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HomeMy WebLinkAbout1996-11-19; City Council; 13919; REVISION TO CARLSBAD MUNICIPAL CODE CHAPTER 11.06 - EXCAVATION AND GRADING MCA 96-1/ LCPA 96-08m I a u3 [I) 0 z E .I4 c, 4 0 3 [I) 8 Q) a c, a 0 a cd a $ 00 I z 0 2; a, u FI .I4 a k 0 a a, m (? cn $3 ; a 0 k c, G -I4 d .I4 ; g u z 0 0 a -I 0 z 3 0 0 T= - RECOMMENDED ACTION: Introduce Ordinance No. NS - 3 85- repealing Chapter 11.06 and reenacting as new Cha 15.16, and amending Sections 1.08020(a), 15.04.010 and, 19.04.050 of the Carlsbad Munic Code, all relating to grading and erosion control. Adopt Resolution No. 96 - 39 ? establishing fees for the processing and administratioi grading permit applications. Adopt Resolution No. approving an amendment to all six segments of the L Coastal Program to adopt the City’s Grading Ordinance. 7% - c/@ ITEM EXPLANATION: On May 16, 1995, Council approved a staff work plan for streamlining the development proc One element of the work plan called for the comprehensive review of City ordinances to identify eliminate code provisions which are redundant, confusing or which act as an impediment to smooth processing of development projects. The grading ordinance was selected for initial review and revision because it presented nume opportunities to effect significant changes to help streamline the grading plancheck and pc process. As Council may recall, the goals of the work plan are as follows: I. To streamline the development process by eliminating unnecessary impediments decreasing the amount of staff time required to review projects and by making the pro1 simple for our customer applicants. To facilitate construction of quality projects by establishing systems of quality assurance quality control and, by ensuring that developments comply with all City Standards anc goals of the General Plan Vision. 3. To provide reasonable opportunity for public input and comment on proposed developi activities. The work plan goals were used as a guide for the preparation of the proposed grading ordin; revision. The major areas proposed for revisions are listed below. For a more comprehensive li of the proposed revisions together with an explanation of the benefits to be gained from ( revision please refer to revision matrix chart attached as Exhibit 4 of this agenda bill. The n changes in the revised ordinance are as follows: 1. Addition of an exemption from the grading permit process for grading work donc previously graded lots. Such grading work is usually minor in nature and car accomplished without loss of quality under the building permit process. This exemptior save approximately three months in processing time for industrial, commercial or residt projects constructed on pre-graded lots. 2. r i 0 e Page 2 of Agenda Bill No. 13! 9 14 2. Elimination of residential infill grading permits. The infill grading permit process wa: created to ensure compatibility of grading operations within established residentia neighborhoods. The existing code requires a complex noticing and permitting proces: which adds approximately one month to the grading permit process. Staff believes thal the same results can be obtained without the onerous noticing and permitting process bl incorporation of theinfill grading standards into the City Standards handbook. Authorization of the City Engineer to sign stockpile grading agreements. Presently stockpile grading agreements must be brought before the City Council to obtair authorization for signature by the Mayor. Since stockpile agreements are routinely placec on the consent calendar and have generated no controversy in the past, giving the Citi Engineer authority to sign such agreements will reduce processing times bj approximately six weeks and eliminate staff time required to prepare the agenda bill. Elimination of grading and erosion control standards from the ordinance. The existin! ordinance contains numerous references to standards for the performance of grading anc erosion control work. Staff believes that such standards are better handled within the Cit Standards and Landscape Guidelines manuals. The City Engineer has prepared a neu Grading and Erosion Control Design Criteria section which is now incorporated into thc City Standards manual (See attached Exhibit 5). Placement of the grading and erosioi control standards into the City Standards manual will consolidate the grouping c engineering standards into one convenient manual and provide greater flexibility to waivc individual standards when their strict application hinders the City’s ability to obtain i higher quality development. Reformatting and revision of the entire grading ordinance to make it user friendly an1 consistent with current grading permit practices. The existing grading ordinance wa developed over numerous years by many different people. Many of the ordinancl provisions were not consistent with current grading permit procedures and practices ant are difficult to understand. The formatting of the ordinance was inconsistent from on1 section to another and related topics were scattered throughout different sections of thl ordinance. The revised ordinance eliminates obsolete provisions, incorporates nec provisions consistent with current practice, consolidates related topics under the Sam1 section, has a consistent format and is easier to read and understand. The net effect c the revisions will be to reduce confusion regarding the meaning of the various cod1 provisions and to enhance the ability of staff and the applicant to find relevant informatic within the code in a timely manner. Establishment of an investigation fee. Under current ordinance, any person who perform grading work without a permit in violation of the code is required to pay double perrr fees upon issuance of a grading permit. In some cases, the resolution of the violatic does not require issuance of a grading permit and therefore, the City is not compensate for staff time and effort to investigate and process the violation. In lieu of paying the double permit fee, staff is proposing the creation of an investigatic fee in an amount established by Council Resolution. The recommended fee will be $15C per investigation. The investigation fee would be charged to the code violator whether ( not a grading permit is subsequently issued. The investigation fee would additionally t levied against a permittee who fails to comply with the conditions and requirements I their grading permit. The investigation fee is necessary to compensate the City for tt additional staff time required to investigate and process grading permit or gradir ordinance violations. 3. 4. 5. 6. U b 0 0 Page 3 of Agenda Bill No. 1 3! 9 I? 7. Establishment of a grading permit extension fee. The current ordinance allows for th extension of an expired grading permit at the written request of the permittee an approval of the City Engineer. However, there is no provision to reimburse the City for th added expense of processing the extension and providing extended inspection services The proposed permit extension fee would be equal to one-half the grading permit fee an will compensate the City for the added staff expenditures. Clear identification that grading permits are ministerial and not discretionary approval! The existing ordinance is ambiguous as to whether a grading permit is a discretionary ( ministerial action. The revised ordinance clearly identifies the process as ministerL similar to a building permit. This eliminates much of the City Engineer’s ability to exercis discretion in the issuance of grading permits; however, it provides greater flexibility I establish reasonable time frames for the processing of grading permit applications. Sta believes that the revised ordinance in combination with the new grading and erosic control standards will adequately compensate for any loss in discretion. The proposed ordinance deletes the existing reference to specific grading permit fe amounts. The revised ordinance provides that grading permit fees will be established I: Council Resolution which is consistent with the manner in which other development fee are presently established within the Code. A resolution establishing the new fee recommended in the revised grading ordinance and re-authorizing the existing fee related to the processing and administration of grading permits is included within th agenda bill as Exhibit 2 for Council adoption. This action also affects grading within the Coastal Zone, and so includes a resolutic approving a Local Coastal Program Amendment (Exhibit 3) for all six segments of tt Coastal Zone. If approved by the City Council, it will be processed by the Californ Coastal Commission. No public comments were received during the public review perioc 8. FISCAL IMPACT: The fiscal impact of the proposed revisions are expected to be insignificant. The loss grading permit fee revenue due to the added permit exemptions will be offset by tt reduced need to provide plancheck services. The new investigation fee is a modification and expansion of the existing double perm fee charged against individuals who grade without benefit of a grading permit. Under tt revised ordinance, the application of the investigation fee will be extended to include ar violation of the Code whether or not a grading permit has been previously issued. Base upon an analysis of the anticipated staff time required to investigate and remedy a typic grading code violation, staff is recommending that the investigation fee be set at $13 per violation. Since only a few violations occur each year, the fiscal impact created by tt investigation fee will be minimal. Establishment of the investigation fee will, howevt offset the added cost for staff to investigate and process grading permit and gradir ordinance violations. r f 0 0 Page 4 of Agenda Bill No. 13; 9 / 7 The grading permit extension fee is a new fee. As stated above, the extension fee w pay for staff costs to provide additional administrative and inspection services fc extended grading projects. Since the amount of staff time needed to provide thes services vanes in relation to the size and scope of the grading operation, the extensic fee has a direct correlation with the grading permit fee. Therefore, staff is recommendin that the grading permit extension fee be set at one half of the grading permit fee. Due 1 the expected low volume of grading permit extensions, minimal fiscal impacts will OCCI with the establishment of this new fee. The new fees recommended in this agenda bill were determined using a reasonab expectation of the amount of City resources needed to provide each of the proposed ne services. A more detailed explanation of the staff analysis used to determine tt proposed fees can be found within the memorandum from the Assistant City Enginec entitled "New Grading Permit Fees Cost Allocation Study Report" dated September 21 1996 on file at the Engineering Department Counter. All grading permit related fee including the two new proposed fees, will be included in the Development Fee Stuc conducted by the City in late 1996/early 1997. ENVIRONMENTAL REVIEW: The Planning Director has determined that the ordinance revisions are exempt fro1 CEQA under the general rule that it can be seen with certainty that there is no possibili of significant environmental impacts (CEQA Guidelines Section 15601 (b)(3)). Additionally, the ordinance is categorically exempt as a regulatory action institutir procedures for the protection of the environment (Section 15308) and, as to tt establishment, modification, or restructuring of fees to meet operating expenses (Sectic 1 5273( a) ( 1 )) . EXHIBITS: 1. Introduce Ordinance No. NS - 3 85 repealing Chapter 11.06 and re-enactir as new Chapter 15.16, and amending Sections 1.08020(a), 15.04.010 an 19.04.050 of the Carlsbad Municipal Code, all relating to grading ar erosion control. 2 Resolution No. '?6-3'?9 establishing fees for the processing ar approving an amendment to all six segments of tl administration of grading permit applications. Resolution No. % c '400 Local Coastal Program to adopt the City's Grading Ordinance. 3. 4. Grading Ordinance Revision Matrix. 5. Grading and Erosion Control Design Criteria. l 1 2 3 4 !5 6 7 13 9 10 1 1 12 13 14 15 16 lJ 'I3 19 20 21 22 23 24 25 26 27 28 T e e Exhibit 1 ORDINANCE NO. NS- 385 AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, 15.16, AND AMENDING SECTIONS 1.08.020(a), 15.04.010 AND 19.04.050 OF THE CARLSBAD MUNICIPAL CODE, ALL RELATING TO GRADING AND EROSION CONTROL. WHEREAS, the City Council of the City of Carlsbad authorized City staff to procec REPEALING CHAPTER 11.06 AND RE-ENACTING AS NEW CHAPTER with the development of a work plan to streamline the development review process; and WHEREAS, one component of the streamlining work plan was to authorize staff conduct a comprehensive review of City ordinances, policies and procedures to identify ai eliminate provisions which are redundant, confusing or which act as an impediment to t' smooth processing of development projects; and WHEREAS, the streamlining work plan also established goals to ensure the provisi of high quality development consistent with the City's General Plan goals and objectives and provide reasonable opportunity for public input and comment on proposed developmt activities; and WHEREAS, City staff completed a comprehensive review of Chapter 11 .( Excavation and Grading, of the Carlsbad Municipal Code, also known as the Gradi Ordinance; and WHEREAS, upon completion of the review of the Grading Ordinance, City st prepared a comprehensive revision to the Grading Ordinance consistent with the goals of streamlining work plan; and WHEREAS, City Council has reviewed the revised Grading Ordinance and determir that it meets all the goals established for the streamlining work plan; and ? 1 L 1 2 3 4 5 ' 7 w 9 10 11 1% 13 14 1 !5 16 17 1 t3 19 20 21 2% 23 24 25 26 27 28 r m e Exhibit 1 WHEREAS, City Council has also determined that the revised Grading Ordinance consistent with the goals and objectives of the General Plan and further that the revisc Grading Ordinance is necessary to protect the health, safety and welfare of the public fro potential adverse impacts related to the grading of property within the City of Carlsbad; and WHEREAS, the revised Grading Ordinance proposes the establishment of new fees fc the investigation of grading code violations and for the extension of expiring Grading Perm applications and Grading Permits. NOW THEREFORE, the City Council of the City of Carlsbad, California, does ordain i follows: SECTION I: That Title 1, Chapter 1.08 is amended by the amendment of Sectio 1.08.020 (a) to read as follows: "(a) The Community Development Director is authorized, pursuant to Penal Code Section 836.5, to arrest any person, without a warrant, whenever said employee has reasonable cause to believe that the person to be arrested has committed an infraction or misdemeaner, in said employee's presence, which is a violation of Titles 6, 13, 18 or 21, Chapters 5.04, 5.24, 7.04, 7.12, 10.52, 11.08, 11.12, 11.16, 11.36 or 15.16, or Sections 8.28.010, 8.28.020, 8.28.030 or 10.40.075 of this Code, or any uncodified building or zoning ordinance of the City." SECTION II: That Chapter 11.06, Excavation and Grading, of the Carlsbad Municips Code is hereby repealed and re-enacted as new Chapter 15.16. SECTION Ill: That Title 15, Chapter 15.04 is amended by the amendment of Sectioi 15.04.010 of Carlsbad Municipal Code to read as follows: "15.04.010 Title. This title shall be known as the "Grading and Drainage Ordinances." SECTION IV: That Title 15 is amended by the addition of Chapter 15.16, Grading and Erosion Control, to the Carlsbad Municipal Code to read as follows: ;2 c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 e e Exhibit 1 I "Chapter 15.16 GRADING AND EROSION CONTROL Sections : 15.1 6.01 0 Title 15.1 6.020 Purpose. 15.1 6.030 City Engineer authority. 15.1 6.040 Definitions. 15.1 6.050 Grading Permit required. 15.1 6.060 15.1 6.070 15.1 6.080 Submittal documents. 15.1 6.090 15.16.100 15.1 6.1 1 0 15.16.120 15.16.130 Responsibility of permittee. 15.16.1 40 15.1 6.1 50 15.16.160 Appeals. 15.1 6.1 70 Unlawful acts. 15.16.180 Investigation fee. 15.16.190 Enforcement measures; Remedies. Work exempt from Grading Permit. Application for Grading Permit. Information on grading plans, specifications and engineering reports. Withdrawal of Grading Permit applications. Grading Permit issuance. Grading Permit limitations, requirements and procedures. Grading and erosion control agreement and securities. Agreement for Uncontrolled Stockpile. 15.16.010 Title A. This chapter shall be known as the "Grading Ordinance". 15.1 6.020 Purpose. A. The purpose of this chapter is to establish minimum requirements for grading, including clearing and grubbing of vegetation, to provide for the issuance of ministerial permits and to provide for the enforcement of the requirements. These provisions are supplementary and additional to Title 20, Subdivisions, and Title 21, Zoning, of this code and shall be read and construed as an integral part of these titles and the land development patterns and controls established thereby. It is the intent of the City Council to protect life and property and promote the general welfare; enhance and improve the physical environment of the community; and preserve, subject to economic feasibility, the natural scenic character of the City. The provisions of this chapter shall be administered to achieve the intent expressed above and, to the maximum extent feasible, the following goals: 1. Facilitate the planning, design and construction of development sites to maximize safety and human enjoyment while protecting, insofar as possible, the surrounding natural environment; 3 %! 1 2 3 4 5 6 7 8 9 10 11 12 ’ 3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 0 0 Exhibit 1 2. Ensure compatibility of graded land development sites with surrounding land forms and land uses; 3. Prevent unnecessary and unauthorized grading, including clearing and grubbing of vegetation, on property within Carlsbad; 4. Preserve natural plant communities and existing mature trees; 5. Preserve significant cultural and archaeological sites; 6. Promote the rapid restoration of graded slopes with fire resistant, drought tolerant landscaping that is aesthetically pleasing and which enhances adjacent habitat values; and, 7. Protect public and private property, downstream riparian habitats, waterways, wetlands, and lagoons by controlling soil erosion, sedimentation and other potential adverse impacts caused by grading operations or which result as a consequence of the increased rate of surface water runoff from graded sites. 15.16.030 City Engineer authority. A. This chapter shall be administered by the City Engineer who shall have the authority and responsibility to: 1. Establish the form and procedures for application for Grading Permits required pursuant to this chapter including the certification of completed applications, the approval of grading and erosion control plans, the establishment of files, the processing of secured grading and erosion control agreements and the collection of fees and security deposits; 2. Interpret the provisions of this chapter and advise the public regarding requirements for grading and erosion control plans, specifications and special provisions; 3. Establish the format and content of grading and erosion control plans, specifications and special provisions pursuant to the provisions of this chapter; 4. Establish and promulgate City Standards to govern grading and erosion control work in accordance with good engineering practice pursuant to the provisions of this chapter; 5. Issue permits and approve amendments, including extensions, to permits found to conform with this chapter and applicable City Standards and the Landscape Manual; 6. Issue and maintain permanent records of determinations of exemption authorized by Section 15.16.060; 7. Approve grading and erosion control agreements; 4 f 1 2 3 4 5 6 7 8 g 10 'I 1 'I 2 'I 3 'I 4 'I 5 'I 6 'I 7 *I 8 'I 9 20 21 22 23 24 25 26 27 28 1 0 0 Exhibit 1 8. Accept surety bonds and other forms of security in connection with grading and erosion control agreements; 9. Monitor compliance of all grading work with City Codes, City Standards and any limitations of the Grading Permit; IO. Record Notices of Grading Violation and/or take other administrative actions against violators of the provisions of this chapter; and,. 11. Grant authority to appropriate members of the City Engineer's staff to act on behalf of the City Engineer with regard to any aspect of the administration of the provisions of this chapter. 15.1 6.040 Definitions. A. Whenever the following words, terms or phrases are used in this chapter they shall be construed as defined in the following subsections unless from the context in which the word, term, or phrase is used a different meaning is specifically defined or intended. 1. "City Standards" means the standards used for the design and construction of public and private improvements in Carlsbad, including grading improvements, as contained in the latest edition of the "Standards for Design and Construction of Public and Private Improvements in the City of Carlsbad" as promulgated by the City Engineer. 2. "Civil engineer" means a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the State of California. 3. "Clearing and grubbing of vegetation" 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 the land by digging or other means. 4. "Default" means the condition or situation which results when an applicant fails to perform in compliance with the terms and requirements of the grading and erosion control agreement required pursuant to Section 15.16.140 of this chapter. 5. "Engineer-of-work" means the civil engineer responsible for the preparation of the grading and/or construction plans, for the certification of the completed work and preparation of the record plans. 6. "Excavation" means the cutting, digging, removal, displacement or any other movement of soil, sand, gravel, rock or other similar material from its natural or preexisting location upon or beneath the surface of the earth by the direct action of humans and/or human invention. 7. "Fill" means the depositing of soil, sand, gravel, rock, or other similar materials upon or beneath the surface of the earth by the direct action of humans and/or human invention. 5 L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 113 19 20 21 22 2:3 24 25 26 27 28 f 0 0 Exhibit 1 8. "Finished grade" means the vertical location of the ground surface upon completion of any excavation or fill. 9. "Geologist" means a person holding a valid certificate of registration as a geologist in the specialty of engineering geology issued by the State of California under provisions of the Geologist Act of the Business and Professions Code. IO. "Grading" means any excavation, fill, clearing and grubbing of vegetation or any combination thereof. 11. "Grading Permit" means the document issued by the City Engineer pursuant to Section 15.16.11 0, after having determined that the application demonstrates compliance with this chapter, City Standards, the Landscape Manual, and all applicable portions of Titles 19, 20 and 21 of this Code. 12. "Landscape Manual" means the "Landscape Manual" adopted by City Council resolution which contains the policies and requirements for the design, construction and maintenance of landscape and irrigation systems constructed pursuant to a city development approval. 13. "Rainy season" is the time period between November 16 of any year and April 14 of the following year during which the likelihood of rainfall is greater than at other times of the year. 14. "Site" is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is proposed or performed. 15. "Soils engineer" means a person holding a valid certificate of registration as an engineer in the specialty of soils engineering issued by the State of California under the provisions of the Business and Professions Code. 16. "Uncontrolled stockpile" 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. 15.16.050 Grading Permit required. A. Except as provided in Section 15.16.060, no person shall do, or cause to be done, any grading, including clearing and grubbing of vegetation, without first having obtained a Grading Permit. 1 6 L 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 I 0 0 Exhibit 1 15.16.060 Work exempt from Grading Permit. A. A Grading Permit shall not be required for the following: 1. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure. 2. Cemetery graves. 3. Refuse disposal sites controlled by other regulations. 4. Excavations for wells or tunnels or utilities. 5. Exploratory excavations under the direction of soil engineers or engineering geologists. 6. Grading on any site or contiguous sites held under one ownership in which the City Engineer finds all of the following conditions exist: a. No cut or fill material exceeds three and one half feet in vertical depth at its deepest point measured from the existing ground surface. The City Engineer may waive this requirement for grading work which is not intended to support a building structure; b. No fill material is placed on an existing slope steeper than five units horizontal to one vertical; c. The grading work does not adversely affect the existing drainage pattern; d. The toe of any fill slope or top of any cut slope is no closer than one foot to an exterior property line; and, e. The amount of soil material moved does not exceed one hundred cubic yards of material per each eight thousand square feet of disturbed lot area or portion thereof. Excavation and fill material within the building envelope shall not apply towards this maximum volume. 7. Grading in an isolated, self-contained area if the City Engineer finds that no danger to private or public property can now or hereafter result from grading operations. 8. Grading on a site which has been previously graded to provide a relatively flat pad area, suitable for development, where the City Engineer finds all of the following to exist: a. The proposed grading work complies with all of the environmental protection procedures described in Chapter 19.04 of this code; 7 L 1 2 3 4 5 6 7 8 9 1o l1 12 13 14 15 16 17 18 19 20 21 22 2:) 24 25 26 27 28 v 0 0 Exhibit 1 b. The proposed grading will not adversely affect existing drainage patterns or result in a condition which may cause damage to adjacent property; and, c. The proposed grading work is performed concurrent with the site preparation work done in connection with a building permit issued pursuant to Chapter 18.04 of this code. 9. Clearing and grubbing of vegetation done for the purpose of routine landscape maintenance, the removal of dead or diseased trees or shrubs or the removal of vegetation done upon order of the fire marshal to eliminate a potential fire hazard or for the abatement of weeds. IO. Clearing and grubbing of vegetation done preparatory to agricultural operations on land which has been used for agricultural purposes within the previous five years. B. All grading work, including any grading work exempted from the requirement of a Grading Permit as determined pursuant to Subsection A of this Section, shall be done in compliance with City Standards and Titles 19, 20 and 21 of this Code, and within the Coastal Zone, shall also be consistent with all certified local coastal program provisions. 15.1 6.070 Application for Grading Permit. A. To obtain a Grading Permit, the applicant shall first file an application therefor in writing on a form furnished by the City Engineer for that purpose. Every such application shall: 1. Identify and describe the work to be covered by the Grading Permit for which the application is made; ' 2. Describe the land on which the proposed work is to be done by legal description, street address, and/or similar description that will readily identify and definitely locate the proposed grading work; 3. State the quantity of excavation and fill for the proposed grading work including the amount of excavation or fill to be imported to or exported from the grading site; 4. State the name, address, telephone number and State of California certification number of the engineer-of-work, soils engineer and geologist who prepared the grading plan, soils report and geotechnical report, respectively, for the proposed grading work; 5. State the name, address, telephone number, state contractors license number and Carlsbad business license number for the contractor who will perform the grading work; 6. State the name, address and telephone number of the property owner upon whose property the work will be done and the applicant requesting the Grading Permit; 8 # 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 1 0 0 Exhibit I 7. Be signed by the applicant and property owner or their authorized agent($); and, 8. Give other such information as may be required by the City Engineer. B. Each Grading Permit application shall be accompanied by: 1. Grading plans, specifications, calculations, reports and other data as required in Section 15.16.080; 2. Proof of all other applicable discretionary approvals, including a site plan approved in accordance with such prior discretionary approvals, if any, pursuant to Title 20 or 21, except where: a. The grading work is necessary to complete a major arterial roadway or other major public facility, will significantly reduce the need to haul fill material over public roads, or is incidental to the grading for another project which has obtained all appropriate development approvals in accordance with Titles 20 and 21 of this code; or b. The grading work is found by the Planning Director to be reasonably consistent with the future development of the site pursuant to the site's existing General Plan land use classification; 3. A completed Environmental Impact Assessment form or submittal of other environmental documentation which demonstrates compliance with the California Environmental Quality Act (CEQA) and Title 19 of this code; 4. All appropriate documentation evidencing the applicant's right to enter upon and grade property not within the ownership of the person signing the grading permit application form; 5. An Agreement for Uncontrolled Stockpile, if required, signed by the property owner with appropriate signature notarization; and, 6. A Grading Permit application fee in an amount as established by the City Council by resolution, A separate plan review fee shall apply to retaining walls or major drainage structures as provided for elsewhere in this code. There shall be no separate charge for standard terraced drains and similar facilities. If during the grading plan review the grading quantities, upon which the grading plan fee is based, are changed, the applicant shall pay any supplemental fee required or receive a credit against the payment of the Grading Permit fee. 15.1 6.080 Submittal documents. A. Each application submittal for a Grading Permit shall be accompanied by grading plans, specifications, engineering calculations, a soils investigation report, a geotechnical report and other such information as may be necessary to demonstrate that the grading work will be carried out in substantial compliance with all City Codes, City Standards and the requirements of the Landscape Manual, 9 I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S e 0 Exhibit 1 B. The City Engineer may waive submission of a geotechnical report or other required documents if the applicant clearly demonstrates that the nature of the grading work applied for is such that reviewing of such report or other documents is not necessary to obtain compliance with this code. C. The number of copies and format of the submittal documents required pursuant to this chapter shall be as prescribed by the City Engineer. D. All documents shall, upon submittal to the City Engineer, become the property of the City and shall be kept on file with the City Engineer. 15.1 6.090 Information on grading plans, specifications and engineering reports. A. All grading plans, specifications and engineering reports required for Grading Permit submittal shall be prepared in accordance with the following requirements: 1. Grading plans, specifications, engineering calculations and other relevant engineering data shall be prepared by a civil engineer. The grading plans shall be drawn to scale in accordance with City Standards and be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this chapter, City Standards, the Landscape Manual and Titles 19, 20 and 21 of this code. All grading plans must include provision for protective measures for the control of erosion and sedimentation in accordance with the requirements of this Chapter, and City Standards. 2. Geotechnical investigation reports shall be based upon the proposed grading plan. The geotechnical investigation report shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geologic conditions on the proposed development. Recommendations included in the report shall be consistent with the provisions of this Chapter and City Standards and shall be incorporated into the grading plans and/or specifications. 3. Preliminary soils investigations and reports shall be based upon the proposed grading plan. Such report shall include data regarding the nature, distribution and strength of existing soil types at the proposed grading site, recommendations for grading procedures and design criteria for corrective measures, if required by the soils engineer. Recommendations included in the report and approved by the City Engineer shall be incorporated into the grading plans and/or specifications. 15.1 6.1 00 Withdrawal of Grading Permit applications. A. Applications for which no Grading Permit is issued within 240 days following the date of application shall be deemed withdrawn. Plans and other documents submitted for review may thereafter be returned to the applicant or destroyed by the City Engineer. The City Engineer may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more 10 * 1 2 3 4 5 6 7 8 9 lo 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 a 0 Exhibit 1 than once. In order to renew action on an application after withdrawal, the applicant shal resubmit a new application and pay a new Grading Permit application fee. The Citl Engineer may waive any or all of the Grading Permit application fee when a resubmittec application is accompanied by a grading plan which has been previously signed anc approved by the City Engineer. The amount of the waiver shall be determined by the City Engineer based upon the estimated amount of work required to complete review of the Grading Permit. B. The City Engineer may authorize refunding of not more than 80 percent of the Grading Permit application fee paid when an application for a Grading Permit is withdrawn in accordance with this section. The City Engineer shall not authorize refunding of any fee paid except upon written application filed by the original permittee not later than 60 days after withdrawal of the Grading Permit application by the applicant, when withdrawn prioi to completion of the grading plan review. C. Any application in process on the effective date of this code amendment shall be subject to the provisions of this section. The filing date for such application shall be considered to be the effective date of the code amendment. 15.16.1 10 Grading Permit issuance. A. Following submittal of a completed Grading Permit application and completion of the following requirements, the City Engineer shall issue a Grading Permit: 1. Approval and signature of the grading plans by the City Engineer; 2. Payment of the Grading Permit application fee required pursuant to Section 15.16.070 6.6; 3. Payment of a Grading Permit fee in an amount as determined by City Council resolution; 4. Submittal of a fully executed grading and erosion control agreement together with the required cash and/or other securities; 5. Submittal of proof of valid Coastal Development Permit, Stream Alteration Permit, Army Corps Permit, National Pollutant Discharge Elimination System Permit or other permits, if any, required by other departments or agencies with competent authority; and, I1 . 1 2 3 4 5 6 7 8 9 lo 11 12 13 ‘I 4 ‘I 5 ‘I 6 *I 7 18 19 20 21 22 23 24 25 26 27 28 > 0 0 Exhibit 1 6. Completion of all environmental documentation in accordance with Title 19.04 of this code. B. The issuance or granting of a Grading Permit or approval of grading plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Chapter or any other chapter of this Code. Permits presuming to give authority to violate or cancel the provisions of this Chapter or any other chapter of this Code shall not be valid. C. The issuance of a Grading Permit based on approved grading plans, specifications and other data shall not prevent the City Engineer from thereafter requiring correction of errors in said plans, specifications and other data, or from preventing grading operations being carried on thereunder when in violation of this Chapter or any other chapter of this Code. 15.1 6.1 20 Grading Permit limitations, requirements and procedures. A. All Grading Permits shall be subject to the following limitations, requirements and procedures: 1. Scope of Work; Amendments. Issuance of a Grading Permit shall constitute authorization to do only that work which is described on the application for the permit and detailed on the grading plans and specifications approved by the City Engineer in accordance with the provisions of this chapter. No approved grading plans or specifications may be modified without approval by the City Engineer of a revised grading plan. Application for the revision of a grading plan shall be submitted to the City Engineer on the prescribed form, accompanied by a grading plan revision fee in the amount set forward in the fee schedule approved by City Council resolution. Modifications which substantially affect the basic tract design or land use as described on any prior discretionary approvals, issued pursuant to Titles 20 and 21 of this code, must have the approval of the appropriate approving authority. 2. Jurisdictions of Other Agencies. Permits issued under the provisions of this chapter shall not relieve the owner of the responsibility for securing permits or licenses that may be required from other departments or divisions of all governing agencies. 3. Time Limits; Extensions. The permittee shall fully perform and complete all of the work required to be done pursuant to the Grading Permit within the time limit specified therein or, if no time is so specified, within one hundred eighty days after the date of issuance of the permit. The specified time limit may be extended by action of the City Engineer upon written request of the permittee, owner or surety showing that good and sufficient cause has prevented the permittee from completing the grading work within the allotted time limit. All such extension requests shall be accompanied by an extension fee in an amount as established by City Council resolution. 12 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 2'1 22 23 24 25 26 27 20 P e Exhibit 1 4. Time of Grading Operations. Grading operations within one-half mile of a structure for human occupancy shall not be conducted between the hours of sunset and seven a.m. Grading operations may be allowed during specific hours after sunset or before seven a.m. if the City Engineer determines that such operations are not detrimental to the health, safety or welfare of the inhabitants of such a structure. The permitted hours of operation may be shortened by the City Engineer upon a finding of a previously unforeseen effect upon the health, safety or welfare of the public. 5. Noise Limitations. The noise limitation provisions of Chapter 8.48 of this code shall be observed. 6. Hauling Operations. All hauling operations to or from the grading site shall be conducted in accordance with City Code, over the route and in accordance with the procedures prescribed by the City Engineer in the Grading Permit. 7. Storm Damage Precautions. All grading operations shall install protective measures to prevent unnecessary erosion and sedimentation as follows: a. All Grading Permits issued during the rainy season or within 30 days of the start of the rainy season shall require the installation of erosion and sedimentation control protective measures in advance of the start of the grading work in accordance with City Standards; b. All Grading Permits issued earlier than 30 days prior to the start of the rainy season shall require the installation of all erosion and sedimentation control protective measures within 30 days prior to the start of the rainy season in accordance with City Standards; c. All erosion and sedimentation control protective measures shall be maintained in good working order throughout the duration of the rainy season unless it can be demonstrated to the City Engineer that their removal at an earlier date will not result in any unnecessary erosion of or sedimentation on public or private properties; and, d. All slopes required to be landscaped and irrigated shall be landscaped and irrigated within the time limits as specified in the Landscape Manual. All other erosion and sedimentation control protective measures shall be installed as quickly as practicable. 8. Inspection and Testing. The applicant shall ensure that the work is inspected and tested as follows: a. Inspection and testing of the grading work by a soils or civil engineer to ensure proper compaction of fill materials, stability of the cut and fill slopes and general compliance of the grading work with the recommendations of the preliminary soils report, City Standards, permit conditions and the provisions of this chapter. ' 13 I 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P Exhibit 1 0 0 b. Inspection and survey of the grading work by a civil engineer to ensure that all building pads, street grades and drainage facilities have been constructed in general conformance with the locations and elevations as shown on the approved grading plans. c. Where unusual or hazardous geotechnical conditions exist upon or beneath the grading site, a geologist shall inspect all or any portion of the grading work to assure that all geologic and geotechnical conditions have been adequately addressed and that any recommended corrective measures are incorporated into the work. 9. Partial Releases. The City Engineer may authorize the partial release of a portion of the grading work to allow construction of a structure pursuant to a building permit issued in accordance with this code and in accordance with the following requirements: a. Prior to the issuance of such building permit for any given lot or lots, the engineer-of-work, or another civil engineer as may be approved by the City Engineer, shall provide the City Engineer with a written statement certifying that, in their professional opinion, all grading for the proposed building pad was completed within the tolerances allowed pursuant to City Standards and that all embankments, cut slopes and pad elevations are constructed as shown on the approved plans. b. The soils or civil engineer shall provide the City Engineer with a written statement certifying that, in their professional opinion, all embankments beneath the proposed building pad site have been constructed in accordance with City Standards and the recommendations of the preliminary soils report. c. The City Engineer may also require compliance with any other requirement or condition as may be deemed necessary to ensure the health, safety and welfare of the public prior to release of the site for the purpose of issuing a building permit. IO. Final Reports. Upon completion of the grading work the permittee shall ensure that the following reports and documents are submitted to the City Engineer: a. A written statement signed by the engineer-of-work, or another civil engineer as may be approved by the City Engineer, which shall state that, in their professional opinion, all grading work and drainage facilities have been completed in substantial conformance with the Grading Permit. The approved grading plan on file with the City shall be amended by the engineer-of-work, or another civil engineer as may be approved by the City Engineer, to show the as-built elevations for all pads, streets and drainage facilities together with any other field modifications or changes made to the original approved plans. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2:3 24 25 26 27 28 P 0 0 Exhibit 1 b. A report by a soils or civil engineer which shall include recommended soil bearing capacities for the project site, a statement as to the expansive qualities of the soil, and summaries of field and laboratory tests. The locations of such tests and the limits of the compacted fill shall be shown on a final plan, prepared by the soils or civil engineer and submitted to the City Engineer with the final soils report, which shall also show by plan and cross-section the location of any rock disposal areas, sub-drains and/or buttress fills if such were involved in the grading. The final soils report shall contain a written statement that all soils inspections and tests were made by, or under the supervision of, the soils or civil engineer and that in the professional opinion of the soils or civil engineer, all embankments have been constructed and compacted to City Standards and in accordance with the earthwork specification of the preliminary soils report. c. A report and an as-graded geologic map of the site prepared by the geologist which shall include specific approval of the grading as affected by geological factors. Where necessary, such report shall include geologic cross-sections and recommendations regarding the location of buildings, sewage disposal systems or any other special requirements. 11. Notification of Noncompliance. If, in the course of fulfilling their responsibility under this chapter, the engineer-of-work, soils engineer or geologist finds that the work is not being done in conformance with the Grading Permit, this chapter or the approved plans and specifications or with accepted engineering practices, they shall immediately notify the permittee and the City Engineer, in writing, of the nonconformity and of the recommended corrective measures to be taken. 15.1 6.1 30 Responsibility of permittee. A. The permittee shall be responsible for the following: 1. Completion of all work in compliance with the approved Grading Permit, plans and specifications, City Standards, the Landscape Manual and the requirements of this code; 2 Protection of public and/or franchise facilities, utilities or services from damage caused by the grading operation; 3. Protection of adjacent public or private properties from damage caused by the grading operation; 4. Preservation of adjacent and on site environmental resources, which are outside of the scope of work, from the impacts of the grading operation; 5. Installation and maintenance of drainage and erosion control measures to protect downstream properties and habitats from flooding, sedimentation and other adverse impacts caused by the grading operation or the increase in surface water runoff resulting from the grading operation; and, 15 1 2 3 4 !5 6 7 8 g 10 11 1 2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 Exhibit I 6. Inspection and testing of the grading work to ensure conformance with the plans and specifications, the recommendations of the soils and geotechnical engineers, City Standards, the Landscape Manual and the provisions of this chapter. B. The responsibilities described in this section shall also apply to the permittee's authorized agents, contractors or employees; however, any such application shall not in any way relieve or absolve the permittee from the responsibility to grade or to conduct the grading operation consistent with this section or this chapter. The permittee shall have ultimate responsibility over the actions and conduct of any and all authorized agents, contractors and employees with regard to the performance of the permitted work and compliance with this section. 15.1 6.1 40 Grading and erosion control agreement and securities. A. Secured Agreement Required. Prior to issuance of a Grading Permit, the permittee shall enter into a secured grading and erosion control agreement with the City to guarantee performance of the grading work in compliance with the Grading Permit. B. Form of Secured Agreement. The grading and erosion control agreement shall be in a form as prescribed by the City Attorney which shall include, but not be limited to, the following: 1. Incorporation of the Grading Permit and the approved plans and specifications as part of the agreement; 2. Agreement by the permittee to comply with all the terms and conditions of the Grading Permit including the Grading Permit time limits; 3. Agreement by the permittee to comply with all provisions of this chapter and other applicable laws and ordinances; 4. A cost estimate prepared by a civil engineer which provides for the construction of all earthwork, drainage facilities, retaining walls, erosion control measures including the cost of maintenance during the period of time the permit is active, geotechnical mitigation measures, landscaping, irrigation and any other items needed to complete the grading work; 5. Agreement to indemnify and hold the City harmless against any and all claims arising from the performance of the grading work; and, 6. Agreement by the permittee to maintain all safety and erosion control measures until the grading work is complete and stabilized against erosion in accordance with City Standards. C. Security Types. The grading and erosion control agreement shall be secured using one or more of the security types listed in Section 20.16.070. 16 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 9 0 0 Exhibit 1 D. Security Requirements. Security offered to guarantee performance in connection the grading and erosion control agreement shall meet the following requirements: 1. The amount of the security shall be sufficient to guarantee performance of all grading work described on the approved grading plans and specifications as estimated in subsection 15.16.140 B. 4.; 2. Surety bonds shall be valid upon the date of filing with the City and shall remain valid until the work has been completed to the satisfaction of the City Engineer. Any extension of the time specified in the permit shall not be cause for release of a surety bond; 3. The surety company which issues a surety bond shall meet or exceed the minimum qualifications established by the City Council by resolution; 4. The City Engineer may require that up to ten percent of the engineer's estimated cost for the grading work be submitted in the form of a cash deposit, provided however, that no such cash deposit shall be less than $500. The cash deposit may be utilized by the City to cure any default in regard to the performance of work covered by the grading and erosion control agreement including but not limited to cleaning, repair and rehabilitation of public or private facilities that are damaged by sedimentation, erosion or construction activities and to insure that adequate safeguards for the prevention of erosion and sedimentation are in place when needed; 5. The City Engineer may allow a single security to cover work under multiple Grading Permits when the work covered is either part of a progressive construction of a single project or when several concurrent projects are being constructed by one permittee. In such cases, the grading and erosion control agreement shall include reference to the multiple permit requirements or a grading and erosion control agreement shall be submitted for each separate permit; and, 6. The City Engineer may permit substitution of the required security either in kind or of any other type allowed for in Section 20.16.070. provided, however, that the substitute security is adequate to insure completion of the remaining work to be performed and the security is found to be of proper form and substance. The original security may be released upon acceptance of the new security and upon determination that all conditions of the permit are being complied with and there is no default as to the performance of the work up to the date of acceptance of the new security. E. Secured Agreement Waivers. The City Engineer may waive the requirement for a secured agreement or may waive all or any portion of the security amount if the applicant clearly demonstrates to the City Engineer that the proposed grading work will not adversely affect or will have minimal impact upon public or private property and upon the health, safety and welfare of the public. In no such case shall the City Engineer reduce the security amount below the amount needed to ensure public safety and to secure the site against erosion. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 116 1 '7 18 19 20 21 22 23 24 25 26 27 28 a e Exhibit 1 F. Reduction of Security. The City Engineer may reduce the amount of the security commensurate with the value of the grading work which has been completed. In no case shall the security be reduced below the amount necessary to ensure public health, safety and welfare. G. Release of Security. The City Engineer shall release the security held by the city to secure the grading work upon completion of the work in substantial compliance with the terms and conditions of the permit and the provisions of this chapter. H. Default Procedures. Whenever the permittee fails to perform in compliance with the terms and requirements of the grading and erosion control agreement, the City Engineer may, in addition to any other administrative and judicial remedies allowed pursuant to this Chapter, make a demand upon the cash, letter of credit, surety bond or other collateral held as security for the grading and erosion control agreement in accordance with the following procedures: 1. Notice of Default. The City Engineer shall send a written Notice of Default by certified mail to the permittee which specifies the permit number and identifies the location, nature and extent of the activity or condition which contributed to the default. The Notice of Default shall specify the work to be done to cure the default, the estimated cost of such work and the period of time deemed by the City Engineer to be reasonably necessary for the completion of such work. A copy of the Notice of Default shall be mailed to the owner of the grading site and to the surety company, bank or institution which provided the security for the grading and erosion control agreement. 2. Emergency Corrective Actions. In the event the work needed to cure the default is not completed by the permittee, surety company or financial institution within the period of time specified on the Notice of Default, the City Engineer may thereupon enter the property for the purpose of performing, by city forces or by other means, the necessary corrective or curative work. The cost for such corrective work shall be paid for by the permittee, surety company or financial institution as provided for in this section. 3. Surety Bond, Letter of Credit or Instrument of Credit. Upon receipt of the Notice of Default, the surety company or financial institution shall, within the time specified, cause or require the work needed to cure the default to be performed, or failing therein, shall pay over to the city the estimated cost of doing the work as set forth in the Notice of Default. 4. Cash Deposit. Upon expiration of the time period specified in the Notice of Default, the City Engineer may withdraw all or any portion of the cash deposit to reimburse the City for completing or having a third party complete the work needed to cure the default as specified in the Notice of Default. Upon utilizing the cash deposit, the City Engineer shall notify the applicant in writing of the amount utilized and the purpose for which the deposit was used. 18 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 I’ 2o 21 22 23 24 25 26 27 28 e I) Exhibit 1 15.1 6.1 50 Agreement for Uncontrolled Stockpile. A. Applications for Grading Permits involving uncontrolled stockpiles shall be accompanied by an agreement signed by the property owner. B. The agreement shall be in a form as prescribed by the City Attorney which shall include, but not be limited to, the following: 1. Owner acknowledgment that the grading or fill material is designated as an uncontrolled stockpile; 2. Owner acknowledgment that the site is not eligible for a building permit unless special soils analysis and foundation design are submitted and approved by the City Engineer or, the site is subsequently graded pursuant to a valid Grading Permit issued in accordance with the provisions of this chapter; 3. Agreement by the owner that the grading or stockpile work will be done in accordance with grading plans and specifications as approved by the City Engineer; 4. Agreement by the owner that the stockpile will be maintained in a safe and sanitary manner at the sole cost, risk and responsibility of the owner; 5. Agreement by the owner indemnifying and holding the City harmless against any and all claims arising from the grading or maintenance of the stockpile; and, 6. Agreement by the owner that the Agreement for Uncontrolled Stockpile will inure and be binding upon any and all successors in interest to the property. C. The Agreement for Uncontrolled Stockpile shall be approved by the City Engineer and recorded by the City Clerk in the office of the County Recorder as constructive notice upon the land involved. The notice shall remain in effect until release of the agreement is filed by the City Engineer. 15.16.160 Appeals. A. An individual may appeal the decision of the City Engineer made in regard to administration of this chapter to the City Council within ten calendar days following the decision. Appeals shall be in writing, filed with the City Clerk and shall state the basis for the appeal. Fees for filing an appeal shall be in an amount as established by resolution of the City Council. The decision of the City Council shall be final. B. The city clerk shall thereupon fix a time and place for hearing such appeal. The city clerk shall give notice to the appellant and applicantlpermittee of the time and place of hearing by serving the notice personally or by depositing it in the United States Post Office in the city, postage prepaid, addressed to such persons at their last known address. 19 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 2J 213 Exhibit 1 0 0 15.16.170 Unlawful acts. A. It is unlawful to: 1. Perform grading work without a Grading Permit when such permit is required pursuant to this Chapter; 2. Perform any grading work which is not in conformance with an approved Grading Permit; 3. Make a false statement or furnish false data on any application, grading plan, engineering report or other document required pursuant to the provisions of this Chapter; or, 4. Delay, frustrate or othewise hinder the efforts of the City Engineer or hidher designee from carrying out the duties required pursuant to the provisions of this Chapter. B. Regardless of whether or not a Grading Permit has been issued or is required to be issued, it is unlawful for any person to commit or cause to be committed the following acts or, to maintain or cause to be maintained a property in such a manner as to result in the commission of the following acts: 1. Grading in such a manner as to become a hazard to life and limb or to endanger property or to adversely affect the safe use or stability of a public property, place or way; 2. Dump, move or place any soil, sand, gravel, rock or other earthen material, or leave any bank, slope or other earthen surface unprotected so as to cause any such earthen material to be deposited upon or to roll, blow or wash upon or over the premises of another without the express consent of the owner of each such premises so affected or, upon or over any public property, place or way. Such consent shall be in writing and in a form acceptable to the City Engineer; or, 3. Transport, haul or othewise move any soil, sand, gravel, rock or other earthen material over any public or private street, place or way in such a manner as to allow such materials to blow or spill over and upon such public or private street, place or way. 15.16.1 80 investigation fee. A. Whenever any work for which a permit is required by this code has been commenced without first obtaining a Grading Permit or an unlawful act, as defined in Section 15.16.170, has been committed, the City Engineer shall conduct a special investigation into the cause, extent and potential remedial actions that must be undertaken before a new permit may be issued, the Stop Work Notice is removed or the Notice of Grading Violation is released. The City Engineer shall collect an investigation fee from the offender whether or not a permit is then or subsequently issued. The investigation fee shall be established by resolution of the City Council and shall be in addition to any required permit fee. The investigation fee may be reduced or waived if the City Engineer finds that: ; 20 1 2 3 4 5 6 7 8 9 10 '' l2 1 3 14 15 16 17 18 19 20 21 22 23 24 25 26 2'7 28 0 0 Exhibit 1 1. The amount of the investigation fee is significantly out of proportion to the cost of the administrative work necessary to investigate the violation or unlawful act; 2. The violation or unlawful act was not in the control of the property owner and the property owner took immediate action to correct the violation upon notification by the City Engineer; or, 3. The violation or unlawful act was caused by or resulted from an unintentional action or misunderstanding of City codes or a directive issued by the City Engineer or the City Engineer's authorized representative. B. The payment of an investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. 15.1 6.190 Enforcement measures; Remedies. A. Whenever the City Engineer determines that an unlawful act, as defined in Section 15.16.170, has been committed by an individual operating with or without benefit of a Grading Permit, the following enforcement measures and remedies may be undertaken by the City Engineer, in lieu of or in addition to any remedial actions undertaken in accordance with Section 15.16.140: I. Stop Work Notice. The City Engineer may issue a Stop Work Notice demanding that all unlawful activities, as defined in this chapter, be stopped until a valid Grading Permit is obtained or corrective action is authorized by the City Engineer. The City Engineer may allow continuance of the work to the extent necessary to install protective measures to safeguard the public or to secure the site against erosion and sedimentation. Prior to resumption of any work, other than as may be permitted by the City Engineer pursuant to this Subsection , on a permitted grading operation, the permittee shall restore all cash deposits and/or other securities consumed by the City to the amount specified in the approved grading and erosion control agreement. 2. Owner Notification. The owner of the property shall be notified in writing that a violation has occurred. The notification shall specify the location, nature and extent of the activity or condition which contributed to the violation, the corrective action needed to cure the violation and the period of time deemed necessary by the City Engineer to correct the violation. 3. Record Notice of Grading Violation. In the event that the owner does not correct the violation in the manner or within the time period requested by the City Engineer, the City Engineer shall record a Notice of Grading Violation against the property with the County Recorder. Upon completion of any corrective action and/or issuance of a valid Grading Permit and upon payment of the investigation fee required pursuant to this section, the City Engineer shall file a Notice of Release of Grading Violation with the County Recorder releasing the property from the Notice of Grading Violation. 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2’1 22 23 24 25 26 27 28 Exhibit 1 0 0 4. Prohibition of Development Permits. Any property which has a Notice of Grading Violation recorded against it shall be prohibited from obtaining or using any development permit pursuant to chapters 18, 20 and 21 of this code until after all corrective actions are taken in accordance with the requirements of the City Engineer and, a Notice of Release of Grading Violation has been recorded with the County Recorder. 5. Investigation fee. An investigation fee shall be paid by the person responsible for the violation in accordance with the provisions of this chapter. The payment of such investigation fee shall not relieve any person from the performance of the corrective work or otherwise complying with the requirements of this chapter. 6. Criminal Penalties. Each person, firm or corporation who commences or does any grading contrary to the provisions of this chapter, or otherwise violates the provisions of this chapter, is guilty of an infraction. Every day during any portion of which any violation of any provisions of this title is committed, continued or permitted by such person, firm or corporation, shall be deemed a separate violation and shall be punishable as provided in this title and in Section 1.08.010(b) of this code. 7. Abatement of Public Nuisance. Any grading commenced or done contrary to the provisions of this chapter, or other violation of this chapter, shall be, and the same is declared to be, a public nuisance. Upon order of the City Council, the City Attorney shall commence necessary proceedings for the abatement of any such public nuisance in the manner provided by law. Any failure, refusal, or neglect to obtain a permit as required by this chapter shall be prima facie evidence of the fact that a public nuisance has been committed in connection with any grading commenced or done contrary to the provisions of this chapter. 8. Civil Action. The City Attorney may, at the request of the City Engineer, initiate any appropriate civil action in a court of competent jurisdiction to enforce the Stop Work Notice, including the required corrective actions, and/or the grading and erosion control agreement, including the recovery of any funds expended by the City to abate any public nuisance resulting from an unlawful act as defined in Section 15.16.170 and any additional civil penalties provided for by law.” SECTION V: That Title 19, Chapter 19.04 is amended by the amendment of Sectior 19.04.050 (a) to read as follows: * “This chapter shall apply to all projects in the City undertaken or pursued by the Cit] and to all permits, licenses approvals or other entitlements for any of the following, provide( that they are not otherwise exempted: (I) Zone change and zone code amendments; (2) Variances; (3) Master plans, specific plans or precise development plans, or amendments mad( thereto; (4) Residential and non-residential planned development permits; (5) Conditional or special use permits; (6) Redevelopment permits; 22 1 2 3 4 5 6 7 a 9 10 11 12 l3 j4 15 16 17 18 19 *O 21 22 23 24 25 26 27 28 0 0 Exhibit 1 (7) Parcel Maps; (8) Tentative subdivision maps; (9) Site development plans; (1 0) Adoption or amendment of a general plan or element thereof; (1 1 ) Condominium permits; (1 2) Any other private activity which requires a City entitlement which would have adverse significant effect on the environment; (13) Any project where the City or its staff exercises deliberation or judgment in approval process; (1 4) Planned industrial permits; (1 5) Hillside development permits; (1 6) Coastal development permits; (1 7) Local coastal plan amendments.” RE-ENACTMENT AND CONTINUATION: Section I1 of this ordinance repeals Chapter 11.06 and Section IV re-enacts it as Section 15.16. Such repeal shall not affect any punishment or penalty incurred before the repeal takes effect, nor any suit, prosecution or proceeding pending at the time of the repeal for an offense committed under the ordinance repealed. It is the City Council’s intention by such re-enactment that there be no break in the continuous operation of the old ordinance, and no abatement of the legal consequences of acts done under the old ordinance. EFFECTIVE DATE: This ordinance shall be effective sixty (60) 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 a newspaper of general circulation in the City of Carlsbad Ill Ill Ill Ill Ill Ill Ill Ill 23 1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a 0 Exhibit 1 within fifteen (15) days after its adoption. Not withstanding the above, the ordinance shall not become effective until approved by the California Coastal Commission. INTRODUCED AND FIRST READ at a regular meeting of said City Council held on the &May of NOVEMBER , 1996, and thereafter, PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the - day of , 1996 by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST: (SEAL) ALETHA L. RAUTENKRANZ, City Clerk ’ 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 0 m RESOLUTION NO. 96-399 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ESTABLISHING THE FEES FOR CITY SERVICES RELATING TO GRADING PERMITS. WHEREAS, the City Council of the City of Carlsbad (City) has authority to establi! fees for City services; and WHEREAS, the City is repealing Chapter 11.06 of the Carlsbad Municipal Code (Cod and re-enacting as new Chapter 15.16 of the Code both relating to grading and erosic control; and WHEREAS, new Chapter 15.16 requires that all existing and newly proposed gradil permit related fees be established by resolution of the City Council; and WHEREAS, new Chapter 15.16 establishes a new investigation fee and a-gradi permit extension fee; and WHEREAS, the City Council finds it necessary to recover costs for City services; and WHEREAS, the City Council has determined the cost of providing grading per related services; and WHEREAS, the City Council has determined that the fees shown on Exhibit attached hereto, are fair and reasonable in relation to the services provided; and WHEREAS, a statement that the data required by Government Code Section 660% available and was mailed at least 14 days prior to the meeting to any person requesting it; a WHEREAS, the data indicating the amount of estimated cost to provide the applica processing services and the anticipated revenue sources therefor have been made avail2 to the public for at least 10 days prior to the meeting; and WHEREAS, the City Council has held the necessary public hearing and allowed public comment on the establishment of said fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlst California as follows: 1 2 3 4 5 f5 7 8 9 10 11 12 l3 14 a 0 1. 2. That the above recitations are true and correct. That the fees shown on Exhibit ‘A’ relating to the provision of grading pen related services are hereby established. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad C Council held on the ahday of NOVEMBER , 1996 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: e 0 4 EXHIBIT “A” GRADING PERMIT APPLICATION FEE: GRADING PERMIT FEE: “CY = Cubic Yards INVESTIGATION FEE: $1,500.00 GRADING PERMIT EXTENSION FEE: % of Grading Permit Fee 4 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 W 0 RESOLUTION NO. 9 6 - 4 0 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIF0 RN IA, AP P ROVl NG AN AMENDMENT TO ALL SIX SEGMENTS OF THE CARLSBAD LOCAL COASTAL PROGRAM TO ADOPT THE CITY’S GRADING ORDINANCE AS AMENDED AS AN IMPLEMENTING ORDINANCE FOR CARLSBAD’S LOCAL COASTAL PROGRAM. CASE NAME: GRADING ORDINANCE CASE NO: LCPA 96-08 WHEREAS, California State law requires that the Local Coastal Progra General Plan, and Municipal Code regulations for properties in the Coastal Zone be conformance; and WHEREAS, the City of Carlsbad is processing for approval a new gradi and erosion control ordinance entitled “Ordinance No. NS - 385 ,, dal December 3 , 1996, hereinafter referred to as Exhibit No. 1. WHEREAS, a verified application for an amendment to the Local Coas Program, as shown on Exhibit No. 1, has been filed with the City Council; and WHEREAS, said verified application constitutes a request for a Lo Coastal Program Amendment as shown on Exhibit No. 1, as provided in Pul Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division of Title 14 of the California Code of Regulations of the California Coastal Commiss Administrative Regulations; and WHEREAS, the City Council did on the 19th day of November , 1996, hold a duly noticed public hearing as prescribed by law to consider said requc and RES0 NO. 96-400 -1- I < 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 e WHEREAS, State Coastal Guidelines requires a six week public revi period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council the City of Carlsbad, as follows: A) 8) That the foregoing recitations are true and correct. At the end of the State mandated six week review period, starting August 22, 1996, and ending on October 4, 1996, staff shall present the City Council a summary of the comments received. No put comments have been received. That based on the evidence presented at the public hearing, the C Council APPROVES LCPA 96-08, as shown on Exhibit No. 1, dated & , 1996, attached hereto and made a part hereof based on I following findings: C) 3 Findinas: 1. That the proposed Local Coastal Program Amendment is consistent with applicable policies of the City of Carlsbad Local Coastal Program (LCP) , that any grading within the coastal zone shall be required to be consiste with all certified local coastal program provisions. That the proposed amendment to Carlsbad’s Local Coastal Program is requir to maintain consistency between the City’s Municipal Code and it’s Lor Coastal Program.. 2. .... .... .... .... .... .... .... .... .... RESO NO. 96-400 -2- 4 1 2 3 4 5 6 7 8 9 11 0 I1 11 2 11 3 14 15 16 17 19 l8 20 21 2*2 23 24 2,5 26 27 28 w e 3. That the Planning Director has determined that the project is exempt from tt requirements of the California Environmental Quality Act (CEQA) per Sectior 15308, 1506l(b)(3), and 15273(a)(1) of the State CEQA Guidelines and will n have any adverse significant impact on the environment. PASSED, APPROVED AND ADOPTED at a regular meeting of the CI 19th day of NOVEMBER 1996, by tl Council of the City of Carlsbad, held on the following vote, to wit: AYES: NOES: None ABSENT: None ABSTAIN: None Council Members Lewis , Nygaard, Kulchin, Finnila, Hall ATTEST: ' k&iC33 KAREN R. 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SOILS REPORTS A preliminary soils report is required with the submittal of all grading plans. The City Engineer may waive the requirement for the preliminary report for grading projects which have cut or fill with a height of five feet or less or where it can be shown that the preliminary report is not needed to ensure the protection of the health, safety or welfare of the public. All soil reports shall be bound within sturdy covers and signed and sealed by a registered engineer competent in the field of soils engineering. The report shall be neat and logically ordered and include an index, the City project ID, name and location of the project, the name, address and telephone number of the firm which prepared the report and the date of the report. Each page of the report shall be numbered.. The preliminary soils report must be current and must reference the specific project proposed for development. Reports over one year old at time of grading plan submittal and/or reports which reference a different grading proposal must be made current by submittal of an amended report or by submittal of a signed and sealed letter from the soils engineer stating that the findings and conclusions of the previous report are current and valid for the present proposed project. The preliminary soils report shall at a minimum include the following: A. A written description of the proposed project or grading work to be done and a preliminary site plan; A location map and geologic history of the site and surrounding region including a synopsis of the existing soils condition, description of the type and extent of the existing vegetation, description of the seismic setting and proximity of nearby faults, and presence of water on the site; A description of the testing done onsite including number and location of the test holes, a map showing the location of the test sites, type and depth of the holes, depth of any found water table, evidence of seismic or landslide activity, reason for performing the test and explanation of the test results; B. C. 1 0 0 Exhibit 5 D. Soil profiles; E. A description of the laboratory testing done on soil samples including a description of where the samples came from, reason for performing the test, test results and explanation of the test results; Calculations, if any, needed to determine the stability of any slopes which exceed twenty feet in height or which are steeper than two horizontal to one vertical; A summary of the conclusions and recommendations as to the suitability of the site for the proposed project, any building restrictions, any proposed mitigation measures, footing or building foundation recommendations, type and placement of any subsurface drains or any other recommendations as may be determined by the soils engineer; A set of recommended specifications for the grading work to be done on the site. F. G. H. 2. SLOPES A. No cut or fill slope shall be steeper than two horizontal to one vertical unless specifically approved by the City Engineer. The City Engineer may approve a slope steeper than two to one under the following conditions: 1) The cut or fill at a steeper slope will be stable and not create a hazard to public or private property; 2) The steeper slope is determined by the City Engineer to be necessary to reduce the overall environmental or aesthetic impacts of the grading project; The overall project grading is consistent with the provisions of the Hillside Grading Ordinance; A soils report prepared by a registered engineer qualified in the field of soils engineering is submitted which report shall provide calculations indicating that the proposed slope will have a factor of safety of 1.5 to 1 or better for both deep seated and surficial failures under saturated soil conditions. 3) 4) B. Cut and fill slopes shall be set back from site boundaries in accordance with City of Carlsbad Standard Drawing GS-14. 2 a 0 1 I. Exhibit 5 C. Buildings shall be set back from cut or fill slopes in accordance with City of Carlsbad Standard Drawing GS-15. Terrace drains shall be installed on all manufactured slopes exceeding thirty feet in height. The City Engineer may waive this requirement for slopes with a longitudinal length of one hundred feet or less, or upon the recommendation of a registered soils engineer or geologist that such terrace drain is not necessary for stability or erosion protection. Terrace drains shall be designed to prevent deposition of sand and/or other soil materials within the concrete drain. The minimum longitudinal slope shall be two percent and maximum slope shall be twelve percent. Drainage terraces exceeding eight feet in width need only be paved for a width of eight feet, provided such pavement provides for a minimum channel depth of one foot. Down drains or drainage outlets shall be provided at approximately three hundred foot intervals along the drainage terrace. All such down drains or outlets shall be designed to safely convey the intercepted waters to the point of disposal. D. 3. SITE DRAINAGE A. All drainage facilities shall be designed to carry surface waters to the nearest practical street, storm drain, or natural water course approved by the City Engineer. When discharging concentrated flows onto natural ground, the engineer-of-work shall provide appropriate calculations to determine the erosive effects at the point of discharge and immediately downstream from the discharge point. If erosive velocities will occur at the discharge point or immediately downstream, then an appropriately designed rip-rap field or other energy dissipating device shall be installed to mitigate the erosive effects. Graded building pads shall have a minimum slope of one percent towards an adjoining street or an approved drainage course. A lessor slope may be approved by the City Engineer for sites graded in relatively flat terrain, or where special drainage provisions are made. In such cases, the City Engineer may require a supporting recommendation by a registered soils engineer. Berms, swales or other methods and devices shall be provided at the top of cut and fill slopes to prevent surface waters from overflowing onto and damaging the slope face. Special drainage provisions shall be made where a building or structure exists within five feet of the top of a slope. B. C. 3 0 e t ,, ' Exhibit 5 4. EROSION CONTROL A. An erosion control plan shall be included as an integral part of all grading plans. The erosion control plan shall be designed to minimize the loss of soil materials from the project site to the maximum extent practicable. Onsite erosion control measures are required for all grading projects regardless of whether or not a proposed or existing sedimentation basin is located downstream from the project site. Engineers are encouraged to use the standard erosion control detail and note sheet available at minimal cost from the Engineering Counter. The erosion control sheet is also available in digital format. B. All temporary onsite erosion control measures shall be designed to mitigate the erosion impacts of a two year 24-hour storm unless otherwise directed by the City Engineer. Erosion control measures employed on a project site shall include but not be limited to the use of sand and gravel bags, jute, straw and other matting materials, hay bales, siltation fences, sedimentation basins, grassy swales, hydroseeding, straw mulching, check dams or any other measure as may be approved by the City Engineer. For project sites with a graded area of five acres or more, the erosion control plan must also be made to comply with the General Construction Permit requirements of the Regional Water Quality Control Board. All landscaping and irrigation shall be done in accordance with the latest version of the City Landscape Manual. Permanent sedimentation basins shall be designed to capture soils with a particle size of 0.02 mm or greater during a ten year 24-hour storm. The City Engineer may allow the use of 0.074 mm particle size in areas where the discharge of finer soil materials will not adversely affect downstream habitats or land uses. Sedimentation basins shall be adequately designed to retain a minimum five years worth of sediment generated from the contributing hydrologic basin in its fully developed state. Check dams or other erosion control measures shall be installed along all unprotected swales, roads or other drainage courses where the velocity of the drainage runoff exceeds the erosive velocity of the underlying soil material. In the absence of specific soil testing and soil transport calculations which may dictate another design, the distance between check dams shall be as follows: C. D. E. F. G. 4 0 0 * 1. q Exhibit 5 Slope Gradient Interval 0-4%- 100 feet 4 - 10% - 50 feet Over 10% - 25 feet 5. INFILL LOTS A. All grading done on residential infill lots shall conform to these standards. Residential infill lot means any lot within an existing residential neighborhood which is bounded on one or more sides by an existing residence. Fill height shall be minimized. The City Engineer has the discretion to approve or deny fill heights over three feet on infill lots. The relative acceptability of fill heights shall be determined by the following: 1) 2) B. Zero to three feet is acceptable. Greater than three feet and up to ten feet is discouraged unless the plan for such grading is accompanied by a letter providing specific justification for the fill height. Potential justifications may include but are not limited to the need to sewer or drain to the public street, the need to raise the property to prevent flooding of a future structure, to make the property compatible with adjacent graded properties, to accommodate future driveway access where no other access is possible or to mitigate a geologic problem on the site. Greater than ten feet is unacceptable. Fills which are unacceptable may be allowed only when necessary to correct geotechnical or soils engineering problems. 3) C. 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 circumstances where no other means to develop the property is available. 5 e a f 1, - Exhibit 5 D. Import and/or export of fill or excavation material to or from an infill lot shall be minimized. Whenever possible, grading design shall be accomplished to balance the grading onsite. Grading plans for infill lots which propose over one hundred cubic yards of imporVexport shall be accompanied by written justification for such importlexport. The City Engineer has the discretion to approve, conditionally approve or deny such written request. 6. STANDARD NOTES A. All Grading and Erosion Control Plans shall include the standard grading and erosion control notes and erosion control details as shown on City of Carlsbad Standard Drawing GS22 and GS23. 6 c 1, 1 ~RcjoF OF wBCmm (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171 349 (Blade-Citizen) and case number 1721 71 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: November 9, 1996 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Oceanside 11th Dated at California, this day of Nov. 1996 J L.' X& 'd - - - -f' - - - - - - - - Signature NORTH COUNTY TIMES Legal Advertising This spa ca for the County Clerks Filing Stan Proof of Publication of Notice of public Hearkg -----------_______________ .......................... NOTICE OF PUBLIC HEARING GRADING REGULATIONS AND FEES ADOPT~ON-CEXCAVATION AND MCA 96-IILCPA 96-8 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, Cali ' at 6:OO p.m., on Tuesday, November 19, 1996, to consider: 1 .)The repeal of Chapter regarding Grading and Excavation: 2.) The adoption of Chapter 15.16 regarding G : and Excavation; 3.) The adoption of amendments to Sections 1.08.020(a), 15.04.01 19.04.050, relating to grading and erosion control: 4.) The establishment of fees f . cessing and administration of grading permit applications; and 5.) The approval . amendment to all six segments of the Local Coastal Program to adopt the City's 2 * ordinance. ,' The data indicating the amount of the estimated cost to provide the application proc services and anticipated revenue sources created by the proposed revision is aw : for public review from 7:30 a.m. to 530 p.m., Monday through Thursday, and from 8:C s through 300 p.m. on Friday, at the Engineering Department, 2075 Las Palmas Carlsbad, California. If you have any questions regarding this matter. please contact Jacobs, in the Engineering Department, at (619) 438-1 161, extension 4396. 'If you challenge the revisions to the Grading Ordinance. the Local Coastal Program a ments, andlor the adoption of grading permit fees in court, you may be limited to raisir I those issues raised by you or someone else at the public heanng described in this , or in written correspondence delivered to the City of Carlsbad City Clerks 01 or prior to, the public hearing. ' APPLICANT: City of Carlsbad i CARLSBAD CITY COUNCIL Legal 48878 November 9, 1996 I e Q) c, ** PR STATE OF CALIFORNIA Coufity of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171 349 (Blade-Citizen) for the cities of Escondido, Oceanside, Carlsbad, and case number 172171 (The Times-Advocate) Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: N0-r 9, 1996 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Wearmside Pltl? Dated at California, this day Hov, 1996 - - - - - - - - NORTH COUNTY TIMES Legal Advertising This spa db for the County Clerk's Filing Staml Proof of Publication of Notice of Public Hearing .......................... .......................... NOTICE OF PUBLIC HEARING ADOPTION a EXCAVATION AND GRADING REGULATIONS AND FEES MCA 96-IlLCPA 96-8 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a p hearing at the Cdy Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, Calif0 at 6 00 p m on Tuesday, November 19,1996, to consider 1 )The repeal of Chapter 1 regarding Gkading and Excavation. 2 ) The adoption of Chapter 15 16 regarding Gra and Excavation 3 ) The adoption of amendments to Sections 1 08 020(a), 15 04 010, 19 04 050, relaiing to grading and erosion control, 4 ) The establishment of fees for cessing and administratlon of grading permit applications, and 5 ) The approval a b amendment to all six segments of the Local Coastal Program to adopt the Civs gri ordinance The data indicating the amount of the estimated cost to provide the applicahon prow: services and anticipated revenue sources created by the proposed revision IS avai for public review from 7 30 a rn to 5 30 p m , Monday through Thursday, and fmm 8 00 through 5 00 p m , on Friday, at the Engineering Department, 2075 Las Palmas [ Carlsbad, California If you have any questions regarding this matter, please contact h, If you challenge the revisions to the Grading Ordinance, the Local Coastal Program alT ments, and/or the adoption of grading permit fees in court, you may be limited to raising those issues raised by you or someone else at the public hearing described in this ni orin wntten correspondence delivered to the City of Carlsbad City Clerk'sOfic or prior to, the public heanng APPLICANT City of Carlsbad ' Jacobs, in the Engineering Department, at (619) 438-1 161, extension 4396 CARLSBAD CITY COUNCIL Legal 48878 November 9,1996 8 0 e . 38 I NOTICE OF PUBLIC HEARING ADOPTION OF EXCAVATION AND GRADING REGULATIONS AND FEES MCA 96-1/LCPA 96-8 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m., on Tuesday, November 19, 1996, to consider: 1.) The repeal of Chapter 11.06 regarding Grading and Excavation; 2.) The adoption of Chapter 15.16 regarding Grading and Excavation; 3.) The adoption of amendments to Sections 1.08.020(a), 15.04.010, and 19.04.050, relating to grading and erosion control; 4.) The establishment of fees for processing and administration of grading permit applications; and 5.) The approval of an amendment to a11 six segments of the Local Coastal Program to adopt the City’s grading ordinance. The data indicating the amount of the estimated cost to provide the application processing services and anticipated revenue sources created by the proposed revision is available for public review from 7:30 a.m. to 5:30 p.m., Monday through Thursday, and from 8:OO a.m. through 5:OO p.m., on Friday, at the Engineering Department, 2075 Las Palmas Drive, Carlsbad, California. If you have any questions regarding this matter, please contact Mindy Jacobs, in the Engineering Department, at (619) 438-1161, extension 4396. If you challenge the revisions to the Grading Ordinance, the Local Coastal Program amendments, and/or the adoption of grading permit fees in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s Office at, or prior to, the public hearing. APPLICANT : City of Carlsbad PUBLISH : November 9, 1996 CARLSBAD CITY COUNCIL n a e . .I v To: Karen Kundtz Cc: Dave Hauser,Patty Cratty From: Mindy Jacobs Subject: Grading Ordinance Public Notice Date: 11/5/96 Time: 9:54AM Karen-- Here is some proposed wording for the public notice as you requested. Please let me know if you need any additional information. Thanks for all of your help. NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, November 19, 1996, to consider a revision to the Carlsbad Municipal Code Chapter ll.O6--Excavation and Grading (MCA 96-01/LCPA 96-08). The data indicating the amount of the estimated cost to provide the application processing services and anticipated revenue sources created by the proposed revision is available for public review from 7:30 a.m. to 5:30 p.m. Monday through Thursday and from 8:OO a.m. to 5:OO p.m. on Friday at the Engineering Department, 2075 Las Palmas Drive, Carlsbad, California. Mindy Jacobs x4396 Z 0 0 a J 0 Z 3 0 0 F - ~~ ECOMMENDED ACTION: Introduce Ordinance No. NS repealing Chapter 11.06 and reenacting as new Chapt 15.16, and amending Sections 1.08020(a), 15.04.010 and, 19.04.050 of the Carlsbad Municil Code, all relating to grading and erosion control. Adopt Resolution No. establishing fees for the processing and administration grading permit applications. Adopt Resolution No. NS approving an amendment to all six segments of the Loc Coastal Program to adopt the City’s Grading Ordinance. ITEM EXPLANATION: On May 16, 1995, Council approved a staff work plan for streamlining the development proce! One element of the work plan called for the comprehensive review of City ordinances to identify 2 eliminate code provisions which are redundant, confusing or which act as an impediment to i smooth processing of development projects. The grading ordinance was selected for initial review and revision because it presented numerc opportunities to effect significant changes to help streamline the grading plancheck and per process. As Council may recall, the goals of the work plan are as follows: 1. To streamline the development process by eliminating unnecessary impediments, decreasing the amount of staff time required to review projects and by making the proa simple for our customer applicants. To facilitate construction of quality projects by establishing systems of quality assurance quality control and, by ensuring that developments comply with all City Standards and goals of the General Plan Vision. To provide reasonable opportunity for public input and comment on proposed developrr activities. The work plan goals were used as a guide for the preparation of the proposed grading ordina revision. The major areas proposed for revisions are listed below. For a more comprehensive lis of the proposed revisions together with an explanation of the benefits to be gained from e revision please refer to revision matrix chart attached as Exhibit 4 of this agenda bill. The m changes in the revised ordinance are as follows: 1. Addition of an exemption from the grading permit process for grading work done previously graded lots. Such grading work is usually minor in nature and can accomplished without loss of quality under the building permit process. This exemption save approximately three months in processing time for industrial, commercial or reside projects constructed on pre-graded lots. 2. 3. Dept. Justification: Ret: &!- 0 Disapprove i Finance Investigation: Rec: 0 Approve 0 Disapprove Dept. Head Signature Date City Manager's Action: City Manager Signature Date 0 Approve 0 Disapprove a- 0 e 1200 ELM AVENUE TELEPHONE CARLSBAD, CALIFORNIA 92008 (619) 434-28OE Q0 Office of the City Clerk b' v' Mitg of &rlf3bab July 15, 1996 DATE : TO : City Engineer FROM : Assistant City Clerk RE : Appeal of City Engineer's Decision Re Grading Violation Robert Lee Cissna Property (NOTE: WE NEED TO MAKE I THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL. THAT THESE PEOPLE ARE GI PLENTY OF NOTICE ABOUT 'I ME TIN . DAT ! ! ! !) According to the Municipal Code, appeals must be heard by t%e fity 8ouncil within 30 days of the date that the appeal was filed. (REMINDER: The item will not be noticed in the newspaper until the agenda bill is signed off by - all parties.) Please process this item in accordance with the procedures contained in the Agenda Bill Preparation Manual. If you have any questions, please call. ________________________________________------------------------------------ The appeal of the above matter should be scheduled for the City Council Meeting of Signature Date c: wlattachments Tim Fennessey fi lev- QV QL&& fZl??lb3OQ+&L2L &b -kt '7 th ewvl G? / 7 QQ 433- L.flf' APPEAL FORM L I (We) appeal the following decision of the c 'FI? Ph?P, nceL7 PWA _savj/r& e*ed 1 / &dYL14 J&ls, * to the City Council: Project Name and Number (or subject of appeal): I LtJt%4Ob&A pf,, )37 MA I #6o',LAR. Date of Decision: Reason for Appeal: RLah-bc Grsidl A& se&d -RQ,&?+? 2ZbL Name (Please Print) LWzf &k-Pd4L-. ce*?$ (ybb GdA A @P)D Ghcc @ t2L ?&! a)@ w L&rA 3 ~~d~~~2 w:c Address /I&/hbooQ! C! 906 ?@ (2/_3/ &.X - tpma q2-c5c3? -pb,O&'% A 4 IhQ) 7 \ en- Qlnl J pfione Number fi) &flg*&q & r- d A +=&&";1 i9+ 9V$UL Cy?" POh/Ad+ h s*c m&i? L"id&A pD+q d 1200 CArlsbad Village brive - Carlsbad, California 92008-1 989 - (61 9) 434-2808 CITY OF CARLSBAD 1200 CARLSbAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 434-2867 RECEIPT NO. @ htai on recycled paper NOT VALID UNLESS VALIDATED BY CASH REGISTER ---- --- -----I_--_--I__--_-x.- __ --_.___. I_ ______I_- I_. -__ ___ -_-_________ ___^_ 0 e L."/:(i" 5A &* April 15, 1996 TO: CITY CLERK FROM. Management Analyst, Engineering VIA: RECORDATION OF DO S Under normal circumstances, it is my understanding that we route documents for recordation through your office, I was talking with Karen Kundtz today and asked her if in special situations it would be possible for us to send a member of the Engineering staff to hand deliver certain documents to the Recorder's office. This would probably occur in cases where we needed a stamped copy for our records and/or had a document that was so critical that we could not risk any possibility of loss through the mail system. Per Karen's suggestion, I am writing this memo to see if you would approve of this process under special circumstances. Thank you for your consideration of this request. -F MINDY JACOBS Management Analyst cc: Principal Civil Engineer Brown Senior Management Analyst, Engineering Associate Engineer Entezari 61101 96 Lee disscussed this with Mindy and agreed to the suggestion under certain circumstances once or twice per year). Documents will still go through the normal approval process, however, after processing, in these unique situations, the documents would be hand carried to the Recorder by Engineering staff. (critical situations, and - not frequently - not more than K. *- 1 e I) -t January22, 1995 TO: DISTRIBUTION FROM: Senior Management Analyst, Engineering SECURED AGREEMENT PROCESSING AND RELEASE As part of our annual work plan, the Administrative Division has reassigned some staff duties. Effective immediately, Nanci Plouffe will be processing secured agreements, reductions, and releases. Please inform your staff about this new assignment. If you have any questions, please call me at extension 4395. Thank you for your cooperation. PATT 6 CRATTY Senior Management Analyst cc: City Engineer DISTRIBUTION: David Hauser Richard Allen Mike Bock Karen Kundtz Sandy Schuck Dick Cook Joe Federico Tony Alcala