Banning Municipal Code Ch. 18.09 Grading Permit Requirements

A. Upon receipt and approval of the required application, fees, plans, reports, and other requirements of this ordinance, the city engineer may issue a permit, subject to any terms and conditions deemed necessary to ensure conformance with the provisions of this ordinance and the grading manual.

B. The city engineer shall have the discretion to impose or modify conditions as necessary to prevent a possible nuisance or hazard, or to eliminate a nuisance or hazard, to persons or to public or private property in accordance with Section 18.27.060, "hazardous conditions" of this ordinance.

C. The issuance of a permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the plans and specifications attached to the permit and approved by the city engineer. A separate permit shall be required for each (noncontiguous) grading project.

(Ord. No. 1388, § 4, 7-14-09)

It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions placed on the permit as outlined in the applicable sections of this ordinance, the grading manual, and as contained on the approved grading plans and geotechnical reports. The permittee shall also be responsible for maintaining a copy of the permit and approved plans at the work site, and implementing the applicable requirements of the city's standard notes, as identified in the grading manual.

(Ord. No. 1388, § 4, 7-14-09)

All persons performing work pursuant to this ordinance shall have all valid licenses and insurance required by the State of California and by the City of Banning.

(Ord. No. 1388, § 4, 7-14-09)

As a prerequisite for issuance of any grading permit, the owner, contractor, or authorized agent of the site to be graded acknowledges and grants permission to the city for right of entry into the site for inspection, emergency work, or correction of grading not performed in compliance with the terms and conditions of the permit. The owner, contractor, or authorized agent shall agree to indemnify the city for any claims or damages, which may result from the city's entry onto the property including any corrective or emergency action taken pursuant to such right of entry.

(Ord. No. 1388, § 4, 7-14-09)

Under either of the following circumstances, a permit shall not be issued unless and until a tentative map or a conditional use permit (CUP) has been approved by the city:

A. If the purpose of the proposed grading or clearing is to prepare the land for a subdivision or for some use for which a conditional use permit is required; or

B. Notwithstanding the purpose of the proposed grading or clearing as stated in the application, if the city engineer finds that the purpose of the proposed grading or clearing is to prepare the land for subdivision or for some use for which a conditional use permit is required.

(Ord. No. 1388, § 4, 7-14-09)

A. Mass, Rough, or Precise Grading. The city engineer may issue a mass, rough, or precise grading permit for grading work upon completion of an application in accordance the grading manual. The issuance of building permits shall be determined as follows:

1. Building permits may be issued for a site graded under a precise grading permit upon completion and approval of the rough grade inspection as specified in the grading manual.

2. Building permits shall not be issued for a site graded under a rough grading permit unless a precise grading permit has been issued.

C. Stockpiling. Upon approval by the planning commission of a conditional use permit (CUP), a stockpile permit may be issued for the stockpile of soil materials on a lot or parcel provided that the soil materials shall be removed from the site or compacted and graded thereon under a subsequently issued mass, rough, or precise grading permit within six months of issuance of a stockpile permit, unless modified by the planning commission, in accordance with the grading manual.

D. Administrative Clearing. No person shall commence any clearing and grubbing operation without first obtaining a grading or administrative clearing permit in accordance with the grading manual.

E. Borrow Sites. A grading and/or administrative clearing permit shall not be issued when, in the opinion of the city engineer, a significant amount of borrow or waste material is to be removed from a grading site for commercial purposes unless a conditional use permit in accordance with Chapter 17.52, "conditional use permits" of the Banning Municipal Code has been issued for the operation of a borrow pit on the grading site.

F. Paving. No person shall construct concrete or bituminous pavement surfacing on natural or existing grade in excess of five thousand square feet for any commercial, industrial, multiresidential, or other parking lot, without a valid grading permit for such paving. Maintenance and repaving of existing paved sections shall be exempt from this requirement.

G. Watercourse Alteration. No person shall alter an existing watercourse, channel, or revetment by excavating, or placing fill, rock protection or structural improvements therein without a grading permit unless (i) the requirement for a grading permit is waived by the city engineer, or (ii) the grading is performed as interim protection in an emergency to prevent flooding, or (iii) a separate improvement plan for such alteration is approved by applicable state agencies and the city engineer.

H. Rock Blasting. No rock blasting shall be permitted until a preblast survey of the surrounding property is conducted to the satisfaction of the city engineer. During rock blasting, seismic recordings shall be taken for all blasts at locations and levels approved by the city engineer. All blasting shall conform to the requirements of the city engineer, as specified in the grading manual.

(Ord. No. 1388, § 4, 7-14-09)

Each adjacent owner is entitled to the lateral and subjacent support that his land receives from the adjoining land, subject to the right of the property owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement, as follows:

A. Any person causing an excavation to be made to a depth of ten feet or more below the grade and within ten feet of the property line(s) shall protect the excavation so that the soil of adjoining property will not cave in or settle. The person making or causing the excavation to be made shall provide written notification to the adjoining property owner(s) not less than ten days before such excavation is to be made, stating the depth for which such excavation is to be made and when the excavation will begin.

B. If at any time it appears that the excavation is of greater depth than are the walls or foundation of an adjoining building or other structure, and the distance from the edge of the excavation to an adjoining building or other structure is less than the depth of the excavation, the person causing the excavation shall notify the owner of the adjoining building or other structure not less than ten days before such excavation is to be made to protect the same from any damage, or to brace or extend the foundations of the noted building or other structure from possible damage from the excavation.

C. Excavations shall meet all state and federal regulations, including but not limited to, obtaining CAL OSHA permits.

D. No grading shall be approved which, in the opinion of the city engineer, physically prevents the use of existing legal access to any parcel.

(Ord. No. 1388, § 4, 7-14-09)

A. During grading operations, the permittee shall be responsible for the prevention of damage to public utilities or services and for confining grading activities to the area permitted on the approved plans. This responsibility applies within the limits of grading or clearing and along any routes of travel of equipment.

B. Before starting any excavation work, the permittee shall be responsible to contact Underground Service Alert of Southern California and coordinate the proposed excavation with all interested utility companies, districts, and agencies.

(Ord. No. 1388, § 4, 7-14-09)

The owner or agent in control of such property on which a grading activity has occurred pursuant to a permit granted under the provisions of this division, shall maintain in good condition and repair all structures, planting and other protective devices as per the approved plans or required by the permit. Any facilities dedicated for public use and accepted by a public agency are exempt.

(Ord. No. 1388, § 4, 7-14-09)

A. Time of any grading, clearing and equipment operations pursuant to this ordinance shall be consistent with Chapter 8.44, "noise" of the Banning Municipal Code. Grading operations within one-quarter mile of an occupied residence shall not be conducted between the hours of 6:00 p.m. and 7:00 a.m., Monday through Friday; or between the hours of 6:00 p.m. and 7:00 a.m. on Saturdays. Further, no such activity shall be undertaken on Sunday or nationally recognized holidays. The city engineer may extend the hours permitted for grading or equipment operations if the city engineer determines that such operations are not detrimental to the health, safety or welfare of the inhabitants of nearby structures. Permitted hours of operation may be shortened by the city engineer's finding of a previously unforeseen effect on the health, safety or welfare of the surrounding community.

B. Public works projects of any federal, state or local entity or emergency work by public utilities are exempt from the provisions of this ordinance. Residents working on their property are exempt from the prohibition of construction activities on Sundays and holidays but shall comply with the hourly restrictions set forth for Saturday when working on Sundays and holidays.

(Ord. No. 1388, § 4, 7-14-09)

The throwing, leaving, maintaining, keeping, placing, dumping, depositing or spilling soil materials, or debris on public streets or any portion of the public right-of-way is strictly prohibited. The permittee shall be responsible for the complete removal and cleanup of such materials from the street or any portion of the public right-of-way. If the permittee fails to immediately remove said spillage or deposit from the street and/or public right-of-way, and it is necessary for the city to cause such removal to be made, the cost of such removal work shall be the responsibility of the permittee. The city may use the grading deposit in accordance with Section 18.24.120, "grading and erosion control securities" of this ordinance for this purpose without notice to the owner. An additional cash deposit may be required prior to resumption of grading to insure the cleanup of public streets.

(Ord. No. 1388, § 4, 7-14-09)

The disposal of all waste and recycling materials removed as part of any grading project shall be in compliance with the city's solid waste franchise agreement, as specified within the provisions of Chapter 8.28 "garbage collection and disposal" of the Banning Municipal Code and the grading manual.

(Ord. No. 1388, § 4, 7-14-09)

A. A grading permit shall be valid for a period of one-hundred eighty days from the date of issuance.

B. The time limitation for all grading permits is also subject to the following provisions:

1. Change of Ownership. A permit issued in accordance with these requirements shall terminate upon a change of ownership if the work for which said grading permit was issued has not been completed. In such instances, a new permit shall be required for completion of the work.

a. If the time limitations of paragraph (A) of this section are not applicable, and no changes have been made to the plans and specifications last submitted to the city engineer, no charge shall be made for the issuance of a new permit.

b. If changes have been made to the plans and specifications last submitted to the city engineer, fees based on the valuation of the additional or new work, such as additional earthwork and necessary plan checking shall be charged to the permit applicant.

c. New securities and/or deposits shall be submitted by the new owner in accordance with Section 18.24.120, "grading, erosion and sediment control securities" of this ordinance.

2. Permit Extensions. The city engineer may extend the time limit on permits by one or more successive periods of up to one hundred eighty days upon written request by the applicant showing to the satisfaction of the city engineer that circumstances beyond the control of the applicant have prevented, delayed or extended the time required to complete the grading operations.

3. Weather-Related Delays. The city engineer may require that grading operations and project designs be modified if delays occur which incur weather-related problems not considered at the time the permit was originally issued.

C. As a condition of the extension of any time period, the city engineer may require the payment of additional permit, plan checking, inspection, and/or soils review fees required to cover the administration of the extensions and/or increased costs to the city and to bring the project into conformance with any fee schedule in effect at the time of extension.

(Ord. No. 1388, § 4, 7-14-09)

A. Hazardous Conditions. A permit shall not be issued in any case where the city engineer determines that the work as proposed by the applicant will:

1. Expose any property to landslide or geologic hazard; or

2. Adversely interfere with existing drainage courses or patterns; or

3. Cause erosion and/or flooding, which could result in the depositing of mud, silt, or debris on any other property or public or private street; or

4. Create any hazard to person or property; or

5. Damage or endanger any environmentally sensitive species and habitats, rocks and/or archaeological artifacts.

B. General Conditions. A permit shall not be issued if any of the following apply:

1. If the submittal is incomplete;

2. If the plan as submitted does not comply with the provisions of this ordinance;

3. If the required security is not posted;

4. If the application contains false information.

C. Other. The city engineer shall deny the issuance of a permit if any of the following conditions apply:

1. If prohibited by a duly elected moratorium, court order, injunction, or other legal order;

2. If the applicant or owner has failed to comply with the provisions of this ordinance;

3. If the work proposed is not consistent with the city's general plan, or any element thereof, or any specific plan, conditional use permit, land use ordinance or regulation, zoning ordinance or regulation, or permit, or approved subdivision map.

(Ord. No. 1388, § 4, 7-14-09)