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Indio Overview
Indio, CA Code of Ordinances
INDIO, CALIFORNIA CODE OF ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: BILLBOARDS AND SIGNS
CHAPTER 151: BUILDINGS
CHAPTER 152: DUST CONTROL
CHAPTER 153: FLOODPLAIN MANAGEMENT
CHAPTER 154: DENSITY BONUSES AND OTHER INCENTIVES FOR LOW INCOME AND SENIOR HOUSING
CHAPTER 155: SOIL EROSION
CHAPTER 156: SUBDIVISION REGULATIONS
CHAPTER 157: TRAILERS AND TRAILER PARKS
CHAPTER 158: UNUSED SERVICE STATIONS
CHAPTER 159: ZONING REGULATIONS
CHAPTER 160: TRANSPORTATION DEMAND MANAGEMENT
CHAPTER 161: OLD TOWN INDIO BUSINESS IMPROVEMENT DISTRICT
CHAPTER 162: GRADING
§ 162.010 TITLE.
§ 162.020 PURPOSE.
§ 162.030 DEFINITIONS.
§ 162.040 PERMIT---REQUIRED--EXCEPTIONS.
§ 162.050 PERMIT - PROHIBITED WHEN.
§ 162.060 PERMIT REQUIRED.
§ 162.070 PERMIT - TYPES DESIGNATED.
§ 162.080 SOIL INVESTIGATION REPORT REQUIRED.
§ 162.090 PERMIT APPLICATION.
§ 162.100 GRADING PLAN--REQUIREMENTS.
§ 162.110 GEOTECHNICAL REPORTS.
§ 162.120 LANDSCAPING AND IRRIGATION.
§ 162.130 HAUL ROUTE.
§ 162.140 ADDITIONAL DATA TO BE PROVIDED.
§ 162.150 GRADING APPLICATION - EXPIRATION - EXTENSION.
§ 162.160 GRADING PERMIT - EXPIRATION - EXTENSION.
§ 162.170 PERMIT DENIAL.
§ 162.180 PERMIT - TEMPORARY SUSPENSION.
§ 162.190 PERMIT - REVOCATION.
§ 162.200 FEES - PLAN CHECKING FEES.
§ 162.210 FEES - GEOTECHNICAL REPORT REVIEW.
§ 162.220 FEES - GRADING PERMIT.
§ 162.230 FEES - INSPECTION.
§ 162.240 FEES - WORK COMMENCED BEFORE PERMIT ISSUED.
§ 162.250 FEES - EXEMPTION.
§ 162.260 FEES - ADDITIONAL REQUIREMENT.
§ 162.270 FEES - REFUNDS.
§ 162.280 SECURITY - CASH DEPOSIT - CORPORATE SURETY BOND.
§ 162.290 PERMIT - WORK AUTHORIZATION.
§ 162.300 ADDITIONAL PERMITS.
§ 162.310 PERMIT - USE.
§ 162.320 RIGHT OF ENTRY - INDEMNIFICATION.
§ 162.330 LIABILITY.
§ 162.340 PERMITTEE RESPONSIBILITY - ADJACENT PROPERTY PROTECTION.
§ 162.350 PROTECTIVE DEVICES - MAINTENANCE.
§ 162.360 PERMITTEE RESPONSIBILITY - UTILITIES PROTECTION.
§ 162.370 PERMITTEE RESPONSIBILITY - PERMIT CONTENTS.
§ 162.380 ENVIRONMENTAL REVIEW - REQUIRED.
§ 162.390 ENVIRONMENTAL REVIEW - SIGNIFICANT IMPACT DETERMINATION.
§ 162.400 ENVIRONMENTAL REVIEW - ENVIRONMENTAL IMPACT REPORT WAIVER.
§ 162.410 ENVIRONMENTAL REVIEW - ENVIRONMENTAL IMPACT REPORT REQUIRED WHEN.
§ 162.420 DESIGN RESPONSIBILITY.
§ 162.430 DESIGN RESPONSIBILITY - TRANSFER.
§ 162.440 GRADING OPERATION - HOURS PERMITTED.
§ 162.450 CUT SLOPE REQUIREMENTS.
§ 162.460 FILL SLOPE REQUIREMENTS.
§ 162.470 BERMS.
§ 162.480 SETBACKS - GENERALLY.
§ 162.490 SETBACKS - REQUIREMENTS.
§ 162.500 SETBACKS - DESIGN STANDARDS.
§ 162.510 DRAINAGE AND TERRACING - GENERALLY.
§ 162.520 DRAINAGE AND TERRACING - TERRACES AND TERRACE DRAINS.
§ 162.530 DRAINAGE AND TERRACING - INTERCEPTOR DRAINS.
§ 162.540 SUBSURFACE DRAINAGE.
§ 162.550 SURFACE DRAINAGE.
§ 162.560 DRAINAGE EASEMENT.
§ 162.570 EROSION CONTROL - REQUIRED.
§ 162.580 EROSION CONTROL PLAN.
§ 162.590 EROSION CONTROL PLAN - PLAN INFORMATION - REQUIRED.
§ 162.600 EROSION CONTROL SYSTEM STANDARDS.
§ 162.610 DEPOSITING MATERIALS ON STREETS PROHIBITED.
§ 162.620 CLEAN UP OF MATERIALS ON STREETS REQUIRED.
§ 162.630 DUST CONTROL REQUIREMENTS.
§ 162.640 ADJOINING PROPERTY - PROTECTION.
§ 162.650 INSPECTION - INITIAL.
§ 162.660 INSPECTION - TYPES REQUIRED.
§ 162.670 FINAL INSPECTION - RELEASE OF SECURITY, MAINTENANCE.
§ 162.680 INSPECTION - NONCOMPLIANCE NOTIFICATION.
§ 162.690 INSPECTION - SPECIALS.
§ 162.700 INSPECTION - STOP WORK ORDERS.
§ 162.710 WORK COMPLETION.
§ 162.720 USE PERMITS - VARIANCES.
§ 162.730 NUISANCE DECLARATION.
§ 162.999 PENALTY.
CHAPTER 163: RESIDENTIAL CONDOMINIUM CONVERSIONS
PARALLEL REFERENCES
CHAPTER 162: GRADING
Section
   162.010   Title
   162.020   Purpose
   162.030   Definitions
   162.040   Permit - required - exceptions
   162.050   Permit - prohibited when
   162.060   Permit required
   162.070   Permit - types designated
   162.080   Soil investigation report required
   162.090   Permit application
   162.100   Grading plan - requirements
   162.110   Geotechnical reports
   162.120   Landscaping and irrigation
   162.130   Haul route
   162.140   Additional data to be provided
   162.150   Grading application - expiration - extension
   162.160   Grading permit - expiration - extension
   162.170   Permit denial
   162.180   Permit - temporary suspension
   162.190   Permit revocation
   162.200   Fees - plan checking fees
   162.210   Fees - geotechnical report review
   162.220   Fees - grading permit
   162.230   Fees - inspection
   162.240   Fees - work commenced before permit issued
   162.250   Fees - exemption
   162.260   Fees - additional requirement
   162.270   Fees - refunds
   162.280   Security - cash deposit - corporate surety bond
   162.290   Permit - work authorization
   162.300   Additional permits
   162.310   Permit - use
   162.320   Right of entry - indemnification
   162.330   Liability
   162.340   Permittee responsibility - adjacent property protection
   162.350   Protective devices - maintenance
   162.360   Permittee responsibility - utilities protection
   162.370   Permittee responsibility - permit contents
   162.380   Environmental review - required
   162.390   Environmental review - Significant impact determination
   162.400   Environmental review - Environmental impact report waiver
   162.410   Environmental review - Environmental impact report required when
   162.420   Design responsibility
   162.430   Design responsibility - transfer
   162.440   Grading operation - hours permitted
   162.450   Cut slope requirements
   162.460   Fill slope requirements
   162.470   Berms
   162.480   Setbacks - generally
   162.490   Setback - requirements
   162.500   Setbacks - design standards
   162.510   Drainage and terracing - generally
   162.520   Drainage and terracing - terraces and drains
   162.530   Drainage and terracing - interceptor drains
   162.540   Subsurface drainage
   162.550   Surface drainage
   162.560   Drainage easement
   162.570   Erosion control - required
   162.580   Erosion control plan
   162.590   Erosion control plan - plan information - required
   162.600   Erosion control system standards
   162.610   Depositing materials on streets prohibited
   162.620   Clean up of materials on streets required
   162.630   Dust control requirements
   162.640   Adjoining property - protection
   162.650   Inspection - initial
   162.660   Inspection - types required
   162.670   Final inspection - release of security, maintenance
   162.680   Inspection - noncompliance notification
   162.690   Inspection - specials
   162.700   Inspection - stop work orders
   162.710   Work completion
   162.720   Use permits - variances
   162.730   Nuisance declaration
 
   162.999   Penalty
§ 162.010 TITLE.
   This chapter shall be known as the Grading Ordinance of the City of Indio.
(Ord. 1449, passed 10-19-05)
§ 162.020 PURPOSE.
   The purpose of the grading chapter is to establish an official set of standards regulating the design and construction of building sites and the development of property by grading; to regulate the alteration of the ground surface to protect and preserve the public health, safety, general welfare, aesthetic value and natural resources; to encourage contoured grading in conformance with natural to encourage contoured grading in conformance with natural terrain; to minimize differential settlement, slipping or sliding of earth; to protect adjacent properties from damage caused by blockage, diversion or channeling of natural run-off waters to require engineering and geological analysis of soil conditions; to provide erosion control and proper drainage; to provide a basis for the design of footings, floor slabs and structures to be erected on parcels of land whose natural topography has been altered; to establish an administrative procedure for issuance of permits; to provide for approval of plans and inspection of grading construction; to supersede existing local practices and conventions arising from and related to grading; to advance the public health, safety and welfare by complimenting the local requirement and implementation of stormwater pollution prevention plans (SWPPPs), plans for the management and reduction of particulate matter with a diameter of less than ten micrometers ("PM10"), and National Pollutant Discharge Elimination System ("NPDES") plans; and to provide for the enforcement of the requirements contained in this chapter.
(Ord. 1449, passed 10-19-05)
§ 162.030 DEFINITIONS.
   For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   APPROVAL. A written professional opinion by the responsible principal of record concerning the satisfactory progress and completion of the work under this purview unless it specifically refers to the Director of Public Works.
   APPROVED PLANS. The most current grading plans which bear the signature of approval of the Director of Public Works.
   APPROVED TESTING AGENCY. A facility which spends the majority of its time in the field of applied soil mechanics and foundation engineering; which is equipped to perform and certify the tests and procedures required in this chapter; and which operations are conducted under the responsible supervision of a registered civil engineer.
   AS-GRADED. The surface configuration upon completion of grading.
   BEDROCK. In-place solid rock.
   BENCH. A relatively level step excavated into earth material on which fill is to be placed.
   BORROW. Earth material acquired from an off- site location for use in grading on a site.
   CITY ENGINEERING. The Director of Public Works or authorized representatives.
   CIVIL ENGINEER. A professional engineer registered in the State of California to practice in the field of civil engineering.
   CIVIL ENGINEERING. The application of the knowledge of the forces of nature, principles of mechanics, and the properties of materials to evaluation, design and construction of civil works for the beneficial uses of mankind.
   CLEARING, BRUSHING AND GRUBBING. The removal of vegetation (grass, brush, trees and similar plant types) by mechanical means.
   COMPACTION. The densification of a fill by mechanical or other acceptable means.
   DIRECTOR OF PUBLIC WORKS. The city's Director of Public Works and/or his authorized designee or representative.
   EARTH MATERIAL. Any rock, natural soil, or fill, and/or any combination thereof.
   ENGINEERING GEOLOGIC REPORT. A report prepared under the supervision of an engineering geologist providing a geologic map of a site, information on geologic measurements and exploration performed on the site and surrounding area and providing recommendation for remedial measures necessary to provide a geologically stable site for its intended use.
   ENGINEERING GEOLOGIST. A geologist certified by the State of California to practice engineering geology.
   ENGINEERING GEOLOGY. The application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil work.
   EROSION. The process by which the ground surface is worn away as a result of the movement of wind or water.
   EROSION CONTROL SYSTEM. Any combination of desilting facilities, retarding basins and erosion protection, including effective planting and the maintenance thereof, to protect adjacent private property, watercourses, public facilities and receiving waters from the deposition of sediment or dust.
   EVACUATION. Any act by which soil, sand, gravel or rock is cut into, dug, quarried, uncovered, removed or relocated, and shall include the conditions resulting therefrom.
   FAULT. A fracture in the earth's crust along which movement has occurred. A fault is considered active if movement has occurred within the past eleven thousand years (Holocene geologic time).
   FILL OR EMBANKMENT. A deposit of soil, sand, gravel, rock or other material placed by artificial means.
   GEOHYDROLOGY. All groundwater, information, well development requirements and seepage evaluations, appropriate to site development.
   GEOTECHNICAL REPORT. A report which contains all appropriate soil engineering, geologic, geohydrologic, and seismic information, evaluation, recommendations and findings. This type report combines both engineering geology and soil engineering reports.
   GRADE. The vertical elevation of the ground surface.
      (1)   EXISTING GRADE. The ground surface prior to grading.
      (2)   FINISH GRADE. The final grade of the site which conforms to the approved plan.
      (3)   NATURAL GRADE or NATURAL GROUND. The ground surface unaltered by artificial means.
      (4)   ROUGH GRADE. The stage at which the grade approximately conforms to the approved plan.
   GRADING. Any process of excavation or filling or combination thereof.
   GRADING CONTRACTOR. A contractor licensed and regulated by the State of California who specializes in grading work or is otherwise licensed to do grading work.
   GUIDELINES AND SPECIFICATIONS OF LANDSCAPE DEVELOPMENT. A guideline containing information concerning the design, installation, and maintenance of landscape and irrigation systems, as per city policy or as may be adopted by the City Council by resolution.
   IMPROVEMENTS. Landscaping, landscape irrigation equipment, man-made drainage devices such as terrace drains, dry wells, retaining walls, soil membranes, geotextiles, etc. Improvements may be to public or private property.
   KEY. A designed compact fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.
   KEYWAY. An excavated trench into competent earth material beneath the toe of the proposed fill slope.
   LANDSCAPE ARCHITECT. A landscape architect registered by the State of California.
   LANDSLIDE. The downward and outward movement of soil, sand, gravel, rock or fill or a combination thereof.
   OWNER. Any person, agency, firm or corporation having a legal, possessory or equitable interest in a given real property.
   PERMIT, FINISH GRADING. Finish grading permit a permit that is issued on the basis of approved plans which show the precise locations of structures, finish elevations, drainage details and all on-site improvements on a given property.
   PERMIT, ROUGH GRADING. A permit that is issued on the basis of approved plans which show the precise locations of structures, finish elevations, drainage details and all on-site Improvements on a given property.
   PERMITTEE. Any person or owner to whom a permit is issued pursuant to this code.
   REFERENCES. Unless indicated otherwise, references in this code to civil engineer, soil engineer, geologist, landscape architect and engineering geologist refer to the professional person(s) preparing, signing or approving the project plans and specifications which comprise the approved grading or landscape-irrigation plan.
   RESOURCE CONSERVATION AREA. 
      (1)   Watercourses;
      (2)   Scenic corridor zones or other area officially designated by federal, state or local governments as scenic areas;
      (3)   Areas of severe geologic hazard;
      (4)   Hillside areas;
      (5)   Archeological sites.
   RETAINING WALL. A wall designed to resist the lateral displacement of soil or other materials.
   SITE. Any lot or parcel of land or contiguous lots or parcels, or combination thereof, where grading is performed or permitted.
   SLOPE. An inclined ground surface of a fill, excavation, or natural terrain, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. The height of a slope is the vertical measurement taken from the toe of the slope to the top of the slope.
   SLOPE STABILITY.
      (1)   GROSS STABILITY. The factor of safety against failure of slope material located below a surface approximately three to four feet deep, measured from and perpendicular to the slope face.
      (2)   SURFICIAL STABILITY. The factor of safety against failure of the outer three to four feet of slope material measured from and perpendicular to the slope face.
   SOIL. Earth material of whatever origin, overlying bedrock and may include the decomposed zone of bedrock which can be readily excavated by mechanical equipment.
   SOIL ENGINEER. A civil engineer duly registered in the State of California, who:
      (1)   Is engaged in the practice of civil engineering and spends a majority of his or her time in the field of applied soil mechanics and foundation engineering;
      (2)   Has at least four years of responsible practical experience in the field of applied soil mechanics;
      (3)   Has access to an adequately equipped soils testing laboratory;
   SOIL ENGINEERING. The application of the principles of soil mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.
   SOILS ENGINEERING REPORT. A report prepared under the responsible supervision of a soils engineer which includes:
      (1)   Preliminary information concerning engineering, properties of soil and rock on a site prior to grading, describing locations of these materials and providing recommendations for preparation of the site for its intended use;
      (2)   Final grading report including information on site preparation, compaction of fills placed, providing recommendations for structural design and approving the site of its intended use.
   STOCKPILE. A temporary, uncompacted fill or embankment placed by artificial means, which is designated or intended to be moved or relocation at a later date.
   SUITABLE MATERIAL. Any soil or earth material which, under the criteria of this chapter or under the criteria of an approved geotechnical report, is suitable for use as fill or for any other intended purpose.
   SULFATE (SO4). A chemical compound occurring in soil or water, which in concentration has a corrosive effect on ordinary portland cement concrete and some metals.
   TERRACE. A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.
   UNIFORM BUILDING CODE (U.B.C.). The latest edition of the UBC adopted by the City of Indio, published by the International Conference of Building Officials.
   UNSUITABLE MATERIAL. Any soil or earth material having properties or characteristics which, under the criteria of this chapter or under the criteria continued in any approved geotechnical report, make it unsuitable for use as fill or for any other intended use. There properties or characteristics include but are not limited to: organic content of the material exceeds 3%; rock diameters exceeding eight inches, the presence of concrete or asphalt, or the presence of expansive soils within four feet of finish grade of any area intended or designed as a location for a building.
(Ord. 1449, passed 10-19-05)
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