HomeMy WebLinkAbout0824ORDINANCE NO. 824 (1979 Seriesx
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING CERTAIN SECTIONS OF THE GRADING AND
EXCAVATION PROVISIONS OF THE MUNICIPAL CODE
TO (1) ALLOW FOR GRADING IN ADVANCE OF FINAL
PLAN APPROVAL AND (2) ALLOW FOR EXCEPTIONS TO
GRADING LIMITATIONS UNDER CERTAIN CIRCUMSTANCES.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Sections 9410 and 9413 of the San Luis Obispo Municipal
Code are amended as set out in Exhibit A, attached hereto.
SECTION 2. This Ordinance, together with the ayes and noes, shall
be published once in full, at least three (3) days prior to its final passage
in the Telegram - Tribune, a newspaper published and circulated in said City,
and the same shall go into effect at the expiration of thirty (30) days after
its said final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a meeting held on the
6th
day of November 1979,
on motion of Councilman Jorgensen , seconded by Councilman Bond
and on the following roll call vote:
AYES: Councilmembers Jorgensen, Bond, Dunin and Mayor Cooper
NOES: None
ABSENT: Councilwoman Billig
ATTEST:
CI ERK J.H. FITZPATRICK
APPROVED:
i
City Administ ative 0 ficer
Aot$14rr.
City Attorney
0 824
EXHIBIT' "A"
SECTION 9410. Denial of Grading Permits.
No grading permit shall be issued not shall an application for a
grading permit for the creation of building sites be approved by staff,
unless specifically authorized by the City Council per Section 9404 herein,
if the Community Development Director makes any of the following findings:
1. Potential Hazard: The grading proposed by the applicant will be
hazardous by reason of flood, geological hazard or unstable soils, or is
liable to endanger any other property or result in the deposition of
material or debris on any public way or property or drainage course or
otherwise create a public nuisance pursuant to Chapter 4, Section 4400
et seq, of the Municipal Code.
2. Not Consistent with City Plans and Policies:; The design of the
proposed sites is not consistent with applicable adopted City General and
Specific Plans, policies, property development standards, design criteria
or specifications, or is contrary to the purpose and intent of this
Chapter.
3. Importing and Exporting of Earth--Material:
(a) The grading proposed requires "engineered grading" per
Section 9421 (3) herein; and
(b) The design of the proposed grading on the site requires an
excessive amount of earth material to be imported to or exported
from said site, in which case, the Community Development Director
shall refer the application to the Architectural Review Commission
for review and action.
SECTION 9410.1 Grading in Advance of Final Plan Approvals.
Grading may be approved by the Community Development Director on a
site prior to final approval by the city of development of all of the
area to be graded, provided that : (1)' A tentative minor subdivision
or tract map, use permit, Architectural Review Commission project approval
or similar authorization has been granted; and (2) Related street and
utility grades have been established; and (3) A cash deposit or cash
bond is deposited to guarantee restoration of the site to a natural
condition as required by the Community Development Director should the
project not proceed to completion.
SECTION 9413. Design Standards - General.
1. Natural State: The topography of a site proposed for development
shall remain substantially in its natural state. Mass recontouring shall
not be allowed. In all cases the average cross slope of a site shall be
determined by the Community Development Director prior to any grading
operations or approval of any grading plan. Any grading operation shall
have a relationship to the average cross slope of the proposed site to be
graded, as shown in Table B. The percentage of the site, exclusive of building
area, to remain in its natural state (no grading of any kind allowed) shall
be considered as follows:
TABLE B
PERCENT AVERAGE CROSS SLOPE PERCENT OF SITE TO REMAIN IN NATURAL STATE
0 - 5 0
6 - 10 25
11 15 40
16 - 20 60
21 - 25 80
26 - 30 90
Above 30 100
. 2. Exceptions: The City Council may grant exceptions from the
grading limitations in Subsection 1., immediately above, provided that
all of the following conditions are found to apply:
a. That any exception granted shall be subject to such
conditions as will assure that the adjustment thereby
authorized shall not constitute a grant of special
prviaege inconsistent with the limitations upon other
properties in the same vicinity.
b. That because of special circumstances applicable to the
subject property,:- including size, shape, topography,
location or surroundings., the strict literal application
of the grading limitations is found to deprive subject
property of privileges enjoyed by other properties in the
vicinity.
C. That under the circumstances of this particular case the
exception is in conformity with the purposes of this
ordinance set out in Section 9401.
Exceptions may be granted only incco.njunction with specific conditions
of approval of a comprehensive plan for the development of a site 4--
including, but not limited to, proposed subdivisions, planned develop-
ments, use permits or Architectural Review Commission projects.
T
ORDINANCE NO. 824
(1979 Series)
FINALLY PASSED this 20th day of November ;
1979., on motion of Councilman Jorgensen , seconded by
Councilwoman Billig and on the following roll call
vote:
AYES: Councilmembers Jorgensen, Billig, Bond, Dunin and Mayor Cooper
NOES: None
ABSENT: None
ATTEST:
WIMIMTOOMMR
i
no� r� J.H. Fitzpatrick
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