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HomeMy WebLinkAbout1981-10-20; City Council; 6197-3; Amending Grading OrdinanceCIT OF CARLSBAD — AGENDA BILL LE:mmt AB# £/?7- *3 MTG. 10/20/81 DEPT. ENG TITLE: AMENDING GRADING ORDINANCE DEPT. HD. ^ CITY ATTY_G CITY MGRw2 f ^^*- r:UJ a<r OLOL O§ O Ou RECOMMENDED ACTION: Adopt Ordinance No. ffQOf^Amending Title 11, Chapter 11.06 of the Carlsbad Municipal Code by the amendment of various sections to provide for recording a Notice of Grading Violation by the City Engineer when unlawful grading has occurred and to regulate uncontrolled stockpiles. ITEM EXPLANATION: From time to time illegal grading or stockpiling of excavated material occurs within the City. As a result of grading without a permit the property owner is advised of City requirements governing grading and asked to obtain a permit. Often the violation simply stops work without getting a permit. Although the City can process a criminal complaint in these cases, the grading is usually not a hazard and the costs of pursuing a criminal complaint cannot be justified. The only danger is that property with uncompacted fill may be sold to an unsuspecting buyer. If the City could record a notice of grading violation on properties with uncompacted fill, the potential purchaser would be protected. The same type of notice should be recorded on property where legal stockpiling takes place. Some "stockpiles" remain untouched for many years. One addi- tional recommended change to the grading ordinance would involve bonding. The City is now heavily involved in enforcement of erosion prevention on grading projects. The developers would probably be more responsive to installing safe- guards if the City had better leverage than surety bonds. The City of Escondido takes ten percent of grading bonds in the form of a cash deposit to give this added leverage. The City of Carlsbad could also benefit from such a policy. FISCAL IMPACT The cost to the City would be reflected in an hour or two of additional staff time for recording notices of violation. EXHIBITS Ordinance No .Amending Title 11, Chapter 11.06 of the Carlsbad Municipal Code by the amendment of various sections to provide for recording a notice of Grading Violation by the City Engineer when unlawful grading has occurred and to regulate uncontrolled stockpiles. u O o 1 2 3 4 5 6 7 8 9 10 11 12 13 o-I-| 14§SM = £«§ 15 "-• • iS z|§o 16 o £ " 03 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO.8095 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 11, CHAPTER 11.06 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS SECTIONS TO PROVIDE FOR RECORDING A NOTICE OF GRADING VIOLATION BY THE CITY ENGINEER WHEN UNLAWFUL GRADING HAS OCCURRED AND TO REGULATE UNCONTROLLED STOCKPILES. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 11, Chapter 11.06, Section 11.06.020 of the Carlsbad Municipal Code is amended by the addition of Subsection (14) to read as follows: "(14) 'Uncontrolled stockpile1 means any fill placed on land for which no soil testing was performed or no compaction reports or other soil reports were prepared or submitted." SECTION 2: That Title 11, Chapter 11.06, Section 11.06.080 of the Carlsbad Municipal Code is amended by the addition of Subsection (f) to read as follows: 11 (f) The City Engineer may require that up to ten percent of any bond be submitted in the form of a cash deposit. The cash deposit may be utilized by city to insure that adequate safeguards for the prevention of erosion and sedimentation are in place when needed." SECTION 3: That Title 11, Chapter 11.06 of the Carlsbad Municipal Code is amended by the addition of Section 11.05.105 to read as follows: " 11 .06.105 Agreement for uncontrolled stockpile. Appli- cations for grading permits involving uncontrolled stockpiles shall be accompanied by an agreement signed by the property owner. The agreement shall be prepared by the City Engineer and shall contain the following provisions and such other provisions as may in the opinion of the City Engineer afford protection to the property owner and the city: (a) The grading or stockpiling shall be designated as uncontrolled stockpiling and shall be constructed in 1 2 3 4 5 6 7 8 9 10 11 12a 1 § 13 ~ °- CM0- < en o-2 S | 14i°l§o c > f? -. ,- 5b < t 15\J -t± »-Iu: . 5<» ai O Si^ u o 16 17 18 19 20 21 22 23 24 25 26 27 28 accordance with plans approved by the City Engineer. (b) The owner acknowledges that as an uncontrolled stockpile the site is not eligible for a building permit unless special soils analysis and foundation design are submitted. (c) The grading shall be done and maintained in a safe and sanitary manner at the sole cost, risk and responsibility of the owner and his successors in interest, who shall hold the city harmless with respect thereto. The agreement for uncontrolled stockpiling shall be approved by the City Council and recorded by the City Clerk in the Office of the County Recorder as an obligation upon the land involved. The notice shall remain in effect until release of the agreement is filed by the City Engineer." SECTION 4: That Title 11, Chapter 11.06 of the Carlsbad Municipal Code is amended by the amendment of Section 11.06.230(b) to read as follows: "(b) In the event that grading is commenced without a permit, the City Engineer shall cause such work to be stopped until a permit is obtained. The permit fee in such instance shall then be double that which would normally be required. The payment of such double fee shall not relieve any person from fully complying with the requirements of this chapter and the performance of the work. Such fees shall not be construed to be a penalty, but for enforcement of the provisions of this chapter in such cases. In the event that any grading is commenced or done contrary to the provisions of this chapter or of the grading permit, the City Engineer may cause to be recorded with the County Recorder a notice of grading violation for the property. The City Engineer shall cause the notice of grading violation to be removed when the City Engineer determines that the violation no longer exists." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 26th day of October , 2. Q 5 — < —il$$ ~-m 111 ^ -^BLU Zo o= *~ m?g 53> i- <r 0 3 4 5 6 7 8 9 10 11 12 3,3 14 15 D 16 17 18 19 20 21 22 23 24 25 26 27 28 19 81 , and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 3rd day of Noverrber , 19 81 , by the following vote, to wit: AYES: Council Menbers Packard, CAsler, Anear, Lewis and Kulchin NOES: None ABSENT: None RONALD C. PACKARD, Mayor ATTEST : ALETHA L. . RAUTENKRANZ, City Cleric (SEAL) 3.