§ 14-6. Scope; general regulations.

(a)

Except as herein provided or exempted elsewhere in this chapter, these regulations, including the incorporation of relevant best management practices, shall apply to all new grading, excavations, fills, non-agricultural land disturbance, erosion and sediment control measures, drainage devices, cuts, borrow pits, stockpiling, compaction of fill, and land reclamation projects on privately owned land where the transported amount of materials individually for any of the abovementioned operation(s) (I) exceeds fifty cubic yards, except where multiple operations less than fifty cubic yards are undertaken to achieve a specific purpose that in total exceed fifty cubic yards and would otherwise require a grading permit; (II) causes a cut or fill which exceeds three feet in vertical distance to the natural contour of the land; (III) cause any changes in elevation to the natural contour within the watercourse/drainageway setback, regardless of volume moved; (IV) disturb an area of land in excess of that outlined in section 14-9.2b of this chapter. Agricultural grading, whether exempt or required to be permitted hereunder, is not subject to NPDES Phase II storm water regulations or the local storm water requirements imposed by this chapter. No work subject to the provisions of this chapter shall be commenced, maintained or completed, in violation of these regulations. These regulations shall also apply to native oak tree removal that is subject to the guidelines for native oak tree removal in Appendix A to this chapter.

Notwithstanding these regulations, no person shall cause or allow a significant environmental impact to occur as a result of new grading as defined herein, including grading that is otherwise exempt from these regulations. In the event that the director determines that a significant environmental impact is likely to occur or has occurred as a result of new grading, the director may deny or revoke grading and/or land use permits for such grading. If necessary, the director may also require grading and land use permits for work that is otherwise exempt from these regulations in order to address the significant environmental impact identified.

Grading that is undertaken as part of a Federal Cost Share project (including, but not limited to, projects under the Conservation Reserve Program (CRP), the Wildlife Habitat Improvement Program (WHIP) and/or the Environmental Quality Incentive Program (EQIP), approved by the Natural Resources Conservation Service (NRCS) with a finding of no significant impact under the National Environmental Policy Act and conducted pursuant to the National Handbook of Conservation Practices, consistent with the mandated nine-step planning process including post installation field assessment, shall not be considered to result in a significant environmental impact under this section. Native oak tree removal of protected and unprotected size, as defined in Appendix A, that is subject to and performed consistent with the guidelines for native oak tree removal as set out in Appendix A to this chapter is not subject to the significant environmental impact clause above. All other oak tree removal that involves grading is still subject to the requirements of this chapter.

The term "grading," for purposes of this chapter, shall not include the activities of the County of Santa Barbara, the Santa Barbara County Flood Control and Water Conservation District, the Beach Erosion Authority for Clean Oceans and Nourishment, the State of California, or the United States.

The term "grading," for purposes of this chapter, shall also not include surface mining or quarrying operations (including the extraction and stockpiling of excavated products and the reclamation of mined lands) carried out under a vested rights determination, or under a permit or reclamation plan approval issued pursuant to the county's surface mining and reclamation (SMARA) ordinances (except where such grading is intended to support structures which require building permits). The county's surface mining and reclamation ordinances contain provisions for the imposition of appropriate engineering and geologic standards and other environmental mitigation requirements for surface mining permits and reclamation plans, together with associated fees payable to the director.

(b)

Aside from areas designated as open space on the Orcutt Community Plan Open Space Areas Map, these regulations shall not apply to the following exceptions:

(1)

The stockpiling of rock, sand or aggregate involved in the construction of a building authorized by valid county building permit, as it appears on approved plans;

(2)

Excavation and fill of trenches for utility lines not exceeding twenty-four inches wide or an average of five feet deep, or holes for utility poles or anchors and minor grading accessory thereto;

(3)

Excavation and fill of trenches for maintenance and repair of existing oil and natural gas transmission lines, within established petroleum producing areas not exceeding five hundred cubic yards of material or twenty-four inches wide or an average of five feet deep. The grading shall not occur within two hundred feet of an exterior boundary of a petroleum producing area or within two hundred feet of any residential development including three or more housing units:

(4)

The initial excavation and fill necessary to effect such temporary repair or maintenance of oil and gas and utility lines (located outside of an existing oil producing area) as can be completed within seven days of commencement where such excavation or fill does not exceed a total of one hundred cubic yards of material and where all work is protected, as may be required, by a safety fence or other similar protective device;

(5)

Temporary holes or trenches for geological, geotechnical and archeological exploration, not exceeding one hundred cubic yards of material, where such holes or trenches are protected by a safety fence meeting Occupational Safety and Health Agency standards;

(6)

The excavation of material below finished grade for tanks, vaults, basements, swimming pools, bomb shelters or footings of a building or structure where such excavation is authorized and under the provisions of a valid county building permit; fill placed in excess of fifty cubic yards, even if fill is obtained from exempt excavations as noted above, require permits as outlined in this chapter;

(7)

The excavation or deposit of earth materials within a property dedicated, used, or to be used, for cemetery purposes, except where such grading is intended to support structures or affects natural drainage patterns;

(8)

The maintenance and construction work by or under contract with the Santa Barbara County Flood Control and Water Conservation District within prescribed easements or lease agreements;

(9)

The digging of trenches or holes for utility poles and anchors, or underground electric and natural gas vaults that do not exceed fifty cubic yards in volume, by public companies within their easements and that are regulated by the California Public Utilities Commission;

(10)

Non-agricultural land disturbance where the area disturbed is, less than one acre, is not within an environmentally sensitive area and is outside the watercourse/drainageway setback (see section 14-9.2b of this chapter for nonagricultural land disturbance permit requirements);

(11)

Maintenance of existing non-agricultural roads and driveways where the cut or fill does not: exceed eight inches, increase the footprint of the roadway, or alter the drainage pattern: Maintenance of existing roads or driveways within this exemption shall not be construed to cause any change to the natural contour;

(12)

Maintenance of existing agricultural support roads and drainage facilities as exempted in section 14-8; including but not limited to, drainage swales, tail water ditches, siltation basins, reservoirs, etc.

(c)

The digging of trenches or holes under the specific authority of a public agency within their prescribed easements and not exempt under subsections (b)(2) or (b)(3) of this section will be subject to a plan review for determination of whether a full grading permit will be necessary. Such plan review shall include an evaluation of environmental and accepted engineering practices.

(Ord. No. 4766, 11-9-2010; Ord. No. 5009, § 1, 9-19-2017)