(A) No person shall conduct any grading, excavation, earth moving, filling, clearing, brushing or grubbing on natural or existing grade, or perform work that is preparatory to grading, without first having obtained a valid grading permit in accordance with this chapter, except for the following:
(1) An excavation below finished grade for basements and footings for a building, mobile home, retaining wall, septic system, or other structure authorized by a valid building permit or excavation permit. This shall not exempt any excavation having an unsupported height greater than five feet after the completion of such structure, or an unsupported excavation with vertical banks more than two feet high. This shall not prohibit a minimum fee grading permit or soil or geologic report from being required for foundation design and inspection purposes when, in the opinion of the Director of Public Works, stability considerations warrant such inspection;
(2) Cemetery graves;
(3) Refuse disposal sites controlled by other regulations or agencies;
(4) Earthwork or construction controlled by the federal, state, county or city governments or by a local agency as defined by Government Code Sections 53090 through 53095 (special districts); pipeline or conduit excavation and backfill conducted by local agencies or public utilities. This exemption, however, shall apply only when the earthwork construction takes place on the property, or dedicated rights-of-way or easements of the above agencies;
(5) Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or public property encroachment permit. Notwithstanding this exception, backfill shall comply with division (D) of § 162.460, Compaction;
(6) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressures upon any adjacent or contiguous property, or alter the orientation of natural water courses which may result in adverse changes on adjoining property;
(7) Exploratory excavations under the direction of soil engineers, archaeologists or paleontologists, engineering geologists, provided all excavations are properly backfilled or otherwise restored;
(8) An excavation which does not exceed 50 cubic yards on any site and which is less than two feet in vertical depth and does not adversely affect the stability of any existing slopes or alter drainage conditions;
(9) A fill less than one foot in depth, placed on a natural grade with a slope flatter than five horizontal to one vertical, which does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course;
(10) Except within an identified resource conservation area, or when determined otherwise by the Director of Public Works, clearing, brushing and minor grading for agricultural or livestock purposes provided all excavated material is placed on the same site and such operations do not affect the lateral support or increase the stresses in or pressures on any contiguous property, or block or divert any natural water courses, or result in dumping or organic or hazardous waste, or cause unreasonable downstream siltation. This grading includes, but is not limited to, contour grading to provide for orchard planting, minor leveling not exceeding three vertical feet of either excavations or fill of two crops, installation of irrigation systems, and stockpiling of fertilizer or other amendments.
(B) The exceptions stated in this § 162.040 do not apply to any excavation incorporating a slough wall with a height of three feet or more.
(Ord. 1449, passed 10-19-05)