HomeMy WebLinkAboutA6626 - Dakota PSRECORDING REQUESTED BY:
CITY OF PALM SPRINGS
AND WHEN RECORDED MAIL TO:
City of Palm Springs
P. O. Box 2743
Palm Springs, CA 92263
Attn: Office of the City Clerk
DOC # 2'_ )-0082720
03/03/2 01a5�e10:o2f85ZFee: NC
Recorded in official Records
County of Riverside
Peter Rldana
Assessor, CountY Clerk & Recorder
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A6626
Tract Map 35548
SUBDIVISION IMPROVEMENT AGREEMENT
J
Dakota PS, LLC
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)
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2.
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TABLE OF CONTENTS
Construction Obligations......................................................................................2
1.1
Works of Improvement...............................................................................
2
1.2
Other Obligations Referenced in Conditions of
Tentative Map Approval.............................................................................
2
1.3
Intent of Plans............................................................................................
2
1.4
Survey Monuments....................................................................................
3
1.5
Performance of Work.................................................................................
3
1.6
Changes in the Work.................................................................................
3
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..................................................................................................
4
1.12
Compliance with Law.................................................................................
4
1.13
Suspension of Work...................................................................................
4
1.14
Final Acceptance of Works of Improvement ..............................................
4
Time for Performance........................................................................................... 5
2.1
Commencement and Completion Dates
.................................................... 5
2.2
Phasing Requirements...............................................................................
5
2.3
Force Majeure............................................................................................
5
2.4
Continuous Work.......................................................................................
6
2.5
Reversion to Acreage................................................................................
6
2.6
Time of the Essence..................................................................................
6
Labor.................................................................................................................... 6
3.1
Labor Standards........................................................................................
6
3.2
Nondiscrimination......................................................................................
6
3.3
Licensed Contractors.................................................................................6
3.4
Workers' Compensation.............................................................................
6
Security................................................................................................................ 7
4.1
Required Security......................................................................................7
4.2
Form of Security Instruments.....................................................................
7
4.3
Subdivider's Liability ..................................................................................
8
4.4
Letters of Credit................................................................................:........
9
4.5
Release of Security Instruments................................................................
9
1
5. Cost of Construction and Provision of Inspection
Service.......................................................:....................................................... 10
5.1 Subdivider Responsible for All Related Costs of
Construction............................................................................................. 10
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................................................................................................................11
8.1 Remedies Not Exclusive.......................................................................... 11
8.2 City Right to Perform Work...................................................................... 11
8.3 Attorney's Fees and Costs....................................................................... 11
9. Indemnity............................................................................................................ 11
10 General Provisions............................................................................................. 12
10.1 Successors and Assigns.......................................................................... 12
10.2 No Third Party Beneficiaries.................................................................... 12
10.3 Entire Agreement; Waivers and Amendments ......................................... 12
11. Corporate Authority ............................................................................................ 12
2
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this ab}h day of mQXL, Ol , 26H4, by and between the
CITY OF PALM SPRINGS, a California charter city ("CITY"), and Dakota PS, LLC,
a California Limited Liability Company (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 36548 located in the City of Palm Springs, County of Riverside,
State of California (the "Property"), as described on E xh ibit "A" . The map
contains conditions of approval for the development of the Property (the
"Conditions") as described on E xh ibit "B" .
B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication
to the City of Palm Springs Lot II for open space, Easements for Public Utilities together
with the right of ingress and egress for emergency vehicles and personnel over lots "A",
"B", "C, and "D", Abutters rights of access to Belardo Road excluding a 74.45 foot wide,
a 26 foot wide and two 18 foot wide access points on Belardo Road, Lot "E" for street
and public utility purposes and 5 foot wide public utility easements indicated as P.U.E.
and shown 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
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water, sanitary sewer and other improvements (herein sometimes collectively referred
to as the "Works of Improvement"), as the same may be supplemented and revised
from time to time as set forth herein (said plans and specifications, together with all
related documents, are referred to herein as the "Plans"). The estimated construction
cost for the Works of Improvement is $ 1, 802, 438.00.
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 Survey Monuments. Before final approval of street improvements,
Subdivider will place survey monument(s) as shown on the Map in accordance with the
provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City
of Palm Springs. Subdivider shall provide security for such obligation as provided in
Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City
Engineer of the City of Palm Springs -written notice of the setting of said monument(s)
and written proof of having paidthe 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.
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1.6 Changes in the Work. The City Engineer, without invalidating this
Agreement and without notification to any of the sureties or financial institutions
referenced in Paragraph 4, may order extra work or may make changes by altering or
deleting any portion of the Works of Improvement as specified herein or as deemed
necessary or desirable by the City Engineer as determined necessary to accomplish the
purposes of this Agreement and to protect the public health, safety, or welfare. The City
Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction
Notice) at the time a determination has been made to require changes in the work. No
field changes performed or proposed by Subdivider or its contractor shall be binding on
City unless approved in writing by the City Engineer.
1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct,
replace, or otherwise make acceptable any work found by the City Engineer to be
defective.
1.8 No Warranty by City. The Plans for the Works of Improvement have been
prepared by or on behalf of Subdivider or its consultants or contractors, and City makes
no representation or warranty, express or implied, to Subdivider or to any other person
regarding the adequacy of the Plans or related documents.
1.9 Authority of the City Engineer. In addition to the authority granted to the
City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to
decide all questions which may arise as to the quality and acceptability of materials
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.
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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 thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two
2 ears after the Commencement Date. Extensions of time for completion of the
Works of Improvement may be granted upon approval by the City Engineer or his
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designee. Extension of time may be granted upon mutual agreement of the City
Engineer and Subdivider, either verbally or in writing, as required by the City Engineer
or his designee.
2.2 Phasinq 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.
15 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
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Government Code Section 66499.16 Subdivider hereby consents to reversion and
agrees that any improvements made by or on behalf of Subdivider shall not be
considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. Time is of the essence of Subdivider's performance
of all of its obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of California Department of Labor.
3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor
performing any of the Works of Improvement shall discriminate against any employee or
prospective employee with respect to such work in hiring, promotion, seniority, or any
other terms and conditions of employment on the grounds of race, creed, color, national
origin, ancestry, religion, sex, or marital status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
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. Securi .
4.1 Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to
City the following bonds, letters of credit, instruments of credit (assignment of deposit
account) or other security acceptable to City in its sole and absolute discretion and
satisfying the requirements of the applicable provisions of this , Section 4 below
(hereinafter "Security Instruments"):
(i) ' A Security Instrument securing Subdivider's faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
$1.802, 338.00 equal to 100% of the estimated construction cost referenced in Section
1.1.
(ii) A Security Instrument guaranteeing the payment to contractors,
subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor
and Materials Security Instrument") with respect to the Works of Improvement in an
amount equal to $901,219.00 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 $5000.00 equal to 100% of the
cost thereof.
This Agreement shall not be effective for any purpose until such Security
Instruments are supplied to and approved by City in accordance herewith.
(b) Required Security Instrument for Maintenance and Warranty. Prior to the
City Council's acceptance of the Works of Improvement and recordation of a Notice of
Completion, Subdivider shall deliver a Security Instrument warranting the work accepted
for a period of one (1) year following said acceptance ("Maintenance and Warranty
Security Instrument"), in the amount of $351,886.00 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 provided by City or otherwise
approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such
bond must be issued and executed by an insurance company or bank authorized to
transact surety business in the State of California. Any insurance company acting as
surety shall have a minimum rating of A -IX, as rated by the current edition of Best's Key
Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any
bank acting as surety shall have a minimum rating of AA, as rated by Moody's or
Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any
letter of credit shall be an original separate unconditional, irrevocable, negotiable and
transferable commercial letter of credit issued by a financial institution with offices in the
State of California acceptable to City. Any such letter of credit shall specifically permit
City to draw on same by unilateral certification of the City Engineer of the City that
Subdivider is in default under its payment or performance obligations hereunder or in
the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)
7
days prior to the date of expiration of any such letter of credit and shall further be
subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of
Credit, any Instrument of Credit shall be an assignment of deposit account assigning as
security to City all of Subdivider's interest in funds on deposit in one or more bank
accounts with financial institutions acceptable to City.
(d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the
City of Palm Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after
the deadline for Subdivider's completing the Works of Improvement, in accordance with
Section 2.1 (other than Instruments of Credit, which shall have no defined term or
expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the
Works of Improvement pursuant to the terms of this Agreement without notice to any
issuer or surety and without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in
order for City to realize on its security under any Security Instrument, Subdivider agrees
to cooperate with City to facilitate City's realization under any Security Instrument, and
to take no action to prevent City from such realization of any Security Instrument.
Notwithstanding the giving of any Security Instrument or the subsequent expiration of
any Security Instrument or any failure by any surety or financial institution to perform its
obligations with respect thereto, Subdivider shall be personally liable for performance
under this Agreement and for payment of the cost of the labor and materials for the
improvements required to be constructed or installed hereby and shall, within ten (10)
days after written demand therefor, deliver to City such substitute security as City shall
require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be
-entitled to draw on'any such letter of credit if a replacement letter of credit (expiring in
not less, than -one (1) year, unless City agrees to a lesser term in City's sole and
absolute discretion) is -not delivered not less than thirty (30) days prior to the expiration
of the original letter of credit, such substitute letter of credit being in the same amount
and having the terms and conditions as the initial letter of credit delivered hereunder,
issued by a financial institution acceptable to City as of the date of delivery of the
replacement letter of credit.
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(b) In the event of draw by the City on a letter of credit, the City may elect, in its
sole and absolute discretion, to apply any such funds drawn to the obligations secured
by such letter of credit or to hold such funds in an account under the control of the City,
with no interest accruing thereon for the benefit of the Subdivider. If the City elects to
hold the funds in an account pursuant to the foregoing, City may thereafter at any time
elect instead to apply such funds as provided in the foregoing. Subdivider agrees and
hereby grants City a security interest in such account to the extent required for City to
realize on its interests therein and agrees to execute and deliver to City any other
documents requested by City in order to evidence the creation and perfection of City's
security interest in such account.
4.5 Release of Security Instruments.
(a) City shall 'release the Faithful Performance Security Instrument and Labor
and Materials Security Instrument when all of the following have occurred:
. .:(i) Subdivider has made written request for release and provided evidence of
satisfaction of all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument;
and
(iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
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.
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5.2 Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its
authorized representative make the usual and customary inspections of the Works of
Improvement. In addition, Subdivider shall compensate City for all design, plan check,
.evaluating any proposed or agreed -upon changes in the work. The procedures for
deposit and payment of such fees shall be as established by the City Council. In no
event shall Subdivider be entitled to additional inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid; including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as
appropriate resolution or resolutions accepting all offers of dedication shown on the Map
for the Property, with acceptance to become effective upon completion and acceptance
by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to
execute the Certificate made a part of the Map regarding said acceptance of the offer of
dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement
against defective materials and workmanship for a period of one (1) year from the date
of final acceptance. If any of the Works of Improvement should fail or prove defective
within said one (1) year period due to any reason other than improper maintenance, or if
any settlement of fill or backfill occurs, or should any portion of the Works of
Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15)
days after written notice of such defects, or within such shorter time as may reasonably
be determined by the City in the event of emergency, shall commence to repair or
replace the same together with any other work which may be damaged or displaced in
so doing. Should Subdivider fail to remedy defective material and/or workmanship or
make replacements or repairs within the period of time set forth above, City may make
such repairs and replacements and the actual cost of the required labor and materials
shall be chargeable to and payable by Subdivider. The warranty provided herein shall
not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise
imposed by law.
B. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City, for a default by Subdivider hereunder, such remedy shall be in
addition to, and not exclusive of, City's right to pursue any other administrative, legal, or
equitable remedy to which it may by entitled.
8.2 . City Right to Perform Work. In addition to whatever other rights or
remedies it may have' for Subdivider's default hereunder, in the event Subdivider shall
fail to timely perform any work required to be performed under this Agreement and such
failure shall continue for a period of twenty (20) days after receipt of written notice of
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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. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's
failure to perform the construction and installation of the Works of Improvement in
accordance with the requirements contained or referenced in this Agreement. Said
indemnity obligation shall apply to personal injury, death, property damage, economic
loss, and any other monetary damage or penalty to which City may be subjected,
including without limitation, attorney's fees and costs and the costs of realizing on any
Security Instrument provided by Subdivider pursuant to the terms hereof. Such
indemnity obligation shall not extend to any loss resulting from City's sole negligence or
willful misconduct.
10. General Provisions.
10.1 Successors and Assions. 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.
11
10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates
all of the terms and conditions mentioned herein, or incidental hereto, and supersedes
all negotiations and previous agreements between the parties with respect to all or part
of the subject matter hereof, except as may be expressly provided herein. All waivers of
the provisions of this Agreement must be in writing and signed by an authorized
representative of the party to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
11. Corporate Authority.The persons, executing this Agreement on behalf of
the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into of this Agreement does not violate any provisions
of any other Agreement to which said party is bound.
* * * * * (Signatures on
Next Page)
12
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST:
CALIFORNIA
CITY OF PALM SPRINGS,
James Thompson, City Clerk David H. Ready pager
STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED BY:
APPROVED BY CITf CDUNCI!
00
�n 6 ^ r 'l,�ity Engineer
A
SUBDIVIDER: _
Dakota PS, LLC, a California Limited Liability Company
Check one: _Individual _Partnership _Corporation' x Company
'Note, for Corporations, ,two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
(notarized) By. Signature (notarized)
Name:
Title: IM 0.v►A qt-i2 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:
555 Smk+ Sur c,�clsE .�
SUS S- t!N S
a 2zce�(
32S _ 332,E
U 3 5 -ff (fax)
iCl
ALL-PURPOSE ACKNOWLEDGMENT
State of I I-f b (a
County o
On (?�;bone_ ZA, 2014 be ore me,
Date Bk(iG ame,
personally appeared ,_�o�1n_We6!
G personally known to me - OR —
9a proved to me on the basis of satisfactory evidence to be the
persons(g) whose name(g) is/af& subscribed to the within
instrument and acknowledged to me that he/ahe/they executed
the same in his/herfteir authorized capacity(iea), and that by
his/lwer/ttTeir signature(q) on the instrument the person($) or the
entity upon behalf of which the persons(X) acted, executed the
instrument.
Witness my hand and official seal.
Commission i 2037158
Notary Public • California
Riverside County
CAPACITY CLAIMED BY
SIGNER
G INDIVIDUAL(S)
GCORPORATE
OFFICER(S)
TITLE(S)
GPARTNER(S)
GATTORNEY-IN-FACT
GTRUSTEE(S)
GSUBSCRIBING WITNESS
GGUARDIAN/CONSERVATOR
GOTHER
wa. WtX_
SIGNER IS REPRESENTING:
Z ck_ o. PSI LLG
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of
i VISfo Yl
Number of Pages DATE OF DOCUMENT,
Signer(s) Other Than Named Above
15
EXHIBIT "A"
TRACT MAP 36548' LEGAL DESCRIPTION
Tract Map No. 36548, as recorded in Map Book 4�F3, Pages through 5Z inclusive, records
of Riverside County, California.
THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF
SOUTHEAST QUARTER OF SECTION 22 TOWNSHIP 4 SOUTH RANGE 4
EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOWS. -
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID WEST HALF, DISTANT
OF NORTH 00037'51 " EAST, 414.21 FEET FROM THE SOUTHEAST CORNER OF
SAID WEST HALF, -
THENCE LEAVING SAID EASTERLY LINE, NORTH 89.2209' WEST, 114.26
FEET, -
THENCE NORTH 1104878" WEST, 226.63 FEET,
THENCE NORTH 3503352" WEST, 63268 FEET, -
THENCE NORTH 0°38J8"EAST, 7291 FEET,
THENCE NORTH 40024J4" WEST, 120.72 FEET TO A POINT ON THE
NORTHERLYLINE OF SAID WESTHALF, DISTANT SOUTH 89052,56" EAST
40.47 FEET FROM THE NORTHWEST CORNER OF SAID WEST HALF, -
THENCEALONG THE NORTHERLY AAD EASTERLY LINES OF SAID WEST HALF
OF THE FOLLOWING COURSES.- SOUTH 89°5256" EAST, 61597
FEET AAD SOUTH 003751 " WEST, 90137 FEET TO THE POINT OF
BEGINNING.
ALSO SHOWN AS PARCEL A OF LOT LINE ADJUSTMENTNO. 06-01
RECORDED APRIL 24, 2006 AS INSTRUMENT NO. 2006-0293346
OF OFRCIAL RECORDS
EXHIBIT "B"
TENTATIVE TRACT MAP 36548 CONDITIONS OF APPROVAL
17
Resolution No. 23507
Page 10
EXHIBIT A
Case No. 5.1310 PDD 365 and TTM 36548
"Dakota"
Planned Development District and Tentative Tract Map
6.37-acres on west side of Belardo Road, approx. 500ft south of Morongo Road
(1501 South Belardo Road)
February 19, 2014
CONDITIONS OF APPROVAL
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 Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Proiect Description. This approval is for the project described per Case
5.1310 PDD 365 TTM 36548; 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 (October 24; 2013),
including site plans, architectural elevations, exterior materials and colors,
landscaping, and grading on file in the Planning Division except as modified
by the approved Mitigation Measures and conditions below.
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 Man. This approval is for Tentative Tract Map 36548, date stamped
December 17, 2013. This approval is subject to all applicable regulations of
the Subdivision Map Act, the Palm Springs Municipal Code, and any, other
applicable City Codes, ordinances and resolutions.
Resolution No. 23507
Page 11
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 5.1310 PDD 365 & TTM 36548. 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 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. Time Limit on Approval. Approval of the Planned Development District (PDD)
and Tentative Tract Map (TTM) shall be valid for a period of two (2) years
from the effective date of the approval. Extensions of time may be granted by
the Planning Commission upon demonstration of good cause.
Extensions of time may be approved pursuant to Code Section 9:63.110.
Such extension shall be required in writing and received prior to the expiration
of the original approval.
ADM 9. Riaht 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.
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
Resolution No_ 23507
Page 12
shall be based upon the total building permit valuation as calculated pursuant
to the valuation table in the Uniform Building Code, the fee being 112% 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. Community Services District. The City's existing public safety and recreation
services, including police protection, criminal justice, fire protection and
suppression, ambulance, paramedic, and other safety services and
recreation, library, cultural services are near capacity. Accordingly, the City
may determine to form a Community Services District under the authority of
Government Code Section 53311 et seq., or other appropriate statutory or
municipal authority. Developer agrees to support the formation of such
assessment district and shall waive any right to protest, provided that the
amount. of such assessment shall be established through appropriate study
and shall not exceed $500 annually with a consumer price index escalator.
The district shall be formed prior to sale of any lots or a covenant agreement
shall be recorded against each parcel, permitting incorporation of the parcel in
the district.
ADM 13. Tribal Fees Required. As the property is Indian reservation land, fees as
required by the Agua Caliente Band of Cahuilla Indians Tribal Council,
including any applicable habitat conservation plan fees shall be paid prior to
issuance of any grading permit for the site.
ADM 14. Comply with City Noise Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Resolution No. 23507
Page 13
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
in a format to be approved by the City Attorney. The draft CC&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 $676 filing fee shall also be paid to the City Planning
Department for administrative review purposes.
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
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
Resolution No. 23507
Page 14'
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfg.ea.gov for more information.
ENV 2. Mitigation Monitoring. The mitigation measures of the environmental
assessment shall apply. The applicant shall submit a signed agreement that
the mitigation measures outlined.as part of the negative declaration will be
included in the project. Mitigation measures are included in the Initial Study,
and hereby incorporated into these conditions by reference. The mitigation
monitoring shall be pursuant to the December 2013 Initial Study / Mitigated
Negative Declaration prepared under contract -for the City by Terra Nova
Planning and Research, Inc.
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. Reimburse City for Monitoring Expenses. The developer shall reimburse the
City for the City's costs incurred in monitoring the developer's compliance
with the conditions of approval and mitigation monitoring program, including,
but not limited to inspections and review of developer's operations and
activities for compliance with all applicable mitigation measures. This
condition of approval is supplemental and in addition to normal building permit
and public improvement permits that may be required pursuant to the Palm
Springs Municipal Code.
PLANNING DEPARTMENT CONDITIONS
PLN I. Outdoor Lighting Conformance. Exterior lighting plans, including a
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.
PLN 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
Resolution No. 23507
Page 15
submittal to the City, landscape / irrigation plans shall also be certified by the
local water agency that they are in conformance with the water agency's and
the State's Water Efficient Landscape Ordinances.
PLN 3. Conditions Imposed from AAC Review. The applicant shall incorporate the
following comments from the review of the project by the City's Architectural
Advisory Committee:
a. Acacia trees shall be planted near the interior street and Lots 3 — 9 and 32
= 35 where not impeded by underground utilities.
PLN 4. 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.
PLN 5. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must
conform to California Title 24 thermal standards for °Cool Roofs". Such roofs
must have a minimum initial thermal emittanoe of 0.75 or a minimum SRI of
64 and a three-year aged solar reflectance of 0.55 or greater. Only matte
.(non-specular) roofing is allowed in colors such as beige or tan.
PLN 6. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
PLN 7. 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 8. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 9. Outside Stora a Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 10. Bicycle Parking. The project shall be required to provide secure bicycle
parking facilities on site for use by residents and guests. Location and design
shall be approved by the Director of Planning.
PLN 11. Update of City's Zoning Mao. 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 12. Development Standards.
Individual lots shall be developed as shown on the approved.site plan, and
meet the following criteria:
a. Building Height: 24 feet above finished floor (except permitted projections
specified in Section 93.03.00 of the zoning code)
Resolution No. 23507
Page 16
b. Front Yard: 5 feet
c. Side Yards: 3 feet
d. Street Side Yards: 5 feet
e. Rear Yard: 10 feet
f. Poolfspa setbacks: 3 feet
g. Distance Between Buildings: 6 feet
PLN 13. Hillside Open Space. The hillside area shown as Lot II on TTM 36548 shall
be dedicated as open space.
PLN 14. Trailhead. An improved trailhead providing public access shall be provided
by dedication to the City.
PLN 15. Solar Control -on Lots 1-10. Plans for street elevation on Lots 1-10 shall be
submitted showing additional sun control measures for review and approval of
the Planning Department.
PLN 16. Mailbox Design. Mailboxes to be integrated into project design, subject to
approval of the Planning Department.
PLN 17. Fence at Rear of Project Site. The entire "purple" retaining wall and fence
above (Design Arch, Sheet L3.1, 1013/2013) shall be changed to colors
compatible with the natural environment (not charcoal), subject to approval of
the Planning Department.
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section 11 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
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.
STREETS
ENG 1_ Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
Resolution No. 23507
Page 17
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.
ENG 3. The applicant shall be required to construct asphalt concrete paving for
streets in two separate lifts. The final lift of asphalt concrete pavement shall
be postponed until such time that on -site construction activities are complete,
as may be determined by the City Engineer. Paving of streets in one lift prior
to completion of on -site construction will not be allowed, unless prior
authorization has been obtained from the City Engineer. Completion of
asphalt concrete paving for streets prior to completion of on -site construction
activities, if authorized by the City Engineer, will require additional paving
requirements prior to acceptance of the street improvements, including, but
not limited to: removal and replacement of damaged asphalt concrete
pavement, overlay, slurry seal, or other repairs, as required by the City
Engineer.
ENG 4. Dedicate a property line - comer cut back at each side of the Street "A"
intersection with Belardo Road in accordance with City of Palm Springs
Standard Drawing No. 105.
ENG 5. Dedicate abutters rights of access to Belardo Road along the entire frontage
of the project, excluding the four approved access points; vehicular access to
Belardo Road shall be prohibited except through the four approved access
points.
ENG 6. Remove existing street improvements as necessary to construct a Main Entry
and new street intersection (Street "A") located approximately 110 feet south
of the north site property line. The Main Entry shall be constructed with 2$
feet radius curb returns and Type A curb ramps meeting current California
State Accessibility standards at the northwest and southwest corners of the
intersection of Belardo Road and Street "A" ih accordance with City of Palm
Springs Standard Drawing No. 200 & 206, and 212, respectively.
ENG 7. Remove existing street improvements as necessary to construct three
driveway approaches in accordance with City of Palm Springs Standard
Drawing No. 201. Construct a driveway approach (26 feet wide) at the
southeast end of Street "B"; construct a driveway approach (18 feet wide)
approximately 180 feet south of the centerline of the Street "B" driveway
approach for the benefit of access to residential Lots 37, 38, and 39; construct
a driveway approach (16 feet wide) approximately 375 feet south of the
centerline of the Street "B" driveway approach for the benefit of access to the
residential Lot 39 casita.
Resolution No. 23507
Page 18
ENG 8. All broken or off grade street improvements along the project frontage shall
be repaired or replaced.
ON -SITE PRIVATE STREETS
ENG 9. Dedicate an easement for public utility purposes, including sewers, with the
right of ingress and egress for service and emergency vehicles and personnel
over the proposed private streets.
ENG 10. Street "A" shall be two-way with a minimum travelway width of 30 feet, and
shall be constructed with standard 6 inch curb and gutter, a wedge curb, a
mow strip at roadway grade, or other approved curbs along both sides of the
street, and a centerline gutter, as necessary to accept and convey street
surface drainage of Street "A" to the drainage system, in accordance with
applicable City standards. Construct a Type B2 gutter, modified to 3 feet
wide, along the centerline of Street "A" in accordance with City of Palm
Springs Standard Drawing No. 200.
ENG 11. Streets "B" through "D" shall be two-way with a minimum travelway width of
25 feet, and shall be constructed with standard 6 inch curb and gutter, a
wedge curb, a mow strip at roadway grade, or other approved curbs on both
sides of the streets, and a centerline gutter, 'as necessary to accept and
convey street surface drainage of the on -site streets to the drainage system,
in accordance with applicable City standards. Construct a Type 62 gutter,
modified to 3 feet wide, along the centerlines of the on -site private Streets"'V
through "D" in accordance with City of Palm Springs Standard Drawing No.
200.
ENG 12. The minimum pavement section for all on -site pavement shall be 2-1/2 inches
asphalt concrete pavement over 4 inches crushed miscellaneous base with a
minimum subgrade of 24 inches at 95% relative compaction, or equal,
between the edges of the proposed gutters (or mow strips) of the on -site
private streets. 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 13. Parking shall be restricted along both sides of the on -site private streets, as
necessary to maintain a minimum 24 feet wide clear two-way travel way.
Alternatively, the guest parking areas scattered throughout the development,
shall be used in lieu of on -street parallel parking. 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&Rs) required for the development.
Resolution No. 23507
Page 19
ENG 14; The gated Main Entry on Belardo Road is subject to review and approval by
the City Engineer and Fire Marshall. The applicant shall provide an exhibit
showing truck turning movements around the Main 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 Belardo Road 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 StrobeswitchTM, 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 required 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.
ENG 15. The gated entry at Street "B" shall be for egress only. A Knox key operated
switch shall be installed at every automatic gate.
ENG 16. The gated entry for Lots 37, 38, and 39 shall be for ingress to and egress
from these lots only. A Knox key operated switch shall be installed at every
automatic gate
SANITARY SEWER
ENG 17. All sanitary facilities shall be connected to the public sewer system. New
. laterals shall not be connected at manholes.
ENG 18. Submit sewer improvement plans prepared by a California registered civil
engineer to the Engineering Division. The plans shall be approved by the City
Engineer prior to issuance of any building permits.
ENG 19. The proposed connection of the sewer system to the existing private sewer
manhole in Belardo Road, and the existing private sewer system across the
Plaza Del Sol Shopping Center is not approved. The existing on -site private
sewer system in the Plaza Del Sol Shopping Center is not an approved public
sewer system. As necessary to provide public sewer service to Tentative
Tract Map 36548, the applicant shall construct one of the following
alternatives or another alternative as approved by the City Engineer.
Alternative A: The applicant may extend an 8 inch V.C.P. sewer main in
Morongo Road from, the existing terminal sewer manhole located
approximately 100 feet east of S. Palm Canyon Drive extending westerly to
Resolution No. 23507
.Page 20
Belardo Road; and in Belardo Road from Morongo Road extending southerly
to the proposed public sewer manhole located adjacent to Street "A" of the
TM36548 site; the proposed on -site public sewer system shall connect to this
proposed sewer manhole. An alternative sewer alignment, within public
rights -of -way may be approved by the City Engineer. If this alternative is
constructed, the existing on -site private sewer system servicing the Plaza Del
Sol Apartments (Assessor's Parcel No. 613-300-045), shall be connected to
the extended public sewer system within Belardo Road; the existing terminal
manhole and 8 inch V.C.P. sewer main extending to Belardo Road from the
Plaza Del Sol Shopping Center shall be removed to a point within the Plaza
Del Sol Shopping Center, as required by the City Engineer.
Alternative B: The applicant may construct a public sewer main from the
Street "B" driveway across Belardo Road to Tribal Allottee Parcel 67B within
that parcel identified by Assessor's Parcel No. 513-300-038 (Plaza Del Sol
Shopping Center) a minimum of 10 feet away from the most southern portion
of the Steinmart Building and connect to a proposed sewer manhole on the
west side of S. Palm Canyon Drive. A 20 feet wide public sewer easement
shall be attained across the Tribal Allottee parcel 67B for the Alternative B
public sewer main. When public dedications of easements or rights -of -way
over Tribal Allottee land are required, the applicant shall be responsible for
compliance with all Bureau of Indian Affairs (BIA) requirements, including
payment of any BIA fees, obtaining appraisals and payment of just
compensation to the underlying owner. It is the applicant's responsibility to
determine what additional costs or other requirements may be necessary to
obtain any required public dedications as identified by the City for this
development. Required public dedications for easements or rights -of -way are
"without limitation as to tenure"; easements granted with a defined term, or
made in connection with an underlying Indian Land Lease, shall not be
accepted. Upon completion of Alternative B improvements by the applicant,
and as a condition of acceptance by the City Engineer, the applicant shall
prepare for the City Engineer's approval, an Affidavit of Completion in
accordance with Section 169.16, Title 25, of the Code of Federal Regulations,
for any improvements constructed by the applicant for which an easement
was dedicated to the City through the Bureau of Indian Affairs. The Affidavit
of Completion shall be provided to and approved by the City Engineer prior to
final acceptance of the project, including issuance of a final certificate of
occupancy. The applicant. shall be responsible for obtaining the necessary
form for the Affidavit of Completion from the Palm Springs Agency of the
Bureau of Indian Affairs, and for having it completed as necessary by the
applicant's Engineer of Record.
ENG 20. Construct an 8 inch V.C.P. sewer main across the entire on -site private street
frontages located 5 feet from centerline or as required by the City Engineer
and connect to the extended public sewer system in Belardo Road at the
northeast corner of the site or alternatively, connect to an extended public
Resolufion No. 23507
Page 21
sewer system going from the project from the "B" Street driveway across
Belardo Road to the Plaza Del Sol Shopping Center onto Tribal Allottee
Parcel 67B . All sewer mains constructed by the applicant and to become part
of the public sewer system shall be digitally video recorded by the City prior to
acceptance of the sewer system for maintenance by the City. A computer disc
of the video recording shall be provided to the CityEngineer for review. Any
defects of the sewer main shall be removed, replaced, or repaired to the
satisfaction of the City Engineer prior to acceptance.
ENG 21. The applicant shall dedicate a 15 feet wide public sewer easement across
common area Lot AA. The required sewer easement shall be located entirely
within common area Lot AA. Note that the sewer main shall be constructed in
Street "A" from Street "B" to Belardo Road, and not across Lot 1. The
easement shall be kept clear and free of any and all obstructions to allow for
the continued operation and maintenance of the proposed public sewer main
within the easement. Construction of permanent structures or other
improvements determined to be an obstruction of the public sewer easement
shall not be allowed. Planting of large trees or other planting material with
invasive or deep root structures shall be restricted. Access to the public
sewer easement from Street "B" shall be ,maintained. Provisions for the
maintenance of the public sewer easement, acceptable to the City Engineer,
shall be included in the CC&Rs for the tract Notice shall be clearly included in
the CC&Rs defining restrictions of development within the easement.
ENG 22. Provisions for maintenance of the public sewer easement, acceptable to the
City Engineer, shall be included in the Codes, Covenants, and Restrictions
(CC&Rs) required for this development. Notice shall be clearly included in the
CC&Rs defining the restrictions of development within the easement across
common area Lot AA. The CC&Rs shall advise .the property owners of the
City's right to enter the site, Gear and remove any and all improvements
and/or obstructions within the easement, and give the City the right to charge
all costs incurred in enforcing this provision to the owners of common area
Lot AA. The CC&Rs shall also advise the property owners of the fact that the
City is not required to replace in - like kind; any landscaping or other
improvements within the public sewer easement in the event repair or
replacement of the existing sewer main is required, and that the City shall be
limited to leaving the property in a rough graded condition following any such
repair or replacement.
ENG 23. Applicant shall construct an 8 inch V.C.P. sewer main across the entire on -
site private street frontages located 5 feet from centerline or as required by
the City Engineer and connect to the extended public sewer system in
Belardo Road adjacent to the northeast corner of the TTM36548 site or
alternatively, to connect to the proposed public sewer main across the Tribal
Allottee, parcel running easterly to the proposed public sewer manhole on the
west side of S. Palm Canyon Drive, or alternatively to another location as
approved by the City Engineer. The on -site public sewer system will not be
Resolution No. 23507
Page 22
accepted for public maintenance until the system has been accepted by the
City.
ENG 24. Upon completion of the construction of public sewer lines, an as -built drawing
in digital format shall be provided to the City as required by the City Engineer,
if the sewer was not constructed in accordance with the original approved
sewer plans.
GRADING
ENG 25. Common space Lot II shall not be graded by applicant. A Grading plan
submitted to the City Engineer for review and approval shall incorporate this
grading restriction. Lot II shall be dedicated to the City on the Final Map for
open space, recreation, or other purposes, as approved by the City Engineer.
ENG 26. Submit a Precise Gradirig & Paving Plan prepared by a California registered
Civil engineer to the Engineering Division for review and approval. The
Precise Grading 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 Certificate(s) of Completion from AQMD for staff that has completed
the required training. For information on attending a Fugitive Dust Control
Class and information on the Coachella Valley Fugitive Dust Control
Handbook and related "PM10" Dust Control issues, please contact AQMD
at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control
Plan, in conformance with the Coachella Valley Fugitive Dust Control
Handbook, shall be submitted to and approved by the Engineering
Division prior to approval of the Grading plan.
b. The first submittal of the Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of
Approval; a copy of a final approved conformed copy of the Tentative
Tract Map; a copy of current Title Report; a copy of Soils Report; a copy of
the associated Hydrology Study/Report; and a copy of the project -specific
Final Water Quality Management Plan.
Resolution No. 23507
Page 23
ENG 27. Prior to approval of a Grading Plan or issuance of any 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. The applicant shall contact the Tribal Historic
Preservation Officer or the Tribal Archaeologist at (760) 699-6800, 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.
ENG 28. In accordance with an approved PM-10 Dust Control Plan, temporary dust
control perimeter fencing shall be installed. Fencing shall have screening that
is tan in color; green screening will not be allowed. Temporary dust control
perimeter fencing shall be installed after issuance of Grading Permit, and
immediately prior to commencement of grading operations.
ENG 29. Temporary dust control 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 30. 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 31. Prior to issuance of grading permit, the applicant shall provide verification to
the City that.the Tribal Habitat Conservation Plan (THCP) fee has been paid
to the Agua Caliente Band of Cahuilla Indians in accordance with the THCP.
ENG 32. In accordance with the Geologic Evaluation for Rods Fall Hazard Report
prepared by Earth Systems, dated June 9, 2006, the following mitigation
measures shall be required:
a. The proposed retaining wall along the toe of slope of the mountains
shall be utilized as a debris wall. The wall shall have a minimum of 2 feet
of freeboard with a v-channel constructed on the slope -facing side to
manage stormwater runoff. The v-channel shall require routine
maintenance to clean accumulated debris that may roll or wash down the
slope and collect behind the wall. Provisions for maintenance of the v-
channel shall be included in the Codes, Covenants, and Restrictions
(CC&Rs) required for this development.
Resolution No. 23507
Page N
b. Structure setbacks shall be a minimum of 10 feet from the toe of
slope.
ENG 33. Mitigation Measure VI-1 from the 2013 Initial Study/Mitigated Negative
Declaration shall be considered in the design and construction of the project.
Foundation design and pool locations adjacent to the shelf area near the
existing slope will mitigate for intact bedrock, talus and accumulated boulders
from past rockfall to the satisfaction of the City Engineer (see also MM-VI-14).
ENG 34. Mitigation Measure VI-2 from the 2013 Initial Study/Mitigated Negative
Declaration shall be considered in the design and construction of the project.
Retaining walls will be designed to accommodate loading from the retention
of rock materials. The upper freeboard portion of the retaining wall will be
designed to include loading from debris flows.
ENG 35. Mitigation Measure VI-3 from the 2013 Initial Study/Mitigated Negative
Declaration shall be considered in the design and construction of the project.
Northwestern Half of Lots (Lot 33 and northwestward): As recommended by
the geotechnical engineer, a catchment ditch shall be employed from Lot 33
northwestward along the toe of slope to Lot 22. The basic design of the ditch
shall conform to the parameters described on page 11 of Earth Systems
Southwest's geotechnical plan review dated August 9, 2013.
Proposed catchment ditches may be designed to serve a dual use for
stormwater . retention and debris flow mitigation, in addition to rockfall
mitigation. Access ramps and easements shall be provided to allow
accessibility for maintenance equipment and work crews. Before finalizing,
the design engineer shall submit cross -sections of proposed catchment
ditches to the engineering geologist and geotechnical engineer. Final design
shall be tested with the use of computer simulation for effectiveness relative
to the specific slope geometry.
ENG 36. Provisions for maintenance of the catchment ditches shall be included in the
Codes. Covenants, and Restrictions (CC&Rs) required for this development.
ENG 37. Mitigation Measure VI-4 from the 2013 Initial Study/Mitigated Negative
Declaration shall be considered in the design and construction of the project.
Southwestern Half of Lots (south of Lot 33): As recommended by the
geotechnical engineer, a debris flow wall shall be constructed for the
remaining portion of the project along the existing slope. The wall and
drainage swale behind the wall shall be designed in conformance with the
parameters described on pages 7 and 12 of Earth Systems Southwest's
geotechnical plan review dated August 9, 2013. Adequate access for
maintenance equipment and crews shall be provided.
Resolution No. 23507
Page 25
ENG_38. Provisions for maintenance of the wall and drainage $wale behind the wall
shall be included in the Codes, Covenants, and Restrictions (CC&Rs)
required for this development.
ENG 39. Mitigation Measure VI-5 from the 2013 Initial Study/Mitigated Negative
Declaration shall be considered in the design and construction of the project.
Deck/Flatwork Subgrade Preparation: In the deck/flatwork areas, the
subgrade shall be over excavated according to parameters described on
page 10 of Earth Systems Southwest's geotechnical plan review dated
August 9, 2013. Compaction shall be verified by testing.
ENG 40. Mitigation Measure VI-6 from the 2013 Initial Study/Mitigated Negative
Declaration shall be considered in the design and construction of the project.
Cut Slopes: Cut slopes in bedrock shall be evaluated on a slope -by -slope
basis by the project engineering geologist, as described on page 10 of Earth
Systems Southwest's geotechnical plan review dated August 9, 2013.
ENG 41. Mitigation Measure VI-7 from the 2013 Initial Study/Mitigated Negative
Declaration shall be considered in the design and construction of the project.
Oversize Rock Disposal: The project shall consult the recommendations
pertaining to oversize rock removal and stockpiling provided on page 10 of
Earth Systems Southwests geotechnical plan review on August 9, 2013.
ENG 42. Mitigation Measure VI-8 from the 2013 Initial Study/Mitigated Negative
Declaration shall be considered in the design and construction of the project.
Slopes: To avoid erosion or overflowing of slopes as they weather and
deteriorate, the project shall consult the recommendations described on page
10 of Earth Systems Southwest's geotechnical plan review dated August 9,
2013.
ENG 43. Mitigation 'Measure VI-9 from the 2013 Initial Study/Mitigated Negative
Declaration shall be considered in the design and construction of the project
Catchment Ditch: The. project shall consult the design recommendations for
the catchment ditch, which are described on page 11 of Earth Systems
Southwest's geotechnical plan review dated August 9, 2013.
ENG 44. Mitigation Measure VI-10 from the 2013 Initial Study/Mitigated Negative
Declaration shall be considered in the design and construction of the project.
Remedial Grading: The project shall implement speck recommendations
pertaining to grading, remedial grading, trench backfill, and foundation criteria
provided in the following geotechnical reports: Geotechnical Engineering
Report, File No. 09709-02, Doc. No. 04-08-825, Earth Systems Southwest,
August 31, 2004; Summary of Findings, Geologic Evaluation of Rock Fall
Hazard, File No. 09709-03, Doc. No. 06-06-769, Earth Systems Southwest,
June 9, 2006; and Geotechnical Engineering Report Update, File No. 09709-
02, Doc. No. 13-04-707, Earth Systems Southwest, April'9, 2013.
Resolution No. 23507
Page 26
ENG 45. Mitigation Measure VI-11 from the 2013 Initial Study/Mitigated Negative
Declaration shall be considered in the design and construction of the project.
A qualified geotechnical engineer shall be retained during the construction
process to provide testing and observe compliance with approved plans and
mitigation measures.
ENG 46. Mitigation Measure VI-12 from the 2013 Initial Study/Mitigated Negative
Declaration shall be considered in the design and construction of the project.
All depressions and/or sink holes identified in the geotechnical plan review
prepared by Earth Systems Southwest, dated August 9, 2013, shall be
excavated to firm materials and backfilled with soil or slurry.
ENG 47. Mitigation Measure VI-13 from the 2013 Initial Study/Mitigated Negative
Declaration shall be considered in the design and construction of the project.
Transition Conditions for Residences: In pad transition areas (cut to fill), over
excavation shall occur in accordance with the parameters described on page
9 of Earth Systems Southwest's geotechnical plan review dated August 9,
2013. The bottom of the excavation and excavation sidewalls shall be
reviewed by the project geotechnical engineer or geologist for suitability prior
to recompaction. Compaction shall be verified by testing.
ENG 48. Mitigation Measure VI-14 from the 2013 Initial Study/Mitigated Negative
Declaration shall be considered in the design and construction of the project.
Subgrade Preparation for Pools and Spas Founded in Bedrock and Transition
Conditions: Soils below pool/spa shells and foundation areas (for any water
features of support structures) shall be over excavated in accordance with the
methods described on pages 9 and 10 of Earth Systems Southwest's
geotechnical plan review dated August 9, 2013. The bottom of the excavation
and excavation sidewalls shall be .reviewed by the project geotechnical
engineer or geologist for suitability prior to recompaction. Compaction shall be
verified by testing.
ENG.49. Drainage swales shall be provided adjacent to all curbs and sidewalks to
keep nuisance water from entering the public streets, roadways, or gutters.
ENG 50. A Notice of Intent (NO[) to comply with the California ,General Construction
Stonnwater Permit (Water Quality Order 2009-0009-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 51. This project requires the preparation and implementation of a stormwater
pollution 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
Resolution No. 23507
Page 27
Permit. Where applicable, 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 52. In accordance with City of Palm Springs Municipal Code, Section 8.50.022
(h), the applicant shall post with the City a cash bond of two thousand dollars
($2,000.00) per disturbed acre at the time of issuance of grading permit for
mitigation measures for erosion/blowsand relating to this property and
development.
ENG 53. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the
grading plan for the ,proposed development. A copy of the Geotechnical/Soils
Report shall be submitted to the Engineering Division with the first submittal
of a grading plan.
ENG 54. The applicant shall provide all necessary geotechnical/soils inspections and
testing in accordance with the Geotechnical/Soils Report prepared for the
project. All backfill, compaction, and other earthwork shown on the approved
grading plan shall be certified by a California registered geotechnical or civil
engineer, certifying that all grading was performed in accordance with the
GeotechnicaL/Soils Report prepared for the project. No certificate of
occupancy will be issued until the required certification is provided to the City
Engineer.
ENG 55. The applicant shall provide pad elevation certifications for all building pads in
conformance with the approved grading plan, to the Engineering Division prior
to construction of any building foundation.
ENG 56. 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. 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 57. This project shall be required to install measures in accordance with
applicable National Pollution Discharge Elimination System (NPDES) Best
Management Practices (BMP's) included as part of the NPDES Permit issued
Resolution No. 23507
Page 28
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&Rs) required for the
development.
ENG 58. 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 59. 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 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
Community Service Areas responsible for implementing the Final Project -
Specific WQMP; or equivalent. Alternative instruments must be approved by
the City Engineer prior to the issuance of any grading or building permits.
ENG 60. Prior to issuance of certificate of occupancy or final City approvals, 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-structural
BMP's included in the approved Final Project -Specific WQMP, conditions
of approval, or grading/building permit conditions; and
Resolution No. 23507
Page 29
(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 61. All stormwater runoff across the property shall be accepted and conveyed in a
manner acceptable to the City Engineer and released to an approved
drainage system. The applicant shall obtain approval from Riverside County
Flood Control 8, Water Conservation District (RCFC) for. connection of
proposed storm drain improvements to the existing regional flood control
system identified as Palm Springs Line 28-13. Verification of the capacity of
Palm Springs Line 28-B for the additional stormwater runoff accepted and
conveyed by Tentative Tract Map 36W shall be determined, subject to
review and approval by RCFC and the City Engineer. RCFC approval shall
be required for any connection of proposed storm drain facilities to the
existing RCFC facility. The applicant shall be required to obtain an
Encroachment Permit from RCFC for connection of proposed storm drain
improvements to Palm Springs Line 28-B. A copy of the Encroachment
Permit shall be provided to the City Engineer, prior to approval of on -site
storm drain improvement plans.
ENG 62. The Preliminary Hydrology Analysis for Tentative Tract No. 36548, prepared
by Sanborn ME, Inc., dated March, 2013, shall be finalized 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 storm drain system sizing and other stormwater runoff
mitigation measures shall be determined upon review and approval of the
final hydrology analysis by the City Engineer and may require redesign or
changes to site configuration or layout consistent with the findings of the final
hydrology analysis. In the event additional capacity is unavailable within
Palm Springs Line 28-B, the applicant shall be required to revise the
Hydrology Analysis to identify additional stormwater runoff mitigation
measures necessary to contain the increased stormwater runoff generated
from Tentative Tract Map 36548.
ENG 63. Submit storm drain improvement plans for all on -site storm drainage system
facilities for review and approval by the City Engineer.
ENG 64. Construct drainage improvements, including but not limited to catch basins,
and storm drain lines, for drainage of on -site streets, as described in the
Preliminary Hydrology Analysis for Tentative Tract No. 36648, prepared by
Sanborn A/E, Inc., dated March, 2013. The hydrology analysis for Tentative
Tract Map 36548 shall be amended to include catch basin sizing and storm
drain pipe sizing, and other specifications for construction of required on -site
storm drainage improvements.
Resolution No, 23507
Page 30
ENG 65. All on -site storm drain systems shall be privately maintained by a Home
Owners 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&Rs) required for this project.
ENG 66. Applicant shall design the storm drain system so that the 10-year storm will
be discharged to Regional Storm Drain Line 2813; the difference in runoff
between the 100-year storm and the 10-year storm will be discharged as
secondary free land overflow to the on -site streets and ultimately to Belardo
Road through a catch basin outlet system; or another alternative as approved
by the City Engineer.
ENG 67. 15 feet wide easements to the future Home Owners Association for storm
drainage purposes shall be reserved over non -hillside areas of Lots 1 through
39, common area lots BB and DD (on each side of the Main Entry), and
common area Lots CC, EE and FF, (or others, as may be required) for those
portions of the on -site private storm drain system that cross individual lots. 10
feet wide easements to the future Home Owners Association for storm
drainage purposes shall be reserved over the hillside portions of the
aforementioned lots for the on -site private storm drain system as necessary.
ENG 68. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $7,271.00 per acre per Resolution
No. 15189. Fees shall be paid prior to issuance of a building permit. Drainage
fees may be waived upon verification of prior costs paid related to the
construction of the Palm Springs Storm Drain Line, Lateral 28B.
GENERAL
ENG 69. Any utility trenches or other excavations within existing asphalt concrete
pavement of. off -site streets required by the proposed development shall be
backfilled and repaired in accordance with City of Palm Springs Standard
Drawing No. 115. The developer shall be responsible for removing, grinding,
paving and/or overlaying existing asphalt concrete pavement of off -site
streets as required by and at the discretion of the City Engineer, including
additional pavement repairs to pavement repairs made by utility companies
for utilities installed for the benefit of the proposed development (i.e. Desert
Water Agency, Southern California Edison, Southern California Gas
Company, Time Warner, Verizon, Mission Springs Water District, 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.
Resolution No. 23507
Page 31
ENG 70. All proposed utility lines shall be installed underground.
ENG 71. All existing utilities shall be shown on the improvement plans for the project.
The existing and proposed service laterals shall be shown from the main line
to the property line.
ENG 72. 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 2004 drawing file), DXF (AutoCAD ASCII drawing
exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of
the type and format of the digital data to be submitted to the City may be
authorized, upon prior approval by the City Engineer.
ENG 73. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as -
built" information and returned to the Engineering Division prior to issuance of
a final certificate of occupancy. Any modifications or changes to approved
improvement plans shall be submitted to the City Engineer for approval prior
to construction.
ENG 74. Nothing shall be constructed or planted in the corner cut-off area of any
intersection or driveway which does or will exceed the height required to
maintain an appropriate sight distance per City of Palm Springs Zoning Code
Section 93.02.00, D.
ENG 75. 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 in accordance with City of Palm Springs Standard Drawing No. 904.
MAP
ENG 76. 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 77. A copy of draft Covenants, Conditions and Restrictions (CC&Rs) shall be
submitted to the City Attorney for review and' approval for any restrictions
related to the Engineering Division's recommendations. The CC&Rs shall be
approved by the City Attorney prior to approval of the Final Map, or in the
Resolution No.'23507
Page 32
absence of a Final Map, shall be submitted and approved by the City Attorney
prior to issuance of Certificate of Occupancy.
ENG 78. 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 (e00), DWG (AutoCAD
2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII
drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats.
Variations of the type and format of G.I.S. digital data to be submitted to the
City may be authorized, upon prior approval of the City Engineer.
TRAFFIC
ENG 79. A minimum of 48 inches of clearance for handicap accessibility shall be
provided on public sidewalks. 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 Belardo Road frontage of the
subject property.
ENG 80. All damaged, destroyed, or modified pavement, legends, traffic control
devices, signing, striping, and street lights, associated with the proposed
development shall be replaced as required by the City Engineer prior to
issuance of a Certificate of Occupancy.
ENG 81. Applicant shall restripe the bike lane (if necessary, as determined by the City
Engineer) using thermoplastic material along the project frontage on the west
side of Belardo Road. 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.
ENG 82. Install a 30 inch stop sign, stop bar, and "STOP" legend .for traffic exiting the
development at the intersection of Belardo Road and the Main Entry, at the
Street "B" driveway access south of the Main Entry, as well as at the Lot AA
driveway serving residential lots 37, 38, and 39, in accordance with City of
Palm Springs Standard Drawing Nos. 620-625 and the California Manual on
Uniform Traffic Control Devices for Streets and Highways, dated January 13,
Resolution No. 23507
Page 33
2012, or subsequent editions in force at the time of construction, as required
by the City Engineer.
ENG 83. If identified by a name, install a street name sign at the intersection of Belardo
Road and the Main Entry in accordance with City of Palm Springs Standard
Drawing Nos. 620 through 625 and the California Manual on Uniform Traffic
Control Devices for Streets and Highways, dated January 13, 2012, or
subsequent editions in force at the time of construction, as required by the
City Engineer.
ENG 84. Install stop controls at on -site street intersections, as may be required by the
City Engineer. Stop signs within the development may be customized,
provided the sign maintains the minimum standards for stop signs in the
California Manual on Uniform Traffic Control Devices for Streets and
Highways, dated January 13, 2012, or subsequent editions in force at the
time of construction, subject to review and approval by the City Engineer.
ENG 85. The applicant shall provide and install one 5600 lumen high pressure sodium
vapor decorative safety street light with glare shield on marbelite pole on the
southwest corner of Belardo Road and the Main Entry with the mast arm over
Belardo Road. The decorative nature of the street light shall be similar to the
style within the project or within the Plaza Del Sol Shopping Center. The
applicant shall coordinate with Southern California Edison for required permits
and work orders necessary to _provide electrical service to the street light.
ENG 86. 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 for Streets and
Highways, dated January 13, 2012, or subsequent editions in force at the
time of construction.
ENG 87. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
GENERAL CONDITIONS
These Fire Department conditions may not provide all requirements. 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 on the site plan dated
Resolution No. 23507
Page 34
�t 7/ Additional requirements may be required at that time based on
revisions to site plans.
FID 2 Fire Department Conditions were based on the 2010 California Fire Code.
Four 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.
FID 3 Plot Plan: Prior to completion of the project, an 8.5"x11" plot plan or
drawing, and an electronic version in an industry standard file format
capable of being used in a geographical information system (GIS)
preferably an ESRI shape file(s) shall be provided to the fire department.
The GIS file shall be projected in the California State Plane Zone VI
coordinate system and capable of being re -projected into the North
American Datum 1983 coordinate system. PDF files by themselves will not
meet this requirement. The GIS and ESRI shape file(s) shall clearly show
all access points, fire hydrants, KNOXTm box locations, fire department
connections, dwelling unit or suite identifiers, main electrical panel
location(s), sprinkler riser and fire alarm locations. Industry standard
symbols used in emergency management and pre -fire planning are
encouraged. Large projects may require more than one page. AutoCAD
files will be accepted but must be approved prior to acceptance.
FID 4 PLANS AND PERMITS
When there are significant changes in occupancy, water supply, storage
heights, type, and quantity of storage, storage configurations, Tenant
Improvements or any other changes which may affect the fire sprinkler
system design, the owner, tenant or contractor shall submit plans and
secure permits.
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 four (4)
sets of drawings for review. Upon approval, the Fire Prevention Bureau
will retain two sets.
Plans shall be submitted to:
Clty of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: M — TH, 8:00 AM —11:00 AM and 2:00 PM — 6:00 PM
Resolution No. 23507
Page 35
A deposit for Plan Check and Inspection Fees is required at the time of
Plan Submittal. The minimum fee is $ 208.00. 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.
Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan and an
electronic CAD version shall be provided to the fire department. This shall
clearly show all access points, fire hydrants, knox box locations, fire
department connections, unit identifiers, main electrical panel locations,
sprinkler riser and fire alarm locations. Large projects may require more
than one page.
FID 5 Public Safety CFD: The Project will bring a significant number of additional
residents to the community. The City's existing public safety and recreation
services, including police protection, criminal justice, fire protection and
suppression, ambulance, paramedic, and other safety services and
recreation, library, cultural services are near capacity. Accordingly, the City -
may determine to form a Community Services District under the authority of
Government Code Section 53311 et seq, or other appropriate statutory or
municipal authority. Developer agrees to support the formation of such
assessment district and shall waive any right to protest, provided that the
amount of such assessment shall be established through appropriate study
and shall not exceed $500 annually with a consumer price index escalator.
The district shall be formed prior to sale of any lots or a covenant
agreement shall be recorded against each parcel, pennitting incorporation
of the parcel in the district.
FID 6 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.
Resolution No. 23507
Page 36
FID 7 Access Road Dimensions (CFC 503.2.1): 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 8 Fire Apparatus Access Gates (8.04.260 PSMC): Entrance .gates shall
have a clear width of at least 15 feet and be equipped with a frangible
chain and padlock.
FID 9 Security Gates (CFC 503.6): The installation of security gates across a
fire apparatus access road shall be approved by the Fire Chief. Where
security gates are installed, they shall have an approved means of
emergency operation. The security gates and the emergency operation
shall be maintained operational at all times. 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. Secured non -automated vehicle gates or entries shall
utilize an approved padlock or chain (maximum link or lock shackle* size of
% inch). 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, 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 by the fire code official or an authorized
representative is required before electronically controlled' gates may
become operative. Prior to final inspection, electronic gates shall remain
in a locked -open position.
FID 10 Fire Department Access: Fire Department Access Roads shall be
provided and maintained in accordance with (Sections 603 CFC)
• Minimum Access Road Dimensions:
1. Fire apparatus access roads shall have an unobstructed
width of not less than 20 feet; a greater width for private
streets may be required by the City engineer to address
traffic engineering, parking, and other issues_ The Palm
Springs Fire Department requirements for two-way private
streets, is a minimum width of 24 feet is required for this
11
Resolution No. 23507
Page 37
project, unless .otherwise allowed by the City engineer. No
parking shall be allowed in either side of the roadway.
2. Roads must be 30 feet wide when parking is not allowed on
only one side of the roadway.
3. Roads must be 40 feet wide when parking is not restricted.
FID 11 Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet except for approved security
gates in accordance with Section 503.6 and an unobstructed vertical
clearance of not less than 13 feet 6 inches.
FID 12 Roadway Dimensions: Private streets shall have a minimum width of at
least 20 feet, pursuant to California Fire Code 503.2.1 however, a greater
width for private streets may be required by the City engineer to address
traffic engineering, parking, and other issues. The Palm Springs Fire
Department requirements for two-way private streets, is a minimum
Width of 24 feet, unless otherwise allowed by the City engineer. No
parking shall be allowed in either side of the roadway.
FID 13 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.
FID 14 Required Turn Arounds: Dead-end fire apparatus access roads in excess
of 150 feet in length shall be provided with approved provisions for the
turning around of fire apparatus. The City of Palm Springs has two
approved turn around provisions. One is a cul-de-sac with an outside
turning radius of 45 feet from centerline. The other is a hammerhead
turnaround meeting the Palm Springs Public Works and Engineering
Department standard dated 9.4-02.
FID 15 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.
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. Decomposed
granite (DG), grass, dirt, sand and other materials that can wash away,
develop ruts or be dug up shall not be used. Interlocking pavers, turf block
or other similar materials may be allowed, subject to the provision of
proper base material and compliance with City Engineering Department
compaction requirements. Prior to permit sign -off, compaction test results
shall be submitted to the City Engineering Department for approval.
Resolution No. 23507
Page 38
FID 16 Premises Identification (505.1): New and existing buildings shall have
approved address numbers, building numbers or approved building
identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with
their background. Address numbers shall be Arabic numbers or
alphabetical letters. Numbers shall be a minimum of 4 inches high for SFR
occupancies and 6" - 12" for all other occupancies depending on distance
from street with a minimum stroke width of 0.5 inch. Where access is by
means of a private road and the building cannot be viewed from the public
way, a monument, pole or other sign or means shall be used to identify
the structure.
FID 17 Fire Hydrant Flow and Number of Fire Hydrants (CFC 508.5): Fire
hydrants shall be provided in accordance with CFC Appendix B, Fire Flow
Requirements for Buildings, for the protection of buildings, or portions of
buildings, hereafter constructed. The required fire hydrant flow for this
project is 750 gallons per minute (with fire sprinklers) (CFC Appendix B)
and one available fire hydrant must be within 260 feet from any point on
lot street frontages. (CFC Appendix C)
FID 18 Operational Fire Hydrant(s) (CFC 508.1, 508.5.1 & 1412.1):
Operational fire hydrant(s) shall be installed within 250 feet of all
combustible construction. They shall be installed and made serviceable
prior to and during construction. No landscape planting, walls, or fencing is
permitted withim3 feet of fire hydrants, except ground cover plantings.
FID 19 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, 2010 Edition, as modified by local
ordinance. The contractor should submit fire sprinkler plans as soon as
possible. No portion of the fire sprinkler system may be installed prior to
plan approval.
FID 20 Residential Smoke and Carbon Monoxide Alarms Installation with
Fire Sprinklers (CFC 907.2.10.1.2, 907.2.10.2 & 907.2.10.3; CRC R315):
Provide and install Residential Smoke and Carbon Monoxide Alarms
(Kidde SM120X Relay / Power Supply Module connected to multi -station
Kidde smoke and carbon monoxide alarms or equal system and fire
sprinkler flow switch). Alarms shall receive their primary power from the
building wiring, and shall be equipped with a battery backup. In new
construction, alarms shall be interconnected so that operation of any
smoke alarm, carbon monoxide alarm or fire sprinkler flow switch causes
all smoke and carbon monoxide alarms within the dwelling to sound and
activate the exterior horn/strobe.
Resolution No. 23507
Page 39
The wiring of this system shall be in accordance with Kidde SM120X
Relay / Power Supply Module manual and Figure 2 (see attached). The
120 volt device wired to turn on when alarm sounds is the exterior horn /
strobe. The pull for fire device is the fire sprinkler flow switch.
FID 21 Additional Residential Smoke Alarm Requirements (NFPA 72:
29.5.1.3): Where the interior floor area for a given level of a dwelling unit,
excluding garage areas, is greater than 1,000 Sq. Ft., the additional
requirements are that all points on the ceiling shall have:
a. A smoke alarm within a distance of 30 ft travel distance or
b. An equivalent of one smoke alarm per 500 Sq. Ft. of floor
area.
One smoke alarm per 500 Sq. Ft. is evaluated by dividing the total interior
square footage of floor area per level by 500 Sq. Ft.
FID 22 Carbon Monoxide Alarm or Detector Locations (NFPA 720: 9.4.1.1 &
9.4.1.2; CRC R315.3): Carbon monoxide alarms or detectors shall be
installed as follows:
(1) Outside of each separate dwelling unit sleeping area in the
immediate vicinity of the bedrooms
(2) On every occupiable level of a dwelling unit, including
basements, excluding attics and crawl spaces
(3) Other locations where required by applicable laws, codes, or
standards
Each alarm or detector shall be located on the wall, ceiling, or other
location as specified in the manufacturer's published instructions that
accompany the unit.
FID 23 Audible Residential Water Flow Alarms (CFC 903.4.2): An approved
audible sprinkler flow alarm (Wheelock hom/strobe # MT4-115-WH-VFR
With WBB back box or equal) shall be provided on the exterior of the
building in an approved location. The horn/strobe shall be outdoor rated.
FID 24 Wildland-Urban Interface Fire Area. This building site is located in a
geographical area identified by the state as a "Fire Hazard Severity Zone"
in accordance with the Public Resources Code Sections 4201 through
4204 and Government Code Sections 51175 through• 51189, or other
areas designated .by the enforcing agency to be at a significant risk from
wildfires.
FID 25 Construction Methods & Requirements Within Established Limits
(CFC 4905.2): Within the limits established by law, construction methods
intended to mitigate wildfire exposure shall comply with the wildfire
protection building construction requirements contained in the California
Building Standards Code including the following:
Resolution No. 23507
Page 40
California Building Code Chapter 7A,
2. California Residential Code Section R327
3. Califomia Reference Standards Code Chapter 12-7A
4. and this chapter
FID 26 Establishment Of Limits (CFC 4905.3) The establishment of limits for
the Wildland-Urban Interface Fire Area's required construction methods
shall be designated pursuant to the California Public Resources Code for
State Responsibility areas or by a local agency following a finding
supported by substantial evidence in the record that the requirements of
this section are necessary for effective fire protection within the area. This
wildland-urban interface area has been designated as a "Severe Fire
Hazard Zone".
END OF CONDITIONS