HomeMy WebLinkAbout03-09-2005 - STAFF REPORTS (2) CITY COUNCIL March 9, 2005
CONSENT CALENDAR
Subject: FINAL MAP 32363
Initiated by: Public Works and Engineering Department
SUMMARY:
The Keith Companies, representing Royal Desert Palms, LLC, a Delaware Limited
Liability Company, has prepared a six lot Final Map for subdivision of property located at
310 and 320 West Vista Chino, 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
construction of the six residential lots proposed within this development. This is merely
an administerial action, as required by the Municipal Code and the Subdivision Map Act.
RECOMMENDATION:
It is recommended that the City Council approve Final Map 32363, prepared by The
Keith Companies, representing Royal Desert Palms, LLC, a Delaware Limited Liability
Company, to subdivide property located at 310 and 320 West Vista Chino, in Section 3,
Township 4 South, Range 4 East; to approve the associated Subdivision Improvement
Agreement for construction of related public improvements; to accept required
subdivision securities; and other miscellaneous actions related to approval of Final Map
32363.
STAFF ANALYSIS:
The Keith Companies, representing Royal Desert Palms, LLC, a Delaware Limited
Liability Company, submitted Tentative Final Map 32363, requesting that the property
located at 310 and 320 West Vista Chino, in Section 3, Township 4 South, Range 4
East, be subdivided into six residential lots on a 2.03 gross acre site, and submitted an
application, Case No. 5.1006, for architectural approval of six residential units on the
proposed subdivision. At its meeting of July 28, 2004, the Planning Commission
recommended approval of Tentative Final Map 32363 and Case No. 5.1006, which was
subsequently approved by the City Council, subject to conditions, on July 28, 2004.
Final Map 32363 includes abandonment of a portion of public right-of-way in accordance
with Section 66434 (g) of the Government Code. Specifically, the City acquired the
existing north 30 feet of right-of-way across this property from the underlying owners in
1938; however, current standard land surveying practice requires that the old easement
be abandoned and that a new public right-of-way be dedicated over the old easement on
Final Map 32363, which has been proposed for dedication as Lot "A".
It has been determined that required conditions have been satisfied, that Final Map
32363 is in substantial conformance with the approved Tentative Tract Map, and that
Final Map 32363 is ready for City Council approval.
C 0 0 G
Final Map 32363
March 9, 2005
Page 2
Submitted:
r
David J. Barakian
Director of Public Works/City Engineer
Approved:
David H. Ready
City Manager
ATTACHMENTS:
1 Map
2. Subdivision Agreement
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
ROYAL DESERT PALMS, LLC
A CALIFORNIA LIMITED LIABILITY COMPANY
TABLE OF CONTENTS
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
1A0 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
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7. Warranty of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8. Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8.1 Remedies Not Exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
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 ROYAL DESERT PALMS, LLC, a
California Limited Liability Company("Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract
Map No. 32363, located in the City of Palm Springs, County of Riverside, State of California (the
"Property"), as described on Exhibit "A". The map contains conditions of approval for the
development of the Property(the "Conditions") as described on Exhibit "B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City
of Palm Springs Lot "A" for public street and public utility purposes; an easement over the "Private
Street" for public utility and sewer purposes, with the right of ingress and egress for service and
emergency vehicles as shown on the map; 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 $157,000.00.
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 orfacility,
even though the Plans may not specifically call out all items of work required for the contractor to
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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 priorwritten approval, no change shall be
made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing
after it has been stamped as approved.
1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place
survey monument(s) as shown on the Map in accordance with the provisions of the State
Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall
provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the
monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of
the setting of said monument(s) and written proof of having paid the engineer or surveyor for the
setting of said monument(s).
1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials,
labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's
obligations under this Agreement.
1.5 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.
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1.11 Inspection. Subdivider shall have an authorized representative on the job site at all
times during which work is being done who has full authority to act for Subdivider, or its design
engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall
cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not
the Works of Improvement as performed are in accordance with the requirements and intent of this
Agreement, including the Plans. If the City inspector requests it, the contractor at any time before
acceptance of the Works of Improvement shall remove or uncover such portions of the finished work
as may be directed which have not previously been inspected.After examination, the contractor shall
restore said portions of the work to the standards required hereunder. Inspection or supervision by
the City shall not be considered as direct control of the individual workmen on the job site. City's
inspector shall have the authority to stop any and all work not in accordance with the requirements
contained or referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or the contractor of any
obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be
rejected notwithstanding that such materials or work may have been previously overlooked or
accepted.
1 A 2 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 (1) 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
Leon
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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 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 Acreaoe. 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 9abor 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.
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3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing
any of the Works of Improvement shall discriminate against any employee or prospective employee
with respect to such work in hiring, promotion, seniority, or any other terms and conditions of
employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital
status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be
constructed by contractors and subcontractors with valid California Contractors' licenses for the type
of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor
performing any of the Works of Improvement to carry Workers'Compensation Insurance as required
by the Labor Code of the State of California and shall cause each such contractor and subcontractor
to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or
subcontractor entering onto the job site.
4. Security.
4.1 Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the
following bonds, letters of credit, instruments of credit (assignment of deposit account) or other
security acceptable to City in its sole and absolute discretion and satisfying the requirements of the
applicable provisions of this Section 4 below (hereinafter "Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the Works of
Improvement ("Faithful Performance Security Instrument"), in the amount of$157,000.00 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 $78,500.00 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$3,000.00 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 $23,550.00
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
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State of California.Any insurance company acting as surety shall have a minimum rating of A-IX, as
rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick,
New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by
Moody's or Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit
shall be an original separate unconditional, irrevocable, negotiable and transferable commercial
letter of credit issued by a financial institution with offices in the State of California acceptable to City.
Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the
City Engineer of the City that Subdivider is in default under its payment or performance obligations
hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty
(30)days prior to the date of expiration of any such letter of credit and shall further be subject to the
provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any
Instrument of Credit shall be an assignment of deposit account assigning as 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.
(1) Payments under any Security Instruments shall be required to be made (and, with
respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm
Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline
for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than
Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of
Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and
without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City
to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to
facilitate City's realization under any Security Instrument, and to take no action to prevent City from
such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or
the subsequent expiration of any Security Instrument or any failure by any surety or financial
institution to perform its obligations with respect thereto, Subdivider shall be personally liable for
performance under this Agreement and for payment of the cost of the labor and materials for the
improvements required to be constructed or installed hereby and shall, within ten (10) days after
written demand therefor, deliver to City such substitute security as City shall require satisfying the
requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to
draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1)
year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not
less than thirty(30)days prior to the expiration of the original letter of credit, such substitute letter of
credit being in the same amount and having the terms and conditions as the initial letter of credit
delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of
the replacement letter of credit.
6
(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) City shall release the Maintenance and Warranty Security Instrument upon
Subdivider's written request upon the expiration of the warranty period, provided no claims are
outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible
for payment of all costs incurred for construction and installation of the Works of Improvement. In the
event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such
reimbursement shall be subject to a separate Reimbursement Agreement to be entered into
between Subdivider and City prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider
shall compensate City for all of City's costs reasonably incurred in having its authorized
representative make the usual and customary inspections of the Works of Improvement. In addition,
Subdivider shall compensate 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
to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or
should any portion of the Works of Improvement fail to fulfill any requirements of the Plans,
Subdivider,within fifteen(15)days after written notice of such defects, or within such shorter time as
may reasonably be determined by the City in the event of emergency, shall commence to repair or
replace the same together with any other work which may be damaged or displaced in so doing.
Should Subdivider fail to remedy defective material and/or workmanship or make replacements or
repairs within the period of time set forth above, City may make such repairs and replacements and
the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider.
The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or
other obligations otherwise imposed by law.
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific
remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not
exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it
may by entitled.
8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may
have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work
required to be performed under this Agreement and such failure shall continue for a period of twenty
(20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to
diligently and continuously pursue the cure of any such default to completion, City shall have the
right to enter into the Property and perform any of the uncompleted work by force account or
contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full
cost and expense thereby incurred by City.
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
8
Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation
shall not extend to any loss resulting from City's sole negligence or willful misconduct.
10. General Provisions.
10.1 Successors and Assigns. This Agreement shall be binding upon all successors and
assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof.
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties
hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any
third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the
general public, or other person or entity.
10.3 Entire Agreement Waivers and Amendments. This Agreement integrates all of the
terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and
previous agreements between the parties with respect to all or part of the subject matter hereof,
except as may be expressly provided herein.All waivers of the provisions of this Agreement must be
in writing and signed by an authorized 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)
C9
9
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
RECOMMENDED BY:
David Barakian, City Engineer
SUBDIVIDER:
ROYAL DESERT PALMS, LLC, a California Limited Liability Company
By: Royal Desert Palms, LLC- Managing Members
(Check One:_ individual, _partnership, corporation)
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By:
Signature
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By:
Signature
By: cuo
Name and Title
Mailing Address:
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ALL-PURPOSE ACKNOWLEDGMENT
Fol t I✓" `� CAPACITY CLAIMED BY SIGNER
SJEASt Off. (� 1— ❑ INDIVIDUALS)
�n� before me, JD7A J• f�✓ ❑ FOR�E
te cn � Name ule of Of rc@�red {W" L' 9 /� , Ti ❑ PARTNER(S) TITLE(S)
NAME(S)OF SIGNER( ❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
ie, wn to me-OR- ❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
❑ proved to me on the basis of satisfactory evidence to be the persons(s) whose name(s) is/are ❑ OTIIER
subscribed to the within instrument and acknowledged to me that he/she/they executed the same ui
his/her/their authorized capacity(ies), and that by his/her/thee siguahue(s) on the instrument the
person(s)or the entity upon behalf of which the persons(s)acted, executed due instrument.
Witness my hand and official seal.
JOHN D.CASTER SIGNER IS REPRESENTINT NG:
ComtnlatWn# 1389910
3 '' NtMay rubNc'COMORW
Signature of Notary UKAngMn CoimM
MVOM".60ftDtc 13,
ATTENTION NOTARY: Ahhough due information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to
unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:
Si ner(s) Other Than Named Above
EXHIBIT "A"
TRACT MAP 32363 LEGAL DESCRIPTION
Tract Map No. 32363, as recorded in Map Book_, Pages through inclusive, records of Riverside
County, California.
EXHIBIT "B"
TENTATIVE TRACT MAP 32363 CONDITIONS OF APPROVAL
✓'�1'My n.:`,
Resolution 21223
Page 5
CONDITIONS OF APPROVAL
Planning Case 5.1006, PD-298
TTM 32363
July 28, 2004
APPLICATION FOR APPROVAL OF A TENTATIVE TRACT MAP AND PLANNED
DEVELOPMENT DISTRICT FOR SIX (6) SINGLE FAMILY RESIDENCES LOCATED A 310
VISTA CHINO, (APN 504-300-016 AND 017), SECTION 3.
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.
PROJECT SPECIFIC CONDITIONS
Administrative
1. The proposed development of the premises shall conform to all applicable regulations
of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes,
ordinances and resolutions which supplement the zoning district regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employees from any claim, action, or proceeding against the City
of Palm Springs or its agents, officers or employees to attach, set aside, void or annul,
an approval of the City of Palm Springs, its legislative body, advisory agencies, or
administrative officers concerning Case 5.1006, PD-298, and TTM 32363. 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
judgement or failure to appeal, shall not cause a waiver of the indemnification rights
herein.
3. That the property owner(s) and successors and assignees in interest shall maintain
and repair the improvements including and without limitation sidewalks, bikeways,
parkways, parking areas, landscape, irrigation, 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
Resolution 21223
Page 6
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. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required.
This project has a de minimus impact on fish and wildlife, and a Certificate of Fee
Exemption shall be completed by the City and two copies filed with the County Clerk.
This application shall not be final until such fee is paid and the Certificate of Fee
Exemption is filed. Fee shall in the form of a money order or cashier's check payable
to Riverside County.
5. Prior to issuance of a building permit, Fringe Toed Lizard Mitigation fees shall be
submitted. (CVFTL fee area only)
6. The Project will bring a significant number of additional residents to the community.
The City's existing public safety and recreation services, including police protection,
criminal justice, fire protection and suppression, ambulance, paramedic, and other
safety services and recreation, library, cultural services are near capacity.
Accordingly, the City may determine to form a Community Services District under the
authority of Government Code Section 53311 et seq. or other appropriate statutory
or municipal authority. Developer agrees to support the formation of such
assessment district and shall waive any right to protest, provided that the amount of
such assessment shall be established through appropriate study and shall not
exceed $500 annually with a consumer price index escalator. The district shall be
formed prior to sale of any lots or a covenant agreement shall be recorded against
each parcel permitting incorporation of the parcel in the district.
Environmental Assessment
7. The mitigation measures of the environmental assessment shall apply. The
applicant shall submit a signed agreement that the mitigation measures outlined as
part of the negative declaration or EIR will be included in the plans prior to Planning
Commission consideration of the environmental assessment. Mitigation measures
are as follows:
CC&R's
8. 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 and
;Zoning 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 amended without City approval, shall require maintenance of all property in a
good condition and in accordance with all ordinances, and shall include the following
special conditions:
9. 'The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$2,000.00, for the review of the CC&R's by the City Attorney. A $585.00 filing fee
shall also be paid to the City Planning Department for administrative review
purposes.
Resolution 21223
Page 7
10. The CCR's shall have a disclosure statement regarding the location of the project
relative to roadway noise, City special events, roadway closures for special events
and other activities which may occur in the Central Business District, Desert Museum
and Desert Fashion Plaza. Said disclosure shall inform perspective buyers about
traffic, noise and other activities which may occur in this area.
Cultural Resources
11. 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.
12. Given that portions of the project area are within an alluvial formation, the possibility
of buried resources is increased. A Native American Monitor shall be present during
all ground-disturbing activities.
a) Experience has shown that there is always a possibility of buried cultural
resources in a project area. Given that, a Native American Monitor(s) shall
be present during all ground disturbing activities including clearing and
grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact
the 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 and Zoning 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
13. 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.
14. The final development plans shall be submitted in accordance with Section 9403.00
of the Zoning Ordinance. Final development plans shall include site plans, building
elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans,
exterior lighting plans, sign program, mitigation monitoring program, site cross
sections, property development standards and other such documents as required by
Resolution 21223
Page 8
the Planning Commission. Final development plans shall be submitted within two (2)
years of the City Council approval of the preliminary planned development district.
GENERAL CONDITIONS/CODE REQUIREMENTS
15. 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.
16. 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.
17. 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.
18. All materials on the flat portions of the roof shall be earth tone in color.
19. All awnings shall be maintained and periodically cleaned.
20. 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.
21. Perimeter walls shall be designed, installed and maintained in compliance with the
corner cutback requirements as required in Section 9302.00.D.
22. 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.
23. The street address numbering/lettering shall not exceed eight inches in height.
24. Submit plans meeting City standard for approval on the proposed trash and
recyclable materials enclosure prior to issuance of a building permit.
25. Details of pool fencing (material and color) and equipment area shall be submitted
with final landscape plan.
26. No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems.
27, No outside storage of any kind shall be permitted except as approved as a part of the
proposed plan.
28. 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.
Resolution 21223
Page 9
29. Handicapped accessibility shall be indicated on the site plan to include the location of
handicapped parking spaces, the main entrance to the proposed structure and the
path of travel to the main entrance. Consideration shall be given to potential
difficulties with the handicapped accessibility to the building due to the future grading
plans for the property.
WASTE DISPOSAL
30. Trash cans shall be screened from view and kept within fifty(50) feet of the street.
POLICE DEPARTMENT
31. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal
Code.
BUILDING DEPARTMENT
32. Prior to any construction on-site, all appropriate permits must be secured.
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
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Submit street improvement plans prepared by a Registered 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.
WEST VISTA CHINO
3. Remove the existing curb and gutter as necessary to construct two 25 feet radius
curb returns and spandrels, and a 6 feet wide cross gutter at the proposed
intersection of West Vista Chino and Royal Desert Palms Court (private street) in
accordance with City of Palm Springs Standard Drawing No. 200 and 206.
4. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
Resolution 21223
Page 10
5. Construct a Type C curb ramp at each side of the intersection of West Vista
Chino and Royal Desert Palms Court in accordance with City of Palm Springs
Standard Drawing No. 214,
6. All broken or off grade street improvements shall be repaired or replaced.
ROYAL DESERT PALMS COURT (PRIVATE STREET)
7. 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, over the private street.
8. Construct a 6 inch curb and gutter in accordance with City of Palm Springs
Standard Drawing No. 200, or an approved wedge curb, 18 feet on both sides of
centerline along the entire frontage, and throughout the hammerhead turn-
around.
9. The hammerhead turn-around at the end of the private street shall be subject to
final approval by the fire marshall.
10. Construct a minimum pavement section of 2Yz 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
11. Lots 1 through 3 may connect to the existing City sewer system located within
the 18 feet wide easement along the east side of the property. Laterals shall
connect to the public sewer main in accordance with City of Palm Springs
Standard Drawing No. 405.
12. Construct an 8 inch sewer main within the on-site private street and connect to
the existing sewer main located in West Vista Chino. Lots 1 through 3, and 4
through 6 may connect to the new on-site sewer main, or, Lots 4 through 6 only
may be connected to the new on-site sewer main.
13. Submit public sewer improvement plans prepared by a Registered Civil Engineer
to the Engineering Department. The plan(s) shall be approved by the City
Engineer prior to issuance of any grading or building permits.
14. All sewer mains constructed by the developer and to become part of the City
sewer system shall be televised by the developer prior to acceptance of the
sewer system by the City of Palm Springs.
15. The existing 18 feet wide storm drain and sewer easement along the east side of
the property shall be kept clear and free of any and all obstructions to allow for
the continued operation and maintenance of existing public facilities within the
easement. Construction of permanent structures, patios, swimming pools and
Resolution 21223
Page 11
equipment, concrete and patio decks, shall not be allowed. Planting of large
trees or other planting material with invasive or deep root structures shall be
restricted. Side yard walls adjacent to Lots 1 through 3 that extend across the
public easement shall include 15 feet wide gates with lock and access provided
to the City of Palm Springs.
16. Provisions for maintenance of the City's sewer and storm drain easement,
acceptable to the City Engineer, shall be included in the Codes, Covenants, and
Restrictions (CC&R's) required for this development. Notice shall be clearly
included in the CC&R's defining the restrictions of development within the
easement across Lots 1,2 and 3. The CC&R's shall advise the property owners
of the City's right to enter the properties, clear and remove any and all
obstructions within the easement, and give the City right to charge all costs
incurred in enforcing this provision to the Homeowners Association. The CC&R's
shall also advise the property owners of the fact that the City is not required to
replace in like kind any landscaping or other improvements within the easement
in the event repair or replacement of the existing sewer or storm drain facility is
required, and that the City shall be limited to leaving the property in a rough
graded condition following any such repair or replacement.
GRADING
17. 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
a grading permit.
A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading
contractor and submitted to the Building Department 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 Building Department 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 (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 Building Department prior to approval of the
Grading plan.
The first submittal of the Grading Plan shall include the following information:
Copy of signed Conditions of Approval stamped by the Planning Department;
Copy of Site Plan stamped approved and signed by the Planning Department;
Resolution 21223
Page 12
Copy of current Title Report; Copy of Soils Report; and a copy of the associated
Hydrology Study/Report.
18. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
19. 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 the Grading
Plan.
20. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), a
cash bond equal to two thousand dollars ($2,000.00) per acre shall be posted
with the City of Palm Springs for mitigation measures of erosion/blowsand that
may occur during grading and development of the property.
21. 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
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.
22. 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
23. 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.
24. The existing 36" diameter storm drain within the easterly portion of the property
may be used for conveyance of stormwater runoff volumes in excess of the
volume created by a 100-year storm, provided a hydrology study of the tributary
Resolution 21223
Page 13
drainage area directing stormwater runoff to the storm drain facility and hydraulic
analysis of the storm drain facility is prepared and demonstrates that the storm
drain facility has additional capacity to contain the increased stormwater runoff.
The hydrology study and hydraulic analysis shall be subject to review and
approval by the City Engineer.
25, Provisions for the interception of nuisance water from entering West Vista Chino
from the project site shall be provided through the use of a minor storm drain
system that collects and conveys nuisance water to landscape or parkway areas,
and in only a stormwater runoff condition, pass runoff directly to the streets
through parkway or under sidewalk drains.
26. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $6,511 per acre per Resolution No.
15189. Fees shall be paid prior to issuance of a building permit.
GENERAL
27. 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.
28, All proposed utility lines shall be installed underground.
29. All existing utilities shall be shown on the grading plan. The existing and
proposed service laterals shall be shown from the main line to the property line.
30. 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 grading plan
shall be submitted to the City Engineer for approval prior to construction.
31. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code,
all existing and proposed electrical lines of thirty-five thousand volts or less and
overhead service drop conductors, and all gas, telephone, television cable
service, and similar service wires or lines, which are on-site, abutting, and/or
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 north property line meet the
requirement to be installed underground. The developer is advised to investigate
the nature of these utilities, the availability of undergrounding these utilities with
respect to adjacent and off-site properties, and to present its case for a waiver of
Resolution 21223
Page 14
the Municipal Code requirement, if appropriate, to the Planning Commission
and/or City Council as part of its review and approval of this project.
If utility undergrounding is deferred in accordance with specific direction by the
Planning Commission and/or City Council, the record property owner shall enter
into a covenant agreeing to underground all of the existing overhead utilities
required by the Municipal Code in the future upon request of the City of Palm
Springs City Engineer at such time as deemed necessary. The covenant shall be
executed and notarized by the property owner and submitted to the City Engineer
prior to issuance of a grading permit. A current title report; or a copy of a current
tax bill and a copy of a vesting grant deed shall be provided to verify current
property ownership. A covenant preparation fee of $135 shall be paid by the
developer prior to issuance of any grading or building permits.
32. Contact Whitewater Mutual Water Company to determine impacts to any existing
water lines and other facilities that may be located within the project. 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
certificate of occupancy.
33. Nothing shall be constructed or planted in the public right-of-way 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.
34, 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
35. 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 parcels 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.
36. The Final Map shall clearly show the existing 18 feet wide sewer and storm drain
easement adjacent to the easterly property line, recorded as Document 94153 on
July 18, 1973. This easement is hot identified on Tentative Tract Map 32363,
TRAFFIC
37. A minimum of 48 inches of sidewalk clearance shall be provided around all above-
ground facilities for handicap accessibility. The developer shall provide same
through widening of the sidewalk or shall be responsible for the relocation of all
existing impediments located on the West Vista Chino frontage of the subject
property.
Resolution 21223
Page 15
38. A 30 inch stop sign (and standard stop bar and legend), and street name sign
shall be installed in accordance with City of Palm Springs Standard Drawing Nos.
620-625 at the northwest corner of the intersection of West Vista Chino and Royal
Desert Palms Court(private street).
39. 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.
40. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
RESOLUTION NO. 21223
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING FINAL MAP 32363
FOR PROPERTY LOCATED AT 310 AND 320 WEST
VISTA CHINO, IN SECTION 3, TOWNSHIP 4 SOUTH,
RANGE 4 EAST
WHEREAS, the Planning Commission, at its meeting of July 28, 2004, recommended
approval of Tentative Tract Map 32363 prepared by The Keith Companies, representing
Royal Desert Palms, LLC, a Delaware Limited Liability Company, for the above
described property; and
WHEREAS, the City Council at its meeting of July 28, 2004, approved Tentative Tract
Map 32363 subject to conditions; and
WHEREAS, the northerly 30 feet of Vista Chino within Final Map 32363, is to be
abandoned pursuant to Section 66434 (g) of the Government Code; and
WHEREAS, the owner offers for dedication to the City of Palm Springs Lot "A" for public
street and public utility purposes (for Vista Chino); and dedicates to the City of Palm
Springs an easement over the "private street' for public utility and sewer purposes, with
the right of ingress and egress for service and emergency vehicles and personnel.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs
as follows:
1. That Final Map 32363 is in substantial conformance with approved Tentative
Final Map 32363; and
2. That requisite conditions associated with Tentative Final Map 32363 have been
satisfied; and
3. That Final Map 32363 is in conformance with the General Plan; and
4. That Final Map 32363 conforms to all requirements of the Subdivision Map Act of
the State of California; and
5. That the abandonment of a portion of Vista Chino dedicated as an easement for
road and public utility and incidental purposes in favor of the public recorded
November 12, 1938, in Book 397, Page 392, Official Records, lying within the
boundary of the map, is approved, pursuant to Section 66434 (g) of the
Government Code; and
6. That the offers of dedication to the public on Final Map 32363 shall be accepted
by the City Clerk of the City of Palm Springs; and
7. 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
8. That the City Clerk shall cause to have recorded with the Riverside County
Recorder the Subdivision Improvement Agreement; and
9. That Final Map 32363 is hereby approved for purposes therein defined.
Resolution No. 21223
Page 2
ADOPTED this 9`h day of March, 2005.
AYES: Members Feat, McCulloch, Mills and Mayor Oden
NOES: None
ABSENT: Member Pougnet
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
Resolution 21223
Page 3
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