HomeMy WebLinkAboutPC Resolution _6080- Case 3.3013 & 7.1235RESOLUTION NO.6080
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA FOR THE
ARCHITECTURAL APPROVAL OF CASE NO. 3.3013 SFR
AND 7.1235 AMM AT 2359 BISNAGA AVENUE, ZONE R-1-
B, SECTION 25.
WHEREAS, Rick Scatterday ("Applicant") has filed an application with the City
pursuant to Section 94.04.00 of the Zoning Ordinance for a single-family dwelling unit
and Section 94.06.01 for an administrative minor modification located at 2359 Bisnaga
Avenue, Zone R-1-13, Section 25; and
WHEREAS, on January 22, 2007, the Architectural Advisory Committee met and voted
to recommend approval of the project to the Planning Commission; and
WHEREAS, on March 28, 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 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) 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:
1. Site layout, orientation, location of structures and relationship to one another and to
open spaces and topography. Defiiniifon of pedestrian and vehicular areas, i.e.,
sidewalks as distinct from parking areas,
Access to the proposed project is designed according to the requirements of the
Uniform Building Code, and within the development standards of the City of
Planning Commission Resolution
Case 3.3013 and 7.1235
March 28, 2007
Page 2 of 4
Palm Springs Zoning Ordinance. A wall encloses the pool and landscaping with
the proposed garage located in the front of the property which allows the
recreation areas the benefit of the solar control of the buildings.
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, or vacant lots. The
project creates a visual harmony within the neighborhood by providing variation
in architecture style and incorporating similar massing and amenities.
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 building is proposed at less then the allowable height at the setback, the
yards meet minimum requirements providing that an AMM application is
approved, and there are no exterior 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 building is roughly rectangular situated on a rhombus -shaped lot. This
configuration uses the available space and improvements 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 muted
and reflects colors found in the mountains and desert vegetation. The use of
lava gray metal siding punctuated by identical window and door treatments show
consistency of composition and treatment.
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 existing site contains a scattering of indigenous shrubbery. The landscape
plan respects its desert conditions as vegetation is restricted to the front yard
and the rest of the yards are open space covered in grey pea gravel. The
project provides drip irrigation.
Planning Commission Resolution
Case 3.3013 and 7.1235
March 28, 2007
Page 3 of 4
Section 3: Pursuant to the requirements of Section 94.06.01(A)(8) of the Palm
Springs Zoning Ordinance, the Planning Commission has reviewed the
following:
ADMINISTRATIVE MINOR MODIFICATION:
Findings can be made in support of granting the proposed administrative minor
modification as follows:
Findings:
1. The requested minor modification is consistent with the General Plan, applicable
Specific Plan(s) and overall objectives of the zoning ordinance.
There is no General Plan Policy that would be adversely affected by this
modification nor are their any specific plans associated with this property. The
Palm Springs Zoning Code, Section 94.06.01(A) (8), specifically allows for
reduction of yards on hillside lots.
2. The neighboring properties will not be adversely affected as a result of the approval
or conditional approval of the minor modification.
There will be no structures built within that setback that will affect neighboring
properties; therefore staff concludes there is no adverse effect to the
surrounding properties.
3. The 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 building and renovations will be built to the Uniform Building Code, and 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 modification is warranted due to its location on a hillside neighborhood with
other substandard lots and as such, front -yard setbacks can be reduced to 10
feet. The nature of the Administrative Minor Modification is specifically
addressed in the Palm Springs Zoning Ordinance. Staff has determined the
nature of the request is in harmony with the current standards of the
neighborhood, and is in Keeping with historical development.
The Planning Commission has determined that the project is in conformance with the
criteria.
Planning Commission Resolution
Case 3.3013 and 7.1235
March 28, 2007
Page 4 of 4
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case No. 3.3013 SFR and 7.1235 AMM, subject to the
conditions of approval attached here in as Exhibit A.
ADOPTED this 2e day of March, 2007.
AYES:
7 1 Hutcheson/Hochanadel/Marantz/Cohen/Ringlein/Caffery/Scott
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
Dirdet6r of Plan6irh Services
CITY OF PALM SPRINGS, CALIFORNIA
N
EXHIBIT A
CITY OF PALM SPRINGS
CONDITIONS OF APPROVAL
CASES 3.3013 SFR AND 7.1235 AMM
LOCATION 2359 BISNAGA ROAD
MARCH 28, 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
1. The applicant shall be required to submit before the approval of the grading plan an
application for an Administrative Minor Modification to increase the maximum allowed
lot coverage from 35 percent to 37.9 percent and to increase the maximum height of
the front -yard wall on the property line from 4.5 feet to 5 feet.
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 Cases 3.3013 and 7.1235. 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.
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. 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.
5. 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
6. 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.
7. 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 Cahuilla 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.
Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates 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
0. 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
0. 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.
0. The appeal period for Case No. 3.3013, 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.
0. 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. 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.
0. 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.
0. All materials on the flat portions of the roof shall be earth tone in color.
15. 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.
16.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.
17.The street address numbering/lettering shall not exceed eight inches in height.
18. Submit plans meeting City standard for approval on the proposed trash and
recyclable materials enclosure prior to issuance of a building permit.
19. Details of pool fencing (material and color) and equipment area shalt be submitted
with final landscape plan.
20. No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems.
21. No outside storage of any kind shall be permitted except as approved as a part of
the proposed plan.
22. 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.
23.The maximum height of the single-family residence shall not exceed 18 feet
including, but limited to chimneys and architectural features.
POLICE DEPARTMENT
24. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT
25. Prior to any construction on -site, all appropriate permits must be secured.
FIRE DEPARTMENT
26. Premises Identification: Approved numbers or addresses shall be provided for all
new and existing buildings in such a position as to be plainly visible and legible from
the street or road fronting the property. (901.4.4 CFC) Show location of address on . O
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plan elevation view. Show requirement and dimensions of numbers in plan notes.
Numbers shall be a minimum 4 inches, and of contrasting color to the background.
27.Turn-Around Requirements: Dead-end fire apparatus access roads in excess of
150 feet in length shall be provided with approved provisions for the turning around
of fire apparatus. (902.2.2.4 CFC) It is estimated that the current length is 400' from
the nearest turnaround and shall require mitigation. The City of Palm Springs has
two approved turn around provisions. One is a cul-de-sac with an outside turning
radius of 45 feet from centerline. The other is a hammerhead turnaround meeting
the Palm Springs Public Works and Engineering Department standard dated 9-4-02.
28.Access: Fire department access roads shall be provided so that no portion of the
exterior wall of the first floor of any building will be more than 150' from such roads.
CFC 902.2.1
29. Road Design: 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)
30. Fire Department Access: Fire Department Access Roads shall be provided and
maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC)
• 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.
31. Water Supply: The water supply and locationls of fire hydrants must be approved
prior to any work being performed on the job site. (903.1 CFC)
32. Fire Hydrant(s): Operational fire hydrant(s) shall be available to this project. To be
considered available, the closest hydrant must be within 200 feet of all points on the
street fronting the project on a dead end street. (903.4.2 CFC) Appendix III-B. The
closest fire hydrant to this property is approximately 400' which is 200' beyond the
allowable distance. Mitigation will require the applicant to install a fire hydrant
within 200' of his property. There is currently an existing 4" water main
running down Bisnaga Avenue.
No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants,
except groundcover plantings. (1001.7.2 CFC)
33. Water Systems and Hydrants: Underground water mains and fire hydrants shall
be installed, completed, tested and in service prior to the time when combustible
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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 24 1995 edition)
0. Fire Hydrant Flow: The re uired fire hydrant flow for this project is 1,000 GPM
with the installation fire sprinklers. The closest fire hydrant for this proposed project
and is only capable of providing a total of 390 GPM. Due to the inadequate fire flow
capability of the closest fire hydrant, the proposed project does not meet the
minimum fire flow requirements as per (CFC 903.2) Appendix III -A including Table
A-III-A-1. Miti ation will require one 1 new hydrant to be installed off of the
six 6 inch water main on the South West corner of Cholla Place and Bisna a.
DWA has indicated that they will then be capable of providing the required fire flow
of 1,000 GPM.
0. Fire Sprinklers Required: Project is beyond a 5-minute response time from closest
fire station. 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, 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. (1003.2.1 CFC)
0. Residential Smoke Detector Installation With Fire Sprinklers: Provide �J
Residential Smoke Detectors (FIREX # 0498 accessory module connected to multi -
station FIREX smoke detectors or equal per dwelling and fire sprinkler flow switch).
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.
0. Fuel Modification: A landscaping plan showing a fuel modification zone is to be
submitted to this department for approval.
ENGINEERING DEPARTMENT
The Engineering Division 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.
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STREETS
0. Engineering Division recommends deferral of off -site improvement items 5, 6 and 8
through 10 at this time due to lack of full improvements in the immediate area. The
owner shall execute a street improvement covenant agreeing to construct all
required street improvements upon the request of the City of Palm Springs City
Engineer at such time as deemed necessary. The covenant shall be submitted with
the Grading Plan, and shall be executed prior to approval of the Grading Plan or
issuance of grading or building permits. A covenant preparation fee of $140 shall be
paid by the applicant prior to issuance of any grading or building permits.
0. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
0. Submit street improvement plans prepared by a registered California civil engineer
to the Engineering Division. The plan(s) shall be approved by the City Engineer prior
to issuance of any building permits.
BISNAGA AVENUE
0. Upon a finding by the Planning Commission that there is no significant impact to the
health, safety and welfare of the residents of the proposed neighborhood, in
accordance with General Plan Policy 7.1.6, a reduced right-of-way width of 40 feet
may be approved.
*44. Dedicate an easement 3 feet wide along the frontage for sidewalk purposes.
*45. Construct a 6 inch curb and gutter, 18 feet west of centerline along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 200.
46. Construct a 6 inch concrete driveway, unless otherwise approved by the City
Engineer, from the property line to clean sawcut edge of pavement.
*47. Construct a driveway approach in accordance with. City of Palm Springs
Standard Drawing No. 201
*48. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
*49. Construct pavement with a minimum pavement section of 2 112 inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to clean sawcut edge of pavement along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 110.
(Additional pavement removal and replacement may be required upon review of
existing pavement cross -sections, and to ensure grade breaks of the pavement
cross-section do not occur within a travel lane.) 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.
50. 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 to
extending along the entire frontage with a "Hammerhead" tum around or similar
configuration approved by the Fire Department in accordance with City of Palm
Springs Standard Drawing No. 110. If the Hammerhead turn around is
constructed by project identified as 2347 Bisnaga Avenue, Assessor's Parcel
Number 510-241-015; then it will not be required for subject property. 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.
51. Construct 2 inch asphalt concrete pavement over compacted native subgrade or
install appropriate landscaping and ground cover to provide adequate dust
control measures, meeting the approval of the Director of Planning Services and
City Engineer, from edge of pavement to property line along the entire frontage,
excluding approved driveway locations.
52. All broken or off grade street improvements shall be repaired or replaced.
SANITARY SEWER
53. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
GRADING
54. 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
of design earthwork quantities from the owner (or design professional, prepared
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, 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.
55. 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.
56. 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.
G:
57. 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
58. All stormwater runoff across the property shall be accepted and conveyed in a
manner acceptable to the City Engineer and released to an approved drainage
system. Stormwater runoff may not be released directly to the adjacent streets
without first intercepting and treating with approved Best Management Practices
(BMP's).
59. 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.
60. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $ 7522.00 per acre per Resolution
No. 15189. Fees shall be paid prior to issuance of a building permit.
GENERAL
61. 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.
62. 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.
63. All proposed utility lines shall be installed underground.
64. 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.
65. 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.
66. 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 file), DXF (AutoCAD ASCII drawing exchange file), and
PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of
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the digital data to be submitted to the City may be authorized, upon prior
approval of the City Engineer.
67. 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.
68. 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
69. A minimum of 48 inches of clearance for handicap accessibility shall be provided
on public sidewalks or pedestrian paths of travel within the development.
Minimum clearance on public sidewalks shall be provided by widening of the
sidewalk, or by the relocation of any obstructions within the public sidewalk along
the frontage of the subject property.
70. 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.
71. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
*Off Site Improvements Approved For Deferral By Covenant
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