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HomeMy WebLinkAbout19158 - RESOLUTIONS - 12/3/1997 17K;7' RESOLUTION NO. 19158 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION DENIAL OF CASE 3.1582 FOR AN ARCHITECTURAL. APPROVAL APPLICATION FOR A SINGLE FAMILY ' RESIDENCE LOCATED AT 755 SATURNINO ROAD (INDIAN LAND), R-4 ZONE, SECTION 14. WHEREAS, the applicant, Michael Chormicle (Indian land owner), has submitted an architectural approval application for a single family residence proposed at 755 Satwroino Rd., which is on Indian land, Section 14; and WHEREAS, the proposed single family residence is located in an R-4 (Hotel & Multiple) Zone which does not allow single family residential uses; and WHEREAS, the City is currently reviewing the Section 14 Master Plan which has not yet been approved by the City. If the subject plan was approved, it would allow single family residential development; and WHEREAS, the Planning Commission considered the application at a duly noticed meeting held on November 12, 1997; and WHEREAS, the Planning Commission denied the application since the Zoning Ordinance currently does not permit this use in the R-4 Zone. WHEREAS, the City Council has reviewed all evidence provided including plans and all other written and oral testimony, and agrees with the decision of the Planning Commission. WHEREAS, the City Council finds that the application does not currently comply with the Zoning Ordinance which does not allow single family residential uses in the R-4 Zone. WHEREAS, the City Council finds that if this project is appealed to the Indian Tribal Council, the Council endorses the conditions of approval in the attached resolution to ensure good site and architectural design as well as future right-of-way improvements. Res, No. 19158 �� Page Z NOW THEREFORE BE IT RESOLVED that the City Council of the City of Pahn Springs, California, after considering the evidence provided at the meeting does hereby uphold the Planning Conunission denial of Case 3.1582 for an architectural approval application for a single family residence at 755 Saturnino Rd. If this project is appealed to the Indian 'Tribal Council, the Council endorses the conditions of approval in the attached resolution which are on file in the: City Clerk's office to ensure good site and architectural design as well as future right-of-way improvements. ADOPTED this 3rd day of DecemhPr , 1997. , AYES: Members Barnes, Hodges, Oden, Spurgin and Mayor Kleindienst NOES: None ABSENT: None ATTEST: CITY OF PALM GS, CALIFORNIA City Clerk ! City Manage REVIEWED BY ��- Res. No. 19158 Page 3 CASE NO. 3.1582-AA 755 SATURNINO ROAD DECEMBER 3, 1997 CITY COUNCIL 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 and Building, 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. ENGINEERING: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. * Off-Site Improvements Approved For Deferral By Covenant. (Tribal Council should require deposits and/or written agreement to ensure street improvements are constructed in the future or that sufficient funds are available). STREETS 1. The Engineering Division recommends deferral of off-site improvement ITEMS 4, 5, 7 through 9, 13, and 24 at this time due to lack of full improvements in the immediate area. ' The developer shall enter into a covenant agreeing to construct all mentioned improvements along the entire frontage upon the request of the City of Palm Springs Director of Public Works at such time as deemed necessary. The covenant shall be submitted with the Grading Plan. The Grading Permit will not be issues until completion of the covenant. 2. Any improvements within the street right-of-way require a City of Pahn Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. SATURNINO ROAD 3. A. Dedicate an additional right-of-way of 15 feet to provide the ultimate half street width of 40 feet along the entire frontage of the subject property (Por 58, as shown on the Assessor's Parcel Map) in accordance with City of Palm Springs Standard Drawing No. 105. Or pursuant to Section 14 Master Plan: B. Dedicate an additional right-of-way of 5 feet to provide the ultimate half street width of 30 feet along the entire frontage of the subject property (Por 8, as shown on the Assessor's Parcel Map) in accordance with City of Pahn Springs Standard Drawing No. 105. *4. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. f IT I Res. No. 19158 Page 4 � B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. *5. A. Construct a 6 inch curb and gutter, 32 feet SOUTH of centerline along the entire frontage of the subject property per City of Palm Springs Standard Drawing No. 200. ' Or pursuant to Section 14 Master Plan: B. Construct a 6 inch curb and gutter, 20 feet SOUTH of centerline along the entire frontage of the subject property per City of Palm Springs Standard Drawing No. 200. 6. An interim driveway approach, approved by the City Engineer, shall be constructed from the property line to the existing edge of pavement prior to issuance of the Certificate of Occupancy. *7. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have nuiilmum width of 10 feet. *8. A. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. Or pursuant to Section 14 Master Plan: B. Construct a minimum 5 foot wide sidewalk behind the curb along the entire ' frontage in accordance with City of Pahn Springs Standard Drawing No. 210. *9. Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean sawcut edge of existing pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 325. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 10. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. GRADING 11. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 12. Submit a Grading Plan prepared by a Registered Professional to the Engineering Division for plan check. Grading plan shall be submitted to the Planning Department for continents prior to submittal to the Engineering Division. The Grading Plan shall be approved by the City Engineer prior to issuance of any, grading or building permits. Minimum submittal includes the following: A. Copy of final Planning Department comments. B. Copy of signed Conditions of Approval from Planning Department. Res. No. 19158 Page 5 C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. ' E. Copy of Soils Report, IF required by these conditions. *13. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep - to keep nuisance water from entering the public streets, roadways, or gutters. 14. A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 15. Contact the Building Department to get PM10 requirements prior to request for grading Permit. DRAINAGE 16. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. 17. The project is subject to flood control and drainage implementation fees. The acreage ' drainage fee at the present time is 19,212,00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GE,NE 18. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 19. All existing and proposed utility lines that are less than 35 W on/or adjacent to this project shall be undergrormded. The location and size of the existing overhead facilities shall be provided to the Engineering Division along with written confirmation from the involved utility company(s) that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of a Certificate of Occupancy. 20. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. ' 21. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Division prior to issuance of the certificate of occupancy. 22. 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 Pain Springs Standard Drawing No. 203. Res. No. 19158 Page 6 I) '� 23. 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 toot barriers installed per City of Palm Springs Engineering specifications. TRAFFIC *24. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street ' furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the SATLW4INO ROAD frontage of the subject property. 25. 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 TIRAF11C CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1990, or subsequent additions in force at the time of construction. 26. This property is subject to the Transportation Uniform Mitigation Fee based on the SINGLE FAMILY DETACHED ITE Code B land use. PLANNING: 27. 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 die zoning district regulations. 28. The owner shall defend., indemnify, and hold harmless the City of Palm Sprigs, its agents, officers, and employees from any claim, action, or proceeding against the City of Pahn 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 3.1582. 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 further indemnification hereunder, 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. 29.A. A landscaping and irrigation plan shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. Policy 7.3.1 of the Section 14 ' Master Plan (revised 7/96) encourages the extensive use of drought tolerant plant materials and native plant species Landscape materials shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Location and details of pool fencing and pool equipment shall be indicated on the landscape plan. Res. No. 19158 Page 7 Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 29.B. A street tree program for Saturnino Road, designed in compliance with the Tribal Council's plan of street trees (pursuant to the Section 14 Master Plan), shall be submitted to the Department of Planning and Building for review and approval. 30. Wood framed windows are encouraged in order to complement other proposed exterior wood details; Policy 7.1.2 of the Section 14 Master Plan encourages wood highlights and, Policy 7.1.5 states that "...windows fronting on or visible from public streets should be treated as special design features that are highlighted with treatments such as recessing or special trim." 31. Walls for privacy and for rear and side yard screening are encouraged; the location design, height, texture and color of walls and gates shall be submitted for review and approval by the Director of Planning and Building prior to issuance of building permits. Policy 7.2.5 of the Section 14 Master Plan encourages walls spanning a distance longer than 25 feet to include architectural detailing such as but not limited to columns, staggerhig of the wall, indentations or raised planters. 32. Texture, materials, and colors to be used on the proposed house, fences and walls shall be submitted for review and approval by the Director of Planning and Building prior to issuance of a building permit. 33. Mechanical equipment, including roof mounted equipment, shall be screened from all ' possible vantage points both existing and future per Section 9303.00 of the Zoning Ordnance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the house. The exterior elevations, site plan and/or roof plans of shall indicate the location of all fixtures or equipment to be located on the roof or on the ground. Parapets shall be at least 6" above the equipment for the purpose of screening. 34. Submit Manufacturer specifications for all proposed exterior lighting (including landscape lighting), and indicate locations of proposed lighting on the site plan or landscape plan, for review and approval by the Director of Planning and Building prior to issuance of a building permit. 35. All materials on the flat portions of the roof shall be earth tone in color. 36. 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. 37. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first$100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Building and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing.