Whenever, in this chapter and the grading manual, or in any resolution or standard adopted by city council pursuant to this chapter, 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:
“Accessibility” means the combination of various elements in a building or area, which allows access, circulation, and the full use of the building and facilities by handicapped persons.
“Accessible route of travel” means the continuous unobstructed path connecting all accessible elements and spaces in an accessible building or facility that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by persons with other disabilities, and that also is consistent with the definition of “path of travel”.
“Applicant” means any person, corporation, partnership association of any type, public agency or any other legal entity who submits an application for a grading permit pursuant to this chapter.
“Approval” means that the proposed work or completed work conforms to the requirements of this chapter, in the opinion of the city engineer.
“Approved plans” means the current grading plans which bear the acceptance or signature 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 Management Practices or BMPs” defined in 40 C.F.R. 122.2 as schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
“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.).
“City engineer” means the director of public works/city engineer of the city or his or her duly delegated representative.
“Civil engineer” means a professional engineer registered in the state of California to practice in the field of civil engineering.
“Clearing, brushing, and grubbing” means the removal or disturbance of vegetation (grass, brush, trees, and similar plant types), weed abatement, man- made structures, environmentally sensitive species and habitats, rocks, archaeological artifacts and sites, or other environmentally sensitive features by any means for purposes of development or compliance with laws, rules or regulations. For purposes of this chapter, a reference to “clearing” means clearing, brushing and grubbing individually and separately.
“Compaction” is the densification of a fill by mechanical or other acceptable means.
“Construction site” means any project requiring a local grading or building permit, including projects requiring coverage under the general construction permit that involves soil-disturbing activities. “Soil- disturbing activities” include clearing, grading, disturbances to ground such as stockpiling and excavation.
“Contour grading” means grading that creates or results in land surfaces that reflect the pre-graded natural terrain or that simulates natural terrain (i.e. rounded, non-planer surfaces and rounded, non-angular intersections between surfaces).
“Crib wall” means a crib-type wall as described in the most recent publication of “Standard Plans”, Department of Transportation, State of California.
“Cross-lot drainage” means any drainage course created through grading or excavation that crosses onto another lot either within or outside the subdivision or construction site.
“Curb cut” means the interruption of a curb at a pedestrian way, which separates surfaces that are substantially at the same elevation.
“Curb 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.
“Cut.” See definition for “Excavation.”
“Dry season” means May 1 through September 30 of each year.
“Engineer of record” means the professional engineer holding a current registration in the state of California who supervised the design and signed the grading plan accepted by the city engineer.
“Erosion” means the process by which the ground surface is worn away as a result of the movement of wind or water. Often the eroded debris (silt or sediment) becomes a pollutant via stormwater runoff.
“Erosion and Sediment Control Plan” is a plan prepared under the direction of and signed by a civil engineer competent in the preparation of such plans and knowledgeable about current erosion and sediment control methods. Said plan shall provide for protection of exposed soils and desiltation of runoff at frequent intervals along flowage areas, at entrances to storm drains, at entrances to streets and driveways, and at the exit of the area being graded.
“Erosion and sediment control system” means any combination of desilting facilities, retarding basins, flow decelerators, and/or erosion protection (including effective planting and the maintenance thereof) to protect the project site, adjacent private property, watercourses, public facilities, graded improvements, existing natural features, archaeological artifacts, and to relieve waters of suspended sediments or debris prior to discharge from the site.
“Excavation” or “cut” means an act by which soil, sand, gravel, or rock is cut into, dug, quarried, uncovered, removed, or relocated, and shall include the conditions resulting therefrom.
“Expansive soils” is any soil with an expansion index greater than twenty (20), as determined by the Expansive Index Tests of the California Building Code.
“Fault” means a fracture in the earth's crust along which movement has occurred. A “fault,” as defined by the California Division of Mines and Geology, is considered active if the movement has occurred within the last eleven thousand years (Holocene geologic time).
“Fill” means a deposit of soil, sand, gravel, rock, or other material placed by artificial means.
“Finish grade” means the final grade of the site, which conforms to the city-approved plans, approved construction changes or approved record drawings.
“Fugitive dust” means the particulate matter entrained in the ambient air as a result of man-made fugitive dust sources as determined by South Coast Air Quality Management District Rule 403.
“General construction permit” means the permit issued by the SWRCB to regulate discharges from construction activity.
“Geohydrology” 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.
“Geologic 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 engineering report” means a geotechnical report prepared under the responsible supervision of a geotechnical engineer and approved by the city engineer or his or her representative, which includes:
A. Preliminary information concerning engineering properties of soil and rock on a site prior to grading, present, historical and future groundwater levels, analysis for both gross and surficial slope stability, fill settlement, liquefaction potential, alluvium deposits, describing locations of these materials and providing recommendations for preparation of the site for its intended use.
B. A grading report which includes information on site preparation, compaction of fills placed, providing recommendations for structural design and approving the site for its intended use.
“Grade” means the vertical location of the ground surface.
A. “Natural grade” or “natural ground” means the ground surface unaltered by artificial means.
B. “Existing grade” means the ground surface prior to grading.
C. “Rough grade” means the stage at which the work is in precise conformance with the approved plan and when all excavations for drainage structures and retaining walls are complete.
“Grading” means any process of excavating or filling or combination thereof.
“Grading contractor” means a contractor licensed and regulated by the state of California who specializes in grading work or is otherwise licensed to do grading work.
“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 twenty percent (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 affect on adjacent property.
“Key” means a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.
“Keyway” means an excavated trench into competent earth material beneath the toe of the proposed fill slope.
“Landslide” means a perceptible downslope movement of rock, soil, or artificial fill ranging in speed from moderately slow (slump) to very rapid (avalanche).
“Maximum extent practicable (MEP)” means the technology-based standard established by congress in the Clean Waters Act, Section 402(p)(3)(B)(iii) that operators of MS4 permits must meet. To achieve the MEP standard, municipalities must employ whatever best management practices are technically feasible (i.e. are likely to be effective) in combination with treatment methods serving as a backup.
“Mined lands” includes the surface, subsurface, and ground waters 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 system (MS4)” means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and/or operated by the city of Murrieta, and is designated or used for collecting or conveying stormwater.
“Natural terrain” means the lay of the land prior to any grading or other artificial landform modification.
“NPDES or “National Pollution Discharge Elimination System” shall mean the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits and imposing and enforcing pretreatment requirements under Sections 307, 318, 402, and 405 of the CWA.
“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.
“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.
“Permit” means the authorization issued pursuant to this chapter, 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 chapter.
“Person” means an individual, association, partnership, corporation, municipality, state or federal agency, or an agent or employee thereof (40 C.F.R. 122.2).
“Pollutant” means any agent that may cause or contribute to the degradation of water quality such that a condition of pollution or contamination is created or aggravated.
“Precise conformance” for purposes of this chapter, means:
A. Pad elevations within plus or minus four- tenths of a foot of planned elevation or approved construction change;
B. Street subgrade within plus or minus four hundredths of a foot of planned elevation or approved construction change;
C. Slope grades within plus or minus one foot of planned elevation or approved construction change;
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 of one percent of planned slope or approved construction change; and
F. Structures within the tolerances specified in the latest adopted version of the Standard Specifications for Public Works Construction (Green Book).
“Precise grading permit” means a permit that is issued on the basis of approved plans that show the precise locations of structures, finished elevations, drainage details and all on-site improvements on a given property.
“Priority development projects” means new development and redevelopment projects, as indicated in the city's NPDES permit requirements.
“Quarrying” means the process of removing or extracting stone, rock, or similar materials from an open excavation for financial gain.
“Record drawings” 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.
“Regional Water Quality Control Board” (RWQCB) means the Regional Water Quality Control Board for the San Diego Region, which includes the city of Murrieta.
“Retaining wall” means a wall designed to resist the lateral displacement of soil or other materials.
“Rough grading permit” means a permit that is issued on the basis of approved plans that show finished elevations, interim building pad elevations and drainage.
“Site” means the real property on which activities subject to this chapter may occur.
“Slope” 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 revegetation” 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 stability” shall be defined as follows:
A. “Gross stability” means the factor of safety against failure of slope material located below a surface approximately three to four feet deep, measured from and perpendicular to the slope face.
B. “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 Quality Management 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.
“Standard Urban Stormwater Mitigation Plan (SUSMP)” also known as “Water Quality Management 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 priority development projects.
“State Water Resources Control Board” (SWRCB) means the regulatory authority that allocates water rights, adjudicates water right disputes, develops statewide water protection plans, establishes water quality standards, and guides the nine Regional Water Quality Control Boards located in the major watersheds of the state.
“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.
“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.
“Stormwater” means surface runoff and drainage associated with storm events.
“Stormwater Management Plan (SWMP)” means a plan submitted in connection with an application for a city permit or other city approval, identifying the measures that will be used for stormwater and non- stormwater management during the permitted activity.
“Stormwater Pollution Prevention Plan (SWPPP)” means a document (other than a stormwater management plan), which meets the requirements set out in the state General Construction Stormwater permit or the state General Industrial Stormwater permit. The SWPPP submitter to the city must describe the BMPs to be implemented to meet the requirements of this chapter.
“Subbase” means a layer of specified material of planned thickness between a base and the subgrade.
“Subgrade” means the soil prepared to support structures, or that portion of the roadbed on which pavement, surfacing, base or subbase, or layer of other material is placed.
“Terrace” means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.
“Topsoil” means soil which is within the uppermost horizon of a soil profile, and which contains organic matter, nutrients and microorganisms necessary for plant growth.
“Ultimate right-of-way” means the right-of-way shown as ultimate on an adopted precise plan of highway alignment, or a street right-of-way shown within the boundary of a recorded tract map, or a recorded parcel map. The latest adopted or recorded document in the above cases shall take precedence. If none of these exist, the “ultimate right-of-way” shall be considered to be the right-of-way required by the highway classification as shown on the Master Plan of Arterial Highways. In all other instances, the “ultimate right-of-way” shall be considered to be the existing right-of-way.
“Watercourse” means a permanent or intermittent stream or other body of water, either natural or improved, which gathers or carries surface water.
“Waters of the state” means any water, surface or underground, within the boundaries of the State, including an MS4.
“Watershed” means the geographical area which drains to a specified point on a watercourse, usually a confluence of streams or rivers, also know as a drainage area, catchment, or river basin.
“Wet season” means October 1 through April 30.
(Ord. 349 § 4 (part), 2006: Ord. 97 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 8.12.100.804)