Lake County Municipal Code Art. VI Application Processing and Review

25.1

All applications for grading permits classified as Standard Grading or Complex Grading shall be submitted to the Northwest Information Center (NWIC) for review at the applicant's expense. Upon the receipt of a response from the NWIC, the Administrative Official shall determine if further studies relating to archaeological or historical resources shall be required for the project to conform to the standards as set forth in Section 30-8 "Cultural Resources."

25.2

All grading permit applications in the FEMA-mapped floodplain shall be reviewed by the Department of Public Works for consistency with Chapter 25 of the Lake County Code, Floodplain Management. Should the Department of Public Works deem necessary, additional plans and/or calculations may be required to ensure that no increased flooding will result from the project.

25.3

The Community Development Department shall review each application for completeness, and accuracy and shall, within thirty (30) calendar days after its submittal, notify the applicant in writing of any incomplete information and the manner in which the applicant may complete the submittal of the necessary information. Each resubmittal of additional information shall begin a new thirty (30) day period for review for completeness, or otherwise shall be deemed complete.

25.4

Any application under which the applicant has not provided sufficient information to deem the application complete within a period of one (1) year shall be deemed withdrawn, unless granted an extension by the Administrative Official. A new application for the proposed activities may be submitted pursuant to the requirements set forth in Article V.

25.5

Upon acceptance of the application as complete, the Community Development Department shall evaluate the proposed grading activities for conformance with the requirements of this Section and any other applicable provisions of law.

(Ord. No. 2830, § 1, 7-17-2007)

26.1

All grading permits are subject to review under the California Environmental Quality Act (CEQA), unless each of the criteria is met for the application for a Simple Grading permit, or the proposed project qualifies as one (1) of the activities exempted from the requirements to obtain a grading permit.

(Ord. No. 2830, § 1, 7-17-2007)

27.1

The Administrative Official may refer grading permit application materials to appropriate agencies for review and comment, under CEQA, prior to grading permit approval. The Administrative Official may impose any reasonable conditions necessary to protect public health, safety and welfare, prevent adverse environmental impacts, ensure conservation of sensitive biological or cultural resources and ensure the proper completion of proposed grading activities in accordance with the standards set forth in Article IV.

27.2

Certain categories of projects are required to obtain coverage under the Construction General Permit for Discharges of Storm Water administered by the California Regional Water Quality Control Board. As a grading permit condition of approval, applicants may be required to file for a Notice of Intent (NOI) to comply with the Construction General Permit. Prior to issuance of a grading permit, the Community Development Department must receive a copy of the Storm Water Pollution Prevention Plan and verify the applicant's Waste Discharger Identification Number (WDID) when required.

27.3

Complex Grading located in mapped Naturally Occurring Asbestos Areas shall require submittal of an Asbestos Dust Mitigation Plan to the Lake County Air Quality Management District for approval.

(Ord. No. 2830, § 1, 7-17-2007)

28.1

Once the application for a grading permit is deemed complete, the Community Development Department shall approve, conditionally approve or deny; (a) a Simple Grading permit within thirty (30) days (b) a permit subject to the California Environmental Quality Act (CEQA) within one hundred and eighty (180) days.

28.2

No action shall be taken to approve, conditionally approve, or deny a grading permit unless it is:

a) Accompanied by a written determination from the Community Development Department that the project is exempt from the provisions of CEQA; or

b) Accompanied by a copy of a Categorical Exemption filed with the County Clerk; or

c) Accompanied by a copy of a Notice of Determination filed for a properly circulated and noticed negative declaration or EIR.

28.3

A grading permit may be issued when determined by the Community Development Department that the nature and extent of the proposed grading:

a) Is consistent with the intent of the Lake County General Plan and any applicable Area Plan;

b) Is consistent with the Lake County Zoning Ordinance;

c) Is consistent with the characteristics and constraints of the site;

d) Is appropriate for the proposed use and will not create site disturbance to an extent greater than that reasonably required to establish the use;

e) Is consistent with erosion control plan requirements and applicable standards and proposed erosion and sediment control measures are appropriate for the degree of site disturbance;

f) Will not result in accelerated erosion, sedimentation or other adverse effects or hazards to life or property;

g) Will not result in adverse impacts to the environment or sensitive biological or cultural resources;

h) Is consistent with dust control requirements and applicable standards and proposed control measures are appropriate for the degree of site disturbance;

i) Meets the Asbestos Dust Mitigation Plan requirements, or has been otherwise reviewed and approved by the LCAQMD.

(Ord. No. 2830, § 1, 7-17-2007)