HomeMy WebLinkAboutA7158 - JEN CALIFORNIA 3 , LLCRECORDING REQUESTED BY:
CITY OF PALM SPRINGS
AND WHEN RECORDED MAIL TO:
City of Palm Springs
P. O. Box 2743
Palm Springs, OA 92263
Attn: Office of the City Clerk
2018-0375377
09/19/2018 01:11 Pn Fee: $ 0.00
Page 1 of 49
Recorded in Official Records
County of Riverside
Peter fi ldana
Pssessoi—County Clerk-Recorder #046
Filing fee EXEMPT per Government Code 6103
SUBDIVISION IMPROVEMENT AGREEMENT
JEN CALIFORNIA 3, LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY
and
The City of Palm Springs, California
THIS AREA FOR
RECORDER'S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
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
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
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this _ _ day of 2018, by and between the
CITY OF PALM SPRINGS, a California charter city ("CITY"), and Jen California 3, Inc.,
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. 36689 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; Lot Q (Farrell Drive) and Lot R (Tahquitz Canyon Way) as
shown on Map for Public street purposes; an easement for Public Utilities and for
ingress and egress of Service and Emergency vehicles and personnel over those areas
designated as Lots A through F inclusive, designated as "Private Street"; Public Utility
Easements and Public Sidewalk Easements as indicated on Map.
C. Subdivider has delivered to City and City has approved plans and
specifications and related documents for certain "Works of Improvement" (as hereinafter
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
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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 $5,684.000.00.
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.
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 Survev 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 Warrantv bv Citv. 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 Authoritv of the Citv 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
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
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 thirtv (30) davs 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) vears 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
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. In connection with its performance under this
Agreement, Subdivider shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital
status, ancestry, national origin {i.e., place of origin, immigration status, cultural or
linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender
expression, physical or mental disability, or medical condition (each a "prohibited
basis"). Subdivider shall ensure that applicants are employed, and that employees are
treated during their employment, without regard to any prohibited basis. As a condition
precedent to City's lawful capacity to enter this Agreement, and in executing this
Agreement, Subdivider certifies that its actions and omissions hereunder shall not
incorporate any discrimination arising from or related to any prohibited basis in any
Subdivider activity, including but not limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship; and further, that Subdivider is in full compliance with the provisions of
Palm Springs Municipal Code Section 7.09.040, including without limitation the
provision of benefits, relating to non-discrimination in city contracting. This provision
shall also apply to any contractors or subcontractors engaged in construction of the
Works of Improvement.
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.
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 Subdiyider executes this Agreement, Subdiyider 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 proyisions of this Section 4 below
(hereinafter "Security Instruments"):
(i) A Security Instrument securing Subdiyider's faithful performance of all of the
Works of Improyement ("Faithful Performance Security Instrument"), in the amount of
$5.684.000.00 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 Improyement in an
amount equal to $2.842.000.00 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 effectiye for any purpose until such Security
Instruments are supplied to and approyed by City in accordance herewith.
(b) Required Security Instrument for Maintenance and Warranty. Prior to the
City Council's acceptance of the Works of Improyement and recordation of a Notice of
Completion, Subdiyider shall deliyer 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 $852.600.00 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
minimum requirements and otherwise shall be in a form proyided by City or otherwise
approyed by the City Attorney:
(a) Bonds. For Security Instruments proyided 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 haye 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 Securitv 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.
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.
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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 Securitv 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;
(ill) 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
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 Pavment to Citv 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. Warrantv 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
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
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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 Citv 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 Attornev'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. Indemnitv. 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
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
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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 Authoritv.The persons executing this Agreement on behalf of
the parties hereto warrant the (I) 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.
AIT
CALIFOR
CITY OF PALM SPRINGS,
Ready, City Manager
ED AGREEMENT
Anthony J. Mejia, MMC, City
STANDARD FORM CITY ATTORNEY
RECOMMENDED BY
Marcus L^i^ller, MPA, P.E., P.L.S.
Assistafit City Manager/City Engineer
SUBDIVIDER:
Jen California 3. Inc.. a California Limited Liabilitv Companv
Check one: Individual Partnership Corporation* )^Company
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
By:
Signature (notarized)
Name:_
Title:
By:
Signature (notarized)
Name:.
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
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST:
CALIFORNIA
CITY OF PALM SPRINGS.
Anthony J. Mejia, MMC City Clerk
of 5pir^vujS
APPROVED AS TO FORM:
—-(Lcbi-'—A ^
Edward Z. Kotkin I \J
City Attorney ^ .
Cv\vj Or
David H. Ready, City M
approved gy city council
bUk {\nm
SUBDIVIDER:
SIGNED IN COUNTERPART
.. a
Check one: Individual Partnership Corporation* Company
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
By:
SIGNED IN COUNTERPART
Signature (notarized)
By:
Signature (notarized)
Name:.
Title:
Name:
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
Mailing Address:
Cfo
GS^ CtJi Awgyv/t/£f
(2)L)
(aiL) (fax)
14
ALL-PURPOSE ACKNOWLEDGMENT
state of Nf.to YokK .
County of Vo^r ^0
On /before me, SfceMAOl^ .
Date Name, Title of Officer
personally appeared ( T^— ,
NAME(S) OF SIGNER(S)
G personally known to me - OR -
G proved to me on the basis of satisfactory evidence to be the
persons(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s) or the
entity upon behalf of which the persons(s) acted, executed the
instrument.
Witness my hand and official seal.
ol\£y>u^ —STEPHANIE ERRICO
Signature of Notary Notary Public, State of New York
NO.01ER4753742
Qualified In New York County ja
Commission Expires Sept. 18,20.J—
CAPACITY CLAIMED BY
SIGNER
gINDIVIDUAL(S)
gCORPORATE
OFFICER(S)
TITLE(S)
gPARTNER(S)
gATTORNEY-IN-FACT
gTRUSTEE(S)
gSUBSCRIBING witness
gGUARDIAN/CONSERVATOR
^THER
SIGNER IS REPRESENTING:
ATTENTION NOTARY: Although the Information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE OF DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
15
ACKNOWLEDGMENT
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 Gdliforma
County of
On U, before me,
(insert name and title of the officer)
personally appeared _ i£/^>oco/r'Z. ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that theTtogQi
paragraph is true and correct. v V \
STEPHANIE ERRICO ; ^'/'S n
Notary Public, State of NewYbrk r:
WITNESS my hand and official seal. Qualifi^hK^unty ifp L '
Commission Expires Sept. 18,20.lL ' \ /«n T.
Signati^>''\j^^>^^>^ (Seal)./
ACKNOWLEDGMENT OF INSTRUMENT
(Gal. 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 September 10, 2018, before me, ANTHONY J. MEJIA, CITY CLERK, CITY OF PALM
SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his official and authorized capacity, and that by his
signature on the instrument the person or entity upon behalf of which the person acted, executed the
agreement.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and the official seal of the City of Palm Springs, California, this 10^"^ day of
September, 2018.
Signature:
ANTHONY J. M^^IA, MMC
CITY CLERK
City of Palm Springs, California
Title or Type of Document
Subdivision Improvement Agreement
EXHIBIT "A"
TRACT MAP 36689 LEGAL DESCRIPTION
Tract Map No. 36689, as recorded in Map Book 4^, Pages _61, through ^ ^ inclusive, records
of Riverside County, California.
16
EXHIBIT "B"
TENTATIVE TRACT MAP 36689 CONDITIONS OF APPROVAL
17
Exhibit B.
Conditions of Approval
Case No. 5.1046 PDD 232 AMND, / TE / TTM 36689 / TPM 36767 / 3.3974 MAJ
"Vibe" (formerly JUL PS), located at the northeast corner Farrell Drive and Baristo Road
Time Extension on the Final Planned Development District & Major Architectural
September 27, 2017 (as revised 10-3-17 COA ADM 20)
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Director of
Building and Safety, 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 Attomey.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case
(5.1046 PDD 232 AMND / TE / TTM 36689 / TPM 36767 / 3.3974 MAJ);
except as modified with the approved Mitigation Monitoring Program and the
conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped February 1, 2017, and
Tract Map 36689 dated May 27, 2014 with the deletion of two multi-family
units as shown on the Technical Site Plan Tract Map 36689 dated April 17,
2017, including the site plan, site sections, vehicular entry details, phasing
plan, preliminary floor plans for single family and multi-family units the
tentative tract map and tentative parcel map on file in the Planning Division
except as modified by the conditions below and Mitigation Measures within
the Negative Declaration.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Tentative Tract Map 36689. These conditions apply to the Tentative Tract
Map, The Tentative Parcel Map, The Planned Development District (PDD
Conditions of Approval - Exhibit "A" - Planning Commission Resolution No. 6612
Case 5.1046 FDD 232 AMND / TE /TTM 36689 / TPM 36767 / 3.3974 MAJ "Vibe" (formerly "JUL PS")
September 27, 2017 -- Page 2 of 26
232) and the Major Architectural Application. This approval is subject to all
applicable regulations of the California Subdivision Map Act, the Palm Springs
Municipal Code, and any other applicable City Codes, ordinances and
resolutions.
ADM 6. Indemnification. 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 Case 5.1046 PDD 232 AMND / TTM 36689 / TPM 36767 /
3.3974 MAJ. The City of Palm Springs will promptly notify the applicant of
any such claim, action, or proceeding against the City of Palm Springs and
the applicant will either undertake defense of the matter and pay the City's
associated legal costs or will advance funds to pay for defense of the matter
by the City Attorney. If the City of Palm Springs fails to promptly notify the
applicant of any such claim, action or proceeding or fails to cooperate fully in
the defense, the applicant shall not, thereafter, be responsible to defend,
indemnify, or hold harmless the City of Palm Springs. Notwithstanding the
foregoing, the City retains the right to settle or abandon the matter without the
applicant's consent but should it do so, the City shall waive the
indemnification herein, except, the City's decision to settle or abandon a
matter following an adverse judgment or failure to appeal, shall not cause a
waiver of the indemnification rights herein.
ADM 7. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, 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, graffiti, 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.
ADM 8. Termination of Planned Development District. If the owner or owners of
property in the planned development district have not commenced substantial
construction by the end date of this Time Extension which is August 7, 2018,
the planned development district shall become null and void. For good cause
shown by the property owner, the planning commission may extend the term
of the approval of the PDD pursuant to the procedure outlined in Zoning Code
Section 94.12.00 ("Extension of Time").
ADM 9. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
Conditions of Approval - Exhibit "A" - Planning Commission Resolution No. 6612
Case 5.1046 FDD 232 AMND / TE / TTM 36689 / TPM 36767 / 3.3974 MAJ "Vibe" (formerly"JUL PS")
September 27, 2017- Page 3 of 26
ADM 10. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of
the Municipal Code regarding public art. The project shall either provide
public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee
shall be based upon the total building permit valuation as calculated pursuant
to the valuation table in the Uniform Building Code, the fee being 1/2% for
commercial projects or 1/4% for residential projects with first $100,000 of total
building permit valuation for individual single-family units exempt. Should the
public art be located on the project site, said location shall be reviewed and
approved by the Director of Planning and 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.
ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in
lieu of a dedication, at the option of the City. The in-lieu fee shall be
computed pursuant to Ordinance No. 1632, Section IV, by multiplying the
area of park to be dedicated by the fair market value of the land being
developed plus the cost to acquire and improve the property plus the fair
share contribution, less any credit given by the City, as may be reasonably
determined by the City based upon the formula contained in Ordinance No.
1632. In accordance with the Ordinance, the following areas or features shall
not be eligible for private park credit: golf courses, yards, court areas,
setbacks, development edges, slopes in hillside areas (unless the area
includes a public trail), landscaped development entries, meandering
streams, land held as open space for wildlife habitat, flood retention facilities
and circulation improvements such as bicycle, hiking and equestrian trails
(unless such systems are directly linked to the City's community-wide system
and shown on the City's master plan).
ADM 12. Tribal Fees NOT Required.
ADM 13. Local Development Mitigation Fee (LDMF) reauired. The project is subject to
payment of the LDMF fees pursuant to the requirements of the Coachella
Valley Multiple Species Habitat Conservation Plan.
ADM 14. Compiv with Citv Noise Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
ADM 15. CC&R's 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 for approval in a format to be approved by the City
Attorney. These CC&R's may 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
ADM 16. CC&R's Prior to recordation of a final Tentative Tract Map or issuance of
building permits, the applicant shall submit a draft declaration of covenants,
conditions and restrictions ("CC&R's") to the Director of Planning for approval
Conditions of Approval - Exhibit "A" - Planning Commission Resolution No. 6612
Case 5.1046 FDD 232 AMND / TE / TTM 36689 / TPM 36767 / 3.3974 MAJ "Vibe" (formerly "JUL PS")
September 27, 2017 - Page 4 of 26
In a format to be approved by the City Attorney. The draft GC&R package
shall include:
a. The document to convey title
b. Deed restrictions, easements, of Covenant Conditions and Restrictions to
be recorded.
c. Provisions for joint access to the proposed parcels, and any open space
restrictions.
d. A provision, which provides that the CC&R's may not be terminated or
substantially amended without the consent of the City and the developer's
successor-in-interest.
Approved CC&R's are to be recorded following approval of the final map.
The CC&R's may 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,
ADM 17. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm
Springs, a deposit in the amount of $3,500, for the review of the CC&R's by
the City Attorney. A $675 filing fee shall also be paid to the City Planning
Department for administrative review purposes
ADM 18. CC&R's Noise Disclosure. The CC&R's shall have a disclosure statement
regarding the location of the project relative to roadway noise. City special
events, roadway closures for special events, and other activities which may
occur in the vicinity of the Palm Springs Mall, Palm Springs High School, The
Palm Springs Stadium and Sunrise Park. Said disclosure shall inform
perspective buyers about traffic, noise and other activities which may occur in
this area.
ADM 19. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
ADM 20. Limit on short term rentals. The applicant shall include a condition in the
project's CC&R limiting the term for rentals of the units in this development to
a 30-day minimum rental period to prevent them from being used on a short-
term vacation rental basis.
ADM 21. Open Pedestrian Gates. Maintain the pedestrian gates that lead into the
common areas of the development unlocked and open from dawn to dusk.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
Conditions of Approval - Exhibit "A" - Pianning Commission Resolution No. 6612
Case 5.1046 FDD 232 AMND / TE / TTM 36689 / TPM 36767 / 3.3974 MAJ "Vibe" (formerly "JUL PS")
September 27, 2017 -- Page 5 of 26
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
Planning Commission or City Council determination). This fee shall be
submitted by the City to the County Clerk with the Notice of Determination.
Action on this application shall not be final until such fee is paid. The project
may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfq.ca.qoy for more information.
ENV 2. Mitiqation Monitorinq. The mitigation measures of the Mitigated Negative
Declaration shall apply. The applicant shall submit a signed agreement that
the mitigation measures outlined as part of the mitigated negative declaration
will be included in the plans prior to approval by the Planning Commission of
the Final PDD and the Major Architectural Application.
ENV 3. Cultural Resource Survey Required. Prior to any ground disturbing activity,
including clearing and grubbing, installation of utilities, and/or any
construction related excavation, an Archaeologist qualified according to the
Secretary of the Interior's Standards and Guidelines, shall be employed to
survey the area for the presence of cultural resources identifiable on the
ground surface.
ENV 4. Cultural Resource Site Monitorinq. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
be present during all ground-disturbing activities, (check for duplication in
engineering conditions)
a). A Native American Monitor(s) shall be present during all ground disturbing
activities including clearing and grubbing, excavation, burial of utilities,
planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla
Indian Cultural Office for additional information on the use and availability of
Cultural Resource Monitors. Should buried cultural deposits be encountered,
the Monitor shall contact the Director of Planning. After consultation the
Director shall have the authority to halt destructive construction and shall
notify a Qualified Archaeologist to further investigate the site. If necessary,
the Qualified Archaeologist shall prepare a treatment plan for submission to
the State Historic Preservation Officer and Agua Caliente Cultural Resource
Coordinator for approval.
b). Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record search
results and site records/updates shall be forwarded to the Tribal Planning,
Building, and Engineering Department and one copy to the City Planning
Department prior to final inspection.
PLANNING DEPARTMENT CONDITIONS
PIN 1. Outdoor Liqhtinq Conformance. Exterior lighting plans, including a
Conditions of Approval - Exhibit "A" - Planning Commission Resolution No. 6612
Case 5.1046 FDD 232 AMND / TE / TTM 36689 / TPM 36767 / 3.3974 MAJ "Vibe" (formerly "JUL PS")
September 27, 2017 - Page 6 of 26
photometric site plan showing the project's conformance with Section
93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance,
shall be submitted for approval by the Department of Planning prior to
issuance of a building permit. Manufacturer's cut sheets of all exterior lighting
on the building and in the landscaping shall be included. If lights are proposed
to be mounted on buildings, down-lights shall be utilized. No lighting of
hillsides is permitted.
PIN 2. Water Efficient Landscaping Conformance. The project is subject to the
Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs
Municipal Code and all other water efficient landscape ordinances. The
applicant shall submit a landscape and irrigation plan to the Director of
Planning for review and approval prior to the issuance of a building permit.
Landscape plans shall be wet stamped and approved by the Riverside
County Agricultural Commissioner's Office prior to submittal. Prior to
submittal to the City, landscape plans shall also be certified by the local water
agency that they are in conformance with the water agency and the State's
Water Efficient Landscape Ordinances.
PLN 3. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00. The applicant shall submit a sign permits and/or
program to the Department of Planning Services prior to the issuance of
building permits.
PLN 4. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must
conform to California Title 24 thermal standards for "Cool Roofs". Only matte
(non-specular) roofing is allowed in colors such as beige or tan.
PLN 5. Maintenance of Awnings & Proiections. All awnings shall be maintained and
periodically cleaned.
PLN 6. Screen Roof-mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 7. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be
permitted on any facade on the proposed building(s) that are visible from
adjacent streets or residential and commercial areas.
PLN 8. Pool Enclosure Approval Required. Details of fencing or walls around pools
(material and color) and pool equipment areas shall be submitted for approval
by the Planning Department prior to issuance of Building Permits.
PLN 9. Exterior Alarms & Audio Svstems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 10. Outside Storage Prohibited. No outside storage of any kind shall be
Conditions of Approval - Exhibit "A" - Planning Commission Resolution No. 6612
Case 5.1046 FDD 232 AMND / TE / TTM 36689 / TPM 36767 / 3.3974 MAJ "Vibe" (formerly "JUL PS")
September 27, 2017 — Page 7 of 26
permitted except as approved as a part of the proposed plan.
PLN 11. Bicvcle Parking. The project shall be required to provide secure bicycle
parking facilities on site for use by residents and guests. Location shall be
adjacent to the historic interpretative feature at the corner of South Farrell
Drive and East Baristo Road and adjacent to the community swimming pool
within the development. Design approval shall be by the Director of Planning.
PLN 12. Update of City's Zoning Map. Upon approval of the proposed Change of
Zone, Tract Map and/or Planned Development District, the applicant shall be
responsible for costs associated with update of the City's GIS based zoning
maps.
PLN 13. Maximum height. All structures shall not exceed 24 feet and/or 2 stories.
Architectural projections pursuant to Zoning Code Section 93.03.00.
PLN 14. Provide all public benefits proposed in the Preliminary Planned Development
District approval except the entry sign along Tahquitz, as follows:
All units to be pre-wired for photovoltaic solar collectors.
Energy Efficiency: All structures must demonstrate energy efficiency 10%
greater than required by the California Building Code. (This will need to
be verified at the time of plan check and building permit application by a
written affidavit and evidence in the project's Title 24 calculation sheets.)
Offer prospective buyers of single family units options of purchase and
installation of photovoltaic systems.
Offer prospective buyers other energy efficient upgrades, not limited to
lighting, pool motors, appliances, wireless temperature setback
controllers, etc.
Require installation of photovoltaic solar collectors on the multi-family
units.
Submit a comprehensive archival record on the World War II era tie-
downs and other related structures on the site (to be coordinated with the
Planning Department and the Palm Springs Historical Society).
PLN 15. Perimeter wall design shall not exceed six (6) feet in height as measured from
the adjacent grade on the public street side of the perimeter wall. Wall
heights shall be permitted to vary with the adjacent topography and
landscape berms as long as they remain consistent at six (6) feet in height.
PLN 16. Provide a full interpretative center display for public viewing (photos,
narrative, etc.) to be located at the northeast corner of South Farrell Drive and
East Baristo Road. Review is required for input and recommendation from
Historic Site Preservation Board. Bottom of exhibit panels shall be open to
roughly 18 inches above pavement for cleaning and maintenance.
Interpretative center shall be illuminated for nighttime safety pursuant to the
City's Outdoor Lighting Ordinance.
Conditions of Approval - Exhibit "A" - Planning Commission Resolution No. 6612
Case 5.1046 FDD 232 AMND / TE / TTM 36689 / TPM 36767 / 3.3974 MAJ "Vibe" (formerly "JUL PS")
September 27, 2017 -- Page 8 of 26
PLN 17. No turf is allowed in front yards on all single family units. Turf is allowed in
play areas within the common areas in the multi-family area, including the
circular open space green near the corner of South Farrell Drive and East
Baristo Road, at the proposed dog parks, and other areas as outlined on the
approved site plan.
PLN 18. Provide irrigation with "smart controllers" for all parts of the development.
PLN 19. Photovoltaic svstems must be installed on all multi-family buildings.
PLN 20. Provide 24 foot wide streets in recognition of the additional off-street parking
provided throughout the development.
PLN 21. Class 2 Bikewav along South Farrell Drive. Applicant shall pay their
proportionate fair share of the development of a Class 2 Bike way
(thermoplastic striping on the roadway pavement, etc.) along the South Farrell
Drive frontage of the project. Striping specifications and coordination to be
implemented as outlined by the City's Engineering / Public Works
Department.
PLN 22. No third floor roof decks. There shall be no third floor roof decks on any of
the proposed buildings.
PLN 23. Louella Road Entrance. Revise the Louella Road entrance, median islands,
pavement (lane) striping, and turn-around area to address potential traffic
congestion at the vehicular gate and to allow left turn out of the proposed
development.
PLN 24. Pools adiacent to walls. Swimming pools, spas, "spools" and similar water
features shall be located not closer than three (3) feet from perimeter walls
and/or common privacy walls between units and/or walls of adjacent
residential units and the waterline of the pool. In no case shall water features
extend over or across property lines.
PLN 25. Guest Parking. Spaces shall conform in dimension and design to Zoning
Code Section 93.06.00.
POLICE DEPARTMENT CONDITIONS
P0L1. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such
Conditions of Approval - Exhibit "A" - Planning Commission Resolution No. 6612
Case 5.1046 FDD 232 AMND / TE / TTM 36689 / TPM 36767 / 3.3974 MAJ "Vibe" (formerly "JUL PS")
September 27, 2017 — Page 9 of 26
approval is subject to the following conditions being completed in compliance with City
standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
All Grading Plans, Improvement Plans, Required Studies and Documents listed below,
must be submitted to Engineering Services Department for review and approval.
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
ENG 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.
FARRELL DRIVE
ENG 3. Construct a bus turnout for the existing bus stop at the northeast corner of
Farrell Drive and Baristo Road, the applicant shall be responsible for the
following:
a. Dedicate additional right-of-way concentric with the back of sidewalk
adjacent to the bus turn-out.
b. Remove the existing curb, gutter, and sidewalk as necessary to
construct a 170 feet long by 12 feet wide bus turn-out at the northeast
corner of Farrell Drive and Baristo Road, in the same location as the
existing bus stop. The existing bus stop shelter shall be relocated; or if
required by the Director of Planning, the existing bus stop shelter shall
be removed, and construction of a new bus stop shelter shall be
required, with a design compatible to project architecture as reviewed
by Sunline Transit Agency and approved by the Director of Planning.
Bus stop furniture and other accessories, as reviewed by Sun Line
Transit Agency and approved by the Director of Planning, shall be
provided by the applicant, as required.
c. Construct an 8 feet wide sidewalk behind the curb concentric with the
bus turn out in accordance with City of Palm Springs Standard Drawing
No. 210.
d. Construct pavement with a minimum pavement section of 3 inches
asphalt concrete pavement over 6 inches crushed miscellaneous base
with a minimum subgrade of 24 inches at 95% relative compaction, or
equal, from edge of proposed bus turn out to clean sawcut edge of
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pavement. 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.
ENG 4. All broken or off grade street improvements shall be repaired or replaced.
TAHQUITZ CANYON WAY
ENG 5. Remove the existing curb ramp at the southwest corner of Tahquitz
Canyon Way and Louella Road, and construct a Type A curb ramp in
accordance with City of Palm Springs Standard Drawing No. 212.
ENG 6. The developer shall remove portions of the existing sidewalk as necessary
to plant new Washingtonia Filliferas palm trees with tree wells along the
Tahquitz Canyon Way frontage, at 60 feet spacing. New palm trees shall
have a height consistent with other palm trees along Tahquitz Canyon
Way in the vicinity, unless otherwise required by the Director of Planning.
The applicant shall be responsible for installation of an irrigation system
and for the perpetual maintenance of the new palm trees and other
parkway landscaping along the Tahquitz Canyon Way frontage to the
satisfaction of the City Engineer.
ENG 7. All broken or off grade street improvements shall be repaired or replaced.
BARISTO ROAD
ENG 8. Remove the existing 6 inch curb, gutter, sidewalk, and curb ramp as
necessary to construct a 55 feet wide new street intersection for the Main
Entry with the centerline of the Main Entry aligned with the centerline of
Compadre Road. The Main Entry shall be constructed with 25 feet radius
curb returns and spandrels, and a 6 feet wide cross-gutter, in accordance
with City of Palm Springs Standard Drawing No. 200 and 206. The Main
Entry shall be constructed with a 20 feet wide ingress and egress lane
separated by a raised 10 feet wide median. The median shall be located
outside of public right-of-way.
ENG 9. The gated entry design of the Main Entry, including widths of ingress and
egress lanes, shall be subject to the review and approval by the City
Engineer and Fire Marshall. Emergency access shall be provided to the
Fire Department to the satisfaction of the Fire Marshall.
ENG 10. Construct a Type A curb ramp meeting current California State
Accessibility standards on each side of the secondary access in
accordance with City of Palm Springs Standard Drawing No. 212.
ENG 11. All broken or off grade street improvements shall be repaired or replaced.
Conditions of Approval - Exhibit "A" - Planning Commission Resolution No. 6612
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LOUELLA ROAD (PRIVATE)
ENG 12. The applicant shall provide proof of access rights to Louella Road;
documentation shall be provided to the City Engineer prior to approval of a
final map. Absent documentation showing proof of access rights to
Louella Road, as determined by the City Engineer, the applicant shall
obtain an access easement over Louella Road as necessary to provide
legal access to the project.
ENG 13. Remove the two existing driveway entrances (and curb returns) on the
west side of Louella Road into the property and replace with 6 inch curb
and gutter to match existing curb and gutter on each side of the two
driveway entrances.
ENG 14. Remove the existing 6 inch curb and gutter as necessary to construct a 50
feet wide new street intersection for the Secondary Access with the
centerline of the Secondary Access located approximately 125 feet south
of the north property line aligned with the existing median opening in
Louella Road. The street intersection shall be constructed with 25 feet
radius curb returns and spandrels, and a 6 feet wide cross-gutter, in
accordance with City of Palm Springs Standard Drawing No. 200 and 206.
ENG 15. The gated entry design of the Main Entry, including widths of ingress and
egress lanes, shall be subject to the review and approval by the City
Engineer and Fire Marshall. Emergency access shall be provided to the
Fire Department to the satisfaction of the Fire Marshall.
ENG 16. Construct a Type A curb ramp meeting current California State
Accessibility standards on each side of the Secondary Access in
accordance with City of Palm Springs Standard Drawing No. 212.
ENG 17. All broken or off grade street improvements shall be repaired or replaced.
ON-SITE PRIVATE STREETS
ENG 18. Dedicate easements for public utility purposes, with the right of ingress
and egress for service and emergency vehicles and personnel over the
proposed private streets.
ENG 19. All on-site private streets shall be two-way with a minimum 24 feet wide
travelway (as measured from face of curb) where no on-street parking is
proposed.
ENG 20. All on-site streets shall be constructed with standard 6 inch curb and
gutter. A wedge curb, a mow strip at roadway grade, or other approved
curbs, and cross gutters, as necessary to accept and convey street
Conditions of Approval - Exhibit "A" - Planning Commission Resolution No. 6612
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surface drainage of the on-site streets to the on-site drainage system.
Construct a Type B2 gutter, modified to 3 feet wide, along the centerline of
the on-site private streets in accordance with City of Palm Springs
Standard Drawing No. 200.
ENG 21. All on-site streets shall be constructed with a minimum pavement section
of 2!4 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.
ENG 22. Parking shall be restricted along both sides of the 24 feet wide on-site
private streets, as necessary to maintain a minimum 24 feet wide clear
two-way travel way. Regulatory Type R26 "No Parking" signs or red curb
shall be installed along the private streets as necessary to enforce parking
restrictions. The Home Owners Association (HOA) shall be responsible for
regulating and maintaining required no parking restrictions, which shall be
included in Covenants, Conditions, and Restrictions (CC&R's) required for
the development.
ENG 23. The gated entries at Baristo Road and Main Entry and the entry at Louella
Road (Private) are subject to review and approval by the City Engineer
and Fire Marshall. The applicant shall provide an exhibit showing truck
turning movements around the entry, demonstrating the ability of standard
size vehicles to maneuver through the entry (without reversing) if unable
to enter the project. A minimum of 50 feet shall be provided between the
back of sidewalk on the adjacent street and the gated entry
directory/control panel, with an approved maneuvering area provided
between the directory/control panel and the entry gates. The ingress and
egress lanes shall be a minimum of 20 feet wide, unless otherwise
approved by the Fire Marshall. A Knox Key operated switch shall be
installed at every automatic gate. Secured automated vehicle gates or
entries shall utilize a combination of a Tomar Strobeswitch (TM), or
approved equal, and an approved Knox key electric switch when required
by the fire code official. Secured non-automated vehicle gates or entries
shall utilize an approved padlock or chain (maximum link or lock shackle
size of % inch) when requires by the fire code official. In the event of a
power failure, the gates shall be defaulted or automatically transferred to a
fail safe mode allowing the gate to be pushed open without the use of
special knowledge or any equipment. If a two-gate system is used, the
override switch must open both gates.
SANITARY SEWER
ENG 24. Any existing on-site sewer improvements shall be removed as required by
Conditions of Approval - Exhibit "A" - Planning Commission Resolution No. 6612
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the City Engineer.
ENG 25. All sanitary facilities shall be connected to the public sewer system. New
laterals shall not be connected at manholes.
ENG 26. Construct an on-site private sewer system to collect sewage from the
development and connect to the existing public sewer system. Sewer
plans shall be submitted to the Engineering Division for review and
approval. Private on-slte sewer mains shall conform to City sewer design
standards, Including construction of 8 Inch V.C.P. sewer main and
standard sewer manholes. A profile view of the on-slte private sewer
mains Is not necessary If sufficient Invert Information Is provided In the
plan view, Including elevations with conflicting utility lines. Plans for
sewers other than the private on-slte sewer mains, I.e. building sewers
and laterals from the buildings to the on-slte private sewer mains, are
subject to separate review and approval by the Building Division.
ENG 27. The on-slte private sewer system shall not connect to an existing sewer
manhole within Barlsto Road. The on-slte sewer system shall connect to
the sewer main with a standard sewer lateral connection In accordance
with City of Palm Springs Standard Drawing No. 405.
ENG 28. All on-slte sewer systems shall be privately maintained by a Home
Owners Association (HOA). Provisions for maintenance of the on-slte
sewer system acceptable to the City Engineer shall be Included In the
Covenants, Conditions and Restrictions (CC&R's) required for this project.
GRADING
ENG 29. Submit a Precise Grading and Paving Plan prepared by a California
registered civil engineer to the Engineering Division for review and
approval. The Precise Grading and Paving Plan shall be approved by the
City Engineer prior to issuance of grading permit.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or Its
grading contractor and submitted to the Engineering Division for review
and approval. The applicant and/or Its grading contractor shall be
required to comply with Chapter 8.50 of the City of Palm Springs Municipal
Code, and shall be required to utilize one or more "Coachella Valley Best
Available Control Measures" as identified In the Coachella Valley Fugitive
Dust Control Handbook for each fugitive dust source such that the
applicable performance standards are met. The applicant's or Its
contractor's Fugitive Dust Control Plan shall be prepared by staff that has
completed the South Coast Air Quality Management District (AQMD)
Coachella Valley Fugitive Dust Control Class. The applicant and/or Its
grading contractor shall provide the Engineering Division with current and
valid Certlflcate(s) of Completion from AQMD for staff that have completed
Conditions of Approval - Exhibit "A" - Planning Commission Resolution No. 6612
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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.AQiVID.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 Precise Grading and Paving Plan.
b. The first submittal of the Precise Grading and Paving 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 the Soils
Report; a copy of the associated Hydrology Study/Report and copy of the
project-specific Final Water Quality Management Plan.
ENG 30. In accordance with an approved PM-10 Dust Control Plan, perimeter
fencing shall be installed. Fencing shall have screening that is tan in
color; green screening will not be allowed. Perimeter fencing shall be
installed after issuance of Grading Permit, and immediately prior to
commencement of grading operations.
ENG 31. Perimeter fence screening shall be appropriately maintained, as required
by the City Engineer. Cuts (vents) made into the perimeter fence
screening shall not be allowed. Perimeter fencing shall be adequately
anchored into the ground to resist wind loading.
ENG 32. Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed
areas on-site shall be permanently stabilized, in accordance with Palm
Springs Municipal Code Section 8.50.022. Following stabilization of all
disturbed areas, perimeter fencing shall be removed, as required by the
City Engineer.
ENG 33. Prior to approval of a Grading Plan (or issuance of a Grading Permit), 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 ( a copy of the written approval must be
provided to the City) . The applicant shall contact the Tribal Historic
Preservation Officer or the Tribal Archaeologist at ACBCI-
THPO(g)aquacaliente.net 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.
Conditions of Approval - Exhibit "A" - Planning Commission Resolution No. 6612
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ENG 34. Drainage swales shall be provided adjacent to all curbs and sidewalks to
keep nuisance water from entering the public streets, roadways, or
gutters.
ENG 35. 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.
ENG 36. A Notice of Intent (NCI) to comply with the California General Construction
Stormwater Permit (VVater Quality Order 2009-009-DWQ as modified
September 2, 2009) is required for the proposed development via the
California Regional Water Quality Control Board online SMARTS system.
A copy of the executed letter issuing a Waste Discharge Identification
(WDID) number shall be provided to the City Engineer prior to issuance of
a grading or building permit.
ENG 37. 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 property and development.
ENG 38. A 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. Stockpiled fill existing on the site shall
be addressed in the report. A copy of the soils report shall be submitted to
the Building Department and to the Engineering Division prior to approval
of the Grading Plan.
ENG 39. 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).
WATER QUALITY MANAGEMENT PLAN
ENG 40. This project shall be required to install measures in accordance with
Conditions of Approval - Exhibit "A" - Planning Commission Resolution No. 6612
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applicable National Pollution Discharge Elimination System (NPDES) 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 contaminated stormwater and non-stormwater runoff, shall 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
contaminated stormwater and non-stormwater runoff from the project site,
prior to release to the City's municipal separate storm sewer system
("MS4"), to the satisfaction of the City Engineer and the RWQCB. 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 (if
any).
ENG 41. This project requires preparation and implementation of a stormwater
prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall
include a post-construction management plan (including Best
Management Practices) in accordance with the current Construction
General Permit. The approved final project-specific Water Quality
Management Plan shall be incorporated by reference or attached to the
SWPPP as the Post-Construction Management Plan. A copy of the up-to-
date SWPPP shall be kept at the project site and be available for review
upon request.
ENG 42. A Final Project-Specific Water Quality Management Plan (WQMP) shall be
submitted to and approved by the City Engineer prior to issuance of a
grading or building permit. The WQMP shall address the implementation
of operational Best Management Practices (BMP's) necessary to
accommodate nuisance water and storm water runoff from the site. Direct
release of nuisance water to the adjacent property (or public streets) is
prohibited. Construction of operational BMP's shall be incorporated into
the Precise Grading and Paving Plan.
ENG 43. Prior to issuance of any grading or building permits, the property owner
shall record a "Covenant and Agreement" with the County-Clerk Recorder
or other instrument on a standardized form to inform future property
owners of the requirement to implement the approved Final Project-
Specific Water Quality Management Plan (WQMP). Other alternative
instruments for requiring implementation of the approved Final Project-
Specific WQMP include: requiring the implementation of the Final Project-
Specific WQMP in Home Owners Association or Property Owner
Association Covenants, Conditions, and Restrictions (CC&Rs); formation
of Landscape, Lighting and Maintenance Districts, Assessment Districts or
Conditions of Approval - Exhibit "A" - Planning Commission Resolution No. 6612
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Community Service Areas responsible for implementing the Final Project-
Specific WQMP; or equivalent. Alternative instruments must be approved
by the City Engineer prior to issuance of any grading or building permits.
ENG 44. Prior to issuance of certificate of occupancy or fi nal City approvals (OR of
"final" approval by City), the applicant shall: (a) demonstrate that all
structural BMP's have been constructed and installed in conformance with
approved plans and specifications; (b) demonstrate that applicant is
prepared to implement all non-structureI BMP's included in the approved
Final Project-Specific WQMP, conditions of approval, or grading/building
permit conditions; and (c) demonstrate that an adequate number of copies
of the approved Final Project-Specific WQMP are available for the future
owners (where applicable).
DRAINAGE
ENG 45. All stormwater runoff passing through the site shall be accepted and
conveyed across the property in a manner acceptable to the City
Engineer. For all stormwater runoff falling on the site, on-site retention or
other facilities approved by the City Engineer shall be required to contain
the increased stormwater runoff generated by the development of the
property. Provide a hydrology study to determine the volume of increased
stormwater runoff due to development of the site, and to determine
required stormwater runoff mitigation measures for the proposed
development. Final retention basin sizing and other stormwater runoff
mitigation measures shall be determined upon review and approval of the
hydrology study by the City Engineer and may require redesign or
changes to site configuration or layout consistent with the findings of the
final hydrology study. No more than 40-50% of the street frontage
parkway/setback areas should be designed as retention basins. On-site
open space, in conjunction with dry wells and other subsurface solutions
should be considered as alternatives to using landscaped parkways for
on-site retention.
ENG 46. The On-site flood control basin shall be sized to accommodate 100% of
the increased runoff. As an alternative to the on-site retention the
applicant may choose the construction of Storm Drain Lateral 20C and
20CA, extending in El Cielo Road from Ramon Road to Baristo Road, and
extending in Baristo Road to the project site, as shown on the Master
Drainage Plan for the Palm Springs Area, administered by the Riverside
County Flood Control & Water Conservation District (RCFC), as
necessary to accept stormwater runoff from the project site. Plans have
been prepared by the City for Storm Drain Lateral 20C and Storm Drain
Lateral 20CA, and construction of said Storm Drain lines shall be
completed prior to issuance of a certificate of occupancy.
ENG 47. The project is subject to flood control and drainage implementation fees.
The acreage drainage fee at the present time is $9,212.00 per acre per
Resolution No. 15189. Based on the 24.00 acre size of the project site as
Conditions of Approval - Exhibit "A" - Planning Commission Resolution No. 6612
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shown on the Tentative Tract Map, the project is responsible for payment
of $221,088 in drainage implementation fees. If applicant constructs
Storm Drain Lateral 20C and 20CA, the applicant shall be eligible for
credit up to the maximum drainage implementation fee of $221,088
otherwise due.
ENG 48. The project is subject to drainage implementation fees, however, any
validated costs incurred by the applicant for construction of Storm Drain
Lateral 20C and 20CA may be credited toward the drainage fee otherwise
due. In the event validated costs exceed the drainage implementation fee
otherwise due, at the request of the applicant, the City may enter into a
reimbursement agreement with the applicant for reimbursement of excess
costs. Following completion and acceptance of the construction of Storm
Drain Lateral 20C and 20CA by RCFG and the City Engineer, if
reimbursement of excess costs is requested in writing by the applicant, the
applicant shall submit a formal request for preparation of a Drainage
Reimbursement Agreement and a $2,500 deposit for City staff time
associated with the preparation of the Drainage Reimbursement
Agreement, including City Attorney fees. The applicant shall be
responsible for payment of all associated staff time and expenses
necessary in the preparation and processing of the Drainage
Reimbursement Agreement with the City Council, and shall submit
additional deposits as necessary when requested by the City, which are
included in the amount that may be reimbursed to the applicant through
the Drainage Reimbursement Agreement. The Drainage Reimbursement
Agreement is subject to the City Council's review and approval, and its
approval is not guaranteed nor implied by this condition.
ENG 49. Submit storm drain improvement plans for all on-site storm drainage
system facilities for review and approval by the City Engineer.
ENG 50. All on-site storm drain systems 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.
GENERAL
ENG 51. 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
Conditions of Approval - Exhibit "A" - Planning Commission Resolution No. 6612
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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.
ENG 52. All proposed utility lines shall be installed underground.
ENG 53. All existing utilities shall be shown on the improvement plans required for
the project. The existing and proposed service laterals shall be shown
from the main line to the property line.
ENG 54. Upon approval of any improvement plan by the City Engineer, the
improvement plan shall be provided to the City in digital format, consisting
of a DWG (AutoCAD drawing file) and DXF (AutoCAD ASCII drawing
exchange file). Variation of the type and format of the digital data to be
submitted to the City may be authorized, upon prior approval of the City
Engineer.
ENG 55. 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 certificate of occupancy. Any modifications or
changes to approved improvement plans shall be submitted to the City
Engineer for approval prior to construction.
ENG 56. Nothing shall be constructed or planted in the corner cut-off area of any
driveway which does or will exceed the height required to maintain an
appropriate sight distance per City of Palm Springs Zoning Code Section
93.02.00, D.
ENG 57. 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.
MAP
ENG 58. The developer shall apply for an annexation to the City of Palm Springs
Community Facilities District established for public safety services and
submit required applications, waivers, and consent forms to the
annexation prior to approval of a final map. Payment of an annexation fee
($7,500) and shall be made at the time of the application. The annexation
shall be completed by action of the city council in a public hearing, prior to
Conditions of Approval - Exhibit "A" - Planning Commission Resolution No. 6612
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processing a final map for approval.
ENG 59. 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.
ENG 60. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the City Engineer for review and approval for any restrictions
related to the Engineering Division's recommendations. The CC&R's shall
be provided with the first submittal of the final map, and shall be approved
by the City Engineer prior to approval of the Final Map.
ENG 61. 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, DWG (AutoCAD drawing file), DGN (Microstation drawing
file), and DXF (AutoCAD ASCII drawing exchange file). Variations of the
type and format of G.I.S. digital data to be submitted to the City may be
authorized, upon prior approval of the City Engineer.
ENG 62. Relocation or abandonment of record easements across the property shall
be performed in conjunction with or prior to approval of a final map. The
easements, identified as an easement to Water Company recorded as
Instrument on March 5, 1987 in Map Book 68, Page 471; easements to be
abandoned for sewer, water, and public utilities over certain lettered lots
as shown and dedicated on Tract Map 10346; an easement to be
abandoned for pipe lines and incidental purposes, in favor of Southern
California Gas Company recorded as Instrument No. 216081 on October
11, 1979; easements for walls, encroachments, utilities, ingress and
egress and incidental purposes recorded as Instrument No. 233274 on
November 1, 1979; and an easement for pole lines, conduits and
incidental purposes, in favor of General Telephone Company of California
recorded as Instrument No. 212740 on November 13, 1980, shall be
extinguished, quit-claimed, relocated or abandoned to facilitate
development of the subject property. All record easements shall be
Conditions of Approval - Exhibit "A" - Planning Commission Resolution No. 6612
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extinguished, quit-claimed, reiocated or abandoned to facilitate
development of the subject property. Without evidence of such, proposed
individual lots encumbered by existing record easements are rendered
unbuildable until such time as these easements are removed of record
and are not an encumbrance to the affected lots.
ENG 63. Acceptance of public improvements required of this development shall be
completed by resolution of the City Council to release the faithful
performance bond and acceptance of replacement maintenance bond to
be held for one year. An inspection will be performed nine months after
said acceptance as part of the notice of completion process, a notice of
completion will be filed certifying the improvements are complete.
TRAFFIC
ENG 64. Based on the Traffic Study submitted by Endo Engineering on January
2005, the following mitigation measures will be required, and as modified
by Arch Beach Consulting Traffic Impact Study dated, November 15,
2013:
a. Install a traffic signal at the intersection of Civic Drive and Tahquitz
Canyon Way. The applicant shall submit traffic signal installation plans
prepared by a California registered Civil Engineer or Traffic Engineer
for review and approval by the City Engineer. The traffic signal shall be
installed and operational prior to issuance of the 165**^ Certificate of
Occupancy, unless otherwise allowed by the City Engineer. The
applicant shall be responsible for 100% of the cost to design and install
the traffic signal.
b. Install traffic striping and signage improvements at the intersection of
Baristo Road and Compadre Road to provide striping for two
eastbound through lanes of uniform width that extend a minimum of
150 feet west and 200 feet east of Compadre Road, or as required by
the City Engineer. Submit traffic striping plans prepared by a California
registered civil engineer, for review and approval by the City Engineer.
All required traffic striping and signage improvements shall be
completed in conjunction with required street improvements, to the
satisfaction of the City Engineer, and prior to issuance of a certificate
of occupancy.
c. Install 36 inch stop signs, stop bars, and "STOP" legends as necessary
to create an "All-Way Stop Controlled" (AWSC) intersection, at the
intersection of Baristo Road and Compadre Road, and the Main Entry,
in accordance with City of Palm Springs Standard Drawing Nos. 620-
625.
ENG 65. A minimum of 48 inches of clearance shall be provided on public
Conditions of Approval - Exhibit "A" - Planning Commission Resolution No. 6612
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sidewalks for handicap accessibility. Minimum clearance on public
sidewalks shall be provided by either an additional dedication of a
sidewalk easement (if necessary) and widening of the sidewalk; or by the
relocation of any obstructions within the public sidewalk along the Farrell
Drive, Tahquitz Canyon Way, Baristo Road, and Civic Drive frontages of
the subject property.
ENG 66. All damaged, destroyed, or modified pavement legends, traffic control
devices, signing, and striping associated with the proposed development
shall be replaced as required by the City Engineer prior to issuance of a
Certificate of Occupancy.
ENG 67. Install a street name sign and a 36 inch stop sign, stop bar, and "STOP"
legend for traffic exiting the development at the intersection of Louella
Road and the Louella Road access in accordance with City of Palm
Springs Standard Drawing Nos. 620 through 625.
ENG 68. Construction signing, lighting and barricading shall be provided during all
phases of construction 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 Part 6 "Temporary Traffic Control"
of the California Manual on Uniform Traffic Control Devices (CAMUTCD),
dated November 7, 2014, or subsequent editions in force at the time of
construction.
ENG 69. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
These Fire Department conditions may not provide all requirements. Owner/developer
is responsible for all applicable state and locally adopted fire codes. Detailed plans are
still required for review.
FID 1 These conditions are subject to final plan check and review. Initial Fire
Department conditions have been determined from the plans stamped
received August 4, 2016. Additional requirements may be required at that time
based on revisions to site plans.
FID 2 Fire Department Conditions were based on the 2013 California Fire Code as
adopted by City of Palm Springs, Palm Springs Municipal Code and latest
adopted NFPA Standards. Three (3) complete sets of plans for private fire
service mains, fire alarm, or fire sprinkler systems must be submitted at time
of the building plan submittal. No deferred submittals accepted.
FID 3 PLANS AND PERMITS
Conditions of Approval - Exhibit "A" - Planning Commission Resolution No. 6612
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Complete plans for private fire service mains or fire sprinkler systems should
be submitted for approval well in advance of installation. Plan reviews can
take up to 20 working days. Submit a minimum of three (3) sets of drawings
for review. Upon approval, the Fire Prevention Bureau will retain one set.
Plans shall be submitted to:
City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM - 6:00 PM, Monday - Thursday
A deposit for Plan Check and Inspection Fees is required at the time of Plan
Submittal. Inspection fees are charged at the fully burdened hourly rate of the
fire inspector. These fees are established by Resolution of the Palm Springs
City Council.
Complete listings and manufacturer's technical data sheets for all system
materials shall be included with plan submittals. All system materials shall be
UL listed or FM approved for fire protection service and approved by the Fire
Prevention Bureau prior to installation.
Plans shall indicate all necessary engineering features, including all hydraulic
reference nodes, pipe lengths and pipe diameters as required by the
appropriate codes and standards. Plans and supportive data (calculations and
manufacturer's technical data sheets) shall be submitted with each plan
submittal. Complete and accurate legends for all symbols and abbreviations
shall be provided on the plans.
FID 4 Conditions of Approval - "Conditions of Approval" received from the Palm
Springs Planning Department must be submitted with each plan set. Failure
to submit will result in a delay of plan approval.
FID 5 Access During Construction (CFC 503): Access for firefighting 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'-6". Fire Department access roads shall
have an all-weather driving surface and support a minimum weight of 73,000
lbs.
FID 6 Fire Apparatus Access Roads (CFC 503.1.1): Approved fire apparatus
access roads shall be provided for every facility, building or portion of a
building hereafter constructed or moved into or within the jurisdiction. The fire
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apparatus access road shall comply with the requirements of this section and
shall extend to within 150 feet of all portions of the facility and all portions of
the exterior walls of the first story of the building as measured by an approved
route around the exterior of the building or facility.
Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an
unobstructed width of not less than 24 feet, excluding shoulders, except for
approved security gates in accordance with Section 503.6 and an
unobstructed vertical clearance of not less than 13 feet 6 inches.
Fire Lane Marking (CFC 503.3): Where required by the fire code official,
approved signs or other approved notices or markings that include the words
NO PARKING—FIRE LANE shall be provided for fire apparatus access roads
to identify such roads or prohibit the obstruction thereof. The means by which
fire lanes are designated shall be maintained in a clean and legible condition
at all times and be replaced or repaired when necessary to provide adequate
visibility.
Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW)
and shall be surfaced so as to provide all-weather driving capabilities.
FID 7 Turning radius (CFC 503.2.4): Fire access road turns and corners shall be
designed with a minimum inner radius of 25 feet and an outer radius of 43
feet. Radius must be concentric.
FIDS Traffic Calming Devices (CFC 503.4.1): Traffic calming devices shall be
prohibited unless approved by the fire code official.
FID 9 Security Gates (CFC 503.6): The installation of security gates across a fire
apparatus access road shall be approved by the fire code official. Where
security gates are installed, they shall have an approved means of emergency
operation. Secured automated vehicle gates or entries shall utilize a
combination of a Tomar Strobeswitch™. or approved equal, and an approved
Knox kev electric switch. Electric gate operators, where provided, shall be
listed in accordance with UL 325. Gates intended for automatic operation shall
be designed, constructed and installed to comply with the requirements of
ASTM F 2200 and an approved Knox key electric switch. Approved security
gates shall be a minimum of 14 feet in unobstructed drive width on each side
with gate in open position.
In the event of a power failure, the gates shall be defaulted or automatically
transferred to a fail safe mode allowing the gate to be pushed open without
the use of special knowledge or any equipment. If a two-gate system is used,
the override switch must open both gates.
If there is no sensing device that will automatically open the gates for exiting.
Conditions of Approval - Exhibit "A" - Planning Commission Resolution No. 6612
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a fire department approved Knox electrical override switch shall be placed on
each side of the gate in an approved location.
A final field inspection bv the fire code official or an authorized representative
is required before electronicallv controlled gates mav become operative. Prior
to final inspection, electronic gates shall remain in a locked-open position.
FID 10 Key Box Required (CFC 506.1): Where access to or within a structure or an
area is restricted because of secured openings or where immediate access is
necessary for life-saving or fire-fighting purposes, the fire code official is
authorized to require a key box to be installed in an approved location. The
key box shall be flush mount type and shall contain keys to gain necessary
access as required by the fire code official.
FID 11 Required Water Supply (CFC 507.1): An approved water supply capable of
supplying the required fire flow for fire protection shall be provided to
premises upon which facilities, buildings or portions of buildings are hereafter
constructed or moved into or within the jurisdiction.
FID 12 Water Plan (CFC 501.3 & 901.2): A water plan for on-site and off-site is
required and shall include underground private fire main for fire sprinkler
riser(s), public fire hydrant(s), public water mains. Double Check Detector
Assembly, Fire Department Connection and associated valves.
FID 13 Operational Fire Hydrant(s) (CFC 507.1, 507.5 & C105.1): An approved
water supply capable of supplying the required fire flow for fire protection shall
be provided.
Maximum distance from any point on street frontage to a public hydrant - 250
feet
Operational fire hydrant(s) shall be installed within 250 feet of all combustible
construction and shall be serviceable prior to and during construction
FID 14 NFPA 13D Fire Sprinklers Required: An automatic fire sprinkler system is
required. Only a C-16 licensed fire sprinkler contractor shall perform system
design and installation. System to be designed and installed in accordance
with NFPA standard 13D, 2013 Edition, as modified by local ordinance.
Shall comply with Palm Springs Fire Code Appendix L
Project Note: Single Family Dwellings
FID 15 NFPA 13R Fire Sprinklers Required: An automatic fire sprinkler system is
required. Only a C-16 licensed fire sprinkler contractor shall perform system
design and installation. System to be designed and installed in accordance
with NFPA standard 13R, 2013 Edition, as modified by local ordinance.
Shall comply with Palm Springs Fire Code Appendix L
Project Note: Multi-Family Dwellings
FID 16 Fire Extinguisher Requirements (CFC 906): Provide one 2-A:10-B:C
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portable fire extinguisher for every 75 feet of floor or grade travel distance for
normal hazards. Show proposed extinguisher locations on the plans.
Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet
above floor level. Preferred location is in the path of exit travel or near an exit
door.
Project Note: Applies to multi-family units
FID 17 Residential Smoke and Carbon Monoxide Alarms Installation (CFC
907.2.11.2/3/4; CRC R314 & R315; and California Heaith & Safety Code
17926): Provide and install Residential Smoke and Carbon Monoxide Alarms.
Alarms shall receive their primary power from the building wiring, and shall be
equipped with a battery backup. In new construction, alterations, repairs and
additions, smoke and carbon monoxide alarms shall be interconnected. The
operation of any smoke alarm will cause all smoke alarms within the dwelling
to sound. The operation of any carbon monoxide alarm will cause all carbon
monoxide alarms within the dwelling to sound.
FID 18 Hazardous Materials (CFC 5004.1): Storage of hazardous materials in
amounts exceeding the maximum allowable quantity per control area as set
forth in Section 5003.1 shall be in accordance with Sections 5001, 5003 and
5004. Storage of hazardous materials in amounts not exceeding the
maximum allowable quantity per control area as set forth in Section 5003.1
shall be in accordance with Sections 5001 and 5003. Retail and wholesale
storage and display of nonflammable solid and nonflammable and
noncombustible liquid hazardous materials in Group M occupancies and
Group S storage shall be in accordance with Section 5003.11.
Pool Chemicals - dedicated, compliant storage cabinets, rooms, or areas
required
Liquid Petroleum Gas (IPG) - dedicated, compliant storage cabinets, rooms,
or areas required.
Project Note: Applies to Community Center
End of Conditions