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HomeMy WebLinkAboutItem 8.2 Regulate Grading and Watercourse Maint (2) 0 0 tnoO-ta CITY OF DUBLIN AGENDA STATEMENT Meeting Date: July 12, 1982 SUBJECT: Grading and Watercourse Protection Ordinances EXHIBITS ATTACHED: Memorandum from City Attorney dated July 6, 1982; Grading Ordinance; Watercourse Protection Ordinance. RECOMMENDATION: Waive reading and introduce ordinance. FINANCIAL STATEMENT: None DESCRIPTION: When we adopted the County ordinances on February 1 , 1982, there were no County ordinances to regulate grading and watercourse maintenance. On March 16, 1982, the County adopted a grading ordinance and a watercourse protection ordinance. The grading ordinance controls grading, erosion and sediment. The watercourse protection ordinance provides proper maintenance and protection of watercourses. These ordinances are necessary for public health, safety and welfare. The attached ordinance; adopts the County grading and watercourse protection ordinances (Chapters 9 and 10). It does not conflict with our other ordinances. Copies To: ITEM NO. I 0 THE CITY OF DUBLIN P.O. Box 2340 Dublin,CA 94566 (415) 829-3543 MEMORANDUM July 6 , 1982 TO: COUNCIL MEMBERS AND CITY MANAGER FROM: CITY ATTORNEY RE : ORDINANCE ADOPTING NEWLY-ENACTED COUNTY OF ALAMEDA WATERCOURSE PROTECTION AND GRADING ORDINANCES. During the time that I was reviewing the Alameda County ordinances for adoption by the City, the County was preparing two new ordinances . which were not available for for review when we continued certain of the Alameda County ordinances in effect. Alameda County Ordinance No. 82-17 adds Chapter 9 to Title 7 of the County Ordinances and provides for the regulation of grading. The purpose of the ordinance is as follows : Purpose: This Chapter is enacted for the purpose of regulating grading on private property within the unincorporated area of Alameda County to safefuard life, limb, health, property and public welfare; to avoid pollution of watercourses with nutrients, sediments, or other earthen materials generated on or caused by surface runoff on or across the permit area; and to ensure that the intended use of a graded site is consistent with the Alameda County General Plan, any Specific Plans adopted thereto and applicable Alameda County Ordinances including the Zoning Ordinance. Chapter 9 provides for a permit procedure, permit fees, inspection, plan review and, in certain cases, soils reports . Permits are obtained from the Alameda County Director of Public Works, and the Chapter is administered by the Alameda County Flood Control and Water Conservation District. Alameda County Ordinance No. 82-18 adds Chapter 10 to Title 7 and provides for the protection of watercourses. It is a companion ordinance to the grading ordinance, and its purpose is as follows : 0 Council Members and City Managers Page Two July 6 , 1982 Purpose: This Chapter is enacted to safeguard and preserve watercourses, protect lives and property, prevent damage due to flooding, protect drainage facilities, control erosion and sedimentation, restrict discharge of polluted materials and enhance recreational and beneficial uses and watercourses. Chapter 19 provides for a permit anytime that there will be a development within certain setbacks from a watercourse. A watercourse is defined as almost any natural or man-made channel or structure capable of holding water. I have reviewed both ordinances and find that they would accomplish necessary protection from development excesses . Given the fact that Dublin will experience much development in the future, I recommend adoption of the attached Dublin Ordinance. +� ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN PROVIDING FOR THE ADOPTION OF CERTAIN COUNTY OF ALAMEDA ORDINANCES ADOPTED BY DUBLIN ORDINANCE NO. 1 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: Section 1. CERTAIN COUNTY ORDINANCES The following ordinances only of the County of Alameda are hereby adopted by the City of Dublin and shall be continued in effect for an indefinite period: Title 7 Chapters 9 and 10 PASSED AND ADOPTED by the City Council of the city of. Dublin on this day of , 1982 by the following votes : AYES : NOES: ABSENT: Mayor Attest: By City Clerk