Chapter 16.43
PERMITS – ADMINISTRATIVE REVIEW
Sections:
16.43.010 Environmental review.
16.43.020 Determination that project has a significant effect upon environment – Permit issuance.
16.43.030 Permit issuance – Borrow sites.
16.43.040 Permit issuance – Terms and conditions.
16.43.050 Application – Permit expiration and extension.
16.43.070 Temporary suspension of permit.
16.43.080 Revocation of permit.
16.43.010 Environmental review.
A. Prior to the issuance of any permit under this division, the City Engineer shall refer the permit application to the Development Services Department for review and determination whether the proposed grading and/or clearing could have a significant effect upon the environment or verification that the City Council, a commission or City officer having final authority for project approval has adopted an environmental impact report or other environmental clearance which considered the proposed grading and/or clearing or has determined that the project, which included the proposed grading and/or clearing, would not have a significant effect upon the environment.
Prior to the issuance of any permit under this division for any proposed clearing or development that will impact sensitive plant species, wildlife species, and/or associated natural habitats both inside and outside the established resource conservation area of the adopted Poway subarea HCP, the property owner shall either demonstrate that the proposed clearing has been authorized by the California Department of Fish and Game and the U.S. Fish and Wildlife Service or request reliance upon the City’s incidental take/management authorization permit and comply with the provisions of the Poway subarea HCP and companion IA documents prior to the issuance of such permits.
B. Anything contained in this section to the contrary notwithstanding, if, in the opinion of the City Engineer and/or the Development Services Director, there are unusual conditions with respect to the property for which an application is filed which renders an environmental review desirable or necessary, the City Engineer shall refer the application to the Development Services Department for the aforementioned determination. Such unusual conditions include but are not limited to land located in:
1. Watercourses;
2. Wetlands;
3. Scenic corridor zones or other areas officially designated by Federal, State or local governments as scenic areas;
4. Areas of severe geologic hazard;
5. Resource conservation areas;
6. Natural habitats of significant species of wildlife or biological resources; or
7. Archeological artifacts or sites.
C. A fee shall be paid as set by resolution for environmental determination. (Ord. 518, 1999; Ord. 449 § 3, 1995; Ord. 345, 1991)
16.43.020 Determination that project has a significant effect upon environment – Permit issuance.
If the Development Services Department determines that the proposed grading and/or clearing could have a significant effect upon the environment, the grading and/or clearing permit shall not be issued unless and until the adoption of an Environmental Impact Report prepared pursuant to the California Environmental Quality Act and City rules and procedures adopted pursuant thereto. (Ord. 518, 1999; Ord. 345, 1991)
16.43.030 Permit issuance – Borrow sites.
No grading and/or clearing permit shall be issued by the City Engineer when, in the opinion of the Director of Development Services, a significant amount of borrow or waste material is to be removed from a grading site for commercial purposes unless a conditional use permit has 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 and/or clearing comes within one of the exceptions listed in the zoning ordinance of the City. (Ord. 518, 1999; Ord. 345, 1991)
16.43.040 Permit issuance – Terms and conditions.
Upon receipt of the required information, fees, plans, reports and other requirements of this division, completion of environmental review and approval by the Director of Development Services, the City Engineer may issue the permit pursuant to this division to the applicant along with any terms and conditions deemed necessary to ensure conformance with the purposes of the grading ordinance. (Ord. 518, 1999; Ord. 345, 1991)
16.43.050 Application – Permit expiration and extension.
A. Permit applications for which a valid permit has not been issued shall expire automatically 180 days after receipt of the application by the City, after which time the application and plans shall be deemed as expired and invalid. The City Engineer may extend the expiration of the application up to one year after the receipt of the application.
B. Every duly issued permit shall be valid for a period of one year from the date of issuance, and all work covered in the permit shall be completed within that period, except as specified in this section.
C. The City Engineer may specify longer periods of time, up to two years, with discretionary authority to allow additional extensions if the scope of the work dictates such time period or any action by the City or litigation causes a delay in proceeding.
D. If the work authorized by the permit is not completed within the allowed permit period, the City Engineer, upon written request from the permittee submitted prior to the expiration of the allowed period, may extend the permit for a period or periods reasonably necessary to complete the work, provided the applicant diligently pursues the permitted work.
E. Every permit issued shall expire by limitation and shall become null and void, unless an extension is approved by the City Engineer, if the work authorized by the permit is not commenced and diligently pursued within 90 days from the date of permit issuance, or if, after work is commenced, the work is terminated, stopped, suspended or abandoned for a period of 180 days. The applicant must request the extension prior to the expiration of the permit.
F. Upon written request from the permittee, submitted prior to the expiration of the 90-day period in which work was to commence, the City Engineer may extend the period in which the permittee must start work, provided the permittee demonstrates to his satisfaction that circumstances beyond the permittee’s control prevented commencement of the approved work.
G. As a condition of the extension of any time period, the City Engineer may require the payment of additional permit, plan checking, inspection, and/or soils review fees required to cover the administration of the extensions and/or increased costs to the City and to bring the project into conformance with any fee schedule, as established by City Council resolution from time to time, in effect at the time of extension.
H. The City Engineer may require the amendment or change of approved plans for any of the following reasons:
1. Extension or renewal of the permit;
2. Changes have been made in the actual work which is not reflected on the approved plans;
3. Change of the scope or quantity of work;
4. Construction, traffic, drainage, soil, geologic, public safety, or environmental problems not considered, known or evident at the time of permit issuance or plan approval.
I. For the purpose of this section, “diligently pursued” work shall be work of such magnitude, frequency or complexity as to require the regular services of the permittee’s soils engineer and/or civil engineer, or other professionals, and which is inspected at regular intervals by the City. (Ord. 705 § 2, 2010; Ord. 683 § 62, 2008; Ord. 345, 1991)
16.43.060 Denial of permit.
A. General Conditions. The City Engineer shall not issue a permit in any case where he finds, or where it may reasonably be inferred, that the work as proposed by the applicant will:
1. Damage any private or public property;
2. Expose any property to landslide or geologic hazard;
3. Adversely interfere with existing drainage courses or patterns;
4. Cause erosion which could result in the depositing of mud, silt, or debris on any public or private street or way or any municipal separate storm sewer system or receiving water; or
5. Create any hazard to person or property. If it can be shown to the satisfaction of the City Engineer that the hazard can be mitigated by the construction of retaining structures, buttress fills, drainage structures or facilities or by other means, the City Engineer may issue the permit on the condition that such construction be performed.
B. Geological Hazard. If, in the opinion of the City Engineer, the land area for which grading is proposed is subject to geological hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to person or property, the permit shall be denied.
C. Flood Hazard. If, in the opinion of the City Engineer, the proposed grading would adversely affect the flow of runoff in any identified floodplain or floodway, or would alter runoff to the detriment of upstream, downstream, or adjacent properties, or would be in conflict with any general plan objectives of preserving riparian corridors and buffer areas, the permit shall be denied.
D. Subdivision or Use Permit. Under either of the following circumstances, a grading permit shall not be issued unless and until a tentative map or subdivision or a valid use permit has been approved or conditionally approved by the City:
1. If the purpose of the proposed grading or clearing as proposed in the application is to prepare the land for subdivision of for some use which a use permit is required; or
2. Notwithstanding the purpose of the proposed grading or clearing as stated in the application, if the City Engineer and the Director of Planning Services find that the purpose of the proposed grading is to prepare the land for subdivision or for some use for which a use permit is required.
E. Other Reasons.
1. The City Engineer shall deny the issuance of a permit if so directed by the City Council; if prohibited therefrom by a duly elected moratorium, court order, injunction, or other legal order; or if the applicant or owner has failed to comply with the provisions of this code, or if the work proposed is not consistent with the City general plan, or any element thereof, or any specific plan, use permit, land use ordinance or regulation, zoning ordinance regulation or permit, or subdivision map.
2. The City Engineer shall deny applications which are not in the interest of the public health, safety or general welfare, or do not constitute a reasonable use of land as indicated by the existing zoning or an approved land use plan. (Ord. 655 § 3, 2007; Ord. 345, 1991)
16.43.070 Temporary suspension of permit.
The City Engineer shall have the authority to temporarily suspend all work on a project and suspend the permit if it is determined that field conditions present an immediate hazard or danger to life, property, or the environment; or if the permittee fails to or refuses to correct a deficiency or hazard, including inadequate erosion control or cleanup; or if the work being done is contrary to the approved plans or conditions thereof; or if there is lack of supervision of the grading or clearing operation, lack of engineering control, soils engineering control is not being adequately provided, or for any other condition which in the opinion of the City Engineer presents a threat to the public safety or welfare immediately or in the future, and which may cause unstable earth conditions. This temporary suspension shall continue in effect until the hazard or condition is removed to the satisfaction of the City Engineer. (Ord. 345, 1991)
16.43.080 Revocation of permit.
A. The City Engineer shall have the power to revoke any permit granted under the provisions of this chapter if the City Engineer determines that the permit was obtained by fraud; or that one or more of the conditions upon which said permit was granted have been violated; or that the permittee failed or refused to correct a deficiency or a hazard upon the receipt of written notice and within the time specified in such notice; or that the permittee fails or refuses to perform any of the work required; or fails or refuses to conform with any of the conditions or standards established for any subdivision, use permit or other approval granted by the City; or fails to eliminate any hazard or condition as referred to in the above section.
B. The permittee may file a written appeal with the appropriate fee, which shall be established by City Council resolution from time to time, with the City Clerk within 30 days of the decision of the City Engineer.
C. All work shall be suspended between the date the permittee is notified of revocation and the date upon which the City Council hears any appeal pursuant to this code and renders its decision. Any interested person may appear at an appeal hearing and present evidence. At the conclusion of a hearing on any appeal of a permit revocation, the Council may deny the appeal, modify existing conditions of or add new conditions to the permit, or reinstate the permit. The decision of the City Council shall be final.
D. If a permit is revoked, no further work shall be done upon that site except the correction of hazards, and the completion of any work required by the permittee’s agreement. Every agreement and every security required by this division shall remain in full force and effect notwithstanding any such revocation. (Ord. 683 § 63, 2008; Ord. 345, 1991)