§ 23.05.032. Exemptions from Grading Permits.

Note: While the activities under this section are exempted from a grading permit for the purposes of this County's ordinance, they are not exempted from coastal development permit requirements. In addition, the owner and/or applicant should understand that permits may be required by other regulatory agencies, including, but not limited to, the California Department of Fish and Game, Regional Water Quality Control Board, Army Corps of Engineers, U.S. Fish and Wildlife Service, or the California Department of Forestry (Cal Fire). Additionally, grading projects involving work within a state or County right-of-way may require encroachment permit approval.

a.

Minimum requirements to determine exempt status. The following considerations must be addressed in determining if grading activities qualify for an exemption:

(1)

Grading activities are not exempt within a geologic study area and/or flood hazard combining designations as shown in the Land Use Element. Agricultural grading as provided by Subsection b, and geotechnical/geologic exploration activities are not subject to this limitation.

(2)

Grading activities shall receive all necessary approvals from other County, state, or federal agencies, regardless of whether the activity is exempt under the Grading Ordinance.

(3)

Activities exempted under this section are still required to incorporate all reasonable measures to ensure against erosion and sedimentation both during and after such activities. In all cases, any grading activities which could result in a hazardous condition are not exempt from grading permit requirements. A hazardous condition exists when activities create a hazard to life and limb, endanger property, adversely affect the safety, use or stability of a public right-of-way or drainage channel, or create a significant environmental impact.

(4)

Grading activities are not exempt for any site work occurring within 100 feet of Environmentally Sensitive Habitat Areas or within in any area designated as appealable pursuant to Section 23.01.043, except under any of the following circumstances:

(i)

A prior land use permit and coastal development permit have been issued for the proposed activity and are still valid; or

(ii)

The activity is not considered development under Section 23.03.040.a.

(5)

Grading activities are not exempt from grading permit requirements under Subsections b and c in the coastal zone, except under the following circumstances:

(i)

A prior coastal development permit has been issued for the proposed activity; or

(ii)

The activity is not considered development under Section 23.03.040.a.

b.

Exempt grading. The following grading does not require a grading permit if it meets the minimum requirements of Section 23.05.032.a. Exempt grading activities must employ appropriate sedimentation and erosion control measures:

(1)

Projects involving minimal site disturbance. Small projects which adhere to all of the following limitations:

(i)

No more than 50 cubic yards. The amount of material, measured cumulatively (adding together all proposed earthwork) for any of the activities described in Section 23.05.030.a is less than or equal to 50 cubic yards.

(ii)

Work in a watercourse. If the project involves work which would alter or obstruct a drainage way or watercourse, the amount of material, measured cumulatively (adding together all proposed earthwork) for any of the activities described in Section 23.05.030.a is less than or equal to 20 cubic yards.

(iii)

Removal of vegetation. No more than one-half acre of vegetation removal would occur.

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 with native plants has already achieved a minimum of 70 percent coverage.

Note: The grading thresholds specified in Subsections b(1)(i) and b(1)(ii) 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.

(2)

Excavations below finish grade. The excavation of materials below finished grade for tanks, vaults, basements, retaining walls, swimming pools, or footings of a building or structure, where such excavations are authorized under the provisions of a valid building permit. This does not exempt any fill made with the material from the excavation.

(3)

Cemeteries. Cemetery graves, excavation, or fill within a property used or to be used for cemetery purposes is exempt. Grading that is intended to support structures or that will affect natural drainage patterns does not fall under this exemption.

(4)

Flood control maintenance. Maintenance and construction work within the prescribed easements of the San Luis Obispo County Flood Control and Water Conservation District as long as width, height, length or capacity is not increased.

(5)

Public work projects. Public works projects constructed by the County or its contractors, including those activities as provided by Section 23.03.040.d(8).

(6)

Refuse disposal. Refuse disposal sites approved by the County Health Department under the authority of Public Resources Code Sections 40000 et seq.

(7)

Surface mining. Surface mining operations approved in compliance with Sections 23.08.170 et seq. (Surface Mining). Commercial mines which are planned for conversion to on-site only use shall require reclamation in accordance with the approved reclamation plan. Continuing non-commercial operation after reclamation shall require that a grading permit be obtained.

(8)

Conservation, restoration, and enhancement projects. A soil, water, and/or wildlife conservation or enhancement project for which a California Department of Fish and Game Alteration Agreement and/or Army Corps of Engineers permit has been secured and which has a design prepared or approved by, and is inspected and certified by a Resource Conservation District, the U.S. Natural Resources Conservation Service or the State of California, Department of Water Resources, or the Central Coast Regional Water Quality Control Board.

(9)

Vegetation clearance for fire safety. Clearing of vegetation, (not to include tree removal or removal of vegetation and wildlife protected by County, state, or federal statutes as rare, threatened or endangered) in compliance with CalFire recommendations for fuel reduction or firebreaks for forestry or fire protection purposes. Tree removal is governed by Sections 23.05.060 et seq. Refer to Section 23.03.042 (Table 3-A), if applicable, for specific land use permit requirements which apply to vegetation removal. Best management practices must be applied to avoid erosion and sedimentation.

(10)

Improvement plans. Construction of, or excavations or fills for roads, drainage, and utilities associated with improvement plans for final subdivision maps or public projects within the County-maintained road right-of-way approved by the County Public Works Department, if consistent with the standards, guidelines and provisions identified in the Grading Ordinance.

(11)

Exploratory excavations and public utility connections. The following exploratory excavations or fills where the natural slope of the site does not exceed 20 percent and where effective erosion and sedimentation control measures are used in compliance with Section 23.05.042 to protect, restore, and revegetate all disturbed areas with native plants within 45 days after the completion of work or before October 15. This 45 day period may be extended where work is completed earlier in the year and an extension is necessary for rainfall to assist onsite revegetation. In order to qualify for this exemption, the proposed grading shall comply with the following, as applicable:

(i)

Excavation or fill shall not result in impacts to archaeological resources or the removal of trees or native riparian or wetland vegetation, or rare, threatened or endangered species. After consultation with the Environmental Coordinator, on-site monitoring may be required. This exemption shall not apply within an archaeologically sensitive area as shown in the Land Use Element.

(ii)

Excavations for wells and water pipeline maintenance (not to include grading for road work), disturbing an area that does not exceed an aggregate area of 1,000 square feet or exceed a total grading amount (cut plus fill) of 50 cubic yards.

(iii)

Excavation for temporary holes or trenches for geological, geotechnical and archaeological exploration, (not to include construction or modification of required access roads) performed under the direction and supervision of a soil engineer, engineering geologist or (where applicable) an archaeologist. The work shall not affect or disturb areas greater than 3,000 square feet in size, shall not cumulatively involve more than 50 cubic yards of material associated with preparing the site for exploration, and shall be protected as required by occupational safety and health agency standards.

(iv)

Excavations for the installation, testing, maintenance, or replacement of distribution or service facilities for utilities regulated by the California Public Utilities Commission, including electrical, water, or natural gas lines (not to include construction or modification of required access roads).

(v)

Excavation and fill of trenches for utility lines not exceeding 24 inches in width or an average of five feet in depth, or holes for utility poles or anchors and limited accessory grading.

(vi)

Initial excavation and fill necessary to effect such temporary repair or maintenance of oil, gas and utility lines as can be completed within seven days of commencement where such combined excavation and fill does not exceed a total of 100 cubic yards of material.

(vii)

This exemption shall not apply to the extension of water or sewage service outside of an urban services line, as shown in the Land Use Element.

(12)

Agricultural cultivation. Agricultural cultivation activities including preparation of land for cultivation, other than grading for roadwork or pads for structures.

(13)

Routine maintenance. Routine maintenance of legally established existing (exempt or previously permitted) roads; man-made, engineered flood control channels or levees; agricultural ponds and reservoirs; agricultural drainage channels; agricultural water lines; equestrian facilities (e.g. paddocks and arenas); and public utility lines (as provided by Subsection b(11)); where the width, length, or design capacity is not increased. Material may be imported under this exemption when used for routine maintenance purposes only.

(14)

Agricultural water supplies. Installation of water pipelines, wells, or spring boxes solely to serve agricultural uses. Water supplies shall be installed under proper practices recognized by the Natural Resources Conservation Service and may include the importation of materials solely for installation of the water supply system, but not including any new roadwork.

[Added 2013, Ord. 3253]

Editor's note

See editor's note, § 23.05.020.