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(1) Any act lawfully done pursuant to Chapter 3 (Excavations, Fills and Obstructions) or 4 (Construction) of Division 1 (Protection of Highways) of Title 7 of this Code.
(2) Work performed by the Federal Government, the State of California, the County of San Diego or their agents or contractors. (Note that the County of San Diego is not a "person" to whom this Division applies; see Section 87.803(27) of this Division.)
(3) Acts of the owner of the watercourse in the routine maintenance thereof, provided such acts do not impair, impede or divert the flow of water in such watercourse.
(4) Acts of persons engaged in natural resource extraction operations performed pursuant to a Use Permit, provided such acts are normally and routinely associated with such pursuits and provided further that such acts do not substantially impair, impede, or divert the flow of water in the watercourse.
(5) Repair, reconstruction or improvement to existing structures, provided it:
(aa) is not a substantial improvement (as defined in Section 87.602(d));
(bb) is designed and anchored to prevent flotation, collapse or lateral movement of the structure;
(cc) uses construction materials and utility equipment that are resistant to flood damage; and
(dd) uses construction methods and practices that will minimize potential flood damage.
(6) Construction of parking facilities within the flood plain fringe area below the 100-year flood level, provided:
(aa) The parking facility will service a non-residential building; or
(bb) The structure is open and will not impede the flow of flood waters.
(1) Sec. 87.202(d): Specified agricultural tilling or cultivating.
(2) Sec. 87.202(e): Specified utility construction.
(3) Sec. 87.202(f): Emergency watercourse grading.
(4) Sec. 87.202(g): Specified surface mining operations.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03)
Where grading proposed by grading plans or improvement plans would be within or would affect a watercourse, the following requirements shall apply, in addition to the requirements specified in Chapter 2 of this Division:
(a) The County Official shall not approve the grading plans or improvement plans unless he or she has evaluated and determined that the proposed grading is consistent with the San Diego County general plan; provided that, if the proposed grading is associated with a subdivision or other land development project which has been approved by a County decision making body which determined the project to be consistent with the general plan, the County Official shall instead evaluate whether the proposed grading is consistent with such prior project approval and shall not approve the plans if they are not consistent with the prior approval.
(b) The County Official shall not approve the grading plans or improvement plans unless he or she determines that the proposed grading does not create an unreasonable hazard of flood or inundation to persons or property.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03)
(a) Notwithstanding any other provision of this Division or any other County Ordinance, an emergency watercourse grading permit may be granted solely for the removal of silt, sand and debris from a watercourse, upon a finding that an emergency exists on public or private property. The permit may be granted by the County Official for the removal of up to 10,000 cubic yards of silt, sand and debris, or by the Board of Supervisors for amounts in excess of 10,000 cubic yards. For purposes of this section, "Emergency" means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of or damage to life, health, property, or essential public services. "Emergency" includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage, (see Section 15025, Title 14 of the California Administrative Code) or projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish or replace property or facilities damaged or destroyed as a result of a disaster in a disaster stricken area in which a state of emergency has been proclaimed pursuant to Chapter 7 of Division 1, Title 2 of the Government Code (see Section 15071, Title 14 of the California Administrative Code).
(b) The emergency watercourse grading permit shall be granted for such periods of time as the County Official or Board shall deem to be reasonable and necessary or advisable under the circumstances, and upon such conditions as the County Official or Board deems necessary to insure the health, safety and welfare of the affected persons or the protection of the affected properties, and to assure that the work shown is in accordance with County Plans and Specifications. Such permit shall be granted to the owner of the property or the authorized agent of the owner.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)
The property owner is responsible for the timely maintenance of any watercourse on the owner's property. "Maintenance" means cleaning, removing obstructions and repair of existing facilities. Obstructions shall include vegetation, shrubs, trees, tree stumps, limbs and foliage, debris, trash, rubbish, waste matter, deposits of dirt, silt, sand or rock, walls, structures, building materials or any other material which may impede, impair, restrict or divert the flow of water from its natural course. (In the case of live vegetation, any required permits and approvals shall be obtained prior to removal.) The owner shall obtain any approvals or permits required by federal or state law (such as section 404 of the Federal Water Pollution Control Act (33 U.S. Code Section 1344) or section 1600 and following of the Fish & Game Code for such work. Failure to maintain a watercourse in a safe and unobstructed condition is hereby declared to be violation of this section, and a public nuisance.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03)
All work under the provisions of this Chapter shall be performed under the general supervision and coordination of a civil engineer unless waived by the County Official for small projects (or minor work) or the work is supervised by an agency of the Federal or State government.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03)