HomeMy WebLinkAbout1981-10-20; City Council; 6197-3; Amending Grading OrdinanceCIT OF CARLSBAD — AGENDA BILL LE:mmt
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MTG. 10/20/81
DEPT. ENG
TITLE:
AMENDING GRADING ORDINANCE
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CITY ATTY_G
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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.
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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
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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 ,
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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)
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