15.52.180 Grading permit—Denial of permit.
   A.   The city engineer shall not issue a permit in any case where he or she finds that the work as proposed by the applicant is liable to:
      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.   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 chapter;
      3.   If the required security is not posted;
      4.   If the application contains false information.
   C.   If, in the opinion of the city engineer, the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit shall be denied.
   D.   The city engineer may require plans and specifications to be modified in order to mitigate anticipated adverse environmental effects of proposed grading projects. He or she may, under circumstances where the adverse environmental effects of a proposed grading project cannot be mitigated, deny the issuance of a grading permit.
   E.   The city engineer shall deny the issuance of a permit if prohibited by a duly elected moratorium, court order, injunction, or other legal order; if the applicant or owner has failed to comply with the provisions of this chapter; or if the work proposed is not consistent with the city's general plan, or any element thereof, or any specific plan, use permit, land use ordinance or regulation, zoning ordinance regulation or permit, or approved subdivision map.
(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006: Ord. 97 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 8.12.100.819)