Banning Municipal Code Ch. 18.06 Grading Application Requirements

To obtain a grading permit, the applicant shall first file an application in writing on a form furnished by the city engineer for that purpose.

(Ord. No. 1388, § 4, 7-14-09)

A. Each application for a grading permit shall be accompanied by plans and specifications, soils engineering and geological reports, erosion and sediment control plans, proof of application for coverage under the State Water Resources Control Board (SWRCB) National Pollution Discharge Elimination System (NPDES) permit for construction activity, and all other information required by the city engineer as specified in Subarticle 3 of the grading manual, and payment of the appropriate fees. Additionally, a Water Quality Management Plan (WQMP) as specified in the MS4 permit must be accepted by the city engineer prior to issuance of a grading permit. The information required on the application form shall be kept current until the conclusion of the permitted activities.

B. Plans and specifications for grading projects requiring permits as defined in Section 18.03.020, "permits required" of this ordinance shall be prepared and signed by the engineer of record. This requirement may be extended to any project when, in the opinion of the city engineer, drainage or geologic factors may warrant a need for civil engineering design and control.

C. Grading plans and specifications shall be prepared in accordance with Subarticle 3 of the grading manual.

(Ord. No. 1388, § 4, 7-14-09)

A. Surface and Subsurface Conditions. The city engineer shall require a geotechnical report to correlate surface and subsurface conditions with the proposed grading plan. The results of the investigation shall be presented in a report in conformance with the requirements of this ordinance and Subarticle 3 of the grading manual.

B. Supplemental Reports/Data. The city engineer shall require such supplemental reports and data, as he deems necessary upon his review of the site and the reports and other data submitted. Such required data may include tests for soil fertility and agricultural suitability to be performed at the conclusion of rough grading by a recognized agronomic soil-testing laboratory, with written analysis and recommendation, to be utilized during any required revegetation.

C. Waiver of Geotechnical Report Requirements. For a specific project, the city engineer may determine that the geological and geotechnical conditions at the site are such that public safety is adequately protected and no mitigation is required. This finding shall be based on a report presenting evaluations of site in the immediate vicinity having similar geologic and geotechnical characteristics. The report shall be prepared by a certified engineering geologist or registered civil engineer, having competence in the field of seismic hazard evaluation and mitigation. The city engineer shall provide a written commentary that addresses the report conclusions as justification for waiving the requirement of a geotechnical report for the project. All such waivers shall be recorded with the Riverside County Recorder and a separate copy, together with the report and commentary, filed with the state geologist within thirty days of the waiver, in accordance with Public Resources Code Section 2697(a).

(Ord. No. 1388, § 4, 7-14-09)

A seismicity report shall be required as a condition for issuance of a grading permit for all grading applications associated with subdivisions (tracts); all grading projects that propose development with occupancy category II, III, IV structures as shown in table 1604A.5 of the California Building Code; and all real estate development that lies within an earthquake fault zone. Said reports shall comply with the requirements of the Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code, Section 2621, et seq.) and as specified in the Grading Manual.

(Ord. No. 1388, § 4, 7-14-09)

Dust control and prevention procedures shall be employed while construction activity occurs to minimize wind-borne particles. At the minimum, all grading operations, land clearing, loading, stockpiling, landscaping, vehicular track-out and haul routes shall comply with South Coast Air Quality Management District (SCAQMD) Rule 403 (Fugitive Dust Emissions) and the Grading Manual.

(Ord. No. 1388, § 4, 7-14-09)

Where soil or construction materials are moved on public roadways from or to the site of a grading operation, a haul route shall be approved by the city engineer in accordance with the grading manual. Deviation from the designated haul route shall constitute a violation of the conditions of the permit issued under this ordinance. Vehicular track-out shall be controlled, as directed by the city engineer, to prevent sediment deposition outside of the project site boundaries.

(Ord. No. 1388, § 4, 7-14-09)

All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan designed to limit erosion and sediment of all disturbed portions of the property and to minimize the transport of soil onto adjacent properties or into streets, storm drains, or drainageways in accordance with the provisions of Chapter 18.15 of this ordinance and Subarticle 6 of the Grading Manual.

(Ord. No. 1388, § 4, 7-14-09)

A. Applications for which no permit is issued within one hundred eighty days following the date of application shall expire, and plans submitted for checking may thereafter be returned to the applicant or may be destroyed by the city engineer without additional notice to the applicant.

B. The city engineer may extend the time for action by the applicant for a period not exceeding one hundred eighty days upon written request by the applicant showing that circumstances beyond the reasonable control of the applicant have prevented action from being taken.

C. In order to renew action for an application after expiration, the applicant shall resubmit grading application submittals and pay the most current plan check fees.

D. Plan check fees shall be forfeited for all expired permits.

(Ord. No. 1388, § 4, 7-14-09)

For hillside developments a slope analysis plan shall be submitted with all development applications of five acres or more in any hillside development area, or as requested by the community development director. A slope analysis plan shall distinguish existing slopes zero to fifteen percent grade, sixteen to twenty percent grade, twenty-one to twenty-four percent grade and those grades greater than twenty-five percent in accordance with the provisions of Section 18.12.180 of this ordinance and Subarticle 5 of the grading manual.

(Ord. No. 1388, § 4, 7-14-09)