Article V — PERMIT EXEMPTIONS AND REQUIREMENTS

17.1

Grading activities exempt from the requirement to obtain a grading permit shall conform to the standards set forth in Chapter 29 of the Lake County Code — the Lake County Storm Water Ordinance and shall implement Best Management Practices and Asbestos Dust Mitigation requirements where applicable for the duration of the project, including, but not limited to pre-construction, construction and post construction activities.

17.2

Exemption from the requirements of obtaining a grading permit shall not be deemed to grant authorization for any work to be done in violation of the provisions of this Chapter or any other laws or ordinances of this jurisdiction.

17.3

Grading activities determined to be exempt from this Chapter remain subject to the requirements of other county, state, and other federal agencies. Applicants are encouraged to consult with Community Development Department staff regarding permits that may be required from other agencies.

17.4

The following activities are exempt from the requirement to obtain a grading permit:

17.4.1

The clearing of not more than ten thousand (10,000) square feet of vegetation, provided that:

a)

Such clearing is not otherwise exempt from the requirement to obtain a grading permit,

b)

Does not exceed the other criteria for Simple Grading, and

c)

Is not in addition to other clearing of vegetation on the same parcel per grading season, pursuant to this exemption.

17.4.2

a)

Routine mechanical practices including, but not limited to: discing, harrowing, raking, chiseling, or plowing to till the soil for the production of agricultural crops on land historically used for that purpose.

b)

Agricultural grading also includes grading to support, keep, replace, maintain or continue existing agricultural operations, including drainage and erosion control facilities, irrigation systems, agricultural roads, and ponds or reservoirs not exceeding one (1) acre foot in capacity.

The construction of agricultural roads, reservoirs, ponds and buildings in mapped NOA areas are not exempt from Asbestos Dust Mitigation Plan requirements.

Grading proposed on lands where such practices have not been implemented and cannot be field verified by the Administrative Official shall not fall under this exemption.

17.4.3

All crop conversions involving agricultural grading are exempt provided the grading activities:

a)

Do not expand the footprint of the existing farming activity or operation.

b)

Do not occur within thirty (30) feet of the top of bank of a watercourse, wetland, lake or vernal pool.

c)

Do not remove previously cultivated trees, vines or other plants having stable woody root systems extending at least twelve (12) inches below the soil surface and occur on soils with a moderate or severe Erosion Hazard Rating.

d)

Do not occur during the Winter Period.

e)

Do not create any cut or fill slope of a ratio greater than two to one (2:1).

17.4.4

If the crop conversion meets all the above criteria, but not (c), it shall be deemed Simple Grading only.

17.4.5

Grading for the creation of building pads, provided the grading is incidental to and regulated under a valid County building permit or has been issued an Agricultural Exempt building permit, does not exceed the criteria for Simple Grading, and is not located in a mapped NOA area. However, grading for the creation of such building pads within a Watercourse Corridor, as established in Table 1 in Section 30-9.1.1, on lots in recorded subdivisions shall not trigger the need for a grading permit provided the grading:

a)

Does not occur on soils with a severe Erosion Hazard Rating or in a mapped NOA area.

b)

Does not propose to remove riparian vegetation, and

c)

Does not exceed any other criterion for Simple Grading set forth in Section 30-20.1.

17.4.6

Grading for the creation of building pads within a Watercourse Corridor in recorded subdivisions with soils having a severe Erosion Hazard Rating or in a mapped NOA area shall be deemed Simple Grading only, provided the grading:

a)

Does not exceed any other criteria for Simple Grading set forth in Section 30-20.1, and

b)

Does not propose to remove riparian vegetation

If the proposed grading exceeds other criteria for Simple Grading, the building pad shall be deemed either Standard or Complex Grading depending upon the criteria established in Article V. Building pads that propose to remove riparian vegetation shall be deemed Complex Grading.

17.4.7

The excavation of material below finished grade for sewage disposal systems, tanks, vaults, basements, or swimming pools where such excavation is authorized and under the provisions of a valid County building permit; or Environmental Health Division permit.

17.4.8

The stockpiling of rock, sand or aggregate involved in the construction of a building authorized by a valid County building permit.

17.4.9

Cuts less than two (2) feet in depth or which do not create a cut slope exceeding five (5) feet in height and steeper than two (2) horizontal to one (1) vertical, which does not exceed fifty (50) cubic yards and do not alter any drainage course.

17.4.10

Fills less than one (1) foot in depth and placed on undisturbed natural terrain with a slope no greater than five (5) horizontal to one (1) vertical, or less than three (3) feet in depth, not intended to support structures, not exceeding fifty (50) cubic yards and not obstructing or altering any drainage course.

17.4.11

Surface mining conducted in accordance with County and State Surface Mining and Reclamation Act regulations.

17.4.12

Tunnels (including wine caves) when such activities are under the direction of a civil engineer.

17.4.13

Grading for water well pads or utilities.

17.4.14

Temporary holes or trenches located outside of any Watercourse Corridor, for geotechnical, geological, or archeological exploration, under the direction of soil engineers or engineering geologists, not exceeding one hundred (100) cubic yards of material.

17.4.15

Grading for activities related to clearing of understory vegetation in an area up to but not exceeding, three (3) acres, without disturbing mature trees as defined by a trunk of five (5) inches diameter at breast height (DBH), and leaving at least fifty (50) percent crown cover. This exemption does not apply to the following circumstances:

a)

Grading on soils with a severe Erosion Hazard Rating.

b)

Grading within a Watercourse Corridor as defined within this Chapter.

c)

Grading in an area with the potential for the presence of special status plant or animal species as indicated by the CNDDB or the Lake County General Plan.

17.4.16

Any grading or related activity conducted as part of a County of Lake Public Works project or activities related to maintenance or repair of an existing County facility, including, but not limited to public roads, emergency access roads, bridges, levees and flood control facilities, undertaken by a public agency.

17.4.17

Grading occurring in conjunction with a Lakebed Administrative Encroachment Permit pursuant to the Clear Lake Shoreline Ordinance, Chapter 23 of the Lake County Code.

17.4.18

Grading that is for the construction of improvements for parcel maps and subdivisions for which the Department of Public Works supervises.

17.4.19

Routine maintenance of existing roads, highways, trails, firebreaks and driveways, however, widening or lengthening shall not be exempt.

17.4.20

Grading for new firebreaks that disturb one (1) acre or less, provided firebreak design and standards are consistent with the California Forest Practices Rules and Public Resources Code, Section 4290. Grading for new firebreaks that disturb more than one (1) acre shall be deemed Simple Grading; provided the grading:

a)

Does not exceed any other criteria for Simple Grading, and

b)

Does not propose to remove riparian vegetation.

17.4.21

Timber Operations as defined in Section 4527 of the Public Resources Code. Operations exempt from a grading permit include, but are not limited to, timber harvest plans, non-industrial timber management plans, and those exempt activities listed in Section 4584 of the Public Resources Code and regulated under 14 CCR 1038 and 14 CCR 1104.1.

17.4.22

Ponds less than one (1) acre foot in capacity and not within the active channel of a Class I or II Watercourse are exempt from permit requirements unless the pond is located in a mapped NOA area where an Asbestos Dust Mitigation Plan is required. Construction of agricultural ponds shall not impact habitat areas for threatened or endangered species as identified on the California Department of Fish and Game's Natural Diversity Database (CNDDB) in order to qualify for an exemption.

17.5

Notwithstanding, even when exempted from the requirements of a grading permit, should any grading activities encounter human remains, all grading activities shall cease and the Lake County Coroner shall be contacted as well as the Lake County Community Development Department and the local tribal office.

17.6

Notwithstanding, even when exempted from the requirements of a grading permit, all grading activities in mapped NOA areas shall implement NOA control measures consistent with Lake County Air Quality Management District requirements. Exempt grading activities specified in Sections 17.4.2(b), 17.4.11, 17.4.15, 17.4.16, and 17.4.20 may require an Asbestos Dust Mitigation Plan and review by the Lake County Air Quality Management District.

17.7

Notwithstanding, even when exempted from the requirements of a grading permit, certain of the above activities may require filing and compliance with the requirements for a Construction General Permit issued by the California Regional Water Quality Control Board.

(Ord. No. 2830, § 1, 7-17-2007)

18.1

If a development permit is required in conjunction with any of the following grading permit categories, the grading permit shall be consistent with and satisfy all the conditions of the development permit.

18.2

Each application for a grading permit shall be completed by the applicant on a form provided by the Lake County Community Development Department, including information necessary to make determinations

required by this Section and accompanied by a fee. The completed application shall be submitted to the Community Development Department for processing.

18.3

All applications for a grading permit shall include the following information:

a)

The completed and signed grading permit application form

b)

At least three (3) sets of the proposed grading plans that contain the following information, to scale, with north arrow:

Name and address of property owner and the individual who prepared the plans.

Assessors parcel number and address of the project site.

Vicinity map indicating location of project site in relation to adjacent roads, and mapped NOA area(s).

Site plan accurately detailing the area to be graded, existing and proposed roads/driveways, structures, watercourses, drainage ditches and drainage structures, springs, seeps, existing drainage patterns and proposed changes to existing drainage pattern, location of large trees, easements/right-of-ways, wells and sewage disposal systems, topographical features such as existing rock outcroppings, type of existing vegetation, and other geologic features.

Existing and proposed land contours with cross-sections showing depths and volumes of cuts and fills, clearly indicating the top and toe of slopes. Contours shall be shown at intervals suitable to ensure clarity.

Estimate of the total surface area to be disturbed, represented in square feet, as well as the estimated volume of earth to be moved, expressed as cubic yards. This may require calculations to support the estimate if deemed necessary by the Administrative Official. Calculations should separately specify amounts of cut and fill.

Schedule for major stages of grading activities

Source location for any fill material imported to the site or destination location of material to be exported from the site.

Locations of access routes to the site as well as proposed haul routes for import/export of materials.

Excess soil stockpile location, if applicable.

c)

At least three (3) copies of an Erosion Control and Sediment Detention Plan that describes the measures, where applicable, to:

Protect native and naturalized vegetation.

Minimize disturbance or removal of native vegetation.

Revegetate disturbed area.

Detain sediment.

Protect drainages.

Protect cut and fill slopes.

Dispose of spoil material.

Protect stockpile material.

Control fugitive dust.

Minimize the generation, transport and discharge of other construction-related pollutants.

Monitor the site after construction.

d)

The plan may be presented in narrative and/or graphic form and shall include both construction and post- construction measures that includes the following:

Schedule for the implementation of the control measures.

Description of methods to be used to protect exposed, unstable areas during and post-construction including mulching, seeding, and other BMP surface soil stabilization measures.

Description of temporary and permanent methods to prevent erosion and surface water runoff from cut and fill slopes, including interceptors, diversions, energy dissipaters, and other BMP velocity reducing measures.

Description of temporary and permanent measures to retain sediment onsite, including sediment traps and basins, vegetative filter strips, and other BMP sediment retention measures. Included shall be a schedule for the maintenance of these devices.

Description of temporary and permanent measures for revegetation of surfaces that will not be developed including proposed seed mix, types of plants to be installed, application technique, seed and fertilizer rate, and other BMP revegetation measures. Included shall be a schedule for implementation and maintenance of vegetation.

Descriptions of measures to limit access to the project site, stabilize access points, and limit tracking of sediment onto roadways.

Erosion Hazard Rating (EHR) for the site.

e)

For projects that trigger regulation under the Construction General Permit for Discharges of Storm Water administered by the California Regional Water Quality Control Board, the Erosion Control and Sediment Detention Plan may be incorporated as part of a Storm Water Pollution Prevention Plan.

f)

Grading applications proposing earth disturbance within an NOA area shall submit three (3) copies of an Asbestos Dust Mitigation Plan.

g)

Additional plans, calculations, drawings, or information requested by the Community Development Department, which are necessary to adequately review and evaluate the proposed erosion control measures.

18.4

All records not exempted from disclosure by state or federal law shall be available for public inspection as provided in the California Public Records Act, Section 6250 et seq.

(Ord. No. 2830, § 1, 7-17-2007)

19.1

All grading, not exempt from the requirements of a grading permit, is classified as "Simple Grading," "Standard Grading" or "Complex Grading." Each classification requires a different level of review prior to issuance of a grading permit, i.e., Simple Grading requires the lowest level of review, Standard Grading requires a higher level, and Complex Grading requires the highest level of review.

(Ord. No. 2830, § 1, 7-17-2007)

20.1

Simple Grading is grading that: (1) is not exempt under Section 30-17.4 from the requirement of a grading permit, and (2) does none of the following:

a)

Clears more than one (1) acre of vegetation.

b)

Disturbs more than five hundred (500) cubic yards of material.

c)

Disturbs more than two hundred fifty (250) cubic yards of material or one-half (0.5) acre in a mapped NOA area

d)

Affects any sensitive species or habitat identified by the California Natural Diversity Data Base (CNDDB) or by a biological survey, unless determined by a biological survey that no sensitive species or habitats exist in the area to be graded.

e)

Occurs on slopes greater than twenty-five (25) percent grade.

f)

Creates a filled area for the support of a structure.

g)

Adversely changes any existing drainage.

h)

Occurs in a FEMA mapped floodway.

i)

Occurs within the Watercourse Corridor of a Class I, II or III watercourse, lake, wetland or vernal pool.

j)

Affects a site with known archaeological or historical resources.

k)

Occurs during the Winter Period, unless authorized by the Administrative Official.

20.2

An application for a Simple Grading permit requires the submission of the information described under Section 30.18 "Permit Requirements" and will be exempt from review pursuant to the California Environmental Quality Act (CEQA).

(Ord. No. 2830, § 1, 7-17-2007)

21.1

Standard Grading is grading that (1) is not exempt under Section 3-17.4 from the requirement of a grading permit, (2) is not Simple Grading, and (3) falls within all of the following criteria:

a)

Clears more than one (1) acre of vegetation, or disturbs the following volumes of material:

Five hundred (500) to one thousand (1,000) cubic yards on soil units with a severe Erosion Hazard Rating.

Five hundred (500) to two thousand (2,000) cubic yards of soil units with a moderate Erosion Hazard Rating.

Five hundred (500) to five thousand (5,000) cubic yards of soil units with a slight Erosion Hazard Rating.

Two hundred fifty (250) to one thousand (1,000) cubic yards of NOA soil, or soil in a mapped NOA area.

b)

Excavates material to a depth not greater than ten (10) feet from original grade, unless engineered plans are provided and approved by the Administrative Official for a deeper excavation.

c)

Creates any cut or fill of a ratio of two to one (2:1) or less, unless engineered plans are provided and approved by the Administrative Official for a steeper ratio.

d)

Creates a fill depth of eight (8) feet or less, unless engineered plans are provided and approved by the Administrative Official for a greater fill.

e)

Does not adversely impact existing drainage.

f)

Does not occur within the Watercourse Corridor of a Class I or II watercourse, lake, wetland or vernal pool, unless limited to the construction or alteration of a seawall within a manmade canal that does not remove wetland vegetation.

g)

Does not affect any sensitive species or habitat identified by the CNDDB or by a biological survey, unless determined by a biological survey that no sensitive species or habitats exist.

h)

Does not result in the clearing of oak trees to the extent that the clearing may have a significant effect on oak woodlands as defined in Section 21083.4 of the Public Resources Code.

i)

Does not occur in a FEMA mapped floodway, unless engineered plans are presented and approved by the Administrative Official.

j)

Does not affect a site with known archaeological or historical resources.

21.2

See Section 30-25 "Application Processing and Review" for additional cultural resources requirements pertaining to Standard and Complex Grading projects.

21.3

An application for a Standard Grading permit requires the submission of the information described under "Permit Requirements" and normally will fall under CEQA Categorical Exemption Section 15304 (Minor Alterations to Land). However, a more detailed review may be required at the discretion of the Administrative Official if site-specific conditions indicate the project may have a significant effect on the environment.

21.4

Any project that qualifies as Standard Grading shall be noticed to the public as follows before the project is finally determined to be Categorically Exempt under CEQA. Notice shall be sent by first class mail to owners of all parcels within 100 feet of the property lines of the parcel upon which the grading is proposed at least fourteen (14) calendar days prior to any determination being made by the Administrative Official. Said notice shall briefly describe the proposed project, including the presence of NOA, and indicate the date that the Administrative Official intends to make a determination on the project. The notice shall further indicate that anyone may submit in writing any comments on the proposal to be considered by the Administrative Official.

(Ord. No. 2830, § 1, 7-17-2007)

22.1

Grading that exceeds the limits described above for Simple Grading and Standard Grading shall be designated as Complex Grading and will require the submission of information described under "Permit Requirements" as well as the preparation and completion of an Initial Study pursuant to the California Environmental Quality Act (CEQA). Additionally, the following types of grading will normally require the submission of plans designed and stamped by a qualified professional in the field of civil engineering or engineering geology:

a)

Grading involving the excavation or fill of more than five thousand (5,000) cubic yards of material.

b)

Construction of a reservoir or dam larger than one (1) acre foot or larger than five (5) acre feet if constructed totally below natural grade and not on a watercourse.

c)

Grading of more than one thousand (1,000) cubic yards of material on sites with a severe Erosion Hazard Rating.

d)

Grading that will disturb more than one thousand (1,000) cubic yards of NOA.

e)

Grading resulting in cuts or fills greater than fifteen (15) feet.

f)

Dredging of lake, watercourses, or wetlands.

g)

Grading in areas designated as geologic or landslide hazard areas.

h)

Grading in a FEMA-mapped floodway.

22.2

The Administrative Official may waive the requirements for engineered plans for items a) through g) above upon a determination that the plans submitted are adequate and that the scope, location, design and conduct of the proposed activity will pose no substantial impact to the protection of resources, life or property.

22.3

Public notice to neighbors shall be given pursuant to Section 21-57 of the Lake County Zoning Ordinance.

22.4

Application for Complex Grading may require the submission of additional reports such as a biological or cultural resources survey, geotechnical report, hydrologic study, or other site-specific analyses as deemed necessary by the Administrative Official.

(Ord. No. 2830, § 1, 7-17-2007)

23.1

The requirement to obtain a regular grading permit may be deferred when immediate action is necessary to protect life or property from imminent danger or damage, prevent environmental degradation, or to restore, repair or maintain public works, utilities or services destroyed, damaged or interrupted by natural disaster, serious accident, or other emergency. Written notification including the nature, probable cause, and location of the emergency, remedial protective or preventative work, including Best Management Practices, required to deal with the emergency, and circumstances that justify the course of action, including the consequences of no action, shall be submitted to the Community Development Department prior to commencement of work. Grading permits for emergency work shall be applied for within ten (10) days after commencement of work.

23.2

Emergency grading activities shall conform to the aforementioned standards and shall implement BMPs with regards to erosion control and sediment retention, and dust mitigation.

23.3

If in a mapped or known NOA area, emergency grading work shall comply with Asbestos Dust Mitigation Plan measures and with the Air Toxics Control Measures, and the responsible party shall notify the Lake County Air Quality Management District within one (1) business day, and shall promptly file a plan.

(Ord. No. 2830, § 1, 7-17-2007)

24.1

Excavation, filling, vegetation clearing or other disturbance of the soil shall not occur between October 15 and April 15 unless authorized by the Administrative Official. The actual dates of this defined grading period may be adjusted according to weather and soil conditions at the discretion of the Administrative Official.

24.2

All sites shall have erosion control measures in place by the end of the Grading Season of any given year. Onsite construction slash and debris shall be removed and any remaining spoil piles shall be stabilized or removed.

24.3

Grading during the Winter Period may be permitted with approval by the Administrative Official. However, no winter grading shall be permitted on sites with a severe Erosion Hazard Rating or within a Watercourse Corridor.

24.4

In addition to the normal requirements for a grading permit application, the applicant shall submit a statement detailing why it is necessary to conduct winter grading activities.

24.5

If the site will be active during the Winter Period, permanent sediment and erosion control BMPs shall be in place including, but not limited to paving or rocking of the site entrance or driveway.

24.6

The smallest practicable area of land shall be exposed at any one time and the time of exposure shall be minimized.

24.7

During the Winter Period, temporary or permanent erosion control measures shall be in place at the end of each workday and prior to any weather event. No grading activities shall take place during major storm events.

24.8

During the Winter Period, the site shall be regularly monitored by the permittee, especially following any weather event, to monitor the effectiveness of erosion control measures. Erosion control measures that fail or prove to be ineffective shall be modified so as to create an effective means of erosion control and/or sediment retention.

24.9

Grading in mapped NOA areas shall consider the dust suppression advantages of performing the work during damp soil conditions.

(Ord. No. 2830, § 1, 7-17-2007)