HomeMy WebLinkAbout1996-11-19; City Council; 13919; REVISION TO CARLSBAD MUNICIPAL CODE CHAPTER 11.06 - EXCAVATION AND GRADING MCA 96-1/ LCPA 96-08m
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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.
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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.
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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.
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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.
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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.
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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
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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:
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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;
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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;
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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.
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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.
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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;
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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;
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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,
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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
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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,
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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.
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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.
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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.
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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,
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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.
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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.
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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.
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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.
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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:
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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.
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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;
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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
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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
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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:
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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
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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
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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-
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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.
....
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RESO NO. 96-400 -2-
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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. KUNDTZ, ssistant City Clerk
(SEAL)
RES0 NO. 96-400 -3-
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Exhibit 5
GRADING AND EROSION CONTROL - DESIGN CRITERIA
1. 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 ?&!
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3 ~~d~~~2 w:c Address
/I&/hbooQ! C! 906 ?@
(2/_3/ &.X - tpma
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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