HomeMy WebLinkAbout2011-07-12; City Council; 20626; Ordinance related to grading and drainageCITY OF CARLSBAD - AGENDA BILL , 1 2
AB# 20,626
MTG. 7/12/11
DEPT. CLERK
AMENDMENT TO CARLSBAD MUNICIPAL
CODE REGARDING GRADING AND DRAINAGE
MCA 10-02
DEPT. DIR. 'VS
CITY ATTY. ^
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. CS-151. amending various sections of the Carlsbad Municipal Code
regarding grading and drainage, to implement the recommendations of the Development
Preview Process (DRP) Working Group, as contained in the report dated November 17, 2009,
as follows:
Title 15, Chapter 15.04, by the amendment of Sections 15.04.020 (FF), (HH), (JJ), and (KK-LL);
and
Title 15, Chapter 15.16, by the amendment of Sections 15.16.030(A)(3-4), deletion of
Subsections 15.16.040(K-M), addition of Subsections 15.16.040 (K-N), and amendment of
Section 15.16.060; and
Title 15, Chapter 15.16, by the addition of Section 15.16.062, amendment of Subsection
15.16.065 (B), and addition of Subsection 15.16.067 (4); and
Title 15, Chapter 15.16, by the deletion of Subsections 15.16.070 (B) (5-6), and addition of
Subsection 15.16.070 (B)(5); and
Title 15, Chapter 15.16, by the amendment of Subsections 15.16.080(A) and 15.16.085 (A-C),
deletion of Subsections 15.16.110(A) (4-6), addition of Subsections 15.16.110(A) (4-7) and
15.16.120(A)(10)(d); and amendment of Subsection 15.16.140(B)(4).
ITEM EXPLANATION:
Ordinance No. CS-151 was introduced and first read at the City Council meeting held on June
28, 2011. The second reading allows the City Council to adopt the ordinance which will
become effective thirty days after adoption. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT:
See AB #20,606 on file in the Office of the City Clerk.
DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.gov
FOR CITY CLERKS USE ONLY. *
COUNCIL ACTION: APPROVED M CONTINUED TO DATE SPECIFIC D
DENIED n CONTINUED TO DATE UNKNOWN D
CONTINUED D RETURNED TO STAFF D
WITHDRAWN D OTHER - SEE MINUTES D
AMENDED D
Agenda Bill Page 2
July 12, 2011
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this
action does not constitute a "project" within the meaning of CEQA in that it has no potential
to cause either a direct physical change in the environment, or a reasonably foreseeable
indirect physical change in the environment, and therefore does not require an
environmental review.
EXHIBITS:
1. Ordinance No. CS-151.
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,
13 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
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
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 „
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
*7 city engineer may modify certain provisions of Sections 15.16.067, 15.16.070
18 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.
•5
2. Refuse disposal sites controlled by other regulations.
4 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
, 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:
, ^ 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
^4 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
23 amended by the addition of subsection (4) as follows:
"15.16.067 - Information on grading plans, specifications and engineering reports
25 4. SWMPs shall be prepared if the project is subject to priority development
project requirements per the SUSMP. SWMPs shall demonstrate how the
2£ 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
3
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
read as follows:
15
1, ' 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
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
construction."
7
g Section 11:
9 That Title 15, Chapter 15.16, Sections 15.16.110(A)(4) - (6) of the Carlsbad Municipal
10 Code are deleted, and Section 15.16.110(A) is amended by the addition of subsections (4) - (7)
as follows:
"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
20 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
26
27
28
A.IO.d. TCBMP installation certification."
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
6 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
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 12th day of July, 2011, by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL City Attorney
'tl
MATH HALL] Mayor
ATTEST:
.OR#KlN£-lv1. WOOD, City
' (SEAL)
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