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Unless otherwise recommended in a soil or geologic investigation report and approved by the Planning Director, the following shall be used for establishing setbacks for property boundaries, easements, buildings and structures other than fences and retaining walls:

A. Boundaries. Cut-and-fill slopes shall be set back from property lines, easements and rights-of-way in accordance with this section. Setback dimensions shall be measured perpendicular to such boundary lines and shall be as follows:

1. As measured from the top of any cut or fill slope to a boundary line, the setback distance shall be equivalent to the height of the cut or fill slope divided by five (H/5) but no less than two feet and need not exceed 10 feet.

2. As measured from the toe or bottom of any cut or fill slope to a boundary line, the setback distance shall be equivalent to the height of the cut or fill slope divided by two (H/2) but no less than two feet and need not exceed 20 feet.

B. Top of Slope. The setback at the top of a cut slope shall not be less than that described in subsection (A)(1) of this section or than is required to accommodate any required interceptor drains, whichever is greater.

C. Toe of Slope. In addition to the setback described in subsection (A)(2) of this section, where required to protect adjacent property at the toe of a slope from adverse effects of the grading, additional protection shall be included. Such protection shall be approved by the Planning Department and may include but not be limited to:

1. Setbacks greater than those required in subsection (A)(2) of this section;

2. Provisions for retaining walls or similar construction;

3. Additional erosion protection of the fill slopes;

4. Provision for the control of surface waters.

D. Buildings and Structures. Except for fences and retaining walls, excavations and fills shall be set back from buildings and structures a distance of at least one-half the height of the slope (H/2) but no less than five feet, unless a qualified engineer or engineering geologist has recommended otherwise.

E. Waterways and Wet Meadow Areas. Any ground disturbing activities associated with a grading project, including the removal or covering over of vegetation, shall be set back from intermittent or ephemeral streams or drainages a distance of 50 feet; and from perennial streams, ponds, lakes, reservoirs and wet meadow areas a distance of 100 feet; except when conducted in accordance with the provisions and conditions of all necessary permits approved by the Department of Fish and Game, the regional water quality control board, the Department of Forestry and Fire Protection, the U.S. Army Corps of Engineers, or other responsible agency having jurisdiction over the proposed project. The permittee shall be responsible for adequately protecting stream resource values, recreational uses, wildlife habitat, and aesthetic values of all drainages, waterways and potential wetlands from damage, or from sedimentation or discharges of any kind escaping from the grading project into these features.

F. Modification of Setbacks. The Planning Director may approve alternate setbacks. The Planning Director may require an investigation and recommendation by a qualified engineer or engineering geologist to demonstrate that the intent of this section has been satisfied.