Chapter 16.41 DEFINITIONS

An “administrative clearing permit” is a permit issued to authorize the clearing, brushing or grubbing of a portion of land beyond that scope exempted from the permit process by the ordinance codified in this Division III. (Ord. 345, 1991)

16.41.015 Advanced treatment.

“Advanced treatment” means using mechanical or chemical means to flocculate and remove suspended sediment from runoff from construction sites prior to discharge. (Ord. 671 § 22, 2008)

16.41.020 Approval.

“Approval” means a written professional opinion by the responsible principal of record concerning the satisfactory progress and completion of the work under his purview. (Ord. 345, 1991)

16.41.030 Approved plans.

“Approved plans” means the most current grading plans which bear the signature or stamp of approval of the City Engineer. (Ord. 345, 1991)

16.41.040 Approved testing agency.

“Approved testing agency” means a facility which spends the majority of its time in the field of applied soil mechanics and foundation engineering; which is equipped to perform and certify the tests and procedures required in this division; and which operations are conducted under the responsible supervision of a registered Civil Engineer with expertise in soil mechanics and foundation engineering. (Ord. 345, 1991)

16.41.050 Archaeologist.

“Archaeologist” means a person who does scientific study of material remains of past life and activity. The City Archaeological/Historical Guidelines describes the prerequisite qualifications of an archaeological/historical consultant. (Ord. 345, 1991)

16.41.060 As-graded.

“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. (Ord. 345, 1991)

16.41.070 Bedrock.

“Bedrock” means in-place solid rock. (Ord. 345, 1991)

16.41.080 Bench.

“Bench” means a relatively level step excavated into earth material on which fill is to be placed. (Ord. 345, 1991)

16.41.090 Borrow.

“Borrow” means earth material acquired from an off-site location for use in grading on a site. (Ord. 345, 1991)

16.41.100 Buttress fill.

“Buttress fill” means an engineered fill designed to stabilize an adverse geologic condition (landslide, adverse bedding, etc.). (Ord. 345, 1991)

16.41.110 Certify or certification.

“Certify or certification” means a signed written statement that the specific inspections and/or tests required have been performed and that the works comply with the applicable requirements of this Division III, the plans, and the permit. (Ord. 345, 1991)

16.41.115 City Building Code.

“City Building Code” means the California Building Code and the International Building Code, as adopted by the City in accordance with PMC 15.04.010. (Ord. 705 § 2, 2010)

16.41.120 City Engineer.

“City Engineer” means the City Engineer of the City or his duly authorized representatives. (Ord. 345, 1991)

16.41.130 City Project Engineer.

“City Project Engineer” means the City employee or agent responsible for coordination of administrative duties on a given project. (Ord. 345, 1991)

16.41.140 Civil engineer.

“Civil engineer” means a professional engineer registered in the State to practice in the field of civil engineering. (Ord. 345, 1991)

16.41.150 Civil engineering.

“Civil engineering” means the application of the knowledge of the forces of nature, principles of mechanics, and the properties of materials to evaluation, design and construction of civil works for the beneficial uses of mankind. (Ord. 345, 1991)

16.41.160 Clearing, brushing and grubbing.

“Clearing, brushing and grubbing” means the removal of vegetation (grass, brush, trees, and similar plant types), manmade structures, environmentally sensitive species and habitats, rock, archaeological artifacts and sites, or other environmentally sensitive features by any means. For purposes of this chapter, references to “clearing” mean clearing, brushing and grubbing individually and separately. (Ord. 345, 1991)

16.41.170 Construction permit.

For the purposes of this division, “construction permit” means any valid permit issued by the City specifically authorizing construction or demolition activities including various building permits, grading permits and right-of-way permits. (Ord. 345, 1991)

16.41.180 Compaction.

“Compaction” means the densification of a fill by mechanical or other acceptable means. (Ord. 345, 1991)

16.41.190 Competent in-place material.

“Competent in-place material” means material designated by the Geotechnical Engineer as being competent to support proposed structures or additional fill without adverse settlement or expansion. This is usually bedrock or natural ground with an in-place density greater than 90 percent of its maximum density. (Ord. 345, 1991)

16.41.200 Concrete drainage structures.

“Concrete drainage structures” means any device constructed, in whole or in part, of concrete cement for the purpose of collecting, diverting, storing or conveying of stormwater runoff; including swales, brow ditches, curbs and gutters, catch-basins, pipes, downdrains, cut-off walls, headwalls or other similar devices. (Ord. 345, 1991)

16.41.210 Contour grading.

“Contour grading” means grading which creates or results in land surfaces that reflect the pregraded natural terrain or that simulates natural terrain (i.e., rounded, nonplanar surfaces and rounded, nonangular intersections between surfaces). (Ord. 345, 1991)

16.41.220 Contractor.

“Contractor” means a contractor licensed by the State to do work by the ordinance codified in this division. A contractor may be authorized to act for a property owner in doing such work. (Ord. 345, 1991)

16.41.230 Crib wall.

“Crib wall” means a crib-type retaining wall as described in the most recent publication of Standard Plans, Department of Transportation, State of California. (Ord. 345, 1991)

16.41.240 Director of Development Services.

“Director of Development Services” means the Director of Development Services of the City or his duly authorized representatives. (Ord. 518, 1999; Ord. 345, 1991)

16.41.250 Earth material.

“Earth material” means any rock, natural soil, or fill, and/or any combination thereof. (Ord. 345, 1991)

16.41.260 Engineering geologic report.

“Engineering geologic report” means a report prepared under the supervision of an Engineering Geologist, geophysicist, or a geologist providing a geologic map of a site, information on geologic measurements and exploration performed on the site and surrounding area, and providing recommendation for remedial measures necessary to provide a geologically stable site for its intended use. (Ord. 345, 1991)

16.41.270 Engineering geologist.

“Engineering geologist” means a person regularly engaged in the practice of engineering geology recognized as an engineering geologist by the Director of Development Services or a geologist certified by the State. (Ord. 518, 1999; Ord. 345, 1991)

16.41.280 Engineering geology.

“Engineering geology” means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil work. (Ord. 345, 1991)

16.41.290 Engineer of work.

The “Engineer of work” means the civil engineer holding a current registration in the State who signed the grading plan approved by the City Engineer. (Ord. 345, 1991)

16.41.300 Erosion.

“Erosion” means the process by which the ground surface is worn away as a result of the movement of wind or water. (Ord. 345, 1991)

16.41.310 Erosion control plan.

An “erosion 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 control methods. The plan shall provide for protection of exposed soils, prevention of discharge of sediment, 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. (Ord. 553, 2002; Ord. 345, 1991)

16.41.320 Erosion control system.

“Erosion 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. (Ord. 345, 1991)

16.41.330 Excavation.

“Excavation” means any act by which soil, sand, gravel or rock is cut into, dug, quarried, uncovered, removed or relocated, and shall include the conditions resulting therefrom. (Ord. 345, 1991)

16.41.340 Expansive soils.

“Expansive soils” means any soil with an expansion index greater than 20, as determined by the Expansive Index Tests (UBC Standards 29.2). (Ord. 345, 1991)

16.41.350 Fault.

“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). (Ord. 345, 1991)

16.41.360 Fill or embankment.

“Fill” or “embankment” means a deposit of soil, sand, gravel, rock, or other material placed by artificial means. (Ord. 345, 1991)

16.41.370 Geohydrology.

“Geohydrology” means all groundwater information, water-well usage rate requirements, seepage elevations, pollution evaluations, projected usage rate considerations, evaluations of impact of existing and future users, and long-term projections appropriate to site development. (Ord. 345, 1991)

16.41.380 Geologic hazard.

“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 claystone beds and oversteepened slopes;

B. Deposits potentially subject to liquifaction, 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 groundwater table. (Ord. 345, 1991)

16.41.390 Geotechnical report.

“Geotechnical report” means a report which contains all appropriate soil engineering, geologic, geohydrologic, and seismic information, evaluation, recommendations and findings. This type of report combines both engineering geology and soil engineering reports. (Ord. 345, 1991)

16.41.400 Grade.

“Grade” means the vertical elevation of the ground surface.

A. “Existing grade” means the ground surface 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 approved record drawings.

C. “Natural grade” (or “natural ground”) means the ground surface unaltered by artificial means.

D. “Rough grade” means the stage at which the work is in to precise conformance with the approved plan and when all excavations for drainage structures and retaining walls are complete. (Ord. 345, 1991)

16.41.410 Grading.

“Grading” means any process of excavation or filling, including paving over exposed ground surface, or combination thereof. (Ord. 705 § 2, 2010; Ord. 345, 1991)

16.41.420 Grading contractor.

“Grading contractor” means a contractor licensed and regulated by the State who specializes in grading work or is otherwise licensed to do grading work. (Ord. 345, 1991)

16.41.430 Grubbing.

“Grubbing” means the removal of roots and stumps. (Ord. 345, 1991)

16.41.440 Guide to landscape requirements.

“Guide to landscape requirements” means the most recent guideline containing information concerning the design, installation, and maintenance of landscape and irrigation systems and fire-fuel control, as adopted by the City Council by resolution. (Ord. 345, 1991)

16.41.445 Implementing agreement (IA).

“Implementing agreement (IA)” means the legally binding agreement that specifies the responsibilities and obligations of the City of Poway/Poway Redevelopment Agency (City) to implement the adopted City of Poway subarea habitat conservation plan (Poway subarea HCP), as fully executed by the City, U.S. Fish and Wildlife Service, and California Department of Fish and Game. (Ord. 449 § 3, 1995)

16.41.450 Key.

“Key” means a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. (Ord. 345, 1991)

16.41.460 Keyway.

“Keyway” means an excavated trench into competent earth material beneath the toe of the proposed fill slope. (Ord. 345, 1991)

16.41.470 Landscape architect.

“Landscape architect” means a landscape architect registered by the State. (Ord. 345, 1991)

16.41.480 Landslide.

“Landslide” means the downward and outward movement of soil, sand, gravel, rock or fill or a combination thereof. (Ord. 345, 1991)

16.41.490 Mined lands.

“Mined lands” includes the surface, subsurface and groundwater 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. (Ord. 345, 1991)

16.41.500 Minerals.

“Minerals” are any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, aggregate, coal, peat and bituminous rock, but excluding geothermal resources, natural gas and petroleum. (Ord. 345, 1991)

16.41.510 Mining waste.

“Mining waste” includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other material or property directly resulting from, or displaced by, surface mining operations. (Ord. 345, 1991)

16.41.515 Municipal separate storm sewer system (MS4).

“Municipal separate storm sewer system (MS4)” shall have the same meaning as “stormwater conveyance system” as set forth in PMC 8.68.020. (Ord. 671 § 23, 2008)

16.41.520 Natural terrain.

“Natural terrain” means the lay of the land prior to any grading or other artificial landform modification. (Ord. 345, 1991)

16.41.530 Owner.

“Owner” means any person, agency, firm or corporation having a legal, possessory or equitable interest in a given real property. (Ord. 345, 1991)

16.41.540 Overburden.

“Overburden” means soil, rock or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal. (Ord. 345, 1991)

16.41.550 Paleontologist.

“Paleontologist” means a person who has a minimum of a master’s degree in geology with a focus on paleontology with demonstrated local paleontological experience including paleontological field survey work and museum-level identification of paleontological samples. (Ord. 345, 1991)

16.41.560 Permittee.

“Permittee” means any person or owner to whom a permit is issued pursuant to this code. (Ord. 345, 1991)

16.41.570 Precise conformance.

“Precise conformance,” for the purposes of the ordinance codified in this division, 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 (riprap 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). (Ord. 345, 1991)

16.41.580 Precise grading.

“Precise grading” means grading that is based on approved plans which show the precise locations of structures, finished elevations, drainage details and all on-site improvements on a given property, including concrete or bituminous pavement surfacing on natural or existing grade in excess of 10,000 square feet for any commercial, industrial, multiresidential, or other parking lot. (Ord. 705 § 2, 2010; Ord. 655 § 3, 2007; Ord. 345, 1991)

16.41.590 Rainy season.

“Rainy season” means the period beginning October 1st and ending April 30th in the next calendar year. (Ord. 553, 2002; Ord. 345, 1991)

16.41.600 Reclamation.

“Reclamation” means the process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines. Mined lands must be reclaimed to a usable condition, be readily adaptable for alternate land uses, create no danger to public health and safety, and be consistent with the general plan, zoning ordinance and applicable specific plans. The process may extend to affected land and surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures. (Ord. 345, 1991)

16.41.610 Record drawings.

“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. (Ord. 345, 1991)

16.41.620 References.

Unless indicated otherwise, “references” means references to civil engineer, soil engineer, geologist, landscape architect, and engineering geologist referring to the professional person(s) preparing, signing, or approving the project plans and specifications which comprise the approved grading or landscape-irrigation plan, or his successor appearing pursuant to this division. (Ord. 345, 1991)

16.41.630 Relative compaction.

“Relative compaction” means the in-place dry density expressed as a percentage of the maximum dry density. (Ord. 345, 1991)

16.41.640 Retaining wall.

“Retaining wall” means a wall designed to resist the lateral displacement of soil or other materials, and shall not include “crib walls,” slope stabilizing systems, or other proprietary processes unless a positive determination is made by the City Engineer in writing. (Ord. 345, 1991)

16.41.650 Rough grading.

“Rough grading” means grading that is based on approved plans which show finished elevations, interim building pad elevations and drainage to the degree required by the City Engineer. (Ord. 705 § 2, 2010; Ord. 345, 1991)

16.41.660 Routine landscaping.

“Routine landscaping” means maintenance of existing landscaping features, removal of dead or diseased trees or shrubs, and planting and irrigating new trees, shrubs, and ground cover in accordance with the landscape grading exemption. Routine landscaping shall not extend into previously undisturbed natural areas or open space easements. (Ord. 345, 1991)

16.41.670 Site.

“Site” means any lot or parcel of land or contiguous lots or parcels, or combination thereof, where grading is performed or permitted. (Ord. 345, 1991)

16.41.680 Slope.

“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. (Ord. 345, 1991)

16.41.690 Slope revegetation.

“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. (Ord. 345, 1991)

16.41.700 Slope stability.

“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. (Ord. 345, 1991)

16.41.710 Soil.

“Soil” means earth material of whatever origin, overlying bedrock, and may include the decomposed zone of bedrock which can be readily excavated by mechanical equipment. (Ord. 345, 1991)

16.41.720 Soils Engineer.

“Soils Engineer” means a civil engineer duly registered in the State, who:

A. Is engaged in the practice of civil engineering and spends a majority of his time in the field of applied soil mechanics and foundation engineering;

B. Has at least four years of responsible practical experience in the field of applied soil mechanics; and

C. Has access to an adequately equipped soils testing laboratory. (Ord. 345, 1991)

16.41.730 Soils engineering.

“Soils engineering” means the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof. (Ord. 345, 1991)

16.41.740 Soils engineering report.

“Soils engineering report” means a report prepared under the responsible supervision of a soils engineer and approved by the City Engineer or his representative which includes:

A. Preliminary information concerning engineering properties of soil and rock on a site prior to grading, present, historical and future groundwater levels, analysis for both gross and surficial slope stability, fill settlement, liquifaction potential, alluvium deposits, describing locations of these materials and providing recommendations for preparation of the site for its intended use;

B. Grading report, including information on site preparation, compaction of fills placed, providing recommendations for structural design and approving the site for its intended use. (Ord. 345, 1991)

16.41.750 Stockpile.

“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. (Ord. 345, 1991)

16.41.755 Poway subarea HCP.

“Poway subarea HCP” means the City of Poway subarea habitat conservation plan. (Ord. 449 § 3, 1995)

16.41.760 Suitable material.

“Suitable material” means any soil or earth material which, under the criteria of this division or under the criteria of an approved geotechnical report, is suitable for use as fill or for other intended purpose. (Ord. 345, 1991)

16.41.770 Sulfate (SO4).

“Sulfate (SO4)” means a chemical compound occurring in soil or water which, in concentration, has a corrosive effect on ordinary Portland cement concrete and some metals. (Ord. 345, 1991)

16.41.780 Terrace.

“Terrace” means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. (Ord. 345, 1991)

16.41.790 Topsoil.

“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. (Ord. 345, 1991)

16.41.800 Uniform Administrative Code.

“Uniform Administrative Code” means the latest version of the Uniform Administrative Code as adopted by the City in accordance with PMC 15.02.010. (Ord. 705 § 2, 2010; Ord. 345, 1991)

16.41.810 Unsuitable material.

“Unsuitable material” means any soil or earth material having properties or characteristics which, under the criteria of this division or under the criteria contained in any approved geotechnical report, make it unsuitable for use as fill and/or for any other intended use. These properties or characteristics include, but are not limited to: organic content of the material exceeds three percent; rock diameters exceeding 12 inches; the presence of concrete or asphalt; or the presence of expansive soils within four feet of finish grade of any area intended or designed as a location for a building. (Ord. 345, 1991)

16.41.820 Wetlands.

“Wetlands” means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For the purposes of this classification, wetlands must have one or more of the following three attributes:

A. At least periodically, the land supports predominantly hydrophytes;

B. The substrate is predominantly undrained hydric soil; and/or

C. The substrate is nonsoil and is saturated at some time during the growing season of each year. (Ord. 345, 1991)