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C441FO9 City Council Staff Report
Date: March 1, 2017 CONSENT CALENDAR
Subject: APPROVAL OF A SEWER CONNECTION EXEMPTION FOR THE
PROPERTY LOCATED AT 2225 LEONARD ROAD IN ACCORDANCE
WITH TITLE 15 OF THE PALM SPRINGS MUNICIPAL CODE
From: David H. Ready, City Manager
Initiated by: Engineering Services Department
SUMMARY
The requested action will approve an exemption to the requirement to connect to the
public sewer system for the residential property located at 2225 Leonard Road in
accordance with Chapter 15.14.010 of the Palm Springs Municipal Code. This property
is an existing single family residential property previously permitted with an on-site
septic system. The property was recently permitted by the City for an expansion and
remodel, and the City included in its approvals an obligation for the property owner to
obtain an exemption to connect to the sewer and execute a Sewer Covenant.
RECOMMENDATION:
Approve an exemption to the requirement to connect to the public sewer system for the
property located at 2225 Leonard Road, in accordance with Chapter 15.14.010 of the
Palm Springs Municipal Code, and Resolution No. 20650 — subject to a requirement to
execute a Sewer Covenant obligating connection to the public sewer when available in
the future.
STAFF ANALYSIS:
In accordance with Section 15.14.010 "Sewers Required for New Construction," of the
Palm Springs Municipal Code (PSMC), a requirement that no person shall construct a
building without connecting such building to a public sewer, unless an exemption is
granted by the City Manager or City Council. The code PSMC 15.14.010 (b)(2) states:
An exemption may be granted by the city manager in any case where the development
involves a single-family dwelling on a lot of record and the distance from the lot line to
the public sewer is greater than five hundred feet. Although such an exemption is
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City Council Staff Report
March 1, 2017- Page 2
Sewer Connection Exemption -2225 Leonard Road
granted, the maximum residential connection fee shall be paid prior to the issuance of a
building permit. At the time of eventual connection of a dwelling given initial exemption
under the terms of this subsection, any portion of the maximum residential connection
fee that has been paid which is found to exceed the sewer connection fee schedule of
charges currently applicable at the time to residences shall be refundable.
A location map is provided below and a Vicinity Map is included as Attachment 1.
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LOCATION MAP —2225 LEONARD ROAD
The nearest public sewer is located at Via Escuela, approximately 300 feet southeast of
the property; none of the residential properties in the Little Tuscany neighborhood
located west of Via Monte Vista are connected to the public sewer except for the
properties immediately adjacent to Racquet Club Road, and the new Tuscany Heights
subdivision.
PSMC 15.14.010(b)(3) provides for an exemption to the requirement to connect to the
public sewer, and states:
An exemption may be granted by the city council in any case (in the sole judgment of
the council) where unusual topographical or other terrain conditions exist which make
the connection to the public sewer impractical, unreasonable, unfeasible or impose
extreme economic hardship upon the property owner if he is required to connect such
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City Council Staff Report
March 1, 2017- Page 3
Sewer Connection Exemption -2225 Leonard Road
building to the public sewer system. It shall be the responsibility of the applicant for such
exemption to provide to the city council such data or proof as the council deems
necessary, including but not limited to engineering cost estimates and feasibility reports,
to substantiate any such application.
The property owner has requested relief from the obligation to connect to the public
sewer on the basis of the cost to extend a new sewer main in Leonard Road from Via
Escuela; a copy of the request for exemption and cost estimate is included as
Attachment 2.
To clarify an "economic hardship," on July 2, 2003, the City Council adopted Resolution
No. 20650 re-establishing guidelines for the exemption of residential properties from
connection to the public sewer system pursuant to Chapter 15.14 of the PSMC, and
implementing adjustments to the prior exemptions to exceeding $4,776 for on-site
sewer connections, or exceeding $7,960 for off-site sewer extensions, with annual
adjustments in accordance with the Engineering News Record Construction Cost Index.
Currently, to quality for an "economic hardship" exemption, costs must exceed $6,304
for on-site sewer connections, or $10,507 for off-site sewer extensions. A copy of
Resolution No. 20650 is included as Attachment 3. The owner has obtained an
independent cost estimate of $82,301.00 as the total cost to connect to the public sewer
system, which exceeds the current amount to qualify for an "economic hardship."
Therefore, pursuant to City Council policy established by Resolution No. 20650 in
implementing the exemption authorized by Chapter 15.14.010 of the PSMC, the City
Council may grant an exemption to the requirement to connect to the public sewer
system for the property located at 2225 Leonard Road. Staff is recommending that as a
condition of granting the exemption, the property owner be required to execute a Sewer
Covenant obligating the property to connect to the public sewer when it is directly
available to the property.
Approval of the sewer exemption will allow the property owner to maintain the on-site
private septic system in lieu of connecting to the public sewer.
ENVIRONMENTAL IMPACT:
The requested City Council action is not a 'Project' as defined by the California
Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a `Project' means the
whole of an action, which has a potential for resulting in either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the
environment. According to Section 15378(b), a Project does not include: (5)
Organizational or administrative activities of governments that will not result in direct or
indirect physical changes in the environment.
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City Council Staff Report
March 1, 2017- Page 4
Sewer Connection Exemption - 2225 Leonard Road
FISCAL IMPACT:
There is no fiscal impact associated with this requested action.
SUBMITTED
Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, Esq., P
Assistant City Manager/City Engineer City Manager
ATTACHMENTS:
1. Vicinity Map
2. Request Letter and Construction Cost Estimate
3. Resolution No. 20650
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Attachment 1
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Attachment 2
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DOMINION
P A R T N E R S
February e, 2017
RE:2225 N. Leonard Rd.
To Whom it May Concern,
Please consider our formal request for exemption from constructing and extending an 8"sewer main to
the subject property based on cost, per Municipal Code 15.14.010.
Attached are estimates to show the cost of construction,which would be too great for this project.
Thank you.
Sincerely,
Nicholas Brunson
General Manager
Dominion Partners, LLC
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PROPOSAL
Ili Star COntracttng II, Inc. -* "We dig the Coachella Valley"
15-501 LITTLE MORONGO ROAD Proposal Date: 28-Oct46
DESERT NOTSPRINGSCA 92240 Date of plans:
Bus:(760)2SI-5454 Fax:(760)251-54S8
License Number:909195(A) Proposal number 161016
Proposal Submitted to: Randy Barnett Job Name: Sewer
Address: Address: 2225 Leonard Road
Palm Springs CA
Phone: 760-218-5700 Contact
_ Fax: mndy@bametfarchitects.com Contact cell ku: _
We hereby submit an estimate for equipment,labor&material to install VCP sewer per plan:
Construct 8"VCP B'deep 380 LF
Construct 4"Lateral 1 FA
48"Manhole 2 FA
Rebuild Existing Manhole 1 FA
Due to the rocky nature of the area a 2'sand envelope is included
Per existing street lines the Water Districts fence is in the right-of-way and will need to be moved before construction
Note: Leonard Road is scheduled to be re-paved early next year,if the street is paved the price will increase to R&R the asphalt
Proposal is based on verbal information and will be updated when plans are available
Exclusions(unless listed above):state,city and utility pennts,inspedicm.fees.boning,water.water meter,engineering,surveying,tests,
traffic control,drainage in areas of less than 1%grade. Contractor is under no duty to 8westigate the pro)ect site,analyze,compare andfor
correct the plans and speeficatens. TdStar is not responsible for undisclosed site conditions Including utilliles,rocks,pipes,or septic tanks.
Work necessary as a result of these unknown condbbns are Me owns responsibility and t additional work Is necessary as a result,
such work will be billed as an extra.Owner/contractor Is advised to obtain their own soils engineer&compaction tests.
TOTAL PROPOSAL: $ 82,301.00
All auma me doe sod payshle ss shied A y unpaid ama b,a kart"atft roe or(2x1 per Payment is to be made as follows:Due upon completion
mcntlrbornf aftlessdawnado. ymyinsfsanentpsymerd ire oereuMerbpaw due,
orif auyerd'spuas em ems dmge 1wrewrder Td-Starmay slop xw/r. THIS PROPOSAL IS VALID FOR 30 DAYS
Respectfully 4Zpd
Submitted: 'lo'"
Rodney Owens,Estimator
n ors
Any aaefabon or devlptron from above spapflCabons including any such alterations or deviabons involving additional material andfor labor cost will be executed only
upon wittan order for same signed try Owner and 7nSter,and if there is any charge for such alteration or deviation,the additional charge will be added to this Contract.
If payment is not made wnerh due,Trr-Star may suspend work on the Job until such time as all payments due have been made. A failure to make payments from the
due date shall be domed a breach of this Contract
In addition the following general provisions apply:
t. AV work shall be completed in a workman4ike manner and in compliance whin all building codes and other applicable laws.
2 To the exlenl mqused by law all work shelf be pedonned by individuals duty:icensed and authorized to perform said work.
3 Tri-Star may at its discretion engage skdxanuecars to perform work hereunder.provided Tn•Sfar shell bully pay said sub-conaacar and in all instances remain
responsible for the proper completion of this Contract.
4 TriSty shall kumish Owner appromm releases or wavers of fen for all work preformed or materials provided at the time the next periodic payment shall be due.
5 All charge orders shall be in vir"and signed both by Owner and Tri-Star.and shall be incorporated gin,and become a pad of this Contract
B In the event Owner shal fail to pay any periodic or installment payment due hereunder.Tri-Star mey cease work wimW breach of pending payment or resolution
of my d,aputs
7 Al dispulse hereunder shall be resolved by binding arbili ion in accordance with the n/es of the American Arbitration Association. The arbitration venue shhell be
in Patin Desert Califamia The pievel.rng party shad be entitled to all arbitration and court costa,as well as reasonable attorneys foes.
e Tri-Star"I not be liable for any decay due to circumstances beyond its axud.indudog but not limfted to acts by Owner and/or contractors,eta M God,weather.
govenmuntal aWlonly ar litigation. It shall also acknowledge dug"changes in the pans and specifications made by the Owner as well as the contactor,
agorae,architects,a gYlass,or govalNnent agency wtiich will extend m charge the some of work may be charged as an extra Older this Contract.
9. TriSter warrants all work for a period of 12 months following compaabon.
The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to
do the work as specified. Payment will be made as outlined above. It Is understood and agreed that this work Is
not provided for in any other agreement and no contractual rights arise until this proposal Is accepted In writing.
Acceptance Date
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Attachment 3
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RESOLUTION NO. 20650
' A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF
PALM SPRINGS, CALIFORNIA, REPEALING
RESOLUTION 15188 AND RE-ESTABLISHING
GUIDELINES FOR THE EXEMPTION OF RESIDENTIAL
PROPERTIES FROM CONNECTION TO PUBLIC SEWER
PURSUANTTO CHAPTER 15.14 OFTHE PALM SPRINGS
MUNICIPAL CODE.
WHEREAS, the City Council of the City of Palm Springs, California, by Resolution No.
11248 adopted November 20, 1974. established a policy requiring all then existing
buildings and all buildings to be built thereafter, if such buildings contained plumbing, to
be connected to public sewers; and
WHEREAS, said resolution refers to an ordinance of the City Implementing such policy,
such ordinance being Ordinance No. 982, adopting Chapter 15.14 of the Palm Springs
Municipal Code; and
WHEREAS, said Chapter 15.14 of the Palm Springs Municipal Code contains certain
provisions for exemption from such connection to public sewer, and
WHEREAS, the City Council of the City of Palm Springs, California, had previously
adopted by Resolution, guidelines to regulate the granting of said exemptions; and
WHEREAS,the City Council of the City of Palm Springs,Calforrmia,now desires to adopt
by Resolution,guidelines to regulate the granting of exemptions pursuant to said Chapter
15.14 of the Palm Springs Municipal Code,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs,
California, as follows:
1. Resolution 15188 previously approved on August 15, 1984 is hereby repealed.
2. The general policy stated in Resolution No. 11248, requiring that all existing or
future buildings now or hereafter containing plumbing be connected to the public
sewer system is continued in full force and effect, the purpose of this resolution
being only to establish guidelines for exemptions therefrom.
3. Each of the exemptions stated in Ordinance 982, Including without limitation the
exemptions provided in Section 15.14.010 and 15.14.020, introduced
simultaneously with the adoption of said Resolution No. 11248, and thereafter
enacted into law, are continued in full force and effect
4. The condition that"...unusual topographic or other terrain conditions exist which
make the connection to the public sewer Impractical,unreasonable,unfeasible or
Impose extreme economic hardship upon the property owner if he is required to
connect such building to the public sewer system...° is deemed to be met if the
following circumstances shall be found to exist: (3
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Resolution No. 2000
Page 2
a) If the cost of on-site sewer construction and connection,exclusive of sewer
facility fee, shall exceed the sum of $4,776 per dwelling unit or such
greater sum as shall hereafter be determined by resolution of the City
Council; or
b) If the cost of sewer main construction,in the event no sewer main exists in
proximity to said property, shall exceed $7,960 per dwelling unit, or such
greater sum as shall hereafter be determined by resolution of the city
council.
The amounts in "a)" and "b)" above shall be adjusted annually In accordance with the
Engineering News Record Construction Cost Index.
Adopted this Znd day of July 2003.
AYES: Members Mills, Oden, and Mayor Kleindienst
NOES: None
ABSENT: Members `Hodges and Reller-Spurgin
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA ,
By .
City Clerk City Mana�
REVIEWED AND APPROVED
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