San Benito County Municipal Code Ch. 19.17 Grading, Drainage and Erosion Control

The purpose of this chapter is to safeguard public health, property and general welfare by regulating grading, drainage and erosion control on private and public property and requiring grading, erosion and drainage control plans which prevent water pollution and sedimentation of the county’s water resources.

(1966 Code, § 7A-1) (Ord. 708, § 1)

This chapter sets forth rules and regulations to control excavation, grading, drainage and erosion, establishes the administrative procedure for issuance of permits, and provides for approval of plans and inspection of grading construction, drainage measures and erosion control methods.

(1966 Code, § 7A-2) (Ord. 708, § 1)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGRICULTURAL GRADING. Grading, related strictly to agriculture, which takes place on land designated on the county’s General Plan and zoning maps as exclusive agriculture use. This includes routine leveling, plowing, harrowing, disking, ridging, listing, cultivating, on-site drainage ditches, brush removal, preparation of ranch roads related strictly to access to fields, creation of stock ponds and similar operations necessary for the preparation and maintenance of field crops.

AGRICULTURE. The art or science of cultivating the ground including the harvesting of crops and rearing and management of livestock, tilling, husbandry, farming, horticulture and forestry; the science and art of the production of plants and animals useful to man, including apiaries, aviaries and dairying.

BEDROCK. The in-place solid, undisturbed material either at the ground surface or beneath superficial deposits of gravel, sand or soil.

BENCH. A relatively level step excavated into earth material.

CIVIL ENGINEER. A professional engineer registered in the State of California to practice civil engineering.

CLEARING. The removal of vegetation down to bare soil.

COMPACTION. The densification of earthen solids.

CONTRACTOR. Any person licensed in the State of California to do grading as defined by state law.

DIKING. Construction of an earthen berm to control or confine water.

DRAINAGE COURSE. A natural or man-made channel which conveys storm runoff either year-round or intermittently.

DREDGING. Scooping or digging of earth material.

DRIVEWAY. Any private road leading from the street to only one habitable structure or parcel.

EARTH MATERIALS. Rock, natural soil, sand or combination thereof.

ENGINEERING GEOLOGIST. A professional geologist registered in the State of California to practice engineering geology.

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

EXISTING GRADE. The grade prior to grading.

FILL. The deposition of earth or other material by artificial means for any purpose, for any length of time including the stockpiling of material, or the condition resulting therefrom.

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

GEOLOGIC HAZARD. Any condition in naturally occurring earth materials which endangers life, health or property.

GRADE. The vertical location of the ground surface, or the degree of rise or descent of a slope.

GEOTECHNICAL ENGINEER. A civil engineer, qualified by the Board for professional engineers and land surveyors to use the title of “geotechnical engineer”, pursuant to Cal. Business and Professional Code § 6736.1.

GRADING. Excavating, or filling, dredging, diking, prospecting, exploratory digging and drilling for geotechnical reports.

KEY. A designated compacted fill, placed in a trench, excavated in undisturbed earth material or rock beneath the toe of a proposed fill slope, for the purpose of developing a shearing resistance.

LAND DISTURBANCE. Clearing, excavating, grading or other manipulation of the terrain.

LETTER OF COMPLIANCE. A letter prepared by a registered geotechnical engineer certifying that the project has been constructed in compliance with the recommended geotechnical standards and specifications.

RIPARIAN CORRIDOR. Any of the following:

(1) Lands within a stream channel, including the stream and the area between the mean rainy season bankfull flowline;

(2) Lands extending 50 feet (measured horizontally) out from each side of a perennial stream. Distance shall be measured from the mean rainy season bankfull flowline;

(3) Lands extending 30 feet (measured horizontally) from each side of an intermittent stream. Distance shall be measured from the mean rainy season bankfull flowline;

(4) Lands extending 100 feet (measured horizontally) from the high water mark of a lake, wetland, estuary, lagoon or natural body of standing water; or

(5) Lands containing a riparian woodland.

ROAD GRADIENT. A vertical rise multiplied by 100 and divided by horizontal run.

ROAD/ROADWAY/RIGHT-OF-WAY. An open way for vehicular traffic serving more than two parcels.

SECURITY. A cash deposit either with the county, responsible escrow agent, bank, trust company or specified entity, a time certificate of deposit or equivalent security acceptable to the county.

SITE. A parcel of land or contiguous combination therefor, where grading is performed or proposed.

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

SOIL. Naturally occurring superficial deposits of earth material overlaying bedrock.

SOIL ENGINEER. A civil engineer, registered in the State of California, experienced and knowledgeable in the practice of soil engineering.

STREAM. Any watercourse as designated by a solid line or dash and three dots shown on the largest scale of the United States Geological Survey Map most recently published.

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

WATERBREAK. A ditch, dike, dip or combination thereof, constructed to effectively divert water as an aid to erosion control.

WINTER GRADING PERMIT. Between October 15 and April 15, all grading permit applications are considered winter grading. Applications for winter grading permits are subject to review in terms of amount of grading, weather conditions and estimated time of completion.

(1966 Code, § 7A-3) (Ord. 708, § 1; Ord. 801, § 1(I))

(A) No person shall do any grading without first having obtained a grading permit from the Building Inspection and Planning Department, except for the following:

(1) “Agricultural grading” means grading related strictly to agriculture, which takes place on land designated on the county’s General Plan and zoning maps as permitting agriculture use, or where there exists a documented, continuous historical agricultural use. This includes routine leveling, plowing, harrowing, disking, ridging, listing, cultivating, on-site drainage ditches, brush removal, preparation of ranch roads related strictly to access to fields, creation of stock ponds and similar operations necessary for the preparation and maintenance of field crops. Agricultural grading does not include any grading on such lands connected with the construction of roads to new dwellings, driveways, building sites for which a building permit is required, the creation of any dam requiring engineering or any grading that is not directly related to agriculture. The grading shall not be located within a landslide hazard area, or steep slopes as defined under §§ 19.17.006 and 19.17.007 of this chapter, and shall not take place within 50 feet from the top of a stream bank, creek, river, wetland or other body of water as required under § 19.17.005 of this chapter. The grading shall not require engineering as defined in the county grading ordinance, Uniform Building Code or the requirements of other state or regional agencies;

(2) Any excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not apply to the placement of any fill resulting in an unsupported height greater than five feet. All retaining walls over four feet in height shall be engineered and require a permit;

(3) Cemetery graves;

(4) Solid waste facilities controlled by other regulatory agencies and subject to other permits;

(5) Mining, quarrying, excavating, as defined and regulated in Chapter 19.13 of the San Benito County Code;

(6) Exploratory excavations under the direction of soil engineers or geologists for the purposes of preparing soils and geotechnical reports, provided that professional standards (including compaction and reseeding where appropriate) are met when covering the excavation;

(7) Minor alterations of non-agricultural land which do not exceed 50 cubic yards on any one parcel and do not obstruct or seriously alter a natural drainage course or occur within the riparian corridor as defined by this chapter;

(8) Grading for the purposes of restoring land to a safe condition following a flood or natural disaster or grading to eliminate a potential hazard created by same and that does not create a hazard to adjacent land;

(9) Water wells;

(10) Public utilities and/or public agencies work which does not accelerate erosion, cause drainage problems and that has been reviewed pursuant to CEQA and processed appropriately, including public notice; and

(11) Landscaping where all excavation and fill are used entirely for landscaping purposes, and limited to 100 cubic yards with a maximum excavation or embankment of two feet. The landscaping shall not obstruct or seriously alter a natural drainage course or occur within the riparian corridor as defined by this chapter.

(B) Any grading requiring engineering is not exempt from the provisions of this chapter.

(1966 Code, § 7A-4) (Ord. 708, § 1; Ord. 801, § 1(II, III))

Grading activity shall not take place within 50 feet (measured horizontally) from the top of the bank of a stream, creek, river or within 50 feet of a wetland or body of water.

(1966 Code, § 7A-5) (Ord. 708, § 1)

No grading shall occur in areas of active landslide as determined by a geotechnical evaluation or in areas exceeding 30% in slope measured both horizontally and vertically, except as provided in this section.

(A) Grading for access roads and driveways may be permitted on slopes exceeding 30% where the following findings can be made.

(1) There is no feasible alternative which would allow development to occur on slopes of less than 30%.

(2) Grading does not encroach on slopes of 40% or greater.

(3) The proposed development better achieves the goals, policies and objectives of the county General Plan and ordinances, than other development alternatives.

(B) Where grading on slopes of 30% or greater is permitted, the following conditions will apply:

(1) Plans and specifications shall be prepared and signed by a registered civil engineer, and be accompanied by a geotechnical report and other reports as required under § 19.17.010 of this chapter. The civil engineer shall certify that the plans have been prepared in compliance with the recommendations contained in the geotechnical report.

(2) All grading and road construction shall be performed by an engineering contractor licensed with the State of California.

(3) All grading and road construction activities shall be monitored by a licensed geotechnical engineer who shall submit a “letter of compliance” to the Public Works Department prior to the county final of the grading permit.

(4) Landscaping is required to reduce the visual impact of grading on slopes of 30% or greater. Landscaping plans shall be approved by the Planning and Building Departments prior to issuance of a grading permit.

(C) On legal lots of record to provide access to an existing dwelling where all of the following can be found:

(1) The dwelling was constructed with building permits and a certificate of occupancy granted prior to the adoption date of the ordinance codified in this chapter;

(2) The previous access is no longer feasible due to hazards or a change in legal entitlements; and

(3) No other access to the site can be found without grading on slopes greater than 30%.

(1966 Code, § 7A-6) (Ord. 708, § 1; Ord. 801, § 1(IV))

Whenever two of the following three, County Engineer, Building Official, Planning Director, determines that any existing excavation or embankment (excluding natural embankment) of cut 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, or other person or agent in control of the property, upon receipt of notice in writing from the county shall, within the period specified therein, repair or eliminate the excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this chapter. If the property owner does not repair or eliminate the hazard, the county may remove the hazard at the property owner’s expense.

(1966 Code, § 7A-7) (Ord. 708, § 1)

Except as otherwise exempted by this chapter, no person shall do any grading without first obtaining a grading permit from the Building Inspection and Planning Department. A separate permit shall be required for each site and may cover both excavation and fills. Grading permits are not transferable.

(1966 Code, § 7A-8) (Ord. 708, § 1)

(A) Plans will be required with all applications for grading permits. Each plan sheet shall be of suitable scale and size. All applications shall be signed by owners of each parcel of property on which grading will be conducted. Plans and specifications shall be prepared and signed by a civil engineer when the grading or filling is over 1,500 cubic yards; or a dam, retaining wall or fill over four feet in height is required; or when grading will occur on slopes greater than 20%.

(B) Plans shall be drawn to suitable scale and size upon substantial reproducible material and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this chapter and all other relevant laws, ordinances and regulations. The location of the work, the name and address of the owner, and the parcel number of the property on which the grading is to be done shall be clearly shown on each set of plans. The plans shall include the following information:

(1) A statement as to the specific intentions or ultimate purpose for which the grading is being done;

(2) General vicinity of the proposed site;

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

(4) Limit dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction;

(5) Detailed plans of all surface and subsurface drainage devices, walls, culverts, bridges, retaining walls, cribbing darns 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;

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

(7) Starting and completion dates;

(8) Proposed methods to control erosion and drainage such that it does not leave the site unless contained in an approved drainage channel and does not cause damage to neighboring properties and methods to establish vegetation on disturbed slopes;

(9) Provide an estimated amount of cut and fill material, and vertical dimensions of cut and fill material;

(10) Provide erosion and drainage control plan;

(11) Location of utility connections, septic tanks/leach fields and wells; and

(12) Other information required by the county necessary to adequately describe and analyze the proposed project.

(C) Applications for grading that do not contain the required information will not be accepted.

(1966 Code, § 7A-9) (Ord. 708, § 1; Ord. 801, § 1(V, VI))

(A) Application for a grading permit shall be accompanied by supporting data consisting of a soils engineering report and geologic reports, unless waived by the county because information is available showing the data is not needed. The soil engineering report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading.

(B) The geologic report 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 shall be incorporated in the grading plans and specifications.

(1966 Code, § 7A-10) (Ord. 708, § 1)

(A) Issuance. The issuance of a grading permit shall be the responsibility of the Planning Director and shall constitute an authorization to do only that work which is described or illustrated on the approved plans and specifications.

(B) Approved plans. When the Planning Director issues the permit, all of the plans and specifications shall be endorsed “approved”. The approved plans and specifications shall not be changed, modified or altered without written authorization by the Building Inspection and Planning Department. All work shall be done in accordance with the approved plans, building permits and this chapter. The Public Works Department will review and approve all engineered plans prior to issuance of permit and shall sign a copy of all engineered plans indicating that plans are appropriately engineered.

(C) Conditions of approval. In granting any permit under this chapter, the county shall attach such conditions as necessary to prevent creation of a public nuisance or hazard to public or private property. The conditions may include, but shall not be limited to:

(1) Improvements of any existing grading project to bring it up to standards of this chapter;

(2) Requirements for fencing of excavations or fills which would otherwise be hazardous to persons;

(3) Haul routes for materials;

(4) Conditions recommended by the County Engineer, Planning Director, Building Official or other responsible agency;

(5) Conditions recommended by a geological hazard review;

(6) Check dams, cribbing, rip rap or other devices to prevent erosion;

(7) Mulching, fertilizing, watering or other methods to establish new vegetation. Stockpiling and reapplication of topsoil;

(8) Dust from grading operations shall be controlled;

(9) No earth or organic material shall be deposited or placed where it may be deposited into a stream, marsh, slough or body of standing water in a quantity deleterious to wildlife, aquatic life or other beneficial uses of the water. Nor shall earth or organic material be deposited where it may flow onto neighboring property;

(10) Hours and days of week of operation;

(11) Erosion control plans indicating proposed methods for the control of runoff, erosion and sediment control;

(12) Revegetation plan detailing the revegetation of all exposed surfaces during development;

(13) Drainage plans shall meet the specifications listed in the county subdivision ordinance and shall include on-site retention of water to pre-development levels; and

(14) Any overburden generated by the project that is to remain on-site shall be distributed evenly along the natural contours of the site on slopes no greater than 20%, at a depth no greater than 12 inches, not intended to support structures, and does not obstruct a drainage course. Areas intended for overburden must be stripped of topsoil and organic material for replacement above overburden material and must be revegetated.

(D) Denial of permit.

(1) An application for a grading, dredging or disking permit shall be denied if the county makes any of the following findings:

(a) That the design of the proposed site is not consistent with the applicable General Plan adopted by San Benito County;

(b) That the project as proposed will create a building site, for which adequate sewage facilities and water supplies cannot be provided;

(c) That the project, as proposed, will cause excessive and unnecessary disturbance of the site or requires grading on slopes greater than 30% in slope beyond what is authorized in § 19.17.006 of this chapter;

(d) That the work proposed will be hazardous by reason of floods, geological hazard or unstable soils, and will be liable to endanger other properties or result in the deposition of debris on any public way, property or drainage course, or will otherwise create a hazard;

(e) That the work proposed will create an unavoidable adverse environmental impact; and

(f) That the project as proposed will place fill within a 100-year floodplain (unless it can be demonstrated through environmental review that the fill will not cause significant flood hazard).

(2) The county shall notify the applicant in writing of a denial or conditions for denial and shall state the reasons therefor.

(E) Work time limits. The permit holder shall fully perform and complete all of the work required to be done within the time limit specified. If no time limit is specified, the permittee shall complete the work within 180 days after the date of the issuance of the grading permit.

(F) Expiration of permit. Every permit issued under this chapter shall expire if the work authorized is not commenced within 90 days from the date of permit issuance, or if the work authorized is commenced and then suspended for a period of 30 days, unless the suspension is approved.

(G) Safety precautions. The permittee shall take all appropriate and necessary precautions to protect adjacent public and private property from damage that may result from the grading operations.

(H) Winter grading. No grading shall occur at any time the material to be moved is so saturated, or in any similar condition or rainfall is so likely that, in the judgment of the county planning or Public Works Director weather conditions and the estimated time of completion will result in unnecessary erosion or stream sedimentation or pollution. Any grading between October 15 and April 15 requires the issuance of a winter grading permit.

(I) Deed notification. A deed notification for all properties involved, with a map that designates the area where fill is to be placed, shall be required for agricultural fill not excepted by § 19.17.004 of this chapter. The deed notification shall also specify that no structures (i.e., roads, buildings or driveways) will be allowed to be constructed within this area unless a soils engineering and geologic report is prepared, pursuant to § 19.17.010 of this chapter. The soil engineering report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures if necessary and opinions and recommendations covering adequacy of sites to be developed.

(J) County Engineer approval. When plans and specifications are prepared and signed by a civil engineer, per § 19.17.009 of this chapter, all required grading shall be subject to the approval of the County Engineer and shall be designed and constructed in accordance with such plans and specifications and other approved standards as provided by this chapter and by ordinance or resolution of the Board of Supervisors.

(1966 Code, § 7A-11) (Ord. 708, § 1; Ord. 801, § 1(VII—IX))

The fee for plan check and issuance of a grading permit shall be set by ordinance of the Board of Supervisors.

(1966 Code, § 7A-12) (Ord. 708, § 1)

The county may require an undertaking of bond, cash deposits or letters of credit for all grading in such form and amounts as may be deemed necessary to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. The Building Official may take action against the bond if a determination is made that specific conditions listed in the grading permit were not met, or if the permittee abandons the site prior to completing the grading, erosion control or drainage requirements or if the Building Official determines that action by the county is necessary to prevent excessive erosion from occurring on site.

(1966 Code, § 7A-13) (Ord. 708, § 1)

The standards and criteria which the county shall use to judge sufficiency of plans for cuts, fills, setbacks, drainage and terracing shall be those set forth in the Uniform Building Code.

(1966 Code, § 7A-14) (Ord. 708, § 1)

(A) All grading operations for which a permit is required shall be subject to inspection by the county. When required by the county, special testing shall be performed by the applicants at their expense. The permittee, or his or her agent, shall notify the county 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 reports have been submitted. The required bonding, cash deposit or letter of credit may be released after the county grants a final approval.

(B) All grading and drainage, subject to §§ 19.17.009 and 19.17.011 of this chapter, shall be inspected during construction by the County Engineer.

(C) All grading and drainage, subject to §§ 19.17.009, 19.17.011 and 19.17.015 of this chapter, shall be subject to public works fees as structured and set forth in Chapter 19.13 of the San Benito County Code.

(1966 Code, § 7A-15) (Ord. 708, § 1; Ord. 801, § 1(X))

(A) Appellant; appeals body. Any interested party may appeal any final decision of the particular county official made under this chapter to the Planning Commission or any decision of the Planning Commission to the Board of Supervisors. For the purposes of this section, the Planning Commission or the Board of Supervisors, when acting as the body hearing an appeal, shall be referred to as the “appeals body”.

(B) Time for appeal; application; fee; grounds. Any appeal shall be filed with the appropriate appeals body not later than five days after the challenged decision. The appeal shall be made on an application form approved by the Planning Department and accompanied by the required fee. The specific grounds for the appeal shall be stated. Omitted grounds shall not be considered and the appellant’s failure to state a ground constitutes a waiver of the right to subsequently raise the omitted ground.

(C) Hearing; evidence. The appeal shall be a public hearing conducted de novo. The hearing shall commence at the next available meeting date of the appeals body after the filing of the appeal. In no event shall the hearing commence later than 60 days after the filing of the appeal. The hearing may be continued at the discretion of the appeals body, but in no event shall the hearing be continued for more than 60 days, unless consented to by the property owner and the appellant, if other than the property owner. The appeals body shall consider any relevant, reliable evidence. The admission of evidence shall not be governed by the technical legal rules of evidence. Rather, any evidence which may be relied upon by a reasonable person conducting serious business affairs shall be admitted.

(D) Basis for decision. The appeals body shall state the basis for its decision by written resolution. If the appeals body acts to reverse or modify the decision it reviews, it shall state the nature of the error requiring the reversal or modification.

(E) Notice of appeal. The notice of appeal also shall be given to property owner if property owner is not the appellant. In all cases, a notice of appeal shall be published in a newspaper of general circulation at least ten days in advance of the commencement of the hearing.

(1966 Code, § 7A-16) (Ord. 708, § 1)

Any initial decision made by the Planning Director or Planning Commission under this chapter is not final until the later date of either:

(A) If no appeal is filed, the expiration of the time for the filing of an appeal; or

(B) If an appeal is filed, the date a final decision is made by the appeals body hearing the final appeal possible under this chapter.

(1966 Code, § 7A-17) (Ord. 708, § 1)

(A) Enforcement officials. All departments, officials and public employees of the county which are vested with the duty and authority under the San Benito County subdivision and zoning ordinances shall enforce all the provisions of this chapter. Any permit given in conflict with the provisions of this chapter shall be null and void.

(B) Violation of chapter; criminal. Any person, firm or corporation, whether its principal agent or employee or otherwise violating any of the provisions of this chapter shall be guilty of an infraction punished as provided in Chapter 1.03 of this code.

(C) Violation of chapter; public nuisance. Any grading conducted or operated contrary to the provisions of this chapter shall be, and the same is declared to be a public nuisance and shall be abated, eliminated and enjoined as provided in Chapter 1.03 of this code.

(D) Remedies cumulative. Except as otherwise provided by law, the remedies provided in this chapter are cumulative and not exclusive. Nothing in this chapter is intended or shall be deemed or construed to limit or impair the ability of the county, or any of its officers, agents or employees, to take any administrative or judicial action, otherwise authorized by law, to abate any public nuisance. Chapter 1.03 of this code is hereby incorporated by reference as though its provisions were fully set forth herein.

(1966 Code, § 7A-18) (Ord. 708, § 1)