The County Official shall deny approval of grading plans or improvement plans if he or she makes any of the following determinations:
(a) Hazardous Grading: The proposed grading may:
(1) interfere with any existing drainage course in such a manner as to cause damage to any adjacent property or result in the depositing of debris on any public way; or
(2) create an unreasonable geological, flood or other hazard to person or public or private property (including the land upon which the grading is proposed). If it can be shown that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage structures or facilities or by other means, the permit may be issued on the condition that such construction work be performed.
(b) Subdivision or Use Permit: The purpose of the proposed grading, based upon the application or other information, is to prepare the land for subdivision or for some use for which a use permit is required, and either:
(1) the required final map or parcel map has not been approved; or
(2) the required use permit either has not been granted or is subject to conditions which may cause its expiration under Section 7374 of The Zoning Ordinance.
Notwithstanding the preceding, if a tentative map or tentative parcel map has been approved but no final map or parcel map has been recorded, or if a use permit has been approved but conditions of that use permit which must be complied with in order to avoid expiration under Section 7374 of The Zoning Ordinance have not yet been completed, then the application for grading plan or improvement plan approval shall be denied unless it is accompanied by an agreement whereby the owner agrees to rehabilitate the site to the satisfaction of the County Official, in the event that the tentative map, tentative parcel map or use permit expires. Said agreement shall require that restoration be completed within 90 days of such expiration (which period may be extended by the County Official for an additional 90 days), and shall be accompanied by faithful performance security in the full amount of the County Official's determination as to the amount necessary to restore the site, and shall remain in effect until a parcel map or final map is recorded, or until the use permit is vested.
(c) Groundwater Impacts: Based upon information from the County Hydrogeologist in conjunction with any available information provided from the applicant, the withdrawal of groundwater for the grading operation would decrease the supply of groundwater to land uses for household or irrigation use to other properties within the basin if developed to the density and intensity permitted by existing provisions of the County General Plan.
(d) Insufficient Water Supply: The water supply is not sufficient to provide for adequate compaction or dust control during grading operations, or to provide for adequate planting of disturbed areas (unless waived under Section 87.419).
(e) Failure To Comply With Stormwater Ordinance: The proposed grading fails in any respect to comply with the requirements of the County of San Diego Watershed Protection, Stormwater Management, and Discharge Control Ordinance (Section 67.801 and following of this Code).
(f) Non-performance: The applicant has failed or refused to complete the work required by a grading permit within the time allowed and has not renewed the permit. In such cases, the County Official shall refuse to issue a new permit for any work other than the delinquent work, until the delinquent work is complete.
(g) Borrow Operations: No grading plans or improvement plans shall be approved, and no grading permit shall be issued when borrow or waste material is to be removed from a grading site unless a Use Permit and Reclamation Plan have been issued for the operation of a borrow pit on the grading site, a legally nonconforming borrow pit is being operated on the grading site or the grading comes within one of the exceptions to the use permit requirement listed in The Zoning Ordinance.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03)