§ 16.96.050 GRADING PERMIT ISSUANCE AND CONDITIONS.
   (A)   Findings required for approval. Grading projects may be approved and grading permits issued only when the City Engineer or Building Official makes all of the following findings:
      (1)   The proposed grading conforms to all applicable requirements set forth in Chapters 16.96 through 16.99 (Grading and Erosion Control) of this Title 16;
      (2)   The proposed grading conforms with all applicable provisions of the General Plan, any applicable specific plan, and any applicable associated discretionary approval issued pursuant to this Title 16;
      (3)   Any permits required by county, state, or federal agencies for the proposed grading have been obtained;
      (4)   Appropriate environmental review pursuant to the California Environmental Quality Act has been completed;
      (5)   The proposed grading will not endanger any private property or present hazards to human life;
      (6)   The proposed grading will not result in the deposit of debris on any public property, create erosion hazards, or interfere with any existing drainage course; and
      (7)   The proposed grading will achieve the city's aesthetic goals for protection of viewsheds and scenic resources.
   (B)   Grounds for denial. If the City Engineer or Building Official is unable to make all of the findings cited in paragraph (A) above and/or the 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 will be denied.
   (C)   Conditions. In granting any permit pursuant to the provisions of this chapter, the City Engineer, Building Official, or their authorized representatives may attach such conditions as may be reasonably necessary to prevent the creation of a nuisance or hazard to public or private property. Such conditions may include, but will not be limited to:
      (1)   The improvement of any existing grading to bring it up to the standards of this chapter;
      (2)   Requirements for the fencing of excavations or fills which would otherwise be hazardous;
      (3)   Control of dust, erosion, water runoff, noise, and construction traffic;
      (4)   Protection of trees pursuant to the provisions of Chapter 16.232 (Tree Removal Permit) of this Title 16; and
      (5)   Mitigation of any adverse environmental impacts identified through associated CEQA documentation.
(Ord. 1103, passed 3-7-05)