HomeMy WebLinkAboutARCH REV - RES NO 1051RESOLUTION NO. 1051
EXHIBIT A
Case #AR 2024-0076
2398 City View Drive (Lot 54)
December 2, 2024
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, Director of Planning Services, Building Official, the Chief
of Police, the Fire Chief or their designee, depending on which department recommended
the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case #AR
2024-0076 except as modified by the conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, which include site plans, architectural
elevations, exterior materials and colors, landscaping, and grading on file in the
Department of Planning Services except as modified by the conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning Services or his designee may
approve minor deviations to the project description and approved plans in
accordance with the provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City
of Palm Springs, its agents, officers, and employees from any claim, action, or
proceeding against the City of Palm Springs or its agents, officers or employees
to attach, set aside, void or annul, an approval of the City of Palm Springs, its
legislative body, advisory agencies, or administrative officers concerning Case
Resolution No. 1051 December 2, 2024
Case Nos. Case #AR 2024-0076 – 2398 City View Drive (Lot 54)
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#AR 2024-0076 The City of Palm Springs will promptly notify the applicant of
any such claim, action, or proceeding against the City of Palm Springs and the
applicant will either undertake defense of the matter and pay the City's
associated legal costs or will advance funds to pay for defense of the matter by
the City Attorney. If the City of Palm Springs fails to promptly notify the
applicant of any such claim, action or proceeding or fails to cooperate fully i n
the defense, the applicant shall not, thereafter, be responsible to defend,
indemnify, or hold harmless the City of Palm Springs. Notwithstanding the
foregoing, the City retains the right to settle or abandon the matter without the
applicant's consent but should it do so, the City shall waive the indemnification
herein, except, the City's decision to settle or abandon a matter following an
adverse judgment or failure to appeal, shall not cause a waiver of the
indemnification rights herein.
ADM 6. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including and
without limitation all structures, sidewalks, bikeways, parking areas, landscape,
irrigation, lighting, signs, walls, and fences between the curb and property line,
including sidewalk or bikeway easement areas that extend onto private
property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the property
owner’s sole expense. This condition shall be included in the recorded
covenant agreement for the property if required by the City.
ADM 7. Time Limit on Approval. Approval of the Major Architectural Application (MAJ)
shall be valid for a period of two (2) years from the effective date of the
approval. Extensions of time may be granted by the Planning Commission
upon demonstration of good cause.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Notice of Exemption (NOE). The project is exempt from the review of the
California Environmental Quality Act (CEQA). The applicant shall contact the
Department of Planning Services within 2 business days of the ARC’s final
action to submit a Riverside County Clerk NOE filing fee.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Water Efficient Landscaping Conformance. The project is subject to the Water
Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs
Municipal Code and all other water efficient landscape ordinances. The
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Case Nos. Case #AR 2024-0076 – 2398 City View Drive (Lot 54)
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applicant shall submit landscape and irrigation plans to the Department of
Development Services for review and approval prior to the issuance of a
building permit. The Landscape plan shall be wet stamped and approved by
the Riverside County Agricultural Commissioner's Office prior to submittal.
Additionally, the landscape and irrigation plans shall also be certified by the
local water agency that they are in conformance with the water agency’s and
the State’s Water Efficient Landscape Ordinances. Smart irrigation controller
is required.
PLN 2. HOA Approval Required. The applicant shall obtain HOA approval for the
proposed project, including solar panel installation. Should modifications be
required to the plans which have been approved by the HOA, it is the
responsibility of the applicant to notify the HOA of the changes and obtain
approval for the revision. If the HOA requires alterations to the development
plans that are approved by the City, the applicant shall submit revised
development plans to the Department of Planning Services for review and
approval of such changes. The review may or may not require ARC review
and approval, depending on the nature of changes presented.
PLN 3. Non-Build Buffer Areas. There shall be no work permitted in the non-build
buffers, including landscaping. All work relating to this project shall be
conducted fully out of the non-build buffer areas.
PLN 4. Outdoor Landscape Lighting Fixtures. All outdoor lighting fixtures shall be
installed and operated in accordance with Palm Springs Zoning Code Section
93.21.00 (Outdoor Lighting Standards). All outdoor lighting fixtures shall be
directed towards the project site, not outward.
PLN 5. Pool Enclosure. The design of the pool enclosure shall be satisfactory to the
requirements of the Building & Safety Department.
PLN 6. Pad Elevations. Final building pad elevations shall not vary more than 12
inches above or below the pad elevation established by the approved
preliminary grading plan and / or tentative map. Any deviations from this
provision shall require approval by the Planning Commission.
BUILDING & SAFETY DEPARTMENT CONDITIONS
The Following Standard Building & Safety Conditions of Approval Are Applicable to This
Project:
General Conditions
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BLDG 1. Shall comply with the latest adopted edition of the following codes as
applicable:
A. 2019 California Residential Code
B. 2019 California Electrical Code
C. 2019 California Mechanical Code
D. 2019 California Plumbing Code
E. 2019 California Energy Code
F. 2019 California Fire Code
G. 2019 California Green Building Standards Code
BLDG 2. Any temporary building, trailer, commercial coach, etc. installed and/or used in
connection with a construction project shall comply with City Code.
BLDG 3. All development impact fees including but not limited to TUMF, CVMSHCP,
Sewer Connection/Agreements etc. and/or Public Arts shall be paid at time of
permit issuance.
BLDG 4. Separate permit shall be required for the pool enclosure; the enclosure shall be
minimum 5 feet in height and non-climbable.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Services Department recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with City
standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
Conditions, whether or not restated by Engineering shall conform to the Desert Palisades
Specific Plan
GENERAL
ENG 1. The applicant shall comply with all required Standard Conditions and Mitigation
Measures identified in the Final Environmental Impact Report for the Desert
Palisades development, as applicable to the individual lots, whether or not restated
in these conditions of approval. All required plans shall be prepared in
conformance with all applicable Standard Conditions and Mitigation Measures.
ENG 2. Development of the site is subject to all applicable provisions of Chapter
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92.21.1.05 “Design Standards” of the Palm Springs Zoning Code, whether or not
restated in these conditions of approval. All required plans shall be prepared in
conformance with all applicable provisions of the Code.
ENG 3.The Property is located in the Environmentally Sensitive Area – Specific Plan
("ESA-SP") zone. Pursuant to Section 92.21.1.05(J) of the Palm Springs Zoning
Code, prior to the issuance of any permit for grading or construction of any
improvement on any property within the ESA-SP zone, the property owner shall
enter into an agreement with the City ensuring that should the improvement not be
completed as permitted, that the land will be re -naturalized. A current title report;
or a copy of a current tax bill and a copy of a vesting grant deed shall be provided
to verify current property ownership.
Security Bond ($50,000.00) and agreement preparation fee in effect at the time
that the agreement is submitted shall be paid by the applicant prior to issuance of
any grading or building permits.
SANITARY SEWER
ENG 4. All sanitary facilities shall be connected to the private sewer system. New laterals
shall not be connected at manholes.
ENG 5. Applicant shall pay a sewer assessment fee of $3,628.77 in accordance
with the terms of the Racquet Club Road Sewer Construction Refund Agreement
between the City of Palm Springs and the Pirozzi Family Trust Established
November 30, 1992, Sewer Agreement No. 6253. The fee shall be paid to the City
of Palm Springs prior to issuance of a building permit.
GRADING
ENG 6. Submit a Precise Grading Plan prepared by a California licensed civil engineer
to the Engineering Services Department for review and approval. If the overall
project grading volumes are less than 50 cubic yards and the project does not
involve a hillside lot as defined by City of Palm Springs Zoning Code 93.13.00,
then the plan does not need to be prepared by a licensed professional unless
determined otherwise by the City Engineer. The plan shall be approved by the City
Engineer prior to grading permit issuance.
A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading
contractor and submitted to the Engineering Services Department for review and
approval. The applicant and/or its grading contractor shall be required to comply
with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be
required to utilize one or more “Coachella Valley Best Available Control Measures”
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as identified in the Coachella Valley Fugitive Dust Control Handbook for each
fugitive dust source such that the applicable performance standards are met. The
applicant’s or its contractor’s Fugitive Dust Control Plan shall be prepared by staff
that has completed the South Coast Air Quality Management District (AQMD)
Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading
contractor shall provide the Engineering Services Department with current and
valid Certificate(s) of Completion from AQMD for staff that have completed the
required training. For information on attending a Fugitive Dust Control Class and
information on the Coachella Valley Fugitive Dust Control Handbook and related
“PM10” Dust Control issues, please contact AQMD at (909) 396-3752, or at
http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the
Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and
approved by the Engineering Services Department prior to approval of the Grading
plan.
The first submittal of the Grading Plan shall include the following information: a
copy of final approved conformed copy of Conditions of Approval; a copy of a final
approved conformed copy of the Site Plan; a copy of current Title Report; a copy
of Soils Report; and a copy of the associated Hydrology Study/Report; a copy of
the project-specific Final Water Quality Management Plan.
ENG 7. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the
applicant shall obtain written approval to proceed with construction from the Agua
Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal
Archaeologist (a copy of the written approval must be provided to the City). The
applicant shall contact the Tribal Historic Preservation Officer or the Tribal
Archaeologist at ACBCI-THPO@aguacaliente.net to determine their
requirements, if any, associated with grading or other construction. The applicant
is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist
as early as possible. If required, it is the responsibility of the applicant to coordinate
scheduling of Tribal monitors during grading or other construction, and to arrange
payment of any required fees associated with Tribal monitoring.
ENG 8. In accordance with an approved PM-10 Dust Control Plan, temporary dust control
perimeter fencing shall be installed. Fencing shall have screening that is tan in
color; green screening will not be allowed. Temporary dust control perimeter
fencing shall be installed after issuance of Grading Permit, and immediately prior
to commencement of grading operations.
ENG 9. Temporary dust control perimeter fence screening shall be appropriately
maintained, as required by the City Engineer. Cuts (vents) made into the perimeter
fence screening shall not be allowed. Perimeter fencing shall be adequately
anchored into the ground to resist wind loading.
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Case Nos. Case #AR 2024-0076 – 2398 City View Drive (Lot 54)
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ENG 10. Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed areas on -
site shall be permanently stabilized, in accordance with Palm Springs Municipal
Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter
fencing shall be removed, as required by the City Engineer.
ENG 11. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h),
the applicant shall post with the City a cash bond of eight hundred dollars ($800)
(if there is disturbance of 5,000 square feet or more) at the time of issuance of
grading permit for mitigation measures for erosion/blowsand relating to this
property and development.
ENG 12. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the grading
plan for the proposed development. A copy of the Geotechnical/Soils Report shall
be submitted to the Engineering Services Department with the first submittal of a
grading plan.
ENG 13. The applicant shall provide all necessary geotechnical/soils inspections and
testing in accordance with the Geotechnical/Soils Report prepared for the project.
All backfill, compaction, and other earthwork shown on the approved grading plan
shall be certified by a California registered geotechnical or civil engineer, certifying
that all grading was performed in accordance with the Geotechnical/Soils Report
prepared for the project. Documentation of all compaction and other soils testing
are to be provided even though there may not be a grading plan for the project.
Prior to issuance of Building Permits.
ENG 14. The applicant shall provide Grading Certification for all building (or structure)
pads in conformance with the approved grading plan to the Engineering Services
Department for review and approval prior to issuance of Building Permits.
ENG 15. Prior to issuance of any permit for ground disturbance activities, the applicant
shall provide verification to the City that applicable fees have been paid to the Agua
Caliente Band of Cahuilla Indians in accordance with the Tribal Habitat
Conservation Plan (THCP).
ENG 16. In cooperation with the California Agricultural Commissioner and the California
Department of Food and Agriculture Red Imported Fire Ant Project, applicants for
grading permits involving a grading plan and involving the export of soil will be
required to present a clearance document from a Department of Food and
Agriculture representative in the form of an approved “Notification of Intent To
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Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties” (Revised - RIFA Form CA-1) prior to approval of the Grading
Plan (if required). The California Department of Food and Agriculture office is
located at 6819 East Gage Avenue, Commerce, CA 90040 (Phone (760) 782 -
3271, (562) 505-6415), Sonia.Oran@cdfa.ca.gov.
WATER QUALITY MANAGEMENT PLAN
ENG 17. This project shall be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP’s) included as part of the NPDES Permit issued for the Whitewater
River Region from the Colorado River Basin Regional Water Quality Control Board
(RWQCB). The applicant is advised that installation of BMP’s, including
mechanical or other means for pre- treating contaminated stormwater and non-
stormwater runoff, shall be required.
ENG 18. A Final Project-Specific Water Quality Management Plan (WQMP) shall be
submitted to and approved by the City Engineer prior to issuance of a grading or
building permit. The WQMP shall address the implementation of operational Best
Management Practices (BMP’s) necessary to accommodate nuisance water and
storm water runoff from the site. Direct release of nuisance water to the adjacent
property (or public streets) is prohibited. Construction of operational BMP’s shall
be incorporated into the Precise Grading and Paving Plan.
ENG 19. Prior to issuance of any grading or building permits, the property owner shall
record a “Covenant and Agreement” with the County -Clerk Recorder or other
instrument on a standardized form to inform future property owners of the
requirement to implement and maintain the approved Final Project-Specific Water
Quality Management Plan (WQMP). Other alternative instruments for requiring
implementation of the approved Final Project-Specific WQMP include: requiring
the implementation of the Final Project-Specific WQMP in Home Owners
Association or Property Owner Association Covenants, Conditions, and
Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance
Districts, Assessment Districts or Community Service Areas responsible for
implementing the Final Project-Specific WQMP; or equivalent. Alternative
instruments must be approved by the City Engineer prior to issuance of any
grading or building permits.
DRAINAGE
ENG 20. In accordance with Chapter 92.21.1.05 “Design Standards” of the Palm Springs
Zoning Code, development of the site shall preserve existing drainage patterns,
natural streams and local watershed boundaries.
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ENG 21. All stormwater runoff passing through the site shall be accepted and conveyed
across the property in a manner acceptable to the City Engineer. For all stormwater
runoff falling on the site, on-site retention or other facilities approved by the City
Engineer shall be required to contain the increased stormwater runoff generated
by the development of the property, as described in the Preliminary Hydrology
Report for TTM35540, prepared by MSA Consulting, Inc., dated July 1, 2009 (or
as may be amended). Final retention basin sizing and other stormwater runoff
mitigation measures shall be determined upon review and approval of the
hydrology study by the City Engineer and may require redesign or changes to site
configuration or layout consistent with the findings of the final hydrology study.
ENG 22. This project will be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP’s) included as part of the NPDES Permit issued for the Whitewater
River Region from the Colorado River Basin Regional Water Quality Control Board
(RWQCB). The applicant is advised that installation of BMP’s, including
mechanical or other means for pre-treating stormwater runoff, will be required by
regulations imposed by the RWQCB. It shall be the applicant’s responsibility to
design and install appropriate BMP’s, in accordance with the NPDES Permit, that
effectively intercept and pre-treat stormwater runoff from the project site, prior to
release to the City’s municipal separate storm sewer system (“MS4”), to the
satisfaction of the City Engineer and the RWQCB. Such measures shall be
designed and installed on-site; and provisions for perpetual maintenance of the
measures shall be provided to the satisfaction of the City Engineer.
ENG 23. The project is subject to flood control and drainage implementation fees.
The drainage fee at the present time is $7,746.89 per acre per Resolution No.
15189.
GENERAL
ENG 24. Any utility trenches or other excavations of off -site streets required by the
proposed development shall be backfilled and repaired in accordance with City of
Palm Springs Standard Drawing No. 115. The developer shall be responsible for
removing, replacing, or repairing any existing off-site streets as required by and at
the discretion of the City Engineer, including additional pavement repairs to
pavement repairs made by utility companies for utilities installed for the benefit of
the proposed development (i.e. Desert Water Agency, Southern California Edison,
Southern California Gas Company, Time Warner, Frontier, etc.). Multiple
excavations, trenches, and other street cuts within existing structural sections of
off-site streets required by the proposed development may require complete
removal and replacement of the streets structural section of the affected off -site
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streets, at the discretion of the City Engineer. The pavement condition of the
existing off-site streets shall be returned to a condition equal to or better than
existed prior to construction of the proposed development.
ENG 25. All proposed utility lines shall be installed underground.
ENG 26. All existing utilities shall be shown on the improvement plans required for
the project. The existing and proposed service laterals shall be shown from the
main line to the property line.
ENG 27. Upon approval of any improvement plan by the City Engineer, the improvement
plan shall be provided to the City in digital format, consisting o f a DWG (AutoCAD
drawing file) and PDF (Adobe Acrobat) formats. Variation of the type and format
of the digital data to be submitted to the City may be authorized, upon prior
approval of the City Engineer.
ENG 28. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing “as - built”
information and returned to the Engineering Division prior to issuance of final
approvals. Any modifications or changes to approved improvement plans shall be
submitted to the City Engineer for approval prior to construction.
ENG 29. Nothing shall be constructed or planted in the corner cut -off area of any
intersection or driveway which does or will exceed the height required to maintain
an appropriate sight distance per City of Palm Springs Zoning Code Section
93.02.00, D.
TRAFFIC
ENG 30. Construction signing, lighting and barricading shall be provided during all phases
of construction as required by City Standards or as directed by the City Engineer.
As a minimum, all construction signing, lighting and barricading shall be in
accordance with Part 6 “Temporary Traffic Control” of the California Manual on
Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or
subsequent editions in force at the time of construction.
ENG 31. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
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FIRE DEPARTMENT CONDITIONS
FID 1. These Fire Department conditions may not provide all requirements.
Owner/developer is responsible for all applicable state and locally adopted fire
codes. Detailed plans are still required for review. Conditions are subject to
final plan check and review.
FID 2. Fire Department Conditions were based on the 2019 California Fire Code as
adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD
Appendix “T” Development Requirements. This building will require fire
sprinklers.
FID 3. Conditions of Approval – “Conditions of Approval” received from the Palm
Springs Planning Department must be submitted with each plan set. Failure to
submit will result in a delay of plan approval.
FID 4. Plans and Permits (CFC 105.1):
Permits and scaled drawings are required for this project. Plan reviews can
take up to 20 working days. Submit a minimum of three (3) sets of drawings for
review. Upon approval, the Fire Prevention Bureau will retain one set.
Plans shall be submitted to:
City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM – 6:00 PM, Monday – Thursday
A deposit for Plan Check and Inspection Fees is required at the time of Plan
Submittal. These fees are established by Resolution of the Palm Springs City
Council.
Complete listings and manufacturer’s technical data sheets for all system
materials shall be included with plan submittals. All system materials shall be
UL listed or FM approved for fire protection service and approved by the Fire
Prevention Bureau prior to installation.
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Plans shall include all necessary engineering features, including all hydraulic
reference nodes, pipe lengths and pipe diameters as required by the
appropriate codes and standards. Plans and supporting data, (calculations
and manufacturers technical data sheets) including fire flow data, shall be
submitted with each plan submittal. Complete and accurate legends for all
symbols and abbreviations shall be provided on the plans.
FID 5. Chater 7A: Since the proposed residence is in our City’s very high fire area,
architect must design structure 7A.
FID 6. Private Fire Hydrants: Additional private hydrants may be required.
FID 7. NFPA 13D Fire Sprinklers Required: An automatic fire sprinkler system is
required. Only a C-16 licensed fire sprinkler contractor shall perform system
design and installation. System to be designed and installed in accordance
with NFPA standard 13D, 2016 Editions, as modified by local ordinance.
FID 8. Residential Smoke Alarms Required: Shall be interconnected so that
operation of any smoke alarm or fire sprinkler flow switch causes all smoke
alarms within the dwelling & guest house to sound and activate the exterior
horn/strobe
END OF CONDITIONS