Article 1 — GENERAL PROVISIONS

Sec. C12-400. - Purpose.

This chapter is enacted to establish minimum requirements for all grading and drainage alteration work; to establish the procedures by which these requirements may be enforced; and to protect surface water quality, adjacent and neighboring properties and the environment by prevention of soil erosion and the transport of soil sediments, which result from improper grading and drainage alteration work.

(Ord. No. NS-1203.120, § 1, 4-9-13)

Sec. C12-401. - Citation.

This chapter may be cited as the "Santa Clara County Grading and Drainage Ordinance."

(Ord. No. NS-1203.120, § 1, 4-9-13)

Secs. C12-402—C12-404. - Reserved. ARTICLE 2. - DEFINITIONS

Sec. C12-405. - Definitions.

Unless otherwise expressly stated, the following definitions are applicable to this chapter.

Abatement is the action to put an end to a grading or drainage alteration violation.

Applicant is a person, authorized by the property owner, who applies for conditional approvals or permits for grading work. The applicant may include the property owner.

Approval authority is the person or entity authorized by ordinance to either issue conditional approvals or permits for work. The Planning Official is the approval authority for the Planning Office and the Grading Official is the approval authority for the Development Services Office.

Average slope is the natural slope of the land within the proposed developed area, based upon an engineered site plan. The average slope is determined by the formula S= (I * L/A) * 100, where S is the average slope of the area in percent; I is the contour interval in feet; L is the combined length of contour lines in feet; and A is the area within the proposed developed area, in square feet.

Bedrock is the solid undisturbed rock in place either at the ground surface or beneath surficial deposits of loose rock, soil, sand or gravel.

Bench is a relatively level step excavated into sloping natural ground on which fill is to be placed.

Certificate of Occupancy is the final approval of the Building Inspection Office on the building permit inspection card.

Civil engineer is a professional engineer registered as a civil engineer by the State of California.

Compaction is the densification of soil or rock fill by mechanical means.

Cut is the excavation of natural earth materials by artificial means.

Design engineer or design civil engineer is a California-registered civil engineer.

Depth of embankment (fill) is the vertical dimension of the exposed fill surface.

Depth of excavation (cut) is the vertical dimension of the exposed cut surface.

Embankment is a bank of fill material placed on sloping or level ground, for the purpose of support, slope modification, or enclosure.

Encroachment permit is a written permit, issued either by the Santa Clara County Roads and Airports Department or other public agency responsible for the operation and maintenance of public rights-of-way, authorizing certain work within a publicly maintained right-of-way.

Engineering geologist is a registered geologist certified as an engineering geologist by the State of California.

Engineering geology is the application of geological data and principles to engineering problems dealing with rock and soil.

Erosion is the wearing away of earth materials as a result of the movement of water, wind or ice.

Erosion prevention measures are the design features of a project that are intended to prevent soil, rock, or other material from being dislodged and moved down slope by water, wind or ice.

Excavation (cut) is the removal of natural earth materials by artificial means, and includes the conditions resulting from such removal.

Existing grade is the elevation of the ground surface at a given point prior to excavating or filling.

Existing drainage pattern means the existing path and flow of stormwater runoff.

Expansive soil is any soil that expands under certain environmental conditions, including water saturation.

Fill is the deposit of natural earth materials by artificial means.

Flood, flooding, or floodwater is a temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows).

Flood Hazard Boundary Map (FHBM) is based on approximate data and identifies, in general, the Special Flood Hazard Area within a community. It is used in the National Flood Insurance Program's Emergency Program for floodplain management and insurance purposes.

Floodplain or floodprone area is any land area susceptible to being inundated by water from any source.

Floodway is the channel of a river or watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Geologic hazard is any condition in naturally occurring earth materials that endangers life, health or property, including, but not limited to, faults, existing or potential landslides, mudslides, rock falls, and weak, expansive or creeping soil; earthquake-induced ground movement or ground failure, ground shaking, seiche or tsunami inundation, subsidence, or earth liquefaction.

Grade is the vertical elevation of the ground surface.

Grade, existing is the grade prior to grading.

Grade, finish is the vertical elevation of ground surface at the conclusion of all grading efforts.

Grade, rough is the stage at which the constructed elevation of the ground surface approximately conforms to the approved plan, and any structure foundation areas that are at the plan or sub-base foundation elevation.

Grade stake inspection is the first County inspection called for by the owner after Grading Permit issuance, to demonstrate that the survey stakes for the proposed grading work have been placed according to the approved plan.

Grading is any excavation or fill or combination thereof, and includes the ground surface in its excavated or filled condition.

Grading Agreement is a written contract between the owner and the County that ensures that the approved and permitted work is completed.

Grading Official is the Manager of the Development Services Office of the County of Santa Clara or his/her designated representative.

Grading plan, final is a plan prepared by a civil engineer that is approved in accordance with this chapter, showing the proposed grading and all related work, including proposed erosion prevention and sediment control measures.

Grading plan, preliminary is a plan that shows proposed grading work, and proposed erosion prevention and sediment control measures, in relation to the existing site, prepared and submitted with the application for a Grading Approval, as described in this Chapter.

Grading work (or work) is any surficial excavation or construction of a surface with earth or stones, or combination thereof, and includes related work, such as, but not limited to, drainage improvements, retaining walls, erosion prevention and sediment control measures, and other requirements of the County.

Hazardous condition is an earthen surface that exhibits potentially very dangerous characteristics (i.e., slumping, sliding, eroding, and/or raveling) or consequences (i.e., threatening to disrupt or erode a roadbed or structure foundation) to people, animals, public or private property, or sensitive natural resources.

Impervious area is an area of development that is not penetrable by stormwater runoff and that would cause rainfall falling onto the surface to run off.

Improvement security is a form of financial security or assurance between the permittee and the County, including, but not limited to, bonds, sureties, letters of credit, certificates of deposit, and cash, that ensures that the site be mitigated of hazardous conditions should the project be abandoned prior to finalization.

Inspection is an examination of site improvements during construction by the Grading Official to judge or evaluate whether the improvements meet the plans and specifications stated or shown in the approved project plans.

Key is compacted fill placed in a trench excavated in natural earth material beneath the toe of a proposed fill slope for the purpose of increasing shearing resistance.

Landscape architect is a landscape architect licensed by the State of California.

Natural drainage swale is any course of concentrated drainage that has formed over the course of time by natural forces.

Owner is the legal owner of the property as shown in the official records of the Office of the County Recorder.

Parcel is land described as a lot or parcel in a recorded deed or shown as a lot or parcel on a subdivision map or parcel map on file in the County Recorder's office.

Permittee is any person to whom a permit is issued, including the property owner or the property owner's authorized agent, pursuant to this chapter.

Person is any person, firm, agency, or corporation whether principal, agent, employee, or otherwise, and includes public and private entities.

Planning Official is the Planning Manager of the County of Santa Clara or his/her designated representative.

Project plans are the construction documents that specifically detail all work to be constructed, specify all materials required for construction, and estimated quantities of materials, approved by the approval authority, for distribution to the owner and the owner's contractor for construction and inspection purposes.

Proposed developed area is the area within the limits of the work plan that encompasses the improvements subject to the proposed grading, plus 25 feet on the subject parcel surrounding these areas.

Retaining wall is a structure built to keep earth or water from sliding or moving.

Sediment control measures is the design features of a project that are intended to halt or reduce the movement or transport of soil sediments by stormwater flow.

Sediment control facility is a stormwater or drainage detention pond, or other device that serves the purpose of collecting water-borne sediment and debris, and is designed to be cleaned out periodically.

Site is any lot or parcel of land or combination of contiguous lots or parcels where grading is to be performed or has been performed.

Site grading is excavation and embankment of a property excluding that directly underneath a house and other buildings constructed with a valid building permit.

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

Soil is all earth material of any origin that overlies bedrock and may include the decomposed zone of bedrock that can be excavated readily by mechanical equipment.

Soil amendment is any material (such as topsoil, compost, sand, loam or other soil conditioner) added to a soil to provide nutrients to the soil, improve soil quality, its physical properties (such as water retention, permeability, drainage, aeration and structure) and plant growth. Excess cut material from a development project is not considered a soil amendment.

Soil engineer (also known as a geotechnical engineer) is a civil engineer registered by the State of California who is qualified in the field of soil mechanics and soils engineering.

Soils engineering is the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and may include the inspection, testing and construction thereof.

Stormwater is drainage that has originated as rainfall, which then flows over land.

Subsurface drainage means any flow of surface stormwater drainage that has been routed underground by way of an underground pipe or conduit.

Surcharge is additional loads applied to structures from, but not limited to, graded slopes steeper than 2:1, retaining walls, roads, driveways and any other structures (as defined by building code).

Surface drainage is the flow of runoff across and/or over ground whether due to natural drainage patterns or drainage patterns resulting from development.

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

Unstable condition is an earthen surface that exhibits one, some, or all of the following characteristics: not firm, solid, or fixed; likely to fall, collapse, slide or sway; apt to change.

Watercourse is a body of water that flows at least periodically or intermittently through a bed or channel having banks, as defined in Guidelines and Standards for Land Use near Streams, adopted by the Board of Supervisors on May 22, 2007.

Where words are not defined in this chapter and are defined in other sections of the County's Ordinance Code, such words will have the meaning ascribed to them in those ordinances. If a word in this chapter conflicts with words in other sections of the County Ordinance Code, the words in this chapter will apply.

Where words are otherwise not defined in this chapter or the County Ordinance Code, such words will have ordinarily accepted meanings such as the context implies.

(Ord. No. NS-1203.120, § 1, 4-9-13)