Chapter 5 — CLEARING REGULATIONS

Except as exempted by Section 87.502, no person shall do any clearing, nor shall an owner allow any clearing on his or her property or allow the property to remain in an unlawfully cleared condition, unless the person or owner has a valid clearing permit issued by the County Official authorizing such clearing. An owner is presumed to have allowed clearing which has been done on property occupied by him or her or is under his dominion and control. This presumption is a presumption affecting the burden of producing evidence. A separate clearing permit shall be required for each site. All clearing shall conform to the conditions of the authorizing permit. (Added by Ord. No. 9547 (N.S.), effective 5-9-03)

The following activities are exempt from the requirements of this Chapter:

(a) Routine landscaping, maintenance, and the removal of dead or diseased trees or shrubs, including trimming or mowing of vegetation to the limited extent required in order to comply with Chapter 4 of Division 8 of Title 6 of this Code, dealing with abatement of weeds and rubbish.

(b) Clearing for fire protection purposes within 100 feet of a dwelling unit. Any additional clearing for fire prevention, control or suppression purposes is exempt when authorized or required, in writing, by a fire prevention or suppression agency.

(c) Clearing limited to the least amount necessary for the purpose of surveying, geotechnical exploration and access for percolation tests and wells. This exemption does not include clearing for building pads or leach fields.

(d) Clearing incidental to the repair, alteration or construction of a single-family dwelling and accessory buildings and structures, pursuant to an approved building permit.

(e) Clearing conforming to the location, extent and purpose authorized, explicitly or implicitly, by an approved plot plan pursuant to a discretionary land use permit or a discretionary development permit.

(f) Clearing incidental to grading activities for which a grading permit has been issued pursuant to this Division, or which are exempt from a grading permit requirement pursuant to Section 87.202, paragraph (b), (c), (f) or (g) of this Division.

(g) Tilling or cultivating which is within the exemption of Section 87.202(d), (reading the terms of said exemption as if they applied to clearing rather than grading).

(h) Limited clearing to provide access to property to perform activities that would otherwise be exempt from the provisions of this Division.

(i) On land located outside the "MSCP Subarea" (as defined in Section 87.803 of this Division), clearing of up to a maximum of five acres, on a parcel zoned for single family residential use and improved with a single family residence. The amount of land cleared under this exemption shall not exceed a total of five acres, regardless of the number of occasions on which clearing is performed.

(j) On land located within the boundaries of the MSCP Subarea (as defined in Section 87.803 of this Division), clearing shall be exempt from this Division if it is exempt from the Biological Mitigation Ordinance pursuant to its terms.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)

SEC. 87.503. HABITAT PROTECTION.

No permit required by Section 87.501 shall be issued, unless first:

(a) If the land upon which the proposed clearing is to be performed is within the MSCP Subarea, the County Official shall assure that the Biological Mitigation Ordinance, has been complied with; and

(b) If the land upon which the proposed clearing is to be performed is not within the MSCP Subarea, the County Official shall assure that Chapter 1 of Division 6 of Title 8 of this Code, regarding Habitat Loss Permits, has been complied with.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03)

The following procedures and requirements shall apply to an application for a clearing permit:

(a) The application shall be submitted to the County Official, accompanied by fees and deposits as specified in Section 87.301(f). The application shall be processed as an application for an Administrative Permit pursuant to the Administrative Permit Procedure, Section 7050 and following of the Zoning Ordinance, except as otherwise provided herein. The application (except for an application for agricultural clearing, which is governed by Section 87.903) shall include or be accompanied by plans which show or include the following:

• (1) a vicinity sketch;

• (2) property lines;

• (3) contour lines showing the topography of the existing ground, with a maximum contour interval of five feet;

• (4) the location, extent and square footage of the total area to be cleared;

• (5) the location, nature and extent of all vegetation growing on the area to be cleared and the area within 100 feet;

• (6) dust control measures sufficient to comply with Section 87.428;

• (7) information and documentation sufficient to enable the County Official to make the determinations required by the California Environmental Quality Act (CEQA);

• (8) a signed statement by the owner as to the proposed use of the area to be cleared;

• (9) all watercourses located on the site; and

• (10) such other information as the County Official may require.

• (b) The application (except for an application for agricultural clearing, which is governed by Section 87.903 may be approved if the County Official determines that:

(1) the proposed clearing is exempt from environmental review under the terms of CEQA, or the proposed clearing would not have a significant effect on the environment, or all significant effects have been mitigated; if the County Official determines that the proposed clearing would have one or more significant effects which are not mitigated, he or she shall deny the permit;

(2) the proposed clearing conforms to all requirements of this Division and other applicable County ordinances; and

(3) none of the grounds for denial of a permit specified at Section 87.211, paragraphs (a), (c), (d), (e) or (f) exists (reading said provisions as if they applied to clearing rather than grading).

(c) The provisions of the Administrative Permit Procedure regarding appeals shall apply, except that an application which has been denied on the basis that the proposed clearing would have one or more significant effects which are not mitigated, is subject to appeal only directly to the Board of Supervisors. If the Board of Supervisors determines that the proposed clearing would have one or more significant effects which are not mitigated, it shall deny the appeal unless it makes a statement of overriding considerations pursuant to CEQA. The time periods specified in the Administrative Permit Procedure shall commence to run from the date that environmental documentation prepared to comply with CEQA has been completed.

pervisors determines that the proposed clearing would have one or more significant effects which are not mitigated, it shall deny the appeal unless it makes a statement of overriding considerations pursuant to CEQA. The time periods specified in the Administrative Permit Procedure shall commence to run from the date that environmental documentation prepared to comply with CEQA has been completed.

(d) All clearing authorized by an approved clearing permit shall be completed within 12 months of the date of approval. The County Official may grant one extension of said period, for up to an additional 12 months, if he or she determines that no significant changes in the work are proposed, and substantial progress has been made towards completion.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 10804 (N.S.), effective 9-16-22)

Clearing to be performed in preparation for land development shall not be undertaken until all discretionary approvals for the land development have been issued. (Added by Ord. No. 9547 (N.S.), effective 5-9-03)

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; repealed by Ord. No. 10804 (N.S.), effective 9-16-22)

CHAPTER 6. WATERCOURSES

The purpose of this chapter is to protect persons and property against flood hazards. In case of conflict between the regulations imposed by this chapter and other County Ordinances, State and Federal Regulations, the regulation imposing the more stringent restrictions shall prevail.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03)

No person shall do or commit or cause to be done or committed, any of the following described acts, nor allow the same to be done on his or her property, nor allow the property to remain in such condition:

(a) Deposit any material of any kind in a watercourse which may impair, impede or accelerate the flow of water therein so as to adversely affect adjoining property;

(b) Plant any vegetation (other than grasses or annual crops) within a watercourse which may impair, impede, or divert the flow of water in such watercourse (unless this is required by a land development permit issued by the County);

(c) Commit any act on or in any easement dedicated, granted or reserved for flood control or drainage purposes which will impair the use of such easement for such purposes; or

(d) Within a flood plain where a Flood Plain Designator or a Flood Channel Designator has been applied under the Zoning Ordinance or within a flood plain as delineated on approved maps issued by the Federal Insurance Administrator (designated by the Secretary of the United States Department of Housing and Urban Development), construct new or substantial improvements of structures unless the lowest floor (including basement) is elevated to or above the level of the 100-year flood or the structure, including attendant utility and sanitary facilities, is flood proofed up to the level of the 100-year flood. "Substantial improvements" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either: (1) before the improvement is started, or (2) if the structure has been damaged, and is being restored, before the damage occurred. "Substantial improvements" are considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. "Substantial Improvements" do not, however, include any alteration to comply with existing federal, state or local health, sanitary, building or safety codes or regulations.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)

No person shall do or commit or cause to be done or committed, any of the following described acts without first obtaining a grading permit pursuant to Chapter 2 of this Division:

• (a) Impair, impede or accelerate the flow of water in a watercourse;

• (b) Alter the surface of land, by construction, excavation, embankment or otherwise, so as to reduce the capacity of a watercourse;

(c) Construct, alter or remove any flood control or storm water drainage structure, facility or channel of or in a watercourse;

• (d) Construct or place any structure in, upon or across a watercourse; or

(e) Place fill or encroachments that would increase the flood level or impair the ability of a floodway to carry and discharge the waters resulting from the 100-year flood, within a "floodway" as shown on San Diego County Flood Plan Maps adopted by the Board of Supervisors and on file at the Department of Public Works, as shown on a "Flood Insurance Rate Map" adopted by the Federal Emergency Management Agency, or as defined in Section 87.803(20) of this Division. Permits may be issued where the effect of the fill or encroachment on flood heights is fully offset by stream improvements.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)

• (a) Sections 87.602 and 87.603 do not apply to:

• (1) Any act lawfully done pursuant to Chapter 3 (Excavations, Fills and Obstructions) or 4 (Construction) of Division 1 (Protection of Highways) of Title 7 of this Code.

(2) Work performed by the Federal Government, the State of California, the County of San Diego or their agents or contractors. (Note that the County of San Diego is not a "person" to whom this Division applies; see Section 87.803(27) of this Division.)

• (3) Acts of the owner of the watercourse in the routine maintenance thereof, provided such acts do not impair, impede or divert the flow of water in such watercourse.

(4) Acts of persons engaged in natural resource extraction operations performed pursuant to a Use Permit, provided such acts are normally and routinely associated with such pursuits and provided further that such acts do not substantially impair, impede, or divert the flow of water in the watercourse.

• (5) Repair, reconstruction or improvement to existing structures, provided it:

• (aa) is not a substantial improvement (as defined in Section 87.602(d));

• (bb) is designed and anchored to prevent flotation, collapse or lateral movement of the structure;

• (cc) uses construction materials and utility equipment that are resistant to flood damage; and

• (dd) uses construction methods and practices that will minimize potential flood damage.

• (6) Construction of parking facilities within the flood plain fringe area below the 100-year flood level, provided:

• (aa) The parking facility will service a non-residential building; or

• (bb) The structure is open and will not impede the flow of flood waters.

• (b) In addition, Section 87.603 does not apply to grading which is exempt from the requirement to obtain a grading permit under one or more of the following paragraphs of Section 87.202 of this Division:

• (1) Sec. 87.202(d): Specified agricultural tilling or cultivating.

• (2) Sec. 87.202(e): Specified utility construction.

• (3) Sec. 87.202(f): Emergency watercourse grading.

• (4) Sec. 87.202(g): Specified surface mining operations.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03)

Where grading proposed by grading plans or improvement plans would be within or would affect a watercourse, the following requirements shall apply, in addition to the requirements specified in Chapter 2 of this Division:

(a) The County Official shall not approve the grading plans or improvement plans unless he or she has evaluated and determined that the proposed grading is consistent with the San Diego County general plan; provided that, if the proposed grading is associated with a subdivision or other land development project which has been approved by a

County decision making body which determined the project to be consistent with the general plan, the County Official shall instead evaluate whether the proposed grading is consistent with such prior project approval and shall not approve the plans if they are not consistent with the prior approval.

(b) The County Official shall not approve the grading plans or improvement plans unless he or she determines that the proposed grading does not create an unreasonable hazard of flood or inundation to persons or property. (Added by Ord. No. 9547 (N.S.), effective 5-9-03)

(a) Notwithstanding any other provision of this Division or any other County Ordinance, an emergency watercourse grading permit may be granted solely for the removal of silt, sand and debris from a watercourse, upon a finding that an emergency exists on public or private property. The permit may be granted by the County Official for the removal of up to 10,000 cubic yards of silt, sand and debris, or by the Board of Supervisors for amounts in excess of 10,000 cubic yards. For purposes of this section, "Emergency" means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of or damage to life, health, property, or essential public services. "Emergency" includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage, (see Section 15025, Title 14 of the California Administrative Code) or projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish or replace property or facilities damaged or destroyed as a result of a disaster in a disaster stricken area in which a state of emergency has been proclaimed pursuant to Chapter 7 of Division 1, Title 2 of the Government Code (see Section 15071, Title 14 of the California Administrative Code).

(b) The emergency watercourse grading permit shall be granted for such periods of time as the County Official or Board shall deem to be reasonable and necessary or advisable under the circumstances, and upon such conditions as the County Official or Board deems necessary to insure the health, safety and welfare of the affected persons or the protection of the affected properties, and to assure that the work shown is in accordance with County Plans and Specifications. Such permit shall be granted to the owner of the property or the authorized agent of the owner. (Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)

The property owner is responsible for the timely maintenance of any watercourse on the owner's property. "Maintenance" means cleaning, removing obstructions and repair of existing facilities. Obstructions shall include vegetation, shrubs, trees, tree stumps, limbs and foliage, debris, trash, rubbish, waste matter, deposits of dirt, silt, sand or rock, walls, structures, building materials or any other material which may impede, impair, restrict or divert the flow of water from its natural course. (In the case of live vegetation, any required permits and approvals shall be obtained prior to removal.) The owner shall obtain any approvals or permits required by federal or state law (such as section 404 of the Federal Water Pollution Control Act (33 U.S. Code Section 1344) or section 1600 and following of the Fish & Game Code for such work. Failure to maintain a watercourse in a safe and unobstructed condition is hereby declared to be violation of this section, and a public nuisance. (Added by Ord. No. 9547 (N.S.), effective 5-9-03)

All work under the provisions of this Chapter shall be performed under the general supervision and coordination of a civil engineer unless waived by the County Official for small projects (or minor work) or the work is supervised by an

agency of the Federal or State government. (Added by Ord. No. 9547 (N.S.), effective 5-9-03)