS HBRBBY OIVBN: SIGNA 'IURB or PROPERTY OWNER(S): (Wrløm A8IAøtfI1 ,., .. ÁIItIdtItI) ....... n,."""", .",........-.....va.....--- I APPENDIX B Security Agreement and Bond Forms I I 37 I Recording Requested by City oneme.uls When Re.orded msn to: City onemecula OffIce of the City Clerk Post OffIce Box 9033 43200 Business Park Drive Teme.ula, CA 92589-9033 CITY OF TEMECULA GRADING, SEDIMENT AND EROSION CONTROL AGREEMENT DATE OF AGREEMENT: NAME OF APPLICANT: (Referred to as "APPLICANr) NAME OF DEVELOPMENT: I TRACT/PARCEL MAP NO (If applicable): GRADING SITE/LOCATION (or APN): GRADING PLAN NO: GRADING PERMIT NO: ESTIMATED TOTAL COST OF GRADING, DRAINAGE, SEDIMENT, AND EROSION CONTROL IMPROVEMENTS: $ COMPLETION DATE: TOTAL AMOUNT OF SECURITY: $ $ Total Amount Posted as Cash Deposit:: Amount of Security Posted Other than Cash: $ NAME OF SURETY AND BOND NO: I I THIS AGREEMENT is made and entered into by and between the City of Temecula, California, a Municipal Corporation, (hereinafter referred to as "CITY"), and the APPLICANT. I A. B. C. D. E. RECITALS APPLICANT has applied for a Grading Permit pursuant to the provisions of the Temecula Municipal Code (hereinafter referred to as "Code") to peñorm grading work including excavation, fill, installation drainage facilities, stockpiling, clearing and grubbing, landscaping, erosion control or any combination thereof and erosion and sediment control protection within the CITY, more specifically described in the application for a Grading Permit referred to above and incorporated by reference. The Grading Plans and Specifications for the work to be peñormed under the Grading Permit have been approved by the City Engineer. The Grading work shall be peñormed in accordance with the Code, all City standards, specifications and policies and the Grading Plans identified on Page 1 of this Agreement. Title 18; Article 9 of the Code requires the Applicant to post a bond or other acceptable form of security with the City to cover the cost of the grading and erosion control work prior to issuance of a Grading Permit. An estimate of the cost of the grading, erosion and sediment control work to be peñormed has been submitted by the APPLICANT and approved by the City Engineer. The estimated amount is stated on Page 1 of this agreement. The basis for the estimate is attached as Exhibit A to this agreement. NOW, THEREFORE, in consideration of the issuance of the Grading Permit by the CITY, the APPLICANT and the CITY agree as follows: I 1. APPLICANT'S Obliaation to Peñorm the Gradina Erosion and Sediment Control Work APPLICANT shall: a. Complete by the time established in Paragraph 16 of this Agreement and at the APPLICANT'S own expense, all grading, drainage, landscape, erosion and sediment control work required by the Grading Permit in accordance with the approved Grading Plans, Code and the CITY's standards, guidelines, and grading manual. b. Maintain any and all erosion and sediment control devices in a manner acceptable to the City Engineer. If the City Engineer determines that the erosion and sediment control measures or devices are not adequate or are not being maintained in an acceptable manner, or that a hazardous condition exists due to the work being done or from erosion, the APPLICANT shall take immediate action to correct hazardous conditions, install additional erosion and sediment control devices, or repair the existing erosion and sediment control system. Notification will be made by telephone to the 24-hour emergency number on the plans. If there is no answer, or the contact person fails to take necessary action within the time specified by the City Engineer, the City Engineer may cause corrective action to be taken and the costs of said corrective action shall be deducted from the cash deposit posted by the APPLICANT. 2 I I I c. Any funds withdrawn by the City Engineer from the cash deposit shall be replaced by the APPLICANT within five (5) days of notice from the City Engineer to do so. The City Engineer may order all work on the project stopped until such time as the cash deposit is restored to its original balance. This provision shall also apply to offsite desiltation basins, which, in the opinion of the City Engineer, are impacted by siltation originating from the APPLICANT'S development site. d. Make an inspection of the desiltation basin(s) and other erosion and sediment control devices after each runoff producing rainfall and repair or restore the basin or device when the accumulation of silt or sediment reduces the design performance below acceptable levels in the opinion of the City Engineer. 2. Securities. The APPLICANT agrees to maintain in place said bonds and securities in the amount shown for performance of the terms and conditions of this Agreement and any time extensions granted by the City Engineer. APPLICANT further agrees that if the opinion of the City Engineer, the amount of said bonds or securities becomes insufficient, APPLICANT agrees to renew each and every bond or security amount with good and sufficient sureties or increase the amount of said bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Not withstanding any other provision herein, if APPLICANT fails to take such action as is necessary to comply with said notice, he shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified the APPLICANT of the insufficiency of the sureties or the amount of the bonds, or both. 3. Release of Securities. The security required by this Agreement shall be released as follows: a. Security given to guarantee performance of the grading and erosion control work as authorized pursuant to the Grading Permit and this Agreement shall be released upon acceptance of the work by the City Engineer subject to the following provisions: (1) Upon written application for release by the APPLICANT, the City Engineer may release a portion of the security as grading is completed and accepted. The City Engineer shall not authorize the release of the grading and erosion control security to an amount, in his or her opinion, below that required to guarantee the completion of any work or any other obligation imposed by the Code, Grading Permit, conditions of approval for the development or this Agreement. (2) Allor any portion of the cash security deemed necessary by the City Engineer, shall be retained to guarantee maintenance and repair of desiltation basins and other erosion control devices. The remaining cash security shall be released, without interest, upon determination of the City Engineer that the grading site has been adequately and permanently safeguarded against erosion and all temporary desiltation basins and erosion control devices have been removed. (3) The CITY may retain from the security released an amount sufficient to cover costs, expenses and fee, including attomey's fees. 3 I I I 4. Acouisltion of Easements. The APPLICANT shall not commence any offsite grading until proof of all necessary easements and/or written legal permission or title is submitted to the City Engineer. Richt of Entrv. Insaection. and Aaaroval. APPLICANT shall at all times allow the CITY, or its authorized agents, to enter upon the grading site for the sale purpose of inspecting the site in accordance with the conditions and requirements of the grading permit and to accomplish any emergency or erosion control work. Upon completion of the work, the APPLICANT shall request a final inspection by the City Engineer. If the City Engineer determines that the work has been completed in accordance with this Agreement, he shall certify completion of the work. APPLICANT shall bear all costs of inspection and certification. 5. 6. Iniurv to Public or Private Proaertv and Imarovements or Public Utilities Facilities. APPLICANT shall replace or have replaced, or repair or have repaired, as the case may be, all public and private property and improvements or public utilities facilities which are damaged or destroyed as a result of any work under this Agreement. APPLICANT shall bear the entire cost of replacement or repair of said property, improvement s, or utilities damaged or destroyed by reason of any work done under this Agreement, whether such property or utilities are owned by the United States or any agency thereof, or the State of Califomia, or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 7. Permits. APPLICANT shall obtain all permns, approvals and licenses necessary for the grading activity; give all necessary notices and pay all fees and taxes required by law. 8. Notice to City Enoineer. APPLICANT, his agents and employees, shall give the notice to the City Engineer at least five (5) working days prior to beginning any work approved under said permit in order to schedule a pre-construction meeting with the City's Public Works Inspector. For all regular inspections, the APPLICANT shall notify the City Engineer by 4:00 p.m., one working day ahead of the time the work will be ready for inspection. 9. Default of the APPLICANT. In the event the APPLICANT fails to comply with the above terms and conditions, the Surety shall comply with any lawful order of the City Engineer requiring the work authorized and affected by the Permit to be completed and that the premises covered by the permit be made safe to life and property to the satisfaction of the City Engineer, and in such event such Surety fails to promptly do so, the Surety shall pay the CITY all costs and expenses Incurred by CITY in completing the work authorized by the permit making the premises safe to the satisfaction of the City Engineer. If the APPLICANT, or his agents or employees neglects, refuses or falls to peñorm the work to Insure its completion within the specified time, or If the APPLICANT violates, neglects, refuses or fails to peñorm satisfactorily any of the provision of the plans and specifications, APPLICANT shall be dedared In default of this Agreement and notice In writing of such default shall be served upon APPLICANT by the City Engineer. The City Engineer shall have the power to terminate all rights of the APPLICANT because of neglect or default. The determination by the City Engineer of the questions as to whether any of the terms of the Agreement or specifications have been peñormed satisfactorily shall be conclusive upon the APPLICANT, and any and all parties who may have any Interest In the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to any and all rights and remedies available to the CITY under law or in equity. 4 I I I In the event the CITY is required to complete all or part of the improvements as set forth above, the APPLICANT hereby grants to the CITY and to any agent or employee of the CITY, the irrevocable permission to enter upon the lands of the above referenced grading activity for the purpose of completing the improvements. This permission shall terminate in the event that the APPLICANT has completed the wor!< within the time specified or any extension thereof granted by the City Engineer. 10. AcDlicant not Aoent of CITY. Neither APPLICANT or any of the APPLICANT'S agents or contractors are or shall be considered to be agents of the CITY in connection with the performance of APPLICANT'S obligations under this Agreement. Iniurv to Wor!<. Until such time as the grading, erosion and sediment control improvements are approved by the City Engineer, APPLICANT shall be responsible for and bear the risk of loss to any of the grading, erosion and sediment control improvements. Until such time as all improvements required by this Agreement are fully completed and approved by the City Engineer, APPLICANT will be responsible for the care, maintenance of and any damage to such wor!<. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the wor!< specified in this Agreement prior to the completion and approval of the wor!<. All such risks shall be the responsibility of and are hereby assumed by APPLICANT. 11. 12. APPLICANT'S OBLIGATION TO WARN PUBLIC DURING GRADING AND EROSION CONTROL WORK. Until final approval of the grading and erosion control improvements, the APPLICANT shall give good and adequate waming to the public of each and every dangerous condition existent or adjacent to such grading wor!< and will take all reasonable action to protect the public from such dangerous conditions. 13. Indemnity/Hold Harmless. APPLICANT agrees that neither the City nor any officer, employee or agent thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by APPLICANT under or in connection with any wor!<s permitted under said Grading Permit. It is also understood and agreed that APPLICANT shall fully indemnify, defend and hold CITY harmless from any liability imposed for injury occurring by reason of anything done or omitted to be done by APPLICANT under or in connection with any wor!< permitted under said Grading Permit. Said indemnification and agreement to defend and hold harmless shall extend to injuries to persons and damages to or taking of property resulting from the design, construction or grading as provided herein, and in addition, to adjacent properties and improvements located thereon as a consequence of the diversion of waters from the design or construction of drainage systems, private streets, grading and other development improvements. For a period of one (1) year after the Issuance of the certificate of completion, the APPLICANT shall perform all maintenance and comply with all conditions required under said permit, the CODE, and all other applicable laws ordinances and regulations. In addition, the APPLICANT shall remain obligated to eliminate any defect in design or any dangerous condition caused by the design or grading but, if not In ownership of the property, shall not be responsible for routine maintenance. Provisions of this requirement shall remain in full force and effect for ten (10) years following acceptance of the grading wor!<. It is the intent of this section that APPLICANT shall be responsible for all liability for design and construction of the grading, erosion and sediment control wor!< done pursuant to this agreement and that CITY shall not be liable for any act or omission in approving, reviewing, checking, or correcting any plans or specification or in approving, reviewing or inspecting any wor!< or grading. 5 I I 19. I The grading, erosion and sediment control security shall not be required to cover the provisions of this paragraph. 14. Sale or DisDosition of ProDerlv. Sale or other disposition of the property will not relieve the APPLICANT from the obligations set forth in this Agreement. If APPLICANT sells the property to any other person, the APPLICANT may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the APPLICANT may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve APPLICANT of the obligations under Paragraph 13 for the work done by the APPLICANT. 15. 16. Time of the Essence. Time is of the essence of this Agreement. Time for ComDletion of WorkfTime Extensions. APPLICANT shall complete grading work required by this Agreement within six (6) months of this Agreement. It is further agreed by and between the parties hereto, including the surety of sureties on the bonds securing this Agreement that, in the event it is deemed necessary to extend the time of completion for the work contemplated to be done under this Agreement, extensions of time may be granted from time to time by the City Engineer either at his own option or upon request of the APPLICANT and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on said bonds. APPLICANT further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein. 17. Leaal ResDonsibilities. The APPLICANT shall keep informed of all local, State and Federal laws and regulations, which in any manner affect those employed by it, or in any way, affect the performance of its obligations pursuant to this Agreement and the Grading Permit. The APPLICANT shall at all times observe and comply with all such laws and regulations. The CITY, its officers and employees, shall not be liable at law or in equity occasioned by failure of the APPLICANT to comply with this section. No Vestina of Riahts. Performance by APPLICANT of this Agreement shall not e construed to vest APPLICANT'S rights with respect to any change in any zoning or building law or ordinance. 18. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this paragraph. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States mail. Notices shall be addressed as follows unless a written change of address is filed with the CITY: Notice to CITY: William G. Hughes Director of Public Works/City Engineer 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589.9033 Notice to APPLICANT: 6 I I 21. 22. 23. 24. Contact Name: Company Name: Address: Tel.ephone: Notice to SURETY: Contact Name: Company Name: Address: Telephone: 20. Severability. It is understood and agreed by the parties hereto that if any par, term or provision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term of provision held to be invalid. CaDtions. The captions of this agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. Litiaation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. Incorporation of Recitals. The Recitals to this agreement are hereby incorporated into the terms of this Agreement. Entire Aareement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modification, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties. In the case of the CITY, the appropriate part shall be the City Manager. IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Mayor. I 7 I APPLICANT* By: Name: Tiije: By: Name: Title: (Proper Notarization of APPLICANT'S signature is required and shall be attached) I *Two signatures are required for corporations unless corporate documents are provided that indicates otherwise. I CITY OF TEMECULA Mayor ATTEST: Susan W. Jones, CMC City Clerk RECOMMENDED FOR APPROVAL: William G. Hughes Director of Public Works/City Engineer APPROVED AS TO FORM: Peter M. Thorson, City Attorney 8 I CITY OF TEMECULA GRADING, EROSION AND SEDIMENT CONTROL SURETY BOND WHEREAS, the City of T emecula, State of California, and (hereinafter designated as "Principal") have entered into that certain agreement entitled "Grading, Sediment, and Erosion Control Agreement," dated 20- and identified as Grading Permit No.- ("Agreement"). The Agreement is hereby referred to and made hereof as though set forth in full. WHEREAS, Principal is required under the terms of the Agreement to (1) complete certain grading, erosion and sediment control work, and (2) furnish a bond to guarantee the faithful performance of the Agreement. NOW, THEREFORE, we the Principal I as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of ($ . \ lawful money of the United States, for the payment of such sum will and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to this or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As part of the obligation secured herby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, I and I including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension, alteration or addition to the terms of the Agreement or to the grading and erosion control work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does herby waive notice of any such change, extension, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety named, on, 20~ [SEAL] [SEAL] I SURETY: By: (Name) PRINCIPAL: . By: (Name) (Fitle) By: (Name) (Fitle) (Fitle) *Two Signatures are required for corporations unless documents are provided that indicate otherwise. APPROVED AS TO FORM: I Peter M. Thorson, City Attorney I [Letterhead of Issuing Bank] LETTER OF CREDIT NO. (Grading, Erosion and Sediment Control Faithful Performance Security) City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 ATTENTION: REFERENCE: William G. Hughes, Director of Public Works/City Engineer Irrevocable Letter of Credit No. We hereby establish our Irrevocable Letter of Credit number in the amount of DOLLARS ($ ) in favor of the City of Temecula, a municipal corporation of the State of California, hereinafter referred to as "City." This letter of credit is issued in pursuant to the requirements of that certain agreement entered into between City and ("Principal"), entitled "Grading, Sediment and Erosion Control Agreement," dated as of ("Agreement") covering certain grading, erosion and sediment control work to be done at: _by Principal and in accordance with said Agreement. I This Letter of Credit is available to City against City's draft(s) drawn at sight on us when accompanied by: City's written statement (signed by the City Engineer, City Manger, or City Attorney) certifying that there has been failure of the Principal to adhere to the provisions of the above agreement regarding the grading and erosion control work and further that amount of the draft accompanying this statement is now due and payable. Partial drawings are permitted. All drafts under this Letter of Credit shall be marked "Drawn under Irrevocable Letter of Credit Number- issued by (Bank and address) This Letter of Credit expires one (1) year from the date hereof and shall be deemed automatically extended without amendment for a one (1) year period upon such date and upon each anniversary of such date, unless at least sixty (60) days prior to such date or each anniversary of such date we notify the City Clerk, in writing, by registered mail, that we elect not to extend the Letter of Credit. I Upon receipt by City of such notice, City may automatically draw the full amount remaining on this Letter of Credit by clean draft, with no supporting documents, and Bank will pay City upon receipt of such draft. I LETTER OF CREDIT We expressly agree with City that all drafts drawn under and in compliance with the terms of this Letter of Credit shall be duly honored by us. This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits, 1993 Revision, ICC publication No. 500 to the extent it is not inconsistent with applicable laws of the State of Califomia. Financial Institution: PrinciDal: By: Signature By: Signature Title: Title: I (Note: Letter must be on Bank letterhead) CITY OF TEMECULA APPROVED: Genie Roberts, Director of Finance APPROVED AS TO FORM: Peter M. Thorson, City Attomey I I I I GRADING BOND RELEASE Please complete the folWwÚlg to ncme tht $995 Engineering Refundable Deposit Name or Person to Receive Check: Street Address: City: State: Zip Code: PboDe Number: SIGNATURE OF APPLlc.4.NT: (Pkao Prim Nomo) AflTllORlZATfON TO RECEIVE CHECK IS HEREBY GlVEN: SIGNATURE OF PROPERTY OWNER(S): _01116I'lOO3 (i'o'rirun Aut1writy May B. Al14chtt/) Il.~~-- I APPENDIX C Grading Plans/Subsurface Sewage Disposal Systems I I 38 I COUNTY OF RIVERSIDE OEP ARTMENT Of ENVIRONMENTAL HEAL 111 HEALTH SERViCES AGENCY 4080 LEMON STREET, 2ND FLOOR.P.O. BOX 1206 RIVERSIDE, CA 92502 OffiCE: (909) 955-8980 FAX: (909) 955-8903 www.rivcocb.or¡ TO: WHOM IT MAY CONCERN FROM: ø GREGOR DELLENBACH, interim Supervisor RE: GRADING PLANS/sUBsuRFACE SEWAGE DISPOSAL SYSTEMS The following information shall be addressed and öepicted by a Registered Civil Engineer (RCE), Geologist with soils percolation expertise on all proposed and final grading plans for subdivisions. parcel maps. commercilÙ and single fanûly dwelling plot plans where SUBSURFACE SEPTIC SEW AGE DISPOSAL IS INTENDED: 1. The proposed cuts and/or fills in the areas of the sewage disposal systems. 2. The primary sewage disposal system and its 100% expansion area. I 3. The elevation of the individual building pads in reference to th1: elevation of the sewage disposal system. 4. The original tile line to be inStalled ODd IÙI required expansion area shall be located in a,naturIIl undisturbed soil at the depth of the percolation tests performed. S. On grading pIons stamped by the Registered Civil Engineer (R.C.E.), who did not perform the soil feasibility. percolation report. the RCE will then be required to obtain a written statement and/or a signed stamp from the soils engineer of record on the grading plan as to the appropriateness of the grading plan in accordance with the soils percolation test on record. 6. Grading plans specíflc to the above shall be submitted to Department of Environmental Health for review and approval. GD:dr (909) 955-8980 I .....,..doo 1241-99 I APPENDIX D Review Under Earthquake Fault Zoning Act I I 39 '. ' . . . . . COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT AGENCY IfIt:lMN Co LtuIobrook A,-, DltØtR' Planning Department SIpt8mber 4, 2001 Temecula PlannIng Depar1ment GaIy ThomhII, Department CIty Manager P.O. Box 9033 Q2OO BUIIne88 Park Drive TemecuIa. CA 92589-9033 SUbject: Agreement to Provide Alquist.PrIoIo Earthquàke Fautt Report RevIew SarvIce8 Dear SIr or Madam: ,.. you may know. we have provided reviews of geologIc reports for projects within cities In \he past under an Infonnal agreement between the CIty and \he Planning Department. ReoentIy we have beoome aware of \he legal risk under this kind CIC Informal arrangement, therefore we are currantly Initiating a IonnaI agreement which cfèf\nes the County requirements for reviewing Alquist-Priolo Earthquake Fault Reports sent to us by the CIty prior to permit approval. . I The attached agreement will first need to be reviewed and approved by CIty Council, whereupon It will then be ient tor review arid approval by tha County Board of SupervlSOl'8. Attached you will find the agreement with the County requirements for reviewing Alqulst-PrIoIo Earthquake Fault Reports. We sincerely hope that by Initiating this process we can contInue to serve you In the most efficient and effective manner. P\ea8e reply to the attention of the undersigned when retumlng the signed agreement. Please do not hesitate to œlI me at (909) 955-3211 II you have any question concerning this matter. Sincerely. I WAH:aa/ t ,"', R\wfIIde OIIioe' «180 lAmon SIrecI, ,. Floor IDdio Oftice. 12o67S Hwy 111,2" J'Øx Murriela Rd. P.O. Þœ 14OP' Ri-.lde. Califcmia 92S02.I4OP Iloom 209. India, CaIIfomia 92201 MurriIIIa, CaIIfbmIa P2563 .... AU ..-- ~"".O" ..,.,., "",.1'7I0Il\ 1IIi'-71MO (909)600-6170' Pu (909) 600-6145 ~ . . I AGREEMENT FOR REVIEW UNDER EARTHQUAKE FAULT ZONING ACT This agreement is made and entered into this~day of, 11_-"." . 2001, between the County of Riverside (hereinafter COUNTY-). on behalf of its Transportation and Land Management Agency/planning Division (TLKA), and the City of Teaecul. (hereinafter -CITY-). RECITALS 1. CITY has a need for review of site-specific geologic reports prepared and submitted pursuant to the Alquist-Priolo Earthquake Fault Zoning Act (-Act-) regarding the incorporated areas of the CITY. I 2. TLMA has a State Registered Geologist who has the expertise. and knowledge to perform the services needed by the CITY. 3. COUNTY and CITY desire to specify the terms and conditions under which the services shall be provided. Section I TLKA agrees: 1. Upon request from CITY. to provide the review and approval by a State Registered Geologist prior to permit approval by the CITY as required by the Act. 2. To perform the services to the same extent and in the same I manner as it does similar review services for itself, in ~ I I I .' .. . . accordance with the following procedure: a. ai", " ,~i , The following items should be transmitted to TLMA: 1. Four (4) wet signed copies of the site specific, geologic/fault hazard report. 2. The assessor's parcel number(s) for the applicable lots. 3. 4. The CITY's case number.,and appropriate case maps. A check, payable to Riverside County planning Department for the current review fee charges by the County for Alquist-priolo report review. See County Ordinance 547 and 671. These fees are subject to a one and one half percent (1.5') Land Management System Pee Surcharge. This surcharge is. added to the total fees per the fee schedule- A copy of the current fee schedule is attached. b. Upon receipt of the report and fees, the report is. assigned a County Geologic Report Number. The report is reviewed and a site visit is made within 30 days of receipt of the transmittal package. COUNTY will work directly with the Registered Geologist who prepared the report, to obtain an acceptable report. c.opies of review letters with comments will be sent to the CiTY. c. Upon an acceptable report being obtained, a letter that includes the conclusions and recommendations of 2 AGREEMEN'l' POR REVIEW' tJNDIR EARTHQUA1Œ PAULT ZOHING ACT ',','", - -I.. ~ -- ..' .. . . I the consultant's report, appropriate conditions of approval for the project, and a statement indicating approval of the report is prepared. Copies of the final, approved report and the letter will be transmitted to CITY and the California Division of Mines and Geology, in compliance with the Act. 3. To retain, consistent with State law, all documents submitted and documentation thereafter generated by COUNTY relating to the services performed hereunder. Section II CITY agrees: 11. 2. To submit all necessary documentation for review to COUNTY. To collect and forward to COUNTY with the documentation. the appropriate fee evidencing the cost of review. 3. That CITY shall indemnify and hold COUNTY, its officers. agents and employees free and harmless from any liability whatsoever based or asserted upon any claims arising out of the performance of this Agreement. for property damage, bodily injury or death or any other element of damage of any kind or nature, relating to or in anyway connected with the services contemplated by this agreement to the same extent as CITY is required to indemnify and hold its officers, agents and employees free and harmless. CITY I shall defend, at its expense, including reasonable attorney' 3 AGREEMENT FOR REVIEW. UNDER EARTHQUAKE PAULT ZONINQ Ac:r .~:;~;f¡~{- I I I .' .. . . this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, 6. ahall be binding on any of the parties hereto. If any provision in thia Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 7. Any notice required or authorized under this Agreement shall be in writing. If notice is given' by united State mail, it shall be sent registered or certified mail, return receipt requested, addrèssed as follows: City of County of Riverside TLMA/Director of planning 4080 Lemon St., 9th Flr Riverside, CA 92501 8. 'This agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the provisions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in 5 AGREEMENT POR REVIEW UNDER EARTlQJAlŒ PAUt.T ZOHDIQ N:T ... .' , . I . connection therewith. This agreement may be changed or modified only.upon the written consent of the parties hereto. Date: County of Riverside ATTBST: Gerald A. Maloney Clerk of the Board By: By: Deputy (SBAL) Dated:~ IS/OJ I O:\Plle8\WP\A;reement Alquilt-priolo Act.doc 6 ,. ,. ...., . ,X ,,'?>'. .-- Chairperson. Board of Supervisors :. APPROVED AS TO FOR",: pe~eY AGREEMENT FOR REVIEW UNDER EARTHQUAKE FAULT ZONING ACT I APPENDIX E Standard Erosion and Sediment Control Notes I I 40 I I I CITY OF TEMECULA EROSION AND SEDIMENT CONTROL NOTES 1. Information on this plan is for erosion and sediment controls only. See the Grading Plan for additional requirements. A combination of erosion and sediment controls must be in place for all soil-disturbing activities by October 1 of each year and, at a minimum, maintained throughout the rainy season (October 1 - April 30). 2. Discharger Contact Information: of (Responsible Person) (Firm) at (24-Hour Phone Number) 3. The Discharger is responsible for the implementation and maintenance of all erosion and sediment control work, and shall insure that work is in accordance with this approved plan. If soil disturbance meets or exceeds one acre, a Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB) shall be provided to the City. In addition, all erosion and sediment controls outlined in the site's Stormwater Pollution Prevention Plan (SWPPP) shall also be implemented, or as directed by the city's NPDES inspector. 4. The Discharger shall be available with equipment and workers for emergency work at all times during the rainy season. Necessary materials shall be stockpiled at convenient locations on site to facilitate rapid construction and maintenance of temporary erosion and sediment controls. Temporary erosion and sediment controls shall consist of, but not be limited to, constructing facilities and taking measures necessary to prevent, reduce, control, and abate damage due to water, mud, and debris resulting from erosion and sediment transport/deposition to public and private property from construction activities of this project. 5. Clearing shall be limited to areas that will receive immediate grading. A combination of erosion and sediment controls shall be implemented in areas that have been cleared. These measures may include, but shall not be limited to: seeding, mulching, blankets, mats, desilting basins, graded berms, sand and/or gravel bags, fiber rolls, filter cloth, silt fences, check dams, chevrons, drainage inlet protection, etc. Care shall be exercised to preserve vegetation beyond the grading limits. 6. All erosion and sediment controls shall be implemented and maintained (i.e. inspected, restored, repaired, or modified) on a continual basis throughout the site during construction activities to protect downgrade perimeters, adjacent properties, environmentally sensitive areas, watercourses, curbs, gutters, streets, drainage inlets, and other private and public stormwater conveyance systems. 7. All removable erosion controls, such as blankets and mats, shown on this plan, and outiined in the SWPPP (if applicable), shall be in place at the end of each working day throughout the rainy season. Similar control devices shall be implemented during the dry season, as applicable, to mttigate dust from wind erosion. 8. During the non-rainy season, sediment controls, such as curb and gutter chevrons, drainage inlet protection, sediment tracking controls, etc., shall be implemented. In addition, any non- stormwater discharges associated with construction-related activities must be prevented from reaching streets, curbs, gutters, and all other stormwater conveyance systems. Routine street cleaning shall be performed by dry methods only (i.e. street sweeping). If street washing is required, appropriate Best Management Practices (BMPs) shall be installed to directly address the washwa!er, or as directed by the city's NPDES inspector. 9. All construction entrances shall be stabilized (i.e. gravel, shaker plates, etc.) year-round to prevent mud, sediment, and dust from being tracked out of the stte by vehicular traffic. 1012 Revised 0410712004\ I I I 17. 18. 19. 20. 10. All silt and debris shall be removed from check dams, silt fences, desilting basins, curbs, gutters, streets, brow ditches, terrace drains, and other private and public stormwater conveyance systems prior to and after each rainstorm. Drainage inlets shall be protected to prevent sediment and debris from entering downstream stormwater conveyance systems. 11. The Discharger shall conduct operations in such a manner that stormwater runoff will be contained on site through desilting basins, earth berms, etc., or filtered through a series of BMPs, such as sand/gravel bags, silt fence, fiber rolls, filter cloth, etc., to the stormdrain system. 12. The Discharger shall be responsible and shall take necessary precautions to prevent public trespass onto areas where impounded water, due to erosion and sediment control devices, creates a hazardous condition. Conformance with the requirements of this plan shall in no way relieve the Discharger from his responsibilities to this site and protecting adjacent properties. 13. Temporary or permanent desilting basins are to be constructed, if applicable, prior to grading operations and shall have a means for dewatering to prevent overfilling between storm events. 14. Stormwater runoff from graded areas shall not be carried over graded slopes. Temporary erosion and sediment controls are required on all manufactured slopes until 70% vegetative cover has been established or as determined by the city's NPDES inspector. Slopes must have erosion and sediment controls in place prior to October 1. Slopes constructed after October 1 st shall have erosion and sediment controls as the construction of slope progresses. All graded slopes 3' or more in height shall include, but not be limited to, seeding, mulching, soil stabilizers, soil binders, vegetation, or have erosion control blankets, such as straw, coconut, straw/coconut compostte, polypropylene mats, or other acceptable materials installed. Jute netting shall not be used as a stand-alone erosion control. In addition, sediment controls shall be placed at the toe of the slope and in increments of 10 feet measured vertically on the face of slope for grades of 3:1 and greater. 15. Paved streets, sidewalks, and other improvements shall be maintained free of loose soil, construction-related materials, debris, and waste at all times. Material storage and waste handling areas shall be established. Appropriate secondary containment shall be implemented for materials having a potential for spills or leaks. Concrete wash-out pits shall be constructed, if applicable, and shall be located away from streets and sidewalk right-of-ways. 16. Emergency accesses shall be maintained at all times (including access to neighboring properties). No obstruction or disturbance, other than filtering BMPs, shall occur to any existing public, or private, stormwater conveyance system during the rainy season, unless adequate temporary/permanent drainage facilities have been approved and installed to carry surface water to the nearest practical stormdrain or natural water course. Fill areas shall have erosion and sediment controls implemented while being brought up to grade to eliminate, reduce, and control erosion and the siltation of downstream facilities and adjacent areas during construction phases. These measures may include, but are not limited to, temporary downdrains, either in the form of pipes or paved ditches with protected outfall areas; earth berms at the top of slopes to address surface runoff; erosion control blankets; seeding or mulching; confined ponding areas to desilt runoff; temporary check dams and fiber rolls to filter runoff; sand/gravel bag protection around inlets; and appropriate grading to direct drainage away from the edge of the top of slopes shall be constructed and maintained on those fill areas where earthwork operations are not in progress. The Department of Public Works' approval of this plan does not relieve the Discharger from hislher responsibilities for the correction of errors and omissions discovered during construction. Upon request, the required plan revisions shall be promplly submitted to the Department of Public Works for approval. The Department of Public Works reserves the right to make changes or modifications to this plan as deemed necessary. 2of2 Revised 04107/2004\ I APPENDIX F Standard Grading Notes I I 41 I I I CITY OF TEMECULA PUBLIC WORKS DEPARTMENT GRADING NOTES For Mass, Rough, and Precise Grading Plans 1. All grading and related activities shall conform to the 1998 California Building Code, Appendix Chapter 33, as amended by Ordinance 99-23, and if applicable, to the State Water Resources Control Board NPDES General Permit for Construction Activities. 2. Building pad and drainage swale slopes shall be a minimum of 1%. Drainage swales shall be a minimum of 0.2' deep and be constructed a minimum of 2' away from the top of graded slopes. Finish grade shall slope away from all exterior walls at not less than y." per foot for a minimum of 3 feet. 3. Maximum cut and fill slopes shall be 2:1. 4. Provide, as applicable, concrete brow ditches designed to convey 100-year storm flows, or provide graded berms, along the top of all graded slopes over 3' in vertical height or that are adjacent to graded areas to direct surface runoff away from the top of slopes. 5. All grading shall be done under the supervision of a Registered Civil Engineer, Soil Engineer, or Engineering Geologist who shall certify that all fills have been properly placed and who shall submit a final compaction report for all fills over l' deep. 6. A Registered Civil Engineer shall submit to the City of Temecula's Public Works Department a written certification of completion of rough grading in accordance with the approved grading plan prior to issuance of the building permit. Certification shall be to line, grade, elevation and location of cut I fill slopes. 7. Final compaction report will be required for all fills greater than one foot. 8. All grading shall be done in conformance with recommendations of the preliminary soils investigation by dated. Two sets of the final compaction report shall be submitted to the Public Works Department which shall include foundation design recommendations and certification that grading has been done in conformance with the recommendations of the preliminary soils report. 9. The contractQr shall notify the Public Works Department at least 48 hours in advance requesting finish lot grade and drainage inspection. This inspection must be approved prior to building permit clearance for each lot. Public Works Department Phone: (909) 694-6411 10. Cut and fill slopes shall be protected with a combination of erosion and sediment controls to protect the slope from erosion and instability during the grading phase. 11. Post-grading activities shall include, but not be limited to, installing, where applicable, groundcover, trees, shrubs, or a combination thereof in accordance with City codes prior to the approval of final inspection. Slopes over 4' in vertical height shall have permanent irrigation systems with backflow prevention devices per the U.P.C. Revised 0410712004 I I I 12. Fill material shall not be placed on existing ground until the ground has been cleared of weeds, debris, topsoil, and other deleterious material. If steep sloping terrain occurs upon which fill is to be placed, the terrain must be cleared, keyed, and benched into firm natural soil for full support. A Registered Civil Engineer, Soil Engineer, or Engineering Geologist shall approve placement of fill. 13. Temporary drainage shall be provided until permanent drainage structures are installed. Protective measures shall be implemented to protect adjoining and downstream properties from silt deposition and ponding water during grading operations. 14. Dust shall be controlled by methods approved by the City Engineer. 15. Stability calculations with a factor-of-safety of at least one and five-tenths (1.5) shall be submitted to the Public Works Department by a Registered Civil Engineer, Soil Engineer, or Engineering Geologist for cut and fill slopes over 30' in vertical height. 16. A Registered Civil Engineer or Licensed Land Surveyor shall submit certification of building pad elevations. Where specific elevations are required, the elevation (with respect to mean sea level) shall be given. If an elevation with respect to adjacent ground surface is required, the actual distance above the adjacent ground shall be given. 17. EROSION AND SEDIMENT CONTROL: The permittee shall abide by all of the requirements outlined in the City of Temecula Erosion and Sediment Control standard notes throughout the duration of the project, including adherence to the State NPDES Permit for Construction Activities, if applicable. 18. Existing drainage courses shall continue to function during the rainy season. No obstruction of flood plains or natural water courses shall be permitted. 19. All property corners shall be clearly delineated in the field prior to commencement of any construction/grading. 20. The permittee must obtain an encroachment permit prior to any work within a public right-of-way. 21. Approval of these plans by the City or its agents does not relieve the applicant and his engineer from the responsibility for the correction of errors or omissions discovered during construction. Upon request, the appropriate plan revisions shall be promptly submitted to the City Engineer for review and approval. 22. The issuance of this permit by the City of Temecula does not imply or provide any clearances from state or federal agencies regulating the provisions of state or federal endangered species acts or water quality regulations. The ContractorlOwnerlDeveloper is responsible for obtaining the appropriate clearances from these agencies prior to any site disturbances or grading. Revised 0410712004 I APPENDIX G Agreement to Obtain Grading Permit for Lots on Dirt Roads Affecting Real Property I I 42 I I I RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: CITY OF TEMECULA Su,an W. Jo..., CMC City Clerk P.O. Box 9033 43200 Business Park Drive Temeeula, CA 92589-9033 MAIL TAX STATE MENTSTO: CITY OF TEMECULA 43200 Bu,I..., Park Drive P.O. Box 9033 Temeeul.. CA 92589-9033 EXEMPT FROM RECORDER'S FEES PURSUANT TO GOVERNMENT CODE SECTIONS 6103 AND 27383 Soaeo above tbls lI.e ror Recorder's Use Onlv AGREEMENT TO OBTAIN GRADING PERMIT FOR LOTS ON DIRT ROADS AFFECTING REAL PROPERTY TffiS AGREEMENT is made and entered into as of ,20-, between the CITY OF TEMECULA, a municipal corporation, hereinafter referred to as "City" and hereinafter referred to as "Owner." In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: Section 1. RECITALS. This Agreement is made and entered into with respect to the following facts, which are acknowledged as true and correct by the parties hereto: a. Developer is the owner of real property (the "Property") located at , Temecula, California, which is more particularly described on Exhibit A, Legal Description, attached hereto and incorporated herein as though set forth in full ("Property"). trom b. Owner is desirous of obtaining approval of a Grading Pennit the City to grade a at located c. The General Plan along with City Improvement Standard Drawings classify streets and provide for construction standards, respectively that affect those streets dedicated to the City in the general area of Property. d. The City has determined that habitable structures having access trom dirt roads present a clear threat to the public health and safety due to a lack of reliable and or timely access by emergency vehicles. In addition, California Fire Code section 903 requires" All Weather Access" be provided prior to construction of any structure. Allowing people to build individual dwelling units without making the road improvements as required of subdivision tracts continues to exacerbate this potentially life threatening problem. Once structures are built on these dirt roads, residents are typically hesitant to contribute to paved street improvements citing that they were allowed to build, but not understanding that it is not the City's responsibility to make the road improvements to enhance their property. REVISED, 1/112004 I I I e. Owner warrants and represents that it is the sole owner of the Property and that no other person or persons hold any legal or equitable interests in the Property, including deeds of trust or liens. Section 2. AGREEMENT TO ISSUE GRADING PERMIT. As a condition of issuing a grading permit the applicant agrees to sign an Agreement to Participate in Assessment District Affecting Real Property for the construction of and further agrees that a building permit will not be issued until such time that an all weather access road is constructed from the drive access serving the lot to an acceptable improved paved road. The design of the all weather access road shall be approved by the Director of Public Works/City Engineer and the Temecula Fire Prevention Bureau. The City Council may establish an assessment district, community facilities district, bridge and thoroughfare fee district, or a similar fair and appropriate financing mechanism that may include the construction of at some time in the future. The applicant agrees that the issuance of a grading permit does not obligate the City to construct the all weather access road or to establish an assessment district, community facilities district, bridge and thoroughfare fee district, or a similar fair and appropriate financing mechanism for the construction of Section 3. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the City and Owner. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to the Agreement shall be effective only if in writing and signed by all parties. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding. Section 4. TIMING. This Agreement shall be submitted prior to issuance ofa grading permit. The Owner agrees he shall submit this completed, signed, and notarized agreement prior to obtaining a grading permit. Section 4. WAIVER. Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof. Section 5. BINDING EFFECT. a. Of the covenants which have been established pursuant to this Agreement, the same shall be deemed to be covenants running with the land for the benefit of the City in carrying out its statutory responsibilities under California law and to enforce the provision of the Temecula General Plan. The covenants contained in this Agreement shall be binding for the benefit of the City and its successors and assigns, and such covenants shall run in favor of the City for the entire period during which such covenants shall be in force and effect, without regard to whether the City is or remains an owner of any land or interest therein to which such covenants relate. b. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. Section 6. ATTORNEY'S FEES. Iflitigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation .shall be entitled to an award of reasonable attorney's fees, in addition to any other relief to which it may be entitled. REVISED, 1/112004 2 I I I Section 7. NOTICES. Any notices or other correspondence between the parties shall be sent to the following unless either party gives the other notice of a change of address: CITY OF TEMECULA Shawn D. Nelson, City Manager P.O. Box 9033 43200 Business Park Drive Temecula, California 92589-9033 OWNER Notice shall be effective upon personal delivery, delivery by courier service or three business days following deposit in the United States Mail, postage prepaid, certified. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Shawn D. Nelson City Manager ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney OWNER By Title REVISED, 11112004 I I I ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , 20--, before me, , personally appeared [ ] [ ] personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrumentthe person(s), or the entity upon behalfofwhich theperson(s) acted, executed the instrument. Witness my hand and official seal. SIGNATURE OF NOTARY CAPACITY CLAIMED BY SIGNER [ ] [] INDMDUAL(S) OFFICER(S) (TITLE[S]): [ ] [ ] [] [ ] [] [] PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERV ATOR OTHER: Chairperson SIGNER IS REPRESENTING: Name ofperson(s) or entity(ies):