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HomeMy WebLinkAboutCC ORD 1997-2129 Amends local coastal program (Not codified)ORDINANCE NO. 9 7 -2129 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDMENT TO THE LOCAL COASTAL PROGRAM IMPLEMENTATION CONCERNING GRADING DURING THE RAINY SEASON APPLICANT: CALTRANS CASE FILE NO. LCP-1996-2 WHEREAS, pursuant to Division 20 Section 3000, et. seq., of the California Public Resources Code, the California Coastal Act, a Local Coastal Program for the City of National City was prepared and adopted, and WHEREAS, regulations, procedures and zoning consistent with or necessary to carry out the Local Coastal Program Land Use Plan are described in the document entitled National City Local Coastal Program Implementation, and WHEREAS, the Planning Commission and City Council have caused and duly held studies and proceedings for the proposed amendment to the Local Coastal Program Implementation which will implement an amendment to the Local Coastal Program Land Use Plan, pursuant to Section 30503 of the Public Resources Code, and WHEREAS, pursuant to legal notice, hearings on the proposed amendment were held by the Planning Commission of National City on November 18, 1996, and also by the City Council of National City on December 10, 1996, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and, WHEREAS, the Planning Commission and City .Council did consider all evidence and testimony at said hearings, and WHEREAS, the proposed amendment is consistent with and carries out the Local Coastal Program, Land Use Plan, as amended, and WHEREAS, the City Council has considered the recommendation of the Planning Commission regarding approval of the proposed amendment and the findings of the Planning Commission regarding the relationship of the Local Coastal Program Implementation with the Local Coastal Program, Land Use Plan, and with Coastal Act policies; and, WHEREAS, the City Council has considered the proposed negative declaration together with any comments received during the public review process and all evidence and testimony presented at the hearing and finds on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, approves the proposed Negative Declaration and authorizes the filing of a Notice of Determination; and, CONTINUED ON PAGE 2 Ordinance No. 97-2129 Page 2 of 4 WHEREAS, the City Council has further found that the amendment to the Local Coastal Program Land Use Plan is in the public interest and consistent with Coastal Act policies; since it calls for erosion control measures that will protect wetland and marine resources from potential impacts from grading during the rainy season; the amendment will also be consistent with and maintain other Local Coastal Program Land Use Plan policies which protect wetlands from development and require buffers around wetlands; in addition, the amendment supports the access component of the Local Coastal Program, since it will facilitate construction of the Bayshore Bikeway; and WHEREAS, the City Council has further found that the amendment to the Local Coastal Program Implementation is consistent with and carries out the Local Coastal Program Land Use Plan, as amended, since it adds requirements called for by the amended Land Use Plan regarding the completion, maintenance and monitoring of erosion control measures for grading near wetland resources during the rainy season. All applicable development regulations currently applied by the Local Coastal Program Implementation, besides the modified constraint on grading during the rainy season, will remain in effect. NOW, THEREFORE, the City Council of the City of National City, California does ordain as follows: Section 1. Regulation j,• listed under 4. Marshland Preservation in Section X of the LCP Implementation document, is hereby amended to read as follows: j. Specific erosion control measures shall be approved, incorporated into development, be in place at the initial phase of work, monitored and maintained, pursuant to marshland preservation regulation k of this Section, in conjunction with grading activities during the period of November 1 to April 1 of each year in the following areas: a. All properties between 35th Street and the southerly City limits; b. All properties in the area lying between 33rd Street, Hoover Avenue, 30th Street and the MTDB San Diego Trolley Line; c. All properties in the City's jurisdiction located westerly of Highway I-5 and south of 24th Street. (marsh preservation policy 7) Section 2. Regulation j, under 4. Marshland Preservation in Section X of the LCP Implementation document, is hereby added to read as follows: CONTINUED ON PAGE 3 Ordinance No. 97-2129 Page 3 of 4 k. Plans for grading specified in marshland preservation regulation j shall include details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be deemed necessary by the City Engineer to protect adjoining public and private property from damage by erosion, flooding, or the deposition of mud or debris which may originate from the site or result from such grading operations. If grading is begun prior to November 1st, all protective measures shall be installed prior to November 1st. If grading is begun on or after November 1st, all protective measures shall be installed before grading is begun. All protective measures shall be maintained in good working order until April 1st of the succeeding year, where grading is done between November 1st and December 31 st, or until April 1st of the same year where grading is done between January 1st and April 1st, unless the removal at an earlier date is approved by the City Engineer. Where a grading permit is issued and the work is commenced after April 1st and before November 1st of any year, and the permit was issued without protective measures as provided for in this regulation, and it appears that the grading and installation of the permanent drainage devices as authorized by the permit will not be completed prior to November 1st, then on or before October 15th, the owner of the site on which the grading is being performed shall file or cause to be filed with the City Engineer details of the required protective measures and shall implement the measures contained in the approved plan by November 1st. A plan check fee for the details of required protective measures shall be paid at the time of submittal and shall be in the amount as may be determined by the City. For continuation of grading activities, other than installation, maintenance, or repair of the required protective measures, during the wet season, permittee must apply for and receive, every seven days, special permission to proceed. This weekly requirement may be waived by the City Engineer if there has been no measurable rainfall during the previous seven days. The City Engineer shall grant permission under this section on the basis of weather forecasts, site conditions, experience and other pertinent factors which indicate the activity may commence or continue without excessive erosion occurring. CONTINUED ON PAGE 4 Ordinance No. 9 7 -2129 Page 4 of 4 Should the permittee fail to submit the plans, fail to provide the protective measures or fail to obtain permission for wet season activities as required by this regulation by the dates specified therein, it shall be deemed that a default has occurred under the conditions of the grading permit security. Thereupon the City Engineer may enter the property for the purpose of installing, by City forces or by other means, the drainage and erosion control devices shown on the approved plans, or if there are not approved plans, as he may deem necessary to protect adjoining property from storm damage, or the City Engineer may cause the owner of the site to be prosecuted as a violator of City ordinances, or he may take both actions. The City Engineer shall have the authority to require implementation of all erosion control systems and requirements at any time of the year. Section 3. The Local Coastal Program Implementation, as amended by this ordinance, is intended to be carried out in a manner fully in conformity with the California Coastal Act, Division 20 of the Public Resources Code. Section 4. The Local Coastal Program amendments are intended to take effect immediately upon the California Coastal Commission's certification. Section 5. A Notice of Determination shall be filed indicating that the rezoning will not have a significant effect on the environment. Section 6. The Director of Planning is authorized to submit copies of this ordinance and necessary exhibits and information to the California Coastal Commission for approval and certification of the Local Coastal Program Implementation. PASSED and ADOPTED this 14th day of January, 1997. ATTEST: MI HAEL ALLA, CITY CLERK APPROVED AS TO FORM: giL GEORGE H. EISER, III -CITY ATTORNEY Z GE • RGE/ . WATERS, MAYOR Passed and adopted by the Council of the City of National City, California, on January 14, 1997, by the following vote, to -wit: Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California City Clerk of the ty of National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on December 17, 1996 and on January 14, 1997. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 97-2129 of the City Council of the City of National City, passed and adopted by the Council of said City on January 14, 1997. City Clerk of the City of National City, California By: Deputy