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HomeMy WebLinkAbout2009-12-22 Item 11 CITY OF LAKE r� LSI DREAM EXTREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: DECEMBER 22, 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 An amendment to the City's Grading Standards was approved for first reading at a regular City Council meeting on November 24, 2009. Following the first reading, the Council considered additional changes at the December 8, 2009 meeting. In light of those additional revisions, a revised ordinance was reintroduced for first reading. The draft ordinance, containing the changes approved at the December 8, 2009 meeting, is now being presented for second reading. Discussion At the December 8, 2009 meeting, the City Council approved for first reading the draft ordinance, which included the addition of the following language to Section 15.72.065: 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. D. Exemption. Mining and reclamation activities which are subject to an approved or vested mining permit or an approved reclamation plan are not subject to the provisions of this Chapter 15.72. This language has been included in the attached draft ordinance for second reading. CC December 22, 2009 Item No. 11 Page 1 of 8 Proposed Ordinance Re: City Grading Standards December 22, 2009 Page 2 of 2 Fiscal Impact None. Recommendation 1. 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. Prepared by: Ken Seumalo Director of Public Works/ City Engineer Barbara Leibold City Attorney Approved by: Robert A. Brady ►t r City Manager � Attachment: Ordinance CC December 22, 2009 Item No. 11 Page 2 of 8 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 CC December 22, 2009 Item No. 11 Page 3 of 8 Ordinance No. Page 2 of 6 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. CC December 22, 2009 Item No. 11 Page 4 of 8 Ordinance No. Page 3 of 6 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 Toad 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. CC December 22, 2009 Item No. 11 Page 5 of 8 Ordinance No. Page 4 of 6 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 Yards. 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, Toss 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. 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. CC December 22, 2009 Item No. 11 Page 6 of 8 Ordinance No. Page 5 of 6 D. Exemption. Mining and reclamation activities which are subject to an approved or vested mining permit or an approved reclamation plan are not subject to the provisions of this Chapter 15.72. 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 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 22nd day of December, 2009. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTEST: DEBORA THOMSEN CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY CC December 22, 2009 Item No. 11 Page 7 of 8 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 8th day of December 2009, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 22nd day of December 2009 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN CITY CLERK CC December 22, 2009 Item No. 11 Page 8 of 8