§ 18.108.070. Erosion hazard areas—Use requirements.

All uses not otherwise prohibited within erosion hazard areas shall comply with all of the following requirements:

A.

Erosion Control Measures. No otherwise permitted earthmoving activity, grading, improvement, or construction of a structure for nonagricultural activity shall commence until the activity is in compliance with the requirements of the NPDES program. The project shall be submitted to the applicable lead department and approved by the planning director.

B.

Erosion Control Plans. No otherwise permitted agricultural earthmoving activity, grading, or improvement, shall commence on slopes over five percent until an erosion control plan which complies with the requirements of Section 18.108.080 has been submitted to and approved by the director.

C.

Vineyard Replanting Programs. No vineyard replanting on slopes over five percent shall commence until a vineyard replanting program which complies with the requirements of Section 18.108.090 or, if found necessary, an erosion control plan which complies with Section 18.108.080 has been submitted and approved by the director.

D.

Minimization of Erosion Potential. Site development shall be conducted in a manner, based upon the topography and soil type, which creates no net increase in erosion.

E.

Phasing. The site shall be developed in phases of workable size which can be completed in a single construction season. Vineyard or other agricultural crop development shall comply with the phasing identified in an approved erosion control plan on file with the director. Erosion and sediment control measures shall be coordinated with the sequence of grading, development, and construction operations so as to avoid leaving any portion of a disturbed site unprotected from erosion during the winter shutdown period.

F.

Vegetation Removal. Vegetation removal shall be limited to the minimum amount necessary to accommodate the project and then only if in compliance with the NPDES program or as indicated on the approved erosion control plan or vineyard replanting program or grading or plot plan if standard erosion control measures were applied. The project shall not adversely impact threatened or endangered plant or animal habitats as designated by state or federal agencies or identified as special-status species, sensitive biotic communities or habitats of limited distribution in the county's Baseline Data Report (2005 or as amended) or Environmental Resources Mapping System.

G.

Temporary Measures. As the permanent vegetation cover is maturing, temporary vegetation or other erosion control measures sufficient to stabilize the soil shall be established on all disturbed areas as needed as each stage of grading is completed. New planting shall be protected by using such measures as jute netting, straw mulching and fertilizing or other means which are specified in the approved erosion control plan or vineyard re-planting program or grading or plot plan pursuant to subsection (A) of Section 18.108.070.

H.

Permanent Measures. Where building permits are required, final clearance shall not be issued until all permanent erosion control measures have been installed which are required by the approved plans pursuant to subsection (A) of Section 18.108.070.

I.

Maintenance of Erosion Control Facilities. All required erosion control facilities, both temporary and permanent, shall be maintained in accordance with the approved plans or vineyard replanting program pursuant to subsections (A) or (B) of Section 18.108.070.

J.

Completion Deadline for Drainage Facilities and Sediment Retention Devices. All drainage facilities and sediment retention devices specified in the approved plans or vineyard replanting program pursuant to subsection (A) or (B) of Section 18.108.070 shall be completed by the grading deadline, pursuant to subsection (L) of Section 18.108.070, of the calendar year in which the erosion control plan is approved or clearing and/or grading activity has commenced, whichever is later.

K.

Deadline for Winterization and Temporary Measures. Notwithstanding any other provision of this chapter, grading activity associated with "winterization" and installation of temporary erosion control measures specified on the approved plans or vineyard replanting program pursuant to subsections (A) or (B) of Section 18.108.070, other than sediment retention devices, may continue until the grading deadline of any calendar year and may occur after such date if approval by the director is granted.

L.

Grading Deadline (Winter Shutdown). Grading and earthmoving activities on slopes greater than five percent shall be limited to the period between April 1 and October 15 (or April 1 to September 1 pursuant to subsection (C) of Section 18.108.027 for work on any slopes within sensitive domestic water supply drainages) except that earthmoving or grading activity may occur during the winter shutdown period, providing it is in compliance with the NPDES program or an agricultural erosion control plan, vineyard replanting program or erosion control measures have been approved by the applicable director which specifically addresses grading and earthmoving activities during the winter shutdown period, and further provided that adequate winterization (temporary) erosion control measures have been installed before other work on the project in accordance with the approved plan or vineyard replanting program pursuant to subsections (A) or (B) of Section 18.108.070, and field checked by the director. The director, in approving plans involving grading or earthmoving activities during the shutdown period, is authorized to condition such approvals in a manner that will ensure that grading and earthmoving activities will not occur during periods of inclement weather. It shall be the responsibility of the permittee to contact the planning director for a field check at least three working days prior to continuing activity within the "winter shut-down period." Applications to conduct work during the winter shutdown period shall be submitted to the planning department at least two weeks before work is planned to commence. Applications not so submitted will be processed by the county as time allows, and will be required to pay two times the required processing fees in effect at the time of submittal. No work may be conducted in the shutdown period until an application is approved.

(Ord. 1300 § 5, 2007: Ord. 1259 § 7, 2005: Ord. 1104 § 34, 1996; Ord. 1062 § 6, 1994: Ord. 998 § 1, 1991: Ord. 991 § 1 (part), 1991: prior code § 12454)

(Ord. No. 1438, § 10, 4-9-2019)