HomeMy WebLinkAbout1991-08-20; City Council; 11300; ADOPTION OF INFILL GRADING ORDINANCE"
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CITWF CARLSBAD - AGENDWILL y g w
AB# I1,3€X3 TITLE: DEPT. HD.1
MTG. 8'20'91 ADOPTION OF INFILL GRADING CITY ATP/-
CITY M G R. - DEPT.cN
RECOMMENDED ACTION:
ORDTNANCE
Adopt Ordinance No. NS-168, amending Title 11 of the Carlsbad Municipal Code to
establish procedures and standards for infill grading.
ITEM EXPLANATION
Ordinance No. NS-168 was introduced and first read at a regular City Council meeting
on August 6, 1991. The second reading allows Council to adopt the ordinance which
would then become effective in tlurty days. The City Clerk will have the ordinance
published in the "Carlsbad Journal" within fifteen days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 11,288 on file with the City Clerk.
EXHIBIT
1. Ordinance Nos. NS-168.
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ORDINANCE NO. NS-168
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING TITLE 11 BY THE AMENDMENT OF CHAPTER 11.06 OF THE CARLSBAD MUNICIPAL CODE TO ESTABLISH PROCEDURES AND STANDARDS FOR INFILL GRADING
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION I: That Title 11, Chapter 11.06 of the
Carlsbad Municipal Code is amended by the amendment of Section
11.06.020 by the addition of a new Section 11.06.020(9) to read
as follows:
"(9) "infill grading" means any grading on a
residentially zoned lot which requires a grading permit pursuant to this title and is located on a lot within a tract of land which has been previously subdivided into legal buildable parcels and for which no further discretionary entitlement is required."
Existing (9) and all subsequent ones shall be
SECTION 11: That Title 11, Chapter 11.06 of the
Carlsbad Municipal Code is amended by the addition of new Section
11.06.031to read as follows:
renumbered accordingly.
"11.06.031 Residential Infill Grading Permit
Requirements. Grading permits for infill grading must obtain a The 1 permit from the City Engineer pursuant to this code section.
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City Engineer and Planning Director shall have the authority to approve or deny infill grading permits. An infill grading permit shall be approved only if all of the following findings can be
made: (a) That public notification has been made pursuant to the requirements of Section 11.06.033; (b) That the grading proposal is consistent with the design standards, purpose, intent and requirements of this chapter; (c) That the design of the grading is generally consistent and compatible with the topography of existing
surrounding development."
SECTION 111: That Title 11, Chapter 11.06 of the
Carlsbad Municipal Code is amended by the addition of a new
Section 11.06.032 to read as follows:
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1g11.06.032 Infill Grading Design Standards. (a) Fill height. Fill height on infill lots shall be
minimized. The relative acceptability of fill heights shall be determined by the following:
(1) 0-3 feet is acceptable;
(2) Greater than 3.0 and up to 10.0 feet is discouraged unless the permit for such fill shall include specific written documentation justifying the reasons for the fill height. Potential justifications may include but not be limited to the need to sewer or drain to the public street, the need to raise the property to prevent fiooding of any future structure, to make the property compatible with adjacent graded
properties, to accommodate existing or future driveway access to the property where no other alternatives are possible or to
remedy an existing or potential soil or geologic problem on the project site.
(3) Greater than 10 feet is unacceptable. Fills which are unacceptable may be allowed only when the site has unusual geotechnical or soil conditions that necessitate corrective work that requires increased filling,
(b) Retaining walls. Retaining walls over three feet in height which run parallel to and are located within ten feet of a property line are to be avoided except in unusual cases where no other method to reasonably develop the property is available. (c) Import and export. Import and/or export of fill or
excavation material to or from infill lots shall be minimized.
Wherever possible grading design shall be accomplishedto balance the grading on site to reduce the import or export of soil to or from the project site, Applications for infill grading permits which contain a combined total of import and export to a project site in excess of one hundred cubic yards shall include specific written documentation justifying the reasons for such import or export. Potential acceptable justifications shall be as set
forth in section 11.06.032(a) (2) .Ir
SECTION IV: That Title 11, Chapter 11.06 of the
Carlsbad Municipal Code is amended by the addition of a new
Section 11.06.033 to read as follows:
"Notice of an infill grading application shall be given
SECTION V: That Title 11, Chapter 11.06 of the
Carlsbad Municipal Code is amended by the addition of a new
Section 11.06.034 to read as follows:
pursuant to Section 20.24.115 of this code.
1111.06. 034 Appeals
Any person affected by this section may appeal a decision of the City Engineer pursuant to Section 11.06.200 of
this Chapter.
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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
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 6th day of August
1991, and thereafter
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PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the 20th day of August ,
1991, by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Kulchin, Larson, Stanton and Nygaar
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September 3, 1991
TO: CITY CLERK
FINANCIAL MANAGEMENT DIRECTOR
FROM: City Engineer
RE: SECURITY RELEASE AUTHORIZATIONS
The following persons are authorized to release/reduce any and all securities (bonds, letters-
of-credit, cash, etc.) posted with the City of Carlsbad:
Lloyd B. Hubbs, City Engineer
David A. Hauser, Assistant City Engineer
John J. Cahill, Municipal Projects Manager
Richard E. Cook, Principal Construction Inspector
on memo issued to you on July 9, 1991.
LH:YM:ym
c: Asst. City Engineer
Municipal Projects Manager
Principal Inspector
City Attorney