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HomeMy WebLinkAbout1973-08-08; City Council; 8063; CMC 11.06 amends - Grading, fills & excavations. 'I . ., * ** ', I %* 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 19 20 21 ORDINANCE NO. 8063.. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 11.06 OF THE MUNICIPAL CODE REGULATING GRADING, FILLS AND EXCAVATIONS GULATIONS WITH THE CITY OF CARLSBAD ENVIRONMENTAL PROTECTION ORDINANCE OF 1972 TO PROVIDE FOR AN INTEGRATION OF SAID RE- unci1 of the City of Carlsbad does ordain as follows: SECTION 1. Chapter 11.06, Section 11.06.020 of the Carlsbad Municipal Code is amended to read as follows: The unregulated "ll,0,6.0A20, -_ Pur.p,os,e o,f Chap,ter. tJrading, filling and excavation of property alone and in connection in and ar damage to hazardous conditions and has resulted in serious adverse environmental effects, regulate such activity to insure that it is accomplished in accordance with approved engineering practice in order to minimize hazards and damage to public and private property th developmental activity in the city especially bodies of water, has heretofore caused extensive ljc and private property, has caused numerous The purpose of this chapter is to /-/" and to the environment resulting from such work. also the purpose It is c cavation and fill operations are regulated so as to be 3 24 25 Z6 27 28 29 30 31 32 consistent with the planning, z ,,ing, land use control and environmental protection functi ns of the city*" SECTION 2. Chapter 11.06, Section 11. 6,06O(b)(l) of the Carlsbad Municipal Code is amended to read as follows: "(1) The purpose of the work including a statement as to whether the purpose of the excavation, fill or grading 7's to prepare the site for subdivision cr parcel split !,!?der the State Subdivision Map Act and local ordinances, or for any other form of development for which a city entitlement is required." 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 SECTION 3. Chapter 11.06, Section 11.06.090 of the Carlsbad Municipal Code is amended to read as follows: "11-,1~06.090 Issuance ,and Denial o,f,_ Pe"rmit. (a) Generally. Whenever in the judgment of the city engineer the proposed work would directly or indirectly create a hazard to human life or endanger adjoining property or property at a higher or lower level, or any public sewer, storm drain, water-course, street, street improvement or any other public property, the application shall be denied. If, I I in the opinion of the city engineer, the danger or hazard can 20 21 be eliminated by the erection or installation of walls, cribs approval, the permit shall not be issued until after such entitlement or approval has been given. Approval of a or other devices, or by a specified method of performing the work, the city engineer may grant the permit upon condition that the specified protection and precautionary work be done to his satisfaction, or upon condition that a specified method 22 23 of performing the work be used. tentative map shall be considered sufficient for the purposes of this section. In those cases where no other approval or (b) Whenever in the judgment of the city engineer, the proposed work involves site preparation for a project or development requiring a discretionary city entitlement or 24 25 26 27 28 29 30 31 entitlement is involved, the permit shall not be issued until processing under the City of Carlsbad Environmental Protection Ordinance of 1972 has been completed. (c) Conditions of grant. In granting any permit under this chapter, the city engineer may attach such thereto as may be reasonably necessary to prevent danger to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property ll (3) Designation of routes upon which materials g 11 may be transported; 11 12 13 14 15 11 19 20 21 22 23 24 25 26 21 28 29 32 I (4) The place and manner of disposal of excavated materials; (5) Requirements as to the laying of dust, the prevention of noises, and other results offensive or injurious to the neighborhood, the general public or any portion thereof; (6) Designation of maximum or minimum slopes to be used if they vary from those hereinafter prescribed in this chapter; (7) Regulations as to the use of public streets and places in the course of the work; (8) Regulations as to the degree of compaction of fill material; (9) Requirements as to paving private driveways and roads constructed under the permit; (10) Requirements for safe and adequate drainage of the site; (11) A requirement that approval of the city engineer be secured before any work which has been commenced may be discontinued; (12) A requirement that men and equipment be provided at the site during storms to prevent incomplete work from endangering life or property; and (13) Requirements for fencing of excavations or fills 3. .* 1( 1: 1: 1: 14 1E 1f 15 1E 19 20 21 22 23 24 25 26 27 28 29 30 31 32 e which would be hazardous without such fencings. (Ord. 8032 819). Chapter 11.06 Section 11.06.230 of the Carlsbad Municipal Code is amended to read as follows: SECTION 4. "1-1 . 06 .2,30 D,e.pos~i$i,n-g- ,E,ar,th,, Sand 0-r G,r*ayAl,, e tc _..., Up0.n- P.ub,l i,-c or P,,r,i va te ,P r,ope r,ty,,. (a) Wher~e. .Proh,ibi,ted. 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 said 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 prem over any public property,place or way. in writing and in a form acceptable to the city engineer. (b) Spilling, etc., loads. No person shall, w es so affected or upon or Such consent shall be 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 priva e property. a1 of deposits from public places. 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 vithin thirty-six hours. the city engineer shall cause such removal and the cost of ;uch removal by the city engineer shall be paid to the city In the event it is not so removed, ed to so remove the material. (Ord. )y the person who fai 3032 §33)." EF,.FEC.T-IVE- DA.T,E. This ordinance shall be effective 30 lays after its adoption and the City Clerk shall certify to the 4.