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HomeMy WebLinkAbout20205 - RESOLUTIONS - 10/17/2001 RESOLUTION NO. 20205 ' OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING OF TENTATIVE TRACT MAP 27680, SUBJECT TO THE CONDITIONS CONTAINED IN EXHIBIT A, TO SUBDIVIDE 7.2 ACRES INTO NINE SINGLE FAMILY RESIDENTIAL LOTS, LOCATED AT THE SOUTHWEST CORNER OF VISTA CHINO AND VIA MONTE VISTA, R-I-A ZONE, SECTION 10, WHEREAS, The Palm Mountain Company, (the "Applicant") has filed an application with the City pursuant to Section 9402.00 of the Zoning Code and the Palm Springs Municipal Code Section 9.60 for a Tentative Tract Map to subdivide 7.2 acres into 9 single family residential lots, at the southwest corner of Vista Chino and Via Monte Vista (the "Project"), R-I-A Zone, Section 10; and WHEREAS, the Applicant has filed Tentative Tract Map 27680 with the City and has paid the required filing fees; and WHEREAS, said Tentative Tract Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments and requirements; and ' WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Tentative Tract Map 27680 was given in accordance with applicable law; and WHEREAS,the proposed Subdivision,Tentative Tract Map 27680, is considered a"project" pursuant to the terms of the California Environmental Quality Act("CEQA"), and a Negative Declaration has been prepared for this project, has been distributed for public review and comment in accordance with CEQA and was approved by the City Council in 1994; and WHEREAS, on September 26,2001, a public hearing on the application for Tentative Tract Map 27680 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission 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, all environmental data including the initial study, the proposed Negative Declaration and all written and oral testimony presented; and WHEREAS, the Planning Commission voted to recommend that the City Council approve the proposed project, subject to the conditions of approval; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Tentative Tract Map 27680 was given in accordance with applicable law; and WHEREAS, on October 17,2001, a public hearing on the application for Tentative Tract Map 27680 was held by the City Council in accordance with applicable law; and /a & R20205 Paget WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the effect of the proposed Subdivision, Tentative Tract Map 27680, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and ' environmental resources; the approval of the proposed Subdivision represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police powers to protect the public health, safety, and welfare; and WHEREAS, the City Council 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, all environmental data including the initial study,the proposed Negative Declaration and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: Thefinal Negative Declaration was completed in compliance with CEQA,the State CEQA Guidelines, and the City's CEQA procedures contained in the City's CEQA Guidelines. The City Council finds that it has previously and independently reviewed and considered the information contained in the Negative Declaration and finds that it adequately discusses the significant environmental effects of the proposed Project, and that, on the basis of the initial study and comments received during the public review process, there is no substantial evidence that there will be any significant adverse environmental effects as a result of the approval of this Project. The City Council further finds that the existing Negative Declaration reflects its independent judgment. Section 2: Pursuant to Government Code Section 66473.5, the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, policies and general land uses and programs provided in the City's General Plan and any applicable specific plan; and Section 3: Pursuant to Government Code Section 65567, the Council finds that the proposed subdivision and the provisions for its design and improvements are compatible with the objectives, policies and general land use provided in the City's local open space plan; and Section 4: Pursuant to Government Code Section 66474, the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The proposed map is consistent with the applicable general and specific plans. b. The design or improvements of the proposed subdivision are consistent with the General Plan. C. The site is physically suitable for the type of development contemplated by the proposed subdivision. The remainder lot will be merged into an existing parcel through the lot line adjustment procedure. 171 R20205 Page 3 d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. ' e. The design of the subdivision or improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f. The design of the subdivision or improvements is not likely to cause serious public health problems. Drainage proposed under this plan does not vary from the earlier map approval in 1993. g, The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. h. Pursuant to Fish&Game Code Section 711.4, this project has a de minimus impact on fish and wildlife, i. A nexus and rough proportionality have been established, for the requirement of the dedication of the additional right- of-way to the City and the off-site improvements as related to this tentative tract map application. j. This right-of-way dedications and off-site improvements related to this tentative tract map application are required to comply with the City of Palm Springs General Plan designations for Via Monte Vista. Section 5: Pursuant to Government Code Section 66474.6, the City Council ' determined that the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board; and 1�3 R20205 Page 4 NOW, THEREFORE, BE IT RESOLVED that, the City Council approves Tentative Tract Map 27680 subject to those conditions set forth in the in Exhibit A on file in the City Clerks office, which are to be satisfied prior to the issuance of a Building Permit unless other specified. , ADOPTED this 171h day of October, 2001. AYES: Members Hodges, Jones, Oden, Reller—Spurgin and Mayor Kleindienst NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager r/ REVIEWED AND APPROVED AS TO FORM �/ R20205 Page 5 RESOLUTION NO. 20205 EXHIBIT A ' Tentative Tract Map 27680 - Southwest corner of Vista Chino/Via Monte Vista October 17, 2001 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, the Chief of Police, or the Fire Chief, ortheir 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: The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. ' The street, storm drain, and sewer plans have been submitted, reviewed and approved by_ the City Engineer. STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. 2. Developer shall enter into an easement agreement for right of ingress and egress over the private streets, Coronado Avenue and Rose Avenue, for Lots 4 and 5 on Tract Map 27680 prior to approval of the Final Map. 3. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. 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. B. All agreements and improvement plans approved by City Engineer, applicable. C. Proof of processing dedications of right-of-way, easements, encroachment ' agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. / �e � R20205 Page 6 VIA MONTE VISTA 4. Dedicate a full half street right-of-way of 30 feet along) the entire frontage of the ' subject property in accordance with City of Palm Springs Standard Drawing No. 105. 5. Construct a 6 inch curb and gutter, 20 feet WEST of centerline along the entire frontage, with 35 foot radius curb returns at the INTERSECTION OF LOT B AND VIA MONTE VISTA per City of Palm Springs Standard Drawing No. 200. Meet and match existing curb and gutter at south property line. 6. Construct an end of curb section at the north property line per City of Palm Springs Standard Drawing No. 200. 7. Construct a 6 foot wide cross gutter and spandrel at the intersection of VIA MONTE VISTA and LOT B with a flow line parallel to the centerline of VIA MONTE VISTA in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 8. Eliminated. 9. Eliminated. 10. Construct 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 centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using"R"values, by a licensed Soils , Engineer and submitted to the City Engineer for approval. 11. Install post mounted reflector units at north property line across end of pavement per City of Palm Springs Standard Drawing No. 605. LOT B (Private Street) 12A. IF a gated entry will be constructed on Lot B, the following requirements for a gated entry shall be met to provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project: A. Provide a minimum curb cut of 60 feet B. Provide a minimum 50 foot setback to the access gate control mechanism C. Provide a turnaround after the mechanism for vehicles unable to enter the project D. Security gates shall be a minimum of 14 feet clear width in each direction. E. Provide a minimum back of curb to back of curb dimension of 37 feet. 12B. IF a gated entry will not be constructed on Lot B, the Developer shall provide and install a traffic sign meeting the City Engineer's approval indicating Lot B is a "Private Street". 12C. The median within Lot B shall be relocated outside of public right-of-way. / a. �. R20205 Page 7 13. Construct a 6 inch curb and gutter, 18 feet on both sides of centerline of centerline along the entire frontage, with a 35 foot radius curb return at the NORTHWEST AND SOUTHWEST corners of the INTERSECTION OF VIA MONTE VISTA AND ' LOT B per City of Palm Springs Standard Drawing No. 200. 14. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 10 feet. 15, The on-site cul-de-sac shall be constructed in accordance with City of Palm Springs Standard Drawing No. 101, curb portion only. The hammerhead off of Coronado Avenue shall be shown on the street improvement plan for review and approval by the City Engineer. 16. Construct a minimum pavement section of 2-1/2 asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to edge of proposed gutter along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 300. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 17. The private street shall be maintained by the homeowner's association and said maintenance shall be covered in the C C & R's for this tract. SANITARY SEWER 18. Submit sewer improvement plans prepared by a Registered Civil Engineer to the ' Engineering Department. 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: A. Copy of signed Conditions of Approval from Planning Department, B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements,etc. required by these conditions. C. Sewer Study/Report, IF required by these conditions. 19. Deeveloper shall construct an 8 inch sewer main across the entire Via Monte Vista frontage in accordance with the Master Plan of Sewers and connect to the existing sewer system at the intersection of Stevens Road and Via Monte Vista. 20 Developer shall construct an 8 inch sewer main 5 feet from centerline, where applicable, in Lot B and connect to the proposed manhole at the intersection of Via Monte Vista and Lot B. 21. All sewer mains constructed by the developer and to become part of the City sewer system shall be televised by the developer prior to acceptance of said lines. ' 22. All sewer mains constructed by the developer in the private street shall be maintained by the homeowner's association and said maintenance shall be covered in the C C & R's for this tract. R20205 Page 8 GRADING 23. 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. 24. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department. The PM 10 (dust control) Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan. 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 Planning Department comments regarding the grading plan. B. Copy of signed Conditions of Approval from Planning Department. 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. F. Copy of Hydrology Study/Report, IF required by these conditions. ' G. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board(Phone No.916 657-0687)to the City Engineer prior to issuance of the grading permit. 25. 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. 26. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916)-657-0687) and provide a copy of same, when executed, to the City Engineer prior Ito issuance of the grading permit. 27. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 28. 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 Department along with plans,calculations and other information subject ' to approval by the City Engineer prior to the issuance of the grading permit. 29. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. /tee g R20205 Page 9 30. 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 an engineered grading plan and the export of native soil from the site 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) or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) DRAINAGE 31. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. On-site retention/detention or other measures approved by the City Engineer shall be required if off-site facilities are determined to be unable to handle the increased flows generated by the development of the site. Provide calculations to determine if the developed Q exceeds the capacity of the approved drainage carriers. 32. Off-site drainage from the north and Coronado Avenue, shall be routed via the storm drain line in the storm drain easement to Lot B. 33. The project is subject to flood control and drainage implementation fees. The acreage 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 34. 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. 35. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 36. 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 Department prior to issuance of the certificate of occupancy. 37. All existing utility lines along Via Monte Vista and proposed utility lines that are less than 35 kV on/or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Department 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. R20205 Page 10 38. The overhead poles along the south property line of 1'he tract also being the common property line with single family residences fronting on Stevens Road West shall be deferred to a utility undergrounding covenant. The owner shall enter into a covenant agreeing to underground the existing ' overhead facilities on/or adjacent to the south property line that are less than 35 kV in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be consummated and submitted to the Engineering Department prior to issuance of a grading permit. An updated title report or a copy of the current tax bill shall be provided to verify ownership. 39. The developer is advised to contact all utility purveyors fordetailed requirements for this project at the earliest possible date. 40. The developershall take every precaution needed to"PrOteCt-in-Place"any existing Whitewater Mutual Water Company water line(s) that may traverse his project. 41. 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 Standard Drawing No. 203. 42. 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 per City of Palm Springs Engineering specifications. MAP ,43. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Department, 44. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made prior to issuance of grading or building permits. TRAFFIC 45. 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 VIA MONTE VISTA AND LOT B frontages of the subject property. 46. Street name signs shall be required at each intersection in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 47. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be ' installed per City of Palm Springs Standard Drawing Nos. 620-626 at the following locations: SW Cor. of Via Monte Vista @ Lot B /d2 G/T� R20205 Page 11 48. The developer shall provide entry lighting at the project entry. The lighting equipment shall be furnished by the developer and shall be reviewed and approved ' by the City Engineer and the Director of Planning and Building prior to installation. 49. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent additions in force at the time of construction. 50. This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL SINGLE FAMILY DETACHED ITE Code B land use. POLICE DEPARTMENT: 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE: 2. Construction Requirements: Construction shall be in accordance with the 1998 California Fire Code, 1997 Uniform Building Code, City of Palm Springs Fire Protection Master Plan Vol. ll, Desert Water Agency, NFPA standards plus UL anc ' CSFM listings and approval. 3. Fire Apparatus Access: Fire Department access roads shall be provided and maintained in accordance with the 1998 California Fire Code, Article 9. 4. Turning Radius of Fire Apparatus: The outside turning radius of a fire apparatus access road shall be 43' from the centerline. Inside turning radius shall be 30'. 5. Fencing Required: Construction site fencing required. Fire apparatus access gates shall be at least 14' in width and equipped with a frangible chain and padlock. 6. Site Protection: Provide a water hose or hoses equipped with adjustable spray nozzles for construction site fire protection that covers all area of combustible construction. 7. Gate Locking Devices: Subdivision entry gate at Camino Monte Vista shall be equipped with a KNOX key switch per the 1998 California Fire Code. 8. Water Supplies and Fire Hydrants: All water supplies and fire hydrants shall be installed in accordance with the 1998 California Fire Code,Article 9,Appendix III-B and Desert Water Agency specifications. 9. Water System and Fire Hydrants: Where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants or ' standpipes, or combination thereof, located as directed by this as authority having jurisdiction, but not later than the time when combustible materials are delivered to the construction site. R20205 Page 12 10. Mandatory Fire Sprinklers: Automatic fire sprinklers with 24 our monitoring is required in accordance with City of Palms Springs Fire Protection Master Plan Vol. ll. Installation shall be in accordance with NFPA 13 D (modified). 11. Submittal: Fire sprinkler plans shall be approved prior to the installation of any pipe. ' C-16 Fire Sprinkler Contractor shall submits plans directly to this office. 12. Smoke Detector Requirements: Residential smoke detectors shall be installed to protect all sleeping areas per 1998 California Building Code. 13. Further Comments: As conditions warrant. BUILDING DEPARTMENT: ,14. Prior to any construction on-site, all appropriate permits must be secured. PLANNING: 15. 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, 16. 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 advisory agencies, or legislative body concerning Tentative Tract Map 27680. The City of Palm Springs will promptly notify the applicant of any such claim, action„ or proceeding against the City of Palm Springs and will cooperate fully in the defense. 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. 17, The project is located in an area defined as having an impact on fish and wildlife as defined in Section 7114 of the Fish and Game Code; therefore a filing fee of $1,250.00 plus an administration fee of-$78.00 shall be:submitted by the applicant in a form of a money order or a cashier's check in the amount of$1,328.00 payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with Notice of Determination. 18. That prior to issuance of a grading permit, a restoration program shall be submitted for approval by the Director of Planning and Building, This program shall include full vegetation and soil restoration of all areas disturbed during project grading and construction. The plan shall be prepared by a licensed Landscape Architect. Irrigation shall be provided during the initial restoration periods. 19. That grading of individual lots shall be prohibited until such time that building permits are issued for single family residences and provided documentation demonstrating the grading is within the scope of the environmental assessment completed in 1994 is provided. R20205 Page 13 20. Prior to final map approval, the applicant shall submit a comprehensive set of codes, covenants, and restrictions ("CC&R's") to the Director of Planning and ' Building with the application for Final Map for approval in a form approved by the City Attorney, to be recorded prior to the issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances and conditions stated herein. CC&R's shall include project design guidelines, including but not limited to landscape requirements,slope restoration, building height standards, walls, building materials, multi- level homes conforming to existing topography. The applicant shall reimburse the City for all legal costs associated with City Attorney review and approval of project CC&R's. 21. That detailed entry gate plans if proposed shall be submitted pursuant to Section 9404.00 of the Zoning ordinance. Plans shall be submitted to and approved by the Director of Planning & Building and City Engineer prior to submission of the final map for approval, 22. 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, 23. 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. ' 24. 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 a fee. The provision of art or the fee shall be based upon the total value of work of 1/2% (commercial) or 1/4% (residential with first$100,000 of total valuation for individual single-family units exempt). Should the fee be utilized to locate the public art on the project site, said location shall be reviewed and approved by the Director of Planning and Building and the Public Arts Commission. 25. 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, 26. A maximum roof elevation of 678 feet shall be recorded on the deed of Lot 4. 27. A maximum roof elevation of 682 feet shall be recorded on the deed of lot 5. 28. Eliminated. 29. Eliminated. 1 /� l l3