HomeMy WebLinkAboutA6743 - PALM RIDGE HOUSING LLC - SIA TM 36738 2015-0504416
11/17/2015 12:18 Pfl Fee: $ 0.00
RECORDING REQUESTED BY: Page 1 of 40
CITY OF PALM SPRINGS Recorded in Official Records
County of Riverside
Peter Aldana
Assessor-County Clerk-Recorder
AND WHEN RECORDED MAIL TO: ��.'r�Ih�E{�h(>if II
City of Palm Springs
P. O. Box 2743 1 1 1 R I A Exam:
Palm Springs, CA 92263 Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert CC
Attn: Office of the City Clerk
SIZE NCOR SMF C T:
Fling fee EXEMPT per Government Code 6103
A6743
Tract Map 36738
SUBDIVISION IMPROVEMENT AGREEMENT
PALM RIDGE HOUSING LLC
and
The City of Palm Springs, California
THIS AREA FOR
RECORDER ' S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
TABLE OF CONTENTS
1. Construction Obligations....................................... ..............................................2
1.1 Works of Improvement.............. .............. ................................................. 2
1.2 Other Obligations Referenced in Conditions of
Tentative Map Approval... ......................................................................... 2
1.3 Intent of Plans................................... ........................................................ 2
1.4 Survey Monuments................................. .......................................... ....... 3
1.5 Performance of Work.................................................................................3
1.6 Changes in the Work ................................................................................. 3
1.7 Defective Work ................. ....................................... ................. 3
1.8 No Warranty by City................................................................................... 3
1.9 Authority of the City Engineer................................. .................... ............. 3
1.10 Documents Available at the Site....... ............... ........................................ 3
1.11 Inspection .................................... ............................................................. 4
1.12 Compliance with Law..............................................................-................ 4
1.13 Suspension of Work............................................. ..................................... 4
1.14 Final Acceptance of Works of Improvement ..............................................4
2. Time for Performance..... ...... ........................................ 5
2.1 Commencement and Completion Dates.................................................... 5
2.2 Phasing Requirements............................................................................... 5
2.3 Force Majeure............................................................................................ 5
2.4 Continuous Work ..................................... 6
2.5 Reversion to Acreage ..................................... .............. ........................... 6
2.6 Time of the Essence 6
3. Labor.......... 6
3.1 Labor Standards ......... ...... 6
3.2 Nondiscrimination .................. 6
3.3 Licensed Contractors......................................... 6
3.4 Workers' Compensation........................ ................................... 6
4. Security ............................................................................................ 7
4.1 Required Security ..................... ............................... ................................ 7
4.2 Form of Security Instruments..................................................................... 7
4.3 Subdivider's Liability .................................................................................. 8
4.4 Letters of Credit............. 9
4.5 Release of Security Instruments......... ...................................................... 9
I
5. Cost of Construction and Provision of Inspection
Service ........................................................ ...................................................... 10
5.1 Subdivider Responsible for All Related Costs of
Construction.... ...... ........................................................................... 10
5.2 Payment to City for Cost of Related Inspection
and Engineering Services............ ........................................................... 10
6. Acceptance of Offers of Dedication ..... ....................................... ...................... 10
7. Warranty of Work....................... ........................................................................ 10
8. Default................................................................................... 11
8.1 Remedies Not Exclusive......................—................................................. 11
8.2 City Right to Perform Work.......... ........................................................... 11
8.3 Attorney's Fees and Costs................................................ ...................... 11
9. Indemnity............................................................................................................ 11
10 General Provisions ............................... ............................................................. 12
10.1 Successors and Assigns............... ......................................... ......... 12
10.2 No Third Party Beneficiaries.............................................................. ..... 12
10.3 Entire Agreement; Waivers and Amendments......................................... 12
11. Corporate Authority ....................... .................................................................... 12
2
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this k0 Im day of "pgtM\0eY , 2015, by and between the
CITY OF PALM SPRINGS, a California charter city ("CITY"), and Palm Ridge Housing
LLC, a Delaware Limited Liability Company (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 36738 located in the City of Palm Springs, County of Riverside,
State of California (the "Property"), as described on Exhibit "A". The map contains
conditions of approval for the development of the Property (the "Conditions") as
described on Exhibit "B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication
to the City of Palm Springs Lots "F" through "J" for street and public utility 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 $3,019,404.25
1
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
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.
3
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 speck 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.
4
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.
5
2.6 Time of the Essence. Time is of the essence of Subdivider's performance
of all of its obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of California Department of Labor.
3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor
performing any of the Works of Improvement shall discriminate against any employee or
prospective employee with respect to such work in hiring, promotion, seniority, or any
other terms and conditions of employment on the grounds of race, creed, color, national
origin, ancestry, religion, sex, or marital status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California and
shall cause each such contractor and subcontractor to submit to City a Certificate of
Insurance verifying such coverage prior to such contractor or subcontractor entering
onto the job site.
4. Securi
4.1 Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to
City the following bonds, letters of credit, instruments of credit (assignment of deposit
account) or other security acceptable to City in its sole and absolute discretion and
satisfying the requirements of the applicable provisions of this Section 4 below
(hereinafter "Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument'), in the amount of
$3,000. 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
6
and Materials Security Instrument") with respect to the Works of Improvement in an
amount equal to $1,500,000.00 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 $18,000.00 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 $450,000.00 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
7
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 Subdividers 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
8
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
9
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.
10
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 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)
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 A CA-IM UTA CNRR162 Cl-tr
// son, Cit H.James Thompy Clerk David Ready, anager
v APPROVED BY CITY COUNCI
STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT 1h aN
RECOMMENDED BY: �/
/1& iL APP O AS TO F0"
Marcus Fuller, City Engineer/Assistant City Manager ATTORNEY
SUBDIVIDER:
Palm Ridge Housing LLC, a Delaware 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:
Signature rued) Signature (notarized)
Name:-:f�T�VI'-4/ Z.4434L,4 Name:
Title:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
13
ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
State of California )
County of Riverside ) ss.
City of Palm Springs )
On November 10, 2015, before me, JAMES THOMPSON, 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
10ch day of November, 2015.
P A`M SA4
iy
V N
a
c
�A09P1E0
Signature: cy41 fort �P
A*MES THOMPSON, CITY CLERK
City of Palm Springs, California
Title or Type of Document
Subdivision Improvement Agreement— A6743
PALM RIDGE HOUSING LLC
Mailing Address:
U =-
(� _ (fax)
14
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
(CALIFORNIA CIVIL CODE § 1189)
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
On0q 'O V_ C S before me, / , La l' ll -
(Date) (Here Insert Name and Title of the Officer)
personally appeared Y-" Z(���CA uck
who proved to me on the basis of satisfactory evidence to be the person(s) whose name ) is/a e
subscribed to the within instrument and acknowledged to me th t he/oe/tF y executed the same
in his/+/their authorized capacity(iej), and that by his/hkr/their signature( on the instrument
the person(, or the entity upon behalf of which the person() 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.
D. LAITINEN
WITN\E\S\S\my hand
�and
\official seal. _ : Commission # 196a5to
z (•,� Notary Public-California Z
'`y , • Riverside County >
My Camm. Expires Jul B, 2016
Signature of Notary Public (Notary Seal) -'
ADDITIONAL OPTIONAL INFORMATION
Description of Attached Document - r
e of DocumentS�� a\S \ � ✓`�J D-1-
Title or T yp S_—e ti� Document Date:
Number of Pages: 1-7 Signer(s) Other Than Named Above:
Additional Information:
revision date 01/01/2015
EXHIBIT "A"
TRACT MAP 36738 LEGAL DESCRIPTION
Tract Map No. 36738, as recorded in Map Book, Pages 2CI through 3L inclusive, records
of Riverside County, California.
16
EXHIBIT 'B"
TENTATIVE TRACT MAP 36738 CONDITIONS OF APPROVAL
17
Resolution No. 23705
Page 5
EXHIBIT A
TENTATIVE TRACT MAP 36738 FOR A 40-LOT SINGLE-FAMILY
RESIDENTIAL SUBDIVISION LOCATED SOUTH OF RAMON ROAD
AND EAST OF BELARDO ROAD.
November 19, 2014
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Director of
Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on
which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case TTM
36738; except as modified with the approved Mitigation Monitoring Program
and the conditions below;
ADM 2. 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 3. Tentative Map. This approval is for Tentative Tract Map 36738 located at
Ramon Road date stamped 9.22.14. 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.
ADM 4. 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 TTM 36738. 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.
Resolution No.23705
Page 6
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 5. 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 6. Time Limit on Approval. Approval of the Tentative Tract Map (TTM36738)
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 7. 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 8. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of
the Municipal Code regarding public art. The project shall either provide
public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee
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 9. 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
i f
Resolution No.23705
Page 7
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 10. CC&R's The applicant prior to issuance of building permits shall submit a
draft declaration of covenants, conditions and restrictions ("CC&R's") to the
Director of Planning for approval in a format to be approved by the City
Attorney. These CC&R's may be enforceable by the City, shall not be
amended without City approval, and shall require maintenance of all property
in a good condition and in accordance with all ordinances.
ADM 11. 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 12. 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 13. 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 activities which may
occur in the Central Business District, Desert Museum and Desert Fashion
Resolution No.23705
Page 8
Plaza. Said disclosure shall inform perspective buyers about traffic, noise and
other activities which may occur in this area.
ADM 14. CFD. The Project will bring a significant number of additional residents to the
community. The City's existing public safety and recreation services, including
police protection, criminal justice, fire protection and suppression, ambulance,
paramedic, and other safety services and recreation, library, cultural services
are near capacity. Accordingly, the City may determine to form a Community
Facilities District(CFD) under the authority of Government Code Section 53311
et seq, or other appropriate statutory or municipal authority. Developer agrees
to support the formation of such assessment district and shall waive any right
to protest, provided that the amount of such assessment shall be established
through appropriate study and shall not exceed $500 annually per dwelling unit
or dwelling unit equivalency unit, subject to an annual consumer price index
escalator. The district shall be formed prior to sale of any lots or a covenant
agreement shall be recorded against each parcel, permitting incorporation of
the parcel in the district.
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 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.
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
approved project description.
ENV 4, 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.
Resolution No.23705
Page 9
ENV 5. 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. Sian Applications Required. No signs are approved by this action. Separate
approval and pen-nits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00.
PLN 4. 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:
• •
Resolution No.23705
Page 10
a. The document to convey title.
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 5. Submittal of Final Plans. The Final Plans including landscape plans of all
common areas, wall design and floor plans of individual units shall be
submitted and returned to the City Council for final approval. (Added by the
City Council on November 19, 2014)
FIRE DEPARTMENT CONDITIONS
These Fire Department conditions may not provide all requirements. Detailed plans are
still required for review.
FID 1 These conditions are subject to final plan check and review. Initial fire
department conditions have been determined on the site plan dated
May 7, 2014. Additional requirements may be required.
FID 2 Fire Department Conditions are based on the 2013 California Fire Code.
Three complete sets of plans for private fire service mains, fire alarm, or
fire sprinkler systems must be submitted at time of the building plan
submittal.
FID 3 Fire department access roads/driveways shall be provided so that no
portion of the exterior wall of the first floor of any building will be more than
150 feet from such roads.
FID 4 Security Gates (CFC 503.6): A Knox key operated switch shall be
installed at every automatic gate. Secured automated vehicle gates or
entries shall utilize a combination of a Tomar StrobeswitchTM, or approved
equal, and an approved Knox key electric switch when required by the fire
code official. The installation of security gates across a fire apparatus
access road shall be approved by the Fire Chief. Where security gates are
installed, they shall have an approved means of emergency operation.
The security gates and the emergency operation shall be maintained
operational at all times. Electric gate operators, where provided, shall be
listed in accordance with UL 325. Gates intended for automatic operation
shall be designed, constructed and installed to comply with the
requirements of ASTM F 2200 and an approved Knox key electric switch.
Approved security gates shall be a minimum of 14 feet in unobstructed
drive width on each side with gates in the open position.
Resolution No. 23705
Page 11
FID 5 Private streets shall have a minimum width of at least 20 feet, pursuant to
California Fire Code 503.2.1 however, a greater width for private streets
may be required by the City engineer to address traffic engineering,
parking, and other issues. The Palm Springs Fire Department
requirements for two-way private streets, is a minimum width of 24 feet,
unless otherwise allowed by the City Engineer. No parking shall be
allowed in either side of the roadway. The following text, developed in
concert with Engineering, Planning, and Fire is proposed as alternative
text for the Circulation Element, page 4-5:
• Local. Primarily provides access to individual parcels of land. Minimum right-
of-way is 50 feet. In Estate, Very Low and Low Density Residential
neighborhoods, street widths may be reduced to 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 Director of Planning, 2) rolled or wedge
curb is provided such that vehicles may park partially out of the traveled way,
and 3) pedestrian pathways or sidewalks, separated from the curb by a
minimum five foot parkway, are provided.
• Private Streets. Private streets provide access to individual parcels of land in
planned development communities approved with privately maintained access.
Access may be restricted. Private street widths shall be established based on
a hierarchy of primary and secondary streets and parking conditions such that
uninterrupted traffic flow, pedestrian safety, and emergency access is
assured.
• Private Primary Streets are typically the main access street in a private
development or main 'ring road'. Private Primary Streets may provide access
to individual parcels in a planned development as well as receive traffic from
Secondary Private Streets or other parcels that do not front the street. Private
Primary Streets shall be either a minimum of 32 feet wide (curb face to curb
face) to accommodate on-street parking on one side and emergency access,
or 36 feet wide(curb face to curb face) with on-street parking on two sides.
• Private Secondary Streets provide access to individual parcels in a planned
development and do not receive traffic from other streets or other parcels that
do not front that street. Private Secondary Streets may range in width from 28
to 32 feet (curb face to curb face) provided that 1) additional off-street (guest)
parking is provided in the area of the Secondary Street as determined by the
Planning Commission, 2) rolled or wedge curb is provided such that vehicles
may park partially out of the traveled way, and 3) pedestrian pathways or
sidewalks, separated from the curb by a minimum five foot parkway, are
provided. If all three of these conditions are NOT provided, private secondary
streets shall be a standard minimum 32 feet with parking on one side only.
Resolution No.23705
Page 12
• Designated fire lanes in private developments shall be not less than 24 feet
wide (curb face to curb face)with no parking on either side.
• Reduced Roadway Width: Areas with reduced roadway width (such as entry
and exit gates, entry and exit approach roads, traffic calming areas) that are
under 36 feet wide require red painted curb to maintain minimum 24 foot clear
width. Red curb shall be stenciled "NO PARKING" and "FIRE LANE" with white
paint.
Dead-end fire apparatus access roads in excess of 150 feet in length shall be
provided with approved provisions for the turning around of fire apparatus. The
City of Palm Springs has two approved turn around provisions. One is a cul-de-
sac with an outside turning radius of 45 feet from centerline. The other is a
hammerhead turnaround meeting the Palm Springs Public Works and
Engineering Department standard dated 9-4-02.
FID 6 Surface (CFC 503.2.3): Fire apparatus access roads shall be designed
and maintained to support the imposed loads of fire apparatus (73,000 lbs.
GVW) and shall be surfaced so as to provide all-weather driving
capabilities.
FID 7 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)
FID 8 Operational Fire Hydrant(s) (CFC 508.1, 508.5.1 & 1412.1):
Operational fire hydrant(s) shall be installed within 250 feet of all
combustible construction. They shall be installed and made serviceable
prior to and during construction. No landscape planting, walls, or fencing is
permitted within 3 feet of fire hydrants, except ground cover plantings.
FID 9 NFPA 13D Fire Sprinklers Required: An automatic fire sprinkler system
is required. Only a C-16 licensed fire sprinkler contractor shall perform
system design and installation. System to be designed and installed in
accordance with NFPA standard 13D, 2010 Edition, as modified by local
ordinance.
FID 10 Fire Severity Zone (CBC 701A): Subject property is located in a "very
high fire" severity zone and subject to applicable building code
requirements in Chapter 7A.
Resolution No.23705
Page 13
ENGINEERING DEPARTMENT
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plans shall be approved by the City
Engineer prior to issuance of any building permits.
3. The applicant shall be required to construct asphalt concrete paving for streets in
two separate lifts. The final lift of asphalt concrete pavement shall be postponed
until such time that on-site construction activities are complete, as may be
determined by the City Engineer. Paving of streets in one lift prior to completion
of on-site construction will not be allowed, unless prior authorization has been
obtained from the City Engineer. Completion of asphalt concrete paving for
streets prior to completion of on-site construction activities, if authorized by the
City Engineer, will require additional paving requirements prior to acceptance of
the street improvements, including, but not limited to: removal and replacement
of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as
required by the City Engineer.
RAMON ROAD
4. Dedicate abutters rights of access to Ramon Road along the entire frontage
adjacent to Lots 1, 10, 11, 20, 21, 30, 31 and 40; vehicular access to Ramon
Road shall be prohibited.
5. Remove the existing asphalt concrete berm located approximately 18 feet south
of centerline and construct 6 inch curb and gutter located 18 feet south of
centerline along the entire frontage, in accordance with City of Palm Springs
Standard Drawing No. 200.
6. Construct new street intersections with 25 feet radius curb returns, spandrels,
and a 6 feet wide cross-gutter, in accordance with City of Palm Springs Standard
Drawing No. 200 and 206.
7. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
r
Resolution No.23705
Page 14
8. Construct a Type A curb ramp meeting current California State Accessibility
standards at the corners of the street intersections with Ramon Road in
accordance with City of Palm Springs Standard Drawing No. 212.
9. Construct pavement with a minimum pavement section of 2%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 in accordance with City of
Palm Springs Standard Drawing No. 110. Additional pavement removal and
replacement, or grind/overlay from the Ramon Road centerline 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 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.
10. Remove the existing neighborhood traffic calming "speed humps" and replace
with new traffic calming "speed humps" in conjunction with the widening of
Ramon Road. Final engineering and other details associated with the adjusted or
replaced traffic calming improvements shall be subject to the review and
approval by the City Engineer.
11. Construct off-site street improvements between Cahuilla Road and Belardo Road
as necessary to release off-site stormwater runoff conveyed through the property
and released onto Ramon Road. Remove the existing asphalt concrete berm
located approximately 18 feet south of centerline and construct 6 inch curb and
gutter located 18 feet south of centerline along the entire frontage, including a 25
feet radius curb return and spandrel and the west half of a 6 feet wide cross-
gutter at the southwest corner of Ramon Road and Belardo Road, in accordance
with City of Palm Springs Standard Drawing No. 200. Construct pavement with a
minimum pavement section of 3 inches asphalt concrete pavement over 6 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 in accordance with City of Palm Springs Standard Drawing No. 110.
Additional pavement removal and replacement, or grind/overlay from the Ramon
Road centerline 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 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.
12. Costs associated with design and construction of the off-site street improvements
from Cahuilla Road to Belardo Road may be reimbursed pursuant to a
Reimbursement Agreement approved by the City Council, in accordance with
City policies. Following completion and acceptance of the off-site street
Resolution No.23705
Page 15
improvements by the City Engineer, if reimbursement is requested in writing by
the applicant, the applicant shall submit a formal request for preparation of a
Reimbursement Agreement and a $2,500 deposit for City staff time associated
with the preparation of the Reimbursement Agreement, including City Attorney
fees. The applicant shall be responsible for payment of all associated staff time
and expenses necessary in the preparation and processing of the
Reimbursement Agreement with the City Council, and shall submit additional
deposits as necessary when requested by the City, which are included in the
amount that may be reimbursed to the applicant through the Reimbursement
Agreement. The Reimbursement Agreement is subject to the City Council's
review and approval at a Public Hearing, and its approval is not guaranteed nor
implied by this condition.
PUBLIC STREETS
13. Construct 6 inch curb and gutter, 18 feet from centerline along both sides of the
streets, with 25 feet radius curb returns and spandrels at all street intersections,
in accordance with City of Palm Springs Standard Drawing No. 200 and 206.
14. Construct a 6 feet wide cross-gutter across the intersection of Lot J with Lot F —
Lot I, with a flowline 18 feet south of and parallel with the centerline of Ramon
Road; in accordance with City of Palm Springs Standard Drawing No. 200 and
206.
15. Construct full cul-de-sacs in accordance with City of Palm Springs Standard
Drawing No. 101, curb portion only. A minimum curb radius of 43 feet shall be
constructed throughout the cul-de-sac bulb.
16. Construct driveway approaches in accordance with City of Palm Springs
Standard Drawing No. 201.
17. Construct a 5 feet wide sidewalk behind the curb along the frontage of all streets
in accordance with City of Palm Springs Standard Drawing No. 210.
18. Construct a minimum pavement section of 2Y2 inches asphalt over 4 inches
crushed miscellaneous base with a minimum subgrade of 24 inches at 95%
relative compaction, or equal, within all on-site private streets in accordance with
City of Palm Springs Standard Drawing No. 110 and 300. If an alternative
pavement section is proposed, the proposed pavement section shall be designed
by a California registered Geotechnical Engineer using "R" values from the
project site and submitted to the City Engineer for approval.
SANITARY SEWER
19. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
Resolution No.23705
Page 16
20. Submit sewer improvement plans prepared by a California registered civil
engineer to the Engineering Division. The plans shall be approved by the City
Engineer prior to issuance of any building permits.
21. Construct an 8 inch V.C.P. sewer main across the street frontages located 5 feet
from centerline or as required by the City Engineer, and connect to the existing
public sewer system in Ramon Road. All sewer mains constructed by the
applicant and to become part of the public sewer system shall be digitally video
recorded prior to acceptance of the sewer system for maintenance by the City. A
computer disc of the video recording shall be provided to the City Engineer for
review. Any defects of the sewer main shall be removed, replaced, or repaired to
the satisfaction of the City Engineer prior to acceptance.
22. Pay a sewer assessment fee in accordance with the terms of the Sewer
Reimbursement Agreement between the City of Palm Springs and Great
Western Savings & Loan Association, Sewer Agreement No. 1465. The fee shall
be paid prior to issuance of a building permit.
GRADING
23. Submit a Grading Plan prepared by a California registered civil engineer to the
Engineering Division for review and approval. 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 Class and information on the Coachella Valley
Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please
contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control
Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook,
shall be submitted to and approved by the Engineering Division prior to approval
of the Grading plan. The Grading Plan shall be approved by the City Engineer
prior to issuance of a grading permit.
a) The first submittal of the Grading Plan shall include the following information:
a copy of final approved conformed copy of Conditions of Approval; a copy of
a final approved conformed copy of the Tentative Tract Map; a copy of current
• •
Resolution No.23705
Page 17
Title Report; a copy of Soils Report; and a copy of the associated Hydrology
Study/Report.
24. Prior to issuance of grading permit, the applicant shall provide verification to the
City Engineer that the $2,731.00 per acre fee has been paid in accordance with
the Tribal Habitat Conservation Plan (THCP).
25. Prior to approval of a Grading Plan, 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, Richard Begay (760-883-1368),
or the Tribal Archaeologist, Patty Tuck (760-883-1368), 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.
26. A National Pollutant Discharge Elimination System (NPDES) stormwater permit,
issued from the California Regional Water Quality Control Board (Phone No. 760-
346-7491) is required for the proposed development. A copy of the executed
permit shall be provided to the City Engineer prior to issuance of a grading
permit.
27. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c),
the applicant shall post with the City a cash bond of two thousand dollars
($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand
relating to this property and development.
28. 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.
29. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent
To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The
California Department of Food and Agriculture office is located at 73-710 Fred
Waring Drive, Palm Desert (Phone: 760-776-8208).
Resolution No. 23705
Page 18
WATER QUALITY MANAGEMENT PLAN
30. 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).
31. 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.
32. 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.
33. 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-
Resolution No.23705
Page 19
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).
34. 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 BMPs have been constructed and installed in
conformance with approved plans and specifications;
b. 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
c. Demonstrate that an adequate number of copies of the approved Final
Project-Specific WQMP are available for the future owners (where
applicable).
DRAINAGE
35. All stormwater runoff passing through the site shall be accepted and conveyed
across the property in a manner acceptable to the City Engineer. For all
stormwater runoff falling on the site, on-site retention or other facilities approved
by the City Engineer, shall be required to contain the increased stormwater runoff
generated by the development of the property, as described in the Preliminary
Hydrology and Hydraulic Report for Tentative Tract Map 34938 (Palm Ridge),
prepared by Stantec Consulting, Inc. as revised in April, 2007. Final retention
basin sizing, storm drain pipe sizing, drywell sizing, and other specifications for
construction of required on-site storm drainage improvements shall be finalized in
the final hydrology study and approved by the City Engineer.
36. Direct release of on-site nuisance water shall not be permitted to Ramon Road.
Provisions for the interception of nuisance water from entering Ramon Road from
Lot F— Lot I shall be provided through the use of a minor storm drain system that
collects and conveys nuisance water to the on-site retention basins or
landscaped areas within Lot A, and in only a stormwater runoff condition, pass
runoff directly to Ramon Road through parkway or under sidewalk drains.
37. Submit storm drain improvement plans for all on-site storm drainage facilities for
review and approval by the City Engineer.
38. Off-site stormwater runoff shall be accepted and conveyed along the southerly
property line, in an open channel. An on-site private storm drain system shall
intercept and convey off-site stormwater runoff within the open channel, and
i •
Resolution No.23705
Page 20
through the site into the on-site retention basin (Lot A), as described in the
Preliminary Hydrology and Hydraulic Report for Tentative Tract Map 34938
(Palm Ridge), prepared by Stantec Consulting, Inc. as revised in April, 2007.
39. Reserve an easement over Lot A which shall be used for drainage purposes.
40. The on-site private storm drain system shall be privately maintained by a
Homeowners Association (HOA). Provisions for maintenance of the on-site storm —
drain system acceptable to the City Engineer shall be included in Covenants,
Conditions and Restrictions (CC&R's) required for this project.
41. This project may 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 stormwater runoff, may 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 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. If required,
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.
42. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $9,212.00 per acre per Resolution
No. 15189. Fees shall be paid prior to issuance of a building permit.
GENERAL
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, 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
Resolution No.23705
Page 21
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.
44. On phases or elements of construction following initial site grading (e.g., sewer,
storm drain, or other utility work requiring trenching) associated with this project,
the applicant shall be responsible for coordinating the scheduled construction
with the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation
Officer or Tribal Archaeologist. Unless the project site has previously been
waived from any requirements for Tribal monitoring, it is the applicant's
responsibility to notify the Tribal Historic Preservation Officer, Richard Begay
(760-883-1368), or the Tribal Archaeologist, Patty Tuck (760-883-1368) for any
subsequent phases or elements of construction that might require Tribal
monitoring. If required, it is the responsibility of the applicant to coordinate
scheduling of Tribal monitors during construction, and to arrange payment of any
required fees associated with Tribal monitoring. Tribal monitoring requirements
may extend to off-site construction performed by utility companies on behalf of
the applicant (e.g. utility line extensions in off-site streets), which shall be the
responsibility of the applicant to coordinate and arrange payment of any required
fees for the utility companies.
45. All proposed utility lines shall be installed underground.
46. All existing utilities shall be shown on the improvement plans required for the
project. The existing and proposed service laterals shall be shown from the main
line to the property line.
47. Upon approval of any improvement plan by the City Engineer, the improvement
plan shall be provided to the City in digital format, consisting of a DWG
(AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and
PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of
the digital data to be submitted to the City may be authorized, upon prior
approval of the City Engineer.
48. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-
built" information and returned to the Engineering Division prior to issuance of a
final certificate of occupancy. Any modifications or changes to approved
improvement plans shall be submitted to the City Engineer for approval prior to
construction.
49. 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.
Resolution No.23705
Page 22
50. 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
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 Final Map
to the Engineering Division as part of the review of the Map. The Final Map shall
be approved by the City Council prior to issuance of building permits.
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 Map.
53. Upon approval of a final map, the final map shall be provided to the City in G.I.S.
digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from
the Riverside County Transportation and Land Management Agency." G.I.S.
digital information shall consist of the following data: California Coordinate
System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file);
lot lines, rights-of-way, and centerlines shown as continuous lines; full map
annotation consistent with annotation shown on the map; map number; and map
file name. G.I.S. data format shall be provided on a CDROM/DVD containing the
following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or
Exchange file , 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
54. Install a street name sign, 36 inch stop sign, stop bar, and "STOP" legend at all
street intersections (as necessary) in accordance with City of Palm Springs
Standard Drawing No. 620 through 625.
55. A minimum of 48 inches of clearance for handicap accessibility shall be provided
on public sidewalks or pedestrian paths of travel within the development.
Minimum clearance on public sidewalks shall be provided by either an additional
dedication of a sidewalk easement (if necessary) and widening of the sidewalk,
or by the relocation of any obstructions within the public sidewalk along the
Ramon Road frontage of the subject property.
• i
Resolution No. 23705
Page 23
56. 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.
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 California Manual on
Uniform Traffic Control Devices (MUTCD), dated January 13, 2012, or
subsequent editions in force at the time of construction.
58. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
END OF CONDITIONS