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HomeMy WebLinkAbout20903 - RESOLUTIONS - 4/14/2004 RESOLUTION NO.20903 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, ' CALIFORNIA, APPROVING AN APPLICATION BY ROTHBART DEVELOPMENT, DESTINATION RAMON, LLC, FOR THE DESTINATION RAMON PROJECT, FOR APPROVAL OF TENTATIVE PARCEL MAP 30745, FOR THE SUBDIVISION OF A 31.12-ACRE SITE INTO EIGHT PARCELS, FOR FUTURE DEVELOPMENT OF A 277,000 SQUARE FEET RETAIL DEVELOPMENT, AND INCLUDING THE VACATION OF THE SKY POINT DRIVE RIGHT OF WAY, LOCATED AT 5601 RAMON ROAD EAST, ON APN # 680-170-025, 680-170-026, 680-170-027, 680-170-028, 680-170-029, 680-170-030, 680-170-031, 680-170- 032, 680-170-048 AND 680-170-050, ZONE M-1, SECTION 20. WHEREAS, Rothbart Development, Destination Ramon LLC., (the "Applicant) has filed an application with the City pursuant to the City of Palm Springs Municipal Code, Section 9.62.015 for a Tentative Parcel Map (TPM 30745) for the subdivision of approximately 31.12 acres into 8 parcels, ranging in size from 22.02 acres to 0.92 acres, and for the vacation of the Sky Point Drive right-of-way, at 5601 Ramon Road, on Assessors Parcel Number (APN) #680-170- 025,680-170-026, 680-170-027, 680-170-028, 680-170-029, 680-170-030, 680-170-031, 680- ' 170-032, 680-170-048 and 680-170-050, located at the south-west corner of Ramon Road and Crossley Road, Zone M-1, Section 20; WHEREAS, the proposed project would allow the development of a 277,000 square foot retail shopping center, which includes a 225,000 square foot retail store, an associated free-standing gas station to include eight (8) pumps (16 fueling positions) with a 900 square foot office and convenience mart, and four additional retail commercial pads totaling up to 51,000 square feet WHEREAS, the Applicant has paid the required filing fees; and WHEREAS, said Tentative Parcel Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments, and requirements; and WHEREAS, Sky Point Drive is not a General Plan street and the Planning Commission has deemed Sky Point Drive as unnecessary for a local street: and WHEREAS, the proposed development is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Final EIR has been prepared for this Project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the project was previously reviewed by the Design Review Committee regarding project design, architecture, site plan, sign program and landscape design on July 8, 2003 and ' July 21, 2003 and March 22, 2004; and Resolution 20903 Page 2 WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's applications for the Project was given in accordance with applicable law; and WHEREAS, on March 24, 2004, the Planning Commission conducted a public hearing on said applications; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the tentative tract map, staff report, all environmental data, including the Final EIR, along with all written and oral testimony presented; and WHEREAS, at the conclusion of its public hearing on March 24, 2004, the Planning Commission recommended that the City Council certify the Final EIR as complete, and that the City Council adopt the mitigation monitoring program, and approve Tentative Parcel Map 30745; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider the applicant's applications for the project was given in accordance with applicable law; and WHEREAS, on April 14, 2004, public hearings on the Final EIR and project, including the tentative parcel map, and street right of way vacation request respectively, for the project were held by the City Council in accordance with applicable law; and WHEREAS, the City Council Commission carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, the tentative parcel map, street right of way vacation request, and all environmental data including the initial study, the Final EIR, and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: The Final EIR has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines, analyzing the potential environmental impacts resulting from approval of the tentative parcel map. The City Council has independently reviewed and considered the information contained in the Final EIR and finds that it adequately discusses the significant environmental effects of the proposed project (including the proposed Tentative Parcel Map 30745, Case No 5.0957-CUP and Street Vacation). The Final EIR adequately covers the current project proposal such that no new additional impacts will result that were not previously identified, and the Statement of Facts and Findings and the Statement of Overriding Considerations for the project reflects its independent judgment. The City Council previously certified the Final EIR and adopted a Mitigation Monitoring and Reporting program by way of Resolution No 20902. The City Council further finds that the Final EIR reflects its independent judgment. Resolution 20903 Page 3 Section 2; A Mitigation Monitoring and Reporting Program was adopted for Tentative Parcel ' Map 30745 pursuant to Public Resources Code Section 21081.6 in order to assure compliance with the above referenced mitigation measures during project implementation. These mitigation measures are incorporated by reference into the Conditions of Approval of this project as outlined in Exhibit A of this Resolution. Section 3: Pursuant to Government Code Section 66474 (Subdivision Map Act), the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The proposed Tentative Parcel Map is consistent with applicable general and specific plans. The proposed project is consistent with the General Plan. The applicant is proposing the subdivision of 31.12 acres into eight (8) parcels for future development of 277,000 square feet of retail and commercial uses, and therefore, will be well within the parameters of the General Plan and will be consistent with Case No. 5.0957-CUP. b. The design of improvement of the proposed subdivision is consistent with the General Plan. Pursuant to Government Code Section 66473.5 the City Council finds that the proposed subdivision and the provisions for related right of way dedications are compatible with the objectives, polices, and general land uses and program provided in the City's General Plan. All street, drainage, and utilities improvements are subject to the standards of the General Plan and Conditions of Approval will be implemented as part of the Tentative Parcel Map. C. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. In reviewing the development standards for the M-1 zone, each lot shall have a minimum lot size of 20,000 square feet, except lots that front on major thoroughfares, which shall have a minimum lot size of 40,000 square feet and minimum lot width and depth dimensions of 200 feet. Parcels 4 and 5, which are located directly on Ramon Road, do not meet the minimum lot depth and dimensional criteria of M-1 zone. Because the entry driveway is curved and has been designed to moderate traffic speeds and evenly distribute traffic throughout the project. Both lots do comply with minimum width and area requirements. The Zoning Ordinance includes a provision, which allows lot sizes to vary from these standards through the approval of a master plan. The preliminary site plan indicates that buildings and parking are proposed on Parcels 4 and 5 in addition street side landscape and wall improvements are proposed on these parcels. Since these parcels are shown as an integrated part of the on-site improvements for the Destination Ramon project, the proposed site plan qualifies as a Master Plan and the minimum lot size and dimension standards can be waived in this situation. When specific ' buildings are proposed on Parcels 4 and 5, their development will be subject to further Resolution 20903 Page 4 ' consideration of the Planning Commission and, if required by the Zoning Ordinance, the City Council. The Tentative Parcel Map covers a site (31.12 acres) that is proposed for development of 277,000 square feet of retail uses. The Tentative Parcel Map illustrates parcels consistent with the proposed development. There will be no incompatibility issues as the subject property is surrounded by commercial and industrial uses and Ramon Road to the north, Crossley Road, vacant land and industrial uses to the east, the Sunny Dunes Road, vacant land and commercial and industrial uses to the south and San Luis Rey, and commercial uses to the west, Gene Autry Trail (Highway 111) further to the west, and the Palm Springs International Airport (PSP) located further to the north-west. d. The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. All potential environmental impacts as a result of developing the subject property are fully disclosed in the Final EIR. The incorporation of the mitigation measures, as part of the conditions of approval, as prescribed in the Final EIR will ensure that any potentially significant impacts will be reduced to a level of insignificance. A Statement of Overriding Considerations for Air Quality impacts, which result from the project, has been adopted ' by the City Council. Therefore, the design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. e. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The Tentative Parcel Map, and subsequent design of the proposed improvements will follow the conditions of approval, including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in order to ensure public health and safety. f. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Ramon Road is already improved to major thoroughfare standards including sidewalk, curb, and gutter. Crossley Road has been improved to Secondary thoroughfare standards including sidewalk, curb, and gutter. Bus turnouts will be provided on Ramon Road. Bicycle paths will be provided on Ramon Road. Bicycle paths will be provided along Crossley Road. Sunny Dunes and San Luis Rey Drive has previously been ' improved to City General Plan standards as a Collector road. The Tentative Parcel Map identifies all right of ways and easements affecting the property and provides for access Resolution 20903 Page 5 to all parcels within the property and provides for dedication of easements for pedestrian ' and bicycle access way, where necessary, The project also provides for public improvements, which meet California State Accessibility standards. Section 4: Sky Point Drive is not a General Plan Street; therefore, the proposed vacation of the Right of Way is consistent with the Circulation Element of the General Plan. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Tentative Parcel Map 30745, Destination Ramon, pursuant to the conditions of approval, and approves the vacation of the right of way of Sky Point Drive. ADOPTED this 14'h Day of April 2004. AYES: Members McCulloch, Mills, Pougnet and Mayor Oden NOES: Member Foat ABSENT: None T: CITY OF PALM SPRINGS, CALIFORNIA ' City Clerk City Manager REVIEWED & APPROVED AS TO FORM: Resolution 20903 Page 6 ' RESOLUTION NO. 20903 EXHIBIT A TENTATIVE PARCEL MAP 30745 DESTINATION RAMON, LLC. 5601 RAMON ROAD APRIL 14, 2004 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 and Zoning, 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. PROJECT SPECIFIC CONDITIONS Administrative ' 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0957-CUP. 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. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation 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 Resolution 20903 Page 7 required by the City. 4. The project is located in an area defined as having an impact on fish and wildlife as defined in ' Section 711.4 of the Fish and Game Code and an Environmental Impact Report is being prepared on the project; therefore a fee of $914.00 plus an administrative fee of $50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. 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. 5. Prior to issuance of a building permit, Fringe Toed Lizard Mitigation fees shall be paid to the Coachella Valley Association of Governments (CVAG). 6. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the Peeing being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. Any on-site art shall reflect the culture and traditions of the ACBCI. 7. As the property is Indian trust land, fees as required by the Agua Caliente Band of Cahuilla , Indians Tribal Council shall be paid prior to consideration of this project by the Indian Planning Commission. CEQA 8. The mitigation measures of the environmental impact report (EIR) shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the EIR will be included in the plans prior to consideration of the environmental assessment. The Mitigation measures are contained in the Mitigation Monitoring Program, which is hereby incorporated by reference. Cultural Resources 9. To ensure that cultural resource information is current, the Agua Caliente THPO requires that an archeologist qualified according to the Secretary of the Interior's Standards and Guidelines will perform a record search and a Phase 1 field survey of the area prior to initiation of construction. If the area has been previously surveyed and the survey report is up to date (January 2000), then no additional survey is required. The record search should include contacting the Eastern Information Center at the University of California, Riverside, and the Agua Caliente Register in Palm Springs, California. 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. 10. Given that portions of the project area are within an alluvial formation, the possibility of buried Resolution 20903 Page 8 ' resources is increased. A Native American Monitor shall be present during all ground-disturbing activities. a). Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning and Zoning and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to issuance of a certificate of occupancy. Biological ' 11. The applicant shall ensure that all Burrowing Owls must be surveyed for in suitable habitat no later that 30 days prior to ground disturbance. If burrowing owls are detected during the nesting period (February 1 -August 31), the following must occur: a). A 75 meter buffer zone around active nests must occur; and b). Relocation of birds if no eggs/incubation occurring. 12. If relocation is to occur, every effort shall be made to relocate owls using a passive method of one-way traps and to comply with the requirements of the Draft Tribal Habitat Conservation Plan. Note: Recommendation 11 and 12 were received subsequent to Final EIR preparation and are recommended in the Tribal Multi-Species Habitat Conservation plan. GENERAL CONDITIONS/CODE REQUIREMENTS 13. The Tentative Tract Map approval shall be valid for a period of three (3) years. Time extensions may be granted by the Planning Commission upon demonstration of good cause. 14. Prior to issuance of a building permit, the applicant must provide a standard avigation easement and non-suit covenant in a form prescribed and approved by the City Attorney, with reference to ' present and future owners of the parcel. The avigation and non-suite covenant shall be recorded against all parcels. 15. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The Resolution 20903 Page 9 applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the issuance of a building permit. Refer to , Chapter 8.60 of the Municipal Code for specific requirements. 16. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 17. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 18. The project shall comply with the City of Palm Springs Transportation Demand Management (TDM) Ordinance, which establishes transportation demand management requirements for the City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code for specific requirements. This must be submitted for approval sixty a minimum of (60) days prior to issuance of the certificate of occupancy and must be approved prior to opening. POLICE DEPARTMENT 19. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 20. Prior to any construction on-site, all appropriate permits must be secured. ' ENGINEERING The Engineering Division recommends that if this application is approved, such approval be 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 21. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 22. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. 23. Abandonment of existing public rights-of-way and easements are required to facilitate the proposed Tentative Parcel Map. Abandonment of public right-of-way for Sky Point Drive North, Sky Point Drive West and Sky Point Drive East (shown as Lots D and E on Tract Map No. 19544) and a 50 feet wide landscape easement (shown as Lots A and B on Tract Map No. ' 19544) will be necessary. The developer shall be responsible for coordinating approval of the abandonment of the public rights-of-way with all public utility agencies. Developer shall Resolution 20903 Page 10 coordinate final relocation, adjustment or abandonment of all utilities with the respective utility agencies; and shall coordinate demolition of all existing improvements, reconstruction of affected intersecting streets, as appropriate, with the Engineering Division. RAMON ROAD 24. Dedicate additional right-of-way concentric with the back of sidewalk along the bus turnout to be located at the southeast corner of the intersection of Ramon Road and San Luis Rey Drive. 25. Construct a 160-feet long by 12-feet wide bus turn out at the southeast corner of the intersection of Ramon Road and San Luis Rey Drive. The configuration shall be approved by the City Engineer, in coordination with SunLine Transit Agency. Contact SunLine Transit Agency for details regarding bus stop furniture and bus shelter requirements. A bus stop shelter and required furniture, lighting, and other improvements required by SunLine Transit Agency shall be constructed. 26. The existing sidewalk and bicycle path shall be removed and a new 12 feet wide Class I meandering combination sidewalk and bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) shall be constructed along the entire. The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. OR ' Protect the existing a 5 feet wide sidewalk in place the existing a 5 feet wide and construct a separate 8 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and design) shall be constructed along the Ramon Road frontage. The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. The concrete shall receive a broom finish. 27. The existing curb and gutter shall remain in place except for a curb cut necessary for the proposed driveway approach and as necessary for construction of the required bus turn-out. 28. Construct a 14-feet wide raised, landscaped median island as specified by the City Engineer from San Luis Rey Drive to Crossley Road. Median landscaping shall be designed consistent with median landscaping within the existing Ramon Road medians, subject to the approval of the Director of Planning and Zoning. The median nose width shall be constructed 4 feet wide and have cobblestone paving. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, in coordination with requirements included in the Destination Ramon Project Traffic Impact Study prepared by Endo Engineering, dated August 2003 (as amended), and as approved by the City Engineer. Design and construction of the landscaped median island shall be coordinated with the City of Cathedral City, as required. 29. All broken or off grade street improvements shall be repaired or replaced. CROSSLEY ROAD 30, Protect the existing sidewalk in place and construct a separate 8 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and design) along the Resolution 20903 Page 11 entire frontage. The bicycle path shall be constructed of colored Portland cement concrete. The , admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. The concrete shall receive a broom finish. OR at the developer's option, if a new meandering combination sidewalk and bicycle path is proposed, the existing sidewalk shall be removed and a new 12 feet wide Class I meandering combination sidewalk and bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) shall be constructed along the entire frontage. The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. The concrete shall receive a broom finish. SKY POINT DRIVE (NORTH, EAST, AND WEST) 31. Remove all abandoned street improvements, underlying utilities, and other improvements in accordance with requirements of the affected utility companies and the City Engineer. Removals shall occur upon approval of a Parcel Map of the subject property, formally vacating and abandoning the existing public rights-of-way. PARCEL MAP 32. A Parcel 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 Parcel Map to the Engineering Division as part of the review of the Map. The Parcel Map shall be approved by the City Council prior to issuance of building permits. 33. In accordance with Section 66445 Q) of the Government Code, the existing public rights-of-way for Sky Point Drive East, West, and North may be abandoned upon the filing of a Parcel Map identifying the abandonment of the easements granted to the City of Palm Springs. Prior to approval of a Parcel Map, the developer shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the public rights-of-way to be abandoned. Prior to approval of a Parcel Map, the developer shall provide to the City Engineer a letter of approval regarding the proposed abandonment of Sky Point Drive rights-of-way from each public utility agency. 34. The developer shall enter into an agreement that provides the City of Palm Springs with an exclusive right of entry onto the subject property with the right to remove all abandoned street improvements at the developer's expense, in the event removal of the abandoned street improvements is not completed within two (2) years following approval of a Parcel Map by the City Council. The agreement shall be secured with appropriate subdivision security, as approved by the City Attorney, and said security shall be available to the City upon notice from the City Engineer that the developer has failed to perform its obligations as required by the agreement. The developer shall provide written estimates of cost to remove all abandoned street improvements, abandon and/or relocate all existing underground utilities, and construct street improvements as necessary, subject to the approval of the City Engineer. Estimates of Resolution 20903 Page 12 costs related to public utility abandonment and/or relocation shall be determined by the respective utility agency, as appropriate. The agreement shall executed by the developer prior to approval of a Parcel Map by the City Council. The developer shall submit a deposit of$2,000 for preparation of the agreement, and shall be subject to actual costs associated with its preparation by the City Attorney. 35. In accordance with Government Code Section 66411.1, the Tentative Parcel Map is a subdivision of five or more lots (parcels), and is subject to construction of all required public improvements. Prior to approval of a Parcel Map, all required public improvements shall be completed to the satisfaction of the City Engineer, or shall be secured by a construction agreement in accordance with Government Code Section 66462.