HomeMy WebLinkAbout1996-12-03; City Council; 13936; ADOPTION OF ORDINANCE NO. NS-385 REVISION TO CARLSBAD MUNICIAL CODE REGARDING EXCAVATION AND GRADING'3 *' c
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-\- CW OF CARLSBAD - AGE- BILL
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AB #f 13,s36 T'TLE: DEPT. HD. A
MTG. 12/3/96 REVISION TO CARLSBAD MUNICIPAL CODE CITY ATTY -
DEPT. CLK
RECOMMENDED ACTION:
ADOPTION OF ORDINANCE NO. NS-385
REGARDING EXCAVATION AND GRADING CITY MGR, -
Adopt Ordinance No. NS-385, repealing and re-enacting Chapter 11.06 of the Carlsbad
Municipal Code as Chapter 15.16; and amending Sections 1.08.020(a), 15.04.010 and
19.04.050, all relating to grading and erosion.
ITEM EXPLANATION
Ordinance No. NS-385 was introduced, as amended, and first read at the City Council meeting
held on November 19, 1996. The second reading allows the City Council to adopt the
ordinance which would then become effective in sixty days. The City Clerk will have the
ordinance published within fifteen days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 13,920 on file with the City Clerk.
EXHIBITS
1. Ordinance No. NS-385.
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December 2, 1996
TO: COUNCIL MEMBERS
FROM: City Clerk
RE: ORDINANCE NO. NS-385, ITEM NO. 15
Attached is a revised signature page for the above-reference Ordinance. The new
signature page makes the ordinance effective in all of the except for the Coastal Zone. It
will then be effective in the Coastal Zone when approved by the Coastal Commission.
k- LEE RAUTENKRANZ
City Clerk
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Ill
within fifteen (1 5) days after its adoption. Not withstanding the above, the ordinance
shall not become effective within the Coastal Zone until approved by the California
Coastal Commission.
INTRODUCED AND FIRST READ at a regular meeting of said City
Council held on the - day of , 1996, and thereafter,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
, 1996 by the following vote, to City Council held on the - day of
wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk (SEAL)
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1) a
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 procet
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 provis
of high quality development consistent with the City's General Plan goals and objectives anc
provide reasonable opportunity for public input and comment on proposed developml
activities; and
WHEREAS, City staff completed a comprehensive review of Chapter 11.
Excavation and Grading, of the Carlsbad Municipal Code, also known as the Grad
Ordinance; and
WHEREAS, upon completion of the review of the Grading Ordinance, City s
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 determi
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 i
consistent with the goals and objectives of the General Plan and further that the revise
Grading Ordinance is necessary to protect the health, safety and welfare of the public fro1
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 Pem
applications and Grading Permits.
NOW THEREFORE, the City Council of the City of Carlsbad, California, does ordain E
follows:
SECTION I: That Title 1, Chapter 1.08 is amended by the amendment of Sectic
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 MuniciF
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 Sectii
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 ani
Erosion Control, to the Carlsbad Municipal Code to read as follows:
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"Chapter 15.1 6
GRADING AND EROSION CONTROL
Sections:
15.1 6.01 0 Title
15.1 6.020 Purpose.
15.16.030 City Engineer authority.
15.16.040 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
15.1 6.1 00
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15.1 6.1 20
15.1 6.1 30
15.16.140
15.16.1 50
15.16.160 Appeals.
15.16.170 Unlawful acts.
15.1 6.1 80 Investigation fee.
15.1 6.1 90
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.
Responsibility of permittee.
Grading and erosion control agreement and securities.
Agreement for Uncontrolled Stockpile.
Enforcement measures; Remedies.
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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Exhibit 1 e
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.
1516.030 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,.
1 I. 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.
10. "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 15.16.1 10, 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.
15.1 6.050 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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15.1 6.060 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.
6. 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(s); 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 Ukontrolled 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.
15.16.080 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.
15.16.1 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 shall
resubmit a new application and pay a new Grading Permit application fee. The City
Engineer may waive any or all of the Grading Permit application fee when a resubmitted
application is accompanied by a grading plan which has been previously signed and
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 prior
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.
15.1 6.1 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 B. 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.
15.16.140 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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15.16.150 Agreement for Uncontrolled Stockpile.
A. Applications for Grading Permits involving uncontrolled stockpiles shall be accompanied
by an agreement signed by the property owner.
8. 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.
8. 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 otherwise 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 properly, place or way. Such
consent shall be in writing and in a form acceptable to the City Engineer; or,
3. Transport, haul or otherwise 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.
15.1 6.1 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 6.1 90 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:
1. 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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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 Sectic
19.04.050 (a) to read as follows:
“This chapter shall apply to all projects in the City undertaken or pursued by the C
and to all permits, licenses approvals or other entitlements for any of the following, provid
that they are not otherwise exempted:
(1 ) Zone change and zone code amendments;
(2) Variances;
(3) Master plans, specific plans or precise development plans, or amendments ma
thereto;
(4) Residential and non-residential planned development permits;
(5) Conditional or special use permits;
(6) Redevelopment permits;
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(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;
(12) Any other private activity which requires a City entitlement which would have i
adverse significant effect on the environment;
(13) Any project where the City or its staff exercises deliberation or judgment in tt
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 II 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 I//
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Exhibit 1 w 8
Ill
within fifteen (15) days after its adoption. Not withstanding the above, the ordinance
shall not become effective within the Coastal Zone until approved by the California
Coastal Commission.
INTRODUCED AND FIRST READ at a regular meeting of said City
Council held on the 19th day of November , 1996, and thereafter,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
, 1996 by the following vote, to City Council held on the 3rd day of December
wit:
AYES: Council Members Lewis, Nyg ulchin, Hall and Finnila
NOES: None
ABSENT: None
ATTEST:
AL%$ENii!!ty% - (SEAL)
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