15.04.150 Exemptions from applicability designated.
No person shall do any land development work without first having obtained a land development permit or clearing and grubbing permit, except for the following:
A. The depositing of materials in any disposal area operated or licensed by the City;
B. The making of excavation on any site or contiguous sites held under one ownership, in which all of the following are characteristic of the work:
1. A cut slope having a maximum steepness of three horizontal to one vertical,
2. A cut having a maximum vertical depth of three feet at any point and a maximum average depth of 18 inches,
3. No adverse effect upon an existing drainage pattern,
4. A top of slope no closer than one foot from an exterior boundary line, and
5. The movement of less than 250 cubic yards of material;
C. The making of an embankment on any site or contiguous sites held under one ownership, in which all of the following are characteristic of the work:
1. None of the embankment exceeds three feet in vertical depth or has an average maximum depth in excess of 18 inches,
2. None of the embankment is placed on existing ground having a slope steeper than five horizontal to one vertical (5:1),
3. Proposed fill slopes are no steeper than three horizontal to one vertical (3:1),
4. The embankment does not change or adversely affect the existing drainage pattern,
5. Adequate provisions are proposed to protect the embankment from erosion,
6. The toe of the embankment is no closer than one and one-half feet to an exterior property line, and
7. The total volume of embankment does not exceed 250 cubic yards of material;
D. Excavation for foundations of buildings, structures, basements, cellars, swimming pools or basins which are authorized by appropriate permits obtained from the Development Services Department;
E. Excavation or embankment performed by a governmental agency, franchise holder, or its contractor incidental to the construction of roadways, pipelines, or utility lines within its rights-of-way;
F. “Foundations,” as referred to herein, shall not be construed to include foundations for retaining walls, drainage structures, or other structures appurtenant to the land development;
G. Routine maintenance of ornamental landscaping;
H. Agricultural operations, as defined pursuant to CVMC 17.35.030;
I. Maintenance of vegetation in accordance with an approved habitat management plan, or other such similar plan, if consistent with such plan, and prepared pursuant to the Chula Vista MSCP subarea plan;
J. Maintenance of vegetation in a designated fuel modification zone, consistent with the Chula Vista MSCP subarea plan;
K. Clearing and grubbing in an area located entirely within a mapped development area, as defined by CVMC 17.35.030, where it has been demonstrated to the satisfaction of the Director of Development Services, or designee, that no sensitive biological resources, as defined by CVMC 17.35.030, exist;
L. Clearing and grubbing entirely located in a development area outside of a covered project, as defined by CVMC 17.35.030, in an area that is one acre or less in size, is not part of a larger contiguous clearing and grubbing project, and does not impact sensitive biological resources, wetlands or listed noncovered species, as defined by CVMC 17.35.030. (Ord. 3544 § 1, 2023; Ord. 3005 § 1, 2005; Ord. 1797 § 1, 1978).