HomeMy WebLinkAbout7/15/2015 - STAFF REPORTS - 2.I. OE F"M Spy
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"F°a"�* City Council Staff Report
Date: July 15, 2015 CONSENT CALENDAR
Subject: APPROVAL OF TRACT MAP 33575 AND A SUBDIVISION
IMPROVEMENT AGREEMENT WITH RREF II-DC CAMERON, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Hunsaker and Associates San Diego, Inc, representing RREF II DC Cameron, LLC, a
California limited liability company, has requested approval of Tract Map 33575 to
subdivide a vacant 11.7 acre parcel into 5 lots, for a mixed residential-commercial
development of 80 two-story attached townhomes, 22 live-work units, and 15,000
square feet of retail use. Approval of Tract Map 33575 is a ministerial action, as
required by the Municipal Code and the Subdivision Map Act.
RECOMMENDATION:
Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 33575 AND
AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH RREF II-DC
CAMERON, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY
LOCATED AT THE NORTHEAST CORNER OF SOUTH PALM CANYON DRIVE AND
MESQUITE AVENUE, IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST."
STAFF ANALYSIS:
Hunsaker and Associates San Diego, Inc, representing RREF II-DC Cameron, LLC, a
California limited liability company, (the "Developer"), submitted Tract Map 33575,
requesting that the property located at the northeast corner of South Palm Canyon Drive
and Mesquite Avenue, in Section 23, Township 4 South, Range 4 East, be subdivided
into 5 lots, for a mixed residential-commercial development of 80 two-story attached
townhomes, 22 live-work units, and 15,000 square feet of retail use. A site map is
provided below and a Vicinity Map is included as Attachment 1. A copy of Tract Map
33575 is included as Attachment 2.
ITEM NO.��_
City Council Staff Report
July 15, 2015-Page 2
Tract Map 33575 Approval
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TM 33575 "Cameron" Site Map
At its meeting of October 12, 2005, the Planning Commission recommended approval of
Tentative Tract Map 33575, which was subsequently approved by the City Council,
subject to conditions, on July 12, 2006. Pursuant to the Conditions, the Developer offers
for dedication to the City of Palm Springs Lots "B", "C", and "D" for street and public
utility purposes. In addition, the Developer has offered for dedication easements for
public utility purposes (PUE) and sidewalk purposes together with the right of ingress
and egress for service and emergency vehicles and personnel, over portions of Lots
"A", .111, and "4", all shown on Tract Map 33575.
Construction of required public improvements associated with Tract Map 33575 have
not been completed; an engineer's estimate of the cost of the public improvements to
be completed is $6,000,000. In accordance with Section 66462 of the California
Government Code, the Developer requests that the City enter into a Subdivision
Improvement Agreement securing the cost of those improvements not yet completed to
the City's satisfaction. A copy of the Subdivision Improvement Agreement and
associated securities are included as Attachment 3. 02
City Council Staff Report
July 15, 2015- Page 3
Tract Map 33575 Approval
The City Engineer has determined that required conditions of approval associated with
Tentative Tract Map 33575 have been satisfied, that Tract Map 33575 is in substantial
conformance with the approved Tentative Tract Map, and that Tract Map 33575 is ready
for City Council approval.
It should be noted that approval of a Tract Map is a ministerial action, and the City
Council cannot condition its approval of the Tract Map; new conditions cannot be
imposed on the project that were not previously identified at the time the Tentative Tract
Map was approved.
ENVIRONMENTAL IMPACT:
Tentative Tract Map 33575 was considered a "Project' pursuant to the California
Environmental Quality Act ("CEQA") Guidelines. The City, acting as Lead Agency
pursuant to CEQA, prepared an Initial Study and Mitigated Negative Declaration for
Tentative Tract Map 33575. On July 12, 2006, the City Council adopted Resolution No.
21634 adopting the Mitigated Negative Declaration ("MND"). Approval of Tract Map
33575 implements the Project as envisioned by Tentative Tract Map 33575, and is
therefore consistent with the MND previously adopted by the City Council, and no further
action with regard to CEQA is required to approve Tract Map 33575.
FISCAL IMPACT:
Approval of Tract Map 33575 will subdivide the currently vacant parcel into 5 lots, which
includes 80 two-story attached townhomes, 22 live-work units and 15,000-square feet of
retail. Ultimately, upon completion of the Project, the City will receive yet to be
determined additional property tax revenue. Additional, incremental costs for public
service will be incurred over time.
SUBMITTED
Prepared by: Approved by:
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Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready D
Assistant City Manager/City Engineer City Manager
ATTACHMENTS:
1. Vicinity Map
2. Map
3. Subdivision Improvement Agreement
4. Resolution
03
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COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TRACT MAP NO. 33575
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ATTACHMENT 3
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
RREF II-DC CAMERON, LLC, a CALIFORNIA LIMIITED LIABILITY COMPANY
12
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
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
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this day of , 2015, by and between the
CITY OF PALM SPRINGS, a California charter city ("CITY"), and RREF Il-DC
CAMERON, 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. 33575 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 "B", "C", and "D" for street and public utility purposes,
easements for public utility purposes (PUE) and sidewalk purposes together with the
right of ingress and egress for service and emergency vehicles and personnel, over
portions of Lots "A", "1" and "4" as shown on Map.
C. Subdivider has delivered to City and City has approved plans and
specifications and related documents for certain "Works of Improvement" (as hereinafter
defined) which are required to be constructed and installed in order to accommodate the
development of the Property.
D. Subdivider's agreement to construct and install the Works of Improvement
pursuant to this Agreement and its offer of dedication of the streets, easements and
other improvements and facilities, as shown on the Map, are a material consideration to
City in approving the final map for the Property and permitting development of the
Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference
and in consideration of City's approving the Map for the Property and permitting
development of the Property to proceed, Subdivider agrees to timely perform all of its
obligations as set forth herein.
1. Construction Obligations.
1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to
construct or install or cause to be constructed or installed the street, drainage, domestic
water, sanitary sewer and other improvements (herein sometimes collectively referred
to as the "Works of Improvement"), as the same may be supplemented and revised
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from time to time as set forth herein (said plans and specifications, together with all
related documents, are referred to herein as the "Plans"). The estimated construction
cost for the Works of Improvement is $ 6. 008. 986.00.
1.2 Other Obligations Referenced in Conditions of Tentative Man Approval. In
addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the
Tentative Map for the Property. The conditions of approval associated with the Tentative
Map are included as Exhibit "B" attached hereto.
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to
prescribe a complete work of improvement which Subdivider shall perform or cause to
be performed in a manner acceptable to the City Engineer (or his/her designee) and in
full compliance with all codes and the terms of this Agreement. Subdivider shall
complete a functional or operable improvement or facility, even though the Plans may
not specifically call out all items of work required for the contractor to complete its tasks,
incidental appurtenances, materials, and the like. If any omissions are made or
information necessary to carry out the full intent and meaning of the Plans, Subdivider
or its contractor shall immediately notify its design engineer who will seek approval of
the City Engineer for furnishing of detailed instructions. In the event of any doubt or
question arising regarding the true meaning of any of the Plans, reference shall be
made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized
alterations affecting the requirements and information given on the Plans shall be in
writing and approved by the City Engineer. The Plans shall be supplemented by such
working or shop drawings as are necessary to adequately control the work. Without the
City Engineer's prior written approval, no change shall be made by Subdivider or
Subdivider's contractor to any plan, specification, or working or shop drawing after it has
been stamped as approved.
1.4 Survey Monuments. Before final approval of street improvements,
Subdivider will place survey monument(s) as shown on the Map in accordance with the
provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City
of Palm Springs. Subdivider shall provide security for such obligation as provided in
Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City
Engineer of the City of Palm Springs written notice of the setting of said monument(s)
and written proof of having paid the engineer or surveyor for the setting of said
monument(s).
1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all
materials, labor, tools, equipment, utilities, transportation, and incidentals required to
perform Subdivider's obligations under this Agreement.
1.6 Changes in the Work. The City Engineer, without invalidating this
Agreement and without notification to any of the sureties or financial institutions
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referenced in Paragraph 4, may order extra work or may make changes by altering or
deleting any portion of the Works of Improvement as specified herein or as deemed
necessary or desirable by the City Engineer as determined necessary to accomplish the
purposes of this Agreement and to protect the public health, safety, or welfare. The City
Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction
Notice) at the time a determination has been made to require changes in the work. No
field changes performed or proposed by Subdivider or its contractor shall be binding on
City unless approved in writing by the City Engineer.
1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct,
replace, or otherwise make acceptable any work found by the City Engineer to be
defective.
1.8 No Warranty by City. The Plans for the Works of Improvement have been
prepared by or on behalf of Subdivider or its consultants or contractors, and City makes
no representation or warranty, express or implied, to Subdivider or to any other person
regarding the adequacy of the Plans or related documents.
1.9 Authority of the City Engineer. In addition to the authority granted to the
City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to
decide all questions which may arise as to the quality and acceptability of materials
furnished and work performed, and all questions as to the satisfactory and acceptable
fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor.
1.10 Documents Available at the Site. Subdivider shall cause its contractor to
keep a copy of all approved Plans at the job site and shall give access thereto to the
City's inspectors and engineers at all times.
1.11 Inspection. Subdivider shall have an authorized representative on the job
site at all times during which work is being done who has full authority to act for
Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works
of Improvement. Subdivider shall cause its contractor to furnish the City with every
reasonable facility for ascertaining whether or not the Works of Improvement as
performed are in accordance with the requirements and intent of this Agreement,
including the Plans. If the City inspector requests it, the contractor at any time before
acceptance of the Works of Improvement shall remove or uncover such portions of the
finished work as may be directed which have not previously been inspected. After
examination, the contractor shall restore said portions of the work to the standards
required hereunder. Inspection or supervision by the City shall not be considered as
direct control of the individual workmen on the job site. City's inspector shall have the
authority to stop any and all work not in accordance with the requirements contained or
referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or the contractor of
any obligations to fulfill this Agreement as herein provided, and unsuitable materials or
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work may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
1.12 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
Improvement to be completed in accordance with all other applicable federal, state, and
local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor
has completed all of the Works of Improvement, Subdivider shall then request a final
inspection of the work. If items are found by the inspector to be incomplete or not in
compliance with this Agreement or any of the requirements contained or referenced
herein, City will inform the contractor of such items. After the contractor has completed
these items, the procedure shall then be the same as specified above for the
contractor's initial request for final inspection. If items are found by City's inspector to be
incomplete or not in compliance after two (2) "final" inspections, City may require the
contractor, as a condition to performing further field inspections, to submit in writing a
detailed statement of the work performed subsequent to the date of the previous
inspection which was found to be incomplete or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Subdivider shall (i) commence with construction and installation of the Works of
Improvement thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two
2 ears after the Commencement Date. Extensions of time for completion of the
Works of Improvement may be granted upon approval by the City Engineer or his
designee. Extension of time may be granted upon mutual agreement of the City
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Engineer and Subdivider, either verbally or in writing, as required by the City Engineer
or his designee.
2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City
reserves the right to control and regulate the phasing of completion of 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 Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's
time for commencement and completion of the Works of Improvement shall be
extended for the period of any enforced delay caused due to circumstances beyond the
control and without the fault of Subdivider, including to the extent applicable adverse
weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a
public agency (including City), required changes to the scope of work required by City,
and similar causes; provided, however, that the period of any enforced delay hereunder
shall not include any period longer than five (5) days prior to City's receipt of a written
notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a
right to extend its time for performance hereunder. City Engineer shall evaluate all
claims to Force Majeure and his decision shall be final.
2.4 Continuous Work. After commencement of construction of the Works of
Improvement (or separate portion thereof), Subdivider shall cause such work to be
diligently pursued to completion, and shall not abandon the work for a consecutive
period or more than thirty (30) days, events of Force Majeure excepted.
2.5 Reversion to Acre. 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
66499.11-66499.20-314. 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
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agrees that any improvements made by or on behalf of Subdivider shall not be
considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. Time is of the essence of Subdivider's performance
of all of its obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of California Department of Labor.
3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor
performing any of the Works of Improvement shall discriminate against any employee or
prospective employee with respect to such work in hiring, promotion, seniority, or any
other terms and conditions of employment on the grounds of race, creed, color, national
origin, ancestry, religion, sex, or marital status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
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 jab 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
$6,000,000.00 equal to 100% of the estimated construction cost referenced in Section
1.1.
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A Security Instrument guaranteeing the payment to contractors,
subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor
and Materials Security Instrument ) with respect to the Works of Improvement in an
amount equal to 3 00� 0,000.00 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 $9.5 00.00 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 Warran . 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 $900,000.00 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.
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(c) Instrument of Credit. For Security Instruments which are Instruments of
Credit, any Instrument of Credit shall be an assignment of deposit account assigning as
security to City all of Subdivider's interest in funds on deposit in one or more bank
accounts with financial institutions acceptable to City.
(d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the
City of Palm Springs, State of California (and the Security Instrument shall so provide).
(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
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by such letter of credit or to hold such funds in an account under the control of the City,
with no interest accruing thereon for the benefit of the Subdivider. If the City elects to
hold the funds in an account pursuant to the foregoing, City may thereafter at any time
elect instead to apply such funds as provided in the foregoing. Subdivider agrees and
hereby grants City a security interest in such account to the extent required for City to
realize on its interests therein and agrees to execute and deliver to City any other
documents requested by City in order to evidence the creation and perfection of City's
security interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor
and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of
satisfaction of all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument;
and
(iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims
have been timely filed, City shall hold the Labor and Materials Security Instrument until
such claims have been resolved, Subdivider has provided a statutory bond, or otherwise
as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon
Subdivider's written request upon the expiration of the warranty period, provided no
claims are outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be
responsible for payment of all costs incurred for construction and installation of the
Works of Improvement. In the event Subdivider is entitled to reimbursement from City
for any of the Works of Improvement, such reimbursement shall be subject to a
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
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Improvement. In addition, Subdivider shall compensate City for all design, plan check,
evaluating any proposed or agreed-upon changes in the work. The procedures for
deposit and payment of such fees shall be as established by the City Council. In no
event shall Subdivider be entitled to additional inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as
appropriate resolution or resolutions accepting all offers of dedication shown on the Map
for the Property, with acceptance to become effective upon completion and acceptance
by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to
execute the Certificate made a part of the Map regarding said acceptance of the offer of
dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement
against defective materials and workmanship for a period of one (1) year from the date
of final acceptance. If any of the Works of Improvement should fail or prove defective
within said one (1) year period due to any reason other than improper maintenance, or if
any settlement of fill or backfill occurs, or should any portion of the Works of
Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15)
days after written notice of such defects, or within such shorter time as may reasonably
be determined by the City in the event of emergency, shall commence to repair or
replace the same together with any other work which may be damaged or displaced in
so doing. Should Subdivider fail to remedy defective material and/or workmanship or
make replacements or repairs within the period of time set forth above, City may make
such repairs and replacements and the actual cost of the required labor and materials
shall be chargeable to and payable by Subdivider. The warranty provided herein shall
not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise
imposed by law.
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City for a default by Subdivider hereunder, such remedy shall be in
addition to, and not exclusive of, City's right to pursue any other administrative, legal, or
equitable remedy to which it may by entitled.
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
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and thereupon recover from Subdivider or any Security Instrument, or both, the full cost
and expense thereby incurred by City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any
obligation under this Agreement, Subdivider agrees to pay all costs and expenses
incurred by City in securing performance of such obligations, including costs of suit and
reasonable attorney's fees. In the event of any dispute arising out of Subdivider's
performance of its obligations under this Agreement or under any of the Security
Instruments referenced herein, the prevailing party in such action, in addition to any
other relief which may be granted, shall be entitled to recover its reasonable attorney's
fees and costs. Such attorney's fees and cost shall include fees and costs on any
appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all
other reasonable costs incurred in investigating such action, taking depositions and
discovery, retaining expert witnesses, and all other necessary and related costs with
respect to the litigation. All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not the action is
prosecuted to judgment.
9. Indemni . Subdivider agrees to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's
failure to perform the construction and installation of the Works of Improvement in
accordance with the requirements contained or referenced in this Agreement. Said
indemnity obligation shall apply to personal injury, death, property damage, economic
loss, and any other monetary damage or penalty to which City may be subjected,
including without limitation, attomey's fees and 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
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the provisions of this Agreement must be in writing and signed by an authorized
representative of the party to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
11. Corporate Authorit .The persons executing this Agreement on behalf of
the parties hereto warrant the (I) 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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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 Fuller, City EngineerlAssistant City Manager
SUBDIVIDER:
RREF 11-DC Cameron, LLC, a California Limited Liability Company
By: RREF-DC Cameron JV Member, LLC
a Delaware Limited Liability Company
Its: Manager
By: Rialto Real Estate Fund 11, LP,
a Delaware Limited Partnership,
Its: Sole Member
By: Rialto Partners GP 11, LLC,
A Delaware Limited Liability company,
Its: General Partner
By:
Name: Anthony Seiias
Its: Vice President
Check one:_Individual_Partnership_Ccrporafion'_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 be signed For Corporations, this document must be signed in
in the above space by one of the following: the above space by one of the following: Secretary,
Chairman of the Board, President or any Vice Chief Financial Officer or any Assistant Treasurer)
President)
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Mailing Address:
RRCF—DC Cameron. LLC
C/O Davidson Communities
1302 Camino Del Mar
Del Mar California 92014
Attn: Tim O'Grady
760-518-0163
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ALL-PURPOSE ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF
THE INDIVIDUAL WHO SIGNED THE DOCUMENT, TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE
TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
State of CAPACITY CLAIMED BY SIGNER
County of
On before me, G INDIVIDUAL(S)
Date Name, Title of Officer GCORPORATE
personally appeared OFFICER(S)
NAME(S) OF SIGNER(S) TITLE(S)
G personally known to me-OR— GPARTNER(S)
G proved to me on the basis of satisfactory evidence to be the persons(s) GATTORNEY-IN-FACT
whose name(s)is/are subscribed to the within instrument and acknowledged to GTRUSTEE(S)
me that helshelthey executed the same in his/her/their authorized GSUBSCRIBING WITNESS
capecity(ies), and that by his/her/their signature(s) on the instrument the GGUARDIAN/CONSERVATOR
person(s)or the entity upon behalf of which the persons(s) acted, executed the GOTHER
instrument.
Witness my hand and official seal.
SIGNER IS REPRESENTING:
Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE OF DOCUMENT
DESCRIBED AT RIGHT:
Si ner s Other Than Named Above
15
29
ALL-PURPOSE ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE
INDIVIDUAL WHO SIGNED THE DOCUMENT, TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS,
ACCURACY,OR VALIDITY OF THAT DOCUMENT.
State of 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)
In 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 DATTORNEY-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
15
3�
EXHIBIT"A"
TRACT MAP 33575 LEGAL DESCRIPTION
Tract Map No. 33575, as recorded in Map Book , Pages through inclusive, records
of Riverside County, California.
16
31
EXHIBIT 'B"
TENTATIVE TRACT MAP 33575 CONDITIONS OF APPROVAL
17
32
EXHIBIT A
Case No. 5.1056-PD-314-TTM 33575
May 14, 2014
REVISED 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 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 shalt be in a form
approved by the City Attorney.
PROJECT SPECIFIC CONDITIONS
Administrative:
1. The proposed development of the premises shall conform to all applicable regulations of
the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances
and resolutions which supplement the zoning district regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents,
officers, and employees from any claim, action, or proceeding against the City of Palm
Springs or its agents, officers or employees to attach, set aside, void or annul, an approval
of the City of Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case 5.1056, Planned Development District 314 (PD 314) and
Tentative Tract Map 33575 (TTM 33575) The City of Palm Springs will promptly notify the
applicant of any such claim, action, or proceeding against the City of Palm Springs and the
applicant will either undertake defense of the matter and pay the City's associated legal
costs or will advance funds to pay for defense of the matter by the City Attorney. If the
City of Palm Springs fails to promptly notify the applicant of any such claim, action or
proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be
responsible to defend, indemnify, or hold harmless the City of Palm Springs.
Notwithstanding the foregoing, the City retains the right to settle or abandon the matter
without the applicant's consent but should it do so, the City shall waive the indemnification
herein, except, the City's decision to settle or abandon a matter following an adverse
judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.
3. That the property owner(s) and successors and assignees in interest shall maintain and
repair the improvements including and without limitation sidewalks, bikeways, parkways,
parking areas, landscape, irrigation, fighting, 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.
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Planning Commission Resolu ton No.6399 May 14, 2014
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4. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required. This
project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption
shall be completed by the City and two copies filed with the County Clerk. This application
shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee
shall in the form of a money order or cashier's check payable to Riverside County.
5. Prior to issuance of a building permit, Fringe Toed Lizard Mitigation fees shall be
submitted.
6. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding
public art. The project shall either provide public art or payment of an in lieu fee. In the
case of the in-lieu fee, the fee shall be based upon the total building permit valuation as
calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2%
for commercial or industrial projects, 1/4°/u for new residential subdivisions, or 1/4% for
new individual single-family residential units constructed on a lot located in an existing
subdivision with first $100,000 of total building permit valuation for individual single-family
units exempt. Should the public art be located on the project site, said location shall be
reviewed and approved by the Director of Planning Services and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to maintain
the art work and protect the public rights of access and viewing.
7. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code
Section 66477 (Quimby Act), all residential development shall be required to contribute to
mitigate park and recreation impacts such that, prior to issuance of residential building
permits, a parkland fee or dedication shall be made. Accordingly, all residential
development shall be subject to parkland dedication requirements and/or park
improvement fees. The parkland mitigation amount shall be based upon the cost to
acquire and fully improve parkland. The applicant shall submit a property appraisal to the
Planning Services Department for the purposes of calculating the Park Fee. The Park Fee
shall be payable prior to the issuance of building permits.
8. As the property is Indian trust land, fees as required by the Agua Caliente Band of
Cahuilla Indians Tribal Council shall be paid prior to consideration of this project by the
Planning Commission.
Environmental Assessment
9. 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 as follows:
10. The developer shall reimburse the City for the City's costs incurred in monitoring the
developer's compliance with the conditions of approval and mitigation monitoring
program, including, but not limited to inspections and review of developers operations
and activities for compliance with all applicable dust and noise operations, and cultural
resource mitigation. This condition of approval is supplemental and in addition to normal
building permit and public improvement permits that may be required pursuant to the
Palm Springs Municipal Code.
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Planning Commission Resolu Ron No.6399 May 14, 2014
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CC&R's
14. 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 Services for
approval in a form to be approved by the City Attorney, to be recorded prior to certificate
of occupancy. The CC&R's shall be enforceable by the City, shall not be amended
without City approval, and shall require maintenance of all property in a good condition
and in accordance with all ordinances.
15. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$10,000 or the review of the CC&R's by the City Attorney. A $250 filing fee shall also be
paid to the City Planning Department for administrative review purposes.
16. The CCR'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 Plaza. Said disclosure shall inform perspective buyers about traffic,
noise and other activities which may occur in this area.
Additional Permits
17. The applicant/developer/property owner shall be required to design and construct a
custom bus shelter, which Is consistent with the project architecture. The bus shelter
design shall comply with Sunline Transit bus shelter design criteria and shall be
submitted to Sunline Transit for review and comment prior to City review and approval.
The property owner shall maintain the bus shelter for the life of the project, unless a
separate maintenance agreement between the property owner and Sunline Transit is
entered into. This condition modifies Engineering Condition No 18.
Cultural Resources
18. 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.
19. Given that portions of the project area are within an alluvial formation, the possibility of
buried resources is increased. A Native American Monitor shall be present during all
ground-disturbing activities.
a) Experience has shown that there is always a possibility of buried cultural
resources in a project area. Given that, a Native American Monitor(s) shall be
present during all ground disturbing activities including clearing and grubbing,
excavation, burial of utilities, planting of rooted plants, etc. Contact the Ague
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
Services and after the consultation the Director shall have the authority to halt
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Planning Commission Resolution No. 6399 May 14, 2014
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destructive construction and shall notify a Qualified Archaeologist to investigate
and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for
submission to the State Historic Preservation Officer and Agua Caliente Cultural
Resource Coordinator for approval.
b) Two copies of any cultural resource documentation generated in connection with
this project, including reports of investigations, record search results and site
records/updates shall be forwarded to the Tribal Planning, Building, and
Engineering Department and one copy to the City Planning Services Department
prior to final inspection.
Final Design
20. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for
approval by the Department of Planning Services, Department of Public Works, and
Department of Parks and Recreation, prior to issuance of a building permit. Landscape
plans shall be approved by the Riverside County Agricultural Commissioner's Office prior
to submittal. All landscaping located within the public right of way or within community
facilities districts must be approved by the Public Works Director and the Director of
Parks and Recreation.
21. The final development plans shall be submitted in accordance with Section 94.03.00 of
the Zoning Ordinance. Final development plans shall include site plans, building
elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans,
exterior lighting plans, sign program, mitigation monitoring program, site cross sections,
property development standards and other such documents as required by the Planning
Commission. Final development plans shall be submitted within two (2) years of the City
Council approval of the preliminary planned development district.
22. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor
Lighting Standards, shall be submitted for review and approval by the Director of
Planning Services prior to the issuance of building permits. Manufacturer's cut sheets of
all exterior lighting on the building and in the landscaping shall be submitted for approval
prior to issuance of a building permit. If lights are proposed to be mounted on buildings,
down-lights shall be utilized. No lighting of the hillside is permitted.
Public Safety CFD
23. The Project will bring a significant number of additional residents 10 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 Services District under the authority of Government Code
Section 53311 et seq, or other appropriate statutory or municipal authority. Developer
agrees to support the formation of such assessment district and shall waive any right to
protest, provided that the amount of such assessment shall be established through
appropriate study and shall not exceed $500 annually with a consumer price index
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Planning Commission Resolution No. 6399 May 14, 2014
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escalator. The district shall be formed prior to sale of any lots or a covenant agreement
shall be recorded against each parcel, permitting incorporation of the parcel in the district.
GENERAL CONDITIONS/CODE REQUIREMENTS
24. Architectural approval shall be valid for a period of two (2) years. Extensions of time
may be granted by the Planning Commission upon demonstration of good cause.
25. The Tentative Tract Map and Planned Development approval shall be valid for a period
of two (2) years. Once constructed• the conditional use permit, provide all conditions of
approval have been complied with, does not have a time limit. Extensions of time may
be granted by the Planning Commission upon demonstration of good cause.
26. The appeal period for a Planned Development District 314 (PD 314) and Tentative Tract
Map 33575 (TTM 33575) application is 15 calendar days from the date of project
approval. Permits will not be issued until the appeal period has concluded.
27. In accordance with Planning Commission Resolution No. 1503, dated November 18,
1970. the developer is required to plant palm trees (14 feet from ground to fronds in
height)60 feet apart along the entire frontage of Palm Canyon Drive,
28. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance.
The applicant shall submit an application for Final Landscape Document Package to the
Director of Planning Services for review and approval prior to the issuance of a building
permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements.
29. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be
submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal
Code for specific requirements.
30. The grading plan shall show the disposition of all cut and fill materials. Limits of site
disturbance shall be shown and all disturbed areas shall be fully restored or landscaped.
31. Separate architectural approval and permits shall be required for all signs. A detailed
sign program shall be submitted for review and approval by the Planning Commission
prior to issuance of building permits.
32. All materials on the flat portions of the roof shall be earth tone in color.
33, All awnings shall be maintained and periodically cleaned.
34. All roof mounted mechanical equipment shall be screened from all possible vantage
points both existing and future per Section 9303.00 of the Zoning Ordinance. The
screening shall be considered as an element of the overall design and must blend with
the architectural design of the building(s). The exterior elevations and roof plans of the
buildings shall indicate any fixtures or equipment to be located on the roof of the
building, the equipment heights, and type of screening. Parapets shall be at least 6"
above the equipment for the purpose of screening.
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Planning Commission Resolution No. 6399 May 14, 2014
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35. No exterior downspouts shall be permitted on any facade on the proposed building(s)
which are visible from adjacent streets or residential and commercial areas.
36. Perimeter walls shall be designed, installed and maintained in compliance with the
comer cutback requirements as required in Section 9302.00.D.
37. The design, height, texture and color of building(s), fences and walls shall be submitted
for review and approval prior to issuance of building permits.
38. The street address numbering/lettering shall not exceed eight inches in height.
39. Construction of any residential unit shall meet minimum soundproofing requirements
prescribed pursuant to Section 1092 and related sections of Title 25 of the California
Administrative Code. Compliance shall be demonstrated to the satisfaction of the
Director of Building and Safety.
40. Submit plans meeting City standard for approval on the proposed trash and recyclable
materials enclosure prior to issuance of a building permit.
41, Details of pool fencing (material and color) and equipment area shall be submitted with
final landscape plan.
42. No sirens, outside paging or any type of signalization will be permitted, except approved
alarm systems.
43. No outside storage of any kind shall be permitted except as approved as a part of the
proposed plan.
44. Vehicles associated with the operation of the proposed development including company
vehicles or employees vehicles shall not be permitted to park off the proposed building
site unless a parking management plan has been approved.
45, The project shall comply with the City of Palm Springs Transportation Demand
Management (TDM) Ordinance which establishes transportation demand management
requirements for the City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code
for specific requirements.
46. Prior to the issuance of building permits, locations of all telephone and electrical boxes
must be indicated on the building plans and must be completely screened and located in
the interior of the building. Electrical transformers must be located toward the interior of
the project maintaining a sufficient distance from the frontage(s) of the project. Said
transformers) must be adequately and decoratively screened.
47. The applicant shall provide all tenants with Conditions of Approval of this project.
48. Loading space facilities shall be provided in accordance with Section 9307.00 of the
Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior
to issuance of building permits.
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Planning Commission Resolution No, 6399
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49. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces
shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by
9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap
spaces can share a common walkway. One in every eight (8) handicap accessible
spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side
and shall be designated as "van accessible".
50. Handicapped accessibility shall be indicated on the site plan to include the location of
handicapped parking spaces, the main entrance to the proposed structure and the path
of travel to the main entrance. Consideration shall be given to potential difficulties with
the handicapped accessibility to the building due to the future grading plans for the
property.
51, Compact and handicapped spaces shall be appropriately marked per Section
93.06.00.C.10.
52. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences,
buildings, or other structures. Areas that are not part of the maneuvering area shall
have curbs placed at a minimum of two (2) feet from the face of walls, fences or
buildings adjoining driveways.
53. Parking lot light fixtures shall align with stall striping and shall be located two to three
feet from curb face.
54. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be
provided every 10 parking spaces. Additional islands may be necessary to comply with
shading requirements.
55. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning
Ordinance shall be met. Details to be provided with final landscape plan.
56. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated
'lull design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall
provide wheel stops.
57. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end
parking spaces or end spaces shall be increased to eleven (11)feet wide.
58. Tree wells shall be provided within the parking lot and shall have a planting area of six
feet in diameter/width.
Waste Disposal
59. Trash cans shall be screened from view and kept within fifty(50)feet of the street.
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Planning Commission Resoln No,6399 May 14, 2014
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POLICE DEPARTMENT:
1. Developer shall comply with Section 11 of Chapter 8.04 of the Palm Springs Municipal
Code.
BUILDING DEPARTMENT:
1. Prior to any construction on-site, all appropriate permits must be secured.
FIRE:
1. Comply with all fire regulations.
ENGINEERING DEPARTMENT:
STREETS
1, Any improvements within the public right-of-way require a City of Palm Springs Encroachment
Permit.
2. Encroachments of buildings or other structures within the public right-of-way shall require
approval of an Encroachment Agreement or Encroachment License by the City Engineer and/or
City Council (as required). The applicant shall apply for an Encroachment Agreement or License,
as necessary, prior to issuance of a building permit for buildings or structures that encroach within
the public right-of-way.
3. Submit street improvement plans prepared by a California registered civil engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of
building permit.
3a. 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.
SOUTH PALM CANYON DRIVE
4. Dedicate an additional 10 feet to provide the ultimate half street right-of-way width of 50 feet along
the entire frontage, together with a property line corner cut-back at the southwest comer of the
subject property in accordance with City of Palm Springs Standard Drawing No. 105.
5. Condition#5 deleted.
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Planning Commission Resolution No. 6399 May 14, 2014
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6. The existing palm trees located along the South Palm Canyon Drive frontage shall be relocated
and transplanted by the applicant in conjunction with the associated street widening; or the
applicant may furnish and install new Washingtonia filifera palm trees along the South Palm
Canyon Drive frontage, at equal spacing, as approved by the Director of Planning. The applicant
shall be responsible for installation of a new irrigation and electrical system for the palm trees to
the satisfaction of the City Engineer.
7. New or transplanted palm trees shall be subject to a one-year Plant establishment Period
from the date of acceptance by the City Engineer. Any palm
trees that fail during the one-year Plant establishment 99-day-lafldssape.maWenanse period shall
be replaced with a new palm tree of similar trunk diameter and height to the satisfaction of the
City Engineer, and shall be subject to a subsequent one-year Plant establishment gg-day
landerape maintenanGe period. The applicant shall ensure that adequate irrigation of new Palm
trees is rovided durin the lant establishment Period, until such time as the existing irrigation
system is sufficient to irrigate the Palm trees.
8. Remove the existing curb and gutter located 32 36 feet east of centerline and replace with an 8
inch curb and gutter located 38 feet east of centerline along the entire frontage, with a 35 feet
radius curb return at the northeast corner of the intersection of South Palm Canyon Drive and
Mesquite Avenue in accordance with City of Palm Springs Standard Drawing No. 200 and 206.
Provide a transition between the proposed main entrance and the Tahquitz Creek Bridge,
acceptable to the City Engineer, to provide for the reduction in roadway width from the proposed
38 feet to the existing roadway width at the bridge.
9. Remove the existing cross-gutter located across the east leg of the South Palm Canyon Drive and
Mesquite Avenue intersection and construct a new 8 feet wide cross-gutter in accordance with
City of Palm Springs Standard Drawing No. 200 and 206, as necessary to facilitate the required
street improvements.
10. Construct a new 36 feet wide street intersection for the Main Entry with the centerline of the Main
Entry aligned with the existing driveway access to Rock Garden Cafe on the west side of South
Palm Canyon Drive. The Main Entry shall consist of a divided entry with one entrance lane and
one exit lane (14 feet wide each), and a landscaped median (8 feet wide), for a total width of 36
feet, or as otherwise approved by the City Engineer or required by the Fire Marshall. The Main
Entry shall be constructed as a 36 feet wide driveway approach, in accordance with City of Palm
Springs Standard Drawing No. 205. The median at the Main Entry shall not be constructed within
the public right-of-way.
11. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard
Drawing No. 205. The centerline of the driveway approach shall be located approximately 460
feet north of the centerline of Mesquite Avenue, as shown on the approved site plan. Access
shall be limited to right-tum in and right-tum out only.
12. Construct a Type C curb ramp meeting current California State Accessibility standards on each
side of the Main Entry and secondary entry driveway approaches in accordance with City of Palm
Springs Standard Drawing No. 214. The applicant shall ensure that an appropriate path of travel,
meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the
access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer
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• Planning Commission Resolu ion No- 6399 May 14, 2014
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and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be
provided on-site to construct a path of travel meeting ADA guidelines.
13. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with
City of Palm Springs Standard Drawing No. 210. The sidewalk shall be constructed of colored
Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved
equal color by the Engineering Division.
14. Construct a Type A curb ramp meeting current California Stale Accessibility standards at the
northeast comer of the intersection of South Palm Canyon Drive and Mesquite Avenue in
accordance with City of Palm Springs Standard Drawing No. 212.
15. Construct a 14-feet wide landscaped median island along the entire frontage. Provide a 50 feet
long southbound left turn pocket, and a 50 feet long northbound left turn pocket at the Main Entry
(aligned with the existing access to Rock Garden Cafe) with 90 feet long bay tapers; and a 200
feet long southbound left turn pocket at Mesquite Avenue with a 90 feet long bay taper. The left
turn pockets shall be designed in accordance with Section 405 of the current edition of the
Caltrans Highway Design Manual, as approved by the City Engineer. The median shall be
constructed as necessary to pass stormwater runoff from the west side to the east side of South
Palm Canyon Drive, as may be determined during final engineering design, subject to the review
and approval by the City Engineer.
16. Submit landscaping and irrigation system improvement plans for review and approval by the City
Engineer and Director of Planning. The irrigation system shall be separately metered from the
parkway landscaping to be maintained by the applicant, for future use by the City upon
acceptance of the landscaping by the City. The plans shall be approved in conjunction with the
street improvement plans for the median and prior to issuance of a building permit, unless
otherwise allowed by the City Engineer.
17. All median landscaping shall be guaranteed for a period of one year 90 days from the date of
acceptance by the City Engineer. Any landscaping that fails during the one-year tag-day
landscape maintenance period shall be replaced with similar plant material to the satisfaction of
the City Engineer, and shall be subject to a subsequent one-year 90-day landscape maintenance
period.
18. Condition# 18 deleted.
19. Construct pavement with a minimum pavement section of 5 inches asphalt concrete pavement
over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative
compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the
entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. 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.
20. Install a catch basin of appropriate size to accommodate the stormwater runoff tributary to the
existing low point along South Palm Canyon Drive (between the Tahquitz Creek bridge and
Mesquite Avenue). Install a storm drain connection pipe (HDPE pipe as allowed by the City
Engineer) from the catch basin extending north within the South Palm Canyon Drive right-of-way,
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Planning Commission Resolution No. 6399 May 14, 2014
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to a new outlet in the Tahquitz Creek. The public storm drain shall not be connected to or
extended on-site. The applicant shall coordinate with Riverside County Flood Control District
(RCFC) for review and approval of a new outlet structure into the Tahquitz Creek immediately
downstream from the Tahquitz Creek bridge. Submit storm drain improvement plans for review
and approval by the City Engineer and RCFC.
MESQUITE AVENUE
21. Dedicate an additional right-of-way of 4 feet concentric with the back of the new sidewalk adjacent
to the proposed 175 feet long westbound right-tum lane at the intersection with South Palm
Canyon Drive and Mesquite Avenue, extending from South Palm Canyon Drive to the Mesquite
Avenue driveway, as required by the City Engineer.
22. Remove the existing curb and gutter located 20 feet north of centerline and replace with a 6 inch
curb and gutter located 26 feet north of centerline from South Palm Canyon Drive with an
appropriate transition to 20 feet north of centerline adjacent to and west of the Mesquite Avenue
driveway. The curb and gutter shall be constructed in accordance with City of Palm Springs
Standard Drawing No. 200. The street shall be widened to provide a 20 feet wide eastbound
lane, a 12 feet wide shared left-turn/through lane, and a 14 feet wide dedicated right-turn lane.
23. Construct a 28 feet wide driveway approach in accordance with City of Palm Springs Standard
Drawing No. 205. The centerline of the driveway approach shall be located approximately 295
feet east of the centerline of South Palm Canyon Drive, as shown on the approved site plan.
24. Construct a Type C curb ramp meeting current California State Accessibility standards on each
side of the driveway approach in accordance with City of Palm Springs Standard Drawing No.
214. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is
provided across the driveway, and shall adjust the location of the access ramps, if necessary, to
meet ADA guidelines, subject to the approval of the City Engineer and ADA Coordinator. If
necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a
path of travel meeting ADA guidelines.
25. Construct an 8 feet wide sidewalk behind the curb from South Plan Canyon to the Mesquite
driveway and a 5 foot side walk from the driveway to Random Road in accordance with City of
Palm Springs Standard Drawing No. 210.
26. Construct a Type A curb ramp meeting current California State Accessibility standards at the
northwest comer of the intersection of Mesquite Avenue and Random Road in accordance with
City of Palm Springs Standard Drawing No. 212.
27. 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 or existing gutter to clean sawcut edge of pavement
where required. 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.
28. Ail broken or off grade street improvements shall be repaired or replaced.
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RANDOM ROAD
29. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City
of Palm Springs Standard Drawing No. 210.
30. Construct a 20 feet wide driveway approach in accordance with City of Palm Springs Standard
Drawing No. 201. The centerline of the driveway approach shall be located approximately 305
feet north of the centerline of Mesquite Avenue, aligned with San Lorenzo Road. Access shall be
limited to emergency access only. The access shall be gated and lasked with a
. An O ticom or Tomar system or approved
ee ual) for automatic operation by emergency vehicles with uninterrupted Power supply (battery
back-up), shall be installed for the entry gates meeting theback-up)' shall be installed for the entry gates meeting approval of the Fire Marshall.
the Fire Marshall
31. All broken or off grade street improvements shall be repaired or replaced.
ON-SITE PRIVATE STREETS
32. The on-site layout of streets and parking spaces is subject to further review and approval by the
City Engineer. Adjustment of proposed street alignments, and deletion or relocation of proposed
parking spaces may be required during review of construction plans for on-site improvements
during final engineering, as required by the City Engineer. Approval of the preliminary site plan
does not constitute approval of the on-site layout of streets and parking spaces as proposed.
33. Dedicate an easement extending from back of curb to back of curb to the City of Palm Springs for
service and emergency vehicles and personnel access over the private streets.
34. All two-way on-site streets shall be a minimum of 24 feet wide (as measured from curb face or
edge of travel way).
35, All on-site streets shall be constructed with concrete wedge curbs and cross-gutters as necessary
to accept and convey on-site storrnwater runoff to the on-site storm drain system, in accordance
with applicable City Standards.
36, Construct pavement with a minimum pavement section of 2'/z inches asphalt concrete pavement
over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative
compaction, or equal. If an alternative pavement section is proposed, the proposed pavement
section shall be designed by a California registered Geotechnical Engineer using "R" values from
the project site and submitted to the City Engineer for approval.
37. Parking shall be restricted along both sides of the on-site streets, as necessary to maintain a
minimum 24 feet wide clear two-way travel way. Regulatory Type R26 "No Parking" signs or red
curb shall be installed along the private streets as necessary to enforce parking restrictions. The
Home Owners Association (HOA) shall be responsible for regulating and maintaining required no
parking restrictions, which shall be included in Covenants, Conditions, and Restrictions (CC&R's)
required for the development.
38. Proposed parking spaces located on Lot 'E" shall be deleted. Lot "E" shall be provided as a
minimum 20 feet wide emergency access driveway to Random Road, as required by the Fire
Marshall.
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38A. An accessible pedestrian path of travel shall be provided throughout the development, as may be
required by applicable state and federal laws. An accessible path of travel shall be constructed of
Portland cement concrete, unless alternative materials meeting state and federal accessibility
standards is approved by the City Engineer.
SANITARY SEWER
39. All sanitary facilities shall be connected to the public sewer system.
40, All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA).
Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be
included in the Covenants, Conditions and Restrictions(CC&R's) required for this project.
41. An on-site private sewer system shall be constructed to collect sewage from the development and
connect to the existing public sewer system. Sewer plans shall be submitted to the Engineering
Division for review and approval. Private on-site sewer mains shall conform to City sewer design
standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes.
Sewer manhole covers shall be identified as "Private Sewer". A profile view of the on-site private
sewer mains is not necessary provided sufficient invert information is provided in the plan view,
including elevations with conflicting utility lines. Connection of the on-site private sewer system to
the public sewer main shall be made as a standard lateral connection into the existing public
sewer mains located in Mesquite Avenue and Random Road in accordance with City of Palm
Springs Standard Drawing No. 405. Plans for sewers other than the private on-site sewer mains,
i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject
to separate review and approval by the Building Division.
GRADING
42. Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer or
qualified Architect 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 Certificates) of Completion from AQMD for staff
that has completed the required training. For information on attending a Fugitive Dust Control
Class and information on the Coachella Valley Fugitive Dust Control Handbook and related
"PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov.
A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control
Handbook, shall be submitted to and approved by the Engineering Division prior to approval of
the Precise Grading and Paving Plan.
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Planning Commission Resolution No. 6399 May 14, 2014
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b. The first submittal of the Precise Grading and Paving Plan shall include the following
information: a copy of final approved conformed copy of Conditions of Approval; a copy of the
approved tentative tract map; a copy of current Title Report; a copy of Soils Report; and a
copy of the associated Hydrology Study/Report.
42C. In accordance with an approved PM-10 Dust Control Plan, perimeter fencing shall be installed.
Fencing shall have screening that is tan in color; green screening will not be allowed. Perimeter
fencing shall be installed after issuance of Grading Permit, and immediately prior to
commencement of grading operations.
42D. 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 ground to resist wind loading.
42E. 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.
42F. 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 Ague Caliente Band of Cahuilla Indians,
Tribal Historic Preservation Officer or Tribal ArchaeologisL 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.
43. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water
from entering the public streets, roadways, or gutters.
44. A
Notice of Intent to comply with California General Construction
Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2 20091 is
required for the proaosed development via the California Regional Water QuafitV Control Board
online SMARTS system. A copy of the executed fetter issuing a Waste Discharge Identification
(WDID)number shall be provided to the City Engineer prior to issuance of a grading permit
44A. Projects causing soil disturbance of one acre or more, must comply with either the General Permit
for Stormwater Discharges Associated with Construction Activity or the General Permit for
Stormwater Discharges Associated with Construction Activity from Small Linear
Underground/Overhead Projects, and shall prepare and implement a stormwater pollution
prevention plan (SWPPP). A copy of the up-to-date SWPPP shall be kept at the project site and
be available for review upon request.
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Planning Commission Resolu n No. 6399 May 14, 2014
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45. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h) 8.50.025 (s), the
applicant shall post with the City a cash bond of two thousand dollars ($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.
46. 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 BuildiRg
Bepa4MeSt and to the Engineering Division with the first submittal of a grading plan (if required)
or prior to issuance of any permit approval of Grading Plan.
46A. 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. No certificate of occupancy will be issued until the required
certification is provided to the City Engineer.
46B. The applicant shall provide pad elevation certifications for all building pads in conformance with
the approved grading plan, to the Engineering Division prior to construction of any building
foundation.
47. 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
48. All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable
to the City Engineer and released to Palm Springs Master Storm Drain Line 29 through an on-site
storm drain system. Stormwater runoff may not be released directly to Storm Drain Line 29 or
adjacent streets without first intercepting and treating with approved Best Management Practices
(BMP's).
49. Provisions for the interception of nuisance water from entering adjacent public streets from the
project site shall be provided through the use of a minor storm drain system that collects and
conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff
condition, pass runoff directly to the streets through parkway or under sidewalk drains.
50, The on-site storm drain system, including storm drain pipe sizing, catch basin sizing and other
specifications for construction of required on-site storm drainage improvements shall be finalized
in a Hydrology Report, subject to review and approval by the City Engineer,for this development.
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Planning Commission Resolution No. 6399 May 14, 2014
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51. Submit storm drain for all tans improvement
p p on-site private storm drain improvements for review
and approval by the City Engineer.
52. Construct storm drainage improvements, including but not limited to, catch basins and storm drain
lines, for drainage of the development into Storm Drain Line 29, subject to the review and
approval by the City of Palm Springs and Riverside County Flood Control District(RCFC).
53. The applicant shall construct Palm Springs Master Storm Drain Line 29 from the Tahquitz Creek
outlet extending up Random Road to Mesquite Avenue. The applicant shall coordinate with
Riverside County Flood Control District (RCFC)for the design and installation of Storm Drain Line
29, including associated catch basins and storm drain connector pipes, along both sides of
Random Road up to the intersection with Mesquite Avenue. The construction of Storm Drain Line
29 shall be completed prior to issuance of a certificate of occupancy, unless otherwise allowed by
the City Engineer.
54. The project shall wig be required to install measures in accordance with applicable National
Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included
as art of the NPDES Permit issued ssued 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 wig 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).
55. All on-site storm drain systems shall be privately maintained by a Homeowners Association
(HOA). Provisions for maintenance of the on-site storm drain systems acceptable to the City
Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this
project.
55A. This project will 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, will 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).
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' Planning Commission Resolution No. 6399 May 14, 2014
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GENERAL
56. 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 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.
56A. 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 or the Tribal Archaeologist at (760)
699-6800, 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.
57. All proposed utility lines shall be installed underground.
58_ In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and
proposed electrical lines of thirty-five thousand volts or less and overhead service drop
conductors, and all gas, telephone, television cable service, and similar service wires or lines,
which are on-site, abutting, and/or transacting, shall be installed underground unless specific
restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission,
and service requirements published by the utilities. A detailed plan approved by the owner(s) of
the affected utilities depicting all above ground facilities in the area of the project to be
undergrounded, shall be submitted to the Engineering Division prior to approval of any grading
plan. The existing overhead utilities across the north property line meet the requirement to be
Installed underground. Utility undergrounding shall extend to the nearest off-site power pole; no
new power poles shall be installed unless otherwise approved by the City Engineer. A letter from
the owners of the affected utilities shall be submitted to the Engineering Division prior to approval
of a grading plan, informing the City that they have been notified of the City's utility
undergrounding requirement and their intent to commence design of utility undergrounding plans.
When available, the utility undergrounding plan shall be submitted to the Engineering Division
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Planning Commission Resolution No.6399 May 14, 2014
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identifying all above ground facilities in the area of the project to be undergrounded. Utility
undergrounding shall be shall be completed prior to issuance of a certificate of occupancy.
59. All existing utilities shall be shown on the grading/street plans. The existing and proposed service
laterals shall be shown from the main line to the property line.
60. 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) and 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.
61. The original improvement plans prepared for the proposed development and approved by the City
Engineer shall be documented with record drawing "as-built" information and returned to the
Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes
to approved improvement plans shall be submitted to the City Engineer for approval prior to
construction.
62. 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.
63. 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 per City of Palm Springs Standard
Drawing No. 904.
63A. This property is subject to the Coachella Valley Multiple Species Habitat Conservation Plan Local
Development Mitigation fee (CVMSHCP-LDMF). The LDMF shall be paid prior to issuance of
Building Permit.
MAP
64. 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.
65. 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.
66. 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
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Planning Commission Resole ion No. 6399 May 14, 2014
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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
drawing file), DGN (Microstalion 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
67. The applicant shall install traffic calming measures as approved by the City Engineer and the
neighborhood, including but not limited to, an entrance statement, monument sign, or other
features, at the intersection of Mesquite Avenue and Random Road.
68. Relocate and modify the existing traffic signal at the intersection of South Palm Canyon Drive and
Mesquite Avenue, in conjunction with the associated widening of South Palm Canyon Drive. The
applicant shall submit traffic signal modification plans prepared by a California registered Civil
Engineer or Traffic Engineer for review and approval by the City Engineer. The traffic signal shall
be installed and operational prior to issuance of a Certificate of Occupancy, unless otherwise
allowed by the City Engineer.
69. Install a traffic signal at the intersection of South Palm Canyon Drive and the Main Entry. The
applicant shall submit traffic signal installation plans prepared by a California registered Civil
Engineer or Traffic Engineer for review and approval by the City Engineer. The traffic signal shall
be installed and operational prior to issuance of a Certificate of Occupancy, unless otherwise
allowed by the City Engineer. The applicant shall be responsible for 100% of the cost to design
and install the traffic signal; however, the applicant's fair share cost of this improvement is 50%.
Any other developer's fair share costs that the City may receive for this traffic signal may be
reimbursed to the applicant subject to the terms of a reimbursement agreement, up to a maximum
of 50% of the total cost.
70. If reimbursement of costs associated with traffic mitigation measures 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, and its approval is not guaranteed nor implied
by this condition.
71. Install traffic striping and signage improvements at the intersection of South Palm Canyon Drive
and Mesquite Avenue to provide a 12 feet wide westbound left-turn lane, and a 14 feet wide
exclusive westbound right-tum lane. Parking shall be prohibited along the north side of Mesquite
Avenue, west of the Mesquite Avenue driveway. Submit traffic striping and signage plans to the
City Engineer for review and approval. Required traffic striping and signage improvements shall
be completed prior to issuance of a certificate of occupancy.
72. A minimum of 48 inches of clearance shall be provided on public sidewalks for handicap
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• Planning Commission Resolution No.6399 May 14, 2014
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accessibility. 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 South Palm Canyon Drive,
Mesquite Avenue, and Random Road frontages of the subject property.
73. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, and
striping associated with the proposed development shall be replaced as required by the City
Engineer prior to issuance of a Certificate of Occupancy.
74. Submit traffic striping plans for South Palm Canyon Drive and Mesquite Avenue, prepared by a
California registered civil engineer, for review and approval by the City Engineer. All required
traffic striping and signage improvements shall be completed in conjunction with required street
improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of
occupancy.
75, Install a 24 inch stop sign, stop bar, and"STOP" legend for traffic exiting the development a
the secondary driveway on South Palm Canyon Drive and the Mesquite Avenue driveway, in
accordance with City of Palm Springs Standard Drawing Nos. 620-625 and 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, as required by the City Engineer.
76. Install stop controls at on-site street intersections, as required by the City Engineer.
77. A decorative street light shall be provided as part of the Mesquite Avenue and Random Road
intersection traffic calming program, to the satisfaction of the Director of Planning and City
Engineer. The applicant shall be responsible for providing and maintaining electrical service to
the decorative street light.
78. 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 SeptembW 26, 2906, or subsequent editions in force at the time of construction.
79. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to
issuance of building permit.
END OF CONDITIONS
20 52
CITY OF PALM SPRINGS
BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS
FOR SETTING OF MONUMENTS
WHEREAS, the City Council of the City of Palm Springs, State of California, and
RREF-DC Cameron LLC, a California Limited Liability Company (hereinafter designated
as "Principal") have entered into an agreement whereby Principal agrees to set certain
survey monuments, which said agreement, dated _, 2015, and
identified as Tract Mao 33575 , is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said Agreement to
furnish a bond for the faithful performance of said Agreement and the payment of the
engineer or surveyor for the setting of said monuments.
NOW THEREFORE, we, the Principal, and as
Surety, are held and firmly bound unto the City of Palm Springs (hereinafter called
"City"), and all contractors, subcontractors, laborers, materialmen, and other persons
employed in the performance of the aforesaid Agreement with respect to the setting of
monuments, in the penal sum of nine thousand five hundred dollars ($ g 5. 00.00), lawful
money of the United States, for materials furnished or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to such work or
labor, and for the completion of said setting of monuments, that said surety will pay the
same in an amount not exceeding the amount hereinabove set forth, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, successors,
executors and administrators, jointly and severally, firmly by these presents.
It is hereby expressly stipulated and agreed that this bond shall inure to the
benefit of any and all persons, companies and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
The condition of this obligation is such that if the above bonded Principal, his or
its heirs, executors, administrators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants, conditions and
provisions in the said Agreement respecting the setting of monuments and any
alteration thereof made as therein provided, on his or their part to be kept and
performed at the time and in the manner therein specified, and in all respects according
to their true intent and meaning, and shall indemnify and save harmless the City of Palm
Springs, its officers, agents and employees, as therein stipulated, and shall have
provided to the City evidence that the engineer or surveyor, and all said contractors,
subcontractors, laborers, materialmen, and other persons employed in the performance
of the aforesaid Agreement with respect to the setting of monuments, have been paid
for the setting of monuments, then this obligation becomes null and void; otherwise it
shall be and remain in full force and effect.
53
Monumentation Bond
Page 2
As a part of the obligation secured hereby and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by the City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be performed
thereunder or the specifications accompanying the same shall in any way affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the work or to the
specifications.
(Signatures on Next Page)
54
Monumentation Bond
Page 3
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on 2015.
SUBDIVIDER:
RREF-DC Cameron LLC, a California Limited Liability Company
Check one: _Individual_Partnership_Corporation" d Company
"Note, for Corporations, two corporate officers must sign this document, 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)
SURETY
By: By:
(Surety Name) Attorney-in-Fact
(All Signatures Shall Be Notarized)
55
CITY OF PALM SPRINGS
BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS
WHEREAS, the City Council of the City of Palm Springs, State of California, and
RREF-DC Cameron LLC, a California Limited Liability Company (hereinafter designated
as "Principal") have entered into an agreement whereby Principal agrees to install and
complete certain designated public improvements, which said agreement, dated
_, 2015, and identified as Tract Mao 33575 is hereby referred
to and made a part hereof; and
WHEREAS, Principal is required under the terms of said Agreement to maintain
and guarantee the costs or repair and/or replacement of defective materials or defective
workmanship in such improvements, which guarantee shall remain in effect for a period
of one (1) year from date of acceptance of work by the City of Palm Springs (hereinafter
called "City'), and to furnish a bond for the faithful performance of said Agreement and
the payment of all contractors, subcontractors, laborers, materialmen, and other persons
employed in the performance of any such maintenance and warranty work.
WHEREAS, Principal has completed said work and the City has accepted, or
substantially concurrently herewith is accepting, said work, subject to the requirement of
delivery of this obligation.
NOW THEREFORE, we, the Principal, and as
Surety, are held and firmly bound unto the City, and all contractors, subcontractors,
laborers, materialmen, and other persons employed in the performance of the aforesaid
Agreement, for one (1) year from and after the date of completion and acceptance of
said work, in the penal sum of nine hundred thousand dollars ($ 900,000.00), lawful
money of the United States, for replacement and repair of any and all defective materials
or defective workmanship within said improvements, and the payment of all materials
furnished or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor in connection with any such
maintenance or warranty, that said surety will pay the same in an amount not exceeding
the amount hereinabove set forth, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators, jointly
and severally, firmly by these presents.
It is hereby expressly stipulated and agreed that this bond shall inure to the
benefit of any and all persons, companies and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
The condition of this obligation is such that if the above bonded Principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and provisions
in the said Agreement respecting the repair and replacement of defective workmanship
and materials thereof made as therein provided, on his or their part to be kept and
56
Maintenance & Warranty Bond
Page 2
performed at the time and in the manner therein specified, and in all respects save
harmless the City of Palm Springs, its officers, agents and employees, as therein
stipulated, then this obligation becomes null and void; otherwise it shall be and remain in
full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by the City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Agreement or to the work to be performed
thereunder or the specifications accompanying the same shall in anyway affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the work or to the
specifications.
(Signatures on Next Page)
57 'I
Maintenance &Warranty Bond
Page 3
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on , 2015.
SUBDIVIDER:
RREF-DC Cameron LLC, a California Limited Liability Company
Check one: _Individual_Partnership _Corporation'_Company
'Note, for Corporations, two corporate officers must sign this document, 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)
SURETY
By: BY:
(Surety Name) Attorney-in-Fact
(All Signatures Shall Be Notarized)
58
CITY OF PALM SPRINGS
FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Palm Springs, State of California, and
RREF-DC Cameron LLC, a California Limited Liability Company (herein designated as
"Principal") have entered into an agreement whereby Principal agrees to install and
complete certain designated public improvements, which said agreement, dated
2015, and identified as Tract Mao 33575, hereby
referred to and made a part hereof; and
WHEREAS, Principal is required under the terms of said agreement to furnish a
bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and as
Surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"), in
the penal sum of six million dollars ($ 6,000,000.00 ) lawful money of the United States,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally, firmly by these
presents.
The condition of this obligation is such that if the above bounded principal, his or
its heirs, executors, administrators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants, conditions and
provisions in the said agreement and any alteration thereof made as therein provided,
on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City of Palm Springs, its officers, agents and
employees, as therein stipulated, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by the City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be performed
thereunder or the specifications accompanying the same shall in anywise affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
59
Performance Bond
Page 2
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on 2015.
SUBDIVIDER:
RREF-DC Cameron LLC, a California Limited Liability Company
Check one: _Individual_Partnership_Corporation'_Company
'Note, for Corporations, two corporate officers must sign this document, 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)
SURETY
By: BY:
(Surety Name) Attorney-in-Fact
(All Signatures Shall Be Notarized)
60
CITY OF PALM SPRINGS
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Palm Springs, State of California, and
RREF-DC Cameron LLC, a California Limited Liability Company (hereinafter designated
as "Principal") have entered into an agreement whereby Principal agrees to install and
complete certain designated public improvements, which said agreement, dated
2015, and identified as Tract Map 33575 is hereby
referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, principal is required before
entering upon the performance of the work, to file a good and sufficient payment bond
with the City of Palm Springs to secure the claims to which reference is made in Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of
California.
NOW, THEREFORE, Principal and the undersigned as corporate surety, are held
firmly bound unto the City of Palm Springs and all contractors, subcontractors, laborers,
materialmen and other persons employed in the performance of the aforesaid agreement
and referred to in the aforesaid Civil Code in the sum of three million dollars
($3,000,000.00 ), for materials furnished or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Act with respect to such work or labor, that said
surety will pay the same in an amount not exceeding the amount hereinabove set forth,
and also in case suit is brought upon this bond, will pay, in addition to the face amount
thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the City in successfully enforcing such obligation, to be awarded and fixed by
the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the
benefit of any and all persons, companies and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of said agreement or the specifications accompanying
the same shall in any manner affect its obligations on this bond, and it does hereby
waive notice of any such change, extension, alteration or addition.
61
Labor& Materials Bond
Page 2
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on , 2015.
SUBDIVIDER:
RREF-DC Cameron LLC, a California Limited Liability Company
Check one: _Individual _Partnership_Corporation` _Company
'Note, for Corporations, two corporate officers must sign this document, 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)
SURETY
By: BY:
(Surety Name) Attorney-in-Fact
(All Signatures Shall Be Notarized)
62
ATTACHMENT 4
63
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING TRACT MAP NO. 33575 AND
ASSOCIATED SUBDIVISION IMPROVEMENT
AGREEMENT WITH RREF II DC CAMERON, LLC,
A CALIFORNIA LIMITED LIABILITY COMPANY,
FOR PROPERTY LOCATED AT THE NORTHEAST
CORNER OF SOUTH PALM CANYON DRIVE AND
MESQUITE AVENUE, IN SECTION 23, TOWNSHIP
4 SOUTH, RANGE 4 EAST
WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of
October 12, 2005 recommended approval of Tentative Tract Map 33575, subject to
conditions; and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City'), at its
meeting of July 12, 2006 approved Tentative Tract Map 33575 subject to conditions;
and
WHEREAS, RREF II DC Cameron, LLC, (hereinafter the "Subdivider'), has filed Tract
Map No. 33575 with the City in accordance with Section 66458 of the California
Government Code; and
WHEREAS, the Subdivider offers for dedication to the City of Palm Springs: Lots "B",
"C", and "D" for street and public utility purposes. In addition, the Subdivider will allow
easements for public utility purposes (PUE) and sidewalk purposes together with the
right of ingress and egress for service and emergency vehicles and personnel, over
portions of Lots "A", 1" and "4" all shown on Tract Map 33575; and
WHEREAS, required public improvements have not been completed by the
Subdivider as of the filing of Tract Map 33575, 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.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Tract Map 33575 is in substantial conformance with approved Tentative
Tract Map 33575.
Section 2. Tract Map 33575 is in conformance with the General Plan.
64
Section 3. Tract Map 33575 conforms to all requirements of the Subdivision Map Act
of the State of California.
Section 4. In accordance with Section 66477.1 of the California Government Code,
the offers of dedication to the public on Tract Map 33575 shall be
accepted by the City Clerk, subject to improvement, who shall certify
acceptance by signature on the map thereof.
Section 5. The City Council hereby approves a Subdivision Improvement Agreement
for Tract Map 33575 with the Subdivider, and accepts subdivision
improvement securities in conformance with the requirements therein for
public improvements.
Section 6. The City Manager is hereby authorized to execute the Subdivision
Improvement Agreement with the Subdivider.
Section 7. The City Clerk shall cause to have recorded the Subdivision Improvement
Agreement with the Riverside County Recorder.
Section 8. Requisite conditions associated with Tentative Tract Map 33575 have
been satisfied, or will be satisfied pursuant to the Subdivision
Improvement Agreement for Tract Map 33575 approved herewith.
Section 9. Tract Map 33575 is hereby approved for purposes therein defined.
ADOPTED THIS 15th day of July, 2015.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
65
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on July 15, 2015 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
66
Dear Mayor and City Council, July 13, 2015
The picture above was taken today from the South Palm Canyon bridge at the Tahquitz Creek. I want to
make sure you were aware this view is on your agenda on Wednesday,July 15th. The left side of the
picture is 4B and the right side of the picture is 21.
4B TAHQUITZ CREEK TRIANGLE GATEWAY
With your YES vote on Wednesday this section of the Tahquitz Creek Trail appears to be headed to final
approval and work can begin. This will include a continuation of the trail from South Palm Canyon to
Calle Palo Fierro along with improved landscaping. Most important that existing asphalt gully will
become a storm water feature to hold back the pollution and allow only cleaner water into the Tahquitz
Creek. I strongly urge you to please vote YES on 4B.
21 APPROVAL OF TRACT MAP 33575 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH RRER II-DC
CAMERON,LLC...
I am thankful we have a developer willing to move forward on the Cameron project also located on
South Palm Canyon between the Tahquitz Creek and Mesquite Avenue. The developer, Davidson of Del
Mar, purchased an approved plan from 2006 four years before you,Mayor and City Council,
unanimously approved the Tahquitz Creek Master Plan on March 17, 2010. I'm told the developer does
not have to comply with the master plan. I testified at the June 241h Planning Commission meeting to
make Planning Commissioners aware of items included in the master plan that the developer could
voluntarily complete as a public benefit. There will be a meeting with the developer regarding Tahquitz
Creek Master Plan alignment on July 23rd. I hope this and recent movement of the construction fence is
an indication of their willingness to complete the following(page numbers are from the staff report
from the March 17, 2010 council meeting when the Tahquitz Creek Master Plan was unanimously
approved):
Page 25 shows the Cameron/Davidson property with the word"intersection".This is the perfect spot
for maps,way-finding, regulatory, natural or cultural history interpretive signage.
Page 34 shows a "seating node"at the NE corner of the Cameron/Davidson property. This spot was
chosen due to the church at this location that was designed by modernist architect Albert Frey. We also
see the trial(Orange in color) which follows the northern property boundary with landscaping
7146
improvements along the way west to South Palm Canyon Drive. I'd like to remind you the Maroon
colored trail on the left side is 4B on your agenda.
ONE1A O1lVd O'i'IVJ
f
m�
On page 36 it states community members are in favor of maintaining a buffer between the trails and the
homes. An example of a natural buffer is pictured below.
r
r
�r
yN Stove 2' 2' 1 B' 22'
WAIL use trail & tanascspe
RCFCD ^ccess
The quote from Page 36 is the following: "Buffering should occur in the form of a natural appearing
berm, undulating between ground level and approximately four feet in height. Visual openings should
be maintained in order to retain the opportunity for visual surveillance. Native plants and large native
rock and boulder material should also provide screening."
On page 39 bollards are discussed as an alternative to the existing flood control gates.
On page 48 a community meeting that was held on February 23, 2008 is discussed where 45 community
members signed in. Question: Please indicate your FIRST trail priority. Answer: Soft surface (crushed
fines) 12'wide pathway on the south side—22 votes. This earned the most votes with the second
choice receiving only 7 votes. This is what should become of the existing Riverside County Flood Control
District road at this location.
Page 50 talks about a second community meeting where 25 community members attended and agreed
the south side can be softer with more natural materials which emphasize the feeling of bringing the
elements of the canyon down into the valley.
This is what is important to the residents and I hope these items are still important to you. Please
reinforce this when you approve of 21 on Wednesday.
Thank you,
Bill Post
Tahquitz Creek Yacht Club Founder
Warm Sands Resident
WARREN D. WILLIAMS 1995 MARKET STREET
General Manager-Chief Engineer RIVERSIDE,CA 92501
951.955.1200
FAX 951.788.9965
www.reflood.org
201762
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
January 11,2016
City of Palm Springs
Department of Planning and Building
3200 East Tahquitz Canyon Way
Palm Springs,CA 92262
Attention: James Thompson
Ladies and Gentlemen: Re: Tract 33575 Case 5.1056,PDD 356
The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The
District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood hazard
reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest
to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which
could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees
(development mitigation fees). In addition, information of a general nature is provided.
The District has not reviewed the proposed project in detail and the following comments do not in any way constitute or
imply District approval or endorsement of the proposed project with respect to flood hazard,public health and safety or any
other such issue:
1. This project involves District Master Plan facilities. The District will accept ownership of such facilities on
written request of the City. Facilities must be constructed to District standards, and District plan check and
inspection will be required for District acceptance. Plan check, inspection and administrative fees will be
required for Palm Springs Line 29.
2. An encroachment permit shall be obtained for any construction related activities occurring within District
right of way or facilities. For further information, contact the Districts encroachment permit section at
951.955.1266 regarding Tahquitz Channel.
GENERAL INFORMATION
This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water
Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has
determined that the project has been granted a.permit or is shown to be exempt.
If this project involves a Federal Emergency Management Agency (FEMA) mapped floodplain, then the City should
require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements,
and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading,
recordation or other final approval of the project, and a Letter of Map Revision(LOMR)prior to occupancy.
If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain a
Section 1602 Agreement from the California Department of Fish and Game and a Clean Water Act Section 404 Permit
from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt
from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local
California Regional Water Quality Control Board prior to issuance of the Corps 404 permit.
Very truly yours,
"YO
Engineering Project Manager
c: Riverside County Planning Department
Attn: Kristi Lovelady
SKM:bIm