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This Section provides regulations for disturbances to fragile desert soils in order to reduce the amount of fugitive dust that may (for long periods of time) adversely affect those who own; possess, control; or use residential parcels of land; and those who are located downwind of a residential parcel of land whose surface is being disturbed.
(a) Applicability. The provisions in this Section apply to parcels in the Desert Region that are one acre or greater in size and are utilized for residential purposes.
(b) Permit Requirements. A land use permit shall not be required for grading, land clearing, or vegetation removal activities that comply with Subdivision (c) (Dust Control Standards - Desert Region), below. If more extensive grading, land clearing, or vegetation removal activities are proposed than allowed in Subdivision (c), the activities shall be require approval of a Site Plan Permit in compliance with Chapter 85.08 (Site Plan Permit).
(c) Dust Control Standards - Desert Region. Land shall be cleared or natural vegetation shall be removed only in order to provide for the installation of building pads, driveways, landscaping, agriculture, or some other structure or allowed use normally related or accessory to residential uses. No person, except as provided in this Chapter, shall commence with a disturbance of land (e.g., grading or land clearing) without first obtaining approval to assure that said disturbance will not result in a significant increase of fugitive dust. Said approval may be in the form of a development permit.
(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)