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Home My WebLink AboutC24121 signedOF PALM s'°P / V N ` C"OFOAI'�'�r. is City of Palm Springs BUILDING PERMIT Permit Technician Angela LaFranee DATE PLAN CHECK PLAN CHECK CASE B E M P EP HP SUBMITTED 12 / 9/ 2 0 0 8 NUMBER 7 8 2 5 FEE 2100 NUMBER 3.3243 PERMITS X X X X X X Owner Address Phone State Llc, Number Don. Chikasawa 7920 Country Club, Sachse, TX 602)214-7508 Contractor Address A a Ct Phone State Lic. Number Kraus Const 21542 Surveyor, Huntington Beach 714)536-1429 377814 Architect Address Total value of work $ 711, 5 5 0 . 0 0 Robert Ricciardi 75400 Gerald, Palm Desert, Ca Sewer Agreement# Engineer Address School Fee See Receipt Ken Okamoto & Asso 3186 Fairway, Costa Mesa Fixture Units 40 Lot # Block # Tract Building Address Building Permit PAR. + PM16175 4791 PALM CANYON DRIVE EMIT2201 6,081.35 Lot Size Zone Height Occupancy A.A. No. Total Area Plan Check 55757 CDN BIM 3.3243 001-34301 1,985.98 Setbacks As Front Side Side Rear Parcel Number SMIP Tax Constructed 6 81-17 0 - 0 4 2 001-37111 71.16 Square Building Garage/Carport Roofed Pato/Porch Microfilm Footage 9500 001-34308 50.00 Use of building SMIP Type Permit Type Const. Type Fire Sprinkler Units New sew Cn Permit Issuance Commercial 1 CML VB Y 0 0 001-32204 104.44 Class Of New Additions Alterations Repair Remodel Removal Replace Construction Tax Work X 001-31601 3,800.00 Describe work in detail: Dbl.Fee/Rmw/Mist. Construct new commercial building. 001-32210 0.00 Construction Permit 001 34210 208.00 Sewer Inspection 001-32202 46.00 Special Conditions: Sewer Main NO FRAMING INSPECTION UNTIL 420-38704 0.00 Sewer Agreement 2. SIGN PROGRAM SHALL BE SUBMITTED AND APPROVED BY PLANNING DEPT . T&A 0.00 Sewer Connection Fee DO NOT CONCEAL OR COVER ANY CONSTRUCTION UNTIL THE WORK IS INSPECTED 420-38703 12,240.00 IMPORTANT Drainage Fee 135-32401 9,628.16 The issuance of this permit shall not be held to be an approval of the violation of any provisions of any TUMF Fee city or county ordinance or state law. 134-33110 53,997.43 Misc. Filing Fee Inspections of work are subject to an approved set of plans being on the job. Changes to plans are not to be made without permission of the Building and Safety Divisions. 001-33117 7,334.40 Public Arts Fee The owner and/or contractor is responsible for establishing all property lines. All utilities must be 3,557.75 underground. 150-34390 Planning Fee This permit will expire if work is not started in 180 days or if more than 180 days elapses between 001.34303 667.00 inspections. Technology Fee 261-32214 925.01 I certify that I am familiar with all requirements of the City of Palm Springs as they apply to this permit - General Plan Maint. Fee and understand that these requirements must be completed prior to final inspection and that no certification of occupancy will be issued until such time as these requirements are met. I certify that 001-34310 434.05 001-32219 I have read this application and state that the information is true and correct. 28.46 ' �� _ C' C 1-1>21 4,-/R/CONT TOTAL FEE 101,159.19 CTOR/AGENT DATE / ISSUE This is a Building when properly filled out, signed and validated, and is not transferable. INSPECTOR'S COPY FkRMiT NUMBER 24121 � pALM SA JOB CARD Building & Safety �. .,,.,.. City of Palm Springs "qu lit Owner Don Chikasawa Date 5/7/2009 Address 4791 PALM CANYON DRIVE EAST Permit tt C 24121 SWIMMING POOLS Steel, Bonding, Setbacks Underground Piping/Elect Final, Gas Pres. Housing, Energy Clean, Patch, Flash Roof Final [ Fireplace Ftgs Fireplace BB Massonry Wall Figs Massonry Wall BB GENERAL BUILDING INSPECTIONS Temp Pole Latna Setbac / Ins Pad Certification Ground Plumbing Ga Footings Sewer (Sketch on reverse Side) Roof Na' / Outside Wra Planning Release Fire Release �f A.C./Htg Ducts Top -Out Plumbi gg�xFinal Eny, Release E 'Z— O r C Gas Rough Electr Final Electric �T Framing C.O. Issued nal C' N N 01 IA l- v P1 CGNTe5Date Submitted int. Project Address 7�,r Pro•ect Descri lion - Date Activity Planning En ineerin Fire De t. O E C1 .r Ilk r -! Z LA & 3 N � b� O f-- Total / L/ V vr- Plan Check Number Date Submitted int. Project Address Project Description Date Activity Plannin En ineerin Fire Dept. ,' Pry �C-'rt dE N 7 d r O Total /c time v H a� �4 �A O v � � (D x w a ] H 0 (D N .. a) 134 R U-) O % t4 o U d r, U Q) r4 �s C� GQ H (DE{ U N' c A 0 QI U .. CO C7 H O Ln +) Q., FC .0 +-) U U tV [- N 0 �*' O rl d [I] rI C H O W -0 V1 %-i 4-3 W � CDPQ a > P a U H a) rl rl H W~ Q Q ao �-4 N (d U 4-) lQ O H W Cf) W N -W M U) F-: w O � � • ri 4-3 ::I> .. 1 U •Q ul 4-A m �-, ro [-A U Uco O ) CQ U W [ •• U 3 H a o r� O m O w H � +-� ,•,/ U tr, o a a U) El O E-+ w E--i Z OEl U s-1 m O + 41 ci • • fLr m L?S a L— rl a) cn .\ w 0 s • 0 4.-4 rw 4J Fj �� 0 H c w2 W W O �, a a w U) H U) a to U 0) ro O r:) E-A M D W U) -r-i v, N m 1:� O W W H Pa H 2 2 W +1 -H �j O ra H s a' a s4 �1a >4 D fx H H O Ll -I rI rI H U Cu 5-+ Z E-1 U H H cz Ll 9 0-4 4J �J 4J co U m m O w gb,u] Z co m L W W C9 (0 rl co � to W w rx Pa a E- z rw Pa 2 2 W a y� `P o f� H H Ln rG C7 t7 F-q M 4J U Ca U ifa U) U L1 Q 2 H a) 41 y o Q U D D w 4-4 >, a �o � a Pa Pa Z M1 • C'iL/FfJR��P City of Palm Springs Building Division 760-323-8242 FAX: 760-323-3314 ELEVATION AND LOCATION CERTIFICATION SITE ADDRESS: 4791 E. Palm Canyon GRADING PERMIT #: 43114-527 / E-3776 BUILDING PERMIT #: c 24121 PARCEL #. 3 LOT #: TRACT NAME OR NUMBER: 16175 (Rim Rock P1 a 7a ) CIVIL ENGINEER: ADDRESS: TELEPHONE: SURVEYOR: Steven J. Van ADDRESS: 870 Research Dr., Suite 12 RCE #: RLS #: 6500 TELEPHONE: (760) 323-I047 NOTE: All certifications shall be done with forms in place. 3s PAD ELEVATION: 339.35 ✓ FRONT SETBACK: 34.0' (South) - TO F FORMS ELEVATION: 340.00 ✓ RIGHT SIDE SETBACK: 147.81 (East) B9. 04 LEFT SIDE SETBACK: 13.51 (west) .% NIL 'F OF CI��F� ��S 49 REAR SETBACK: 66.01 (North) ✓ I hereby certify by my stamp and signature that the as -built dimensions and elevations as listed above were determined by me, or under my direct supervision, and are true and correct Post Office Box 1786, Palm Springs, California, 92263-1786 a City of Palm Springs • BUILDING PERMIT WORK SHEET Address 4791 PALM CANYON DRIVE EAST DATE PLAN CHECK PLAN CHECK CASE B E M P EP HP SUBMITTED 12 / 9/ 2 0 0 8 1 NUMBER 7825 FEE 2100 NUMBER 3.3243 PERMITS X X X X X X Don Chikasawa Contractor Kraus Costt Architect Robert Ricciardi 7920 Country Club, Sachse, TX 602) 214--7508 21542 Surveyor, Huntington Beach 714)536--1429 Address Phone 75400 Gerald, Palm Desert, Ca 760)346-2223 Ken Okamoto & Asso 3186 Fairway, Costa Mesa Lot # Block # Tract Building Address 714)444--2422 PAR. + PM16175 4791 PALM CANYON DRIVE EAST Lot Size Zone Height occupancy A.A. No, Total Area Total value of work $ 55757 CDN I B/M 3.3243 Setbacks As Front Side side Rear Parcel Number Constructed 6 81-17 0- 0 4 2 Square Building Garage/Carport Roofed Pato/Porch Footage-T 9500 Use of building SMIP Type Permit Type Const. Type Fire Sprinkler Units Commercial 1 CML VB Y 0 Class of New I Additions Alterations Repair Remodel Removal Work X Describe work in detail: Construct new commercial building. Special Conditions: NO FRAMING INSPECTION UNTIL 1. PUBLIC USE EASEMENT TO BE RECORDED. 2. SIGN PROGRAM SHALL, BE SUBMITTED AND APPROVED BY PLANNING DEPT. Building Permit Electrical Permit Mechanical Permit New -sew Plumbing Permit 0 Combined Permits Replace Plan Check Plan Check Less Plan Check Dep. Plan Check Due Description Qty Amount Limit Amount Total Receptacle, Switch, Lig hti ng 102 1.22 20 0.82 91.64 Light Fixtures 122 1.22 20 0.82 108.04 Supply/Exhaust Vent Fans 8 5.28 999 5.28 42.24 Compressors/Condensers 8 5.28 999 5.28 42.24 200 amps and less 6 33.88 999 33.88 203.28 Over 200 and not over 1000 1 69.04 999 69.04 69.04 15 ton, 15 hp, 500,000 BTU 8 30.16 999 30.16 241.28 100,000 BTU and less 8 16.44 999 16.44 131.52 Vent Fans - Single Duct 8 8.06 999 8.06 64.48 Building Sewer 1 27.38 999 27.38 27.38 Fire Sprinkler System 1 16.44 999 16.44 16.44 Lavatory 8 10.89 999 10.89 87.12 Roof Drains 9 10.89 999 10.89 98.01 Water Closet 8 10.89 999 10.89 87.12 Water Heater 4 13.66 999 13.66 54.64 Water Piping 1 5.28 999 5.28 5.28 Fixture Fixture Description T,city__ Units Fee Total Lavatories 8 1 2,448.00 Water Closets, Public 8 4 9,792.00 SMIP Tax Microfilm Permit Issuance Construction Tax Dbl.Fee/Rmw/Mist. Construction Permit Sewer Inspection Sewer Main Sewer Agreement Sewer Connection Fee Drainage Fee TUMF Fee Misc. Filing Fee Public Arts Fee Planning Fee Technology Fee General Plan Maint, Fee 001-32219 TOTAL FEE Fixture Units 306.00 306.00 377814 3808 2244 711,550.00 4,711.60 556.48 437.28 375.99 4,085.98 0.00 2,100.00 71.16 50.00 104.44 3,800.00 0.00 208.00 46.00 0.00 0.00 12,240.00 9,628.16 53,997.43 7,334.40 3,557.75 667.00 925.01 434.05 28.46 r 40 VAG COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Blythe • Cathedral City • Coachella • Desert Hot Springs • Indian Wells • Indio • La Quinta • Palm Desert • Palm Springs • Rancho Mirage County of Riverside • Agua Caliente Band of Cahuilla Indians • Cabazon Band of Mission Indians • Torres Martinez Desert Cahuilla Indians TUMF COLLECTION FORM �7 a JURISDICTION: CyPh� rin BUILDING PERMIT NO.: BUILDER/DEVELOPER: _ YQ PROJECT NAME: PROJECT ADDRESS; TOTAL SQ. FT. OF LOT LOT NO. TOTAL SQ. FT. OF BUILDING 5 TRACT NO. ,/�U I 1 APN: & 0l -) 7d 04 wwww,r,r*www***ww**ww**www*w**www****wwww***wwww**w*wwww*,rw*www*x*wwww**wwwww**+*+r*ww**wwww***ww+kw*****ww****www**+rww SINGLE FAMILY DETACHED ONLY: ( )-SINGLE FAMILY DETACHED $1,837.44 PER UNIT = $1,837.44 LAND USE CODE = 1110 ALL OTHER USES: ( ) NEW ( ) ADDITION LAND USE CODE ``--LAN/D USE UNIT CODE TUMF PER UNIT # OF UNITS $ TOTAL PER USE RETAIL SERVICES: TOTAL FEE DUE, ALL PHASES $ COMMENTS/REMARKS L'k..) Staff Name/Department TOTAL = $ Date Permit Issued www****wwwwwwww*wwwwwwwwww**wwwww****wwwwww***+wwwwww**wwww***wwwwww*,rwwwwwww***wwwwww**wwwwwwwwwwwwww**wwwwwwwwwww FOR CVAG USE ONLY YES NO IS FEE PROPERLY COMPUTED? IS ALL INFORMATION PROVIDED? DATE DATA ENTERED Effective January 1, 2007 3 73-71 0 FRED WAR.ING DRIVE, SUITE 20091RALM DESERT, CA 92260•(760) 346-1 1 279FAX (7613) 34D-5949 CVAG COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Blythe - Cathedral City • Coachella • Desert Hot Springs • Indian Wells • La Quinta - Palm Desert • Palm Springs • Rancho Mirage - County of Riverside • Agua Caliente Band of Cahuilla Indians • Cabazon Band of Mission Indians • Torres Martinez Desert Cahuilla Indians CVMSHCP COLLECTION FORM Of JURISDICTION: PALM SPRINGS BUILDING PERMIT NUMBER �! / BUILDER / DEVELOPER: ij a 5 PROJECT NAME: �i'�?�ri PROJECT ADDRESS: TOTAL SQ. FT. OF LOT: LOT NUMBER: TRACT NUMBER: Z") APN: C,8/ / 74Y Dye RESIDENTIAL (0 - 8) $1284X (# OF UNITS) =$ (8.1X14) $533 X (# OF UNITS) =$ (14.1 OR MORE) $235 X (# OF UNITS) _ $ COMMERCIAL ❑ NEW BUILDING ON EXISTING PARCEL ❑ NEW BUILDING ON NEW PARCEL COMMERCIAL $ 5,730 PER ACRE X (# OF ACRES) = $ INDUSTRIAL $5,730 PER ACRE X (# OF ACRES) = $ TOTAL FEE DUE, ALL PHASES $ COMMENTS / REMARKS: 'd -_,X,-11 STAFF NA / DEP MENT DATE PERMIT ISSUED FOR CVAG USE ONLY YES NO IS FEE PROPERLY COMPUTED _ IS ALL INFORMATION PROVIDED? DATE DATA ENTERED EFFECTIVE .MNyAY 1, 2'p7 73-710 FRED WARING DRIVE, SUITE 200 • PALM DESERT, CA 92260.760-346-1127 • FAX 760-340-5949 PALM SANGS UNIFIED SCHO& DISTRICT State of California School Fee Certification Form 980 E. Tahquitz Canyon Way, Suite 204 Palm Springs, CA 92262 Phone: (760) 416-6160 Fax: (760) 416-6161 Building Permit I PALM SPRINGS Source: Plan Check / Permit #: 17825 Applicant Last Name: KRAUS CONTRUCTION, ING Applicant First Name: I - Address: 121542 SURVEOR CIRCLE City, State, Zipcode: I HUNTINGTON BEACH, CA Telephone: 1 714.536.1429 Building Address: 4791 1 1 EAST PALM CANYON DR. City: PALM SPRINGS Type of Development: I COMMERCIAL Description: I COMMERCIAL -NEW Waived Because: I NOT EXEMPT Comments: Application #: 2382 Lot #: I PAR Tract#: IPM16175 Parcel # (APN): 681-170-042 Square Footage: 19,500 New Rates Effective July 14, 2008: Fee calculated at. 4 7 per square foot for commercial and $3.20 per square foot for residential developments. Fees Owed? YES Total Paid: $4,465.00 Refund Amount: Check #: 5641 Receipt #: F 829 NOTICE: THIS WILL SERVE TO NOTIFY YOU THAT THE 90-DAY APPROVAL PERIOD IN WHICH YOU MAY PROTEST ANY IMPOSED FEES, DESCRIPTION OF DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS WILL BEGIN To RUN FROM THE APPROVED DATE AS INDICATED ON THE BUILDING PERMIT WHICH DESCRIBES THE FEES, DESCRIPTION OF DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS. This certifies that a building permit may be issued for this proposed development. The above mentioned 'applicant' has complied with the requirements for state school fees as set forth in SB181 and other relevant state requirements at this time. EVELYN HERNAND Z, DI CTOR OF FISCAL Signature of erson applying for Certificate SERVI ES or Designee Date: 04/09/09 Jerk Last Update May 19 2005 0 LANDMARK' April 7, 2009 Mr. Greg Thin Kraus Construction 21542 Severyor Circle Huntington Beach, CA 92646 780 N. 4th Street II Centro, CA 92243 (760) 37G,3000 (760) 337-8900 fax 77-948 Wildcat Drive %rn Desert, CA 92211 (760) 360-0665 (760) 360-0521 fax Subject: Rim Rock Plaza Palm Springs, California LCI Report No.: LP09046 Reference: • Foundation Plans for the subject project, prepared by Ken Okamoto And Associates, dated October 2008. • Precise Grading Plan, for the subject project, prepared by Southwest Consulting Services, Inc. dated February 26, 2009. Dear Mr. Thin: In response to city review dated December 19, 2008, item number 8, we have reviewed from a geotechnical standpoint the construction plans, for the subject project: • Foundation Plans sheets S-1, S-2 & S-4 • Precise Grading Plan sheet 5 The purpose of our review was to evaluate compliance with the intent of the recommendations contained in our geotechnical investigation report for the subject site. The submitted plans are in general accordance with the commendations presented in our geotechnical report for the subject entitled Proposed Commercial Building nu, Rim Rock Plaza, prepared by Landmark Consultants, Inc., dated December 19, 2008. With referenced to item number 9 of the city review, we will provide these services during the construction. 1- r 0 • Rim Rock Plaza LCI Report No.: LP09046 We have prepared this letter for your exclusive use in substantial accordance with the generally accepted geotechnical engineering practice as it existed in the site area at the time of our study. No warranty is expressed or implied. It should be noted that the submitted plans were not reviewed for conformance with other clients, governmental or consultants requirements. We appreciate the opportunity to be of service. Should you have any questions, please call our office. Yours, P_E.,M.ASCE CONSTRUCTION TESTING & ENGINEERING, INC. 14598 MERIDIAN PARKWAY. SUITE A I RIVERSIDE, CA 92518 1 951.571,4081 I FAX 951.571.4189 November 17, 2008 Robert H. Ricciardi Architect Attention: Mr. Robert Ricciardi 75-400 Gerald Ford Drive, Suite 115 Palm Desert, California 92211 CTE Job No. 40-2385 Subject: Addendum 1- Clarification to Grading Recommendations Proposed Commercial Building- Rim Rock Plaza SW Corner of E. Palm Canyon & Palm Hills Drive Palm Springs, California 92264 Reference: Geotechnical Investigation Proposed Commercial Building- Rim Rock Plaza SW Corner of E. Palm Canyon & Palm Hills Drive Palm Springs, California 92264 Prepared by: CTE, Dated November 13, 2008 Mr. Ricciardi: As requested, the following letter is written in order to clarify concerns regarding the depth of the recommended overexcavation. The referenced report indicates that the depth of overexcavation should be 10 feet below existing grade and 10 feet beyond the perimeter foundation lines/limits. The depth of overexcavation was recommended based on low in -place density tests encountered during the field investigation. The overexcavation depth should be viewed as a maximum overexcavation depth. During rough grading operations and prior to overexcavation between depths of five to 10 feet below grade, additional field and laboratory testing will be performed on native in -situ materials in order to further substantiate the need to remove the deep materials. In the event that in -place native materials are identified as "competent", that is soil materials generally having a minimum in -place density equal to or greater than 85%, relative to its maximum dry density as determined by ASTM D-1557, the soils may remain in -place. SAN DIEGO i ESCONDIDO I RIVERSIDE I VENTURA I MERCED I TRACY I SACRAMENTO I PALM SPRINGS I PHOENIX GEOTECHNICAL I ENVIRONMENTAL I CONSTRUCTION INSPECTION AND TESTING I CIVIL ENGINEERING I SURVEYING Southwest Consulting 5ervice,53 Inc 1 16 Cascada Court Palm Desert, CA 92-1 1 rkone/rAX. 760--469-3 297 To: City of Palm Springs Building & Safety Dept. From: Jerry C. Green, Project manager Subject: Rim Rock Plaza E-3776 Date: 10/ 26/ 2009 Herewith is the No Build Easement for Parcel 4, PM 16175 and the revised notary statements as required by the Riverside Co. Recorder's Office. ACKNOWLEDGMENT State of California County of y (E ' } before me, PULIL (here insert name and We of fhe oTflcer) personally appeared W /4 who proved to me on the basis of s isfa ry evidence to be the person(s) whose name(s) is/]subscribed to the within instrument and acknowledged to me that he/sh<Bi executed the same in his/her/their authorized capacity(ies), and that by his/hed heir ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 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 official seal. Signature g—��. t BHALINDER slNGH SIDHU Commissfon # 1724268 W� m Notary Public - California ..4r . Ventura County C^m My m. Ex ices Palar b, 201 t (Seal) State of California County of ZO-"' On -N ACKNOWLEDGMENT before me, /�{'z7�c. t, U,-U , .�4 /�cargl�Y lJc,.sc i c (here Insert name and UUe of the oRiceo personally appeared !� f� f? C /�%/►'1 ! Yq M A who proved to me on the basis of satisfactory evidence to be the person j, hose namepf is/Xrzgubscribed to the within instrument and acknowledged to me that-1461'shexecuted the same in er/#etf authorized capacityPe<and that byy>/her/thertsignatur%, on the instrument the person(s�or the entity upon behalf of which the person{<acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph. is true and correct. WITNESS my hand and official seal. ARTHUR ONO COMM, #1688377 NOTARY PUBLIC • CALIFORNIA LOS ANGELES COUNTY Comm. Expires Sept. 15, 2030 Signature (Seal) RECORDING REQUESTED BY: CITY OF PALM SPRINGS WHEN RECORDED, RETURN TO: Department of Building & Safety City of Palm Springs Attn: City Clerk 3200 Tahquitz Canyon Way Palm Springs, CA 92263-2743 S R U PAGE SIZE DA MISC LONG RFD COPY M A L 465 426 PCOR NCOR SMF NCHG EXAM UNI T: CTY Filing fee EXEMPT per Government Code 6103 GRANT OF EASEMENT FOR PUBLIC YARD RIMROCK PLAZA SHOPPING CENTER, PALM SPRINGS, CA This agreement (Public Yard Easement) is entered into as of J w'E >,7 2009 by and between Don S_ Chikasawa and Karen K. Chikasawa, Trustees of the Don S. Chikasawa and Karen K. Chikasawa Trust (created by a Declaration of Trust dated March 7, 2001) and Martha C_ Nomiyama, Trustee of the Martha C_ Nomiyama Trust (created by a Declaration of Trust dated July 2, 2003) as their interest appears of record ("Chikasawa/Nomiyama"), and the City of Palm Springs, a municipal corporation ("City"). A. Chikasawa/Nomiyama are the fee Owners of that parcel of real property located in the City of Palm Springs, County of Riverside, State of California, described In "Exhibit B" attached hereto and incorporated herein by reference (Parcel 9, PM 16175) B. Chikasawa/Nomiyama are also the fee Owners of that parcel of real property located in the City of Palm Springs, County of Riverside, State of California, which is shown in "Exhibit B" attached hereto and incorporated herein by reference (Parcel 4, PM 16175) "Site"_ C. The above referenced parcels which are owned by Chikasawa/Nomiyama as depicted on "Exhibit B" attached hereto and incorporated herein are a part of the Rimrock Plaza Shopping Center. Parcel 9 is in the process of being developed as a commercial building site. D. California Building Code ("CBC") Section 505.2 authorizes the construction of a one story building if such building has an approved automatic sprinkler system and are "surrounded and adjoined by public ways or yards not less than 30 feet in width". E. Chikasawa/Nomiyama desires that the commercial building be approved by the building department of the City pursuant to CBC Section 505.2 and accordingly Chikasawa/Nomiyama has designed the commercial building for Parcel 9 to include an automatic sprinkler system and desires to create a 30 foot public yard that will adjoin Parcels 9 and 4 which shall be accomplished by granting to the City as a "Public Yard Easement" as shown on "Exhibit B. F. The City and Chikasawa/Nomiyama desire to record this Public Yard Easement to ensure that the non -buildable public yard area that adjoins Parcels 9 and 4 will remain unobstructed unless otherwise allowed by the City building department. NOW, THEREFORE, Chikasawa/Nomiyama declares, covenants and agrees, by and for themselves, their heirs, executors and assigns, and all persons claiming under or through them that the Site shall be held, transferred, encumbered, used, sold, conveyed, leased and occupied subject to the restrictions hereinafter set forth, which restrictions are established expressly and exclusively for the use and benefit of the Site_ TERMS AND CONDITIONS Grant of Easement. Chikasawa/Nomiyama hereby grants this non-exclusive Public Yard Easement to provide a minimum of 30 feet (measured perpendicular to the building face) of non -buildable open yard space between Parcels 9 and 4_ This area is necessary to allow adequate fire safety space around these large buildings and is required pursuant to CBC Section 505.2. No buildings, as defined in the California Building Code shall be located on the Public Yard Easement. Construction adjacent to the Public Yard Easement shall be limited to only those types of structures which are authorized by CBC Section 505.2. Moreover, all buildings within or adjacent to the Public Yard Easement areas shall have an approved automatic sprinkler system and shall be a minimum of type VN construction with at least a class "B" roof covering assembly pursuant to CBC Section 504.2 Any wall of any building within or adjacent to the Public Yard Easement that is adjacent to a common property line or parcel line shall be constructed with one hour walls at each of the adjacent or abutting buildings to create a combined minimum fire rated assembly of two hours and shall include parapets, as required by CBC 709.4, when the proximity to a property line requires mitigation. This Public Yard Easement shall be appurtenant to the Site. 2. Non-exclusive Easement. The Public Yard Easement is non-exclusive and Chikasawa/Nomiyama hereby reserve and retain the right to use of the land underlying the Public Yard Easement for (i) parking, driveways, sidewalks, curbs and gutters (ii) low profile landscaping (iii) fire hydrants, (iv) light standards and (v) any other structures or improvements permitted by CBC Section 504.2 or other applicable law and approved by the City_ The Public Yard Easement shall not be occupied by trash enclosures, loading docks or other structures which would impede fire access to the building. 3_ Expansion of^ the, Easement Should Chikasawa/Nomiyama desire to expand the building in a manner which would reduce any portion of the existing Public Yard Easement to a measurement of less than thirty feet, Chikasawa/Nomiyama may not undertake such expansion until the parties have executed a written agreement to modify this agreement to modify the location of the Public Yard Easement to ensure that it continues to extend to a 30 foot width between Parcels 9 and 4. 4_ Benefit of Easement The Public Yard Easement granted herein is for the benefit of Chikasawa/Nomiyama and any successors or assigns of the Site. 5. Commencement of Easement The Public Yard Easement contained herein shall commence upon recordation of this Public Yard Easement. 6. Duration of Easement. The Public Yard Easement shall remain in effect as long as the building exists or until the City records a release of this Public Yard Easement. The City shall record a release of this Public Yard Easement if Chikasawa/Nomiyama, or its successor in interest, send the City a written notice that (i) the California Building Code has been amended to eliminate the requirement of a 30 foot easement as a condition on a building with unlimited floor area, or (ii) Chikasawa/Nomiyama has demolished the Building, and City staff has confirmed that such notice is accurate. Upon such occurrence, the City shall execute and deliver any documents necessary to release this Public Yard Easement_ 7. Maintenance. Repair and Taxes. The maintenance, repair and payment of any real property taxes and assessments relating to the Public Yard Easement granted herein shall be borne by Chikasawa/Nomiyama, or its successor in interest for the parcels upon which each portion of the Public Yard Easement is located. 8. Permitted Use. Chikasawa/Nomiyama and any subsequent owners of the Site shall use or permit the use of the Public Yard Easement solely for the purposes stated in Sections 1 and 2 hereof. 9. Successors and Assigns. This Public Yard Easement and all rights and duties of Chikasawa/Nomiyama or its successor in interests, shall run with the land and inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto. 10. Indemnity. Chikasawa/Nomiyama, and any subsequent owners of the Site, agree to defend and hold the City harmless from all claims, damages, and liabilities, including reasonable attorneys' fees and costs of suit, resulting from any actual or alleged accident, injury, loss or damage whatsoever occasioned to any person or property of any person as shall occur for any reason on that Chikasawa/Nomiyama property on the Public Yard Easement granted herein_ 11. Transfer and Assignment. Chikasawa/Nomiyama shall not assign, transfer, convey or delegate any of their rights and duties with respect to the Public Yard Easement or under this agreement, except as part of the assignment, transfer or conveyance of the property to which the Public Yard Easement is appurtenant. Any other attempted assignment of the Public Yard Easement, whether voluntary or involuntary or by operation of law, shall be void and of no effect_ Nothing contained in this agreement does, or shall be construed to limit in any way the right and ability of Chikasawa/Nomiyama to transfer, sell or encumber its property or the Site. 12. Recitals Incorporated. The recitals set forth above are incorporated herein as if set forth in full. 13. Miscellaneous Provisions. (a) There are no representations, warranties or other agreements as to the matters described in this agreement except as expressly stated herein and this agreement fully states the extent of any obligation of Chikasawa/Nomiyama as to such matters- (b) No change, amendment, alteration or revision of this agreement shall be valid unless in writing and signed by Chikasawa/Nomiyama or any successor in interest of the Site and the City of Palm Springs. (c) In any action between the parties to this agreement arising out of this Public Yard Easement, the prevailing party in such action shall be awarded, in addition to any damages, injunctive or other relief, its reasonable costs and expenses, including attorneys' fees. (d) This agreement shall be interpreted, enforced and governed by the laws of the State of California. (e) Chikasawa/Nomiyama represents that as of the effective date hereof (i) they are the sole owners of the Site (ii) they have the authority to grant this Public Yard Easement, and (iii) this Public Yard Easement is a valid and binding obligation of Chikasawa/Nomiyama. 14. Counterparts. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be deemed an original, but such counterparts shall together constitute one and the same instrument. OWNER Don S. Chikasawa and Karen K. Chikasawa, Trustee of the Don S. Chikasawa and Karen K. Chikasawa Trust (created by a Declaration of Trust dated March 7, 2001) and Martha( Nomiyama, Trustee of the Martha C. Nomiyama Trust (created by a Decl_amftn of Trust jdat ,2, 29W) 5-a'their interest appears of record U �'Nbn S. Chikasawa By-, Karen K. Chikasawa Martha C. Nomiyama CITY CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation Nam AC"�s -- rt+o r-�P ooll Gr"r'y G.1.EW-K— 2009 State of County of On — I before me �1�4i'� �'� �,r� S"J7{ t (.>' `� Date Printed Name of Notary Public 'l ,� i IAAj rj�;, k A r , ' Personally appeared Y J /' 5 Printed Name(s) of Signer(s) ❑ Personally known to me -- or -- roved to a on the basis of satisfactory evidence: orm(s) of identification �:2lzlI%/ Credible witness(es) To be the person(s) whose name(s) is/subscribed to the within instrument and acknowledged to me that he/she/1!9 bxecuted the same in his/her/t e' authorized capacity(ies), and that by his/her/tt�ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SHALINDER SING Comrnlsslon # 7 F'ukaliC California a;� t Notary - n Ventura County h4y Comm. Fxpinss Mar 6, 2011 (Seal) WITNESS my hand and official seal. s , fi f E Signature of Notary F61ic / ®i // 7/o q 0 State of r''' • r o f „4 County of On 19, zc-10 before me Date /"Ih� iJ t�v� G/✓G " /�- /�C3i h1d�-1 /—V � �-tC Printed Name of Notary Public Personally appeared" C . Printed Name(s) of Signer(s) ❑ Personally known to me — or — Proved to me on the basis of satisfactory evidence: FormKof identification C� Credible witness(es) C« To be the personKwhose name(s'is/owlsubscribed to the within instrument and acknowledged to me that,he/9he/tberexecuted the same in bi her/authorized capacity(ae�j, and that by 4isftTer/tbeirsignature(Won the instrument the person(e), or the entity upon behalf of which the person(�acted, executed the instrument. (Seal) ZTHUR ONO COMA1. 0, 688377 NC'AO" PUBLIC • CALIFORNIA LDS ANGELE3 COUNTY Comm. Erpircs seol. 15.2010 WITNESS my hand and official seal. LlltzV-' Signature of Notary Public EXHIBIT A IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 9, PARCEL MAP 16175 AS SHOWN BY MAP ON FILE IN BOOK 96, PAGES 37-38, THENCE N17000'00"E, 6.18 FEET ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL 9 TO THE TRUE POINT OF BEGINNING; THENCE S73000'00"E, 3.00'; THENCE N17000'00", 163.00'; THENCE N73000'00"W, 30.00 FEET; THENCE S17000'00"W, 163.00 FEET; THENCE S73000'00"E, 27.00 FEET TO THE TRUE POINT OF BEGINNING. AS SHOWN ON EXHIBIT C ATTACHED AND MADE A PART OF; CONTAINING 0.11 ACRES OF LAND MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS OF WAY AND EASEMENTS OF RECORD. PREPARED UNDER THE SUPERVISION OF: WALLACE B. DUNCAN, RCE 27827 Q�pFESS/p SvPGE 3 a CD No. 27827 �* EXP. 3-31-10 ciVIL J PREPARED BY DATE SOUTHWEST CONSULTING SERVICES, INC 760-469-3297 PH. & FAX. City of Palm Springs Office of the City Clerk O ♦9 F a osnYe° 3200 E. Tahquitz Canyon Way • Palm Springs, California 92262 C-I FORN\"- Tel: (760) 323-8204 • Fax: (760) 322-8332 • Web: www.palmsprings-ca.gov CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT OF EASEMENT FOR PUBLIC YARD Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" RIMROCK PLAZA SHOPPING CENTER Southwest Corner of Palm Canyon Drive and Palm Hills Drive Southwest Corner of Parcel 9, Parcel Map 16175 dated: June 17, 2009, from, Don S. Chikasawa and Karen K. Chikasawa,Trustee of the Don S. Chikasawa and Karen K. Chikasawa Trust; and Marths C. Nomiyama, Trustee of the Marth C. Nomiyana Trust Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 13t" day of July, 2009, pursuant to authority granted by the. City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 13th day of July, 2009. YES.THOMPSON lerk Post Office Box 2743 0 Palm Springs, California 92263-2743 KEN OKAMOTO & ASSOCIATES, INC. STRUCTURAL, ENGINEERS DATE: MAY 18, 2009 TO: CITY OF PALM SPRINGS, CA BUILDING DEPARTMENT RE: RIMROCK PLAZA SHOPPING CENTER GENTLEMEN: AS REQUIRED BY THE BUILDING DEPARTMENT, OUR OFFICE MADE A STRUCTURAL OBSERVATION AT THE ABOVE -MENTIONED PROJECT. THE PURPOSE OF THIS VISIT WAS TO OBSERVE THE ITEM(S) OF CONSTRUCTION AS NOTED BELOW. THE OBJECTIVE OF THIS SITE VISIT IS TO HAVE AN ADDITIONAL REVIEW OF THE STRUCTURAL SYSTEMS BY A KNOWLEDGEABLE OBSERVER DURING tHIS SIGNIFICANT CONSTRUCTION STAGE IN ORDER TO ASSIST THE CONTRACTOR WITH CONFORMANCE WITH THE PLANS, THESE OBSERVATIONS ARE LIMITED TO THE STRUCTURAL ASPECTS OF THE BUILDING. ITEM OF CONSTRUCTION BUILDING DATE FOUNDATION 05-I8-09 BASED ON VISUAL OBSERVATION, THE ABOVE ITEM(S) APPEARED TO BE IN GENERAL CONFORMANCE WITH THE DESIGN INTENT. EXCEPT AS FOLLOWS: o a- -v yj 't 2¢ys,ce, 6 S , OUR OBSERVATIONS OF THIS STRUCTURE WERE MADE ON A VISUAL BASIS, AND IT IS NEITHER EXPRESSED NOR IMPLIED THAT ALL POSSIBLE DEFICIENCIES HAVE BEEN ADDRESSED. STRUCTURAL OBSERVATION DOES NOT CERTIFY, GUARANTEE OR ENSURE CONFORMANCE WITH THE APPROVED PLANS. IT DOES NOT PROVIDE THE QUALITY ASSURANCE OF CONTINUOUS INSPECTION. IT DOES NOT WAIVE OR LIMIT ANY OF THE RESPONSIBILITY OF THE CODE REQUIRED INSPECTIONS BY THE BUILDING INSPECTOR OR DEPUTY INSPECTOR. IT IS, OF COURSE, THE CONTRACTORS RESPONSIBILITY TO CONFORM WITH STRUC D THE BUILDING CODE. r�N BLgC q�F SINCERELY, r4► �� CD No. C 63875 m d Exp.9130/10 IAN BLACK, P.E. 3186-F AIRWAY AVE.. COSTA MESA, CA 92626 (714) 444-2422 22 KEN OKAMOTO & ASSOCIATES, INC. STRUCTURAL ENGINEERS AUGUST 3, 2009 KRAUS CONSTRUCTION 21542 SURVEYOR CIRCLE HUNTINGTON BEACH, CA 92646 ATTN: WARD KOLLAR RE, RIMROCKS PLAZA SHOPPING CENTER PALM SPRINGS, CA DEAR SIR, TO THE BEST OF OUR KNOWLEDGE THE STRUCTURAL PORTION OF THE ABOVE BUILDING WAS BUILT IN CONFORMANCE WITH OUR DESIGN INTENT. IF YOU HAVE ANY QUESTIONS PLEASE FEEL FREE TO CALL OUR OFFICE. SINCERELY, IAN BLACK, P.E. IB/cb Rqf E SSI, w No. C 63875 m * Exp. 9/30/1 U n CIV1l- OF CA1-oF� el3lld9 3186-F AIRWAY AVE, • COSTA MESA, CA 92626 • (714) 444-2422 * FAx (714) 444-2122 KEN OKAMOTO & ASSOCIATES, INC. STRUCTURAL. ENGINEERS August 3, 2009 Kraus Construction 21542 Surveyor Circle Huntington Beach, CA 92646 Attn: Ward Kollar Re: Rimrocks Plaza Shopping Center Palm Springs, CA Dear Ward, In response to the Building Inspector's question regarding using galvanized nails at a pressure -treated sill plate, you may use regular, carbon steel nails when nailing into a PTDP sill plate. Galvanized nails are not required, Please feel free to call if you have any questions, Thank you. Sincerely, -2� IB/cb �CAFES 9 No C 63875 m �-,xp. w io/1 Q 3186-F AIRWAY AVE. • COSTA MESA, CA 92626 • (714) 444-2422 * FAX (714) 444-2122