HomeMy WebLinkAbout3/7/2007 - STAFF REPORTS - 2.G. iOFFALM SA4
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gcIFoft % City Council Staff Report
MARCH 7, 2007 CONSENT CALENDAR
Subject: APPROVAL OF FINAL MAP 31525 AND A SUBDIVISION
IMPROVEMENT AGREEMENT WITH K. HOVNANIAN'S FOUR
SEASONS AT PALM SPRINGS, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, FOR 70 SINGLE FAMILY HOMES LOCATED AT
4000 N. SUNRISE WAY, IN SECTION 36, TOWNSHIP 3 SOUTH,
RANGE 4 EAST
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Hunsaker and Associates Irvine, Inc., representing K. Hovnanian's Four Seasons at
Palm Springs, LLC, a California limited liability company, has prepared a final map for
subdivision of property into 70 residential lots and 6 open space lots, located at 4000 N.
Sunrise Way, in Section 36, Township 3 South, Range 4 East. Approval of the final
map will allow the map to be recorded, and building permits to be issued for future
construction of homes proposed within the subdivision. This is merely a ministerial
action, as required by the Municipal Code and the Subdivision Map Act.
RECOMMENDATION-
1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 31525 FOR
PROPERTY LOCATED AT 4000 N. SUNRISE WAY, IN SECTION 36,
TOWNSHIP 3 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION
IMPROVEMENT AGREEMENT WITH K. HOVNANIAN'S FOUR SEASONS AT
PALM SPRINGS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY;" and
2) Authorize the City Manager to execute all necessary documents.
ITEM NO. =
City Council Staff Report
March 7, 2007 - Page 2
Final Map 31525
STAFF ANALYSIS:
Hunsaker and Associates Irvine, Inc., representing K. Hovnanian's Four Seasons at
Palm Springs, LLC, a California limited liability company, submitted Final Map 31525,
requesting that the property located at 4000 N. Sunrise Way, in Section 36, Township 3
South, Range 4 East, be subdivided into 70 residential lots and 6 open space lots, on a
23.9 gross acre site. At its meeting of December 14, 2005, the Planning Commission
recommended approval of Tentative Tract Map 31525, which was subsequently
approved by the City Council, subject to conditions, on May 3, 2006.
Tentative Tract Map 31525 was approved with conditions relative to the dedication of
land for a City park currently designated on the General Plan. At the time the City
Council considered approval of Tentative Tract Map 31525, K. Hovnanian had
submitted formal objections to the City's requirement to dedicate Lot "G" of Tentative
Tract Map to the City for park purposes, arguing the dedication of 7 acres exceeded the
actual dedication of 0.72 acres required in accordance with the City's Quimby
Ordinance. In order to approve Tentative Tract Map 31525 while the City and K.
Hovnanian resolved the park land dedication issue, an agreement was approved
between the two parties specific to the issue. In accordance with the "Agreement As to
Park Land Dedication -- TM 31525", approved by City Council on May 3, 2006, as
Agreement No. 6284, K. Hovnanian has been authorized to submit Final Map 31525 to
the City for approval, exclusive of the required park land dedication of Lot "G". Lot "G"
is being created for landscaping and drainage purposes on Final Map 31525, and will
remain an open space lot owned and maintained by K. Hovnanian until such time as the
park land dedication issue is resolved to the satisfaction of the City and K. Hovnanian.
It has been determined that required conditions have been satisfied, that Final Map
31525 is in substantial conformance with the approved Tentative Tract ap, and that
Final Map 31526 is ready for City Council approval.
J
FISCAL IMPACT: IFinance Director Review:
None. `
David J. Barakian Thomas J. W on
Director of Public Works/City Engineer Assistant City Manager
David H. Ready, City M a eT
ATTACHMENTS:
1. Map
2. Subdivision Agreement 0032
3. Resolution
ATTACHMENT
FINAL MAP 31525
0003
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ATTACHMENT
SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
K. HOVNANIAN'S FOUR SEASONS AT PALM SPRINGS, LLC
A CALIFORNIA LIMITED LIABILITY COMPANY
"
"
"
TABLE [}FCONTENTS
Construction Obligations.................................... . . ................................... ........l
11 Works of IDlpDJVeDD8nt...------------.....—.`—,....—.2
1.2 Other Obligations Referenced in Conditions 0f
Tentative Map Approval .......... ... .............................................................2
/ 1�3 /n��r� �������.............� � � . �
. — —��—'�------��-- -----.'2
1A Survey M00UGMGMts .~......--'---------,--'—.~.—`.—.2
15 Performance Df Work.......................................... .....................................3
1.6 Changes in the Work.... ....................................... ...................................3
YJDefective Work..........................................................................................3
1,8 NO Warranty 6v City... .......................................................................~ ....3
1.9 Authority nf the City Engineer......... .... ......... ....... .. ... ..%
1.10 Documents Available at the Site................................................................3
1.11 I .......... ........ ....... ---------------------------------------------------------------------3
1.12 Compliance with Law ......... ....... ------------------------------------------------------------�4
Y13Suspension of Work..................................................................................4
1,14 Final Acceptance of Works 0f Improvement................................ .............4
2, Time for Performance..........................................................................................4
2.1 [�][D[8encen1ent and Completion Dates....................................................4
2.2 Phasing Requirements................. .................. .^--^^^^^.^^~~~---- ~~5
2.3 Force MmkeUPe..... ........ ............................................................................S
2-4 Continuous Work........ .................................................... ....................5
Z5 Reversion to Acreage................................... ................... ......... .............5
2.6 Time of the Essence .............. .......---.............. .......... ......................8
�
3. Labor........~.-^^.----..~.......~..................~......6
3] Labor Standards............... .. --- —.-------- ------------------------------------ ... ...^6
3-2 NoOdiscriDlin@tion1. ..... ................................................... .........................G
3,3 Licensed Contractors ........................................... ....................................6
3.4 Workers' Compensation...... ---------------------------------------------------- ------------ ...G
4. Security ................. ...... ............................................. .......... .............................6
4.1 Required Security.......................................... ................... ...... ..... ........G
4.2 Form mf Security Instruments ............ ....... ...... ----. ............... .......... —T
4.3 SVbdivider's Liability....... --------------- ......................................... ..............8
464 Letters UJ Credit....... ............ ....... ...........................................................8
45 Release 0f Security Instruments...... ....................................... .................8
l
Q�� �
5. Cost of Construction and Provision of Inspection
Service. • ................ ........ ..................................................... ...--....................9
5.1 Subdivider Responsible for All Related Casts of
Construction -- --• •....................................................................................9
5.2 Payment to City for Cost of Related Inspection
and Engineering Services .........................................................---------------10
6. Acceptance of Offers of Dedication.....................................................................10
7. Warranty of Work.......... •-• . ........... .... • •• • . ................................. 10
8. Default ........................................................................................ .......................10
8.1 Remedies Not Exclusive ............ ----------------.......................................------10
8.2 City Right to Perform Work------------------•---------------------• .-..........................11
8.3 Attorney's Fees and Costs.............................................................. ........11
9. Indemnity-•.......---.------------------------------------------------------- ......................... -11
10 General Provisions..............................................................................................11
10.1 Successors and Assigns....................._...._.....—-----------__.....................11
10.2 No Third Party Beneficiaries..................................................-----•------------A l
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 day of , 2006, by and between the
CITY OF PALM SPRINGS, a California charter city ("CITY'), and K_ HOVNANIAN'S
FOUR SEASONS AT PALM SPRINGS, 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. 31525 located in the City of Palm Springs, County of Riverside,
State of California (the "Property"), as described on Exhibit "A". The map contains
conditions of approval for the development of the Property (the "Conditions") as
described on Exhibit"B"_
B_ Pursuant to the Conditions, Subdivider, by the Map, has offered dedication
to the City of Palm Springs Lots "H" and "I" for street and public utility purposes;
easements for public utility and sewer purposes with right of ingress and egress for
service and emergency vehicles and personnel over the on-site private streets (Lots
"D", "J", "K", "L", "M", "N", "O", and "P"), as shown on the map; easements for sidewalk
and public access purposes, as shown on the map; easements for public utility
purposes, as shown on the map, and City desires to accept the public dedication as
shown on the final map, and certain other improvements described in this Agreement.
G. 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
1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to
construct or install or cause to be constructed or installed the street, drainage, domestic
water, sanitary sewer and other improvements (herein sometimes collectively referred
to as the "Works of Improvement"), as the same may be supplemented and revised
from time to time as set forth herein (said plans and specifications, together with all
related documents, are referred to herein as the "Plans"). The estimated construction
cost for the Works of Improvement is $2,939,000.00.
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In
addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the
Tentative Map for the Property_ The conditions of approval associated with the Tentative
Map are included as Exhibit"B" attached hereto.
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to
prescribe a complete work of improvement which Subdivider shall perform or cause to
be performed in a manner acceptable to the City Engineer (or hislher 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 an the Map in accordance with the
provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City
of Palm Springs. Subdivider shall provide security for such obligation as provided in
Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City
Engineer of the City of Palm Springs written notice of the setting of said monument(s)
and written proof of having paid the engineer or surveyor for the setting of said
monument(s)-
2
1.6 Performance of Work. Subdivider shall furnish or cause to be furnished all
materials, labor, tools, equipment, utilities, transportation, and incidentals required to
perform Subdivider's obligations under this Agreement.
1.6 Changes in the Work. The City Engineer, without invalidating this
Agreement and without notification to any of the sureties or financial institutions
referenced in Paragraph 4, may order extra work or may make changes by altering or
deleting any portion of the Works of Improvement as specified herein or as deemed
necessary or desirable by the City Engineer as determined necessary to accomplish the
purposes of this Agreement and to protect the public health, safety, or welfare. The City
Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction
Notice) at the time a determination has been made to require changes in the work_ No
field changes performed or proposed by Subdivider or its contractor shall be binding on
City unless approved in writing by the City Engineer.
1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct,
replace, or otherwise make acceptable any work found by the City Engineer to be
defective.
1.8 No Warranty by City. The Plans for the Works of Improvement have been
prepared by or on behalf of Subdivider or its consultants or contractors, and City makes
no representation or warranty, express or implied, to Subdivider or to any other person
regarding the adequacy of the Plans or related documents.
1.9 Authority of the City Engineer. In addition to the authority granted to the
City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to
decide all questions which may arise as to the quality and acceptability of materials
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($) 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
3
direct control of the individual workmen on the job site. City's inspector shall have the
authority to stop any and all work not in accordance with the requirements contained or
referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or the contractor of
any obligations to fulfill this Agreement as herein provided, and unsuitable materials or
work may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
1.12 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
Improvement to be completed in accordance with all other applicable federal, state, and
local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 Final Acceptance of Works of_IDroyement. 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 22 and 2.3
below, Subdivider shall (i) commence with construction and installation of the Works of
4
Improvement thirty130Ldays 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
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 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City
reserves the right to control and regulate the phasing of completion of speck 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 Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's
time for commencement and completion of the Works of Improvement shall be
extended for the period of any enforced delay caused due to circumstances beyond the
control and without the fault of Subdivider, including to the extent applicable adverse
weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a
public agency (including City), required changes to the scope of work required by City,
and similar causes; provided, however, that the period of any enforced delay hereunder
shall not include any period longer than five (5) days prior to City's receipt of a written
notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a
right to extend its time for performance hereunder. City Engineer shall evaluate all
claims to Force Majeure and his decision shall be final.
2.4 Continuous Work. After commencement of construction of the Works of
Improvement (or separate portion thereof), Subdivider shall cause such work to be
diligently pursued to completion, and shall not abandon the work for a consecutive
period or more than thirty(30) days, events of Force Majeure excepted.
2,5 Reversion to Acreage. In addition to whatever other rights City may have
due to Subdivider's failure to timely perform its obligations hereunder, Subdivider
recognizes that City reserves the right to revert the Property to acreage subject to the
limitations and requirements set forth in California Government Code Sections
5
L
66499.11-65499.20-3/4, In this regard, Subdivider agrees that if the Works of
Improvement have not been completed on or before the later of two (2) years from the
date of this Agreement or within the time allowed herein, whichever is the later, and if
City thereafter initiates proceedings to revert the Property to acreage, pursuant to
Government Code Section 66499.16 Subdivider hereby consents to reversion and
agrees that any improvements made by or on behalf of Subdivider shall not be
considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. Time is of the essence of Subdivider's performance
of all of its obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of California Department of Labor.
3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor
performing any of the Works of Improvement shall discriminate against any employee or
prospective employee with respect to such work in hiring, promotion, seniority, or any
other terms and conditions of employment on the grounds of race, creed, color, national
origin, ancestry, religion, sex, or marital status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works Of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
3A 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. Securit .
4.1 Reguired 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"):
6
(i) A Security Instrument securing Subdivider's faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
$2,939,000.00 equal to 100% of the estimated construction cost referenced in Section
1.1.
(ii) A Security Instrument guaranteeing the payment to contractors,
subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor
and Materials Security Instrument") with respect to the Works of Improvement in an
amount equal to $1,469,500,00 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 $35 850.00 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 $440,850.00 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
7
Subdivider is in default under its payment or performance obligations hereunder or in
the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)
days prior to the date of expiration of any such letter of credit and shall further be
subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of
Credit, any Instrument of Credit shall be an assignment of deposit account assigning as
security to City all of Subdivider's interest in funds on deposit in one or more bank
accounts with financial institutions acceptable to City-
(d) General Requirements for all Security instruments.
(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the
City of Palm Springs, State of California (and the Security Instrument shall so provide).
(H) 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,
s
issued by a financial institution acceptable to City as of the date of delivery of the
replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its
sole and absolute discretion, to apply any such funds drawn to the obligations secured
by such letter of credit or to hold such funds in an account under the control of the City,
with no interest accruing thereon for the benefit of the Subdivider. If the City elects to
hold the funds in an account pursuant to the foregoing, City may thereafter at any time
elect instead to apply such funds as provided in the foregoing. Subdivider agrees and
hereby grants City a security interest in such account to the extent required for City to
realize on its interests therein and agrees to execute and deliver to City any other
documents requested by City in order to evidence the creation and perfection of City's
security interest in such account.
4,5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor
and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of
satisfaction of all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument;
and
(iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
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
9
separate Reimbursement Agreement to be entered into between Subdivider and City
prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its
authorized representative make the usual and customary inspections of the Works of
Improvement. In addition, Subdivider shall compensate City for all design, plan check,
evaluating any proposed or agreed-upon changes in the work. The procedures for
deposit and payment of such fees shall be as established by the City Council. In no
event shall Subdivider be entitled to additional inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers_ of Dedication. The City Council shall pass as
appropriate resolution or resolutions accepting all offers of dedication shown on the Map
for the Property, with acceptance to become effective upon completion and acceptance
by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to
execute the Certificate made a part of the Map regarding said acceptance of the offer of
dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement
against defective materials and workmanship for a period of one (1) year from the date
of final acceptance. If any of the Works of Improvement should fail or prove defective
within said one (1) year period due to any reason other than improper maintenance, or if
any settlement of fill or backfill occurs, or should any portion of the Works of
Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15)
days after written notice of such defects, or within such shorter time as may reasonably
be determined by the City in the event of emergency, shall commence to repair or
replace the same together with any other work which may be damaged or displaced in
so doing. Should Subdivider fail to remedy defective material and/or workmanship or
make replacements or repairs within the period of time set forth above, City may make
such repairs and replacements and the actual cost of the required labor and materials
shall be chargeable to and payable by Subdivider. The warranty provided herein shall
not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise
imposed by law.
8_ Default.
8.1 Remedies Not Exclusive_ In any case where this Agreement provides a
specific remedy to City for a default by Subdivider hereunder, such remedy shall be in
addition to, and not exclusive of, City's right to pursue any other administrative, legal, or
equitable remedy to which it may by entitled.
10
8.2 City Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event Subdivider shall
fail to timely perform any work required to be performed under this Agreement and such
failure shall continue for a period of twenty (20) days after receipt of written notice of
default from City, or thereafter Subdivider shall fail to diligently and continuously pursue
the cure of any such default to completion, City shall have the right to enter into the
Property and perform any of the uncompleted work by force account or contract or both
and thereupon recover from Subdivider or any Security Instrument, or both, the full cost
and expense thereby incurred by City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any
obligation under this Agreement, Subdivider agrees to pay all costs and expenses
incurred by City in securing performance of such obligations, including costs of suit and
reasonable attorney's fees. In the event of any dispute arising out of Subdivider's
performance of its obligations under this Agreement or under any of the Security
Instruments referenced herein, the prevailing party in such action, in addition to any
other relief which may be granted, shall be entitled to recover its reasonable attorney's
fees and costs. Such attorney's fees and cost shall include fees and costs on any
appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all
other reasonable costs incurred in investigating such action, taking depositions and
discovery, retaining expert witnesses, and all other necessary and related costs with
respect to the litigation. All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not the action is
prosecuted to judgment-
9, Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's
failure to perform the construction and installation of the Works of Improvement in
accordance with the requirements contained or referenced in this Agreement- Said
indemnity obligation shall apply to personal injury, death, property damage, economic
loss, and any other monetary damage or penalty to which City may be subjected,
including without limitation, attomey's fees and casts and the costs of realizing on any
Security Instrument provided by Subdivider pursuant to the terms hereof. Such
indemnity obligation shall not extend to any loss resulting from City's sole negligence or
willful misconduct.
10. General Provisions.
10.1 Successors and Assigns. This Agreement shall be binding upon all
successors and assigns to Subdivider's right, title, and interest in and to the Property
and any portion thereof.
10.2 No Third Party Beneficiaries. This Agreement is intended .to benefit only
the parties hereto and their respective successors and assigns. Neither City nor
11
Subdivider intend to create any third party beneficiary rights in this Agreement in any
contractor, subcontractor, member of the general public, or other person or entity.
10.3 Entire Agreement: Waivers and Amendments. This Agreement integrates
all of the terms and conditions mentioned herein, or incidental hereto, and supersedes
all negotiations and previous agreements between the parties with respect to all or part
of the subject matter hereof, except as may be expressly provided herein. All waivers of
the provisions of this Agreement must be in writing and signed by an authorized
representative of the party to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
11. Corporate Authoritv.The persons executing this Agreement on behalf of
the parties hereto warrant the (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 parry is bound.
• < sxx
(Signatures on Next Page)
12
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
By
James Thompson, City Clerk David H_ Ready, City Manager
STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED BY:
David Barakian, City Engineer
SUBDIVIDER:
K. HOVNANIAN'S FOUR SEASONS AT PALM SPRINGS, LLC, a California Limited
Liability Company
Check one: Individual_Partnership_Corporation' r Company
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
By: By.
Signature (notarized) /Signature (notarized)
C JAM Hn"W,VICE PRESOLW
Name: Name: K.ROVMANIAMCOWAMESOFCALIFORNIA C.
Title: Authorized Agent Title_ AUTHORIZED AGENT
(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:
K, Hovnanian's Four Seasons at Palm Springs, LLC
2495 Campus Drive
Irvine, CA 92612
14
ALL-PURPOSE ACKNOWLEDGMENT
State of CAPACITY CLAIMED BY
County of SIGNER
On before me,
Date Name, Title of Officer ❑ INDIVIDUAL(S)
personally appeared ❑CORPORATE
NAME(S) OF SIGNER(S) OFFICER(S)
o personally known to me - OR— TITLE(S)
❑ proved to me on the basis of satisfactory evidence to be the ❑PARTNER(S)
persons(s) whose name(s) is/are subscribed to the within riATTORNEY-IN-FACT
instrument and acknowledged to me that he/she/they executed ❑TRUSTEE(S)
the same in his/her/their authorized capacity(ies), and that by ❑SUBSCRIBING WITNESS
his/her/their signature(s) on the instrument the person(s) or the QGUARDIAN/CONSERVATOR
entity upon behalf of which the persons(s) acted, executed the ❑OTHER
instrument.
Witness my hand and official seal.
SIGNER IS REPRESENTING:
Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE OF DOCUMENT
DESCRIBED AT RIGHT:
Si ner s Other Than Named Above
15
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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WITNESS my hand and o icial seal. h
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OPTIONAL
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fraudulent removal and reattachment of this form to dnothor document Zj
Description of Attached Document ^>
2 Title or Type of Document:
Document Date Number of Pages:
�I
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer16
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Signer's Name: ,T -
❑ Individual Top of thumb here '
❑ Corporate Off icer—Title(s):
❑ Partner—LJLimited ❑General
❑ Attorney-in-Fact
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I� Signer Is Representing: �i ,
6
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EXHIBIT "A"
TRACT MAP 31525 LEGAL DESCRIPTION
Tract Map No. 31525, as recorded in Map Book_, Pages__through inclusive, records
of Riverside County, California_
16
EXHIBIT "B"
TENTATIVE TRACT MAP 31525 CONDITIONS OF APPROVAL
17
RESOLUTION NO. 21567
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED
NEGATIVE DECLARATION FOR TENTATIVE TRACT MAP
31525 AND DIRECTING STAFF TO FILE THE ASSOCIATED
NOTICE OF DETERMINATION, AND APPROVING
TENTATIVE TRACT MAP 31525, FOUR SEASONS, FOR A
GATED 70-UNIT SINGLE-FAMILY RESIDENTIAL
DEVELOPMENT WITH TWO LETTERED LOTS, AND
DEDICATED PARKLAND, ON AN APPROXIMATELY 23.9-
ACRE PARCEL LOCATED ON THE EAST SIDE OF SUNRISE
WAY NORTH, BETWEEN SAN RAFAEL DRIVE AND
WHITEWATER WASH, SUBJECT TO THE ATTACHED
CONDITIONS OF APPROVAL INCLUDED AS EXHIBIT A,
ZONE PD-267, SECTION 36_
WHEREAS, K. Hovnanian (the "Applicant") has filed an application with the City pursuant
to Section 9.62.010 of the Palm Springs Municipal Code, for Tentative Tract Map 31525;
and
WHEREAS, the proposed project is considered a "project" pursuant to the terms of the
California Environmental Quality Act ("CEQA"), and an Environmental Assessment has
been prepared for this project and has been distributed for public review and comment in
accordance with CEQA; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Tentative Tract Map 31525 was given in accordance with applicable
law; and
WHEREAS, on December 14, 2005, a public hearing on the application for project was
held by the Planning Commission in accordance with applicable law; and
WFIEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the Planning
Commission considered the effect of the proposed project on the housing needs of the
region, and has balanced these needs against the public service needs of residents and
available fiscal and environmental resources; and
WHEREAS, the Planning Commission carefully reviewed and considered all of the
evidence presented in connection with the meeting on the project, including but not limited
to the staff report, and all written and oral testimony presented; and.
WHEREAS, the Planning Commission determined that the appropriate findings could be
made, and recommended that the City Council approve the project, approve the
Environmental Assessment, and adopt the draft mitigated negative declaration; and
WHEREAS, Tentative Tract Map 31525 is subject:to the approval of the City Council; and
DPP 3
Resolution No.21567
Page 2
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider Tentative Tract Map 31525 was given in accordance with applicable law; and
WHEREAS, on January 18, 2006, a public hearing on the application for project was held
by the City Council in accordance with applicable law; and
WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has
considered the effect of the proposed project on the housing needs of the region, and has
balanced these needs against the public service needs of residents and available fiscal
and environmental resources: and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the meeting on the project, including but not limited to the
staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. A Mitigated Negative Declaration (MND) has been completed in compliance
with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City
Council finds that with the incorporation of proposed mitigation measures, potentially
significant environmental impacts resulting from this project will be reduced to a level of
insignificance and therefore adopts a Mitigated Negative Declaration for the project. The
City Council has independently reviewed and considered the information contained in the
MND prior to its review of this Project and the MND reflects the City Councils independent
judgment and analysis.
Section 2_ Pursuant to Section 66474 of the Subdivision Map Act, the City Council
makes the following findings:
a. The proposed Tentative Tract Map, consisting of 70 single family residential
dwelling units on approximately 23.9 acres of land, is consistent with all applicable
general and specific plans.
The proposed Tentative Tract Map is consistent with the goals and objectives of the
L-4 Low Density Residential, General Plan designation which governs the subject
property as well as all property adjacent to the subject site. The dedication of park
land will also serve to implement Residential Land Use Objective 3.3c (development
of park facilities related to residential areas). The location of the park adjacent to
Sunrise Way, and the reliance on one-story homes will preserve a viewshed north
across White Water Wash, and implement Land Use Policy 3.3.3 (preservation of
scenic viewsheds), and the transfer of density from the park area to the.rest of the
project is consistent with Land Use Policy 3.3.4 (density transfer in conjunction with
open space), reasonably preserving the opportunity to develop the property taken '
as a whole to the extent allowed pursuant to the adopted plans and policies of the
City.
Resolution No.21567
Page 3
b. The design and improvements of the proposed Tentative Tract Map are consistent
with the zone in which the property is located.
The proposed project is consistent with existing development in the immediate
vicinity of the proposed project. Specifically, the project density is similar to the
existing single story residences and mobile home park located to the south and the
existing two-story multi-family residential development located to the southwest of
the property.
C. The site is physically suited for this type of development.
The project site is level and each lot contains adequate developable building area.
There are no bodies of water, ravines, or significant topographic features on the
subject property.
d, The site is physically suited for the proposed density of development.
City zoning criteria for the Planned Development District 267 zone encourage and
allow for a more creative approach in the development of land, which allows for more
usable open space areas. The land is required to develop as an integrated unit,
conforming to density and all other property development standards, except that lot
area, lot dimensions, and yards may be modified to allow "cluster' and "row" housing
provided the overall development equals the general quality of development in this
zone.
The proposed project will allow for a housing opportunity which provides common
open space amenities, private street and smaller lot sizes. This project is the third
phase of a resort community type of housing product and will provide needed housing
product within the community.
The General Plan Designation of L-4 establishes a threshold density of 3 dwelling
units per acre and a maximum of 4 dwelling units per acre. The proposed density of
approximately 3 dwelling units per acre is within the allowable range of density. Thus,
the site is physically suited for the proposed number of lots, and the density of the
subdivision is consistent with the General Plan. The proposed project incorporates a
more creative approach in the development of land, utilizing reductions in lot area, lot
dimensions, and yards, and inclusion of more usable open space areas, consistent
with the provisions of the zoning ordinance, thereby preserving the opportunity to
develop the subdivision in a manner consistent with the City's General Plan.
e. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitats.
The Initial Study prepared for the project determined that the project is adjacent to
existing developments to the west and south. Through the implementation of the
proposed mitigation measures, any environmental impacts regarding animal or plant
Resolution No,21567
Page 4
life will be reduced to a level of less than significant. There are no bodies of water on
the subject property and therefore no fish will be disturbed. '
f. The design of the subdivision or type of improvements is not likely to cause serious
public health problems.
The design of the proposed subdivision includes the provision of public water and
sewer systems, a drainage design that protects home sites while providing two water
quality basins, and a street system consistent with City standards.
g. The design of the subdivision or type of improvements will not conflict with easements,
acquired by the public at large, for access through or use of the property within the
proposed subdivision.
The design of the subdivision will not conflict with easements for access through or
use of the property. Although the property includes some easements, the proposed
design of the subdivision accommodates these easements.
Section 3. The proposed project is in substantial conformance with the Planned
Development District(Case No 5.0866 - PD-267).
Section 4. The City Council adopts the Mitigated Negative Declaration for Tentative
Tract Map 31525, and directs staff to file the associated Notice of Determination. '
Section 5. The City Council approves Case Number 5.0866-6 Tentative Tract Map
31525_
ADOPTED this 3"' day of May, 2006.
David H. Ready, City Mad-AgIF
ATTEST:
mes Thompson, City Clerk
Resolution No.21567
Page 5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21567 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on May 3, 2006, by the following
vote:
AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet,
Mayor Pro Tern Foat and Mayor Oden
NOES: None
ABSENT: None
ABSTAIN: None
p es Thompson, City Clerk
ity of Palm Springs, California
t
Resolution No,21567
Page 6
EXHIBIT A
Case No. 5.0866-B '
Tentative Tract Map 31525
K. Hovnanian Four Seasons
East Side of Sunrise Way North, between San Rafael Drive and White Water Wash
CONDITIONS OF APPROVAL
May 3, 2006
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 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 5.0866-B Tentative Tract Map 31525.
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 or 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,
parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences
Resolution No. 21567
Page 7
' between the curb and property line, including sidewalk or bikeway easement areas
that extend onto private property, in a first class condition, free from waste and
debris, and in accordance with all applicable law, rules, ordinances and regulations of
all federal, state, and local bodies and agencies having jurisdiction at the property
owner's sole expense. This condition shall be included in the recorded covenant
agreement for the property if required by the City-
4- 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 Cade; therefore a fee of $1,314.00
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
submitted if required.
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 fee being 112% for commercial or industrial projects, 114% for new
residential subdivisions, or 1/4% for new individual single-family residential units
constructed on a lot located in an exisfing subdivision 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 Services 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.
7. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code
Sedan 66477 (Quimby Act), all residential development shall be required to
contribute to mitigate park and recreation impacts such that, prior to issuance of
residential building permits, a parkland fee or dedication shall be made. Accordingly,
all residential development shall be subject to parkland dedication requirements
and/or park improvement fees_ The parkland mitigation amount shall be based upon
the cost to acquire and fully improve parkland. The applicant shall submit a property
appraisal to the Planning Services Department for the purposes of calculating the
Park Fee. The Park Fee payment and/or parkland dedication shall be completed
prier to the issuance of building permits. In the event the applicant dedicates to the
City and the City accepts the area designated on the map as Lot A, the applicant's
obligation to pay a fee for parkland improvements as otherwise provided in this
Condition No. 7.
Resolution No.21567
Page 8
Environmental Assessment
S. 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 mitigated negative declaration will be included in the Planning
Commission consideration of the environmental assessment. Mitigation measures
are as follows:
• MM IV-1 Suitable candidate site(s) totaling a minimum of five acres in size will
be identified by a qualified biologist, in coordination with the project
applicant, the City of Palm Springs, and the Coachella Valley
Mountains Conservancy. The site will be purchased by the applicant
and donated to the Conservancy for preservation in perpetuity.
Preservation will be ensured by the dedication of a conservation
easement or other appropriate mechanism. (Biological Resources)
• MM V-1 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 Interiors
Standards and Guidelines, shall be employed to survey the area for
the presence of cultural resources identifiable an the ground surface.
(Cultural Resources)
• MM V-3 In the event that cultural resources are located during grading,
construction activities must be halted in the vicinity of the find and BIA
Regional Archaeoiogies and project archaeologist shall be notified.
Work should not proceed in the area of the find, but rather be
redirected if possible, until a qualified archaeologist has been
consulted to determine the significance of the find. The City of Palm
Springs General Plan Historic element policy 5b/16 includes the
requirement "...if archaeological resources are uncovered during
grading for any project within the planning area, the building contractor
shall stop grading immediately. The contractor shall notify the City
and shall summon a qualified archaeologist to determine the
significance of uncovered resources and specify appropriate
mitigation." (Cultural Resources)
• MM V-4 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 approval of final
maps.
• MM V-5 In the unlikely event that human remains are encountered during the
project, State Health and Safety Code Section 7050.5 states that no
further disturbance shall occur until the County Coroner has made the
Resolution No.21567
Page 9
' necessary finding as to origin and disposition of the remains pursuant
to Public Resources Code Section 5097.98- Specified actions must
be taken immediately upon the discovery of human remains:
(1) Stop immediately and contact the County Coroner;
(2) The Coroner has two working days to examine human remains
after being notified by the responsible person. If the remains
are Native American, the Coroner has 24 hours to notify the
Native American Commission;
(3) The Native American Heritage Commission will immediately
notify the person it believes to be the most likely descendent of
the deceased Native American;
(4) The most likely descendent has 24 hours to make
recommendations to the owner, or representative, for the
treatment or disposition, with proper dignity of the human
remains and grave goods;
(5) If the descendent does not make recommendations within 24
hours, the owner shall re-inter the remains in an area of the
property secure from further disturbance, or if the owner does
not accept the descendant's recommendations, the owner of
the descendent may request mediation by the Native American
Heritage Commission. (Cultural Resources)
' • MM XI-1 All construction vehicles or equipment, fixed or mobile, operated within
1,000 feet of a dwelling shall be equipped with property operating and
maintained mufflers. This requirement shall be included on the
contractor specifications and shall be verified by the Planning Director.
(Noise)
• MM XI-2 Stockpiling and/or vehicle staging areas shall be located on-site and
as far as practical from sensitive noise receptors, i.e., residential
areas. This requirement shall be included in the contractor
specifications and shall be verified by the Planning Director. (Noise)
• MM XV-1 For long-range future conditions (year 2020), a traffic signal is
estimated to be warranted at the intersection of Sunrise Way and Four
Seasons Boulevard. Since the traffic signal is warranted after the
completion of the project buildout year (2007), the project applicant
will deposit the total cost of the traffic signal with the City of Palm
Springs for use when the traffic signal is warranted.
(Transportation/Traffic)
9. The developer shall reimburse the City for the City's costs incurred in monitoring the
developer's compliance with the conditions of approval and mitigation monitoring
program, including, but not limited to inspections and review of developers
operations and activities for compliance with all applicable dust and noise
operations, and cultural resource mitigation. This condition of approval is
ff ,
Resolution No,21567
Page 10
supplemental and in addition to normal building permit and public improvement
permits that may be required pursuant to the Palm Springs Municipal Code.
CC&R's
10, The applicant shall submit three (3) sets of a draft declaration of covenants,
conditions and restrictions ("CC&Rs") to the Director of Planning Services for
approval in a form to be approved by the City Attorney, to be recorded with the
County Recorder's Office at the same time as recordation of the final map. A copy
of the final documents shall be submitted to the Director of Planning Services after
recordation. The CC&Rs shall be submitted with a list of the adopted conditions of
approval and an indication of where applicable conditions are addressed in the
CC&Rs, The CC&R's shall be enforceable by the City, shall not be amended
without City approval, and shall require maintenance of all property in a good
condition and in accordance with all ordinances.
11, The costs for City Attorney review of the CC&Rs shall be borne by the applicant,
The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$3,500.00, towards the cost of the review of the CC&Rs. A filing fee, in accordance
with the fee schedule adopted by the City Council, shall also be paid to the City
Planning Services Department for administrative review purposes.
Final Design ,
12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted
for approval by the Department of Planning Services, prior to issuance of a building
permit. Landscape plans shall be approved by the Riverside County Agricultural
Commissioner's Office prior to submittal. All landscaping located within the public
right of way or within community facilities districts must be approved by the Public
Works Director and the Director of Parks and Recreation.
13. The final development plans shall be submitted in accordance with Section 94,03.00
of the zoning Ordinance. Final development plans shall include site plans, building
elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans,
exterior lighting plans, sign program, mitigation monitoring program, site cross
sections, property development standards and other such documents as required
by the Planning Commission. Final development plans shall be submitted within
two (2) years of the approval of the tentative tract map.
14. An exterior lighting plan in accordance with Zoning Ordinance Section 93,21,00,
Outdoor Lighting Standards, shall be submitted for review and approval by the
Director of Planning Services prior to the issuance of building permits.
Manufacturer's out sheets of all exterior lighting on the building and in the
landscaping shall be submitted for approval prior to Issuance of a buildfing.permit. If
lights are proposed to be mounted on buildings, down-lights shall be utilized. No
lighting of the hillside is permitted.
Resolution No.21567
Pape 11
1 Public Safely CHI
15. 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, cullural 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-
General Conditions/Code Requirements
16. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application for Final Landscape Document
Package to the Director of Planning Services for review and approval prior to the
issuance of a building permit. Refer to Chapter 8,60 of the Municipal Code for
specific requirements.
17, 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.
18. 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.
19. Separate architectural approval and permits shall be required for all signs. A
detailed sign program shall be submitted for review and approval by the Planning
Commission prior to issuance of building permits.
20. All materials on the flat portions of the roof shall be earth tone in color.
21. All roof mounted mechanical equipment shall be screened from all possible vantage
points both existing and future per Section 93.03.00 of the Zoning Ordinance. The
screening shall be considered as an element of the overall design and must blend
with the architectural design of the building(s). The exterior elevations and roof
plans of the buildings shall indicate any fixtures or equipment to bra located on the
roof of the building, the equipment heights, and type of screening. Parapets shall
be at least 6" above the equipment for the purpose of screening.
i�llt'Inc�
Resolution No.21567
Page 12
22. No exterior downspouts shall be permitted on any facade on the proposed
building(s) which are visible from adjacent streets or residential and commercial
areas.
23. Perimeter walls shall be designed, installed and maintained in compliance with the
corner cutback requirements as required in Section 93.02.00.D.
24. The design, height, texture and color of building(s), fences and walls shall be
submitted for review and approval prior to issuance of building permits.
25. The street address numbering/lettering shall not exceed eight inches in height.
26. Construction of any residential unit shall meet minimum soundproofing
requirements prescribed pursuant to Section 1092 and related sections of Title 24
California Building Standards Code of the California Code of Regulations.
Compliance shall be demonstrated to the satisfaction of the Director of Building and
Safety.
27. Prior to the issuance of building permits, locations of all telephone and electrical
boxes must be indicated on the building plans and must be completely screened
and located in the interior of the building.
28. No more than 70 single family dwelling units shall be developed within the
subdivision-
Emclineering De artment
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
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.
NORTH SUNRISE WAY
3. Dedicate additional right-ef-way as necessary to construct the Sunrise Parkway,
along project/tract frontage associated with Tentative Tract Map 31848, the "Palm
Springs Village", as required by the City Engineer.
4. Construct a 12 feet wide meandering combination sidewalk and bicycle path along
the entire project/tract frontage. The construction shall be made with colored
Resolution No.21567
Page 13
Portland Cement concrete. The admixture shall be Palm Spring8 Tan, Desert Sand,
or approved equal color by the Engineering Division. Easements shall be granted
for the portions of the bicycle path that leave the public right-of-way_
5. The applicant shall deposit its fair share of the cost to construct its portion of the
Sunrise Parkway across the project/tract frontage of the development by others.
The applicant shall submit an Engineer's Estimate of the cost of its fair share of the
construction of the Sunrise Parkway for review and approval by the City Engineer,
which shall be deposited with the City prior to approval of a final map.
ON-SITE PRIVATE STREETS
6. Dedicate easements extending over the private streets for sewer and public utility
purposes with the right of ingress and egress for service and emergency vehicles
and personnel.
7. Construct all cul-de-sacs with a minimum curb radius of 43 feet throughout the cul-
de-sac bulb.
8. Construct all street "knuckles" in accordance with City of Palm Springs Standard
Drawing No. 104.
' 9. Construct 6 inch curb and gutter, 18 feet on each side of centerline along all on-site
street frontages, with 25 feet radius curb returns and spandrels (where required) at
intersecting on-site streets in accordance with City of Palm Springs Standard
Drawing No. 200 and 206.
10. Construct a 6 feet wide cross gutter and spandrels at all intersections (where
required) with a flow line parallel with and 18 feet from the centerline of the
intersecting street in accordance with City of Palm Springs Standard Drawing No.
200 and 206.
11. Construct driveway approaches in accordance with City of Palm Springs Standard
Drawing No. 201,
12. Construct a 5 feet wide sidewalk behind the curb along both sides of the entire on-
site street frontages in accordance with City of Palm Springs Standard Drawing No.
210_
13, Construct Type A curb ramps meeting current California State Accessibility
standards at all on-site street intersections in accordance with City of Palm Springs
Standard Drawing No_ 212, as required by the City Engineer.
14. Construct Type 8 curb ramps meeting current California State Accessibility .
standards across from all cul-de-sac intersections in accordance with City of Palm
Springs Standard Drawing No. 213. Alternatively, driveway approaches may be
located opposite cul-de-sac intersections.
Resolution No,21567
Page 14
15. Construct a minimum pavement section of 2'/ inches asphalt Concrete pavement
over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches
at 95% relative compaction, or equal, within all paved areas in accordance with City
of Palm Springs Standard Drawing No. 110 and 300. If an alternative pavement
section is proposed, the proposed pavement section shall be designed by a
California registered Geotechnical Engineer using "R" values from the project site
and submitted to the City Engineer for approval.
SANITARY SEWER
16. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
17. Construct 8 inch V.C.P. sewer mains within all on-site streets and connect to the
existing 8" sewer main located within the Sunny Springs Way and Fan Palm Way.
18. All sewer mains constructed by the developer and to become part of the City sewer
system shall be televised by the developer prior to acceptance of said lines.
19. 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. '
GRADING
20. Submit a Grading Plan prepared by a California registered civil engineer to the
Engineering Division for review and approval. The Grading Plan shall be approved
by the City Engineer prior to issuance of grading permit.
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 andlor 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 Department 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 www.AQMD_gov. A Fugitive
Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control
t��1�,
Resolution No. 21567
Page 15
Handbook, shall be submitted to and approved by the Engineering Division prior to
' approval of the Grading plan.
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 a current Title
Report; a copy of the Soils Report; and a copy of the associated Hydrology
Study/Report,
21. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the adjacent streets, roadways, or gutters.
22. A National Pollutant Discharge Elimination System (NPDES) stormwater permit,
issued from the California Regional Water Quality Control Board (Phone No. 760-
346-7491) is required for the proposed development. A copy of the executed permit
shall be provided to the City Engineer prior to approval of a Grading Plan.
23, In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the
applicant shall post with the City a cash bond of two thousand dollars ($2,000.00)
per disturbed acre for mitigation measures for erosion/blowsand relating to this
property and development.
' 24. A soils report prepared by a California registered Geotechnical Engineer shall be
required for and incorporated as an integral part of the grading plan for the
proposed development. A copy of the soils report shall be submitted to the Building
Department and to the Engineering Division prior to approval of the Grading Plan.
25. 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).
DRAINAGE
26. All stormwater runoff passing through the site shall be accepted and conveyed
across the property in a manner acceptable to the City Engineer. For all stormwater
runoff falling on the site, on-site retention or other facilities approved by the City
Engineer shall be required to contain the increased stormwater runoff generated by
' the development of the property, as described in the Preliminary Hydrology Report
for Tentative Tract No. 31525, prepared by MSA Consulting, Inc., dated September
12, 2005. Final retention basin sizing, storm drain pipe sizing, and catch basin
sizing and other specifications for construction of required on-site storm drainage
Resolution No.21567
Page 16
improvements shall be finalized in the Hydrology Report for Tentative Tract Map
31525,
27, The applicant shall install a drywell, or series of drywells, or alternate solution,
within the retention basins proposed at the southeast corner of the development as
necessary to collect and percolate stormwater runoff, including nuisance water,
from the tributary area within the development that has drainage directed to the
basin. The drywell(s) shall be appropriately sized to accommodate the expected
daily nuisance water, as well as runoff from ordinary storm events (2-year storm
events), unless otherwise approved by the City Engineer. Provisions shall be
included in the Covenants, Conditions and Restrictions (CC&R's) for this
development that require the routine maintenance of the drywell(s) by the Home
Owners Association (HOA), including the right of the City to inspect and require the
HOA to remove and replace the drywell(s) if they fail to function, causing stagnant
water to accumulate above ground within the basin. The City shall be given the
right, in the interest of the public's health, safety, and welfare, to order the removal
and replacement of drywell(s) in the event the HOA is non-responsive to the City's
written notice, with costs to be recovered against the HOA by the City in accordance
with state and local laws and regulations.
28. Submit storm drain improvement plans for all on-site storm drainage system
facilities for review and approval by the City Engineer.
29. The applicant shall be responsible for construction of all required drainage
improvements, including but not limited to catch basins and storm drain lines, for
drainage of on-site streets into the on-site retention basins, as described in the final
Hydrology Report for Tentative Tract Map 31525.
30. The project is subject to flood control and drainage implementation fees_ The
acreage drainage fee at the present time is $6,511,00 per acre per Resolution No.
15189, Fees shall be paid prior to issuance of a building permit.
GENERAL
31_ Any utility trenches or other excavations within existing asphalt concrete pavement
of off-site streets required by the proposed development shall be back-filled and
repaired in accordance with City of Palm Springs Standard Drawing No. 115_ The
applicant shall be responsible for removing, grinding, paving and/or overlaying
existing asphalt concrete pavement of off-site streets as required by and at the
discretion of the City Engineer, including additional pavement repairs to pavement
repairs made by utility companies for utilities installed for the benefit of the proposed
development (i.e. Desert Water Agency, Southern California Edison, Southern
California Gas Company, Time Warner, Verizon, etc.). Multiple, excavations,
trenches, and other street cuts within existing asphalt concrete pavement of off-site '
streets required by the proposed development may require complete grinding and
asphalt concrete overlay of the affected off-site streets, at the discretion of the City
Engineer. The pavement condition of the existing off-site streets shall be returned
Resolution No. 21567
Fage 17
' to a condition equal to or better than existed prior fo construction of the proposed
development.
32, All proposed utility lines shall be installed underground.
33. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all
existing and proposed electrical lines of thirty-five thousand volts or less and
overhead service drop conductors, and all gas, telephone, television cable service,
and similar service wires or lines, which are on-site, abutting, and/or transacting,
shall be installed underground unless specific restrictions are shown in General
Orders 95 and 128 of the California Public Utilities Commission, and service
requirements published by the utilities. The existing overhead utilities across the
property shall be installed underground. A detailed plan approved by the owner(s)
of the affected utilities depicting all above ground facilities in the area of the project
to be undergroundnd, shall be submitted to the Engineering Division prior to
issuance of any building permit. Undergrounding of applicable overhead utility lines
shall occur in two phases: Phase 1 shall consist of undergrounding overhead
utilites within the residential portion of the site, and Phase 2 shall consist of
undergrounding overhead utilities within the dedicated park site. All undergrounding
of overhead utilites shall be completed prior to Issuance of any Certificate of
Occupancy in the final construction phase, or final eight residences, whichever is
more.
1 34. All existing utilities shall be shown an the grading/street plans. The existing and
proposed service laterals shall be shown from the main line to the property line.
35, Upon approval of any improvement plan by the City Engineer, the improvement plan
shall be provided to the City in digital format, consisting of a DWG (AutoCAD
drawing file) and DXF (AutoCAD ASCII drawing exchange file). Variation of the type
and format of the digital data to be submitted to the City may be authorized, upon
prior approval of the City Engineer.
36. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-built"
information and returned to the Engineering Division prior to issuance of a certificate
of occupancy. Any modifications or changes to approved improvement plans shall
be submitted to the City Engineer for approval prior to construction_
37. Nothing shall be constructed or planted in the corner cut-off area of any driveway
which does or will exceed the height required to maintain an appropriate sight
distance per City of Palm Springs Zoning Code Section 93.02.00, D.
38. All proposed trees within the public right-of-way and within IQ-feet of the public
' sidewalk and/or curb shall have City approved deep root barriers installed per City
of Palm Springs Standard Drawing No. 904.
Resolution No.21567
Page 18
MAP
39. 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.
40- The applicant shall grant all rights, title and interest in Lot "G" to the City of Palm
Springs on the final map, free of any covenants, conditions or.
41, A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted
to the City Engineer for review and approval for any restrictions related to the
Engineering Division's recommendations. The CC&R's shall be provided with the
first submittal of the final map, and shall be approved by the City Engineer prior to
approval of the Final Map.
42. 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, CC383
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, ArcVisw Shapefile, Arclnfo Coverage or Exchange file (e00), DWG
(AutoCAD drawing file), DGN (Microstation drawing file), and DXF (AutoCAD ASCII
drawing exchange file). Variations of the type and format of G.1.5, digital data to be
submitted to the City may be authorized, upon prior approval of the City Engineer.
TRAFFIC
43. Based on the traffic study submitted by Urban Crossroads (dated February 8,
2005), the following mitigation measures will be required:
a. Install a 24 inch stop sign, stop bar, and "STOP" legend at the on-site private
intersections along Savanna Trail at Sunny Springs Way and Fan Palm Way in
accordance with City of Palm Springs Standard Drawing Nos. 620-625,
b. Payment of applicant's fair share of 100% of the cost to install a traffic signal
at the Sunrise Way and Four Seasons Boulevard intersection. ' The applicant -
shall deposit$160,000 to the City for installation of the traffic signal in the future,
when warranted, as determined by the City Engineer. The deposit shall he ,
made prior to approval of a final map
Resolution No. 21567
Page 19
' c. Payment of applicant's fair share of 12.8% of the total cost to install a traffic
signal at the Indian Canyon Drive and Sunrise Parkway intersection. The
applicant shall deposit $19,200 to the City for installation of the traffic signal by
others. The deposit shall be made prior to approval of a final map.
44. A minimum of 48 inches of clearance shall be provided on proposed sidewalks for
handicap accessibility.
45. All damaged, destroyed, or modified traffic control devices, pavement legends, or
striping associated with the proposed development shall be replaced as required by
the City Engineer prior to issuance of a Certificate of Occupancy.
46. Install a street name sign at each intersection of the on-site private streets in
accordance with City of Palm Springs Standard Drawing Nos. 620 through 625_
47. Construction signing, lighting and barricading shall be provided for on all projects as
required by City Standards or as directed by the City Engineer. As a minimum, all
construction signing, lighting and barricading shall be in accordance with State of
California, Department of Transportation, "Manual of Traffic Controls for
Construction and Maintenance Work Zones" dated 1996, or subsequent additions in
force at the time of construction.
48. This property is subject to the Transportation Uniform Mitigation Fee which shall be
paid prior to issuance of building permit.
Waste Disposal
1. Trash cans shall be screened from view and kept within fifty (50)feet of the street.
Police Department
1. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal
Code.
Building Department
1. Prior to any construction on-site, all appropriate permits must be secured.
FIRE
1. Construction Requirements: All Construction shall be in accordance with the
1998 California Fire Code, the 1997 Uniform Building Code, City of Palm
Springs Engineering requirements, City of Palm Springs Fire Protection Plan,
' Vol Il, City of Palm Springs Ordinance 1570, Desert Water Agency
specifications, NFPA Standards plus UL and CSFM listings.
Resolution No.21567
Page 20
2. Streets and Fire Lanes: Street construction, widths, turning radius' and cul-de-
sacs shall be constructed in accordance with the 1998 California Fire Code, '
Article 9, City of Palm Springs engineering standards, 1997 California Building
Code, and Palm Springs Ordinance 1570.
3. Fire Department Access: Minimum Fire Lane width shall be 20' unobstructed per
the 1998 California Fire Code, Article 9. Vertical clearance shall not be less than
14'6".
4. Emergency access Gate Width: Minimum gate width shall be 14' unobstructed.
5. Second Fire Apparatus Access Gate: Provide Fire Department access gate at
East end of project.
6. Construction Site Fencing Required: Construction site fencing required for new
construction over 5,000 SF. Fencing shall remain intact until buildings are
stuccoed or covered and secured with lockable doors and windows or until the
Fire Marshall deems necessary. Provide 14' wide access gates equipped with
changeable chains and locks-
7- Construction Site Guard: Construction site guard required for new construction
over 5,000 SF per City of Palm Springs Ordinance 1570. Guard to remain on
duty 24 hours a day, 7 days per week, as determined by the fire marshal. '
8. Turning Radius: The outside turning radius of fire apparatus roads and Cul-de-sac
streets shall be at least 43' from centerline, inside turning radius required is 30'
from centerline per the 1998 California Fire Code, Article 9 and City of Palm
Springs Ordinance 1570.
9. Complex Gate Locking Devices: Complex gate(s)) shall be equipped with a
KNOX locking device per the 1998 California Fire Code. Contact this office for a
KNOX application form as soon as possible.
10. Fire Hydrants, Water Systems and Standpipes: Fire hydrants shall be installed
per NFPA standards, plus 1998 California Fire Code and DWA standards.
Where underground water mains are to be provided, they shall be installed,
completed and in service with fire hydrants and standpipes or combinations
thereof located as directed by this office, but not later than the time when
combustible materials are delivered to the construction site.
11, Water Agency Construction Specifications: All water mains, fire hydrants and
devices shall be installed in accordance with Desert Water Agency specifications
and standards.
12_ Mandatory Fire Sprinklers: Automatic Fire Sprinkler System with 24 hours ,
monitoring is required per City of Palm Springs Fire Protection Master Plan Vol.
11 and City of Palm Springs Ordinance 1570.
Resolution No.21557
Page 21
' 13. Fire Sprinkler Installation: Fire sprinklers shall be designed and installed per
NFPA 13 and 13D (Modified) by a state licensed C-16 Fire Sprinkler Contractor.
14. Further Comments: Further comments as conditions warrant.
END OF CONDITIONS
1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP
31525 FOR PROPERTY LOCATED AT 4000 N. SUNRISE
WAY, IN SECTION 36, TOWNSHIP 3 SOUTH, RANGE 4
EAST, AND APPROVING A SUBDIVISION IMPROVEMENT
AGREEMENT WITH K. HOVNANIAN'S FOUR SEASONS
AT PALM SPRINGS, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY
WHEREAS, the Planning Commission, at its meeting of December 14, 2005,
' recommended approval of Tentative Tract Map 31525, prepared by Hunsaker and
Associates Irvine, Inc., representing K. Hovnanian's Four Seasons at Palm Springs,
LLC, a California limited liability company, for the above described property; and
WHEREAS, the City Council at its meeting of May 3, 2006, approved Tentative Tract
Map 31525 subject to conditions; and
WHEREAS, the City Council at its meeting of May 3, 2006, concurrently approved
Agreement No. 5284, "Agreement As To Park Land Dedication — TM 31525" with K.
Hovnanian's Four Seasons at Palm Springs, LLC, allowing for the future negotiation on
the matter of the park land dedication of Lot "G" of Tentative Tract Map 31525; and
WHEREAS, Agreement No. 5284 authorizes the approval of Final Map 31525 exclusive
of the dedication of Lot "G" to the City for park purposes, subject to conditions contained
therein; and
WHEREAS, the owner offers for dedication Lots "H" and "I" for street and public utility
purposes; easements for public sewer and public utility purposes, together with the right
of ingress and egress for service and emergency vehicles and personnel, over Lots "D",
"J", "K", "L", "M", "N", "0", and "P", indicated as "Private Streets"; and easements for
sidewalk and public access, as shown on the map.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
1. That Final Map 31525 is in substantial conformance with approved Tentative
Tract Map 31525; and
2. That, subject to Agreement No. 5284, requisite conditions associated with
Tentative Tract Map 31525 have been satisfied; and
3. That, subject to Agreement No. 5284, Final Map 31525 is in donformance with
the General Plan; and
4. That Final Map 31525 conforms to all requirements of the Subdivision Map Act of
the State of California; and
Resolution No.
Page 2
5. That all offers of dedication to the public on Final Map 31525 shall be accepted
by the City Clerk of the City of Palm Springs; and
6. That the City Manager is hereby authorized to enter into a Subdivision
Improvement Agreement with the subdivider and to accept subdivision
improvement security in conformance with the requirements therein for
construction of required public improvements; and
7. That the City Clerk shall cause to have recorded with the Riverside County
Recorder the Subdivision Improvement Agreement, and
8. That Final Map 31525 is hereby approved for purposes therein defined.
ADOPTED THIS 7th day of March, 2007.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on March 7, 2007, by the
following vote:
AYES-
NOES-
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
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