Santa Clara County Municipal Code Art. 3 Permit Requirements

No person shall do any grading that results in a hazardous condition, public nuisance or endangers adjacent property. No person shall do any grading, or cause or allow the same to be done, on any real property, without obtaining a Grading Permit for the following:

(a) Cuts or fills, which each independently are greater than 150 cubic yards; or

(b) Cut or fill that is greater than five feet in vertical depth at its deepest point when measured from the natural ground surface; or

(c) Work that alters, diverts, or impairs the flow of water in the watercourse.

The volume and height specified in this section are cumulative and not annual amounts.

(Ord. No. NS-1203.120, § 1, 4-9-13; Ord. No. NS-1203.126, § 1, 8-14-18)

The following grading that is in excess of the thresholds established in Section C12-406 may be performed without obtaining a grading permit, provided the grading meets the land use requirements of this division, meets the applicable exemption requirements as listed below, and does not create a hazardous condition, endanger adjacent property or cause a public nuisance. Any grading that is done without a permit in excess of the thresholds established in Section C12-406 and that does not conform to Section C12-407 is a violation of this chapter and subject to penalties and grading abatement procedures provided in this chapter.

(a) Governmental agency. Grading performed by or under the supervision or construction control of a governmental agency, including the County of Santa Clara, where that agency has provided written confirmation from an authorized representative of that agency assuming full responsibility for the work; or by a public utility on property owned by the public utility or within recorded public utility easements where the work is under the exclusive jurisdiction of the State of California Public Utilities Commission and the public utility has provided written confirmation from an authorized representative that the public utility assumes full responsibility for the work in writing.

(b) Valid building permit. Grading associated with excavation of a foundation for a building or structure that is authorized by a valid building permit. Includes grading within five feet of the perimeter foundation of the building or structure and grading necessary for the installation of a swimming pool, or a retaining wall that is connected to a building. All such grading shall be shown on building plans and inspected by the County as part of building inspection.

Said grading is not exempt if it is located within a watercourse or results in an unsupported cut or fill that is greater than five feet in vertical depth following completion of the building or structure.

This exemption does not apply to the deposit of excess soil onsite, such as soil excavated from under the foundation of a building or structure.

(c) Agriculture. Grading related solely 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 solely for the purpose of accessing agricultural fields, creation of stock ponds and similar operations necessary for the preparation and maintenance of field crops. The grading shall not be located within a landslide hazard area, on areas with an average slope greater than 20 percent or within a watercourse.

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 or berm requiring engineering or any grading that is not directly related to agriculture.

(d) Miscellaneous. Trenching, water well drilling, post hole drilling, and grading incidental to the construction or installation of underground irrigation or water supply pipelines, sanitary sewer pipelines, septic tanks and drain fields, conduits, electrical or communication facilities, provided such work shall be backfilled, compacted to 90 percent and shaped to the original contour of the land immediately after the completion of the work or within 45 days after the start of the work, whichever is sooner. Excess material deposited on-site is not included in this exemption.

(e) Geotechnical or geological investigations. Excavations for soils or geological investigations by a soils engineer or engineering geologist is exempt from a grading permit provided such work is backfilled, compacted to 90 percent and shaped to the original contour of the land under the direction of the soils engineer or engineering geologist immediately after the investigation, or within 45 days after the start of the work, whichever is sooner. Disturbed areas shall have adequate erosion prevention measures.

(f) Temporary access. Grading necessary for the temporary access to a site for geotechnical engineering, geologic investigation, septic investigation, or the installation of temporary water tanks or story poles is not subject to a grading permit. This exemption shall allow up to 300 cubic yards of material on any site, and no cuts or fills shall create slopes greater than five feet in vertical depth at their deepest points measured from the natural ground surface or affect a watercourse. Written notice of the beginning of work shall be provided to the Grading Official at least 48 hours prior to the beginning of the work. Disturbed area shall have adequate erosion prevention measures.

Restoration shall include a keyway into the natural ground, backfill, compacted to 90 percent relative density, and shape to the original contour of the land under the direction of a soils engineer. Restoration work shall take place within 45 days after the start of the work, unless additional time is approved by the Grading Official, with the submittal of photo documentation, or other materials acceptable to the Grading Official, demonstrating completion of the restoration work.

(g) Cemeteries. Excavation or deposition of materials for a grave.

(h) Timber harvesting. Grading performed pursuant to a valid timber harvesting permit or other land use approval.

(i) Landfills, mines, and quarries. Grading within the site of a sanitary landfill, quarry or plant for excavating and the processing and stockpiling of rock, sand, gravel, aggregate or clay provided that such grading or other activities are established and operated in accordance with all applicable laws and permits.

(j) Soil amendment. Soil amendments added to a site in such a manner that the relative topography of the land will remain unchanged and the increase in elevation will not exceed six inches.

(k) Maintenance of existing firebreaks and roads. Grading for the routine maintenance of existing firebreaks and roads, including clearing of materials or routine scraping to maintain an existing roadbed. This exemption does not apply to any grading done to widen existing roads or create new roads.

(Ord. No. NS-1203.120, § 1, 4-9-13)

A drainage permit is required for the following activities:

(a) Any activity that would result in the creation of additional impervious area.

(b) Any activity that results in the alteration of an existing drainage pattern, including, but not limited to, modifying an existing drainage pattern or natural drainage swale by grading, channeling or redirecting surface drainage or subsurface drainage.

(c) The construction of any improvements that have a volume of 75 cubic yards or greater within a floodplain. This volume includes fill materials or building area, in association with a building, structure or retaining wall.

(d) Any work within a floodway.

The procedural and substantive requirements for drainage permits are the same as those applicable to grading permits as provided in this chapter. Drainage alteration work conducted pursuant to a grading permit is not required to obtain a drainage permit. The permit process for drainage permits is set forth in Article 6.

The enforcement provisions in Article 7 of this chapter apply to violations of this section.

(Ord. No. NS-1203.120, § 1, 4-9-13)

The following drainage alteration activities are exempt from the requirement to obtain a drainage permit. The exemptions in this section are not intended to alter, supplement or create additional exemptions from the grading permit requirements in Section C12-407.

(a) Minor projects. The addition of less than 2,000 square feet of additional impervious area per parcel that does not occur in a floodway or have the potential to cause or exacerbate existing flood conditions, endanger adjacent property, divert or impair the flow of water in a watercourse, or cause a public nuisance. This area is cumulative and not an annual amount.

(b) Emergency access. The addition of impervious area to comply with emergency access requirements imposed in writing by the County or other public entity. This exemption is limited to the minimum impervious area that is needed to comply with the emergency access requirements.

(c) Valid grading permit. The addition of impervious area or drainage alterations approved pursuant to a grading permit issued by the County. To qualify for this exemption, all impervious areas and drainage alterations must be shown on the approved plans and must be inspected and approved by the Grading Official.

(d) Master drainage plan/other permits. The addition of impervious area or drainage alterations that are within the scope of a master drainage plan or another land use or development permit that was previously approved by the County, if the Grading Official has determined that the master drainage plan or other permit provides a sufficient basis for this exemption. This exemption does not apply if the additional impervious area or drainage alterations are inconsistent with the master drainage plan or other permit, and the Grading Official may rescind the previous determination that the master drainage plan or other permit provides a sufficient basis for this exemption if work is performed pursuant to this exemption that is inconsistent with the previously approved master drainage plan or other permit.

(e) Governmental agency. The addition of impervious area or drainage alterations by, or under the supervision or construction control of a governmental agency including the County of Santa Clara, where that agency has provided written confirmation from an authorized representative of that agency assuming full responsibility for the work, or by a public utility on property owned by the public utility or within recorded public utility easements where the work is under the exclusive jurisdiction of the State of California Public Utilities Commission and the public utility has provided written confirmation from an authorized representative that the public utility assumes full responsibility for the work in writing.

(f) Surface mining. Work performed in compliance with a reclamation plan approved pursuant to the Surface Mining and Reclamation Act, Public Resources Code § 2710 et seq. and any other permits applicable to the surface mining operation.

(g) Maintenance of existing roads, emergency access ways, and firebreaks. The maintenance of existing roads and firebreaks provided there is no net increase in impervious area or alteration of any existing drainage pattern.

(Ord. No. NS-1203.120, § 1, 4-9-13)