San Luis Obispo County |
County Code |
Title 22. LAND USE ORDINANCE |
Article 5. SITE DEVELOPMENT STANDARDS |
Chapter 22.52. GRADING AND DRAINAGE |
§ 22.52.060. Grading.
A.
Grading. For the purposes of this Chapter, "grading" is defined as all new earthwork that involves one or more of the following activities: excavations, cuts, fills, dams, reservoirs, levees, impoundments, diking, dredging, borrow pits, stockpiling, compaction of fill, or removal of vegetation. Cultivation activities, including disking, harrowing, raking or chiseling, planting, plowing, seeding, or other tilling are not considered grading and are not regulated under this ordinance. A grading permit is required in any of the following cases, unless the project qualifies for an exemption or constitutes agricultural grading as set forth in Section 22.52.070, or unless the project goes through the alternative review process as set forth in Section 22.52.080:
1.
50 cubic yards. The amount of material, measured cumulatively (adding together all proposed earthwork) for any of the above mentioned activities exceeds 50 cubic yards.
2.
Work in a watercourse. The amount of material, measured cumulatively (adding together all proposed earthwork) for any of the above mentioned operations exceeds 20 cubic yards and involves altering or obstructing a drainage way or watercourse.
3.
Removal of vegetation. Projects which would involve more than one acre of vegetation removal on a site.
Vegetation removal is calculated based on the total area of a site which will lack soil cover (i.e. "bare soil") at any given time. Areas subject to previous vegetation removal are not included in this calculation where permanent revegetation has already achieved a minimum of 70 percent coverage.
Note: The grading thresholds specified in Subsections A.1 and A.2 above are to be measured cumulatively for each project. A project may not be broken down into smaller components with the intention of avoiding a grading permit. Activities progressing towards a common endeavor are considered a single project.
B.
Additional permitting requirements. Grading may require a land use permit or variance under the following circumstances:
1.
Site disturbance. For projects subject to Chapter 22.08, grading may require land use permit approval based upon the amount of site disturbance. The land use permit thresholds are established in Section 22.08.030 (Table 2-3).
2.
Slopes. Grading shall be limited to slopes of less than 30 percent, except where:
a.
Variance. The applicant has obtained Variance approval pursuant to Section 22.62.070; or
b.
Agricultural use. The grading is exclusively for one or more of the following agricultural uses:
(1)
An exempt agricultural accessory structure as specified in Section 22.06.040E.1;
(2)
Crop production or grazing;
(3)
Any agricultural roads used exclusively for the purposes set forth in Subsections B.2.b.(1) and B.2.b.(2).
While this Subsection exempts the above uses from the 30 percent slope limitation, this Subsection shall not be construed to exempt any uses from the requirement of obtaining a grading permit or complying with exemption or alternative review procedures pursuant to Section 22.52.050.
[Amended 1999, Ord. 2863; 2010, Ord. 3188]