Del Mar Municipal Code Ch. 23.33 Land Conservation Permit

The purpose of this Chapter is to insure that development results in minimum disturbances of existing or natural terrain and vegetation and does not create soil erosion, silting of lower slopes, slide damage, flooding problems, severe cutting or scarring.

(Ord. No. 434)

A. It shall be unlawful for any person to make any alteration in the existing or natural grade elevation, in excess of 18 inches, without having first obtained a Land Conservation Permit.

B. There is exempt from the provisions of this Chapter, any excavation replaced by a structure or pool, and any temporary alteration of grade elevation which proposes the restoration within 18 inches of the original grade elevation within 30 days and any excavation to fill less than 25 cubic yards.

A. The applicant shall submit an application on a form prepared by the Planning Department and submit such other required supportive material as may be required by the Planning Department to accomplish the purposes of this Chapter.

B. The applicant shall pay an application fee in an amount set, from time to time, by resolution of the City Council.

C. The Planning Department shall submit the application to the Design Review Board as a noticed public hearing.

D. The Design Review Board may approve, conditionally approve, or deny the application.

A. An applicant for a project involving grading to alter the existing or natural grade elevation on a property in an amount in excess of 18 inches which requires a Land Conservation Permit may apply for an Administrative Land Conservation Permit so long as:

1. The proposed project involves a maximum of 50 cubic yards of combined cut and/or fill grading; and

2. The proposed project involves a maximum alteration of the existing or natural grade elevation of the property by no more than 36 inches.

B. Notice of the filing of an application for an Administrative Land Conservation Permit shall be mailed to persons owning property within 300 feet of the project site and posted on the property. The mailed notice of application shall advise persons that plans are available for public review at City Hall and that the application will be administratively approved unless a written objection is received by the Planning Department on or before a date specified in the notice which shall be ten working days after the date of mailing.

C. If no timely written objection is filed, the application shall be administratively approved by the Planning Director if it is deemed to be consistent with the provisions of the Del Mar Municipal Code.

D. If a timely written objection is filed, the application shall no longer be administratively processed and shall instead be processed in accordance with the other sections of this Chapter.

(Ord. No. 716)

The application shall be approved unless the Design Review Board makes one or more of the following findings based upon the evidence submitted at the public hearing:

A. The proposed excavation or grading project is not in conformance with the Del Mar Municipal Code requirements.

B. The proposed excavation or grading project will force the topography to be subservient to the development of the site.

C. The proposed excavation or grading project will endanger steep slopes through undue increases in weight or retained water thereby creating conditions which encourage slippage.

D. The excavation or grading project will alter the natural formations unnecessarily.

E. The excavation or grading project does not provide for the restoration of the natural state of the site, to the degree feasible.

F. The excavation or grading project does not minimize the loss of major vegetation, to the degree feasible.

G. The excavation or grading project will create major interruptions of the natural drainage patterns.

Three years from the date of final approval of a Land Conservation Permit, the Permit will expire, unless a grading permit, where necessary, has been issued and substantial construction has been accomplished in reliance upon the Land Conservation Permit.

(Ord. No. 641; Ord. No. 757)

A. It is unlawful for any person to excavate or grade without first having satisfied the requirements of this Chapter.

B. A violation of any of the regulatory provisions of this Chapter or any of the conditions imposed by an issued permit constitutes a public nuisance.