§ 15.36.180. Approval or 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 constitute a hazard to property or result in the deposition of debris on any public way or interfere with any existing drainage course. If it can be shown to the satisfaction of the City Engineer that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices or by other means, the City Engineer may issue the permit with the condition that such work be performed.

B.

..... 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 and the building permits for habitable structures shall be denied.

C.

..... The City Engineer may require plans and specifications to be made in order to mitigate anticipated adverse environmental effects of proposed grading projects. He may, under circumstances where the significant adverse environmental effects of a proposed grading project cannot be mitigated, deny the issuance of a grading permit.

D.

..... The City Engineer may require plans and specifications to be modified in order to make them consistent with the City of San Clemente General Plan, Specific Plans, Zoning Code, water quality requirements or other rules, regulations, or conditions applicable to the project. He may deny the grading permit if the proposed project cannot be designed in accordance with these rules, regulations or conditions.

E.

..... The City Engineer shall have the discretion to issue a grading permit for maintenance or repair of a legal nonconforming hillside or slope on a previously developed lot or lots when a grading permit is required by Section 15.36.120 of this chapter, even though the hillside or slope would not comply with all of the current requirements of this chapter when, in the opinion of the City Engineer, both of the following conditions are satisfied: (1) the work authorized by the grading permit would improve the existing condition of the hillside or slope, and (2) it would not be feasible under the circumstances to require strict compliance with all of the current requirements of this chapter. As used herein, the term "legal nonconforming hillside or slope" shall mean a hillside or slope which complied with the requirements of the City's grading ordinances and regulations at the time the lot was developed, but which has been rendered nonconforming due to the subsequent adoption or amendment of this chapter.

 The City Engineer shall have the discretion to condition the issuance of a grading permit pursuant to this subsection upon the applicant's compliance with feasible mitigation measures, including without limitation installation of appropriate drainage and erosion control facilities and improvements.

 No permit shall be issued for hillside or slope maintenance or repair pursuant to this subsection until the owner certifies in writing that he or she understands and acknowledges that the work authorized by the grading permit and the resulting slope do not conform to the existing City standards contained within this chapter.

Nothing in this chapter is intended to authorize or permit a waiver or variance from the provisions of this chapter at the time new development occurs.

(Ord. 1278 § 1, 2003)