Palm Desert Municipal Code Ch. 27.28 Administration

The city engineer shall enforce the provisions of this title. He may delegate to the city building official such authority for the administration of this title as he deems appropriate.

(Ord. 126 § 1, 1976, Exhibit A § 27.5-1; Ord. 294, 1982)

The city engineer shall, upon application by qualified persons, issue permits in connection with land alteration when all applicable conditions established by this title for such permits have been met. He may attach such conditions as he deems appropriate to protect health, safety, and welfare.

(Ord. 126 § 1, 1976, Exhibit A § 27.5-1.01; Ord. 294, 1982)

The city engineer shall cause land alteration being done without a permit to be stopped until a permit has been obtained. He may require that such work done without a permit be removed or corrected at the expense of the responsible person. Where land alteration work involves an embankment improperly constructed or constructed without adequate testing, he shall cause such embankment to be reconstructed or, in lieu thereof, shall cause a declaration of improper land alteration to be recorded in the office of the county recorder.

(Ord. 126 § 1, 1976, Exhibit A § 27.5-1.02; Ord. 294, 1982)

Any work done without a permit when a permit is required by this chapter is unlawful and a public nuisance. The city engineer or city building official may issue a stop work notice upon determination that a public nuisance is taking place. Upon order of the city council, the city attorney shall commence necessary proceedings for the abatement, removal and/or enjoinment of any such public nuisance in the manner provided by law. Any failure, refusal or neglect to obtain a permit as required by this chapter shall be prima facie evidence of the fact that a public nuisance has been committed in connection with the work begun or done contrary to the provisions of this chapter.

(Ord. 294, 1982; Ord. 314 § 2, 1987)

If a work commenced or done for which a permit is required by this chapter before a permit is obtained, the permit fee shall be doubled. The payment of such double fee shall not waive compliance with this chapter. Such double fee is not a penalty but is a payment to defray the added costs of special inspections required for enforcement of the provisions of this chapter in such cases. The imposition or payment of such double fee shall not prevent the imposition of a penalty.

(Ord. 294, 1982; Ord. 514 § 2, 1987)

The city engineer shall inspect all work done in connection with land alteration to insure compliance with the provisions of this title and shall certify when such work is properly completed.

(Ord. 126 § 1, 1976, Exhibit A § 27.5-1.03; Ord. 294, 1982)

Unless expressly modified by the city engineer, special inspection of grading operations and special testing shall be performed in accordance with the provisions of Sections 305 and 7014 of the Uniform Building Code.

(Ord. 294, 1982)

Grading involving less than two thousand cubic yards may be designated "regular grading" upon recommendation of the civil engineer and approval of the city engineer. Grading involving two thousand or more cubic yards shall be designated as "engineered grading." The city engineer may provide supporting documentation providing prior-to approval of a change of designation. Engineered grading shall only be performed by a grading or excavation contractor licensed to perform engineered grading.

(Ord. 294, 1982; Ord. 514 § 2, 1987)

The city engineer shall determine the extent, type and requirements of land alteration work requested, the type of application and permit required and the fees applicable under the provisions of this title.

(Ord. 126 § 1 (part) 1976, Exhibit A § 27.4-1.04; Ord. 294, 1982)

When the nature of the work requested is such that it comes within the requirements of, or affects the operation of any other department or division of the city, the city engineer shall obtain and consider the recommendations of such departments or divisions in determining the disposition of the application. He shall deny applications which, in his judgment, are not in the interest of the public health, safety or general welfare, or do not constitute a reasonable use of land as indicated by the existing zoning or an approved land use plan.

(Ord. 126 § 1, 1976, Exhibit A § 27.5-1.05; Ord. 294, 1972)

The city engineer may cancel a permit or may require the plans to be amended when it is in the interest of public health, safety and welfare and under any of the following:

A. Upon request of the permittee;

B. The facts are not as presented by the permittee in application;

C. Work as constructed or as proposed to be constructed creates a hazard to public health, safety, and welfare.

(Ord. 126 § 1, 1976, Exhibit A § 27.5-1.06; Ord. 294, 1982)

Applications for permits authorizing land alteration work shall be made in accordance with procedures established by the city.

(Ord. 126 § 1, 1976, Exhibit A § 27.5-2; Ord. 294, 1982)

A. Applications shall be accomplished by such detailed plans, specifications, schedules and estimates as may be required by the city engineer in determining the nature and extent of the work and the applicable fees. All applications for land alteration permits shall require a permit application and fee.

B. Detail plans shall be prepared on material and to the size and in the manner designated by the city in a standard available for distribution in the office of the city engineer.

C. Detailed plans and specifications for land alteration shall include but not be limited to the following:

1. A vicinity sketch or other data adequately indicating the site location;

2. A plot plan showing the location of the land alteration boundaries, lot lines, and public and private rights-of-way lines;

3. A contour map showing the present contours of the land and the proposed contours or grid elevations;

4. Location of any buildings or structures within the land alteration boundaries, and the location and elevation of any buildings, structures or vacant properties which are contiguous to the boundaries of the proposed work;

5. Typical sections showing details concerning proposed cut and fill slopes;

6. Adequate plans of all drainage devices, walls, or other protective devices to be constructed in connection with, or as a result of the proposed work, together with a map showing the drainage area of land tributary to the site and the estimated runoff of the area served by any drainage devices;

7. An estimate of the quantity of excavation and fill involved; quantities relative to construction of appurtenant structures; estimate of cost; and estimated starting and completion dates;

8. A statement or plan indicating in detail the type of erosion control proposed;

9. A soils investigation may be required to correlate surface and subsurface conditions with the proposed land alteration plan. The results of the investigation shall be presented in a soil report by a soils engineer which shall include, but need not be limited to, data regarding the nature, distribution, and strength of existing soils and rock on the site; the soils engineer's conclusions and recommendations for grading requirements, including the correction of weak or unstable soil conditions and treatment of any expansive soils that may be present and his opinion as to the adequacy of building sites to be altered by the proposed land alterations operations. The soils engineer shall provide an engineering geology report by an engineering geologist when required;

10. Such other information or data as may be required.

(Ord. 126 § 1, 1976, Exhibit A §§ 27.5-2.01—27.5-2.03; Ord. 294, 1982; Ord. 514 § 2, 1987)

When proposed work or inquiries concerning the public rights-of-way necessitates investigation or preliminary engineering studies to be performed by the city, the city engineer may require a special investigation application and fee. Special investigation fees shall be in addition to other fees for permits or permit applications and shall be in an amount sufficient to cover the cost of the investigation.

(Ord. 126 § 1, 1976, Exhibit A § 27.5-3; Ord. 294, 1982)

The permittee shall not perform any work in a manner which may create a nuisance and/or hazard to persons using public lands or streets.

The permittee will submit an operational plan for approval by the city engineer if any of the following actions are necessary to complete the work:

A. The control of public traffic by a flagger or other means;

B. The placing of obstructions (dirt, sand, aggregate base, etc.) in the public right-of-way (requires a separate permit from the city engineer);

C. The temporary reduction in the number of traveled lanes in a public street;

D. Any other action which will delay and/or restrict the use of a public street. The operational plan shall include at least the following:

1. The point or points of access to the public street or streets for export or import,

2. Special safety precautions equivalent to the following standards shall be provided where the egress (outhaul) road connects with the public street:

a. The last fifty feet of the outhaul road immediately adjoining the street if downgrade to the street shall have a grade no steeper than three percent,

b. An unobstructed sight distance of not less than three hundred feet in each direction up and down the public street shall be provided at the point of egress; such sight distance shall be measured from a point eight feet above grade in the outhaul road; said point being ten feet outside the edge of the street pavement or if no pavement, ten feet outside the edge of the normally traveled portion of the public street,

3. Traffic control devices shall be provided and maintained at the connection of the ingress and egress roads with the public way.

Dirt, mud, and other debris shall not be deposited on public streets by the permittee and/or any person working for or with the permittee in any manner. The permittee shall be responsible for the immediate removal of any dirt, mud, or other debris deposited upon public streets which directly or indirectly is a result of his or her work. The permittee shall be required to post a bond or other acceptable security for, and be responsible for the repair of restricted streets used for hauling dirt to and from the work site. Such bond amount shall be as determined by the city engineer.

Noncompliance with any provision of this section shall be grounds for immediate work suspension as ordered by the city inspector and/or city engineer.

(Ord. 294, 1982)

A. The time period in which the work is to be begun and completed will be three hundred sixty-five days. If the permittee is unable to complete the work within the specified time, he or she may request in writing to the city engineer an extension of time. The city engineer may grant extensions as he or she deems appropriate and may add conditions to the extensions as he or she deems appropriate.

B. If the permittee requires an extension after the permit expires, the permittee shall pay a proration of the original fees based on the uncompleted portion of the original work. This payment is not a penalty, but is intended to defray the expense of the longer period of inspection for the work.

(Ord. 294, 1982; Ord. 514 § 2, 1987; Ord. 1247 § 8, 2012; Ord. 1355 § 12, 2020)

If the permittee is to do any work on land adjacent to his or her parcel, he or she must submit notarized letters of permission and/or easements from the owners of the properties involved prior to issuance of a permit.

(Ord. 294, 1982)

The director shall be responsible for review and approval of wall design, height and location. All retaining walls shall be designed by a civil engineer.

The design is subject to approval of the city engineer. Appropriate fees in accordance with the schedule of fees as adopted from time to time by resolution of the city council shall be paid, and a permit shall be obtained from the building official.

(Ord. 294, 1982; Ord. 465 § 2, 1986; Ord. 514 § 2, 1987)

A. Notwithstanding other sections in this chapter and the provisions of the Uniform Building Code, where grading is required adjacent to improved residential lot(s) and where providing for drainage primarily by grading will adversely affect the aesthetics, privacy, security, and/or views of the adjacent lot(s) with fills exceeding one and one-half feet in height, the city engineer may require the use of alternate drainage devices including, but not limited to, concrete swales, yard drains, storm drains, sump pumps and spread footings. If the use of alternate drainage devices is not sufficient to mitigate any adverse impacts, the city engineer may require and/or permit the drainage of one lot across another lot provided that satisfactory easements are obtained.

B. Additionally, the city engineer may require pads to be set at street grade or lower to prevent fills greater than one and one-half feet in height, providing that at least one of the following conditions are met:

1. A landscaped berm at least eighteen inches high, as measured from the flow line of the concrete gutter or edge of asphalt paving, is constructed between the street and structure;

2. All roof drainage shall be carried to the street by drainage pipe;

3. A satisfactory easement, subject to the approval of the city attorney and city engineer is obtained to drain the rear yard; or an engineered sump or drywell, subject to the approval of the city engineer, is constructed to accommodate rear yard drainage.

C. If a satisfactory agreement with respect to the requirements of this section cannot be reached and signed between the lot developer, property owners, and adjacent neighbors, the decision is automatically placed on the next city council agenda for review.

(Ord. 294, 1982; Ord. 361, 1984; Ord. 465 § 2, 1986; Ord. 514 § 2, 1988)

A. Stockpiling of appropriate fill material will be allowed for a period no longer than six months with a six-month extension for a maximum of twelve months under the following conditions:

1. The applicant shall have an approved grading plan;

2. The applicant shall enter into an agreement with the city, upon forms approved by the city attorney, and the applicant shall provide securities for potential site restoration in an amount to be determined by the city engineer;

3. Should the city have a construction project which necessitates stockpiling, the stockpiled material shall be removed upon completion of the project.

4. All material stockpiled shall be maintained in such a manner as to not cause a public nuisance. The applicant shall agree to take any corrective action necessary to eliminate the public nuisance. In the event any required corrective action is not accomplished by the applicant, the city will use its forces or a contractor to accomplish the remedial action. The cost of such remedial action, including attorneys' fees and costs, shall be the responsibility of the property owner.

B. Permits for stockpiling will be in the form of a standard city grading permit.

(Ord. 1420, 12/12/2024)

A. Compliance with Plans and Code. The permittee, his agent, contractor or employee, shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this code.

B. Notification. In performing grading it shall be the responsibility of the permittee to notify the city engineer at least one working day in advance.

C. Protection of Utilities. During grading operations the permittee shall be responsible for the prevention of damage to any public utilities or services.

D. Protection of Adjacent Property. The permittee under the grading permit is responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking, or other damage which might result.

E. Temporary Erosion Control. The permittee shall put into effect and maintain all precautionary measures necessary to protect adjacent watercourses and public or private property from damage by erosion, flooding, and deposition of mud or debris originating from the site.

F. Inspections. The permittee shall be responsible to assure that the soils engineer performs grading inspection and soils test.

(Ord. 294, 1982)