HomeMy WebLinkAboutPC Resolution _6063- Case 3.2978RESOLUTION NO. 6063
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA FOR THE
APPROVAL OF CASE NO. 3.2978 AND 7.1231 (2100
TUSCAN ROAD) — A SFR, ZONE R-1 A, SECTION 3.
WHEREAS, Tuscan Homes LLC ("Applicant") has filed an application with the City
pursuant to Section 94.04.00 of the Zoning Ordinance for a single-family dwelling unit
located at 2100 Tuscan Road, Zone R-1-A, Section 3; and
WHEREAS, on December 21, 2006, the Architectural Advisory Committee met and
voted to recommend approval of the project to the Planning Commission; and
WHEREAS, on February 14, 2007, a public meeting on the application for architectural
approval was held by the Planning Commission in accordance with applicable law; and
WHEREAS, the proposed project is considered a "project" pursuant to the terms of the
California Environmental Quality Act ('CEQA"), and has been determined to be
Categorically Exempt as a Class III exemption (single-family residence) pursuant to
Section 15303(a) of the CEQA Guidelines; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project, including, but not
limited to, the staff report, and all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines,
the project is Categorically Exempt, Class III, per Section 15303(a), new
construction of a single-family residence, or a second dwelling unit in a
residential zone.
Section 2: Pursuant to the requirements of Section 94.04.00(E) and Section
94.06.01(A)(8) of the Palm Springs Zoning Ordinance, in accordance with
the guidelines established in Section 94.04.00(D), the Planning
Commission has reviewed the following:
The only required findings for these projects are for the Administrative Minor
Modifications, Pursuant to Section 94.06.01(A)(8) of the Palm Springs Zoning Code:
1. The requested minor modification is consistent with the General Plan, applicable
Specific Plan(s) and overall objectives of the zoning Ordinance.
General Plan Policy 3.4.4 allows the increase of building height to a maximum of
30' in the L2 designation, there are no Specific Plans associated with this Parcel,
Planning Commission Resolution February 14, 2007
Case 3.2878 Page 2 of 4
and the manner of modification is expressly provided for by Section 94.04.01(8) of
the Palm Springs Zoning Code.
2. The neighboring properties will not be adversely affected as a result of the approval
or conditional approval of the minor modification.
Staff has determined there will be no detrimental effect to the surrounding
properties as the structure makes use of a multi -level pad placing the proposed
residence into the hillside without impact to the scenic corridor. There is no second
floor to this proposed project, and the homes are less than the maximum height of
30 feet. The Architectural Review process provides for review of the architectural
character of the dwelling to insure it is of high quality.
3. The approval or conditional approval of the minor modification will not be detrimental
to the health, safety, or general welfare of persons residing or working on the site or
in the vicinity.
All construction will be built to the Uniform Building Code, Palm Springs Zoning
Code as modified by this Administrative Minor Modification, and Fire Code.
4. The approval of the minor modification is justified by environmental features, site
conditions, location of existing improvements, or historic development patterns of
the property or neighborhood.
The building height modification is warranted due to topography of the site with its
variegated slopes averaging 11 % or more in accordance with Section
94.06.01(A)(8), which requires approval be based on the finding that such minor
modification will not have detrimental effect upon adjacent properties; which is
covered in finding two above.
ARCHITECTURAL APPROVAL
The Palm Springs Zoning Code Section 94.04.00(D)(1-9) provides guidelines for the
architectural review of development projects to determine that the proposed
development will provide a desirable environment for its occupants as well as being
compatible with the character of adjacent and surrounding developments, and whether
aesthetically it is of good composition, materials, textures and colors. Conformance is
evaluated and based on the following:
1. Site layout, orientation, location of structures and relationship to one another and to
open spaces and topography. Definition of pedestrian and vehicular areas, i.e.,
sidewalks as distinct from parking areas, 0
Planning Commission Resolution
Case 3.2978
February 14, 2007
Page 3 of 4
Each home uses the available topography through multi -level pads and stepping the
structures along the natural contours thus minimizing grading and preserving
natural views providing for natural open spaces for recreation and maximizing
indoor/outdoor uses.
2. Harmonious relationship with existing and proposed adjoining developments and in
the context of the immediate neighborhood community, avoiding both excessive
variety and monotonous repetition, but allowing similarity of style, if warranted,
The surrounding properties are single-family residences. The project creates a
visual harmony within the neighborhood through use of a desert palette and modem
architecture.
3. Maximum height, area, setbacks and overall mass, as well as parts of any structure
(buildings, walls, screens towers or signs) and effective concealment of all
mechanical equipment,
The buildings are proposed on hillside lots with multi -level pads. The building
height increase is designed to allow architectural character of the structure and not
an additional story. The yards meet or exceed minimum requirements and a
masonry wall will conceal any mechanical equipment.
4. Building design, materials and colors to be sympathetic with desert surroundings,
AND
5. Harmony of materials, colors and composition of those elements of a structure,
including overhangs, roofs, and substructures which are visible simultaneously,
AND
6. Consistency of composition and treatment,
The proposed projects are integrated to the topography of the lots. This
configuration uses the available space adequately to balance living space with open
space. Door and window architectural features and overhangs are designed in a
modern style. The proposed color palette is bold and reflects colors found in the
mountains and desert vegetation.
7. Location and type of planting, with regard for desert climate conditions.
Preservation of specimen and landmark trees upon a site, with proper irrigation to
insure maintenance of all plant materials;
The vacant sites contain a scattering of indigenous insignificant plant material.
There are no specimen trees. The landscape design proposes drought tolerant
trees, shrubs and groundcover with a drip irrigation system.
Planning Commission Resolution February 14, 2007
Case 3.2978 Page 4 of 4
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case No. 3.2978 — SFR and 7.1231 AMM.
ADOPTED this le day of February, 2007.
AYES: 6 I Scott/Hutcheson/Marantz/Hochanadel/Cohen/Caffrey
NOES: None
ABSENT: 1 1 Ringlein
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
IXCll JkK1
CITY OF PALM SPRINGS
CONDITIONS OF APPROVAL
CASE 3.2978 -SFR
LOCATION 2100 TUSCAN ROAD
FEBRUARY 14, 2007
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, 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.
PROJECT SPECIFIC CONDITIONS
ADMINISTRATIVE
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other
City Codes, ordinances and resolutions which supplement the zoning district
regulations.
2. 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 3.2978. 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 in 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. 0
3. That the property owner(s) and successors and assignees in interest shall
maintain and repair the improvements including and without limitation 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.
4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an in
lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total
building permit valuation as calculated pursuant to the valuation table in the
Uniform Building Code, the feeing being 1/2% for commercial projects or 1/4%
for residential projects with first $100,000 of total building permit valuation for
individual single-family units exempt. Should the public art be located on the
project site, said location shall be reviewed and approved by the Director of
Planning and Zoning and the Public Arts Commission, and the property owner
shall enter into a recorded agreement to maintain the art work and protect the
public rights of access and viewing.
5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government
Code Section 66477 (Quimby Act), all residential development shall be required
to contribute to mitigate park and recreation impacts such that, prior to issuance
of residential building permits, a parkland fee or dedication shall be made.
Accordingly, all residential development shall be subject to parkland dedication
requirements and/or park improvement fees. The parkland mitigation amount
shall be based upon the cost to acquire and fully improve parkland.
6. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required.
This project has a de minimus impact on fish and wildlife, and a Certificate of Fee
Exemption shall be completed by the City and two copies filed with the County
Clerk. This application shall not be final until such fee is paid and the Certificate
of Fee Exemption is filed. Fee shall in the form of a money order or cashier's
check payable to Riverside County.
Cultural Resources
7. Prior to any ground disturbing activity, including clearing and grubbing,
installation of utilities, and/or any construction related excavation, an
Archaeologist qualified according to the Secretary of the Interior's Standards and
Guidelines, shall be employed to survey the area for the presence of cultural
resources identifiable on the ground surface.
8. A Native American Monitor shall be present during all ground -disturbing
activities.
a. Experience has shown that there is always a possibility of buried cultural
resources in a project area. Given that, a Native American Monitor(s)
shall be present during all ground disturbing activities including clearing
and grubbing, excavation, burial of utilities, planting of rooted plants, etc.
Contact the Agua Caliente Band of Cahuiila Indian Cultural Office for
additional information on the use and availability of Cultural Resource
Monitors. Should buried cultural deposits be encountered, the Monitor
shall contact the Director of Planning Services and after the consultation
the Director shall have the authority to halt destructive construction and
shall notify a Qualified Archaeologist to investigate and, if necessary, the
Qualified Archaeologist shall prepare a treatment plan for submission to
the State Historic Preservation Officer and Agua Caliente Cultural
Resource Coordinator for approval.
b. Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site recordstupdates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning and Zoning Department prior to final inspection.
FINAL DESIGN
9. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning Services prior to issuance
of a building permit. Landscape plans shall be approved by the Riverside County
Agricultural Commissioner's Office prior to submittal.
GENERAL CONDITIONS/CODE REQUIREMENTS
10. Commencement of use or construction under this Architectural Approval shall be
within two (2) years from the effective date of approval. Extensions of time may
be granted by the Planning Commission upon demonstration of good cause.
11. The appeal period for Case No. 3.2978, an Architectural Approval application is
15 calendar days from the date of project approval. Permits will not be issued
until the appeal period has concluded.
12. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application for Final Landscape
Document Package to the Director of Planning and Zoning for review and
approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the
Municipal Code for specific requirements. 0
13. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan
shall be submitted and approved by the Building Official. Refer to Chapter 8.50
of the Municipal Code for specific requirements.
14. The grading plan shall show the disposition of all cut and fill materials. Limits of
site disturbance shall be shown and all disturbed areas shall be fully restored or
landscaped.
15. All materials on the flat portions of the roof shall be earth tone in color.
16. No exterior downspouts shall be permitted on any facade on the proposed
building(s) which are visible from adjacent streets or residential and commercial
areas.
17. The design, height, texture and color of building(s), fences and walls shall be
submitted for review and approval prior to issuance of building permits.
18. The street address numbering/lettering shall not exceed eight inches in height.
19. Submit plans meeting City standard for approval on the proposed trash and
recyclable materials enclosure prior to issuance of a building permit.
20. Details of pool fencing (material and color) and equipment area shall be
submitted with final landscape plan.
21. No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems.
22. No outside storage of any kind shall be permitted except as approved as a part of
the proposed plan.
23. Prior to the issuance of building permits, locations of all telephone and electrical
boxes must be indicated on the building plans and must be completely screened
and located in the interior of the building. Electrical transformers must be located
toward the interior of the project maintaining a sufficient distance from the
frontage(s) of the project. Said transformer(s) must be adequately and
decoratively screened.
POLICE DEPARTMENT
24. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
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BUILDING DEPARTMENT
25. Prior to any construction on -site, all appropriate permits must be secured.
FIRE
26. Premises Identification: Approved numbers for the address shall be provided for
all new and existing buildings, prior to issuance of a Certificate of Occupancy by
the Building Official. Address numbering must be plainly visible and legible from
the street or road fronting the property. (901.4.4 CFC)
27. Show location of address on plan elevation view.
28. Show requirement and dimensions of numbers in plan notes. Numbers shall be a
minimum 4 inches, and of contrasting color to the background.
29. Fire Apparatus Access Roads/Driveways: Fire department access
roads/driveways shall be provided so that no portion of the exterior wall of the
first floor of any building will be more than 150 feet from such roads. (902.2.1
CFC)
30. Fire Department Access: Fire Department Access Roads shall be provided and
maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC)
31. Minimum Access Road Dimensions: Private streets shall have a minimum width
of at least 20 feet, pursuant to California Fire Code 902.1 however, a greater
width for private streets may be required by the City engineer to address traffic
engineering, parking, and other issues. The Palm Springs Fire Department
requirements for two-way private streets, is a minimum width of 24 feet, unless
otherwise allowed by the City engineer. No parking shall be allowed in either side
of the roadway.
32. Road Design: Tuscan Road will need to meet access requirements. Fire
apparatus access roads shall be designed and constructed as all weather
capable and able to support a fire truck weighing 73,000 pounds GVW.
(902.2.2.2 CFC) The minimum inside turning radius is 30 feet, with an outside
radius of 45 feet.
33. Fire Apparatus Grade requirements: The gradient of fire apparatus access roads
shall not exceed 12%. (902.2.2.6 CFC)
34. Water Supply: The water supply and locationls of fire hydrants shall be approved
prior to any work being performed on the job site. (903.1 CFC)
35. Fire Hydrant Requirements: One fire hydrant shall be available to this project. To
be considered available, the closest hydrant must be within 250 feet of all points 0
on the street fronting the project. (903.4.2 CFC)
36.Operational Fire Hydrant(s): No landscape planting, walls, or fencing is
permitted within 3 feet of fire hydrants, except groundcover plantings. (1001.7.2
CFC)
37. Water Systems and Hydrants: Underground water mains and fire hydrants shall
be installed, completed, tested and in service prior to the time when combustible
materials are delivered to the construction site. (903 CFC). Installation, testing,
and inspection will meet the requirements of NFPA 241995 edition. Prior to final
approval of the installation, contractor shall submit a completed Contractor's
Material and Test Certificate to the Fire Department. (9-2.1 NFPA 241995
edition)
38. Fire Flow: Fire flow has been determined to be 1750 gallons per minute for this
structure if the building does not have fire sprinklers. Applicant must show that
the DWA is able to provide 1750 GPM from the nearest fire hydrant located
within 250' of all combustible construction.
39. Fire Sprinklers Required: An automatic fire sprinkler system shall be required if
water flow from nearest hydrant is below 1750 GPM. 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, 1999 edition, as
modified by local ordinance. The contractor should submit fire sprinkler plans
when the building plans are submitted. This allows concurrent review of the fire
sprinkler and building plans.
40. Fire Flow: Fire flow has been determined to be 1000 Gallons per minute in
conjunction with an approved fire sprinkler system.
41. Residential Smoke Detector Installation: Provide Residential Smoke Detectors.
Detectors shall receive their primary power from the building wiring, and shall be
equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors
shall be interconnected so that operation of any smoke detector causes the
alarm in all smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72)
Provide a note on the plans showing this requirement.
42. Construction site Security and Protection: Fencing Required: Construction site
fencing with 20 foot wide access gates is required for all combustible
construction over 5,000 square feet. Fencing shall remain intact until buildings
are stuccoed or covered and secured with lockable doors and windows.
(8.04.260 PSMC)
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43. Fire Apparatus Access Gates: Entrance gates shall have a clear width of at least
15 feet and be equipped with a frangible chain and padlock. (8.04.260 PSMC)
44.Access Gate Obstructions: Entrances to roads, trails or other access ways,
which have been closed with gates and barriers, shall be maintained clear at all
times. (902.2.4.1 CFC).
ENGINEERING
TUSCAN ROAD (PRIVATE)
45. Construct pavement with a minimum pavement section of 2112 inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, 24 feet in width
along the entire frontage, and within the "hammerhead" turn around as approved
by the Fire Department, in accordance with City of Palm Springs Standard
Drawing No. 110. If an alternative pavement section is proposed, the proposed
pavement section shall be designed by a California registered Geotechnical
Engineer using "R" values from the project site and submitted to the City
Engineer for approval.
46. Dedicate an easement, as appropriate, to accommodate a vehicular turn -around
area (Hammerhead) across a portion of Parcel 3, adjacent to existing private
road and access easement recorded on February 14, 2006, as instrument
number 2006-0107879.
47. Asphalt Concrete paving shall be extended from Via Escuela, within the private
access easement, unless previously constructed by others.
48. Parking shall be restricted on Tuscan Road (Private Street); a 24 feet wide
access lane shall be maintained for emergency access.
SANITARY SEWER
49. All sanitary facilities shall be connected to the public sewer system. The existing
sewer service to the property shall be used for new sanitary facilities.
GRADING
50. Submit cut and fill quantities to City Engineer to determine if a Grading Plan is
required. If required, the Grading Plan shall be submitted to the Engineering
Division for review and approval by the City Engineer prior to issuance of grading
permit. If the earthwork quantity is less than 50 cubic yards, a formal grading plan
is not required. To qualify for the exemption, a signed original written statement
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� of design earthwork quantities from the owner (or design professional, prepared
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on company letterhead) shall be provided to the Engineering Division. Exemption
of a formal Grading Plan reviewed and approved by the City Engineer does not
exempt the applicant from a site grading plan that may be required from the
Building Department, or any other requirement that may be necessary to satisfy
the Uniform Building Code.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division 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" 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 Division 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 www.AQMD.gov. A Fugitive Dust Control Plan, in
conformance with the Coachella Valley Fugitive Dust Control Handbook, 0
shall be submitted to and approved by the Engineering Division prior to
approval of the Grading plan.
b. 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.
51. Prior to approval of a Grading Plan, 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. The applicant shall
contact the Tribal Historic Preservation Officer, Richard Begay (760-883-1940),
or the Tribal Archaeologist, Patty Tuck (760-883-1926), 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.
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52.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 Division with the first submittal of a grading
plan.
53.In cooperation with the Riverside County 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 Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if
required). The California Department of Food and Agriculture office is located at
73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
54. 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. Provide a hydrology study to
determine the volume of increased stormwater runoff due to development of the
site, and to determine required stormwater runoff mitigation measures for the
proposed development. 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.
55. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $ 6511.00 per acre per Resolution
No. 15189. Fees shall be paid prior to issuance of a building permit.
GENERAL
56. Any utility trenches or other excavations within existing asphalt concrete
pavement 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, grinding,
paving and/or overlaying existing asphalt concrete pavement of 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,
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Southern California Edison, Southern California Gas Company, Time Warner,
Verizon, etc.). Multiple excavations, trenches, and other street cuts within
existing asphalt concrete pavement of off -site streets required by the proposed
development may require complete grinding and asphalt concrete overlay of the
affected off -site 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.
57.On phases or elements of construction following initial site grading (e.g., sewer,
storm drain, or other utility work requiring trenching) associated with this project,
the applicant shall be responsible for coordinating the scheduled construction
with the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation
Officer or Tribal Arachaeologist. Unless the project site has previously been
waived from any requirements for Tribal monitoring, it is the applicant's
responsibility to notify the Tribal Historic Preservation Officer, Richard Begay
(760-883-1940), or the Tribal Archaeologist, Patty Tuck (760-883-1926) for any
subsequent phases or elements of construction that might require Tribal
monitoring. If required, it is the responsibility of the applicant to coordinate
scheduling of Tribal monitors during construction, and to arrange payment of any
required fees associated with Tribal monitoring. Tribal monitoring requirements
may extend to off -site construction performed by utility companies on behalf of
the applicant (e.g. utility line extensions in off -site streets), which shall be the
responsibility of the applicant to coordinate and arrange payment of any required
fees for the utility companies.
58. All proposed utility lines shall be installed underground.
59. The record property owner shall enter into a covenant agreeing to underground
all of the existing overhead utilities required by the Municipal Code in the future
upon request of the City of Palm Springs City Engineer at such time as deemed
necessary. The covenant shall be executed and notarized by the property owner
and submitted to the City Engineer prior to issuance of a grading permit. 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. A covenant
preparation fee of $140 shall be paid by the applicant prior to issuance of any
grading or building permits.
60. All existing utilities shall be shown on the improvement plans required for the
protect. The existing and proposed service laterals shall be shown from the main
line to the property line.
61. Upon approval of any improvement plan by the City Engineer, the improvement
plan shall be provided to the City in digital format, consisting of a DWG
(AutoCAD 2004 drawing tile), DXF (AutoCAD ASCII drawing exchange file), and
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PDF (Adobe Acrobat 6.0 or greater) 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.
62. The original improvement plans prepared for the proposed development and
approved by the City Engineer (if required) shall be documented with record
drawing "as -built" information and returned to the Engineering Division prior to
issuance of a final certificate of occupancy. Any modifications or changes to
approved improvement plans shall be submitted to the City Engineer for approval
prior to construction.
63. Contact Whitewater Mutual Water Company to determine impacts to any existing
water lines and other facilities that may be located within the property. Make
appropriate arrangements to protect in place or relocate any existing Whitewater
Mutual Water Company facilities that are impacted by the development. A letter
of approval for relocated or adjusted facilities from Whitewater Mutual Water
Company shall be submitted to the Engineering Division prior to issuance of a
grading permit.
64. Nothing shall be constructed or planted in the corner cut-off area of any 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
65. Construction signing, lighting and barricading shall be provided for on all projects
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 State
of California, Department of Transportation, "Manual of Traffic Controls for
Construction and Maintenance Work Zones" dated 1996, or subsequent
additions in force at the time of construction.
66. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
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