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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. 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 27 28 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. 14 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." 27 28 n 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 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 |8 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