HomeMy WebLinkAboutA7028 - FAR WEST INDUSTRIES, LLC - TM 36725 /SUBDIVISION IMPROV AGMT 2017-0409752
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CITY OF PALM SPRINGS Recorded in Official Records
County of Riverside
Peter Aldana
AND WHEN RECORDED MAIL TO: Assessor-County
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P. O. Box 2743 1 R A Exam:Palm Springs,Springs, CA 92263 Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert CC
Attn: Office of the City Clerk
SIZE NCOR SMF NCH T:
Filing fee EXEMPT per Government Code 6103
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SUBDIVISION IMPROVEMENT AGREEMENT
Far West Industries
and
The City of Palm Springs, California
THIS AREA FOR
RECORDER ' S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
ORIGINAL BID
AND/OR AGREEMENT
TABLE OF CONTENTS
1. Construction Obligations......................................................................................1
1.1 Works of Improvement ...............................................................................1
1.2 Other Obligations Referenced in Conditions of
TentativeMap Approval..............................................................................2
1.3 Intent of Plans ............................................................................................2
1.4 Survey Monuments ....................................................................................2
1.5 Performance of Work .................................................................................2
1.6 Changes in the Work..................................................................................2
1.7 Defective Work...........................................................................................3
1.8 No Warranty by City ...................................................................................3
1.9 Authority of the City Engineer.....................................................................3
1.10 Documents Available at the Site.................................................................3
1.11 Inspection...................................................................................................3
1.12 Compliance with Law .................................................................................4
1.13 Suspension of Work ...................................................................................4
1.14 Final Acceptance of Works of Improvement...............................................4
2. Time for Performance ...........................................................................................4
2.1 Commencement and Completion Dates.....................................................4
2.2 Phasing Requirements...............................................................................5
2.3 Force Majeure ............................................................................................5
2.4 Continuous Work........................................................................................5
2.5 Reversion to Acreage.................................................................................5
2.6 Time of the Essence...................................................................................6
3. Labor.....................................................................................................................6
3.1 Labor Standards.........................................................................................6
3.2 Nondiscrimination.......................................................................................6
3.3 Licensed Contractors .................................................................................6
3.4 Workers' Compensation .............................................................................6
4. Security.................................................................................................................6
4.1 Required Security.......................................................................................6
4.2 Form of Security Instruments .....................................................................7
4.3 Subdivider's Liability...................................................................................8
4.4 Letters of Credit..........................................................................................8
4.5 Release of Security Instruments.................................................................9
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5. Cost of Construction and Provision of Inspection
Service..................................................................................................................9
5.1 Subdivider Responsible for All Related Costs of
Construction ...............................................................................................9
5.2 Payment to City for Cost of Related Inspection
and Engineering Services.........................................................................10
6. Acceptance of Offers of Dedication.....................................................................10
7. Warranty of Work................................................................................................10
8. Default.................................................................................................................10
8.1 Remedies Not Exclusive...........................................................................10
8.2 City Right to Perform Work.......................................................................10
8.3 Attorney's Fees and Costs .......................................................................11
9. Indemnity ............................................................................................................11
10 General Provisions..............................................................................................11
10.1 Successors and Assigns .........................................................................A l
10.2 No Third Party Beneficiaries.....................................................................11
10.3 Entire Agreement; Waivers and Amendments..........................................11
11. Corporate Authority.............................................................................................11
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this isf4 day of 20107by and between the
CITY OF PALM SPRINGS, a California charter city ("CITY"), and Far West Industries, A
California Corporation (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 36725 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 an
easement for public utility purposes, easements shown as "PSE" (Private Street
Easement) and sewer purposes, for public utility with right of ingress and egress of
service and emergency vehicles and personnel. An easement for public utility purposes
shown on map as "5' PUE" for public utility and sewer purposes.
C. Subdivider has delivered to City and City has approved plans and
specifications and related documents for certain "Works of Improvement" (as hereinafter
defined) which are required to be constructed and installed in order to accommodate the
development of the Property.
D. Subdivider's agreement to construct and install the Works of Improvement
pursuant to this Agreement and its offer of dedication of the streets, easements and
other improvements and facilities, as shown on the Map, are a material consideration to
City in approving the final map for the Property and permitting development of the
Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference
and in consideration of City's approving the Map for the Property and permitting
development of the Property to proceed, Subdivider agrees to timely perform all of its
obligations as set forth herein.
1. Construction Obligations.
1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to
construct or install or cause to be constructed or installed the street, drainage, domestic
water, sanitary sewer and other improvements (herein sometimes collectively referred
to as the "Works of Improvement"), as the same may be supplemented and revised
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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 $3,100,000.00.
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In
addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the
Tentative Map for the Property. The conditions of approval associated with the Tentative
Map are included as Exhibit "B" attached hereto.
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to
prescribe a complete work of improvement which Subdivider shall perform or cause to
be performed in a manner acceptable to the City Engineer (or his/her designee) and in
full compliance with all codes and the terms of this Agreement. Subdivider shall
complete a functional or operable improvement or facility, even though the Plans may
not specifically call out all items of work required for the contractor to complete its tasks,
incidental appurtenances, materials, and the like. If any omissions are made or
information necessary to carry out the full intent and meaning of the Plans, Subdivider
or its contractor shall immediately notify its design engineer who will seek approval of
the City Engineer for furnishing of detailed instructions. In the event of any doubt or
question arising regarding the true meaning of any of the Plans, reference shall be
made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized
alterations affecting the requirements and information given on the Plans shall be in
writing and approved by the City Engineer. The Plans shall be supplemented by such
working or shop drawings as are necessary to adequately control the work. Without the
City Engineer's prior written approval, no change shall be made by Subdivider or
Subdivider's contractor to any plan, specification, or working or shop drawing after it has
been stamped as approved.
1.4 Survey Monuments. Before final approval of street improvements,
Subdivider will place survey monument(s) as shown on the Map in accordance with the
provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City
of Palm Springs. Subdivider shall provide security for such obligation as provided in
Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City
Engineer of the City of Palm Springs written notice of the setting of said monument(s)
and written proof of having paid the engineer or surveyor for the setting of said
monument(s).
1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all
materials, labor, tools, equipment, utilities, transportation, and incidentals required to
perform Subdivider's obligations under this Agreement.
1.6 Changes in the Work. The City Engineer, without invalidating this
Agreement and without notification to any of the sureties or financial institutions
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referenced in Paragraph 4, may order extra work or may make changes by altering or
deleting any portion of the Works of Improvement as specified herein or as deemed
necessary or desirable by the City Engineer as determined necessary to accomplish the
purposes of this Agreement and to protect the public health, safety, or welfare. The City
Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction
Notice) at the time a determination has been made to require changes in the work. No
field changes performed or proposed by Subdivider or its contractor shall be binding on
City unless approved in writing by the City Engineer.
1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct,
replace, or otherwise make acceptable any work found by the City Engineer to be
defective.
1.8 No Warranty by City. The Plans for the Works of Improvement have been
prepared by or on behalf of Subdivider or its consultants or contractors, and City makes
no representation or warranty, express or implied, to Subdivider or to any other person
regarding the adequacy of the Plans or related documents.
1.9 Authority of the City Engineer. In addition to the authority granted to the
City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to
decide all questions which may arise as to the quality and acceptability of materials
furnished and work performed, and all questions as to the satisfactory and acceptable
fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor.
1.10 Documents Available at the Site. Subdivider shall cause its contractor to
keep a copy of all approved Plans at the job site and shall give access thereto to the
City's inspectors and engineers at all times.
1.11 Inspection. Subdivider shall have an authorized representative on the job
site at all times during which work is being done who has full authority to act for
Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works
of Improvement. Subdivider shall cause its contractor to furnish the City with every
reasonable facility for ascertaining whether or not the Works of Improvement as
performed are in accordance with the requirements and intent of this Agreement,
including the Plans. If the City inspector requests it, the contractor at any time before
acceptance of the Works of Improvement shall remove or uncover such portions of the
finished work as may be directed which have not previously been inspected. After
examination, the contractor shall restore said portions of the work to the standards
required hereunder. Inspection or supervision by the City shall not be considered as
direct control of the individual workmen on the job site. City's inspector shall have the
authority to stop any and all work not in accordance with the requirements contained or
referenced in this Agreement.
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
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work may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
1.12 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
Improvement to be completed in accordance with all other applicable federal, state, and
local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor
has completed all of the Works of Improvement, Subdivider shall then request a final
inspection of the work. If items are found by the inspector to be incomplete or not in
compliance with this Agreement or any of the requirements contained or referenced
herein, City will inform the contractor of such items. After the contractor has completed
these items, the procedure shall then be the same as specified above for the
contractor's initial request for final inspection. If items are found by City's inspector to be
incomplete or not in compliance after two (2) "final" inspections, City may require the
contractor, as a condition to performing further field inspections, to submit in writing a
detailed statement of the work performed subsequent to the date of the previous
inspection which was found to be incomplete or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Subdivider shall (i) commence with construction and installation of the Works of
Improvement thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two
2 ears after the Commencement Date. Extensions of time for completion of the
Works of Improvement may be granted upon demonstration of good cause, subject to
review and approval by the City Council.
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2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City
reserves the right to control and regulate the phasing of completion of specific Works of
Improvement as required to comply with applicable City ordinances, regulations, and
rules relating to the timely provision of public services and facilities. In addition to
whatever other remedies City may have for Subdivider's failure to satisfy such phasing
requirements, as the same now exist or may be amended from time to time, Subdivider
acknowledges City's right to withhold the issuance of further building permits on the
Property until such phasing requirements are satisfied. Prior to issuance of building
permits, Subdivider shall provide satisfactory evidence that all applicable requirements
that are a condition to issuance of building permits have been satisfied. Such
requirements may include the payment of fees, construction of improvements, or both.
Final inspections or issuance of Certificates of Occupancy may be withheld from the
Subdivider by the City, if, upon a determination by the City Engineer or his designee,
completion of specific Works of Improvements or other requirements associated with
the development of the Property have not been completed to his satisfaction.
2.3 Force Maieure. Notwithstanding the provisions of Section 2.1, Subdivider's
time for commencement and completion of the Works of Improvement shall be
extended for the period of any enforced delay caused due to circumstances beyond the
control and without the fault of Subdivider, including to the extent applicable adverse
weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a
public agency (including City), required changes to the scope of work required by City,
and similar causes; provided, however, that the period of any enforced delay hereunder
shall not include any period longer than five (5) days prior to City's receipt of a written
notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a
right to extend its time for performance hereunder. City Engineer shall evaluate all
claims to Force Majeure and his decision shall be final.
2.4 Continuous Work. After commencement of construction of the Works of
Improvement (or separate portion thereof), Subdivider shall cause such work to be
diligently pursued to completion, and shall not abandon the work for a consecutive
period or more than thirty (30) days, events of Force Majeure excepted.
2.5 Reversion to Acreage. In addition to whatever other rights City may have
due to Subdivider's failure to timely perform its obligations hereunder, Subdivider
recognizes that City reserves the right to revert the Property to acreage subject to the
limitations and requirements set forth in California Government Code Sections
66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of
Improvement have not been completed on or before the later of two (2) years from the
date of this Agreement or within the time allowed herein, whichever is the later, and if
City thereafter initiates proceedings to revert the Property to acreage, pursuant to
Government Code Section 66499.16 Subdivider hereby consents to reversion and
agrees that any improvements made by or on behalf of Subdivider shall not be
considered in determining City's authority to revert the Property to acreage.
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2.6 Time of the Essence. Time is of the essence of Subdivider's performance
of all of its obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of California Department of Labor.
3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor
performing any of the Works of Improvement shall discriminate against any employee or
prospective employee with respect to such work in hiring, promotion, seniority, or any
other terms and conditions of employment on the grounds of race, creed, color, national
origin, ancestry, religion, sex, or marital status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California and
shall cause each such contractor and subcontractor to submit to City a Certificate of
Insurance verifying such coverage prior to such contractor or subcontractor entering
onto the job site.
4. Security.
4.1 Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to
City the following bonds, letters of credit, instruments of credit (assignment of deposit
account) or other security acceptable to City in its sole and absolute discretion and
satisfying the requirements of the applicable provisions of this Section 4 below
(hereinafter "Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
$3,100,00.00 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
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and Materials Security Instrument") with respect to the Works of Improvement in an
amount equal to $1,550,000.00 equal to 50% of the estimated construction cost
referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting
monuments as required in Section 1.4 in the amount of $3000.00 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 $465,000.00 equal to 15% of the estimated
construction cost set forth in Section 1.1 or a suitable amount determined by the City
Engineer.
4.2 Form of Security Instruments. All Security Instruments shall be in the
amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following
minimum requirements and otherwise shall be in a form provided by City or otherwise
approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such
bond must be issued and executed by an insurance company or bank authorized to
transact surety business in the State of California. Any insurance company acting as
surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key
Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any
bank acting as surety shall have a minimum rating of AA, as rated by Moody's or
Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any
letter of credit shall be an original separate unconditional, irrevocable, negotiable and
transferable commercial letter of credit issued by a financial institution with offices in the
State of California acceptable to City. Any such letter of credit shall specifically permit
City to draw on same by unilateral certification of the City Engineer of the City that
Subdivider is in default under its payment or performance obligations hereunder or in
the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)
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
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security to City all of Subdivider's interest in funds on deposit in one or more bank
accounts with financial institutions acceptable to City.
(d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the
City of Palm Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after
the deadline for Subdivider's completing the Works of Improvement, in accordance with
Section 2.1 (other than Instruments of Credit, which shall have no defined term or
expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the
Works of Improvement pursuant to the terms of this Agreement without notice to any
issuer or surety and without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in
order for City to realize on its security under any Security Instrument, Subdivider agrees
to cooperate with City to facilitate City's realization under any Security Instrument, and
to take no action to prevent City from such realization of any Security Instrument.
Notwithstanding the giving of any Security Instrument or the subsequent expiration of
any Security Instrument or any failure by any surety or financial institution to perform its
obligations with respect thereto, Subdivider shall be personally liable for performance
under this Agreement and for payment of the cost of the labor and materials for the
improvements required to be constructed or installed hereby and shall, within ten (10)
days after written demand therefor, deliver to City such substitute security as City shall
require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be
entitled to draw on any such letter of credit if a replacement letter of credit (expiring in
not less than one (1) year, unless City agrees to a lesser term in City's sole and
absolute discretion) is not delivered not less than thirty (30) days prior to the expiration
of the original letter of credit, such substitute letter of credit being in the same amount
and having the terms and conditions as the initial letter of credit delivered hereunder,
issued by a financial institution acceptable to City as of the date of delivery of the
replacement letter of credit.
(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
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hold the funds in an account pursuant to the foregoing, City may thereafter at any time
elect instead to apply such funds as provided in the foregoing. Subdivider agrees and
hereby grants City a security interest in such account to the extent required for City to
realize on its interests therein and agrees to execute and deliver to City any other
documents requested by City in order to evidence the creation and perfection of City's
security interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor
and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of
satisfaction of all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument;
and
(iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims
have been timely filed, City shall hold the Labor and Materials Security Instrument until
such claims have been resolved, Subdivider has provided a statutory bond, or otherwise
as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon
Subdivider's written request upon the expiration of the warranty period, provided no
claims are outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be
responsible for payment of all costs incurred for construction and installation of the
Works of Improvement. In the event Subdivider is entitled to reimbursement from City
for any of the Works of Improvement, such reimbursement shall be subject to a
separate Reimbursement Agreement to be entered into between Subdivider and City
prior to construction of the works.
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
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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.
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.
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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, attorney's fees and costs and the costs of realizing on any
Security Instrument provided by Subdivider pursuant to the terms hereof. Such
indemnity obligation shall not extend to any loss resulting from City's sole negligence or
willful misconduct.
10. General Provisions.
10.1 Successors and Assigns. This Agreement shall be binding upon all
successors and assigns to Subdivider's right, title, and interest in and to the Property
and any portion thereof.
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only
the parties hereto and their respective successors and assigns. Neither City nor
Subdivider intend to create any third party beneficiary rights in this Agreement in any
contractor, subcontractor, member of the general public, or other person or entity.
10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates
all of the terms and conditions mentioned herein, or incidental hereto, and supersedes
all negotiations and previous agreements between the parties with respect to all or part
of the subject matter hereof, except as may be expressly provided herein. All waivers of
the provisions of this Agreement must be in writing and signed by an authorized
11
representative of the party to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
11. Corporate Authority.The persons executing this Agreement on behalf of
the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into of this Agreement does not violate any provisions
of any other Agreement to which said party is bound.
(Signatures on Next Page)
12
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
By
Kathleen D. Hart, MMC, Interim City Clerk David H. Ready, City er
STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED BY: ^ {
Marcus L. Fuller, M A, P.E., P.L.S. " ct't'f AtTMwr^Y
Assistant City Manager/City Engineer 0Awowd Z. 144Kth
APPROVED BY CITY COUNCIL
SUBDIVIDER: ,L. 7 ra i7 A10>T
Far West Industries, a California Limited Liability Company
Check one: _Individual _Partnership " Corporation*_Company
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated `
below; for all others, authorized agents must sign this Agreement.
LBY BY:
Signature (notarized) Signature (notarized)
Name: « Name: �T G • L sso 1
Title: �es.(� - Title:a; l"„c,,•c.� C <<a��r�.�s�r�
(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:
2q22- �t irr Lae S"
!S-*s cf--
`12?os
22 I170
�- jWfax)
14
ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
County of Riverside ) SS.
City of Palm Springs )
On September 28, 2017, before me, KATHLEEN D. HART, INTERIM CITY CLERK, CITY OF
PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I personally know is
the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his official and authorized capacity
on behalf of the City of Palm Springs, a California Charter City.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and the official seal of the City of Palm Springs, California, this 28th day of
September, 2017.
oQ v A L M S.
A.
iy
ti a
V n
i `r4 r
_ # cw#OprTFO
(/Signature: c44rFORN�P
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
Title or Type of Document
Subdivision Improvement Agreement—A7028
ALL PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On July 12, 2017, before me, Ira D. Glaskv, NOTARY PUBLIC, personally appeared Albert O. Lissov.
and Scott Lissoy , who proved to me on the basis of satisfactory evidence to be the persons whose
names Ware subscribed to the within instrument and acknowledged to me that heishe/they executed the
same in i}Whe their authorized capacities, and that by 4isFber-Ftheir signatures on the instrument the
persons, or the entity upon behalf of which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
IRA D. GLASKY
WITNESS my hand and official seal. Notary Public-California
Oranp County =
Commission x 2184907 D
^ 11111CMIn-Expiraa Mar 26,2021
Signatur ! 1
(Seal)
ATTENTION NOTARY: Although the information requested below is OPTIONAL,
it could prevent fraudulent attachment of this certificate to another document.
DESCRIPTION OF ATTACHED DOCUMENT:
Title or Type of Document: SUBDIVISION IMPROVEMENT AGREEMENT------------------------------------------
Date of Document: May 23 2017 Number of Pages: 14 plus California Acknowledgments
Signer(s) Other Than Named Above: Kathleen D. Hart David H. Ready Marcus L. Fuller
CAPACITIES CLAIMED BY SIGNERS: Officers of Far West Industries------------------------
Signer's Names :Albert O Lissoy and Scott A Lissov----------------------------------------------------------------
11 Individual
Q Corporate Officer—Title(s): President Chief Financial Officer/Treasurer
❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustees
❑ Guardian or Conservator
❑ Other:
Signer is Representing: Far West Industries----------------------------------------------- -------
EXHIBIT "A"
TRACT MAP 36725 LEGAL DESCRIPTION
Tract Map No. 36725, as recorded in Map Book '157, Pages Ce (v through inclusive, records
of Riverside County, California.
16
EXHIBIT "B"
TENTATIVE TRACT MAP 36725 CONDITIONS OF APPROVAL
17
• RESOLUTION NO.
EXHIBIT A
CONDITIONS OF APPROVAL
Case 5.1340 PDD 370 CUP /3.3742 MAJ /TTM 36725 - "Alvarado"
(Southeast comer of North Palm Canyon Drive and Alvarado Road)
January 7, 2015
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Director of
Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on
which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM I. Project Description. This approval is for the project described per Case
• (5.1340 PDD 370 CUP / 3.3742 MAJ / TTM 36725); except as modified with
the approved Mitigation Monitoring Program and the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with. the approved plans, date stamped (October 29, 2014),
including site plans, architectural elevations, exterior materials and colors,
landscaping, and grading on file in the Planning Division except as modified
by the approved Mitigation Measures and conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code; and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with.
the provisions of the Palm Springs Zoning Code.
ADM 5. Tentative Map. This approval is for Tentative Tract Map 36725 located at the
southwest comer of North Palm Canyon Drive and Alvarado Road, date
stamped October 29, 2014. This approval is subject to all applicable
regulations of the Subdivision Map Act, the Palm Springs Municipal Code,
and any other applicable City Codes, ordinances and resolutions.
•
Case 5.1340 PDD 370—Conditions of Approval. January 7, 2015 •
ADM 6. Indemnification. The owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from any claim,
action, or proceeding against the City of Palm Springs or its agents, officers
or employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case 5.1340 PDD 370 CUP / 3.3742 MAJ / TTM 36725.
The City of Palm Springs will promptly notify the applicant of any such claim,
action, or proceeding against the City of Palm Springs and the applicant will
either undertake defense of the matter and pay the City's associated legal
costs or will advance funds to pay for defense of the matter by the City
Attorney. If the City of Palm Springs fails to promptly notify the applicant of
any such claim, action or proceeding or fails to cooperate fully in the defense,
the applicant shall not, thereafter, be responsible to defend, indemnify, or hold
harmless the City of Palm Springs. Notwithstanding the foregoing, the City
retains the right to settle or abandon the matter without the applicant's
consent but should it do so, the City shall waive the indemnification herein,
except, the City's decision to settle or abandon a matter following an adverse
judgment or failure to appeal, shall not cause a waiver of the indemnification
rights herein.
ADM 7. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including •
and without limitation all structures, sidewalks, bikeways, parking areas,
landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto
private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 8. Time Limit on Approval. Approval of the (Planned Development District
(PDD) Tentative Tract Map (TTM) and Major Architectural Applications (MAJ)
shall be valid for a period of two"(2) years from the effective date of the
approval. Extensions of time may be granted by the Planning Commission
upon demonstration of good cause.
Approval of this Conditional Use Permit shall be valid for a period of two (2)
years from the effective date of the approval. Once constructed, the
Conditional Use Permit, provided the project has remained in compliance with
all conditions of approval, does not have a time limit.
Page 2 of 27 •
i
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Case 5:1340 PDD 370—Conditions of Approval. January 7, 2015
Extensions of time may be approved pursuant to Code Section 9.63.110.
Such extension shall be required in writing and received prior to the expiration
of the original approval (Tentative Tract Map)
ADM 9. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 10. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of
the Municipal Code Code regarding public art. The project shall either provide
public art or payment of an in lieu fee. In,the case of the in-lieu fee, the fee
shall be.based upon the total building permit valuation as calculated pursuant
to the valuation table in the Uniform Building Code, the fee being 1/2% for
commercial projects or 1/4% for residential projects with first$100,000 of total
building permit valuation for individual single-family units exempt. Should the
public art be located on the project site, said location shall be reviewed and
approved by the Director of Planning and Zoning and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
• ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in
lieu of a dedication, at the option of the City. The in-lieu fee shall be
computed pursuant to Ordinance No. 1632, Section IV, by multiplying the
area of park to be dedicated by the fair market value of the land being
developed plus the cost to acquire and improve the property plus the fair
share contribution, less any credit given by the City, as may be reasonably
determined by the. City based upon the formula contained in Ordinance No.
1632. In accordance with the Ordinance, the following areas or features shall
not be eligible for private park credit: goif courses, yards, court areas,
setbacks, development edges, slopes in hillside areas (unless the area
includes a public trail) landscaped development entries, , meandering
streams, land held as open space for wildlife habitat, flood retention facilities
and circulation improvements such as bicycle, hiking and equestrian trails
(unless such systems are directly linked to the City's community-wide system
and shown on the City's master plan).
ADM 12. Maintenance of Outdoor Seating and structures at the Corner "Oasis'.
Periodic cleaning of the "oasis" at the comer of North Palm Canyon Drive and
Alvarado Road shall be the responsibility of the project's homeowners'
association (HOA).
• Page 3 of 27
•
Case 5.1340 PDD 370—Conditions of Approval. January 7, 2015
ADM 13. CC&R's The applicant prior to issuance of building permits shall submit a
draft declaration of covenants, conditions and restrictions ("CC&R's") to the
Director of Planning for approval in a format to be approved by the City
Attomey: These CC&R's may be enforceable by the City, shall not be
amended without City approval, and shall require maintenance of all property
in a good condition and in accordance with all ordinances
CC&R's.
ADM 14. CC&R's. Prior to recordation of a final Tentative Tract Map or issuance of
building permits, the applicant shall submit a draft declaration of covenants,
conditions and restrictions ("CC&R's") to the Director of Planning for approval
in a format to be approved by the City Attorney. The draft CC&R package
shall include:
a. The document to convey title
b. Deed restrictions, easements, of Covenant Conditions and Restrictions to
be recorded.
c. Provisions for joint access to the proposed parcels, and any open space
restrictions.
d. A provision, which provides that the CC&R's may not be terminated or •
substantially amended without the consent of the City and the developer's
successor-in-interest.
Approved CC&R's are to be recorded following approval of the final map.
The CC&R's may be enforceable by the City, shall not be amended without
City approval, and shall require maintenance .of all property in a good
condition and in accordance with all ordinances,
ADM 15. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm
Springs, a deposit in the amount of $3,500, for the review of the CC&R's by
the City Attorney. A $675 filing fee shall also be paid to the City Planning
Department for administrative review purposes.
ADM 16. CC&R's Noise Disclosure. The CC&R's shall have a disclosure statement
regarding the location of the project relative to roadway noise, City special
events, roadway closures for special events and other planned activities
which may occur in the public right-of-way.
ADM 17. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
Page 4 of 27 •
26.E
• •
• Case 5.1340 PDD 370—Conditions of Approval. January 7, 2015
ADM 18. Community Facilities District. The project will bring additional residents,
visitors and activities to the community that will potentially impact the needs
for public safety services beyond the City's ability to provide such services;
and because such services, including police protection, criminal justice, fire
protection and suppression, ambulance, paramedic and other safety services,
and recreation, library, cultural services are near capacity, the City has
established a Community Facilities District to which this project shall be
annexed, subject to conditions of approval; and
Prior to recordation of the final map or, at the City's option, prior to issuance
of certificate of occupancy,'the developer agree to support formation of or
annexation into a Community Facilities District (CFD) to include the project
site. Developer further agrees to wajve any right of protest or contest such
formation or annexation, provided that the amount of any assessment for any
single family dwelling unit(or the equivalency thereof when applied to multiple
family, commercial or industrial) as established through appropriate study
shall not exceed $500 annually per dwelling unit or dwelling unit equivalency
unit, subject to an annual consumer price index escalator. Prior to sale of any
lots,-or prior to the issuance of any certificate of occupancy, or prior to any
approval of the Building Official that will allow the premises to be occupied,
the CFD shall be formed, the annexation thereto shall occur, or at the option
• of the City Manager and Building Official, a covenant, agreement may be
recorded_ against any affected parcel(s) with the project, evidencing the
Owner's binding consent, approval, and waiver of rights as provided in this
condition of approval.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP)
Local Development Mitigation Fee (LDMF) required. All projects within the
City.of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians
reservation are subject to payment of the CVMSHCP LDMF prior to the
issuance of certificate of occupancy.
ENV 2. California Fish & Game Fees Reguired. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
Planning Commission or City Council determination). - This fee shall be
submitted by the City to the County Clerk with the Notice of Determination.
• Page 5 of 27
-2'7
Case 5.1340 PDD 370—Conditions of Approval. January 7, 2015 •
Action on this application shall not be final until such fee is paid. The project
may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfg.ca.gov for more information.
ENV 3. _Mitigation Monitoring. The mitigation measures of the environmental
assessment shall apply. The applicant shall submit a signed agreement that
the mitigation measures outlined as part of the negative declaration or EIR
will be included in the plans prior to Planning Commission consideration of
the environmental assessment. Mitigation measures are defined in the CEQA
Evaluation and summarized here as follows:
ENV 4. Cultural Resource Survey Required. Prior to any ground disturbing activity,
including clearing and grubbing, installation of utilities, and/or any
construction related excavation, an Archaeologist qualified according to the
Secretary of the Interior's Standards and Guidelines, shall be employed to
survey the area for the presence of cultural resources identifiable on the
ground surface.
ENV 5. Cultural Resource Site Monitoring. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
be present during all ground-disturbing activities. •
a). A cultural resources inventory of the project area by a qualified
archaeologist prior to any development activities in the area is required.
b) A Native American Monitor(s) shall be present during all ground disturbing
activities including clearing and grubbing, excavation, burial of utilities,
planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla
Indian Cultural Office for additional information on the use and availability of
Cultural Resource Monitors. Should buried cultural deposits be encountered,
the Monitor shall contact the Director of Planning. After consultation the
Director shall have the authority to halt destructive construction and shall
notify a Qualified Archaeologist to further investigate the site. If necessary,
the Qualified Archaeologist shall prepare a treatment plan for submission to
the State Historic Preservation Officer and Agua Caliente Cultural Resource
Coordinator for approval.
c). Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record search
results and site records/updates shall be forwarded to the Tribal Planning,
Building, and Engineering Department and one copy to the City Planning
Department prior to final inspection.
Page 6 of 27 •
. 2.g.
Case 5.1340.PDD 370—Conditions of Approval. January 7, 2015
• PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a
photometric site plan showing the project's conformance with Section
93.21.00 Outdoor Lighting Standards of the Palm Springs'Zoning ordinance,
shall be submitted for approval by the Department of Planning prior to
issuance of a building permit. Manufacturer's cut sheets of all exterior lighting
on the building and in the landscaping shall be included. If lights are proposed
to. be mounted on buildings, down-lights shall be utilized. No lighting of
hillsides is permitted.
PLN 2. Water Efficient Landscaping Conformance. The project is subject to the
Water Efficient Landscape Ordinance (Chapter 8.60.00 and Chapter 11.06) of
the Palm Springs Municipal Code and all other relevant water efficient
landscape ordinances. The applicant shall submit a landscape and irrigation
plan to the Director of Planning for review and approval prior to the issuance
of a building permit. Landscape plans shall be wet stamped and approved by
the Riverside County Agricultural Commissioner's Office prior to submittal.
Prior to submittal to the City; landscape plans shall also be certified by the
local water agency that they are in conformance with the water agency's and
the City's Water Efficient Landscape Ordinances.
• PLN 3. Conditions Imposed from AAC Review. The applicant shall incorporate the
following comments from the review of the project by the City's Architectural
Advisory Committee:
a. The project's final landscape plan shall be submitted for review by the
AAC subcommittee (Purnell, Fredricks, Cassady) for recommendation for
approval to the Director of Planning prior to issuance of building permits.
PLN 4. Palm Tree Requirement. In accordance with Planning Commission
Resolution No. 1,503, dated November 18, 1970, the developer is required to
plant Washingtonia Fillifera (California Fan) palm trees (14 feet from ground
to fronds in height) 60 feet apart along the entire frontage of Palm Canyon
Drive and/or Tahquitz Canyon Way median.. The existing Robusta / Mexican
Fan Palms at the Palm Canyon frontage shall be replaced with California Fan
Palms.
PLN 5. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00. The applicant shall submit a sign
permit/program to the Department of Planning Services prior to the issuance
of building permits.
• Page 7 of 27
2
Case 5.1340 PDD 370—Conditions of Approval. January 7, 2015 •
PLN 6. Flat Roof Requirements. Roof materials on flat roofs (less than 2:.12) must
conform to California Title 24 thermal standards for"Cool Roofs". Such roofs
must have a minimum initial thermal emittance of 0.75 or a minimum SRI of
64 and a three-year aged solar reflectance of 0.55 or greater. Only matte
(non-specular) roofing is allowed in colors such as beige or tan.
PLN 7. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
PLN 8. Screen Roof-mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 9. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be
permitted on any facade on the proposed building(s) that are visible from
adjacent streets or residential and commercial areas.
PLN 10. Pool Enclosure Approval Required. Details of fencing or walls around pools
(material and color) and pool equipment areas shall be submitted for approval
by the Planning Department prior to issuance of Building Permits.
PLN 11. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of •
signalization will be permitted, except approved alarm systems.
PLN 12. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 13. No off-site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
PLN 14. Bicycle Parking. The project shall be required to provide secure bicycle
parking facilities on site for use by residents and visitors. Location and design
shall be approved by the Director of Planning.
PLN 15. Prior to recordation of the final subdivision map, the developer shall submit for
review and approval the following documents to the Planning Department,
which shall demonstrate that the project will be developed and maintained in
accordance with the intent and purpose of the approved tentative map:
a. The document to convey title.
Page 8 of 27 •
3 4u
Case 5.1340 PDD 370—Conditions of Approval. January 7, 2015
• b. Deed restrictions, easements, covenant conditions and restrictions that
are to be recorded.
c. The approved documents shall be recorded at the same time that the
subdivision map is recorded. The documents shall contain provisions for
joint access to the proposed parcels and open space restrictions. The
approved documents shall contain a provision which provides that they
may not be terminated or substantially amended without the consent of
the City and the developer's successor-in-interest.
PLN 16. Update of City's Zoning Map. Upon approval of the proposed Change of
Zone, Tract Map and/or Planned Development District, the applicant shall be
responsible for costs associated with update of the City's GIS based zoning
maps.
PLN 17. Open Space. Provide at least ten feet between the sides of units.
PLN 18. Streets and sidewalks to conform to General Plan. Revise the widths of the
private streets to conform to the General Plan and/or provide separate
sidewalks distinct from the vehicular travelway on the private streets.
• PLN 19. LiveMork Units on lots backing onto Palm Canyon Drive. The accessory
units developed as part of this approval may not be rented separately from
the main dwelling units to which they are assigned. CC&R's shall reflect this
restriction. Architectural Review and approval by the Planning Commission is
required of the project, particularly the accessory "live/work" units that back
onto Palm Canyon Drive by the Planning Commission with a recommendation
to provide variety to the Palm Canyon facades of these units prior to submittal
of building permits.
PLN 20. Remove All Gates. Both pedestrian and vehicular to better integrate the
proposed project with the existing surrounding neighborhood (individual rear
yard enclosures and gates and/or those associated with pool barriers are
permitted).
PLN 21. Shade Structure Option for Buyers. Develop a design for shade structures in
the back yards that integrates with the architecture of the complex that buyers
could include as a purchase option; review design with Director of Planning
for design approval.
PLN 22. Provide 'smart controllers' for all irrigation systems.
Page 9 of 27
•
3
Case 5.1340 PDD 370—Conditions of Approval. January 7, 2015 •
PLN 23. Provide Photo-voltaic systems for all units that have the capacity of providing
one-third to one-half of the project electrical loads for each residential units.
PLN 24. 48 inch box shade trees. Provide at least 48 inch box shade trees for comer
public open space. Select an alternative to the Shoestring Acacia species
with greater shade canopy.
PLN 25. Landscape Design Review by AAC. The landscape design and perimeter
walls for the entire project are to be reviewed by the AAC subcommittee
(Purnell, Fredricks, Cassady) for recommendation of approval to staff prior to
issuance of building permits. Perimeter wall design should incorporate "open
pedestrian access".
PLN 26. Final Architectural Design brought back to Planning Commission for approval
The project shall be reviewed by the Planning Commission for Architectural
Review and approval prior to issuance of building permits. In particular the
applicant is to improve the Palm Canyon Drive frontage, including more
variety in the accessory units fronting Palm Canyon and the repetitive nature
of the project's architecture.
POLICE DEPARTMENT CONDITIONS •
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with City
standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be
completed to the satisfaction of the City Engineer.
Page 10 of 27 •
32
Case 5.1340 PDD 370—Conditions of Approval. January 7, 2015
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
ENG 2. Applicant shall obtain State permits and approval of plans for any work
done on State Highway 111. A copy of an approved Caltrans
encroachment permit shall be provided to the City Engineer prior to the
issuance of any grading or building permits if there is any work being done
in the public-right-of-way on State Highway 11.1.
ENG 3. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plan(s) shall be approved by the
City Engineer prior to issuance of any building permits.
ALVARADO ROAD
ENG 4. Construct a 6 inch curb and gutter, 18 feet south of centerline along the
entire frontage, with a 35 feet radius curb return and spandrel at the
southeast comer of the intersection of Alvarado Road and North Palm
Canyon Drive in accordance with-City of Palm Springs Standard Drawing
• No. 200 and 206.
ENG 5. Construct a 42 feet wide driveway approach in accordance with City of
Palm Springs Standard Drawing No. 201.
ENG 6. Construct a 5 feet wide sidewalk behind the curb along the entire frontage
in accordance with City of Palm Springs Standard Drawing No. 210.
ENG 7. Construct a Type A curb ramp meeting current California State
Accessibility .standards at the southeast comer of the intersection of
Alvarado- Road and North Palm Canyon Drive in accordance with City of
Palm Springs Standard Drawing No.212.
ENG 8. Construct pavement with a minimum pavement section of 2.5 inches
asphalt concrete pavement over 4 inches crushed miscellaneous base
with a minimum subgrade of 24 inches at 95% relative compaction, or
equal, from edge of proposed gutter to centerline along the entire
Alvarado Road frontage in accordance with City of-Palm Springs Standard
Drawing No. 110. (Additional pavement removal and replacement may be
required upon review of existing pavement cross-sections, and to ensure
grade breaks,of the pavement cross-section do not occur within a travel
Page 11 of 27
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Case 5.1340 PDD 370—Conditions of Approval. January 7, 2015 •
lane.) If an alternative pavement section is proposed, the proposed
pavement section shall be _designed. _„by a California registered
Geotechnical 'Engineer using "R" values from the .project site and
submitted to the City Engineer for approval.
ENG 9. All broken' or off grade street improvements along the project frontage
shall'be.repaired or replaced."
DE ANZA ROAD
ENG 10. Construct a 6 inch curb and gutter, 20 feet west of centerline along the
entire.frontage, with-a 25 feet radius curb retum and spandrel at the
southwest corner of the intersection of Al'Varado Road and De Anza Road
in accordance with City of Palm Springs Standard .Drawing No. 200 and.
206:
ENG 11. Construct a 24 feet wide driveway approach in accordance with City of
Palm Springs Standard Drawing No. 201
ENG 12. Construct a 5 feet wide sidewalk behind the `curb along the.entire frontage
in accordance with City of Palm' Springs Standard Drawing No 210. •
ENG 13. Construct I a ' Type A curb, ramp meeting current California. State
Accessibility standards at the southwest comer of the intersection of
Alvarado Road and De Anza Road to accordance with City of Palm
Springs Standard Drawing No.212.
ENG 14. Construct pavement with a minimum pavement section of 2.5 inches
asphalt concrete pavement over 4 inches ,crushed miscellaneous base
with a minlmtam subgrade of 24 inches at 95% relative:compaction, or
equal, from edge of proposed gutter to centerline along the entire De Anza
Road frontage in"accordance with City of Palm Spnngs Standard Drawing
No. 110. Additional P avemenf're4rrio'val and "replacement may be required
upon review of existing pavement cross sections, and to: ensure grade
breaks of the pavembrit cross=section do not occur within a travel lane.) If
an alternative pavement section is proposed, the, proposed pavement
section shall be designed` by a California registered' Geotechnical
Engineer`using` "R5i values froi the project site and submitted to the City
Ergineer;for aplroval.
ENG 15. All broken or off grade.street improvements. along the project frontage
shall be'repaired or replaced:
NORTH PALM CANYON DRIVE (HIGHWAY 111) •
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Case 5.1340 PDD 370—Conditions of Approval. January 7, 2015
•
ENG 16. Contact the City's Director of Facilities to determine appropriate
specifications for.lighting, irrigation, root barriers on the existing California
Fan Palm trees to remain. Existing Mexican / Robusta Fan Palms shall be
removed and replaced in accordance with Planning Condition PLN 4 and
Planning Commission Resolution 1503, and in accordance with City
specifications.
g I rade street improvements along the project frontage
ENG 17. All broken or off
shall be repaired or replaced.
ON-SITE
ENG 18. The on-site layout of streets (or drive aisles) and naneer.spaces
is subject
to further review and approval by the City g
ent of
proposed street alignments, and deletion or relocation
of construction plans
spaces may be required during review and approvalroyal of
for on improvements, as required by the City
al of the on-s'a layout
the preliminary site plan roposed.e app
of streets and parking spaces as p
nt (specify
rive
ENG 19. The minimum pavement• etc1Oshall be 2-1/2 inches n I for all on-site easphalt concrete aisles, parking spaces, )
pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal. If an
alternative pavement section is proposed, the proposed pavement section
shall be designed by a California registered Geotechnical Engineer using
'TV values from the project site and submitted to the City Engineer for
approval
ENG 20. All on-site private streets (or drive aisles) shall be two-way with a minimum
28_IWA wide travelway (as measured from face of curb) where no on-
s reet parking is proposed.
ENG 21. On-site drive aisles (or parking necessarylt bacceptta de convey street
h curbs,
gutters, and cross-gutters, a
surface drainage of the on-site streets to the on-site drainage system, in
accordance with applicable City standards.
SANITARY SEWER
ENG 22. All sanitary facilities shall be connected to the public (or private)
r )late er
system (via the proposed on-site private sewer system). .New
shall not be connected at manholes.
• 13
Case 5.1340 PDD 370—Conditions of Approval. January 7, 2015 •
ENG 23. If an on-site private sewer system is proposed to collect sewage from the
development and connect to the existing public sewer system, sewer
plans shall be submitted to the Engineering Division for review and
approval. Private on-site sewer mains for residential projects shall conform
to City sewer design standards, including construction of 8 inch V.C.P.
sewer main and standard sewer manholes. Sewer manhole covers shall
be identified as "Private Sewer". A profile view of the on-site private sewer
mains is not necessary if sufficient invert information is provided in the
plan view, including elevations with conflicting utility lines. Plans for
sewers other than the private on-site sewer mains, i.e. building sewers
and laterals from the buildings to the on-site private sewer mains, are
subject to separate review and approval by the Building Division.
ENG 24. Submit sewer improvement plans prepared by a California registered civil
engineer to the Engineering Division. The plan(s) shall be approved by the
City Engineer prior to issuance of any building permits.
ENG 25. Upon completion of the construction of public sewer lines, an as-built
drawing in digital format shall be provided to the City as required by the
City Engineer, if the sewer was not constructed in accordance with the
original approved sewer plans. •
GRADING
ENG 26. Submit a Precise Grading Plan prepared by a California registered Civil
engineer to the Engineering Division for review and approval. The Precise
Grading Plan shall be approved by the City Engineer prior to issuance of
grading permit.
'a
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review
and approval. The applicant and/or its grading contractor shall be required
to comply with Chapter 8.50 of the City of Palm Springs Municipal Code,
and shall be required to utilize one or more "Coachella Valley Best
Available Control Measures" as identified in the Coachella Valley Fugitive
Dust Control Handbook for each fugitive dust source such that the
applicable performance standards are met. The applicant's or its
contractor's Fugitive Dust Control Plan shall be prepared by staff that has
completed the South Coast Air Quality Management District (AQMD)
Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Engineering Division with current and
valid Certificate(s) of Completion from AQMD for staff that have completed
the required training. For information on attending a Fugitive Dust Control •
14
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•
Case 5.1340 PDD 370—Conditions of Approval. January 7, 2015
• 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 httg://www.AQMD.gov. A Fugitive Dust Control
Plan, in conformance with the Coachella Valley Fugitive Dust Control
Handbook, shall be submitted to and approved by the Engineering
Division prior to approval of the Grading plan.
b. The first submittal of the Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of
Approval; a copy of a final approved conformed copy of the Site Plan; a
copy of current Title. Report; a copy of Soils Report; and a copy of the
associated Hydrology Study/Report.
ENG 27. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the
applicant shall obtain written approval to proceed with construction from
the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation
Officer or Tribal Archaeologist. The applicant shall contact the Tribal
Historic Preservation Officer or the Tribal Archaeologist at (760) 699-68009
to determine their requirements, if any, associated with grading or other
construction. The applicant is advised to contact. the Tribal Historic
Preservation Officer or Tribal Archaeologist as early as possible. If
required, it is the responsibility of the applicant to coordinate scheduling of
Tribal monitors during grading or other construction, and to arrange
payment of any required fees associated with Tribal monitoring.
ENG 28. In accordance with an approved PM-10 Dust Control Plan, temporary dust
control perimeter fencing shall be installed. Fencing shall have screening
that is tan in color; green screening will not be allowed. Temporary dust
control perimeter fencing shall be installed after issuance of Grading
Permit, and immediately prior to commencement of grading operations.
ENG 29. (Temporary dust control) perimeter fence screening shall be appropriately
maintained, as required by the City Engineer. Cuts (vents) made into the
perimeter fence screening shall not be allowed. Perimeter fencing shall
be adequately anchored into the ground to resist wind loading.
ENG 30. Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed
areas on-site shall be permanently stabilized, in accordance with Palm
Springs Municipal Code Section 8.50.022. Following stabilization of all
disturbed areas, perimeter fencing shall be removed, as required by the
City Engineer.
• 15
0
Case 5.1340 PDD 370—Conditions of Approval. January 7, 2015 •
ENG 31. A Notice of Intent(NOI) to comply with the California General Construction
Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified
September 2, 2009) is required for the proposed development via the
California Regional Water Quality Control Board online SMARTS system.
A copy of the executed letter issuing a Waste Discharge Identification
(WDID) number shall be provided to the City Engineer prior to issuance of
a grading or building permit.
ENG 32. This project requires preparation and implementation of a stormwater
pollution prevention plan (SWPPP). As of September 4, 2012, all
SWPPPs shall include a post-construction management plan (including
Best Management Practices) in accordance with the current Construction
General Permit. Where applicable, the approved final project-specific
Water Quality Management Plan shall be incorporated by reference or
attached to the SWPPP as the Post-Construction Management Plan. A
copy of the up-to-date SWPPP shall be kept at the project site and be
available for review upon request.
ENG 33. In accordance with City of Palm Springs Municipal Code, Section 8.50.022
(h), the applicant shall post with the City a cash bond of two thousand
dollars ($2,000.00) per disturbed acre (if there is disturbance of 5,000 •
square feet or more) of the time of issuance of grading permit for
mitigation measures for erosion/blowsand relating to this property and
development.
ENG 34. A Geotechnical/Soils Report prepared by a , California registered
Geotechnical Engineer shall be required for and ,incorporated as an
integral part of the grading plan for the proposed development. A copy of
the Geotechnical/Soils Report shall be submitted to the Engineering
Division with the first submittal of a grading plan (if required) or prior to
issuance of any permit.
ENG 35. In cooperation with the Riverside County Agricultural Commissioner and
the California Department of Food and Agriculture Red Imported Fire Ant
Project, applicants for grading permits involving a grading plan and
involving the export of soil will be required to present a clearance
document from a Department of Food and Agriculture representative in
the form of an approved "Notification of Intent To Move Soil From or
Within Quarantined Areas of Orange, Riverside, and. Los Angeles
Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if
required). The California Department of Food and Agriculture office is
located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-
8208).
16 •
• i
Case 5.1340 PDD 370—Conditions of Approval. January 7, 2015
WATER QUALITY MANAGEMENT PLAN
ENG 36. This project shall be required to install measures in accordance with
applicable National Pollution Discharge Elimination System (NPDES) Best
Management Practices (BMP's) included as part of the NPDES Permit
issued for the Whitewater River Region from the Colorado River Basin
Regional Water Quality Control Board (RWQCB). The applicant is
advised that installation of BMP's, including mechanical or other means for
pre-treating contaminated stormwater and non-stormwater runoff, shall be
required by regulations imposed by the RWQCB. It shall be the
applicant's responsibility to design and install appropriate BMP's, /in
accordance with the NPDES Permit, that effectively intercept and pre-treat
contaminated stormwater and non-stormwater runoff from the project site,
prior to release to the City's municipal separate storm sewer system
("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such
measures shall be designed and installed on-site; and provisions for
perpetual maintenance of the measures shall be provided to the
satisfaction of the City Engineer, including provisions in Covenants,
Conditions, and Restrictions (CC&R's) required for the development (if
any).
• ENG 37. A Final Project-Specific Water Quality Management Plan (WQMP) shall be
submitted to and approved by the City Engineer prior to issuance of a
grading or building permit. The WQMP shall address the implementation
of operational Best. Management Practices (BMP's) necessary to
accommodate nuisance water and storm water runoff from within the
underground parking garage and the on-site private drive aisles. Direct
release of nuisance water to adjacent public streets is prohibited.
Construction of operational BMP's shall be incorporated into the Precise
Grading and Paving Plan.
a. Prior to issuance of any grading or building permits, the property owner
shall record a "Covenant and Agreement" with the County-Clerk Recorder
or other instrument on a standardized form to inform future property
owners of,the requirement to implement the approved Final Project-
' Specific Water Quality Management Plan (WQMP). Other alternative
instruments for requiring implementation of the approved Final Project-
Specific WQMP include: requiring the implementation of the Final Project-
Specific WQMP in Home Owners Association or Property Owner
Association Covenants, Conditions, and Restrictions (CC&Rs); formation
of Landscape, Lighting and Maintenance Districts, Assessment Districts or
Community Service Areas responsible for implementing the Final Project-
Specific WQMP; or equivalent. Alternative instruments must be approved
• by the City Engineer prior to issuance of any grading or building permits.
17
3.9.:
0 •
Case 5.1340 PDD 370—Conditions of Approval. January 7, 2015 •
b. Prior to issuance of certificate of occupancy or final City approvals (OR of
"final" approval by City), the applicant shall: (a) demonstrate that all
structural BMP's have been constructed and installed in conformance with
approved plans and specifications; (b) demonstrate that applicant is
prepared to implement all non-structural BMP's included in the approved
Final Project-Specific WQMP, conditions of approval, or grading/building
permit conditions; and (c) demonstrate that an adequate number of copies
of the approved Final Project-Specific WQMP are available for the future
owners (where applicable).
c. Prior to issuance of certificate of occupancy or final City approvals (OR of
"final" approval by City), the applicant shall:
d. Demonstrate that all structural BMPs have been constructed and installed
in conformance with approved plans and specifications;
e. Demonstrate that applicant is prepared to implement all non-structural
BMPs included in the approved Final Project-Specific Water Quality
Management Plan (WQMP), conditions of approval, or grading/building •
permit conditions; and
f. Demonstrate that an adequate number of copies of the approved Final
Project-Specific WQMP are available for the future owners (where
applicable).
DRAINAGE
ENG 38. All stormwater runoff passing through the site shall be accepted and
conveyed across the property in a manner acceptable to the City
Engineer. For all stormwater runoff falling on the site, on-site retention or
other facilities approved by the City Engineer shall be required to contain
the increased stormwater runoff generated by the development of the
property. Provide a hydrology study to determine the volume of increased
stormwater runoff due to development of the site, and to determine
required stormwater runoff mitigation measures for the proposed.
development. Final retention basin sizing and other stormwater runoff
mitigation measures shall be determined upon review and approval of the
hydrology study by the City Engineer and may require redesign or
changes to site configuration or layout consistent with the findings of the
final hydrology study. No more than 40-50% of the street ,frontage
parkway/setback areas should be designed as retention basins. On-site
18 •
4D .,
Case 5.1340 PDD 370—Conditions of Approval. January 7; 2015
• open space, in conjunction with dry wells and other subsurface solutions
should be-considered as alternatives to using, landscaped parkways for
on-site retention
ENG 39. Direct release of on-site nuisance water orstormwater runoff shall not be
permitted to North Palm Canyon Drive:, Alvarado Road or,De Anza Road.
Provisions for the interception of nuisance water from entering adjacent
public streets from the project site shall be provided through the use of a
minor storm drain system that collects and conveys ;nuisance water to
landscape or parkway areas, and in only a stormwater runoff condition,
pass runoff directly to the, streets :through parkway.or ,under sidewalk
drains. ,
ENG 40. This project, shall be .required., to install measures-In' accordance with
applicableNational Pollution Discharge. Elimination System(NPDES) Best
Management. Practicesr(B"MP's) included as part of the NPDES Permit
issued,forthe;Whitewater River Region from the Colorado River Basin
Regional_aWater Quality Control Board (RWQCB)., The applicant is
advised that installation of BMP's, including mechanical ot'6iher means for
pre-treating contaminated stormwater and nonmstofmwater runoff, shall be
regwred by regulations imposed by. the RVVQCB I,t hall be the
applicant's responsibility, to design and install appropriate BMP's, in
accordance with the NPDES Permit,:that effectively intercept.and -treat
contaminated stormwater and non-stormwater runoff from he. project.site,
prior, to release_to the City's ..municipal separate-storm ;sewer system
("MS4"), to the satisfaction of the .City Engineer and the RWQCR. Such
measures shall .be designed and installed.-on-site; and ,provisions -for
perpetual maintenance' of the measures- shall. be, provided to the
satisfaction of the City Engineer, including ,provisions., in Covenants,
Conditions, and Restrictions.(CC&R's) reequired for the development:
ENG 41. The project is subject to flood control an drainage implementation fees
pursuant ,to ,Resolution;14082;,The acreage,drainage,fee at the present
time .is $ 6511.00 per acre per Resolution No 151__8 Fees"shall be paid
prior to issuance of a building permit.
ENG 42. All, on-.site ston-n. drain systems shall..be privately maintained by a
Homeowners Association (HOA). Provisions for maintenance of the on-
site,stoorm drain systems acceptable:to the City Engineer shall be included
in ;Covenants, Condition and Restrictions;(CC&R's) required for this
project. ,
• GENERAL
19
4
Case 5.1340 PDD 370—Conditions of Approval. January 7, 2015
ENG 43. Any utility trenches or other excavations within existing asphalt concrete
pavement of off-site streets required by the proposed development shall
be backfilled and repaired in accordance with City of Palm Springs
Standard Drawing No. 115. The developer shall be responsible for
removing, grinding, paving and/or overlaying existing asphalt concrete
pavement of off-site streets as required by and at the discretion of the City
Engineer, including additional pavement repairs to pavement repairs made
by utility companies for utilities installed for the benefit of the proposed
development (i.e. Desert Water Agency, Southern California Edison,
Southern California Gas Company, Time Warner, Verizon, Mission
Springs Water District, etc.). Multiple excavations, trenches, and other
street cuts within existing asphalt concrete pavement of off-site streets
required by the proposed development may require complete grinding and
asphalt concrete overlay of the affected off-site streets, at the discretion of
the City Engineer. The pavement condition of the existing off-site streets
shall be returned to a condition equal to or better than existed prior to
construction of the proposed development.
ENG 44. Any utility trenches or other excavations within existing asphalt concrete
pavement of off-site streets required by the proposed development shall
be backfilled and repaired in accordance with City of Palm Springs •
Standard Drawing No. 115.
ENG 45. All proposed utility lines shall be installed underground.
ENG 46. All proposed utility lines shall be installed underground. The applicant shall
coordinate with Southern California Edison to install underground conduit
for future underground service from the street, for use at such time as the
existing overhead utilities in the neighborhood are converted to an
underground system.
ENG 47. All existing utilities shall be shown on the improvement plans if required for
the project. The existing and proposed service laterals shall be shown
from the main line to the property line.
ENG 48. Upon approval.of any improvement plan (if,required) by the City Engineer,
the improvement plan` shall be provided to the City in .digital format,
consisting of a rDWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII
drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats.
Variation of the type and format of the digital data to be submitted to the
City may be authorized, upon prior approval by the City Engineer.
20 •
Case 5.1340 PDD 370—Conditions of Approval. January 7, 2015
• ENG 49. The original improvement plans prepared for the proposed development
and approved by the City Engineer (if required) shall be documented with
record drawing "as-built" information and returned to the Engineering
Division prior to issuance of a final certificate of occupancy. Any
modifications or changes to approved improvement plans shall be
submitted to the City Engineer for approval prior to construction.
•
• 21
4,3...
ENG 50. Nothing shall be constructed or planted in the corner cut-off area of •
any (intersection or) driveway which does or will exceed the height
required to maintain an appropriate sight distance per City of Palm
Springs Zoning Code Section 93.02.00, D.
MAP
ENG 51. 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 (Parcel/Final) Map to the
Engineering Division as part of the review of the Map. The
(Parcel/Final) Map shall be approved by the City Council prior to
issuance of building permits.
ENG 52. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall
-be submitted to the City Attorney for review and approval for any
restrictions related to the Engineering Division's recommendations.
The CC&R's shall be approved by the City Attorney prior to approval of
the Final (Parcel) Map by the City Council, or in the absence of a Final •
(Parcel) Map, shall be submitted and approved by the City Attorney
prior to issuance of Certificate of Occupancy.
ENG 53. Upon approval of a final (parcel) map, the final (parcel) map shall be
provided to the City in G.I.S. digital format, consistent with the
"Guidelines for G.I.S. Digital Submission" from the Riverside County
Transportation and Land Management Agency." G.I.S. digital
information shall consist of the following data: California Coordinate
System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing
exchange file); lot lines, rights-of-way, and centerlines shown as
continuous lines; full map annotation consistent with annotation shown
on the map; map number; and map file name. G.I.S. data format shall
be provided on a CDROM/DVD containing the following: ArcGIS
Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file,
DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file),
DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe
Acrobat 6.0 or greater) formats. Variations of the type and format of
G.I.S. digital data to be submitted to the City may be authorized, upon
prior approval of the City Engineer.
TRAFFIC
•
. 44
I
Conditions of Approval— November 19, 2014
Case 5.1340 PDD 370/CUP 13.3742 MAJ/TTM 36725—"Alvarado"
• ENG 54. A minimum of 48 inches of clearance for accessibility shall be provided
on public sidewalks or pedestrian paths of travel within the
development.
ENG 55. All damaged, destroyed, or modified pavement legends, traffic control
devices, signing, striping, and street lights, associated with the
proposed development shall be replaced as required by the City
Engineer prior to issuance of a Certificate of Occupancy.
ENG 56. Submit traffic striping and signage plans for Alvarado Road and De
Anza Road prepared by a California registered civil engineer, for
review and approval by the City Engineer. All required traffic striping
and signage improvements shall be completed in conjunction with
required street improvements, to the satisfaction of the City. Engineer,
and prior to issuance of a certificate of occupancy.
ENG 57. Construction signing, lighting and barricading shall be provided during
all phases of construction as required by City Standards or as directed
by the City Engineer. As a minimum, all construction signing, lighting
and barricading shall be. in accordance with Part 6 "Temporary Traffic
Control" of the Califomia Manual on Uniform Traffic Control Devices
(MUTCD), dated January 13, 2012, or subsequent editions in force at
the time of construction.
ENG 58. This property is subject to the Transportation Uniform Mitigation Fee
which shall be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
These Fire Department conditions may not provide all requirements. Detailed plans are
still required for review.
FID1 These conditions are subject to final plan check and review. Initial fire
department conditions have been determined on the site plan received and
dated November 4, 2014. Additional requirements may be required at that
time based on revisions to site plans.
FID2 Fire Department Conditions were based on the 2013 California Fire Code as
adopted by City of Palm Springs, Palm Springs Municipal Code and latest
adopted NFPA Standards. Four (4) complete sets of plans for private fire
service mains, fire alarm, or tire sprinkler systems must be submitted at time
of the building plan submittal.
FID3 PLANS AND PERMITS
Page 23 of 27 45
Conditions of Approval— November 19, 2014
Case 5.1340 PDD 3701 CUP/3.3742 MAJ!TTM 36725—"Alvarado"
Complete:plans for private fire service mains or fire sprinkler,systems should i
be submitted for approval well in advance of installation. Plan reviews can
take up to 20 working days. Submit a minimum of four(4) sets of drawings for
review. Upon approval,,the Fire Prevention Bureau will retain one set.
Plans shall be submitted to:
City of Palm Springs
Building.and Safety Department
3260 E. Tahquitz`Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM 6:00 PM, Monday-Thursday
A deposit for Plan Check and Inspection Fees is required at the time of Plan
Submittal. Inspection fees are charged.at the fully burdened hourly rate of the
f 6"" inspector.'These "fees are established by Resolution of the Palm Springs
Clty Council.
Cornplete listings and manufacturer's technical data sheets for all system
materials shall tie, included with plan 'submittals. All system materials shall be
UL listed or FM approved for fire protection service and approved by the Fire •
Prevention Bureau prior to installation.
Plans+shall indicate all necessary,engineering.features, including all hydraulic
reference nodes, pipe lengths and-. pipe diameters as required by the
appropriate codes and standards. Plans and.supportive data.(calculations and'
manufacturer's technical data sheets) shall< be,submitted with .each plan
submittal. Complete and accurate legends for all symbols and abbreviations
shall.be provided.on the.plans.
FID4 Street Widths (CFC Appendix L; PSMC § 8.04.500; Palm_ Springs 2007
General Plan): Private streets in ,any residential or, mixed use land use
deslgn`atior%lnay be redaoed.to a minimum of 28 feet;(curb face to curb face)
provided.that,(1);additional off,street parking,is provided as determined by the
City.Engineer, the fire Chief.and,DirecSor,of Planning, (2). rolled or wedge
curb is provided suchthat vehicles may park partially out of the traveled way,
an (3) pedestr1.an .pathways or sidewalks, if ,located; along the street,
separated:from the curb by a minimum five=foot parkway are provided;
Any street not designated by,the fire department as a 'fire lane" shall comply
with the above requirements.
FID5 Fire Apparatus, Access Roads (CFC 5031:1): Approved 7fire apparatus
access roads shall be provided for every facility, building or portion of a •
building:hereafter constructed or moved into or within the jurisdiction. The fire
Page 24 of 27 47
Conditions of Approval— 0 � November 19 2014
Case 5.1340 PDD 370/ CUP/3.3742 MAJ/TTM 36725—"Alvarado"
• apparatus,access road shall comply with the requirements of this section and
shall extend to within 150 feet of all portions of the facility and all portions of
the exterior walls of the first story of the building as measured by an approved
route around the exterior of the building or facility.
Fire Apparatus Access Road (CFC 202 Definitions) — A road that provides
fire apparatus access.from a fire station-to a facility, building or, portion
thereof. This is a general term inclusive of all other terms such as fire lane,
public street;.private street, parking lot lane.and access roadway.
Dimensions (CFC 503.21): Fire apparatus access roads shall have �an
unobstructed width of not less than .24 feet (for designated fire lanes)
except for-approved security gates in,accordance.with Section 503.6 and
an unobstructed vertical clearance of not less than'•13 feet 6 inches.
FID6 Fire manes (CFC 202 Definitions): A road.or other ppssageway developed to
allow the passageof fire apparatus. A fire.Iane is not-necessarily intended for
vehicular traffic other than fire sapparatus. A "fire lane".is a:,component of a
V11'e-apparatus access road
9 D ,esi nation of Fire Lanes (CVC 22500.1):.Only the fire department with
jurisdiction over the area in which the place is located cah.designate a fire
lane.
Designated'Fire,,Lanos in pr vate.developments shah be not:less than 24 feet
wide (curb .face to. curb face) with .no parking on either::side. Wedge, or
rolled curbing :contained .within. a 24 foot fire lane is6.11 be capable. of
supporting 73, 00 pound GVW fire apparatus.
Fire-`Lane .Marking (CFC 503 3 V1lhere required by the:fire code official,
approved signs or,:other approved :h6tices.or riarki igs,th'at-include the
words NO PARKfNG-FIRE °LANE shall 'be'provided.for fire apparatus
iccessJoads to. identify sticli;roads or prohibit the obstruction thereof.YThe:
.means by which fire lanes are designated shall,be maintained in a clean
and legible condition at all .times :and be replaced or':repaired when
necessaryto provide adequate visibility.
FID7 Dead end fire,apparatus access, roads in excess of_150 feet in length shalt be
provided with approved provisions fior the•turning around of fre apparatus.
The City of Pa)m Springs;has two approved turn around provisions. One is`a
cul-de-sac with,an outt;lde turning radius of 45 feet from centerline. The other
is a.hammerhpad turnaround meeting-.;the Palm Springs Public Works and
Engineering Department standard dated 9/4/2002.
FlD8 Surface (CFC 503.2.3): Fire apparatus access-roads shall be designed,and
Page 25 of 27
�4 7 .
0
Conditions of Approval— November 19, 2014
Case 5.1340 PDD 370/CUP/3.3742 MAJ/TTM 36725—"Alvarado"
maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW) •
and shall be surfaced so as to provide all-weather driving capabilities.
FID9 Traffic Calming Devices (CFC 503.4.1): Traffic calming devices shall be
prohibited unless approved by the fire code official.
FID10 Security Gates (CFC 503.6): The installation of security gates across a fire
apparatus access road shall be approved by the fire chief. Where security
gates are installed, they shall have an approved means of emergency
operation. Secured automated vehicle gates or entries shall -utilize a
combination of a Tomar StrobeswitchTm. or approved equal, and an approved
Knox key electric switch. Electric gate operators, where provided, shall be
listed in accordance with UL 325. Gates intended for automatic operation shall
be designed, constructed and installed to comply with the requirements of
ASTM F 2200 and an approved Knox key electric switch. Secured non-
automated vehicle gates or entries shall utilize an approved padlock or chain
(maximum link or lock'shackle size of % inch). Approved security gates shall
be-a minimum of 14 feet in unobstructed drive width on each side with gate in
open position.
In the event of a power failure, the gates shall be defaulted or automatically
transferred to a fail safe mode allowing the gate to be pushed open without .
the use of special knowledge or any equipment. If a two-gate system is used, •
the override switch must open both gates.
If there is no sensing device that will automatically open the gates for exiting,
a fire department approved Knox electrical override switch shall be placed on
each side of the gate in an approved location.
A final field inspection by the fire code official or an authorized representative
is required before electronicaliv controlled gates may become operative. Prior
to final inspection, electronic gates shall remain in a locked-open position.
FID11 Fire Hydrant. Flow and Number of Fire Hydrants (CFC. 508.5): Fire
hydrants shall be provided in accordance with CFC Appendix B, Fire Flow
Requirements for Buildings, for the protection of buildings, or portions of
buildings, hereafter constructed. The required fire hydrant flow for this project
is 750..gallons per minute (with fire sprinklers) (CFC Appendix B) and one
available fire hydrant must be within 250 feet from any point on lot street
frontages. (CFC Appendix C)
FID12 Operational Fire Hydrant(s) (CFC 508.1, 508.5.1 & 1412.1): Operational.
fire hydrants) shall be installed within 250 feet of all combustible construction.
They`shall be installed and made serviceable prior to and during construction.
No landscape planting, walls, or fencing is permitted within 3 feet of fire •
hydrants, except ground cover plantings
Page 26 of 27 4 g
Conditions ofAonrova1— 0 November 19, 2014
Case 5.1340 PDD 370/CUP/3.3742 MAJ/TTM 36725—"Alvarado"
• FID1 NFPA 13D Fire Sprinklers Required: An automatic .fire sprinkler system is
required. Only a C-16 licensed fire sprinkler contractor shall:perform system
design and installation. System to be`designed and installed in accordance
with NFPA standard 13D2013 Edition; as modified by local ordinance.
FID 14 PROJECT NOTES:''
Designated Fire Access Road depicted at the east side of the complex shall
meet fire apparatus access road"'requirements above.' Bocce Ball Court
shall not interfere with the road level.
END OF CONDITIONS
Page 27 of 27
ORDINANCE NO. •
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING A PRELIMINARY AND FINAL
PLANNED DEVELOPMENT DISTRICT IN' LIEU OF A
CHANGE OF ZONE FOR ' DEVELOPMENT OF 46
DETACHED RESIDENTIAL UNITS, PRIVATE ROADS
AND OPEN SPACE ON A 5.23 +l- ACRE PARCEL
LOCATED CA
PALM CANYON DRIVE AND ALVARADO ROAD [CASE
5.1340 PDD 3701
City Attorneys summary
This Ordinance approves a final planned development
district in lieu of a zone change to accommodate the
development of 46 detached residential units on a 5.23+/-
acre parcel generally located at the southeast corner of
North Palm Canyon drive and Alvarado Road.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:f of the Owner,
LLC on. behalf
The Eric •
q, West Coast Housing Partners, applications pursuant to Palm
Brandenburg Separate Property. Trust submitted appi
Springs Zoning Code Section 94.03 & 93.07 (Planned Development, Zone
Change) Section 94.04 (Architectural Review), Section 94.02 & 92.25.00
(Conditional Us Section
e Permit / oResort Combining Planned Development District n lieu of a
9.62 (Maps) seeking approvalApplication
Change of Zone, a Tentative Tract Map, and a Major Architectural App
and a Conditional Use Permit via the PDD for development f gated
community
common
comprised of d two-story neon a roughly hl detached5 23 acre'tstepocated at the southeast
open space and landscaping 9 Y
corner of North Palm Canyon Drive and Alvarado Road (Case 5.1340 PDD 370
CUP / 3.3742 MAJ, TTM 36725) (APN's 504-074-001, 002 & 008).
B. On August 11, 2014, the subject project was reviewed by the City's
Architectural Advisory Committee (AAC), which voted 5-0-1-1 (Song abstained,
Secoy-Jenson absent) to recommend approval of the project by the Planning
Commission subject to the condition that the applicant submit the final landscape
plan to a subcommittee of the AAC ro mbeer Pu thePlanning nell/FredricDir/Cassctor prior fto
review and recommendation of appal
issuance of building permits.
C. Notice of a public hearing 5.31anning Commission o the City 40 PDD 370, CUP / 3f 3742 MAJf l TTM
Palm
Springs, California to consider Case
36725 was given in accordance with applicable law and on October 8, 2014 a