Loading...
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 I