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�4LIF00' City Council Staff Report
Date: February 7, 2018 CONSENT CALENDAR
Subject: APPROVAL OF TRACT MAP 36737 AND A SUBDIVISION
IMPROVEMENT AGREEMENT WITH VIA OLIVERA, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY
From: David H. Ready, City Manager
Initiated by: Engineering Services Department
SUMMARY:
Secutrac Engineering representing Via Olivera, LLC, a California Limited Liability
Company , (the "Developer"), has requested approval of a final map for Tentative Tract
Map 36737 to subdivide a vacant 23,039 square foot lot into 5 residential parcels.
Approval of a final map for Tentative Tract Map 36737 is a ministerial action, as
required by the Municipal Code and the Subdivision Map Act. All prior discretionary
actions have occurred allowing for the City's ministerial approval of the final map.
PRINCIPALS:
Via Olivera, LLC is a California Limited Liability Company whose Manager is listed as
Miryam Ketayi and agent is listed as Erik Ketayi. All owners whose interest is greater
than $2000 are listed.
RECOMMENDATION:
Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 36737 AND
AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH VIA OLIVERA,
A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 199
WEST VIA OLIVERA, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST."
BACKGROUND:
On November 12, 2014, the Planning Commission recommended approval of Tentative
Tract Map 36737 (TTM 36737) for the subdivision of a 23,039 square foot lot into 5
residential parcels, which was subsequently approved by the City Council, subject to
ITEM NO. I- - I ^
City Council Staff Report
February 7, 2018- Page 2
Approve TRACT MAP 36737—"VIA OLIVERK
conditions, on January 7, 2015. TTM 36737 is also referred to as the "Via Olivera"
project.
On January 7, 2015, the City Council conditionally approved TTM 36737, including the
Major Architectural Application (Case No. 3.3730), and the combined Preliminary/Final
Planned Development District (Case No. 5.5.1348 / PD-373). Definition
Pursuant to the conditions of approval for Case 5.1348, the Developer must secure
building permits no later than two years from the effect date of approval for the Major
Architectural Application and Planned Development District. The approval date of the
applications was January 7, 2015; building permit applications were submitted in May
2015 and approved by the Building & Safety Department in October 2015 and January
2017. As the City cannot issue the permits until the associated Final Map is approved
and recorded, this action allows the Developer to pursue construction in accordance
with the approved plans.
The developer has completed all required studies, improvement plans, Community
Facility District (CFD) requirements, bonding requirements and has been issued
applicable permits at this time.
The expiration date of TTM 36737 is January 7, 2017; however, Secutrac Engineering,
representing the Developer, timely filed a final map for TTM 36737 on September 17,
2015. Pursuant to state law (California Government Code Section 66452.6 [the
"Subdivision Map Act"]), once the filing of a final map has been made to the City
Engineer, all subsequent actions associated with the final map may occur after the
expiration of the associated Tentative Tract Map.
Pursuant to the prior discretionary entitlements approved by the Council on January 7,
2015, the Developer requests that the property located at 199 West Via Olivera, in
Section 3, Township 4 South, Range 4 East, be subdivided into 5 residential parcels. A
site map is provided below and a Vicinity Map is included as Attachment 1. A copy of
the final map for TTM 36737 is included as Attachment 2.
02
City Council Staff Report
February 7, 2018 - Page 3
Approve TRACT MAP 36737—"VIA OLIVERA"
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TM 36737 "Via Olivera" Site Map
Construction of required public improvements associated with Tract Map 36737 has not
been completed; the total cost of the public improvements to be completed is
$161,000.00. In accordance with Section 66462 of the California Government Code, the
Developer has requested that the City enter into a Subdivision Improvement Agreement
securing the cost of those improvements to be completed to the City's satisfaction. A
copy of the Subdivision Improvement Agreement with associated securities is included
in Attachment 3.
The City Engineer has determined that required conditions of approval associated with
TTM 36737 have been satisfied, that Tract Map 36737 is in substantial conformance
with the approved Tentative Tract Map, and that Tract Map 36737 is ready for City
Council approval.
ENVIRONMENTAL IMPACT:
Pursuant to the California Environmental Quality Act, the project was reviewed by staff
and determined to be exempt under Section 15332, infill Development.
FISCAL IMPACT:
Approval of Tract Map 36737 will subdivide the currently vacant parcel into 5 residential
parcels. Ultimately, upon completion of the 5 single family homes, the City will receive
03
City Council Staff Report
February 7, 2018- Page 4
Approve TRACT MAP 36737—"VIA OLIVERA"
yet to be determined additional property tax revenue. Additional, incremental costs for
public service will be incurred over time.
SUBMITTED
1
I
Thomas Garcia, P.E. Marcus L. Fuller, MPA, P.E., P.L.S
City Engineer Assistant City Manager
David H. Ready, Esq., Ph.D.
City Manager
Attachments:
1. Vicinity Map
2. Tract Map 36737
3. Subdivision Improvement Agreement
4. Resolution
ATTACHMENT 1
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ATTACHMENT 2
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1N THE CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE,
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.�(OF CALIFORNIA SHEET 1 of 2 SHEETS
A
TRACT MAP 1 YO. 36737 RECORDER'S STATEMENT
BEING A SUBDIVISION OF A PORTION OF THE NORTH HALF OF THE SOUTHEAST 114 �o s_—a Y P piYP ES i AFa s0 AT r a
OF SECTION 3,TOWNSHIP 4 SOUTH,RANGE 4 EAST,SAN BERNARDINO MERIDIAN ME On DIEM OF ME an OF PALM SPRINGS.
SECUTRAC ENGINEERING JANUARY 2014 NO.
FEE
OWNER'S STATEMENT SURVEYOR'S STATEMENT PETER AmANA,AssEraa_cauxn gERN-RECORDS
YE HERBY STAR THAT RE ME THE CARDS OF THE SEND IHaLOEO WHIN THE SUBUMPON MIS NO WAS PREPARED BY YE OR UNDER MY DUST 3RCHM9U1 µD IS BASED
SHO'AN HEREON;MAT RE APE ME ONLY PERSONS WHOSE CONSENT 15 IECESSAFY TO PASS A UPUI A FIELD WAY IN CONFORMANCE ALL,THE NEQUREMENM OF THE 9IBOx9CN BT. ____,-_ DEPUTY
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STATE MAT MS NO SIBSTAHI CONFORMS TO THE APPROVED OR Can MOIALLr
AsrROMD 1ENI YAP IF ANY. I HER:81 CERTIFY PAT ALCSTCNc M THERECCRD5 OF MIs PEKE.AS 6 US DAZE,
MORE ARC NO TENS AGANST THE PURI'1OWN ON THE WTHN YIP FM MPMD
DAM, •%�3�20/�� STAR,CWXTY.AALI OR LOCAL TAXES OR SPI ASSS S ENR COLLECTED AS
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CITY SURVEYOR'S STATEMENT oEutt
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RECORDING NO BOOK M.PACE 250 OFFICIAL RECORDS
AFFECTS:SAID LAND (NOT A PLOITALLE ITEM)
IN THE CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA SHEET 2 OF 2 SHEETS
TRACT MAP NO. 36737
BEING A SUBDIVISION OF A PORTION OFTHE NORTH HALF OF THE SOUTHEAST 1/4
OF SECTION 3,TOWNSHIP 4 SOUTH,RANGE 4 EAST,SAN BERNARDINO MERIDIAN
SECUTRAC ENGINEERING JANUARY 2014
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LETTERED LOT = I
HAS$OF HEARINGS [] MICAhS RECORD DATA PER P4 IIHI,PM 100/J1-35
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WXXIS m OIYFRMSE NORll.
(W/05/2015)TN-14o-3573741NAL-MAP-RIR%G
ATTACHMENT 3
10
RECORDING REQUESTED BY:
CITY OF PALM SPRINGS
AND WHEN RECORDED MAIL TO:
City of Palm Springs
P. O. Box 2743
Palm Springs, CA 92263
Attn: Office of the City Clerk
SPACE ABOVE FOR RECORDER ONLY
Filing fee EXEMPT per Government Code 6103
SUBDIVISION IMPROVEMENT AGREEMENT
Via Olivera, LLC, a California Limited Liability
Company
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)
11
TABLE OF CONTENTS
1. Construction Obligations......................................................................................1
1.1 Works of Improvement............................................................................... 1
1.2 Other Obligations Referenced in Conditions of
Tentative Map 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
1
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.......................................................................... 11
10.2 No Third Party Beneficiaries .................................................................... 11
10.3 Entire Agreement; Waivers and Amendments......................................... 11
11. Corporate Authority ............................................................................................ 11
2
13
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this day of , 2016, by and between the
CITY OF PALM SPRINGS, a California charter city ("CITY"), and Via Olivera, LLC, a
California Limited Liability Company (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 36737 located in the City of Palm Springs, County of Riverside,
State of California (the "Property"), as described on Exhibit "A". The map contains
conditions of approval for the development of the Property (the "Conditions") as
described on Exhibit "B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication
to the City of Palm Springs Lot"A" for Public Road 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
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 $ 161,000.00.
1
14
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
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
2
. 5
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
work may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
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1.12 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
Improvement to be completed in accordance with all other applicable federal, state, and
local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor
has completed all of the Works of Improvement, Subdivider shall then request a final
inspection of the work. If items are found by the inspector to be incomplete or not in
compliance with this Agreement or any of the requirements contained or referenced
herein, City will inform the contractor of such items. After the contractor has completed
these items, the procedure shall then be the same as specified above for the
contractor's initial request for final inspection. If items are found by City's inspector to be
incomplete or not in compliance after two (2) "final" inspections, City may require the
contractor, as a condition to performing further field inspections, to submit in writing a
detailed statement of the work performed subsequent to the date of the previous
inspection which was found to be incomplete or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Subdivider shall (i) commence with construction and installation of the Works of
Improvement thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two
2 ears after the Commencement Date. Extensions of time for completion of the
Works of Improvement may be granted upon approval by the City Engineer or his
designee. Extension of time may be granted upon mutual agreement of the City
Engineer and Subdivider, either verbally or in writing, as required by the City Engineer
or his designee.
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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
$161,000.00 equal to 100% of the estimated construction cost referenced in Section
1.1.
(ii) A Security Instrument guaranteeing the payment to contractors,
subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor
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and Materials Security Instrument") with respect to the Works of Improvement in an
amount equal to $80,500.00 equal to 50% of the estimated construction cost referenced
in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting
monuments as required in Section 1.4 in the amount of $2000.00 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 $24,100.00 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
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representative of the party to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
11. Corporate Authoritv.The persons executing this Agreement on behalf of
the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into of this Agreement does not violate any provisions
of any other Agreement to which said party is bound.
(Signatures on Next Page)
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ryrJ HI
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
By
James Thompson, City Clerk David H. Ready, City Manager
STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED BY:
Marcus L. Fuller, MPA, P.E., P.L.S.
Assistant City Manager/City Engineer
SUBDIVIDER:
Via Olivera, LLC, 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.
By: By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
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c�. 6
Mailing Address:
U --
(� - (fax)
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ALL-PURPOSE ACKNOWLEDGMENT
State of CAPACITY CLAIMED BY
County of SIGNER
On before me,
Date Name, Title of Officer ❑ INDIVIDUAL(S)
personally appeared ❑CORPORATE
NAME(S) OF SIGNER(S) OFFICER(S)
❑ personally known to me - OR — TITLE(S)
❑ proved to me on the basis of satisfactory evidence to be the ❑PARTNER(S)
persons(s) whose name(s) is/are subscribed to the within ❑ATTORNEY-IN-FACT
instrument and acknowledged to me that he/she/they executed ❑TRUSTEE(S)
the same in his/her/their authorized capacity(ies), and that by ❑SUBSCRIBING WITNESS
his/her/their signature(s) on the instrument the person(s) or the ❑GUARDIAN/CONSERVATOR
entity upon behalf of which the persons(s) acted, executed the ❑OTHER
instrument.
Witness my hand and official seal.
SIGNER IS REPRESENTING:
Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE OF DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
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EXHIBIT "A'
PARCEL MAP 36737 LEGAL DESCRIPTION
Parcel Map No. 36737, as recorded in Map Book , Pages through inclusive,
records of Riverside County, California.
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EXHIBIT "B"
TENTATIVE PARCEL MAP 36737 CONDITIONS OF APPROVAL
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RESOLUTION NO.
EXHIBIT A
Cases 5.1348 PD 373; 3.3730 MAJ; TTM 36737
199 West Via Olivera
January 7, 2015
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Director of
Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on
which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case
5.1348 PD 373; 3.3730 MAJ; TTM 36737: 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 15, 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 Tract Map. This approval is for Tentative Tract Map 36737 located
at 199 West Via Olivera, date stamped October 9, 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.
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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 5.1448 PD 373. 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.
Extensions of time may be approved pursuant to Code Section 9.63.110.
Such extension shall be required in writing and received prior to the expiration
of the original approval
ADM 9. 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 regarding public art. The project shall either provide
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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 114% for residential projects with first $100,000 of total
building permit valuation for individual single-family units exempt. Should the
public art be located on the project site, said location shall be reviewed and
approved by the Director of Planning and Zoning and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in
lieu of a dedication, at the option of the City. The in-lieu fee shall be
computed pursuant to Ordinance No. 1632, Section IV, by multiplying the
area of park to be dedicated by the fair market value of the land being
developed plus the cost to acquire and improve the property plus the fair
share contribution, less any credit given by the City, as may be reasonably
determined by the City based upon the formula contained in Ordinance No.
1632. In accordance with the Ordinance, the following areas or features shall
not be eligible for private park credit: golf courses, yards, court areas,
setbacks, development edges, slopes in hillside areas (unless the area
includes a public trail) landscaped development entries, meandering
streams, land held as open space for wildlife habitat, flood retention facilities
and circulation improvements such as bicycle, hiking and equestrian trails
(unless such systems are directly linked to the City's community-wide system
and shown on the City's master plan).
ADM 12. Community Facilities District: 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 waive
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.
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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. Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of$50 shall be submitted
by the applicant in the form of a money order or a cashier's check payable to
the Riverside County Clerk within two business days of the Commission's
final action on the project. This fee shall be submitted by the City to the
County Clerk with the Notice of Exemption. Action on this application shall
not be considered final until such fee is paid (projects that are Categorically
Exempt from CEQA).
ENV 3, California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
Planning Commission or City Council determination). This fee shall be
submitted by the City to the County Clerk with the Notice of Determination.
Action on this application shall not be final until such fee is paid. The project
may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfq.ca.gov for more information.
ENV 4. 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
approved project description.
ENV 5. 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 6. Cultural Resource Site Monitoring. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
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be present during all ground-disturbing activities. (check for duplication in
engineering conditions)
ENV 7. a). 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.
b). Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning Department prior to final inspection.
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) of the Palm Springs
Municipal Code and all other water efficient landscape ordinances. The
applicant shall submit a landscape and irrigation plan to the Director of
Planning for review and approval prior to the issuance of a building permit.
Landscape plans shall be wet stamped and approved by the Riverside
County Agricultural Commissioner's Office prior to submittal. Prior to
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 State's
Water Efficient Landscape Ordinances.
PLN 3. Submittal of Final PDD. The Final Planned Development plans shall be
submitted in accordance with Section 94.03.00 (Planned Development
District) of the Zoning Ordinance. Final development plans shall include site
plans, building elevations, floor plans, roof plans, grading plans, landscape
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plans, irrigation plans, exterior lighting plans, sign program, mitigation
monitoring program, site cross sections, property development standards and
other such documents as required by the Planning Commission and Planning
Department. Final Planned Development District applications must be
submitted within two (2) years of the City Council approval of the preliminary
planned development district.
PLN 4. Conditions imposed by Planning Commission. The applicant shall
incorporate the following conditions:
• Sustainability feature of the project to include the placement of solar
panels on all building roofs with the ability to generate % to '/z of the
expected energy used by each unit.
• The use of water efficient landscaping to reduce water use and provide
shading.
PLN 5. 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:
• Combine side yards and site houses on property line
• Revise landscape plan
• Omit Gazebo
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. Screen Roof-mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 8. 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 9. 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 10. 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.
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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 11. 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 12. Smart Controller for landscape irrigation. The applicant is to use "smart
controllers" available from the Desert Water Agency for water efficiency in the
irrigation system.
PLN 13. Notice to future buyers on views. Applicant shall notify all prospective buyers
of lots within the proposed subdivision that development will occur on
adjacent and abutting properties and there are no written or implied rights to
the preservation of scenic views from any of the lots.
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
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
ENG 2. 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.
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VIA OLIVERA
ENG 3. Unless otherwise previously dedicated, dedicate 30 feet to provide the ultimate
half street right-of-way width of 30 feet along the entire frontage, together with a
property line - corner cut-back at the southwest corner of Zanjero Road, in
accordance with City of Palm Springs Standard Drawing No. 105.
ENG 4. Construct a 6 inch curb and gutter, 18 feet south of centerline along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 200.
ENG 5. Construct a driveway approach for each proposed lot on Via Olivera in
accordance with City of Palm Springs Standard Drawing No. 201.
ENG 6. Construct a 5 feet wide sidewalk behind the proposed 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 southwest corner of the intersection of via Olivera and Zanjero
Road in accordance with City of Palm Springs Standard Drawing No. 212.
ENG 8. Construct pavement with a minimum pavement section of 2-1/2 inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to clean sawcut edge of pavement at centerline of Via Olivera
frontage in accordance with City of Palm Springs Standard Drawing No. 110 and
300. If an alternative pavement section is proposed, the proposed pavement
section shall be designed by a California registered Geotechnical Engineer using
"R" values from the project site and submitted to the City Engineer for approval.
ENG 9. All broken or off grade street improvements along the project frontage shall be
repaired or replaced.
ZANJERO ROAD
ENG 10. Construct a 6 inch curb and gutter, 18 feet west of centerline along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 200.
ENG 11. Construct a 5 feet wide sidewalk behind the proposed curb along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 210.
ENG 12. Construct pavement with a minimum pavement section of 2-1/2 inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to centerline along the entire Zanjero Road frontage in
accordance with City of Palm Springs Standard Drawing No. 110 and 300. If an
alternative pavement section is proposed, the proposed pavement section shall
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be designed by a California registered Geotechnical Engineer using "R" values
from the project site and submitted to the City Engineer for approval.
ENG 13. All broken or off grade street improvements along the project frontage shall be
repaired or replaced.
SANITARY SEWER
ENG 14. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
GRADING
ENG 15. 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 Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review and
approval. The applicant and/or its grading contractor shall be required to
comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and
shall be required to utilize one or more "Coachella Valley Best Available
Control Measures" as identified in the Coachella Valley Fugitive Dust Control
Handbook for each fugitive dust source such that the applicable performance
standards are met. The applicant's or its contractor's Fugitive Dust Control
Plan shall be prepared by staff that has completed the South Coast Air
Quality Management District (AQMD) Coachella Valley Fugitive Dust Control
Class. The applicant and/or its grading contractor shall provide the
Engineering Division with current and valid Certificate(s) of Completion from
AQMD for staff that has completed the required training. For information on
attending a Fugitive Dust Control Class and information on the Coachella
Valley Fugitive Dust Control Handbook and related "PM10" Dust Control
issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov.
A Fugitive Dust Control Plan, in conformance with the Coachella Valley
Fugitive Dust Control Handbook, shall be submitted to and approved by the
Engineering Division prior to approval of the Grading plan.
b. The first submittal of the Grading Plan shall include the following information:
a copy of final approved conformed copy of Conditions of Approval; a copy of
a final approved conformed copy of the Site Plan; a copy of current Title
Report; a copy of Soils Report; and a copy of the associated Hydrology
Study/Report.
ENG 16. 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
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Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer
or the Tribal Archaeologist at (760) 699-6800, to determine their requirements, if
any, associated with grading or other construction. The applicant is advised to
contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as
possible. If required, it is the responsibility of the applicant to coordinate
scheduling of Tribal monitors during grading or other construction, and to arrange
payment of any required fees associated with Tribal monitoring.
ENG 17. 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 18. 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 19. Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed areas on-
site shall be permanently stabilized, in accordance with Palm Springs Municipal
Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter
fencing shall be removed, as required by the City Engineer.
ENG 20. 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 21. 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 22. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
ENG 23. 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
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($2,000.00) per disturbed acre at the time of issuance of grading permit for
mitigation measures for erosion/blowsand relating to this property and
development.
ENG 24. 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 25. The applicant shall provide all necessary geotechnical/soils inspections and
testing in accordance with the Geotechnical/Soils Report prepared for the
project. All backfill, compaction, and other earthwork shown on the approved
grading plan shall be certified by a California registered geotechnical or civil
engineer, certifying that all grading was performed in accordance with the
Geotechnical/Soils Report prepared for the project. Documentation of all
compaction and other soils testing are to be provided even though there may not
be a grading plan for the project. No certificate of occupancy will be issued until
the required certification is provided to the City Engineer.
ENG 26. The applicant shall provide pad elevation certifications for all building pads in
conformance with the approved grading plan (if required), to the Engineering
Division prior to construction of any building foundation.
ENG 27. 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).
DRAINAGE
ENG 28. All stormwater runoff across the property shall be accepted and conveyed in a
manner acceptable to the City Engineer and released to an approved drainage
system. Stormwater runoff may not be released directly to the adjacent streets
without first intercepting and treating with approved Best Management Practices
(BMP's).
ENG 29. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $6,511.00 per acre in accordance
with Resolution No. 15189. Fees shall be paid prior to issuance of a building
permit.
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GENERAL
ENG 30. 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 31. All proposed utility lines shall be installed underground.
ENG 32. 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 33. 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
DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange
file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and
format of the digital data to be submitted to the City may be authorized, upon
prior approval by the City Engineer.
ENG 34. 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.
ENG 35. 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.
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ENG 36. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed in
accordance with City of Palm Springs Standard Drawing No. 904.
MAP
ENG 37. A Tract 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 Tract Map
to the Engineering Division as part of the review of the Map. The Tract Map shall
be approved by the City Council prior to issuance of building permits.
ENG 38. The developer shall apply for an annexation to the City of Palm Springs
Community Facilities District established for public safety services and submit
required applications, waivers, and consent forms to the annexation prior to
approval of a final map. Payment of an annexation fee of $2,500 shall be made
at the time of the application.
ENG 39. Upon approval of a tract map, the tract map shall be provided to the City in G.I.S.
digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from
the Riverside County Transportation and Land Management Agency." G.I.S.
digital information shall consist of the following data: California Coordinate
System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file);
lot lines, rights-of-way, and centerlines shown as continuous lines; full map
annotation consistent with annotation shown on the map; map number; and map
file name. G.I.S. data format shall be provided on a CDROM/DVD containing the
following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or
Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation
drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe
Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital
data to be submitted to the City may be authorized, upon prior approval of the
City Engineer.
TRAFFIC
ENG 40. A minimum of 48 inches of clearance for accessibility shall be provided on public
sidewalks ar pedestrianaaths of travel within the development. Minimum
clearance on public sidewalks (or pedestrian paths of travel) shall be provided by
either an additional dedication of a sidewalk easement (if necessary and
widening of the sidewalk, or bv the relocation of any obstructions within the public
sidewalk along the Via Olivera and Zanjero Road frontage of TTM 36737.
ENG 41. All damaged, destroyed, or modified pavement legends, traffic control devices,
signing, striping, and street lights, associated with the proposed development
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shall be replaced as required by the City Engineer prior to issuance of a
Certificate of Occupancy.
ENG 42. Construction signing, lighting and barricading shall be provided during all phases
of construction as required by City Standards or as directed by the City Engineer.
As a minimum, all construction signing, lighting and barricading shall be in
accordance with Part 6 "Temporary Traffic Control' of the California Manual on
Uniform Traffic Control Devices for Streets and Highways, dated January 13,
2012, or subsequent editions in force at the time of construction.
ENG 43. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
FID 1 No fire conditions at this time.
END OF CONDITIONS
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ATTACHMENT 4
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP
36737 AND AN ASSOCIATED SUBDIVISION
IMPROVEMENT AGREEMENT WITH VIA OLIVERA, LLC,
A CLAIFORNIA LIMITED LIABILITY COMPANY, FOR
PROPERTY LOCATED AT 199 WEST VIA OLIVERA, IN
SECTION 3, TOWNSHIP 3 SOUTH, RANGE 4 EAST.
WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of
November 12, 2014, recommended approval of Tentative Tract Map 36737 ("TTM
36737"), subject to conditions; and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"), at its
meeting of January 7, 2015 approved TTM 36737, subject to conditions, for the
subdivision of 5.2 acres into 46 condominium residential units; and
WHEREAS, the expiration date of TTM 36737 was January 7, 2017; and
WHEREAS, on September 15, 2015, Via Olivera, LLC, a California Limited Liability
Company (hereinafter the "Subdivider"), timely filed a final map for TTM 36737 with the
City Engineer in accordance with Section 66456 of the California Government Code;
and
WHEREAS, pursuant to state law (California Government Code Section 66452.6 [the
"Map Act']), once the timely filing of a final map has been made to the City Engineer, all
subsequent actions of the local agency, including, but not limited to, processing,
approving, and recording, may lawfully occur after the date of expiration of the Tentative
Tract Map; and
WHEREAS, the Subdivider has offered for dedication to the City of Palm Springs on the
final map for TTM 36737 the following: Lot "A" to the City of Palm Springs for Road
Purposes; and
WHEREAS, required public improvements have not been completed by the Subdivider
as of the filing of the final map for TTM 36737, and the Subdivider has requested that
the City enter into a Subdivision Improvement Agreement with the Subdivider to secure
the cost of public improvements in accordance with Section 66462 of the California
Government Code.
46
Resolution No.
Page 2
NOW, CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The above recitals are all true and correct.
Section 2. Tract Map 36737 is in substantial conformance with the approved
Tentative Tract Map 36737.
Section 3. Tract Map 36737 is in conformance with the General Plan.
Section 4. Tract Map 36737 conforms to all requirements of the Subdivision Map Act
of the State of California.
Section 5. In accordance with Section 66477.1 of the California Government Code,
the offers of dedication to the public on Tract Map 36737 shall be
accepted by the City Clerk, subject to improvement, who shall certify
acceptance by signature on the map thereof.
Section 6. The City Council hereby approves a Subdivision Improvement Agreement
for Tract Map 36737 with the Subdivider, and accepts subdivision
improvement securities in conformance with the requirements therein for
public improvements.
Section 7. The City Manager is hereby authorized to execute the Subdivision
Improvement Agreement with the Subdivider.
Section 8. The City Clerk shall cause to have recorded the Subdivision Improvement
Agreement with the Riverside County Recorder.
Section 9. Tract Map 36737 is hereby approved for purposes therein defined.
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Resolution No.
Page 3
ADOPTED THIS 7th day of February, 2018.
David H. Ready, City Manager
ATTEST:
Anthony J. Mejia, MMC
City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Anthony J. Mejia, MMC, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on February 7, 2018, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Anthony J. Mejia, MMC, City Clerk
City of Palm Springs, California
1
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