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ORD-02-90 CONCERNING GRADING AND LANDSCAPING REQUIREMENTSORDINANCE NO. 2- 90 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE UPHOLDING THE RECOMMENDATION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE AND APPROVING ORDINANCE AMENDMENT 2-89 WHICH DELETES SECTIONS 17. 74.070 THROUGH 17.74.090 AND ADDS CHAPTER l6.40 TO THE ORANGE MUNICIPAL CODE GOVERNING GRADING REQUIREMENTS OF THE CITY OF ORANGE.WHEREAS, the City Council of the City of Orange has considered the recommendation of the Planning commission of the City of Orange to approve Ordinance Amendment 2-89 as set forth in Planning commission Resolution 84-89, and WHEREAS, the Council, after a due public hearing as required by law, concurs with the Commission that negative declaration 1286-89 and Ordinance Amendment 2-89 should be approved, and WHEREAS, Ordinance Amendment 2-89 should be approved for the following reasons:1. Ordinance Amendment 2-89 serves to implement the General Plan goals and policies, including the Safety Element goal of minimizing geologic hazards such as landslides and ground subsidence, which could result from grading activities, and the Open Space & Conservation Element goal of preserving aesthetic resources which is specifically addressed by the contour grading and landscaping requirements. 2. This amendment consolidates various policies and require-ments concerning grading and landscaping and also sets forth the administrative procedures for plan approval, inspection and permit issuance.NOW, THEREFORE, the City Council of the City of Orange does hereby ordain as follows:Section I:Sections 17.74.070, 17.74.080 and 17.74.090 of Chapter 17.74 of the Orange Municipal Code are hereby deleted.Section II:Chapter 16.40, entitled "Grading Requirements" is hereby added to Title 16 of the CHAPTER 16.40 GRADING REOUlREMENTS sections: 16.40.010 16.40.020 16.40.030 16.40.040 16.40.050 16.40.060 Citation Purposes scope Incorporation by Reference Amendment Additional Requirements 16.40.010 citation. This Chapter shall be known and may be cited as the city of Orange Grading Ordinance. 16.40.020 PurPoses. The purpose of this Chapter is to incorporate by reference and to provide for the amendment of those official documents which safeguard life and property and protect the public welfare by establishing minimum requirements to regulate grading and earthwork and to control the quality of drainage and runoff within the City. Further, those documents encourage the use of contour grading, variable slope concepts and innovative land- scape technology to retain the rural character of hills and to promote aesthetically pleasing concepts in the design of hillside grading and construction. 16.40.030 Scope. This Chapter and the documents incorporated by reference herein, set forth the rules and regulations to control excavation, grading and earthwork construction, including cuts and fills; establishes the administrative procedure for the issuance of grading permits and provides for review and approval of plans and the inspection of grading construction. 16.40.040 Incorporation bv Reference. That certain document entitled citv of Oranqe Manual of Gradinq, is hereby incorporated by reference and made a part of this Chapter. In addition, that certain document entitled Guidelines for Landform Gradinq and Plantinq, is hereby incorporated by reference and made a part of this Chapter. Copies of each of these documents, with all amend- ments thereto, are on file in the Office of the city Clerk for use and examination by the public. 16.40.050 Amendment. The City Council shall make changes to the City of Oranqe Manual of Gradinq and the Guidelines for Landform Gradinq and Plantinq by resolution. 16.40.060 Additional Requirements. In addition to the requirements set forth in the citv of Oranqe Manual of Gradinq and the Guidelines for Landform Gradinq and Plantinq, the City Engineer may impose additional specific requirements as set forth in the various Department of Public Works Standards and specifications when sound engineering practice indicate the need for such additional requirements. ORD NO. 2-90 section III. A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in the Orange City News, a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. ADOPTED this 23rd day of January 1990. ATTEST: t (.~,.. Cl~ of e ty of -Orange STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, MARILYN J. JENSEN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 16th day of January, 1990, and thereafter at the regular meeting of said City Council duly held on the 23rd day of January, 1990, was duly passed and adopted by the following vote, to wit: AYES:COUNCIL MEMBERS: STEINER, BARRERA, MAYOR SMITH, BEYER, COONTZ NOES:COUNCIL MEMBERS: NONE ABSENT:COUNCIL MEMBERS: NONE A:~9~ i y Cler f ~ ~ty of Orange dg 3-ORD NO. 2-