2016-05 Grading Amendment ORDINANCE 2016-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA,
ADDING SECTION 23.24.095 AGRICULTURAL EXEMPTIONS TO THE MUNICIPAL
CODE CHAPTER 23.24, GRADING , EROSION AND SEDIMENT CONTROL
CASE NUMBER 16-142 POD
WHEREAS, the City Council finds the proposed amendment is consistent with the
purposes of the General Plan, Municipal Code, adopted Local Coastal Program, and
other applicable City ordinances in that the amendment facilitates the agricultural land uses;
and
WHEREAS, the City Council has duly considered all public testimony, including
the evaluation and recommendation by staff, presented at said hearing; and
WHEREAS, notices of said Public Hearings were made at the time and in the
manner required by law; and
WHEREAS, a Public Notice of Availability of proposed Local Coastal
Plan Amendments (LCPA) was issued, which opened a six-week public review period
that ran from July 1, 2016 through August 12, 2016; and
WHEREAS, the City Council finds that the amendments are consistent with
the adopted Local Coastal Plan. Additionally, this Ordinance is intended to be carried out
in a manner in full conformance with the California Coastal Act of 1976 and the Planning
and Building Director is hereby authorized to submit this Ordinance as part of the Local
Coastal Program Amendment to the California Coastal Commission for their review and
adoption.
WHEREAS, the City Council finds that the Grading Permit regulations shall
be streamlined to facilitate urban agriculture, which encourage sustainable practices,
improve greater local food security and access to healthy food while at the same time
protecting the environment, public health and animal welfare; and
NOW, THEREFORE, the City Council of the City of Encinitas, California,
hereby ordains as follows:
SECTION 1• ADDITION OF SECTION 23 2a 095 AGRICULTURAL TURAL EXEMPTION:
Section 23.24.095 is added to the Encinitas Municipal Code, to read as follows:
23.24.095 Agricultural Exemptions
The exemption applies to urban agricultural operations, including disking, harrowing, terracing,
leveling, and soil preparation. Urban agricultural activities are exempt from a grading permit if
all the following criteria are met:
A. Shall employ proper erosion and sediment control to ensure that there is no discharge of
sediment and other pollutants from the site.
B. Shall store and use pesticides, composts, organics, and nutrients in conformance with
the applicable local, State and Federal codes.
C. Shall prevent irrigation runoff leaving the site.
D. Shall safeguard life, limb, property, and the public welfare.
E. The volume of soil or earth materials stored, graded, replaced, imported, exported or
otherwise disturbed is 250 cubic yards or less. Soil placed in contained planters that are
structurally safe, designed to fully contain planting soils, and do not pose drainage,
stormwater pollution, or stability hazards would not be added to the grading quantities,
provided that these soils are removed from the site if/when the subject urban agricultural
operations are terminated.
F. Proposed land disturbance area is less than 10,000 square feet or the proposed land
disturbance area is between 10,000 square feet and less than one acre and an erosion
control permit is obtained from the City.
G. Proposed new and replaced impervious area is less than 500 square feet or between
500 square feet to less than 5,000 square feet if a construction permit for construction of
stormwater Best Management Practices (BMPs) is obtained.
H. Rainwater runoff is diverted, either during or after construction, from an area smaller
than 5,000 square feet.
I. The activity will not encroach or impact either directly or indirectly an environmentally
sensitive area or wetlands.
J. The activity does not take place on an inland or coastal bluff; within 100 feet by
horizontal measurement from the bluff top edge of an inland or coastal bluff; the bank of
a watercourse; or within 100 feet of any wetlands; or within 50 feet from riparian areas.
Should the agricultural areas be utilized for any other use, the Public Works Director may
require that a grading permit be obtained to ensure that the agricultural land is mitigated
properly to support any fill or structures.
Normal agricultural crop management practices, including disking, harrowing, terracing, leveling,
and soil preparation that take place on land that has been farmed are exempt pursuant to
Section 23.24.100.D. of this code.
SECTION 2• ENVIRONMENTAL FINDING:
The City Council, in their independent judgment, finds that the adoption of the Municipal Code
Section 23.24.095 Agricultural Exemption will be exempt from Environmental Review pursuant
to General Rule 15061 (b) (3) since there would be no possibility of a significant effect on the
environment because the amendments will not directly result in development; any
development as a result of the amended language will be subject to CEQA review and
analysis.
SECTION 3• PUBLIC NOTICE AND EFFECTIVE_DATE:
The City Clerk is directed to prepare and have published a summary of this Ordinance no less
than five (5) days prior to consideration of its adoption, and again within fifteen (15) days
following adoption, indicating the votes cast.
This Ordinance was introduced on September 14, 2016 and will become effective following
adoption by the City Council and certification by the California Coastal Commission as being
consistent with the Local Coastal Program for the City of Encinitas.
SECTION 4: INTRODUCTION:
This Ordinance was introduced on September 14, 2016.
PASSED AND ADOPTED this 28th day of September, 2016 by the following vote to wit:
AYES: Blakespear, Kranz, Muir, Shaffer
NAYS: Gaspar
ABSTAIN: None
ABSENT: None
Kristin Gaspar, Mayor
City of Encinitas
ATTESTATION AND CERTIFICATION:
hereby certify that this is a true and correct copy of Ordinance No. 2016-05 which has
been published pursuant to law.
L
Kathy Hollywood, City Clerk