(A) General Plan Consistency. If, in the opinion of the Community Development Director, the land area on which the grading is proposed is not consistent with the general plan, the grading permit shall be denied.
(B) Hazardous Grading. The Director of Public Works shall not issue a grading permit in any case where he or she finds or when it may reasonably be inferred that the work as proposed by the applicant will:
(1) Damage any private or public property; or
(2) Expose any property to landslide or geologic hazard; or
(3) Adversely interfere with existing drainage courses or patterns; or
(4) Cause erosion which could result in the depositing of mud, silt or debris on any public or private street or way; or
(5) Create any hazard to person or property. If it can be shown to the satisfaction of the Director of Public Works that the hazard can be mitigated by the construction of retaining structures, buttresses, fills, drainage structures or facilities or by other means, the Director of Public Works may issue the grading permit on the condition that such construction be performed and the revision of the grading plans accordingly.
(C) Geological Hazard. If, in the opinion of the Director of Public Works, the land area for which grading is proposed is subject to geological hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to person or property, the grading permit shall be denied.
(D) Flood Hazard. If, in the opinion of the Director of Public Works, the proposed grading would adversely affect the flow of runoff in any identified floodplain of floodway, or would alter runoff to the detriment of upstream, downstream or adjacent properties, the grading permits shall be denied.
(E) Subdivision or Use Permit. Under either of the following circumstances, a grading permit shall not be issued unless and until a tentative map or subdivision or a use permit has been approved or conditionally approved:
(1) If the purpose of the proposed grading as stated in the application is to prepare the land for subdivision or for some use for which a use permit is required; or
(2) Notwithstanding the purpose of the proposed grading as stated in the application, if the Director of Public Works and the Director of Community Development find that the purpose of the proposed grading is to prepare the land for subdivisions or for some use for which a use permit is required.
(F) Other Reasons. The Director of Public Works shall deny the issuance of a grading permit if so directed by the City Council, if prohibited therefrom by a duly enacted moratorium, court order, injunction, or other legal order, or if the applicant or owner has failed to comply with the provisions of this code or any particular condition of approval or requirement arising from application of the California Environmental Quality Act related to the project and/or grading operation in question, or if the work proposed is not consistent with the City of Indio general plan, or any element thereof, or any specific plan, use permit, land use ordinance or regulation, or zoning ordinance or regulation.
(Ord. 1449, passed 10-19-05)