HomeMy WebLinkAboutORD 1420ORDINANCE NO. 1420
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA UPDATING SECTIONS OF
TITLE 27 GRADING AND MAKING A FINDING OF
EXEMPTION UNDER CEQA.
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Amendment to Municipal Code. The City Council hereby adopts the
updated sections of the Palm Desert Municipal Code Title 27 Grading, attached hereto
as Attachment “A.”
SECTION 2. CEQA Exemption. The City Council finds and determines that the
proposed ordinance amendment qualifies for exemption from the California
Environmental Quality Act (CEQA) for the “common sense” exemption under Section
15061(b)(3). The ordinance introduces procedures specifically designed to safeguard
environmental interests without authorizing physical changes. There is no possibility of
a significant environmental impact. The ordinance primarily addresses administrative
processes and regulatory guidance, without permitting construction activities, physical
alterations, or increases in development density. It refines regulatory compliance and
oversight rather than promoting physical development. Importantly, no specific grading
projects are approved under this ordinance; any such project would require a separate
environmental review in compliance with CEQA. Thus, the ordinance is procedural in
nature, reinforcing environmental protection and ensuring it bears no potential for
significant environmental impact, supporting its qualification for the CEQA “common
sense” exemption.
SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase
of this ordinance is for any reason held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining portions of this ordinance. The Cit y Council
hereby declares that it would have passed this ordinance, and each section, subsection,
sentence, clause and phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 4. Posting and Publication. The City Clerk of the City of Palm Desert,
California, is hereby directed to publish a summary of this Ordinance in the Desert Sun,
a newspaper of general circulation, published and circulated in the City of Palm Desert,
California, and shall be in full force and effective thirty (30) days after its adoption.
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Ordinance No. 1420 Page 2
ADOPTED ON DECEMBER 12, 2024.
JAN C. HARNIK
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby
certify that Ordinance No. 1420 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on October 24, 2024, and adopted at a
regular meeting of the City Council held on December 12, 2024, by the following vote:
AYES: NESTANDE, PRADETTO, TRUBEE, AND HARNIK
NOES: NONE
ABSENT: QUINTANILLA
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ____________________.
ANTHONY J. MEJIA
CITY CLERK
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12/13/2024
Ordinance No. 1420 Page 3
ATTACHMENT “A”
GRADING ORDINANCE AMENDMENT
SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 27.08.015 Abut is hereby added as follows:
27.08.015 Abut
“Abut” means two, or greater, adjoining parcels of property with a common property line.
Properties separated by a public street right-of-way will not generally be considered
adjoining.
SECTION 2. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 27.08.027 Building Pad is hereby added as follows:
27.08.027 Building Pad
“Building pad” means the level padded yard area created through grading for a building
site and other ancillary uses. Areas with slopes of five to one or flatter are considered
level padded yard areas. Driveways providing access to the building pad are not
included as part of the total permitted level pad area.
SECTION 3. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 27.08.130 Grade is hereby repealed and replaced as follows:
27.08.130 Grade
“Grade” means the vertical location of the ground surface.
SECTION 4. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 27.08.132 Grade, Existing is hereby added as follows:
27.08.132 Grade, Existing
“Grade, Existing” or “Existing Grade” means the ground surface prior to grading.
SECTION 5. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 27.08.134 Grade, Finished is hereby added as follows:
27.08.134 Grade, Finished
“Grade, Finished” or “Finished Grade” means the final grade of the site which conforms
to the approved plan.
SECTION 6. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 27.08.136 Grade, Natural is hereby added as follows:
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27.08.136 Grade, Natural
“Grade, natural” or "Natural grade" means the ground surface unaltered by artificial
means.
SECTION 7. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 27.12.048 Finished Grade Transition Standard is hereby added as
follows:
27.12.048 Finished Grade Transition Standard
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 maximum finished grade within one -hundred
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.
SECTION 8. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 27.28.155 Stockpiling and mining is hereby repealed and replaced as
follows:
27.28.155 Stockpiling.
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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 pro ject.
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 attorney’s 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.
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