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O' STANCE NO. 571 (1972 Sc s)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
PP.OHIBI T ING THE ISSUANCE OF GF.ADING PERMITS
PRIOR TO CITY APPROVAL OF SITE DEVELOPMENT
PLANS, AND REPEALING EXI NICIPAL. CODE SECTION
8120 (n), STOCKPILING.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:__
SECTION 1. The San Luis Obispo municipal Code is hereby amended by adding
to Article VIII, Chapter 1, Part H, Section 8120 (Amendments, Uniform Building
Code, Volume 1) thereof a new subsection, 8120 (o), which amends Section 7003 of
the Building Code as follows:
"8120 (6). Section 7003. Permits Required.
No person shall do any grading without first having obtained a
grading permit from the Building Official except for the following:
1. An excavation below finished grade for basements and footings
of a building, retaining wall or other structure authorized by a valid
building permit. This shall not exempt any fill made with the material
from such excavation nor exempt any excavation having an unsupported
height greater than 5 feet after the completion of such structure.
2. Cemetery graves.
3. Refuse disposal sites controlled by other regulations,
4. Excavations for wells or tunnels or utilities.
5. Exploratory excavations under the direction of soil engineers or
engineering geologists.
6. An excavation which (a) is less than 2 feet in depth, or (b) which
does not create a cut slope greater than 5 feet in height and steeper than
one-half horizontal to one vertical.
7. A fill less than 1 foot in depth, and placed on natural terrain
with a slope flatter than five horizontal to one vertical, or less than
3 feet in depth, not intended to support structures, which does not
exceed 50 cubic yards on any one lot and does not obstruct a drainage
course."
SECTION 2. The San Luis Obispo NTunicipal Code is hereby amended by adding
to Article VIII, Chapter 1, Part II, Section 8120 (Amendments, Uniform Building Code,
Volume 1) thereof a new .subsection, 8120 (p), which amends the Building Code by adding
Subsection 7006 (h) thereto as follows:
"8120 (p) . Section 7006 (h) . Grading Prohibited Prior to Approval of
Devel22ment Plans.
No permit shall be issued for the grading of earth material upon any
site, or portion thereof, prior to final approval by the City of the
development of said site, or portion thereof, as evidenced by a
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Ordinance loo. 571 (1( Aeries)
Page 2 �
final subdivision ra-iap, a precise plan for a planned development, or
a valid permit authorizing the erection or removal of structures or
other improvements upon said site, except as follows:
1. The City Engineer and Chief Building Official may, authorize
emergency grading operations upon any site as they deem necessary
for the protection of the public .health, safety and welfare;
2. The Council may authorize the issuance of a grading permit
for quarrying, excavating, processing, filling, stockpiling and similar
grading operations upon any site specifically approved by the Council;
3. The Council may extend the area covered by a grading permit to
include adjoining sites which are scheduled for future development
by the same developer if:
(a) The adjoining sites are subject to a tentative map or
prelinAnary plan of development; and
(b) The Council finds that a common grading operation is
reasonably necessary and convenient for development purposes;
and
(c) The Council finds that the grading operations upon the
adjoining sites will not detrimentally affect the final design and
developrnent of the said adjoining sites;
4. The Council may, in its sole discretion, extend the area covered
by a grading permit to include adjoining, sites which are not subject
to any subdivision map, plan of development, or other permit if the
Council finds:
(a) That such extended grading is reasonably necessary as an
integral part of grading otherwise authorized; and
(b) That the extended grading does not detrimentally affect the
appearance of the adjoining site or its usefulness as currently
zoned; and
(c) That it is improbable that the adjoining site will itself be
developed within the ensuing five years. "
SECTION 3. (Municipal Code Section IU120 (n), entitled "(Building Code) Section
7018, Stockpiling" is hereby repealed, provided that stockpiling permits currently in
effect shall remain valid until their normal expiration date, unless terminated sooner
by the City Engineer.
Ordinance No. 571 (1972 'dies) .
Page 3 `
SECTION 4. This Ordinance, together with the ayes and noes, shall be
published once in full, at least three days prior to its final passage, in the Telegram-
Tribune, a newspaper published and circulated in said City, and the same shall -o into
effect at the expiration of thirty days after its said final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a Regular Irieeting held thereof on the 6th day of November, 1972 on motion
of Mayor Schwartz, seconded by Councilman Gurnee, and on the following roll call
vote:
AYES: Councilmen Bla:;e, Brown, Graham, Gurnee and Mayor Schwartz
NOES: None
ABSENT: None
ATTEST:
REINTRODUCED AMD PASSED TO PRRTF with amendments by the Council of the
City of San Luis Obispo at a i.'.egular Meeting hel- thereof on the 20th day of November,
1972 on motion of Mayor Schwartz, seconded by Councilman Blake, and on the following
roll call vote:
AYES: Councilmen Bla1:e, Brown, Graharz and Mayor Schwartz
NOES: Councilman Gurnee
ABSENT: None
ATTEST:
O 571
46
FINALLY PASSED this 4th day of December 19 72 ,
by the following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee, Mayor Schwartz
NOES: Councilman Blake
ABSENT: None
ATTEST: