HomeMy WebLinkAbout13-01 CC Ordinance ( 6 '
ORDINANCE NO. 13-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLE 18 (GRADING,
EROSION AND SEDIMENT CONTROL) OF THE
TEMECULA MUNICIPAL CODE IN ITS ENTIRETY TO ADD
A NEW TITLE 18 ENTITLED "CONSTRUCTION,
GRADING AND ENCROACHMENT" TO MAKE
CONSISTENT WITH THE 2010 CALIFORNIA BUILDING
CODE AND TO MAKE OTHER MINOR RE-
ORGANIZATIONAL REVISIONS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. On May 11, 2004, City Ordinance No. 04-04, pertaining to grading,
erosion and sediment control, was adopted. This Ordinance amended the Temecula
Municipal Code by adding Title 18 entitled "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 the Ordinance.
Section 2. On August 26, 2008, City Ordinance No. 08-09, pertaining to
grading, erosion and sediment control, was adopted. This Ordinance amended 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.
Section 3. It is now desirable to further amend Title 18 in its entirety. The
purpose of this amendment is to re-organize and modify its form for simplification, to
provide construction, grading (including borrow sites/stockpiling, land clearing, erosion
and sediment control, etc.) and encroachment requirements for both onsite (private)
development and public rights-of-way improvements, to make it consistent with the
2010 Edition of the California Building Code (including Appendix J) and to make other
minor clarifications and corrections.
Section 4. Title 18 entitled "Grading, Erosion and Sediment Control" of the
Temecula Municipal Code is hereby amended in its entirety and replaced with an
improved, re-organized Title 18 entitled "Construction, Grading and Encroachment" to
read as follows:
Ords 13-01 1
CITY OF TEMECULA
TITLE 18
CONSTRUCTION, GRADING AND ENCROACHMENT ORDiNANCE
Chapter 18.01
GENERAL PROVISIONS
Sections:
18.01.020 Title
18.01.040 Engineering and Construction Manual
18.01.060 Purpose
18.01.080 Scope
18.01.020 Title
The ordinance codified in these chapters shall be known as the "City of Temecula
Construction, Grading and Encroachment Title" and will be referred to herein as "this
title."
18.01.040 Engineering and Construction 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 Engineering
and Construction Manual for Administrative and Technical Procedures for Construction,
Grading and Encroachment" ("Engineering and Construction Manual"). The City
Engineer shall have� the authority to change, update or revise the Engineering and
Construction 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 Engineering and Construction Manual and this
title, the more restrictive provisions shall govern. The provisions of the Engineering and
Construction 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 title is enacted for the purpose of regulating construction, grading and
encroachment activity in both onsite (private) development and public rights-of-way
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; to ensure that the intended use of a construction site or 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; and to ensure that all
construction or non-construction related activities encroaching into public rights-of-way
Ords 13-01 2
are conducted per all applicable City standards and ordinances, engineering standards
and this title.
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, erosion
and sedimentation resulting from construction, grading (including land clearing activities,
excavation, etc.) and encroachment activities. This title establishes procedures for
application, issuance, administration and enforcement of permits for such activities.
Any such construction, grading and encroachment activities within limits of the City shall
conform to the provisions of this title and the Engineering and Construction 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 Engineering
and Construction 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.
Chapter 18.03
DEFINITIONS OF TERMS & ABBREVIATIONS
Sections:
18.03.020 Definitions of Terms
18.03.040 Abbreviations
18.03.020 Definitions of Terms
Whenever, in this title and the Engineering and Construction Manual, or in any
resolution or standard adopted by city council pursuant to this title, 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:
"Accessibilitv" 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.
"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 whee�chair 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.
Ords 13-01 3
"Administrative Clearinq Permit" means a type of grading permit that authorizes the
clearing, brushing or grubbing of a portion of land beyond that scope exempted from the
permit process by this title.
"Applicant" means any person, corporation, partnership association of any type, public
agency or any other legal entity, who submits an application for a permit pursuant to this
title.
"Approval" means that the proposed work or completed work conforms to the
requirements of this title, in the opinion of the City Engineer.
"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.
"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.
"Bedrock" means in-place solid rock.
"Bench" means a relatively level step excavated into soil materials on which fill is to be
placed.
"Best Manaqement Practices (BMP's)" means the management practices, operating
procedures and devices implemented to prevent or reduce the discharge of pollutants,
directly or indirectly, to public or private storm water conveyance systems. �
"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.).
"Certifv" or "Certification" means a signed written statement that the specific
inspections and/or 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.
"Citv Enqineer" means the City 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.
"Clearinq, Brushinq and Grubbinq" means the removal or disturbance of vegetation
(grass, brush, trees and similar plant types), weed abatement, manmade 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" shall mean clearing, brushing and grubbing individually and separately.
Ords 13-01 4
"Compaction" means the densification of a fill by mechanical or other acceptable
means.
"Construction Site" means any project requiring a local grading, haul route,
encroachment or building permit, including projects requiring coverage under the
General Construction Permit.
"Contour Gradinq" means grading that creates or results in land surFaces that reflect
the pre-graded natural terrain or that simulate 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.
"Cross-Lot Drainaqe" 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 Ramp" 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.
" see definition for "Excavation."
"Drv Season" means May 1 S through September 30 of each year.
"Enqineer of Record" means the professional engineer (holding a current registration
in the state of California), who supervised the design and signed the
construction/grading plan accepted by the City Engineer.
"Erosion" means the wearing away of the ground surface as a result of the movement of
wind, water or ice.
"Erosion and Sediment Control (ESC) 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 storm water conveyance
systems (natural watercourses, streets, flow-lines, inlets, outlets, etc.).
"Erosion and Sediment Control (ESC) 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.
"Erosion Control" means anything that keeps soil in place.
"Excavation" or "GuY' 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.
"Expansive Soils" means any soil with an expansion index greater than 20, as
determined by the Expansive Index Tests of the California Building Code.
Ords 13-01 5
"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 11,000 years (Holocene geologic time).
"Fill" means a deposit of soil, sand, gravel, rock or other material placed by artificial
means.
"Flow-line" means v-ditches, brow-ditches, terrace drains, ribbon gutters, curb gutters,
etc.
"Fuqitive 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 (SCAQMD) Rule 403.
"General Construction Permit (GCP)" means the permit issued by the SWRCB to
regulate discharges from construction activity.
"Geohvdroloqv" 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.
"Geoloqic 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 Enqineerinq Report" means a geotechnical report prepared under the
responsible supervision of a geotechnical engineer and approved by the City Engineer,
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, and provides recommendations for structural design and approval
of the site for its intended use.
"Grade" means the vertical elevation of the ground surface. Grade may refer to the
following:
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/ground" means the ground surface unaltered by artificial
means.
Ords 13-01 6
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.
"Gradinq" means any process of excavation or filling or combination thereof.
"Greenbook 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.
"Hillside Site" means a site where the existing grade is 20% or greater and which may
be adversely affected by drainage and/or stability conditions within or from outside the
site, or which may cause an adverse effect on adjacent property.
"Key" means a compacted fill placed in a trench excavated in earth material beneath
the toe of a slope.
"Kevway" 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).
"Mass Gradinq Permit" means a grading permit that is issued on the basis of
approved plans that show, on a larger scale, an area to be graded; this grading (prior to
rough grading) shall be shown within two feet (vertical) of the site's final elevations.
"Maximum Extent Practicable (MEP)" means the standard established by Congress
in the Clean Waters Act that operators of MS4 permits must meet. To achieve the MEP
standard, Best Management Practices must be implemented that are technically
feasible (are likely to be effective) in combination with treatment methods serving as a
backup.
"Mined Lands" include 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
certification/regulation 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 Discharcte 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 and/or commercial extraction operations that are being conducted or
may be conducted.
Ords 13-01 7
"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 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.
"Permit" means the authorization issued pursuant to this title, together with the
application for the same, the conditions upon which it was issued, and any plans,
specifications, reports, and approved modifications thereto.
� "Permittee" means any person, property owner, contractor or authorized agent to
whom a permit is issued pursuant to this title.
"Person" means any individual, firm, association, corporation, organization, 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.
"Precise Conformance", for purposes of this title, means:
A. Pad elevations within plus or minus four-tenths (0.4) of a foot of planned
elevation or approved construction change;
B. Street subgrade within plus or minus four hundredths (0.04) of a foot of planned
elevation or approved construction change;
C. Slope grades within plus or minus one-half foot (0.5') of planned elevation or
approved construction change;
D. Rock slopes (rip-rap armoring) and horizontal locations within two feet of
planned elevation and location or approved construction change;
E. Drainage gradient to within two-tenths (0.2) of one percent of planned slope or
approved construction change;
F. Structures within the tolerances specified in the latest adopted version of the
"Standard Specifications for Public Works Construction" (GreenBook). ,
"Precise Gradinq Permit" means a grading 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.
"Prioritv Development Proiects" means new development and redevelopment
projects, as indicated in the City's MS4 permit requirements.
Ords 13-01 8
"Private Roads" means 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.
"Quarrvinq"' means the process of removing or extracting stone, rock or similar
materials from an open excavation for financial gain.
"Rainy Season" means October 1 St through April 30 of the next calendar year.
"Record Drawinqs/As-Builts" 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.
"Reqional Water Qualitv Control Board" (RWQCB) means the State's regional
regulatory agency responsible for protecting waters of the State. There are nine regional
boards throughout the state.
"Retainina Wall" means a wall designed to resist the lateral displacement of soil or
other materials.
"Rouqh Gradinq Permit" means a grading permit that is issued on the basis of
approved plans that show finished elevations, interim building pad elevations and
drainage.
"Sediment Control" means anything that captures soil particles after being displaced.
"Site" means the real property on which activities subject to this title may occur.
"Sl 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.
"Slope ReveQetation" means the planting of graded slopes with native and/or
naturalizing plant species, which, after an initial establishment period, usually requiring
irrigation, will survive with normal precipitation.
"Slope Stabilitv" 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. "Surficial 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, and/or any combination thereof.
"South Coast Air Qualitv Manaqement 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 develops statewide water protection policies, establishes water quality standards
and guides the nine Regional Water Quality Control Boards throughout the state.
"Stockpile" 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. �
Ords 13-01 9
"Stop 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 Convevance Svstem" means any natural watercourses, curbs, gutters,
streets, flow-lines, inlets, outlets, etc., either public or private, leading to waters of the
State.
"Storm Water Pollution Prevention Plan" (SWPPP) 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.
"Sub-base" means a layer of specified material of planned thickness between a base
and the subgrade.
"Sub-qrade" means the soil prepared to support structures, or that portion of the
roadbed on which pavement, surfacing, base or sub-base, or layer of other material is
placed.
"Terrace" means a relatively level step constructed in the face of a graded slope
surface for drainage and maintenance purposes.
"TOpS011" 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 Riqht-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.
"Water Qualitv Manaqement Plan (WQMP)" 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.
"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 known as a drainage area,
catchment or river basin).
"Waters of the State" means any water (surface or underground) under the jurisdiction
of the State.
18.03.040 Abbreviations
Act ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Alquist-Priolo Earthquake Fault Zoning Act
BMP .......................................... Best Management Practices
Cal OSHA ................................... California Occupational Safety & Health
Administration
Ords 13-01 10
CGP .......................................... Construction General Permit
ESC .......................................... Erosion and Sediment Control
MEP .......................................... Maximum Extent Practicable
MS4 Permit ................................. Municipal Separate Storm Sewer System Permit
NPDES ...................................... National Pollutant Discharge Elimination System
QSD/P ....................................... Qualified Stormwater Developer/Practitioner
RWQCB ..................................... Regional Water Quality Control Board
SCAQMD ...........:....................... South Coast Air Quality Management District
SWPPP ..................................... Storm Water Pollution Prevention Plan
SWRCB ..................................... State Water Resource Control Board
WDID ........................................ Water Discharge Identification
WQMP ....................................... Water Quality Management Plan
Chapter 18.06
GRADING PERMIT, APPLICATION 8� REQUIREMENTS
Sections:
18.06.020 Grading Permits Required
18.06.040 Types of Work Covered by a Grading Permit
18.06.060 Permit Exemptions
18.06.080 Tentative Subdivision or Conditional Use Permit Required
18.06.100 Grading Application
� 18.06.120 Plans and Specifications
18.06.140 Expiration and Renewal of Grading Application Submittals
1�8.06.160 Expiration and Renewal of Issued Grading Permits
18.06.180 Denial of Grading Permit
18.06.200 Transfer of Responsibility
18.06.220 Clearances
18.06.240 Water Quality Management Plan
18.06.260 Geotechnical (Soils) Reports
18.06.280 Seismicity Reports
18.06.300 Dust Control and Prevention Plan
18.06.320 Disposal of Materials
18.06.340 Permit Issuance — Terms and Conditions
18.06.360 Right of Entry
18.06.380 Time of Operations
18.06.400 Responsibility of Permittee
18.06.420 Contractor Qualifications
18.06.440 Protection of Adjoining Property
18.06.460 Protection of Utilities
18.06.480 Maintenance of Protective Devices
18.06.500 Debris on Public and Private Streets
18.06.020 Grading Permits Required
No person shall conduct any construction, grading (stockpiling, excavating, earth
moving, filling, clearing, disking, brushing or grubbing on natural or existing grade or
Ords 13-01 11
perform work that is preparatory to grading), without first having obtained a grading
permit in accordance with this title, except as specified in Section 18.06.060 "Permit
Exemptions" of this title and without having obtained coverage under the State Water
Resources Control Board's National Pollutant Discharge Elimination System (NPDES)
permit for construction activity, if applicable.
18.06.040 Types of Work Covered by a Grading Permit
A. The types of work covered by a grading permit include the following:
1. Mass, Rouqh or Precise Gradinq. The City Engineer may issue a grading
permit for mass, rough or precise grading work upon completion of an
application in accordance with the Engineering and Construction Manual. The
issuance of building permits by the Department of Building & Safety shall be
determined as follows:
a. Building permits may be issued for a site graded under a grading permit for
precise grading work, upon completion and approval of the rough grade
inspection, as specified in and subject to the requirements of the
Engineering and Construction Manual.
b. Building permits shall not be issued for a site graded under a grading permit
for rough grading work, unless a precise grading plan has been approved.
2. Borrow Sites. A grading 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.
3. Stockpiling. Upon approval by the Planning Commission, a grading (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 months of issuance of a stockpile permit, unless
modified by the Planning Commission in accordance with the Engineering and
Construction Manual.
4. Erosion and Sediment Control (ESC). 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 18.18
of this title and the Engineering and Construction Manual. The ESC work shall
be covered under the grading permit.
5. Administrative Clearinq. No person shall commence any clearing and grubbing
operation without first obtaining a grading (administrative clearing) permit in
accordance with the Engineering and Construction Manual.
6. Rock Blastinq. No rock blasting shal.l be permitted until a pre-blast survey of
the surrounding property is conducted to the satisfaction of the City Engineer.
Ords 13-01 12
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 and subject to the
requirements of the Engineering and Construction Manual.
7. Pavinq. For onsite (private) development, no person shall construct concrete or
bituminous pavement surfacing on natural or existing grade in excess of 5,000
square feet for any commercial, industrial, multi-residential or other parking lot,
without a valid grading permit for such paving operation. This excludes
developments consisting of a single family residence. Maintenance and
repaving of existing paved sections shall be exempt from this requirement.
8. 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:
a. The requirement for a grading permit is waived by the City Engineer,
b. The grading is perFormed as interim protection in an emergency to prevent
flooding or
c. A separate improvement plan for such alteration is approved by applicable
state agencies and the City Engineer.
18.06.060 Permit Exemptions
Grading permits are not required for:
A. An excavation below the existing finished grade for re-compaction within the
building zone (within five feet 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 after the completion of such structure. Regardless of exemption, the
Public Works Department shall be notified 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;
E. Excavation and backfill for installation of underground utilities by public utilities or
companies operating under the authority of a franchise or public rights-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
Ords 13-01 13
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
18.06.040 "Types of Work Covered by a Grading 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 in vertical depth or (b) does not create a cut slope greater than
three feet 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 18.06.040, "Types of
Work Covered by a Grading Permit" of this title.
I. A fill less than one foot in vertical depth, placed on natural terrain with a slope
flatter than five horizontal to one vertical (5:1), or less than three feet in depth, not
intended to support structures or mobile homes, which does not exceed 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 18.06.040, "Types of Work Covered by a
Grading Permit" 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 Vegetation," of the
Temecula Municipal Code with the concurrence of the Director of Development
Services 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.
Ords 13-01 14
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 (grading)
permit, in accordance with Section 18.06.040 "Types of Work Covered by a
Grading Permit" 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 "O;" or
3. 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 exemption "O."
18.06.080 Tentative Subdivision or Conditional Use Permit Required
Under either of the following circumstances, a grading 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.
Ords 13-01 15
18.06.100 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.
18.06.120 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 noted in the Engineering and Construction 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 18.06.020 "Grading 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
Engineering and Construction Manual.
18.06.140 Expiration and Renewal of Grading Application Submittals
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 the grading submittal package and pay the most current plan check fee.
D. Plan check fees shall be deemed forfeited for all expired permits.
18.06.160 Expiration and Renewal of Issued Grading Permits
A. A grading permit shall be valid for a period of 180 days 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 grading permit issued in accordance with these
requirements shall terminate upon a change of ownership if the work for which
said permit was issued has not been completed. In such instances, a new
grading permit shall be required for the completion of the work.
Ords 13-01 16
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 18.24.140 "Securities" of this title.
2. Permit Extensions. The City Engineer may extend the time limit on grading
permits by one or more successive periods of up to 180 days 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 Delays.. 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 grading 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 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.
18.06.180 Denial of Grading Permit
A. A grading permit shall not be issued in any case where the City Engineer
determines that hazardous conditions exist and that the work, as proposed by the
applicant, will:
1. Expose any property to landslide or geologic hazard;
2. Adversely interfere with existing drainage courses or patterns;
3. Cause erosion and/or flooding, which could result in the depositing of mud, silt
or debris on any other property or public/private street;
4. Create any hazard to person or property; or
5. Damage or endanger any environmentally sensitive species and habitats, rocks
and/or archaeological artifacts.
B. A grading 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 title;
3. If the required security is not posted;
4. If the application contains false information.
Ords 13-01 17
C. The City Engineer shall deny the issuance of a grading 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), any specific plan, conditional use permit, land use ordinance
or regulation, zoning ordinance or regulation, any permit or approved
subdivision map.
18.06.200 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. 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 must state that
he assumes all responsibility within his 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.
18.06.220 Clearances
A. The applicant shall obtain all required clearances from applicable regulatory
agencies and City Departments prior to obtaining a grading permit, as specified in
and subject to the requirements of the Engineering and Construction Manual. Said
clearances shall not be obtained until the applicant meets all regulatory agencies'
and City Departments' requirements.
B. The applicant shall address all requirements associated with drainage ways (where
their function is essential to the protection and/or use of multiple properties). Said
requirements shall comply with the Engineering and Construction Manual.
18.06.240 Water Quality Management Plan
A Water Quality Management Plan (WQMP) may be required as a condition for issuance
of grading permits. A WQMP shall provide guidelines for addressing site design, source
control and treatment control BMPs on a project-specific and/or sub-regional or regional
basis to address the management of urban runoff to protect receiving waters. Said
Ords 13-01 18
report shall comply with the NPDES MS4 Permit and as specified in and subject to the
requirements of the Engineering and Construction Manual.
18.06.260 Geotechnical (Soils) Reports
A. 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 Engineering and Construction Manual.
B. 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. 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, shall be filed with the State Geologist within 30 days of the
waiver, in accordance with Public Resources Code Section 2697(a).
18.06.280 Seismicity Reports - Alquist-Priolo Earthquake Fault Zoning Act (Act)
A seismicity report shall be required as a condition for issuance of grading permits for: all
grading applications associated with subdivisions (tracts), if applicable; 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 Act (Public Resources Code Section 2621, et seq.) and as specified
in and subject to the requirements of the Engineering and Construction Manual.
18.06.300 Dust Control and Prevention Plan
Dust control and prevention procedures shall be employed while construction activity
occurs to minimize wind borne particles. At a minimum, all grading operations, land
clearing, loading, stockpiling, landscaping, vehicular track-out and haut routes shall
comply with South Coast Air Quality Management District (SCAQMD) Rule 403
(Fugitive Dust Emissions) and the Engineering and Construction Manual.
Ords 13-01 19
18.06.320 Disposal of Materials
The disposal of all waste and recycling materials removed as part of any grading project
shall comply with the City's Solid Waste Franchise Agreement, as specified in and
subject to the requirements in the provisions of the Temecula Municipal Code, Title 8,
Chapter 8.20, "Waste Management," and the Engineering and Construction Manual.
18.06.340 Permit Issuance — Terms and Conditions
A. Upon receipt and approval of the required application, fees, plans, reports and
other requirements of this title, the City Engineer may issue a grading permit,
subject to any terms and conditions deemed necessary to ensure conformance
with the provisions of this title and the Engineering and Construction 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 title.
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
specifications attached to the permit and approved by the City Engineer. A separate
permit shall be required for each (noncontiguous) grading project.
18.06.360 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.
18.06.380 Time of Operations
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 befinreen 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.
6. Public Works projects of any federal, state or local entity or emergency work by
public utilities are exempt from the provisions of this title. Residents working on
their property are exempt from the prohibition of construction activities on Sundays
Ords 13-01 20
and holidays, but shall comply with the hourly restrictions set forth for Saturday
when working on Sundays and holidays.
18.06.400 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 Engineering and Construction 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 Notes, as identified in the Engineering
and Construction Manual.
18.06.420 Contractor Qualifications
All persons performing work pursuant to this title shall have all valid licenses and
insurance required by the State of California and by the City of Temecula.
18.06.440 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 10 feet or more below
the grade and within 10 feet 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 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 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 inctuding, but not limited
to, any trench greater than five feet deep. Cal OSHA permits shall be obtained.
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.
Ords 13-01 21
18.06.460 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 of Southern California and coordinate the proposed
excavation with all interested utility companies, districts and agencies.
18.06.480 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 title, 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.
18.06.500 Debris on Public and Private Streets
The throwing, leaving, maintaining, keeping, placing, dumping, depositing or spilling soil
materials on public and private streets or any portion of the public rights-of-way shall be
strictly prohibited. The permittee shall be responsible for the complete removal and
cleanup of such materials from the street or any portion of the public rights-of-way. If the
permittee fails to immediately remove said spillage or deposit from the street and/or public
rights-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 18.24.140 "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.
Chapter 18.09
HAUL ROUTE PERMIT, APPLICATION & REQUIREMENTS
Sections:
18.09.020 Haul Route Permits Required
18.09.040 Haul Route Application
18.09.060 Haul Route Requirements
18.09.020 Haul Route Permits Required
No person shall conduct any hauling of soil materials on public rights-of-way from or to
the site of a grading operation, without first having obtained a haul route permit, if
required, as specified in and subject to the requirements of the Engineering and
Construction Manual.
Ords 13-01 22
Because this permit may be triggered by various factors (location, quantity of soil, truck
trips, traffic, etc.), the City will determine if a haul route permit is required on a case-by-
case basis prior to allowing any hauling operation to commence.
18.09.040 Haul Route Application
To obtain a haul route permit, the applicant shall first file an application in writing on a
form furnished by the City Engineer for that purpose. The applicant shall submit a
complete application with the required documentation and fee, the amount of which is
set by City Council resolution.
18.09.060 Haul Route Requirements
Where soil materials are moved on public rights-of-way from or to the site of a grading
operation, a haul route plan shall be approved by the City Engineer in accordance with
the Engineering and Construction 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. All haul route requirements
shall be in accordance with this title and the Engineering and Construction Manual.
Chapter 18.12
ENCROACHMENT PERMIT, APPLICATION � REQUIREMENTS
Sections:
18.12.020 Encroachment Permits Required
18.12.040 Types of Work Covered by an Encroachment Permit
18.12.060 Encroachment Application
18.12.080 Plans and Specifications
18.12.100 Expiration and Renewal of Encroachment Application
Submittals
18.12.120 Expiration and Renewal of Issued Encroachment Permits
18.12.140 Denial of Encroachment Permit
18.12.160 Transfer of Responsibility
18.12.180 Clearances
18.12.200 Required Reports
18.12.220 Disposal of Materials
18.12.240 Permit Issuance — Terms and Conditions
18.12.260 Time of Operations within Public Rights-of-Way
18.12.280 Responsibility of Permittee
18.12.300 Contractor Qualifications
18.12.320 Protection of Utilities within Public Rights-of-Way
18.12.340 Maintenance of Protective Devices within Public Rights-of-
Way
18.12.360 Debris on Public Rights-of-Way
Ords 13-01 23
18.12.020 Encroachment Permits Required
For work within public rights-of-way, no person shall conduct any construction without
first having obtained an encroachment permit in accordance with this title and without
having obtained coverage under the State Water Resources Control Board's NPDES
permit for construction activity, if applicable. Excavations shall meet all state and federal
regulations including, but not limited to, any trench greater than five feet deep. Cal
OSHA permits shall be obtained, as required.
18.12.040 Types of Work Covered by an Encroachment Permit
A. The City Engineer may issue an encroachment permit for major and minor
construction-related improvements within public rights-of-way upon satisfactory
completion of an application in accordance with this title and the Engineering and
Construction Manual. Note the following:
1. Major public rights-of-way improvements (as shown on typical construction
plans) shall be covered under an encroachment permit and may include: street
improvements, storm drain improvements, sewer and/or water improvements,
dry utility improvements, traffic control plans, traffic signing & striping
improvements and traffic signal improvements.
2. No construction, grading or encroachment will be approved which, in the
opinion of the City Engineer, physically prevents the use of existing legal
access to any private parcel.
3. The City Engineer may issue an encroachment permit for minor construction-
related improvements within the public rights-of-way upon satisfactory
completion of an application in accordance with this title and the Engineering
and Construction Manual. Said minor construction-related improvements may
include: driveway approaches, drains, street closures, oversize transport, tree
trimming, utility work, etc.
B. In addition to construction-related improvements within public rights-of-way, the
City Engineer may issue an encroachment permit for miscellaneous activities
performed within public rights-of-way upon satisfactory completion of an
application in accordance with this title and the Engineering and Construction
Manual. Said activities may include access to utility agency facilities, block parties,
movie filming, street closures, special events, etc.
18.12.060 Encroachment Permit Application
To obtain an encroachment permit, the applicant shall first file an application in writing
on a form furnished by the City Engineer for that purpose.
18.12.080 Plans and Specifications
A. Each application for an encroachment permit shall be accompanied by the required
construction plans and specifications, soils engineering and geotechnical reports,
hydrology/hydraulic reports, proof of coverage under the State General Permit for
construction activities and all other information required by the City Engineer as
Ords 13-01 24
noted in the Engineering and Construction Manua�, and payment of the appropriate
fees.
B. Plans and specifications for construction projects and work requiring
encroachment permits as defined in Section 18.12.040 "Types of Work Covered by
an Encroachment Permit" 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. Construction plans and specifications shafl be prepared in accordance with the
Engineering and Construction Manual.
18.12.100 Expiration and Renewal of Encroachment Application Submittals
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 the submittal package and pay the most current plan check fee.
D. Plan check fees shall be deemed forFeited for all expired permits.
18.12.120 Expiration and Renewal of Issued Encroachment Permits
A. An encroachment permit shall be valid for a period of 180 days from the date of
issuance.
B. The time limitation for all encroachment permits is also subject to the following
provisions:
1. Permit Extensions. The City Engineer may extend the time limit on
encroachment permits by one or more successive periods of up to 180 days
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 work.
2. Weather-Related Delays. The City Engineer may require that construction
operations and project designs be modified if delays occur which incur weather-
related problems not considered at the time the encroachment 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 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.
Ords 13-01 25
18.12.140 Denial of Encroachment Permit
A. An encroachment permit shall not be issued in any case where the City Engineer
determines that hazardous conditions exist and that the work, as proposed by the
applicant, will:
1. Expose public rights-of-way to landslide or geologic hazard;
2. Adversely interfere with existing drainage courses/patterns and/or existing
drainage improvements and utilities;
3. Cause erosion and/or flooding, which could result in the depositing of mud, silt
or debris on public rights-of-way; or
4. Create any hazard to person or property.
B. An encroachment permit shall not be issued if any of the following apply:
1. If the submittal is incomplete (plans, licensing and insurance requirements,
etc. );
2. If the plan, as submitted, does not comply with the provisions of this title;
3. If the required security is not posted; or
4. If the application is incomplete or contains false information;
C. The City Engineer shall deny the issuance of an encroachment 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), any specific plan, any permit or the approved subdivision
map.
18.12.160 Transfer of Responsibility
If the civil engineer of record, the geotechnical engineer, the engineering geologist or
the contractor of record is changed during the course of the work, the project shall be
stopped until:
A. 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 must state that
he assumes all responsibility within his 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.
Ords 13-01 26
18.12.180 Clearances
A. The applicant shall obtain ali required clearances from applicable regulatory
agencies and City Departments prior to obtaining an encroachment permit, as
specified in and subject to the requirements of the Engineering and Construction
Manual. Said clearances shall not be obtained until the applicant meets all
regulatory agencies' and City Departments' requirements.
B. The applicant shall address all requirements associated with drainage ways within
public rights-of-way. Said requirements shall comply with the Engineering and
Construction Manual.
18.12.200 Required Reports
The requirements for this section shall conform to this title and the Engineering and
Construction Manual.
A. The City Engineer may require a geotechnical report to correlate surface and
subsurFace conditions with the proposed construction plans. The results of the
investigation shall be presented in a report in conformance with the requirements
of this title and the Engineering and Construction Manual.
B. The City Engineer may require supplemental reports and data, as he deems
necessary, upon his review of the project site, reports and other data submitted.
C. The City Engineer may determine that geotechnical conditions at public rights-of-
way are such that public safety is adequately protected and no mitigation is
required.
D. Dust control and prevention procedures shall be employed while construction
activity occurs to minimize wind borne particles. At a minimum, all construction
operations shall comply with South Coast Air Quality Management District
(SCAQMD) Rule 403 (Fugitive Dust Emissions) and the Engineering and
Construction Manual.
18.12.220 Disposal of Materials
The disposal of all waste and recycling materials removed as part of any construction
project within public rights-of-way shall comply with the City's Solid Waste Franchise
Agreement, as specified in and subject to the requirements within the provisions of the
Temecula Municipal Code, Title 8, Chapter 8.20, "Waste Management," and the
Engineering and Construction Manual.
18.12.240 Permit Issuance — Terms and Conditions
A. Upon receipt and approval of the required application, fees, plans, reports and
other requirements of this title, the City Engineer may issue an encroachment
permit, subject to any terms and conditions deemed necessary to ensure
conformance with the provisions of this title and the Engineering and Construction
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
Ords 13-01 27
hazard, to persons or to public or private property in accordance with Section
18.27.060 "Hazardous Conditions" of this title.
C. The issuance of an encroachment 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 specifications attached to the permit and approved by the City Engineer.
A separate permit shall be required for other work.
18.12.260 Time of Operations within Public Rights-of-Way
A. Time of any construction operation pursuant to this title shall be consistent with City
Ordinance No. 94-25. Construction 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
construction 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.
B. Public Works projects of any federal, state or local entity or emergency work by
public utilities are exempt from the provisions of this title.
18.12.280 Responsibility of Permittee
It shall be the responsibility of the permittee to be knowledgeable of the conditions
and/or restrictions placed on the encroachment permit as outlined in the applicable
sections of this title, the Engineering and Construction Manual, and as contained on the
approved construction plans and technical reports. The permittee shall also be
responsible for maintaining a copy of the permit and approved plans at the work site,
and implementing all applicable requirements of the City's Standard Notes, as specified
in and subject to the requirements of the Engineering and Construction Manual.
18.12.300 Contractor Qualifications
All persons performing work pursuant to this title shall have all valid licenses and
insurance required by the State of California and by the City of Temecula.
18.12.320 Protection of Utilities within Public Rights-of-Way
A. During construction operations, the permittee shall be responsible for the
prevention of damage to public utilities or services and for confining construction
activities to the area permitted on the approved plans. This responsibility applies
within the limits of the construction activities and along any routes of travel of
equipment.
B. Before starting any excavation work, the permittee shall be responsible to contact
Underground Service Alert of Southern California and coordinate the proposed
excavation with all interested utility companies, districts and agencies.
Ords 13-01 28
18.12.340 Maintenance of Protective Devices within Public Rights-of-Way
Throughout the duration of the work, the contractor or agent in control of the work (for
which he is encroaching into public rights-of-way pursuant to a permit granted under the
provisions of this chapter), shall maintain in good condition and repair all structures,
planting and other protective devices as per the approved plans or required by the
permit and plans.
18.12.360 Debris on Public Rights-of-Way
The throwing, leaving, maintaining, keeping, placing, dumping, depositing or spilling soil
materials on public rights-of-way shall be strictly prohibited. The permittee shall be
responsible for the complete removal and cleanup of such materials from public rights-of-
way. If the permittee fails to immediately remove said spillage or deposit from the public
rights-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
improvement security in accordance with Section 18.24.140 "Securities" of this title for
this purpose without notice to the owner. An additional cash deposit may be required
prior to resumption of construction to insure the cleanup of public rights-of-way.
Chapter 18.15
DESIGN STANDARDS
Sections:
18.15.020 Cuts
18.15.040 Fills
18.15.060 Setbacks
18.15.080 Terracing and Drainage
18.15.100 Pad Grading
18.15.120 Asphalt Concrete Pavement
18.15.140 Disabled Access
18.15.020 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 Engineering and Construction 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. 1'/2:1 Slope. A cut surFace may be at a slope of one and one-half horizontal to one
vertical (1'/2:1) provided that all the following are met:
1. It is not intended to support structures or surcharges.
2. It is adequately protected against erosion.
3. It is no more than eight feet in height.
Ords 13-01 29
4. Ground water is not encountered.
B. 1:1 Slope. A cut surFace in bedrock shall be permitted to be at a slope of one
horizontal and one vertical (1:1).
18.15.040 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 Engineering and Construction Manual.
Exception: 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.
18.15.060 Setbacks
All setbacks and other restrictions specified in the Engineering and Construction
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.
18.15.080 Terracing and Drainage
Terracing and drainage facilities shall be constructed in accordance with the
Engineering and Construction Manual, unless otherwise approved by the City Engineer.
For subsurface drainage,
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.
B. All canyons and buttress fills shall be provided with sub-drains, approved by the
City Engineer.
18.15.100 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 Engineering and Construction Manual.
18.15.120 Asphalt Concrete Pavement
Asphalt concrete pavement for surfacing of parking lots, private streets, driveways or
other similar uses shall be in accordance with the Engineering and Construction
Manual, unless otherwise approved by the City Engineer.
Ords 13-01 30
18.15.140 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 18.18
EROSION AND SEDIMENT CONTROL
Sections:
18.18.020 Construction Runoff Compliance
18.18.040 Erosion and Sediment Control Systems
18.18.060 Erosion and Sediment Control Plans Required
18.18.080 Erosion and Sediment Control Maintenance
18.18.100 Best Management Practices
18.18.120 Inactive Construction
18.18.140 Additional NPDES Requirements
18.18.020 Construction Runoff Compliance
A. All individual construction and grading projects shall implement measures to
ensure that pollutants: (a) are not discharged from the site, (b) shall be reduced to
the Maximum Extent Practicable (MEP) and (c) will not cause or contribute to an
exceedance of water quality objectives in the local natural watercourses. All
construction and grading activities shall comply 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 Engineering and Construction Manual. Projects
disturbing, exposing or stockpifing one acre or more of soil are also required
to have coverage under the State Construction General Permit and generate
a Storm Water Pollution Prevention Plan (SWPPP);
2. Conduct phased grading operations and minimize grading activities during the
rainy season;
3. Coincide grading with dry weather periods to the extent feasible;
4. Implement additional "Best Management Practices" (BMP's) for all rain
events;
5. 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;
6. Minimize exposure time of disturbed soil areas;
7. Temporarily stabilize and re-seed disturbed soil areas as rapidly as possible;
8. Permanently re-vegetate or landscape as early as feasible;
Ords 13-01 31
9. Stabilize all slopes;
10. Abide by all of the provisions set forth in the State Water Resource Control
Board (SWRCB) National Pollutant Discharge Elimination System (NPDES)
General Permit for construction activity, if applicable. The City must be
provided with a Waste Discharge Identification (WDID) number, the risk level
determination number and the qualified SWPPP Developer (QSD) prior to
issuance of a grading permit.
11. Implement the applicable requirements of the City's standard notes such as
the Grading and Erosion & Sediment Control Notes, as specified in and
subject to the requirements of the Engineering and Construction Manual.
C. The above requirements are applicable to all construction sites regardless of
whether the construction site is subject to the State Construction General Permit or
other individual NPDES permit.
18.18.040 Erosion and Sediment Control Systems
A. All erosion and sediment control measures shall be designed and implemented to
manage storm water and non-storm water discharges from the site at all times in
accordance with the Engineering and Construction Manual, this title, and all state
and federal requirements.
B. References used in identifying functional and practical erosion and sediment
control measures and standards for the planning and design in the City of
Temecula may include the California Stormwater Quality Association's BMP
Handbook for Construction and other equivalent sources.
C. The permittee shall:
1. Be responsible for the control of erosion and sediment discharges on and from
all disturbed areas of grading until issuance of certificate of occupancy, at
which time the BMP's of the Water Quality Management Plan (WQMP) shall be
in place and operational.
2. Implement the required 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 Construction General Permit.
3. Implement additional controls (source and treatment) for construction sites that
are adjacent or tributary to Clean Water Act Section 303(d) water bodies. Each
permittee shall also implement additional controls for construction sites within,
adjacent or discharging directly to environmentally sensitive areas.
4. Conduct construction site inspection for compliance with this title and all applicable
permits.
D. No grading work shall be allowed on any portion of the site when the City Engineer
determines that erosion, mudflow or sediment discharges 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
Ords 13-01 32
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 18.24.120 "Cost Recovery Fees" of this title.
E. All protective devices shown on the erosion and sediment control plan and in the
SWPPP, if applicable, shall be in place within seven days prior to any forecast rain.
If the permittee does not install or maintain erosion and sediment controls or if any
cleanup is required, 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 indirect
costs, extra inspections, supervision and 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 18.24.140 "Securities" of this title is restored by the
permittee.
F. Cut and fill slopes shall be protected to control against erosion and sediment
discharges until sufficient permanent landscaping has been established. One
hundred percent must be in place prior to issuance of certificate of occupancy.
18.18.060 Erosion and Sediment Control Plans Required
A. No grading activity shall 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 title and the
Engineering and Construction Manual.
C. All erosion and sediment control BMP's outlined on the erosion and sediment
control plan shall be shown on the SWPPP, if applicable, and implemented year
round.
D. A copy of the approved erosion and sediment control plan shall be maintained at
the worksite at all times. A working set of approved plans shall be routinely and
frequently modified and updated to ensure effective erosion and sediment control
throughout the duration of construction.
18.18.080 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.
Ords 13-01 33
C. The permittee shall be responsible:
1. For taking necessary precautions to prevent public trespassing onto areas
where impounded water, due to ESC devices, creates a hazardous condition.
Signage indicating "Ponded Water — Do Not Enter" shall be posted.
2. For continual maintenance of the devices during all construction activities.
D. In the event the City Engineer must cause emergency work to be done, he 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.
E. If any grading or clearing subject to Section 18.06.020 "Grading 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 an erosion and sediment
control plan (which must be approved by the City), obtain a valid grading permit
and implement the erosion and sediment control plan accordingly.
18.18.100 Best Management Practices (BMP)
A. Best Management Practices are management practices and operating
procedures/devices executed to prevent or reduce pollutant discharges into public
or private storm water conveyance systems. BMP are effective methods to reduce
the movement of pollutants such as sediment, nutrients, pesticides, etc. from a
construction site to surFace or ground water. The intent of BMP is to significantly
reduce pollutant discharges and protect our bodies of water by maintaining
effective water quality practices. As there may be many potential BMPs to utilize,
careful consideration must be given to selecting the appropriate BMPs to use that
are both practical and effective water quality protective measures.
B. 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 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 state-approved in-channel
work.
4. Additional erosion and sediment control materials shall be stockpiled at various
locations throughout the site for immediate implementation within seven days of
a forecast rain. The developer/contractor shall make equipment and workers for
emergency work available to protect the site.
C. Erosion Control BMPs shall include temporary or permanent erosion control
devices (or both) that comply with City and engineering standards as well as state
and federal requirements.
Ords 13-01 34
D. Temporary site vegetation shall be required, as determined by the City Engineer,
on any disturbed soil areas of the site when construction activities cease
indefinitely and/or when expiration of a grading permit occurs. Temporary site
vegetation shall be performed in accordance with Section 18.06.160 and 18.12.120
"Expiration and Renewal of Issued Grading/Encroachment Permits" of this title.
Temporary vegetation shall not negate any City requirement or condition of
approval to install permanent landscaping.
E. Sediment Control BMPs shall include temporary or permanent sediment control
devices (or both) that comply with City and engineering standards as well as state
and federal requirements.
18.18.120 Inactive Construction
A. A site may be deemed "inactive" when the areas of construction activity are not
active and/or have been active and are not scheduled to be re-disturbed for a
prolonged period, as determined by the City Engineer. Prior to a site becoming
inactive, the following is required:
1. The engineer of record or permittee shall be responsible for submitting written
notification to the City that construction activities will cease prior to completing
the work associated with the approved grading plan;
2. The engineer of record shall validate or revise the erosion and sediment control
plan and BMP implementation program based on the current site conditions;
and
3. The engineer of record shall prepare and submit a BMP implementation plan
(for all disturbed areas) that demonstrates compliance throughout the expected
period of inactivity and establishment of 100% vegetative coverage as the
primary erosion control.
18.18.140 Additional NPDES Requirements
A. All grading activities subject to the regulations of this title shall be designed and
conducted to minimize runoff of all pollutants onto public and private properties
and into state and federal waters as required by this section and the Temecula
Municipal Code, Title 8, Chapter 8.28, Storm Water and Urban Runoff
Management and Discharge Controls.
B. The permittee shall:
1. Obtain coverage under the State Water Resources Control Board's
Construction General Permit to:
a. Submit a Waste Discharge Identification Number and a risk level
determination to the City Engineer,
b. Submit appropriate fees to the SWRCB and
c. Complete all site-specific 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, United States
Environmental Protection Agency or the City Engineer.
Ords 13-01 35
2. Update all plans as construction activities are modified from their original
schedule and/or progress as originally planned.
3. 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 State Water Resources Control Board
and/or City Engineer. NPDES requirements sha�l remain in effect until the Notice
of Termination requirements are fulfilled.
Chapter 18.21
INSPECTIONS FOR CONSTRUCTION, GRADING & ENCROACHMENT WORK
Sections:
18.21.020 Inspections Required
18.21.040 Inspections after Rough Grading
18.21.060 Finallnspections
18.21.080 Requirements of Professional Engineers/Architect
18.21.100 Notification of Noncompliance
18.21.120 Speciallnspections
18.21.140 Stopping and Correction of Work
18.21.020 Inspections Required
All construction, grading and encroachment related work for which a permit is issued,
pursuant to the provisions of this title, shall be subject to inspections by the City
Engineer. The inspections shall be in accordance with this title and the Engineering and
Construction Manual.
18.21.040 Inspections after Rough Grading
Upon final completion of the rough grading work, the City Engineer may require written
approvals, reports, plans and supplements, as specified in and subject to the
requirements of the Engineering and Construction Manual, prior to his inspections.
18.21.060 Finallnspections
The permittee or his or her agent shall notify the City Engineer when the grading
operation is ready for final inspection. Final approval shall not be granted 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 (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.
Ords 13-01 36
18.21.080 Requirements of Professional Engineers/Architect
A. It shall be the responsibility of the civil engineer, who prepared the construction
and/or grading plans, to incorporate the applicable recommendations from the
geotechnical engineering and geology reports and to incorporate any City Engineer
approved alternatives into the construction and/or 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,
cut slopes and pad sizes are as shown on the approved plans.
B. 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. 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. 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 to be approved by the City
Engineer, prior to implementing the change in the field. All ground cover shall
provide 100% coverage within nine months of planting or additional landscaping
shall be required in order to meet this standard.
18.21.100 Notification of Noncompliance
If, in the course of fulfilling their responsibilities under this title, 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
title, 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.
18.21.120 Speciallnspections
The City Engineer may establish special inspection requirements in accordance with
Chapter 17, Section 1704, "Special Inspections", of the California Building Code,
Ords 13-01 37
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.
18.21.140 Stopping and Correction of Work
A. The provisions of Appendix Chapter 1, Administration, Section 114, "Stop Orders",
of the California Building Code shall apply to all construction and grading work.
Whenever the City Engineer 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, the City Engineer 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 18.24.060 "Inspections" of
this title.
C. If the City Engineer 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 permit, he may issue a stop work order until a revised construction
or grading plan has been approved by the City Engineer.
D. If, during the course of any construction 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 satisfaction.
Chapter 18.24
� FEES AND SECURITIES
Sections:
18.24.020 Plan Checking
18.24.040 Permits
18.24.060 Inspections
18.24.080 Refunds
Ords 13-01 38
18.24.100 Review of Geotechnical Reports Fee
18.24.120 Cost Recovery Fees
18.24.140 Securities
18.24.160 Release of Security
18.24.020 Plan Checking
A. Before accepting an application and a set of plans for review, the City Engineer
shall collect all applicable plan checking fees. Separate permits and fees shall
apply to retaining walls or major drainage structures. Atl 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.
B. An application submittal may expire in 180 days from the date of submittal if no
permit has been issued in accordance with Sections 18.06.140 and 18.12.100
"Expiration and Renewal of Grading/Encroachment Application Submittals." If the
application submittal has expired, the applicant shall be required to resubmit a new
application and pay new plan check fees based on the City's current fee schedule.
18.24.040 Permits
A. All applicants requesting a grading permit (for work related to mass, rough,
precise, borrow site/stockpile, erosion and sediment control, administrative
clearing, rock blasting, paving/watercourse alterations), a haul route permit and an
encroachment 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. All permit fees shall be collected prior to issuance of permit.
B. A permit may expire in 180 days from the date of issuance in accordance with
Sections 18.06.160 and 18.12.120 "Expiration and Renewal of Issued
Grading/Encroachment Permits," unless it is formally extended.
1. If the permit has expired, the applicant shall be required to resubmit a new
application and pay a permit issuance fee based on the City's current fee
schedule.
2. If the permit is officially extended, as a condition of said 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. �
C. The fee for a 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 current fee schedule.
D. Failure to pay fees and obtain a permit, before commencing work, shall be deemed
a violation of this title, 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 (per the City
Ords 13-01 39
Engineer) that shall be in addition to the required permit fee for work done prior to
permit issuance. Payment of such fees shall not relieve any person from fully
complying with the requirements of this title.
E. 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.
18.24.060 Inspections
A. All applicants requesting inspections, 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. All inspection fees shall be collected prior to
issuance of permit. ,
B. If there are additional inspection fees owed to the City for prolonged, unforeseen
and unexpected inspection services, the City Engineer shall recover addition fees
(for staff members performing the work) over and above the originally paid
inspection fees at an hourly rate. Said hourly rates shall be established by the
Finance Department and in accordance with applicable City resolution.
C. When any premature inspection request causes the City Engineer to go onsite
before the job is ready for such an inspection, due to the negligence of the
permittee, the City Engineer shall recover said inspection costs based on an hourly
rate fee for each such re-inspection, pursuant to the applicable City resolution. The
fees shall be paid before any further inspections are made.
18.24.080 Refunds
A. After submittal and commencement of processing by the City, no fee (including
plan checking fees, permit fees, inspection fees, etc.) collected pursuant to this
title, shall be refunded in whole or in part, except as provided as follows:
1. 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
permit application has expired or has been withdrawn.
B. No refund shall be made pursuant to this section:
1. If the applicant or permittee has any outstanding debts owed to the City, or if
corrective work remains to be done on the construction site.
2. If a request for refund is submitted to the City more than one year from the date
of payment of the fee as to which a refund is claimed.
18.24.100 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 established, as set forth by City Council resolution.
Ords 13-01 40
18.24.120 Cost Recovery Fees
If the City Engineer determines that it is necessary for the City to cause erosion and
sediment control measures to be installed or site/street cleanup to be done as
emergency work (relating to construction or grading work on private property), the City
Engineer shall charge the property owner all direct and indirect costs that are necessary
to complete the work to his satisfaction for the benefit of the public.
The cost recovery fee structure shall include all actual costs including, but not limited to,
fees due to accelerating emergency work, administrative and legal costs, extra
inspections, supervision and reasonable overhead charges. Any costs assessed against
the property owner under this section may be appealed to City Council in accordance
with Section 18.27.100 "Appeals" of this title.
18.24.140 Securities
A. A permit shall not be issued unless the permittee first posts a security with the City
comprised of a bond, 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 and subject to the requirements of the
Engineering and Construction Manual.
B. All security requirements shall be in compliance with this title, the Engineering and
Construction Manual, the Temecula Municipal Code and all City and engineering
standards.
C. The developer shall warrant the work performed pursuant to any of the
agreements noted above for a period of one year after final acceptance by City
Council of the work and improvements against any defective work or labor done or
defective materials furnished. If within the warranty period any work or
improvement associated with the project fails to fulfill any of the requirements of
the agreements, the developer shall immediately address the defects and repair
and/or replace any defective or otherwise unsatisfactory part of the work.
D. All substitutions of bonds shall be in compliance with this title, the Engineering and
Construction Manual, the Temecula Municipal Code and all City and engineering
standards. If any security is replaced by another approved security, the
replacement shall be filed with City Clerk and, upon filing, shall be deemed to have
been a part of and incorporated into its associated agreement. Upon filing of a
replacement security with City Clerk, the former security may be released.
E. 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 firm►y 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.
Ords 13-01 41
F. 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 title, 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 18.24.120 "Cost Recovery Fees" of this title.
18.24.160 Release of Security
A. The security required by the previous section shall guarantee performance of the
work authorized pursuant to the permit and shall be released upon acceptance of
the work by the City Engineer, as specified in and subject to the requirements of
the Engineering and Construction Manual.
1. Release of Security for Public Improvements. The security furnished for public
improvements shall be eligible for release in accordance with this title, the
Engineering and Construction Manual and all applicable City policies and
procedures.
2. Release of Security for Private Development. The security furnished for private
development shall be eligible for release upon final completion and issuance of
the certificate of occupancy, in accordance with this title, the Engineering and .
Construction Manual and all applicable City policies and procedures.
Chapter 18.27
ENFORCEMENT
Sections:
18.27.020 Powers and Duties of the City Engineer
18.27.040 Violations and Penalties
18.27.060 Hazardous Conditions
18.27.080 Public Nuisance
18.27.100 Appeals
18.27.020 Powers 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 for all
construction, grading and encroachment work to be done, as required by any conditions
of any permit issued pursuant to this title.
Ords 13-01 42
18.27.040 Violations and Penalties
A. It shall be unlawful for any person, firm or corporation to do construction and/or
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 title 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 title 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.
C. Any person, firm or corporation violating any of the provisions of this title 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 title 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 or public rights-
of-way 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 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 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, of the Temecula Municipal Code.
18.27.080 Public Nuisance
For purposes of this title, the following shall constitute a public nuisance:
A. Any construction, grading or other work conducted without a permit, where it is
required by this title.
B. Any construction, grading or other work done in violation of any of the conditions
imposed thereon by a permit issued, pursuant to this title.
C. Any construction, grading or other work, which fails to be done, as required by any
conditions of a permit, issued pursuant to this title.
Ords 13-01 43
D. The existence of a hazardous condition, as defined in Section 18.27.060 of this
title, upon the determination by the City Engineer that such condition exists.
18.27.100 Appeals
A. The applicant, permittee, or any person(s) not satisfied with the decision by the
City Engineer in regards to issuance of a permit or the performance of the
permitted work, may file a written appeal to the City Clerk for a hearing before the
City Council.
B. Any such appeal must be made within three calendar days following the decision.
C. The City Council will set a hearing to consider the appeal at the earliest possible
regularly scheduled City Council meeting.
D. The City Council, after receiving and considering all testimony and pertinent
documents, may:
1. Uphold the City Engineer's decision;
2. Approve the appeal; or
3. Modify the City Engineer's decision, consistent with the requirements of this
title.
Section 5. The provisions of Title 18 shall apply to all grading, haul route and
encroachment permits issued on or after the effective date of this Ordinance.
Section 6. The City Council authorizes and directs the Director of Public
Works/City Engineer to revise the existing 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
"Engineering and Construction Manual for Administrative and Technical Procedures for
Construction, Grading and Encroachment."
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.
Section 8. The proposed amendments to Title 18 of the Temecula Municipal
Code are minor clarifications and constitute a re-organization of Title 18. In addition,
the potential grading and land clearing activities regulated by this Ordinance merely
implement components of the adopted 2005 General Plan that has already received the
appropriate environmental review. Based on this fact, the City Council hereby finds that
the adoption of this Ordinance is exempt from further review pursuant to Sections
15162(a) and 15061(b)(3) of the CEQA 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 substantially.
Moreover, it can be seen with certainty that there is no possibility that the proposed
Ordinance may have a significant effect on the environment, as the regulations herein
Ords 13-01 44
protect against detrimental impacts on the environment by minimizing the impacts of
grading and encroachment work and instituting effective erosion and sediment control.
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 30 day after
adoption pursuant to state law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 22" day of January, 2013.
� �L---_
Michael S. Naggar, Mayor
ATTEST:
Gt/
Susan . Jone � , MMC
it CI k
[SEAL]
Ords 13-01 45
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. 13-01 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 8 day of January, 2013,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 22 day of January, 2013, 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
. n'��
Susan . Jones, MMC
City Clerk
Ords 13-01 46