Corona Municipal Code Ch. 12.12 Construction of Improvements in Rights-of-Way

Unless the particular provision of the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter. Unless the context otherwise clearly indicates, words used in the singular include the plural and words used in the plural includes the singular.

(A) "City Engineer" means the City Engineer for the City of Corona or another employee of the City of Corona who possesses a current and valid professional civil engineer license issued by the State of California and who is designated by the City Engineer to perform the duties of the City Engineer under this chapter.

(B) "Department" means the Planning and Development Department of the City of Corona.

(C) "Improvement" means the construction or installation of any curb, sidewalk, gutter, driveway, streetlights, driveway approach, parkways, power poles, fire hydrants, graded and oiled roadway, macadamized roadway, pavement, water or sewer lines, storm drain or culvert, or similar improvement within the right-of-way.

(D) "Right-of-way" means the area in, upon, above, beneath, or across any of the following that has been dedicated to the public and maintained under public authority or is owned and maintained by others and that is located within the city limits: streets, roadways, highways, avenues, boulevards, lanes, alleys, courts, sidewalks, pathways, medians, parkways, easements, rights-of-way, or similar property.

(Ord. 3378 § 4 (part), 2023.)

(A) No person shall lay, construct, install, reconstruct or repair any improvement in the right-of-way without first obtaining a permit therefore pursuant to this chapter.

(B) All work associated with a permit issued under this chapter shall be done in accordance with the plans and specifications approved by the city and referred to in the permit and shall be performed to the satisfaction of the City Engineer under the supervision of an inspector appointed by the City Engineer.

(Ord. 3378 § 4 (part), 2023.)

(A) An application for a permit shall be filed with the Department on a form furnished by the Department's Development Services division and shall include the following information:

(1) The location, nature and extent of the improvements to be constructed, installed, reconstructed or repaired;

(2) Plans and specifications for the proposed improvements;

(3) The material to be used, hours of construction, the length of time which will be required to complete the improvement; and

(4) Any other information as determined to be necessary by the Department.

(B) The applicant for a permit under this chapter shall pay all permit, plan check and inspection fees in the amount established by resolution of the City Council.

(`78 Code, § 12.12.030.) (Ord. 3378 § 4 (part), 2023.)

(A) No person shall break away, construct or reconstruct any improvement over any street curb where the final curb opening upon the completion of construction would exceed 50% of the lot frontage facing the curb. The applicant shall specify, on the application for a permit under this chapter, the length of the lot frontage facing the curb, the length of the proposed driveway or curb opening and the location thereof.

(B) Except as otherwise provided in subsection (A) above, no driveway shall be more than 36 feet in overall width.

(C) The minimum width between any two driveways upon or to any one residential lot in the city shall be pursuant to city standards.

(D) The location of a driveway or curb opening shall be constructed per City Standard Plan Number 133, "Driveway Approach Locations".

(E) No driveway or curb opening shall be constructed within five feet of any fire hydrant, light standard, telephone or electric power pole, meter box or underground vault or manhole.

(Ord. 3378 § 4 (part), 2023.)

(A) The City Engineer may grant a variance from the driveway standards set forth in § 12.12.040 if the applicant provides sufficient justification to the satisfaction of the City Engineer that the strict application of such requirement would cause a unique and undue financial or other hardship in the use of the property and that the public health, safety and welfare of the city would not be harmed by the granting of the variance. The City Engineer's decision shall be in writing included on the permit.

(B) In granting the variance, the City Engineer may impose reasonable conditions in the issuance of the permit for the purpose of protecting the public health, safety and welfare of the city and the pedestrian and vehicular traveling public.

(C) Any person aggrieved by the City Engineer's decision concerning a variance requested under this section may appeal the decision to the City Council by filing a written notice of appeal with the City Clerk no later than ten working days after the City Engineer's decision. The City Council shall consider the appeal at a regular meeting within 30 calendar days after the appeal has been filed with the City Clerk. The City Council's determination on the appeal shall be final.

(Ord. 3378 § 4 (part), 2023.)

The City Engineer, in his or her discretion, may require that the applicant, before any permit is issued, file with the Department good and sufficient security, approved by the City Attorney and payable to the city, in the following amount:

(A) 100% of the total estimated cost of the improvement, securing the faithful performance of such improvement;

(B) 50% of the total estimated cost of the improvement, securing payment for labor, materials and equipment; and

(C) 25% of the total estimated cost of the improvement, guaranteeing the work for one year after acceptance against defective workmanship or materials.

The applicant may post security in the form of a surety bond, an irrevocable letter of credit from an accredited financial institution, or other method acceptable to the city.

(Ord. 3378 § 4 (part), 2023.)

(A) Permit issuance. Upon compliance by the applicant with the requirements set forth in this chapter, the City Engineer shall approve the permit, subject to any conditions or restrictions the City Engineer deems necessary for the maintenance or safety of the public right-of-way or the public health, safety and welfare.

(B) Permit modification or denial. The City Engineer may modify or deny a permit as necessary to protect the public right-of-way, the property of any person, or the public health, safety and welfare. The City Engineer may modify the hours and dates of construction for the completion of the improvement in order to prevent undue interference with traffic or danger to the safety of persons using the public right-of-way.

(C) Interpretation of plans and standards. The City Engineer shall have the authority to make interpretations and determinations regarding any improvement plans submitted by an applicant under this chapter or the application of any city standards or regulations to the improvements.

(Ord. 3378 § 4 (part), 2023.)

(A) Pre-construction inspection. Unless otherwise required in a permit issued pursuant to this chapter, prior to commencing any work associated with a permit issued under this chapter, the applicant shall request an inspection from the Department. The inspection request shall be submitted at least 48 hours prior to the requested inspection and shall include the day, time and the location at which the work will be commenced.

(B) Inspection during construction. Periodic inspections during actual construction shall be required in accordance with the approved plans and specifications for the improvements and the permit issued for such improvements.

(C) Inspection waiver. The City Engineer shall have the authority to waive any inspections required by this section if the City Engineer determines that such inspection is unnecessary and the public health, safety and welfare of the city would not be harmed by waiving the inspection.

(`78 Code, § 12.12.070.) (Ord. 3378 § 4 (part), 2023.)

Upon completion of any work under this chapter, the permittee shall notify the Department in writing. If, after the City Engineer has by survey or inspection, or both, found that the work has been completed in accordance with the requirements of the permit issued for said work and all the provisions of this chapter, a certificate of acceptance shall be issued, which shall contain a statement of the location, nature and total amount of the work performed under the permit.

(`78 Code, § 12.12.080.) (Ord. 3378 § 4 (part), 2023.)

If any person issued a permit to perform work under this chapter decides to cancel the work prior to the start of construction, any fees made in connection with the permit, less the amount of any expenses already incurred by the city, shall be returned to the permittee upon surrender of the permit.

(`78 Code, § 12.12.100.) (Ord. 3378 § 4 (part), 2023.)

Any person engaged in the performance of any work permitted by this chapter shall at all times, while such work is in progress, keep at the work site the original permit for the work and shall, on demand, present proof of the permit to any city official.

(`78 Code, § 12.12.110.) (Ord. 3378 § 4 (part), 2023.)

A permit issued under the provisions of this chapter is nontransferable.

(`78 Code, § 12.12.120.) (Ord. 3378 § 4 (part), 2023.)

The permittee shall not perform work in excess of that specified in the permit.

(`78 Code, § 12.12.130.) (Ord. 3378 § 4 (part), 2023.)

During construction of any improvement, all streets shall, at the expense of the permittee, be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such construction. From time to time, as may be ordered by the City Engineer, and in any event immediately after completion of the improvement, the permittee shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the construction. If the permittee fails to do so within 24 hours after having been notified, the work may be done by the city and the cost thereof charged to the permittee. Whenever it may be necessary for the permittee to excavate through any landscaped area, the area shall be reestablished in a like manner after the excavation has been backfilled as required. All construction and maintenance work shall be done in a manner designed to leave the area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any existing trees or shrubs without first obtaining the consent of the City Engineer.

(`78 Code, § 12.12.140.) (Ord. 3378 § 4 (part), 2023.)