Chapter 15.40
EXCAVATION AND GRADING

Sections:

15.40.010    Purpose.

15.40.020    Definitions.

15.40.030    Landscape guidelines manual.

15.40.040    Permits required.

15.40.050    Removal of vegetation.

15.40.060    Elimination of hazards.

15.40.070    Grading permit requirements.

15.40.080    False statements in application or plans.

15.40.090    Permit limitations and conditions.

15.40.100    Denial of permit.

15.40.110    Bond required.

15.40.120    Regulation of excavation.

15.40.130    Regulation of fills.

15.40.140    Slope location and setbacks.

15.40.150    Drainage requirements.

15.40.160    Planting of slopes.

15.40.170    Storm damage precautions – Generally.

15.40.180    Storm damage precautions – Incomplete work.

15.40.190    Storm damage precautions – Effect of noncompliance.

15.40.200    Lot grading – Responsibility of permittee – Protection of adjacent property.

15.40.210    Lot grading – Safety precautions.

15.40.220    Minimum BMPs for land disturbance activities.

15.40.230    Grading inspection and supervision – Controlled or regular grading restrictions.

15.40.240    Responsibility of permittee.

15.40.250    Reports required.

15.40.260    Appeals.

15.40.270    Depositing materials upon public or private property.

15.40.280    Violations.

15.40.290    Penalties.

15.40.010 Purpose.

The purpose of this chapter is to establish minimum requirements for grading, excavating and filling of land, to provide for the issuance of permits and to provide for the enforcement of the requirements. These provisions are supplementary and additional to the subdivision and zoning ordinances of the city and shall be read and construed as an integral part of these chapters and the land development patterns and controls established thereby. It is the intent of the city council to protect life and property and promote the general welfare; enhance and improve the physical environment of the community; and preserve, subject to the economic feasibility, the natural scenic character of the city. The provisions of this chapter shall be administered to achieve, to the extent possible, the following goals:

A. Ensuring that future development of lands occurs in the manner most compatible with surrounding areas and so as to have the least effect upon other persons or lands, or upon the general public;

B. Ensuring that soil will not be stripped and removed from lands in the city, leaving the same barren, unsightly, unproductive, and subject to erosion and the hazards of subsidence and faulty drainage;

C. Encouraging the planning, design and development of building sites in such fashion as to provide the maximum in safety and human enjoyment, while adapting development to and taking advantage of the best use of the natural terrain;

D. Encouraging and directing special attention toward retention, insofar as practical, of the natural planting and a maximum number of existing trees;

E. Ensuring that pollutants discharged from the site will be reduced to the maximum extent practicable and will not cause or contribute to an exceedance of water quality objectives;

F. Ensuring compliance with the city’s storm water rules and regulations found in Chapter 13.10 SBMC and the City of Solana Beach SUSMP and in all implementing regulations which include the Jurisdictional Urban Runoff Management Program, the city’s storm water manual and San Diego Regional Water Quality Control Board NPDES Permit No. R9-2007-0001, as amended. (Ord. 381 § 1, 2008; Ord. 278 § 1, 2002; Ord. 74 § 1, 1988; 1987 Code § 11.40.010)

15.40.020 Definitions.

Whenever the following words, terms or phrases are used in this chapter, they shall be construed as defined in the following subsections unless from the context in which the word, term or phrase is used a different meaning is specifically denied or intended:

“Bedrock” means the relatively solid, undisturbed rock in place either at the ground surface or beneath surficial deposit of gravel, sand or soil.

“Civil engineer” means a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the state.

“Excavation” means any earth, sand, gravel, rock or other similar material which is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed by man and the conditions resulting therefrom.

“Fill” means deposits of soil, rock or other similar irreducible materials placed by man.

“Finished grade” means the vertical location of the ground surface upon completion of any excavation or fill.

“Geologist” means a person holding a valid certificate of registration as a geologist in the specialty of engineering geology issued by the state under provisions of the Geologist Act of the Business and Professions Code.

“Grading” means any excavation or fill or combination thereof.

“Grading engineer” means the civil engineer responsible for the observation of the grading in accordance with the requirements of SBMC 15.40.240.

“Natural grade” means the vertical location of the ground surface prior to any excavation or fill.

“Rough grade” means the elevation of the ground surface established by grading that approximates the final elevation shown on the approved design.

“Site” means any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is proposed or performed.

“Soil testing agency” means an agency regularly engaged in the testing of soils under the direction of a civil engineer experienced in soil mechanics (a soils engineer).

“Soils engineer” means a civil engineer experienced in soils mechanics who investigates and reports on the stability of existing or proposed slopes, controls the installation and compaction of fills, recomm ends soil-bearing values and provides design criteria and calculations for special earth structures such as buttress fills.

“Uncontrolled stockpile” means any fill placed on land for which no soil testing was performed or no compaction reports or other soil reports were prepared or submitted. (Ord. 381 § 1, 2008; Ord. 74 § 1, 1988; 1987 Code § 11.40.020)

15.40.030 Landscape guidelines manual.

The city council may, by resolution, adopt a landscape guidelines manual to provide for plans, programs and standards for landscaping, fire suppression, open space easement maintenance, erosion control, drainage, planting and irrigation. Upon adoption, the contents of that manual shall be part of the requirements of this chapter. Any permits issued pursuant to this chapter or any development approved pursuant to the subdivision and zoning ordinance shall comply with the provisions of that manual. (Ord. 381 § 1, 2008; Ord. 278 § 1, 2002; Ord. 74 § 1, 1988; 1987 Code § 11.40.030)

15.40.040 Permits required.

A. Except as provided in this section, no person shall do any grading without first having obtained a grading permit from the city engineer. A grading permit is not required for the following unless the provisions of this chapter specifically provide otherwise:

1. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure;

2. Cemetery graves in a permitted cemetery;

3. Refuse disposal sites controlled by other regulations within approved refuse disposal areas;

4. Excavations for wells or tunnels or utilities;

5. Exploratory excavations under the direction of soils engineers or engineering geologists;

6. A fill on any site or contiguous sites held under one ownership in which all of the following are found to exist:

a. None of the fill exceeds three feet in vertical height;

b. None of the fill is placed on an existing slope steeper than five units horizontal to one vertical;

c. The fill does not change or adversely affect the existing drainage pattern;

d. The toe of the fill is no closer than three feet to an exterior property line; and

e. The fill does not exceed 100 cubic yards of material per each 8,000 square feet of area or portion thereof;

7. Grading in an isolated self-contained area if the city engineer finds that no present or future danger to private or public property can result from grading operations.

B. Notwithstanding the exceptions stated in subsections (A)(4) and (6) of this section, a grading permit is required for all grading on property which contains or is located immediately adjacent to a coastal or inland bluff, on slopes with any inclination of 25 percent or more, or on any wetland or floodway area. For the purposes of this section, a bluff is any natural or manmade geological feature having a vertical elevation difference of more than 10 feet and a slope inclination one horizontal to one vertical. (Ord. 381 § 1, 2008; Ord. 74 § 1, 1988; 1987 Code § 11.40.040)

15.40.050 Removal of vegetation.

A. Clearing and grubbing of vegetation done in preparation for land development shall not be undertaken until all discretionary approvals for the land development project have been issued and a grading permit for the project has been obtained. “Clearing and grubbing” means the removal of any and all types of vegetation, roots, stumps, or other plant material and the clearing or breaking up of the surface of land by digging. This section shall not prohibit routine landscape maintenance, the removal of dead or diseased trees or shrubs, or the removal of vegetation upon the order of the fire marshal in order to eliminate a potential fire hazard, or to the abatement of weeds.

B. No person shall undertake any grading or clearing and grubbing operations on previously undisturbed land, land covered by native vegetation, or upon land which had not been used for agricultural purposes for five years immediately prior to the institution of the grading operation for the purpose of conducting agricultural activities unless a permit therefor has been issued by the city council. Such a permit may be issued by the city council if it determines that the agricultural operation will not cause damage to any environmentally sensitive areas and not cause the elimination of any significant wildlife habitat or riparian area. A grading permit issued in accordance with the provisions of this chapter shall also be required for any agricultural grading done pursuant to this section. (Ord. 381 § 1, 2008; Ord. 74 § 1, 1988; 1987 Code § 11.40.050)

15.40.060 Elimination of hazards.

Whenever the city engineer determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of such property, upon receipt of notice in writing from the city engineer shall, within the period specified therein, repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this code. (Ord. 381 § 1, 2008; Ord. 74 § 1, 1988; 1987 Code § 11.40.060)

15.40.070 Grading permit requirements.

A. Environmental Protection Procedures. Prior to application for a grading permit, the applicant shall comply with all environmental protection procedures regulated by state law or local ordinance.

B. Application. Applications for a grading permit shall be filed with the community development director on a form furnished for that purpose. Every such applicant shall:

1. Describe the land on which the proposed work is to be performed by lot, block, tract and by a street address or by similar description sufficient to readily identify and definitely locate the site;

2. State the name and address of the owner of such land, the person who is to perform the work, and the supervising grading engineer if such work is to be performed as controlled grading according to SBMC 15.40.230;

3. Be accompanied by plans, specifications and calculations as may be required by subsection C of this section;

4. State the volume of the material to be handled;

5. Be signed by the applicant or his authorized agent, who may be required to submit evidence of such authority;

6. Give such other information as reasonably may be required by the city engineer.

C. Plans and Specifications. Each application for a grading permit shall be accompanied by three sets of plans and specifications and shall be prepared and signed by a civil engineer. The plans shall show the following:

1. A vicinity sketch or other means of adequately indicating the site location;

2. Boundary lines of the property on which the work is to be performed;

3. Each lot or parcel of land into which the site is proposed to be divided;

4. All of the proposed uses of the site and, if the site is to be divided, the proposed use of each lot or parcel of land;

5. Location of any existing buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on adjacent land which are within 15 feet of the property line;

6. Accurate contours showing the topography of the existing ground;

7. Elevation, location, extent and slope of all proposed grading shown by contours, cross-sections or other means and location of any rock disposal areas, buttress fills or other special features, if such are proposed to be included in the work;

8. A statement, including calculations in sufficient detail to verify reported volume, of the quantities of material to be excavated and/or filled and the amount of such material to be imported to, or exported from, the site;

9. A statement of the estimated starting and completion dates for work covered by the permit;

10. A statement signed by the owner acknowledging that a civil engineer, soils engineer and/or geologist will be employed to give technical advice and consultation or observe the work, whenever approval of the plans and issuance of the permit are to be based on the condition that such professional persons be so employed;

11. Detailed plans of all drainage devices, walls, cribbing, or other protective devices to be constructed in connection with, or as a part of, the proposed work, together with a map showing the drainage area and estimated runoff of the area served by any drains;

12. Any additional plans, drawings or calculations deemed necessary by the city engineer to show conformance of the proposed work with the requirements of this code or related ordinances.

D. Engineering Geological Reports. The city engineer may require an engineering geological investigation and report, based on the most recent grading plan. The engineering geological report shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geologic conditions on the proposed development. Recommendation included in the report and approved by the city engineer shall be incorporated in the grading plans or specifications.

E. Soils Reports. The city engineer may require a soils investigation and report based on the most recent grading plan. Such reports shall include data regarding the nature, distribution and strength of existing soils’ recommendations for grading procedures and design criteria for corrective measures, if required. Recommendations included in the report and approved by the city engineer shall be incorporated in the final grading plans or specifications.

F. Fees.

1. Plan Checking Fee. Before accepting an application for a grading permit for processing, the city engineer shall collect a plan checking fee and shall be required as a condition of approval of the grading permit. For each excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater. Separate permits and fees shall apply to plans or permits for retaining walls or major drainage structures. There shall be no separate charge for standard terrace drains and similar facilities shown on the grading plans. The amount of the plan checking fee for grading plans shall be paid to the city in accordance with this section and shall be established from time to time by city council resolution.

2. Grading Permit Fee. Before issuance of a grading permit, the applicant shall pay to the city a fee for each grading permit in an amount established from time to time by city council resolution. The fee for a grading permit authorizing additional work to that under an existing, valid grading permit shall be the difference between the fee paid for the original permit and the fee established for the entire project. (Ord. 381 § 1, 2008; Ord. 74 § 1, 1988; 1987 Code § 11.40.070)

15.40.080 False statements in application or plans.

No person who prepares or signs any application or plans or drawings shall wilfully make any false statement or furnish false data therein or thereon. (Ord. 381 § 1, 2008; Ord. 74 § 1, 1988; 1987 Code § 11.40.240)

15.40.090 Permit limitations and conditions.

All grading permits shall be subject to the limitations and conditions established by this section:

A. General Conditions. The issuance of a grading permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the grading plans and specifications approved by the city engineer.

B. Jurisdictions of Other Agencies. Permits issued under the provisions of this code shall not relieve the owner of the responsibility for securing all other permits or licenses required for the proposed development with grading, including but not limited to permits or licenses issued by the state or federal government or any agencies of those governments. Evidence of existing coverage under the general construction NPDES permit shall be provided to the city.

C. Time Limits. The permittee shall fully perform and complete all of the work required to be done pursuant to the grading permit within the time limit specified therein or, if no time is so specified, within 180 days after the date of issuance of the permit. The time limit specified may be extended by the city engineer upon written request of the permittee, owner or surety if, in the discretion of the city engineer, good and sufficient cause has been shown.

D. Conditions of Approval. In granting any permit under this code, the city engineer may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to:

1. Improvement of any existing grading to bring it up to the standards of this code;

2. Requirements for fencing of excavations or fills which would otherwise be hazardous;

3. Establishment of haul routes;

4. Requirements for dust or noise control;

5. Requirements for erosion and sediment control;

6. Requirements for storm water and nonstorm water control.

E. Modification of Approved Plans. Any modifications of or changes in the approved grading plans must be approved by the city engineer in writing before any modified grading is done. Modification or change to approved plans shall be supported by the information required by SBMC 15.40.060. The city engineer may require the issuance of a new grading permit or may note the modifications on the originally approved plans.

F. Special Permit for Agricultural, Stockpile or Road Grading. Where the grading proposed is solely for the purpose of preparing land for agricultural purposes or for the construction of a roadway to be used as access for maintaining the use of the land at the time of the permit, the city engineer may issue a special permit therefor and modify the requirements of this chapter when he finds:

1. The site of the proposed work has an area of not less than 10 acres;

2. The work will be reasonably safe for the intended use and will not result in a hazard to adjoining property or existing structures;

3. Adequate provision will be made for drainage and erosion control.

G. Export of Earth from or Import of Earth to the Project Site. Where an excess of 5,000 cubic yards of earth per site project is moved on public roadways from or to the site of an earth grading operation, all of the following requirements shall apply:

1. Either water or dust palliative or both must be applied for the alleviation or prevention of excessive dust resulting from the loading or transportation of earth from or to the project site on public roadways. The permittee shall be responsible for maintaining public rights-of-way used for handling purposes in a condition free of dust, earth, or debris attached to the grading operation;

2. Loading and transportation of earth from or to the site must be accomplished between 7:00 a.m. and sunset, Monday through Friday, or 8:00 a.m. and sunset on Saturday;

3. Access roads to the premises shall be at points designated on the approved grading plan only;

4. The last 50 feet of the access road, as it approaches the intersection with the public roadway, shall have a 300-foot clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the 300-foot sight distance cannot be obtained, flagmen shall be posted;

5. A stop sign conforming to the requirements of Section 21400 of the California Vehicle Code shall be posted at the entrance of the access road to the public roadway;

6. An advance warning sign must be posted on the public roadway 400 feet on either side of the access intersection, carrying words “truck crossing.” The sign shall be diamond in shape, each side being 30 inches in length, shall have a yellow background, and the letters thereon shall be five inches in height. The sign shall be placed six feet from the edge of the pavement and the base of the sign shall be five feet above the pavement level. The advance warning sign shall be covered or removed when the access intersection is not in use.

H. Time of Grading Operations. Grading operations within one-half mile of a structure for human occupancy shall not be conducted between the hours of sunset and 7:00 a.m. or at any time on Sunday or any legal holiday of the city. The city engineer may, however, permit grading operations during specific hours after sunset or before 7:00 a.m., if he determines that such operations are not detrimental to the health, safety or welfare of the inhabitants of such a structure. Permitted hours of operation may be shortened by the city engineer on his finding of a previously unforeseen effect on health, safety or welfare.

I. Dust Control. All grading operations, including bluffs, shall be conducted in such a manner as to confine dust generated from the operation to the site of the grading. Special conditions intended to control dust, such as limitation of operations to hours of limited winds or application of water or dust palliative, may be imposed as additional requirements on the grading permit. Such conditions may be imposed in the field if necessary.

J. Restriction on Grading during Certain Months. All grading operations shall be subject to the provisions of SBMC 15.40.060.

K. Storm Water and Non-Storm Water Discharge Control. Best management practices shall be developed and implemented to manage storm water and non-storm water discharges from the site at all times during excavation and grading activities.

L. Erosion and Sediment Control. Erosion prevention shall be emphasized as the most important measure for keeping sediment on site during excavation and grading activities. Sediment controls shall be used as a supplement to erosion prevention for keeping sediment on site. (Ord. 381 § 1, 2008; Ord. 278 § 1, 2002; Ord. 74 § 1, 1988; 1987 Code § 11.40.080)

15.40.100 Denial of permit.

A grading permit shall not be issued to anyone if the following conditions are found:

A. Hazards. The city engineer shall not issue a grading permit in any case where he finds that the work as proposed by the applicant is likely to adversely affect the stability of adjoining property or result in the deposition of debris on any public way or interfere with any existing drainage course or be in an area determined to be subject to geological hazard. If it can be shown to the satisfaction of the city engineer that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices, or by other means, the city engineer may issue the permit with the condition that such work be performed.

B. Land Use. The city engineer shall not issue a grading permit for work on a site unless the proposed uses shown on the grading plan for the site will comply with all provisions of the zoning ordinances.

C. Environmental Constraints. No grading permit shall be issued for grading of natural slopes with an inclination of 25 percent or more, or for wetlands or coastal or inland bluffs, unless the city council has found that such grading is necessary to permit a reasonable economic use of the property. Any application for grading on slopes with an inclination of 25 percent or more shall contain information showing:

1. The need for the grading in order to permit a reasonable economic use of the property;

2. That the grading is the minimum necessary to permit a reasonable economic use of the property; and

3. That the proposed grading will be accomplished without substantial harm to the environment. (Ord. 381 § 1, 2008; Ord. 74 § 1, 1988; 1987 Code § 11.40.090)

15.40.110 Bond required.

A. There is imposed upon each grading permit the following objectives:

1. To comply with the provisions of this code or other applicable laws and ordinances;

2. To comply with all terms and conditions of the permit for excavation or fill to the satisfaction of the city engineer;

3. To complete all of the work contemplated under the permit within the time limit specified in the permit or complete the work to a safe condition satisfactory to the city engineer. The city engineer may, for sufficient cause, extend the time specified in the permit, but no such extension shall release the surety upon the bond.

These obligations shall be secured as provided in this section.

B. A permit shall not be issued unless the permittee shall first post with the city engineer a bond, in a form prescribed by the city attorney, executed by the owner and a corporate surety authorized to do business in the state as a surety in an amount sufficient to cover the protective devices and any corrective work necessary to remove and eliminate engineering and geological hazards. In lieu of a surety bond, the applicant may provide a deposit either with the city or a responsible escrow agent or trust company selected by the city of cash or negotiable bonds of the kind approved for securing deposits of its public moneys; or an irrevocable letter of credit, in a form approved by the city attorney, from one or more responsible financial institutions regulated by federal or state government and pledging that the funds are available and guaranteed for payment on demand by the city. The city engineer may reduce the amount of the bond to the extent that he determines that the hazard or danger created by the work does not justify the full amount. No bond shall be required when the city engineer determines the proposed grading will not adversely affect the subject property or adjacent property or existing or proposed structures thereon, and will not create, cause, or precipitate a geological, flood, drainage, erosion, siltation, or other adverse environmental impact if, for any reason, the proposed project or grading is not completed. On development where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing bond or single letter of credit may be provided which will cover all such projects; the amount thereof shall be determined by the city engineer.

C. Each bond, escrow or letter of credit shall be valid upon the date of filing and shall remain valid until the work has been completed to the satisfaction of the city engineer in accordance with the terms and conditions of the permit. Upon satisfactory completion of the work and compliance of all the terms and conditions of the grading permit, the city engineer may release the grading security and notify the surety or financial institution of such release.

D. 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 hereunder, written notice thereof shall be given to the principal and to the surety 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 and completed. When the grading permit obligations are secured by an escrow deposit or letter of credit, notice to the financial institution or escrow agent shall be given in the manner provided in this section for giving of notice to the surety.

E. A substitute bond or letter of credit may be filed in place of any above-mentioned bond or letter of credit, and the city engineer may accept the same if it is suitable to ensure completion of the work remaining to be performed and in proper form and substance, and the bond or letter of credit for which it is substituted may be exonerated if the city engineer finds that the conditions of such bond or letter of credit for which a substitute has been filed have been satisfied and that no default exists as to the performance upon which the bond or letter of credit is conditioned.

F. The city engineer may require that up to 10 percent of any bond be submitted in the form of a cash deposit. The cash deposit may be utilized by the city to ensure that adequate safeguards for the prevention of erosion and sedimentation are in place when needed. (Ord. 381 § 1, 2008; Ord. 74 § 1, 1988; 1987 Code § 11.40.100)

15.40.120 Regulation of excavation.

A. Cuts shall not be steeper in slope than two horizontal to one vertical unless the owner furnishes a soils engineering or an engineering geology report, or both, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property. The city engineer may require the excavation to be made with a cut face flatter in slope than two horizontal to one vertical, if he finds it necessary for stability and safety.

B. Cut slopes more than 40 feet in height shall have drainage terraces provided at vertical intervals not exceeding 25 feet. Such terraces shall not be less than eight feet in width (total horizontal distance) except that when the total slope height exceeds 100 feet, one terrace near midheight shall be not less than 20 feet in width (total horizontal distance). The design and construction of drainage terraces shall conform to the requirements of SBMC 15.40.150.

C. Minimize area cleared for excavation and grading to only the portion of site that is necessary for construction. (Ord. 381 § 1, 2008; Ord. 278 § 1, 2002; Ord. 74 § 1, 1988; 1987 Code § 11.40.110)

15.40.130 Regulation of fills.

A. Compaction. All fills shall be compacted throughout their full extent to a minimum of 90 percent of the maximum density as determined by ASTM Soil Compaction Test D1557-70. Field density shall be determined by a method acceptable to the city engineer.

1. Compaction may be less than 90 percent of maximum density, as determined by the above test, within six inches of the slope surface when such surface material is placed and compacted by a method acceptable to the city engineer.

2. Fills not intended to support structures need not be compacted to these standards if the city engineer determines that such compaction is unnecessary as a safety measure. In making this determination, the city engineer may require that an investigation be made by a soils engineer to establish the characteristics of the susceptibility of the soil to erosion or slippage.

3. Slope surfaces may be prepared for planting by scarifying, by the addition of top soil, or by other methods; provided, such slopes when so prepared otherwise comply with the requirements of this section.

B. Preparation of Ground. The existing ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill or other incompetent material. No compacted fill shall be placed unless the underlying soil or bedrock has been investigated by the soils engineer or geologist and found to be capable of safely supporting the additional weight. Where the slope of the existing ground surface is five horizontal to one vertical or steeper, the fill shall be supported on level benches cut into competent material. Except where recommended by the soils engineer or geologist as not being necessary, subdrains shall be provided under all fills placed in natural drainage courses and in other locations where seepage is evident. Such subdrainage systems shall be of a material and design approved by the soils engineer and acceptable to the city engineer. The location of the subdrains shall be recorded in plan and elevation by the soils engineer and shown on all as-built plans.

C. Fill Slope. The steepness of fill slopes shall be determined by a soils engineer who shall submit soil test data and engineering calculations to substantiate to the satisfaction of the city engineer the stability of the fill slope surface under conditions of saturation. In the absence of such determination, no fill slope shall exceed a steepness of two horizontal to one vertical.

D. Fill Material. No organic or other reducible material shall be incorporated in fills. Except as recommended by the soils engineer and approved by the city engineer, no rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in compacted fills.

E. Drainage Terraces Required. Fill slopes more than 30 feet in height shall have drainage terraces provided at vertical intervals not exceeding 25 feet. Such terraces shall be not less than eight feet in width (measured horizontally from the outside edge) except that where the total slope height exceeds 100 feet, one terrace near midheight shall be not less than 20 feet in width (measured horizontally from the outside edge). The design and construction of drainage terraces shall conform to the requirements of SBMC 15.40.150.

F. Slopes to Receive Fill. Where fill is to be placed above the top of an existing or proposed cut or natural slope steeper than three horizontal to one vertical, the toe of the fill shall be set back from the top edge of the slope a minimum distance as may be specifically recommended by a soils engineer or engineering geologist and approved by the city engineer. Fills shall not toe out on slopes steeper than two horizontal to one vertical.

G. Inspection and Testing. The soils engineer shall provide sufficient inspection during fill placement and compaction operations to determine that such work is being performed in accordance with conditions of plan approval and requirements of this code. Continuous inspection shall be provided by the soils engineer or his responsible representative for all fills that will exceed a vertical height or depth of 30 feet or result in a slope surface steeper than two horizontal to one vertical. Tests to determine density of the compacted fill soils shall be made on the basis of not less than one test for each two-foot vertical lift of the fill, but not less than one test for each 1,000 cubic yards of material placed. In addition, density tests at a point approximately one foot below the fill slope surface shall be made on the basis of not less than one test for each 10-foot vertical of slope height. All such density tests shall be reasonably uniformly distributed within the fill or fill slope surface. Results of such testing and location of tests shall be presented in the soils engineer’s report. (Ord. 381 § 1, 2008; Ord. 74 § 1, 1988; 1987 Code § 11.40.120)

15.40.140 Slope location and setbacks.

A. Cut and fill slopes shall be set back from site boundaries and buildings shall be set back from cut or fill slopes in accordance with the following figure and as hereinafter provided. Setback dimensions identified as “a” and “c” in the following figure shall be horizontal distances measured perpendicular to the site boundary. Setbacks “b,” “d,” and “e” shall be horizontal distances measured perpendicular to the indicated contour of the slope face.

Required Setbacks

Elevation (ft)

a

b

c

d

e

Less than 10'

2'

3'

2'

3'

3'

10' – 20'

H/5

5'

H/5

H/5

H/3

(min)

(3' min)

Over 20'

4+H/10

H/10

H/5

H/5

H/3

(5' min)

(10' max)

(20' max)

B. The setback and other restrictions imposed by this section may be increased where unusual soil or geologic conditions make such increase necessary for safety or stability or may be modified upon investigation and recommendation by a soils engineer or geologist where such modification will provide equivalent safety, stability and protection, and the city engineer so finds.

C. Where a fill slope is to be placed near the site boundary and the adjacent off-site property is developed, special precautions shall be incorporated in the work as the city engineer deems necessary to protect the adjoining property from damage as a result of such grading. These precautions may include, but are not limited to:

1. Additional setbacks;

2. Provision for retaining or slough walls;

3. Mechanical or chemical treatment of the fill slope surface to minimize erosion;

4. Provisions for the control of surface waters. (Ord. 381 § 1, 2008; Ord. 74 § 1, 1988; 1987 Code § 11.40.130)

15.40.150 Drainage requirements.

A. General. The drainage structures and devices required by this code shall be designed in accordance with recognized principles of hydraulics.

B. Disposal. All drainage facilities shall be designed to carry surface waters to the nearest practical street, storm drain, or natural watercourse approved by the city engineer as a safe place to deposit such waters. If the drainage device discharges onto natural ground, rip-rap or a similar energy dissipator may be required.

C. Site Drainage. Graded building sites (building pads) shall have a minimum slope of one percent towards a public street or drainage structure approved to receive storm waters. A lesser slope may be approved by the city engineer for sites graded in relatively flat terrain, or where special drainage provisions are made, when he finds such modification will not result in unfavorable drainage conditions. All building sites on property containing or located immediately adjacent to a coastal or inland bluff shall be graded to drain away from the bluff.

D. Drainage Terraces. Drainage terraces shall have a longitudinal grade of not less than two percent nor more than 12 percent and a minimum depth of one foot at the flow line. There shall be no reduction in grade along the direction of flow unless the velocity of flow is such that slope debris will remain in suspension on the reduced grade. Such terraces shall be paved with concrete not less than three inches thick reinforced with six-inch by six-inch/No. 10 by No. 10 welded wire fabric or equivalent reinforcing; granite ditches are not satisfactory to comply with this requirement. Drainage terraces exceeding eight feet in width need only be so paved for a width of eight feet; provided, such pavement provides a paved channel at least one foot in depth. Downdrains or drainage outlets shall be provided at approximately 300-foot intervals along the drainage terrace or at equivalent locations. Downdrains and drainage outlets shall be of approved materials and of adequate capacity to convey the intercepted waters to the point of disposal.

E. Overflow Protection. Berms, swales or other devices shall be provided at the top of cut or fill slopes to prevent surface waters from overflowing onto and damaging the face of the slope. Special drainage provisions shall be made where a building or structure exists within five feet of the top of the slope. (Ord. 381 § 1, 2008; Ord. 74 § 1, 1988; 1987 Code § 11.40.140)

15.40.160 Planting of slopes.

A. Planting. The surface of all cut slopes more than five feet in height and fill slopes more than three feet in height shall be protected against damage by erosion by planting with drought-resistant groundcover plants. Slopes exceeding 15 feet in vertical height shall also be planted with drought-resistant shrubs, spaced at not to exceed 10 feet on centers, or a combination of shrubs and trees at equivalent spacings, in addition to the drought-resistant groundcover plants. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the site. Plant material shall be selected which will produce a permanent planting coverage effectively controlling erosion. Consideration shall be given to deep-rooted plant material needing limited watering; to low maintenance during the lifetime of the project; to high root-to-shoot ratio (weight aboveground parts versus root system); wind susceptibility and fire retardant characteristics. Planting need not be provided for cut slopes rocky in character and not subject to damage by erosion and any slopes protected against erosion damage by other methods when such methods have been specifically recommended by a soils engineer, engineering geologist, or equivalent authority and found to offer erosion protection equal to that provided by the planting specified in this section.

B. Irrigation. Slopes required to be planted by subsection A of this section shall be provided with an approved system of irrigation designed to cover all portions of the slope and plans therefor shall be submitted and approved prior to installation. A functional test of the system may be required. For slopes less than 20 feet in vertical height, hose bibs to permit hand watering will be acceptable if such hose bibs are installed at conveniently accessible locations where a hose no longer than 50 feet is necessary for irrigation. The requirements for permanent irrigation systems may be modified upon specific recommendation of a landscape architect or equivalent authority that, because of the type of plants selected, the planting methods used and the soil and climatic conditions of the site, irrigation will not be necessary for the maintenance of the slope planting.

C. Release of Bond. The planting and irrigation systems required by this section shall be installed as soon as practical after rough grading. Prior to approval of grading and release of the grading bond, the planting shall be well established and growing on the slopes.

Temporary vegetation cover or other erosion control methods may be required prior to establishment of permanent vegetation cover. (Ord. 381 § 1, 2008; Ord. 278 § 1, 2002; Ord. 74 § 1, 1988; 1987 Code § 11.40.150)

15.40.170 Storm damage precautions – Generally.

A. No grading permit shall be issued for work to be commenced between November 11th of any year and April 11th of the following year, unless the plans for such work include details of protective measures including desilting basins or other temporary drainage or control measures or both as may be necessary to protect adjoining public and private property from damage by erosion, flooding, or the deposition of mud or debris which may originate from the site or result from such grading operations.

B. If grading is begun prior to November 11th, all protective measures shall be installed prior to November 11th. If grading is begun on or after November 11th, all protective measures shall be installed before grading is begun. All protective measures shall be maintained in good working order until April 11th of the succeeding year, where grading is done between November 11th and December 31st, or until April 11th of the same year where grading is done between January 1st and April 11th, unless their removal at an earlier date is approved by the city engineer. (Ord. 381 § 1, 2008; Ord. 74 § 1, 1988; 1987 Code § 11.40.160)

15.40.180 Storm damage precautions – Incomplete work.

A. Where a grading permit is issued and the work is commenced after April 11th and before October 1st of any year and the plans for such work do not include details of the protective measures described in SBMC 15.40.170, and it appears that the grading and installation of the permanent drainage devices as authorized by the permit will not be completed prior to November 1st, then on or before October 1st the owner of the site on which the grading is being performed shall file or cause to be filed with the city engineer revised plans which include the details of the protective measures described in, and in all other respects follow the provisions of, SBMC 15.40.170.

B. The revised plans required by this section shall be accompanied by a plan checking fee specified in SBMC 15.40.070(F), based on an assumed volume of material equal to five percent of the volume shown on the original permit. (Ord. 381 § 1, 2008; Ord. 74 § 1, 1988; 1987 Code § 11.40.170)

15.40.190 Storm damage precautions – Effect of noncompliance.

Should the owner fail to submit the plans or fail to provide the protective measures required by SBMC 15.40.150 and 15.40.160 by the dates specified therein, it shall be deemed that a default has occurred under the conditions of the grading permit bond upon default by the permittee. The city engineer may enter the property for the purpose of installing, by city forces or by other means, the drainage and erosion control devices shown on the approved plans, as the city engineer deems necessary to protect adjoining property from storm damage, or the city engineer may cause the owner of the site to be prosecuted as a violator of this code, or he may take both actions. (Ord. 381 § 1, 2008; Ord. 74 § 1, 1988; 1987 Code § 11.40.180)

15.40.200 Lot grading – Responsibility of permittee – Protection of adjacent property.

A. For all public watercourses, the applicant shall grant or cause to be granted to the city, at the city engineer’s discretion, a drainage easement (riparian buffers and corridors) in accordance with the requirements of the city engineer prior to the issuance of a grading permit, or prior to the approval of a grading plan.

B. For all private watercourses, including brow ditches, where the continuous functioning of the drainage way is essential to the protection and use of multiple properties, a covenant, a maintenance agreement and/or deed restriction shall be recorded by the applicant, placing the responsibility for the maintenance of the drainage way(s) on the owners of record of each respective lot affected. Permanent off-site drainage or flowage easements, as required by the city engineer, shall be acquired by the applicant. Such easements shall be subject to approval by the city engineer and recorded prior to approval of the grading plan, or issuance of a grading permit.

C. No manmade dams, ponds, diversions, flow decelerators or excessive vegetation shall be placed, allowed to be placed, or allowed to grow within the property subject to an approved grading plan, or a grading permit, without suitable provisions, as approved by the city engineer, for maintenance. Erosion or siltation as a result of these features shall be the sole responsibility of the property owner.

D. The permittee has the right to the proper discharge of natural drainage, within the provisions of this division, into natural drainage courses. The quantity of peak runoff shall be limited to the quantity of peak runoff of predevelopment conditions. This includes the right to discharge, within natural basins, runoff due to decrease of permeability of the property from grading operations, landscaping, and the construction of improvements and to discharge a reasonable silt load in this runoff comparable to the historic, predevelopment condition. (Ord. 381 § 1, 2008)

15.40.210 Lot grading – Safety precautions.

A. If, at any stage of work for which an approved grading plan, or a grading permit, is required, the city engineer determines that authorized grading is likely to endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the city engineer may specify and require reasonable safety precautions to avoid the danger. The permittee may be responsible for removing excess soil and debris deposited upon adjacent and downstream public or private property resulting from his/her grading operations. Soil and debris shall be removed and damage to adjacent and downstream property repaired as directed by the city engineer. Erosion and siltation control shall require temporary or permanent siltation basins, energy dissipaters, or other measures as field conditions warrant, whether or not such measures are a part of approved plans. Cost associated with any work outlined in this section shall be incurred by the permittee.

B. No off-site work will be required when, in the opinion of the city engineer, the permittee has properly implemented and maintained erosion control measures and the deposition of soil and debris or erosion on adjacent properties is the direct or indirect result of actions of the downstream property owner. (Ord. 381 § 1, 2008)

15.40.220 Minimum BMPs for land disturbance activities.

All dischargers engaged in land disturbance activities shall implement BMPs as detailed in the city’s current Jurisdictional Urban Runoff Management Program (JURMP) as applicable to the project. (Ord. 381 § 1, 2008)

15.40.230 Grading inspection and supervision – Controlled or regular grading restrictions.

A. Controlled or Regular Grading. All grading involving a fill intended to support structures, or the development of more than one lot or parcel of land, or in excess of 5,000 cubic yards of material, or grading where the city engineer determines special conditions or unusual hazards exist shall be performed under the observation of a civil engineer and shall be designated “controlled grading.” Grading other than controlled grading shall be designated “regular grading.”

B. Regular Grading Requirements. The city engineer, or his designee, upon notification from the permittee or his agent, shall inspect the grading at the following stages of the work and shall either approve the portion then completed, or shall notify the permittee or his agent wherein it fails to comply with the requirements of this code:

1. Initial. Where the site has been cleared of vegetation, unapproved fills and scarified, benched or otherwise prepared, but before any fill is placed;

2. Rough. When the grading has been completed and approximated final elevations have been established; drainage terraces, swales and other drainage devices graded ready for paving; and berms installed at the top of the slopes;

3. Final. When grading has been completed; all drainage devices installed; slope planting established and irrigation systems installed.

4. In addition to the called inspections specified in subsections (B)(1) through (3) of this section, the city engineer may make such other inspections as he may deem necessary to ensure compliance with the requirements of this code. Investigations and reports by an approved soil testing agency and/or geologist may be required in the discretion of the city engineer at any stage of the grading.

C. Controlled Grading Requirements. It shall be the responsibility of the grading engineer to observe the grading operations and to coordinate site inspection and testing to assure compliance of the work with the approved grading plans, the recommendations of the soils engineer geologist and the requirements of this code. He shall submit periodic progress reports as required by the city engineer. At the completion of the various stages of the work specified in subsection B of this section, he shall verify in writing that the work is in compliance with this chapter. The verification for that portion of work concerning the preparation of the existing ground surface and placing and compaction of fills may be made by the soils engineer for the soil testing agency. The city engineer may require sufficient inspections by the geologist to assure that all geological conditions have been adequately considered and recommended corrective measures incorporated in the work. All necessary reports, compaction data and soils engineering or engineering geological recommendations made during the grading operation shall be submitted to the city engineer by the grading engineer.

D. Requirements Prior to Release of Bonds. Prior to the release of bonds, the following requirements shall be met:

1. Private Engineer. The private engineer shall be responsible for all surveying work necessary for proper construction of the drainage and grading facilities. He shall inspect the site to ensure that the embankment and cut slopes are placed at their proper line and grade. He shall, prior to the release of bonds and surety, provide a written statement that in his professional opinion, all work incorporated in the grading and drainage plans, authorized under the grading permit to include grading, drainage and construction of appurtenant structures has been constructed to the lines and grades in substantial conformance with the approved plans, and any approved revisions thereto.

2. Soils Engineer. The soils engineer shall be responsible for all surveying work necessary for proper construction of the drainage and grading facilities. He shall inspect the site to ensure that the embankment and cut slopes are placed at their proper line and grade. He shall, prior to the release of bonds and surety, provide a written statement that in his professional opinion, all work incorporated in the grading and drainage plans, authorized under the grading permit to include grading, drainage, and construction of appurtenant structures, has been constructed to the lines and grades in substantial conformance with the approved plans, and any approved revisions thereto.

3. Landscape Architect.

a. All landscaping work shall be designed under the supervision of a landscape architect.

b. However, a registered civil engineer or registered architect may be responsible for the inspection of all landscaping and irrigation required per the grading permit and plans, if it is in conjunction with a project he has been contracted to do. He shall, prior to the release of the bond and surety, provide a written statement that in his professional opinion all work incorporated in the landscape and irrigation plans authorized under the permit has been constructed in accordance with the approved plans and revisions thereto.

E. Requirements Prior to Building Permits. Prior to the release of building permits for any given lot or lots, the private engineer shall permit a statement as evidence that rough grading for land development has been completed within standard tolerance in accordance with the approved plans, and that all embankments and cut slopes and pad sizing are as shown on the approved plans. The soils engineer will submit a statement that all embankments, under his direction, have been completed to an indicated 90 percent relative density.

F. Notification of Noncompliance. If, in the course of fulfilling his responsibility under this chapter, the supervising grading engineer or soils engineer finds that the work is not being done in conformance with this chapter or the plans approved by the city engineer, or in accordance with good accepted practices, he shall immediately notify the person in charge of the grading work and the city engineer, in writing, of the nonconformity and of the corrective measures to be taken.

G. Violation. It is a violation of this code for any person to verify to the satisfactory completion of work according to this chapter if such work is subsequently noncompliant with the approved design or code requirement at the time of verification. (Ord. 381 § 1, 2008; Ord. 74 § 1, 1988; 1987 Code § 11.40.190. Formerly 15.40.200)

15.40.240 Responsibility of permittee.

A. Compliance with Plans and Code. The permittee, his agent, contractor or employee shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this code.

B. Inspections. In performing regular grading, it shall be the responsibility of the permittee to notify the city engineer at least one working day in advance so that the inspections required by SBMC 15.40.230 can be made.

C. Protection of Utilities. During grade operations, the permittee shall be responsible for the prevention of damage to public utilities or services.

D. Protection of Adjacent Property. The permittee under the grading permit is responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley or other public or private property without supporting and protecting such property from settling, cracking, or other damage which might result.

E. Temporary Erosion Control. The permittee shall put into effect and maintain all precautionary measures necessary to keep sediment on site during construction activities to protect adjacent watercourses and public or private property from damage by erosion, flooding, and deposition of mud or debris originating from the site.

F. Storm Water and Non-Storm Water Runoff Control. The permittee shall put into effect and maintain all precautionary measures necessary to ensure that pollutant discharges from the site will be reduced to the maximum extent practicable and will not cause or contribute to an exceedance of water quality objectives. (Ord. 381 § 1, 2008; Ord. 278 § 1, 2002; Ord. 74 § 1, 1988; 1987 Code § 11.40.200. Formerly 15.40.210)

15.40.250 Reports required.

A. Generally. The city engineer in the engineer’s discretion may require the following reports:

1. A final report by the supervising grading engineer which shall state that all grading, lot drainage and drainage facilities have been completed and the slope planting and irrigation systems installed in conformance with the approved plans and the requirements of this code. An as-built grading plan shall be submitted showing the as-built grades and drainage facilities.

2. A report by the soils engineer which shall include the recommended soil-bearing capacity, a statement as to the expansive qualities of the soil, and summaries of field and laboratory tests. The locations of such tests and the limits of the compacted fill shall be shown on a final plan which shall also show by plan and cross-section the location of any rock disposal areas and/or buttress fills if such were involved in the grading.

3. A report by the engineering geologist which shall be based on an as-built geologic map which report shall include specific approval of the grading as affected by geological factors. Where necessary, such report shall include geologic cross-sections and recommendations regarding the location of buildings or sewage disposal systems.

B. Final Approval. Final approval of grading shall not be given until all maps and reports that may be, by the city engineer, required by subsection A of this section have been submitted and approved. (Ord. 381 § 1, 2008; Ord. 74 § 1, 1988; 1987 Code § 11.40.210. Formerly 15.40.220)

15.40.260 Appeals.

An applicant may appeal to the city engineer’s denial of, or the conditions of approval of, an application for a permit to the city council within 10 working days after such decision. Appeals shall be in writing and shall state the specific nature of the appeal. Appeals shall be filed with the city clerk. (Ord. 381 § 1, 2008; Ord. 74 § 1, 1988; 1987 Code § 11.40.220. Formerly 15.40.230)

15.40.270 Depositing materials upon public or private property.

A. No person shall dump, move or place any earth, sand, gravel, rock, stone or other graded, filled or excavated material, or leave any bank, slope or other excavated surface unprotected so as to cause any of such materials to be deposited upon or to roll, blow or wash upon or over the premises of another without the express consent of the owner of each such premises so affected or upon or over any public property, place or way. Such consent shall be in writing and in a form acceptable to the city engineer.

B. No person shall, when hauling any earth, sand, gravel, rock, stone or other excavated material over any place, allow such materials to blow or spill over and upon such street, alley or place or adjacent private property.

C. When, due to a violation of subsection A of this section, any earth, sand, gravel, rock, stone or other excavated material is caused to be deposited upon or to roll, flow or wash upon any public place or way, the person responsible therefor shall cause the same to be removed from such public place or way within 36 hours. In the event it is not so removed, the city engineer shall cause such removal and the cost of such removal by the city engineer shall be paid to the city by the person who failed to so remove the material. (Ord. 381 § 1, 2008; Ord. 74 § 1, 1988; 1987 Code § 11.40.230. Formerly 15.40.240)

15.40.280 Violations.

A. Any grading commenced or done contrary to the provisions of this chapter, or other violation of this chapter, shall be, and the same is declared to be, a public nuisance. Upon request of the city engineer, the city attorney shall commence necessary proceedings for the abatement of any such public nuisance in the manner provided by law. Any failure, refusal or neglect to obtain a permit as required by this chapter shall be prima facie evidence of the fact that a public nuisance has been committed in connection with any grading commenced or done contrary to the provisions of this chapter.

1. In the event that grading is commenced without a permit, the city engineer shall cause such work to be stopped until a permit is obtained. The permit fee, in such instance, shall then be double that which would normally be required. The payment of such double fee shall not relieve the person from fully complying with the requirements of this chapter and the performance of the work. Such fee shall not be construed to be a penalty, but for enforcement of the provisions of this chapter in such cases.

2. In the event that any grading is commenced or done contrary to the provisions of this chapter or of the grading permit, the city engineer may cause to be recorded with the county recorder a notice of grading violation for the property. The city engineer shall cause the notice of grading violation to be removed when the city engineer determines that the violation no longer exists.

B. Each person, firm or corporation who commences or does any grading contrary to the provisions of this chapter, or otherwise violates the provisions of this chapter, is guilty of a misdemeanor. Every day during any portion of which any violation of any provisions of this title is committed, continued or permitted by such person, firm or corporation shall be deemed a separate violation and shall be punishable as provided in Chapter 1.16 SBMC. (Ord. 381 § 1, 2008; Ord. 74 § 1, 1988; 1987 Code § 11.40.250. Formerly 15.40.250)

15.40.290 Penalties.

A. Administrative Penalties. Administrative penalties may be imposed pursuant to the Solana Beach Municipal Code. Any later-enacted administrative penalty provision in the code shall also be applicable to violations of this chapter, unless otherwise provided therein.

B. Misdemeanor Penalties. Noncompliance with any part of this chapter may be charged as a misdemeanor and may be enforced and punished as prescribed in the Penal Code and Government Code of the state of California, and the Solana Beach Municipal Code.

C. Penalties for Infractions. Any violation of this chapter may be charged as an infraction at the discretion of the prosecutor. Infractions may be abated as a nuisance or enforced and punished as prescribed in this code, Penal Code and Government Code of the state of California.

D. For Civil Actions. In addition to other penalties and remedies permitted in this chapter, a violation of this chapter may result in the filing of a civil action by the city. Except where a maximum monetary amount is specified, the following may also be awarded without monetary limitations in any civil action:

1. Injunctive relief;

2. Costs to investigate, inspect, monitor, survey, or litigate;

3. Costs to place or remove soils or erosion control materials, costs to correct any violation, and costs to restore environmental damage or to end any other adverse effects of a violation;

4. Compensatory damages for losses to the city or any other plaintiff caused by violations; and/or restitution to third parties for losses caused by violations;

5. Civil penalties;

6. Reasonable attorney fees; and

7. Fines assessed against the city by the RWQCB.

As part of a civil action filed by the city to enforce provisions of this chapter, a court may assess a maximum civil penalty in accordance with the general penalty clause as set forth in Chapter 1.16 SBMC, or any other penalty adopted by the city, but in any case to be assessed per violation of this chapter for each day during which any violation of any provision of this chapter is committed, continued, permitted or maintained by such person(s).

In determining the amount of any civil liability to be imposed pursuant to this chapter, the court shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, whether any discharge caused by the violation is susceptible to cleanup or abatement, and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic savings, if any resulting from the violation, and such other matters as justice may require.

E. Penalties and Remedies Not Exclusive. Penalties and remedies under this section may be cumulative and in addition to other administrative, civil or criminal remedies. (Ord. 381 § 1, 2008)