Chapter 27.12

REQUIREMENTS AND STANDARDS OF LAND ALTERATION

The following conditions shall apply to land alteration work:

• A. No person, either as property owner, contractor, private engineer, or otherwise, shall do or shall cause to be done any land alteration work without having obtained a permit to do such work.

• B. All work done in land alteration shall be done in accordance with the conditions of the required permit, and shall conform to the approved plans, standard drawings, specifications, and general conditions as may be determined by the city engineer to be applicable to the work.

• C. A separate permit shall be required for each noncontiguous site.

• D. This chapter shall not affect the requirements of any other chapter of this code requiring permits, fees, or other charges, including those for sewer and services, or affect any provisions concerning the granting of franchises.

• (Ord. 126 § 1, 1976, Exhibit A §§ 27.2-1.01—27.2-1.04; Ord. 294, 1982)

This section shall apply as follows:

• A. Plans and Specifications. Each applicant for a grading permit shall be accompanied by two sets of plans and specifications, and supporting data consisting of a soils engineering and geology report as specified by the city engineer. The plans and specifications shall be prepared and signed by a civil engineer.

• B. Plans shall be drawn to scale of one inch equals twenty feet or as approved by city engineer upon mylar or vellum sized at twenty-four inches by thirty-six inches and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that the work proposed will conform to the provisions of the code and all relevant laws, ordinances, rules and regulations.

• (Ord. 514 § 2, 1977; Ord. 294, 1982; Ord. 1247 § 4, 2012)

Soils engineering and engineering geology reports shall not be required for single-family dwellings located in existing recorded subdivided lots. In addition, the city engineer may waive the requirement for other locations if deemed appropriate. (Ord. 294, 1982; Ord. 514 § 2, 1987)

Unless provision is otherwise made for an agreement pursuant to Section 27.16.030, this section shall apply as follows:

• A. In the event the city is required to place, replace or maintain a city-owned facility within a public right-of-way over which the property owner has done land alteration work, the

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City of Palm Desert, CA

GRADING

§ 27.12.020

§ 27.12.035

property owner shall pay the city that portion of the cost of placement, replacement or maintenance caused by the construction, or existence of the owners land alteration work.

• B. The property owner shall pay the city for all the cost of placing, replacing or maintaining a city owned facility within a public right-of-way when the city's facility has failed as a result of the construction or existence of the owners land alteration work.

• C. The costs of placing, replacing or maintaining the city-owned facility shall include the cost of obtaining a necessary alternate easement.

• (Ord. 126 § 1, 1976, Exhibit A § 27.2-1.05; Ord. 294, 1982)

The following special requirements shall apply to land alteration work as set out in Sections 27.12.040 through 27.12.090.

(Ord. 126 § 1, 1976, Exhibit A § 27.2-2; Ord. 294, 1982)

• A. Method of Construction. All fill slopes fifteen feet in height or more and steeper than three horizontal to one vertical shall be constructed by the "over fill and cutback" method. These slopes shall be overbuilt and cut back to grade exposing the firm compacted fill innercore. The actual amount of overbuilding may vary as field conditions dictate. If the desired results are not achieved, the existing slopes shall be overexcavated as directed by the soils engineer and reconstructed. The degree of overbuilding shall be increased until the desired compacted slope surface condition is achieved. Care shall be taken by the contractor to provide thorough mechanical compaction to the outer edge of the overbuilt slope surface. As fill slope construction proceeds, the slope surface shall be thoroughly backrolled with a sheepsfoot roller at vertical height intervals not exceeding four feet.

Following the attainment of the desired slope height, the outer surface of overbuilt slopes shall be cut back to the finished surface contour shown on the approved grading plan. Care shall be taken by the contractor not to excavate beyond the desired finished slope surface.

• B. Alternate Method of Construction. Fill slopes less than fifteen feet in height or flatter than three horizontal to one vertical may be constructed by alternative procedures where specifically approved by the soils engineer prior to grading. Prior to such approval, the contractor shall submit to the soils engineer a detailed written description of the procedure he proposes to utilize. Within such description, the following guidelines shall be included. Unless slopes are overfilled and cut back to grade, the outer faces of all fill slopes shall be backrolled utilizing a sheepsfoot roller at intervals not exceeding four feet of vertical slope height. Vibratory methods may be required. During construction of the fill slopes, care shall be taken to maintain near-optimum moisture conditions over the entire slope height. Following achievement of the slope height as shown on the approved grading plan, the entire slope face shall be thoroughly compacted utilizing a vibratory sheepsfoot roller. Upon completion of the above procedures, the faces of all fill slopes shall be grid-rolled over the entire slope height with standard grid-rolling type of equipment. Prior to gridrolling, care shall be taken to maintain near-optimum moisture conditions.

Following slope construction in the manner described above, if the required uniformly compacted fill slope condition is not achieved, overfilling and cutting back shall be

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City of Palm Desert, CA § 27.12.035

PALM DESERT CODE

§ 27.12.048

required. Completed slopes not approved by the soils engineer shall be overexcavated a minimum of twelve feet (horizontal) and replaced by the overfilling and cutting back procedure described in subsection A of this section.

(Ord. 294, 1982)

All slopes to be constructed in connection with land development shall be designed for proper stability after carefully considering such geological factors and soil properties which may affect that stability. The design of all slopes shall not be steeper than two horizontal to one vertical in fill or one and one-half horizontal to one vertical in cut and shall be substantiated with a report by the soils engineer, certifying that he has investigated the property and that in his opinion the proposed steeper slope will not endanger any public or private property. (Ord. 126 § 1, 1976, Exhibit A § 27-2-2.01; Ord. 294, 1982)

The elevation of finished building pads shall be controlled in the following manner:

• A. Where the existing grade is at or below street elevation, the following shall apply:

  1. In areas where full street improvements exist (curb, gutter and complete paving), the maximum finished pad height shall be no more than twelve inches above the top of curb elevation, measured at the lowest point along the lot frontage curb line, and be compatible with surrounding adjacent properties, as determined by the city engineer.

  2. In areas where full street improvements do not exist, the maximum finished pad height shall not be more than twelve inches above the crown line elevation of the street, measured at the lowest point along the lot frontage, and be compatible with surrounding adjacent properties, as determined by the city engineer.

• B. Where the existing grade is above street elevation, the following shall apply:

  1. The pad elevation shall be compatible with surrounding adjacent properties as determined by the city engineer.

• C. Where the property is subject to a tentative tract map or a final tract map that provides elevations for the property to be graded, the pad elevations shall conform to the applicable approved map. If the proposed elevations vary more than six inches from the elevations of the approved map, the revised elevations must be reviewed by the city engineer and approved through the director of development services. The director of development services may refer the request to a public hearing process for approval.

• (Ord. 465 § 2, 1986; Ord. 514 § 2, 1987; Ord. 1247 § 5, 2012; Ord. 1382 § 8, 2022)

• A. Intent. The intent of this section is to establish design standards for sensitive transition of finished grade for new development which abuts existing residential development.

• B. Finished Grade Height Restriction. Where a proposed development proposes to establish a finished grade which exceeds the elevation of the natural or existing grade of a site which abuts a residential development that is occupied at the time of application submittal, the

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City of Palm Desert, CA

GRADING

§ 27.12.048

§ 27.12.055

maximum finished grade within 100 horizontal feet of the common property shall not exceed five feet as established by a vertical measurement from the approved finished grade at the common property line with the abutting residential development, except in the following instances:

1. Master Planned Communities. The existing residential development and proposed development were approved by the city at the same time in a master plan, precise plan, specific plan, tentative map, or other phased land use approval.

2. Environmental and Hazard Mitigation. A higher finished grade elevation is necessary to in order to mitigate anticipated adverse environmental effects, and/or hazards to public health and safety, which cannot otherwise be mitigated by other means upon justification provided by the project applicant. An applicant shall take all necessary measures to minimize the finished grade and enhance the design of the transition area.

3. Site Topography. Due to the presence of significant topography on a site including, but not limited to hillside slopes in excess of 10%, thereby making a lower finished pad elevation is not feasible.

• (Ord. 1420, 12/12/2024)

Unless otherwise specified on the permit, all embankment for land alteration shall be compacted in conformance with the provisions of Chapter 70 of the Uniform Building Code, latest edition. Unless otherwise stated in the permit, a soils engineer shall be responsible for the inspection and testing of the embankment work and inspection of excavations.

The soils engineer shall file with the city engineer, upon completion of the work, a report certifying that inspections and tests were made during the grading, and that in his opinion all embankments and excavations are in accordance with the provisions of this title and the permit and are acceptable for their intended use.

(Ord. 126 § 1, 1976, Exhibit A § 27.2-2.02; Ord. 294, 1982; Ord. 514 § 2, 1987)

Deviations from the provisions of this section and Section 7012(a) of the Uniform Building Code shall be specifically addressed for each instance in the reports required by Section 7006 of the Uniform Building Code.

Terrace. Terraces at least eight feet in width shall be established at not more than twenty-five foot vertical intervals on all cut or fill slopes to control surface drainage and debris except that where only one terrace is required, it shall be at midheight. For cut or fill slopes greater than fifty feet and up to one hundred feet in vertical feet in width. Terrace widths and spacing for cut and fill slopes greater than one hundred feet in height shall be designed by the civil engineer and approved by the city engineer and shall meet or exceed the foregoing requirements. Suitable access shall be provided to permit proper cleaning and maintenance.

Swales or ditches on terraces shall have a minimum gradient of five percent and must be paved with reinforced concrete not less than three inches in thickness. They shall have a minimum paved width equal to the width of the terrace.

A single run of swale or ditch shall not collect runoff from a tributary area exceeding thirteen

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City of Palm Desert, CA § 27.12.055

PALM DESERT CODE

§ 27.12.059

thousand five hundred square feet (projected) without discharging into a down drain.

A design height of the slope shall include six feet at the top of the slope to provide for the contributory area and height of possible walls along the top of the slope.

Exception: the width and spacing of the terraces may be approved by the city engineer to be narrower and spaced differently than the preceding requirements provided:

• A. The terrace system is designed by a civil engineer and approved by the soils engineer. Such design shall include sufficient details and calculations (including hydrology) to enable full analysis by the city engineer.

• B. The maximum vertical interval shall be twenty feet, an eight-foot wide terrace shall be included at fifty feet in vertical height, and a twelve-foot wide terrace shall be included at eighty feet in vertical height.

• C. Building roads shall have a drainage gradient of at least one-half percent toward approved drainage facilities.

• D. The exception in Section 7012(d) of the Uniform Building Code is deleted. (Ord. 294, 1982; Ord. 514 § 2, 1987)

Developments or redevelopments of one acre or more in size shall be designed to retain the stormwater from a one hundred year, twenty-four hour, duration storm on site. (Ord. 1247 § 6, 2012)

If the building pad surface is paved, the minimum gradient specifications in Section 7012(d) of the Uniform Building Code may be reduced to the following minimum gradients: asphaltic concrete pavement (one-half percent); Portland cement concrete (one-half percent). (Ord. 294, 1982; Ord. 514 § 2, 1987)

• A. Except on slopes, drainage devices shall be constructed with minimum gradients as follows: Portland cement concrete construction - 0.5%; air-blown concrete construction - 0.5%; asphaltic concrete pavement - 0.5%; soils swales - 0.5%; pipes - 0.4%.

• B. Drainage devices constructed on slopes shall have a minimum gradient of five percent. Such drainage devices shall be constructed of air-blown concrete or Portland cement concrete with suitable reinforcement. Closed conduits, unpaved swales and asphalt concrete drainage structures shall not be used for slope drainage.

• C. Drainage devices shall be constructed to convey drainage to an established private or public water course, channel, storm drain or public street and shall be of a design to prevent erosion.

• D. Drainage devices conveying water to the public streets shall drain over driveway approaches, through curb drains, through sidewalk culverts, or through nonconcentrated sheet flow over the curb as designated by the city engineer.

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City of Palm Desert, CA

GRADING

§ 27.12.059

§ 27.12.090

• (Ord. 294, 1982; Ord. 514 § 2, 1987)

All land alteration work in the hillside area as shown as a hillside overlay on the official zoning map on file in the office of the director shall be approved through the conditional use permit procedures as specified in Title 25 before a permit to begin work may be issued by the city. (Ord. 126 § 1, 1976, Exhibit A § 27.2-2.03; Ord. 294, 1982)

• A. Where slopes are planted for erosion control, the slope shall be watered by a designed automatic irrigation system approved by the city engineer. The irrigation system and landscaping shall have their own plans and specifications. Landscaping shall have a minimum ninety-day plant establishment period prior to calling for final approval.

• B. The manner(s) of erosion control shall be specifically addressed in the report required by Section 7006 of the Uniform Building Code.

• C. The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this code, or any other person or agent in control of such property, shall maintain in good condition and repair all drainage structures and other protective devices and burrowing rodent control when shown on the grading plans filed with the application for grading permit and approved as a condition precedent to the issuance of such permit.

• (Ord. 294, 1982)

Where, in the opinion of the city engineer, the construction of an uncontrolled embankment or stockpile would not be contrary to the public interest or welfare, a permit for such land alteration may be issued; provided, that the plans clearly indicate the limits of the uncontrolled embankment or stockpile to be constructed and an agreement or covenant of restriction has been executed as required in this title, and recorded in the office of the county recorder. (Ord. 126 § 1, 1976, Exhibit A § 27.2-2.04; Ord. 294, 1982; Ord. 514 § 2, 1987)

If, during the grading operation, expansive soil is found within two feet in cut or three feet in fill of the finished lot grade of any area intended or designed as the location for a building, the permittee shall cause such expansive soil to be removed from such building area to a minimum depth approved by the building official or as certified by a soils report and replaced with nonexpansive soil properly compacted; provided, however, the city engineer may, upon receipt of a report by a soils engineer certifying that he or she has investigated the property and recommending a design of footings or floor slab or other procedure that in his or her opinion will alleviate any problem created by such expansive soil, waive the requirements that such expansive soil be removed and replaced with nonexpansive soil.

(Ord. 126 § 1, 1976, Exhibit A § 27.2-2.05; Ord. 294, 1982)

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City of Palm Desert, CA § 27.12.090

PALM DESERT CODE

§ 27.12.130

All land alteration shall take into consideration the effect on surrounding property. Particular attention shall be given in the design to the protection of views from adjoining property across the area to be graded. If in the opinion of the city engineer, views will be substantially damaged by the proposed grading, he or she shall refer the proposed grading plan to the design review board for conceptual approval. No permit shall be issued until conceptual approval is obtained. (Ord. 126 § 1, 1976, Exhibit A § 27.2-2.06; Ord. 294, 1982)

Except as provided in this chapter, all work in connection with land alteration shall be done in accordance with the latest revised standards of the city. Such drawings, specifications, and general conditions are on file in the office of the city engineer and shall be kept for public distribution in accordance with established fee schedules. In connection with land alteration work, deviations from the requirements of these standards will be permitted based upon written reports and recommendations by qualified and recognized authorities subject to review and approval by the city engineer.

(Ord. 126 § 1, 1976, Exhibit A § 27.2-3; Ord. 294, 1982; Ord. 514 § 2, 1987)

An owner of land or duly licensed contractor desiring to do land alteration work incidental to and in connection with the construction of a building or structure shall present an application and obtain a land alteration permit prior to the obtaining of a building permit.

The building official may suspend any building permit where it is found that land alteration is being done or has been done without a land alteration permit until a land alteration permit is issued.

(Ord. 126 § 1, 1976, Exhibit A § 27.2-5; Ord. 294, 1982)

• A. Where, in the course of alteration of private property, adjacent public improvements are damaged, removed, disconnected, or dislocated, the property owner shall, at no cost to the city, repair or replace such public improvements to the satisfaction of the city engineer.

• B. Where, in the course of alteration of private property, a driveway is abandoned and is no longer suited for vehicular use, the property owner shall remove the depressed curb section and apron and restore the right-of-way to the standards normally required.

• C. The city engineer shall notify the property owner of such abandonment or damage and the property owner shall take corrective action within thirty days of such notice. The city engineer is empowered to process such violations affecting the public right-of-way and general welfare as a misdemeanor as specified in Section 27.36.020. The city shall not certify to the completion of a building or other permitted work where a notice has been issued and corrective action has not been taken.

• (Ord. 126 § 1, 1976, Exhibit A § 27.2-6; Ord. 294, 1982)

During the construction of land alteration, the contractor and the property owner shall take all

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City of Palm Desert, CA

GRADING

§ 27.12.130

§ 27.12.170

necessary measures to protect adjacent property and public right-of-way from damage which may result from the work and to provide the necessary fences, and barricades to eliminate any hazard to the public in their normal use of such property or right-of-way. In addition to the requirements of the standard specifications, fences shall be provided adjacent to the top of the excavation in accordance with the provisions herein where the slope is one foot horizontal to one foot vertical or steeper. Such fences or barricades shall be substantially constructed and shall be properly maintained as long as the hazard resulting from the excavation exists.

Where a slope is created adjacent to the public right-of-way or other publicly used property, and the top of slope exceeds ten feet in height, a forty-eight-inch-high approved fence shall be erected at the top of slope.

The city engineer may modify or delete the requirements of this section where it is evident that the land alteration work will present no hazard to the adjacent property or public right-of-way. (Ord. 126 § 1, 1976, Exhibit A § 27.2-7; Ord. 294, 1982)

The permittee shall take such steps as are reasonably necessary to prevent creation of a nuisance, including but not limited to spillage, dust, erosion and noise control. (Ord. 126 § 1, 1976, Exhibit A § 27.2-8; Ord. 294, 1982)

Every person doing land alteration shall meet such qualifications as may be determined by the city engineer to be necessary to protect the public interest. The city may require an application for qualification which shall contain all information necessary to determine the persons qualifications to do the land alteration.

Except as otherwise provided in this title, all land alteration shall be performed by a contractor, who has been duly licensed by the state.

(Ord. 126 § 1, 1976, Exhibit A § 27.2-9; Ord. 294, 1982)

Any person occupying property as his own home or constructing a house to be occupied as his own home may present an application to do land alteration work on his own property.

Any work authorized by permit as a result of a property owners application shall be supervised or performed personally by the property owner.

(Ord. 126 § 1, 1976, Exhibit A § 27.2-10; Ord. 294, 1982; Ord. 465 § 2, 1986; Ord. 514 § 2, 1987)

Whenever the city determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public right-of-way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of the property, upon receipt of notice in writing from the city shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this code.

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City of Palm Desert, CA

PALM DESERT CODE

§ 27.12.200

§ 27.12.170

• (Ord. 126 § 1, 1976, Exhibit A § 27.2-11; Ord. 294, 1982)

No permit for construction of any building or structure shall be issued by the building official until:

• A. The required grading plans and specifications have been submitted, reviewed and approved by the city engineer; and

• B. A current valid and unexpired grading permit has been issued.

Exception: A building permit may be issued for "minor construction" as defined by the city engineer.

• (Ord. 294, 1982; Ord. 465 § 2, 1986)

No inspection or approval on the building or structures foundation system shall be given by the building official until the city engineer has received, reviewed and approved a certification that the proposed top of form height and horizontal location conform to the approved grading plan. The required top of form height and horizontal location certifications shall be prepared and submitted by a licensed land surveyor or civil engineer.

(Ord. 465 § 2, 1986; Ord. 514 § 2, 1987; Ord. 1061 § 2 (Exhibit A), 2004)

No final inspection approval or certificate of occupancy shall be issued by the building official until final approval of the finished grading has been given by the city engineer. (Ord. 465 § 2, 1986)

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City of Palm Desert, CA

GRADING

§ 27.16.010

§ 27.16.030

CHAPTER 27.16 SUBDIVISION GRADING