HomeMy WebLinkAbout19176 - RESOLUTIONS - 1/7/1998 RESOLUTION NO. 19176
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
I' CALIFORNIA, WAIVING THE JOINT PUBLIC MEETING
REQUIREMENTS FOR AN INDIAN LAND APPEAL 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 application for a single-family residence proposed at 755 Saturnino 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 were approved, it would allow single
family residential development; and
WHEREAS, the City Council considered the application at a duly noticed meeting held
on December 3, 1997; and
WHEREAS, the City Council denied the application since the Zoning Ordinance currently
does not permit this use in the R-4 Zone; and
WHEREAS, the applicant has filed an appeal to the Tribal Council of the City Council
denial; and
WHEREAS, the City/Tribal Land Use Agreement requires a joint City/Tribal Council
hearing prior to the rendering of a decision by the Tribal Council; and
WHEREAS, the City Council has considered a request to waive the required joint public
meeting requirements of the Indian land appeal; and
WHEREAS, the City Council finds that if this project is appealed to the Indian Tribal
Council, the Council endorses the attached conditions of approval to ensure good site
and architectural design as well as future right-of-way improvements; and
WHEREAS, the applicant, Mr. Chormicle, has indicated that the conditions of approval
adopted by the City Council are acceptable.
Q
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NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs,
California, after considering the evidence provided at the meeting does hereby waive the 38.1
joint public meeting requirement for an Indian land appeal on City Council denial of an
architectural approval application for a single family residence at 755 Saturnino Road.
The City Council hereby adopts the attached conditions of approval to ensure good site
and architectural design as well as future right-of-way improvements.
ADOPTED this 7th day of January 1998. '
AYES: Members Barnes, Hodges, Oder, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
AT ST: CI OF PALIN SP �ALIFORNIA
City Clerk City M a A ger
REVIEWED BY:- _�� .�J
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CASE NO. 3.1582-AA
755 SATURNINO ROAD
January 7, 1998
CITY COUNCIL CONDITIONS OF APPROVAL
I' 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
firture 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 Palm 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. 283
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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 centerlime 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 minimum width of 10 feet.
*8. A. Construct a minimum 8 foot wide sidewalk behind the curb along the entire
frontage it 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 Palm 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 fiontage 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 Plamvng; Department for comments
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.
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C. Copy of Site Plan stamped approved and signed by the Planning
Department.
D. Copy of Title Report prepared/updated within past 3 months.
I' 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 all 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
I' drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall
be paid prior to issuance of a building permit.
GENERAL
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 Pahn 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 kV oil/or adjacent to this project
shall be undergrounded. 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 Ilse facility(s) has been paid,
prior to issuance of a grading permit.
All tmdergroundnig 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 Pahn 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
Paha Springs Standard Drawing No. 203.
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23. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk 364
and/or curb shall have City approved deep root barriers installed per City of Palm Springs
Engineering specifications.
TRA + + C
*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/safely
light poles, conduit, pull boxes and all appurtenances located on the SATURNINO 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 TRA � � C CONTROLS TOR
CONSTRUCTION ANL) MAINTI NANCE 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 the zoning district regulations.
28. 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 concerting 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 he indicated on the landscape
plan.
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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 feral 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 Saturruno 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, staggering 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.
I' 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
Ordinance. 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 sheets 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.
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BUILDING DEPARTMENT:
38. Prior to any construction on-site, all appropriate permits must be secured.
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