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HomeMy WebLinkAbout98-44 - Resolutions RESOLUTION NO. 98-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF A MUNICIPAL CODE AMENDMENT PERTAINING TO THE REVIEW OF GRADING PLANS AND SPECIFICATIONS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. I. The City of Rancho Cucamonga has filed an application for the Amendment described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On June 10, and continued to July 22, 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above- referenced public hearing on July 10 and July 22, 1998, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendment will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and b. This amendment promotes the goals and objectives of the Development Code; and c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and PLANNING COMMISSION RESOLUTION NO. 98-44 GRADING ORD. REV. - CITY OF RC July 22, 1998 Page 2 d. The subject application is consistent with the objectives of the Development Code; and e. The proposed amendment is in conformance with The General Plan. 4. This Commission hereby finds that the project has been prepared and reviewed in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and further, specifically finds that based upon substantial evidence, it can be seen with certainty that there is no possibility that the proposed amendment will have a significant effect on the environment and, therefore, the proposed amendment is exempt pursuant to State CEQA Guidelines, Section 15061(b)(3). 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends of Municipal Code Amendment No. 98-01 shown in the Ordinance attached hereto. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF JULY 1998. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA ! 1 1 BY: ' 'avid Bar Chairman ATTE . Bra. r, Sec` �,er I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 22nd day of July, 1998, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 15, CHAPTER 15.12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING REVIEW OF GRADING PLANS AND SPECIFICATIONS. A. Recitals. 1. On June 10, and continued to July 22, 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly-noticed public hearing with respect to the above-referenced Municipal Code Amendment and, following the conclusion thereof, adopted its Resolution No. , recommending that the City Council of the City of Rancho Cucamogna adopt said amendment. 2. On , 1998, the City Council of the City of Rancho Cucamonga conducted and concluded a duly-noticed public hearing concerning the subject amendment to the Development Code. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: The City Council hereby specifically finds that all of the facts set forth in Recitals, Part A, of this Ordinance are true and correct. SECTION 2: The City Council hereby finds and determines that the subject amendment identified in this Ordinance is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations. SECTION 3: Section 15.12.220 is hereby amended to read, in words and figures, as follows: 15.12.220 Appendix Section 3309 Amended - Plans and Specifications. Section 3309 (a) Plans and Specifications. When required by the Building Official,each application for a grading permit shall be accompanied by three sets of plans and specifications, and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications shall be prepared and signed by a Civil Engineer when required by the Building Official. (b) A grading permit may be issued based upon a preliminary grading plan where insufficient precise detail of site improvement exists at the time of grading permit CITY COUNCIL ORDINANCE NO. GRADING ORD. REV. - CITY OF RC Page 2 issuance. Where grading is accomplished based upon a preliminary grading plan, the submittal and approval of a final grading plan shall be required, prior to the issuance of any building permit for the site. Preliminary grading plans shall include sufficient detail to assure that at the time of final Grading Plan submittal, all standards and specifications of this code and other City grading regulations will be met. (c) Information on Plans and in Specifications. Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work and name and address of the owners and the person by whom they were prepared. The plans shall include the following information: 1. General vicinity of the proposed site. 2. Property limits and accurate contours of existing ground and details of terrain and area drainage. 3. Limiting dimensions, elevations and finish contours to be achieved by the grading. 4. Quantities of excavation and fills. 5. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated run off of the area served by any drains. 6. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within 15 feet of the project site or which may be affected by the proposed grading operations. 7. Size, type and condition of vegetation that is to remain. 8. Legal restrictions such as property lines, easements, setbacks, etc. 9. Utility structures, catch basins, manholes, culverts, etc. 10. Drainage, sewer, water, gas, electric or other utility lines. 11. Any unusual site conditions. 12. Contours, both existing and proposed,shall be shown in accordance with the following schedule: CITY COUNCIL ORDINANCE NO. GRADING ORD. REV. - CITY OF RC Page 3 Natural Slopes Maximum Interval 2 percent or less 2 feet Over 2 percent to and including percent 5 feet Over 9 percent 10 feet 13. Specifications containing information covering construction and material requirements: (d) Soils Engineering Report. The soils engineering report required by subsection (c) shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures including buttress fills, when necessary, and opinions and recommendations covering adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes. Recommendations included in the soils engineering reportend shall be incorporated into the grading plan or specifications. (e) Engineering Geology Report. The engineering geology report required by Subsection (a) shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy for the intended use of sites to be developed by the proposed grading as affected by geological factors. Recommendations included in the reportand shall be incorporated in the grading plans or specifications. (f) Issuance. The provisions of Section 303 Uniform Administrative Code are applicable to grading permits. The Building Official may also require submittal of the following additional information with the permit application. 1. Extent and manner of cutting of trees and clearing of vegetation, disposal of same, and measures for protection of undisturbed trees and/or vegetation. 2. A schedule defining staging and timing of construction and estimated extent of disturbance at strategic points during construction. 3. Equipment, methods, and location of spoils disposal. 4. A plan defining the schedule, equipment, materials, and personnel that will be used to maintain all protective devices and drainage facilities shown on the approved grading plan. CITY COUNCIL ORDINANCE NO. GRADING ORD. REV. - CITY OF RC Page 4 5. Designation of routes upon which materials may be transported and means of access to the site. 6. The location and manner to be used for disposal of excavated materials and control of erosion from such materials. 7. Recommendations as to the mitigation of fugitive dust and dirt which may be offensive or injurious to the neighborhood, the general public or any portion thereof, including due consideration, care, and respect for the property rights, and protection of said neighborhood or any portion thereof. 8. Limitations on the area, extent and duration of time of exposure of unprotected soil surfaces. 9. Phasing of operations to minimize water run off or other environmental concerns. 10. Such additional applicable information as the Building Official may require to carry out the purposes of this Ordinance. (g) Compliance with Plans and Code. The permittee or his agent, shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this Code. (h) Protection of Adjacent Property. During grading operations, the permittee shall be responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking or other damage which might result. (i) Temporary Erosion Control. The permittee shall put into effect and maintain all precautionary measures necessary to protect adjacent water courses and public or private property from damage by erosion, flooding, and deposition of mud or debris originating from the site. SECTION 4: Section 15.12.250 is hereby amended to read, in words and figures, as follows: 15.12.250 Appendix Section 3313 Amended - Fills. Section 3313, the Appendix of the Uniform Building Code is amended to read as follows: Section 3313 (a) Fills. Unless otherwise recommended in the approved soils engineering report fills shall conform to the provisions of this Section and to Figure A, Typical Lot Cross-Section for Fills. CITY COUNCIL ORDINANCE NO. GRADING ORD. REV. - CITY OF RC Page 5 EXCEPTION:The provisions of this section may be waived by the Building Official for minor fills not intended to support structures. (b) Fill Locations. Fill slopes shall not be constructed on natural slopes steeper than 2 horizontal to 1 vertical (2:1). Fill slopes shall be located so as to toe out not closer than 12 feet horizontally from the top of a lower natural or cut slope nor closer than 12 feet from a 2:1 slope influence line projected from lower natural or cut slope where that slope equals or is less than two horizontal to one vertical (2:1). (c) Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, non-complying fill, top-soil and other unsuitable materials, scarifying to provide a bond with the new fill, and, where slopes are steeper than five to one, and the height greater than 5 feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five to one shall be at least 10 feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. Where fill is to be placed over a cut, the bench under the toe of fill shall be at least 10 feet wide but the cut must be made before placing fill and approved by the soils engineer and/or engineering geologist as a suitable foundation for fill. (d) Fill Material. Detrimental amount of organic material shall not be permitted in fills. No rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in fills. EXCEPTION: The Building Official may permit placement of larger rock when the soils engineer properly devises a method of placement, continuously inspects its placement and approves the fill stability. The following conditions shall also apply: 1. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan. 2. Rock sizes greater than 24 inches in maximum dimension shall be 10 feet or more below grade measured vertically. 3. Rocks shall be placed so as to assure filling of all voids with well graded soil. (e) Compaction. All fills, including backfill in utility trenches, shall be compacted to a minimum of 90 percent of maximum density. EXCEPTIONS: 1. Fills exempted elsewhere in this ordinance and where the Building Official determines that compaction is not a necessary safety measure to aid in preventing saturation, settlement, slipping, or erosion of the fill. CITY COUNCIL ORDINANCE NO. GRADING ORD. REV. - CITY OF RC Page 6 2. Where lower density and expansive types of soil exist, permission for lesser compaction may be granted by the Building Official upon showing of good cause under the conditions provided herein. 3. Alternate methods of filling and compaction may be utilized on utility trenches or other specific projects when recommended by the soils engineer and (f) Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two horizontal to one vertical. (g) Drainage and Terracing. Drainage and terracing shall be provided and the area above fill slopes and the surfaces of terraces shall be graded and paved as required by Section 3315.