(a) Criteria for Approval.
(1) Ministerial Permit Application. A ministerial permit application shall be approved, and a grading, drainage, or vineyard and
orchard site development permit issued, when the permit authority verifies that:
(i) The proposed grading, drainage improvement, or vineyard or orchard site development complies with the provisions of this chapter,
other applicable provisions of this code, and the conditions of any applicable land use permit or other entitlement; and
(ii) The proposed grading, drainage improvement, or vineyard or orchard site development is not part of a project for which an
application for a discretionary land use permit has been submitted, or, if part of such a project, the discretionary land
use permit has been issued.
(2) Discretionary Permit Application. A discretionary permit application may be approved, and a grading, drainage, or vineyard
and orchard site development permit issued, when the permit authority determines that:
(i) There are special circumstances affecting the property that make the strict application of the standards in this chapter impractical;
(ii) The proposed grading, drainage improvement, or vineyard or orchard site development is consistent with the purpose and intent
of the standards in this chapter, and does not diminish the health, safety, and environmental protection benefits that would
be obtained from the strict application of those standards;
(iii) The proposed grading, drainage improvement, or vineyard or orchard site development complies with all other provisions of
this chapter, other applicable provisions of this code, and the conditions of any applicable land use permit or other entitlement;
and
(iv) The proposed grading, drainage improvement, or vineyard or orchard site development is not part of a project for which an
application for a discretionary land use permit has been submitted, or, if part of such a project, the discretionary land
use permit has been issued.
(b) Permit Conditions. In approving a discretionary permit application, the permit authority may impose any conditions deemed
reasonable and necessary to protect public health, safety, and welfare, prevent adverse environmental impacts or the creation
of hazards to property, and ensure proper completion of work.
(c) Effect of permit and approved plans and specifications.
(1) Compliance with Plans and Specifications Required. All work shall be done in compliance with the approved plans and specifications.
The approved plans and specifications shall not be changed without the written approval of the permit authority.
(2) Modifications. Proposed modifications to the approved plans and specifications shall be submitted to the permit authority
in writing, together with all necessary technical information and design details. A proposed modification shall be approved
only if the permit authority verifies that the modification complies with the provisions of this chapter, other applicable
provisions of this code, and the conditions of any applicable land use permit or other entitlement.
(d) Distribution of Approved Plans and Specifications. The permit authority shall retain one (1) or more sets of approved and
dated plans and specifications for inspection and record keeping. Two (2) sets of approved and dated plans and specifications
shall be provided to the permittee. The permittee shall maintain one (1) set of approved and dated plans and specifications
and the permit on the site at all times during the work.
(Ord. No. 5891, § 7, 12-9-2008.)