HomeMy WebLinkAbout1991-08-20; City Council; NS-168; CMC 11.06 amends - Infill grading procedures & standards...// e 0
1
2
3
4
5
ORDINANCE NO. NS-168
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING TITLE 11 BY THE AMENDMENT OF CHAPTER 11.06 OF THE
CARLSBAD MUNICIPAL CODE TO ESTABLISH
PROCEDURES AND STANDARDS FOR INFILL GRADING
The City Council of the City of Carlsbad, Californi
I/ does ordain as follows:
6 SECTION I : That Title 11, Chapter 11.06 of t
Carlsbad Municipal Code is amended by the amendment of Secti
11.06.020 by the addition of a new Section 11.06.020(9) to re
7
a
9
10
11
12
13
14
as follows:
I' (9) "infill grading" means any grading on residentially zoned lot which requires a grading permit pursua to this title and is located on a lot within a tract of la
which has been Previously subdivided into legal buildable parte and for which no further discretionary entitlement is required
Existing (9) and all subsequent ones shall renumbered accordingly.
15 SECTION 11: That Title 11, Chapter 11.06 of t
16 Carlsbad Municipal Code is amended by the addition of new Secti
17 11.06.031 to read as follows:
18
19
20
21
22
23
24
25
1111.06.031 Residential Infill Grading Perm Requirements. Grading permits for infill grading must obtained from the City Engineer pursuant to this code sectio The City Engineer and Planning Director shall have the authori to approve or deny infill grading permits. An infill gradi permit shall be approved only if all of the following findin can be made:
(a) That public notification has been made pursuant the requirements of Section 11.06.033;
(b) That the grading proposal is consistent with t design standards, purpose, intent and requirements of th
chapter;
(c) That the design of the grading is general consistent and compatible with the topography of existi surrounding development."
26
Carlsbad Municipal Code is amended by the addition of a n 27
SECTION 111: That Title 11, Chapter 11.06 of t
Section 11.06.032 to read as follows: 28
I1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
0 e
1111.06.032 Infill Grading Design Standards. (a) Fill height. Fill height on infill lots shall 1 minimized. The relative acceptability of fill heights shall 1 determined by the following:
(1) 0-3 feet is acceptable;
(2) Greater than 3.0 and up to 10.0 feet :
discouraged unless the permit for such fill shall incluc specific written documentation justifying the reasons for tl fill height. Potential justifications may include but not 1 limited to the need to sewer or drain to the public street, tl need to raise the property to prevent flooding of any futul
structure, to make the property compatible with adjacent gradc properties, to accommodate existing or future driveway access 1
the property where no other alternatives are possible or 1
remedy an existing or potential soil or geologic problem on tl project site.
(3) Greater than 10 feet is unacceptable. Fil: which are unacceptable may be allowed only when the site hi unusual geotechnical or soil conditions that necessitaf corrective work that requires increased filling. (b) Retaining walls. Retaining walls over three fec in height which run parallel to and are located within ten fec of a property line are to be avoided except in unusual casc where no other method to reasonably develop the property . available. (c) Import and export. Import and/or export of fill c excavation material to or from infill lots shall be minimizec
Wherever possible grading design shall be accomplishedto balanc
the grading on site to reduce the import or export of soil to (
from the project site. Applications for infill grading permi-
which contain a combined total of import and export to a projec
site in excess of one hundred cubic yards shall include specif.
written documentation justifying the reasons for such import c
export. Potential acceptable justifications shall be as sc
forth in section 11.06.032(a) (2) .I1
SECTION IV: That Title 11, Chapter 11-06 of ti
Carlsbad Municipal Code is amended by the addition of a nl
Section 11.06.033 to read as follows:
I1Notice of an infill grading application shall be giv(
pursuant to Section 20.24.115 of this code.
23 I/ SECTION V: That Title 11, Chapter 11.06 of tl
24 Carlsbad Municipal Code is amended by the addition of a nc ll
25
28
decision of the City Engineer pursuant to Section 11.06.200 I 27
llll. 06.034 Appeals 26
Section 11.06.034 to read as follows:
Any person affected by this section may appeal
this Chapter.
... -2-
1
I- ll a *
s ii /I EFFECTIVE DATE: This ordinance shall be effectix '11 thirty days after its adoption, and the City Clerk shall certii
2 11 to the adoption of this ordinance and cause it to be published E
3 // least once in the Carlsbad Journal within fifteen days after it
4 // adoption.
5 11 INTRODUCED AND FIRST READ at a regular meeting of tl
6
7
8
Carlsbad City Council on the 6th day of August
1991, and thereafter
PASSED AND ADOPTED at a regular meeting of the Cit
9 /I Council of the City of Carlsbad on the 20th day of August
10
11
. 1991, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nyl
12
13
14
NOES: None
ABSENT : None
FORM AND LEGALITY
21
22
ATTEST:
23
24
25
26
27
ALETHA L. RAUTENKRANZ, City Cjerk
28 -3-