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HomeMy WebLinkAbout1985-09-10; City Council; 8105; CMC 11.06.030 amend/.035 add/.080 amend - Grading rqmts/bonds release1 2 3 4 5 6 7 E s 1c 11 1; t 3.t l! 2( 2: 2: 2: 21 2! 2( 2' 21 0 ORDINANCE NO. 8105 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 11, CHAPTER 11.06 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 11.06.030 TO DELETE SUBSECTION 10, BY THE ADDITION OF SECTION 11.06.035 TO CLARIFY THE GRADING ORDINANCE REQUIREMENTS WITH RESPECT TO THE CLEARING OF VEGETATION AND BY THE AMENDMENT OF SECTION 11.06.080 TO CLARIFY THE AUTHORITY OF THE CITY ENGINEER TO RELEASE GRADING BONDS. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 11, Chapter 11.06 of the Carlsbad Municipal Code is amended by the amendment of Section 11.06.030 to delete subsection (10). SECTION 2: That Title 11, Chapter 11.06 of the Carlsbad Municipal Code is amended by the addition of Section 11.06.035 to read as follows: 11.06.035 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 marshal1 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 therefore 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. 1 2 3 4 5 E 7 € E I( 13 1: t 0 3. 1 2 2 2 2 2 2 2 2 2 SECTION 3: That Title 11, Chapter 11.06 of the Carlsbad Municipal Code is amended by the amendment of Section 11.06.080(c) to read as follows: (c) Each bond 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 bond and shall notify the surety of such release. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 3rd day of September I 1985, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 10th day of *P*r , 1985 by the following vote, to wit: AYES : Council WItherS Casler, Lewis, Kulchin, Chick and Pettine NOES: Ibne ABSENT: None ATTEST: &dU ALETHA L. RAUTENKRANZ, City Cleqk 3