HomeMy WebLinkAboutOrd. No. 2010-1271Page 1 of 6
ORDINANCE NO. 1271
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
Ordinance No. 1271
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 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
hauling operations are not detrimental to the health, safety, or welfare of residents or
the general public.
Ordinance No. 1271
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 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.
Ordinance No. 1271
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 5,000 Cubic Yards. 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 a minimum of three hundred (300) feet of the access road(s) to
the grading site and as additionally deemed appropriate by the City Engineer shall be
notified at least 10 days in advance of the day, time and place of the City Council
meeting 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.
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.
Ordinance No. 1271
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 12th day of January, 2010.
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MELISSA A. MELENDEZ, MA R
CITY OF LAKE ELSINORE
ATTEST:
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DEBORA THOMSEN, CMC
CITY CLERK
APPROVED AS TO FORM:
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Ordinance No. 1271
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. 1271 was introduced at a regular meeting of the
City Council of the City of Lake Elsinore on the 22" 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 12th day of January 2010 by the following roll call vote:
AYES: Bhutta, Buckley, Hickman, Magee, Melendez.
NOES: None.
ABSENT: None.
ABSTAIN: None.
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DEBORA THOMSEN, CMC
CITY CLERK