23.40.020 Definitions.

For the purposes of this Chapter, the following terms are defined as set forth below:

(a) "Best Management Practice (BMP)" means a technique or series of techniques which, when utilized in a designated manner, is proven to be effective in controlling construction-related runoff, erosion, and sedimentation.

(b) "Certify" or "Certification" means the specific inspections and tests where required have been performed, and that such tests comply with the applicable requirements of State and Federal law and of this chapter.

(d) "Erosion" means the action or process of wearing away of earth or soil by the action of water.

(e) "Excavation" means any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed, and includes the conditions resulting therefrom.

(f) "Existing Grade" means the vertical location of the existing ground surface prior to excavation or filling.

(g) "Filling" means any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man to a new location and shall include the conditions resulting therefrom.

(h) "Final Erosion and Sediment Control Plan" means a set of measures designed to control surface runoff and erosion and to retain sediment on a particular site after all other planned final structures and permanent improvements have been erected or installed.

(i) "Grading" means excavation or fill or any combination thereof and includes the conditions resulting from any excavation or fill.

(j) "Intensify" means the addition of one or more dwelling units in a residential district; or the physical extension of a structure or the expansion of a parking area in any commercial, executive, or industrial district.

(k) "Interim Erosion and Sediment Control Plan" means a set of measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which pre-construction and construction-related grading occurs.

(l) "Landscape Architect" means a person who is licensed by the State of California to practice landscape architecture.

(m) "Major Vegetation" means live vegetation, consisting of tree growth with a trunk diameter of six (6) inches or greater (circumference of eighteen and nine-tenths inches) measured at fifty-four (54) inches above natural grade.

(n) "Manual of Standards (Manual)" means a compilation of technical application standards and design specifications adopted by the Director of Public Works as being proven methods of controlling construction-related runoff, erosion, and sedimentation.

(o) "Natural Slope" means the predominant slope or slopes of land in its natural condition disregarding minor surface humps or hollows.

(p) "Natural Terrain" means the natural contour of a site before man-made development, or as the same exists prior to the undertaking of any new improvement.

(q) "Parcel" means an area of land which has been legally subdivided.

(r) "Permittee" means any person to whom a site development permit is issued.

(s) "Project Arborist" means an ISA Certified Arborist designated to evaluate the potential impacts of Construction Activity on Protected Trees, write specifications for tree preservation, oversee Construction Activity within the Dripline of Protected Trees and other necessary activities as determined by the City Arborist.

(t) "Protected Tree" means a Heritage Tree or a Street Tree (as defined in SMMC 13.40 Protected Trees), or a tree designated as protected as part of an approved Planning Application that is subject to Chapter 27.71.

(u) "Removal" means:

(1) Cutting to the ground, complete extraction, or killing by spraying, girdling, or any other means; or

(2) Major Pruning not done in conformance with a Major Pruning Permit as defined in Section 13.40.

(v) "Sediment" means material deposited by water.

(w) "Site" means a lot or parcel of land, or a contiguous combination thereof, where grading is performed as a single unified operation.

(x) "Site Development" means grading and/or removing major vegetation.

(y) "Site Development Planning Application" means an application through the Planning Division for approval of a project requiring a site development permit.

(z) "Site Development Permit" means a permit issued through the Public Works Department to proceed with site development.

(aa) "Slope" shall be defined as an inclined ground surface, expressed as a fraction of vertical over horizontal distance (rise over run) across any portion of a parcel. The term "gradient" shall be synonymous with the term "percent slope". For purposes of this chapter, slope shall be measured across the predominant slope or slopes of land disregarding minor surface humps or hollows.

(bb) "Slope Height" means the vertical dimension between the high (top) and low (toe) points of a slope. The top and the toe of the slope shall be the points at which the slope intersects flat planes. A flat plane shall be considered any surface with a gradient of five (5%) percent or less. The overall height of separated slopes shall be added in calculating slope height unless the slopes are separated by a flat area at least forty (40) feet wide. The height of existing engineered retaining walls shall not be included in the calculation of slope height.

(cc) "Soils Engineer" means a registered engineer recognized by the State Board of Registration for Professional Engineers and Land Surveyors as authorized and competent to do the work required.

(dd) "Vacant" means land on which there are no structures or only structures which are secondary to the use or maintenance of the land itself.