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HomeMy WebLinkAbout1985-09-03; City Council; 8316; Revision to grading ordinanceCI1 OF CARLSBAD — AGENC BILL ODC0.a. o< o oo AR# <Ps^/6 MTG 9/3/85 DPPT CA TITLE' REVISIONS TO GRADING ORDINANCE WITH RESPECT TO CLEARING OF VEGETATION AMn TO rr APTPV THF anTfTORTTV OP TWTP* PTTV ENGINEER TO RELEASE GRADING BONDS DEPT. HD:^ — CITY ATTYV/EiO CITY MGR._^£^ RECOMMENDED ACTION: Introduce Ordinance No. ITEM EXPLANATION In 1980 the City Council adopted Council Policy No. 29 concerning agricultural uses. That policy specifically provided, "...that a site development permit be required for all agricultural activities conducted on previously undisturbed land. This shall assure that grading and clearing operations do not disturb potentially valuable and significant environmental resources." This policy has apparently never been implemented by the City. The problem of agricultural grading has recently come to light because of extensive grading on previously undisturbed land on property which comprises a part of the "Wooley Annexation." The proposed ordinance will require permits for all agricultural grading on previously undisturbed land. In addition, the ordinance will clarify the requirements for removal of vegetation in preparation for land development. Additionally, the ordinance cleans up some language concerning the grading bonds and specifically authorizes the City Engineer to release such bonds. Although it is the opinion of the City Attorney that such authority was implied in the ordinance it was the City Engineer's desire to have specific authorization to release the bonds. FISCAL IMPACT Any additional cost for processing permits for agricultural activities will be recovered in the issuance cost of the permit, The additional cost to the farmer should not be significant and is offset by the significant public benefit in protecting environmentally sensitive areas. Authorizing the City Engineer to release grading bonds should slightly reduce the City's administrative costs but the amount cannot be determined. EXHIBIT Ordinance No. Qi §cc ^ § ~l O UJ < O M Z> ^ 3 < <> o O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO.8105 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 SECTION 11.06.030 TO DELETE SUBSECTION _1_CU-£Y THE ADDITION OF SECTION 11.06.035 TO CLARIFY THE GRADING ORDINANCE REQUIREMENTS WITH RESPECT TO THE CLEARING OF VEGETATION AND BY THE AMENDMENT OF SECTION 11.06.080 TO CLARIFY THE AUTHORITY OF THE CITY ENGINEER TO RELEASE GRADING BONDS. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 11, Chapter 11.06 of the Carlsbad Municipal Code is amended by the amendment of Section 11.06.030 to delete subsection (10). SECTION 2: That Title 11, Chapter 11.06 of the Carlsbad Municipal Code is amended by the addition of Section 11.06.035 to read as follows: 11.06.035 Removal of vegetation. (a) Clearing and grubbing of vegetation done in preparation for land development shall not be undertaken until all discretionary approvals for the land development project have been issued and a grading permit for the project has been obtained. "Clearing and grubbing" means the removal of any and all types of vegetation, roots, stumps, or other plant material and the clearing or breaking up of the surface of land by digging. This section shall not prohibit routine landscape maintenance, the removal of dead or diseased trees or shrubs, or the removal of vegetation upon the order of the fire marshall in order to eliminate a potential fire hazard, or to the abatement of weeds. (b) No person shall undertake any grading or clearing and grubbing operations on previously undisturbed land, land covered by native vegetation, or upon land which had not been used for agricultural purposes for five years immediately prior to the institution of the grading operation for the purpose of conducting agricultural activities unless a permit therefore has been issued by the City Council. Such a permit may be issued by the City Council if it determines that the agricultural operation will not cause damage to any environmentally sensitive areas and not cause the elimination of any significant wildlife habitat or riparian area. A grading permit issued in accordance with the provisions of this chapter shall also be required for any agricultural grading done pursuant to this section. m tow § siS a °"ili ° 5 gQ >- > £ z "J o Quj s a < o 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 - SECTION 3: That Title 11, Chapter 11.06 of the Carlsbad Municipal Code is amended by the amendment of Section 11.06.080(c) to read as follows: (TT)—Each bond shall be valid upon the "date of filing and shall remain valid until the work has been completed to the satisfaction of the City Engineer in accordance with the terms and conditions of the permit. Upon satisfactory completion of the work and compliance of all the terms and conditions of the grading permit the City Engineer may release the grading bond and shall notify the surety of such release. 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 on the 3rd day of September , 1985, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 10th day of September , 1985 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None LEGALITY VINCENT F. "BIONDO, JRl'/City Attorney ^L_/. ATTEST: MARY H. (JASLER, Mayor <x.. _ ALETHA L . RAUTENKRANZ , Cl ty Cle~5k~