Article II — General Requirements

Except for the specific exceptions listed hereinafter, no person shall do or permit to be done any grading on any site in the unincorporated area of this county without a valid permit obtained from the director of public

works.

(Prior gen. code § 7-111.0)

The following grading may be done without obtaining a permit:

A.

An excavation that removes less than one hundred fifty (150) cubic yards of material and that complies with one of the following conditions:

1.

Is less than two feet in depth below natural grade; or

2.

Will not create a cut slope that is unstable, potentially erodible to the extent of causing an illicit discharge, more than five feet in height (as measured vertically), and steeper than two units horizontal to one unit vertical (fifty (50) percent slope).

B.

A fill that is not intended to support a structure, will not obstruct a drainage course, is not located within a floodplain (as defined in Chapter 15.40 of this title), will not create a surface that is unstable or that would be potentially erodible to the extent of causing an illicit discharge, and that complies with one of the following conditions:

1.

Less than two feet in depth and is placed on natural terrain that is sloped less than five units horizontal to one unit vertical (twenty (20) percent slope); or

2.

Less than three feet in depth at its deepest point (as measured vertically), creates a stable fill slope no steeper than two units horizontal to one unit vertical (fifty (50) percent slope), and is less than one hundred fifty (150) cubic yards of material; or

3.

Less than five feet in depth at its deepest point (as measured vertically), creates a fill slope no steeper than two units horizontal to one unit vertical (fifty (50) percent slope), and is less than fifty (50) cubic yards of material;

C.

Grading done by or under the supervision or construction control of a public agency, including the county, that assumes full responsibility for the work in conformance with the design and documentation provisions

of this chapter;

D.

Excavations and fills in connection with the construction of building foundations, building crawl spaces, building basements, swimming pools, retaining walls, or other structures subject to regulation by the county building ordinance (Chapter 15.08 of this title);

E.

Excavations and fills in connection with the construction of vegetated swales, bioretention basins, detention basins, or other stormwater protection facilities subject to regulation by the county stormwater management and discharge control ordinance (Chapter 13.08 of the general ordinance code);

F.

Any of the following activities conducted on property that is zoned as agricultural in accordance with the provisions of Title 17 of the general ordinance code, provided that any such activity will not result in a cut or fill the failure of which could endanger any structure intended for human or animal occupancy or any public or shared access roadway, or that could obstruct, damage, or cause an illicit discharge to any watercourse or other drainage facility, and provided that such activity is being performed in accordance with all applicable laws, regulations, and ordinances of the county:

1.

Grading associated with agricultural operations;

2.

The temporary stockpiling of soil or other material; or

3.

Grading associated with private recreational use, such as the construction or maintenance of dirt bike or equestrian trails.

G.

Trenching and grading incidental to the construction or installation of approved underground pipe lines, onsite wastewater treatment systems, conduits, electrical or communication facilities, and drilling or excavation for approved wells or post holes, except that the installation of stormdrain facilities such as field inlets, conductors, and temporary outfall structures associated with the required protection of rough grading cuts and fills or subgrades may be considered grading work, subject to the permit requirements of this chapter. Any exempted trenching shall be backfilled and the surface restored to its original condition, including reseeding or otherwise restoring vegetation on all disturbed earth surfaces if slopes exceed two percent, as soon as possible after such utility installation work is completed;

H.

Excavations for soil or geological investigations by a geotechnical engineer, geologist, or engineering geologist. Such work shall be backfilled and shaped to the original contour of the land under the direction of the geotechnical engineer, geologist, or engineering geologist as soon as possible after the investigation;

I.

Grading in accordance with plans incorporated in an approved surface mining permit, reclamation plan or sanitary landfill;

J.

Maintenance of existing firebreaks and private roadways to keep the firebreak or roadway substantially in its original condition;

K.

Routine cemetery excavations and fills;

L.

Performance of emergency work necessary to protect life or property when an urgent necessity therefore arises. The person performing such emergency work shall notify the director of public works promptly of the problem and work required and shall apply for a permit therefor within ten (10) calendar days after commencing said work.

Exemption from the requirement of a permit shall not be deemed to be permission to violate any provision of this chapter or any other laws, regulations, or ordinances of the county, including the requirement to obtain a building, electrical, plumbing, mechanical, stormwater, or well permit whenever so required under the provisions of the applicable permit ordinance.

(Prior gen. code § 7-111.1)

(Ord. No. 2010-19, § 1, 5-4-10)

Notwithstanding the exemptions listed in Section 15.36.050 of this chapter, no person shall do or allow to be done any grading in such a manner that quantities of dirt, soil, rock, debris, or other material substantially in excess of natural levels are washed, eroded, or otherwise discharged into a watercourse, a flood control facility, or other drainage system by the forces of nature, or could be so washed, eroded, or discharged onto, within, or from the site.

(Prior gen. code § 7-111.2)

(Ord. No. 2010-19, § 1, 5-4-10)

No person shall do or allow to be done any grading that obstructs, impedes, or interferes with the natural flow of stormwater, or could so obstruct, impede, or interfere, whether such waters are unconfined upon

the surface of the land or confined within land depressions or natural drainage ways, unimproved channels or watercourses, or improved ditches, channels or conduits, in such manner as to cause flooding where it would not otherwise occur, aggravate any existing flooding condition, cause accelerated erosion, or result in an illicit discharge, except where said grading is in accordance with all applicable laws, ordinances, and regulations of the county, including but not limited to the requirement to obtain a permit or permits where so specified.

(Prior gen. code § 7-111.3)

(Ord. No. 2010-19, § 1, 5-4-10)

Any proposed grading work that could impinge upon, restrict access to, or result in the discharging of stormwater or the depositing of soil or other material into or the modification of the flow of a watercourse or a flood control facility may, at the discretion of the director of public works, require a separate permit issued by the director under the provisions of the county watercourse protection ordinance or the district permit ordinance. Any grading associated with the construction of landscaped-based stormwater control facilities intended to control the discharge of stormwater into the watercourses or flood control facilities must be authorized by a separate permit issued under the provisions of the county stormwater management and discharge control ordinance.

(Prior gen. code § 7-111.4)

(Ord. No. 2010-19, § 1, 5-4-10)

No person shall excavate or remove any material from or otherwise alter any levee maintained by the county or the district without the prior approval of the director of public works.

(Prior gen. code § 7-111.5)

(Ord. No. 2010-19, § 1, 5-4-10)

Any grading within the right-of-way of a public roadway must be authorized by an encroachment permit issued by the director of public works or by the State Department of Transportation (CalTrans), as applicable. Any grading on district property must be authorized by an encroachment permit issued by the director of public works or by Zone 7, as applicable.

(Prior gen. code § 7-111.6)

(Ord. No. 2010-19, § 1, 5-4-10)

Notwithstanding the provisions of Section 15.36.050 of this chapter, whenever the director of public works determines that any grading on private property constitutes a condition that is a hazard to public safety,

endangers that property, adversely affects the safety, use or stability of adjacent property, or an overhead or underground utility, or a public roadway, watercourse, or flood control facility, or could cause an illicit discharge, the owner of the property upon which the condition is located, or other person or agent in control of said property, upon receipt of notice in writing from the director of public works shall, within the period specified therein, abate such condition and render the grading in conformance with the requirements of this chapter. The director of public works may require the submission of plans or soil or geological reports, detailed construction recommendations, or other engineering data prior to and in connection with any corrective or proposed work or activity, and shall have the authority to require that the said person or agent obtain a remedial permit or permits in accordance with the provisions of this chapter.

(Prior gen. code § 7-111.7)

(Ord. No. 2010-19, § 1, 5-4-10)

This chapter shall be prospective in operation only. The provisions of this chapter shall not apply to existing construction for which all previously necessary permits were obtained. Said provisions shall also not apply to a project or development not yet constructed provided that an appropriate permit has been obtained and said permit bears a date prior to the effective date of this chapter.

(Prior gen. code § 7-111.8)

This chapter shall be administered for this county by the county flood control and water conservation district.

(Prior gen. code § 7-111.9)