HomeMy WebLinkAboutItem 6.3 AmndGrdngOrdExpandDef (2)
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.
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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