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HomeMy WebLinkAboutThe Canyons at Bighorn-Proceed w-Further DvlpmntREQUEST: SUBMITTED BY: CONTRACTOR: DATE: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT FIND THAT FURTHER DEVELOPMENT OF LOTS IN THE CANYONS AT BIGHORN CAN PROCEED WITHOUT FURTHER DRAINAGE ANALYSIS Mark Greenwood, P.E., Director of Public Works Bighorn Development, LLC 255 Palowet Drive Palm Desert, CA 92260 October 24, 2013 CONTENTS: Letter Dated October 2, 2013, from Bighorn Development, LLC Recommendation By Minute Motion, find that further development of lots in The Canyons at Bighorn can proceed without further drainage analysis. Backaround The Canyons at Bighorn development was approved in 1997 through Vesting Tentative Tract Map No. 25296. As was typical at that time, the approval contained the condition of approval that the incremental increase in storm runoff be contained on site. Project engineers and proponents who were involved in the initial design of the development indicate that it was actually designed and built to the higher current day standard of full retention of all runoff from developed areas. As a result of the recent significant storms in the Bighorn area, and our recently revised runoff standards, staff attempted to verify storm water compliance on several currently proposed homes. It was discovered that the underlying hydrology studies are not in our records, nor do any of the project engineers have this data. This does not allow staff to definitively assure compliance. However, The Canyons at Bighorn has a 15-year history of successful development. The project weathered the recent storms in an acceptable manner, with only superficial damage. Since the recent storms are thought to have equaled the design storm, it can be inferred that the drainage system is adequate for the project as it has developed. Staff Report Bighorn Drainage Determination Page 2 of 2 October 24, 2013 damage. Since the recent storms are thought to have equaled the design storm, it can be inferred that the drainage system is adequate for the project as it has developed. Bighorn Development has objected to the imposition of the current full retention standard even though they believe that the project meets this standard. Their objection is based on the protections offered by the vesting map approval. The vesting map essentially locks development rights and responsibilities to those in place at the time of approval. Since the conditions required retention of the differential storm runoff, not the full runoff, they argue that the differential standard applies. They further argue that the acceptable performance of the drainage design during the design storm supports their belief that the drainage system is adequate and proper. The City Attorney as evaluated Bighorn's position and concurs with them. It is the opinion of staff that the acceptable performance of the existing drainage system during the design storm, coupled with the protections of the vesting map, indicate that the remaining homesites should be allowed to proceed without further drainage analysis. Of course, it remains the responsibility of each project engineer to ensure that their design protect from flooding. Fiscal Analvsis There is no fiscal impact associated with this action. Depart e Mark G e:nwood, P.E. Direct. o Public Works Approval: J.hfi M. Wohlmuth, City Manager G/bl CITY COUNCILAC�.F' ION APPROVED DENIED RECEIVED OTHER MEETING DAT I t (2 f � AYES: �Sf1Yl i2t Cf, IC�i)/1PJ, l cJIXY, £ Ha'nik NOES' /\f(r12 �J ABSENT: AkY1 ABSTAIN:.1�� VERIFIED BY: Original on File with City(JC Jerk's Office G.IPub Works\Staff Reports1201310ctober 24101 Drainage at The Canyons at Bighorn\SR Drainage at Canyons at Bighorn.doc BIGHORN October 2, 2013 David J. Erwin, Esq. Best Best & Krieger 74-760 Highway 111, Suite 200 Indian Wells, CA 92210 Dear Dave: As you are aware, development of Canyons side of BIGHORN was approved by vesting tentative tract map in July of 1997. Since that time eleven final tract maps and phases of development have been completed and over 130 homes have been built. The approvals were all based on BIGHORN satisfying the City's requirement for drainage containment. In fact, the project was designed for 100% retention of storm waters from a 100-year event; a higher standard than required at the time of original approvals. The most recent storm event was determined by the Coachella Valley Water District to be of a severity of a 150-year to 200-year event. All of BIGHORN'S storm water containment systems worked consistent with the design and handled this event of significantly greater magnitude than the 100-year event. In 2012 the City passed Ordinance #1247 that changed the requirements for storm water containment. As a result of its passage and the potential enforcement of its requirements, individual homesite owners at BIGHORN would be asked to bear the burden of proving 100% retention of storm waters either offsite or on their individual homesite. The cost and time to satisfy this requirement is significant and places on these homesite owners an inequitable burden of delay and expense that all residents who have already constructed their residences over the past 16 years did not have to bear. This would require the remaining unbuilt-on homesite owners to bear the cost of proving 100% retention of storm waters for the project on a homesite-by-homesite basis. This would be a redundant exercise from the approvals of storm water containment and retention that were done over 16 years ago. BIGHORN requests, based on the foregoing, that the City makes a finding that BIGHORN is not subject to the requirements of the new ordinance. We believe this is an equitable means of addressing the dilemma of individual property owners and City staff who have the responsibility of reviewing residential plans for approval. The City's consideration and action on this request is greatly appreciated. Sincerely, Carl T. Cardinalli BIGHORN DEVELOPMENT, LLC 255 PALOWET DRIVE, PALM DESERT, CALIFORNIA, 92260 U S A $ 760 341-4653 Fax 760 776-7125