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(A) Other approvals required before issuance. No grading permit for any development project requiring the approval of the Planning Commission, City Council or city staff shall be issued until the development project has been approved, and such approval includes approval of a grading concept. All discretionary approvals required by the code for the development project with which the grading permit application is associated must be obtained prior to issuance of the grading permit. All approvals required for the development project or the grading work by other city departments or outside agencies shall be the responsibility of and obtained by the applicant prior to issuance of the grading permit.
(B) Environmentally sensitive areas. No grading permit for any work within 100 feet of an environmentally sensitive area shall be issued between October 1 to May 31, except grading permits for the construction and maintenance of erosion control systems, as approved by the City Engineer.
(C) Grading security. No grading permit shall be issued unless and until the applicant posts the applicable security required under § 15.36.120.
(D) Terms of grading permit. The grading permit shall contain such terms, conditions and restrictions as are necessary to implement the applicable provisions of this chapter and the code and state or federal law applicable to the work to ensure the work is performed in accordance with the approved plans and geotechnical reports and to protect the public health, safety and welfare.
(E) Responsibility of permittee. It shall be the responsibility of the permittee to be knowledgeable of and comply with the conditions and/or restrictions of the grading permit as outlined in applicable provisions of this chapter and as contained on the approved plans and in the approved geotechnical report(s). It shall also be the responsibility of the permittee to be knowledgeable with the obvious and accessible location on the site and maintain an on-site copy of the approved plans bearing the stamp or signature of approval by the City Engineer.
(Ord. 3378 § 5 (part), 2023; Ord. 2806 § 4, 2006; Ord. 2568 § 1, 2002.)
(A) Generally. The grading permit shall be denied if the proposed work cannot be designed or performed in accordance with this chapter and any other applicable ordinances, rules, regulations or conditions.
(B) Creation of hazard. The grading permit shall be denied if the proposed work may constitute a hazard to property, result in debris being deposited on any public street or public way or interfere with any existing drainage course. If it can be shown to the satisfaction of the City Engineer that the hazard can be sufficiently mitigated by the construction of retaining structures, buttress fills, drainage devices or by other means, the City Engineer may issue a grading permit with the condition that such mitigation measures be performed.
(C) Geologic or flood hazard. The grading permit shall be denied if the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property.
(Ord. 3378 § 5 (part), 2023; Ord. 2568 § 1, 2002.)
(A) Issuance and completion of work. Every grading permit shall be valid for a period of 180 days from the date of issuance. The City Engineer may extend the 180 day time period for up to three successive periods of 180 days each, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented completion of the grading.
(B) Suspension of construction or abandonment of work. Every grading permit shall expire by limitation and become null and void if the work authorized by the grading permit is not commenced within 180 days from the original date of issuance. Every grading permit shall expire if the work authorized by such permit is suspended for a continuous period of 180 days or if the site is abandoned at any time after work has commenced.
(C) Renewal. If a grading permit expires, upon written request and justification from the permittee within 30 days of the expiration, the City Engineer may renew the grading permit provided that the total elapsed time has not exceeded the time limits allowed for a grading permit under division (A) of this section.
(D) Changed conditions. The City Engineer may order the suspension of any work authorized by a grading permit upon determination that the weather, soil, slope or general site conditions may cause serious accelerated erosion or sediment damage either on-site or downstream from the site. Any suspension of work ordered by the City Engineer shall toll the time limits applicable to the grading permit.
(E) Change of ownership. Grading permits shall automatically be suspended upon a change of ownership, until such time as the new owner obtains a new permit with the revised ownership information or until such time as the applicant provides new ownership information and a letter of consent for the grading operations from the new owner. There shall be no additional fee for the grading permit issued to the new owner, provided no changes to the approved plans are requested that generate additional staff work.
(Ord. 3378 § 5 (part), 2023; Ord. 2568 § 1, 2002.)
(A) Requirement for security. Prior to issuance of a grading permit, the security required by this section shall be posted with the city. The security shall guarantee, and the city shall have the right to draw upon such security to satisfy, the following:
(1) Compliance with all applicable provisions of this chapter and the code, state and federal law and other applicable ordinances, rules and regulations of the city;
(2) Compliance with any and all terms and conditions of the grading permit and all approved plans;
(3) Completion of the work authorized under the grading permit and the erosion control system(s) to the satisfaction of the City Engineer and in accordance with the approved plans;
(4) Completion of all emergency and routine maintenance and repair of the erosion control system(s) to insure the continuous integrity of the system(s) to the satisfaction of the City Engineer and as may otherwise be required by this chapter;
(5) Restoration and repair of public streets or other public property adversely impacted or damaged or the mitigation of any hazardous condition created by any activity of the permittee or agent of the permittee or any erosion from any site associated with the grading work.
(B) Amount and form of security. The amount of the security shall be equal to 30% of the total estimated cost of the work authorized by the grading permit, plus 100% of the total estimated cost of the erosion control system(s) required by the Erosion Control Plan. The permittee's estimate of the cost shall be based on the established unit costs available from the city and shall be subject to the review and approval by the City Engineer. At least 25% of the required security shall be in cash and shall be deposited with the City Engineer. The remainder of the erosion control security shall be subject to the approval of the City Engineer and City Attorney and consist of one or more of the following:
(1) Cash deposit;
(2) Surety bond;
(3) Certificate of deposit;
(4) Letter of credit, in city format, from one or more local financial institution(s) subject to regulation by the state or federal government.
(C) Failure to maintain security. If a permittee fails to maintain the security required by this section, the City Engineer may revoke the permittee's grading permit without prior notice to the permittee. Any such revocation shall be in writing.
(D) Replenishment of cash deposit. The City Engineer shall notify the permittee of any withdrawal from the permittee's cash deposit. If the costs exceed the balance of the permittee's funds on deposit, the City Engineer shall cause an invoice to be sent to the permittee demanding payment of the amount by which the costs exceed the permittee's deposit. The permittee shall, within ten days of receipt of such invoice, deposit with the City Engineer that amount of cash necessary to bring the permittee's deposit up to its original balance. If the permittee fails to pay such amount in full within 30 days from the date of the invoice, the permittee's grading permit shall be automatically revoked. Renewal of the grading permit shall not be completed until the invoice is paid in full. No final grading inspection shall be completed until the permittee has fully satisfied all monetary obligations to the city imposed pursuant to this division (D). Additionally, no further construction permits, including, but not limited to, building permits or occupancy permits, shall be issued until such monetary obligations are fully satisfied.
(E) Release of security.
(1) On June 1 of each year, or at the end of the actual rainy season (as determined by the City Engineer), whichever occurs later in time, the City Engineer may release the amount of security posted to guarantee erosion control system(s), upon receipt of a written request for such release by the permittee.
(2) The City Engineer may require the security posted for permittee's erosion control system(s) to remain on deposit with the city throughout the grading of the project and not be released until completion of the landscaping improvements for the associated development project if the City Engineer determines that due to the nature, configuration or location of the development project it is in the best interest of the city to retain the erosion control security until the landscaping improvements are complete.
(3) Security posted to guarantee all work authorized under the grading permit, other than the erosion control system(s), shall be released upon inspection and approval of the work by the City Engineer, except where the work is performed in conjunction with a subdivision or parcel map approval, in which case the security shall be released upon receipt of the warranty surety and acceptance of the final subdivision or parcel map by the City Council.
(4) The City Engineer shall not release a permittee's security if the permittee has an outstanding monetary obligation to the city or if cleanup or repair of public streets or other public property for which the permittee is responsible has not been completed to the satisfaction of the City Engineer.
(Ord. 3378 § 5 (part), 2023; Ord. 2806 § 5, 2006; Ord. 2568 § 1, 2002.)
Grading and equipment operations shall only be completed between the hours of 7:00 a.m. and 8:00 p.m. Monday through Saturday, excluding holidays, and from 10:00 a.m. to 6:00 p.m. on Sundays and holidays. Grading work or equipment operations may be permitted before or after the allowable hours of operation if the City Engineer determines that such operations are not detrimental to the health, safety or welfare of residents or the general public. Permitted hours of operations may be shortened if the City Engineer determines that the grading work or equipment operations have an adverse effect on the health, safety or welfare of the surrounding community.
(Ord. 3378 § 5 (part), 2023; Ord. 2568 § 1, 2002.)
Where an excess of 5,000 cubic yards of earth material for a project site is transported over public roadways to or from the project site as part of the grading work, all of the following requirements shall apply:
(A) Either water or dust preventative spray material (or both) shall be consistently applied for prevention of dust resulting from the loading or transportation of earth to or from the project site on public roadways. The permittee shall be responsible for maintaining public rights-of-way, used for transporting materials, in a condition free of dust, earth or debris attributed to the grading work;
(B) Loading and transporting of earth materials to or from the site must be accomplished within the times set forth in § 15.36.130;
(C) Access roads to the site shall be only at points designated on the approved plans;
(D) At a minimum, the first 50 feet of access road adjacent to the intersection with the public roadway shall have a grade not to exceed 5%. There must be a 300 foot clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the 5% grade or 300 foot sight distance requirements cannot be obtained due to site constraints, then flagmen shall be posted at the access road and shall remain for the entire duration of material transportation operations;
(E) A stop sign conforming to the requirements of the California Vehicle Code shall be posted at the exit of the access road to the public roadway;
(F) Advanced warning signs along with traffic control and safety devices shall be reviewed and approved by the City Engineer and shall be posted on the public roadway in the vicinity of the access intersection as required by the current Work Area Traffic Control Handbook "WATCH" manual. The size, shape, color, number, spacing and other details of all such signs and devices shall conform to the standards contained therein and in the current State of California Department of Transportation "Traffic Manual." The advanced warning signs and other devices shall be covered or removed when the access intersection is not in use.
(Ord. 3378 § 5 (part), 2023; Ord. 2568 § 1, 2002.)
(A) The City Engineer may specify the route for moving any earth materials over public streets, whether or not the destination site or origination site of the earth materials is subject to a grading permit. The City Engineer may further specify load limits where, in his or her opinion, the standard load capacity of vehicles used in such hauling would cause excessive damage to streets on the designated route. Any specified route or load limit shall be made in writing and a copy shall be provided to the Traffic Division of the Public Works Department and the Traffic Division of the City Police Department. Deviation from the designated route or load limits shall constitute a violation of this chapter.
(B) Any person moving earth materials in violation of the chapter shall be financially responsible for any damage to the public streets and shall pay to the city the cost, as determined by the City Engineer, of repairing such damage or shall repair the damage to the satisfaction of the City Engineer.
(C) At least 24 hours before moving the earth materials is to commence, the applicant shall notify the City of Corona Public Works Department, Traffic Division and Inspection Division.
(Ord. 3378 § 5 (part), 2023; Ord. 2568 § 1, 2002.)
(A) Vehicle Code § 23112(b) forbids the placing, dumping or depositing of earth materials on public streets or any portion of the public right-of-way. All vehicles engaged in moving earth materials shall refrain from depositing earth materials on public streets by any means, including, but not limited to, spillage from the bed of a truck or other vehicle and debris collected on the wheels of a vehicle. The City Engineer may require a cash deposit from any person moving earth materials over public streets to ensure the cleanup of public streets.
(B) Any person moving earth materials over public streets shall be responsible for the immediate and complete removal of any materials spilled, dumped or deposited on a public street. If the person fails to immediately remove such spillage, dumping or deposited material, and it is necessary for the city to complete the removal, the responsible party, permittee or property owner from where the material was removed from or deposited to shall be liable to the city for the cost of such removal work. A cash deposit may be required to insure the cleanup of public streets prior to approval of the haul route.
(Ord. 3378 § 5 (part), 2023; Ord. 2568 § 1, 2002.)
Any person conducting any grading work or moving any earth material shall be responsible for controlling the dust from such activities at all times. The property owner, grading contractor and permittee shall all be responsible for implementing any and all Best Management Practices (BMPs) for all grading and earth-moving operations in accordance with the National Pollutant Discharge Elimination System (NPDES) and as required by South Coast Air Quality Management District (SCAQMD).
(Ord. 3378 § 5 (part), 2023; Ord. 2568 § 1, 2002.)
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