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~