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HomeMy WebLinkAboutPC Resolution _6133- Case 3.3141 SFR Time ExtensionRESOLUTION NO. 6133 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING A ONE-YEAR TIME EXTENSION FROM NOVEMBER 28, 2009 TO NOVEMBER 27, 2010 FOR CASE NO. 3.3141 SFR, A PREVIOUSLY ENTITLED DEVELOPMENT FOR A 6,855 SQUARE FOOT HOUSE AT 240 RIDGE MOUNTAIN ROAD, ZONE R-1-A, SECTION 34, APN 513-570-004. WHEREAS, Marshall Ininns Design Group ("Applicant") has filed an application with the City pursuant to Chapter 94.04.0(H) of the Palm Springs Zoning Code for a one-year time extension to Case No. 3.3141 — SFR for the development of a 6,855 square foot house -,and, WHEREAS, on April 28, 2010, a public meeting on the application was held by the Planning Commission in accordance with applicable law approving a one-year time extension; and, WHEREAS, the proposed case 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 153403(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; and, NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves a one-year time extension from November 28, 2009 to November 27, 2010 for Case No. 3.3141 — SFR, and adopts the attached Revised Conditions of Approval. ADOPTED this 28" day of April 2010. AYES: 4, Munger, Hudson, Conrad and Chair Cohen NOES: None. ABSENT: 3, Scott, Donenfeld and Vice Chair Caffery ABSTAIN: None. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA RESOLUTION NO. 6133 EXHIBIT A CITY OF PALM SPRINGS REVISED CONDITIONS OF APPROVAL CASE NO. 3.3141 SFR 240 RIDGE MOUNTAIN DRIVE APRIL 28, 2010 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. 0 PROJECT SPECIFIC CONDITIONS: 1. An approval of an Administrative Minor Modification (AMM) to allow increase in maximum height pursuant to Section 94.06.01(A)(8) is required before the issuance of a building permit. 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 No. 3.3141 — SFR 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 Planning Commission Resolution No. 6133 Case 3.3141 SFR Time Extension April 28, 2010 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. Planning Commission Resolution No. 6133 Case 3.3141 SFR Time Extension April 28, 2010 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. b. Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site recordslupdates 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 8. 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 9. 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. 10. The appeal period for a Major Architectural Application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 11.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 3 Planning Commission Resolution No. 6133 Case 3.�141 SFR Time Extension April 28, 2010 issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 12. 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. 13.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. 14.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 shall 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. 4 Planning Commission Resolution No. 6133 April 28, 2010 Case 3.3141 SFR Time Extension ENGINEERING DEPARTMENT RIDGE MOUNTAIN DRIVE 1. Construct a driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. 2. All broken or off grade street improvements shall be repaired or replaced. SANITARY SEWER 3. 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. 4. The project is subject to a sewer assessment fee of $146.19 for construction of the 15" sewer main in Avenida Granada, Calle Palo Fierro and Laverne Way. The fee shall be paid prior to issuance of the building permit. GRADING 5. Submit out 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 Planning Commission Resolution No. 6133 Case 3.3141 SFR Time Extension April 28, 2010 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 has 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. 6. 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, , or the Tribal Archaeologist, at (760) 699-6800, 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. A In accordance with an approved PM-10 Dust Control Plan erimeter fencing shall be installed. Fencing shall have screening that is tan in colorgreen screening will not be allowed. Perimeter fencing shall be installed after issuance of Gradino Permit and immediately prior to commencement of -grading operations. 6B 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 adequatev anchored into the around to resist wind loading. r 6 Planning Commission Resolution No. 6133 Case 3.3141 SFR Time Extension April 28, 2010 6C 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. 6D Prior to issuance of arading permit,the applicant shall provide verification to the City that the fee has been paid to the Agua Caliente Band of Cahuilla Indians in accordance with the Tribal Habitat Conservation Plan THCP . 7. A Geotechnical/Soils Report prepared by a California registered Geotechnicai Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the GeotechnicallSoils Report shall be submitted to the Engineering Division with the first submittal of a grading plan. 7A The applicant shall provide all necessary eotechnicallsoils inspections and testinq in accordance with the GeotechnicallSoils Report prepared for the 0 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 GeotechnicallSoils Report prepared for the project. Documentation of all compaction_ and other soils testing are to be provided. No certificate of occupancy will be issued until the required certification is provided to the City Engineer. 7B The applicant shall orovide pad elevation certifications for all building pads in conformance with the approved grading plan to the Engineering Division prior to construction of any building foundation. 8. The soils report prepared by Earth Systems Consultants for the Tentative Tract 16495 (dated December18, 1989) shall be incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to prior to the approval of the grading plan. 9. 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, 7 Planning Commission Resolution No. 6133 Case 3.3141 SFR Time Extension April 28, 2010 and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The Califomia Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 10. 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. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On -site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on -site retention. 11. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $ 7271.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 12. 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, 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 8 Planning Commission Resolution No. 6133 Case 3.3141 SFR Time Extension April 28, 2010 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. 13. 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 Archaeologist. 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 Bega {7-60-669-6997); or the Tribal Archaeologist, , at (760) 699-6800, 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. 14. All proposed utility lines shall be installed underground. 15. 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. 16. 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 the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 17. 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. 9 Planning Commission Resolution No. 6133 April 28, 2010 Case 3.3141 SFR Time Extension 18. 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 19. Construction signing, lighting and barricading shall be provided fep-o� PMests-during ail 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 State 9f GalifGFRia, VV9Fk Zones" dated Part 6 "Temporary Traffic Control" of the California Manual on Uniform Traffic Control Devices for Streets and Highways, dated September 26, 2006, or subsequent additieA editions in force at the time of construction. 20. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. FIRE DEPARTMENT 1. Public Safety CFD The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. . 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 10 Planning Commission Resolution No. 6133 Case 3.3141 SFR Time Extension Apr.l 28, 2010 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. 3. Fire Sprinklers Required: An automatic fire sprinkler system is required by local ordinance. 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. 4. Residential Smoke Detector Installation with Fire Sprinklers: Provide 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. 5. 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) 6. Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. This will include clearance from vegetation and trees. (902.2.2.1 CFC) 7. Gate Locking Devices: Locked gate(s) shall be equipped with a Knox key switch device or Key box. Boxes shall be mounted at 6 feet above grade. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 8. Access Gates: Fire/Police/Ambulance access gates shall be at least 14' in width when in the open position and equipped with a Knox (emergency access) key switch. A Knox key operated switch shall be installed at every automatic gate. Show location of switch on plan. Show requirement in plan notes. 9. 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 24 1995 edition. Prior to final Planning Commission Resolution No. 6133 Case 3.3141 SFR Time Extension April 28, 2010 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) 10.0perational Fire Hydrant(s): Operational fire hydrant(s) shall be installed within 250 feet of all combustible construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except groundcover plantings. (1001.7.2 CFC) 11. Fuel Modification: A landscaping plan showing a fuel modification zone is to be submitted to this department for approval. 12. Fire Flow: Fire flow will be 1,125 gallons per minute with fire sprinklers. CONSTRUCTION SITE SECURITY AND PROTECTION: 13. 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) 14. 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) 15.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). POLICE DEPARTMENT Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT Prior to any construction on -site, all appropriate permits must be secured. END OF CONDITIONS Ee MW