HomeMy WebLinkAbout08-09 CC Ordinance' ORDINANCE NO. 08-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING PORTIONS OF TITLE 18 OF
THE TEMECULA MUNICIPAL CODE FOR GRADING,
EROSION, AND SEDIMENT CONTROL TO PROVIDE
CONSISTENCY WITH THE ADOPTION OF THE 2007
EDITION OF THE CALIFORNIA BUILDING CODE
INCLUDING APPENDIX `J' AND TO MAKE OTHER
MINOR CLARIFICATIONS AND CORRECTIONS
THE CITY COUNCIL OF THE CITY OF TEMECULA, DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council of the City of Temecula hereby amends Section
18.01.040 of Chapter 18.01 of the Temecula Municipal Code to read as follows:
"18.01.040 Grading Manual
The city engineer shall formulate a manual setting forth the administrative procedures
and technical requirements necessary to implement the provisions of this Title. 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 Title and all revisions thereto arising from time to time.
In the event of any conflict between the Grading Manual and this Title, 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."
Section 2. The City Council of the City of Temecula hereby amends Section
18.01.060 of Chapter 18.01 of the Temecula Municipal Code to read as follows:
"18.01.060 Purpose
This Title is enacted for the purpose of regulating grading activity on property
within the city limits of the City to safeguard life, limb, health, property and 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."
ii
R:/Ords 2008/Ords OB-09 1
Section 3. The City Council of the City of Temecula hereby amends Section
18.01.080 of Chapter 18.01 of the Temecula Municipal Code to read as follows:
"18.01.080 Scope
This Title 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 Title establishes procedures for issuance,
administration and enforcement of permits for such activities. Any such grading
activities within the city limits of the City shall conform to the provisions of this
Title and the Grading Manual and other applicable provisions of this 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 Title or the Grading
Manual, the applicable provisions of this Code or the California Building Code, as
adopted and amended by the City, shall govern. If a conflict arises between this
Code or the California Building Code, the more restrictive provision shall govern,
unless otherwise approved by the city engineer."
Section 4. The City Council of the City of Temecula hereby amends the
heading of Chapter 18.03 of the Temecula Municipal Code to read as follows:
"ARTICLE 2. Permits"
Section 5. The City Council of the City of Temecula hereby amends Section
18.03.040 of Chapter 18.03 of the Temecula Municipal Code to read as follows:
"18.03.040 Permit Exemptions
A. An excavation below the existing finished grade for re-compaction 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. Regardless of
exemption, the Public Works Department shall be noted of activity.
B. Cemetery graves;
C. 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;
R:/Ords 2008/Ords 08-09 2
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;
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, and/or 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 (C), "Administrative Clearing Permit" of this Title. 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) 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 Title.
I. A fill less than one foot (1') in vertical depth, placed on natural terrain with a
slope flatter than five horizontal to one 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 any 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 Title.
J. The construction or maintenance of roads or facilities for the generation,
storage or transmissions of water including floodwaters or electrical energy by
public agencies or their agents. Work may be subject to Water Quality
Management Plan (WQMP) requirements. A WQMP project includes the
construction or reconstruction of 5,000 square feet of impervious surface 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.
' 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
R:lOrds 20081Ords 08.09 3
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 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.
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 (C) of this Title, shall be
required for any purpose that is not specifically addressed by the
construction permit.
N. 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.
O. Minor maintenance and alterations to natural drainage areas that do not:
' 1. Obstruct or redirect drainage from adjacent properties, nor
2. Divert the outflow of drainage from the existing or natural discharge point
of the property, nor
3. Concentrate or accelerate the flow of drainage as it leaves the property, nor
4. Create ponding, siltation or erosion in or of the streambed, nor
5. Disturb wetlands
Note: The above listed exemptions do not apply to clearing, grubbing,
brushing, disking or grading when:
1. 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
2. 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
Work will occur in any floodway or floodplain as shown on the Federal
Emergency Management Agency (FEMA) Flood Plain Maps, or on City
revised maps except as provided in subsection "P", below."
R:/Ords 2008/Ords 08-09
Section 6. The City Council of the City of Temecula hereby amends Section
' 18.06.040 of Chapter 18.06 of the Temecula Municipal Code to read as follows:
"18.06.040 Plans and Specifications
A. Each application for a grading permit shall be accompanied by plans and
specifications, soils engineering and geotechnical reports,
hydrology/hydraulic reports, erosion and sediment control plans, proof of
coverage under the State General Permit for construction activities and all
other information required by the city engineer as in the Grading Manual,
and payment of the appropriate fees. In addition, a conceptual Water
Quality Management Plan (WQMP) must be accepted by the city engineer
prior to issuance of final conditions of approval. A final WQMP must be
accepted by the city engineer prior to issuance of a grading permit.
B. Plans and specifications for grading projects requiring permits as defined in
Section 18.03.020, "Permits Required" of this Title 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 the
Grading Manual."
Section 7. The City Council of the City of Temecula hereby amends Section
18.06.060 of Chapter 18.06 of the Temecula Municipal Code to read as follows:
"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 Title and the
Grading Manual.
B. Suoalemental Reports/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 soil-testing
laboratory, with written analysis and recommendation, to be utilized during
any required re-vegetation.
C. Waiver of Geotechnical Reoort Reouirements. 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
R:/Ords 2008/Ords 08-09 5
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, shall be filed with
the State Geologist within 30 days of the waiver, in accordance with Public
Resources Code Section 2697(a)."
Section 8. The City Council of the City of Temecula hereby amends Section
18.08.080 of Chapter 18.08 of the Temecula Municipal Code to read as follows:
"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 development with occupancy category II, III, IV structures as
shown in table 1604A.5 of 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 as specified in the Grading Manual."
Section 9. The City Council of the City of Temecula hereby amends Section
18.06.100 of Chapter 18.06 of the Temecula Municipal Code to read as follows:
' "18.06.100 Dust Control and Prevention Plan
Dust control and prevention 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
(SCAQMD) Rule 403 (Fugitive Dust Emissions) and the Grading Manual."
Section 10. The City Council of the City of Temecula hereby amends Section
18.06.120 of Chapter 18.08 of the Temecula Municipal Code to read as follows:
"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 plan shall be approved by the city
engineer in accordance with the Grading Manual. Deviation from the designated
haul route shall constitute a violation of the conditions of the permit issued under
this Title. Vehicular track-out shall be controlled, as directed by the city engineer,
to prevent sediment deposition outside of the project site boundaries."
R:/Ords 2008/Ords 08-09 6
Section 11. The City Council of the City of Temecula hereby amends Section
' 18.06.140 of Chapter 18.06 of the Temecula Municipal Code to read as follows:
"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 discharges of all
disturbed portions of the property and to minimize the transport of soil onto
adjacent properties or into storm water conveyance systems in accordance with
the provisions of Chapter 18.15 of this Title and the Grading Manual."
Section 12. The City Council of the City of Temecula hereby amends Section
18.06.160 of Chapter 18.06 of the Temecula Municipal Code to read as follows:
"18.06.160 Expiration and Renewal of Grading Application Submittals
A. Applications for which no permit is issued within 180 days (6 months)
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 (6 months) 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 submittal package and pay the most current plan check fee.
D. Plan check fees shall be forfeited for all expired permits."
Section 13. The City Council of the City of Temecula hereby amends Section
18.09.040 of Chapter 18.09 of the Temecula Municipal Code to read as follows:
"18.09.040 Responsibility of Permittee
It shall be the responsibility of the permittee to be knowledgeable of the
conditions and/or restrictions placed on the permit as outlined in the applicable
sections of this Title, 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 Grading Manual."
Section 14. The City Council of the City of Temecula hereby amends the
heading of Section 18.09.100 of Chapter 18.09 of the Temecula Municipal Code to
read as follows:
' "18.09.100 Tentative Subdivision or Conditional Use Permit Required"
R:/Ords 2008/Ords 08-09 7
Section 15. The City Council of the City of Temecula hereby amends Section
' 18.09.120 of Chapter 18.09 of the Temecula Municipal Code to read as follows:
"18.09.120 Types of Permits
A. Mass, Rough or Precise Grading. The city engineer may issue a mass,
rough or precise grading permit for grading work upon completion of an
application in accordance with 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 or plan upon completion and approval of the rough grade
inspection as specified in the Grading Manual.
2. Building permits shall not be issued for a site graded under a rough
grading permit unless a precise grading permit or plan has been issued.
B. Stockailing. Upon approval by the Planning Commission, 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 mass, rough or precise grading
permit within six (6) months of issuance of a stockpile permit, unless modified
by the Planning Commission, in accordance with the Grading Manual.
C. Administrative Clearino. No person shall commence any clearing and
grubbing operation without first obtaining a grading or administrative
clearing permit in accordance with the Grading Manual.
D. Borrow Sites. A grading and/or 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.
E. Paving• No person shall construct concrete or bituminous pavement
surtacing 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 (this excludes Single
Family Residence). Maintenance and repaving of existing paved sections
shall be exempt from this requirement.
F. Watercourse Alteration. No person shall alter an existing watercourse,
channel, or revetment by excavating, or placing fill, rock protection or
structural improvements therein without an applicable state agency approval
and 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 in an emergency to prevent flooding, or (iii) a separate
R:/Ords 2008/Ords OS-09 8
improvement plan for such alteration is approved by applicable state
' agencies and the city engineer.
G. Rock Blasting. No rock blasting shall be permitted until apre-blast 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 the Grading Manual."
Section 16. The City Council of the City of Temecula hereby amends Section
18.09.140 of Chapter 18.09 of the Temecula Municipal Code to read as follows:
"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 property 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) no 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.
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
no 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, any trench greater than five feet (5') deep, obtaining CAL OSHA permits.
D. No grading shall be approved which, in the opinion of the city engineer,
physically prevents the use of existing legal access to any parcel."
Section 17. The City Council of the City of Temecula hereby amends
Subsection B of Section 18.09.160 of Chapter 18.09 of the Temecula Municipal Code
to read as follows:
"B. Before starting any excavation work, the permittee shall be responsible to
' contact Underground Service Alert of Southern Cal'rfomia and coordinate the
proposed excavation with all interested utility companies, districts and agencies."
R:/Ords 20081Ords 08-09 9
Section 18. The City Council of the City of Temecula hereby amends Section
' 18.09.180 of Chapter 18.09 of the Temecula Municipal Code to read as follows:
"18.09.180 Maintenance of Protective Devices
The owner or agent in control of such property on which a grading activity has
occurred pursuant to a permit granted under the provisions of this division, shall
maintain in good condition and repair all structures, planting and other protective
devices as per the approved plans or required by the permit. Any facilities
dedicated for public use and accepted by a public agency are exempt."
Section 19. The City Council of the City of Temecula hereby amends
Subsection A of Section 18.09.200 of Chapter 18.09 of the Temecula Municipal Code
to read as follows:
"A. Time of any grading, clearing and equipment operations pursuant to this
Title 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 any nationally
recognized holiday. 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 findings of a previously unforeseen effect
on the health, safety or welfare of the surrounding community."
Section 20. The City Council of the City of Temecula hereby amends Section
18.09.220 of Chapter 18.09 of the Temecula Municipal Code to read as follows:
"18.09.220 Debris on Public and Private Streets
This Title 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 and/or 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" of
this Title for this purpose without notice to the owner. An additional cash deposit
may be required prior to resumption of grading activities to insure the cleanup of
public streets."
R:rords soaaroms oa-as ~ o
' Section 21. The City Council of the City of Temecula hereby amends Section
18.09.240 of Chapter 18.09 of the Temecula Municipal Code to read as follows:
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 the Temecula Municipal Code, Title 8,
Chapter 8.20, "Waste Management," and the Grading Manual."
Section 22. The City Council of the City of Temecula hereby amends Section
18.09.260 of Chapter 18.09 of the Temecula Municipal Code to read as follows:
"18.09.260 Expiration and Renewal of Issued 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. Change 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 the 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.
b. 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, such as additional earthwork and necessary
plan checking, shall be charged to the permit applicant.
c. New securities and/or deposits shall be submitted by the new owner
in accordance with Section 18.24.100, "Grading, Erosion and
Sediment Control Securities' of this Title.
2. Permit Extensions. The city engineer may extend the time limit on permits
by one (1) or more successive periods of up to 180 days (6 months) upon
written request by the applicant showing to the satisfaction of the city
engineer 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.
R:/Ords 2008/Ords 08-09 11
C. As a condition of the extension of any time period, the city engineer may
require the payment of additional permit, plan checking, inspection, and/or
soils review fees required to cover the administration of the extensions
and/or increased costs to the City and to bring the project into conformance
with any fee schedule in effect at the time of extension."
Section 23. The City Council of the City of Temecula hereby amends
Subsection C of Section 18.09.280 of Chapter 18.09 of the Temecula Municipal Code
to read as follows:
"C. Other. The city engineer shall deny the issuance of a permit if any of the
following apply:
1. If prohibited by a duly elected moratorium, court order, injunction, or
other legal order;
2. If the applicant or owner has failed to comply with the provisions of this
Title; or
3. If the work proposed is not consistent with the City's General Plan, or
any element thereof, or any specific plan, conditional use permit, land
use ordinance or regulation, zoning ordinance regulation or permit, or
approved subdivision map. (Ord. 04-04 § 4 (part))"
' Section 24. The City Council of the City of Temecula hereby amends Section
18.12.020 of Chapter 18.12 of the Temecula Municipal Code to read as follows:
"18.12.020 Cuts
Unless otherwise recommended by the Geotechnical Engineer or the
engineering geology reports, or both, and approved by the city engineer, cuts
slopes shall be no steeper than two horizontal to one vertical (2:1). All cuts and
excavations shall conform to the provisions of this Title and the Grading Manual.
Exception: 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.
A. A cut surtace may be at a slope of 1.5 horizontal to 1 vertical (67%)
provided that all the following are met:
1. It is not intended to support structures or sur-charges;
2. It is adequately protected against erosion;
3. It is no more than eight feet (8') in height;
4. It is approved by the city engineer;
B. A cut surface in bedrock shall be permitted to be at a slope of one horizontal
' to one vertical (100%)."
R:/Ords 2008/Ords OS-09 12
Section 25. The City Council of the City of Temecula hereby amends Section
' 18.12.040 of Chapter 18.12 of the Temecula Municipal Code to read as follows:
"18.12.040 Fills
Unless otherwise recommended by the Geotechnical Engineer or the
engineering geology reports, or both, and approved by the city engineer, fills
shall be in accordance with the Grading Manual.
Exceation: 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."
Section 26. The City Council of the City of Temecula hereby amends Section
18.12.060 of Chapter 18.12 of the Temecula Municipal Code to read as follows:
"18.12.060 Setbacks
All setbacks and other restrictions specified in the Grading Manual, pursuant to
the recommendation of a civil or geotechnical engineer, and approved by the city
engineer, are 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."
Section 27. The City Council of the City of Temecula hereby amends Section
18.12.080 of Chapter 18.12 of the Temecula Municipal Code to read as follows:
"18.12.080 Terraces and Terrace Drains
Drainage facilities and terraces shall be in accordance with the Grading Manual
unless otherwise approved by the city engineer."
Section 28. The City Council of the City of Temecula hereby amends
Subsection A of Section 18.12.100 of Chapter 18.12 of the Temecula Municipal Code
to read as follows:
"A. Cut and fill slopes shall be provided with subsurface drainage as necessary
for stability and as recommended by the Geotechnical Engineer and/or
Engineering Geologist."
Section 29. The City Council of the City of Temecula hereby amends Section
18.12.120 of Chapter 18.12 of the Temecula Municipal Code to read as follows:
"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 horizontal to one vertical (5:1). Such runoff shall
be in accordance with the Grading Manual."
R:/Ords 20081Ords 08-09 13
' Section 30. The City Council of the City of Temecula hereby amends Section
18.12.140 of Chapter 18.12 of the Temecula Municipal Code to read as follows:
"18.12.140 Asphalt Concrete Pavement
Asphalt concrete pavement for surfacing of parking lots, private streets,
driveways or other similar uses shall be in accordance with the Grading Manual
unless otherwise approved by the city engineer."
Section 31. The City Council of the City of Temecula hereby amends Section
18.15.020 of Chapter 18.15 of the Temecula Municipal Code to read as follows:
"18.15.020 Construction Runoff Compliance
A. All individual construction and grading projects shall implement measures to
ensure that pollutants are not discharged 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 in the local natural watercourses.
All construction and grading activities will be in compliance with applicable
ordinances, permits and other federal, state and local requirements.
B. The permittee shall adhere to the following requirements:
1. Develop and implement an erosion and sediment control plan to manage
' storm water and non-storm water discharges from the site at all times in
accordance with the Grading Manual. Projects disturbing, exposing or
stockpiling one (1) acre or more of soil are also required to have
coverage under the State General Construction Permit and generate a
Storm Water Pollution Prevention Plan (SWPPP) per the State General
Construction Permit;
2. Conduct phased grading operations and minimize grading activities
during the rainy season. Coincide grading with dry weather periods to
the extent feasible. Implement additional "Best Management Practices"
(BMP's) for all rain events;
3. Install a combination of erosion and sediment control measures to
effectively prevent erosion and retain sediment on-site throughout the
duration of all construction activities.
4. Minimize exposure time of disturbed soil areas;
5. Temporarily stabilize and re-seed disturbed soil areas as rapidly as possible;
6. Permanently re-vegetate or landscape as early as feasible;
7. Stabilize all slopes;
8. The permittee shall abide by all of the provisions set forth in the State
Water Resource Control Board (SWRCB) NPDES General Permit for
construction activity. The City must be provided with a Waste Discharge
Identification (WDID) number issued by the SWRCB prior to an issuance
of a grading permit.
R:/Ords 2008/Ords 08-09 14
9. Implement the applicable requirements of the City's Standard Erosion
' and Sediment Control Notes, as identified in the Grading Manual.
Note: The above requirements are applicable to all construction sites regardless of
whether the construction site is subject to the State General Construction Permit or
other individual National Pollutant Discharge Elimination System (NPDES) permit."
Section 32. The City Council of the City of Temecula hereby amends Section
18.15.040 of Chapter 18.15 of the Temecula Municipal Code to read as follows:
"18.15.040 Erosion and Sediment Control Plans Required
A. No grading activity 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, private and public storm water conveyance systems,
environmentally sensitive areas and adjacent properties in accordance with
the provisions of this Chapter and the Grading Manual.
C. All erosion and sediment control BMP's outlined on the erosion and
sediment control plan will be shown on the SWPPP, if applicable, and
' implemented prior to October 1St of each year."
Section 33. The City Council of the City of Temecula hereby amends Section
18.15.060 of Chapter 18.15 of the Temecula Municipal Code to read as follows:
"18.15.060 Erosion and Sediment Control Systems
A. The permittee shall be responsible for the control of erosion and sediment
discharge on and from all disturbed areas of grading until issuance of certificate
of occupancy at which time the BMP's of the WOMP shall be in place.
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 Title.
C. All protective devices shown on the erosion and sediment control plan and
in the SWPPP, if applicable, shall be in place within seven (7) days prior to
' any forecasted rain. If the permittee does not install or maintain erosion and
sediment controls, the city engineer may order City crews to do the work or
R:/Ords 20081Ords 08-09 15
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 Title is restored by the permittee.
D. "Best Management Practices" (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 in-channel work.
4. Additional erosion and sediment control materials shall be stockpiled at
various locations throughout the site for immediate implementation within
seven (7) days of a forecasted rain. The developer/contractor shall make
available equipment and workers for emergency work to protect the site.
E. Cut and fill slopes shall be protected to control against erosion and
sediment discharge.
F. Permittee shall implement BMP's year round. Additional site specific BMP's
shall also be implemented, as necessary, to comply with this Title 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 Water Act (CWA) section 303(d) water bodies impaired for
sediment. Each Permittee shall implement additional controls for
construction sites within, adjacent, or discharging directly to receiving
waters within environmentally sensitive areas.
H. Permittee shall conduct construction site inspection for compliance with this
Title and all applicable permits."
Section 34. The City Council of the City of Temecula hereby amends Section
18.15.080 of Chapter 18.15 of the Temecula Municipal Code to read as follows:
"18.15.080 Temporary Site Vegetation
Temporary site vegetation shall be required, as determined by the city engineer,
on any disturbed soil areas of the site for prolonged periods of grading inactivity or
' expiration of a grading permit in accordance with Section 18.09.260, "Expiration
and Renewal of Permits" of this Title. Temporary vegetation shall not negate any
City requirement or condition of approval to install permanent landscaping."
R:/Ords 2008/Ords OB-09 16
' Section 35. The City Council of the City of Temecula hereby amends Section
18.15.100 of Chapter 18.15 of the Temecula Municipal Code to read as follows:
"18.15.100 Erosion and Sediment Control Maintenance
A. Prior to and after each rainstorm, all on-site and off-site flow-lines, storm water
conveyance systems, check dams, chevrons, silt fences and desilting basins
shall be free of sediment, construction materials, waste, miscellaneous debris
and deteriorated erosion and sediment controls at all times.
B. Prior to and after each rainstorm, the erosion and sediment control system
shall be evaluated and revised and repaired as necessary.
C. 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.
Signage indicating "ponded water - do not enter" shall be posted.
D. The permittee shall be responsible for continual maintenance of the devices
during all construction activities.
E. 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.
F. If any grading or clearing subject to Section 18.03.020 "Permits Required" of
this Title has commenced on private property without a valid grading permit,
the property owner will be required to stop work, prepare and implement an
erosion and sediment control plan which has been approved by the City and
obtain a valid grading permit."
Section 36. The City Council of the City of Temecula hereby amends Section
18.15.140 of Chapter 18.15 of the Temecula Municipal Code to read as follows:
18.15.140 Additional NPDES Requirements
A. General Requirements. All grading activities subject to the regulations of
this Title shall be designed and conducted to minimize runoff of all
pollutants onto public or private properties and into waters of the United
States as required by this section and City Municipal Code, Title 8, Chapter
8.28, Storm Water/Urban Runoff Management and Discharge Control."
B. Responsibility. It shall be the permittee's responsibility to obtain coverage
under the SWRCB General Construction Permit, submit a 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), United States Environmental Protection Agency (USEPA), or the
R:/Ords 2008/Ords 08-09 17
' city engineer. The permittee shall update all plans as construction activities
are modified from their original schedule and/or progress as originally
planned. The permittee shall also maintain all erosion and sediment control
measures at 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
and/or City of Temecula inspectors. NPDES requirements will remain in
effect until Notice of Termination (NOT) requirements are fulfilled."
Section 37. The City Council of the City of Temecula hereby amends Section
18.18.040 of Chapter 18.18 of the Temecula Municipal Code to read as follows:
"18.18.040 Grading Requirements
A. Civil Engineer. 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
revisions to be approved by the city engineer prior to implementing the
change in the field.
3. Prior to issuance of building permits for any given lot or lots, the civil
engineer shall be responsible for submitting a pad certification letter
stating line and grade as evidence that the grading activity 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 Engineer. The geotechnical engineer's area of responsibility
shall include, but not be limited to, performing the preliminary geotechnical
engineering investigation and report, determining the suitability of soils
during grading, providing compaction inspection and testing, and preparing
the final geotechnical engineering report.
C. Engineering Geologist. The engineering geologist's area of responsibility
shall include, but not limited to, professional inspection and approval of the
stability of cut slopes with respect to geological matters, and the need for
sub-drains or other groundwater drainage devices. He shall report his
findings to the Geotechnical Engineer for engineering analysis.
D. Landscape Architect. The landscape architect shall incorporate applicable
' recommendations from the geotechnical engineering reports into the landscape
R:/Ords 2008/Ords 08-09 18
and irrigation plans. The landscape architect shall also prepare plan revisions to
' be approved by the city engineer prior to implementing the change in the field.
1. All ground cover shall provide one-hundred percent (100%) coverage
within nine (g) months of planting, or additional landscaping shall be
required in order to meet this standard."
Section 38. The City Council of the City of Temecula hereby amends Section
18.18.060 of Chapter 18.18 of the Temecula Municipal Code to read as follows:
"18.18.060 Transfer of Responsibility
If the civil 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:
A. The permittee submits a letter of notification verifying the change of the
responsible professional; and
B. The new responsible professional submits in writing that he has reviewed all
prior reports and/or 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.
Exception: Where clearly indicated that the firm, not the individual engineer
and/or geologist, is the contracting party, the designated engineer or geologist
may be reassigned and another engineer and/or geologist within the firm may
assume responsibility."
Section 39. The City Council of the City of Temecula hereby amends Section
18.18.100 of Chapter 18.18 of the Temecula Municipal Code to read as follows:
"18.18.100 Speciallnspections
The city engineer may establish special inspection requirements in accordance
with Chapter 17, Section 1704, "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."
Section 40. The City Council of the City of Temecula hereby amends
Subsection A of Section 18.18.120 of Chapter 18.18 of the Temecula Municipal Code
to read as follows:
' "A. The provisions of Appendix Chapter 1, Administration, Section 114, "Stop
Orders", of the California Building Code shall apply to all grading work.
Whenever the city engineer or his or her representative determines that any
R:ioras zooa~om5 oa-os i s
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."
Section 41. The City Council of the City of Temecula hereby amends Section
18.21.020 of Chapter 18.21 of the Temecula Municipal Code to read as follows:
"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 the Grading Manual."
Section 42. The City Council of the City of Temecula hereby amends Section
18.21.040 of Chapter 18.21 of the Temecula Municipal Code to read as follows:
"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, 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 planting has been established.
The establishment of such erosion and sediment control plantings shall be
certified by a licensed Landscape Architect and approved by the city engineer."
Section 43. The City Council of the City of Temecula hereby amends Section
18.24.020 of Chapter 18.24 of the Temecula Municipal Code to read as follows:
"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 all plan-checking fees. Separate permits and fees
shall apply to retaining walls or major drainage structures. All applicants
submitting plans as required by this Title shall pay all plan check fees and/or
deposits as required by this Title and by City Council resolution establishing
applicable fees and deposits."
J
R:/Ords 2008/Ords 08-09 20
Section 44. The City Council of the City of Temecula hereby amends
Subsection A of Section 18.24.040 of Chapter 18.24 of the Temecula Municipal Code
to read as follows:
"A. All applicants requesting a mass, rough, precise, stockpile or administrative
clearing permit as required by this Title shall pay all fees and/or deposits as
required by this Title and by City Council resolution establishing applicable
fees and deposits."
Section 45. The City Council of the City of Temecula hereby amends
Subsection B of Section 18.24.040 of Chapter 18.24 of the Temecula Municipal Code
to read as follows:
"B. The fee for a grading permit authorizing additional work 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."
Section 46. The City Council of the City of Temecula hereby amends Section
18.24.060 of Chapter 18.24 of the Temecula Municipal Code to read as follows:
"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
submitted for review. The amount shall be as set forth by City Council resolution."
Section 47. The City Council of the City of Temecula hereby amends Section
18.24.080 of Chapter 18.24 of the Temecula Municipal Code to read as follows:
"A. Inspection fees may be refunded, less any City expenses incurred, including
a reasonable overhead charge, 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."
Section 48. The City Council of the City of Temecula hereby amends
Subsection A of Section 18.24.080 of Chapter 18.24 of the Temecula Municipal Code
to read as follows:
"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, as specified in
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:
R:/Ords 2008/Ords 08-09 21
1. A cash deposit, in accordance with the Grading Manual, may be required
' by the city engineer to ensure the elimination of hazardous conditions,
the emergency maintenance of erosion and sediment control systems
and to ensure the removal of stockpiles.
2. On developments where progressive individual grading projects or
several concurrent projects are being constructed by one owner, a
continuing (blanket) bond or other approved security that covers all such
projects may be accepted in an amount determined by the city engineer."
Section 49. The City Council of the City of Temecula hereby amends Section
18.27.020 of Chapter 18.27 of the Temecula Municipal Code to read as follows:
"18.27.020 Power and Duties of the City Engineer
The provisions of Appendix Chapter 1, Administration, Section 104, Duties and
Powers 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 Title."
Section 50. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by adding the term and definition of
"Accessibility" to read as follows:
' "Accessibility" is the combination of various elements in a building, facility, site
or area, or portion thereof which allows access, circulation and the full use of the
building and facilities by persons with disabilities in conformance with the
Chapter 11 B of the California Building Code."
Section 51. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Accessible Route of Travel"
definition to read as follows:
"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" in this section.
Interior accessible routes may include parking access aisles, curb ramps,
crosswalks at vehicular ways, walks, sidewalks, ramps and lifts. An accessible
route does not include stairs, steps or escalators."
Section 52. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Best Management Practices
(BMP's)" definition to read as follows:
' "BMP's" means the management practices, operating procedures, and devices
implemented to prevent or reduce the discharge of pollutants directly or indirectly
R:/Ords 2008/Ords 08-09 22
' to public or private storm water conveyance systems."
Section 53. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "City Engineer" definition to
read as follows:
"Gifu Engineer" means the city engineer of the City of Temecula or his or her
duly delegated representative."
Section 54. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by deleting the term and definition of "Curb Cut".
Section 55. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Erosion" definition to read as
follows:
"Erosion" means the wearing away of the ground surface as a result of
movement of wind, water or ice."
Section 56. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by adding the term and definition of "Erosion
Control" to read as follows:
' "Erosion Control" means anything that keeps soil in place."
Section 57. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Erosion and Sediment
Control Plan" definition to read as follows:
"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 be submitted to the City and shall provide for protection of exposed soils
and desiltation of runoff at frequent intervals prior to discharging from a site or to
a storm water conveyance system (natural watercourses, streets, flow-lines,
inlets, outlets, etc.)"
Section 58. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Erosion and Sediment
Control System" definition to read as follows:
"Erosion and Sediment Control Svstem" means combination of erosion and
sediment controls (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."
R:lords 2008/Ords OB-09 23
Section 59. The City Council of the City of Temecula hereby amends Chapter
' 18.33 of the Temecula Municipal Code by adding the term and definition of "Flow-line"
to read as follows:
"Flow-line" means v-ditches, brow-ditches, terrace drains, ribbon gutters, curb
gutters, etc".
Section 60. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Grade" definition to read as
follows:
"Grade" means the vertical elevation of the ground surface.
A. "Existing grade" means the grade prior to grading.
B. "Finish grade" means the final grade of the site, which conforms
precisely to the City-approved plans, approved construction changes or
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."
Section 61. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Key" definition to read as follows:
"~" means a compacted fill placed in a trench excavated in earth material
beneath the toe of a slope."
Section 62. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Maximum Extent Practicable
(MEP)" definition to read as follows:
"Maximum Extent Practicable IMEPI" means the standard established by
Congress in the Clean Water Act that operators of MS4 permits must meet. To
achieve the MEP standard, Best Management Practices must be implemented
that are technically feasible (i.e. are likely to be effective) in combination with
treatment methods serving as back up."
Section 63. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Path of Travel" definition to
read as follows:
' "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
R:/Ords 2008/Ords 08-09 24
access to and egress from a particular area or location for pedestrians and/or
wheelchair users. A "path of travel" includes a continuous, unobstructed way of
pedestrian passage by means of exited, and which connects a particular area with
an exterior approach (including sidewalks, streets and parking areas), an entrance
to the facility and other parts of the facility. In existing buildings, when alterations,
structural repairs or additions are made, the term "path of travel" also includes the
sanitary facilities, telephones, drinking fountains and signs serving the altered area."
Section 64. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Precise Conformance"
definition to read as follows:
"Precise Conformance", for purposes of this Title, means:
A. Pad elevations within plus or minus four-tenths (0.4) of a foot (1') of planned
elevation or approved construction change:
B. Street subgrade within plus or minus four hundredths (0.04) of a foot (1') of
planned elevation or approved construction change;
C. Slope grades within plus or minus 1/2 foot (0.5') of planned elevation or
approved construction change;
D. Rock slopes (rip-rap armoring) and horizontal locations within two feet (2') of
' planned elevation and location or approved construction change;
E. Drainage gradient to within two-tenths (0.2) of one percent (1%) of planned
slope or approved construction change; and
F. Structures within the tolerances specified in the latest adopted version of the
"Standard Specifications for Public Works Construction" (Green Book)."
Section 65. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by adding the term and definition of "Private
Roads" to read as follows:
"Private Roads" are roads that have been dedicated to the public, but not
accepted for public use or that have been retained as "Private" for private use by
the owners or may simply be a road created by private use or easement."
Section 66. The Ciry Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Rainy Season" definition to
read as follows:
"Rainv Season" means October 1ST thru April 30~h of the next calendar year."
R:/Ords 2008/Ords OS-09 25
Section 67. The City Council of the City of Temecula hereby amends Chapter
' 18.33 of the Temecula Municipal Code by updating the "Regional Water Quality
Control Board (RWQCB)" definition to read as follows:
it Water Quality Control Board (RWQCBI" means the State's
Regulatory Agency responsible for protecting waters of the State."
Section 68. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by adding the term and definition of "Sediment
Control" definition to read as follows:
"Sediment Control" means anything that captures soil particles after being
displaced."
Section 69. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by adding the term and definition of "State
Water Resources Control Board (SWRCB)" definition to read as follows:
"state Water Resources Control Board ISWRCBI" means the regulatory
authority that develops statewide water protection policies, establishes water
quality standards, and guides the nine Regional Water Quality Control Boards
throughout the state."
Section 70. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by deleting the term and definition of "Storm
Water Management Plan (SWMP)".
Section 71. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Storm Water Pollution
Prevention Plan (SWPPP)" definition to read as follows:
"Storm Water Pollution Prevention Plan (SWPPPI" means a document which
meets the requirements set in the State's NPDES General permits for Construction
and Industrial activities. The SWPPP must describe the BMP's to be implemented
to meet the requirements of the General Permits and this Title."
Section 72. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by deleting the term and definition of "Standard
Urban Storm Water Mitigation Plan (SUSMP)".
Section 73. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by adding the term and definition of "Water
Quality Management Plan (WQMP)" to read as follows:
~I
R:/Ords 2008/Ords 08-09 26
' "Water Quality Mana4ement Plan ISUSMP)" 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
development projects."
Section 74. The City Council of the City of Temecula hereby amends Chapter
78.33 of the Temecula Municipal Code by updating the "Waters of the State" definition
to read as follows:
"Waters of the State" means any water, surface or underground, under the
jurisdiction of the State."
Section 75. Environmental Finding. The proposed amendments to Title 18 of
the Temecula Municipal Code are determined to be minor clarifications or typographical
corrections of the Code. Based on this fact, the City Council hereby finds that the
adoption of this Title is exempt from further review pursuant to CEQA Guideline Section
15061(b)(3) of the CEQA Guidelines, because it can be seen with certainty that there is
no possibility that the proposed Title may have a significant effect on the environment.
Section 76: If any provision of this Title 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 Title are declared to be severable.
' Section 77: The City Clerk shall certify the Title and cause it to be published as
required by law. This Title 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 this 26th day of August, 2008.
ATTEST:
~L/
Susan
City CI
' [SEAL]
~yv v v
Michael S. Naggar, Mayor
R:/Ords 2008/Ords OB-09 27
STATE OF CALIFORNIA )
' COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 08-09 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 12`h day of August, 2008,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 26~h day of August, 2008, by the following vote:
AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Roberts, Naggar
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Washington
ABSTAIN: 0 COUNCIL MEMBERS: None
' ~ ~ Susa W. Jones, MMC
City Clerk
R:IOrds 2008/Ords 08-09 28