HomeMy WebLinkAboutA7001 - GRIT DEVELOPEMENT LLCLM;
CityPalmof Springs
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3200 E.Tahquitz Canyon Way • Palm Springs, California 92262
Tel: (760)323-8299 • Fax: (760)323.8207 • Web:www.palmspringsca.gov
4 IFORN P
August 22, 2019
Ted Collins
Underwriting Account Manager Surety
Liberty Mutual Insurance/Developers Surety and Indemnity Company
16875 W. Bernardo Dr., Suite 270
San Diego, CA 92127
RE: Subdivision Improvement Agreement Bonds Nos. 893918S & 893917S, Boulders,
Palm Springs (APNos. 504-150-011 through 504-150-055)
Dear Mr. Collins:
As you know, the City of Palm Springs currently holds subdivision bonds, posted by Grit
Development, LLC for the Boulders subdivision. Grit intends to convey the above-referenced Boulders
property to the City, per City Council action item 4.A, approved on Tuesday, July 24, 2019. The City has
released the subdivision improvement bonds back to Grit.
No work was performed under the subdivision improvement agreement. Since the City
will be acquiring title to the Boulders property, the bonds are considered by the City as being
exonerated, effective as of August 22, 2019.
Sincerely,
David Ready, Esq., Ph.D.
City Manager
City of Palm Spring
cc: Jeffrey S. Ballinger, City Attorney
Diane C. Blasdel, Esq.
Post Office Box 2743 • Palm Springs, California 92263-2743
RECORDING REQUESTED BY:
CITY OF PALM SPRINGS
AND WHEN RECORDED MAIL TO:
City of Palm Springs
P. O. Box 2743
Palm Springs, CA 92263
Attn: Office of the City Clerk
SPACE ABOVE FOR RECORDER ONLY
Filing fee EXEMPT per Government Code 6103
SUBDIVISION IMPROVEMENT AGREEMENT
Grit Development, LLC
and
The City of Palm Springs, California
THIS AREA FOR
RECORDER ' S
USE ONLY
TABLE OF CONTENTS
1. Construction Obligations............... ............................................. ........................1
1.1 Works of Improvement ...............................................................................1
1.2 Other Obligations Referenced in Conditions of
Tentative Map Approval..............................................................................2
1.3 Intent of Plans ............................................................................................2
1.4 Survey Monuments ....................................................................................2
1.5 Performance of Work .................................................................................2
1.6 Changes in the Work..................................................................................2
1.7 Defective Work..........................................................................3
1.8 No Warranty by City ................................... ...............................................3
1.9 Authority of the City Engineer.....................................................................3
1.10 Documents Available at the Site.................................................................3
1.11 Inspection.............................................................. ....................................3
1.12 Compliance with Law .................................................................................4
1.13 Suspension of Work ...................................................................................4
1.14 Final Acceptance of Works of Improvement...............................................4
2. Time for Performance ............................................................................. 4
2.1 Commencement and Completion Dates.....................................................4
2.2 Phasing Requirements...............................................................................5
2.3 Force Majeure .................................................... .......................................5
2.4 Continuous Work........................................................................................5
2.5 Reversion to Acreage.................................................................................5
2.6 Time of the Essence...................................................................................6
3.Labor................................................................................................... 6
3.1 Labor Standards.........................................................................................6
3.2 Nondiscrimination...............................................................................6
3.3 Licensed Contractors .................................................................................6
3.4 Workers' Compensation .............................................................................6
4. Security.................................................................................................................6
4.1 Required Security.......................................................................................6
4.2 Form of Security Instruments .....................................................................7
4.3 Subdivider's Liability...................................................................................8
4.4 Letters of Credit..........................................................................................8
4.5 Release of Security Instruments...........-....................................................9
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5. Cost of Construction and Provision of Inspection
Service..................................................................................................................9
5.1 Subdivider Responsible for All Related Costs of
Construction ...............................................................................................9
5.2 Payment to City for Cost of Related Inspection
and Engineering Services.........................................................................10
6. Acceptance of Offers of Dedication.....................................................................10
7. Warranty of Work................................................................................................10
8. Default.................................................................................................................10
8.1 Remedies Not Exclusive...........................................................................10
8.2 City Right to Perform Work.......................................................................10
8.3 Attorney's Fees and Costs .......................................................................11
9. Indemnity ............................................................................................................11
10 General Provisions..............................................................................................11
10.1 Successors and Assigns ..........................................................................11
10.2 No Third Party Beneficiaries.....................................................................11
10.3 Entire Agreement; Waivers and Amendments..........................................11
11. Corporate Authority.............................................................................................11
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROV MENT AGREEMENT (this "Agreement") is
entered into this day of 2017, by and between the
I GCITYOFPALMSPRS, a California cliarter city ("CITY"), and Grit Development,
LLC, a California Limited Liability Company (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 31095 located in the City of Palm Springs, County of Riverside,
State of California (the "Property"), as described on Exhibit "A". The map contains
conditions of approval for the development of the Property (the "Conditions") as
described on Exhibit "B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication
to the City of Palm Springs;
The easements over lots "D" and "E", inclusive, shown as "public streets". The
dedication is for public utility purposes together with the right of ingress and egress for
emergency vehicles within the "private road easements".
The real property described below is dedicated as an easement for public purposes:
The easements over lots "F" through "K", inclusive, shown as "private streets". The
dedication is for street and public utility purposes together with the right of ingress and
egress for emergency vehicles within the "private road easements".
The real property described below is dedicated as an easement for public purposes:
The easements over lot"I", shown as "sewer, water and p.u.e.". The dedication is for
sewer, water and public utility purposes together with the right of ingress and egress for
emergency vehicles.
The real property described below is dedicated as an easement for public purposes:
The easements over lots "A" through "C", inclusive. Shown as "open space". The
dedication is for public utility, water storage and landscaping purposes.
The real property described below is dedicated as an easement for public purposes:
The 15' wide easement over lots 1, 2, 3, 7, 8, 9, 10, 36 and 45 shown as pm.e.(s). The
dedication is for public utility, sewer and storm drain purposes.
Lots "D" and "E" designated as "public street" and lot "I" designated as "sewer, water
and p.u.e. in favor of the city of palm springs for public street and public utility purposes.
C. Subdivider has delivered to City and City has approved plans and
specifications and related documents for certain "Works of Improvement" (as hereinafter
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defined) which are required to be constructed and installed in order to accommodate the
development of the Property.
D. Subdivider's agreement to construct and install the Works of Improvement
pursuant to this Agreement and its offer of dedication of the streets, easements and
other improvements and facilities, as shown on the Map, are a material consideration to
City in approving the final map for the Property and permitting development of the
Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference
and in consideration of City's approving the Map for the Property and permitting
development of the Property to proceed, Subdivider agrees to timely perform all of its
obligations as set forth herein.
1. Construction Obligations.
1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to
construct or install or cause to be constructed or installed the street, drainage, domestic
water, sanitary sewer and other improvements (herein sometimes collectively referred
to as the "Works of Improvement"), as the same may be supplemented and revised
from time to time as set forth herein (said plans and specifications, together with all
related documents, are referred to herein as the "Plans"). The estimated construction
cost for the Works of Improvement is $7,600,000.00.
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In
addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the
Tentative Map for the Property. The conditions of approval associated with the Tentative
Map are included as Exhibit "B" attached hereto.
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to
prescribe a complete work of improvement which Subdivider shall perform or cause to
be performed in a manner acceptable to the City Engineer (or his/her designee) and in
full compliance with all codes and the terms of this Agreement. Subdivider shall
complete a functional or operable improvement or facility, even though the Plans may
not specifically call out all items of work required for the contractor to complete its tasks,
incidental appurtenances, materials, and the like. If any omissions are made or
information necessary to carry out the full intent and meaning of the Plans, Subdivider
or its contractor shall immediately notify its design engineer who will seek approval of
the City Engineer for furnishing of detailed instructions. In the event of any doubt or
question arising regarding the true meaning of any of the Plans, reference shall be
made to the City Engineer whose decision thereon shall be final.
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Subdivider recognizes that the Plans consist of general drawings. All authorized
alterations affecting the requirements and information given on the Plans shall be in
writing and approved by the City Engineer. The Plans shall be supplemented by such
working or shop drawings as are necessary to adequately control the work. Without the
City Engineer's prior written approval, no change shall be made by Subdivider or
Subdivider's contractor to any plan, specification, or working or shop drawing after it has
been stamped as approved.
1.4 Survey Monuments. Before final approval of street improvements,
Subdivider will place survey monument(s) as shown on the Map in accordance with the
provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City
of Palm Springs. Subdivider shall provide security for such obligation as provided in
Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City
Engineer of the City of Palm Springs written notice of the setting of said monument(s)
and written proof of having paid the engineer or surveyor for the setting of said
monument(s).
1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all
materials, labor, tools, equipment, utilities, transportation, and incidentals required to
perform Subdivider's obligations under this Agreement.
1.6 Changes in the Work. The City Engineer, without invalidating this
Agreement and without notification to any of the sureties or financial institutions
referenced in Paragraph 4, may order extra work or may make changes by altering or
deleting any portion of the Works of Improvement as specified herein or as deemed
necessary or desirable by the City Engineer as determined necessary to accomplish the
purposes of this Agreement and to protect the public health, safety, or welfare. The City
Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction
Notice) at the time a determination has been made to require changes in the work. No
field changes performed or proposed by Subdivider or its contractor shall be binding on
City unless approved in writing by the City Engineer.
1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct,
replace, or otherwise make acceptable any work found by the City Engineer to be
defective.
1.8 No Warranty by City. The Plans for the Works of Improvement have been
prepared by or on behalf of Subdivider or its consultants or contractors, and City makes
no representation or warranty, express or implied, to Subdivider or to any other person
regarding the adequacy of the Plans or related documents.
1.9 Authority of the City Engineer. In addition to the authority granted to the
City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to
decide all questions which may arise as to the quality and acceptability of materials
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furnished and work performed, and all questions as to the satisfactory and acceptable
fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor.
1.10 Documents Available at the Site. Subdivider shall cause its contractor to
keep a copy of all approved Plans at the job site and shall give access thereto to the
City's inspectors and engineers at all times.
1.11 Inspection. Subdivider shall have an authorized representative on the job
site at all times during which work is being done who has full authority to act for
Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works
of Improvement. Subdivider shall cause its contractor to furnish the City with every
reasonable facility for ascertaining whether or not the Works of Improvement as
performed are in accordance with the requirements and intent of this Agreement,
including the Plans. If the City inspector requests it, the contractor at any time before
acceptance of the Works of Improvement shall remove or uncover such portions of the
finished work as may be directed which have not previously been inspected. After
examination, the contractor shall restore said portions of the work to the standards
required hereunder. Inspection or supervision by the City shall not be considered as
direct control of the individual workmen on the job site. City's inspector shall have the
authority to stop any and all work not in accordance with the requirements contained or
referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or the contractor of
any obligations to fulfill this Agreement as herein provided, and unsuitable materials or
work may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
1.12 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
Improvement to be completed in accordance with all other applicable federal, state, and
local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor
has completed all of the Works of Improvement, Subdivider shall then request a final
inspection of the work. If items are found by the inspector to be incomplete or not in
compliance with this Agreement or any of the requirements contained or referenced
herein, City will inform the contractor of such items. After the contractor has completed
these items, the procedure shall then be the same as specified above for the
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contractor's initial request for final inspection. If items are found by City's inspector to be
incomplete or not in compliance after two (2) "final" inspections, City may require the
contractor, as a condition to performing further field inspections, to submit in writing a
detailed statement of the work performed subsequent to the date of the previous
inspection which was found to be incomplete or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Subdivider shall (i) commence with construction and installation of the Works of
Improvement thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two
2 ears after the Commencement Date. Extensions of time for completion of the
Works of Improvement may be granted upon demonstration of good cause, subject to
review and approval by the City Council.
2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City
reserves the right to control and regulate the phasing of completion of specific Works of
Improvement as required to comply with applicable City ordinances, regulations, and
rules relating to the timely provision of public services and facilities. In addition to
whatever other remedies City may have for Subdivider's failure to satisfy such phasing
requirements, as the same now exist or may be amended from time to time, Subdivider
acknowledges City's right to withhold the issuance of further building permits on the
Property until such phasing requirements are satisfied. Prior to issuance of building
permits, Subdivider shall provide satisfactory evidence that all applicable requirements
that are a condition to issuance of building permits have been satisfied. Such
requirements may include the payment of fees, construction of improvements, or both.
Final inspections or issuance of Certificates of Occupancy may be withheld from the
Subdivider by the City, if, upon a determination by the City Engineer or his designee,
completion of specific Works of Improvements or other requirements associated with
the development of the Property have not been completed to his satisfaction.
2.3 Force Maieure. Notwithstanding the provisions of Section 2.1, Subdivider's
time for commencement and completion of the Works of Improvement shall be
extended for the period of any enforced delay caused due to circumstances beyond the
control and without the fault of Subdivider, including to the extent applicable adverse
weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a
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public agency (including City), required changes to the scope of work required by City,
and similar causes; provided, however, that the period of any enforced delay hereunder
shall not include any period longer than five (5) days prior to City's receipt of a written
notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a
right to extend its time for performance hereunder. City Engineer shall evaluate all
claims to Force Majeure and his decision shall be final.
2.4 Continuous Work. After commencement of construction of the Works of
Improvement (or separate portion thereof), Subdivider shall cause such work to be
diligently pursued to completion, and shall not abandon the work for a consecutive
period or more than thirty (30) days, events of Force Majeure excepted.
2.5 Reversion to Acreage. In addition to whatever other rights City may have
due to Subdivider's failure to timely perform its obligations hereunder, Subdivider
recognizes that City reserves the right to revert the Property to acreage subject to the
limitations and requirements set forth in California Government Code Sections
66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of
Improvement have not been completed on or before the later of two (2) years from the
date of this Agreement or within the time allowed herein, whichever is the later, and if
City thereafter initiates proceedings to revert the Property to acreage, pursuant to
Government Code Section 66499.16 Subdivider hereby consents to reversion and
agrees that any improvements made by or on behalf of Subdivider shall not be
considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. Time is of the essence of Subdivider's performance
of all of its obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of California Department of Labor.
3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor
performing any of the Works of Improvement shall discriminate against any employee or
prospective employee with respect to such work in hiring, promotion, seniority, or any
other terms and conditions of employment on the grounds of race, creed, color, national
origin, ancestry, religion, sex, or marital status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
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3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California and
shall cause each such contractor and subcontractor to submit to City a Certificate of
Insurance verifying such coverage prior to such contractor or subcontractor entering
onto the job site.
4. Security.
4.1 Required Security.
a) At the time Subdivider executes this Agreement, Subdivider shall furnish to
City the following bonds, letters of credit, instruments of credit (assignment of deposit
account) or other security acceptable to City in its sole and absolute discretion and
satisfying the requirements of the applicable provisions of this Section 4 below
hereinafter "Security Instruments"):
i) A Security Instrument securing Subdivider's faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
7,600,000.00 equal to 100% of the estimated construction cost referenced in Section
1.1.
ii) A Security Instrument guaranteeing the payment to contractors,
subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor
and Materials Security Instrument") with respect to the Works of Improvement in an
amount equal to $3,800,000.00 equal to 50% of the estimated construction cost
referenced in Section 1.1.
iii) A Security Instrument guaranteeing the payment of the cost of setting
monuments as required in Section 1.4 in the amount of $ 30,000.00 equal to 100% of
the cost thereof.
This Agreement shall not be effective for any purpose until such Security
Instruments are supplied to and approved by City in accordance herewith.
b) Required Security Instrument for Maintenance and Warranty. Prior to the
City Council's acceptance of the Works of Improvement and recordation of a Notice of
Completion, Subdivider shall deliver a Security Instrument warranting the work accepted
for a period of one (1) year following said acceptance ("Maintenance and Warranty
Security Instrument"), in the amount of $1,140,000.00 equal to 15% of the estimated
construction cost set forth in Section 1.1 or a suitable amount determined by the City
Engineer.
4.2 Form of Security Instruments. All Security Instruments shall be in the
amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following
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minimum requirements and otherwise shall be in a form provided by City or otherwise
approved by the City Attorney:
a) Bonds. For Security Instruments provided in the form of bonds, any such
bond must be issued and executed by an insurance company or bank authorized to
transact surety business in the State of California. Any insurance company acting as
surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key
Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any
bank acting as surety shall have a minimum rating of AA, as rated by Moody's or
Standard & Poor's.
b) Letters of Credit. For Security Instruments which are letters of credit, any
letter of credit shall be an original separate unconditional, irrevocable, negotiable and
transferable commercial letter of credit issued by a financial institution with offices in the
State of California acceptable to City. Any such letter of credit shall specifically permit
City to draw on same by unilateral certification of the City Engineer of the City that
Subdivider is in default under its payment or performance obligations hereunder or in
the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)
days prior to the date of expiration of any such letter of credit and shall further be
subject to the provisions of Section 4.4.
c) Instrument of Credit. For Security Instruments which are Instruments of
Credit, any Instrument of Credit shall be an assignment of deposit account assigning as
security to City all of Subdivider's interest in funds on deposit in one or more bank
accounts with financial institutions acceptable to City.
d) General Requirements for all Security Instruments.
i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the
City of Palm Springs, State of California (and the Security Instrument shall so provide).
ii) Each Security Instrument shall have a minimum term of one (1) year after
the deadline for Subdivider's completing the Works of Improvement, in accordance with
Section 2.1 (other than Instruments of Credit, which shall have no defined term or
expiration date).
iii) Each Security Instrument shall provide that changes may be made in the
Works of Improvement pursuant to the terms of this Agreement without notice to any
issuer or surety and without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in
order for City to realize on its security under any Security Instrument, Subdivider agrees
to cooperate with City to facilitate City's realization under any Security Instrument, and
to take no action to prevent City from such realization of any Security Instrument.
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Notwithstanding the giving of any Security Instrument or the subsequent expiration of
any Security Instrument or any failure by any surety or financial institution to perform its
obligations with respect thereto, Subdivider shall be personally liable for performance
under this Agreement and for payment of the cost of the labor and materials for the
improvements required to be constructed or installed hereby and shall, within ten (10)
days after written demand therefor, deliver to City such substitute security as City shall
require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be
entitled to draw on any such letter of credit if a replacement letter of credit (expiring in
not less than one (1) year, unless City agrees to a lesser term in City's sole and
absolute discretion) is not delivered not less than thirty (30) days prior to the expiration
of the original letter of credit, such substitute letter of credit being in the same amount
and having the terms and conditions as the initial letter of credit delivered hereunder,
issued by a financial institution acceptable to City as of the date of delivery of the
replacement letter of credit.
b) In the event of draw by the City on a letter of credit, the City may elect, in its
sole and absolute discretion, to apply any such funds drawn to the obligations secured
by such letter of credit or to hold such funds in an account under the control of the City,
with no interest accruing thereon for the benefit of the Subdivider. If the City elects to
hold the funds in an account pursuant to the foregoing, City may thereafter at any time
elect instead to apply such funds as provided in the foregoing. Subdivider agrees and
hereby grants City a security interest in such account to the extent required for City to
realize on its interests therein and agrees to execute and deliver to City any other
documents requested by City in order to evidence the creation and perfection of City's
security interest in such account.
4.5 Release of Security Instruments.
a) City shall release the Faithful Performance Security Instrument and Labor
and Materials Security Instrument when all of the following have occurred:
i) Subdivider has made written request for release and provided evidence of
satisfaction of all other requirements in this Section 4.5;
ii) the Works of Improvement have been accepted;
iii) Subdivider has delivered the Maintenance and Warranty Security Instrument;
and
iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
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Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims
have been timely filed, City shall hold the Labor and Materials Security Instrument until
such claims have been resolved, Subdivider has provided a statutory bond, or otherwise
as required by applicable law.
b) City shall release the Maintenance and Warranty Security Instrument upon
Subdivider's written request upon the expiration of the warranty period, provided no
claims are outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be
responsible for payment of all costs incurred for construction and installation of the
Works of Improvement. In the event Subdivider is entitled to reimbursement from City
for any of the Works of Improvement, such reimbursement shall be subject to a
separate Reimbursement Agreement to be entered into between Subdivider and City
prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its
authorized representative make the usual and customary inspections of the Works of
Improvement. In addition, Subdivider shall compensate City for all design, plan check,
evaluating any proposed or agreed-upon changes in the work. The procedures for
deposit and payment of such fees shall be as established by the City Council. In no
event shall Subdivider be entitled to additional inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as
appropriate resolution or resolutions accepting all offers of dedication shown on the Map
for the Property, with acceptance to become effective upon completion and acceptance
by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to
execute the Certificate made a part of the Map regarding said acceptance of the offer of
dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement
against defective materials and workmanship for a period of one (1) year from the date
of final acceptance. If any of the Works of Improvement should fail or prove defective
within said one (1) year period due to any reason other than improper maintenance, or if
any settlement of fill or backfill occurs, or should any portion of the Works of
Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15)
days after written notice of such defects, or within such shorter time as may reasonably
be determined by the City in the event of emergency, shall commence to repair or
replace the same together with any other work which may be damaged or displaced in
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so doing. Should Subdivider fail to remedy defective material and/or workmanship or
make replacements or repairs within the period of time set forth above, City may make
such repairs and replacements and the actual cost of the required labor and materials
shall be chargeable to and payable by Subdivider. The warranty provided herein shall
not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise
imposed by law.
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City for a default by Subdivider hereunder, such remedy shall be in
addition to, and not exclusive of, City's right to pursue any other administrative, legal, or
equitable remedy to which it may by entitled.
8.2 City Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event Subdivider shall
fail to timely perform any work required to be performed under this Agreement and such
failure shall continue for a period of twenty (20) days after receipt of written notice of
default from City, or thereafter Subdivider shall fail to diligently and continuously pursue
the cure of any such default to completion, City shall have the right to enter into the
Property and perform any of the uncompleted work by force account or contract or both
and thereupon recover from Subdivider or any Security Instrument, or both, the full cost
and expense thereby incurred by City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any
obligation under this Agreement, Subdivider agrees to pay all costs and expenses
incurred by City in securing performance of such obligations, including costs of suit and
reasonable attorney's fees. In the event of any dispute arising out of Subdivider's
performance of its obligations under this Agreement or under any of the Security
Instruments referenced herein, the prevailing party in such action, in addition to any
other relief which may be granted, shall be entitled to recover its reasonable attorney's
fees and costs. Such attorney's fees and cost shall include fees and costs on any
appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all
other reasonable costs incurred in investigating such action, taking depositions and
discovery, retaining expert witnesses, and all other necessary and related costs with
respect to the litigation. All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not the action is
prosecuted to judgment.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's
failure to perform the construction and installation of the Works of Improvement in
accordance with the requirements contained or referenced in this Agreement. Said
indemnity obligation shall apply to personal injury, death, property damage, economic
11
loss, and any other monetary damage or penalty to which City may be subjected,
including without limitation, attorney's fees and costs and the costs of realizing on any
Security Instrument provided by Subdivider pursuant to the terms hereof. Such
indemnity obligation shall not extend to any loss resulting from City's sole negligence or
willful misconduct.
10. General Provisions.
10.1 Successors and Assigns. This Agreement shall be binding upon all
successors and assigns to Subdivider's right, title, and interest in and to the Property
and any portion thereof.
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only
the parties hereto and their respective successors and assigns. Neither City nor
Subdivider intend to create any third party beneficiary rights in this Agreement in any
contractor, subcontractor, member of the general public, or other person or entity.
10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates
all of the terms and conditions mentioned herein, or incidental hereto, and supersedes
all negotiations and previous agreements between the parties with respect to all or part
of the subject matter hereof, except as may be expressly provided herein. All waivers of
the provisions of this Agreement must be in writing and signed by an authorized
representative of the party to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
11. Corporate Authority.The persons executing this Agreement on behalf of
the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into of this Agreement does not violate any provisions
of any other Agreement to which said party is bound.
Signatures on Next Page)
12
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
By n& a
Kathleen D. Hart, MMC, Interim City Clerk c2David H. Ready, Ci er
STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED Y: APPAS TO FORM
CITY ATTORNEY
Marcus L. Fuller, MPA, P.E., P.L.S.
Assistant City Manager/City Engineer APPROVED BY
Z MSUBDIVIDER: u`I
Grit Development, LLC, a California Limited Liability Company
Check one: _Individual _Partnership _Corporation*X Company
Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized ag ust sign this Agreement.
By By:
Sig'',^n^^at re rized)Signature (notarized)
Name: Name:
Title: Q VI Title:
For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President)Officer or any Assistant Treasurer)
13
ACKNOWLEDGMENT OF INSTRUMENT
Cal. Civil Code Section 1181)
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of Riverside ss.
City of Palm Springs
On August 14, 2017, before me, KATHLEEN D. HART, INTERIM CITY CLERK, CITY OF
PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I personally know is
the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his official and authorized capacity
on behalf of the City of Palm Springs, a California Charter City.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness m hand and the official seal of the City of Palm Springs, California this 14th day ofYYY
August, 2017.
SOP
PALM S,6
c
V m
R
o a.rao
Signature:
4t FORN
P
KATHLEEN D. HART, MMC
Interim City Clerk
Title or Type of Document
Subdivision Improvement Agreement
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document,to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
ss.
County of Riverside )
On Jukie, 12 2017 beforeme, ,J Vey L. SAnbopr? notary public),
Date Name and Title of Officer
personally appeared YV + C hae I Bp r?
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(g) whose name($) is/sire subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/4ffAheir authorized
capacity0t4), and that by his/her/their signatures(g) on the instrument the person(t), or the entity upon behalf of
which the person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
JEANETTE L. SANBORN[(
WITNESS my hand and official sealCommission # 2037158 L
o Notary Public •California
z
Riverside County
n
My Comm.Expires Aug 16,2017
Sigii—atuk of Notary Public
15
Mailing Address:
Grit Development, LLC
555 South Sunrise Way, Suite 200
Palm Springs, Ca 92264
760) 325-3321
14
EXHIBIT "A"
TRACT MAP 31095 LEGAL DESCRIPTION
Tract Map No. 31095, as recorded in Map Book 456 , Pages (c4 through Co 9 inclusive, records
of Riverside County, California.
16
EXHIBIT "B"
TENTATIVE TRACT MAP 31095 CONDITIONS OF APPROVAL
17
City Council Resolution No. 22063
Exhibit D
BOULDERS PROJECT: CONDITIONS OF APPROVAL .
November 7, 2007
Before final acceptance of the project, all conditions listed below shall he completed to the
satisfaction of the City Engineer, the Director of Planning Services, 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.
PLANNING DEPARTMENT:
Project Specific Condition:
1. In addition to the Hillside Development Review process, the applicant shall be
required to submit Administrative Minor Modification (AMM) applications for lots
Lot 5, 7—13,23, 26, 26, 33, 34 and 44)that do not meet the required minimum lot
dimensions (depth or width).
Administrative:
1. 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.
2. 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 concerning Tentative Tract Map 31095. 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 PalmSprings. Notwithstanding the foregoing, the City retains the right to settle or
h
City Council Resolution No. 22063 Page 2 of 22
Exhibit D—Conditions of Approval
abandon the matter without the applicant's consent but should it do so, the City
shalLw'v_h in Omni ication herein, except. the C 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.
3. That the property owner(s) and successors and assignees In interest shall
maintain and repair the improvements Including and without Ilmltatlon sidewalks,
bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences
between the curb and property line, including sidewalk or bikeway easement areas
that extend onto private property, in a first class condition, free from waste and
debris, and in accordance with all applicable law, rules, ordinances and regulations
of all federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the recorded
covenant agreement for the property if required by the City.
4. Prior to recordation of the final map or, at the City's option, prior to issuance of
certificate of occupancy, the developer agree to support formation of or annexation
into a Community Facilities District (CFD) to include the project site. Developer
further .agrees to waive any right of protest or, contest such formation. or ,
annexation, provided that the amount of any assessment for any single family
dwelling unit (or the equivalency thereof when applied to multiple_ family,
commercial or industrial) as established through appropriate study shall not
exceed $500 annually per dwelling unit or dwelling unit equivalency unit, subject to
an annual consumer price index escalator. Prior to safe of any lots, or prior to the
issuance of any certificate of occupancy, or prior to any approval of the Building
Official that will allow the premises to be occupied, the CFD shall be formed, the
annexation thereto shall occur, or at the option of the City Manager and Building
Official, a covenant agreement may -be recorded against any affected parcel(s)
with the project, evidencing the Owner's binding consent, approval, and waiver of
rights as provided in this condition of approval
5. The applicant, prior to issuance of building permits, shall submit a draft declaration
of covenants, conditions and restrictions ("CC&R's") to the Director of Planning
Services for approval in a form to be approved by the City Attorney, to be recorded
prior to certificate of.occupancy. The CC&R's shall be enforceable by the City,
shall not be amended without City approval, and shall require maintenance of all
property in a good condition and in accordance with all ordinances.
6.. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
3,500, for the review of the GC&R's by the City Attorney. A $631 filing fee, or the
fee in effect at the time of submission, shall also be paid to the City Planning
Department for administrative review purposes.
2
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City Council Resolution No. 22063 Page 3 of 22
Exhibit D—Conditions of Approval
7. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government
Code Section 66477 (Quimby Act), all residential development shall be required to
contribute to mitigate park and recreation impacts such that, prior to issuance of
residential building permits, a parkland fee or dedication shall be made.
Accordingly, all residential development shall be subject to parkland dedication
requirements and/or park improvement fees. The parkland mitigation amount shall
be based upon the cost to acquire and fully improve parkland.
8. 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 Y4%o for
residential projects with the first $100,000 of total building permit valuation for
individual single-family units exempt. Should the public art be based on the project
site, said location shall be reviewed and approved by the Director of Planning and
Zoning 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.
9. The Project will bring a significant number of additional residents to the community.
The .Citys existing public safety and. recreation services, including police
protection, criminal justice, fire protection and suppression, ambulance, paramedic,
and other safety services and recreation, library and cultural services-are near
capacity. Accordingly, the. City may determine to form a Community Services
District under authority of Government Code Section 53311 et seq, or other
appropriate statutory or municipal authority. Developer agrees to support the
formation of such assessment district and shall waive any right of protest, provided
that the amount of such assessment shall be established through appropriate
study and shall not exceed $500 annually with a consumer price index escalator.
The district shall be formed prior to sale of any lots or a covenant agreement shall
be recorded against each parcel.
Environmental Assessment:
10.The mitigation measures of the final environmental impact report shall apply. The
applicant shall submit a signed agreement that the mitigation measures outlined as
part of the final environmental impact report will be included in the plans prior to
Planning Commission consideration of the environmental assessment,
11.The design, height, texture and color of fences and walls shall be submitted for
review and approval prior to Issuance of building permits. Details of walls and
fencing (materials and color) submitted with final landscape plan. All walls shall be
3
83
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City Council Resolution No_ 22063 Page 4 of 22
Exhibit D—.conditions of Approval
located back from the top of the slope to permit screening by landscaping and
stacked boulders. Walls_and fences shall be adequately and entirely screa tad by
stacked boulders.
12.Front yards shall be fully landscaped prior to issuance of a certificate of
occupancy. The landscape palate shall utilize drought tolerant species. Planting
of turf shall be prohibited in front yards. Turf shall otherwise be limited to active
recreation areas in rear yards only (including private yards). The utilization of
desert vegetation shall be incorporated throughout the project site. The developer
shall be responsible for installation of front and rear yard landscape, irrigation
and exterior lighting. The HOA will be responsible for enforcement of these
requirements.
13.Hillside related conditions:
a) Disturbed areas not proposed for development shall be re-naturalized and re-
vegetated.
b) Utilize low lighting levels to avoid glare
c)All utilities shall be located underground.
d) Plant species native to the immediate region shall be used in all non-
recreational landscaping located in or adjacent to open space areas.
e) Special attention shall be undertaken to re-naturalize slopes and areas
adjacent to slopes, retention areas and project perimeters with boulders and
heavy landscaping to the satisfaction of the Director of Planning Services.
f) Dock crushing—All sizes of rocks and boulders shall be retained for use in re-
naturalizing slopes, which represent existing natural diversity of rook sizes.
g) Retaining walls visible from the public right of way shall be softened and
screened by stacked boulders.
h) Split level pads are desirable, and shall be required for two story residences.
i)The site shall be integrated into the existing neighborhood with pedestrian trails
and bike paths.
General/Grading:
14..Maximum pad heights are specified on TTM 31095 for each lot as part of the
subdivision. The proposed retaining wall on the east side of lot #31 shall be
replaced by a landscaped and re-naturalized slope, which does not exceed a 2:1.
No additional walls shall be allowed on the east side of this lot. Reduce wall
heights where practical to the satisfaction of the Director of planning Services.
4
34
City Council Resolution No. 22063 Page 5 of 22
Exhibit D—Conditions of Approval
15.Prior to the 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.
16_7he 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.
17.Drainage swales shall be provided adjacent to all curbs and sidewalks — 3' wide
and 6" deep. The irrigation system shall be 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.
18.The site shall be re-naturalized following grading operations.
19.Retaining wails In excess of six feet shall be discouraged. Retaining walls shall
be moved away from the rear yard property lines, and softened with the use of
stacked boulders and landscaping. These rear yard slopes should then be re-
naturalized.
20.The developer shall reimburse the City for the City's costs incurred in monitoring
the developer's compliance with the conditions of approval and mitigation
monitoring program, including, but not limited to inspections and review of
developers operations and activities for compliance with all applicable dust and
noise operations, and cultural resource mitigation. This condition of approval is
supplemental and in addition to normal building permit and public improvement i
permits that may be required pursuant to the Palm Springs Municipal Code.
POLICE DEPARTMENT:
21.Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT.
22.Prior to any construction on—site, all appropriate permits must be secured.
FIRE DEPARTMENT:
23.Fire apparatus access roads shall be designed and constructed as all weather
capable and able to support afire truck weighing 73,000 pounds GVW. (902.2.2.2
CFC)
5
35
City Council Resolution No_ 22063 Page 6 of 22
Exhibit D—Conditions of Approval
24.Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less
than 13'
25.Looked gates) shall be equipped with a KNOX key switch device or Key box.
Contact the Fire Department at 323-8186 for a KNOX application form. (902.4
CFO)
26.Project is beyond five-minute response time from the closest fire station and,
therefore automatic Fire Sprinkler System is required.
27.Approved numbers or addresses shall be provided for all new and existing
buildings in such a position as to be plainly visible and legible from the street or
j road fronting the property. (901.4.4 CFC) Show location of address on plan
elevation view. Show requirement and dimensions of numbers in plan notes_
Numbers shall be a minimum 4 inches, and of contrasting color to the background.
28.Access for fire fighting equipment shall be provided to the immediate job site at the
start of construction and maintained until all-construction Is complete. Fire
apparatus access roads shall have an unobstructed width of not less than 20 feet
and an unobstructed-vertical clearance of not less than 13' 6n. Fire Department
access roads shall have an all weather driving surface and support a minimum
weight of 73,000 lbs. (Sec. 902 CFC)
29.An operational fire hydrant or hydrants shall be installed within 250' of all
combustible construction. No landscape planting, walls, or fencing shall be
penal ted within 3 feet of fire hydrants, except groundcover plantings.
30.Residential fire hydrants shall be installed in accordance with DWA or Mission
Springs Water District specifications and standards. No landscape planting, walls,
or fencing shall be permitted within 3 feet of fire hydrants.
ENGINEERING DEPARTMENT:
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:
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
6
86
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City Council Resolution No. 2K63 Page 7 of 22
Exhibit D—Conditions of Approval
2. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plans shall be approved by the City
Engineer prior to issuance of any building permits.
3. The applicant shall be required to construct asphalt concrete paving for streets In
two separate lifts. The final lift of asphalt concrete pavement shall be postponed
until such time that on-site construction activities are complete, as may be
determined by the City.Engineer. Paving of streets in one lift prior to completion
of on-site construction will not be allowed, unless prior authorization has been
obtained from the City Engineer. Completion of asphalt concrete paving for
streets prior to completion of on-site construction activities, if authorized by the
City Engineer, will require additional paving requirements prior to acceptance of
the street improvements, including, but not limited to: removal and replacement
of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as .
required by the-City Engineer.
SANBORN WAY
4. Dedicate an additional 20 feet to provide the ultimate street right-of-way width of
50 feet along the entire frontage between Milo Drive and Janis Drive.
5. Construct a 6 inch curb and guiter, 18 feet south of centerline along the entire
frontage, with a 25 feet radius curb return at the southwest comer of the
intersection of Sanborn Way and Janis. Drive in accordance with City of Palm
Springs Standard Drawing No. 200.
6. Construct pavement with a minimum pavement section of 2% inches asphalt
concrete pavement over 4 Inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to clean sawcut edge of pavement along the entire frontage from
Milo Drive to Janis Drive in accordance with City of Palm Springs Standard
Drawing No, 110 and 300. If an alternative pavement section is proposed, the
proposed pavement section shall be designed by a California registered
Geotechnical Engineer using "R" values from the project site and submitted to
the City Engineer for approval.
VIA ESCUELA
7. Construct full width pavement, a minimum of 24 feet wide, from the edge of the
existing paved travel way east of Leonard Road, to the project entrance.
Construct pavement with a minimum pavement section of 21/2 inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal. If an alternative
7
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City Council Resolution No. 22063 Page 8 of 22
Exhibit D-Conditions of Approval
pavement section is proposed, the proposed pavement section shall be designed
by a California registered Geotechnical Enic ineer using a"R' values from the
project site and submitted to the City Engineer for approval.
a. Provisions for conveyance of concentrated stormwater runoff from the project site
onto Via Escuela shall be made to the satisfaction of the City Engineer, and may
require construction of concrete curbs, gutters, or other approved methods
whereby stormwater runoff is directed easterly towards existing drainage carriers
with the capacity to contain the concentrated stormwater runoff_ Analysis and
recommendations to satisfy this issue shall be included in the final hydrology
study to be prepared for this development.
9. Provisions for the interception of nuisance water and other low flow runoff shall
be provided on-site to prevent drainage water from entering directly onto Via
Escuela from the project site, through the use of a minor storm drain system that
collects and conveys the nuisance water or runoff to landscape or parkway
areas, and in only a stormwater runoff condition, pass runoff directly to the
streets through methods approved by the City Engineer. Provisions for
intercepting nuisance water and other low flow runoff shall be made to the
satisfaction of the City Engineer. .
CHINO CANYON ROAD
10. Dedicate an additional 20 feet to provide the ultimate street right-of-way width of
50 feet along the entire frontage where required.
11.- Construct a concrete wedge curb or other approved drainage carrier along the
northerly edge of the widened street section. Provisions for the conveyance of
stormwater runoff tributary to and failing on Chino Canyon Road shall be made to
the satisfaction of the City Engineer. Analysis and recommendations to satisfy
this issue shall be included in the final hydrology study to be prepared for this
development.
12. Construct pavement widening to provide a minimum 24 feet wide paved travel
way along the entire frontage. Asphalt pavement coring and sampling of the
existing paved travel way shall be performed to determine the condition of the
existing pavement. If warranted, the existing pavement shall be removed and
replaced with new asphalt concrete pavement, or, an asphalt pavement overlay
or other improvements consistent with the findings of a geotechnical report shall
be constructed to the satisfaction of the City Engineer. Construct pavement with
a minimum pavement section of 2'Y2 Inches asphalt concrete pavement over 4
inches crushed miscellaneous base with a minimum subgrade of 24 inches at
95% relative compaction, or equal, If an alternative pavement section is
a
City Council Resolution No. 22063 Page 9 of 22
Exhibit D—Conditions of Approval
proposed, the proposed pavement section shall be designed by a California
registered Geotechnical Engineer using "R" values from the project site and
submitted to the City Engineer for approval.
13. In coordination with the Planning Department, provisions for on-street .parking
areas shall be made where possible, along the frontage of the subject property.
All parking or shoulder areas shall be constructed of compacted material that
meets the requirements of the City's PM10 Dust Control Ordinance.
14. Provisions for interception of stormwater runoff from the on-site streets onto
Chino Canyon Road shall be made to the satisfaction of the City Engineer, and
may require construction of concrete curbs, gutters, or other approved methods
whereby stormwater runoff is directed into the proposed drainage system for the
development_ Analysis and recommendations to satisfy this issue shall. be
Included in the final. hydrology study to be prepared for this development.
I
PALERMO DRIVE
15. Appropriate removals and reconstruction of the existing southerly end of Palermo
Drive shall be made to the satisfaction of the City Engineer, as necessary to
extend and connect to Palermo Drive as shown on the revised Tentative Tract
Map 31095 (dated February 16, 2005).
LEONARD ROAD
16. Construct half-width. street improvements to provide a minimum 24 feet wide
paved travelway along the frontage of the property (adjacent to Lot "A"),
extending to the existing edge of pavement at the southerly end of Leonard
Road, to the satisfaction of the City Engineer. The minimum 24 feet wide
travelway shall be constructed, extending Leonard Road to Via Escuela.
Construct pavement with a minimum pavement section of 2'/2 inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal. If an alternative
pavement section is proposed, the proposed pavement section shall be designed
by a California registered Geotechnical Engineer using "R" values from the
project site and submitted to the City Engineer for approval.
VISTA DRIVE
17. The. applicant shall recommend and install appropriate end of road regulatory
signs, striping, markings or other improvements at-the southerly end of Vista
Drive, subject to the review and approval by the City Engineer.
89
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City Council Resolution No. 22063 Page 10 of 22
Exhibit D—Conditions of Approval
ON-SITE (PRIVATE) STREETS
18. Dedicate easements for public utility purposes, including sewers, with the right of
ingress and egress for service and emergency vehicles and personnel over the
proposed private streets.
19. All centerline radii shall be a minimum of 130 feet.
20. -On-site streets shall be constructed with an inverted cross-section, using a 3 feet
wide concrete ribbon or "valley' gutter along the centerlines of all streets.
Provisions for interception of all stormwater runoff from the on-site streets to off-
site public streets shall be made to the satisfaction of the City Engineer, and may
require construction of concrete curbs, gutters, or other approved methods
whereby stormwater runoff is directed into the proposed drainage system for the
development or to existing drainage carriers with the capacity to contain the
concentrated stormwater runoff. Analysis and recommendations to satisfy this
Issue shall he included in the final hydrology study to be prepared for this
development.
21. All on-site private streets shall be two-way with a minimum 24 feet wide
travelway (as measured from edge of pavement) where no on-street parking is
proposed. Construction of a concrete mow strip or other permanent edge
treatment acceptable to the City Engineer shall be provided. Construct pavement
with a minimum pavement section of 2Y2 Inches asphalt concrete pavement over
4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at
05% relative compaction, or equal. If an alternative pavement section Is
proposed, the proposed pavement section shall be designed by a California
registered Geotechnical Engineer using "R" values from the project site and.
submitted to the City Engineer for approval
22. In coordination with the Planning Department, provisions for on-street parking
areas shall be made where possible, along the frontage of the on-site streets. All
parking or shoulder areas shall be constructed of compacted material that meets
the requirements of the City's PM10 Dust Control Ordinance.
23. On-street parking shall. be prohibited along all on-site private streets except for
specific pull-out or parking areas that are provided in designated locations_
Provisions for restrictions of on-street parking within the private streets and for
maintaining clear two-way 24 feet wide access for service and emergency
vehicles shall be included In Covenants, Conditions, and Restrictions (CC&R's) .
for this project. The GC&R's shall be provided to the City Attorney for review and
approval prior to approval of the final map.
10
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City Council Resolution No. 22063 Page 11 of 22
Exhibit D—Conditions of Approval
24. Regulatory signs restricting parking to off-pavement locations only shall be
installed at all tract entranoes, as approved by the City Engineer and Fire
Marshall_ A Home Owners Association shall be 'responsible for regulating and
maintaining required no parking restrictions, which shall be included in
tionCovenants, Condis, and Restrictions required for the development. (modified
by fhe City Council on 10/17/07)
25. The ends of the on-site streets shall have a hammerhead or other turn-around
configuration approved by the Fire Marshall,
26. Palermo Drive shall terminate in a cul-de-sac, constructed in accordance with
City of Palm Springs Standard Drawing Not 701;:unless a hammer-head or other
approved emergency vehicle turn-around is approvb&bythe Fire Marshall_
27. -Gated or restricted access to the ori-site private streets is prohibited, except for
the main access at Via Escuela_
SANITARY SEWER
28,. . All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected-at manholes..
29. Existing sewer plans for the constructionof public;sewer main within Via Escuela
are approved and,on file (see File' 1D=1-28 approved March 23, 1977). Existing
sewer plans for the construction of-public sewer main within Chino Canyon Road
are-approved and on file- (see Fifes 104-102, '106- and 107 approved July 7,
1983). If used for construction, the approved sewer plans shall-be revised to
reflect current "as-built"or record conditiohs'adjacent to and on-site; as well as to
include construction of current,City standards,, and submitted to the Engineering
Division for review and approval. =Otherwise,, new sewer improvement plans
prepared by:`a California registered.-CMI Engineer shall be submitted to the
Engineering'°Division rfor revieW and approval. The new or revised sewer
improvement,plans shall be approved by fhe'City Engineer-prior to issuance of
any.grading or building permits:
30. Submit sewer improvement plans prepared by a Callomia registered civil
engineer to the Engineering Division_ The plans) shall tie approved by the City
Engineer prior to Issuance of sewer Construction permits..
31. Construct an off--site extension of the existing 8 inch VC.P. public sewer main
within Via Escuela from its current terminus near Tuscan Road.
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City Council Resolution Ito.22063 Page 12 of 22
Exhibit D-Conditions of Approval
32. Construct an 8 inch V.C_P_ public sewer main within Chino Canyon Road from
the west property line to the east property line (across the entire_ frontage).
F'rovisionsforfutureextension of'sewer service to adjacent propertles, including
installation of sewer laterals, shall be included in sewer plans prepared for Chino
Canyon Road. New sewer laterals shall be emended to property line along both
sides of Chino Canyon Road.
33. Construct an 8 inch V.C.P. sewer main within all on-site private streets and
connect to the extended public sewer main in Via Escuela.
34. All sewer mains constructed by the applicant and to become part of the public
sewer system shall be digitally video recorded prior to acceptance of the sewer
system for maintenance by the City. A computer disc of the video recording shall
be provided to the City Engineer for review. Any defects of the sewer main shall
be removed, replaced,or repaired to the satisfaction of the City Engineer prior to
acceptance.
35. Dedicate a 30 feet wide easement to the City of Palm Springs over the retention
basin (Lot "C"), and Lots 35, 36 and 37 for sewer purposes, with the right of
ingress and egress for service vehicles and personnel, as necessary to extend
sewer service from Chino Canyon Road. The proposed 30 feet wide
combination water and sewer easement shown on the revised Tentative Tract
Map 31095 (dated February 16, 2006) shall be relocated, and not equally divided
over Lot"C" and Lots 35, 36, and 37. A separate lettered lot shall be created for
this easement. Lot "C", and Lots 35, 36, and 37 shall be adjusted to provide for
the separate lettered lot. The easement shall be graded and constructed with
permanent and stable material, subject to the approval of the City Engineer,
passable by heavy trucks and equipment.
36. The 30 feet wide sewer easement shall be kept clear and free of any and ail
obstructions to allow for the continued operation and maintenance of the public
sewer main within the easement. Access to the public sewer easement from
Chino Canyon Road to the south end of Palermo Drive shall be maintained,
including, if necessary, 15 feet wide gates with lock and access provided to the
City of Palm Springs,
37. The applicant shall provide sewer service to Lots 19 and 20 by constructing an
extension of the proposed on-site 8 inch V.C.P. public sewer main in Janis Drive
to Sanborn Way, and in Sanborn Way across the frontage of Lots 19 through 21,
as necessary to provide sewer service in accordance with standard sewer design
guidelines. The sewer main in Sanborn Way shall be designed at sufficient
depth to provide sewer service to the lower pad elevations of Lots 19 and 20.
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City Council Resolution No. 22063 Page 13 of 22
Exhibit p-Conditions of Approval
38. Costs associated with construction of off-site sewer laterals-'(extending to the
South side:ofZh.Ino 'Canyon-Road) may be reimbursed, pursuant to a Sewer.
RelrribursementAgreement°approved by'the City`Council; in accordance wlth;the
policies=established by 'i?esolution 13773, and amended-by Resolution 15975.
rollowing 'completion and acceptances of the off-site sewier' laterals by the City
Engineer, if.reirnbursement is requested in writing by the applicant, the applicant
shall submit a 1ormai l `request for, preparation- of a 1 Sewer 'Reimbursement
Agreement and a .$2,500 deposit for City -staff time associated with the
preparation of.-the Sewer Relmbursement'`Agre' ement, including' Clty Attorney
fees. The applicant shall be responsible for payrnent of all'assoc!ate&staff time
And expenses: necessary in. the preparation and processing of the' Sewer
Reimbursement Agreement with the City Counclt., and shall subift additional
deposlts as necessary when requested by the City, which are included in the
amount •that , may rbe reimbursod to the applicant ;"through' the' Sewer
Reimbursement Agreement.Tl.he Sewer Reimbursement Agreemerit.is subject to
the•City Council's review and,'approval at a Public Headrig,-and its approval is not
guaranteedYiior lmplled by this condition.
GRADING
39. 'Mass grading 'of the site is.prohibited: Rough grading shall be restricted to only
that-grading necessary to construct infrastructure, and to achieve tinlsh 'grade of
the-on=sitc`and adjacent off=site streets. Rough grading of`residentixal pads shall
require separate approval 'of" grading plans for irdividual`custo-rm homes; in
accordance with Section 93.1'3.00 "Hillside Developments" of the F alm Springs
zoning Code_
40. The actiV6 area of rough grading shall be restricted to an area no greater than
2 5.a,cre4 in'size at arty one $me: The Grading Plan shalt clkdy;sl ow the limits
daylight line)`of grading for rough igradind to construct infrastructure; and 'to
achieve'finish grade of fhe orrsite and adjacent off-site streets, and sflall show
sequencing aria phasing°of rough grading neces'sa.ry to limlt active grading areas
ton greater than 2.5:acres in Size at anyone time.
41. Submit `a Rough Grading Plan prepared by a Callfo'mia iegistere( civic 'engineer
to the.Engineenng Division for review And approval_ A'Fugitive'busfControl plan
shall tiepreparetl by the applicant.and/or its grading eontractorand submitted'to
the Engineering Division. far review .and approval. The', applicant and/or its
grading contractor shall be required to comply with Chapter 8.50 of the City of
alai Spnngs .Municipal Code, and shall be required rto utilize orie or more
Ci7ache[!a 1/alley Best Available Control Measures" as identified`in the Coaet e}la
Valley Fugitivd Oust Contro!'Handbook for each fugitive dusfi source such.that the
applicable performance•standards are met The appllcant's or its contractor's
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City Council Resolution No. 22063 Page 14 of 22
Exhibit D—Conditions of Approval
Fugitive Dust Control Plan shall be prepared by staff that has completed the
South Coast Air Quality_Management DstrJct (A0JMA_-Coachella Valley_Fugitive
Dust Control Class. The applicant and/or its grading contractor shall provide the
Engineering Division with current and valid Certificate(s) of Completion from
AQMD for staff that have completed the required training, For information on
attending a Fugitive Dust Control Class and information on the Coachella Valley
Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please
contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control
Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook,
shall be submitted to and approved by the Engineering Division prior to approval
of the Grading plan. The Grading Plan shall be approved by the City Engineer
prior to issuance of grading permit.
a. The first submittal of the Rough Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of
Approval; a copy of a final approved conformed copy of the Tentative Tract
Map; a copy of current Title Report; a copy of Soils Report; and a copy of the
I associated Hydrology Study/Report
39. Contact Whitewater Mutual Water Company to determine impacts to any existing
water lines and other facilities that may be located within the properly if any.
Make appropriate .arrangements to protect in place or relocate any existing
Whitewater Mutual Water Company facilities that are impacted by the
development. A letter of approval for relocated or adjusted facilities from
Whitewater Mutual Water Company shall be submitted to the Engineering
Division prior to approval of the Grading Plan.
40. Prior to approval of a Grading Plan, the applicant shall obtain written approval to
proceed with construction from the Agua Caliente Band of Cahuilla Indians,
Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall
contact the Tribal Historic Preservation Officer, Richard Begay (760-883-1940),
or the Tribal Archaeologist, Patty Tuck (760-883-1920), to determine their
requirements, if any, associated with grading or other construction. The
applicant is advised to contact the Tribal Historic Preservation Officer .or Tribal
Archaeologist as early as possible. If required, it is the responsibility of the
applicant to coordinate scheduling of Tribal monitors during grading or other
construction, and to arrange payment of any required fees associated with Tribal
monitoring.
i
41, The applicant shall obtain approvals to perform any off site grading from the,
record owners) of adjacent properties as may be necessary. The rough grading'
plan shall clearly show the limits of grading around the project perimeter.
Required approvals shall include, but not be limited to: a right-of-entry and
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City Council Resolution No. 22063 Page 15 of 22
Exhibit D—Conditions of Approval
construction easement, a maintenance and joint use agreement, or other legally
recognized approvals, subject to the review and approval by the City Engineer
andlor the City Attorney. Off-site approvals by the adjacent property owners
shall be required prior to approval of the Grading Plan.
42. A National Pollutant Discharge Elimination System (NPDES) stormwater permit,
Issued from the California Regional Water Quality Control Board (Phone No. 760-
346-7491) is required for the proposed development. A copy of the executed
permit shall be provided to the City Engineer prior to issuance of a grading
permit.
43. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c),
the applicant shall post with the City a cash bond of two thousand dollars
2,000.00) per disturbed acre for mitigation measures. for erosion/blowsand
relating to this properly and development.
44. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the grading
plan for the proposed development. A copy of the Geotechnical/Soils Report
shall be submitted to the Engineering Division with the first submittal of a grading
plan. Evaluation of and recommended improvements for existing asphalt
concrete pavement along the Chino Canyon Road frontage shall be addressed
by the Geotechnical/Soils Report prepared for this development..
Y45. 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 a grading plan and involving the export of
soil 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) prior to approval of the Grading Plan (if
required). The California Department of Food and Agriculture office is located at
73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
46, Rock crushing operations shall be prohibited.
47. Prior to approval of a Grading. Plan, the City of Palm Springs shall retain, at the
developer's expense, a grading and dust control monitor who shall be present on
site at least three hours per day, or as required by the City Engineer, during
grading operations. The monitor shall have the ability to stop work if visible dust
is seen escaping from the site, or if other measures specified in the Grading and
Rock Management Plan are not observed,
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City Council Resolution No. 22063 Page 16 of 22
Exhibit D_Conditions of Approval ,
DRAINAGE
48. All stormwater runoff passing through and falling onto the site shall be accepted
and conveyed to a new drainage system to be constructed as part .of the
development. On-site retention and other storm drainage facilities approved by
the City Engineer shall be required_
49. The Preliminary Hydrology Study entitled "The Boulders Tentative Tract Map No.
31095, prepared by Mainiero, Smith, & Associates (revised October 1, 2004),
shall be amended as necessary to reflect the revised site plan and preliminary
grading plan as shown on the revised Tentative Tract Map 31095 (dated
February 16, 2005). The Final Hydrology Study shall be reviewed and approved
by the City Engineer prior to approval of a grading plan.
50. Stormwater runoff generated off-site that historically outlets onto Chino Canyon
Road near Panorama Road shall be accepted and conveyed through a new
drainage system to be constructed as part of this development. The on-site
retention basin (Lot "C") shall be adequately sized to accept the off-site
stormwater runoff: Design standards, landscaping, aesthetic treatment, and
other improvements to on-site retention basins shall be made acceptable to the
Director of Planning Services.
51. The applicant shall install a drywell, or series of drywells, within each retention or
detention basin proposed In the development as necessary to .collect and
percolate stormwater runoff, .including nuisance water, from the tributary area
within the development that has drainage directed to the basin. The drywell(s)
shall be appropriately sized to accommodate the expected daily nuisance water,.
as well as runoff from ordinary storm events (2-year storm events), unless
otherwise approved by the City Engineer. Provisions shall be included in the
Covenants, Conditions and Restrictions (CC&R's) for this development that
require the routine maintenance of the drywalls by the Home Owners Association
HOA), including the right of the City to inspect and require the HOA to remove
and replace the drywells if they fail to function, causing stagnant water to
accumulate above ground within the basin. The City shall be given the right, in
the interest of,the public's health, safety, and welfare, to order the removal and
replacement of drywells in the event the HOA is nonresponsive to the City's
written notice, with costs to be recovered against the HOA by the City in
accordance with state and local laws and regulations.
52. Reserve private drainage easements across Lots within the map as necessary to
accept and convey off-site stormwater runoff through the development, as
required by the Final Hydrology Study reviewed and approved by the City
Engineer.
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City Council Resolution No, 22063 Page 17 of 22
Exhibit D-Conditions of Approval
53. The applicant shall be responsible for construction of drainage improvements,
including but not limited to retention basins, catch basins, storm drain lines, inlet
and outlet structures, for conveyance of off-site stormwater runoff and
management of on-site stormwater runoff, as described in a Final Hydrology
Study for the development, as approved by the City Engineer. The Preliminary
Hydrology Study for the development shall be amended to include catch basin
sizing, storm drain pipe sizing, inlet structure sizing, outlet structure sizing, and
retention basin sizing calculations and other specifications for construction of
required on-site storm drainage improvements_
54. Provisions for acceptance and conveyance of runoff of domestic water resulting
from maintenance operations or.as a result of rupture or other failure of the
Desert Water Agency water storage tanks and facilities shall be made to protect
the proposed development from flood hazards to the satisfaction of the City
Engineer.
55. All on-site storm drain systems, Including the off-site storm drain improvements
constructed in Chino Canyon Road, shall be privately maintained by a
Homeowners Association (HOA). Provisions for maintenance of the on-site storm
drain systems acceptable to the City Engineer shall be included in Covenants,
Conditions and Restrictions (CC&R's) required for this project.
56. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $6,511.00 per acre per Resolution
No. 15189. Fees shall be paid prior to Issuance of a building permit.
57. This project may be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPIaES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued for the
Whitewater River Region from the Colorado River Basin Regional Water Quality
Control Board (RWQCB). The applicant is advised that installation of BMP's,
including mechanical or other means for pre-treating stormwater runoff, may be.
required by regulations imposed by the RWQCB. It shall be the applicant's
responsibility to design and install appropriate BMP's, in accordance with the
NPDES Permit;that effectively intercept and pre-treat stormwater runoff from the
project site, prior to release to the City's municipal separate storm sewer system
MSS."), to the satisfaction of the City Engineer and the RWQCB. If required,
such measures shall be designed and installed on-site; and provisions for
perpetual maintenance of the measures shall be provided to the satisfaction of
the City Engineer, including provisions in Covenants, Conditions, and
Restrictions (CC&R's) required for the development.
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City Council Resolution No, 22063 Page 18 of 22
Exhibit D—Conditions of Approval
GENERAL
58. All on-site and off site street improvements, and all perimeter landscaping and
parkway improvements shall be completed prior to issuance of the first certificate
of ocoupancy
59. Any utility trenches or other excavations within existing asphalt concrete
pavement of.off-site streets required by the proposed development shall be
backfilled and repaired in accordance. with City of Palm Springs Standard
Drawing No. 115. The developer shall be responsible for removing; grinding,
paving and/or overlaying existing asphalt concrete pavement of off-site streets as
required by and at the discretion of the City Engineer, including additional
pavement repairs to pavement repairs made by utility companies for utilities
installed for the benefit of the proposed development (i.e. Desert Water Agency,
Southern California Edison, Southern California Gas Company, Time Warner,
Verizon, etc.). Multiple excavations, trenches, and other street cuts within
existing asphalt concrete pavement of off-site streets required by the proposed
development may require complete grinding and asphalt concrete overlay of the
affected off-site streets, at the discretion of the City Engineer. The pavement
condition of the existing off-site streets shall be returned to a condition equal to or
better than existed prior to construction of the proposed development.
60. On phases or elements of construction following initial site grading (e.g., sewer,
storm drain, or other utility work requiring trenching) associated with this project,
the applicant shall be responsible for coordinating the scheduled construction
with the Agua Caliente Band of Cahullla Indians, Tribal Historic Preservation
Officer or Tribal Archaeologist.' Unless the project site has previously been
waived from any requirements for Tribal monitoring, it is the applicant's
responsibility .to notify the Tribal Historic Preservation Officer, Richard Begay
760-883-1940), or.the Tribal Archaeologist, Patty luck (760-883-1926) for any
subsequent phases or 'elements of construction that might require Tribal
monitoring. If required, it is the responsibility .of the applicant to coordinate
scheduling of Tribal monitors during construction, and to arrange payment of any
required fees associated with Tribal monitoring. Tribal monitoring requirements
may extend to off-site construction performed by utility companies on behalf of
the applicant (e.g. utility line extensions in off-site streets), which shall be the
responsibility of the applicant to coordinate and arrange payment of any required
fees for the utility companies.
81, All proposed utility lines shall be installed underground.
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City Council Resolution No. 22063 Page 19 of 22
Exhibit D-Conditions of Approval
62. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code,
all existing and proposed electrical lines of thirty-five thousand volts or less and
overhead service drop conductors, and all gas, telephone, television cable
service, and similar service wires or lines, which are 'on-site; abutting, and/or
transacting, shall be installed underground unless specific restrictions are shown
in`.General Orders 95 and 128 of the California Public Utilities Commission, and
service requirements published by the utilities. The existing overhead utilities
across"the -northerly and southerly property lines meet the requirement to be
installed underground. A letter from the owners of th'e affected utilities small be
submitted to .,the•'' Engineering 'D.ivis'ion. prior to approval of a grading plan,
Informing the City that.they have been notified of the City's utility undergrounding
requirement and their intent to commence.design of utility unde'rgrounding plans.
Whenz>.available, the: utility.,`undergrounding plan shall lie submitted to the
Engineering; Division' identifying' all aboveground -facilities in the area of the
project to be underground e rtUndergrounding of existing-'overhead utility lines
shall be completed prior to issuance'of a certificate of occupancy.
63. °All'existing utilities shall be shown on the`grading acid street plans. The existing
and proposed -service laterals shall The shown from :the main line to the property
fine.
64. Upon approval of any Improvement plan by the Qty'Engineer, the improvement
plan shah be provided to the' City in 'digital format, consisting of a DWG
AutoCAD 2004 drawing file), DXF (AutoG'AD ASCII drawing exchange file), and
PDF• (Adobe,Acrobat 6.0 or greater) formats. Variation of the type and,format of
the -digital data to be submitted to the City may be authorized, upon prior
approval of the:tity Engineer.
65. The original improvement plans prepared for the proposed development and
approved by .the City Engineer shall be documented with record drawing 'as-
built" information and returned'to the Engineering Division prior to issuance of a
final certlficaW of occupancy. Any modifications or changes 'to approved
Improvement plans shall be 'submitted to the City Engineer for approval prior to
construction.
66. Nothing >shall be constructed or planted in the corrner' cut-off area of any .
intersection or) driveway which does or will exceed the height required to
maintain an. appropriate sight distance" per City of Palm Springs Zoning Code
Section 93.02.00, D.
67.. 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 Standard Drawing No. 904.
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City Council Resolution No. 22063 Page 20 of 22
Exhibit D- Conditions of Approval
MAP
68. A Final Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review and
approval. A 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 Division as part of the review of the Map. The Final Map shall
be approved by the City Council prior to issuance of building permits.
69. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the City Attorney for review and approval for any restrictions related
Engineering Division's recommendations. The CC&R's shall be approvedtotheggpP
by the City Attorney prior to approval of a Final Map,
70. Upon approval of a final map, the final map shall be provided to the City in G.I.S.
digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from
the Riverside County Transportation and Land Management Agency." G.I.S.
digital information shall consist of the following data: California Coordinate
System, CCS83 Zone 6 (In U.S. feet); monuments (ASCII drawing exchange file);
lot lines, rights-of-way, and centerlines shown as continuous lines; full map
annotation consistent with annotation shown on the map; map number, and map
file name. G.I.S. data format shall be provided on a CDROM/DVD containing the
following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or
Exchange file (eOO), DWG (AutoCAD 2004 drawing file), DGN (Microstation
drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe
Acrobat 6.0 or greater)formats. Variations of the type and format of GIS, digital
data to be submitted to the City may be authorized, upon prior approval of the
City Engineer.
71. Relocation or abandonment of record easemonts across the property shall be
performed in conjunction with or prior to approval-of a final map. The easements
shall be extinguished, quit-claimed, relocated or abandoned to facilitate
development of the subject property. Without evidence of the extinguishment,
quit-claim, relocation or abandonment of the record easement(s), building
permits for proposed buildings encumbered by the existing record easement(s)
will be withheld until such time as this easement Is removed of record and are not
an encumbrance to the affected lots.
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City Council Resolution No.22063 Page 21 of 22
Exhibit D—Conditions of Approval
TRAFFIC
72. As determined by the Traffic Study by George Dunn Engineering for this
development (as revised February 16, 2005), the following mitigation measure
will be required:
a_ Pay a fair share contribution determined as $3000 for the installation of a
future traffic signal at the Intersection of N. Palm Canyon Drive and Via
Escueia. The fair share contribution of $3000 shall be paid to the City of
Palm Springs prior to approval of a final map.
73. Traffic striping and signage plans prepared by a California registered civil
engineer shall be submitted to Caltrans for review and approval, to provide for
northbound and southbound left turn pockets with 40 feet of storage on North
Palm Canyon Drive and Via Escuels, in accordance with the traffic study
prepared by George Dunn Engineering (as revised December 11, 2003). Final
striping and traffic signage shall be installed and accepted by Caltrans and the
City Englneer prior to Issuance of a certiflcate of occupancy.
74. Street name signs shall be required at each on-site street intersection, as
required by the City Engineer, in accordance with City of Palm Springs Standard
Drawing Nos. 620 through 625. Developer shall create a street name sign
system reflective of special neighborhood standards.
75. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic at the following
locations in accordance with City of Palm Springs Standard Drawing Nos. 620-
625.
a. Northwest comer of Panorama Road and Chino Canyon Road
b_ Northwest corner of Vista Drive and Chino Canyon Road
c. Northwest comer of Leonard Road and.Via.Escuela
d. Southwest comer of Sanborn Way and Janis Drive
e. Northeast corner of Lot 10 (for eastbound traffic)
f. Southeast comer of Lot 30 (for southbound traffic)
g_ Northeast comer of Lot 13 (for eastbound traffic)
h. Northwest corner of Lot 32 (for northbound traffic)
76. Construction signing, lighting and barricading shall he 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
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City Council Resolution No.22063 Page 22 of 22
Exhibit D—Conditions of Approval
Construction and Maintenance Work Zones" dated 1996, or subsequent
additions in force at the time of construction.
77. This property is subject to the Transportation Uniform Mitigation Fee which shelf
be paid prior to issuance of building permit.
END OF CONDITIONS
22
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