Palm Desert Municipal Code Ch. 27.20 Exemptions

A. Land alteration will be exempt from regulation under this title when it conforms to the following description; provided, however, that whenever a portion of a land alteration project fails to comply with any one of the exemption provisions of this section, other than subdivision 4 of this subsection, the entire project shall be considered as nonexempt land alteration:

1. The depositing of materials in any disposal area operated or licensed by the city;

2. The making of excavation on any site or contiguous sites held under one ownership, which produces a final cut face not exceeding one and one-half feet in vertical depth at any one point, and in which the cut face does not extend below the angle of repose at natural slope of the soil as measured from a point one foot inside the exterior property line;

3. The making of embankment on any site or contiguous sites held under one ownership, in which all of the following are found to exist:

a. None of the embankment exceeds one and one half feet in vertical depth,

b. None of the embankment is placed on a slope steeper than five horizontal to one vertical,

c. The embankment does not change or adversely affect the existing drainage pattern,

d. The toe of the embankment is no closer than three feet to an exterior property line, and

e. The total depth of embankment does not exceed one-half foot.

4. Excavation for foundations of buildings, structures, basements, cellars, swimming pools, or basins which are authorized by appropriate permits obtained from the building and safety department; provided such excavation does not affect public property or rights-of-way and no public interest is involved.

Foundations, as referred to in this subsection shall not be construed to include foundations for retaining walls, drainage structures, or other structures appurtenant to the land alteration;

5. Excavation or embankment performed by a governmental agency, franchise holder or their contractor incidental to the construction of roadways, pipelines, or utility lines within their rights-of-way or within public rights-of way;

6. Cemetery graves;

7. Excavations for wells or tunnels or utilities;

8. Minor alteration and remodeling to an existing structure as determined by the city engineer.

9. Exploratory excavations under the direction of soils engineers or engineering geologist.

B. The exceptions of this chapter shall not affect the applicability of this title to nor the requirement for a land alteration permit for any embankment or excavation or work done at another site where material is transported to or from projects as outlined in this section.

(Ord. 126 § 1, 1976, Exhibit A § 27.3-1; Ord. 294, 1982; Ord. 514 § 2, 1987)