HomeMy WebLinkAbout1996-12-03; City Council; NS-385; CMC 1.08.020(a)/15.04.010/.16/19.04.050 repeal/reenact - Grading/erosion cntrl...1
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ORDINANCE NO. NS- 385
AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA,
15.16, AND AMENDING SECTIONS 1.08.020(a), 15.04.010 AND
19.04.050 OF THE CARLSBAD MUNICIPAL CODE, ALL RELATING TO
GRADING AND EROSION CONTROL.
WHEREAS, the City Council of the City of Carlsbad authorized City staff to p
with the development of a work plan to streamline the development review process; and
WHEREAS, one component of the streamlining work plan was to authorize I
conduct a comprehensive review of City ordinances, policies and procedures to idenl
eliminate provisions which are redundant, confusing or which act as an impediment
smooth processing of development projects; and
REPEALING CHAPTER 11.06 AND RE-ENACTING AS NEW CHAPTER
WHEREAS, the streamlining work plan also established goals to ensure the pr
of high quality development consistent with the City's General Plan goals and objectives
provide reasonable opportunity for public input and comment on proposed develc
activities; and
WHEREAS, City staff completed a comprehensive review of Chapter
Excavation and Grading, of the Carlsbad Municipal Code, also known as the C
Ordinance; and
WHEREAS, upon completion of the review of the Grading Ordinance, Cit.
prepared a comprehensive revision to the Grading Ordinance consistent with the goals
streamlining work plan; and
WHEREAS, City Council has reviewed the revised Grading Ordinance and detel
that it meets all the goals established for the streamlining work plan; and
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WHEREAS, City Council has also determined that the revised Grading Ordina
consistent with the goals and objectives of the General Plan and further that the r
Grading Ordinance is necessary to protect the health, safety and welfare of the publi
potential adverse impacts related to the grading of property within the City of Carlsbad; a
WHEREAS, the revised Grading Ordinance proposes the establishment of new fc
the investigation of grading code violations and for the extension of expiring Grading
applications and Grading Permits.
NOW THEREFORE, the City Council of the City of Carlsbad, California, does or(
follows:
SECTION I: That Title 1, Chapter 1.08 is amended by the amendment of :
1.08.020 (a) to read as follows:
“(a) The Community Development Director is authorized, pursuant to
Penal Code Section 836.5, to arrest any person, without a warrant,
whenever said employee has reasonable cause to believe that the
person to be arrested has committed an infraction or misdemeaner, in
said employee’s presence, which is a violation of Titles 6, 13, 18 or 21,
Chapters 5.04, 5.24, 7.04, 7.12, 10.52, 11-08, 11.12, 11.16, 11.36 or
15.16, or Sections 8.28.010, 8.28.020, 8.28.030 or 10.40.075 of this
Code, or any uncodified building or zoning ordinance of the City.”
SECTION II: That Chapter 11.06, Excavation and Grading, of the Carlsbad ML
Code is hereby repealed and re-enacted as new Chapter 15.16.
SECTION Ill: That Title 15, Chapter 15.04 is amended by the amendment of t
15.04.010 of Carlsbad Municipal Code to read as follows:
“15.04.010 Title. This title shall be known as the “Grading and
Drainage Ordinances.”
SECTION IV: That Title 15 is amended by the addition of Chapter 15.16, Gradin
Erosion Control, to the Carlsbad Municipal Code to read as follows:
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'Chapter 15.1 6
GRADING AND EROSION CONTROL
Sections:
15.1 6.01 0
15.1 6.020
15.1 6.030
15.1 6.040
15.1 6.050
15.1 6.060
15.1 6.070
15.1 6.080
15.16.090
15.16.100
15.16.110
15.16.120
15.1 6.1 30
15.16.140
15.16.150
15.16.160
15.16.170
15.16.180
15.16.190
Title
Purpose.
City Engineer authority.
Definitions.
Grading Permit required.
Work exempt from Grading Permit.
Application for Grading Permit.
Submittal documents.
Information on grading plans, specifications and
engineering reports.
Withdrawal of Grading Permit applications.
Grading Permit issuance.
Grading Permit limitations, requirements and procedures.
Responsibility of permittee.
Grading and erosion control agreement and securities.
Agreement for Uncontrolled Stockpile.
Appeals.
Unlawful acts.
Investigation fee.
Enforcement measures; Remedies.
15.1 6.01 0 Title
A. This chapter shall be known as the "Grading Ordinance".
15.1 6.020 Purpose.
A. The purpose of this chapter is to establish minimum requirements for grading, includir
clearing and grubbing of vegetation, to provide for the issuance of ministerial permits ar
to provide for the enforcement of the requirements. These provisions are supplementa
and additional to Title 20, Subdivisions, and Title 21, Zoning, of this code and shall I
read and construed as an integral part of these titles and the land development patter1
and controls established thereby. It is the intent of the City Council to protect life ar
property and promote the general welfare; enhance and improve the physical environme
of the community; and preserve, subject to economic feasibility, the natural scen
character of the City. The provisions of this chapter shall be administered to achieve tt
intent expressed above and, to the maximum extent feasible, the following goals:
I. Facilitate the planning, design and construction of development sites
maximize safety and human enjoyment while protecting, insofar as possible, tt
surrounding natural environment;
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2. Ensure compatibility of graded land development sites with surrounding la!
forms and land uses;
3. Prevent unnecessary and unauthorized grading, including clearing and grubbil
of vegetation, on property within Carlsbad;
4. Preserve natural plant communities and existing mature trees;
5. Preserve significant cultural and archaeological sites;
6. Promote the rapid restoration of graded slopes with fire resistant, droug
tolerant landscaping that is aesthetically pleasing and which enhances adjace
habitat values; and,
7. Protect public and private property, downstream riparian habitats, waterwa)
wetlands, and lagoons by controlling soil erosion, sedimentation and other potent
adverse impacts caused by grading operations or which result as a consequenc
of the increased rate of surface water runoff from graded sites.
15.16.030 City Engineer authority.
A. This chapter shall be administered by the City Engineer who shall have the author
and responsibility to:
1. Establish the form and procedures for application for Grading Permits require
pursuant to this chapter including the certification of completed applications, tf
approval of grading and erosion control plans, the establishment of files, tt
processing of secured grading and erosion control agreements and the collectic
of fees and security deposits;
2. Interpret the provisions of this chapter and advise the public regardir
requirements for grading and erosion control plans, specifications and speci
provisions;
3. Establish the format and content of grading and erosion control plan
specifications and special provisions pursuant to the provisions of this chapter;
4. Establish and promulgate City Standards to govern grading and erosion contr
work in accordance with good engineering practice pursuant to the provisions
this chapter;
5. Issue permits and approve amendments, including extensions, to permits four
to conform with this chapter and applicable City Standards and the LandscaF
Manual;
6. Issue and maintain permanent records of determinations of exemptic
authorized by Section 15.16.060;
7. Approve grading and erosion control agreements;
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8. Accept surety bonds and other forms of security in connection with grading a,
erosion control agreements;
9. Monitor compliance of all grading work with City Codes, City Standards and a
limitations of the Grading Permit;
10. Record Notices of Grading Violation and/or take other administrative actio
against violators of the provisions of this chapter; and,.
11. Grant authority to appropriate members of the City Engineer's staff to act (
behalf of the City Engineer with regard to any aspect of the administration of tl
provisions of this chapter.
15.16.040 Definitions.
A. Whenever the following words, terms or phrases are used in this chapter they shall I
construed as defined in the following subsections unless from the context in which tl
word, term, or phrase is used a different meaning is specifically defined or intended.
1. "City Standards" means the standards used for the design and construction
public and private improvements in Carlsbad, including grading improvements,
contained in the latest edition of the "Standards for Design and Construction
Public and Private Improvements in the City of Carlsbad" as promulgated by tl
City Engineer.
2. "Civil engineer'' means a professional engineer in the branch of civil engineerir
holding a valid certificate of registration issued by the State of California.
3. "Clearing and grubbing of vegetation" means the removal of any and all typc
of vegetation, roots, stumps or other plant material and the clearing or breaking I
of the surface of the land by digging or other means.
4. "Default" means the condition or situation which results when an applicant fa
to perform in compliance with the terms and requirements of the grading ar
erosion control agreement required pursuant to Section 15.16.140 of this chapter
5. "Engineer-of-work" means the civil engineer responsible for the preparation
the grading and/or construction plans, for the certification of the completed wc
and preparation of the record plans.
6. "Excavation" means the cutting, digging, removal, displacement or any othl
movement of soil, sand, gravel, rock or other similar material from its natural
preexisting location upon or beneath the surface of the earth by the direct actic
of humans and/or human invention.
7. "Fill" means the depositing of soil, sand, gravel, rock, or other similar materia
upon or beneath the surface of the earth by the direct action of humans and/
human invention.
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8. "Finished grade" means the vertical location of the ground surface up
completion of any excavation or fill.
9. "Geologist" means a person holding a valid certificate of registration as
geologist in the specialty of engineering geology issued by the State of Califor
under provisions of the Geologist Act of the Business and Professions Code.
10. "Grading" means any excavation, fill, clearing and grubbing of vegetation or 2
combination thereof.
11. "Grading Permit" means the document issued by the City Engineer pursuant
Section 15.16.1 IO, after having determined that the application demonstra'
compliance with this chapter, City Standards, the Landscape Manual, and
applicable portions of Titles 19, 20 and 21 of this Code.
12. "Landscape Manual" means the "Landscape Manual" adopted by City COUI
resolution which contains the policies and requirements for the design, construct
and maintenance of landscape and irrigation systems constructed pursuar?! to a (
development approval.
13. "Rainy season" is the time period between November 16 of any year :
April 14 of the following year during which the likelihood of rainfall is greater thar
other times of the year.
14. "Site" is any lot or parcel of land or contiguous combination thereof, under 1
same ownership, where grading is proposed or performed.
15. "Soils engineer" means a person holding a valid certificate of registration as
engineer in the specialty of soils engineering issued by the State of California unc
the provisions of the Business and Professions Code.
16. "Uncontrolled stockpile" means any fill placed on land for which no soil test
was performed or no compaction reports or other soil reports were prepared
submitted .
15.16.050 Grading Permit required.
A. Except as provided in Section 15.16.060, no person shall do, or cause to be done, E
grading, including clearing and grubbing of vegetation, without first having obtainec
Grading Permit.
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15.1 6.060 Work exempt from Grading Permit.
A. A Grading Permit shall not be required for the following:
1. An excavation below finished grade for basements and footings of a buildil
retaining wall or other structure authorized by a valid building permit. This shall I
exempt any fill made with the material from such excavation nor exempt i
excavation having an unsupported height greater than five feet after 1 completion of such structure.
2. Cemetery graves.
3. Refuse disposal sites controlled by other regulations.
4. Excavations for wells or tunnels or utilities.
5. Exploratory excavations under the direction of soil engineers or engineer
geologists.
6. Grading on any site or contiguous sites held under one ownership in which
City Engineer finds all of the following conditions exist:
a. No cut or fill material exceeds three and one half feet in vertical deptt
its deepest point measured from the existing ground surface. The (
Engineer may waive this requirement for grading work which is not intenc
to support a building structure;
b. No fill material is placed on an existing slope steeper than five UI
horizontal to one vertical;
c. The grading work does not adversely affect the existing drainage patte
d. The toe of any fill slope or top of any cut slope is no closer than one f
to an exterior property line; and,
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e. The amount of soil material moved does not exceed one hundred CL
yards of material per each eight thousand square feet of disturbed lot a or portion thereof. Excavation and fill material within the building envelc
shall not apply towards this maximum volume.
7. Grading in an isolated, self-contained area if the City Engineer finds that
danger to private or public property can now or hereafter result from grad
operations.
8. Grading on a site which has been previously graded to provide a relatively
pad area, suitable for development, where the City Engineer finds all of
following to exist:
a. The proposed grading work complies with all of the environmel
protection procedures described in Chapter 19.04 of this code;
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b. The proposed grading will not adversely affect existing drainage pattel
or result in a condition which may cause damage to adjacent property; an
c. The proposed grading work is performed concurrent with the s
preparation work done in connection with a building permit issued pursui
to Chapter 18.04 of this code.
9. Clearing and grubbing of vegetation done for the purpose of routine landsc;
maintenance, the removal of dead or diseased trees or shrubs or the removal
vegetation done upon order of the fire marshal to eliminate a potential fire haz;
or for the abatement of weeds.
IO. Clearing and grubbing of vegetation done preparatory to agricultural operatic
on land which has been used for agricultural purposes within the previous f
years.
B. All grading work, including any grading work exempted from the requirement o
Grading Permit as determined pursuant to Subsection A of this Section, shall be done
compliance with City Standards and Titles 19, 20 and 21 of this Code, and within '
Coastal Zone, shall also be consistent with all certified local coastal program provisions.
15.1 6.070 Application for Grading Permit.
A. To obtain a Grading Permit, the applicant shall first file an application therefor in writ
on a form furnished by the City Engineer for that purpose. Every such application shall:
1. Identify and describe the work to be covered by the Grading Permit for which '
application is made;
2. Describe the land on which the proposed work is to be done by legal descriptil
street address, and/or similar description that will readily identify and definit
locate the proposed grading work;
3. State the quantity of excavation and fill for the proposed grading work includ
the amount of excavation or fill to be imported to or exported from the grading si1
4. State the name, address, telephone number and State of California certificat
number of the engineer-of-work, soils engineer and geologist who prepared
grading plan, soils report and geotechnical report, respectively, for the prop05
grading work;
5. State the name, address, telephone number, state contractors license numl
and Carlsbad business license number for the contractor who will perform
grading work;
6. State the name, address and telephone number of the property owner UF
whose property the work will be done and the applicant requesting the Grad
Permit;
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7. Be signed by the applicant and property owner or their authorized agent(s); ar
8. Give other such information as may be required by the City Engineer.
8. Each Grading Permit application shall be accompanied by;
1. Grading plans, specifications, calculations, reports and other data as requirec
Section 15.1 6.080;
2. Proof of all other applicable discretionary approvals, including a site p
approved in accordance with such prior discretionary approvals, if any, pursuan.
Title 20 or 21 , except where:
a. The grading work is necessary to complete a major arterial roadway
other major public facility, will significantly reduce the need to haul
material over public roads, or is incidental to the grading for another proj
which has obtained all appropriate development approvals in accordar
with Titles 20 and 21 of this code; or
b. The grading work is found by the Planning Director to be reasona
consistent with the future development of the site pursuant to the si1
existing General Plan land use classification;
3. A completed Environmental Impact Assessment form or submittal of ot
environmental documentation which demonstrates compliance with the Califor
Environmental Quality Act (CEQA) and Title 19 of this code;
4. All appropriate documentation evidencing the applicant's right to enter uy
and grade property not within the ownership of the person signing the grad
permit application form;
5. An Agreement for Uncontrolled Stockpile, if required, signed by the propc
owner with appropriate signature notarization; and,
6. A Grading Permit application fee in an amount as established by the (
Council by resolution. A separate plan review fee shall apply to retaining walls
major drainage structures as provided for elsewhere in this code. There shall be
separate charge for standard terraced drains and similar facilities. If during
grading plan review the grading quantities, upon which the grading plan fee
based, are changed, the applicant shall pay any supplemental fee required
receive a credit against the payment of the Grading Permit fee.
15.1 6.080 Submittal documents.
i A. Each application submittal for a Grading Permit shall be accompanied by grading pla
specifications, engineering calculations, a soils investigation report, a geotechnical reF
and other such information as may be necessary to demonstrate that the grading work
be carried out in substantial compliance with all City Codes, City Standards and
requirements of the Landscape Manual.
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B. The City Engineer may waive submission of a geotechnical report or other requil
documents if the applicant clearly demonstrates that the nature of the grading WI
applied for is such that reviewing of such report or other documents is not necessary
obtain compliance with this code.
C. The number of copies and format of the submittal documents required pursuant to 1
chapter shall be as prescribed by the City Engineer.
D. All documents shall, upon submittal to the City Engineer, become the property of
City and shall be kept on file with the City Engineer.
15.1 6.090 Information on grading plans, specifications and engineering reports.
A. All grading plans, specifications and engineering reports required for Grading Per
submittal shall be prepared in accordance with the following requirements:
1. Grading plans, specifications, engineering calculations and other relev
engineering data shall be prepared by a civil engineer. The grading plans shall
drawn to scale in accordance with City Standards and be of sufficient clarity
indicate the location, nature and extent of the work proposed and show in de
that it will conform to the provisions of this chapter, City Standards, the Landsc:
Manual and Titles 19, 20 and 21 of this code. All grading plans must inch
provision for protective measures for the control of erosion and sedimentatior
accordance with the requirements of this Chapter, and City Standards.
2. Geotechnical investigation reports shall be based upon the proposed grac
plan. The geotechnical investigation report shall include an adequate descriptio1
the geology of the site and conclusions and recommendations regarding the efl
of geologic conditions on the proposed development. Recommendations incluc
in the report shall be consistent with the provisions of this Chapter and (
Standards and shall be incorporated into the grading plans and/or specifications
3. Preliminary soils investigations and reports shall be based upon the propo:
grading plan. Such report shall include data regarding the nature, distribution i
strength of existing soil types at the proposed grading site, recommendations
grading procedures and design criteria for corrective measures, if required by
soils engineer. Recommendations included in the report and approved by the (
Engineer shall be incorporated into the grading plans and/or specifications.
15.1 6.1 00 Withdrawal of Grading Permit applications.
A. Applications for which no Grading Permit is issued within 240 days following the datc
application shall be deemed withdrawn. Plans and other documents submitted for rev
may thereafter be returned to the applicant or destroyed by the City Engineer. The i
Engineer may extend the time for action by the applicant for a period not exceeding
days upon request by the applicant showing that circumstances beyond the control of
applicant have prevented action from being taken. No application shall be extended rn
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than once. In order to renew action on an application after withdrawal, the applicant st
resubmit a new application and pay a new Grading Permit application fee. The C
Engineer may waive any or all of the Grading Permit application fee when a resubmit
application is accompanied by a grading plan which has been previously signed 2
approved by the City Engineer. The amount of the waiver shall be determined by the C
Engineer based upon the estimated amount of work required to complete review of '
Grading Permit.
B. The City Engineer may authorize refunding of not more than 80 percent of the Grad
accordance with this section. The City Engineer shall not authorize refunding of any
paid except upon written application filed by the original permittee not later than 60 d(
after withdrawal of the Grading Permit application by the applicant, when withdrawn p
to completion of the grading plan review.
C. Any application in process on the effective date of this code amendment shall
subject to the provisions of this section. The filing date for such application shall
considered to be the effective date of the code amendment.
Permit application fee paid when an application for a Grading Permit is withdrawn
15.1 6.1 10 Grading Permit issuance.
A. Following submittal of a completed Grading Permit application and completion of
following requirements, the City Engineer shall issue a Grading Permit:
1. Approval and signature of the grading plans by the City Engineer;
2. Payment of the Grading Permit application fee required pursuant to Sect
15.16.070 B. 6;
3. Payment of a Grading Permit fee in an amount as determined by City COUI
resolution;
4. Submittal of a fully executed grading and erosion control agreement toget
with the required cash and/or other securities;
5. Submittal of proof of valid Coastal Development Permit, Stream Alterati
Permit, Army Corps Permit, National Pollutant Discharge Elimination Systc
Permit or other permits, if any, required by other departments or agencies u
competent authority; and,
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6. Completion of all environmental documentation in accordance with Title 19.04
this code.
B. The issuance or granting of a Grading Permit or approval of grading pla
of, any violation of any of the provisions of this Chapter or any other chapter of this Co
Permits presuming to give authority to violate or cancel the provisions of this Chaptel
any other chapter of this Code shall not be valid.
specifications and computations shall not be construed to be a permit for, or an apprc
6 C. The issuance of a Grading Permit based on approved grading plans, specifications i
other data shall not prevent the City Engineer from thereafter requiring correction of err
7 in said plans, specifications and other data, or from preventing grading operations be
carried on thereunder when in violation of this Chapter or any other chapter of this Codc
8 I1 9 15.1 6.1 20 Grading Permit limitations, requirements and procedures.
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A. All Grading Permits shall be subject to the following limitations, requirements i
procedures:
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1. Scope of Work; Amendments. Issuance of a Grading Permit shall constit
authorization to do only that work which is described on the application for
permit and detailed on the grading plans and specifications approved by the (
Engineer in accordance with the provisions of this chapter. No approved grad
plans or specifications may be modified without approval by the City Engineer c
revised grading plan. Application for the revision of a grading plan shall
submitted to the City Engineer on the prescribed form, accompanied by a grad
plan revision fee in the amount set forward in the fee schedule approved by (
Council resolution. Modifications which substantially affect the basic tract desigr
land use as described on any prior discretionary approvals, issued pursuanl
Titles 20 and 21 of this code, must have the approval of the appropriate approv
authority.
2. Jurisdictions of Other Agencies. Permits issued under the provisions of 1
chapter shall not relieve the owner of the responsibility for securing permits
licenses that may be required from other departments or divisions of all govern
agencies.
3. Time Limits; Extensions. The permittee shall fully perform and complete all
the work required to be done pursuant to the Grading Permit within the time li
specified therein or, if no time is so specified, within one hundred eighty days ai
the date of issuance of the permit. The specified time limit may be extended
action of the City Engineer upon written request of the permittee, owner or sur
showing that good and sufficient cause has prevented the permittee fr
completing the grading work within the allotted time limit. All such extens
requests shall be accompanied by an extension fee in an amount as establist
by City Council resolution.
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4. Time of Grading Operations. Grading operations within one-half mile of
structure for human occupancy shall not be conducted between the hours
sunset and seven a.m. Grading operations may be allowed during specific hol
after sunset or before seven a.m. if the City Engineer determines that su
operations are not detrimental to the health, safety or welfare of the inhabitants
such a structure. The permitted hours of operation may be shortened by the C
Engineer upon a finding of a previously unforeseen effect upon the health, safc
or welfare of the public.
5. Noise Limitations. The noise limitation provisions of Chapter 8.48 of this co
shall be observed.
6. Hauling Operations. All hauling operations to or from the grading site shall
conducted in accordance with City Code, over the route and in accordance with 1
procedures prescribed by the City Engineer in the Grading Permit.
7. Storm Damage Precautions. All grading operations shall install protect
measures to prevent unnecessary erosion and sedimentation as follows:
a. All Grading Permits issued during the rainy season or within 30 days
the start of the rainy season shall require the installation of erosion a
sedimentation control protective measures in advance of the start of 1
grading work in accordance with City Standards;
b. All Grading Permits issued earlier than 30 days prior to the start of 1
rainy season shall require the installation of all erosion and sedimentati
control protective measures within 30 days prior to the start of the ra
season in accordance with City Standards;
c. All erosion and sedimentation control protective measures shall
maintained in good working order throughout the duration of the ra
season unless it can be demonstrated to the City Engineer that th
removal at an earlier date will not result in any unnecessary erosion of
sedimentation on public or private properties; and,
d. All slopes required to be landscaped and irrigated shall be landscap
and irrigated within the time limits as specified in the Landscape Manual.
other erosion and sedimentation control protective measures shall
installed as quickly as practicable.
8. Inspection and Testing. The applicant shall ensure that the work is inspeci
and tested as follows:
a. Inspection and testing of the grading work by a soils or civil engineer
ensure proper compaction of fill materials, stability of the cut and fill slor
and general compliance of the grading work with the recommendations
the preliminary soils report, City Standards, permit conditions and i
provisions of this chapter.
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b. Inspection and survey of the grading work by a civil engineer to ens1
that all building pads, street grades and drainage facilities have be
constructed in general conformance with the locations and elevations
shown on the approved grading plans.
c. Where unusual or hazardous geotechnical conditions exist upon
beneath the grading site, a geologist shall inspect all or any portion of
grading work to assure that all geologic and geotechnical conditions hi
been adequately addressed and that any recommended correci
measures are incorporated into the work.
9. Partial Releases. The City Engineer may authorize the partial release o
portion of the grading work to allow construction of a structure pursuant ti
building permit issued in accordance with this code and in accordance with
following requirements:
a. Prior to the issuance of such building permit for any given lot or lots,
engineer-of-work, or another civil engineer as may be approved by the (
Engineer, shall provide the City Engineer with a written statement certif)
that, in their professional opinion, all grading for the proposed building I
was completed within the tolerances allowed pursuant to City Standa
and that all embankments, cut slopes and pad elevations are construc
as shown on the approved plans.
b. The soils or civil engineer shall provide the City Engineer with a wril
statement certifying that, in their professional opinion, all embankme
beneath the proposed building pad site have been constructed
accordance with City Standards and the recommendations of
preliminary soils report.
c. The City Engineer may also require compliance with any ot
requirement or condition as may be deemed necessary to ensure
health, safety and welfare of the public prior to release of the site for
purpose of issuing a building permit.
IO. Final Reports. Upon completion of the grading work the permittee shall ens
that the following reports and documents are submitted to the City Engineer:
a. A written statement signed by the engineer-of-work, or another 1
engineer as may be approved by the City Engineer, which shall state ti
in their professional opinion, all grading work and drainage facilities h8
been completed in substantial conformance with the Grading Permit. -
approved grading plan on file with the City shall be amended by
engineer-of-work, or another civil engineer as may be approved by the (
Engineer, to show the as-built elevations for all pads, streets and drainl
facilities together with any other field modifications or changes made to
original approved plans.
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b. A report by a soils or civil engineer which shall include recommended I
bearing capacities for the project site, a statement as to the expans
qualities of the soil, and summaries of field and laboratory tests. T
locations of such tests and the limits of the compacted fill shall be shown
a final plan, prepared by the soils or civil engineer and submitted to the C
Engineer with the final soils report, which shall also show by plan a
cross-section the location of any rock disposal areas, sub-drains and
buttress fills if such were involved in the grading. The final soils report st
contain a written statement that all soils inspections and tests were m2
by, or under the supervision of, the soils or civil engineer and that in 1
professional opinion of the soils or civil engineer, all embankments h:
been constructed and compacted to City Standards and in accordance \n
the earthwork specification of the preliminary soils report.
c. A report and an as-graded geologic map of the site prepared by '
geologist which shall include specific approval of the grading as affected
geological factors. Where necessary, such report shall include geolo!
cross-sections and recommendations regarding the location of buildin!
sewage disposal systems or any other special requirements.
11. Notification of Noncompliance. If, in the course of fulfilling their responsibi
under this chapter, the engineer-of-work, soils engineer or geologist finds that t
work is not being done in conformance with the Grading Permit, this chapter or t
approved plans and specifications or with accepted engineering practices, th
shall immediately notify the permittee and the City Engineer, in writing, of t
nonconformity and of the recommended corrective measures to be taken.
15.1 6.1 30 Responsibility of permittee.
A. The permittee shall be responsible for the following:
1. Completion of all work in compliance with the approved Grading Permit, plz
and specifications, City Standards, the Landscape Manual and the requirements
this code;
2 Protection of public and/or franchise facilities, utilities or services from dama
caused by the grading operation;
3. Protection of adjacent public or private properties from damage caused by t
grading operation;
4. Preservation of adjacent and on site environmental resources, which are outsi
of the scope of work, from the impacts of the grading operation;
5. Installation and maintenance of drainage and erosion control measures
protect downstream properties and habitats from flooding, sedimentation and ott
adverse impacts caused by the grading operation or the increase in surface wa
runoff resulting from the grading operation; and,
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6. Inspection and testing of the grading work to ensure conformance with the pla
and specifications, the recommendations of the soils and geotechnical enginee
City Standards, the Landscape Manual and the provisions of this chapter.
B. The responsibilities described in this section shall also apply to the permitte,
authorized agents, contractors or employees; however, any such application shall not
any way relieve or absolve the permittee from the responsibility to grade or to conduct 1
grading operation consistent with this section or this chapter. The permittee shall he
ultimate responsibility over the actions and conduct of any and all authorized ager
contractors and employees with regard to the performance of the permitted work a
compliance with this section.
15.16.140 Grading and erosion control agreement and securities.
A. Secured Agreement Required. Prior to issuance of a Grading Permit, the permiti
shall enter into a secured grading and erosion control agreement with the City
guarantee performance of the grading work in compliance with the Grading Permit.
B. Form of Secured Agreement. The grading and erosion control agreement shall be ir
form as prescribed by the City Attorney which shall include, but not be limited to, 1
following:
1. Incorporation of the Grading Permit and the approved plans and specificatic
as part of the agreement;
2. Agreement by the permittee to comply with all the terms and conditions of 1
Grading Permit including the Grading Permit time limits;
3. Agreement by the permittee to comply with all provisions of this chapter E
other applicable laws and ordinances;
4. A cost estimate prepared by a civil engineer which provides for the construct
of all earthwork, drainage facilities, retaining walls, erosion control measul
including the cost of maintenance during the period of time the permit is acti
geotechnical mitigation measures, landscaping, irrigation and any other ite
needed to complete the grading work;
5. Agreement to indemnify and hold the City harmless against any and all clai
arising from the performance of the grading work; and,
6. Agreement by the permittee to maintain all safety and erosion control measul
until the grading work is complete and stabilized against erosion in accordance \n
City Standards.
C. Security Types. The grading and erosion control agreement shall be secured using c
or more of the security types listed in Section 20.16.070.
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D. Security Requirements. Security offered to guarantee performance in connection 1
grading and erosion control agreement shall meet the following requirements:
1. The amount of the security shall be sufficient to guarantee performance of
grading work described on the approved grading plans and specifications
estimated in subsection 15.16.140 B. 4.;
2. Surety bonds shall be valid upon the date of filing with the City and shall rem'
valid until the work has been completed to the satisfaction of the City Engine
Any extension of the time specified in the permit shall not be cause for release c
surety bond;
3. The surety company which issues a surety bond shall meet or exceed t
minimum qualifications established by the City Council by resolution;
4. The City Engineer may require that up to ten percent of the engineer's estimat
cost for the grading work be submitted in the form of a cash deposit, provid
however, that no such cash deposit shall be less than $500. The cash deposit rn
be utilized by the City to cure any default in regard to the performance of w(
covered by the grading and erosion control agreement including but not limited
cleaning, repair and rehabilitation of public or private facilities that are damaged
sedimentation, erosion or construction activities and to insure that adequ;
safeguards for the prevention of erosion and sedimentation are in place wl-
needed;
5. The City Engineer may allow a single security to cover work under multil
Grading Permits when the work covered is either part of a progressive constructi
of a single project or when several concurrent projects are being constructed
one permittee. In such cases, the grading and erosion control agreement sh
include reference to the multiple permit requirements or a grading and erosi
control agreement shall be submitted for each separate permit; and,
6. The City Engineer may permit substitution of the required security either in ki
or of any other type allowed for in Section 20.16.070. provided, however, that t
substitute security is adequate to insure completion of the remaining work to
performed and the security is found to be of proper form and substance. T
original security may be released upon acceptance of the new security and up
determination that all conditions of the permit are being complied with and there
no default as to the performance of the work up to the date of acceptance of t
new security.
E. Secured Agreement Waivers. The City Engineer may waive the requirement for
secured agreement or may waive all or any portion of the security amount if the appk
clearly demonstrates to the City Engineer that the proposed grading work will r
adversely affect or will have minimal impact upon public or private property and upon t
health, safety and welfare of the public. In no such case shall the City Engineer reduce t
security amount below the amount needed to ensure public safety and to secure the s
against erosion.
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F. Reduction of Security. The City Engineer may reduce the amount of the secul
commensurate with the value of the grading work which has been completed. In no ci
shall the security be reduced below the amount necessary to ensure public health, saf,
and welfare.
G. Release of Security. The City Engineer shall release the security held by the city
secure the grading work upon completion of the work in substantial compliance with 1
terms and conditions of the permit and the provisions of this chapter.
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may, in addition to any other administrative and judicial remedies allowed pursuant to tl 7
terms and requirements of the grading and erosion control agreement, the City Enginc
H. Default Procedures. Whenever the permittee fails to perform in compliance with '.
held as security for the grading and erosion control agreement in accordance with 1 8
Chapter, make a demand upon the cash, letter of credit, surety bond or other collate
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1. Notice of Default. The City Engineer shall send a written Notice of Default
certified mail to the permittee which specifies the permit number and identifies t
location, nature and extent of the activity or condition which contributed to 1
default. The Notice of Default shall specify the work to be done to cure the defal
the estimated cost of such work and the period of time deemed by the C
Engineer to be reasonably necessary for the completion of such work. A copy
the Notice of Default shall be mailed to the owner of the grading site and to 1
surety company, bank or institution which provided the security for the grading a
erosion control agreement.
2. Emergency Corrective Actions. In the event the work needed to cure the defa
is not completed by the permittee, surety company or financial institution within t
period of time specified on the Notice of Default, the City Engineer may thereup
enter the property for the purpose of performing, by city forces or by other meal
the necessary corrective or curative work. The cost for such corrective work sh
be paid for by the permittee, surety company or financial institution as provided 1
in this section.
3. Surety Bond, Letter of Credit or Instrument of Credit. Upon receipt of the Noti
of Default, the surety company or financial institution shall, within the tir
specified, cause or require the work needed to cure the default to be performed,
failing therein, shall pay over to the city the estimated cost of doing the work as :
forth in the Notice of Default.
4. Cash Deposit. Upon expiration of the time period specified in the Notice
Default, the City Engineer may withdraw all or any portion of the cash deposit
reimburse the City for completing or having a third party complete the work needc
to cure the default as specified in the Notice of Default. Upon utilizing the ca
deposit, the City Engineer shall notify the applicant in writing of the amount utilizc
and the purpose for which the deposit was used.
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15.16.150 Agreement for Uncontrolled Stockpile.
A. Applications for Grading Permits involving uncontrolled stockpiles shall be accompar
by an agreement signed by the property owner.
B. The agreement shall be in a form as prescribed by the City Attorney which shall inch
but not be limited to, the following:
1. Owner acknowledgment that the grading or fill material is designated as
uncontrolled stockpile;
2. Owner acknowledgment that the site is not eligible for a building permit unl
special soils analysis and foundation design are submitted and approved by
City Engineer or, the site is subsequently graded pursuant to a valid Grac
Permit issued in accordance with the provisions of this chapter;
3. Agreement by the owner that the grading or stockpile work will be done
accordance with grading plans and specifications as approved by the (
Engineer;
4. Agreement by the owner that the stockpile will be maintained in a safe i
sanitary manner at the sole cost, risk and responsibility of the owner;
5. Agreement by the owner indemnifying and holding the City harmless against
and all claims arising from the grading or maintenance of the stockpile; and,
6. Agreement by the owner that the Agreement for Uncontrolled Stockpile will in
and be binding upon any and all successors in interest to the property.
C. The Agreement for Uncontrolled Stockpile shall be approved by the City Engineer i
recorded by the City Clerk in the office of the County Recorder as constructive notice ul
the land involved. The notice shall remain in effect until release of the agreement is f
by the City Engineer.
15. I 6.160 Appeals.
A. An individual may appeal the decision of the City Engineer made in regard
administration of this chapter to the City Council within ten calendar days following
decision. Appeals shall be in writing, filed with the City Clerk and shall state the basis
the appeal. Fees for filing an appeal shall be in an amount as established by resolutior
the City Council. The decision of the City Council shall be final.
B. The city clerk shall thereupon fix a time and place for hearing such appeal. The
clerk shall give notice to the appellant and applicantlpermittee of the time and place
hearing by serving the notice personally or by depositing it in the United States Post OF
in the city, postage prepaid, addressed to such persons at their last known address.
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15.16.170 Unlawful acts.
A. It is unlawful to:
1. Perform grading work without a Grading Permit when such permit is requ
pursuant to this Chapter;
2. Perform any grading work which is not in conformance with an appro
Grading Permit;
3. Make a false statement or furnish false data on any application, grading p
engineering report or other document required pursuant to the provisions of
Chapter; or,
4. Delay, frustrate or othewise hinder the efforts of the City Engineer or his/
designee from carrying out the duties required pursuant to the provisions of
Chapter.
B. Regardless of whether or not a Grading Permit has been issued or is required to
issued, it is unlawful for any person to commit or cause to be committed the following 2
or, to maintain or cause to be maintained a property in such a manner as to result in
commission of the following acts:
1. Grading in such a manner as to become a hazard to life and limb or to endar
property or to adversely affect the safe use or stability of a public property, placc
way;
2. Dump, move or place any soil, sand, gravel, rock or other earthen material
leave any bank, slope or other earthen surface unprotected so as to cause
such earthen material to be deposited upon or to roll, blow or wash upon or c
the premises of another without the express consent of the owner of each s
premises so affected or, upon or over any public property, place or way. S
consent shall be in writing and in a form acceptable to the City Engineer; or,
3. Transport, haul or otherwise move any soil, sand, gravel, rock or other eart
material over any public or private street, place or way in such a manner a!
allow such materials to blow or spill over and upon such public or private str
place or way.
15.16.180 Investigation fee.
A. Whenever any work for which a permit is required by this code has been commen
without first obtaining a Grading Permit or an unlawful act, as defined in Sec
15.16.170, has been committed, the City Engineer shall conduct a special investiga
into the cause, extent and potential remedial actions that must be undertaken befor
new permit may be issued, the Stop Work Notice is removed or the Notice of Grac
Violation is released. The City Engineer shall collect an investigation fee from the offer
whether or not a permit is then or subsequently issued. The investigation fee shall
established by resolution of the City Council and shall be in addition to any required pe
fee. The investigation fee may be reduced or waived if the City Engineer finds that:
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1. The amount of the investigation fee is significantly out of proportion to the (
of the administrative work necessary to investigate the violation or unlawful act;
2. The violation or unlawful act was not in the control of the property owner and
property owner took immediate action to correct the violation upon notificatior
the City Engineer; or,
3. The violation or unlawful act was caused by or resulted from an unintentic
action or misunderstanding of City codes or a directive issued by the City Engir
or the City Engineer's authorized representative.
B. The payment of an investigation fee shall not exempt any person from compliance 1
all other provisions of this code nor from any penalty prescribed by law.
15.16.1 90 Enforcement measures; Remedies.
A. Whenever the City Engineer determines that an unlawful act, as defined in Sed
15.16.170, has been committed by an individual operating with or without benefit c
Grading Permit, the following enforcement measures and remedies may be undertaker
the City Engineer, in lieu of or in addition to any remedial actions undertaken
accordance with Section 15.16.140:
1. Stop Work Notice. The City Engineer may issue a Stop Work Notice demanc
that all unlawful activities, as defined in this chapter, be stopped until a v
Grading Permit is obtained or corrective action is authorized by the City Enginl
The City Engineer may allow continuance of the work to the extent necessar
install protective measures to safeguard the public or to secure the site aga
erosion and sedimentation. Prior to resumption of any work, other than as ma)
permitted by the City Engineer pursuant to this Subsection , on a permitted grac
operation, the permittee shall restore all cash deposits and/or other securi
consumed by the City to the amount specified in the approved grading and ero!
control agreement.
2. Owner Notification. The owner of the property shall be notified in writing thz
violation has occurred. The notification shall specify the location, nature and ex1
of the activity or condition which contributed to the violation, the corrective ad
needed to cure the violation and the period of time deemed necessary by the (
Engineer to correct the violation.
3. Record Notice of Grading Violation. In the event that the owner does not con
the violation in the manner or within the time period requested by the (
Engineer, the City Engineer shall record a Notice of Grading Violation against
property with the County Recorder. Upon completion of any corrective aci
and/or issuance of a valid Grading Permit and upon payment of the investiga
fee required pursuant to this section, the City Engineer shall file a Notice
Release of Grading Violation with the County Recorder releasing the property fl
the Notice of Grading Violation.
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4. Prohibition of Development Permits. Any property which has a Notice of Grad
Violation recorded against it shall be prohibited from obtaining or using i
development permit pursuant to chapters 18, 20 and 21 of this code until after
corrective actions are taken in accordance with the requirements of the C
Engineer and, a Notice of Release of Grading Violation has been recorded with t
County Recorder.
5. Investigation fee. An investigation fee shall be paid by the person responsit
for the violation in accordance with the provisions of this chapter. The payment
such investigation fee shall not relieve any person from the performance of t
corrective work or otherwise complying with the requirements of this chapter.
6. Criminal Penalties. Each person, firm or corporation who commences or dol
any grading contrary to the provisions of this chapter, or otherwise violates tl
provisions of this chapter, is guilty of an infraction. Every day during any portion
which any violation of any provisions of this title is committed, continued
permitted by such person, firm or corporation, shall be deemed a separate violati
and shall be punishable as provided in this title and in Section 1.08.010(b) of tt
code.
7. Abatement of Public Nuisance. Any grading commenced or done contrary to tl
provisions of this chapter, or other violation of this chapter, shall be, and the san
is declared to be, a public nuisance. Upon order of the City Council, the Ci
Attorney shall commence necessary proceedings for the abatement of any su(
public nuisance in the manner provided by law. Any failure, refusal, or neglect
obtain a permit as required by this chapter shall be prima facie evidence of the fa
that a public nuisance has been committed in connection with any gradir
commenced or done contrary to the provisions of this chapter.
8. Civil Action. The City Attorney may, at the request of the City Engineer, initial
any appropriate civil action in a court of competent jurisdiction to enforce the Sto
Work Notice, including the required corrective actions, and/or the grading an
erosion control agreement, including the recovery of any funds expended by th
City to abate any public nuisance resulting from an unlawful act as defined i
Section 15.16.170 and any additional civil penalties provided for by law.”
SECTION V: That Title 19, Chapter 19.04 is amended by the amendment of S
19.04.050 (a) to read as follows:
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“This chapter shall apply to all projects in the City undertaken or pursued by thc
and to all permits, licenses approvals or other entitlements for any of the following, prc
that they are not otherwise exempted:
(1 ) Zone change and zone code amendments;
(2) Variances;
(3) Master plans, specific plans or precise development plans, or amendments
thereto;
(4) Residential and non-residential planned development permits;
(5) Conditional or special use permits;
(6) Redevelopment permits;
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(7) Parcel Maps;
(8) Tentative subdivision maps;
(9) Site development plans;
(1 0) Adoption or amendment of a general plan or element thereof;
(1 1 ) Condominium permits;
(12) Any other private activity which requires a City entitlement which would I
adverse significant effect on the environment;
(1 3) Any project where the City or its staff exercises deliberation or judgmer
approval process;
(1 4) Planned industrial permits;
(I 5) Hillside development permits;
(1 6) Coastal development permits;
(17) Local coastal plan amendments.”
RE-ENACTMENT AND CONTINUATION: Section II of this ordinance repc
Chapter 11.06 and Section IV re-enacts it as Section 15.16. Such repeal shall not af
any punishment or penalty incurred before the repeal takes effect, nor any I
prosecution or proceeding pending at the time of the repeal for an offense commii
under the ordinance repealed. It is the City Council’s intention by such re-enactment i
there be no break in the continuous operation of the old ordinance, and no abatemen
the legal consequences of acts done under the old ordinance.
EFFECTIVE DATE: This ordinance shall be effective sixty (60) days after
adoption and the City Clerk shall certify to the adoption of this ordinance and cause i
be published at least once in a newspaper of general circulation in the City of Carlsbad
Ill
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2 within fifteen (15) days after its adoption. Not withstanding the above, the ordinance
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shall not become effective within the Coastal Zone until approved by the California
Coastal Commission.
5 INTRODUCED AND FIRST READ at a regular meeting of said City
6 Council held on the 19th day of November , 1996, and thereafter,
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
City Council held on the 3rd day of December , 1996 by the following vote, to
wit:
AYES: Council Members Lewis, Nyg
NOES: None
ABSENT: None
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11 ATTEST:
ALETHA L. MUTE (SEAL)
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