16.28.080   Specific exemptions.
   Sections 16.28.060 and 16.28.070(a) – (f) notwithstanding, the following activities are exempt from the permit requirements of this chapter.
   (a)   An excavation below finished grade for the footing of a building, retaining wall, or other structure authorized by a valid building permit, excluding basements and below grade parking structures. This shall not exempt any fill made with the material from such excavation nor shall it exempt any excavation having an unsupported depth greater than five feet after the completion of the structure.
   (b)   Cemetery graves.
   (c)   Refuse disposal sites controlled by other regulations.
   (d)   Excavations for wells, sanitary sewers, water pipes, natural gas pipes, and electrical/ communications conduits or cables. However, when such excavation is performed within a public utility easement, an encroachment permit is required.
   (e)   Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay, where authorized and regulated by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.
   (f)   Exploratory excavations under the direction of soils engineers or engineering geologists.
   (g)   Routine agricultural crop management practices.
   (h)   Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards.
   (i)   Any activity where the total volume of material disturbed, stored, disposed of, or used as fill does not exceed 100 cubic yards and does not obstruct or modify the storm water carrying capacity or characteristics of a drainage course.
   (j)   Sections 16.28.060 and 16.28.070 (a) – (g) notwithstanding, any activity where the total volume of material disturbed, stored, disposed of, or used as fill does not exceed five cubic yards is always exempt from the permit requirements.
   (k)   Any grading or construction activity within a Santa Clara Valley Water District right-of-way or easement which requires a water district encroachment permit.
(Ord. 5043 § 2, 2009: Ord. 4932 § 2, 2007: Ord. 4564 § 1 (part), 1999)