Loading...
HomeMy WebLinkAbout2009-12-08 Item 8 CITY LAKE o LSINO E L �- DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: DECEMBER 08, 2009 SUBJECT: SECOND READING — 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 Background A proposed amendment to the City's Grading Standards was approved for first reading at a regular City Council meeting on November 24, 2009 and is now being presented for second reading. At the November 24, 2009 meeting, the City Council approved revisions to the draft ordinance. Those changes include the following: • Explicit power to revoke permit if a hauler deviates from the designated haul route or staging area. • All forms of security (including bonds, letters of credit, and cash deposits) shall include a guaranty of payment to the City for all costs and expense of repairing the damaged streets, public facilities and the removal of any debris. • Requirements regarding City Council approval, public notice, indemnification and cash deposit are triggered at 5,000 cubic yards. These revisions have been incorporated into the attached ordinance presented to the City Council for second reading. CC December 08, 2009 Item No. 8 Page 1 of 9 Proposed Ordinance Re: City Grading Standards December 8, 2009 Page 2of3 Discussion Following the first reading on November 24, 2009, additional concerns were raised regarding on -site processing of earth materials specifically for export and commercial sale. In connection those concerns, City staff has prepared additional language for consideration by the City Council as part of the revisions to the City's Grading Standards. Section 15.72.065 could be further revised to add the following additional subpart C: C. Export of Processed Material. All export material shall be discharged into a legal disposal site. No permittee shall process, including but not limited to, crush, sift, or segregate excavated earth materials onsite for export and commercial sale without first obtaining a permit pursuant to Chapter 14.04 regarding Surface Mining and Reclamation. The City Council may direct that the foregoing provision be incorporated into the draft Ordinance at this time. If this or any other substantive modification is recommended, the City Council must consider the revised draft Ordinance as a first reading. Approval of the Ordinance (i.e., second reading) would be calendared for December 22, 2009. Alternatively, the City Council may approve the attached draft Ordinance in the form approved for first reading on November 24 The City Council may also direct City staff on whether to bring back any follow -up amendments to the City's Grading Standards regarding the export of processed materials for commercial sale and /or any other changes. Fiscal Impact None. Recommendation 1. Waive further reading and introduce by title only an ordinance amending Chapter 15.72 to the Lake Elsinore Municipal Code including such revisions as directed by the City Council at this December 8, 2009 meeting; Or, alternatively CC December 08, 2009 Item No. 8 Page 2 of 9 Proposed Ordinance Re: City Grading Standards December 8, 2009 Page 3 of 3 2. Waive further reading and adopt the attached Ordinance by title only: 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; And 3. Direct staff as to whether or not further amendments to the City's Grading Standards, including the provision regarding the processing of materials for export and commercial sale, should be brought back to the City Council at a future meeting. Prepared by: Ken Seumalo t Director of Public Works/ City Engineer Barbara Zeid Leibold City Attorney Approved by: Robert A. Brady t City Manager f Attachment: Ordinance CC December 08, 2009 Item No. 8 Page 3 of 9 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 CC December 08, 2009 Item No. 8 Page 4 of 9 Ordinance No. Page 2 of 6 chapter and would result in penalties up to and including revocation of the permit. When the City Engineer approves a route, he or she shall do so in writing on 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 load 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 CC December 08, 2009 Item No. 8 Page 5 of 9 Ordinance No. Page 3 of 6 hauling operations are not detrimental to the health, safety, or welfare of residents or the general public. 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 Toad 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. Security in the form of Cash, Letter of Credit or Bonds for Grading to Include Street Repairs. Any security 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 security 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 CC December 08, 2009 Item No. 8 Page 6 of 9 Ordinance No. Page 4 of 6 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. 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 5,000 Cubic Yard. In addition to the requirements set forth in Subsection A above, a permittee moving or causing to be moved more than five thousand (5,000) 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 five thousand (5,000) 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. CC December 08, 2009 Item No. 8 Page 7 of 9 Ordinance No. Page 5 of 6 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 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 MAGEE CITY OF LAKE ELSINORE ATTEST: DEBORA THOMSEN, CMC CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY CC December 08, 2009 Item No. 8 Page 8 of 9 Ordinance No. Page 6 of 6 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 CC December 08, 2009 Item No. 8 Page 9 of 9