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�441folt City Council Staff Report
.JUNE 7, 2006 UNFINISHED BUSINESS
Subject: APPROVAL OF FINAL MAP 33542 AND A SUBDIVISION
IMPROVEMENT AGREEMENT WITH VIA ESCUELA LAND PARTNERS,
LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR A ONE LOT
TRACT MAP FOR CONDOMINIUM PURPOSES, LOCATED AT 2003
NORTH PALM CANYON DRIVE, IN SECTION 3, TOWNSHIP 4 SOUTH,
RANGE 4 EAST
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Coachella Valley Engineers, Inc., representing Via Escuela Land Partners, LLC, a
Delaware Limited Liability Company, has prepared a Final Map for subdivision of
property into a one lot Tract Map for condominium purposes located at 2003 North Palm
Canyon Drive, in Section 3, Township 4 South, Range 4 East. Approval of the final map
will allow the map to be recorded, and building permits to be issued for future
construction of the 12 condominium units proposed within this development. This is
merely an administerial action, as required by the Municipal Code and the Subdivision
Map Act.
RECOMMENDATION:
1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 33542 FOR
PROPERTY LOCATED AT 2003 NORTH PALM CANYON DRIVE, IN SECTION
3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION
IMPROVEMENT AGREEMENT WITH VIA ESCUELA LAND PARTNERS, LLC,
A DELAWARE LIMITED LIABILITY COMPANY;" and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
Coachella Valley Engineers, Inc., representing Via Escuela Land Partners, LLC, a
Delaware Limited Liability Company, submitted Final Map 33542, requesting that the
Item No. T• A •
City Council Staff Report
June 7, 2006 - Page 2
Final Map 33542
property located at 2003 North Palm Canyon Drive, in Section 3, Township 4 South,
Range 4 East, be subdivided into a one lot Tract Map for condominium purposes on a
1.57 gross acre site. At its meeting of July 13, 2005, the Planning Commission
recommended approval of Tentative Tract Map 33542, which was subsequently
approved by the City Council, subject to conditions, on September 7, 2005.
As part of the City Council's conditional approval of Tentative Tract Map 33542 was the
inclusion of a requirement to construct a new bus turn-out and amenities at the existing
bus stop located at the southwest corner of North Palm Canyon Drive and Via Escuela.
The applicant has requested the City Council's approval to delete this requirement from
the project, and this request is scheduled for separate consideration as a Public Hearing
Item. Two final maps have been prepared to facilitate the applicant's request to
proceed without delay with final map approval while the concurrent process to have the
bus-turn out requirement reconsidered by City Council. Depending upon the City
Council's decision to maintain the requirement or delete the requirement to construct a
bus turn-out, a final rnap has been prepared to facilitate either decision. Two
Resolutions have been prepared, with the only difference between the two being the
reference in one to the dedication of an easement to the City for the bus turn-out,
should the requirement remain a condition of this project.
It has been determined that required conditions have been satisfied, that Final Map
33542 is in substantial conformance with the approved Tentative Tract Map, and that
Final Map 33542 is ready for City Council approval.
FISCAL IMPACT: IFinance Director Review: '
None.
David J. Barakian Thomas J. son
Director of Public Works/City Engineer Assistant Ci y Manager
David H. Ready, CitkMa-rfger
ATTACHMENTS:
1. Map
2. Subdivision Agreement
3. Resolutions (2) — One to be adopted depending upon separate Council action
ATTACHMENT
FINAL MAP 33542
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TRACT MAP NO. 33542
FOR CONDOMINIUM PURPOSES
GEAPHIC SCALE G• A SUSDINSION OF LOT 1 OF LOT LINE ACVSTMENT NC L86-0,, RECORDED AUGUST d, 1990,
AS INST. NO. 286231, BEING A PCR27ON OF THE SOUTHEAST QUARTER j114) OF
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r +� COACHELLA VALLEY ENGINEERS, INC' MAY, 2006
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ATTACHMENT
SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
VIA ESCUELA LAND PARTNERS, LLC
A DELAWARE LIMITED LIABILITY COMPANY
TABLE OF CONTENTS
1. Construction Obligations......................................................................................2
1.1 Works of Improvement...............................................................................1
1.2 Other Obligations Referenced in Conditions of
Tentative Map Approval .............................................................................2
1.3 Intent of Plans............................................................................................2
1.4 Survey Monuments ....................................................................................2
1.5 Performance of Work .................................................................................2
1.6 Changes in the Work..................................................................................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...................................................................................................3
1.12 Compliance with Law.................................................................................4
1.13 Suspension of Work...................................................................................4
1.14 Final Acceptance of Works of Improvement...............................................4
2. Time for Performance ...........................................................................................4
2.1 Commencement and Completion Dates ....................................................4
2.2 Phasing Requirements...............................................................................5
2.3 Force Majeure............................................................................................5
2.4 Continuous Work........................................................................................5
2.5 Reversion to Acreage.................................................................................5
2.6 Time of the Essence ..................................................................................6
Labor.,....................... .............. ............................................................................6
3.1 Labor Standards.........................................................................................6
3.2 Nondiscrimination.......................................................................................6
3.3 Licensed Contractors .................................................................................6
3.4 Workers' Compensation.............................................................................6
4. Security.................................................................................................................6
4.1 Required Security.......................................................................................6
4.2 Form of Security Instruments .....................................................................7
4.3 Subdivider's Liability...................................................................................8
4.4 Letters of Credit..........................................................................................8
4.5 Release of Security Instruments ................................................................9
1
5. Cost of Construction and Provision of Inspection
Service..................................................................................................................9
5.1 Subdivider Responsible for All Related Costs of
Construction...............................................................................................9
5.2 Payment to City for Cost of Related Inspection
and Engineering Services ........................................................................10
13. Acceptance of Offers of Dedication..................................................................... 10
7. Warranty of Work................................................................................................10
8. Default ................................................................................................................10
8.1 Remedies Not Exclusive ..........................................................................10
8.2 City Right to Perform Work.......................................................................10
8.3 Attorney's Fees and Costs .......................................................................11
fl. Indemnity............................................................................................................11
10 General Provisions..............................................................................................11
10.1 Successors and Assigns..........................................................................11
10.2. No Third Party Beneficiaries.....................................................................11
10.3 Entire Agreement; Waivers and Amendments .........................................12
11. Corporate Authority.............................................................................................12
2
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this day of , 2006, by and between the
CITY OF PALM SPRINGS, a California charter city of the State of California ("CITY"),
and VIA ESCUELA LAND PARTNERS, LLC, a Delaware Limited Liability Company
(Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 33542, 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 an easement for public utility purposes; and an easement for
pedestrian access and sidewalk purposes, all as shown on the Final Map. City desires
to accept the public dedication as shown on the final map, and certain other
improvements described in this Agreement.
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
1
water, sanitary sewer and other improvements (herein sometimes collectively referred
to as the "Works of Improvement"), as the same may be supplemented and revised
from time to time as set forth herein (said plans and specifications, together with all
related documents, are referred to herein as the "Plans"). The estimated construction
cost for the Works of Improvement is $605,600.00.
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In
addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the
Tentative Map for the Property. The conditions of approval associated with the Tentative
Map are included as Exhibit "B" attached hereto.
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to
prescribe a complete work of improvement which Subdivider shall perform or cause to
be performed in a manner acceptable to the City Engineer (or his/her designee) and in
full compliance with all codes -and the terms of this Agreement. Subdivider shall
complete a functional or operable improvement or facility, even though the Plans may
riot 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 Mon uments.----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.
2
1.6 Changes in the Work. The City Engineer, without invalidating this
,Agreement and without notification to any of the sureties or financial institutions
referenced in Paragraph 4, may order extra work or may make changes by altering or
deleting any portion of the Works of Improvement as specified herein or as deemed
necessary or desirable by the City Engineer as determined necessary to accomplish the
purposes of this Agreement and to protect the public health, safety, or welfare. The City
Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction
Notice) at the time a determination has been made to require changes in the work. No
field changes performed or proposed by Subdivider or its contractor shall be binding on
City unless approved in writing by the City Engineer.
1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct,
replace, or otherwise make acceptable any work found by the City Engineer to be
defective.
1.8 No Warranty by City. The Plans for the Works of Improvement have been
prepared by or on behalf of Subdivider or its consultants or contractors, and City makes
no representation or warranty, express or implied, to Subdivider or to any other person
regarding the adequacy of the Plans or related documents.
1.9 Authority of the City Engineer. In addition to the authority granted to the
City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to
decide all questions which may arise as to the quality and acceptability of materials
furnished and work performed, and all questions as to the satisfactory and acceptable
fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor.
1.10 Documents Available at the Site. Subdivider shall cause its contractor to
keep a copy of all approved Plans at the job site and shall give access thereto to the
City's inspectors and engineers at all times.
1.11 Inspection. Subdivider shall have an authorized representative on the job
site at all times during which work is being done who has full authority to act for
--- —.__—Subdivider, or its design engineer,-and-Subdivader-'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.
3
The inspection of the work by City shall not relieve Subdivider or the contractor of
any obligations to fulfill this Agreement as herein provided, and unsuitable materials or
work may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
1.12 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
Improvement to be completed in accordance with all other applicable federal, state, and
local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1 A 4 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 (I!) complete or cause to be completed all of the Works of Improvement two
Le cars 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
4
designee. Extension of time may be granted upon mutual agreement of the City
Engineer and Subdivider, either verbally or in writing, as required by the City Engineer
or his designee.
2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City
reserves the right to control and regulate the phasing of completion of specific Works of
Improvement as required to comply with applicable City ordinances, regulations, and
rules relating to the timely provision of public services and facilities. In addition to
whatever other remedies City may have for Subdivider's failure to satisfy such phasing
requirements, as the same now exist or may be amended from time to time, Subdivider
acknowledges City's right to withhold the issuance of further building permits on the
Property until such phasing requirements are satisfied. Prior to issuance of building
permits, Subdivider shall provide satisfactory evidence that all applicable requirements
that are a condition to issuance of building permits have been satisfied. Such
requirements may include the payment of fees, construction of improvements, or both.
Final inspections or issuance of Certificates of Occupancy may be withheld from the
Subdivider by the City, if, upon a determination by the City Engineer or his designee,
completion of specific Works of Improvements or other requirements associated with
the development of the Property have not been completed to his satisfaction.
2.3 Force Maieure. Notwithstanding the provisions of Section 2.1, Subdivider's
time for commencement and completion of the Works of Improvement shall be
extended for the period of any enforced delay caused due to circumstances beyond the
control and without the fault of Subdivider, including to the extent applicable adverse
weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a
public agency (including City), required changes to the scope of work required by City,
and similar causes; provided, however, that the period of any enforced delay hereunder
shall not include any period longer than five (5) days prior to City's receipt of a written
notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a
right to extend its time for performance hereunder. City Engineer shall evaluate all
claims to Force Majeure and his decision shall be final.
2.4—Continuous-Work. After commencement of-construction-of-the Works of
Improvement (or separate portion thereof), Subdivider shall cause such work to be
diligently pursued to completion, and shall not abandon the work for a consecutive
period or more than thirty (30) days, events of Force Majeure excepted.
2.5 Reversion to Acreage. In addition to whatever other rights City may have
due to Subdivider's failure to timely perform its obligations hereunder, Subdivider
recognizes that City reserves the right to revert the Property to acreage subject to the
limitations and requirements set forth in California Government Code Sections
66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of
Improvement have not been completed on or before the later of two (2) years from the
date of this Agreement or within the time allowed herein, whichever is the later, and if
City thereafter initiates proceedings to revert the Property to acreage, pursuant to
5
Government Code Section 66499.16 Subdivider hereby consents to reversion and
agrees that any improvements made by or on behalf of Subdivider shall not be
considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. Time is of the essence of Subdivider's performance
of all of its obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of California Department of Labor.
3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor
performing any of the Works of Improvement shall discriminate against any employee or
prospective employee with respect to such work in hiring, promotion, seniority, or any
other terms and conditions of employment on the grounds of race, creed, color, national
origin, ancestry, religion, sex, or marital status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California and
shall cause each such contractor and subcontractor to submit to City a Certificate of
Insurance verifying such coverage prior to such contractor or subcontractor entering
onto the job site.
4. Securit . ---- -- -- ---
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
$605,600.00 equal to 100% of the estimated construction cost referenced in Section
1.1.
(ii) A Security Instrument guaranteeing the payment to contractors,
subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor
and Materials Security Instrument") with respect to the Works of Improvement in an
amount equal to $302,800.00 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 $1,000.00 equal to 100% of the
cost thereof.
This Agreement shall not be effective for any purpose until such Security
Instruments are supplied to and approved by City in accordance herewith. --
(b) Required Security Instrument for Maintenance and Warranty. Prior to the
City Council's acceptance of the Works of Improvement and recordation of a Notice of
Completion, Subdivider shall deliver a Security Instrument warranting the work accepted
for a period of one (1) year following said acceptance ("Maintenance and Warranty
Security Instrument"), in the amount of--$90,840.00 equal to 15% of the estimated
construction cost set forth in Section 1.1 or a suitable amount determined by the City
E=ngineer.
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 Securoty 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)
7
days prior to the date of expiration of any such letter of credit and shall further be
subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of
Credit, any Instrument of Credit shall be an assignment of deposit account assigning as
security to City all of Subdivider's interest in funds on deposit in one or more bank
accounts with financial institutions acceptable to City.
(d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the
City of Palm Springs, State of California (and the Security Instrument shall so provide).
- (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 Agreementwithout 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.
8
(b) In the event of draw by the City on a letter of credit, the City may elect, in its
sole and absolute discretion, to apply any such funds drawn to the obligations secured
by such letter of credit or to hold such funds in an account under the control of the City,
with no interest accruing thereon for the benefit of the Subdivider. If the City elects to
hold the funds in an account pursuant to the foregoing, City may thereafter at any time
elect instead to apply such funds as provided in the foregoing. Subdivider agrees and
hereby grants City a security interest in such account to the extent required for City to
realize on its interests therein and agrees to execute and deliver to City any other
documents requested by City in order to evidence the creation and perfection of City's
security interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor
and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of
satisfaction of all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument;
and
(iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims
have been timely filed, City shall hold the Labor and Materials Security Instrument until
such claims have been resolved, Subdivider has provided a statutory bond, or otherwise
as required by applicable law.
--(b)---C—ity-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.
9
5.2 Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its
authorized representative make the usual and customary inspections of the Works of
Improvement. In addition, Subdivider shall compensate City for all design, plan check,
evaluating any proposed or agreed-upon changes in the work. The procedures for
deposit and payment of such fees shall be as established by the City Council. In no
event shall Subdivider be entitled to additional inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as
appropriate resolution or resolutions accepting all offers of dedication shown on the Map
for the Property, with acceptance to become effective upon completion and acceptance
by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to
execute the Certificate made a part of the Map regarding said acceptance of the offer of
dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement
against defective materials and workmanship for a period of one (1) year from the date
of final acceptance. If any of the Works of Improvement should fail or prove defective
within said one (1) year period due to any reason other than improper maintenance, or if
any settlement of fill or backfill occurs, or should any portion of the Works of
Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15)
days after written notice of such defects, or within such shorter time as may reasonably
be determined by the City in the event of emergency, shall commence to repair or
replace the same together with any other work which may be damaged or displaced in
so doing. Should Subdivider fail to remedy defective material and/or workmanship or
make replacements or repairs within the period of time set forth above, City may make
such repairs and replacements and the actual cost of the required labor and materials
shall be chargeable to and payable by Subdivider. The warranty provided herein shall
not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise
imposed by law.---- -- - — --
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City for a default by Subdivider hereunder, such remedy shall be in
addition to, and not exclusive of, City's right to pursue any other administrative, legal, or
equitable remedy to which it may by entitled.
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
10
default from City, or thereafter Subdivider shall fail to diligently and continuously pursue
the cure of any such default to completion, City shall have the right to enter into the
Property and perform any of the uncompleted work by force account or contract or both
and thereupon recover from Subdivider or any Security Instrument, or both, the full cost
and expense thereby incurred by City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any
obligation under this Agreement, Subdivider agrees to pay all costs and expenses
incurred by City in securing performance of such obligations, including costs of suit and
reasonable attorney's fees. In the event of any dispute arising out of Subdivider's
performance of its obligations under this Agreement or under any of the Security
Instruments referenced herein, the prevailing party in such action, in addition to any
other relief which may be granted, shall be entitled to recover its reasonable attorney's
fees and costs. Such attorney's fees and cost shall include fees and costs on any
appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all
other reasonable costs incurred in investigating such action, taking depositions and
discovery, retaining expert witnesses, and all other necessary and related costs with
respect to the litigation. All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not the action is
prosecuted to judgment.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's
failure to perform the construction and installation of the Works of Improvement in
accordance with the requirements contained or referenced in this Agreement. Said
indemnity obligation shall apply to personal injury, death, property damage, economic
loss, and any other monetary damage or penalty to which City may be subjected,
including without limitation, attorney's fees and costs and the costs of realizing on any
Security Instrument provided by Subdivider pursuant to the terms hereof. Such
indemnity obligation shall not extend to any loss resulting from City's sole negligence or
willful misconduct.
10. General Provisions.
10.1 Successors and Assigns. This Agreement shall be binding upon all
successors and assigns to Subdivider's right, title, and interest in and to the Property
and any portion thereof.
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only
the parties hereto and their respective successors and assigns. Neither City nor
Subdivider intend to create any third party beneficiary rights in this Agreement in any
contractor, subcontractor, member of the general public, or other person or entity.
11
10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates
all of the terms and conditions mentioned herein, or incidental hereto, and supersedes
all negotiations and previous agreements between the parties with respect to all or part
of the subject matter hereof, except as may be expressly provided herein. All waivers of
the provisions of this Agreement must be in writing and signed by an authorized
representative of the party to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
11. Corporate Authority.The persons executing this Agreement on behalf of
the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are
(July authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into of this Agreement does not violate any provisions
of any other Agreement to which said party is bound.
(Signatures on Next Page)
12
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
By_
James Thompson, City Clerk David H. Ready, City Manager
STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED BY:
David Barakian, City Engineer
SUBDIVIDER:
VIA ESCUELA LAND PARTNERS, LLC, a California Limited Liability Company
Check one: _Individual_Partnership_Corporation*r Company
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
Suture (notarized) Signature (notarized)
Name: Mark Dupont Name:
Title: Managing Member 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 fallowing: Chairman of the Roard, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
13
Mailing Address:
Via Escuela Land Partners, LLC
50-855 Washington St. Suite 204
La Quinta, CA 92253
(760) 900-8889
(760) 323-0402 (fax)
14
ALL-PURPOSE ACKNOWLEDGMENT
State of Ual 1 A)r r1 I� . CAPACITY CLAIMED BY
County of V, Y-Stci & SIGNER
On M(n4 -3 e 7-t)0 (n before me,
mate Name, Title of Officer ❑ INDIVIDUAL(S)
personally appeared ❑CORPORATE
NAME(S) OF SIGNER(S) OFFICER(S)
❑ personally known to me- OR- TITLE(S)
❑ proved to me on the basis of satisfactory evidence to be the oPARTNER(S)
persons(s) whose name(s) is/are subscribed to the within ❑ATTORNEY-IN-FACT
instrument and acknowledged to me that he/she/they executed oTRUSTEE(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. BGNIA L. GUTIEBREZ '
N ..� Comm.k 14728I
NOTARY PUBLIC-CALIFOANIA
A.EX Ins
SIGNER IS REPRESENTING:
Comm. Ex Tres FEB.1
Signature of Nota
SLmm.. OUT
T2813 IEgii'EZ
rN •_� Co rr^s
RY LIC-CALIFORNIA �1
side County
y Com -a
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 `� ba.Ly 15l (� n1rc'v e -'tifi
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages i DATE OF DOCUMENT 'z2 - 3 - Q 6
DESCRIBED AT RIGHT:
Signer(s Other Than Named Above
15
EXHIBIT "A"
TRACT MAP 33542 LEGAL DESCRIPTION
Tract Map No. 33542, as recorded in Map Book_, Pages through inclusive, records
of Riverside County, California.
16
EXHIBIT "B"
TENTATIVE TRACT MAP 33542 CONDITIONS OF APPROVAL
17
MrhVVFV o ._
Resolution No. 21387
` 6 Page
9 �- � tiprRaVEo BY'CITY COUNEIL
3 N',tlal�
EXHIBIT ACONDITIONS
e—
CONDITIONS OF APPROVAL twlutlon +� Ordthanoe
('FRow SNJECT TO ALL fimos
CASE TTM33542 -TENTATIVE TRACT MAP Q001110tts sY &SWE e00
CASE 5.1038 PD-310 - PLANNED DEVELOPMENT DISTRICT
VIA ESCUELA LAND PARTNERS, LLC
SOUTHWEST CORNER OF VIA ESCUELA AND NORTH PALM CANYON DRIVE
SEPTEMBER 7, 2005
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the
Fire Chief or their designee, depending on which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
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 TTM33542 — Tentative Tract Map and Case
5.1038— Planned Development District 310. 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 properly owner(s) and successors and assignees in interest shall maintain and
repair the improvements including and without limitation sidewalks, bikeways,
Resolution No. 21387
Page 7
parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences
between the curb and property line, including sidewalk or bikeway easement areas that
extend onto private property, in a first class condition, free from waste and debris, and
in accordance with all applicable law, rules, ordinances and regulations of all federal,
state, and local bodies and agencies having jurisdiction at the property owner's sole
expense. This condition shall be included in the recorded covenant agreement for the
property if required by the City.
4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding
public art. The project shall either provide public art or payment of an in lieu fee. In the
case of the in-lieu fee, the fee shall be based upon the total building permit valuation as
calculated pursuant to the valuation table in the Uniform Building Code, the fee being
1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total
building permit valuation for individual single-family units exempt. Should the public art
be located on the project site, said location-shall be reviewed and approved by the
Director of Planning and Zoning and the Public Arts Commission, and the property
owner shall enter into a recorded agreement to maintain the art work and protect the
public rights of access and viewing.
5. 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 fee shall be collected by the Planning Services
Department.
6. The Project will bring additional residents to the community. The City's existing public
safety and recreation services, including police protection, criminal justice, fire
protection and suppression, ambulance, paramedic, and other safety services and
recreation, library, cultural services are near capacity. Accordingly, the City may
determine to form a Community Services_Districtunder the authority of Government C._-- ---
- "-"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
appropriato study and shall not exceed $500 annually with a consumer price index
escalator. The district shall be formed prior to sale of any lots or a covenant agreement
shall be recorded against each parcel, permitting incorporation of the parcel in the
district.
CC&R's
7. 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
approval of a final map. The CC&R's shall be enforceable by the City, shall not be
Resolution No. 21387
Page 8
amended without City approval, shall require maintenance of all property in a good
condition and in accordance with all ordinances,
8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$2,000, for 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.
Cultural Resources
9. 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.
110.The project area has the possibility of buried resources. 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 Monitors) shall
be present during all ground disturbing activities including clearing and
grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact
the Agua Caliente Band of Cahuilla Indian Cultural Office for additional
information on the use and availability of Cultural Resource Monitors. Should
buried cultural deposits be encountered, the Monitor shall contact the
Director of Planning Services and after the consultation the Director shall
have the authority to halt 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 and Zoning
Department prior to final inspection.
Final Design
12. Final landscaping, irrigation, exterior lighting, fencing plans and landscaping on the
street design 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. Additional landscaping 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
Resolution No. 21387
Page 9
facilities districts must be approved by the Public Works Directorand the Director of
Parks and Recreation.
13. 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 & Zoning 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.
GENERAL CONDITIONS/CODE REQUIREMENTS
14. The Planned Development District 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.
115. If the use of the subject property is ever changed, the City reserves the right to
modify or revoke this Tentative Tract Map and/or Planned Development District
application.
16. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application for Final Landscape Document
Package to the Director of Planning and Zoning for review and approval prior to the
issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for
specific requirements.
17. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall
be submitted and approved by the Building Official. Refer to Chapter 8.50 of the
Municipal Code for specific requirements.
18. The grading plan shall show the disposition of all cut and fill materials. Limits of site
disturbance_shall_.be shown and all disturbed areas—shall -be—fully—restored or
landscaped.
19. Separate architectural approval and permits shall be required .for all signs. A
detailed sign program shall be submitted for review and approval by the Planning
Commission prior to issuance of building permits.
20. All materials on the flat portions of the roof shall be earth tone in color.
21. All awnings shall be maintained and periodically cleaned.
22. 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
Resolution No. 21387
Page 10
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.
23. 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.
24. Perimeter walls shall be designed, installed and maintained in compliance with the
corner cutback requirements as required in Section 9302.00.D.
:25. 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.
26. The street address numbering/lettering shall not exceed eight inches in height:
27. Construction of any residential unit shall meet minimum soundproofing
requirements prescribed pursuant to Section 1092 and related sections of Title 25 of
the Califomia Administrative Code. Compliance shall be demonstrated to the
satisfaction of the Director of Building and Safety.
28. Submit plans meeting City standard for approval on the proposed trash and
recyclable materials enclosure prior to issuance of a building permit.
29. Details of pool fencing (material and color) and equipment area shall be submitted
with final landscape plan.
30. No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems.
31. No outside storage of any kind shall be permitted except as approved as a part of
the proposed plan.
32. '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.
33. 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 transformer(s) must be adequately and decoratively
screened.
34. The applicant shall provide all tenants with Conditions of Approval of this project.
Resolution No. 21387
Page 12
(Major Thoroughfare) architectural columns at
28.5 feet
Side Yard 24 feet along south 10 feet*
roe line
20 feet alongVia Escuela 16.5 feet*
Rear Yard 24 feet along west property 10.5 feet at building
line. height of 12 feet
24 feet at building height
of 23.5 feet
Buildin Distance 15 feet 10.5 to 13.5 feet*
Parking 24 covered 24 covered
Requirements
3 guest parking 12 guest parking
POLICE DEPARTMENT _--
45. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT
46. Prior to any construction on-site, all appropriate permits must be secured.
FIRE DEPARTMENT
47. Shall comply with all Fire Department codes and regulations
ENGINEERING DEPARTMENT
The Engineering Division recommends that if this application is approved, such approval is
subject to the following conditions being completed in compliance with City standards and
ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
STREETS
48. Any improvements within the publlc right-of-way require a City of Palm Springs
Encroachment Permit.
49. Applicant shall obtain State permits and approval of plans for all work done on State
Highway 111. A copy of Caltrans requirements shall be submitted to the City
Engineer prior to the issuance of any grading or building permits.
50. NORTH PALM CANYON DRIVE
Resolution No. 21387
Page 13
51. Construct a 170-feet long by 12-feet wide bus turn out at the southwest comer of
North Palm Canyon Drive and Via Escuela. Construction of a bus stop shelter shall
be required, with a design compatible to project architecture as approved by Sunline
Transit Agency and the Director of Planning Services. Bus stop furniture and other
accessories, as required by Sunline Transit Agency, shall be provided by the
developer.
52. Remove the existing curb returns at the northwest and southwest comers of the
intersection of North Palm Canyon Drive and Via Escuela and construct new curb
returns with spandrels in accordance with City of Palm Springs Standard Drawing
No. 206.
53. Construct a 6 feet wide cross-gutter across the west side of the intersection of North
Palm Canyon Drive at Via Escuela in accordance with City of Palm Springs
Standard Drawing No. 200.
54. Check the operation of the irrigation and electrical lighting system for the existing
palm trees located along the frontage of the property in consultation with the Parks
and Recreation Department, and make necessary repairs as directed by the
Director of Parks and Recreation.
55. All broken or off grade street improvements shall be repaired or replaced.
VIA ESCOELA
56. Construct a 24 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 88 feet west of the east property line as shown on the
approved site plan.
57. The entry shall not be gated. Insufficient space is provided for safe turn-around of
_- __ - _.- vehicles unable to enter the project. — -- -- —
58. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
59. All broken or off grade street improvements shall be repaired or replaced.
ON-.SITE
60. All on-site private driveways, drive aisles, parking areas and other common access
areas shall be constructed in accordance with the approved site plan. All drive
aisles shall have a 24 feet minimum width.
y
Resolution No. 21387
Page 14
61. Construct curbs, curb and gutter, and cross-gutters as necessary to accept and
convey on-site stormwater runoff to on-site detention basins and/or parkways, in
accordance with applicable City Standards.
62. Construct 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, through the full width of the travel way (a
minimum of 24 feet wide excluding the gutter at the centerline). 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.
63. Parking shall be prohibited along the private street except for designated parking
areas.
SANITARY SEWER
64. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
6f5. An on-site_pdvate sewer system shall collect sewage from the development and
connect to the public sewer system in North Palm Canyon Drive. 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. A profile view of the on-
site private sewer mains are not necessary provided sufficient invert information is
indicated on the plan view, including elevations with conflicting utility lines.
Connection of the on-site private sewer system to the public sewer main shall be
connected as a lateral and not to an existing manhole or with a new manhole.
Plans for sewers other than the private mains, (i.e. building sewers and laterals from
the buildings to the on-site private sewer mains), are subject to review and approval
by the Building Division.
66. 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.
67. A minimum 10 feet wide easement for sewer purposes shall be reserved on the final
map for the benefit of the Home Owners Association across the southeast corner of
the property, within the area designated for Unit 7, as necessary to facilitate
construction of the on-site sewer system and connection to the public sewer main in
North Palm Canyon Drive. The building no. 7 will require adjustments to the
landscaping and pool features in the southwest corner of the site.
Resolution No. 21387 1
Page 15
GRADING
68. Submit a Precise Grading 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 Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading
contractor and submitted to the Engineering Division for review and approval. The
applicant and/or its grading contractor shall be required to comply with Chapter 8.50
of the City of Palm Springs Municipal Code, and shall be required to utilize one or
more "Coachella Valley Best Available Control Measures" as identified in the
Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such
that the applicable performance standards are met. The applicant's or its
contractor's Fugitive Dust Control Plan shall be prepared by staff. that has
completed the South Coast Air Quality Management District (AQMD) Coachella
Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall
provide the Engineering Division with current and valid Certificate(s) of Completion
from AQMD for staff that have completed the required training. For information on
attending a Fugitive Dust Control Class and information on the Coachella Valley
Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please
contact Elio Torrealba at AQMD at (9G9) 396-3752, or at etorrealba@AQMD.gov. A
Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust
Control Handbook, shall be submitted to and approved by the Engineering Division
prior to approval of the Grading plan.
The first submittal of the Grading Plan shall include the following information: a
copy of final approved conformed copy of Conditions of Approval; a copy of a final
approved conformed copy of the Site Plan; a copy of current Title Report; a copy of
Soils Report; and a copy of the associated Hydrology Study/Report.
69. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutter_s._ ___-
70. A National Pollutant Discharge Elimination System (NPDES) stormwater permit,
issued from the California Regional Water Quality Control Board (Phone No. 760-
346-7491) is required for the proposed development. A copy of the executed permit
shall be provided to the City Engineer prior to approval of a Grading Plan.
71. In accordance with City of Pahn Springs Municipal Code, Section 8.50.025 (c), the
developer shall post with the City a cash bond of two thousand dollars ($2,000.00)
per disturbed acre for mitigation measures for erosion/blowsand relating to this
property and development.
7Z A soils report prepared by a California registered Geotechnical Engineer shall be
required for and incorporated as an integral part of the grading plan for the
Resolution No. 21387
Page 16
proposed development. A copy of the soils report shall be submitted to the Building
Department and to the Engineering Division prior to approval of the Grading Plan.
73. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent To
Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The
California Department of Food and Agriculture office is located at 73-710 Fred
Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
74. All stormwater runoff passing through the site shall be accepted and conveyed
across the property in a manner acceptable to the City Engineer. For all stormwater
runoff falling on the site, on-site retention or other facilities approved by the City
Engineer shall be required to contain the increased stormwater runoff generated by
the development of the property. Provide a hydrology study to determine the volume
of increased stormwater runoff due to development of the site, and to determine
required stormwater runoff mitigation measures for the proposed development.
Final retention basin sizing and other stormwater runoff mitigation measures shall
be determined upon review and approval of the hydrology study by the City
Engineer and may require redesign or changes to site configuration or layout
consistent with the findings of the final hydrology study. No more than 40-50% of
the street frontage parkway/setback areas should be designed as retention basins.
On-site open space, in conjunction with dry wells and other subsurface drainage
solutions should be considered as ,alternatives to using landscaped parkways for
on-site retention.
75. 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
adjacent to North Palm Canyon Drive and Via Escuela, and in only a stormwater
runoff condition, pass runoff directly to the streets through parkway or under
sidewalk drains.
76. The project is subject to flood control and drainage implomentation fees. The
acreage drainage fee at the present time is $6,511.00 per acre per Resolution No.
16189. Fees shall be paid prior to issuance of a building permit.
77. Easements for drainage purposes shall be reserved on the final map for the benefit
of the Home Owners Association across the southeast corner of the property, within
the area designated for Unit 7, as necessary to facilitate construction of the on-site
dralnage system with overflow to North Palm Canyon Drive. The building no. 7 will
Resolution No. 21387
Page 17
require adjustments to the landscaping and pool features in the southwest comer of
the site.
GENERAL
78. 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.
79. All proposed utility lines shall be installed underground.
80. All existing utilities shall be shown on the grading plans. The existing and proposed
service laterals shall be shown from the main line to the property line.
81. 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.
82'. - In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all
existing and proposed electrical lines of thlrty-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 transecting,
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 west property line meet the requirement to
-----be installed underground. -- -
83. Contact Whitewater Mutual Water Company to determine impacts to any existing
water lines and other facilities that may be located within the property. Make
appropriate arrangements to protect in place or relocate any existing Whitewater
Mutual Water Company facilities that are impacted by the development. A letter of
approval for relocated or adjusted facilities from Whitewater Mutual Water Company
shall be submitted to the Engineering Division prior to issuance of a grading permit.
84. Nothing shall be constructed or planted In the corner cut-off area of any driveway
which does or will exceed the height required to maintain an appropriate sight
distance per City of Palm Springs Zoning Code Section 93.02.00, D.
Resolution No. 21387
Page 18
85. 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.
MAP
86. 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.
87. Easements for sewer and drainage purposes shall be reserved on the final map for
the benefit of the Home Owners Association, as required by these conditions.
TRAFFIC
88. All damaged, destroyed, or modified pavement legends and striping associated with
the proposed development shall be replaced as required by the City Engineer prior
to issuance of a Certificate of Occupancy.
89. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development onto Via Escuela in accordance with City of Palm Springs Standard
Drawing Nos. 620-625.
90. Construction signing, lighting and barricading shall be provided for on all projects as
required by City Standards or as directed by the City Engineer. As a minimum, all
construction signing, lighting and barricading shall be in accordance with State of
California, Department of Transportation, "Manual of Traffic Controls for
Construction and Maintenance Work Zones" dated 1996, or subsequent additions in
--force-at-the-time of construction. - - --
91. This property is subject to the Transportation Uniform Mitigation Fee which shall be
paid prior to issuance of building permit.
92. A fair share contribution for the installation of a future traffic signal at the
intersection of North Palm Canyon Drive and Via Escuela shall be made to the City.
The amount has determined by the City Engineer from data provided In a traffic
study prepared by George Dunn. Engineering, revised December 11, 2003, and
using estimated peak Hour traffic volumes generated by the proposed development.
The fair share contribution is $572. Payment shall be made prior to approval of a
final map.
ATTACHMENT
RESOLUTION
(Note to be adopted if City Council denies the applicant's request to delete Condition of
Approval 51 — a requirement to construct a bus turn-out).
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP
33542 FOR PROPERTY LOCATED AT 2003 NORTH PALM
CANYON DRIVE, IN SECTION 3, TOWNSHIP 4 SOUTH,
RANGE 4 EAST, AND APPROVING A SUBDIVISION
IMPROVEMENT AGREEMENT WITH VIA ESCUELA LAND
PARTNERS, LLC, A DELAWARE LIMITED LIABILITY
COMPANY
WHEREAS, the Planning Commission, at its meeting of July 13, 2005, recommended
approval of Tentative Tract Map 33542, prepared by Coachella Valley Engineers, Inc.,
representing Via Escuela Land Partners, LLC, a Delaware Limited Liability Company,
for the ,above described property; and
WHEREAS, the City Council at its meeting of September 7, 2005, approved Tentative
Tract Map 33542 subject to conditions; and
WHEREAS, the owner offers for dedication to the City of Palm Springs an easement for
public utility purposes; and an easement for pedestrian access and sidewalk purposes,
all as shown on the Final Map.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
1. That Final Map 33542 is in substantial conformance with approved Tentative
-tract Map 33542; and
2. That requisite conditions associated with Tentative Tract Map 33542 have been
satisfied; and
3. That Final Map 33542 is in conformance with the General Plan; and
4. That Final Map 33542 conforms to all requirements of the Subdivision Map Act of
the State of California; and
5. That all offers of dedication to the public on Final Map 33542 shall be accepted
by the City Clerk of the City of Palm Springs; and
6. That the City Manager is hereby authorized to enter into a Subdivision
Improvement Agreement with the subdivider and to accept subdivision
improvement security in conformance with the requirements therein for
construction of required public improvements; and
7. That the City Clerk shall cause to have recorded with the Riverside County
Recorder the Subdivision Improvement Agreement; and
8. That Final Map 33542 is hereby approved for purposes therein defined.
Resolution No.
Page 2
ADOPTED THIS 7th day of June, 2006.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on June 7, 2006, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAN:
James Thompson, City Clerk
City of Palm Springs, California
ATTACHMENT
RESOLUTION
(Note to be adopted if City Council approves the applicant's request to delete Condition
of Approval 51 — a requirement to construct a bus turn-out).
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP
33542 FOR PROPERTY LOCATED AT 2003 NORTH PALM
CANYON DRIVE, IN SECTION 3, TOWNSHIP 4 SOUTH,
RANGE 4 EAST, AND APPROVING A SUBDIVISION
IMPROVEMENT AGREEMENT WITH VIA ESCUELA LAND
PARTNERS, LLC, A DELAWARF_ LIMITED LIABILITY
COMPANY
WHEREAS, the Planning Commission, at its meeting of July 13, 2005, recommended
approval of Tentative Tract Map 33542, prepared by Coachella Valley Engineers, Inc.,
representing Via Escuela Land Partners, LLC, a Delaware Limited Liability Company,
for the ,above described property; and
WHEREAS, the City Council at its meeting of September 7, 2005, approved Tentative
Tract Map 33542 subject to conditions; and
WHEREAS, the owner offers for dedication to the City of Palm Springs an easement for
public utility purposes as shown on the Final Map.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
1. That Final Map 33542 is in substantial conformance with approved Tentative
Tract Map 33542; and
2. That requisite conditions associated with Tentative Tract Map 33542 have been
satisfied; and
3. That Final Map 33542 is in conformance with the General Plan; and
4. That Final Map 33542 conforms to all requirements of the Subdivision Map Act of
the State of California; and
5. That all offers of dedication to the public on Final Map 33542 shall be accepted
by the City Clerk of the City of Palm Springs; and
6. That the City Manager is hereby authorized to enter into a Subdivision
Improvement Agreement with the subdivider and to accept subdivision
improvement security in conformance with the requirements therein for
construction of required public improvements; and
7. That the City Clerk shall cause to have recorded with the Riverside County
Recorder the Subdivision Improvement Agreement; and
8. That Final Map 33542 is hereby approved for purposes therein defined.
Resolution No.
Page 2
ADOPTED THIS 7th day of June, 2006.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on June 7, 2006, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California