HomeMy WebLinkAboutPC Resolution _6368- Case 3.2938 MAJ 7.1402 AMMRESOLUTION NO.6368
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE NO. 7.1402 AMM AND 3.2938 — MAJ
FOR AN ADMINISTRATIVE MINOR MODIFICATION FOR
AN INCREASE OF THREE FEET IN BUILDING HEIGHT
AND THE CONSTRUCTION OF A NEW HILLSIDE HOUSE
EQUALLING 4,537-SQUARE FEET FOR THE PROPERTY
LOCATED AT 2355 MILO DRIVE, ZONE R-1-13, SECTION
3.
WHEREAS, Michael King ("Applicant') has filed an application with the City pursuant to
Section 94.04.00 of the Zoning Ordinance for the construction of a new hillside house
equaling 4,537-square feet located at 2355 Milo Drive, Zone R-1-B, Section 3; and
WHEREAS, on October 21, 2013, the Architectural Advisory Committee met and voted
to recommend approval of the project to the Planning Commission; and
WHEREAS, on November 13, 2013, 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 proposed project is Categorically Exempt under Section 15303(a) (New Single-
family residence).
Section 2: Pursuant to Section 94.04.00 of the Palm Springs Zoning Code, the
Planning Commission finds:
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,
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Planning Commission Resolution
Case 7.1402 AMM & 3.2938— MAJ
November 13, 2013
Page 2 of 4
The new construction of a 4,537-square foot house and carport will utilize the
existing topography to minimize visual impacts from surrounding properties. The
gentle sloping parcel with the front of the house oriented east sited at the rear of
the property facing Milo Drive will allow the house to integrate into the
surrounding hillside. Other property amenities including infinity edged pool and
patios taking advantage of the parcels natural slope and surrounding landscape.
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 developed with single-family hillside residences.
The project creates visual harmony within the neighborhood, through the use of
a modern contemporary architectural style utilizing building materials that are
complimentary to the hillside landscape and topography.
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 maximum height of the proposed project is 21' feet tall to the top of building
roof line. Pursuant to Section 94,06.01(A)(8) of PSZC, "hillside properties have a
maximum allowable height of 30 feet but require an approval of an Administrative
Minor Modification to increase height". The proposed house roof at 21' feet is
compatible with the heights found in other hillside residences in the immediate
area. The Tuscany Heights development to the west will not be visually
impacted being that the subject lot is at a lower elevation. In addition, all required
R-1-13 setbacks are being met.
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 building materials include steel screens, colored prefabricated
cement panels, colored glass, precision blocks, and steel window and door
systems. The primary house colors will be off-white with accents of modern
colors: burnt orange, olive green, and eggplant; with window and door trims white
with brushed nickel hardware. The proposal includes a front yard pool and six
foot tall concrete panel front wall and detached two car carport.
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Planning Commission Resolution
Case 7.1402 AMM & 3.2938— MAJ
November 13, 2013
Page 3 of 4
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 proposed landscape plan includes preserving eight (8) mature Palo Verde
trees; groupings of agave plants, aloe, grasses and boulder clusters. The
number of plantings between the street edge and front wall has increased to
soften the front east facing elevation. The proposed water -efficient trees and
plants which are located in a manner that conforms to the topography of the site
will be consistent with desert surroundings.
Section 3: Pursuant to Section 94.06.01(4) & (8) of the Palm Springs Zoning Code,
the Planning Commission finds regarding granting an Administrative Minor Modification:
9. 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 there any specific plans associated with this property. The
Palm Springs Zoning Code (PSZC), Section 94.06.01(A)(5) and 94.06.01(A)(8)
specifically allows for the requests.
2. The neighboring properties will not be adversely affected as a result of the
approval or conditional approval of the minor modification,
The request for an increase in building height from eighteen (18) feet to a
maximum of twenty-one (21) feet will not impact surrounding properties. The
request to increase building height by three (3) feet will allow for a flat roof plate
over an interior kitchen area significantly setback from Milo Drive at the rear of
the property. The established building pad elevation is 817.5 feet with the
highest portion of the house at 838 feet. The increase in height will allow for a
better house design and can be considered a minor modification. Residences
on hillside lots are allowed a maximum height of 30 feet and the proposed
height of the project is similar to maximum heights seen in the adjacent
properties.
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 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.
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Planning Commission Resolution
Case 7.1402 AMM & 3.2938— MAJ
November 13, 2013
Page 4 of 4
4. The approval of the minor modification is justified by environmental features, site
conditions, location of existing improvements, or historic development pattems of
the property or neighborhood.
The modifications are warranted due to the location of the proposed single-family
residence on a hillside lot. The proposed new construction will meet R-1-13 zone
established setbacks and Staff has determined the nature of the height increase
request is in harmony with the current standards of the neighborhood, and is in
keeping with historical development patterns of the surrounding area.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case No. 7.1402 AMM and 3.2938 MAJ, subject to the
conditions of approval attached herein as Exhibit A.
ADOPTED this 11th day of November, 2013.
AYES: Commissioner Calerdine, Commissioner Klatchko, Commissioner Lowe,
Commissioner Roberts, Commissioner Weremiuk, Vice -Chair Hudson and
Chair Donenfeld
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
M. Nu a - o Wheeler, AICP
Director of Planning Services
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RESOLUTION NO.
EXHIBIT A
Case 3.2938 MAJ & 7.1404 AMM
King House
2355 Milo Drive
November 13, 2013
CONDITIONS OF APPROVAL
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 Director of
Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on
which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Proiect Description. This approval is for the project described per Case
3.2938 MAJ and 7.1404 AMM, except as modified by the conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans on file in the Planning Division, except as
modified by the conditions below.
ADM 3. Conform to all Codes and Regulations,. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from any claim,
action, or proceeding against the City of Palm Springs or its agents, officers
or employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case 3.2938. 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
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Conditions of Approval
3.2938 MAJ & 7.1404 AMM King House — 2355 Milo Drive
Page 2 of 10
November 13, 2013
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.
ADM 6. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, bikeways, parking areas,
landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto
private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 7. Time Limit on Approval. Approval of this Conditional Use Permit shall be
valid for a period of two (2) years from the effective date of the approval.
Once the use is implemented, the Conditional Use Permit does not have a
time limit, provided the project has remained in compliance with all conditions
of approval.
ADM B. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 9. Cause No Disturbance. The owner shall monitor outdoor parking areas,
walkways, and adjoining properties and shall take all necessary measures to
ensure that customers do not loiter, create noise, litter, or cause any
disturbances while on -site. The owner and operator shall ensure that at
closing time, all customers leave the property promptly and that the property
is clean and secure before the owner/operator leaves the premises. The
Police Chief, based upon complaints and/or other cause, may require on -site
security officers to ensure compliance with all City, State, and Federal laws
and conditions of approval. Failure to comply with these conditions may
result in revocation of this permit, temportiry business closure or criminal
prosecution.
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Resolution No.
Conditions of Approval
3.2938 MAJ & 7.1404 AMM King House — 2355 Milo Drive
Page 3 of 10
November 13, 2013
ADM 10. Grounds for Revocation. Non-compliance with any of the conditions of this
approval or with City codes and ordinances, State laws; any valid citizen
complaints or policing and safety problems (not limited to excessive alcohol
consumption, noise, disturbances, signs, etc) regarding the operation of the
establishment; as determined by the Chief of Police or the Director of Building
and Safety, may result in proceedings to revoke the Conditional Use Permit.
In addition, violations of the City Codes and Ordinances will result in
enforcement actions which may include citations, arrest, temporary business
closure, or revocation of this permit in accordance with law.
ADM 11. Conditional Use Permit Availabili . The applicant shall provide a copy of this
Conditional Use Permit to all buyers and potential buyers.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Roof color to be no lighter than off-white in color.
PLN 2. Recommended conditions by the Architectural Advisory Committee (AAC) as
follows:
1. Add landscaping at street level
2. Pool equipment shall be fully screened
3. Additional landscaping between structure and wall
4. Revise landscape plan per comments
PLN 3. Findings and conditions of approval associated with Administrative Minor
Modification (AMM) Case 7.1404 shall apply.
PLN 4. Water Efficient Landscaping Conformance. The project is subject to the
Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs
Municipal Code and all other water efficient landscape ordinances. The
applicant shall submit a landscape and irrigation plan to the Director of
Planning for review and approval prior to the issuance of a building permit.
Landscape plans shall be wet stamped and approved by the Riverside
County Agricultural Commissioner's Office prior to submittal. Prior to
submittal to the City, landscape plans shall also be certified by the local water
agency that they are in conformance with the water agency's and the State's
Water Efficient Landscape Ordinances.
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Conditions of Approval Page 4 of 10
3.2938 MAJ & 7.1404 AMM King House — 2355 Milo Drive November 13, 2013
ENGINEERING DEPARTMENT CONDITIONS
STREETS
ENG 1. Engineering Division recommends deferral of off -site improvement items (identified
as "Deferred') 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 executed and
notarized by the property owner(s) prior to approval of the Grading Plan or
issuance of grading or building permits. 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 in effect at the time that the
covenant is submitted shall be paid by the applicant prior to issuance of any
grading or building permits.
ENG 2. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
ENG 3. 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. Deferred
MILO DRIVE
ENG 4. Dedicate an easement 2 feet wide along the back of the proposed driveway
approach for sidewalk purposes.
ENG 5. Remove existing street improvements as necessary to construct a driveway
approach in accordance with City of Palm Springs Standard Drawing No. 201.
ENG 6. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210. Deferred
ENG 7. All broken or off grade street improvements along the project frontage shall be
repaired or replaced.
SANITARY SEWER
ENG 8. In accordance with City of Palm Springs Municipal Code 15.14.010, applicant shall
connect new building to a public sewer, unless an exemption is granted by the
Municipal Code, the City Manager, or the City Council. Because the sewer
mainline along the Racquet Club Road centerline, is within 500 feet of the subject
parcel, the applicant shall extend a public sewer mainline in Milo Drive to connect
to the public sewer system.
OR
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Resolution No.
Conditions of Approval
3.2938 MAJ & 7.1404 AMM King House — 2355 Milo Drive
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November 13, 2013
ENG 9. All sanitary facilities shall be connected to the public sewer system existing in
Racquet Club Road along the street centerline. New laterals shall not be
connected at manholes.
ENG 10. Submit sewer improvement plans prepared by a California registered civil engineer
to the Engineering Division. The plan(s) shall be approved by the City Engineer
prior to issuance of any building permits.
ENG 11. Construct an 8 inch V.C.P. sewer main across the entire Milo Drive frontage
located 5 feet from centerline, from Racquet Club Road existing public sewer
system to the subject parcel or as required by the City Engineer. All sewer mains
constructed by the applicant and to become part of the public sewer system shall
be digitally video recorded by the City prior to acceptance of the sewer system for
maintenance by the City. Any defects of the sewer main shall be removed,
replaced, or repaired to the satisfaction of the City Engineer prior to acceptance.
ENG 12. Costs associated with design and construction of the off -site sewer extension may
be reimbursed, pursuant to a Sewer Construction Refund Agreement approved by
the City Council, in accordance with the policies established by Resolution 13773,
and amended by Resolution 15975. Following completion and acceptance of the
off -site sewer extension by the City Engineer, if reimbursement is requested in
writing by the applicant, the applicant shall submit a formal request for preparation
of a Sewer Construction Refund Agreement and a $2,500 deposit for City staff time
associated with the preparation of the Sewer Construction Refund Agreement,
including City Attorney fees. The applicant shall be responsible for payment of all
associated staff time and expenses necessary in the preparation and processing of
the Sewer Construction Refund Agreement with the City Council, and shall submit
additional deposits as necessary when requested by the City, which are included in
the amount that may be reimbursed to the applicant through the Sewer
Construction Refund Agreement. The Sewer Construction Refund Agreement is
subject to the City Council's review and approval at a Public Hearing, and its
approval is not guaranteed nor implied by this condition.
ENG 13. Applicant shall pay a sewer assessment fee of $2,569.84 in accordance with the
terms of the existing Racquet Club Road Sewer Construction Refund Agreement
between the City of Palm Springs and the Pirozzi Family Trust Established
November 30, 1992, Sewer Agreement No. 6253. The fee shall be paid to the City
of Palm Springs prior to issuance of a building permit.
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ENG 14. 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
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Resolution No.
Conditions of Approval
3.2938 MAJ & 7.1404 AMM King House — 2355 Milo Drive
Page 6 of 10
November 13, 2013
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
California Building Code.
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 hltp://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.
ENG 15. Prior to approval of a Grading Plan or issuance of any permit, the applicant shall
obtain written approval to proceed with construction from the Agua Caliente Band
of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. 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.
ENG 16. In accordance with an approved PM-10 Dust Control Plan, temporary dust control
perimeter fencing shall be installed. Fencing shall have screening that is tan in
color; green screening will not be allowed. Temporary dust control perimeter
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Resolution No.
Conditions of Approval
3.2938 MAJ & 7.1404 AM King House — 2355 Milo Drive
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fencing shall be installed after issuance of Grading Permit, and immediately prior to
commencement of grading operations.
ENG 17. Temporary dust control perimeter fence screening shall be appropriately
maintained, as required by the City Engineer. Cuts (vents) made into the perimeter
fence screening shall not be allowed. Perimeter fencing shall be adequately
anchored into the ground to resist wind loading.
ENG 18. Within 10 days of ceasing all construction activity and when construction activities
are not scheduled to occur for at least 30 days, the disturbed areas on -site shall be
permanently stabilized, in accordance with Palm Springs Municipal Code Section
8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be
removed, as required by the City Engineer.
ENG 19, Contact Desert Water Agency at (760) 323-4971 Ext. 146 to determine impacts to
any existing Whitewater Mutual Water Company water lines and other facilities that
may be located within the property if any. Make appropriate arrangements to
protect in place or relocate any facilities that are impacted by the development. A
letter of approval for relocated or adjusted facilities from Desert Water Agency shall
be submitted to the Engineering Division prior to approval of the Grading Plan.
ENG 20. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
ENG 21. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the
applicant shall post with the City a cash bond of two thousand dollars ($2,000.00)
per disturbed acre at the time of issuance of grading permit for mitigation
measures for erosion/blowsand relating to this property and development.
ENG 22. 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 (if
required) or prior to issuance of any permit.
ENG 23. The applicant shall provide all necessary geotechnical/soils inspections and testing
in accordance with the Geotechnical/Soils Report prepared for the project. All
backfill, compaction, and other earthwork shown on the approved grading plan
shall be certified by a California registered geotechnical or civil engineer, certifying
that all grading was performed in accordance with the Geotechnical/Soils Report
prepared for the project. Documentation of all compaction and other soils testing
are to be provided even though there may not be a grading plan for the project. No
certificate of occupancy will be issued until the required certification is provided to
the City Engineer.
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Resolution No.
Conditions of Approval
3.2938 MAJ & 7.1404 AMM King House — 2355 Milo Drive
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November 13, 2013
ENG 24. The applicant shall provide pad elevation certifications for all building pads in
conformance with the approved grading plan (if required), to the Engineering
Division prior to construction of any building foundation.
ENG 25. 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. The
California Department of Food and Agriculture office is located at 73-710 Fred
Waring Drive, Palm Desert (Phone: 760-776-8208).
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ENG 26. 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.
ENG 27. Direct release of on -site nuisance water or stormwater runoff shall not be permitted
to Milo Drive. Provisions for the interception of nuisance water from entering
adjacent public streets from the project site shall be provided through the use of a
minor storm drain system that collects and conveys nuisance water to landscape
or parkway areas, and in only a stormwater runoff condition, pass runoff directly to
the streets through parkway or under sidewalk drains.
ENG 28. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $6,511.00 per acre in accordance with
Resolution No. 15189. Fees shall be paid prior to issuance of a building permit.
GENERAL
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Resolution No.
Conditions of Approval
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November 13, 2013
ENG 29. 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 condition of the existing off -site
streets shall be returned to a condition equal to or better than existed prior to
construction of the proposed development.
ENG 30. All proposed utility lines shall be installed underground.
ENG 31. All existing utilities shall be shown on the improvement plans if required for the
project. The existing and proposed service laterals shall be shown from the main
line to the property line.
ENG 32. Upon approval of any improvement plan (if required) 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 by the City Engineer,
ENG 33. 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.
ENG 34. 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.
ENG 35. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed in
accordance with City of Palm Springs Standard Drawing No. 904.
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Conditions of Approval
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November 13, 2013
ENG 36. This property is subject to the Coachella Valley Multiple Species Habitat
Conservation Plan Local Development Mitigation fee (CVMSHCP-LDMF). The
LDMF shall be paid prior to issuance of Building Permit.
TRAFFIC
ENG 37. A minimum of 48 inches of clearance for accessibility shall be provided on public
sidewalks or pedestrian paths of travel within the development. Minimum clearance
on public sidewalks (or pedestrian paths of travel) shall be provided by either an
additional dedication of a sidewalk easement (if necessary) and widening of the
sidewalk, or by the relocation of any obstructions within the public sidewalk along
the Milo Drive frontage of the subject property. Deferred
ENG 38. Construction signing, lighting and barricading shall be provided during all phases of
construction as required by City Standards or as directed by the City Engineer. As
a minimum, all construction signing, lighting and barricading shall be in accordance
with Part 6 "Temporary Traffic Control" of the California Manual on Uniform Traffic
Control Devices for Streets and Highways, dated January 13, 2012, or subsequent
editions in force at the time of construction.
ENG 39. This property is subject to the Transportation Uniform Mitigation Fee which shall be
paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
FD 1. Prior to any construction on -site, all appropriate permits must be secured.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on -site, all appropriate permits must be secured.
END OF CONDITIONS
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