Chapter 17.04

BUILDING CODE

Parts:

It is a misdemeanor to enter, use or occupy this building or premises, or to remove or deface this notice. City Manager City of San José (Ord. 21971.)

• 6 Excavation and Grading

Part 6

EXCAVATION AND GRADING

Sections:

Whenever the notice described in Section 17.02.460 is posted, no person shall remain in or on or enter the property, building, or structure which has been so posted, except that entry may be made to perform abatement actions under permit. Whenever such abatement actions require any permits, such required permits shall be obtained prior to the commencement of any such abatement actions. No person shall remove or deface any such notice after it is posted until the required abatement actions have been completed and inspected and approved by the city.

(Ord. 21971.)

• 17.04.280 Uniform Building Code - Appendix Chapter 70 - Excavation and grading amended.

• 17.04.290 Purpose and intent.

• 17.04.300 Scope.

• 17.04.310 Permits required - Notice of exemption.

• 17.04.320 Hazards.

• 17.04.330 Definitions.

• 17.04.340 Grading permit requirements.

17.04.350 Fees.

17.04.360 Bonds.

T17:12

BUILDINGS AND CONSTRUCTION

§ 17.04.310

Chapter 70 of the Appendix of the Uniform Building Code is hereby adopted as amended by this part.

(Prior code § 8127; Ords. 20536, 20586, 21031, 21047, 21295, 21719.)

The purpose of this chapter is to safeguard life, limb, property, water quality and natural resources, and to promote the public welfare by regulating grading. It is the intent of this chapter to establish uniform engineering standards and procedures for grading, and to allow reasonable deviations from these standards.

(Prior code §§ 8217, 17.04.280; Ord. 21719.)

This chapter sets forth rules and regulations to control excavation, grading, and earthwork construction, including fills and embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans, specifications, and inspection of grading construction.

Nothing in this chapter shall restrict the City of San José from imposing more stringent grading requirements through other ordinances, permit conditions, and conditions imposed on the approval of tentative subdivision maps. The director shall adopt

procedures for implementation of this part. Said procedures shall be on file in the office of the director.

(Prior code §§ 8127, 17.04.280; Ord. 21719.)

No person shall do any grading without first having obtained a grading permit pursuant to Section 17.04.340 or notice of exemption from the director from the director.

• A. Unless prohibited by Subsection B., a notice of exemption may be granted for projects meeting any of the following conditions:

  1. An excavation below finished grade for basement or footings of a building, retaining wall, or other structures 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 five feet after completion of such structure;

  2. Excavations for cemetery graves, swimming pools, wells, tunnels, utilities, storm drains and sanitary sewers;

  3. Refuse disposal sites controlled by other regulations;

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

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

  6. Grading or temporary stockpiling in an isolated, self-contained area if there is no danger apparent to private or public property;

T17:13

SAN JOSÉ CODE

§ 17.04.310

  7. Any project meeting all of the following conditions: 

     - a. No excavation greater than two feet and no embankment greater than three feet; 

     - b. No engineered slope steeper than two to one or having a slope distance of greater than five feet; 

     - c. Earthwork which will not penetrate or disturb any permanent or seasonal spring, or any permanent or seasonal aquifer and will not obstruct any surface drainage course; 

     - d. All embankments for the support of structures are less than one foot in depth and placed on terrain having a natural slope of five percent or flatter; and 

     - e. The total quantity of either cut or fill does not exceed one hundred fifty cubic yards. 

8. Earthwork entirely within public rightsof-way or easements and/or which is authorized and administered by a public agency.

9. The director expressly finds that the project is of such a nature as to make the procedure under this part unnecessary for the promotion of public welfare and safety.

• B. No notice of exemption shall be granted for sites located in:

  1. Special geologic hazard areas as defined by Section 17.10.225 of Chapter 17.10 of this title.

  2. The local plan area (as defined in Section 18.40.270) and that involve a covered activity (as defined in Section 18.40.220) subject to the Habitat Conservation Plan adopted in Chapter 18.40 of Title 18 of this Code.

(Prior code § § 8127, 17.04.280; Ords. 21719, 29203.)

Whenever the director determines that any existing natural geologic condition or any excavation or fill on private property has become a hazard to life and limb, or endangers any property or natural resources, or adversely affects the safety, use or stability of a public way, drainage channel or swale, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the director, shall, within the period specified therein, repair or eliminate such natural geologic condition, excavation or fill so as to eliminate the hazard and be in conformance with the requirements of this Code. (Prior code §§ 8127, 17.04.280; Ord. 21719.)

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

"As graded" is the surface conditions resulting at completion of grading.

"Bedrock" is in-place rock.

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

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

"Civil engineer" shall mean an engineer registered as such by the state of California.

"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 works for the beneficial uses of mankind.

"Compaction" is the densification of a fill by mechanical means.

"Critical geologic hazards" are and shall include, but need not be limited to, active faults, extremely weak or expansive soil, creeping soil, and active or incipient landslides.

"Director" shall mean the director of public works of the City of San José. Wherever this chap-

T17:14

BUILDINGS AND CONSTRUCTION

§ 17.04.330

ter or the Uniform Building Code specifies building official, for purposes of Part 6 said designation shall mean director.

"Earth material" is any rock, natural soil or fill and/or any combination thereof.

"Engineering grading" is grading in excess of five thousand cubic yards, and all grading for permanent correction of a landslide, rockslide, mud flow, debris flow, or other failure of earth or rock, and not of an emergency or maintenance nature.

"Engineering geologist" shall mean an engineering geologist registered and certified by the state of California.

"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 work normally performed by a civil engineer.

"Erosion" is the wearing away of the ground surface as a result of the movement of wind, water and/or ice, or the action of gravity on earth material.

"Excavation" is the mechanical removal of earth material.

"Existing grade" is the grade prior to grading. "Exploratory grading" is grading for the purpose of exploring or determining conditions on a site.

"Export" is the hauling of natural earth materials from the site.

"Fill" is a deposit of earth material placed by artificial means.

"Finish grade" is the final grade of the site which conforms to the approved plan.

"Geologic hazards" shall mean any condition in earth, whether naturally occurring or artificially created, which is dangerous or potentially dangerous to life, property or improvements due to movement, failure or shifting of earth. For the purposes of this chapter, soil conditions which endanger or potentially endanger life, limb or property, or which, in the opinion of the director, may lead to structural defects in existing or future structures which may be located on or adjacent to soils having such conditions, shall be considered geologic hazards. Such

perty or improvements due to movement, failure or shifting of earth. For the purposes of this chapter, soil conditions which endanger or potentially endanger life, limb or property, or which, in the opinion of the director, may lead to structural defects in existing or future structures which may be located on or adjacent to soils having such conditions, shall be considered geologic hazards. Such

geologic hazards include, but need not be limited to, faults, landslides, mudslides, and rockfalls; ground shaking, ground movement, or ground failure due to earthquake shaking; flood, tidal, seiche, or tsunami inundation; erosion and sedimentation; subsidence or settlement; and weak, expansive or creeping soil.

"Grade" shall mean the vertical location of the ground surface.

"Grading" is any excavating or filling or combination thereof.

"Import" is the hauling of natural earth materials to the site.

"Key" is a designed, compacted fill placed in a trench excavated in earth material beneath or at the toe of a fill slope.

"Lot" is a parcel with a separate number assigned by the assessor, or each quarter-acre of a large parcel.

"Natural resources" include water, mineral commodities and ores, and timber of commercially harvestable quality and quantity.

"Regular grading" is grading involving five thousand cubic yards or less or grading of an emergency or maintenance nature and not for permanent correction of a landslide, rockslide, mud flow, debris flow, or other failure of earth or rock.

"Rough grade" is the stage at which the grade approximately conforms to the approved plan, and structure foundation areas are at plan or subbase foundation grade.

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

"Slope" is the ratio of horizontal distance to vertical distance of an inclined ground surface.

"Soil" is naturally occurring surficial deposits overlying bedrock.

"Soil engineer" shall mean a civil engineer experienced and knowledgeable in the practice of soil engineering.

"Soil engineering" shall mean the application of the principles of soil mechanics in the investiga-

T17:15

SAN JOSÉ CODE

§ 17.04.330

tion, evaluation, design and construction of civil works involving the use of earth materials and the inspection and testing of the construction thereof.

"Statement" shall mean a written document prepared by the civil engineer attesting to completion of the work as shown on the as-graded plans and described in the final reports.

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

• A. Permits required. No person shall do any grading without first obtaining a grading permit or a notice of exemption pursuant to Section 17.04.310 from the director. A separate permit shall be required for each site and may cover both excavations and fills.

• B. Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished for that purpose. Each such application shall conform to procedures established by the director.

If the site is located in the local plan area (as defined in Section 18.40.270) and involves a covered activity (as defined in section 18.40.220) subject to the Habitat Conservation Plan adopted in Chapter 18.40 of Title 18 of this Code, the application shall also include details of the methods and timing in which the project will comply with the Habitat Conservation Plan in the form and manner required by the director of planning, building and code enforcement. Applicable conditions on covered activities from Chapter 6 of the Habitat Conservation Plan as well as other measures required to implement the conservation strategy of the Habitat Conservation Plan shall be included in each permit approval for a covered activity.

• C. Plans and specifications. Each application shall be accompanied by one set of plans and spec-

ifications, and supporting data consisting of a soil engineering and engineering geology report unless waived by the director.

• D. Information on plans and specifications. Plans and specifications shall conform to the procedures established by the director.

• E. Soil engineering report. The soil engineering report required by Subsection C. 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 about the adequacy of sites to be developed by the proposed grading.

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

If the site is located in a special geologic hazard area as defined by Section 17.10.220.H of Chapter 17.10 of this title, the soil engineering report shall be part of the geologic review required by Chapter 17.10.

• F. Engineering geology report. The engineering geology report required by Subsection C. shall include an adequate description of the geology of the site, including identification of actual and potential geologic hazards, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, recommendations for mitigation of identified hazards wherever appropriate, and opinions and recommendations about the adequacy of sites to be developed by the proposed grading. Recommendations included in the report and approved by the director shall be incorporated in the grading plans and/or specifications.

recommendations regarding the effect of geologic conditions on the proposed development, recommendations for mitigation of identified hazards wherever appropriate, and opinions and recommendations about the adequacy of sites to be developed by the proposed grading. Recommendations included in the report and approved by the director shall be incorporated in the grading plans and/or specifications.

If the site is located in a special geologic hazard area as defined by Section 17.10.220H. of Chapter 17.10 of this title, the engineering geology report shall be part of the geologic review required by Chapter 17.10.

T17:16

BUILDINGS AND CONSTRUCTION

§ 17.04.340

• G. Issuance. The application, plans, and specifications filed by an applicant for a permit shall be checked by the director. Such plans may be reviewed by other departments of the city to check compliance with the laws and ordinances under their jurisdictions.

  • If the director is satisfied that the work described in an application for permit and the plans and specifications filed therewith conforms to the requirements of this Code and other pertinent laws and ordinances, and that the fees specified in Section 17.04.350 have been paid, the director shall issue a permit to the applicant.

When the director issues the permit, the director shall sign and date the plans and such signature shall constitute approval. Such approved plans shall not be changed, modified or altered without authorization from the director, and all work shall be done in accordance with the approved plans.

The director may issue a permit allowing part of a grading project to proceed before the entire plans and specifications for the whole grading project have been submitted or approved, provided that adequate general site development information and detailed statements have been filed, complying with all pertinent requirements of this Code. The holder of such permit shall proceed at his or her own risk without assurance that the permit for the entire grading project will be granted.

• H. Disapproval. If, after review of the application and plans and specifications by the city, the director finds the project for which the grading is intended, or the application, or the plans or specifications are not in compliance with this or any other ordinance or law, the director shall not issue the grading permit, and shall so inform the applicant in writing, stating the reasons for disapproval, within forty days after the filing of the application. The applicant may resubmit the application when the conditions which led to disapproval

of the application have been corrected. No additional plan-check fees shall be charged for such subsequent applications unless, in the opinion of the director, the application or plans and specifications have been so changed as to constitute a new application. If, in the opinion of the director, a new permit application has been filed, new plan-check fees as provided in Section 17.04.350 of this chapter shall be charged. No additional fees shall be charged.

ck fees shall be charged for such subsequent applications unless, in the opinion of the director, the application or plans and specifications have been so changed as to constitute a new application. If, in the opinion of the director, a new permit application has been filed, new plan-check fees as provided in Section 17.04.350 of this chapter shall be charged. No additional fees shall be charged.

• I. Planned supplemental reports. Supplemental engineering geology reports or soils reports, or both, may be required at any stage of the grading operation if specified by the director. Upon acceptance of supplemental reports by the director, conclusions, recommendations and design criteria shall be incorporated in revised plans and specifications, and implemented immediately. If the supplemental report indicates a hazardous condition which cannot be mitigated, the grading permit may be revoked.

• J. Unanticipated conditions. Supplemental reports shall be required during the grading period whenever soil or geologic conditions are encountered which, in the opinion of the director, deviate significantly from the conditions described in the soils report or the engineering geology report, or when modifications are made to the original grading plans which, in the opinion of the director, require supplemental investigation, analysis, or change in engineering design.

• K. Liability. The City of San José shall not be held liable for any damages or costs incurred by the applicant as a result of the requirements of any supplemental report.

• L. Distribution of plans. One set of reproducible approved and dated plans and specifications shall be retained by the director for a period of ninety days from the completion of the work covered therein, and one set of reproducible approved and dated plans and specifications shall be returned to the applicant. The appli-

T17:17

SAN JOSÉ CODE

§ 17.04.340

cant shall supply reproductions of approved, dated plans to anyone who works on the project.

• M. Validity. The issuance or granting of every grading permit shall be conditioned upon the approval by the city of any other permit, final map or parcel map, improvement plans or improvement contract and, where applicable, upon the approval of any other agency or regulatory body having jurisdiction over the use or development of the land to be graded.

Nothing in this chapter shall be deemed to prevent the approval of a tentative map under the provisions of Title 19 of the San José Municipal Code or a site development permit, a PD permit or any other permit under the provisions of Title 20 of this Code prior to application for or issuance of a grading permit pursuant to this chapter. In cases where the approval of a tentative map or any permit under the aforementioned provisions of said Title 20 includes a preliminary grading plan, no grading permit shall be issued unless the director determines that the provisions, conditions and specifications in such grading permit are in substantial compliance with the intent of said preliminary plan.

ding permit pursuant to this chapter. In cases where the approval of a tentative map or any permit under the aforementioned provisions of said Title 20 includes a preliminary grading plan, no grading permit shall be issued unless the director determines that the provisions, conditions and specifications in such grading permit are in substantial compliance with the intent of said preliminary plan.

The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for or an approval of any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which it authorizes is lawful.

The issuance of a permit based upon plans and specifications shall not prevent the director from thereafter requiring the correction of errors in said plans and specifications or from preventing grading operations being carried on thereunder when in violation of this Code, any other ordinance of the city, or any other applicable law.

• N. Expiration. The term of every grading permit shall be determined as follows:

  1. The term of a grading permit may be the same as the term of an improvement contract if:

     • a. The applications for the grading permit and any and all applicable and necessary plans for public improvements have been filed by the applicant so as to enable the city to consider both such applications and such plans, before the issuance of the permit; and

     • b. The proposed grading was shown on a preliminary grading plan approved by the city as a part of an approved tentative map submitted under the provisions of Title 19, Subdivisions, of the San José Municipal Code, a site development permit, a PD permit or other use permit for the land to be graded; provided that the term of such grading permit shall not exceed the "term of applicability" specified in the soil engineering and geology report which is required to be filed pursuant to Section 17.04.340C., or three years, whichever is less.

  2. If the grading permit is issued without specification of its term, the grading permit shall expire six months after its issuance, unless the term of such permit has been extended by the director for delays beyond the control of the applicant.

     • a. Such extension may be given the form of a new permit with a new term, upon approval of the director, without an additional planchecking fee or grading fee. If substantial work has not been commenced, only one such extension can be granted.

     • b. If at any time after the grading work has commenced, the grading proj-

T17:18

BUILDINGS AND CONSTRUCTION

§ 17.04.360

  - ect authorized by such permit is suspended or abandoned for a period of six months, the permit shall expire. Before such work can be recommenced, a new permit shall be first obtained to do so. No fee shall be charged for such permit, provided that no changes have been made or will be made in the original plans or specifications for such work and provided further that such suspension or abandonment has not exceeded one year.

t is suspended or abandoned for a period of six months, the permit shall expire. Before such work can be recommenced, a new permit shall be first obtained to do so. No fee shall be charged for such permit, provided that no changes have been made or will be made in the original plans or specifications for such work and provided further that such suspension or abandonment has not exceeded one year.

  - Upon expiration of the permit without completion of the project, as evidenced by a statement of completion, the permit holder shall leave the site in a safe and nonhazardous condition. 

• O. Suspension or revocation. If the director determines that the permit is issued in error, on the basis of incorrect information supplied, or in violation of any law, ordinance, or any of the provisions of this Code, or the work being performed does not comply with the permit, or changed conditions or additional information indicates that the grading as permitted could create a hazard, then the director may, in writing, suspend or revoke a permit issued under the provisions of this Code.

• P. Appeal.

  1. Any permittee or applicant for a permit shall be given notice setting forth the reasons for any determination to deny, suspend or revoke any grading permit under this part. Said permittee or applicant shall be given the opportunity for a hearing before the director within a reasonable time from said notice. No grading work shall be done on the site pending appeal and any affected permit shall be automatically suspended pending final resolution of the appeal to director.

  2. Any final determination of the director under this part may be appealed to the

San José Code Enforcement Appeals Commission. The prohibition on grading work and the suspension of the permit effectuated under Subsection P.1., above, shall continue pending final determination of such an appeal to said commission.

• Q. Plans and specifications. Each application shall be accompanied by one set of plans and specifications, and supporting data consisting of a soil engineering and engineering geology report unless waived by the director.

(Prior code § 8127; 17.04.280; Ords. 21719, 29203.)

• A. Plan-checking fee. Before accepting a set of plans and specifications for checking, the director shall collect a plan-checking fee. Separate building permits and fees shall apply to retaining walls or major drainage structures. 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 in the schedule of fees established by resolution of council.

• B. Grading permit fees. A fee for each grading permit shall be collected by the director. The amount of the fee shall be as set forth in the schedule of fees established by resolution of council.

The fee for grading permit authorizing additional or less work than that under a valid permit under Section 17.04.340I or Section 17.04.340J of this chapter, shall be the difference between the fee paid for the original permit and the fee shown for the entire project, and any excess shall be refunded after acceptance of the project.

(Prior code § 8127; 17.04.280; Ord. 21719.)

The director may require bonds in such forms 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.

T17:19

SAN JOSÉ CODE

§ 17.04.360

Required bonds may be included with any other surety bond otherwise required by the city. (Prior code § 8127; 17.04.280; Ord. 21719.)

Each grading permit application where the design volume of either the export or import of earth material exceeds ten thousand cubic yards shall be reviewed by the director of traffic operations. For such permits, the director of traffic operations shall determine and designate those routes which will be allowable for trucks or other equipment of permittee or its contractors or subcontractors, agents, or employees doing work under the grading permit, traveling between the construction site and/or the excavation, landfill or quarry sites. The use of these designated routes shall be a condition of such a grading permit. The use of routes other than the designated routes by permittee or its contractors or subcontractors, agents, or employees doing work under such a grading permit shall be cause for the director to revoke or suspend the grading permit in addition to any other remedy of the city.

(Prior code § 8127; 17.04.280; Ord. 21719.)

In addition to, or in lieu of, any other remedy the city may have, the director shall have the right to revoke or suspend the grading permit if the permittee or its contractors or subcontractors, agents, or employees doing work under the grading permit refuse to remove or fail to remove promptly any dirt, rock, refuse, or garbage that was dropped, deposited, placed, dumped, or spilled, thrown or has fallen off, or was tracked off any vehicle onto any street, highway, or public property of the City of San José by the permittee or its contractors or subcontractors, agents or employees doing work under the grading permit after a notice to permittee from the director to cease and desist from refusing to remove such material or failing to remove such material promptly.

(Prior code § 8127; 17.04.280; Ord. 21719.)

• A. General. Unless otherwise recommended in the approved soil engineering and/or engineering geology report, cuts shall conform to the provisions of this section. Exceptions from standards established by this Code may be permitted by the director. Each such exception requested shall be listed by the engineer on the plans and/or in the specifications.

• B. Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use, and shall not exceed two horizontal to one vertical, except as permitted by the director.

• C. Cut Location. Cut slopes shall not be constructed where the top of the cut intercepts the natural ground surface below a planned or existing fill slope within a horizontal distance equal to one-third of the vertical height of the fill slope above.

• D. Drainage and Terracing. Drainage and terracing shall be provided as required by Section 17.04.420.

(Prior code § 8127; 17.04.280; Ord. 21719.)

• A. General. Unless otherwise recommended in the approved soil engineering report, fills shall conform to the provisions of this section. Exceptions from standards established by this Code may be permitted by the director. Each such exception requested shall be listed by the engineer on the plans and/or in the specifications. In the absence of an approved soil engineering report these provisions may be waived for minor fills not intended to support structures.

• B. Fill Location. Fill slopes shall not be constructed on natural slopes steeper than two to one or where the fill slope terminates above a planned or existing cut slope, within a horizontal distance equal to one-third of the vertical height of the fill.

• C. Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other

T17:20

BUILDINGS AND CONSTRUCTION

§ 17.04.410

materials as determined unsuitable by the soil engineer. Where the slopes are five to one or steeper, fills shall be benched into sound earth material.

• D. Fill Material. Only earth materials which have no more than minor amounts of organic substances and have no rock or similar irreducible material with a maximum dimension greater than eight inches shall be used, except as permitted by the director.

• E. Compaction. All fills shall be compacted according to the recommendations of the soils report. If a soils report has not been made, then the compaction test method and the required relative compaction shall be indicated on the plans and/or in the specifications.

• F. Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use and, in no event, steeper than two to one, except as permitted by the director.

• G. Drainage and terracing. The area above fill slopes and the surfaces of terraces shall be graded and paved as required by Section 17.04.420.

(Prior code § 8127; 17.04.280; Ord. 21719.)

• A. Setbacks. The tops and the toes of cut and fill slopes shall be set back from property boundaries as far as necessary for safety of the adjacent properties and to prevent damage from water runoff or erosion of the slopes, and shall be set back from structures as far as necessary for adequacy of foundation support and to prevent damage as a result of water runoff or erosion of the slopes.

  • Unless otherwise recommended in the approved soil engineering and/or engineering geology report and shown on the approved grading plan, setbacks shall be no less than shown in Table No. 1:

• Dimension "d" is the horizontal distance from the bottom of a structure footing to the face of an adjacent slope.

T17:21

SAN JOSÉ CODE

§ 17.04.410

==> picture [229 x 202] intentionally omitted <==

• B. Exceptions. Foundation setbacks from property lines and slopes of cuts and fills shall not apply with respect to construction of multiple dwelling units with common and integral foundations with suitably joined and reinforced retaining walls, abutments, piers, columns, and other common structural members.

(Prior code § 8127; 17.04.280; Ord. 21719.)

• A. General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this section.

• B. Terrace. Terraces at least six feet in width shall be constructed on all slopes having a maximum height of thirty feet or more and shall be established at not more than thirty-foot vertical intervals to control surface drainage and debris. Suitable access shall be provided to permit proper cleaning and maintenance.

Swales or ditches on terraces shall have a minimum gradient of two and one-half percent along the ditch and five percent toward the ditch and must be paved with reinforced concrete not less than three inches in thickness or an approved equal paving.

A single run of swale or ditch shall not collect runoff from a tributary area exceeding forty thousand square feet (projected) without discharging into a downdrain.

• C. Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.

• D. Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainageway approved by the director and/or other appropriate jurisdiction as a safe place to deposit such waters. If drainage facilities discharge onto natural ground, riprap or other erosion control and energy dissipating devices may be required. At least one percent gradient from building pads toward approved drainage facilities shall be required.

(Prior code § 8127; 17.04.280; Ord. 21719.)

• A. Slopes. The faces of cut and fill slopes which accept overland or sheet flow or any cut or fill slope of erodible material over three feet in height shall be treated with an approved erosion control treatment immediately following completion of construction when rough grade has been attained between November 1st and May 31st, or before November 1st if rough

T17:22

BUILDINGS AND CONSTRUCTION

§ 17.04.440

grade is attained between May 31st and November 1st. An approved erosion control plan may include effective planting or other erosion control devices and may require maintenance in a manner satisfactory to city by means of contracts, deed restrictions, or other instruments approved by city.

• B. Other Devices. Check dams, sedimentation basins, cribbing, riprap or other devices or methods to control erosion and sediments shall be employed when necessary to provide safety and protect water quality.

• C. Exception. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, protection specified under subsection A and B, above, may be omitted, as permitted by the director.

• D. Bonding. The director may require bonds in such forms 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 or protect water quality.

(Prior code § 8127; 17.04.280; Ord. 21719.)

• A. General. All grading operations for which a permit is required shall be subject to inspection by the director. The director may also require special inspection and testing during the course of the work, as set forth in Section 17.04.440B.

• B. Special Inspection and Testing.

  1. Engineered grading. When, during the course of the work, the director so requires, the engineering geologist shall inspect the work for geological matters including, but not limited to, the adequacy of the natural ground for receiving fills, the stability of cut slopes, and the need for subdrains or other groundwater drainage devices; the soils engineer shall inspect the work for elements including, but not limited to, the preparation of the

ground to receive fills, the adequacy of testing for required compaction, the stability of all finish slopes, and the design of buttress fills, incorporating, where required, criteria supplied by the engineering geologist; and the civil engineer shall inspect the work for elements within his area of technical specialty including, but not limited to, the proper establishment of line, grade and drainage.

The engineering geologist and soil engineer shall report their findings to the civil engineer, who shall ensure that all concerns warranting change in the engineering criteria for the work are acted upon immediately, and he shall so report to the director.

The director or his authorized representative may inspect the work when a statement of completion is required, or at any other time as he deems necessary.

2. Regular grading. When, during the course of the work, the director so requires, a testing agency shall be called upon to test and inspect the work for matters including, but not limited to, the adequacy of cleared areas and benches to receive fill, and the compaction of fills.

If the director has cause to believe that geologic hazards may be involved, the work shall be required to conform to the provisions of section 17.04.440 B.1.

• C. Notification of Noncompliance. If, in the course of fulfilling their responsibility under this chapter, the civil engineer, the soil engineer, the engineering geologist, and/or the testing agency find that the work is not being done in conformance with this chapter or the approved grading plans and specifications, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the director. Recommendations for corrective measures, if necessary, shall be

T17:23

SAN JOSÉ CODE

§ 17.04.440

submitted. Failure to implement corrective measures immediately is grounds for suspension or revocation of the grading permit.

• D. Transfer of Responsibility. If during the course of the work either the civil engineer, the soil engineer, the engineering geologist or the testing agency of record is changed, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of his technical competence for a statement of the completion of the work.

(Prior code § 8127; 17.04.280; Ord. 21719.)

Upon completion of the work, the director may require the applicant to submit a final report. This final report shall conform to procedures established by the director.

(Prior code § 8127; 17.04.280; Ord. 21719.)