HomeMy WebLinkAbout2009-11-24-CC Item No.11 CITY OF
LADE ? LSINO E
�_ DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: NOVEMBER 24, 2009
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AMENDING CHAPTER 15.72 OF THE LAKE
ELSINORE MUNICIPAL CODE REGARDING GRADING STANDARDS
Background
Grading operations within the City are regulated under the Uniform Building Code and
Chapter 15.72 — Grading Standards of the Lake Elsinore Municipal Code.
Under the City's current Municipal Code regulations — adopted in 1987 — the City's
"Chief Building Official" may designate haul routes, the place and manner of disposal of
excavated materials, dust and dirt mitigation, and regulation as to the use of public
streets. (LEMC Section 15.72.070.)
However, the City's residential growth coupled with recent excavation activities on
adjacent undeveloped lands has demonstrated the need for more specific regulations to
insure that grading operations do not adversely impact residents and commuters.
Last month, the City Council directed staff to prepare a focused ordinance addressing
concerns about traffic, safety, financial responsibility and public notification arising from
significant dirt hauling activities on the City's roadways.
Discussion
The ordinance is comprised of three major components. The first component
addresses mining operations and factors for determining whether grading is part of an
allowable construction project or a mining operation subject to additional regulation. The
second component addresses hauling in excess of 2,500 cubic yards. The third
component addresses major hauling operations in excess of 20,000 cubic yards.
CC November 24, 2009 Item No. 11
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Ordinance Amending Chapter 15.72
November 24, 2009
Page 2 of 4
1. Provision regarding Mining Operations
Grading activities undertaken as an integral and necessary part of a construction project
are not considered mining and are exempt from significant State regulation under the
Surface Mining and Reclamation Act of 1975 and similar City regulations under LEMC
Chapter 14.04. However, even property that is currently entitled for construction activity
may be subject to de facto mining operations. In order to assist the City Engineer in
determining whether there is a misuse of the City's grading regulations for mining
activities, the draft ordinance proposes several factors that will be considered in
granting or denying a grading permit application: Those factors are:
• whether the grading is an integral and necessary part of a construction
project;
• whether the grading site has received all necessary land use entitlement
for construction of a project;
• whether the export material is unsuitable for on -site use; and
• whether the grading site is owned or under contract with a party engaged
in construction development activities.
2. Provisions regarding hauling in excess of 2,500 cubic yards
The draft ordinance imposes a mandatory regiment to ensure that routine but significant
dirt hauling on City roadways are carried out in a safe and responsible manner that
minimizes the impacts to the public and the City. The ordinance mandates the following
requirements for dirt hauling in excess of 2,500 cubic yards:
• A permittee must submit a "haul route questionnaire." A copy of the form
is attached for the Council's consideration and is modeled after a form
suggested by Mayor Pro Tem Melendez and currently used by the City of
Los Angeles.
• The City Engineer must approve the haul route and any staging areas.
The haul route is to be part of the permit documentation and the City
Engineer is required to notify the traffic division of the Police Department
about the approved haul route.
• Access roads into and out of the grading site onto City roadways must
allow 300 feet clear sight onto the roadway or a flagman will be required.
The entrance of the access road to the City roadway must be posted with
a stop sign.
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Ordinance Amending Chapter 15.72
November 24, 2009
Page 3 of 4
• Additional signage may be required by the City Engineer on the haul route
consistent with Caltrans regulations related to highway work.
• Haul vehicles are subject to inspection at any time.
• Hauling is limited to the hours of 8:00 a.m. and 4 p.m., Monday through
Friday, holidays excluded. Hauling hours will be shortened to avoid
hauling when children are likely to be present if the haul route passes
along a school zone.
• Permittees are required to notify the City Engineer at least 24 hours before
hauling is to commence.
• Water or dust preventative spray material (or both) must be applied for
prevention of dust. The permittee is also responsible for obtaining all
clearances and permits from the South Coast Air Quality Management
District (SCAQMD).
• The permittee is responsible for the removal of spilled materials deposited
on a City roadway within 24 hours. If the permittee fails to remove such
spillage, the permittee is liable to the City for the full cost of such removal
work. The City Engineer may require a cash deposit to insure the clean -up
of public streets.
• The City Engineer may specify load limits to prevent damage to City
roadways. Permittees and haulers are financially responsible for any
damage to the public streets caused by the hauling vehicles.
• Grading bonds must guarantee payment to the City for all costs and
expense in repairing damaged roadways.
3. Additional provisions regarding hauling in excess of 20,000 cu. yds.
In addition to the requirements set forth above, a permittee moving more than twenty
thousand (20,000) cubic yards of earth material per project on City roadways will be
subject to the following requirements:
• City Council approval. The City Council may also impose additional
measures.
• Property owners within three hundred (300) feet of the access road(s) to
the grading site shall be notified in advance of the day, time and place of
the City Council's consideration.
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Ordinance Amending Chapter 15.72
November 24, 2009
Page 4 of 4
• The permittee must agree to a written indemnification agreement in favor
of the City and provide auto insurance of not less than $500,000.
• A refundable cash deposit of $5,000 for clean up or damage to City
roadways.
As a final matter, the ordinance also includes a technical amendment to Chapter 15.72
substituting out "Chief Building Official" and replacing that with "City Engineer." This
change reflects the fact that the City Engineer has historically issued and monitored
grading permits.
Fiscal Impact
There is no fiscal impact from this amendment. Permit fees will offset the cost of
implementing this ordinance.
Recommendation
Waive further reading and introduce by title only an ordinance amending Chapter 15.72
to the Lake Elsinore Municipal Code regarding grading.
Prepared by: Ken Seumalo
Director of Public Works/ City Engineer
Barbara Zeid Leibold
City Attorney
Approved by: Robert A. Brady}'
City Manager II''
Attachment: Ordinance
Questionnaire
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DEPARTMENT OF BUILDING AND SAFETY
ATTACHMENT I
HAUL ROUTE QUESTIONNAIRE
JOB ADDRESS:
LEGAL DESCRIPTION Tract: Block: Lot(s):
❑ IMPORT: cubic yards; ❑ EXPORT: cubic yards
From: To:
(Address) (Address)
LOADED TRUCK ROUTE:
EMPTY TRUCK ROUTE:
LOCATION OF STAGING AREA: _; Max # of trucks staged:
(i.e. street name, an site, etc.)
Type of Truck: ❑ Bottom Dump; ❑ I8- Wheeler; ❑ 5-Axle; ❑ Truck and Trailer; 0 10- Wheeler Dump
Total # of trips per day: ; Truck capacity: cubic yards; Total amount of
m, cubic yards per day (n) x at) t.,
Total number of ; Total Export/ cubic yards; Max Gross
hauling days: '�' Import r�s x rJ Truck Wt.;
Proposed Hauling Days: M T W Th F Sat Sun Hours: From a.m., To p.m.
(check) ❑ ❑ ❑ ❑ ❑ ❑ ❑
Owner's Name: Telephone: (alt):
Address:
Street
ein` Zip Cade
Applicant's Name: Telephone: (alt):
Address:
Street City Zip Cade
Hauling Contractor's Name: Telephone:
-
Address:
Street City Zip Cade
Applicant's Signature Print Name Date
PC /GRAD /App.22 (rev. 11/2006) www,ladbs.org
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Page 1 of 6
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AMENDING CHAPTER 15.72 OF THE LAKE
ELSINORE MUNICIPAL CODE REGARDING GRADING STANDARDS
BY ADDING SECTION 15.72.065 AND AMENDING SECTIONS
15.72.020, 15.72.030, 15.72.050 SUBPART F AND 15.72.070
SUBPARTS A AND B
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That Chapter 15.72, Section 15.72.030 of the Lake Elsinore
Municipal Code is hereby amended to add the following:
D. The proposed grading does not constitute a surface mining operation
pursuant to Chapter 14.04. In determining whether the proposed grading constitutes a
surface mining operation, the City Engineer shall consider the provisions of Section
14.04.050 subpart B and such other factors as deemed appropriate which shall include
without limitation the following: (i) whether the grading is an integral and necessary part
of a construction project; (ii) whether the grading site has received all necessary land
use entitlements for construction of a project in accordance with applicable State and
local laws, including but not limited to the California Environmental Quality Act ( "CEQA ":
Public Resources Code Section 21000 et seq.); (iii) whether the City's approval of the
construction project included consideration of the on -site excavation and on -site
earthmoving activities pursuant to CEQA; (iv) whether the construction project is
consistent with the General Plan and zoning for the site; (v) whether the export material
is unsuitable for on -site use; and (vi) whether the grading site is owned or under
contract with a party engaged in construction development activities.
SECTION 2. That Chapter 15.72 of the Lake Elsinore Municipal Code is hereby
amended to add the following:
15.72.065 Hauling of Earth Materials.
A. Any person, firm, association or corporation (hereinafter "permittee ")
moving or causing to be moved more than two thousand five hundred (2,500) cubic
yards of earth material per project from or to the site of a grading operation on any
public roadway within the City of Lake Elsinore shall be subject to the following
requirements:
1. Haul Route. The permittee shall file a completed "haul route
questionnaire" in the form approved by the City Engineer. The City Engineer shall
approve any proposed staging area and the route to be used in transportation of the
earth materials on public roadways. Deviation from the designated staging area and
haul route shall constitute a violation of the condition of the permit issued under this
chapter. When the City Engineer approves a route, he or she shall do so in writing on
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Ordinance No.
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the permit document, and shall immediately notify the traffic division of the Lake
Elsinore Police Department that such haul route has been specified and approved.
2. Access Roads. Access road to the grading site shall be only at
points designated on the approved grading plans. At a minimum, the first fifty (50) feet
of access road adjacent to the intersection with the public roadway shall have a grade
not to exceed five percent. There must be a three hundred (300) foot clear,
unobstructed sight distance to the intersection from both the public roadway and the
access road. If the five percent grade or three hundred (300) foot sight distance
requirements cannot be obtained due to site constraints, then flagman shall be posted
at the access road and shall remain for the entire duration of earthmoving /material
export/transportation operations. A stop sign conforming to the requirements of the
California Vehicle Code shall be posted at the exit of the access road to the public
roadway. •
3. Signs. Advanced warning signs along with traffic control and safety
devices shall be reviewed and approved by the City Engineer and shall be posted by
the permittee on the public roadway in the vicinity of the access intersection consistent
with the current State of California Department of Transportation "Manual of Traffic
Control — Warning Signs, Lights and Devices for use in Performance of Work Upon
Highways." The size, shape, color, number, spacing, and other details of all such signs
and devices shall conform to the standards contained therein and in the current State of
California Department of Transportation "Traffic Manual." The advanced warning signs
and other devices shall be covered or removed when the access intersection is not in
use.
4. Inspection. Every driver of a vehicle, combination of vehicles,
mobile equipment or Toad subject to this chapter shall stop and submit to an inspection
of the size, weight, equipment and safety of such vehicle, combination of vehicles,
mobile equipment or load at any location where any officer of the Lake Elsinore Police
Department is conducting test and inspections of such vehicles, combination of
vehicles, mobile equipment or loads and when signs are displayed requiring the stop.
5. Time of Hauling Operations. Except as provided hereinbelow,
hauling on City roadways shall only be permitted between the hours of 8:00 a.m. and
4:00 p.m. Monday through Friday, excluding holidays. No hauling vehicles may be
parked on City roadways adjacent to the job site with motors running prior to 8:00 a.m.
The City Engineer shall, however, shorten the permitted hours of operations such that
the permitted hours shall not include those times when children are likely to be present
at the beginning and end of the school day if the haul route passes a school zone or for
such other previously unforeseen effect on the health, safety, or welfare of the
surrounding community. The City Council may extend the hours of hauling operations
upon application by the permittee and upon a finding by the City Council that such
hauling operations are not detrimental to the health, safety, or welfare of residents or
the general public.
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Ordinance No.
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6. Notification. The permittee shall notify the City Engineer in writing
at least twenty -four (24) hours before hauling is to commence.
7. Dust Control. Either water or dust preventative spray material (or
both) shall be consistently applied for prevention of dust resulting from the loading or
transportation of earth materials to or from the project site on City roadways. The
permittee shall be responsible for maintaining City roadways used for transporting
materials, in a condition free of dust, earth, or debris. The permittee will be responsible
for obtaining all clearances and permits, if any, directly from the South Coast Air Quality
Management District (SCAQMD).
8. Debris on City Roadways. California Vehicle Code Section
23112(b) forbids the placing, dumping or depositing of dirt and rocks on public streets or
any portion of the public right -of -way. All vehicles engaged in hauling earth materials
under the provisions of this chapter, shall refrain from depositing dirt or debris on City
roadways by any means, including but not limited to, spillage from the bed of a truck or
other vehicle and debris collected on the wheels of the haul vehicle. The permittee
conducting any earth - moving operation under this chapter shall be responsible for the
complete removal of such materials if spilled, dumped or deposited on a City roadway
within twenty -four (24) hours of noted spill, dumping or deposition. If the permittee fails
to remove such spillage, dumping or deposited material within the noted time frame,
and it is necessary for the City to complete the removal, the permittee shall be liable to
pay the City the full cost of such removal work. The City Engineer may require a cash
deposit up to $5000 to insure the clean -up of public streets.
9. Load Limits. The City Engineer may further specify load limits
where, in his or her opinion, the standard load capacity of vehicles used in such hauling
would cause damage to streets on the designated route.
10. Financial Responsibility for Damage to Streets. Any grading or
hauling contractor or project site owner /permittee, moving earth materials on City
roadways shall be financially responsible for any damage to the public streets caused
by the hauling vehicles, and shall pay to the City of Lake Elsinore the cost, as
determined by the City Engineer, of repairing such damage, or shall repair the damage
in question to the satisfaction of the City Engineer.
11. Bonds for Grading to Include Street Repairs. Any bonding required
pursuant to this chapter shall be in an amount sufficient to cover the cost of repair of
any damage to the City roadways and any public facilities therein and the cost of
removal of any earth materials or other debris deposited therein, reasonably expected
to result from permittee's operations. The conditions of the bond shall guarantee
payment to the City for all costs and expense in repairing the damaged streets or other
public facilities and the removal of any deposits of earth materials or other debris
resulting from the permitted operations. In lieu of a bond, the permittee may deposit
cash with the City upon the same terms and conditions and in an amount equal to that
which would be required in the bond.
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Ordinance No.
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12. Other Conditions. Any permit subject to the provisions of Section
15.72.065 of Chapter 15.72 of the Lake Elsinore Municipal Code may specify other
necessary conditions or restrictions, where the use of City roadways would disrupt the
normal traffic activities or cause a public inconvenience.
B. Hauling in excess of 20,000 Cubic Yard. In addition to the requirements
set forth in subsection A above, a permittee moving or causing to be moved more than
twenty thousand (20,000) cubic yards of earth material per project on any public
roadway shall be subject to the following requirements:
1. City Council Approval. Hauling in excess of twenty thousand
(20,000) cubic yards requiring the use of City roadways shall be approved by the City
Council at a public meeting of the City Council. The City Council may impose additional
conditions or restrictions or may waive provisions of this chapter so long as such
modifications are in the interests of the City and are not detrimental to the health, safety,
or welfare of residents or the general public.
2. Notification of City Council Meeting to Adjacent Property Owners.
Property owners within three hundred (300) feet of the access road(s) to the grading
site shall be notified in 10 days in advance of the day, time and place of the City Council
as provided in Subpart (B)(1).
3. Indemnification. A written agreement, approved as to form by the
City Attorney, shall be filed by the permittee providing that the City of Lake Elsinore and
all officers, employees, agents and representatives thereof shall be indemnified and
held harmless by the permittee from any liability or responsibility for any accident, loss
or damage to persons or property happening or occurring as the proximate result of the
use of streets /highways under the terms of the application and the permit granted in
response thereto, and that all of said liabilities are hereby assumed by the permittee.
4. Certificate of Insurance. A valid policy of bodily injury and property
damage insurance for vehicles operating on City roadways. The minimum policy limit is
$500,000 combined single limit coverage and shall name the City of Lake Elsinore as
an additional insured.
5. Cash Deposit. Five Thousand Dollar ($5,000) clean -up /damage
cash deposit refundable upon the completion of hauling activities and inspection by the
City.
SECTION 3. That Chapter 15.72, Section 15.72.070, subpart B of the Lake
Elsinore Municipal Code is hereby amended to add the following:
9. Such conditions as may be imposed pursuant to Section 15.72.065.
SECTION 4. That Chapter 15.72, Sections 15.72.020, 15.72.030, 15.72.050,
subpart F, 15.72.070, subparts A and B of the Lake Elsinore Municipal Code are hereby
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Ordinance No.
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amended to delete the phase "Chief Building Official" and replace such phase with the
following: City Engineer.
SECTION 5. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereof to any person or circumstance shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance and are hereby declared
to be severable.
SECTION 6. This Ordinance shall take effect thirty (30) days after the date of its
final passage or such later date as may be designated by the City Council. The City
Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be
published and posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, on this day of 2009.
MAYOR
CITY OF LAKE ELSINORE
ATTEST:
DEBORA THOMSEN
CITY CLERK
APPROVED AS TO FORM:
BARBARA LEIBOLD
CITY ATTORNEY
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Ordinance No.
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE SS
CITY OF LAKE ELSINORE
I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby
certify that the foregoing Ordinance No. was introduced at a regular meeting
of the City Council of the City of Lake Elsinore on the day of 2009, and was
finally passed at a regular meeting of the City Council of the City of Lake Elsinore held
on the _ day of 2009 by the following roll -call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DEBORA THOMSEN, CMC
CITY CLERK
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