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HomeMy WebLinkAbout2008-04-01; City Council; NS-881; Amending the Municipal Code...1 EXHIBIT 4 ORDINANCE NO. NS-881 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, AMENDING TITLE 15, CHAPTER 15.16 OF THE CARLSBAD MUNICIPAL CODE ESTABLISHING REQUIREMENTS AND PROCESSING 4 PROCEDURES FOR THE PREPARATION OF CONSTRUCTION STORM WATER POLLUTION PREVENTION PLANS AND REVISING STORM 5 WATER ENFORCEMENT PROVISIONS TO COMPLY WITH THE NEW STORM WATER PROTECTION REQUIREMENTS OF THE UPDATED SAN 6 DIEGO REGIONAL WATER QUALITY CONTROL BOARD MUNICIPAL PERMIT (ORDER NO. 2007-0001) AND, MODIFYING AND CLARIFYING 7 PROCESSING PROCEDURES FOR THE PREPARATION AND REVIEW OF GRADING PLANS. 8 The City Council of the City of Carlsbad, California, hereby ordains as follows: 9 SECTION 1: That Title 15, Chapter 15.16.030 of the Carlsbad Municipal Code is 10 amended to read as follows:11 15.16.030 City engineer authority. A. This chapter shall be administered by the city engineer who shall have the authority andn o responsibility to:14 1. Establish the form and procedures for application for grading permits required pursuant to15 this chapter including the certification of completed applications, the approval of grading16 plans, Construction SWPPPs, the establishment of files, the processing of secured grading and erosion control agreements and the collection of fees and security deposits;1o 2. Interpret the provisions of this chapter and advise the public regarding requirements forI y __ grading plans, Construction SWPPPs, specifications and special provisions; „. 3. Establish the format and content of grading plans, Construction SWPPPs, specifications 22 and special provisions pursuant to the provisions of this chapter; go 4. Establish and promulgate city standards to govern grading and storm water pollution 24 prevention work in accordance with good engineering practice pursuant to the provisions 25 of this chapter; 2g 5. Issue permits and approve amendments, including extensions, to permits found to 27 conform with this chapter and applicable city standards and the landscape manual; 28 48 1 6. Issue and maintain permanent records of determinations of exemption authorized by 2 Section 15.16.060; 3 7. Approve grading and erosion control agreements; 4 8. Accept surety bonds and other forms of security in connection with grading and erosion 5 control agreements; 6 9. Monitor compliance of all grading work with city codes, city standards and any limitations 7 of the grading permit; 8 10. Record notices of grading violation and/or take other administrative actions against 9 violators of the provisions of this chapter; and 10 11. Grant authority to appropriate members of the city engineer's staff to act on behalf of the 11 city engineer with regard to any aspect of the administration of the provisions of this 12 chapter. 13 SECTION 2: That Title 15, Chapter 15.16.040 of the Carlsbad Municipal Code is 14 amended to read as follows: 15 15.16.040 Definitions. ifi10 Whenever the following words, terms or phrases are used in this chapter they shall be construed '' as defined in the following subsections unless from the context in which the word, term, or phrase 18 is used a different meaning is specifically defined or intended. 19 A. "Civil engineer" means a professional engineer in the branch of civil engineering holding a 20 valid certificate of registration issued by the state of California. 21 B. "Clearing and grubbing of vegetation" means the removal of any and all types of vegetation, 22 roots, stumps or other plant material and the clearing or breaking up of the surface of the land 23 by digging or other means. 24 C. "Default" means the condition or situation which results when an applicant fails to perform in 25 compliance with the terms and requirements of the grading and erosion control agreement 26 required pursuant to Section 15,16.140 of this chapter. 27 28 49 1 D. "Engineer-of-work" means the civil engineer responsible for the preparation of the grading 2 and/or construction plans, for the certification of the completed work and preparation of the 3 record plans. ^ E. "Excavation" means the cutting, digging, removal, displacement or any other movement of soil, sand, gravel, rock or other similar material from its natural or preexisting location upon or beneath the surface of the earth by the direct action of humans and/or human invention. F. "Fill" means the depositing of soil, sand, gravel, rock, or other similar materials upon or 8 beneath the surface of the earth by the direct action of humans and/or human invention. 9 G. "Finished grade" means the vertical location of the ground surface upon completion of any 10 excavation or fill. 11 H. "Geologist" means a person holding a valid certificate of registration as a geologist in the 12 specialty of engineering geology issued by the state of California under provisions of the 13 Geologist Act of the Business and Professions Code. 14 I. "Grading" means any excavation, fill, clearing and grubbing of vegetation or any combination 15 thereof.16 J. "Grading permit" means the document issued by the city engineer pursuant to Section _0 15.16.110, after having determined that the application demonstrates compliance with thisTo 1Q chapter, city standards, the landscape manual, and all applicable portions of Titles 15, 19, 20 20 and 21 of this code. 21 K. "Site" is any lot or parcel of land or contiguous combination thereof, under the same 22 ownership, where grading is proposed or performed. 23 L. "Soils engineer" means a person holding a valid certificate of registration as an engineer in 24 the specialty of soils engineering issued by the state of California under the provisions of the 25 Business and Professions Code. 26 M. "Uncontrolled stockpile" means any fill placed on land for which no soil testing was performed 27 or no compaction reports or other soil reports were prepared or submitted. 28 50 1 In addition to the above defined words, terms and phrases, the definition of words, terms and 2 phrases, as described in Chapter 15.04, shall apply to this chapter. 3 SECTION 3: That Title 15, Chapter 15.16.060 of the Carlsbad Municipal Code is the 4 amended to read as follows: 5 15.16.060 Work exempt from grading permit. 6 A. A grading permit shall not be required for the following: 7 1. An excavation below finished grade for basements and footings of a buildings retaining 8 wall or other structure authorized by a valid building permit. This shall not exempt any fill 9 made with the material from such excavation nor exempt any excavation having an 10 unsupported height greater than five feet after the completion of such structure. 11 2. Cemetery graves. 12 3. Refuse disposal sites controlled by other regulations. 13 4. Excavations for wells or tunnels or utilities. 14 5. Exploratory excavations under the direction of soil engineers or engineering geologists. 15 6. Grading on any site or contiguous sites held under one ownership in which the city '° engineer finds all of the following conditions exist: '7 a. No cut or fill material exceeds three and one half feet in vertical depth at its deepest 1R point measured from the existing ground surface. The city engineer may waive this 1Q requirement for grading work which is not intended to support a building structure; on b. No fill material is placed on an existing slope steeper than five units horizontal to one 01 vertical; 22 c. The grading work does not adversely affect the existing drainage pattern; 23 d. The toe of any fill slope or top of any cut slope is no closer than one foot to an exterior 24 property line; and 25 e. The amount of soil material moved does not exceed one hundred cubic yards. 26 7. Grading in an isolated, self-contained area if the city engineer finds that no danger to 27 private or public property can now or hereafter result from grading operations. 28 51 1 2 8. Grading on a site which has been previously graded to provide a relatively flat pad area, suitable for development, where the city engineer finds all of the following to exist: 3 a. The proposed grading work complies with all of the environmental protection 4 procedures described in Chapter 19.04 of this code; 5 b. The proposed grading will not adversely affect existing drainage patterns or result in a 6 condition which may cause damage to adjacent property; and 7 c. The proposed grading work is performed concurrent with the site preparation work 8 done in connection with a building permit issued pursuant to Chapter 18.04 of this 9 code and does not require a Hillside Development Permit (HDP) or a Coastal 10 Development Permit (CDP). 11 d. Best management practices (BMPs) for erosion control construction activities have 12 been incorporated into the construction documents and site design. 13 9. Clearing and grubbing of vegetation done for the purpose of routine landscape 14 maintenance, the removal of dead or diseased trees or shrubs or the removal of 15 vegetation done upon order of the fire marshal to eliminate a potential fire hazard or for 16 the abatement of weeds. 17 10. Clearing and grubbing of vegetation done preparatory to agricultural operations on land 18 which has been used for agricultural purposes within the previous five years. 19 11. Construction of pavement surfaces less than five thousand square feet on natural or 20 existing grade for the purposes of a private road or commercial, industrial or multi- 21 residential parking lot or travelway. 22 B. All grading work, including any grading work exempted from the requirement of a grading 23 permit as determined pursuant to subsection a of this section, shall be done in compliance 24 with City standards and Titles 15, 19, 20 and 21 of this code, and within the coastal zone, 25 shall also be consistent with all certified local coastal program provisions. 26 /// 27 /// 28 52 1 SECTION 4: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is amended 2 by the adoption of new Section 15.16.065 to read as follows: 3 15.16.065 Application for Grading Plan. 4 A. A separate application for a grading plan shall be made in advance of submittal for a grading 5 permit. 6 B. Each application for a grading plan review shall include a complete grading plan review 7 application form, grading plans, specifications, engineering calculations, a soils investigation, 8 a geotechnical report and other such documentation and information as may be necessary to 9 demonstrate that the grading work will be carried out in substantial compliance with all city 10 codes, City Standards and the requirements of the Landscape Manual. Each grading plan 11 review application shall be accompanied by a Construction SWPPP prepared in accordance 12 with the requirements of this chapter and City Standards. 13 C. The city engineer may waive submission of a geotechnical report or other required 14 documents if the applicant clearly demonstrates that the nature of the grading work applied 15 for is such that reviewing of such report or other documents is not necessary to obtain 16 compliance with this code. 17 D. A grading plan review fee shall be charged by the city for the processing of the grading plan 18 review. The fee shall be established by resolution of the city council and is for the purpose of 19 defraying the cost of processing the grading plan review. The grading plan review fee is in 20 addition to any other plan review, inspection and permit issuance fees charged for the 21 issuance of a grading permit or processing improvement plans and building plans or the 22 issuance of permits thereto. 23 E. Grading plan applications for which city approval is not granted within one year following the 24 date of application shall be deemed withdrawn. The grading plans and other documents 25 submitted for review may thereafter be returned to the applicant or destroyed by the city 26 engineer. The city engineer may extend the time for action by the applicant for a period not 27 exceeding one hundred eighty days upon request by the applicant showing that 28 53 1 circumstances beyond the control of the applicant have prevented action from being taken. 2 No application shall be extended more than once. In order to renew action on an application 3 after withdrawal, the applicant shall resubmit a new application and pay a new grading plan 4 review application fee. 5 F. The city engineer may authorize refunding of not more than eighty percent of the grading plan 6 review fee paid when an application for a grading plan is withdrawn in accordance with this 7 section. The city engineer shall not authorize refunding of any fee paid except upon written 8 application filed by the original permittee not later than sixty days after withdrawal of the 9 grading plan application by the applicant, when withdrawn prior to completion of the grading 10 plan review. 11 G. Any application in process on the effective date of this code amendment shall be subject to 12 the provisions of this section. The filing date for such application shall be considered to be the 13 effective date of the code amendment. 14 SECTION 5: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is amended 15 by the repeal of Section 15.16.090 and the adoption of new Section 15.16.067 to read as follows: 16 15.16.067 Information on grading plans, specifications and engineering reports. 17 A. All grading plans, specifications and engineering reports required for grading permit submittal 18 shall be prepared in accordance with the following requirements: 19 1. Grading plans, specifications, engineering calculations and other relevant engineering 20 data shall be prepared by a civil engineer. The grading plans shall be drawn to scale in 21 accordance with City Standards and be of sufficient clarity to indicate the location, nature 22 and extent of the work proposed and show in detail that it will conform to the provisions 23 of this chapter, City Standards, the Landscape Manual and Titles 15, 19, 20 and 21 of 24 this code. All grading plans must include provisions for implementation and maintenance 25 of all storm water pollution prevention measures identified in the Construction SWPPP 26 prepared for the project, pursuant to Title 15 and City Standards. 27 /// 28 54 1 2. Geotechnical investigation reports shall be based upon the proposed grading plan. The 2 geotechnical investigation report shall include an adequate description of the geology of 3 the site and conclusions and recommendations regarding the effect of geologic 4 conditions on the proposed development. Recommendations included in the report shall 5 be consistent with the provisions of this chapter and City Standards and shall be 6 incorporated into the grading plans and/or specifications. 7 3. Preliminary soils investigations and report(s) shall be based upon the proposed grading 8 plan. Such report(s) shall include data regarding the nature, distribution and strength of 9 existing soil types at the proposed grading site, recommendations for grading 10 procedures and design criteria for corrective measures, if required by the soils engineer. 11 Recommendations included in the report and approved by the city engineer shall be 12 incorporated into the grading plans and/or specifications. 13 SECTIONS: That Title 15, Chapter 15.16.070 of the Carlsbad Municipal Code is 14 amended to read as follows: 15 15.16.070 Application for grading permit 16 A. To obtain a grading permit, the applicant shall first file an application therefore in writing on a 17 form furnished by the city engineer for that purpose. Every such application shall: 18 1. Identify and describe the work to be covered by the grading permit for which the 19 application is made; 20 2. Describe the land on which the proposed work is to be done by legal description, street 21 address, and/or similar description that will readily identify and definitely locate the 22 proposed grading work; 23 3. State the quantity of excavation and fill for the proposed grading work including the 24 amount of excavation or fill to be imported to or exported from the grading site; 25 4. State the name, address, telephone number and state of California certification number 26 of the engineer-of-work, soils engineer and geotechnical engineer who prepared the 27 grading plan, soils report and geotechnical report for the proposed grading work; 28 55 1 5. State the name, address, telephone number, state contractors license number and 2 Carlsbad business license number for the contractor who will perform the grading work; 3 6. State the name, address and telephone number of the property owner upon whose 4 property the work will be done and the applicant requesting the grading permit; 5 7. Be signed by the applicant and property owner or their authorized agent(s); and, 6 8. Give other such information as may be required by the city engineer. 7 B. Each grading permit application shall be accompanied by: 8 1. Grading plans, specifications, calculations, reports and other data as required in Section 9 15.16.080; 10 2. Proof of all other applicable discretionary approvals, including a site plan approved in 11 accordance with such prior discretionary approvals, if any, pursuant to Title 20 or 21, 12 except where: 13 a. The grading work is necessary to complete a major arterial roadway or other major 14 public facility, will significantly reduce the need to haul fill material over public roads, 15 or is incidental to the grading for another project which has obtained all appropriate 16 development approvals in accordance with Titles 20 and 21 of this code, or 17 b. The grading work is found by the planning director to be reasonably consistent with 18 the future development of the site pursuant to the site's existing genera! plan land 19 use classification; 20 3. A completed environmental impact assessment form or submittal of other environmental 21 documentation which demonstrates compliance with the California Environmental 22 Quality Act (CEQA) and Title 19 of this code; 23 4. All appropriate documentation evidencing the applicant's right to enter upon and grade 24 property not within the ownership of the person signing the grading permit application 25 form; 26 5. An agreement for uncontrolled stockpile, if required, signed by the property owner with 27 appropriate signature notarization; and, 28 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. A grading permit application fee in an amount as established by the city council by resolution. A separate plan review and/or inspection fee shall apply to retaining walls, Construction SWPPP or major drainage structures as provided for elsewhere in this code. There shall be no separate charge for standard terraced drains and similar facilities. If during the grading plan review the grading quantities, upon which the grading plan fee is based, are changed, the applicant shall pay any supplemental fee required or receive a credit against the payment of the grading permit fee. SECTION 7: That Title 15, Chapter 15.16.080 of the Carlsbad Municipal Code is amended to read as follows: 15.16.080 Grading Permit Submittal documents. A. Each application submittal for a grading permit shall be accompanied by city approved grading plans, city approved Construction SWPPP and other such documentation and information as may be necessary to demonstrate that the grading work will be carried out in substantial compliance with all city codes, City Standards and the requirements of the Landscape Manual. B. The number of copies and format of the submittal documents required pursuant to this chapter shall be as prescribed by the city engineer. C. All documents shall, upon submittal to the city engineer, become the property of the city and shall be kept on file with the city engineer. SECTION 8: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is amended by the adoption of new Section 15.16.085 to read as follows: 15.16.085 Construction Storm Water Pollution Prevention Plan (SWPPP). A. Each grading permit issued shall be accompanied by a Construction SWPPP prepared in accordance with City Standards and approved by the City Engineer. B. The City Engineer may also require preparation of a Construction SWPPP, prepared in accordance with City Standards, for any person conducting development or other construction activity, including grading activities which are exempt from a grading permit, in 57 1 order to reduce the risk of contamination of storm water and the discharge of non-storm water 2 pollutants to the city's storm water conveyance system. 3 C. Construction activities that have no potential to add pollutants to storm water or non-storm 4 water runoff may be exempt from the preparation of a Construction SWPPP, pursuant to the 5 Construction SWPPP exemption requirements of City Standards and the Municipal Permit. 6 Any construction activity exempted from the preparation of a Construction SWPPP must still 7 comply with the storm water pollution prevention requirements of City Standards at all times 8 during construction. 9 D. Each Construction SWPPP shall be prepared in a form and include the content as specified 10 in City Standards and shall be made to comply with all other applicable NPDES Permit 11 requirements. 12 E. Construction SWPPP review and inspection fees shall be charged by the City for the 13 processing of the plan review and field inspection of the construction work. The fee shall be 14 established by resolution of the city council and is for the purpose of defraying the cost of 15 processing the plan review and ensuring compliance with the Construction SWPPP during 16 construction. The Construction SWPPP review and inspection fees are in addition to any 17 other plan review, inspection and permit issuance fees charged for processing grading plans, 18 improvement plans and building plans or the issuance of permits thereto. 19 F. The processing time limits, application withdrawal and refund provisions of section 15.16.082 20 subsections C through D shall be applicable to the processing of an application for a 21 Construction SWPPP. 22 SECTION 9: That Title 15, Chapter 15.16.100 of the Carlsbad Municipal Code is 23 amended to read as follows: 2^ 15.16.100 Withdrawal of grading permit applications. 25 A. Applications for which no grading permit is issued within two hundred forty days following the JC date of application shall be deemed withdrawn. Plans and other documents submitted for 07 I review may thereafter be returned to the applicant or destroyed by the city engineer. The city 28 58 1 engineer may extend the time for action by the applicant for a period not exceeding one 2 hundred eighty days upon request by the applicant showing that circumstances beyond the 3 control of the applicant have prevented action from being taken. No application shall be 4 extended more than once. In order to renew action on an application after withdrawal, the 5 applicant shall resubmit a new application and pay a new grading permit application fee. B. The city engineer may authorize refunding of not more than eighty percent of the grading permit application fee paid when an application for a grading permit is withdrawn in accordance with this section. The city engineer shall not authorize refunding of any fee paid except upon written application filed by the original permittee not later than sixty days after withdrawal of the grading permit application by the applicant or by action of this section. 11 C. Any application in process on the effective date of this code amendment shall be subject to the 12 provisions of this section. The filing date for such application shall be considered to be the 13 effective date of the code amendment. 14 SECTION 10: That Title 15, Chapter 15.16.110 of the Carlsbad Municipal Code is 15 amended to read as follows: 16 15.16.110 Grading permit issuance. A. Following submittal of a completed grading permit application and completion of the following 18 requirements, the city engineer shall issue a grading permit: 19 1. Approval and signature of the grading plans by the city engineer; 20 2. Payment of the grading permit application fee required pursuant to Section 21 15.16.070(B)(6); 22 3. Submittal of a fully executed grading and erosion control agreement together with the 23 required cash and/or other securities; 24 4. Approval of a Construction SWPPP prepared in accordance with this chapter and city 25 standards; 26 27 28 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. Submittal of proof of valid Coastal Development Permit, Stream Alteration Permit, Army Corps Permit, National Pollutant Discharge Elimination System Permit or other permits, if any, required by other departments or agencies with competent authority; and 6. Completion of all environmental documentation in accordance with Chapter 19.04 of this code. B. The issuance or granting of a grading permit or approval of grading plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter or any other chapter of this code. Permits presuming to give authority to violate or cancel the provisions of this chapter or any other chapter of this code shall not be valid. C. The issuance of a grading permit based on approved grading plans, Construction SWPPP, specifications and other data shall not prevent the city engineer from thereafter requiring correction of errors in said plans, specifications and other data, or from preventing grading operations being carried on thereunder when in violation of this chapter or any other chapter of this code. SECTION 11: That Title 15, Chapter 15.16.140 of the Carlsbad Municipal Code is amended to read as follows: 15.16.140 Grading and erosion control agreement and securities. A. Secured Agreement Required. Prior to issuance of a grading permit, the permittee shall enter into a secured grading and erosion control agreement with the city to 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 in a form as prescribed by the city attorney which shall include, but not be limited to, the following: 1. Incorporation of the grading permit and the approved plans and specifications, including Construction SWPPP, as part of the agreement; 2. Agreement by the permittee to comply with all the terms and conditions of the grading permit including the grading permit time limits; 60 1 3. Agreement by the permittee to comply with all provisions of this chapter and other 2 applicable laws and ordinances; 3 4. A cost estimate prepared by a civil engineer which provides for the construction of all 4 earthwork, drainage facilities, retaining walls, storm water best management practices 5 including the cost of maintenance during the period of time the permit is active, 6 geotechnical mitigation measures, landscaping, irrigation and any other items needed to 7 complete the grading work; 8 5. Agreement to indemnify and hold the city harmless against any and all claims arising 9 from the performance of the grading work; and 10 6. Agreement by the permittee to maintain all safety and storm water best management 11 practices until the grading work is complete and stabilized against erosion in accordance 12 with City Standards. 13 c. Security Types. The grading and erosion control agreement shall be secured using one or 14 more of the security types listed in Section 20.16.070. 15 D. Security Requirements. Security offered to guarantee performance in connection with the 16 grading and erosion control agreement shall meet the following requirements: 17 1. The amount of the security shall be sufficient to guarantee performance of all grading 18 work described on the approved grading plans, Construction SWPPP and specifications 1QIa as estimated in Section 15.16.140(B)(4); 20 2. Surety bonds shall be valid upon the date of filing with the city and shall remain valid 21 until the work has been completed to the satisfaction of the city engineer. Any extension 22 of the time specified in the permit shall not be cause for release of a surety bond; 23 3. The surety company which issues a surety bond shall meet or exceed the minimum 24 qualifications established by the city council by resolution; 25 4. The city engineer may require that up to ten percent of the engineer's estimated cost for OC the grading work be submitted in the form of a cash deposit, provided however, that no 27 such cash deposit shall be less than five hundred dollars. The cash deposit may be 28 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F. utilized by the city to cure any default in regard to the performance of work covered by the grading and erosion control agreement including but not limited to cleaning, repair and rehabilitation of public or private facilities that are damaged by sedimentation, erosion or construction activities and to insure that adequate safeguards for the prevention of erosion and sedimentation are in place when needed; 5. The city engineer may allow a single security to cover work under multiple grading permits when the work covered is either part of a progressive construction of a single project or when several concurrent projects are being constructed by one permittee. In such cases, the grading and erosion control agreement shall include reference to the multiple permit requirements or a grading and erosion control agreement shall be submitted for each separate permit; and 6. The city engineer may permit substitution of the required security either in kind or of any other type allowed for in Section 20.16.070; provided, however, that the substitute security is adequate to insure completion of the remaining work to be performed and the security is found to be of proper form and substance. The original security may be released upon acceptance of the new security and upon determination that all conditions of the permit are being complied with and there is no default as to the performance of the work up to the date of acceptance of the new security. Secured Agreement Waivers. The city engineer may waive the requirement for a secured agreement or may waive all or any portion of the security amount if the applicant clearly demonstrates to the city engineer that the proposed grading work will not adversely affect or will have minimal impact upon public or private property and upon the health, safety and welfare of the public. In no such case, shall the city engineer reduce the security amount below the amount needed to ensure public safety and to secure the site with storm water best management practices. Reduction of Security. The city engineer may reduce the amount of the security commensurate with the value of the grading work which has been completed. In no case shall 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the security be reduced below the amount necessary to ensure public health, safety and welfare. G. Release of Security. The city engineer shall release the security held by the city to secure the grading work upon completion of the work in substantial compliance with the terms and conditions of the permit and the provisions of this chapter. H. Default Procedures. Whenever the permittee fails to perform in compliance with the terms and requirements of the grading and erosion control agreement, the city engineer may, in addition to any other administrative and judicial remedies allowed pursuant to this chapter, make a demand upon the cash, letter of credit, surety bond or other collateral held as security for the grading and erosion control agreement in accordance with the following procedures: 1. Notice of Default. The city engineer shall send a written notice of default by certified mail to the permittee which specifies the permit number and identifies the location, nature and extent of the activity or condition which contributed to the default. The notice of default shall specify the work to be done to cure the default, the estimated cost of such work and the period of time deemed by the city engineer to be reasonably necessary for the completion of such work. A copy of the notice of default shall be mailed to the owner of the grading site and to the surety company, bank or institution which provided the security for the grading and erosion control agreement. 2. Emergency Corrective Actions. In the event the work needed to cure the default is not completed by the permittee, surety company or financial institution within the period of time specified on the notice of default, the city engineer may thereupon enter the property for the purpose of performing, by city forces or by other'means, the necessary corrective or curative work. The cost for such corrective work shall be paid for by the permittee, surety company or financial institution as provided for in this section. 3. Surety Bond, Letter of Credit or Instrument of Credit. Upon receipt of the notice of default, the surety company or financial institution shall, within the time specified, cause or require the work needed to cure the default to be performed, or failing therein, shall 63 1 pay over to the city the estimated cost of doing the work as set forth in the notice of 2 default. 3 4. Cash Deposit. Upon expiration of the time period specified in the notice of default, the 4 city engineer may withdraw all or any portion of the cash deposit to reimburse the city for 5 completing or having a third party complete the work needed to cure the default as 6 specified in the notice of default. Upon utilizing the cash deposit, the city engineer shall 7 notify the applicant in writing of the amount utilized and the purpose for which the 8 deposit was used. 9 SECTION 12: That Title 15, Chapter 15.16.170 of the Carlsbad Municipal Code is 10 amended to read as follows: 11 15.16.170 Unlawful acts. 12 A. It is unlawful to: 13 1. Perform grading work without a grading permit when such permit is required pursuant to 14 this chapter; 15 2. Perform any grading work which is not in conformance with an approved grading permit; 16 3. Make a false statement or furnish false data on any application, grading plan, 1' engineering report or other document required pursuant to the provisions of this chapter; 18 1Q 4. Delay, frustrate or otherwise hinder the efforts of the city engineer or his/her designee 20 from carrying out the duties required pursuant to the provisions of this chapter. 21 B. Regardless of whether or not a grading permit has been issued or is required to be issued, it 22 is unlawful for any person to commit or cause to be committed the following acts or, to 23 maintain or cause to be maintained a property in such a manner as to result in the 24 commission of the following acts: 25 1. Grading in such a manner as to become a hazard to life and limb or to endanger property Of? or to adversely affect the safe use or stability of a public property, place or way; 27 /// 28 64 1 2. Grading without application of appropriate storm water best management practices 2 (BMPs) in accordance the provisions of Title 15, City Standards and Municipal Permit; 3 3. Dump, move or place any soil, sand, gravel, rock or other earthen material, or leave any 4 bank, slope or other earthen surface unprotected so as to cause any such earthen 5 material to be deposited upon or to roll, blow or wash upon or over the premises of 6 another without the express consent of the owner of each such premises so affected or, 7 upon or over any public property, place or way. Such consent shall be in writing and in a 8 form acceptable to the city engineer; or 9 4. Transport, haul or otherwise move any soil, sand, gravel, rock or other earthen material 10 over any public or private street, place or way in such a manner as to allow such materials 11 to blow or spill over and upon such public or private street, place or way. 12 SECTION 13: That Title 15, Chapter 15.16.190 of the Carlsbad Municipal Code 13 is amended to read as follows: 14 15.16.190 Enforcement measures - Remedies 15 A. Whenever the city engineer determines that an unlawful act, as defined in Section 15.16.170, ^ has been committed by an individual operating with or without benefit of a grading permit, the 17 following enforcement measures and remedies may be undertaken by the city engineer, in 18 lieu of or in addition to any remedial actions undertaken in accordance with Section 19 .15.16.140: 20 i. Stop Work Notice. The city engineer may issue a stop work notice demanding that all 21 unlawful activities, as defined in this chapter, be stopped until a valid grading permit is 22 obtained or corrective action is authorized by the city engineer. The city engineer may 23 allow continuance of the work to the extent necessary to install protective measures to 24 safeguard the public or to secure the site against erosion, sedimentation and the 25 discharge of non-storm water pollutants. Prior to resumption of any work, other than as oo may be permitted by the city engineer pursuant to this subsection, on a permitted 27 grading operation, the permittee shall restore all cash deposits and/or other securities 28 65 1 consumed by the city to the amount specified in the approved grading and erosion 2 control agreement. 3 2. Owner Notification. The owner of the property shall be notified in writing that a violation 4 has occurred. The notification shall specify the location, nature and extent of the activity 5 or condition which contributed to the violation, the corrective action needed to cure the 6 violation and the period of time deemed necessary by the city engineer to correct the 7 violation. 8 3. Record Notice of Grading Violation. In the event that the owner does not correct the 9 violation in the manner or within the time period requested by the city engineer, the city 10 engineer shall record a notice of grading violation against the property with the county 11 recorder. Upon completion of any corrective action and/or issuance of a valid grading 12 permit and upon payment of the investigation fee required pursuant to this section, the 13 city engineer shall file a notice of release of grading violation with the county recorder 14 releasing the property from the notice of grading violation. 15 4. Prohibition of Development Permits. Any property which has a notice of grading violation '" recorded against it shall be prohibited from obtaining or using any development permit 1' pursuant to Titles 18, 20 and 21 of this code until after all corrective actions are taken in 18 accordance with the requirements of the city engineer and, a notice of release of grading 1Q violation has been recorded with the county recorder. 20 5. Investigation Fee. An investigation fee shall be paid by the person responsible for the oi violation in accordance with the provisions of this chapter. The payment of such 22 investigation fee shall not relieve any person from the performance of the corrective 23 work or otherwise complying with the requirements of this chapter. 24 6. Criminal Penalties. Each person, firm or corporation who commences or does any 25 grading contrary to the provisions of this chapter, or otherwise violates the provisions of OC this chapter, is guilty of an infraction. Every day during any portion of which any violation 27 of any provisions of this title is committed, continued or permitted by such person, firm or 28 i 66 25 26 27 28 1 corporation, shall be deemed a separate violation and shall be punishable as provided in 2 this title and in Section 1 .08.01 0(b) of this code. 3 7. Abatement of Public Nuisance. Any grading commenced or done contrary to the 4 provisions of this chapter, or other violation of this chapter, shall be, and the same is 5 declared to be, a public nuisance. Upon order of the city council, the city attorney shall 6 commence necessary proceedings for the abatement of any such public nuisance in the 7 manner provided by law. Any failure, refusal, or neglect to obtain a permit as required by 8 this chapter shall be prima facie evidence of the fact that a public nuisance has been 9 committed in connection with any grading commenced or done contrary to the provisions 10 of this chapter. 11 8. Civil Action. The city attorney may, at the request of the city engineer, initiate any 12 appropriate civil action in a court of competent jurisdiction to enforce the stop work notice, including the required corrective actions, and/or the grading and erosion control agreement, including the recovery of any funds expended by the city to abate any public nuisance resulting from an unlawful act as defined in Section 15.16.170 and any additional civil penalties provided for by law. 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 1Q once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption. 21 /// 22 /// 23 /// 24 /// /// 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 RONALD R. BALL, City Attorney ATTEST: .ORRATNE M (SEAL)