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Cupertino, CA Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing chapter
Municipal Code Ch. 16.08
Design storm
10-year storm, City intensity curves
Required plan
Interim Erosion and Sediment Control Plan
Security required
Bond covering erosion control and corrective work
Bond minimum
100% of approved estimated cost

Summary

Cupertino requires an Interim Erosion and Sediment Control Plan for grading and land-disturbing work, covering sediment retention, runoff diversion and revegetation measures, secured by a bond and calculated against a ten-year design storm under the city's grading chapter.

The purpose of this chapter is to safeguard life, limb, property, and public welfare by establishing minimum requirements and standards for regulating excavation, grading, clearing, and retaining wall construction, and to preserve and enhance water quality by controlling surface runoff, erosion and sedimentation, and establishing procedures by which these requirements may be enforced. ... Interim erosion and sediment control plan ... when required under Section 16.08.060 ... The applicant shall provide an interim plan, either integrated with the site map/grading plan or separately, at the discretion of the Director. ... Maximum surface runoff from the site shall be calculated using a ten year design storm and the City of Cupertino intensity curves as shown in the master storm drain plan; ... A delineation and brief description of the measures to be undertaken to retain sediment on the site, including, but not limited to, the designs and specifications or berms and sediment detention basins, and a schedule for their maintenance and upkeep; ... An estimate of the cost of implementing and maintaining all interim erosion and sediment control measures must be submitted in a form acceptable to the Director.

Full Breakdown

08 of the Municipal Code, Excavations, Grading and Retaining Walls, states its purpose is to preserve and enhance water quality by controlling surface runoff, erosion and sedimentation. 060, alongside the grading plan, work schedule and soils report. 110 spells out what that Interim Plan must contain: the applicant must calculate maximum surface runoff from the site using a ten-year design storm and the City's intensity curves from the master storm drain plan, then describe the sediment-retention measures such as berms and sediment detention basins with their maintenance schedule, the surface runoff and erosion control measures including mulching and diverters, dikes and drains, and the vegetative measures including seeding methods and preexisting vegetation to be preserved, each with its own maintenance schedule.

Every measure listed must be depicted on a site map, and the applicant must submit a cost estimate for implementing and maintaining the interim measures in a form the Director accepts. 150 requires the permittee to post a bond covering both grading erosion control and any corrective work needed to eliminate geological hazards or conditions likely to pollute a watercourse with sediment, in an amount at least equal to the approved estimated cost of that work. 140 requires a master work schedule that includes the proposed timing for installing all interim erosion and sediment control measures, tying the plan to an enforceable construction sequence rather than a one-time filing.

Violations & Fines

Failure to submit the required interim plan or work schedule blocks issuance of the grading permit itself, since Section 16.08.080 lists these as mandatory application items. Once a permit issues, the bond required under Section 16.08.150 stands as security the city can draw on to complete corrective erosion or sediment work the permittee fails to perform, including work needed to eliminate hazardous conditions or conditions likely to pollute a watercourse or drainage facility with sediment.

Frequently Asked Questions

What erosion control document does Cupertino require for grading work?
Section 16.08.110 requires an Interim Erosion and Sediment Control Plan describing sediment-retention measures, runoff and erosion control measures, and vegetative measures, each shown on a site map with its own maintenance schedule and a cost estimate.
How is stormwater runoff calculated for the erosion plan?
The applicant must calculate maximum surface runoff from the site using a ten-year design storm together with the City of Cupertino intensity curves shown in the master storm drain plan, per Section 16.08.110.
Is a bond required for erosion control during grading?
Yes. Section 16.08.150 requires the permittee to post security in an amount not less than the full approved estimated cost of performing the interim erosion and sediment control work, including any corrective work needed to prevent watercourse pollution.

Sources & Official References

Other rules in Cupertino

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