HomeMy WebLinkAbout5/4/2005 - STAFF REPORTS (11) CITY COUNCIL May 4, 2005
CONSENT CALENDAR
Subject: FINAL MAP 32233-4
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY:
MSA Consulting, Inc., representing Palm Springs Classic, LLC, a Delaware
Limited Liability Company, has prepared a Final Map for subdivision of property
into 59 single family home lots located along the east side of Gene Autry Trail,
south of Vista Chino, in Section 7, Township 4 South, Range 5 East. Approval of
the final map will allow the map to be recorded, and building permits to be issued
for future construction of the 59 single family home residential lots (subject to
future architectural review and approval by the City) proposed within this
development. This is merely an administerial action, as required by the
Municipal Code and the Subdivision Map Act. This final map represents the
fourth phase of the Palm Springs Classic development, now know as "Escena
Palm Springs".
RECOMMENDATION:
Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 32233-4
FOR PROPERTY LOCATED ALONG THE EAST SIDE OF GENE AUTRY
TRAIL, SOUTH OF VISTA CHINO, IN SECTION 7, TOWNSHIP 4 SOUTH,
RANGE 5 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT
AGREEMENT WITH PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED
LIABILITY COMPANY."
STAFF ANALYSIS:
MSA Consulting, Inc., representing Palm Springs Classic, LLC, a Delaware
Limited Liability Company, submitted Final Map 32233-4, requesting that the
property located along the east side of Gene Autry Trail, south of Vista Chino, in
Section 7, Township 4 South, Range 5 East, be subdivided into 59 single family
home lots on a 13.458 gross acre site. At its meeting of October 13, 2004, the
Planning Commission recommended approval of Tentative Tract Map 32233,
which was subsequently approved by the City Council, subject to conditions, on
November 17, 2004.
It has been determined that required conditions have been satisfied, that Final
Map 32233-4 is in substantial conformance with the approved Tentative Tract
Map, and that Final Map 32233-4 is ready for City Council approval.
Item No. 2 . J .
Submitted:
David J. Barakian
I
Director of Public Works/City Engineer
Approved:
David H. Ready
City Manager
ATTACHMENTS:
1. Map
2. Subdivision Agreement
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 1 OF 4 SHEETS
TRACTMAP NO. 32233-4 RECORDER'S STATEMENT
OWNER'S STATEMENTIN BEING A SUBDIVISION OF A PORTION OF SECTION 7, TLED IHIs_oar BLUE
E
F
TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M. MAPS AT PAGES T AT THE REQUEST OF
WE HEREBY STET:MAY VIE ME THE OWNERS OF SHE HAND INLWOFD WORLD ThE THE CITY CI£RK OF THE CRY OF PALM SPRINGS
suapcnsmN s.pWN HEREON.HUNT vIE ARE ThE ONLY PERSDNs vn,DSE coLSE1aE Is ID MSA CONSULTING, INC. SANITARY - 2NU5 NO
NECESSARY TO P]5S A CLEAR HOE TO BAD LAND. THAT WE CONSENT TO ME MAKING
AND RECORDING OF HUTS supDMSION AS SHOWN ALVIN THE DISTINCTIVE BORDER FINE FEE
WE MUSE
DEWS S TO PVBUC USE EDIT LONG COMPTAND
AID SEWER PURPOs'cs,
TARRY W.AWARD, COUNTY 0.55E4OR-CLERK-RECORGER
STREF GSEMIEND SHOWN as IS POE',ALONG AHo ADJACENT TO ALL PRrvATE
SREETs,AS sxoxry wIMIN THIS 1.NP ENGINEER'S STATEMENT BY DEPun
WE FOR
BEDICATE TO PUBLIC USE.OVEMENCE FOR PUBLIC UDIM OUR FEWER THIS MAN,.PREPAREA BY AE OR UNDER MY ORtECT SUPS Y.A.AND 1S GTE➢UPON A SUBDIVISION GUARANTEE BY NORM AIAERICAN TOLE COMPANY
PURPOSES.TOGETHER FIRX IS RIGHT OF INGRESS AND S.FOR STRNCE AND FELD SURVEY IN CONFORMANCE WITH ME REQUIREMENTS OF THE SUBDIVISION MAP ACT AND
EMERGENCY VEHICLES AND PERSONNEL.EVER OEM"A"THROUGH'0.INCLUSNE. LOCAL ORDINANCE AT THE REDDEST OF DOLLAR HOMES OF GUFORNI0.INC,IN NOVEMBER OF 2004
AS SHOWN WITHIN THUS I.AP
HEREBY SLATE MAT ALL MONUMENTS ARE OF THE CHAG IEre AND OCCUPY THE POSMONO TAX COLLECTOR'S CERTIFICATE
WE HEREBY RETAIN LOTS'A'THROUGH"0',INCLUSIVE.INDICATED AS'PRWARE STREETS" INBICAME,OR 1YILL BE IN ACCORDANCE WITH ME=I'S OF THE MONUMENT AGREEMENT FOR
FOR PRIVATE USE FOR THE SOLE 6ENEET OF OURSELVES.OUR SUCCESSORS.ASSIGNEES THE MAP,AND MAT SAD MONUMENT ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED
MR LOT pIMENA WMJC THIS AM I HEREBY STATE THAT THIS MIAP sUBSTANMLLY CONFORMS TO THE APPROVED OR CONCLUNALLY I HEREBY DEFTLY THAT ACCORDING TO THE RECORDS OF THIS OFFICE.AS OF THIS DATE
ME HERESY RETAIN FOR STORM DRAIN PURPOSES AN EASEMENT OVER THOSE EASEMENTS
APPROVED CONCEDE MAP.IF ANY THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE\YIYMN TAP FOR UNPAO
2 OJ SLATE,COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIE!ASSESSMENTS COLIELIEA AS
SHOWN AS"10'RUE,MR ME SOLE DENSITY OF OURSEI ES,OUR SUCCESSORS. DATER / FE6G/O�g TAXES EXCEPT TAXES OR SPECIAL ASSESSI.IEMS COLLECTED AN TAXES,NMI A LED BUT
ASSIGNEES AND LOT OFFERS WITHIN THIS MAP �/ ! aA0 NOT YET PAYABLE,WHICH ARE ESTIIMTED TO BE
LAID
ROBERrS B.S."RCE 26401 �EC26401 0
PALM SPRINGS CLASSIC, TLC, FARE 3/m/pe M l M PAUL LmppNNEu.COUNTY TAX COLLECTOR
A DEUWARE uuxfi0 unelLLrr cGLIPAxv {2 � I f2
BY: LENNAR HOMES OF GNJFORNA, NG, s°FOE CAI-\W°ASP lEPDIN
A GUFORNIA CORPORATION,MANAGING MEMBER
BY tcI CITY ENGINEERS STATEMENT
NAME nM 6AW� TrM V Vj ffjl ILofNF I HEREBY STATE THAT I HAVE FXAMINEE THE WITHIN EYE OF HALT MAP NO 3223E-t TAX BOND CERTIFICATE
LONS6nNG OF 4 SHEETS,MAY ME EUBDIVISOL SHOWN HEREON IS GUMGANTlkLLY THE I LEREBY cERnEY THAT A BOND IN THE sunH OF HAS BEEN EXEcurEO
MD,7 AS T APPEARED ON TOO
TATE SUE IVISI 0R M APp AND A Y MORCL ORUS THEREOF. ANT FEES WITH ME BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CAUFORNF\.
MET ALL PROVISOES OF THE ENTENTE SUBDIVISION MEN I. PAC!AND ANY BEEN ORDINANCES
APPLICABLE AT THE TME OF APPROVAL N OF TIE NIGk NE CMCAOG HAVE BEEN COUPLED V/RH, ANDCONDMOOEF UPON THE PAYMENT OF ELL TAXES STATE.COUNTY MUNICIPAL OR LOCAL,
AND THAT NA SAMSiIET IHAr SAD NAP 5 IECHNIGllLY COGGED, AND ALL SPECIAL ASSESSMENTS COLLECTED fA FAXES,WHICH AT ME TI.IE OF T NO OF
THE EM LE 1'/RHAID BOND
RECORDER<RE A UEN AGAINST SAID PROPERTY BUT NOT YET
pprFD M,OEm'Nu,. TEMPLE AND SAID BONG HPS BEEN DULY APPROVES By SAD BOARD OF SUPERVISORS
BENEFICIARY'S STATEMENT o M gg DAreO
SRY J PARAKwn RCE 2B9]1 DASH Ax RENT
CA TRUST
RECORDED FENDUNG LUMBER 29, A OELASIN RUMENTCONFORANCE.004-0862T PER DEED LILY ENGINEER IXP.3/]1/0] CANCY ROFIERO PAUL HEYONYTARNALL
COL
OF TRUSTECORD OCHOOSI 29,2004,AS INSTRUMENT FNT NO 2004-OSfi2642,OF Ne C-2993t LERH OF THE BOARD OF SUPERVISORS COUNT'TAX COLLECTOR
O FFICVL RECORDS OF RNFFSIOE LOUMY,CALIFORNIA � BY
�1/ I I LM._ y{� Y y{/ , DEPUTY OEPLIIY
BY M.TF ICI,•_� BY: SV,u �.W.✓L.
NLAaLKILv,DdlMf Tore ykmL RACE( x' '..Fg.mLe �1I e�.L CITY CLERK'S STATEMENT
L TAMES THOMPSON.Lltt CLERK AND Ex-OFFAL ASSESSOR OF THE Cm COUNCIL OF ME SOILS REPORT
CM OF PALM SPRINGS,SATE OF CALIFORNIA,HEREBY STAIR TIAT SAID CITY COUNCIL AT ITS
REVELER MEETING HEM GO IS Fly OF 20 , AD,
APPROVES ME VIIIXIN MAP OF IRMT FWP NO 3223]-4,AND DID ACCENT ME OEFR OF PURSUANT TO SECTION GrTO OF ME SUBDINSION NPR ACT,A PRELLMINARY SOTS
DEDICATION OF ME EASEMENTS SHOWN AS"TO'PUS',OFFERED FDR PUBUO POLLY ENS REPORT.PROAELT NO 94-05-]]9,TEE NO 09039-0]04-08-703,WAS PREPARED
SO'IER PURPOSES:ME EASEMENTS OVER LOTS"A'THROUGH '�.INLW OFFERED FOR OFFER FOR BY FART."BROWS SO.EST,FIT.1.21,1994,ME AMENDER..'A ST.ACT,
PUaIfO.11M AND B.I.PURPOSES,iEGEMOM WITH THE RIGHT OF]CLOSED AND FORMS AND IS ON FES WITH TME Llh Or PALM SPRINGS,ENGINEERING DEPARTMENT
BENEFICIARY'S STATEMENT MR DEFAME AND MERGENC VEnreLEs M0 PERSONNEL.AM AS DEDICATED AND SRONN
WITHIN IS.1
PS INVESTMENT COMPANY.ME.A MICHIGAN LR.IREO LIABWtt COMPANY.BENEFICIARY PER ME TENTAME MAP FOR SAD TRACT MAP WAS APPROVED BY NE Cltt COUNCIL AT ITS
DEED OF TRUST C..GLLD FEBRDMY 6,2D94,AS INSTRUMENT NO 2004-.MOD S OF REGUUR MEETING HELD ON THE 17M DAY OF NOVEMBER,2004 SIGNATURE OMISSIONS
OFFICIAL RECORDS Or RNERSOE COUNTY,CAMEROON,
BY OV MTED BY NONE
CRY CLERK pN0 IX-OFFICIO ASSESSOR OF ME
CITY COUNCIL OF TIE CITY OF PAUL SPRINGS
TNAAe At"GuwN THUS.Mb_4 t'�. ruble HITS:
- NOTARY'S ACKNOWLEDGMENT
F=�
J
SEE SHEET 2
J.N. 1609
TABLE OF CONTENTS
t
1.Construction Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.1 Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.2 Other Obligations Referenced in Conditions of
Tentative Map Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.3 Intent of Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.4 Survey Monuments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.5 Performance of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.6 Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.7 Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.8 No Warranty by City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.9 Authority of the City Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.10 Documents Available at the Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.11 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.12 Compliance with Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.13 Suspension of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.14 Final Acceptance of Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2. Time for Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.1 Commencement and Completion Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.2 Phasing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.3 Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.4 Continuous Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.5 Reversion to Acreage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.6 Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3. Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.1 Labor Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.2 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.3 Licensed Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.4 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4. Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.1 Required Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.2 Form of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.3 Subdivider's Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4.4 Letters of Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4.5 Release of Security Instruments . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5. Cost of Construction and Provision of Inspection
Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5.1 Subdivider Responsible for All Related Costs of
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 7
5.2 Payment to City for Cost of Related Inspection
and Engineering Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . 7
6. Acceptance of Offers of Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1
7. Warranty of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
i
j8. Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
I
8.1 Remedies Not Exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
j 8.2 City Right to Perform Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8.3 Attorney's Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9. Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10.1 Successors and Assigns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10.2 No Third Party Beneficiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10.3 Entire Agreement; Waivers and Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11. Corporate Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT(this "Agreement") is entered into this
day of 2005, by and between the CITY OF PALM SPRINGS,
a municipal corporation of the State of California ("CITY"), and PALM SPRINGS CLASSIC, LLC, a
i Delaware Limited Liability Company("Subdivider").
I
I RECITALS
i
j A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract
Map No. 32233-4, 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 easements for public utility and sewer purposes shown as "10, PUE", along and
adjacent to all private streets; and easements for public utility and sewer purposes, together with the
right of ingress and egress for service and emergency vehicles and personnel, over Lots"A"through
"D", inclusive; and City desires to accept said dedication and certain other improvements as
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 public dedications and other improvements, as described in this
Agreement, are a material consideration to City in approving the parcel map for the Property and
permitting development of the Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in
consideration of City's approving the Map for the Property and permitting development of the
Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.
1. Construction Obligations.
1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct
or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer
and other improvements(herein sometimes collectively referred to as the"Works of Improvement"),
as the same may be supplemented and revised from time to time as set forth herein(said plans and
specifications, together with all related documents, are referred to herein as the "Plans"). The
estimated construction cost for the Works of Improvement is $1,193,000.00.
1.2 Other Obliqations 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,
1
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
I
information necessary to carry out the full intent and meaning of the Plans, Subdivider or its
contractor shall immediately notify its design engineerwho will seek approval of the City Engineerfor
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
i shall be final.
i
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
i
made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing
i
after it has been stamped as approved.
1.4 Survey Monuments. Before final approval of street improvements,Subdivider will place
survey monument(s) as shown on the Map in accordance with the provisions of the State
Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall
provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the
monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of
the setting of said monument(s) and written proof of having paid the engineer or surveyor for the
setting of said monument(s).
1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials,
labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's
obligations under this Agreement.
1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and
without notification to any of the sureties or financial institutions referenced in Paragraph 4, may
order extra work or may make changes by altering or deleting any portion of the Works of
Improvement as specified herein or as deemed necessary or desirable by the City Engineer as
determined necessary to accomplish the 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 Citv 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.
2
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
i 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
i as may be directed which have not previously been inspected.After examination,the contractor shall
restore said portions of the work to the standards required hereunder. Inspection or supervision by
the City shall not be considered as direct control of the individual workmen on the job site. City's
inspector shall have the authority to stop any and all work not in accordance with the requirements
contained or referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or the contractor of any
obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be
rejected notwithstanding that such materials or work may have been previously overlooked or
accepted.
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) years 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
0,'2.11
3
City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his
i designee.
I
i 2.2 Phasinq Requirements. Notwithstanding the provisions of Section 2.1, City reserves
i 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
i 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 Acreaqe. In addition to whatever other rights City may have due to
Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City
reserves the right to revert the Property to acreage subject to the limitations and requirements set
forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider
agrees that if the Works of Improvement have not been completed on or before the later of two (2)
years from the date of this Agreement or within the time allowed herein, whichever is the later, and
if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government
Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements
made by or on behalf of Subdivider shall not be considered in determining City's authority to revert
the Property to acreage.
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.
4
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
i 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
i status.
i 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$1,193,000.00 equal to
100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and
other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security
Instrument")with respect to the Works of Improvement in an amount equal to$596,500.00 equal to
50% of the estimated construction cost referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as
required in Section 1.4 in the amount of$14,000.00 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 fora period of one(1)year following
said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of$178,950.00
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
0
5
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
I shall be an original separate unconditional, irrevocable, negotiable and transferable commercial
letter of credit issued by a financial institution with offices in the State of California acceptable to City.
Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the
City Engineer of the City that Subdivider is in default under its payment or performance obligations
hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty
(30)days prior to the date of expiration of any such letter of credit and shall further be subject to the
provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any
Instrument of Credit shall be an assignment of deposit account assigning as security to City all of
Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions
acceptable to City.
(d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with
respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm
Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline
for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than
Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of
Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and
without affecting the obligations under such Security Instrument.
4.3 Subdividers Liability. While no action of Subdivider shall be required in order for City
to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to
facilitate City's realization under any Security Instrument, and to take no action to prevent City from
such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or
the subsequent expiration of any Security Instrument or any failure by any surety or financial
institution to perform its obligations with respect thereto, Subdivider shall be personally liable for
performance under this Agreement and for payment of the cost of the labor and materials for the
improvements required to be constructed or installed hereby and shall, within ten (10) days after
written demand therefor, deliver to City such substitute security as City shall require satisfying the
requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to
draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1)
year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not
less than thirty(30)days prior to the expiration of the original letter of credit, such substitute letter of
credit being in the same amount and having the terms and conditions as the initial letter of credit
delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of
the replacement letter of credit.
6
t (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
i 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
i interest in such account.
4.5 Release of Security Instruments.
I
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials
Security Instrument when all of the following have occurred:
I
(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 Enqineerinq 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 Cityfor 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
7
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
i 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,
I
Subdivider,within fifteen (15)days afterwritten 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 Riqht 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 underthis Agreement and such failure shall continue for a period of twenty
(20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to
diligently and continuously pursue the cure of any such default to completion, City shall have the
right to enter into the Property and perform any of the uncompleted work by force account or
contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full
cost and expense thereby incurred by City.
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
g
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.
i
10. General Provisions.
10.1 Successors and Assiqns. 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.
i
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties
hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any
third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the
general public, or other person or entity.
10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates all of the
terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and
previous agreements between the parties with respect to all or part of the subject matter hereof,
except as may be expressly provided herein.All waivers of the provisions of this Agreement must be
in writing and signed by an authorized representative of the party to be charged, and all
amendments hereto must be in writing and signed by the appropriate representatives of both parties.
11. Corporate Authority. The persons executing this Agreement on behalf of the parties
hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Agreement on behalf of said party,(iii)by so executing this Agreement, such
party is formally bound to the provisions of this Agreement, and (iv) the entering into of this
Agreement does not violate any provisions of any other Agreement to which said party is bound.
(Signatures on Next Page)
9
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement
! Agreement as of the date first above written.
I
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
James Thompson, City Clerk David H. Ready, City Manager
RECOMMENDED BY:
AppROVtD`AS TO FORM'
�1 t �
David Barakian, City Engineer By;��U�I -Aj)
SUBDIVIDER: d
PALM SPRINGS CLASSIC, LLC, a Delaware Limited Liability Company
By: Lennar Homes of California, Inc., a California Corporation, Managing Member
(Check One: 1_individual, _ partnership, X corporation)
By: 1
l Signature ,
By: l on-, �RA11<S V t ec N 51 b E J-u
Name and Title
By:
Signature
By:
Name and Title
Mailing Address:
391 North Main Street, Suite 301
Corona, California 92880
(951) 817-3500 _
to
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
� � 1
I
' State of California
i
County of Riverside
On A P fl 2005 before me, Jillian Newman a Notary Public,
personally appeared Tom Banks, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
JILUAN NEWMAN
CommFubn+k 1435099
W No}ary PuWlc-call=.
orang
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Mycomm.E7c�IwAup 15,20071
Notary Seal
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 2 OF 4 SHEEN)
TRACT MAP NO. 32233-4
NOTARY'S ACKNOWLEDGMENT BEING A SUBDIVISION OF A PORTION OF SECTION 7,
TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M.
STATE BF GUF.M. )ss A5 MSA CONSULTING, INC. JANTJARY - 2005
COCOURT,of Q,Iz.m, )
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^' (PRIM NAME) f5 ME 5 1l9 CDR.SEC] J.N. 1609
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 OF 4 SHEETS T �TRACT MAP NO. 32233-4 (D o
BEING A SUBDIVISION OF A PORTION OF SECTION 7, .0 E
TOWNSHIP 4 SOUTH, RANGE S EAST, S.B.M. ram.
22 c
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TENTATIVE TRACT MAP 32233
--_THE PALM SPRINGS CLASSIC, ESCENA
1000 GENE AUTRY TRAIL NORTH
„ ,,r;,; W, �, Inv, APN 677-220-007 ET. SEQ., SECTION 7, 18.
FINAL CONDITIONS OF APPROVAL
APPROVED: NOVEMBER 17, 2004
EXPIRES: NOVEMBER 16, 2006
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning, 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.
PLANNING:
Project Specific Conditions:
1. The project is located in an area defined as having an impact on fish and wildlife as
defined in Section 711.4 of the Fish and Game Code; therefore a fee of$1,314.00 plus an
administrative fee of $50.00 shall be submitted by the applicant in the form of a money
order or a cashier's check payable to the Riverside County Clerk prior to Council action on
the project. This fee shall be submitted by the City to the County Clerk with the Notice of
Determination. Action on this application shall not be final until such fee is paid.
2. 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, 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.
3. The city reserves the right to review, or conditionally approve final PDD and Tentative
Tract Maps. Additional conditions will be based upon the submittal and based upon the
approved Planned Development application, design review and City codes and
ordinances.
4. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for
approval by the Department of Planning and Zoning prior to issuance of a building permit.
Landscape plans shall be approved by the Riverside County Agricultural Commissioner's
Office prior to submittal.
Page 1 E .%:
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Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 2
5. Prior to issuance of a grading permits, Fringe Toed Lizard Mitigation fees shall be paid.
6. Prior to issuance of a building permit, the applicant must provide a standard avigation
easement and non-suit covenant in a form prescribed and approved by the City Attorney,
with reference to present and future owners of all lots and all parcels for all land uses.
7. The applicant shall submit a draft declaration of covenants, conditions and restrictions
("CC&R's") to the Director of Planning and Zoning for approval in a form to be approved by
the City Attorney, to be recorded prior to submittal of a final map and approval prior to
building permits. The CC&R's shall be enforceable by the City, shall not be 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
$2,500.00, for the review of the CC&R's by the City Attorney.
9. The CC&R's shall have a disclosure statement regarding the location of the project relative
to roadways, airport noise and adjoining M-1-P zoned developed and vacant properties.
Said disclosure shall inform perspective buyers about traffic, airport noise, future industrial
development and other activities which may occur in this area. This is an addition to the
standard avigation and easement and nonsuit covenant.
10. 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
and Zoning prior to the issuance of building permits for each phase or development area.
Manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in
the parking lot 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. A
photometric study shall be required for all parking areas, driveways and entries.
11. 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 feeing being
112% for commercial projects or 114% for residential projects with first $100,000 of total
building permit valuation for individual single-family units exempt. Should the public art be
located on the project site, said location shall be reviewed and approved by the Director of
Planning and Zoning and the Public Arts Commission, and the property owner shall enter
into a recorded agreement to maintain the art work and protect the public rights of access
and viewing.
12. 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
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Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 3
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.
13. The project will bring a significant number of additional residents to the community. The
City's existing public safety and recreation services, including police protection, criminal
justice, fire protection and suppression, ambulance, paramedic, and other safety services
and recreation, library and cultural services are near capacity. Accordingly, the City may
determine to form a Community Services District under authority of Ord. 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 of 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 escalator. The district shall
be formed prior to sale of any lots or a covenant agreement shall be recorded against
each parcel.
14. 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.
15. A Native American Monitor shall be present during all ground-disturbing activities and that,
should buried deposits be encountered, that the Monitor have the authority to halt
destructive construction and that the Monitor notify a Qualified Archaeologist to investigate
and, if necessary, prepare a mitigation plan for submission to the State Historic
Preservation Officer and the Agua Caliente Cultural Resource Coordinator for approval.
16. One copy 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.
17. The developer shall construct off-site sidewalk improvements on the south side of Vista
Chino between Via Roberto Miguel and Gene Autry Trail. The sidewalk shall be
constructed at a time when the Planning Commission determines it is appropriate, based
upon residential demand. Factors to be considered are to include number of dwelling units
proposed for development and proximity of said units to the intersection of Vista Chino and
Gene Autry Trail.
18. Construct Bus Shelters consistent with the Sunline Transit Agency that are custom
designed in keeping with the character of the project. The custom bus shelters shall not
have any advertising and shall be maintained by the project unless a separate
maintenance agreement with the developer and Sunline Transit Agency is entered into for
Sunline Transit Agency to provide maintenance.
Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 4
19. Construct equestrian trail and bikeway along the Whitewater Wash as identified in the
General Plan. The final alignment shall be coordinated with CVWD, RCFCWCD, and the
City as part of the Final Planned Development District,
20. As a part of the Final Development District, a Wildlife Management Plan will be submitted
for approval to the Airport Authority and the Director of Planning and Zoning.
21. Applicant shall provide a revised project description and design standards within thirty (30)
days of City Council approval
22. All existing and proposed overhead utility lines that are less than 35 kV on/or adjacent to
this project shall be undergrounded. The location and size of the existing overhead
facilities shall be provided to the Engineering Department along with written confirmation
from the involved utility companies that the required deposit to underground the facilities
has been paid prior to issuance of a grading permit. All undergrounding of utilities shall be
completed prior to issuance of certificate of occupancy.
23, All residential development shall be subject to parkland dedication requirements and/or
park improvement fees. The dedication, payment of fees or combination thereof shall be
required prior to issuance of building permits. Parkland mitigation amounts shall be based
upon the costs to acquire and fully improve parkland and shall be adopted by ordinance or
resolution.
24. The Mitigation Monitoring Program from Case No 5.0666-B, The Palm Springs Classic,
shall be incorporated into these Conditions of Approval by Reference.
General Conditions:
25. 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, except as specifically
modified in this approval.
26, 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 5.0666 - B- PD-231. 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,
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Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 5
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
judgement or failure to appeal, shall not cause a waiver of the indemnification rights
herein.
27. That the property owner(s) and successors and assignees in interest shall maintain and
repair the improvements including and without limitation sidewalks, bikeways, parking
areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto private
property, in a first class condition, free from waste and debris, and in accordance with all
applicable law, rules, ordinances and regulations of all federal, state, and local bodies and
agencies having jurisdiction at the property owner's sole expense. This condition shall be
included in the recorded covenant agreement for the property if required by the City.
28. 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.
29. 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.
30. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6"
deep. The irrigation system shall be field tested prior to final approval of the project.
Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public
streets, roadways or gutters.
31. 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
Engineering specifications.
POLICE DEPARTMENT:
32. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal
Code.
WASTE DISPOSAL SERVICES:
33. The location of the trash enclosure is acceptable subject to approved construction details
approved by the Director of Building and Safety consistent with approved City details.
BUILDING DEPARTMENT:
34. Prior to any construction on-site, all appropriate permits must be secured.
cu f,,17 7
FIRE:
35. Fire Department Access: A secondary Fire Department access road shall be provided and
maintained in the Southern portion of TTM 32558 on the Cathedral City side.
36. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet
in length shall be provided with approved provisions for the turning around of fire
apparatus. The City of Palm Springs approved turn around provision is a cul-de-sac with
an outside turning radius of 43 feet from centerline. (902.2.2.4 CFC). On the existing plan
these need to be addressed at Lot 6 on TTM 32557, on Street K, which is shown on Sheet
1 of TTM 32233. Also on Streets W and Y which are shown on Sheet 2 of the same TTM.
On Sheet 3, Street HH is also excessive in length.
37. Turning Radius: Inside turning radii for roundabouts needs to be a minimum of 30 feet.
Any medians or islands need to be size accordingly. The turning radius for Lot 414 on
Sheet 3 appears to be undersized. Please show dimensions upon re-submittal.
38. Water Systems and Hydrants: Underground water mains and fire hydrants shall be
installed, completed, tested and in service prior to the time when combustible materials
are delivered to the construction site. (903 CFC). Prior to final approval of the installation,
contractor shall submit a completed Contractor's Material and Test Certificate to the Fire
Department. (9-2.1 NFPA 24)
39. Residential fire hydrants: Residential fire hydrants shall be installed in accordance with
DWA specifications and standards. No landscape planting, walls, or fencing are permitted
within 3 feet of fire hydrants, except groundcover plantings.
40. Site Plan: Provide the fire department with two copies of an approved site plan. Approved
locations for fire hydrants will be marked on this site plan, with one copy being returned to
the applicant. The second copy will be retained by the fire department.
41. Access During Construction: Access for fire fighting equipment shall be provided to the
immediate job site at the start of construction and maintained until all construction is
complete. Fire apparatus access roads shall have an unobstructed width of not less than
20 feet and an unobstructed vertical clearance of not less than 13'6". Fire department
access roads shall have an all weather driving surface and support a minimum weight of
73,000 lbs. (Sec. 902 CFC)
42. Relocate the well site away from the Vista Chino entry.
ENGINEERING:
STREETS
Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 7
1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment
Permit.
2. Developer shall obtain State permits and approval of plans for all work done on State Highway
111 (Gene Autry Trail). A copy of Caltrans requirements shall be submitted to the City Engineer
prior to the issuance of any grading or building permits.
3. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering
Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or
building permits.
STATE HIGHWAY 111 (GENE AUTRY TRAIL)
4. Dedicate additional right-of-way to provide the ultimate half street width of 55 feet along the
entire frontage, together with a property line - corner cut-back at the southeast corner of Gene
Autry Trail and Vista Chino in accordance with City of Palm Springs Standard Drawing No. 105,
unless otherwise already dedicated by Parcel Map 30928.
5. Dedicate additional right-of-way with a right-of-way line concentric with the back of sidewalk
adjacent to the proposed bus turn-out, unless otherwise already dedicated by Parcel Map
30928.
6. Dedicate an easement for sidewalk and bicycle path purposes along the entire frontage for the
portions of the bicycle path that leave the public right-of-way, unless otherwise already
dedicated by Parcel Map 30928.
7. Abutters rights of access to Gene Autry Trail shall be dedicated to the City of Palm Springs
except at specifically approved locations.
8. Remove the existing curb and gutter as necessary to construct a 180 feet long by 12 feet wide
bus turn-out, with adjacent 12 feet wide, colored concrete sidewalk, at the northeast corner of
Gene Autry Trail and Classic Drive in a location to be agreed upon by the City and Sunline
Transit Agency. 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. This condition shall be null and void if completed by others
prior to approval of a final map within Tentative Tract Map 32233.
9. Construct a 12 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter
1000 - Bikeway Planning and Design) along the entire frontage. The bicycle path 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. This condition shall be null
and void if completed by others prior to approval of a final map within Tentative Tract Map
32233.
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Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 8
10. Modify the existing left-turn lane to provide a 150 feet long southbound left-turn storage lane at
Gene Autry Trail and Chia Road, or as may be modified by the Traffic Report and approved by
the City Engineer. Existing median improvements, including landscaping, lighting and irrigation,
shall be modified to the satisfaction of the City Engineer. This condition shall be null and void if
completed by others prior to approval of a final map within Tentative Tract Map 32233.
11. Modify the existing left-turn lane to provide a 400 feet long southbound left-turn storage lane at
Gene Autry Trail and Tachevah Drive, or as may be modified by the Traffic Report and
approved by the City Engineer. Existing median improvements, including landscaping, lighting
and irrigation, shall'be modified to the satisfaction of the City Engineer. This condition shall be
null and void if completed by others prior to approval of a final map within Tentative Tract Map
32233.
12. Coordinate the location of the intersection of Gene Autry Trail and Classic Drive with the City
Engineer and the Executive Director of the Airport. Upon approval of the intersection location,
relocate the existing northbound left-turn lane location as required to access the airport
commercial properties, and provide a 375 feet long southbound left-turn storage lane at Gene
Autry Trail and Classic Drive, or as may be modified by the Traffic Report and approved by the
City Engineer. Existing intersection improvements, median improvements, including
landscaping, lighting and irrigation, shall be removed, reconstructed or modified to the
satisfaction of the City Engineer. Modification and reconstruction of the existing parking lot and
driveways at the airport necessary to facilitate the relocated intersection shall be completed to
the satisfaction of the City Engineer and the Executive Director of the Airport. This condition
shall be null and void if completed by others prior to approval of a final map within Tentative
Tract Map 32233.
VISTA CHINO
13. Dedicate an easement for sidewalk and bicycle path purposes along the entire frontage for the
portions of the bicycle path that leave the public right-of-way, unless otherwise already
dedicated by Parcel Map 30928.
14. Dedicate additional right-of-way with a right-of-way line concentric with the back of sidewalk
adjacent to the proposed bus turn-out, unless otherwise already dedicated by Parcel Map
30928.
15. Abutters rights of access to Vista Chino shall be dedicated to the City of Palm Springs except at
specifically approved locations.
16. Remove the existing curb and gutter as necessary to construct a 180 feet long by 12 feet wide
bus turn-out, with adjacent 12 feet wide, colored concrete sidewalk, at the southeast corner of
Vista Chino and Gene Autry Trail in a location to be agreed upon by the City and Sunline Transit
Agency. 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
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Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 9
stop furniture and other accessories shall be furnished, as required by Sunline Transit Agency.
This condition shall be null and void if completed by others prior to approval of a final map within
Tentative Tract Map 32233.
17. Construct a 12 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter
1000 - Bikeway Planning and Design) along the entire frontage. The bicycle path 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. This condition shall be null
and void if completed by others prior to approval of a final map within Tentative Tract Map
32233.
18, Construct a 144eet wide landscaped, raised median island as specified by the City Engineer
from Gene Autry Trail to the easterly property line (approximate with the existing Whitewater
Channel levee). Provide a 225 feet long westbound left-turn storage lane at Vista Chino and
Gene Autry Trail. Easterly of the Whitewater Channel levee, provide a striped median with a
minimum 150 feet long westbound left-turn lane at Vista Chino and North Drive. Left-turn
pocket storage lengths and transitions shall be designed in accordance with the current Caltrans
Highway Design Manual. Additional paving and street widening along the north side of Vista
Chino shall be provided as necessary to construct the required median improvements. This
condition shall be null and void if completed by others prior to approval of a final map within
Tentative Tract Map 32233.
SAN JOAQUIN DRIVE
19. Dedicate additional right-of-way at the northerly end of San Joaquin Drive to provide an off-set
cul-de-sac or turn-around, or as otherwise approved by the Fire Marshall and City Engineer.
The cul-de-sac shall have a minimum curb radius of 58 feet, as required by the City of Cathedral
City, or as otherwise approved by the Fire Marshall and City Engineer. This condition shall
be null and void if completed by others prior to approval of a final map within Tentative Tract
Map 32233.
20. Construct a 6 inch curb and gutter, 18 feet west of centerline along the entire frontage and
throughout the off-set cul-de-sac or turn-around, as approved by the Fire Marshall and City
Engineer, in accordance with City of Palm Springs Standard Drawing No. 200. This condition
shall be null and void if completed by others prior to approval of a final map within Tentative
Tract Map 32233.
21. Construct a 20 feet wide driveway approach in accordance with City of Palm Springs Standard
Drawing No. 201 within the cul-de-sac at the northerly end of San Joaquin Drive for service and
emergency vehicle access into the development as required by the City Engineer and/or Fire
Marshall.
22. Construct a 6 inch thick concrete driveway from the driveway approach within the cul-de-sac at
the northerly end of San Joaquin Drive across Lot 552 as necessary to provide access from San
Joaquin Drive to the on-site street system as required by the City Engineer and/or Fire Marshall.
Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 10
An alternative to concrete pavement may be approved, subject to review and approval by the
Fire Marshall.
23. Construct a minimum pavement section of 2% inch asphalt concrete pavement over 4 inch
aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal,
from clean sawcut edge of pavement to edge of proposed gutter along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 110 and 300. If an alternative
pavement section is proposed, the proposed pavement section shall be designed by a California
registered Geotechnical Engineer using "R" values from the project site and submitted to the
City Engineer for approval. This condition shall be null and void if completed by others prior to
approval of a final map within Tentative Tract Map 32233.
ON-SITE STREETS
24. Dedicate an easement extending from back of curb to back of curb to the City of Palm Springs
for public utility and sewer purposes, and for service and emergency vehicles and personnel
ingress and egress, over the private streets.
25. Dedicate an easement, 20 feet wide, for service and emergency vehicles and personnel ingress
and egress, over Lot 552 as necessary to provide access from San Joaquin Drive to the on-site
street system.
26. Construct a wedge curb, acceptable to the City Engineer, 18 feet on both sides of centerline
along the entire frontages, and throughout the cul-de-sacs.
27. Construct a wedge curb, acceptable to the City Engineer, 14 feet on both sides of centerline
along the entire frontages of those on-site streets identified as Streets "00" (adjacent to Lots
292-294 [north end] and adjacent to Lots 305 and 306 [south end]), "PP" (adjacent to Lots 224
and 225 [north end] and adjacent to Lots 252 and 253 [south end]), "SS' (adjacent to Lots 211
and 212 [west end], and "W'. Parking shall be restricted along one sides of these streets, as
necessary to maintain a 20 feet wide clear access way. Regulatory Type R26 "No Parking"
signs or red curb shall be installed on one side of these streets to prohibit on-street parking. A
Home Owners Association shall be responsible for regulating and maintaining required no
parking restrictions, which shall be included in Codes, Covenants and Restrictions required for
the development.
28. All on-site cul-de-sacs shall be constructed in accordance with City of Palm Springs Standard
Drawing No. 101. A minimum 43 feet inside radius shall be required for all on-site cul-de-sacs.
29. All on-site "knuckles" shall be constructed in accordance with City of Palm Springs Standard
Drawing No. 104.
30. On-site streets without a cul-de-sac or other approved turn-around shall not extend a distance of
150 feet or more from the intersecting street. On-site streets with a length exceeding 150 feet
shall provide a hammerhead turn-around or other access as approved by the Fire Marshall.
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Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 11
31. Construct a minimum pavement section of 2'/2 inch asphalt concrete pavement over 4 inch
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.
SANITARY SEWER
32. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be
connected at manholes.
33. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering
Division. The plans shall be approved by the City Engineer prior to issuance of any grading or
building permits.
34. Construct an 8 inch sewer main within Mission Drive and San Joaquin Drive as necessary to
extend public sewer service to the development.
35. Construct an 8 inch sewer main within all on-site streets and connect to the existing public
sewer system in Gene Autry Trail and/or San Joaquin Drive. All sewer mains constructed by the
developer and to become part of the public sewer system shall be televised prior to acceptance
of the sewer system for maintenance by the City.
36. Payment of applicable sewer assessment or sewer surcharge fees (if any) shall be paid prior to
issuance of building permits.
GRADING
37. Submit a Grading Plan prepared by a California registered Civil Engineer to the Engineering
Division for review and approval. The Grading Plan shall be approved by the City Engineer prior
to issuance of a 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
f o ( r.
E'o.I'+✓'
November 17, 2004
Conditions of Approval
Page 12
information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10"
Dust Control issues, please contact Elio Torrealba at AQMD at (909) 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
a 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.
DRAINAGE
38. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed
through the property, consistent with an approved hydrology/hydraulic study.
39. Drainage easements shall be reserved on the Final Map where and as required to convey off-
site stormwater runoff across the property, in accordance with an approved hydrology/hydraulic
study. On-site drainage easements shall be privately maintained by a Homeowners Association.
40. The project is subject to flood control and drainage implementation fees and/or construction of
drainage facilities in accordance with the approved Master Drainage Plan for the Palm Springs
Area.-Validated costs incurred for the design and construction of storm drainage improvements
adjacent to or within the project as shown in the Master Drainage Plan may be credited toward
the drainage fee otherwise due. Coordination with Riverside County Flood Control & Water
Conservation District (RCFC) shall be required to determine acceptable methods of providing
storm drainage improvements consistent with the Master Drainage Plan. Credit for or deletion
of required drainage implementation fees will require review and approval by RCFC of proposed
storm drainage systems, detention and retention basins, and storm drain outlet systems into the
Whitewater Channel. If required as a condition of credit for or deletion of storm drainage
implementation fees, a cooperative agreement between the property owner(s), the City of Palm
Springs and RCFC shall be made whereby storm drainage easements for Master Drainage Plan
facilities are provided to RCFC within the project, and storm drainage improvements are
designed and constructed to the satisfaction of the City Engineer and RCFC.
MAP
41. 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.
42. In accordance with Section 66434 (g) of the Government Code, the westerly 15 feet of public
• i ,
Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 13
right-of-way for San Joaquin Drive may be abandoned upon the filing of a Final Map identifying
the abandonment of the right-of-way granted to the City of Palm Springs. Prior to approval of a
Final Map, the developer shall coordinate with each public utility company and determine
specific requirements as to the abandonment and/or relocation of existing underground utilities
that may exist within the portion of the public right-of-way to be abandoned. Prior to approval of
a Final Map, the developer shall provide to the City Engineer a letter of approval regarding the
proposed abandonment of the westerly 15 feet of San Joaquin Drive right-of-way from each
public utility agency.
43. In accordance with Government Code Section 66493 (f), an application for reapportionment of
the existing assessments related to Assessment District 155 levied against the properties shall
be performed at the expense of the property owner, or the existing assessments shall be paid in
full, prior to City Council approval of the Final Map.
TRAFFIC
44. The total number of 1,450 single family and multi-family units, and 450 room resort hotel
allowed within the development, as originally approved by Planned Development Unit (PD) 231,
shall be decreased by the total number of additional residential units approved by the City of
Cathedral City associated with Tentative Tract Maps 32557 and 32558 such that the overall
total number of units, and the traffic generated therefrom, does not increase from the original
total of units analyzed for the purposes of approval of PD 231.
45. The developer shall coordinate and prepare a traffic signal installation phasing plan. In
accordance with developer proposed on-site phasing of residential construction, the installation
of required traffic signals shall be phased as traffic signal warrants are met. Irregardless of a
traffic signal installation phasing plan, any traffic signal shall be installed at any time and upon
notice by the City Engineer that traffic conditions warrant installation, or the City's own analysis
indicates warrants exist for its installation. The design of all required traffic signals shall be
completed prior to approval of a final map. The developer is responsible for the installation of a
traffic signal, subject to the approval of Caltrans and/or the City Engineer, as required, at the
following locations:
A. Gene Autry Trail and Chia Road
B. Gene Autry Trail and Classic Drive
C. Vista Chino and North Drive
46. In coordination with the design and installation of traffic signals along Gene Autry Trail, a traffic
signal interconnect system, subject to the approval of Caltrans and/or the City Engineer, shall
be provided on Gene Autry Trail from Vista Chino to Ramon Road. In conjunction with the
design of required traffic signals, a traffic signal interconnect system shall be designed from
Vista Chino to Ramon Road, as directed by the City Engineer and approved by Caltrans.
Reimbursement for 65.86% of the cost of the design and installation of the traffic signal
interconnect system may be made through a reimbursement agreement between the City,
Caltrans (if required) and the applicant.
(l 3
i
Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 14
47. Based on the Traffic Impact Study prepared by Endo Engineering, dated March 2003, the
following mitigation measures shall be addressed prior to issuance of a building permit on any of
the proposed parcels:
A. Pay the proportionate fair share contribution of $22,425 (14.95%) of a traffic signal at
Gene Autry Trail and Via Escuela.
B. Pay the proportionate fair share contribution of$18,140 (18.14%) of the cost to construct
a northbound right-turn lane on Farrell Drive at Vista Chino.
C. Pay the proportionate fair share contribution of 18.14% of the cost to construct a
southbound left-turn lane on Farrell Drive at Vista Chino. An engineer's estimate
of the cost to construct the required improvement shall be provided to the City
Engineer for review and approval.
D. Pay the proportionate fair share contribution of 4.9% of the cost to construct a
southbound left-turn lane on Farrell Drive at Ramon Road. An engineer's
estimate of the cost to construct the required improvement shall be provided to
the City Engineer for review and approval.
E. Pay the proportionate fair share contribution of 6.61% of the cost to construct a
southbound through lane on Cathedral Canyon Drive at Ramon Road. The fair
share contribution shall be held in trust for the. City of Cathedral City until such
time as the intersection improvements are constructed. An engineer's estimate
of the cost to construct the required improvement shall be provided to the City
Engineer for review and approval.
48. Submit traffic striping plans for improvements to Vista Chino prepared by a California
registered Civil Engineer to the Engineering Division for review and approval. All required traffic
striping improvements shall be completed in conjunction with required street improvements, to
the satisfaction of the City Engineer.
49. 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.
50. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid
prior to issuance of building permits.
lu'•_. S
RESOLUTION NO. 21255
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING FINAL MAP
32233-4 FOR PROPERTY LOCATED ALONG THE
EAST SIDE OF GENE AUTRY TRAIL, SOUTH OF
VISTA CHINO, IN SECTION 7, TOWNSHIP 4
SOUTH, RANGE 5 EAST, AND APPROVING A
SUBDIVISION IMPROVEMENT AGREEMENT WITH
PALM SPRINGS CLASSIC, L.LC, A DELAWARE
LIMITED LIABILITY COMPANY A05089
WHEREAS, the Planning Commission, at its meeting of October 13, 2004,
recommended approval of Tentative Tract Map 32233, prepared by MSA
Consulting, Inc., representing Palm Springs Classic, LLC, a Delaware Limited
Liability Company, for the above described property; and
WHEREAS, the City Council at its meeting of November 17, 2004, approved
Tentative Tract Map 32233 subject to conditions; and
WHEREAS, the owner offers for dedication to the City of Palm Springs
easements for public utility and sewer purposes shown as "10' PUE", along and
adjacent to all private streets; and easements for public utility and sewer
purposes, together with the right of ingress and egress for service and
emergency vehicles and personnel, over Lots "A" through "D", inclusive.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm
Springs as follows:
1. That Final Map 32233-4 is in substantial conformance with approved
Tentative Tract Map 32233; and
2. That requisite conditions associated with Tentative Tract Map 32233 have
been satisfied; and
3. That Final Map 32233-4 is in conformance with the General Plan; and
4. That Final Map 32233-4 conforms to all requirements of the Subdivision
Map Act of the State of California; and
5, That the offers of dedication to the public on Final Map 32233-4 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 32233-4 is hereby approved for purposes therein defined.
Resolution No. 21255
Page 2
ADOPTED THIS 4th day of May, 2005.
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. 21255 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 May 4, 2005,
by the following vote:
AYES: Members Foat, Mills, McCulloch, Pougnet and Mayor Oden
NOES: None
ABSENT: None
ABSTAIN: None
James Thompson, City Clerk
City of Palm Springs, California