HomeMy WebLinkAbout4/16/2008 - STAFF REPORTS - 2.P. "PALM S"
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*C�``FORC City Council Staff Report
April 16, 2008 CONSENT CALENDAR
Subject: TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT
FOR TRACT MAP 31848-1 WITH SUNCAL PSV, LLC, A DELAWARE
LIMITED LIABILITY COMPANY.
From. David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
SUNCAL PSV, LLC, is requesting a 3-year extension of time for the Subdivision
Improvement Agreement (Agreement No. 5393) for Tract Map No. 31848-1 ("Avalon").
None of the 397 single family residences or the multi-family residential units have been
completed. Due to real estate market conditions, the developer is requesting an
extended period of time to complete remaining improvements within the project. Staff
recommends a 1 year extension of time be granted.
RECOMMENDATION:
1) Approve a one-year extension of time for the completion of improvements
associated with Subdivision Improvement Agreement, (Agreement No. 5393) for
Tract Map 31848-1, with SUNCAL PSV, LLC, a Delaware Limited Liability
Company.
STAFF ANALYSIS:
On December 6, 2006, City Council approved a Final Map for Tract No. 31848-1, a
mixed use residential and commercial subdivision consisting of 397 single family
residences, a multi-family residential lot, 22 open space lots, including a golf course,
and a corresponding Subdivision Improvement Agreement (Agreement No. 5393), with
the developer, SUNCAL PSV, LLC, a Delaware Limited Liability Company. The
agreement secures the cost of constructing certain on-site and off-site public
improvements necessary for the subdivision.
The original expiration date for the agreement is May 4, 2008. However, due to the
downward trend in the real estate market, the developer is requesting a three-year time
extension. The developer has not completed the improvements required under the
Item No. 2 . P a
City Council Staff Report
April 16, 2008
TM31848-1 Subdivision Improvement Agreement Time Extension
Subdivision Improvement Agreement, and has not started construction of any of the
single family residences or condominium units within the development.
On March 27, 2008, the City Engineer received a written request from the developer for
a three-year time extension. There remain some items of off-site and on-site work that
have not been completed. The off-site improvements remaining to be completed is the
construction of the Sunrise Parkway from Avalon Way to Sunrise Way, sidewalk
improvements on San Rafael Drive and Indian Canyon Drive, completion of median
island landscaping and other improvements in Sunrise Parkway and Indian Canyon
Drive, and installation of a traffic signal at Indian Canyon Drive and Sunrise Parkway.
The on-site improvements remaining to be completed are final asphalt paving, signing,
and pavement markings of on-site streets, the decorative concrete paving at the Indian
Canyon Drive entrance to the development, completion of the Sunrise Parkway
entrance to the development, replacement and/or repair of on-site concrete street
improvements, final adjustment to grade of sewer manholes and water valves, approval
of the on-site sewer and water systems, and subdivision monumentation.
None of the 397 single family residences or condominium units are currently under
construction. It is customary for a developer to defer construction of the final lift of
asphalt concrete pavement until the last phase of homes is under construction, to avoid
damaging the street surface. Typically, construction of homes occurs within the time
frame allowed by the Subdivision Improvement Agreement. However, due to the recent
downward trend in the real estate market, building construction has not started.
It is staff's recommendation that a 1-year time extension be granted at this time, to allow
the developer to complete construction of the project. As a condition of the extension,
the vacant property must be treated and maintained in accordance with the City's PM-
10 Ordinance. If the real estate market has not improved and house construction
remains stalled, staff will revisit the issue with the developer for a subsequent time
extension for the Subdivision Improvement Agreement, or calling of the bonds to
complete the improvements, as appropriate, at that time.
FISCAL IMPACT:
None
1Z L M��
David J. Barakian Thomas J. V�/Ison
Director of Public Works/City Engineer Assistant Cit�i Manager
David H. Ready, City I r
Attachments:
1) Vicinity Map, 2) Subdivision Improvement Agreement
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DOC # 2007-0113033
02/16/20ye I of 1
0708:00RFee:NC
Recorded in Official Records
County of Riverside
RECORDING REQUESTED BY: Larry IW- Ward
CRY OF PALM SPRINGS Assessor, County Clerk & Recorder
AND WHEN RECORDED MAIL TO: i IIIIII IIIIIII IIIII II IIIIII IIIIIII(IIII III IIIII IIII IIII
City of Palm Springs
P. O. Box 2743 S R U I PAGE I SIZE FDA MISC I LONG RFD COPY
Palm Springs, CA 92263 1
Attn: Office of the City Clerk M A I L 1 465 1 426 I PCOR NCOR SMF (NCHd C �
((qxx/ 811
Filing fee EXEMPT per Government Code 6103
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and A5393
SUNCAL PSV, LLC,
A DELAWARE LIMITED LIABILITY COMPANY
Title of Document
THIS AREA FOR
RECORDER ' S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
TABLE OF CONTENTS
1. Construction Obligations.....-,-.............._--------___......................................... 2
1.1 Works of Improvement ............................................. .•-•---•-•-----_----- ......2
1.2 Other Obligations Referenced in Conditions of
Tentative Map Approval.................... .. •..............................................--...2
1.2a Deferred or Assigned Obligation.................. __.............. ................2
1.3 Intent of Plans_... .......... -----__......... . .................................--3
1.4 Survey Monuments........................... ........................................--..3
1.5 Performance of Work............... ------- ............................ ----------------------_----4
1.6 Changes in the Work................. ..........................•-•----...............................4
1.7 Defective Work.............................. •--------...........................................--------4
1.8 No Warranty by City - ....................................................4
1.9 Authority of the City Engineer.......................................... ..........................4
1-10 Documents Available at the Site.................................................................5
1.11 Inspection............... ...........................---•-----------... __....5
1.12 Compliance with Law............................ • •--.............................................5
1.13 Suspension of Work ....................................................................... 5
1.14 Final Acceptance of Works of Improvement...............................................5
2. Time for Performance...................... ............................. •. ...................................6
2.1 Commencement and Completion Dates.....................................................5
2.2 Phasing Requirements...............................................................................6
2.3 Force Majeure ................................. -------......................................------_....6
2.4 Continuous Work..... ................ .............................................................. ..7
2.5 Reversion to Acreage..._.,.................. . ................................ .••-•-. ..........7
2.6 Time of the Essence............. . ................................................................7
3- Labor................................ . ................•-----.......................---.-...............................7
3.1 Labor Standards..................................................................................... ...7
3.2 Nondiscrimination... .......................................... . . ..................................7
3.3 Licensed Contractors........-•....................... . -- .......................................--..7
3.4 Workers' Compensation ----_......... ................-------------- ........8
4. Security__....................... . ................ •. ....................--- ................................--8
4.1 Required Security. ____..................................8
4.2 Form of Security Instruments.--,_............ .......__....................... ....8
4.3 Subdivider's Liability...... ................ ... ...................... . ..............................9
4.4 Letters of Credit........................... .. .........................................................9
4.5 Release of Security Instruments...............................................................10
IIIIII IIIIIII IIIII II IIIIII IIIIIII IIII I III I I II IIII 02�6/2 6£031 GOP 000005
5. Cost of Construction and Provision of Inspection
Service............................................................•---................................................10
5-1 Subdivider Responsible for All Related Costs of
Construction ............. ............................... --------------.............................10
5-2 Payment to City for Cost of Related Inspection
and Engineering Services..... .. ...............................•-•------------•- •----------11
6. Acceptance of Offers of Dedication.....................................................................11
7. Warranty of Work............................. ----- •----•--..-...11
8. Default..................................--- ...................................--.12
8.1 Remedies Not Exclusive...........................................................................12
8.2 City Right to Perform Work...................... . • .........................................12
8.3 Attomey's Fees and Costs............................................................... ---12
9. Indemnity.............................................................................................................12
10 General Provisions....................................................... . ....................................13
10.1 Successors and Assigns ..........................................................................13
10-2 No Third Party Beneficiaries.....................................................................13
10.3 Entire Agreement; Waivers and Amendments..........................................13
11. Corporate Authority ..............................................................................13
2007 9113033 ®Q a a lip 0
IIIIII IIIIII II III III II I IIIII III IIIII IIII IIII g2116130of 4B B0F
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIIYISION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this _ ism day of 1kW 2006, by and between the
CITY OF PALM SPRINGS, a California charter city ("CITY"), and SUNCAL PSV, LLC, a
Delaware Limited Liability Company, (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No, 31848-1 located in the City of Palm Springs, County of
Riverside, State of California (the "Property"), as described on Exhibit "A". The map
contains conditions of approval for the development of the Property (the "Conditions")
as described on Exhibit "B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication
to the City of Palm Springs Lots "A" through "C" for street and public utility purposes;
easements for public utility and sewer purposes with right of ingress and egress for
service and emergency vehicles and personnel over Lots "D" through "T" (private
streets), as shown on the map; easements for public utility and sewer purposes (shown
as "10' PUE") along and adjacent to Lots "D" through "T" (private streets), as shown on
the map; easements for sidewalk, public utility, and sewer purposes over Lots "U"
through "Z" and Lots "AA" through "AH", as shown on the map; easements for storm
drain purposes over Lots "K", "AA", "AF", and "AY', as shown on the map; and City
desires to accept the public dedication'as shown on the final map, and certain other
improvements described in this Agreement.
C. Subdivider has delivered to City and City has approved plans and
specifications and related documents for certain 'Works of Improvement" (as hereinafter
defined) which are required to be constructed and installed in order to accommodate the
development of the Property_
D. Subdivider's agreement to construct and install the Works of Improvement
pursuant to this Agreement and its offer of dedication of the streets, easements and
other improvements and facilities, as shown on the Map, are a material consideration to
City in approving the final map for the Property and permitting development of the
Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference
and in consideration of City's approving the Map for the Property and permitting
development of the Property to proceed, Subdivider agrees to timely perform all of its
obligations as set forth herein.
Page 1 of 13
20A7 0113033
IN l��u It 444 III 11111 82116/4Gof p9.00P
I. 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 $17,385,000-00,
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, except as indicated in Section 1.2(a) herein below. The
conditions of approval associated with the Tentative Map are included as Exhibit "B"
attached hereto.
1.2(a) Deferred or Assigned Obligation. Subdivider has requested (1) deferral,
or (2) transfer and assignment to City, Subdivider's obligation to construct a 12 feet
wide combination sidewalk and bicycle path along the northerly frontage of the Sunrise
Parkway within Tract Map No. 31848-1, as required by Engineering Condition #86 of the
Tentative Map, as shown on Exhibit "B", (hereafter "Obligation"). Subdivider's request is
based on the lack of a sufficiently wide parkway in which to construct the required
improvement and install adequate landscaping. City has agreed to either (1) defer the
Obligation, or (2) accept assignment of the Obligation, to be performed by the City in the
future. Construction of the deferred Obligation by Sudivider, or construction of the
assigned Obligation by City, shall be completed at such time as the City and the
Riverside County Flood Control and Water Conservation District (RCFC) have entered
into a Joint Use and Cooperative Agreement, or other legally acceptable agreement, for
the development of recreational amenities and improvements for use by the general
public along RCFC Flood control levees within RCFC easements and rights-of-way in
the City. Concurrently with the execution of this Agreement, a Security Instrument
securing Subdivider's faithful performance of the deferred Obligation, (hereafter
"Obligation Security"), in the amount of $698,544-00, equal to 100% of the City's
estimated future cost to construct the Obligation, shall be submitted.
Subdivider hereby agrees to initiate efforts with RCFC on preparation of a draft
Joint Use and Cooperative Agreement by which the Obligation may be constructed by
Subdivider or City. Subdivider shall make every reasonable effort to coordinate with
RCFC such that construction of the deferred Obligation by Subdivider is completed
within five (5) years, (hereafter "Deferred Deadline").
In the event Subdivider has not completed construction of the deferred Obligation
by the Deferred Deadline, Subdivider hereby agrees to deposit with the City the sum of
$698,544.00 (hereafter "Deposit"), and City agrees to release and return to Subdivider
Page 2 of 13
I IIII IIIIII AAl1All IIIII II IIIII II III IIIII IIII t3 CMOs
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the Obligation Security. As a condition of City's acceptance of the assigned Obligation
from Subdivider, Subdivider acknowledges City's right to construct the assigned
Obligation at its discretion, not to exceed ten (10) years after the date of this
Agreement, and hereby waives any rights Subdivider may have pursuant to law with
regard to the City's timely expenditure of the Deposit. City agrees to construct the
assigned Obligation within ten (10) years of the date of this Agreement, unless such
time is extended upon mutual agreement by the Subdivider and City. If the City
determines that construction of the assigned Obligation is not feasible along the RCFC
flood control levee, the City may use the Deposit for construction of public
improvements of any kind that City determines, in its sole discretion, will benefit the
residents within Tract Map No. 31848-1. If the assigned Obligation, or an alternative
public improvement determined by the City, has not been completed by the City within
ten (10) years of the date of this Agreement, or any agreed extension of time thereof,
the City shall return the Deposit to the Home Owners Association or other non profit
mutual benefit corporation established for the residents within Tract Map No. 31848-1,
for their use as they may determine. No interest shall accrue on the Deposit otherwise
due. In the event City is unable to return the Deposit to a Home Owners Association or
other non profit mutual benefit corporation established for the residents within Tract Map
No. 31848-1, or none has been established or exists, City shall have the right to retain
the Deposit, which shall be used by City at its discretion.
In acknowledgement of Subdivider's waiver of rights, if any, with regard to the
Deposit required herein, Subdivider has initialed its acceptance of the conditions of the
deferred or assigned Obligation ,hereafter:
SUNCAL PSV, LLC, _ N
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to
prescribe a complete work of improvement which Subdivider shall perform or cause to
be performed in a manner acceptable to the City Engineer (or his/her designee) and in
full compliance with all codes and the terms of this Agreement. Subdivider shall
complete a functional or operable improvement or facility, even though the Plans may
not specifically call out all items of work required for the contractor to complete its tasks,
incidental appurtenances, materials, and the like. If any omissions are made or
information necessary to carry out the full intent and meaning of the Plans, Subdivider
or its contractor shall immediately notify its design engineer who will seek approval of
the City Engineer for furnishing of detailed instructions. In the event of any doubt or
question arising regarding the true meaning of any of the Plans, reference shall be
made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized
alterations affecting the requirements and information given on the Plans shall be in
writing and approved by the City Engineer. The Plans shall be supplemented by such
working or shop drawings as are necessary to adequately control the work. Without the
City Engineer's prior written approval, no change shall be made by Subdivider or 1
i
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IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111 Jill Jill a�Vise6®7198�99R
Subdivider's contractor to any plan, specification, or working or shop drawing after it has
been stamped as approved-
1-4 Survey Monuments. Before final approval of street improvements,
Subdivider will place survey monument(s) as shown on the Map in accordance with the
provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City
of Palm Springs. Subdivider shall provide security for such obligation as provided in
Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City
Engineer of the City of Palm Springs written notice of the setting of said monument(s)
and written proof of having paid the engineer or surveyor for the setting of said
monument(s).
1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all
materials, labor, tools, equipment, utilities, transportation, and incidentals required to
perform Subdivider's obligations under this Agreement.
1.6 Changes in the Work. The City Engineer, without invalidating this
Agreement and without notification to any of the sureties or financial institutions
referenced in Paragraph 4, may order extra work or may make changes by altering or
deleting any portion of the Works of Improvement as specified herein or as deemed
necessary or desirable by the City Engineer as determined necessary to accomplish the
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.
1.12 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.
Page 5 of 13
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No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Subdivider shall (i) commence with construction and installation of the Works of
Improvement thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two
2 ears after the Commencement Date. Extensions of time for completion of the
Works of Improvement may be granted upon approval by the City Engineer or his
designee. Extension of time may be granted upon mutual agreement of the City
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
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right to extend its time for performance hereunder. City Engineer shall evaluate all
claims to Force Majeure and his decision shall be final.
2.4 Continuous Work. After commencement of construction of the Works of
Improvement (or separate portion thereof), Subdivider shall cause such work to be
diligently pursued to completion, and shall not abandon the work for a consecutive
period or more than thirty (30) days, events of Force Majeure excepted-
2-5 Reversion to Acreage. In addition to whatever other rights City may have
due to Subdivider's failure to timely perform its obligations hereunder, Subdivider
recognizes that City reserves the right to revert the Property to acreage subject to the
limitations and requirements set forth in California Government Code Sections
66499,11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of
Improvement have not been completed on or before the later of two (2) years from the
date of this Agreement or within the time allowed herein, whichever is the later, and if
City thereafter initiates proceedings to revert the Property to acreage, pursuant to
Government Code Section 66499.16 Subdivider hereby consents to reversion and
agrees that any improvements made by or on behalf of Subdivider shall not be
considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. Time is of the essence of Subdivider's performance
of all of its obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of California Department of Labor.
3.2 Nondiscrimination, Subdivider agrees that no contractor or subcontractor
performing any of the Works of Improvement shall discriminate against any employee or
prospective employee with respect to such work in hiring, promotion, seniority, or any
other terms and conditions of employment on the grounds of race, creed, color, national
origin, ancestry, religion, sex, or marital status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California and
shall cause each such contractor and subcontractor to submit to City a Certificate of
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e3eea O O a
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 Subdividers faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
$17 385,000.00 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 $8,692,500_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 $60,000.00 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) R_ eguired Security Instrument for Maintenance and Warranty. Prior to the
City Council's acceptance of the Works of Improvement and recordation of a Notice of
Completion, Subdivider shall deliver a Security Instrument warranting the work accepted
for a period of one (1) year following said acceptance ("Maintenance and Warranty
Security Instrument"), in the amount of $2.607.750.00 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:
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(a) Bonds. For Security Instruments provided in the form of bonds, any such
bond must be issued and executed by an insurance company or bank authorized to
transact surety business in the State of California. Any insurance company acting as
surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key
Rating Guide published by A.M. Best's Company, dldwick, 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.
(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the
City of Palm Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after
the deadline for Subdivider's completing the Works of Improvement, in accordance with
Section 2.1 (other than Instruments of Credit, which shall have no defined term or
expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the
Works of Improvement pursuant to the terms of this Agreement without notice to any
issuer or surety and without affecting the obligations under such Security Instrument,
4.3 Subdivider's Liability. While no action of Subdivider shall be required in
order for City to realize on its security under any Security Instrument, Subdivider agrees
to cooperate with City to facilitate City's realization under any Security Instrument, and
to take no action to prevent City from such realization of any Security Instrument.
Notwithstanding the giving of any Security Instrument or the subsequent expiration of
any Security Instrument or any failure by any surety or financial institution to perform its
obligations with respect thereto, Subdivider shall be personally liable for performance
Page 9 of 13
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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 42(b), City shall be
entitled to draw on any such letter of credit if a replacement letter of credit (expiring in
not less than one (1) year, unless City agrees to a lesser term in City's sole and
absolute discretion) is not delivered not less than thirty (30) days prior to the expiration
of the original letter of credit, such substitute letter of credit being in the same amount
and having the terms and conditions as the initial letter of credit delivered hereunder,
issued by a financial institution acceptable to City as of the date of delivery of the
replacement letter of credit-
(b) In the event of draw by the City on a letter of credit, the City may elect, in its
sole and absolute discretion, to apply any such funds drawn to the obligations secured
by such letter of credit or to hold such funds in an account under the control of the City,
with no interest accruing thereon for the benefit of the Subdivider. If the City elects to
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
Page 10 of 13
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A
2 07
1 £08190R (R(S U
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.
6.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be
responsible for payment of all costs incurred for construction and installation of the
Works of Improvement. In the event Subdivider is entitled to reimbursement from City
for any of the Works of Improvement, such reimbursement shall be subject to a
separate Reimbursement Agreement to be entered into between Subdivider and City
prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its
authorized representative make the usual and customary inspections of the Works of
Improvement. In addition, Subdivider shall compensate City for all design, plan check,
evaluating any proposed or agreed-upon changes in the work. The procedures for
deposit and payment of such fees shall be as established by the City Council. In no
event shall Subdivider be entitled to additional inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as
appropriate resolution or resolutions accepting all offers of dedication shown on the Map
for the Property, with acceptance to become effective upon completion and acceptance
by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to
execute the Certificate made a part of the Map regarding said acceptance of the offer of
dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement
against defective materials and workmanship for a period of one (1) year from the date
of final acceptance. If any of the Works of Improvement should fail or prove defective
within said one (1) year period due to any reason other than improper maintenance, or if
any settlement of fill or backfill occurs, or should any portion of the Works of
Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15)
days after written notice of such defects, or within such shorter time as may reasonably
be determined by the City in the event of emergency, shall commence to repair or
replace the same together with any other work which may be damaged or displaced in
so doing. Should Subdivider fail to remedy defective material and/or workmanship or
make replacements or repairs within the period of time set forth above, City may make
Page 11 of 13
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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 CitV Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdividers 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 Attorn_eV'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 casts of suit and
reasonable attorney's fees. In the event of any dispute arising out of Subdivider's
performance of its obligations under this Agreement or under any of the Security
Instruments referenced herein, the prevailing party in such action, in addition to any
other relief which may be granted, shall be entitled to recover its reasonable attorney's
fees and costs. Such attorney's fees and cost shall include fees and costs on any
appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all
other reasonable costs incurred in investigating such action, taking depositions and
discovery, retaining expert witnesses, and all other necessary and related costs with
respect to the litigation. All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not the action is
prosecuted to judgment.
9. Indemni . Subdivider agrees to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's
failure to perform the construction and installation of the Works of Improvement in
accordance with the requirements contained or referenced in this Agreement. Said
indemnity obligation shall apply to personal injury, death, property damage, economic
loss, and any other monetary damage or penalty to which City may be subjected,
including without limitation, attorney's fees and costs and the costs of realizing on any
Page 12 of 13
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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 Authoritv.The persons executing this Agreement on behalf of
the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into of this Agreement does not violate any provisions
of any other Agreement to which said party is bound.
(Signatures on Next Page)
Page 13 of 13
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IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
YTANDARD
ames Thompson, CoClerk David H. Rea y, onager
FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED BY:
nrPRDVLD BY CITY COUNCIL
Nh11S 12 bob13
David Barakian, City Engineer
SUBDIVIDER:
SUNCAL PSV, LLC, a Delaware Limited Liability Company
Check one: _Individual Partnership Corporation'-f Company
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all ers, a th ize{ d agents must sign this Agreement.
By: ! By:
Signature (notarized) Signature (notarized)
Name: Bruce V. Coo Y, Name:
Title: Ger%eral Counsel Title:
(For Corporations, this document must be signed For Corporations,this document must be signed in
in the above space by one of the following: the above space by one of the following:
Chairman of the Board, President or any Vice Secretary, Chief Financial OfFcer or any Assistant
President) Treasurer)
Mailing Address:
SunCal Companies
74-130 Country Club Drive, Suite 101
Palm Desert, CA 92260
QQQ®� Q
I IIIIII III��II IIIII II IIIIII IIIIIII IIIII III IIIII III IIII 02 1 206708;GOA
17 of
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On November 13, 2006 before me, Susan E. Morales/Notary Public
NAME,TITI,F OF OFFICER
personally appeared Bruce V. Cook
NAME OF SIGNF,R(S)
® Personally known to me or- ❑ Proved to me on the basis of satisfactory evidence to be the
person,(s) whose nameo is/4iw subscribed to the within
instrument and acknowledged to me that he/sgs/ y-_
SUSAN E. Moau.es executed the same in his/herftheir authorized capacity(ies),
commission# I632049 z
Orange and that by his/Ilen%4eif signature(g) on the instrument the
:_m _ Notary nge Coun- untytlomlo s personW, or the entity upon behalf of which the persons)
MVComm,FxpiresDec25,2009 acted, executed the instrument.
WITNESS my hand and official seal.
(SIGNATURE OF NOTARY)
OPTIONAL.
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLATM11)BY SIGNER DESCRIPTION OF ATTACKED DOCUMENT
❑ INDIVIDUAL/OWNER
❑ CORPORATE OFFICER
Subdivision Im rovement Agreement
TITLE(S) TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED X3
❑ GENERAL NUMBER OF PAGES
❑ MANAGING MEMBER
® GENERAL COUNSEL 11113106
DATE OF DOCUMENT
❑ OTI•TER:
SIGNER IS REPRESENTING:
NAW OF PERSON(S)OR ENTITY(ICS)
SunCal PSV, LLC
I III 000921
IIIIIII IIIIIII Iilll II�IIIII IIIIIII IIIII III IIIIII IIIIIII ea se i Bof' iesa
LA►{RY W. WARD o uli"C,
I'll liu� 7'I
COUNTY OF RIVERSIDE u.•n..d,.( A4z�nI ,,Is
ASSESSOR-COUNTY CLrRK-RFCORUER (,M)4 He,anun
hrlp f/rl%CN(JC A Y JAI'. I RIM
NOTARY CLARITY
Under the provisions of Government Code 27361.7, 1 certify under the penalty of perjury
that the notary seal on the document to which this statement is attached reads as
follows.-
Name of Notary: ��- y��� MOM L F,5
Commission #:
Place of Execution: PA
Date Commission Expires.-
Date:
Signature:
Print Name: FELLt2E \ P�
[iCf��G2
ACA 186P-AS4AL•0(Rev.O 112005) III I IIIIIII IIII II IIIIII IIIII I IIIII III IIIIII III III 02 2 606GOA
19 of08 1
EXHIBIT "A"
TRACT MAP 31848-1 LEGAL DESCRIPTION
Tract Map No. 31848-1, as recorded in Map Book 41N, Pages j9 through 73 inclusive,
records of Riverside County, California.
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ez200201£ee1 --
EXHIBIT "B"
TENTATIVE TRACT MAP 31848-1 CONDITIONS OF APPROVAL
IIIII1111111111111111111111 26/2 GOO 0000
O2 aGA III IIIIIIIIIII IIII IIII e£ �.
Rewluhm 20920
Page 8
' EXHIBIT B
Case No. 5.0982-GPA-PD-290, Tentative Tract Map 31848
Palm Springs Village, McComic Consolidated/TransWest Housing
May 5, 2004 (Rev 5/20/04)
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning and Zoning, 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 5,0982-PD-290, TTM 31848.
The City of Palm Springs will promptly notify the applicant of any such claim,
action, or proceeding against the City of Palm Springs and the applicant will either
undertake defense of the matter and pay the City's associated legal costs or will
advance funds to pay for defense of the matter by the City Attorney. If the City of
Palm Springs fails to promptly notify the applicant of any such claim, action or
proceeding or fails to cooperate fully in the defense, the applicant shall not,
thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm
Springs. Notwithstanding the foregoing, the City retains the right to settle or
abandon the matter without the applicant's consent but should it do so, the City
shall waive the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
3, That the property owner(s)and successors and assignees in interest shall maintain
and repair the improvements including and without limitation sidewalks, bikeways,
' 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
IIIIII IIIIIII IIIII it IIIIII IIIIIII IIIII III IIIIIII II IIII 62/1 s 2 B1`B800R
Resolution 20920
Page 9
sole expense. The PS Village HOA shall be responsible for the maintenance of
both sides of the Sunrise Parkway. This condition shall be included in the recorded ,
covenant agreement for the property if required by the City, and shall be required
in the CC&Rs.
4. 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.
5. Prior to issuance of a grading permit, Fringe Toed Lizard Mitigation fees shall be
submitted to CVAG_
6. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an in
lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building
permit valuation as calculated pursuant to the valuation table in the Uniform
Building Code, the fee being 1/2% for commercial 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.
7. Pursuant to Park Fee Ordinance No. 1532 and in accordance with Government
Code Section 55477 (Quimby Act), all residential development shall be required to
contribute to mitigate park and recreation impacts such that, prior to issuance of
residential building permits, a parkland fee or dedication shall be made.
Accordingly, all residential development shall be subject to parkland dedication
requirements and/or park improvement fees. The parkland mitigation amount shall
be based upon the cost to acquire and fully improve parkland. Dedication of the
7.55-acre park site shall be made prior to issuance of the first grading permits.
Environmental Assessment
8_ The mitigation measures of the environmental assessment shall apply and shall
be incorporated into the final plans, prior to issuance of permits, The applicant
has submitted a signed statement agreeing to the mitigation measures.
CC&R's
9. 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, and shall require '
maintenance of all property in a good condition and in accordance with all
ordinances.
I I II II II I I I II III 2007-0113033
ev
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Resolution 20920
Page 10
10. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$2500, for the review of the CC&R's by the City Attorney. A $250 riling fee, or
other fee in effect at the time of submission of the CC&Rs, shall also be paid to
the City Planning Department for administrative review purposes_
11. The CC&R's shall have a disclosure statement regarding the location of the
project relative to roadway noise, aircraft noise and the widening of Sunrise
Parkway in the future, Said disclosure shall inform perspective buyers about
traffic, an active recreation park-site and lighted playing fields, noise due to
Sunrise Parkway, Indian Canyon Drive, San Rafael Drive and the Palm Springs
International Airport, aircraft, and other activities which may occur in this area.
a. 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 the parcel.
b_ These disclosures shall also be incorporated into a covenant to be
recorded on the title of each residential parcel.
Cultural Resources
12, 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.
a, 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.
b. Experience has shown that there is always a possibility of buried cultural
resources in a project area. Given that, a Native American Monitors)shall
be present during all ground disturbing activities including clearing and
grubbing, excavation, burial of utilities, planting of rooted plants, etc.
Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for
additional information on the use and availability of Cultural Resource
Monitors. Should buried cultural deposits be encountered, the Monitor
shall contact the Director of Planning and Zoning and after the consultation
the Director shall have the authority to halt destructive constructlon 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.
C. 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.
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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 Commissioners 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 shalt include site
plans, building elevations, floor plans, roof plans, landscape plans, irrigation
plans, wall and fence 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.
15. An exterior lighting plan for the clubhouse parking lot, in accordance with
Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be
submitted for review and approval by the Director of Planning & Zoning prior to
the issuance of building permits. Manufacturer's cut sheets of all exterior lighting
on the building and in the landscaping shall be submitted for approval prior to
issuance of a building permit. If lights are proposed to be mounted on buildings,
down-lights shall be utilized.
16. Two story units shall be not be located within 200' of the on the project
perimeter,
with the exception that they may be on the second row of lots south of
Sunrise Parkway_
17. Project property development standards:
Single Family standards—
Building Height: 18'-24'
Front Setback:
Residence 5'
Side loaded garage 5'
Front loaded garage 20'
Side setback: 5' (with some zero lot line units)
Rear setback: 15,
Multi-Family Parcels "A"and "B" R-3 zone property development standards
Exceptions: 45% open space required
Building height: 25' ,
18, The Design Review Committee makes the following design recommendations:
a. Provide a view fence to the golf course on Indian Avenue. Q
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b. Meander walls on Indian Avenue and adjacent to all other public
roadways. This shall be reviewed by the Design Review Committee as
part of Final PD plans.
c. Add trees to both sides of the sidewalks, where sidewalks meander,
except where conflicts with underground utilities would result_
d. Sidewalks and bikeways should be provided on both sides of Sunrise
Parkway.
e. Add additional trees to the median and landscape area at the Caballeros
Road entry.
f. Landscape shall be desert landscape, lush but efficient, with low watering
requirements. Limit turf to active recreation areas only. Pull turf away from
streets, sidewalks and bikeways where possible.
g. Architecture must be high quality and well designed. The proposed
project architecture is not approved. Restudy the architecture, provide a
variety of architectural styles and products and consider the climate and
location of the project.
h. Include decorative paving, in all driveway areas in multi-family parcels, in
order to meet the overall 65% minimum open space requirement, or
otherwise demonstrate compliance with the minimum 65% requirement.
Minimum open space of 45% is required for Parcels A"and "B".
19. The lots which back to existing residences on Via San Dimas, shall be rede-
signed and widened to match the existing lot widths of the subdivision located to
the south.
GENERAL CONDITIONS/CODE REQUIREMENTS
20_ The project is subject to the City of Palm Springs Water Efficient
LandscapeOrdinance. 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.
21. 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.
22, 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.
' 23. Separate architectural approval and permits shall be required for all signs.
A detailed sign program shall be submitted for review and approval by the
Planning Commission, prior to issuance of building permits.
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24. All roof mounted mechanical equipment shall be screened from all possible
vantage points both existing and future per Section 9303.00 of the Zoning
Ordinance. The screening shall be considered as an element of the overall
design and must blend with the architectural design of the building(s). The
exterior elevations and roof plans of the buildings shall indicate any fixtures or
equipment to be located on the roof of the building, the equipment heights, and
type of screening. Parapets shall be at least 6" above the equipment for the
purpose of screening.
25. 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.
26, Perimeter walls shall be designed, installed and maintained in compliance
with the comer cutback requirements as required in Section 9302.00.D.
27. 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.
28. The street address numbering/lettering shall not exceed eight inches in
height.
29. Construction of any residential unit shall meet minimum soundproofing
requirements prescribed pursuant to Section 1092 and related sections of Title
25 of the California Administrative Code. Compliance shall be demonstrated to
the satisfaction of the Director of Building and Safety.
30. Details of pool fencing (material and color) and equipment area shall be
submitted with final landscape plan.
31. 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.
Parking Design
32. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized
spaces shall be 15 feet deep by 8 feet wide_ Handicap parking spaces shall be
18 feet deep by 9 feet wide plus a 5-foot walkway at the right side of the parking
space; two (2) handicap spaces can share a common walkway. One in every
eight (8) handicap accessible spaces, but not less than one (1), shall be served
by an 8-foot walkway on the right side and shall be designated as "van
accessible".
33, 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
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given to potential difficulties with the handicapped accessibility to the building
' due to the future grading plans for the property.
34. Compact and handicapped spaces shall be appropriately marked per
Section 93.0&00.C.10.
35. Curbs shall be Installed at a minimum of five (5) feet from face of walls,
fences, buildings, or other structures. Areas that are not part of the maneuvering
area shall have curbs placed at a minimum of two (2)feet from the face of walls,
fences or buildings adjoining driveways.
36. Parking lot light fixtures shall align with stall striping and shall be located
two to three feet from curb face.
37, Islands of not less than 9 feet in width with a minimum of 6 feet of planter
shall be provided every 10 parking spaces. Additional islands may be necessary
to comply with shading requirements,
38. Shading requirements for parking lot areas as set forth in Section 9306.00
of the Zoning Ordinance shall be met. Details to be provided with final landscape
plan.
39. Parking stalls shall be delineated with a 4 to 6 inch double stripe- hairpin
or elongated "U" design. Individual wheel stops shall be prohibited;a continuous
6" barrier curb shall provide wheel stops.
40. Concrete walks with a minimum width of two (2) feet shall be installed
adjacent to end parking spaces or end spaces shall be increased to eleven (11)
feet wide.
41. Tree wells shall be provided within the parking lot and shall have a
planting area of six feet in diameter/width.
Waste Disposal
42. Trash cans shall be screened from view and kept within fifty (50) feet of the
street.
POLICE DEPARTMENT
43. Developer shall comply with Section 11 of Chapter 8.04 of the Palm
Springs Municipal Code.
BUILDING DEPARTMENT
44. Prior to any construction on-site, all appropriate permits must be secured.
FIRE
' 45. Street Widths: Sections 13-13, private street"A"and Section C-C, Avenida
Caballeros are at a minimum width where no parking will be allowed.
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46. Turnarounds: The terminus of private street "A" into the Clubhouse area
will require an approved turnaround. '
47. Building or Complex Gate Locking Devices: Locked gate(s) shall be
equipped with a KNOX key switch device or Key box. Contact the fire
department at 323-8186 for a KNOX application form. (902.4 CFC)
48. Vertical Fire Apparatus Clearances: Palm Springs Fire Apparatus require
an unobstructed vertical clearance of not less than 13 feet 6 inches. (90222.1
CFC)
49. Road Design: Fire apparatus access roads shall be designed and
constructed as all weather capable and able to support a fire truck weighing
73,000 pounds GVW. (902.2.22 CFC)
50. Residential fire hydrants: Residential fire hydrants shall be installed in
accordance with DWA or Mission Springs Water District specifications and
standards. No landscape planting, walls, or fencing are permitted within 3 feet of
fire hydrants. The Fire Chief or designee may be allowed to consider subsequent
information regarding the five-minute response time and change limits where fire
sprinklers are required,
51_ Mandatory Fire Sprinklers: Project beyond five-minute response time
from the closest fire station and therefore requires an automatic Fire Sprinkler
System. The developer shall fund or prepare, at the discretion of the Fire Chief, a
5-minute response study to re-evaluate response times to the subject property.
ENGINEERING
STREETS
52. Any improvements within the public right-of--way require a City of Palm Springs
Encroachment Permit.
53. Coordinate with Sunline Transit Agency regarding required public transit
facilities on or adjacent to the development. Any required public transit facilities,
including bus stops, tum-outs, bus shelters and furniture, or other miscellaneous
public transit improvements shall be furnished, constructed and installed in
conjunction with construction of the associated street improvements.
54. Submit street improvement plans for all proposed streets (public and
private) to the Engineering Division. The plans shall be prepared by a
Registered Civil Engineer and approved by the City Engineer prior to issuance of
any building permits.
55. All required off-site public street improvements (San Rafael Drive, Indian
Canyon Drive, Sunrise Parkway, Indian Canyon Drive/Sunrise Parkway Traffic
Signal, and Avenida Caballeros) shall be constructed prior to development that
encompasses over 50% of the entire project, or equivalent to completion of
construction prior to issuance of the 619th certificate of occupancy (50% of 1,237
building pen-nits), without regard to approved phasing plans for development or
as may be required adjacent to a Final Map or Maps (if the development is
phased). 00 9 0.22 2
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' INDIAN CANYON DRIVE
56. Dedicate an additional 20 feet to provide the ultimate half street right-of--way
width of 50 feet along the entire frontage, together with a property line - corner
cut-back at the southeast corner of the intersection of Indian Canyon Drive and
Sunrise Parkway in accordance with City of Palm Springs Standard Drawing No.
105.
57. Construct an 8-inch curb and gutter, 38 feet east of centedine along the
entire frontage in accordance with City of Palm Springs Standard Drawing No.
200.
58. Construct a 25 feet radius curb return and spandrel at each side of the
intersection of Indian Canyon Drive and the West Entrance in accordance with
City of Palm Springs Standard Drawing No. 206.
H. Construct an 8 feet wide cross gutter at the intersection of Indian Canyon
Drive and the West Entrance in accordance with City of Palm Springs
Standard Drawing No. 200 and 206.
C. Construct Type A curb ramps at each side of the intersection of Indian
Canyon Drive and the West Entrance, in accordance with City of Palm
' Springs Standard Drawing No. 212.
D. The West Entrance shall be restricted to right-tum ingress and egress
only. The ingress and egress lanes shall have a 20 feet minimum width.
Final configuration of the West Entrance shall be subject to review and
approval of the City Engineer and Fire Marshall.
E. Access to the Golf Maintenance area, or any facility proposed within the
Golf Maintenance area indicated on the revised site plan for Tentative
Tract Map 31848, shall be prohibited from Indian Canyon Drive, unless
additional improvements to Indian Canyon Drive are provided, acceptable
to the City Engineer, that restricts access into the Golf Maintenance area
to right-tum ingress and egress only. If access is proposed into the Golf
Maintenance area from Indian Canyon Drive, it shall be limited to the
southerly portion of the site, and be subject to the review and approval of
the City Engineer, and may require extension of the landscaped median
south of the south property line of the Golf Maintenance area, including
roadway widening and, if necessary, right-of-way acquisition as required
to provide required improvements to eliminate left-turn ingress and egress
into the Golf Maintenance area. Access into the Golf Maintenance area
shall be provided from the West Entrance, or internally within the
development, to the greatest extent possible.
59. Construct a 35 feet radius curb return and spandrel at the northeast and
' southeast corners of the intersection of Indian Canyon Drive and Sunrise
Parkway in accordance with City of Palm Springs Standard Drawing No_ 206.
60. Construct an 8 feet wide cross gutter at the intersection of Indian Canyon
Drive and Sunrise Parkway with a flow line parallel with and 38 feet east of the
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centerline of Indian Canyon Drive in accordance with City of Palm Springs
Standard Drawing No. 200 and 206. '
61. Install a nuisance water drainage system to intercept storm water runoff
at the intersection of Indian Canyon Drive and Sunrise Parkway to minimize
nuisance water within the cross gutter, in a manner acceptable to the City
Engineer.
62. Construct a meandering, 12 feet wide combination sidewalk and bicycle
path along the entire frontage. The sidewalk and bicycle path shall be
meandering, as approved by the Director of Planning and Zoning, and
constructed with colored Portland Cement concrete. The admixture shall be Palm
Springs Tan, Desert Sand, or approved equal color by the Engineering Division.
63. Construct Type A curb ramps at the northeast and southeast corners of
the intersection of Indian Canyon Drive and Sunrise Parkway, in accordance with
City of Palm Springs Standard Drawing No. 212.
64. Construct a minimum pavement section of 5 inch asphalt concrete
pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at
95% relative compaction, or equal, from edge of proposed gutter to clean saw cut
edge of pavement along the entire frontage in accordance with City of Palm
Springs Standard Drawing No. 110 and 340. If an alternative pavement section
is proposed, the proposed pavement section shall be designed by a California
registered Geotechnical Engineer using RR" values from the project site and
submitted to the City Engineer for approval. '
65. Construct a 14-feet wide curbed and landscaped median island along the
entire frontage. Provide left turn pockets at Corazon Avenue and Tramview
Road. The left turn pockets shall be designed in accordance with Section 405 of
the current edition of the CalTrans Highway Design Manual, as approved by the
City Engineer. Submit landscaping and irrigation system improvement plans for
review and approval by the City Engineer and Director of Planning &Zoning.
66. Construct additional street improvements north of the intersection with the
Sunrise Parkway as necessary to provide an additional south bound left-turn lane
With a 225 feet long left-tum pocket and associated tapering and widening, as
required and approved by the City Engineer. Acquire additional right-of-way for
the City of Palm Springs, if necessary, to facilitate the intersection widening
improvements.
67. The proposal for a traffic circle or roundabout at the Indian Canyon Drive
and Sunrise Parkway intersection, as indicated on Tentative Tract Map 31848, is
not approved.
SAN RAFAEL DRIVE (WEST OF INDIAN CANYON DRIVE)
68. Construct street improvements (asphalt pavement widening, traffic striping and
related improvements) as necessary to widen the west leg of the San Rafael ,
Drive and Indian Canyon Drive intersection, in a manner that improves
intersection capacity acceptable to the City Engineer.
SAN RAFAEL DRIVE (EAST OF INDIAN CANYON DRIVE) 4,�=
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(39. Construct an 8-inch curb and gutter, 32 feet north of centerline along the
entire frontage in accordance with City of Palm Springs Standard Drawing No.
200.
70. Construct a 12 feet wide combination sidewalk and bicycle path along the
entire frontage. The sidewalk and bicycle path shall be meandering, as approved
by the Director of Planning and Zoning, and constructed with colored Portland
Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or
approved equal color by the Engineering Division
71. Construct a minimum pavement section of 3 inch asphalt concrete
pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at
95% relative compaction, or equal,from edge of proposed gutter to clean saw cut
edge of pavement along the entire frontage in accordance with City of Palm
Springs Standard Drawing No. 110 and 330. 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.
AVENIDA CABALLEROS (PUBLIC)
71A. An application shall be submitted for the vacation of existing public right-of-way
provided for the construction of a "future street" extending westerly of Avenida
Caballeros located approximately 560 feet north of San Rafael Drive, and
existing public right-of-way provided for the future westerly extension of Via San
Dimas. Excess right-of-way shall be vacated to provide for a right-of-way line 30
feet west of the existing centerline of Avenida Caballeros.
7113i, The west side of Avenida Caballeros shall be de-annexed from Parkway
Maintenance District#8 and maintained by the developer's HOA. The developer
shall pay fees to the City necessary to revise the Engineer's report to accomplish
this de-annexation.
1. Remove the existing curb ramps, curb returns, spandrels, cross-gutters, and
asphalt pavement constructed for a "future street" extending westerly of Avenida
Caballeros located approximately 560 feet north of San Rafael Drive, and
constructed for the future westerly extension or Via San Dimas.
2. Construct an 8 inch curb and gutter, 20 feet west of centerline at the location of a
"future street" extending westerly of Avenida Caballeros located approximately
560 feet north of San Rafael Drive, and located at the westerly extension of Via
San Dimas, in accordance with City of Palm Springs Standard Drawing No. 200_
3. Construct a 5 feet wide sidewalk behind the curb at the location of a "Future
street" extending westerly of Avenida Caballeros located approximately 560 feet
north of San Rafael Drive, and located at the westerly extension of Via San
Dimas in accordance with City of Palm Springs Standard Drawing No. 210_
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4. Remove the existing barricade and make appropriate repairs and improvements
necessary to construct and extend Avenida Caballeros onto the proposed '
development
SUNRISE PARKWAY
76. The following recommendations regarding the construction of the Sunrise
Parkway are, in some cases, inconsistent with the proposed improvements
identified on Tentative Tract Map 31848, specifically as indicated in Section D-D
"Sunrise Parkway" on Sheet 1_ The Tentative Tract Map details regarding the
Sunrise Parkway shall be considered as modified by the recommendations
specified by these conditions of approval. The Sunrise Parkway shall be
constructed as a Secondary Thoroughfare with a special street section consisting
of 4 travel lanes and a raised, landscaped median.
77. The alignment shall be revised, or easements shall be reserved on the final map,
such that minimum safe stopping site distance, in accordance with the California
Highway Design Manual, is achieved for a 45 mile per hour design speed
throughout those segments of the Sunrise Parkway with a proposed centerline
radius of 300 feet and 500 feet_ Measures to require minimum safe stopping
distance shall be submitted to the City Engineer for review and approval prior to
submittal of street improvement plans for the Sunrise Parkway, and/or the first
Final Map prepared within the development.
78. Dedicate 50 feet to provide the ultimate half street right-of-way width of 50 feet
along that portion extending from the easterly property line and through the right-
of-way transition from Sunrise Way to the Sunrise Parkway.
79. Acquire additional right-of-way east of the east property line (on off-site property)
as necessary to provide a full 100 feet right-of-way for the Sunrise Parkway, from
the end of Sunrise Way and extending west of the east property line.
80. Dedicate 100 feet to provide the ultimate right-of-way width of 100 feet along the
entire frontage, from the easterly property line to Indian Canyon Drive.
81, Construct an 8 inch curb and gutter, 32 feet each side of centerline along the
entire frontage, from Indian Canyon Drive to the existing end of Sunrise Way, in
accordance with City of Palm Springs Standard Drawing No. 200,
82. Construct_ intersection widening and curb tapers as necessary to provide
separate turning lanes (east bound right-turn and west bound left-turn lanes) into
the North Entrance and East Entrance, as approved by the City Engineer,
83. Construct an appropriate transition with curb tapers as necessary to transition
from the northerly end of existing improvements for Sunrise Way to the Sunrise
Parkway, as approved by the City Engineer. A proposal to transition from
Sunrise Way to the Sunrise Parkway shall be submitted to the City Engineer for
review and approval prior to submittal of street improvement plans for the
Sunrise Parkway, and/or the first Final Map prepared within the development.
84. Construct a 25 feet radius curb return and spandrel at each side of the
intersection of the Sunrise Parkway and the North Entrance and East Entrance in
accordance with City of Palm Springs Standard Drawing No. 206.
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' 85. Construct an 8 feet wide cross gutter at the intersection of the Sunrise Parkway
and the North Entrance and East Entrance in accordance with City of Palm
Springs Standard Drawing No. 200 and 206.
86. Construct a 12 feet wide combination sidewalk and bicycle path along the both
sides of the entire frontage. The sidewalk and bicycle path shall be located
adjacent to curb or meandering, as approved by the Director of Planning and
Zoning, and constructed with colored Portland Cement concrete. The admixture
shall be Palm Springs Tan, Desert Sand, or approved equal color by the
Engineering Division.
87_ Construct Type A curb ramps at each side of the intersection of the Sunrise
Parkway and the North Entrance and East Entrance, in accordance with City of
Palm Springs Standard Drawing No. 212.
88. Construct a 14-feet wide curbed and landscaped median island along the entire
frontage. Provide left turn pockets at the North and East Entrances. The left turn
pockets shall be designed in accordance with Section 405 of the current edition
of the Caltrans Highway Design Manual, as approved by the City Engineer.
Submit landscaping and irrigation system improvement plans for review and
approval by the City Engineer and Director of Planning &Zoning.
89, Construct a minimum pavement section of 3 inch asphalt concrete pavement
over 6 inch aggregate base with a minimum subgrade of 24 inches at 95%
relative compaction, or equal, from edge of proposed gutter to edge of proposed
gutter (full width) along the entire frontage in accordance with City of Palm
Springs Standard Drawing No, 110. If an altemative 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.
90, Provide adequate measures for drainage of surface storm water runoff from the
Sunrise Parkway into adjacent landscaped parkways. Intercept and convey
runoff through catch basins and minor storm drain systems to detention basins
within the landscaped parkways in order to accommodate 10-year storm water
runoff, or provide other measures acceptable to the City Engineer to
accommodate surface runoff along the Sunrise Parkway,
AVENIDA CABALLEROS (PRIVATE)
91. Dedicate a private street easement 61 and 66 feet wide as shown on Tentative
Tract Map 31848, and an easement to the City of Palm Springs for service and
emergency vehicles and personnel with right of ingress and egress over the
private street.
92. Construct a wedge curb, meeting City Engineer approval, 30 feet on both
sides of centerline along the entire frontage, with 25 feet radius curb returns and
' spandrels (where required)at intersecting on-site streets in accordance with City
of Palm Springs Standard Drawing No. 206.
93. Construct 6 feet wide cross-gutters at all intersections (where required) in
accordance with City of Palm Springs Standard Drawing No_ 200 and 206.
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Resolution 20920
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94. Construct a 6 feet wide meandering sidewalk along the east side of the entire '
frontage from the existing northerly end of Avenida Caballeros to Street "G" in
accordance with City of Palm Springs Standard Drawing No, 210.
95. Construct a 12-feet wide curbed and landscaped median island at various
locations as shown on Tentative Tract Map 31 M.
96. Construct a minimum pavement section of 3 inch asphalt concrete pavement
over 6 inch aggregate base with a minimum subgrade of 24 inches at 95%
relative compaction, or equal, in accordance with City of Palm Springs Standard
Drawing No. 110. 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.
ON-SITE (PRIVATE) STREET°A"
97. Dedicate a private street easement 51 feet wide as shown on Tentative
Tract Map 31848, and an easement to the City of Palm Springs for service and
emergency vehicles and personnel with right of ingress and egress over the
private street.
98. Dedicate a 10 feet wide public utility easement along each side of the
private street,
99. Construct a wedge curb, meeting City Engineer approval, 25 feet on both
sides of centerline along the entire frontage, with 25 feet radius curb returns and
spandrels (where required) at intersecting on-site streets in accordance with City
of Palm Springs Standard Drawing No, 206.
100_ Construct 6 feet wide cross-gutters at all intersections (where required)
with a flow line parallel with and 25 feet from the centerline of the intersecting
street in accordance with City of Palm Springs Standard Drawing No. 200 and
206,
101. Construct a 6 feet wide sidewalk along both sides of Street "A" from the
Sunrise Parkway to the gated entry in accordance with City of Palm Springs
Standard Drawing No, 210.
102. Construct a 10-feet wide curbed and landscaped median island at various
locations as shown on Tentative Tract Map 31848.
103. Construct a minimum pavement section of 3 inch asphalt concrete
pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at
95% relative compaction, or equal, in accordance with City of Palm Springs
Standard Drawing No, 110. 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.
ON-SITE (PRIVATE) STREETS "t3" THRU "U"
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' 104. Dedicate a private street easement 37 feel wide, and an easement to the
City of Palm Springs for service and emergency vehicles and personnel with right
of ingress and egress over the private streets
105. Dedicate a 10 feet wide public utility easement along each side of the
private streets.
106. Construct a wedge curb, meeting City Engineer approval, 18 feet on both
sides of centerline along the entire frontage, with 25 feet radius curb returns and
spandrels (where required) at intersecting on-site streets in accordance with City
of Palm Springs Standard Drawing No. 206.
107. Construct 6 feet wide cross-gutters at all intersections (where required)
with a flow line parallel with and 18 feet from the centerline of the intersecting
street in accordance with City of Palm Springs Standard Drawing No. 200 and
206.
108. All on-site street "knuckles" and cul-de-sac's shall be Constructed in
accordance with City of Palm Springs Standard Drawing No. 101 and 104.
109. All on-site streets shall have a minimum centerline radius of 130 feet.
110. Construct a minimum pavement section of 2Y2 inch asphalt concrete pavement
' over 4 inch aggregate base with a minimum subgrade of 24 inches at 95%
relative Compaction, or equal, in accordance with City of Palm Springs Standard
Drawing No, 110. 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
111, Connect all sanitary facilities to the City sewer system.
112, If necessary to provide public sewer service to the easterly portion of the subject
property, construct an extension of the existing 15-inch public sewer main within
the approved alignment for the Sunrise Parkway, extending to the required point
of connection.
113. Construct an 8-inch sewer main within all on-site private streets and Connect to
the public sewer main as required to the existing public sewer main in Avenida
Caballeros, San Rafael Drive or Sunrise Way.
114. Dedicate an easement across all private streets , for sewer purposes to the City
of palm Stings.
115. 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 sewer construction permits,
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Resolution 20920
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116. 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 line(s).
GRADING
117. Submit a Rough Grading Plan prepared by a California registered Civil Engineer
to the Engineering Division for review and approval_ A Fugitive Dust Control Plan
shall be prepared by the applicant and/or its grading contractor and submitted to
the 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 eorrealba@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 Grading Plan shall be
approved by the City Engineer prior to issuance of any grading or building
permits.
The first submittal of the Grading Plan shall include the following information:
Copy of signed Conditions of Approval from Planning Department; Copy of Site
Plan stamped approved and signed by the Planning Department; Copy of current
Title Report; Copy of Soils Report; and a copy of the associated Hydrology
Study/Report_
118. Drainage swales 3 feet wide and 6 inches deep shall be provided adjacent to all
curbs and sidewalks to keep nuisance water from entering the adjacent streets.
1% A National Pollutant Discharge Elimination System (NPDES) storm water 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.
120. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), a
cash bond of two thousand dollars ($2,000.00) per acre shall be posted with the
City for dust control purposes associated with grading activities on the property.
121. 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.
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' 122. Contact the Building Department to get information regarding the preparation of
the PM-10 (dust control) plan.
123. 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
124. Accept all storm water runoff passing through and falling onto the site and
conduct all storm water runoff to approved drainage structures as described in
the Preliminary Hydrology Report for the "Palm Springs Village Tract Map No.
31848", prepared by Mainiero, Smith and Associates, originally dated October
16, 2003. The Hydrology Report shall be finalized to include catch basin sizing,
storm drainpipe sizing, and retention/detention basin sizing calculations and
other specifications for construction of required on-site stern drainage
improvements.
' 125. Submit storm drain improvement plans for all on-site storm drainage system
facilities for review and approval by the City Engineer.
126. 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_ The acreage drainage fee at the
present time is $6,511 per acre per Resolution No_ 15189 and shall be paid prior
to issuance of building permits. The developer may receive credit toward
drainage acreage fees otherwise due with regard to the estimated cost of the
construction of Storm Drain Line 3 Laterals 313, 3C, and 3D. Coordination with
Riverside County Flood Control District (RCFC) shall be required to determine
credit for deletion of previously Master Planned storm drain facilities, and to
determine that the proposed on-site storm drainage system provides an
acceptable alternative to the construction of the Master Planned storm drain
facilities. If required as a condition of credit for storm drainage implementation
fees, a cooperative agreement between the developer, the City of Palm Springs,
and RCFC shall be established to identify the specific credit for storm drainage
implementation fees related to the deletion of Laterals 38, 3C, and 3E from the
Master Drainage Plan. Collection of storm drainage implementation fees shall
continue to be required, however, for future construction of Master Planned storm
drain facilities adjacent to the project, including Storm Drain Line 3, Lateral 3A
and Lateral 3E.
127. Construct required drainage improvements, including but not limited to catch
basins, storm drain lines, and outlet structures, for drainage of on-site streets into
retention basins, as described in a final Hydrology Report for Tentative Tract Map
31845 as approved by the City Engineer.
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128. All on-site storm drain systems shall be privately maintained by a Homeowners
Association and or Golf Course owner. Provisions for maintenance of the on-site '
storm drain systems shall be included in Codes, Covenants and Restrictions
(CC&R's) for this project, and shall be provided to the City Engineer for review
and approval prior to approval of the final map_
GENERAL
129. 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 bf Palm Springs Standard
Drawing No. 115.
130. All proposed utility lines shall be installed underground.
131. All existing utilities shall be shown on the improvement plans. The existing and
proposed service laterals shall be shown from the main line to the property line.
132, The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-
built" information and returned to the Engineering Division prior to issuance of a
certificate of occupancy. Any modifications or changes to approved improvement
plans shall be submitted to the City Engineer for approval prior to construction.
133. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, '
all existing overhead 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, adjacent to, and/or
transecting the property, 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.
134. Nothing shall be constructed or planted in the corner cut-off area of any
driveway or intersection 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.
135. 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
136. 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 first review of the Final Map. The Final '
Map shall be approved by the City Council prior to issuance of building permits.
In the event the Tentative Tract Map is phased into multiple Final Maps, the
developer shall submit appropriate security for construction of all required off-site
public street improvements with the first Final Map submitted for approval.
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Resolution 20920
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' 137. Abandonment or record easements across the property shall be performed in
conjunction with or prior to approval of a final map. The easements, identified as
an easement to Southern California Edison recorded December 14, 1948, in
Book 1035, Page 417; and an easement to Southern California Edison recorded
as Document No. 72-160821, shall be extinguished, quit-claimed, relocated or
abandoned to facilitate development of the subject property. Without evidence of
the abandonment of these easements, proposed individual lots encumbered by
these existing record easements are rendered unbuildable, until such time as
these easements are removed of record and are not an encumbrance to the
affected lots.
TRAFFIC
138. The original traffic impact study titled "Palm Springs Village Planned
Development District Traffic Impact Study," prepared by Endo Engineering dated
September 2003 (as amended) shall be revised to address the additional access
point into the development (the West Entrance) on Indian Canyon Drive.
Modifications, additions and deletions to the traffic impact measures outlined in
the original study (as previously amended) shall be required, as reviewed and
approved by the City Engineer. The revised traffic impact study shall be
submitted to the City Engineer for review and approval prior to submittal of
improvement plans and/or a final map associated with the development.
' 139, Submit traffic striping and signage plans prepared by a California registered Civil
Engineer to the Engineering Division for review and approval. All required traffic
striping and signage improvements shall be completed in conjunction with
required street improvements.
140. Install street name signs at each street intersection in accordance with City of
Palm Springs Standard Drawing No. 620-625.
141. Furnish and install a 9500-lumen high-pressure sodium vapor safety
street light with glare shield on a marbelite pole on the southwest comer of the
Sunrise Parkway and the East Entrance. The developer shall coordinate with
Southern California Edison for required permits and work orders necessary to
provide electrical service to the street light.
142. A 30 inch"STOP"sign and standard "STOP BAR"and "STOP LEGEND"shall be
installed in accordance with City of Palm Springs Standard Drawing No_ 620-625
at on-site street intersections as required by the City Engineer.
143. The following mitigation measures, as determined by the report titled "Palm
Springs Village Planned Development District Traffic Impact Study," prepared by
Endo Engineering dated September 2003 (as amended) shall be addressed as
follows:
A. Design and install a traffic signal at the Indian Canyon Drive and Sunrise
' Parkway intersection. Installation of the traffic signal shall be required in
conjunction with the complete extension of the Sunrise Parkway from Sunrise
Way to Indian Canyon Drive; or, shall be required in conjunction with construction
of the Sunrise Parkway from Indian Canyon Drive to the North Entrance and
issuance of the 100th certificate of occupancy within the development. The �{ st�� rr�� r�
S
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Resolution 20920
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developer may request preparation of a Reimbursement Agreement, which may
allow for reimbursement of up to 82.9% of the total cost to design and install the '
traffic signal. If requesting a Reimbursement Agreement, the developer shall
submit a $2,000 deposit for preparation of the Reimbursement Agreement by the
City Attorney, and shall be subject to actual costs required for its preparation.
11 Install traffic striping improvements at the Avenida Caballeros and San
Rafael Drive intersection to provide a south bound left-turn lane, south bound
through/right-tum lane, additional west bound through lane, north bound left-turn
lane, and north bound throughlright-turn lane. Traffic striping shall be installed in
conjunction with the extension of Avenida Caballeros through the proposed
development.
C. Provide a northbound left-tum lane and northbound right-tum lane at the
North Entrance and Sunrise Parkway; including a north bound stop control-
D. Provide an eastbound left-tum lane and eastbound right-turn lane at the
East Entrance and Sunrise Parkway; including an east bound stop control.
I--. Payment in an amount equal to 44.7% of the cost to design and install a
traffic signal at the intersection of San Rafael Drive and Sunrise Way shall be
made to the City. Payment shall be reimbursed to others responsible for the
design and installation of the traffic signal, in accordance with the terms of a
Reimbursement Agreement between the City and the responsible parties.
Payment shall be made within 30 days notice to the developer. '
F. Payment in an amount equal to 15.5% of the estimated cost to construct
an additional southbound left-turn lane at the Sunrise Way and Vista Chino
intersection shall be made to the City, An engineers estimate for the
construction of the required improvement shall be submitted to the City Engineer
for review and approval prior to approval of a Final Map. Payment shall be made
prior to issuance of a certificate of occupancy.
G. Payment in an amount equal to 11.0% of the cost to construct an
additional northbound right-turn lane and southbound left-turn lane at the Farrell
Drive and Vista Chino intersection shall be made to the City. An engineer's
estimate for the construction of the required improvement shall be submitted to
the City Engineer for review and approval prior to approval of a Final Map_
Payment shtill be made prior to issuance of a certificate of occupancy.
144. A minimum of 48 inches of sidewalk clearance shall be provided atound all street
furniture, fire hydrants and other aboveground facilities for ADA accessibility.
145. All damaged, destroyed, or modified pavement legends and striping associated
with the proposed development shall be replaced as required by the City
Engineer prior to issuance of a certificate of occupancy.
146. 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.
This property is subject to the Transportation Uniform Mitigation Fee, which shall
be paid prior to issuance of building permits.
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