HomeMy WebLinkAbout2011-06-28; City Council; 20606; AMENDMENT TITLE 15 SUMMARY RECOMMENDATIONS REPORTCITY OF CARLSBAD - AGENDA BILL
AB# 2
MTG- 6/28/11
DEPT. CED
AMENDMENTS TO THE CARLSBAD MUNICIPAL
CODE, TITLE 15 - GRADING AND DRAINAGE,
TO IMPLEMENT VARIOUS
RECOMMENDATIONS OF THE DEVELOPMENT
REVIEW PROCESS WORKING GROUP
SUMMARY RECOMMENDATIONS REPORT -
MCA 10-02
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
That the City Council INTRODUCE Ordinance No. CS-151 . AMENDING the Carlsbad Municipal
Code, Title 15 - Grading and Drainage, to implement Municipal Code amendments recommended by
the Development Review Process (DRP) Working Group Summary Recommendations Report
(November 17, 2009).
ITEM EXPLANATION:
This proposal is one in a series of Municipal Code amendments recommended by the city's
Development Review Process (DRP) Working Group (2009), and consists of city-initiated
amendments to implement the Minor Grading Plan Process initiative, as identified in the DRP
Summary Recommendations Report accepted by City Council on November 17, 2009.
The proposed amendments to Title 15 streamline and clarify the current exemptions from grading
permit requirements (including increasing the exemption amount from 100 to 200 cubic yards), and
designates a new minor grading permit. The minor grading permit is for grading that is not exempt
from a grading permit, but is less than 1,000 cubic yards and connected with an application for
building permit. Rather than define an entirely new process for processing a minor grading plan, the
proposed code amendments give the city engineer latitude to exercise discretion in the application
requirements on a case-by-case basis. Depending on the type, size and location of a project, the city
engineer can approve the following DRP specific recommendations:
• use of topography from city or other sources, or an assumed elevation datum, saving the
applicant the cost of a new topographic survey,
• allowing the minor grading plan to be prepared by someone other than a registered civil
engineer,
• including the minor grading plan in the building plan check set, with no separate mylar
prepared,
• plan checking the minor grading plan as part of the building plan check,
• allowing the minor grading plan to use historical geotechnical data, requiring a signoff from a
geotechnical engineer prior to footing inspection.
The proposed amendment sets the plan check fee for a minor grading plan at 50% of the plan check
fee listed in the current fee schedule for a standard grading plan. Additionally, various minor changes
in Title 15 are proposed to update the storm water terminology to reflect current usage.
DEPARTMENT CONTACT: Glen Van Peski 760-602-2783 Glen.VanPeski @carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
*
Dnnn
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
D
Dnn
ENVIRONMENTAL IMPACT:
Carlsbad Municipal Code Title 19, Environmental Protection Procedures, identifies minor municipal
code amendments which do not lead to physical improvements beyond those typically exempt or
which refine or clarify existing land use standards as being exempt from the California Environmental
Quality Act (CEQA) and thus not requiring environmental review. This exemption is pursuant to State
CEQA Guidelines Section 15061(b)(3), which states "when it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the environment, the activity
is not subject to CEQA."
FISCAL IMPACT:
The reduced plan check fee for minor grading plan checks should be cost neutral. Since much of the
plan check will be done by engineering technicians as part of the building plan check, the cost of
providing the plan check is reduced. A fee study indicated that setting the plan check fee for minor
grading plans at fifty percent of the current fee for a regular grading plan would, on average, result in
full cost recovery.
EXHIBITS:
1 City Ordinance No. CS-151
2. Redlined version of proposed Ordinance
EXHIBIT 1
1 ORDINANCE NO. CS-151
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE CARLSBAD
3 MUNICIPAL CODE, TITLE 15 - GRADING AND DRAINAGE, TO
IMPLEMENT VARIOUS RECOMMENDATIONS OF THE
4 DEVELOPMENT REVIEW PROCESS WORKING GROUP
SUMMARY RECOMMENDATIONS REPORT - MCA 10-02
5 "
6 The City Council of the City of Carlsbad, California, hereby ordains as follows:
7
g Section 1:
9 That Title 15, Chapter 15.04, Sections 15.04.020(FF), (HH), (JJ), and (KK-LL) of the
Carlsbad Municipal Code are amended to read as follows:
"15.04.020-Definitions.11
12 M
FF. "Standard urban storm water management plan (SUSMP)" means a plan,
prepared pursuant to the municipal permit, to reduce pollutants and runoff
flows from all new development and significant redevelopment projects that
14 fall under priority project categories. When used in the Carlsbad Municipal
Code, this refers to the SUSMP prepared by the City of Carlsbad.
HH. "Storm water standards questionnaire" means the questionnaire form, as
specified in the SUSMP, filled out and signed by the responsible party
submitting an application for a development permit, and used by the city to
18 determine if the development project is required to comply with standard or
priority project storm water requirements.
19
20 JJ- "Storm water management plan (SWMP)" means a storm water management
plan prepared in accordance with the SUSMP which describes TCBMPs to
2\ be constructed on a development site. A storm water management plan also
includes recommended maintenance activities and schedules of
22 maintenance for any structural treatment controls included in the plan.
23 n
KK. "Storm water pollution prevention plan (SWPPP)" means a document which
24 describes the on-site program activities and structural treatment control
measures to eliminate or reduce to the maximum extent practicable, pollutant
25 discharges to the storm water conveyance system primarily through the
application and use of best management practices. A SWPPP is prepared in
26 accordance with the requirements of a NPDES general permit and/or city
standards.
27
28
1 LL. "Treatment control best management practice (TCBMP)" means engineered
facilities numerically sized for the treatment of storm water runoff. Structural
2 treatment controls typically use infiltration, filtration, retention/detention,
biofiltering and other techniques to remove pollutants from storm water
3 runoff."
4
Section 2:
5
That Title 15, Chapter 15.16, Sections 15.16.030(A)(3) - (A)(4) of the Carlsbad Municipal
6
Code are amended to read as follows:
"15.16.030 - City engineer authority.
8
A.3. Establish the format and content of grading plans, SWMPs, SWPPPs,
9 specifications and special provisions pursuant to the provisions of this chapter;
10 A.4. Establish and promulgate city standards to govern grading and storm water
standards in accordance with good engineering practice pursuant to the
* * provisions of this chapter;"
12
13 Section 3:
14 That Title 15, Chapter 15.16, Sections 15.16.040(K) - (M) of the Carlsbad Municipal Code
are deleted, and Section 15.16.040 is amended by the addition of subsections (K) - (N) as follows:
15.16.040-Definitions.
16
K. "Minor grading" means activities described by Section 15.16.062, whereby the
17 city engineer may modify certain provisions of Sections 15.16.067, 15.16.070
lg and 15.16.080.
L. "Site" is any lot or parcel of land or contiguous combination thereof, under
19 the same ownership, where grading is proposed or performed.
M. "Soils engineer" means a person holding a valid certificate of registration
20 as an engineer in the specialty of soils engineering issued by the state of
California under the provisions of the Business and Professions Code.
21 N. "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."
23
24 Section 4:
25 That Title 15, Chapter 15.16, Section 15.16.060 of the Carlsbad Municipal Code is
amended to read as follows:26
"15.16.060 - Work exempt from grading permit.
27
28 .
1 A. A grading permit shall not be required for the following:
2
1. Cemetery graves.
2. Refuse disposal sites controlled by other regulations.
3. Excavations for wells or tunnels or utilities.
4. Exploratory excavations under the direction of soil engineers or engineering
geologists.
6 5. Clearing and grubbing of vegetation done for the purpose of routine
landscape maintenance, the removal of dead or diseased trees or shrubs
7 or the removal of vegetation done upon order of the fire marshal to
eliminate a potential fire hazard or for the abatement of weeds.
o
6. Clearing and grubbing of vegetation done preparatory to agricultural
operations on land which has been used for agricultural purposes within
the previous five years.
10
, 1 B. Unless the city engineer determines that the work may adversely affect existing
drainage patterns, result in a condition which may cause damage to adjacent
, ~ property now or in the future, or may have a detrimental effect on the public
health, safety or welfare, a grading permit shall not be required for the
following:
1. Grading on a site where the city engineer finds that the following conditions
14 exist:
, t- a. The amount of soil material moved does not exceed two hundred cubic
yards;
16 b. No fill material is placed on an existing slope steeper than five units
horizontal to one vertical;
17 c. No cut or fill material exceeds four feet in vertical depth at its deepest
,« point, measured from the existing ground surface.
2. Grading in an isolated, self-contained area.
19
20 C. 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
21 comply with city standards and Titles 15, 19, 20 and 21 of this code, and within
the coastal zone, shall also be consistent with all certified local coastal
22 program provisions."
23
Section 5:
24
That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is amended to add Section
25
15.16.062 as follows:
26
"15.16.062-Minor grading.
28
1 A. Work meeting the following criteria may qualify as minor grading, as approved
by the city engineer:
2 1. The total earthwork volume (the larger of excavation or embankment, plus
remedial) is less than one thousand cubic yards;
3 2. The grading work is proposed in connection with a building permit
application.
4
B. For minor grading, the city engineer may modify the requirements of Sections
5 15.16.067, 15.16.070 and 15.16.080. Subject to a case-by-case determination,
permissible modifications may include:
6 1. Use of topography from city or other sources, or an assumed elevation
datum;
7 2. Preparation by a licensed architect or other qualified individual;
3. Inclusion of the minor grading plan as a sheet in the building plans;
8 4. Use of available, historical geotechnical data, with appropriate certifications
by a geotechnical engineer.
9
C. The grading plan review fee for plans showing minor grading per this Section
10 shall be fifty percent of the grading plan review fee calculated per the current
fee schedule. A grading permit is required for minor grading."
12 Section 6:
13 That Title 15, Chapter 15.16, Section 15.16.065(6) of the Carlsbad Municipal Code is
amended to read as follows:
"15.16.065 - Application for grading plan.
15
B. Unless otherwise approved by the city engineer, each application for a grading
16 plan review shall include a complete grading plan review application form,
grading plans, specifications, engineering calculations, a soils investigation, a
17 geotechnical report and other such documentation and information as may be
necessary to demonstrate that the grading work will be carried out in
18 substantial compliance with all city codes, city standards and the requirements
of the landscape manual. Each grading plan review application shall be
19 accompanied by a SWMP and SWPPP prepared in accordance with city
standards."
20
21 Section 7:
22 That Title 15, Chapter 15.16, Section 15.16.067 of the Carlsbad Municipal Code is
amended by the addition of subsection (4) as follows:
"15.16.067 - Information on grading plans, specifications and engineering reports
4. SWMPs shall be prepared if the project is subject to priority development
project requirements per the SUSMP. SWMPs shall demonstrate how the
project satisfies SUSMP requirements and shall recommend all required
TCBMPs, which shall be incorporated into the grading plans."
27
28
1 _.
Section 8:
2
That Title 15, Chapter 15.16, Sections 15.16.070(B)(5) and (B)(6) of the Carlsbad
Municipal Code are deleted, and Section 15.16.070 is amended by the addition of subsection
4 (B)(5) as follows:
5 "15.16.070 - Application for grading permit.
6 B.5. A grading permit application fee in an amount as established by the city
council by resolution. A separate plan review and/or inspection fee shall
7 apply to retaining walls, SWMP, SWPPP or major drainage structures as
provided for elsewhere in this code. There shall be no separate charge for
8 standard terraced drains and similar facilities. If during the grading plan
review the grading or other quantities, upon which the grading plan review
9 fee is based, are changed, the applicant shall pay any balance of fees
required."
10
11
12 Section 9:
That Title 15, Chapter 15.16, Section 15.16.080(A) of the Carlsbad Municipal Code is amended to
14 read as follows:
15
15.16.080(A) - Grading permit submittal documents.
17 A. Each application submittal for a grading permit shall be accompanied by city
approved grading plans, SWMP, SWPPP and other such documentation and
18 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
19 requirements of the landscape manual."
20
Section 10:
That Title 15, Chapter 15.16, Section 15.16.085(A) - (C) of the Carlsbad Municipal Code is
amended to read as follows:
23
"15.16.085 - Construction storm water pollution prevention plan (SWPPP).
24
A. Each grading permit issued shall be accompanied by a SWPPP prepared in
25 accordance with city standards and approved by the city engineer.
B. The city engineer may also require preparation of a SWPPP, prepared in
accordance with city standards, for any person conducting development or
other construction activity, including grading activities which are exempt from a
28
1 grading permit, in order to reduce the risk of contamination of storm water and
the discharge of non-storm water pollutants to the city's storm water
2 conveyance system.
3 C. Construction activities that have no potential to add pollutants to storm water or
non-storm water runoff may be exempt from the preparation of a SWPPP,
4 pursuant to the SWPPP exemption requirements of city standards, the general
construction permit and the municipal permit. Any construction activity
5 exempted from the preparation of a SWPPP must still comply with the storm
water pollution prevention requirements of city standards at all times during
6 construction."
7
8 Section 11:
9 That Title 15, Chapter 15.16, Sections 15.16.110(A)(4) - (6) of the Carlsbad Municipal
Code are deleted, and Section 15.16.110(A) is amended by the addition of subsections (4) - (7)
., as follows:
12 "15.16.110-Grading permit issuance.
13 A. Following submittal of a completed grading permit application and completion
of the following requirements, the city engineer shall issue a grading permit:
14 4. Approval of a SWMP prepared in accordance with the SUSMP;
5. Approval of a SWPPP prepared in accordance with this chapter and city
standards;
6. Submittal of proof of valid Coastal Development Permit, Stream Alteration
Permit, Army Corps Permit, National Pollutant Discharge Elimination
17 System Permit or other permits, if any, required by other departments or
agencies with competent authority; and
18 7. Completion of all environmental documentation in accordance with Chapter
19.04 of this code."
19
70z Section 12:
21
That Title 15, Chapter 15.16, Section 15.16.120(A)(10) of the Carlsbad Municipal Code is
22
amended by the addition of subsection (d) as follows:
23
"15.16.120 - Grading permit limitations, requirements and procedures.
24
A.IO.d. TCBMP installation certification."
26
27
28
1 Section 13:
2 That Title 15, Chapter 15.16, Section 15.16.140(B)(4) of the Carlsbad Municipal Code is
3 amended to read as follows:
4 "15.16.140 - Grading and erosion control agreement and securities.
-* B.4. A cost estimate prepared by a civil engineer which provides for the
construction of all earthwork, drainage facilities, retaining walls, TCBMPs,
construction BMPs 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;"
8
9 EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; and
10 the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in
11 a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption.
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on
the 28th day of June 2011, and thereafter
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad, California, on the day of , 2011, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
EXHIBIT 2
1
2 Section 1:
3 That Title 15, Chapter 15.04, Sections 15.04.020(FF), (HH), (JJ), and (KK-LL) of the
Carlsbad Municipal Code are amended to read as follows:
"15.04.020 -Definitions.5
6
FF. "Standard urban storm water mitigation management plan (SUSMPV means
7 a plan, prepared pursuant to the municipal permit, to reduce pollutants and
runoff flows from all new development and significant redevelopment projects
that fall under priority project categories. When used in the Carlsbad
Municipal Code, this refers to the SUSMP prepared by the City of Carlsbad.
HH. "Storm water requirements applicabilitvstandards questionnaire" means
11 the questionnaire form, as specified in the SUSMP, filled out and signed by
the responsible party submitting an application for a development permit, and
. 2 used by the city to determine if the development project is required to comply
with standard or priority project storm water requirements.
13
14 JJ. "Storm water management plan (SWMP)" means a storm water pollution
proventionmanagement plan prepared in accordance with the SUSMP
15 which describes best management practioesTCBMPs to be implemented
constructed on a development site during the post-construction phase of
16 a project. A storm water management plan also includes recommended
maintenance activities and schedules of maintenance for any structural
17 treatment controls included in the plan. A SWMP is sometimes referred to
as a post-construction SWPPP.
18
19 KK. "Storm water pollution prevention plan (SWPPP)" means a document which
describes the on-site program activities and structural treatment control
20 measures to eliminate or reduce to the maximum extent practicable, pollutant
discharges to the storm water conveyance system primarily through the
21 application and use of best management practices. A SWPPP is prepared in
accordance with the requirements of a NPDES general permit and/or city
22 standards. Tho city utilizes three types of SWPPP documents for storm
water pollution prevention during different phases of land development
23 and land use activities including the following:
1. Storm water management plan (SWMP);
24 2. Construction SWPPP; and
3. Business activity SWPPP.25
LL. "Structural tjreatment control best management practice (TCBMPV means
2" engineered facilities designed numerically sized for the treatment of storm
water runoff. Structural treatment controls typically use infiltration, filtration,
28
II
1 retention/detention, biofiltering and other techniques to remove pollutants
from storm water runoff."
2
3 Section 2:
4 That Title 15, Chapter 15.16, Sections 15.16.030(A)(3) - (A)(4) of the Carlsbad Municipal
5 Code are amended to read as follows:
6 "15.16.030 - City engineer authority.
7 A.3. Establish the format and content of grading plans, SWMPs. construction
SWPPPs, specifications and special provisions pursuant to the provisions of
8 this chapter;
^ A.4. Establish and promulgate city standards to govern grading and storm water
pollution prevention workstandards in accordance with good engineering
1 ° practice pursuant to the provisions of this chapter;"
11
12 Section 3:
13 That Title 15, Chapter 15.16, Sections 15.16.040(K) - (M) of the Carlsbad Municipal Code
are deleted, and Section 15.16.040 is amended by the addition of sections (K) - (N) as follows:
"15.16.040 -Definitions.
15
K. "Minor grading" means activities described by Section 15.16.062.
16 whereby the city engineer may modify certain provisions of Sections
15.16.067.15.16.070 and 15.16.080.
L._"Site" is any lot or parcel of land or contiguous combination thereof, under
lg the same ownership, where grading is proposed or performed.
tM. "Soils engineer" means a person holding a valid certificate of
19 registration as an engineer in the specialty of soils engineering issued by
the state of California under the provisions of the Business and
20 Professions Code.
MN. "Uncontrolled stockpile" means any fill placed on land for which no soil
21 testing was performed or no compaction reports or other soil reports were
22 prepared or submitted."
23
Section 4:
24
That Title 15, Chapter 15.16, Section 15.16.060 of the Carlsbad Municipal Code is
amended to read as follows:
26 "15.16.060 - Work exempt from grading permit.
27 AT A. A grading permit shall not be required for the following:
28
4^ — An excavation below finished grade for basements and footings of a
building, retaining wall or other structure authorized by a valid building
2 permit. This shall not exempt any fill made with the material from such
excavation nor exempt any excavation having an unsupported height
3 greater than five feet after tho completion of such structure.
. 21.. Cemetery graves.
32. Refuse disposal sites controlled by other regulations.
43. Excavations for wells or tunnels or utilities.
6 64. Exploratory excavations under the direction of soil engineers or
engineering geologists.
7 6. Grading on any site or contiguous sites hold under one ownership in
0 which the city engineer finds all of the following conditions exist:o
a. No cut or fill material exceeds throo and ono-half feet in vertical
9 depth at its deepest point measured from the existing ground
surface. The city engineer may waive this requirement for grading
10 work which is not intended to support a building structure;
,, b. No fill material is placed on an existing slopo steeper than five
units horizontal to one vertical;
12 c. The grading work doos not adversely affect the existing drainage
pattern;
d. The too of any fill slopo 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
15 cubic yards.
7-. — Grading in an isolated, solf-contained area if the city engineer finds
that no danger to private or public property can now or hereafter
result from grading operations.
& — Grading on a site which has boon previously graded to provide a
18 relatively flat pad area, suitable for dovelopmont, whore the city
engineer finds all of the following to exist:
19 a. The proposed grading work complies with all of tho environmental
2Q protection procedures described in Chapter 19.04 of this code;
b. The proposed grading will not adversely affect existing drainage
21 patterns or result in a condition which may cause damage to
adjacent property; and
22 c. The proposed grading work is performed concurrent with tho site
23 preparation work done in connection with a building permit issued
pursuant to Chapter 18.04 of this code and doos not require a
74 Hillside Dovolopment Permit (HDP) or a Coastal Dovolopment Permit
25 d. Best management practices (BMPs) for erosion control construction
activities have been incorporated into the construction documents
26 and site design.
27 95. Clearing and grubbing of vegetation done for the purpose of routine
landscape maintenance, the removal of dead or diseased trees or shrubs
28
13
1 or the removal of vegetation done upon order of the fire marshal to
eliminate a potential fire hazard or for the abatement of weeds.
2 4£6. Clearing and grubbing of vegetation done preparatory to agricultural
operations on land which has been used for agricultural purposes within
the previous five years.
11. Construction of pavement surfaces less than five thousand square foot
on natural or existing grade for tho purposes of a private road or
commercial, industrial or multi-residential parking lot or travelway.
B. Unless the city engineer determines that the work may adversely affect
7 existing drainage patterns, result in a condition which may cause
damage to adjacent property now or in the future, or may have a
8 detrimental effect on the public health, safety or welfare, a grading permit
shall not be reguired for the following:9 1. Grading on a site where the city engineer finds that the following
conditions exist:
a. The amount of soil material moved does not exceed two hundred
11 cubic yards:
b. No fill material is placed on an existing slope steeper than five
units horizontal to one vertical:
13 c. No cut or fill material exceeds four feet in vertical depth at its
deepest point, measured from the existing ground surface.
14 2. Grading in an isolated, self-contained area.
15
16
BC. All grading work, including any grading work exempted from the requirement
17 of a grading permit as determined pursuant to subsection (A) of this section,
shall be dono in compliancecomplv with city standards and Titles 15, 19, 20
18 and 21 of this code, and within the coastal zone, shall also be consistent with
all certified local coastal program provisions."
19
20 Section 5:
21 That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is amended to add Section
22 15.16.062 as follows:
23 "15.16.062 - Minor grading.
24 A. Work meeting the following criteria may qualify as minor grading, as
approved bv the city engineer:
1. The total earthwork volume (the larger of excavation or embankment.
„, plus remedial) is less than one thousand cubic yards:
2. The grading work is proposed in connection with a building permit
27 application.
28
1 B. For minor grading, the city engineer may modify the requirements of
Sections 15.16.067. 15.16.070 and 15.16.080. Subject to a case-bv-case
2 determination, permissible modifications may include:
1. Use of topography from city or other sources, or an assumed
3 elevation datum:
2. Preparation by a licensed architect or other qualified individual:
4 3. Inclusion of the minor grading plan as a sheet in the building plans:
4. Use of available, historical qeotechnical data, with appropriate
5 certifications bv a qeotechnical engineer.
6 C. The grading plan review fee for plans showing minor grading per this
Section shall be fifty percent of the grading plan review fee calculated per
7 the current fee schedule. A grading permit is required for minor
grading."
8
9 Section 6:
10 That Title 15, Chapter 15.16, Section 15.16.065(6) of the Carlsbad Municipal Code is
,, amended to read as follows:
"15.16.065 - Application for grading plan.
12
B. -Unless otherwise approved bv the city engineer, fieach application for a
13 grading plan review shall include a complete grading plan review application
form, grading plans, specifications, engineering calculations, a soils
14 investigation, a geotechnical report and other such documentation and
information as may be necessary to demonstrate that the grading work will be
15 carried out in substantial compliance with all city codes, city standards and the
requirements of the landscape manual. Each grading plan review application
16 shall be accompanied by a SWMP and construction SWPPP prepared in
accordance with tho requirements of this chapter and city standards."
17
1 g Section 7:
19 That Title 15, Chapter 15.16, Section 15.16.067 of the Carlsbad Municipal Code is
amended to add subsection (4) as follows:
"15.16.067 - Information on grading plans, specifications and engineering reports
21
4. SWMPs shall be prepared if the project is subject to priority development22 project requirements per the SUSMP. SWMPs shall demonstrate how the
project satisfies SUSMP requirements and shall recommend all reguired
TCBMPs. which shall be incorporated into the grading plans."
24
25 Section 8:
26
27
28 c
1 That Title 15, Chapter 15.16, Sections 15.16.070(B)(5) and (B)(6) of the Carlsbad
2 Municipal Code are deleted, and Section 15.16.070 is amended by the addition of section (B)(5)
as follows:
"15.16.070 - Application for grading permit.
EMfc—An agreement for uncontrolled stockpile, if roquirod, signed by the
property owner with appropriate signature notarization; and
B.65.-A grading permit application fee in an amount as established by the city
council by resolution. A separate plan review and/or inspection fee shall
apply to retaining walls, SWMP. construction SWPPP or major drainage
structures as provided for elsewhere in this code. There shall be no separate
8 charge for standard terraced drains and similar facilities. If during the grading
plan review the grading or other quantities, upon which the grading plan
• review fee is based, are changed, the applicant shall pay any supplemental
balance of fees required or receive a credit against tho payment of the
10 grading permit fee."
11
12
Section 9:
13
14 That Title 15, Chapter 15.16, Section 15.16.080(A) of the Carlsbad Municipal Code is amended to
15 read as follows:
15.16.080(A) - Grading permit submittal documents.
17
A._-Each application submittal for a grading permit shall be accompanied by city
18 approved grading plans, SWMP. city approved construction SWPPP and
other such documentation and information as may be necessary to
19 demonstrate that the grading work will be carried out in substantial compliance
with all city codes, city standards and the requirements of the landscape
20 manual."
21
22 Section 10:
23 That Titte 15, Chapter 15.16, Section 15.16.085(A) - (C) of the Carlsbad Municipal Code is
amended to read as follows:
"15.16.085 - Construction storm water pollution prevention plan (SWPPP).
A._-Each grading permit issued shall be accompanied by a construction SWPPP
26 prepared in accordance with city standards and approved by the city engineer.
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b
1 B. The city engineer may also require preparation of a construction SWPPP,
prepared in accordance with city standards, for any person conducting
2 development or other construction activity, including grading activities which
are exempt from a grading permit, in order to reduce the risk of contamination
3 of storm water and the discharge of non-storm water pollutants to the city's
storm water conveyance system.
4
C. Construction activities that have no potential to add pollutants to storm water or
5 non-storm water runoff may be exempt from the preparation of a construction
SWPPP, pursuant to the construction SWPPP exemption requirements of city
6 standards, the general construction permit and the municipal permit. Any
construction activity exempted from the preparation of a construction SWPPP
' must still comply with the storm water pollution prevention requirements of city
standards at all times during construction."8
9
Section 11:
10
That Title 15, Chapter 15.16, Sections 15.16.110(A)(4) - (6) of the Carlsbad Municipal
11
Code are deleted, and Section 15.16.110(A) is amended by the addition of sections (4) - (7) as
12 follows:
"15.16.110 - Grading permit issuance.
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A. Following submittal of a completed grading permit application and completion
15 of the following requirements, the city engineer shall issue a grading permit:
4. Approval of a SWMP prepared in accordance with the SUSMP;
5^_Approval of a construction SWPPP prepared in accordance with this
chapter and city standards;
56. Submittal of proof of valid Coastal Development Permit, Stream Alteration
18 Permit, Army Corps Permit, National Pollutant Discharge Elimination
System Permit or other permits, if any, required by other departments or
19 agencies with competent authority; and
57. Completion of all environmental documentation in accordance with Chapter
20 19.04 of this code."
21
22 Section 12:
23 That Title 15, Chapter 15.16, Section 15.16.120(A)(10) of the Carlsbad Municipal Code is
24 amended to add:
25 "15.16.120 - Grading permit limitations, requirements and procedures.
26 A.IO.d. TCBMP installation certification."
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1 Section 13:
2 That Title 15, Chapter 15.16, Section 15.16.140(B)(4) of the Carlsbad Municipal Code is
3 amended to read as follows:
4 "15.16.140 - Grading and erosion control agreement and securities.
B.4. A cost estimate prepared by a civil engineer which provides for the
construction of all earthwork, drainage facilities, retaining walls, TCBMPs.
storm water best management practicesconstruction BMPs including the
7 cost of maintenance during the period of time the permit is active,
geotechnical mitigation measures, landscaping, irrigation and any other items
0 needed to complete the grading work;"o
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Development Review Process Code AmendmentGlen K. Van PeskiJune28,2011June 28, 2011
DevelopmentReviewProcess(DRP)Development Review Process (DRP)•SummaryrecommendationsreportSummary recommendations report•4 major themes8di•48 recommendations•9 initiatives
DevelopmentReviewProcess(DRP)Development Review Process (DRP)•90%complete90% complete•All remaining actions:¾hdldfitiliJl¾scheduled for city council in July¾out for public review within 45 days
Initiative6:MinorGradingPlanInitiative 6: Minor Grading Plan•AllowsuseoftopographyfromothersourcesAllows use of topography from other sources•Allows preparation by architectdihb ildilhk•Processed with building plan check•Allows use of historical geotechnical data•Creates reduced plan check fee•MinorstormwaterterminologyupdatesMinor storm water terminology updates4
CurrentlyExemptCurrently Exempt1Excavationwithinabuildingfootprint1.Excavation within a building footprint2. Cemetery excavations3fdi li3.Refuse disposal sites4. Excavations for wells, tunnels, utilities5. Geotechnical exploratory excavations5
CurrentlyExemptCurrently Exempt6Gradingonasitewhen:6.Grading on a site when:a. 3.5 feet maximum cut or fillbNofillonslopesteeperthan5:1b.No fill on slope steeper than 5:1c. No adverse effects to drainagedSltlt1ftftlid.Slopes at least 1 foot away from property linese. Less than 100 c.y. moved6
CurrentlyExemptCurrently Exempt7Gradinginanisolatedself‐containedarea7.Grading in an isolated, selfcontained area8. Grading on a previously‐graded pad:Cliithitlda.Complies with environmental proceduresb. No adverse effect on drainage or adjacent lotsc. Done in connection with a building permitd. Incorporates proper erosion control BMPs7
CurrentlyExemptCurrently Exempt9Clearingandgrubbingforlandscapeorfire9.Clearing and grubbing for landscape or fire10. Clearing and grubbing for agricultureilh000f11. Paving less than 5,000 s.f.8
ProposedGradingCategoriesProposed Grading Categories•ExemptExempt•Exempt if no issues existidi•Minor grading•Eliminated/combined9
ProposedExemptProposed Exempt2Cemeteryexcavations2.Cemetery excavations3. Refuse disposal sitesiflllili i4. Excavations for wells, tunnels, utilities5. Geotechnical exploratory excavations9. Clearing and grubbing for landscape or fire10Clearingandgrubbingforagriculture10.Clearing and grubbing for agriculture10
ProposedExemptifnoIssuesProposed Exempt if no Issues6Gradingonasitewhen:6.Grading on a site when:a. No adverse effects to drainagebNopotentialdamagetoadjoiningpropertyb.No potential damage to adjoining propertyc. No detrimental effect on health, safety, welfaredLth200dd.Less than 200 c.y. movede. No fill on slope steeper than 5:1f40fifillf.4.0 feet maximum cut or fill11
ProposedExemptifnoIssuesProposed Exempt if no Issues7Gradinginanisolatedself‐containedarea:7.Grading in an isolated, selfcontained area:a. No adverse effects to drainagebNopotentialdamagetoadjoiningpropertyb.No potential damage to adjoining propertyc. No detrimental effect on health, safety, welfare12
ProposedMinorGradingProposed Minor Grading1Gradinginconnectionwithabuildingpermit1.Grading in connection with a building permita. Less than 1,000 c.y. moved13
ProposedEliminated/CombinedProposed Eliminated/Combined8Gradingonapreviously‐gradedpad:8.Grading on a previouslygraded pad:a. Complies with environmental proceduresbNoadverseeffectondrainageoradjacentlotsb.No adverse effect on drainage or adjacent lotsc. Done in connection with a building permitdItitlBMPd.Incorporates proper erosion control BMPs11. Paving less than 5,000 s.f.14
Questions?Questions?15