HomeMy WebLinkAbout2008-04-01; City Council; NS-878; Amending the Municipal Code...1 EXHIBIT 1
ORDINANCE NO. NS-878
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA, AMENDING TITLE 11, CHAPTER 11.16 OF THE CARLSBAD
MUNICIPAL CODE REQUIRING WORK IN THE PUBLIC RIGHT-OF-WAY TO
4 COMPLY WITH NEW STORM WATER PROTECTION REQUIREMENTS OF
THE UPDATED SAN DIEGO REGIONAL WATER QUALITY CONTROL
5 BOARD MUNICIPAL PERMIT (ORDER NO. 2007-0001) AND, PROVIDING
AUTHORITY AND ESTABLISHING PROCEDURES FOR THE PROCESSING
6 OF IMPROVEMENT PLANS FOR NON-SUBDIVISION DEVELOPMENTS.
7 The City Council of the City of Carlsbad, California, hereby ordains as follows:
8 SECTION 1: That Title 11, Chapter 11.16.020 of the Carlsbad Municipal Code is
9 amended to read as follows:
10 11.16.020 Definitions
For the purpose of this chapter, the following words, terms and phrases shall have the following
meanings as set out in this section:
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A. "City engineer" means the city engineer of the City of Carlsbad or his designated
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representative.
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B. "Encroachment" means and includes any tower, pole, pole line, pipe, pipeline, fence,
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billboard, stand or building, or any structure or object of any kind or character not particularly
16 mentioned in this subsection, which is placed in, under or over any portion of a public place.
C. "Facility" means any street, highway, curb, gutter, fencing, pipe, pipeline, tube, main,
18 service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole,
'** pole line, anchor, cable, junction box, transformer or any other material structure or object of
20 any kind or character, whether enumerated in this subsection or not which is constructed,
21 left, placed or maintained in, upon, along, across, under or over any public piace.
22 D. "Improvement plans" means the construction plans, prepared by a civil engineer, in
23 accordance with City Standards for the purpose of describing a public improvement to be
24 constructed, repaired, rehabilitated and/or otherwise installed in a public place. The term may
25 also be used to mean the construction pians, prepared by a civil engineer, in accordance with
26 City Standards for the purpose of describing a private improvement to be constructed,
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1 repaired, rehabilitated and/or otherwise installed on private property or in a public easement
2 or right-of-way.
3 E. "Plans" means the document developed and approved by the city engineer describing the
4 nature and extent of works proposed to be constructed or carried out on a public place.
5 F. "Public place" means any public street, highway, way, place, alley, sidewalk, easement,
5 right-of-way, park, square, plaza or other similar public property owned or controlled by the
7 city and dedicated to public use.
o G. "Redevelopment director" means the redevelopment director of the city of Carlsbad or his
designated representative.9
H. "Specification" means the Standard Specifications for Public Works Construction (current
edition including supplements) written and promulgated by Southern California Chapter
American Public Works Association and Southern California District Associated General
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Contractors or California Joint Cooperative Committee and published by Building News
13 Incorporated, or such other specifications noted on approved plans.
14 I. "Standard drawings" means the "standard drawings" of the City of Carlsbad, adopted and
15 revised by the city engineer and the most recently adopted San Diego Area Regional
^ Standard Drawings.
17 in addition to the above defined words, terms and phrases, the definition of words, terms and
18 phrases, as described in Chapter 15.04, shall apply to this chapter.
19 SECTION 2: That Title 11, Chapter 11.16.090 of the Carlsbad Municipal Code is
2Q amended to read as follows:
11.16.090 Permits - Requirements for performance of work.
A. The permittee shall perform the work in a timely manner, in accordance with approved
plans, specifications and City Standards and, to the satisfaction of the city engineer.
B. No person shall cause any public improvement or appurtenant work to be performed upon
any public place within the city by any person other than a licensed contractor or a public
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C. Any works conducted requiring the temporary, partial or full closure of the traveled or
pedestrian right-of-way shall not be commenced until the permittee has obtained a permitZo
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therefor pursuant to Title 8 or Title 10 of this code and has been issued a traffic-control
permit stipulating the date, time and provisions under which closure may be carried out.
D. As the work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth,
rock and other debris resulting from such work. All cleanup operations at the location of
such work shall be accomplished at the expense of the permittee. From time to time, as may
be ordered by the city engineer, and in any event immediately after completion of the work,
the permittee shall, at its own expense, clean up and remove all refuse and unused
materials of any kind resulting from the work. Upon failure to do so, within twenty-four hours
after having been notified, the work may be done by the city and the cost thereof charged to
the permittee. Whenever it may be necessary for the permittee to excavate through any
landscaped area, the area shall be reestablished in a like manner after the excavation has
been backfilled as required. All construction and maintenance work shall be done in a
manner designed to leave the area clean of earth and debris and in a condition as nearly as
possible to that which existed before such work began. The permittee shall not remove,
even temporarily, any existing trees or shrubs without first obtaining the consent of the city
engineer.
E. All work affecting public improvements or public safety shall be inspected by the city
engineer as follows:
1. No person shall prevent or obstruct the city engineer in making any inspection
authorized by this chapter or in taking any sample or in making any test;
2. Twenty-four-hour notice to the city engineer is required for all inspections:
3. All work not in conformance with approved plans and specifications is subject to
rejection by the city engineer;
4. Request for final inspections shall be made in writing.
F. Prior to the issuance of a right-of-way permit for a project, the project owner or authorized
agent shall-
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1. Provide the city engineer with a completed storm water requirements applicability
questionnaire in accordance with SUSMP requirements;
2. If the project is determined to be a priority development project, then the project owner
or authorized agent shall:
(a) Prepare and submit a storm water management plan in conformance with the
requirements of City Standards and Title 15 of this code;
(b) Enter into a Permanent Storm Water Quality Best Management Practices
Maintenance Agreement or provide an alternate maintenance mechanism as
approved by the city engineer.
G. A city-approved Construction SWPPP is required to be submitted prior to right-of-way permit
issuance in accordance with City Standards and Chapter 15.16.085 of this code for any
project which has the potential for adding pollutants to storm water or non-storm water runoff
during construction activities, unless an exemption from such requirement is provided
pursuant to Chapter 15.16.085 and the Municipal Permit.
SECTIONS: That Title 11, Chapter 11.16.110 of the Carlsbad Municipal Code is
amended to read as follows:
11.16.110 Permits - Denial and revocation.
A. The city engineer may deny the issuance of a right-of-way permit to any person who refuses
or fails to comply with the provisions of this chapter, who is indebted to the city for past
permit violations or who in the judgment of the city engineer has repeatedly violated permit
procedures or failed to comply with conditions requiring protection of the public health and
safety.
B. The city engineer may deny the issuance of a right-of-way permit to any person who refuses
to execute an encroachment agreement as required pursuant to Section 11.16.060.
C. Any permittee found in violation of the conditions of a right-of-way permit or the provisions of
this chapter shall be given a written notice to comply stipulating the code violation. Upon
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1 receipt of a notice to comply, the permittee shall take action to correct the condition of
violation within the period stipulated in the notice. If within that period appropriate measures
have not been implemented, the city engineer may revoke the right-of-way permit and take
any measures required to secure the work site or return the work site to its original condition.
5 The cost of such work may be collected from the permittee.
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D. The city engineer shall deny the issuance of a right-of-way permit to any person who refuses
to comply with all storm water protection provisions of this chapter or Title 15 of this code.
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SECTION 4: That Title 11, Chapter 11.16 of the Carlsbad Municipal Code is amended
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by the adoption of new Sections 11.16.145 and 11.16.146. to read as follows:
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11.16.145 Improvement Plans.11
12 A. Improvement plans shall be prepared in accordance with City Standards and this chapter for
13 all work involving the construction, repair and/or major rehabilitation of public improvements
14 within a public place. The city engineer may waive the requirement for preparation of
15 improvement plans if, in the opinion of the city engineer, the improvements are of a size or
16 type that does not warrant the preparation of improvement plans.
^7 B. A separate application for each set of improvement plans, if required, shall be made in
'° advance of submittal for a right-of-way permit. Each application for improvement plan review
1Q shall include a completed application form, improvement plans, specifications, engineering
20 calculations, a soils and/or geotechnical investigation, and other such calculations,
21 documentation and information as may be necessary to demonstrate that the improvement
22 work will be carried out in substantial compliance with all city codes, City Standards and the
03 requirements of the Landscape Manual. Each improvement plan review application shall be
24 accompanied by a Construction SWPPP prepared in accordance with the requirements of
25 this chapter, Title 15 and City Standards.
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C. An improvement plan review fee and inspection fee shall be charged by the City for the
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processing of the improvement plan review and inspecting the improvements during
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1 construction. The fees shall be established by resolution of the city council and are for the
2 purpose of defraying the cost of processing the improvement plan review and inspecting the
3 improvements during construction. The improvement plan review fee and inspection fee are
4 in addition to any other plan review, inspection and permit issuance fees charged for the
5 issuance of a right-of-way permit or processing grading plans and building plans or, the
6 issuance of permits thereto.
D. Improvement plan applications for which city approval is not granted within one year following
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the date of application shall be deemed withdrawn. The improvement plans and other
g documents submitted for review may thereafter be returned to the applicant or destroyed by
the city engineer. The city engineer may extend the time for action by the applicant for a
11 period not exceeding one hundred eighty days upon request by the applicant showing that
12 circumstances beyond the control of the applicant have prevented action from being taken.
13 No application shall be extended more than once. In order to renew action on an application
14 after withdrawal, the applicant shall resubmit a new application and pay new improvement
15 plan review and inspection fees.
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E. The city engineer may authorize refunding of the entire improvement plan inspection fee and
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not more than eighty percent of the improvement plan review fee paid when an application for
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a improvement plan is withdrawn in accordance with this section. The city engineer shall not
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authorize refunding of any fee paid except upon written application filed by the original20
applicant not later than sixty days after withdrawal of the improvement plan application by the
applicant, when withdrawn prior to completion of the improvement plan review.
23 F. Any application in process on the effective date of this code amendment shall be subject to
24 the provisions of this section. The filing date for such application shall be considered to be the
25 effective date of the code amendment.
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11.16.146 Improvement Plan Security.
A. The owner, developer or subdivider shall enter into a secured agreement with the city
guaranteeing the construction of the public improvements in accordance with this chapter and
the improvement security requirements of Chapters 20.16.070 and 20.16.080 of this code,
c prior to issuance of a right-of-way permit or at such other time as required per the conditions
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of approval for projects approved pursuant to Titles 20 and 21 of this code.
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B. The improvement security release procedures described in Chapter 20.16.090 of this code
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shall be followed for release of security posted per the requirements of this section.
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EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption;
and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least
once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its
adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 25th day of March, 2008, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 1st day of April, 2008, by the following vote:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY
RONAtCJ R. BALL, City Attorney
CLAUDE A LEWIS, Mayor
ATTEST:
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