Jurupa Valley Municipal Code Ch. 13.20 Hauling of Earth Materials on Public Roads

Any person (as defined in Section 1.05.180 of the Jurupa Valley Municipal Code, Ordinance No. 2011-02, hereinafter "permittee") moving or causing to be moved more than five hundred (500) cubic yards of earth material per project from or to the site of a grading operation on any public roadway within the City of Jurupa Valley shall be subject to the following requirements:

(1) Haul route permit. The permittee shall file a completed application for a haul route permit in the form approved by the City Engineer containing the information required by the City Engineer. The City Engineer shall approve, conditionally approve or deny the requested permit, including, but not limited to, the proposed staging area and the route to be used in the transportation of the earth materials on public roadways. City Engineer shall be authorized to impose such conditions on the permit for the protection of the public health, safety or welfare of the residents or general public and to implement the requirements of this chapter and as otherwise provided in this chapter. Deviation from the designated staging area, haul route or other conditions of approval shall constitute a violation of the condition of the permit issued under this chapter. When the City Engineer approves a route, he or she shall do so in writing on the permit document, and shall immediately notify the traffic division of the Riverside County Sherriff's Office or any other appropriate legal authority that such haul route has been specified and approved.

(2) Access roads. Access road(s) to the grading site shall be only at points designated on the approved grading plans. At a minimum, the first one hundred (100) feet of access road adjacent to the intersection with the public roadway shall have a grade not to exceed six (6) percent. There must be a three hundred (300) foot clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the six (6) percent grade or three hundred (300) foot sight distance requirements cannot be obtained due to the site constraints, then the City Engineer may require a flagman to be posted at the access road and shall remain for the entire duration of earth-moving/material export/transportation operations. 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.

(3) Signs. Advanced warning signs along with the traffic control and safety devices shall be reviewed and approved by the City Engineer and shall be posted by the permittee on the public roadway in the vicinity of the access intersection consistent with the current State of California Department of Transportation "Manual of Traffic Control - Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways" as it exists on the adoption date of the ordinance adopting this chapter or as it may be hereafter amended. The details of all such signs and devices shall conform to the standards contained therein and in the State of California Department of Transportation "Traffic Manual" as it exists on the adoption date of the ordinance adopting this Chapter or as it may be hereafter amended. The advanced warning signs and other devices shall be covered or removed when the access intersection is not in use.

(4) Inspection. Every driver of a vehicle, combination of vehicles, mobile equipment, or load subject to this chapter shall stop and submit to an inspection of the size, weight, equipment, and safety of such vehicle, combination of vehicles, mobile equipment, or load at any location where any officer of the Riverside County Police Department is conducting tests and inspections of such vehicles, combination of vehicles, mobile equipment or loads and when signs are displayed requiring the stop.

(5) Time of hauling operations. Except as otherwise provided in this chapter, hauling on city roadways shall only be permitted between the hours of eight (8:00) a.m. and four (4:00) p.m., Monday through Friday, excluding city holidays. No hauling vehicles may be parked on city roadways adjacent to the job site, or within two hundred (200) feet of the job site, with motors running or idling, or equipment running or idling, prior to eight (8:00) a.m. The City Engineer may, however, shorten the permitted hours of operations such that the permitted hours shall not include those times when children are likely to be present at the beginning and end of the school day if the haul route passes a school zone or for such other previously unforeseen effect on the health, safety, or welfare of the surrounding community. The City Engineer may extend the hours of hauling operations upon application by the permittee and upon a finding by the City Engineer that such hauling operations are not detrimental to the health, safety, or welfare of residents or the general public.

(6) Notification. The permittee shall notify the City Engineer in writing at least twenty-four (24) hours before hauling is to commence.

(7) Dust control. The City Engineer shall review and approve permittee-proposed methods of mitigating dust and debris. The permittee shall be responsible for maintaining city roadways used for transporting materials in a condition free of dust, earth, or debris. The permittee shall be responsible for obtaining all clearances and permits, if any, directly from the South Coast Air Quality Management District (SCAQMD) and other applicable governmental agencies.

(8) Debris on city roadways. California Vehicle Code Section 23112(b) forbids the placing, dumping, or depositing of dirt and rocks on public streets or any portion of the public right-of-way. All vehicles engaged in hauling earth materials under the provisions of this chapter shall refrain from depositing dirt or debris on city roadways 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 the haul vehicle. The permittee conducting any earth-moving operation under this chapter shall be responsible for the complete removal of such materials if spilled, dumped or deposited on a city roadway within twenty-four (24) hours of noted spill, dumping, or deposition. If the permittee fails to remove such spillage, dumping, or deposited material within the noted time frame, and it is necessary for the city to complete the removal, the permittee shall be liable to pay the city the full cost of such removal work. The City Engineer may require a cash deposit up to five thousand dollars ($5,000) to ensure the clean-up of public streets. Permittee shall replenish the deposit as necessary should the City Engineer need to use it.

(9) Load limits. 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 damage to streets on the designated route or otherwise adversely impact the health, safety or welfare of the residents or the general public.

(10) Financial responsibility for damage to streets. Any grading or hauling contractor or project site owner/permittee moving earth materials on city roadways shall be financially responsible for any damage to the public streets caused by the hauling vehicles, and shall pay to the City of Jurupa Valley the cost, as determined by the City Engineer, of repairing such damage, or shall repair the damage in question to the satisfaction of the City Engineer.

(11) Bonds for grading to include street repairs. A surety bond shall be posted in an amount sufficient to cover the cost of repair of any damage to the city roadways and any public facilities therein and the cost of removal of any earth materials or other debris deposited therein reasonably expected to result from permittee's operations. The conditions of the surety bond shall guarantee payment to the city for all costs and expense in repairing the damaged streets or other public facilities and the removal of any deposits of earth materials or other debris resulting from the permitted operations. In lieu of a bond, the permittee may deposit cash with the city upon the same terms and conditions and in an amount equal to that which would be required in the bond. The amount and form of the surety bond shall be approved by the City Engineer.

(12) Other conditions. Any permit subject to the provisions of this chapter may specify other necessary conditions or restrictions where the use of city roadways would disrupt the normal traffic activities or cause a public inconvenience or adversely affect the health, safety and welfare of the residents or the general public.

(Ord. No. 2016-10, § 1(13.20.010), 8-4-2016)

In addition to the requirements for a permit set forth in Section 13.20.010, a permittee moving or causing to be moved more than ten thousand (10,000) cubic yards of earth material per project on any public roadway shall also be subject to the following requirements:

(1) Indemnification. A written agreement, approved as to form by the City Attorney, shall be filed by the permittee providing that the City of Jurupa Valley and all officers, employees, agents, and representatives thereof shall be indemnified and held harmless by the permittee from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as the proximate result of the use of streets/highways under the terms of the application and the permit granted in response thereto, and that all of said liabilities are hereby assumed by the permittee.

(2) Certificate of insurance. A valid policy of bodily injury and property damage insurance for vehicles operating on city roadways. The minimum policy limit is two million dollars ($2,000,000) combined single limit coverage and shall name the City of Jurupa Valley, its officers, employees and contractors as additional insureds.

(Ord. No. 2016-10, § 1(13.20.020), 8-4-2016)

In granting any permit application under this chapter, the City Engineer may attach such conditions thereto as may be reasonably necessary to prevent danger to public or private property, to prevent the operation from being conducted in a manner likely to create a nuisance, or to otherwise mitigate adverse impacts on the public health, safety or welfare of the residents or general public. No person shall violate any conditions so imposed by the City Engineer and/or design review. Such conditions may include, but shall not be limited to:

(1) Limitations on the hours of operation in which the work may be performed;

(2) Designation of routes upon which materials may be transported and means of access to the site;

(3) The place and manner of disposal of excavated materials;

(4) Requirements as to the mitigation of dust and dirt, the prevention of noises and other results offensive or injurious to the neighborhood, the general public or any portion thereof, including due consideration, care, and respect for the property rights, convenience and reasonable desires and the needs of said neighborhood or any portion thereof;

(5) Designation of maximum or minimum slopes to be used;

(6) Regulations as to the use of public streets and places in the course of the work;

(7) A performance bond to cover landscaping or other conditions of the permit; or

(8) Mitigating measures required by design review or land use entitlements.

(Ord. No. 2016-10, § 1(13.20.030), 8-4-2016)

The City Engineer shall deny a haul permit if he or she finds that the proposed application would not meet the requirements of this chapter, disrupt the normal traffic activities cause a public inconvenience or adversely affect the health, safety and welfare of the residents or the general public.

(Ord. No. 2016-10, § 1(13.20.040), 8-4-2016)

All export material shall be discharged into a legal disposal site. No permittee shall process, including, but not limited to, crush, sift, or segregate, excavated earth materials on site for export and commercial sale without first obtaining additional proper approval regarding surface mining and reclamation.

(Ord. No. 2016-10, § 1(13.20.050), 8-4-2016)

Mining and reclamation activities which are subject to an approved or vested mining permit or an approved reclamation plan are not subject to the provisions of this chapter.

(Ord. No. 2016-10, § 1(13.20.060), 8-4-2016)

A permittee may appeal a decision of the City Engineer to conditionally approve or deny a haul permit pursuant to the provisions of Chapter 2.40 of the Jurupa Valley Municipal Code (Ordinance No. 2016-04).

(Ord. No. 2016-10, § 1(13.20.070), 8-4-2016)