Involves excavating less than two feet in depth,

Does not create a cut slope greater than two feet in height and steeper than two horizontal to one vertical,

Involves fill slopes less than one foot in depth and placed on a natural terrain with a slope flatter than five horizontal to one vertical,

Does not exceed 200 cubic yards on any one lot, or

Does not impact a drainage course (as determined by resource agencies).

General vicinity of the proposed site;

Property limits and accurate contours of existing ground and details of terrain and area drainage;

Limiting dimensions, elevations, or finish contours to be achieved by the grading, and proposed drainage channels and related construction;

Detailed plans of all surface and subsurface drainage devices, including brow ditches, walls, cribbing, dams, protective fencing, and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains;

Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners that are within 15 feet of the property or that may be affected by the proposed grading operations;

Location and identification of any existing sensitive biological species, sensitive biological habitat, mature trees, or protected trees pursuant to section 33-1068(c);

Letter of permission from property owner for any off-site grading;

For projects greater than five acres, the Regional Water Quality Control Board's notice of intent file number.

It is reasonably likely that the ultimate development of the land to be graded cannot occur without further grading requiring zoning administrator or director approval pursuant to the provisions of section 33-1066(c) of the criteria for grading design; or

There is no approved development plan or environmental clearance under CEQA for the property to be graded; and

The proposed grading may substantially limit development alternatives for the property; and

It is probable that development of the property will require discretionary approvals (such as, but not limited to, a tentative subdivision or parcel map, a conditional use permit, or a planned development approval) by the city; or

The proposed grading is detrimental to the public health, safety, or welfare; or

The proposed grading is not in conformance with the requirements of sections 33-1068 through 33-1069, clearing of land and vegetation protection.

Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan;

Rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below grade, measured vertically;

Rocks shall be placed so as to ensure filling of all voids with fines.

No proposed fills are greater than 10 feet in maximum depth;

No proposed finish cut or fill slope faces have a vertical height in excess of 10 feet;

No existing slope faces, which have a slope face steeper than 10 horizontally to one vertically, have a vertical height in excess of 10 feet.

All construction projects involving site grading shall include erosion control plans prepared by a registered civil engineer and approved by the city engineer.

Prior to issuance of grading permit, or issuance of building permit for projects that do not require grading permit, a refundable cash security shall be posted to pay for the costs incurred by the city for cleanup or damage caused by erosion resulting from project construction. Amount of cash security shall be 10% of the total estimated cost of grading work, a minimum $5,000 and maximum $30,000. However, for the development of a single-family residence that does not require a grading permit, this cash security shall be in the amount of $2,000.

Temporary and permanent erosion control devices, in accordance with the stormwater management requirements, shall be provided to control erosion at all times.

All public rights-of-way, including, but not limited to, paved streets, sidewalks, and parkway areas shall be maintained free of loose soil, mud, construction debris, and trash at all times.

Graded building pads shall be provided with on-site erosion control system designed by a registered civil engineer and approved by the city engineer.

The project owner shall provide sufficient equipment and qualified personnel to conduct emergency erosion control methods at all times. A 24 hour emergency contact person and telephone number shall be provided to the city engineer or his authorized representative.

The project owner shall be responsible for continual maintenance and inspection of the erosion control system. In the event of failure or refusal by the project owner to properly maintain the system, the city engineer may cause emergency maintenance work to be done to protect public and private property. The cost shall be charged to the property owner.

In the event that the city engineer must authorize emergency maintenance work to be done, he may revoke the grading permit by written notice to the property owner. The permit shall not be reissued until the erosion control system is reviewed and any necessary revisions as approved by the city engineer. Also, if the cash security for grading, cleanup and emergency work is drawn upon, the amount used for the emergency work by the city contractor shall be replaced prior to re-issuance of the grading permit.

All manufactured slopes less than three feet in vertical height, or existing slopes stripped of vegetation shall be landscaped with suitable ground cover or installed with an erosion control system to the satisfaction of the director.

All manufactured slopes over three feet in vertical height shall be landscaped with ground covers, shrubs and trees and shall be provided, with permanent irrigation system, to the satisfaction of the director.

Failure to maintain slope planting in a satisfactory condition may cause the slopes to be replanted by the city or its contractor and the cost assessed to the owner.

Minimizing areas that are cleared and graded to only the portion of the site that is necessary for construction;

Minimizing exposure time of disturbed soil areas;

Minimizing grading during the wet season and correlation of grading with seasonal dry weather to the extent feasible;

Limiting grading to a maximum disturbed area as specified in the storm water management plan before either temporary or permanent erosion controls are implemented to prevent storm water pollution;

Temporarily stabilizing and reseeding disturbed soil areas as rapidly as feasible;

Preserving natural hydrologic features where feasible;

Preserving riparian buffers and corridors where feasible;

Maintaining all BMPs, until removed; and

Retaining, reducing and properly managing all pollutant discharges on site to the maximum extent practical.

Installing erosion prevention BMPs as the most important measure for keeping sediment on site during construction, but never as the single method;

Installing sediment controls as a supplement to erosion prevention for keeping sediment on site during construction;

Stabilizing all inactive slopes during the rainy season and during rain events in the dry season;

Stabilizing all active slopes during rain events regardless of the season; and

Permanently revegetating or landscaping as early as feasible.

Soil erosion potential or soil type;

The site's slopes;

Project size and type;

Proximity to receiving water bodies;

Non-storm water discharges;

Ineffectiveness of other BMPs; and

Any other relevant factors.

A record grading plan prepared by the civil engineer including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. He or she shall provide approval that the work was done in accordance with the final approved grading plan.

A soil grading report prepared by the soils engineer including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the soils engineering investigation report. He or she shall provide approval as to the adequacy of the site for the intended use.

A geologic grading report prepared by the engineering geologist including a final description of the geology of the site including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. He or she shall provide approval as to the adequacy of the site for the intended use as affected by geologic factors.

Any grading or clearing which is done in violation of any provision of this chapter shall be a misdemeanor punishable by a one thousand dollar ($1,000.00) fine. Each day or any portion of a day that any person violates or continues to violate any provision of this chapter will constitute a separate offense and may be charged and punished separately without awaiting conviction on any prior offense.

Any grading or clearing which, according to a field inspection of the property, was done in violation of the city's grading regulations shall be grounds for denying for five years all applications for land use and development approvals of any sort, including, but not limited to, grading permits, major and minor subdivisions, rezones, specific plans, specific plan amendments, and general plan amendments proposed for the property on which the violation occurred. The five year period shall commence from the date of the violation, if documented, or from the date of discovery of the violation as determined by the city engineer based on reasonable evidence.

Upon evidence that mitigation measures have been taken to rehabilitate the site, or that other appropriate measures have been taken to mitigate the adverse effects of the illegal grading or clearing, the city council may waive any penalty imposed by this section.

Extensive slope areas that are easily visible from outside the development shall be avoided;

Fill slopes shall not block views from surrounding properties;

Cut slopes shall not adversely affect the safe operation of adjoining septic systems;

Any significant grading feature that may intrude into or disturb surrounding property shall be avoided.

Fill slopes within 50 feet of the property line shall be limited to five feet in height. Fill slopes in this location between five and 10 feet in height may be allowed, subject to the approval of the director;

Fill slopes beyond 50 feet from the property line shall be limited to 20 feet in height;

Fill slopes adjacent to existing public and private streets shall be limited to 10 feet in height;

Cut slopes within 50 feet of the property line shall be limited to 20 feet in height;

Any fill slope within 50 feet of the property line that is in excess of 10 feet in height;

Any fill slope beyond 50 feet of the property line that is in excess of 20 feet in height;

Any cut slope in excess of 20 feet in height;

Any cut slope steeper than two to one (2:1) ratio that is determined by the director to impact adjacent properties.

The criteria contained within section 33-1066;

The stability of the slope;

The impact of the slope on surrounding properties;

The reason for the slope; and

Whether reasonable alternatives to the proposed design are available.

Grading should follow the natural topographic contours as much as possible (See figure 2);

Manufactured slopes should be rounded and shaped to simulate the natural terrain (see Figure 2);

The toe and crest of any slope in excess of 10 feet in vertical height should be rounded with vertical curves of radii no less than five feet, designed in proportion to the total height of the slope, when space and proper drainage requirements can be met with an approval by the city engineer (see Figure 3). The setbacks from such slope shall be determined as shown on Figure 1. When slopes cannot be rounded, vegetation shall be used to alleviate a sharp, angular appearance;

Manufactured slopes shall blend with naturally occurring slopes at a radius compatible with the existing natural terrain (see Figure 3);

Manufactured slopes shall be screened from view under or behind buildings or by intervening landscaping or natural topographic features. Where possible, grading areas shall be designed with manufactured slopes located on the uphill side of structures, thereby hiding the slope behind the structure (see Figure 4);

Retaining walls shall be designed with smooth, continuous lines that conform to the natural hillside profile to the extent possible (see Figure 5).

Undisturbed steep slopes greater than 35%;

Riparian areas, mitigation areas, and areas with sensitive vegetation or habitat;

Unusual rock outcroppings;

Other unique or unusual geographic features;

Significant cultural or historical features.

High slopes (over 20 feet) shall be screened with appropriate landscaping, and efforts shall be made in the plotting of structures to screen slopes to the maximum extent possible.

Drought-tolerant and native species shall be utilized wherever possible to minimize water usage. Refer to the fire department's "Wildland/Urban Interface Standards" for planting requirements on slopes adjacent to high fire zone areas.

Minimum site standards. The following provisions shall apply to residential hillside areas, except that the city engineer may approve modifications to these requirements upon demonstration that any such proposed modifications represent a desirable integration of both site and unit design, and excepting further that these requirements are not intended to require additional grading on existing lots or parcels. For the purposes of this section, "usable" is defined as having a gradient not exceeding that of the balance of the building pad, or 10% whichever is the lesser.

Within single-family districts, a usable rear yard of at least 15 feet from building to slope shall be provided. Within multiple-family districts, a usable rear yard of at least 10 feet from building to slope shall be provided. This requirement may be modified to the extent that (A) equal usable area is provided elsewhere on the lot other than within the required front yard; and (B) it is demonstrated that the unit is designed to relate to the lot design;

Within single-family districts where a 10 foot side yard is required, at least five feet of the side yard shall be usable as defined above;

Retaining walls may not be used within required usable side or rear yards unless approved by the director. Retaining walls so used will be counted as part of the total permitted slope height.

Grading on natural slopes of 25% to 35% shall only be permitted for the construction and installation of roads, utilities, garage pads, and other limited pad grading that can be shown to be sensitive to the existing terrain.

Repair or reconstruction of homes damaged or destroyed by fire or other cause;

Projects for which a grading or building permit was issued prior to the effective date of the ordinance codified in this chapter, which permit was still valid as of said effective date and which has not since expired;

Grading necessary to correct a slope failure or other ground failure if such correction is deemed by the city engineer to be an emergency, i.e. a situation where life and/or property is threatened. Such corrections might include buttressing or replacement of a slope failure, repair of earthquake damage, removing a slide from a roadway, or similar actions;

All public roads identified in the circulation element of the Escondido General Plan, provided that findings of fact are made that no less environmentally damaging alternative alignment or non-structural alternative measures or combination of measures exist;

Local public streets or private roads which are necessary for access to the portion of the site to be developed on slopes of less than 35%, provided no less environmentally damaging alternative exists;

Trails for passive recreational use according to the approved parks and trails master plan;

Development of public utility systems, including water reservoirs, and not including private antennas, provided that findings of fact are made that the least environmentally damaging alignment has been selected;

Final maps recorded, and tentative tract maps and parcel maps approved and/or deemed complete prior to the date of adoption of the ordinance codified in this chapter. However, development, grading, and landscaping that has not been specifically approved with the approved map shall be reviewed for compliance with these regulations to the extent possible within the framework of the approved plans.

Slope analysis of the natural topographic features showing the following slope categories and the acreage/square footage for each slope category:

The slope analysis shall generally be prepared at a scale no smaller than one inch equals two hundred feet (1″ = 200′) utilizing contour intervals of no more than 10 feet. Exceptions may be granted by the director based on the size and slope of the property. Small isolated areas of slope over 35% will be reviewed by the director for their development potential.

An overlay of the slope analysis and the proposed development indicating the location of proposed pads, structures, streets, driveways, retaining walls, and any other site improvements, and all proposed grading including cut and fill lines and maximum slope heights and gradients.

Location of significant geological features, including bluffs, ridgelines, cliffs, canyons, rock outcroppings, stream courses, and other significant natural features specified in the open space element of the general plan, including the exact location of any skyline and intermediate ridge identified on the hillside and ridgeline overlay map on file with the Escondido planning division;

Location of all existing mature and/or protected trees as defined in section 1052 of this article, and other significant biological features, or sensitive species or habitats, indicating retention, relocation, or removal;

Location, dimension, cross sections, building materials and top/bottom elevations of any proposed retaining, crib and stem walls and fences.

All development shall be sited to avoid potentially hazardous areas and environmentally sensitive areas as identified in the open space element of the general plan or as part of the environmental review, as well as to avoid dislocation of any unusual rock formations or any other unique or unusual geographic features (see Figure 6);

Natural drainage courses shall be preserved, enhanced, and incorporated as an integral part of the project design to the extent possible. Where required, drainage channels and brow ditches shall follow the existing drainage patterns to the extent possible. Drainage channels and brow ditches shall be placed in inconspicuous locations and receive a naturalizing treatment including native rock, colored concrete, and landscaping, so that the structure appears as an integral part of the environment;

Grading shall be limited to the extent possible and designed to retain the shape of the natural landform (see Figure 6). Padded building sites are allowed, but site design and architecture techniques (such as custom foundations, split level designs, stacking, and clustering) shall be used to mitigate the need for large padded building areas. Grading must be designed to preserve natural features such as knolls or ridgelines. In no case may the top of a prominent hilltop, knoll, or ridge be graded to create a large building pad;

The use of retaining walls, plantable walls, and terraced retaining structures is encouraged when such use can eliminate the need for extensive cut or fill slopes. Retaining walls shall typically have a height of five feet or less. Plantable walls shall be used instead of retaining walls above six feet in height. Terraced retaining structures shall be considered on an individual lot basis when their use can avoid the need for extensive manufactured slopes and retaining walls (see Figure 7);

Slopes steeper than two to one (2:1), appropriately designed by a geotechnical engineer, may be permitted subject to zoning administrator or director approval when such slopes preserve the significant environmental characteristics of the site or substantially reduce the need for extensive cut and fill slopes (see Figure 8);

All roads shall comply with the design standards for rural roads;

Circulation shall be aligned to conform to the natural grades as much as possible within the limits of the city's street design standards (see Figure 9);

Grading for the construction of access roads or drainageways shall be minimized so that the visual impacts associated with such construction are mitigated to the greatest extent possible;

Common drives in single-family developments shall be considered if grading is reduced by their use;

The construction of access roadways or driveways shall be accompanied by sufficient berming and landscaping/erosion control so that visual impacts associated with such construction are promptly mitigated (see Figure 10);

Accessory buildings on sloping lots. If the city engineer determines that no hazard to pedestrian or vehicular traffic will be created, a garage or carport may be built to within five feet of the street right-of-way line, if:

Grading shall be utilized only for the construction and installation of roads, utilities, garage pads, and other limited pad grading that is shown to be sensitive to the existing terrain.

Proposed structures shall utilize split pads, stepped footings, and grade separations in order to conform to the natural terrain (see Figure 11). Detaching parts of a dwelling such as a garage, utilizing below grade rooms, and using roofs on lower levels for the deck space of upper levels shall be considered. Other structural designs such as stilt or cantilevered foundations and earth-sheltered or earth-bermed buildings that fit the structure to the natural contours and minimize grading may be considered on a case-by-case basis. Deck construction with excessively high distances between the structure and grade shall be avoided.

The rear yard shall not exceed 20 feet measured parallel to the slope if the rear yard requires a grading exemption.

Accessory structures, swimming pools, tennis courts, and similar uses shall not be constructed if such construction requires a grading exemption.

Single-level residential structures shall be oriented such that the greatest horizontal dimension of the structure is parallel with, and not perpendicular to, the natural contour of the land (see Figure 11).

Building height shall be as permitted by the underlying zoning as measured from the natural grade at any point of the structure (see Figure 12).

The slope of the roof shall be oriented in the same direction as the natural slope, and in developments that include a number of individual buildings, variation shall be provided to avoid monotony (see Figure 12).

Architectural treatment should be provided on all sides of the structure visible from adjacent properties, roadways, or public rights-of-way. Building materials and color schemes should blend with the natural landscape of earth tones for main and accessory structures, fences, and walls. Reflective materials or finishes should not be used.

Only single-story structures or portions of multiple single-story-stepped structures designed to conform to the site shall be permitted to project above the ridgeline;

The minimum width of the lot measured parallel to the protected ridge at the proposed building site is not less than 200 feet;

Grading should conform to the natural terrain to the extent possible. Extensive manufactured slopes and retaining walls should be avoided. In no case should the top of a ridge be graded to provide a large building pad;

Any building or structure in proximity to an intermediate ridge should be located and designed to minimize its impact upon the ridgeline. Techniques such as use of subordinate or hidden location, split foundations adjusted to the slope, single-story structures, roofline following the slope, and colors and materials that blend with the natural environment should be used;

Landscaping should be utilized to recreate the linear silhouette and to act as a backdrop for structures. Trees that grow to at least one and one-half (1½) times the height of the structure should be planted between buildings to eliminate the open gap and blend the rooflines into one continuous silhouette.

The ridgelines' natural contour and vegetation shall remain intact with development maintaining an undisturbed minimum setback of 200 feet measured horizontally from the center of the ridgeline on a topographic map, or 50 feet measured vertically on a cross-section, whichever is more restrictive. Lesser setbacks may be authorized if it can be demonstrated that no structure or portion of a structure will obstruct the view of the ridge as seen from major points defined during the application process. Points of view to be used for the visual analysis shall generally be taken along major roads including Interstate 15, Del Dios Highway, Centre City Parkway, Bear Valley Parkway, North Broadway, El Norte Parkway, and Valley Parkway; and major public open space areas including Lake Hodges, Lake Wohlford, Lake Dixon, and Kit Carson Park, as applicable to the proposed project. The exact points of view will be from the most critical points as determined by the combination of points from which the proposed development is most visible and points at which the highest public use occurs (e.g., playfields, picnic areas). The distance of the viewpoints from the ridgeline shall generally be no more than five miles and no less than 1/2 of a mile. The sensitive viewshed areas and the exact points of view for each proposed project will be identified prior to the project submittal to the satisfaction of the director. The decision of the director will be appealable to the planning commission.

The area along a skyline ridge shall be dedicated to the city as a scenic easement not intended for public access in conjunction with any development that may occur on the property. The owner shall be responsible to retain, maintain, preserve, and protect the public views of these areas in their natural state without obstruction by structures. A scenic easement shall not prohibit clearing of brush or planting of vegetation that is necessary to reduce fire hazards.

Development of one single-family home on a lot legally created prior to adoption of the ordinance codified in this article will be exempt from the requirements of subsections (e)(1) and (e)(2) of this section. Such development will be subject to the requirements of section 33-1067.F(d).

Requests to remove and replace trees located within the public right-of-way shall be submitted to the city engineer pursuant to Article 62 of this chapter.

A vegetation removal permit shall be obtained prior to any encroachment by new construction or improvements into the dripline of protected and required trees.

On developed and undeveloped lots of less than two acres, a vegetation removal permit shall be obtained prior to clearing, pruning, or destroying sensitive biological species, sensitive biological habitat, protected trees and/or required landscaping.

On developed and undeveloped lots two acres or larger, a vegetation removal permit shall be obtained prior to clearing, pruning, or destroying vegetation, and prior to any encroachments by new construction or improvements that disturb the root system within the dripline of mature trees.

A vegetation removal permit is not required when the clearing of vegetation is proposed as part of a development project requiring another administrative or discretionary application approval.

Brush management and clearing, under the order of the city fire marshal, that does not destroy or remove or affect sensitive biological species or sensitive biological habitats, or as allowed pursuant to agreements with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. This exception shall apply only to the minimum amount of clearance necessary as determined by the director.

Clearing authorized by a valid grading permit issued by the city engineer.

Trees that pose a safety, health hazard, or public nuisance as determined by a peace officer, fireman, civil defense official, code enforcement officer, or designated public works representative.

Plant material planted, grown and/or held for sale as part of a licensed nursery business or agriculture production in which vegetation, except protected trees and sensitive biological habitats, must be removed in order to conduct normal farming practices.

Removal of trees for improvement projects constructed by the City as a part of the city capital improvement program shall be reviewed by the director on a case-by-case basis to determine if they are subject to the provisions of this ordinance.

Routine maintenance as defined in section 33-1052 in conjunction with an existing development, agricultural production, or park and street tree maintenance as well as removal, replacement, trimming, mowing, and weeding of ornamental landscaping.

Removal of vegetation and mature trees in existing residential development common areas under the control of a homeowner's association to the extent that sensitive biological habitats and sensitive biological species, protected trees, and required landscaping are not affected.

The necessary clearing and pruning of vegetation, excluding sensitive biological species and habitats, when done by a public utility company subject to the jurisdiction of the Public Utilities Commission, for the purpose of protecting or maintaining existing overhead public utility lines or other public utility facility.

A site plan showing the location and type of existing plants, trees, and sensitive biological habitat areas, locations for all existing and proposed buildings or improvements on the property, and the specific area to be cleared;

A tree survey (including the location, dripline, and trunk DBH) of any mature or protected tree(s), whether the tree(s) is intended to be removed or preserved, a relocation site for any mature tree(s) proposed to be relocated, and proposed method of removal. The director may cause to be prepared, at the applicant's expense, a tree replacement and/or protection plan as well as a report by a professional which estimates the health of and the significance of the impacts to the tree(s) to be preserved, removed or relocated, and includes specifications for transplanting and maintenance of the affected tree(s). The report shall also include feasible mitigation measures to reduce potential impacts to the tree(s). The professional may also be required to supervise the relocation of any tree(s);

Photographs of the site and surrounding properties which clearly indicate the existing conditions and existing vegetation;

A biological report, as necessary, or other documentation acceptable to the director, which indicates the quantity and quality of the existing sensitive biological habitat and species, and other vegetation deemed potentially suitable habitat for the California Gnatcatcher or other sensitive biological species. The report shall document all potential impacts on preservation alternatives as well as on the suitability of remaining undisturbed areas to sustain sensitive biological species or habitat on-site and on adjacent properties. A revegetation plan showing mitigation of destroyed habitat shall also be included as necessary;

Statement by the applicant justifying the clearing and/or trimming of vegetation;

An erosion control plan as necessary approved by the city engineer for all areas proposed for clearance.

Whether removal of the vegetation is necessary to construct improvements, or may be avoided through relocation or redesign as determined by the director;

Whether the proposed clearing would result in fragmentation or isolation of sensitive biological species or habitat; or would substantially limit preservation alternatives for the site; or reduce the quality of remaining sensitive biological species or habitat on the site or on adjacent properties below self-sustaining levels;

Whether proposed replacement vegetation ensures no net loss of habitat and quality of the habitat, or no reduction in the quality of required landscaping, as determined by the director or applicable state or federal agency;

Whether the development of the property will require discretionary approvals by the city, or there is an approved development plan for the property;

In the case where the vegetation removal permit involves mature trees and/or protected trees, the director shall consider, in addition to the criteria above, the following:

The proposed vegetation removal is in compliance with all applicable state and federal requirements;

Environmental review for the proposed clearing of vegetation has been completed in conformance with the California Environmental Quality Act (CEQA);

The proposed clearing of vegetation is not premature with respect to future discretionary approvals and preservation options;

The proposed clearing is not under a current stop work order issued for violations of this ordinance; or appropriate corrective measures have been incorporated into the permit application to correct the noticed violation of the stop work order issued by the city;

The public safety will not be compromised by the requested vegetation removal due to plant pests or diseases, soil erosion, or increase in the flow of surface water;

The proposed project is reasonably designed considering site characteristics and plant species involved such that all feasible methods to avoid removing vegetation, or to protect or transplant mature trees, have been incorporated, and adequate replacement of the vegetation is conditioned to be provided at a location approved by the director.

If a permit is approved, the director may attach conditions of approval as deemed necessary.

An issued permit shall be valid for a period of six months from the date of issuance. Extensions of time may be granted by the director for periods not to exceed six months each upon submittal of a written request, prior to the original expiration date, which includes the reason why the extension of time is needed.

No person shall destroy or do any clearing of vegetation and mature trees, nor destroy, clear, trim, or cut protected trees, in violation of this chapter, including deliberately damaging a mature or protected tree so that the removal of the tree is necessary to maintain public safety.

Every feasible effort shall be made to preserve sensitive biological habitat, sensitive biological species, mature trees, and protected trees in-place on the project site through consideration of alternative means of accomplishing the desired action or project, to the satisfaction of the director.

All feasible measures to avoid damage to existing trees and vegetation to remain shall be taken by the owner or developer during clearing, grading, and construction. A report prepared by a professional and provided at the applicant's expense, which provides recommendations on methods to minimize damage to the tree(s), may be required upon determination of the director.

Rigid protective barriers of a type acceptable to the director shall be placed around the dripline of all trees and vegetation designated to remain. The barricades or fencing are to remain in place until completion of all grading and construction.

In conjunction with new construction or improvement projects, no activity, including grading and trenching, that disturbs the root system within the dripline of protected or required trees on all size lots, and also within the dripline of mature trees on lots two acres or larger, shall be permitted unless the proposed disturbance is determined appropriate by the director through the evaluation process established by section 33-1068.C.

All future owners of parcels on which trees or habitat are required to be maintained as a condition of approval shall be responsible for continued maintenance of such vegetation. The director may require a deed restriction, or other appropriate document, which notifies future owners of this requirement and the condition(s) of approval.

Required landscaping which is removed shall be replaced with equivalent plant material consistent with the original requirement(s).

Sensitive biological habitat and sensitive biological species which are removed shall be mitigated either on-site or off-site by the planting of the same habitat species at a minimum ratio of one to one (1:1). Higher replacement ratios, or different plant species, may be required by the director for conformance with other federal, state, or local codes and agreements in effect at the time of the review of the application.

If replacement of sensitive biological species and/or habitat is not feasible on-or off-site, other equivalent mitigation measures may be considered by the director.

If mature trees cannot be preserved on-site, they shall be replaced at a minimum one to one (1:1) ratio. The preferred replacement is a tree(s) of equal size and caliper. Protected trees shall be replaced at a minimum two to one (2:1) ratio.

The number, size and species of replacement trees shall be determined on a case-by-case basis by the director, based on the specific circumstances of each request, the characteristics and condition (size, age and location) of the individual trees involved, and any professional report.

The planting location of the replacement trees may be on-site or elsewhere in the city, as determined by the director.

Replacement trees and habitat mitigation sites shall be maintained in a flourishing manner on a continuing basis.