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HomeMy WebLinkAbout6.3 AmndGrdngOrdExpandDef CITY CLERK File # DIHJ~0-~[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 23, 1996 SUBJECT: Public Hearing: Amendment to the Grading Ordinance to Expand Definitions. Report Prepared by: Lee Thompson, Public Works Director EXHIBITS ATTACHED: Draft ordinance of definitions as they are to be amended # 1. Open public hearing 2. Receive Staff report and public comment 3. Question Staff and the public 4. Close public hearing and deliberate 5. Waive reading, adopt amended ordinance. RECOMMENDA TION: FINANCIAL STATEMENT: This amendment will require developers to obtain a permit for projects that have minimal grading but that still require Staff plan checking and inspection. The change will allow the City to recover costs that it has not been able to do it the past. DESCRIPTION: At the January 9, 1996, meeting, the City Council adopted a resolution modifying the grading fee schedule and introduced an ordinance amending the City's grading ordinance. No public comment was received regarding this issue. As it currently reads under Article II section 7.16.040 of the Dublin Municipal Code, except for specific exemptions, no persons shall do any grading within the City without a valid grading permit. Section 7.16.050 of the same Article, lists the various exemptions that relieve developers or potential permittees of acquiring a grading permit. In these cases, the developers may construct improvements without obtaining a permit or paying a fee for work that requires plan checking and inspection for compliance with City codes and standards. Examples of these loopholes can be found with the Valley Auto Center Project and the Petsmart Project. In both cases, the projects did not require a grading permit because the earthwork fell under Section 7.16.050 Exemption "I a." This exemption states that the project may be completed without a grading permit if less than one hundred fifty (150) cubic yards of grading is involved. Each of the projects was in compliance with the grading ordinance because each job required less than 150 cubic yards of earthwork. However, the scope of each project involved construction of facilities normally requiring plan checking and inspection (under the Grading Permit) but no permit or fees were required because of the exemption. ------------------------------------------------------------------- COPIES TO: g:\agenmisc\sitewrkb ITEM NO. -'tJ- In order to assure that private projects meet the standards and specifications the City has set forth, it is proposed that the Grading Ordinance be amended to eliminate the 150 cubic yard minimum for grading and expand the definitions of "Grading Plan" and "Grading Work." With no minimum yardage requirement for grading permits, the Public Works Director will be able to evaluate each job and collect fees based on an actual City costs. By broadening the definitions of "Grading Plan" and "Grading Work" to include the compliance of storm drains, curb, gutter, paving and parking stripe with the standards of the City, the City will be able to recover the costs of plan checking and inspection. Staff recommends that the City Council conduct a public hearing, deliberate, waive the reading and adopt the ordinance. Page 2 ORDINANCE NO. -96 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 7.16 OF THE DUBLIN MUNICIPAL CODE RELA TIVE TO GRADING REGULATIONS The City Council of the City of Dublin does ordain as follows: Section 1. Section 7.16.030 of the Dublin Municipal Code shall be amended to read as follows: "Grading Plan" means a plan prepared in accordance with this Chapter showing grading and related work such as, but not limited to, storm drains, existing and finished grades, curbs, gutters, sidewalks, paving and parking striping. "Grading Work" means grading and related work that includes, but is not limited to, storm drain facilities, construction of curbs and gutters, asphalt or Portland cement concrete paving, parking striping, drainage improvements, and erosion and sediment control. Section 2. Section 7.16.050 Subsection A. 1. a., b. and c. of the Dublin Municipal Code shall be amended to read as follows: "7.16.050 Exemptions. A. The following grading may be done without obtaining a permit: I. Minor projects which have cuts or fills, each of which is less than five feet in vertical depth at its deepest point measured rrom the existing ground surface, and which include all of the following: a. The removal, plowing under, or burial of less than ten thousand (10,000) square feet of vegetation on slopes ten percent or greater or any amount of vegetation on slopes less than ten percent, and b. Will not create unstable or erodible slopes;" Section 3. EFFECTIVE DATE AND POSTING OF ORDINANCE: This Ordinance shall take effect and be in force thirty (30) days rrom and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED, AND ADOPTED this 23rd day of January, 1996 AYES: NOES: ABSENT: Mayor ATTEST: City Clerk