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HomeMy WebLinkAboutOrd. No. 1982-636 ORDINANCE NO. 636 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ADDING CHAPTER 15.64 GRADING TO THE LAKE ELSINORE MUNICIPAL CODE ESTABLISHING CRITERIA FOR GRADING, EXCAVATION, EARTH WORK CONSTRUCTION, FILLS AND EMBANKMENTS THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION ONE. SHORT TITLE. This ordinance shall be known as the Grading Ordinance. SECTION TWO. PURPOSE. The City of Lake Elsinore finds and declares that it is necessary to promote the public health, safety and general welfare by accomplishing the purposes set forth in this ordinance. Where this ordinance is in conflict with other ordinances, the stricter shall apply. Specifically, this ordinance: (A) Provides for the preservation of the natural scenic character of the land, consistent with reasonable economic enjoyment of such property; (B) Provides, insofar as practical and in permitting reasonable development of land, protection against flooding, erosion, earth movement, and similar hazards; and (C) Prevents the creation of large man-made slopes which destroy the scenic and ecological values of land area. SECTION THREE, There is hereby added to the Lake Elsinore Municipal Codes Chapter 15.64 Grading and the following sections: 15.64.010 APPLICABILITY. These standards shall apply to all land within the City of Lake Elsinore and shall be in addition to the grading standards contained in Chapter 70 of the Uniform Building Code. 15.64.020 PERMIT APPLICATION. To obtain a permit, the applicant shall file an application upon forms furnished by the City, and pay the required fee therefor as established by resolution. Every application shall contain the following information: (A) The name, address and telephone number of the person to have effective control of the work; (B) The amount of material proposed to be excavated and the amount of fill in cubic yards; (C) The estimated dates for starting and completing the work to be done; and (D) A soils engineering investigation based upon the plans for the work proposed under the permit. Such reports shall include data regarding the nature, distribution, and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures. This requirement may be waived by the Director of Building and Safety when it appears from the condition of the property that such a report is not necessary. Such waiver by the Director shall be documented in the file as to the reasons therefore. 15.64.030 SCALE PLANS AND DRAWINGS. Unless waived by the Director of Building and Safety where proposed grading is minor in scope, the application shall be accompanied by scale plans or drawings, prepared and signed as appropriate by a registered civil engineer, architect, or landscape architect showing the following: (A) Property lines of the property on which the work is to be performed; (B) Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on any abutting property which is within twenty-five feet of the property on which the work is to be performed; (C) Elevations, dimensions, locations, extent and the slope of all work proposed to be done, shown by contour map, cross section or other means which shall include the contiguous adjacent sites in addition to the proposed grading site. Contours shall be shown at appropriate intervals unless two foot or five foot contour intervals are deemed acceptable by the Director of Building and Safety, one foot contour intervals are required; (D) Detailed plans of all walls, cribs, drains, dams, erosion control planting, or other protective devices to be constructed in connection with or as part of the proposed work, together with a map showing the drainage area and estimated cubic feet per second runoff of the area served by any drain; (E) Landscape, irrigation, and planting plans for slopes exceeding five feet in height; (F) When a composite plot plan is submitted for the site, existing contours and proposed grade elevations shall be indicated. Building locations shall be shown with dimensions indicated from property lines and from tops or toes of slopes. Driveways shall have elevations indicated at intervals of ten feet horizontally or less to verify compliance with driveway gradients; and (G) In special circumstances, the Director of Building and Safety may require further applicable plans or drawings. 15.64.040 DESIGN REVIEW BOARD. When the grading is to be done on a site which has a natural slope of ten percent (10~) or more on twenty-five percent (25~) or more of the site area, it shall be considered hillside grading and the application shall be referred to the Design Review Board for review. The Director of Building and Safety shall report to the Design Review Board on any aspect of the proposed grading, excavation or fill which relates to or effects the General Plan or zoning regulations of the City. The Design Review Board, upon completion of its investigation, shall approve, disapprove, or approve with mitigating measures to be incorporated into the grading plan. The Director of Building and Safety may refer any application to the Design Review Board which in his opinion may warrant consideration by the Design Review Board. 15.64.050 CRITERIA FOR EVALUATION. The Director of Building and Safety and/or the Design Review Board shall use, but is not limited to, the following criteria for evaluating an application for a grading permit: (A) The grading of a property shall not be excessive beyond that necessary for the use and drainage of the site; (B) The proposed grading is not to have an adverse environmental effect on surrounding property; and (C) The grading of a project shall consider the surrounding property and shall blend in with the surrounding topography in areas that have been developed. 15.64.060 GENERAL CRITERIA. (A) In hillside grading, no cut or fill slopes shall be created which exceed thirty feet vertical height, and any cut or fill slopes which exceed ten feet in height shall not exceed four hundred feet in horizontal length (except slopes required for public streets may exceed four hundred feet in length); except the Design Review Board may approve slopes exceeding these dimensions where slopes will be the result of earth contouring which the Design Review Board determines will result in a natural appearance and will create no geological or erosion hazard; (B) When two or more lots are graded and cut or fill slopes steeper than one vertical to eight horizontal units occur adjacent to the lot line, the top line of the slope shall be located at the lot line; (C) All cut or fill slopes in excess of three feet and which are located within the front yard set back area shall be contoured to present a natural undulating appearance. Intersecting front and side intersecting slopes shall have corners rounded with a minimum radius of ten feet; (D) Slopes exceeding five feet in height shall be provided with irrigation systems and sufficient permanent plants chosen from a list of plants suitable for hillside grading. Said slopes shall be provided with irrigation system and planted as soon as possible after grading and before the project receives final inspection and before any structures on the project are occupied. (E) Developments may be recontoured if the Design Review Board finds and determines that the strict conformance with these regulations would result in an adverse visual or environmental impact. 15.64.070 RETAINING WALLS. (A) One upslope retaining wall not exceeding six feet in height may be used; (B) One downslope retaining wall not to exceed three and one half feet in height may be used; (C) On lots sloping with the street, and other configurations not discussed above, one retaining wall not to exceed three feet may be used on each side of the lot; (D) Adjacent to driveways, retaining walls not exceeding three feet may be used; (E) Retaining walls exceeding two and one half feet will require a protective fence or guard rails of at least forty two inches. The combination of retaining wall and protective fence will be subject to the ordinance height limitations for the various yard locations; (F) Alternate retaining wall systems may be used if the Director of Building and Safety and/or the Design Review Board finds that the practical considerations of the site justify other retaining wall dimensions and locations; provided further, that the Design Review Board determines that such alternate retaining wall system shall not present an adverse visual or environmental impact. 15.64.080 DRIVEWAYS. (A) Driveways which exceed a centerline measurement of thirty feet in length measured from the location of face of curb, shall be provided ahead of each garage, a parking space shall extend a minimum of twenty feet out from the face of the garage and shall be at least the width of the garage opening with a minimum of ten feet, shall have longitudinal and transverse slope gradients not exceeding plus or minus five percent (5$); and shall be designed to prevent surface waters from draining into garage; (B) Driveways which do not exceed thirty (30) feet in length measured along the centerline shall have a maximum gradient of eight percent (8~) for that portion of the driveway located within twenty (20) feet of the garage entrance; (C) Maximum longitudinal driveway gradients shall be fifteen percent (15~); minimum crown or cross slope shall be one percent (1~); and maximum crown or cross slope shall be five percent (5~); (D) Vertical transitions shall prevent contact of any portion of the car with surface of driveway by use of the following criteria: Vertical transition shall be made with not less than four feet parabolical curve; when the driveway exceeds ten percent (10~), the vertical transition shall be an eight (8) foot parabolical curve. 15.64.090 PERMIT ISSUANCE, CONDITIONS OR DENIAL. (A) Whenever in the judgment of the Director of Building and Safety or the Design Review Board, the proposed work would not meet the foregoing requirements, the application shall be denied; (B) In granting any permit application under this Chapter, the Director of Building and Safety and the Design Review Board may attach such conditions thereto as may be reasonably necessary to prevent danger to public or private property or to prevent the operation from being conducted in a manner likely to create a nuisance. No person shall violate any conditions so imposed by the Director of Building and Safety and/or the Design Review Board. Such conditions may include, but shall not be limited to: 1. Limitations on the hours of operation in which the work may be performed; 2. Designation of routes upon which materials may be transported and means of access to the site; 3. The place and manner of disposal of excavated materials; 4. Requirements as to the mitigation of dust and dirt, the prevention of noises and other results offensive or injurious to the neighborhood, the general public or any portion thereof, including due consideration, care, and respect for the property rights, convenience and reasonable desires and the needs of said neighborhood or any portion thereof; 5. Designation of maximum or minimum slopes to be used; 6. Regulations as to the use of public streets and places in the course of the work; 7. A performance bond to cover landscaping or other conditions of the permit; 8. Mitigating measures required by the Design Review Board. 15.64.100 APPEAL PROCEDURE. The applicant or any interested party shall have ten days to appeal the decision of the Director of Building and Safety to the Design Review Board, and to appeal the decision of the Director of Building and Safety to the City Council. 15.64.110 DEPOSIT OF MATERIALS. (A) No person shall dump, move, or place any earth, sand, gravel, rock, stone or other excavated material or debris so as to cause the same to be deposited upon or to roll over the premises of another or upon or over any public place or way without the express written consent of the owner of such premises so affected, or without obtaining an encroachment from the City with respect to any public place or way; (B) No person shall, when hauling any earth, sand, gravel, rock, stone or other excavated material or debris over any public street, alley, or public place, allow such material to flow or spill over and upon such street, alley, or place, or adjacent to private property; (C) If, due to a violation of subsections (A) or (B) of this section, any earth, sand, gravel, rock, stone, or other excavated material or debris is caused to be deposited upon or to roll, flow or wash upon any public place or way, or adjacent to private property, the person responsible therefor shall cause the same to be removed from such public place or way, or adjacent private property within twenty four hours or immediately after notification by the City if a hazardous condition is present. In the event such material is not so removed, the Director of Building and Safety shall cause such removal and the cost of such removal shall be paid to the City by the person who failed to remove the material prior to final approval and/or occupancy permit. 15.64.120 COMPLIANCE WITH CONDITIONS AND CODES. Upon approval of the application by the Director of Building and Safety and the Design Review Board, the applicant must conform to all conditions imposed by the City of Lake Elsinore, its ordinances, and State law. SECTION FOUR. This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this 9th day of February , 1982, upon the following roll call vote: AYES: Councilmen Torn, Unsworth, MacMurray and Mayor Stewart NOES: None ABSTENTIONS: None ABSENT: One Vacant Seat PASSED, APPROVED AND ADOPTED UPON SECOND READING this 23rd day of Februarv 1982, upon the following roll call vote: AYES: Councilmen Torn, MacMurray, Unsworth and Mayor Stewart NOES: None ABSTENTIONS: None ABSENT: One Vacant Seat JE ST ART, N ATTEST: APPR ED AS TO FOR . /~ ~ELG A. REDS, C1.t JOH M. PORTER, City F