(A) Upon receiving an application for a grading permit along with required submittals, posting of surety as required, and payment of fees, the City Engineer will review the application and related reports, documents and plans. Applications may be approved, conditionally approved or denied.
(B) Factors to be considered in the review process include, but are not be limited to:
1. Probability of hazardous or unsightly conditions;
2. Possible saturation by rain, erosions and earth movements;
3. Runoff of surface water;
4. Subsurface conditions such as the stratification and faulting of rock;
5. Nature and type of soil or rock; and
6. Whether applicant has complied with CEQA.
(C) A grading permit may be denied if the applicant fails to furnish information or secure other permits that may be required by the city or agencies of the county, state or federal government or other public agencies.
(D) Failure of the City Engineer to observe or recognize hazardous or unsightly conditions or failure to deny the grading permit shall not relieve the owner or his or her agent for responsibility for the condition or damages resulting therefrom.
(E) 1. The City Engineer may issue a grading permit, attaching such conditions as he or she may deem necessary to ensure compliance with this chapter, when the application:
(a) Will not adversely affect the drainage or lateral support or other properties in the area;
(b) Will not be detrimental to the public health, safety or the general welfare; and
(c) Is in accordance with the requirements of this chapter or other provisions of this code.
2. The permittee shall perform the work in accordance with the approved plans and in compliance with all the requirements of this chapter. The permittee shall keep informed of all state and federal laws, local ordinances and regulations which in any manner affect the permit. The permittee shall at all times comply with and shall cause all his or her agents and employees to comply with all such laws, ordinances, regulations, decisions, and court and similar administrative orders. All work shall be performed under the provisions of the California contractors license provisions contained in Cal. Business and Professions Code Chapter 9 of Division 3.
(Ord. 578, passed 1-20-2009)