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HomeMy WebLinkAboutOrd. No. 1987-ORDINANCE NO. 801 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE GRADING STANDARDS, REPEALING IN ITS ENTIRETY CHAPTER 15.72 OF, AND ADDING CHAPTER 15.72 T0, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO GRADING STANDARDS THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. CHAPTER 15.72 of the "Lake Elsinore Municipal Code" is repealed. SECTION 2. Chapter 15.72 is added to the "Lake Elsinore Municipal Code" to read as follows: CHAPTER 15.72 GRADING STANDARDS 15.72.010 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. 15.72.20 MINOR DESIGN REVIEW. When the grading is to be done on a site which has a natural slope of ten percent (10%) or more on twenty-five (25%) or more of the site area, it shall be considered hillside grading and the application shall be referred to Minor Design Review. The Chief Building Official shall report to Design Review on any aspect of the proposed grading, excavation of fill which relates to or effects the General Plan or zoning regulations of the City. Minor Design Review upon completion of an investigation, shall approve, disapprove, or approve with mitigating measures to be incorporated into the grading plan. The Chief Building Official may refer any application to Minor Design Review which in his opinion may warrant consideration by Minor Design Review. 15.72.030 CRITERIA FOR EVALUATION. The Chief .Building Official and/or Design Review 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. 15.72.040 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 Design Review may approve slopes exceeding these dimensions where slopes will be the result of earth contouring which Design Review determines will result in a natural appearance and will create no geological or erosion hazard; (B) 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; (C) Slopes exceeding three 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. (D) Developments may be recontoured if Design Review finds and determines that the strict conformance with these regulations would result in an adverse visual or environmental impact. 15.72.050 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 on each side of the lot; (E) Retaining walls exceeding two and one half feet will require a protective fence or guard rails of at least thirty-six inches. The combination of retaining wall. and protective fence will be subject to the ordinance height limitation of the various yard locations; (F) Alternate retaining wall systems may be used if the Chief Building Official and/or Design Review finds that the practical considerations of the site justify other retaining wall dimensions an locations; provided further, that Design Review determines that such alternate retaining wall system shall not present an adverse visual or environmental impact. 15.72.060 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 for 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 (l0%), the vertical transition shall be an eight (8) foot parabolical curve. 15.72.050 PERMIT ISSUANCE, CONDITIONS OR DENIAL. (A) Whenever in the judgment of the Chief Building Official or Design Review, the proposed work would not meet the foregoing requirements, the application shall be denied; (B) In granting any permit application under this Chapter, the Chief Building Official and Design Review 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 Chief Building Official and/or Design Review. 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 Design Review. SECTION 3. VIOLATION - PENALTY. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under .the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred dollars ($500.00), or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day; during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued or permitted by any such person, and he shall be punished accordingly. SECTION 4. All changes and modifications in the Grading Standards as amended by this ordinance, are reasonably necessary because of local conditions. This finding is made pursuant to Section 17958.5 of the Health and Safety Code of the State of California. SECTION 5. This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this 12th day of 19~, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: ABSENT: COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of May , 19 87 , upon the following roll call vote: AYES: NOES: ABSENT: .ABSTENTIONS: COUNCILMEMBERS: DDMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE CDUNCILMEMBERS: NONE COUNCILMEMBERS COUNCILMEMBERS ATTEST: U ` ~,~ ~ . r~~C Vicki I,. Kasad , City Clerk NONE NONE Le S ri te, Mayor APPROVED AS TO FORM: W,r~ John R. Harp r City Attorne (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 12, 1987, and had its second reading on May 26, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 2( VICKI LYNNE SAD, ITc~K CITY OF LAKE LSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 801, of said Council, and that the same has not been amended or repealed. DATED: May 27, 1987 VICKI LYNNE SAD, CITY CLERK CITY OF LAKE LSINORE (SEAL)