Milpitas Municipal Code Ch. 13 Grading, Excavation, Paving and Erosion Control

Footnotes:

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Editor's note— Ord. No. 65.145, § 2, adopted November 15, 2016, amended the Code by repealing former Ch. 13, §§ II-13-1—II-13-11, II-13-13—II-13-18, and II-13-23—II-13-46, and adding a new Ch. 13. Former Ch. 13 pertained to similar subject matter, and derived from Ord. No. 65.142, adopted November 19, 2013.

This Chapter shall be known as the City of Milpitas Grading, Excavation, Paving and Erosion Control Ordinance.

(Ord. No. 65.145, § 2, 11/15/16)

The purpose of this Chapter is to set forth rules, regulations, and controls on grading, excavation, paving and earth work construction including cuts, fills, embankments, the cutting and clearing of vegetation, the revegetation of cleared areas, the management of drainage and measures to protect exposed soil surfaces in order to safeguard water ways, promote the public health, safety and welfare and to protect public and private property. And further to encourage the harmonious blend between the built environment and the natural environment, to implement the City of Milpitas adopted General Plan and to insure that the design, scope and location of grading and related activities cause minimum disturbance to terrain and natural features, to provide erosion control and to prevent sedimentation or damage to off-site property.

(Ord. No. 65.145, § 2, 11/15/16)

This Chapter sets forth rules and regulations to control excavation, grading, paving and earth work construction, including fills and embankments; and erosion control; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading construction.

(Ord. No. 65.145, § 2, 11/15/16)

.01

No person shall do any grading, filling, excavation, or clearing of natural vegetation without first having obtained a grading permit from the Office of Building Safety except for the following:

1. An excavation below finished grade for swimming pools, basements and footings of a building, retaining wall pier holes or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than 5 feet after the completion of such structure.

2. Cemetery graves.

3. Refuse disposal sites controlled by other regulations.

4. Excavations for wells or tunnels or utilities.

5. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in, or pressure upon any adjacent or contiguous property.

6. Exploratory excavations under the direction of soil engineers or engineering geologists.

7. An excavation which (a) is less than two feet in depth, and (b) which does not create a cut slope greater than five feet in height and steeper than two horizontal to one vertical, (c) and does not result in the movement of more than 50 cubic yards of material.

8. A fill less than one foot in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical, and less than two feet in depth, not intended to support structures, and which does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course.

.02

Fees shall be as set by Resolution of the City Council of Milpitas.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 301, § 9, 8/20/19; Ord. No. 65.145, § 2, 11/15/16)

Whenever the Building Official determines that any existing excavating or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, the Lessee thereof or other person or agent in control of said property, upon receipt of notice in writing from the Building Official, shall within the period specified therein, repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this Chapter.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 65.145, § 2, 11/15/16)

For the purposes of this Chapter the definitions listed hereunder shall be construed as specified in this section.

.01

APPROVAL shall mean a written engineering or geological opinion concerning the progress and completion of the work.

.02

AS-GRADED is the surface conditions extant on completion of grading.

.03

BEDROCK is in-place solid rock.

.04

BENCH is a relatively level step excavated into earth material on which fill is to be placed.

.05

BORROW is earth material acquired from an off-site location for use in grading on a site.

.06

BUILDING PAD, the ground under the building.

.07

CIVIL ENGINEER shall mean a professional engineer registered in the state to practice in the field of civil works.

.08

CIVIL ENGINEERING shall mean the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil work for the beneficial uses of mankind.

.09

COMPACTION is the densification of a fill by mechanical means.

.10

CUT. See Excavation.

.11

DOWNDRAIN. A device for collecting water from a swale or ditch located on or above a slope, and safely delivering it to an approved drainage facility.

.12

EARTH MATERIAL is any rock, natural soil or fill and/or any combination thereof.

.13

ENGINEERING GEOLOGIST shall mean a geologist experienced and knowledgeable in engineering geology.

.14

ENGINEERING GEOLOGY shall mean the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

.15

EROSION is the wearing away of the ground surface as a result of the movement of wind, water and/or ice.

.16

EXCAVATION is the mechanical removal of earth material. Also referred to as a CUT.

.17

FILL is a deposit of earth material placed by artificial means.

.18

GRADE shall mean the vertical location of the ground surface.

.19

EXISTING GRADE is the grade prior to grading.

.20

ROUGH GRADE is the stage at which the grade approximately conforms to the approved plan.

.21

FINISH GRADE is the final grade of the site which conforms to the approved plan.

.22

GRADING is any excavating or filling or combination thereof.

.23

KEY is a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.

.24

SITE is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

.25

SLOPE is an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

.26

SOIL is naturally occurring superficial deposits overlying bedrock.

.27

SOIL ENGINEER shall mean a Civil Engineer experienced and knowledgeable in the practice of soil engineering.

.28

SOIL ENGINEERING shall mean the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.

.29

TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

(Ord. No. 65.145, § 2, 11/15/16)

.01

Permits Required. Except as exempted in Section II-13-4 of this Chapter, no person shall do any grading without first obtaining a grading permit from the Office of Building Safety. A separate permit shall be required for each site, and may cover both excavations and fills.

.02

Issuance. The provisions of Section II-13-7 are applicable to grading permits. The Building Official may require that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time permit was issued.

.03

Application. The application for a grading plan shall include:

1. A Site Map.

2. A Grading Plan.

3. An Erosion Control Plan.

4. Any supplementary material as required by the Building and Safety Department.

5. Work schedule.

6. Application fees.

7. Estimated quantities of material involved.

.04

Plans and Specifications. Each application for a grading permit shall be accompanied by five sets of plans and two sets of specifications, they shall specify the amount of cut, fill export, and import, and supporting data consisting of a soil engineering report and engineering geology report. The plans and specifications shall be prepared and signed by a Civil Engineer when required by the Building Official.

.05

Information on Plans and in Specifications. Plans shall be drawn to scale upon suitable material, minimum dimension 24″ × 36″ sheet size, and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work and the name and address of the owner and the person by whom they were prepared.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 301, § 9, 8/20/19; Ord. No. 65.145, § 2, 11/15/16)

.01

A vicinity sketch indicating the location of the site relative to the entire property, adjacent properties, and the principal roads in the area.

.02

Existing and proposed topography of the site taken at not more than a two-foot contour interval over the entire site. Ninety percent of the contours shall be plotted within one contour interval of the true location.

.03

Two-foot contour intervals that extend a minimum of 200 feet off-site.

.04

The site's property lines shown in true location with respect to the plan's topographic information; and any proposed divisions of land.

.05

The location and graphic representation of all existing and proposed drainage facilities.

.06

The location of proposed excavations and fills, of on-site storage of soil and other earth materials, and of on-site and/or off-site disposal. In cases where the location is off-site, a written description of the location will suffice.

.07

The location of all existing vegetation, especially locations of tree with a trunk diameter of six inches or more measured at a point one foot above average natural ground level.

.08

The quantity of soil or earth materials in cubic yards, to be excavated, filled, stored or otherwise utilized on-site.

.09

The location of any existing and proposed roads, buildings, wells, pipelines and other structures, facilities, and features on the site and the location of any improvements on adjacent land within 25 feet of the proposed work.

.10

The location of watercourses including the width, direction of flow, and approximate location of high banks of any water course, and approximate boundaries of any areas subject to inundation.

.11

Location of known soil or geologic hazard areas.

.12

Availability of public facilities, such as sanitary sewage, water and fire protection.

.13

Completion of an environmental questionnaire unless previously submitted as part of project.

.14

Detailed description of measures to be taken to prevent soil erosion.

.15

Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams 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.

.16

Location of any buildings or structures on the property where the work is to be performed and the location of any building or structures on land of adjacent owners which are within 15 feet of the property of which may be affected by the proposed grading operations, or other information required to complete the application process.

(Ord. No. 65.145, § 2, 11/15/16)

.01

Soil Engineering Report. The soil engineering report required by Section II-13-7.04 shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading.

.02

Recommendations included in the report and approved by the Building Official shall be incorporated in the grading plans or specifications.

.03

In-depth soils investigations shall be performed by the Soils Engineer if any of the following circumstances occur on the site:

1. More than 1,000 cubic yards of cut and fill material is moved.

2. Cuts and/or fills are more than ten feet deep.

3. Grading or clearing will be done on slopes greater than ten percent.

4. Other conditions as determined by the Building Official.

.04

Engineering Geology Report. The engineering geology report required by Section II-13-7.04 shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading.

Recommendations included in the report and approved by the Building Official shall be incorporated in the grading plans or specifications.

.05

In-depth geologic investigations shall be performed by a Geological Engineer, if required by the Building Official.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 65.145, § 2, 11/15/16)

All aspects of Stormwater Quality protection shall be adhered to, and erosion control plans shall be prepared to be consistent with Section XIII, Stormwater of the Engineering Design Guidelines per Ordinance 66.3 and this section. In case of conflict between this section and Engineering Design Guidelines, the stricter requirement shall be followed.

.01

Erosion Control Plan. The plan shall be signed by a registered Civil Engineer. When site stabilization measures are included these shall be prepared by a registered Civil Engineer, Landscape Architect, or Architect.

.02

The erosion control plan will fully indicate necessary land treatment, structural measures and timing requirements which will effectively minimize soil erosion and sedimentation. The erosion and sediment control plan shall contain appropriate information according to this Section and as deemed necessary by the Building Official. Following submittal of the application, the Building Official shall determine the adequacy of the plan and may require the submission of further qualification or information when necessary to judge the adequacy of the planned erosion and sediment control measures.

.03

The erosion control plan shall contain a detailed description of the following:

1. Vegetative measures to stabilize the site, including steps to promote and protect native vegetation.

a) A description and delineation of the vegetative measures to stabilize the site, including, but not limited to, seed bed preparation, seeding methods, seeding time for new erosion control planting, the type, location and extent of pre-existing and undisturbed vegetation, and the steps for the promotion and protection of the native vegetation.

2. Drainage protection and control measures.

3. A description and delineation of non-vegetative surface runoff, erosion and sediment control measures, including, but not limited to, types of and methods of applying mulches, design and specification of berms sediment basins, retention basins, diverters and dikes.

4. Cut and fill construction.

5. Disposal of excess materials.

6. Stockpiling of materials.

7. Dust control measures.

8. A clear and definite delineation of the limits of work showing areas to remain undisturbed and showing areas to be disturbed.

9. Any additional information required by the Building Official when necessary to judge the adequacy of the plan (i.e., mandatory soils and geologic investigations).

10. The site assessment which shall identify the character of the site as it pertains to:

a) Erosion and loss of sediments.

b) Slope stability.

.04

Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted.

.05

Other Devices. Where necessary, check dams, cribbing, riprap and other devices or methods that shall be employed to control erosion and provide safety.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 65.145, § 2, 11/15/16)

.01

The applicant must submit a master work schedule showing the following information:

1. The proposed grading schedule.

2. The proposed schedule for installation of all interim erosion and sediment control measures including, but not limited to, the stage of completion of erosion and sediment control devices and vegetative measures.

3. The schedule for construction, if any.

4. The schedule for installation of permanent erosion and sediment control devices where required.

5. For Hillside residences a detailed schedule of maintenance and upkeep for both erosion and sediment control facilities and plantings through the first rainy season, as identified by Engineering Design Guidelines.

6. For Hillside residences approval on a week to week basis during the period of rainy season may be granted by the Building Official. This approval will require long range weather projection as a primary basis.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 65.145, § 2, 11/15/16)

.01

General. Unless otherwise recommended in the approved soil engineering and/or engineering geology report, cuts shall conform to the provisions of this section.

.02

Slope. The slope of cut surfaces shall be no steeper than safe for the intended use. Cut slopes shall be no steeper than two horizontal to one vertical.

(Ord. No. 65.145, § 2, 11/15/16)

.01

General. Unless otherwise recommended in the approved soil engineering report, fills shall conform to the provisions of this section.

Exception: In the absence of an approved soil engineering report these provisions may be waived for minor fills not intended to support structures.

.02

Fill Location. Fill slopes shall not be constructed on natural slopes steeper than two to one.

.03

Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, top-soil and other unsuitable materials scarifying to provide a bond with the new fill, and, where slopes are steeper than five to one, and the height is greater than five feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five to one shall be at least ten feet wide and two feet deep in accordance with Fig. No. 1. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. Where fill is to be placed over a cut, the bench under the toe of fill shall be at least ten feet wide but the cut must be made before placing fill and approved by the Soils Engineer and Engineering Geologist as a suitable foundation for fill. Unsuitable soil is soil which, in the opinion of the Building Official or the Civil Engineer or the Soils Engineer or the Geologist, is not competent to support other soil or fill, to support structures or to satisfactorily perform the other functions for which the soil is intended.

[Figure: Figure No. 1]

Figure No. 1

.04

Fill Material. Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the Chief Building Inspector no rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in fills.

Exceptions: The Building Official may permit placement of larger rock when the soils engineer properly devises a method of placement, continuously inspects its placement and approves the fill stability. The following conditions shall also apply:

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

B. Rock sizes greater than 12 inches in maximum dimension shall be ten feet or more below the grade, measured vertically.

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

.05

Compaction. All fill material shall be compacted to 90 percent of maximum density as determined by ASTM D 1557, Modified Proctor, in lifts not exceeding 12 inches (305 mm) in depth or equivalent as approved by the Building and Housing Department.

.06

Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two horizontal to one vertical.

.07

Drainage and Terracing. Drainage and terracing shall be provided, and the area above fill slopes and the surfaces of terraces shall be graded and paved as required by Section II-13.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 301, § 10, 8/20/19; Ord. No. 65.145, § 2, 11/15/16)

.01

General. The setbacks and other restrictions specified by this section are minimum and may be increased by the Building Official or by the recommendation of a Civil Engineer, Soils Engineer or Engineering Geologist, if necessary for safety and stability or to prevent damage of adjacent properties from deposition or erosion or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks when approved by the Building Official.

.02

Setbacks from Property Lines. The tops of cuts and toes of fill slopes shall be set back from the outer boundaries of the permit area, including slope-right areas and easements, in accordance with Figure No. 2.

.03

Design Standards for Setbacks. Setback between graded slopes (cut or fill) and structures shall be provided in accordance with the California Building Code, 2016 Edition Figure No. 1808.7.1.

[Figure: Figure No. 2]

Figure No. 2

(Ord. No. 315, § 2, 1/7/25; Ord. No. 65.145, § 2, 11/15/16)

.01

General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provision of this section and Section XIII Stormwater of the Engineering Design Guidelines per Ordinance 66.3. In case of conflict between this section and Engineering Design Guidelines, the stricter requirement shall be followed.

.02

Terrace. Terraces at least six feet in width shall be established at not more than 30-feet vertical intervals on all cut or fill slopes to control surface drainage and debris except that where only one terrace is required, it shall be at mid-height. For cut or fill slopes greater than 60 feet and up to 120 feet in vertical height, one terrace at approximately mid-height shall be 12 feet in width. Terrace widths and spacing for cut and fill slopes greater than 120 feet in height shall be designed by the Civil Engineer and approved by the Building Official. Suitable access shall be provided to permit proper cleaning and maintenance.

.03

Swales or Ditches. Swales and ditches on terraces shall have a minimum gradient of five percent and must be paved with reinforced concrete not less than three inches in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of one foot and a minimum paved width of five feet. A single run of swale or ditch shall not collect runoff from a tributary area exceeding one surface acre (projected) without discharging into a down drain, and subject to approval of the Building Official.

.04

Subsurface Drainage. Cut and fill slopes shall be provided with sub-surface drainage as necessary for stability.

.05

Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the Building Official and/or other appropriate jurisdiction as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of nonerosive downdrains or other devices.

.06

Building sites shall have a drainage gradient of two percent from the building pad toward approved drainage facilities, unless waived by the Building Official.

Exception: The gradient from the building pad may be one percent if all of the following conditions exist throughout the permit area:

A. No proposed fills are greater than ten feet in maximum depth.

B. No proposed finish cut or fill slope faces have a vertical height in excess of ten feet.

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

.07

Interceptor Drains. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes towards the cut and has a drainage path greater than 40 feet measured horizontally. Interceptor drains shall be paved with a minimum of three inches of concrete, or gunite and reinforced. They shall have a minimum depth of 12 inches and a minimum paved width of 36 inches measured horizontally across the drain. The slope of drain shall be approved by the Building Official.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 65.145, § 2, 11/15/16)

.01

Drainage Swales. Each lot shall be graded to provide protective slopes away from all sides of all buildings on the lot. Where such a swale meets a slope which drains toward a building, a drainage swale of adequate width, depth and longitudinal gradient will be required to carry away the surface water without flooding against the buildings or without ponding lot areas. The location of the swales is to be directly related to the block grading type.

.02

Elevation of Pads. The elevation of the pads shall be higher than the elevation of the drainage swale or ground slope measured at least five feet from the outer walks of the buildings.

.03

Drainage Method used shall be shown on all plans. When building plans indicate that the construction will comply with the provisions of this Chapter, but inspection shows that the building as constructed cannot drain by gravity, the Office of Building Safety may require that the condition be remedied by installing a pump or by other approved means. No Final Inspection or Certificate of Occupancy may be issued until this requirement is met.

.04

Not used.

.05

Flat Cement Work for garage, or carport floors, and patio slabs shall have minimum thickness of 3½ inches and shall be installed over four inches of an approved aggregate base (6 × 6 × 10 × 10) woven wire mesh laid within the slab may be used in place of the approved aggregate base. Other flat cement work, except walkways, having any minimum dimension of six feet and a minimum area of 64 square feet shall be installed in a like manner.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 301, § 11, 8/20/19; Ord. No. 65.145, § 2, 11/15/16)

Private streets shall be designed consistent with Section VII "Street Design" of the Engineering Design Guidelines per Ordinance 66.3 and this section. In case of conflict between this section and Engineering Design Guidelines, the stricter requirement shall be followed.

.01

The areas designed for use as driveways, parking lots and loading areas and their approaches shall be paved with asphalt concrete, Portland cement concrete on prepared bases or any other approved material meeting traffic index as noted in Section II-13-18.02 and shall be maintained in good condition to the satisfaction of the Building Official.

.02

Paving sections shall be designed by a Civil Engineer or a Soils Engineer based on a "R" value test of the native soil and a traffic index as noted below and approved by the Building Official.

.03

On approval of the Building Official, the following minimum standards may be used without a soils report:

a. Residential—Single Family and Duplex.

(1) Portland Cement concrete: Four inches of concrete on four inches of approved granular aggregate base on compacted subgrade.

(2) Asphaltic concrete surfacing: Two inches of asphaltic concrete with fog seal on six inches of aggregate base on compacted subgrade.

.04

Residential Multiple, Commercial and Institutional.

(1) Portland Cement concrete: Five inches of concrete on four inches of aggregate base.

(2) Asphaltic concrete surfacing: Two and one-half inches of asphaltic concrete with fog seal on ten inches of aggregate base material on compacted subgrade.

An alternate, with approval of the Building Official, a 6 × 6 × 10 × 10 mesh in the concrete may be substituted for the aggregate base under the Portland Cement.

.05

Materials.

a. "Aggregate Base" material shall be Class 2 and shall conform to Caltrans Standard Specifications, Section 26 for ¾″, 1½ inches maximum combined grading, except as herein specified.

b. Spreading equipment used in lieu of Caltrans Standard Specifications, Section 26-1.04 for spreading of aggregate subbases shall be approved by the Building Official prior to construction.

c. "Asphalt Concrete Surfacing" shall conform to Caltrans Standard Specifications, Section 39 for Type B Asphalt Concrete. Aggregate grading shall conform to ¾″ maximum, medium.

d. Asphalt of grade AR 4000 shall be used and a certificate guaranteeing compliance of asphalt with specification is to be furnished.

e. Placing of tack coat, prime coat, spreading and compaction methods and miscellaneous details of asphaltic construction shall be in accordance with applicable portions of Caltrans Standard Specifications.

f. Concrete. Portland Cement Concrete shall be designed to develop a strength of a minimum of 2,000 pounds per square inch at 28 days and shall be poured with a maximum of four inches of slump.

g. Mix Design. Mix design shall be designed by an approved laboratory and paid for by the contractor. The basic proportions of the mix shall be determined by weight of loose dry material, and all proportioning of the ingredients for each batch shall be done by weighing the fine and coarse aggregates separately. Water and cement shall be separately measured and introduced to the mix by such methods that the proportions thereof can be accurately controlled and easily checked at any time.

h. Approval. Approval of the mix shall be by the Office of Building Safety who may determine accuracy by making tests, to be paid for by the contractor. Batch tickets to be provided the Office of Building Safety upon request with each load.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 301, § 12, 8/20/19 Ord. No. 65.145, § 2, 11/15/16)

.01

Developments shall be accomplished so as to minimize adverse effects upon the natural or existing topography and soil conditions and to minimize the potential for erosion. Control measures shall apply to all aspects of the proposed grading and shall be in operation during all stages of development. The following basic design standards shall serve as minimum guidelines for grading and erosion and sediment control plans.

(Ord. No. 65.145, § 2, 11/15/16)

.01

Native vegetation, requiring minimum maintenance, shall be used, to the extent possible, in permanent replanting areas subject to provisions of the local Fire Code.

.02

Existing natural vegetation shall be retained, protected, and supplemented to the greatest extent possible. Site development shall be accomplished so that existing trees can be preserved whenever possible and practical. For specific standards, refer to Title X, Chapter 2, Tree Maintenance and Protection, of the Milpitas Municipal Code.

(Ord. No. 65.145, § 2, 11/15/16)

.01

The planting schedule, as part of erosion control plan, shall include initiation, sequence of installation of sediment control facilities, duration of exposure, start/stop dates of critical area stabilization.

.02

Planting shall be completed as soon as possible after grading and clearance.

.03

Planting shall be completed within 90 days after grading completion and as subject to other seasonal limitations.

(Ord. No. 65.145, § 2, 11/15/16)

All drainage design shall comply with Storm Drain Design Criteria per Engineering Design Guidelines per Ordinance 66.3 Section XII, Stormwater and this section. In case of conflict between this section and Engineering Design Guidelines, the stricter requirement shall be followed.

.01

Drainage controls shall be installed immediately after extensive clearing or grading.

.02

Concentrated runoff shall be taken in nonerodable surfaced facilities.

.03

Runoff conduits shall have energy dissipaters at discharge points.

.04

Roads and driveways shall have a nonerodable surface with drainage facilities.

.05

All graded areas larger than 5,000 square feet that tend to pond or concentrate water be provided with drains.

.06

Underground drainage shall be provided for, where necessary.

.07

Localized drainage from roof areas and driveways shall be removed by adequate drainage systems to prevent erosion.

(Ord. No. 65.145, § 2, 11/15/16)

.01

Fill slopes shall not be steeper than two horizontal to one vertical unless a thorough geological and engineering analysis indicates that steeper slopes are safe and appropriate erosion control measures are specified.

.02

Cut slopes shall not be steeper than 2:1 unless a thorough geological and engineering analysis indicates that steeper slopes are safe and appropriate erosion control measures are specified.

(Ord. No. 65.145, § 2, 11/15/16)

.01

No clearing shall take place more than 15 days before grading commences (except with special approval).

.02

All cut/fill surfaces shall have appropriate low maintenance plant material installed.

.03

Clearing shall be kept to the minimum needed, as determined by the Building and Housing Department.

.04

All soil stabilization measures shall be in place as soon as possible after grading and will be defined within the approved sediment control plan.

(Ord. No. 301, § 13, 8/20/19; Ord. No. 65.145, § 2, 11/15/16)

.01

Adequate irrigation measures shall be available for use prior to planting and shall be maintained until planting has become sufficiently established to properly promote growth.

(Ord. No. 65.145, § 2, 11/15/16)

.01

Cuts and fills shall not encroach on natural watercourses or constructed channels.

.02

Fills placed against watercourses shall have suitable protection against erosion during flooding.

.03

Excavated materials shall not be deposited or stored in or alongside the river or watercourses where the materials can be washed away by high water or storm runoff.

(Ord. No. 65.145, § 2, 11/15/16)

All sediment control shall comply with Engineering Design Guidelines per Ordinance 66.3 Section XII, Stormwater and this section. In case of conflict between this section and Engineering Design Guidelines, the stricter requirement shall be followed.

.01

Facilities shall be constructed to maximize the retention of sediment produced on site.

.02

Sediment basins, sediment traps, diversions or similar required measures shall be installed well in advance, coincident of any clearing or grading and maintained throughout any such operations. The design of such structures shall account for potential mosquito problems.

.03

Permanent control structures and final vegetation shall be installed as soon as practical in the development.

.04

Surface runoff rates in excess of pre-development levels shall be retarded by appropriate measures.

.05

Disposal of cleared vegetation and excavated materials shall be done in a manner which reduces the risk of erosion and shall strictly conform to the provisions of the approved grading permit. Topsoil shall be conserved for reuse in revegetation of disturbed areas whenever possible.

(Ord. No. 65.145, § 2, 11/15/16)

.01

General. All grading operations for which a permit is required shall be subject to inspection by the Building Official. When required by the Building Official, special inspection of grading operations and special testing shall be performed in accordance with the provisions of Section II-I-22.01 of the City of Milpitas Municipal Code.

.02

Grading Designation. All grading in excess of 5000 cubic yards shall be performed in accordance with the approved grading plan prepared by a Civil Engineer, and shall be designated as "engineered grading." Grading involving less than 5000 cubic yards shall be designated "regular grading," unless the permittee, with the approval of the Building Official, chooses to have the grading performed as "engineered grading."

.03

Engineered Grading Requirements. For engineered grading, it shall be the responsibility of the Civil Engineer who prepares the approved grading plan to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. He also shall be responsible for the professional inspection and approval of the grading within his area of technical specialty. This responsibility shall include, but need not be limited to, inspection and approval as to the establishment of line, grade and drainage of the development area. The Civil Engineer shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor and the Building Official. The Civil Engineer also shall be responsible for the preparation of revised plans and the submission of as-graded grading plans upon completion of the work. The grading contractor shall submit in a form prescribed by the Building Official a statement of compliance to said as-built plan.

.04

Soil Engineering and Engineering Geology reports shall be required as specified in Section II-13-7. During grading all necessary reports, compaction data and soil engineering and engineering geology recommendations shall be submitted to the civil engineer and the Building Official by the Soils Engineer and the Engineering Geologist.

.05

The Soils Engineer's area of responsibility shall include, but need not be limited to, the professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes and the design of buttress fills, where required, incorporating data supplied by the Engineering Geologist.

.06

The Engineering Geologist's area of responsibility shall include, but need not be limited to, professional inspection and approval of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters and the need for subdrains or other ground water drainage devices. He shall report his findings to the Soils Engineer and the Civil Engineer for engineering analysis.

.07

The Building Official shall inspect the project at the various stages of the work requiring approval and at more frequent intervals as necessary, to determine that adequate control is being exercised by the professional consultants.

.08

Regular Grading Requirements. The Building Official may require inspection and testing by an approved testing agency, paid for by the Contractor.

The testing agency's responsibility shall include, but need not be limited to, approval concerning the inspection of cleared areas and benches to receive fill, and the compaction of fills.

When the Building Official has cause to believe that geologic factors may be involved the grading operation will be required to conform to "engineered grading" requirements.

.09

Notification of Noncompliance. If, in the course of fulfilling their responsibility under this Chapter, the Civil Engineer, the Soils Engineer, the Engineering Geologist or the testing agency finds that the work is not being done in conformance with this Chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the Building Official. Recommendations for corrective measures, if necessary, shall be submitted.

.10

Transfer of Responsibility for Approval. If the Civil engineer, the Soils Engineer, the Engineering Geologist or the testing agency of record is changed during the course of the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of their technical competence for approval upon completion of the work.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 65.145, § 2, 11/15/16)

.01

Final Reports. Upon completion of the rough grading work and at the final completion of the work the Building Official may require the following reports and drawings and supplements thereto:

1. An as-graded 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 sub-surface drainage facilities. Civil Engineer shall provide approval that the work was done in accordance with the final approved grading plan.

2. A soil grading report prepared by the Soil 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 soil engineering investigation report. Soil Engineer shall provide approval as to the adequacy of the site for the intended use.

3. 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. Engineering Geologist shall provide approval as to the adequacy of the site for the intended use as affected by geologic factors.

.02

Notification of Completion. The permittee or his/her agent shall notify the Building Official when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage facilities and their protective devices and all erosion control measures have been completed in accordance with the final approved grading plan and the required report have been submitted.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 65.145, § 2, 11/15/16)

.01

The City of Milpitas reserves the right to impose such conditions on the grading permit as may be reasonable or necessary to prevent creation of a nuisance or dangerous conditions, and to deny the issuance of a grading permit where the proposed work would cause hazards adverse to the public safety and welfare.

.02

Approval of the permit will not be granted unless:

1. The proposed grading is related to a use presently permitted by law on the property.

2. The grading is necessary for the establishment or maintenance of a use.

3. The design, scope, and location of the grading or clearing is appropriate for the use and causes minimum disturbance of the terrain and natural features of the land, and does not degrade water quality or certain other natural resources.

(Ord. No. 65.145, § 2, 11/15/16)

.01

Grading permit applications and accompanying maps and plans shall be reviewed by the Building Official and approved when found to be in compliance with the provisions of this Chapter, and conforms to acceptable grading and erosion control techniques.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 65.145, § 2, 11/15/16)

.01

The provisions of this ordinance shall be enforced by the City of Milpitas and by the Building Official who shall inspect all grading and erosion control work and require compliance with all the provisions of the Chapter.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 65.145, § 2, 11/15/16)

.01

The Building Official shall inspect the work site for compliance with conditions of the approved permit, for verification of reports submitted by the permittee, and for the quality of the work being performed as approved by the permit.

.02

Approved plans and permits for grading and erosion control work shall be maintained at the site during the grading activity and until the work has been approved.

.03

A minimum of at least five inspections shall be made as listed.

1. Initial Inspection. When permittee or his agent is ready to begin work on excavation or fill and construction stakes have been set, but no grading begun;

2. Rough Grading. Including stripping, keying, compaction and subsurface drains;

3. Erosion Control Compliance Inspection. For hillside residences, an inspection of erosion control facilities and revegetation measures shall be made between September 15 and October 1, if work completion is scheduled after October 1.

4. Final Construction Inspection. When all work, including installation of all drainage, and other erosion control facilities and all planting has been completed.

5. Final Stabilization Inspection. For Hillside residences during the first rainy season an inspection of the site will be made to determine if any remedial work is necessary to abate erosion and sedimentation problems prior to issuing the Notice of Compliance for the permit.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 65.145, § 2, 11/15/16)

.01

The permittee or his agent shall notify the Building Official when the grading/erosion operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage facilities and their protective devices and all erosion control measures have been completed and maintained following completion of grading or clearing, in accordance with the final approved grading and erosion control plans and the required reports have been submitted.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 65.145, § 2, 11/15/16)

.01

The applicant shall install all soil erosion and sediment control measures in strict compliance with this Chapter and in accordance with the approved erosion control plan. All soil erosion and sediment control measures shall be adequately maintained by the applicant for three years or until such measures are stabilized as determined by the Building Official. The Building Official shall issue a notice of compliance when the approved grading and erosion control plan measures are fully applied and completed indicating the date of compliance.

.02

The design guidelines for construction Best Management Practices and permanent stormwater quality protection shall conform to the City's Municipal Stormwater National Pollutant Discharge Elimination System (NPDES) permit, issued by the State of California Regional Water Quality Control Board by Order R2-2015-0049 for Municipal Regional Permit Number (MRP) CAS612008. Developers are responsible for reviewing and complying with the MRP conditions.

.03

The applicant shall comply with the City's Flood Plain Ordinance (Ord. 209.1, Chapter 15, Title XI).

.04

A new or modified erosion and sediment control technique may be allowed to be used provided there is mutual agreement between the Building Official and the applicant that the technique meets the intent of the erosion control plan.

.05

The City of Milpitas may cause remedial work to be done, at the applicant's expense, if it is determined that it is necessary to protect completed work or to prevent damage.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 65.147, § 3, 12/3/19; Ord. No. 65.145, § 2, 11/15/16)

.01

In the event that work performed does not conform to the provisions of the permit, or to the approved plans and specifications, or to any written instructions of the Building Official, a written notice to comply shall be given to the permittee. Such notice shall set forth the nature of the corrections required and the time within which corrections shall be made. Failure to comply with such written notice shall be deemed justification for suspension of the permit, which will require that all work stop except that necessary for correction of the violation. Upon correction of the violation the permittee may apply for removal of suspension.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 65.145, § 2, 11/15/16)

.01

Whenever the City of Milpitas determines that any existing excavation embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of public way, drainage channel, or identified sensitive environmental resources of critical concern, the owner of the property upon which the excavation or fill is located, or the Lessee thereof, or other person or agent in control of said property, upon receipt of notice in writing from the City of Milpitas shall, within the period specified therein, repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this Chapter.

(Ord. No. 65.145, § 2, 11/15/16)

.01

The Building Official shall, before issuing a permit in hillside areas, require a cash or corporate surety bond, instrument of credit or other security acceptable to the City be posted by the applicant, conditioned upon the faithful performance of the conditions in the permit, and erosion control measures specified in the permit within the time specified by the Building Official.

.02

The amount of the bond or security shall be the full cost of the installed erosion and sediment control measures and facility maintenance.

.03

The Building Official may grant a partial or complete waiver of such bond where he finds minimal impairment of existing surface drainage, minimal erosion hazard and minimal sedimentation hazard upon any adjacent land or watercourse and no hazard to human life or property.

.04

The bond or security shall remain in effect and held until the erosion and sediment control measures have stabilized the site and all plan and permit conditions have been met, at which time a "notice of compliance" certificate will be issued following the final construction inspection.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 65.145, § 2, 11/15/16)

Any act of any officer or employee of the City of Milpitas under the provisions of this Chapter may be appealed in accordance with the provisions of II-1-13.01 of the Milpitas Municipal Code.

(Ord. No. 65.145, § 2, 11/15/16)

.01

See II-1-26.

(Ord. No. 65.145, § 2, 11/15/16)

.01

Plan Checking Fee. For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater. Before accepting a set of plans and specifications for checking, the Building Official shall collect a plan checking fee. Separate permits and fees shall apply to retaining walls or major drainage structures as indicated elsewhere in this Chapter. There shall be no separate charge for standard terrace drains and similar facilities. The amount of the plan checking fee for grading plans shall be as set forth by Resolutions of the City Council.

.02

The plan checking fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between such fee paid for the original permit and the fee shown for the entire project.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 65.145, § 2, 11/15/16)

A fee for each grading permit shall be paid to the City of Milpitas as set forth by Resolutions of the City Council.

(Ord. No. 65.145, § 2, 11/15/16)