AN ORDINANCE TO REGULATE GRADING, DRAINAGE AND CONTROL EROSION IN SAN BENITO
COUNTY
Ordinance No. 708
The Board of supervisors, County of San Benito does ordain as follows:
Section 1
Chapter 7A of the San Benito County Code, formerly entitled
"Grading and Erosion Control" is hereby repealed in its entirety and
the following provisions of Chapter 7A entitled "Grading, Drainage and
Erosion Control" shall be added to the San Benito County Code:
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.
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.
(a) 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.
(ai) 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.
(b) Bedrock - The in-place solid, undisturbed material either at the ground
surface or beneath superficial deposits of gravel, sand or soil.
(c) Bench - A relatively level step excavated into earth material.
(d) Civil Engineer - A professional engineer registered in the State of
California to practice civil engineering.
(e) Clearing - The removal of vegetation down to bare soil.
(f) Compaction - The densification of earthen solids.
(g) Contractor - Any person licensed in the State of California to do grading
as defined by state law.
(h) Diking - Construction of an earthen berm to control or confine water.
(i) Drainage Course - A natural or man-made channel which conveys storm
runoff either year round or intermittently.
(j) Dredging - Scooping or digging of earth material.
(k) Driveway - Any private road leading from the street to only one habitable
structure or parcel.
(l) Earth Materials - Rock, natural soil, sand or combination thereof.
(m) Engineering Geologist - A professional geologist registered in the State
of California to practice engineering geology.
(n) Erosion - The wearing away of the ground surface as a result of movement
of wind, water or ice.
(o) Existing Grade - The grade prior to grading.
(p) 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.
(q) Finish Grade - The final grade of the site which conforms to
the approved plan
(r) Grade - The vertical location of the ground surface, or the degree of
rise or descent of a slope.
(s) Geologic Hazard - Any condition in naturally occurring earth materials
which endangers life, health or property.
(t) Grading - Excavating, or filling, dredging, diking, prospecting,
exploratory digging and drilling for geotechnical reports.
(u) 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.
(v) Land Disturbance - Clearing, excavating, grading or other manipulation of
the terrain.
(w) Riparian Corridor - Any of the following:
| (i) Lands within a stream channel, including the stream and the
area between the mean rainy season bankfull
flowline; |
| (ii) 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; |
| (iii) Lands extending 30 feet (measured horizontally) from each side
of an intermittent stream. Distance shall be measured from the
mean rainy season bankfull flowline; |
| (iv) Lands extending 100 feet (measured horizontally) from the high
watermar4k of a lake, wetland, estuary, lagoon or natural body of
standing water; |
(v) Lands containing a riparian woodland.
(w) Road Gradient - A vertical rise multiplied by 100 and divided by
horizontal run.
(x) Road/Roadway/Right of Way - An open way for vehicular traffic serving
more than two parcels.
(y) 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.
(z) Site - A parcel of land or contiguous combination therefor, where grading
is performed or proposed.
(aa) Scope - An inclined ground surface, the inclination of which is
expressed as a ration of horizontal distance to vertical distance.
(bb) Soil - Naturally occurring superficial deposits of earth material
overlaying bedrock.
(cc) Soil Engineer - A civil engineer, registered in the State of California,
experienced and knowledgeable in the practice of soil engineering.
(dd) Stream - Any watercourse as designated by a solid line or dash and three
dots shown on the largest scale of the United Stated Geological Survey map most
recently published.
(ee) Terrace - A relatively level step constructed in the face of a graded
slope for drainage and maintenance purposes.
(ff) Waterbreak - A ditch, dike, dip, or combination thereof, constructed to
effectively divert water as an aid to erosion control.
(gg) 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.
No person shall do any grading without first having obtained a grading permit
from the Building Inspection and Planning Department, except for the following:
(a) 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, onsite drainage ditches,
brush removal, preparation of ranch roads related strictly to access to fields,
creation of stock ponds and similar operations necessary to prepare a field for
a crop. 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.
(b) 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 (5) feet. All retaining walls over four
feet in height shall be engineered and require a permit.
(c) Cemetery graves.
(d) Solid waste facilities controlled by other regulatory agencies and
subject to other permits.
(e) Mining, quarrying, excavating, as defined and regulated in Chapter 6C of
the San Benito County Code.
(f) 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 re-seeding where
appropriate) are met when covering the excavation.
(g) Minor alterations of non-agricultural land which do not exceed fifty (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.
(h) Emergency Grading: 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.
(i) Water wells.
(j) 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.
Any grading requiring engineering is not exempt from the provisions of this
Chapter.
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.
No grading shall occur in areas of recent landslide as determined by a
geotechnical evaluation or in areas exceeding 30% in slope measured both
horizontally and vertically.
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 said property, upon receipt of notice in writing from the county
shall within the period specified therein repair or eliminate such excavation or
embankment so as to eliminate the hazard and be in conformance with the
requirements of this Chapter. IF the property owner does not repair or
eliminate the hazard, the County may remove the hazard at the property owner's
expense.
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.
(i) Two (2) sets of 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 5,000 cubic yards or a
dam, retaining wall or fill over four (4) feet in height is required.
(ii) 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:
| (A) A statement as to the specific intentions or ultimate purpose for
which the grading is being done. |
| (B) General vicinity of the proposed site. |
| (C) Property limits and accurate contours of existing ground and
details of terrain and area drainage. |
| (D) Limit dimensions, elevations or finish contours to be achieved by
the grading and proposed drainage channels and related construction. |
| (E) Detailed plans of all surface and subsurface drainage devices,
walls, culverts, bridges, retaining walls, cribbing dams and other
protective devices to be constructed with, or as a part of, the proposed
work together with a map showing the drainage area and the estimated
runoff of the area served by any drains. |
| (F) 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
fifteen (15) feet of the property or which may be affected by the
proposed grading. |
| (G) Starting and completion dates. |
| (H) 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. |
| (I) Provide an estimated amount of cut and fill material and vertical
dimensions of cut and fill material. |
| (J) Provide erosion and drainage control plan. |
| (K) Other information required by the County necessary to adequately
describe and analyze the proposed project. |
Applications for grading that do not contain the required information will
not be accepted.
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 such 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.
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.
(a) Issuance. The issuance of a grading permit shall be the responsibility of
the Planning Director and shall constitute and 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." Such 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. Such 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. |
(d) Denial of Permit. An application for a grading, dredging, or disking
permit shall be denied if the County makes any of the following changes:
1. That the design of the proposed site is not consistent with the applicable
general plan adopted by San Benito County.
2. That the project as proposed will create a building site for which
adequate sewage facilities and water supplies cannot be provided.
3. That the project as proposed will cause excessive and unnecessary
disturbance of the site or requires grading on slopes greater than 30% in
slope.
4. 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.
5. That the work proposed will create an unavoidable adverse environmental
impact.
6. That the project as proposed will place fill within a 100-year flood plain
(unless it can be demonstrated through environmental review that the fill will
not cause significant flood hazard).
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
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 ninety (90) days from the date of
permit issuance, or if the work authorized is commenced and then suspended for a
period of thirty (30) days, unless such 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.
The fee for plan check and issuance of a grading permit shall be set by
ordinance of the Board of Supervisors.
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 n the grading permit were not met, or if the
permittee abandons the site prior to completing the grading, erosion control or
drainage requirements, of if the Building Official determines that action by the
County is necessary to prevent excessive erosion from occurring on site.
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.
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 applicant at their expense. The permittee or his
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.
(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, 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 sixty 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 sixty 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 the
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.
Any initial decision made by the Planning Director or Planning Commission
under this Chapter is not final until the later date of either 1) if no appeal
is filed, the expiration of the time for the filing of an appeal, or 2) if an
appeal is filed, the date a final decision is made by the appeals body hearing
the final appeal possible under this Chapter.
(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 punishable as provided in Chapter
19 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 19 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 19 of this code is hereby incorporated by
reference as though its provisions were fully set forth herein.
Section 2
If any section, subsection, sentence, clause or phrase of this ordinance is
for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining
portions of the ordinance. The Board of Supervisors hereby declares that it
would have enacted this ordinance and each section, subsection, sentence,
clause, or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or phrases be declared invalid or
unconstitutional.
Section 3
This ordinance shall become effective thirty (30) days from the date of final
passage.
Section 4
The titles and headings of this article and the sections thereunder are not
part of this ordinance and shall have no effect upon the construction or
interpretation of any part thereof.
The foregoing ordinance is passed and adopted by the Board of Supervisors of
the County of San Benito, State of California, at the meeting of said Board held
on the 28th day of April, 1998.
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