.010 The City Engineer shall, at his or her discretion, determine whether or not to issue a grading permit, based upon the plans, tests and other information in the possession of the City at the time of such approval or rejection. Except as provided in subsection .020 below, the proposed grading plan shall be set for a public hearing prior to a decision by the City Engineer. Notice of the time and place of such public hearing, including a general description of the location of the grading, shall be published once in a newspaper of general circulation, as provided in Government Code Section 6061. In addition, notice of such hearing shall be mailed by first class United States Mail to the owners of property, as shown on the latest equalized assessment rolls of the County of Orange, situated within 300 feet of such proposed grading. The term "City Engineer" shall be deemed to include any designated representative of the City Engineer.
.020 Notwithstanding the requirements of subsection .010 above, no public hearing shall be required to be held by the City Engineer, prior to the issuance of a grading permit, under any of the following circumstances:
.0201 Where the application for a grading permit has been preceded by the preparation or filing of a Negative Declaration or an Environmental Impact Report, as defined in the California Environmental Quality Act (Public Resources Code Sections 21092 et seq. and 21080 et seq. respectively, or any successor statutes), for any project of which the grading is a part, and such project is considered and approved at a duly noticed public meeting or public hearing held by the Planning Commission, City Council, or any other hearing officer or hearing body as authorized by this Code; or
.0202 Where the application for a grading permit is for grading which is a necessary part of any project for which a discretionary permit or entitlement is otherwise required by any provision of this Code, and which discretionary permit or entitlement is considered and approved at a duly noticed public hearing held by the Planning Commission, City Council, or any other hearing officer or hearing body as authorized by this Code; or
.0203 Any grading which requires a permit pursuant to this chapter, but which grading is statutorily, categorically or otherwise exempt from environmental review pursuant to the provisions of the California Environmental Quality Act (Public Resources Code sections 21092 et seq. and 21080 et seq. respectively, or any successor statutes). (Ord. 5009 § 1; April 11, 1989: Ord. 5104 § 1; March 20, 1990; Ord. 5199 § 1; January 15, 1991: Ord. 5966 § 17; April 26, 2005.)