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Home My WebLink About2/6/2008 - STAFF REPORTS - 4.B. �y c V n e r C °Fro2net°Pe'P. 'F°"`'' _ City Council Staff Report February 6, 2008 OLD BUSINESS Subject: APPROVAL OF FINAL MAP 31104 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH SPANISH INN, INC., A CALIFORNIA CORPORATION, FOR A 1 LOT TRACT MAP FOR CONDOMINIUM PURPOSES LOCATED AT 640 N. INDIAN CANYON DR., IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY Velasco Land Surveying, representing Spanish Inn, Inc., a California corporation, has prepared a final map for subdivision of property into a one lot Tract Map for condominium purposes, located at 640 N. Indian Canyon Dr., in Section 11, Township 4 South, Range 4 East. Approval of the final map will allow the map to be recorded, and to allow conversion of a portion of the existing hotel building to 12 condominium units, and construction of 8 new condominium units proposed within the subdivision. RECOMMENDATION: 1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 31104 FOR PROPERTY LOCATED AT 640 N. INDIAN CANYON DR., IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH SPANISH INN, INC., A CALIFORNIA CORPORATION;" and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: Velasco Land Surveying, representing Spanish Inn, Inc., a California corporation, submitted Final Map 31104, requesting that the property located at 640 N. Indian Canyon Dr., in Section 11, Township 4 South, Range 4 East, be subdivided into one lot for condominium purposes on a 1.46 gross acre site. At its meeting of July 13, 2005, the Planning Commission recommended approval of Tentative Tract Map 31104, which ITEM NO. City Council Staff Report February 6, 2008 - Page 2 Final Map 31104 was subsequently approved by the City Council, subject to conditions, on September 7, 2005. On December 19, 2007, the City Council approved a one-year extension to Tentative Tract Map 31104, subject to a revised development schedule. The revised development scheduled added a milestone for approval of street improvement plans for the Movie Colony Traffic Calming Program by November 7, 2007; and recordation of a final map and completion of the Movie Colony Traffic Calming Program street improvements by February 7, 2008. The applicant accomplished the first milestone, having completed the plan check process of street improvement plans for the Movie Colony Traffic Calming Program on October 30, 2007. Immediately thereafter, the applicant commenced construction of the required street improvements and has diligently pursued completion of the Movie Colony Traffic Calming Program. As of the writing of this staff report, it is expected that these street improvements will be completed by the required deadline of February 7, 2008. Staff will provide the City Council with an update to the status of the required street improvements during consideration of this item. It has been determined that required conditions have been satisfied, that Final Map 31104 is in substantial conformance with the approved Tentative Tract Map, and that Final Map 31104 is ready for City Council approval. Following approval by the City Council, the final map may be transmitted to the Riverside County Recorder to satisfy milestone #2 to have the final map recorded by February 7, 2008. FISCAL IMPACT: None. David J. Barakian Thomas J. Wilsdn Director of Public Works/City Engineer Assistant City #Manager David H. Ready, Clty ager ATTACHMENTS: 1. Map 2. Subdivision Agreement 3. Resolution 000002 IN THE CITY OP PALM SPRINGS COUNTY OF RIVERSIDE STATE OF CALIFORNIA RE'COROE'RS STATEMENT SHEET I OF 2 SHEETS OWNER'S STATEMENT TRACT MAP No. 31104 WE HEREBYSTATE THAT WEARS THE OWNERS OP THCU g INCLUDED WITHIN MEEUB°MSION FOR CONDOMINIUM PURPOSES FLIED THIS ➢AYOF G_ ISHOWNH£RESN THATWPARP,Try('gJI,YVCRSLR5WHO5E L'LNSCMIBNECE%1RY R]PoLSACLEAfl TfIIE ASUBDIVISION OF ALL THAT nFjx PROPggTY IN YNC UIYOF PALM SPRINGS COUN7fCFRNERSICE AT MIN➢GCk OCMAOS AYPAGES ry Sel°Nx°.MAT WTCPVSEAT TO ME MAKING AND RECORDING OF THIS CLtloNISIOry AC-MOwN STATE OF GALIFORNIA DESCRIGEDA9 LOTS 12 B O AND THEWEBMRLY25 OF LOT 6INSLOCK ATTMCRCOYESTOF MECINCILRKGMECRYCFPNM6PRINGE WITHIN ME DISTINCTIVE BORDER LINE 'C'OF PALM SPRINGS ESTATES AS SHOWN BY MAP ON FILE IN COCK 1h PM.L q OC MI°CAC W. nECOROSOPCWEC:102LCUNTY wITPORxu AMC THIPIM PORTION'S OCNAALTAMIRA VIACHIG WE HEREBY DEDICATE TO P{I➢LIC VSY F°RSMEElANp PUBLIC NTILINPI1R.49FE9.LOT"A"ASSHOWNWITHIN AMP GRAND VIA VALMOME VACATED BYME CITVOF PALM SPRINGS N. A WE VELA5GO LAND SURVEYING AUGUST, 2008 ALSO D SOEDIGTEAN FABEMQJJFCRPDBNC IITILItt PDAP0.LD5OVCGYAI°SpP°gT10.450FVM ALTAMIRA VIA FEE CNICy ANDCIWJOVIAVAtx°MTC VAWTCp OYMECRYCFPAL INGB. LARRYW WARD,COIINNA55ESSIX1-LLElIN-0t'OOnpCR SPAMISHINN Ma SIGNATUREOMISSIONS °Y DEPUTY SU➢DIVISION GUARANTEE Sr.FIR5TAMERIGN T/RE COMPANY BY PURSUANT TO SECTION SINGS OF ME SUBDIVISION AWPAC!MESICNATh(ICl d'MCL'y.tpwmO HORMOSNMY MWADACIACMOGR NNATKWiAN MANA°INGMEMSER CWNERSCFEASENENMAN0/OROMENINTPNPS76HAVL'uIPx OMIPCO WAIWEINMEST CANNOTRIPENlxr0lceC SURVEYOR'S STATEMENT CIIIPoRNN MUST COMPANY SECURRYFIRSTNA7IONeL6MKOPL0.:.wCnY^SOPMICHIRSCK THIS MAP WAS ARCPARC9 CYMCOR UNDER MYORECT5UPERVISIONAND L BASED UPoNA FIELD SURVEY BENEFICIARY AND F.CULVER NICHOI ETrV. IN PONRCA"MI MTNiK[R[WIREMENTS OFMESUBDINBION MAPACTAND LOCAL CRNAUNCEAT THE NARAMNNISBENEFICNRY PER DEED OF TRUST RECOfl➢EOAWIIST,ATPI A5'NVRVMENT NUM➢ER RFNESi OFSPAN18HINNINC WAUGU9T:WB ALL OIL Li9u'CROMERHYOROGfl8CN8UBBTANCEB WITHOUTRIGHTCFSURFACEENTRYANO 1 HEREBY STATE MUTALL MONUMMTS MC d'MC°NAPACT,RAMG WGUPTME RSI :DO7055M91 CFflClAL/IEEOIIOS OIYRIVGRuI°GGWNIY GLIFORNIA PERPETUAL EASEMENTS FOR PUBLIC UTILINrWD IRRIGATION P{IMDORA A�KLSCRVCP M OLEOS INwOA1/j00RWILADE IN AG60RDANCEWITNMEi£flMSCF MEMWUMEMAGREEMEMFOR MEMAP RELOROBpgpnIFA41W mOOwtilcpAOE Pp°FDEEpS JVLYIA 1B27 INSCOKT:I MOSSES AMP THATIMID MMUMEMS ARE SUFFICIENT TOENABLEMESURMEYMBEREIHICEO MESU➢VEYL 01'OC➢°$AUDUSTIP IBr6M➢OOKYN' PAGES990FOEEOB NOVENBERIS 1097,INBWKX: MUEANDCCMPLETEASBHOWN IHFAEHYSTATPTHAPTHISYIwVwPSUZri TNL{YCMFCRMEM av PAGEIOSCFDEEM MI ID38 WBOOKAKPAGE:i9OFOEEOSMAY Ie IOre,NJBOdfIry MEAPPROVEOORCCNGPONALLYAPPFlCvEOTFNTATwCMaP IPIINY ANCREWS PARK VICE PRESIDENT PAGE INOFOEEDSALL OFOFFICML FlECOflOSRIVERLOECOurvtt TAX COLLECTOR'S CERTIFICATE ROARLO VELASCO EYP Iaelra j DATED LC___ NOTARY ACKNOWLEDGMENT I HEREBY CERTIFY THATACCOR°IhW TO THE RECORDS OF THIS OFFICE A-P,M'5mIC'McgC. T w STA*E OFGILIFORNIA ) ARE NO LEINSAGAINBT ME PROPERTY SHOWN ON MC AHI.NAx POP U,PA.STATE CCUMR' Owi NMNdIYAI,CRFOGCOUNTYOFNvBM$mL') OR SPECIAIL ASSESSMENTS COLLECTED AS TMES NOWA LIEN BUrNOr YET PAYABLE WNICHAREE"WA .....M BEFORE MG2SA NOTARY PUBLIC IN AND ACA CAPSrATC PERSCNALLYAPPEARED.Pp=Am"YM1 W MME(ORPROVEOMMEMTHEMOSOF°TALFACIORYPLIpENCRJ I ME PAULMODONJELL PCRS°NIS)WHWENAME(S)19/MESUBSCRIBEDTOM(WRMINiNjMVMCWANDACM MEOGEOMME cOuryiYYML°LWGT°R GATED MLW THATHE/SHE/MEYMECUTCO NO SAME M HIS/HER/THEIR C4PAGTYf IESI AND THAT SYHISMER/ IHEIRCICNATURCI;J PVYMLIKFTgUMCMMEPEfl9M(b)OR MEEMIttUPMBEH4LFOPWHILH MP By tRCOM(;y ACTUP EXECUTED ME INSTRUMENT DEPUTY CITY ENGINEER'S$TATEMF.'NT MYCCMMISSIONEIPIR£S MYPRINCIPALPIACEOFBURNES91SIM IHCDCDYSTTZWVV,KAv M...0 ME w(MINMAP OF MACTMAPNu 9116(C'fdJ515TINDOFTWO(:) WIMECS MY HAND AND W'I'KN11'GL COu'r, TAX BOND CERTIFICATE CHOP, THAT MCSUC°MSION SHOWN HEREON IS SUESTANMLLYME SAMEA➢?APPEARED ON ME TENTATIVEMAP ORANYAPPROVEDALTERATIONSTHEREOF MATALLPnOVG10x5OFMCSTATESSUC- IHEnEBYCEnTIFYMAYAtlOMCmMC1VM°c5 MASBEENSKECIITEO DIVISION MAPACTAND ANY LOCAL ORDINANCESAMuFA&.DAY TIC TIMC°cAPPROvrV°FMETEW- ANO FILED WTHTHPIiOA000N$vPCnm$Ors�Op MC couum OCRmxRS'CE ITITEOFGLIWRNIA ATIMEMAP HAVE BEEN COMPLIED WITH AND THAT IAM G65MLb MWrSuCAAP I;TCCKNK LLY MOTARYPUOUCINANDFORSAIDSTATE COxORIOxL'O UIbx YHSVARaFxipPA{{TAxCS STATC COLMTY MUNICIPAL OR LOLL ANI CORRECT u'VGGIAL aSSEu'SMENTu'WLLEClED r15 TNfE5 WHICHAT ME9MEOFMERUNOOFMISMAP HIM ME COUNTY RECORDER AREA LEAN AGAINST SAID PROPERTY BUPNOTYETPA&➢LCAND S CL'IOWL PWNTEENAME RAID BOND HAS BEEN OULYAFPROVED BYLA10 BOARD OF cu LRv¢°n5 NOTARY ACKNOWLEOGMENT Dum - - 00 GTm ,s99e O OAVID J BIMKIAN w LurEO n99 BTAlEOFGLIFOHNW CACHTA SONG CITYExM Ex,a"IN ANNOY RIXAERO MqM,O °Oyxry°FRIVCRNDE CROFTNPBGRdlSuvinmmRS COUMrTa(COLLECTOR Wk I Sy C O V flr� ON BEFORE Np BY ANOlARYPIIBtICININOI'On5.A10 tiYgTC PITR'uLWALLYAPPEIREO °EPu+Y DEPUTY CITY CLERK'S STATEMENT PEflSO,WLLYK(JOwNTO ME(INi PROVED IO MEONMEB1818OF8TAI9FACTORY EVIDENCE),TO4I1 TIg1 IPRATES MIXAPSMCITYCLERKM'DOYSTATETH :�di°TMCNTY000NCILCFMECRTWG HELD THATH(SI wKOSEY EXECCUTED THE SAME IN HIS TOMEHEIR CANSIDUMCNTANCAGMOWRISIHR1 ABANT ONMENTOF PUSLICSTREET AND PUPACT EASEVI AMC ON TICS STAI DAYCV°/IxM tlCRCDYr'TATEiHAl LYAPPOVED COUNCIL E WIMW REGULAR`MCFmIHFID THdTHE/SHE/THEY NTHEIEORUMENTP IN PORSICn/iwGIRGPACITY(IES) ANDi1MlBYH1ICHTHE ppflbGNT TO ONOFTIM80B0.9<AND u�+99TIROFTHE SUBDIVISION MAPALP MEAPIrROV{quo ON 016y yWYOF :q_,DULYAPPROV£DTHEWIMW MAPOF IRALTMM xP.vMw MEIRBIGNACTECMECURC.MEIN(WMYPCRSM(5).OR WHICH THE RECCRMTIMOF iH16TRACT MPPCOrvSIiiuY25 AuuuCduM,ryTOrTn AND ILITYPURPOS ONHENALFOF THE PIIBLIC ME DEDICATIONOFLOT A'OFAphCC/pn3mCCTATp PU041C PEfl50NLl ALT➢O,L'xCCyfy'C MP INSTRUMENT IC F944°WINLi UryL?Y WRFO9E8,A My y19SIONIXPIflE9 MYPRINCIPALPmcECFHU91NE9818/N IAOWIONr'OCYIAALTAMIRA.VIAGHICA AND GRAND VIA VAWMlEA89HOWN ON MMOFPAW SPRINGS ESTATES ON FILEINBOOK IS PAGEa9 OFMAJS,RECdNS OF Inv,n mpy°uKTY WCALSOAPPR°VE MEAMNOMMF ASSHOMINTHEABW MEMSTAMMENT CALMORNIA WE HEREBYACGEPT MEEA9ENEM9PoRPf/BOAS UIWNPURPoSc'S SHOWN nPhCW, W�SMYHANO AND OFFlcw1;I'.A{ COUSIN THE TENTATIVEMAPRIRGIO TMCTMM wA$Al vnottOuvnlGCIrvLWNPL Ai ITBflE-0UfAfl Q SOILS:REPORT NESTING HELD ON ME Y DAY OF$PPTELCEn mP5 N RYPUBLICIMANDFORPAIOSTATE PUII.M.7 TO S[ciwx DCAO 111I1S111I1I51ON MAP ACT A PRELIMINARYSWLB REPORT °ADATEDOM AP}M=1 wnS PROPAPCOOrSMO°EN ENGINEERING ON NOVEMBERS 200,AND LP ON FILE "ES M0MP9M WIM LM MECIT70 SPRINGSENGINEERINGDEPARTMEM CITYCLEflK.WO Fa'OFFICIOA$$L'�•`OK OP HfPLITVCOurvc2 OYTHT CIm°ccry MSPRAII CALIFORNIA IN THE CITY OF PALM SPRINT COUNTY OF RIVERSIOG STATE OF CALIFORNIA SHEET 2 OF 2 SHEETS BASIS OF BEARINGS TRACT MAP No. 31104 N FOUND NAIL NO HCI 1w11=1 ACCEPTED 1 A300 CENTERLINE OF VIMLTAMPSA FOR CONDOMINIUM PURPOSES i `L ISET_31r IRON PIPER-WHTAG L^vw. THE BASIS OF6FAFlINCSTOp nII$$pgVC(l9WECEN]EflfINE OF ABUBOIVIBION EFALL TIP]nGLryPDIN;pv(INTYIC CITY OF PALM SPRINGS COUNTY OF RIVEncia �Tc, .... S2 INDIAN AVENUE A'SApWM CM PALM SPRINGS ESTATES M B1Ev: STATE OF GyPOAMIA pCSOgIDED A3 LOTS1235,AND THE WESTERLY a]OF of F M pLWN 2� p p0�fp Dy�Ahp'I 1_Etlp•STvvE I]0,0Y EBp'6r1{"E 19v v1 _ •c^pF C W SPHIN33 ESTATES AS SHOWN BV MAP ON`II IN voolnP PACE A OF MAPS OFFICIAL 3 'p wPpp '3 w!A r •—�` VIA ALTAMIRA -��_~ iAKexa;:NOC'0300"W gCCORDBoFRIVERBIDE COUNTY CAUFODNIA,AN TMp6tl PCRTION3 OF VIA ALTAMIFA VIA CHICA Lb Tp �y AND OR AND VIw V.LLMOxTL'vAGPTCp OY THE CITY OF PAW SPRINGS �/p py9 n� J �2600 VELASCO LAND SURVEYING AUGUST, 2006 LEGEND oelo' a/DE'T • ITAX TEEFOUNDUCWUMCAT ASNWEp ^DUNS MAILAS CENTERLIME " ^ .GS➢ ba u SEr" n10NVIPCRLISHTASSEOLB]Lw W IAA. pnA IS Wd'IION gyp, , an p-In•1f _ _ _ FOUND 3/A'IPON PIPE vlfi ALiAMIgA 16ET'Ye•IRON \["p• GR ynpO Y em FOUND NAIL NO REFERENCE - MAP NOTAPART ASPERM BISi4G I, Plf•GIILl1GP YAWED L3 TA2e \. :31n gy p z / V^LCp1Ep A3EG CENTERLINE (PAD) RAWALSEAg1AY1 TnO ILLCCIVLp ppwN ;P P q pY0 FOUND Le"NON MDC �p P91CA.I5UWTIPCM IF ( I RECORDGTAASPPI1vawpRINGSCSTA]ES.M.&lSi3 c"INCRYOF PALM V p}?. p.5 �/ OPEN NO nEFEPENEE I i� PID4VWSP TAGGED L3]4'C � TRACTSOUNDARY SPRINGS MONUMENT ICPe^xeymn Gplpl p. '(' ACCEPTEOAELOYCOUNLRI'll SET TAD LC 1ea1 OB'SYb"E Gp1p - ( L1fY3_'.106 L ACT TAG F'i iAryn -.. GENTERTYNMES APES PALM SPRINGS ESTATES M awrg Gpe J y.11p f3 L' l Y Ir10M CENTEflL/NEOFSTHEETC PEIIPAW$GHWpT ESTATESMB.iGl9 - e u' y ;R�tle q.1]f.ip •3 _ SS O.Au.I18 q LOT G VI C /iA INDICAT1;9 yUpLIG UTILITY EASEMENT DEDICATED HFfiCON bj D.ppV9Y0' C+ VTR-ES --A2-�Rn Lg� PALM SPRINGS ESTATES I /l Iq-16 pV) 058A. 1p' 1VR% INSTRUMENT NUS .,023239 a 26 ED �_ LIB Ia PIF FI DATED t/22/1BBS SURVEYOR'S NOTES --� Teals aFl kIV co ALL MONUMEN}CSNOwxnu'"u'CT"SHALLSESET/NACCOgGNCP tMrp N A.P iNCMpxUM6NTATIONAGREEMENTPoflTHISNAP bhL,IPTHGRINSENOTEO ,d LOT IDLKC I lg3 n"I"AI P.- "I BC CENTEnLINEV ACIIII PALM SPRINGS ESTATES ' L RPULIu11CG ST COMPMAADJUSTMENTSE'IWEENTOUNO TOTAL GROW AREt OF TR4CTJ9a]c,a$q AT(I:A qCJ hvvvv�� MB 15/63 ell x §g IONUMENT TO THE NORTHEAST AND THE P•OUNDMAWMLM TOTAL NETAn(A OF TggGTSBIT]SSOFT(I 30 AC) I Ch A MIQ TO THE SOUTH vp OFFrGOFRIGMOFWAYDEOIGiION ILOP"A')cILv$O RY(O UAC) e, I jgpL 61 I� TO MY �lN4fb]O,E lvl2n EASEMENTS _ '11�'Z'� ' uew - , 3L So LD?V _ �] _ Q PUBLIC UNLTIYEASEMCNTOVCq TNT'RIONT CF WAY IV _ [W ER Y� " ~ J L5 VAGTION FOR POSLIO UYILIfYALLEWANO M1MINTENNJCJF b^ L IN00'G 'yylA f f f 4. I p n npD^Ap':p'L A� T A r-J p p,]A 1000 WIDE PUBLIC UTILO'YEAWMENThpH MGRCWAND M- REGA r p _ � - —� 1 4 L AND MR THE ERECTIIXILIXJSrFlLyYlpvryIO WINTENANCEAND J - - ~- OPERATION CNxyvypILMLITOOPERSOCH2Oh PAGEG2 RECMOEb Y h1 WITCH II fKa DFFlGAL RECORDS FIVERMOE CC{INTY � -' I LOT 2 SILK C 2 I _ LOT 5BLK C I�i ,3 ^p o q PALM SPRINGS ESTATES �u PALM SPFINCS ESTATES I Laj n100o wmEPupucunL.rv$gS6MENTFpflwGflEWnNDWREW yj yo 1p " M-6 17/43 - - -^ M B. 15/43 1 A I U INS PCFjIIY.CRELTIONCglSIRUCiION ANDAWINTE.WNOC AND zZ3 O` g vJ NLY LINECF�N OuL�T�w'0�� I LOT CPCRATTLW CFPWUCUnLITIESPERDWN.Pq P.ADE3B1 RECDflDEO nu3usnglpsd DFFlcwL ndcalpd RrvsgdlDs cpuNry O2?I So _ _ _ _ T R 11.5O ACRES GROSS /A`Alpov wTec PIIOML unurvenaEMENTFDR wGRES^.ANC r,OFGW Zm 3C CIO 1.36 ACRES NET AND MR THEFAECTIMCONSTRUCnON.ANP4MWTENANCEAND CO� -Oo pf ' J �z s WERATttNJ OFPUSLILUrIIIrICSVEgGWNTSI PAGEMSi RECORDED U y�0 F' p ; a 1p 1p _ JULYfo 12➢,VpILNFRCCWV0.5 gIVEfldIOECgIN/Y 1 L Z 2 - _ _ _ J 2E5P 1 1D � , .27,11E 125A I SCALE r.so /y Alvvp WlCOPbOLICITLT'FABEMENTR]fl INORE55.WOGLACu^d. AA A GO p0 120 Axp Fpfl RIEWCCTIL1YCO46TnULTIONJNC MAINNnryCEAND ? 1., N0G'10'e3'E 1e129_ D'� OPERATION OF PUBI/CU'TIIITIC.%vGRIIpCN]/G MOEGO flECOR0E0 n IS _ AFRIL2Bl1"I CFFILNLpSoOFpSRrRSIOELbUNTY 4 - f IN u5"OTpO"E tnt 211 ®A Iuvo mby vypLF UnLIttEAdEMENT FOgIAN3gE65.ANCECTC{ .WC MTIGN CF CCLig Cl IESPER.E ANDAd4WTg iW pC I Ov[RAION OFFICIAL IFT6?IESPEPBEpUCRPAGG 124 flECCR0E0 $ _ upR�„w1Yw qAO MAV Iq 10Y10FFIC1AL nECCICHIWRSIpEGWNM1' 12 LOT 3f3LK C ^q Nev9a T.W IIUpI mpp PALM SPRINGS ESTATES m LOT aL c F I RmC;,,WT M B 15/43 PALM SPRINGS EETATER RCCIPTCDASOUNTEFUNE EC VNALTAMIM yf, MB 15e3 FIA CHICA ISET3le'IRCNPIT4 W UNE eAVIxO DISTANCE ta 9 L INSTRUMENT IBB96d ' FWBHTAGGE➢IEfL"< x Ogep 11W Q F DATED 5/T/1990 r a la so 3 P aR NIVLO Epp = N AASV I 1h SPI GO an �•TO 00 LL 6` 4M 'f"p Iv it �WCN I600'GS'p0'E 1TE]CI (dp3'GO'p0'E SOUK E uA AT.D"L'TTD T3 9 lL'' �° p v 9.1Gp0 8tl9 fh0vEevv � d of Iq--4iSOvpT [pB"'eA pO"E 11p% I r a I LP 1257 .1. Lu p P- CbIrvL pnTA nuGIE RADWS ARC LCmpn. = 3Ay0'R 2W ae FOUND Yf IRONPIPE ' �� 'TP' ..... 32 W' 2 Ln'�b�Ary n 00"tA1G' A9 PEnm uvl.v (PAR•5A'v0'61 Tod) 8B0'G9'OO'E 1]6]9 �' C3Ci1 TA,"AI,'.lpepwu AC 91'___�___ f- 1A-n N 0"INCRYOF PALM ^ EuvSYo CDT-LEI-EO'EB'p0"E.-OYI MONUMENT AT BEGINNING OF CURVE CBNTCgLMn GRAND VIA VAUAONTE SPRINGS MONUMENTWELL GRANOVIA SALMGNTE ESTABLISHES By CCmvq^•.S 69JYTAEM DETWEEN FOUND MONUMENT TO VILWITV MAIu y1 nl BET TAG L")ea THE WMT AND TIP,FOUND MONUMENTTOTHE NORTHEAST m SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and SPANISH INN, INC A CALIFORNIA CORPORATION Q90t0©5 TABLE OF CONTENTS 1. Construction Obligations. .. . ........ ................ ........................................ .1 1.1 Works of Improvement......................................... • . . . -• ................. 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval ............................................................... ..........2 1.3 Intent of Plans ..... ............................2 1.4 Survey Monuments .................................................... ................2 1.5 Performance of Work ... .................................... 2 1.6 Changes in the Work ........................................ . • ............................2 1.7 Defective Work............................................................................. ......3 1.8 No Warranty by City------------------------------------------- -----------------------------------3 1.9 Authority of the City Engineer.....................................................................3 1.10 Documents Available at the Site ................................................................3 1.11 Inspection--------------------------------- --•-------...-----••-------------..............................3 1.12 Compliance with Law.......................................................• . ............3 1.13 Suspension of Work......................... ...................................... . ..4 2. Time for Performance........................................................................ . . ............4 2.1 Completion Dates-----------•.... ......................-------------------------.......................4 2.2 Reversion to Acreage..................................................................•----------•---4 3. Blank 4. Security..............................................-------------------.....................................---------4 4.1 Required Security............................................................................. . .....4 4.2 Form of Security Instruments .....................................................................5 4.3 Subdividers Liability....................................................................... . .........6 4.4 Letters of Credit.................... .• . . .........................................-----6 4.5 Release of Security Instruments ......................................... ......................6 5. Cost of Construction and Provision of Inspection Service.,..... .............................. ....---------------------- ...........................................—6 5.1 Subdivider Responsible for All Related Costs of Construction............................................................................... . •. ......7 5.2 Payment to City for Cost of Related Inspection and Engineering Services -------------------------------------................................7 6. Acceptance of Offers of Dedication.......................................................................7 7. Warranty of Work..........................•.....................................-------...........................7 t 000006 8. Default ---•- --•................. .................................................... . .................. ... 7 8.1 Remedies Not Exclusive .............................. .................... . ........... 7 8.2 City Right to Perform Work............................... .................................. 8 8.3 Attorney's Fees and Costs .................................... ................. . ..... 8 9. Indemnity........................................................ ................ ............. 8 10 General Provisions . ........................... ................. .8 10.1 Successors and Assigns.......................................... .. .................. .. .8 10.2 No Third Party Beneficiaries............................................. . ......................9 10.3 Entire Agreement; Waivers and Amendments ...........................................9 11. Corporate Authority............................................... . .....................................9 2 600097 SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this day of 2008, by and between the CITY OF PALM SPRINGS, a California charter city ("CITY"), and SPANISH INN, INC, a California Corporation (Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 31104 located in the City of Palm Springs, County of Riverside, State of California (the "Property"), as described on Exhibit "A The map contains conditions of approval for the development of the Property (the "Conditions') as described on Exhibit "B"_ B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City of Palm Springs Lot "A" for street and public utility purposes, as shown within this map; and public utility easements over those portions of Via Altamira, Via Chica, and Granvia Valmonte, being vacated, as shown on this map. Subdivider is required to install and construct all off-site public improvements prior to recordation of the Final Map for the property. 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. The Subdivider has installed and constructed all off-site public improvements and has requested that the City accept these public improvements. 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 as follows: 1. Construction Obligations- 1-1 Works of Improvement. Subdivider has, at its sole cost and expense, constructed or installed or caused to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively 1 60000� 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"). 12 Other Obligations Referenced in Conditions of Tentative Ma A roval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "B" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to Prescribe a complete work of improvement which Subdivider has performed or caused 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 recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments_ 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. 2 000932 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 A 0 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which on-site 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. 3 1A3 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. 2. Time for Performance. 2.1 Completion Dates. All off-site improvements have been completed and accepted by the City. The Subvider shall comply with the schedule shown in Table 3 of the December 19, 2007 City Council staff report and accompanying Resolution No. 22122. 2.2 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, 3. Blank. 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 guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $15,840.00 equal to 100% of the cost thereof. (ii) Required Security Instrument for Maintenance and Warrant . 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 $164,715.00 equal to 15% of the estimated construction cost. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. 4 DODO�� 4.2 Form of Security, Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City_ Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (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. 5 0069 i.2 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 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 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. (b) City shall release the Monumentation Security upon satisfactory evidence of completion of said work and payment for said work to engineer or surveyor. 5. Cost of Construction and Provision of Inspection Service- 6 QO{1M 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 52 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in 7 Q �,��1- addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attorne 's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation_ All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 8 aO�0IL 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. . « . xx (Signatures on Next Page) 9 00810 E IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By James Thompson, City Clerk David H. Ready, City Manager STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT RECOMMENDED BY: David Barakian, City Engineer SUBDIVIDER: SPANISH INN, INC, a California Corporation Check one: _Individual_Partnership J Corporation`_Company 'Note, for Corporations, two corporate officers must sign this Agreement, as indicated below; for all others, authorized agents must sign this Agreement. By: By: ibnature (notarized) Signature (n arized Name: Hormoz Ramy Name: Neiat Kohan Title: President Title: Secretary/Treasurer (For Corporations, this document must For Corporations, this document must be be signed in the above space by one of signed in the above space by one of the the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) 10 000017 Mailing Address: Spanish Inn, Inc. P. O. Box 2804 Palm Springs, CA 92263-2804 (760) 325-3700 (760) 325-3702 (fax) 11 ALL-PURPOSE ACKNOWLEDGMENT STATE OF ( f } }COU N� SSOF ! S} On before me, ,Notary Public, DATE J/�-441 & personally appeared f-FdL MO, L . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)y6/are subscribed to the within instrument and acknowledged to me that he/sVe/they executed the same in hi§/hK/their authorized capacity(ies), and that by �K/hpdtheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 4 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Seal) WITNESS my hand and official seal. ELLIE ASHER commission # 1751562 Notary PUNK -Colllornla _ Los Angola$ County Signature of Notary Comm. M15.2011 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. / / �J THIS CERTIFICATE Title or Type of Document,,�/Sur/.rj141V .NN,P�Ve&AW`f- �Tla��a -I MUST BE ATTACHED TO THE DOCUMENT Number of Pages /& DATE of DOCUMENT bf DESCRIBED AT RIGHT: Signer(s) Other Than Named Abovefli� 12 �€��OIL 9 EXHIBIT "A" TRACT MAP 31104 LEGAL DESCRIPTION Tract Map No. 31104, as recorded in Map Book , Pages through inclusive, records of Riverside County, California. 13 EXHIBIT "B" TENTATIVE TRACT MAP 31104 CONDITIONS OF APPROVAL 14 RFSOLl1TIl7N NO 1-M ill311 n Cnsn Nos 5.1012 CUP / I I M 31104 I une exlension 640 Norlh Indian Canyon Drive Dcremher 19, 2007 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Direcloi of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney PLANNING DEPARTMENT: Protect Specific 1. The Development Schedule shall be amended to read as follows: Milestone Description_. Timeline-cDate) _ 1. Approve street improvement plans related to the No later than Movie Colony Traffic Calming Program November 7, 2007 2. Record Final Map and install street improvement Na—~ later than tans February 7, 2008 3. All internal demolition 3 months after final ma 4. Apply for grading permits 6 months after final _ ma 5. Apply for building permits and submit 6 months after final construction plans map 6. Secure grading permits — 1 year after final ma 7. Secure building permits 1 year after final _ ma 8. Complete construction 2 years after final Jnlip. 9. Certificate of Occupancy 3 years after final ma Oa0Q-22 F nditions ofApprovai rh"., w1w, 1.' ;nur No s1012—Cup/ I IM111114 Iin l Poov . ti11Failure of the Applicant to comply with any urw of Ow rlulrainnes as i:ntjmoralcd Ir1 the Development Schedule mll resull in lhn irrnindiatn revoc;rtum of all entlllcments, inctudinll .rny linty cxlcnsiorts In offoct 3. All other conditions a=l ociaicd with the project shall remain in lull lorce mid effect. ENGINEERING DEPARTMENT: STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit, 2• Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the Cily Engineer prior to issuance of any building permits. 3. Tentative Tract Map 31104 proposes a partial abandonment of the south half of the existing right-of-way for Via Alta Mira and Granvia Valmonte adjacent to the project site, to facilitate construction of new bay parking spaces along the frontage. The Final Map should show abandonment of existing right-of way along both Via Alta Mira and Granvia Valmonte extending from the current right- of-way to the curb line along the project frontages- 4. Abandonment of right-of-way is required to facilitate the proposed development application. Required right-of-way abandonment shall be acknowledged on the Final Map in accordance with Subdivision Map Act Section 66434(g). Prior to approval of a Final Map, the applicant shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the public right-of- way to be abandoned- 5. The applicant shall be responsible for the design and construction of the street improvements required to implement the "Movie Colony Traffic Calming Program" adopted by the City Council on June 15. 2005. The street improvements have been conceptually outlined by the Engineering Division, and will be made available to the applicant upon request. The required street improvements to implement the "Movie Colony Traffic Calming Program" are generally listed within these conditions; however, additional requirements may be added at the discretion of the City Engineer as street improvement plans are Prepared by the applicant for review and approval by the City Engineer. The applicant is advised that not all required street improvements necessary to implement the "Movie Colony Traffic Calming Program" are specifically listed herein, and that off-site street improvements are required as a condition of this development. CC Condilions of Approval Ucctrnibi;r 1➢, run! Case No. 5 1012—Cllh I I FM 31104 111710, exlension pngo 3 of 12 0_ The Engineering Division has estimated tlw local cost of the "Movie Colony Traffic Calming Program' at approximately $362,000 with an estimated fair share of $111,000 assigned to the proposed development. The applicant may request to enter into a reimbursement agreernenl with the City that provides for reimbursement to the applicant frorn other property owners subject to the "Movie Colony Traffic Calming Program", as idcntifind by tho City. Reimbursement shall be determined as the proportionate share of the cost of constructing the street improvements, as approved by the City Engineer, and reimbursement shall be made to the applicant as reimbursements are received, if any, in accordance with the terms of the reimbursement agreement. The developer shall deposit $2,500 with the Engineering Division for costs associated with preparation of the reimbursement agreement by the City Attorney, and shall he liable for all costs in the preparation thereof, 7• Engineering Division recommends deferral of off-site improvement items related to Indian Canyon Drive at this time due to lack of full improvements in the immediate area. The owner shall execute a street improvement covenant agreeing to construct all required street improvements related to Indian Canyon Drive upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant, and the covenant shall be shall be executed prior to issuance of a certificate of occupancy. INDIAN CANYON DRIVE 8. 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 - comer cut-back at the northwest and southwest comers of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. CoV 9. Remove the existing 8 inch curb and gutter located 26 feet east of centerline and replace with an 8 inch curb and gutter located 38 feet east of centerline along the entire frontage, with a 25 feet radius curb return and spandrel at the southeast corner of the intersection of Indian Canyon Drive and Via Altamira and at the northeast corner of the intersection of Indian Canyon Drive and Granvia Valmonte, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. This condition may be deferred to covenant, subject to approval of the Director of Public Works. COv 10. Remove the existing curb return and spandrel at the southeast corner of the intersection of Indian Canyon Drive and Granvia Valmonte, as necessary to coordinate with the "Movie Colony Traffic Calming Program" street improvements. This condition may be deferred to covenant, subject to approval of the Director of Public Works. QQQQ��: CC Conditions of Approval Doconi4 er 12, 2001 Case No. 5.1012—CUP/TTM 31104 Tiniv exterisiou Page 4 of 12 r Construct an 8 feel wide cross gutter across the east leg of the Indian Canyon Drive and Via Altamira intersection, and across the cast leg of the Indian Canyon Drive and Granvia Valmonte intersection, as necessary to coordinate with the "Movie Colony Traffic Calming Program" street improverents, in accordance with City of Palm Springs Standard Drawing No. 200. This condition may he deferred to covenant, subject to approval of the Director of Public Works. 001 12. Remove the existing sidewalk and construct an 8 feet wide sidewalk behind the proposed curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. This condition may be deferred to covenant, subject to approval of the Director of Public Works- l,U`� 13. Construct a Type A curb ramp meeting current California State Accessibility standards at the southeast comer of the intersection of Indian Canyon Drive and Via Altamira and at the northeast corner of the intersection of Indian Canyon Drive and Granvia Valmonte in accordance with City of Palm Springs Standard Drawing No. 212. This condition may be deferred to covenant, subject to approval of the Director of Public Works. UV 14. Construct pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No- 110 and 340, If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. VIA CHICA NIA 15. Dedicate an easement for sidewalk purposes as needed for those portions of sidewalk located outside of the public right-of-way. 16. Remove the existing asphalt pavement, and construct full width street improvements consisting of 2'/z inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, along Via Chica, from Via Altamira to Via Colusa, in accordance with the "Movie Colony Traffic Calming Program". Street improvements shall consist of a 20 feet wide, one-way southbound street, and 45 feet diameter traffic circles located at the intersections with Via Altamira and Granvia Valmonte, and a 30 feet diameter traffic circle at Via Colusa. Standard curb and gutter, wedge curb, or other approved street edge treatment shall be constructed, as necessary to convey street surface drainage. 17. Proposed bay parking spaces along Via Chica adjacent to this project shall be aligned as necessary to facilitate the one-way southbound direction of Via Chica. 0000e� CC COnd4 orls of Apprnv,ji I )001 Case No. S 1()11 C'U111 I I M ;111114 I 1 of V Perpendicular bay parking, as shown on Tentative I racl Mih 31104. shall not be allowed. 18. The proposed driveway entrance into the open parking garage idenlifind as "Complex C shall have a minimum width of 24 feel, and sh�lll I)c cnnslructnd of G inches of concrete, unless otherwise approved by the Cdy Fngineer, from the garage structure to the edge of travel way on Via Chic@ The proposed driveway width of 20 feet is not approved VIA ALTAMIRA 19. Dedicate an easement for sidewalk purposes as needed for those portions of sidewalk located outside of the public right-of-way. 20. Remove the existing asphalt pavement, and construct full width street improvements consisting of 2% inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, along Via Attamira, from Indian Canyon Drive to east of Via Chica, in accordance with the "Movie Colony Traffic Calming Program". Street improvements shall consist of a 24 feet wide, two-way street, and a 45 feet diameter traffic circle located at the intersection with Via Chica. Standard curb and gutter, wedge curb, or other approved street edge treatment shall be constructed, as necessary to convey street surface drainage. 21. Proposed bay parking spaces along Via Altamira adjacent to this project shall be aligned as necessary to facilitate the two-way direction of Via Allamira. Bay parking shall be aligned perpendicular to the travel way. GRANVIA VALMONTE 22. Dedicate an easement for sidewalk purposes as needed for those portions of sidewalk located outside of the public right-of-way. 23. Remove the existing curb and gutter and asphalt pavement, and construct full width street improvements consisting of 2%2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, along Granvia Valmonte, from Indian Canyon Drive to Via Chica, and along Valmonte Del Norte and Valmonte Del Sur east of Via Chica, in accordance with the "Movie Colony Traffic Calming Program". Street improvements shall consist of a 24 feet wide, two-way street, and a 45 feet diameter traffic circle located at the intersection with Via Chica. Standard curb and gutter, wedge curb, or other approved street edge treatment shall be constructed, as necessary to convey street surface drainage. �o1 Q2S CC Conditions of Approval nerrmhor 12. 2007 CaSe N0.5.1012—CUP 1 1 TM 31104 1 n nr ext6naion r qi, G of 12 24. Proposed bay parking spaces along Granvt.i VaUnonle adjacent to this project shall be aligned as necessary to facilitate the two-way dfredlon or Granvin Valmonte. Bay parking shall be align(NJ perpendicular to the travel way SANITARY SEWER 25. All sanitary facilities shall be connected to the public sewer syslern. New lateral~ shall not be connected at manholes 26. All on-site sewer systems shall be privately rnmi-itained by a Home Owners Association (HOA). Provisions for maintenance, of the on-site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project 27. The on-site private sewer system shall collect sewage from the development and connect to the existing public sewer syslern with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No. 405 Sewer plans shall be submitted to the Engineering Division for review and approval. Private on-site sewer mains for residential projects shall conform to City sewer design standards, including construction of 8 Inch V.C.P. sewer main and standard sewer manholes. Sewer manhole covers shall be identified as "Private Sewer"_ A profile view of the on-site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on- site sewer mains, i.e. building sewers and laterals from the buildings to the on_ site private sewer mains, are subject to separate review and approval by the Building Division. GRADING 28, Submit a Precise 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 Engineering Division for review and approval. The applicant andlor 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 andfor its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please ffORO?, ? CC Conduium, ul Appiuv;J 12 2001 Case No. b 1012—CIJI'/ 1 i M 311e4 1 unr esh r,imi Earle / of I. contact AOMD at (909) 396 3752, or al www,AWMD.gov. A I ugihve Dust Control Plan, in conformanco with the (,o achelln Valley Fugilivo Dust Control I iandbook, shall be submitted to and nppmved by the Engineering Division prior to approval of the Grading plan. The Prccise Grading 1 Ian shall be .approved by the City Fnginorr prior to issuanci: of grading permit a. The first submittal of the Precise Grading fan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Tract Map or site plan, a copy of nirront Title Report; and a copy of Soils Report. 29, Coordinate with Whitewater Mutual Water Company to determine relocation requirements for the existing water lines and other facilities located within the property if any_ 'I he applicant shall be required to make appropriate arrangements to protect in place or relocate the existing Whitewater Mutual Water Company facilities that are affected by the development. A letter of approval from Whitewater Mutual Water Company for relocated or adjusted water lines and other facilities shown on the Precise Grading Plan shall be submitted to the Engineering Division prior to approval of the Precise Grading Plan. 30. Prior to approval of a Grading Plan, the applicant shall obtain written approval to Proceed with construction from the Agun Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation officer. Richard Begay (760-699-6907). or the Tribal Archaeologist, Patty Tuck (760-699-6907), to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. 31. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 32. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development_ A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan. 33. 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 000028 CC Conditions of Approval neccmhcr 19 2007 Case No, 5.1012--CUP I 1 TM 31101 1 imc cxtonsron I'aJr R n1 1l To Move Soil Prom or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (IRIFA Form CA-1) pnor to approval of tho Grading Plan 0i required). The California Department of I cod and Agriculture office is located a1 73-710 Fred Waring Drive, Palm Desert (Phone: 700-776-8208), DRAINAGE 34. All stormwaler runoff across the property shall be accepted and conveyed 1n a manner acceptable to the City Engineer and released to an approved drainage system. stormwaler runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices (B MP's). 35. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQGB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating slormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("11VIS4"), to the satisfaction of the City Engineer and the RWQCB_ If required, such measures shall be designed and installed on-site; and provisions for Perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development. 36. The project is subject to flood control and drainage implementation fees pursuant to Resolution 14082. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ON-SITE 37. For on-site bay parking in residential and commercial zones, paving material shall be decorative paving, colored and/or pattemed to relate to the overall design in accordance with Zoning Code 93.06.00 (C)(15)(e). 38. An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete, unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer. UOt��Z° CC Conditions of Approval Ooi,wnbw 12. 2001 Case No. 5 1012—CUP/TTM 31104 Time exiem.ion Paw"9 of 1 39_ No structures shall br: cnnstnic.ted within oxislirlg or preposnd public utility easements. GENERAL 40. Any utility trenches or other excavations within existing asphalt concrete Pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding. paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Fngineer, Including additional Pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (I.e Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 41. On phases or elements of construction following initial site grading (e.g., sewer, storm drain, or other utility work requiring trenching) associated with this project, the applicant shall be responsible for coordinating the scheduled construction With the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. Unless the project site has previously been waived from any requirements for Tribal monitoring, it is the applicant's responsibility to notify the Tribal Historic Preservation Officer, Richard Begay (760-669-6907), or the Tribal Archaeologist, Patty Tuck (760-669-6907) for any subsequent phases or elements of construction that might require Tribal monitoring. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during construction, and to arrange payment of any required fees associated with Tribal monitoring. Tribal monitoring requirements may extend to off-site construction performed by utility companies on behalf of the applicant (e.g. utility line extensions in off-site streets), which shall be the responsibility of the applicant to coordinate and arrange payment of any required fees for the utility companies. 42. All proposed utility lines shall be installed underground. 43. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 44. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG 000030 CC Conditions of Approval i)"cwnb0f 12, 100f Case No 5 1012 -CUP I TTM 311011 TmrP ext m onn R<IO 10 of 12 (AutoCAD 2004 drawing file), DXt (AUIo(:AI) ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formals Variation of the typo and format of the digital data to be submitted to the Cdy may hr, awhorircd upon prior approval of the City Engineer. 45, 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 final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 46. Nothing shall be constructed or planted In the comer cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs 7oning Code Section 93.02.00. D. 47. 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 in accordance with City of Palm Springs Standard Drawing No. 904. MAP 4B, A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 49. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Final Map. - 50. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments(ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDRQM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation DDDD�� CC Conditions of Approval Uecem4mr 1P, 2001 CaSe No 51012—CUP/TTM 31104 Timm Paige 11 of 12 drawing file), DXF (Aulo(;AD ASCII drawing exchange tile) ), and PDf (Adobe Acrobat 6.0 or greater) formals Variations of lhn type and formal of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 51. In accordance with Section 66434 (g) of the Govemmenl Code, the portion of the existing public right-of-way over Via Alta Mira between the south right-of-way line and the south curb line; the portion of the existing public right-of-way over Granvia Valmonte between the north right-of-way line and the north curb line; and the portion of the existing public right-ol-way over Via Chica between the west right-of-way line and the west curb line may be abandoned upon the filing of a Final Map identifying the abandonment of the rights-of-way granted to the City Of Palm Springs. Prior to approval of a Final Map, the applicant shall coordinate With each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the public easements to be abandoned. Prior to approval of a Final Map. the developer shall provide to the City Fngineer a letter of approval regarding the Proposed abandonment of public right-of-way and public utility easements from each public utility agency. TRAFFIC 52. The applicant shall relocate the existing City street lights along the Indian Canyon Drive frontage behind the curb, as part of the widening of Indian Canyon Drive required by this development. The relocated street lights shall have the existing overhead power converted to underground service through installation of underground conduits and pull boxes between the street lights located along the Indian Canyon Drive frontage; subject to the review and approval of the City Engineer. Prior to removal and relocation of existing street lights, contact the City of palm Springs Facilities Division for requirements related to the removal and relocation of the affected street lights. 53. Submit traffic striping plans for Indian Canyon Drive, prepared by a California registered civil engineer, for review and approval by the City Engineer. All required traffic striping improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy. 54. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development Shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 55. 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 0t10�t�? CC Conditions of Approval December 12, 2007 Case No.5.1012—CUP/TTM 31104 Time oxlensvon page 12 of 17 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. 56, This properly is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. END OF CONDITIONS 0 0190"3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 31104FOR PROPERTY LOCATED AT 640 N. INDIAN CANYON DR., IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH SPANISH INN, INC., A CALIFORNIA CORPORATION WHEREAS, the Planning Commission, at its meeting of July 13, 2005, recommended approval of Tentative Tract Map 31104, prepared by Velasco Land Surveying, representing Spanish Inn, Inc., a California corporation, for the above described property; and WHEREAS, the City Council at its meeting of September 7, 2005, approved Tentative Tract Map 31104 subject to conditions; and WHEREAS, the City Council at its meeting of December 19, 2007, approved a one-year time extension for Tentative Tract Map 31104 subject to a revised development schedule requiring approval of street improvement plans related to the Movie Colony Traffic Calming Program by November 7, 2007, and completion of street improvements related to the Movie Colony Traffic Calming Program by February 7, 2008; and Whereas, Spanish Inn, Inc., a California corporation, has met the requirements of the revised development schedule related to the Movie Colony Traffic Calming Program street improvements; and WHEREAS, portions of Via Altamira, Via Chica, and Grand Via Valmonte as shown on the Map of Palm Springs Estates on file in Book 15, Page 43 of Maps, records of Riverside County, are to be abandoned pursuant to Section 66434 (g) of the Government Code; and WHEREAS, the owner offers for dedication to public use Lot "A" for street and public utility purposes, and dedication of easements for public utility purposes over those portions of Via Altamira, Via Chica, and Grand Via Valmonte abandoned pursuant to Section 66434 (g) of the Government Code. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: 1. That Final Map 31104 is in substantial conformance with approved Tentative Tract Map 31104; and 2. That requisite conditions associated with Tentative Tract Map 31104 have been satisfied; and 3. That Final Map 31104 is in conformance with the General Plan; and Qn9 ®34- Resolution No. Page 2 4. That Final Map 31104 conforms to all requirements of the Subdivision Map Act of the State of California; and 5. That the abandonment of portions of Via Altamira, Via Chica, and Grand Via Valmonte as shown on the Map of Palm Springs Estates on file in Book 15, Page 43 of Maps, records of Riverside County, is approved, pursuant to Section 66434 (g) of the Government Code; and 6. That the offer of dedication to the public of Lot "A" for street and public utility purposes on Final Map 31104 shall be rejected by the City Clerk of the City of Palm Springs; and 7. That the offer of dedication to the public of easements for public utility purposes on Final Map 31104 shall be accepted by the City Clerk of the City of Palm Springs; and 8. That the City Manager is hereby authorized to enter into a Subdivision Improvement Agreement with the subdivider and to accept subdivision improvement security in conformance with the requirements therein for construction of required public improvements; and 9. That the City Clerk shall cause to have recorded with the Riverside County Recorder the Subdivision Improvement Agreement; and 10. That Final Map 31104 is hereby approved for purposes therein defined. ADOPTED THIS 6th day of February, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 003035 Resolution No. Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on February 6, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California QQQQ�� RESOLUTION NO. 22122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE- YEAR TIME EXTENSION FROM SEPTEMBER 5, 2007 TO SEPTEMBER 5, 2008 FOR CASE NO. 5.1012 CUP / TTM 31104 TO ALLOW THE CONTINUATION OF AN UNUSED ENTITLEMENT TO CONVERT 12 HOTEL ROOMS INTO CONDOMINIUMS AND THE CONSTRUCTION OF EIGHT ADDITIONAL CONDIMINIUMS, LOCATED AT 640 NORTH INDIAN CANYON DRIVE, ZONE R-3, SECTION 11, WHEREAS, Nejat Kohan ("Applicant") has filed an application with the City pursuant to Chapter 9.63.110 of the Palm Springs Municipal Code for a two-year time extension for Case No_ 5.1012 CUP / TTM 31104 to allow the continuation of an unused entitlement to convert 12 hotel rooms into condominiums and the construction of eight additional condominiums located at 640 North Indian Canyon Drive, Zone R-3, Section 11; and WHEREAS, on November 14, 2007 the Planning Commission held a public meeting and voted to recommend that the City Council approve a one-year time extension of Case No. 5.1012 CUP/TTM 33104; and WHEREAS, on December 19, 2007, the City Council held a public meeting to consider the applicant's request for a one-year time extension of Case No. 5.1012 CUP / TTM 31104; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act (CEQA); and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: Add the following conditions of approval to the project 1. Amend Development Schedule to include new Milestones#1 and #2. See Table#2 for the updated development schedule. 2, Add the following conditions to the Conditions of Approval: a. Failure of the Applicant to comply with any one of the milestones as enumerated in the Development Schedule will ACT +� �,tJ15H 0100037 Resolution No. 22122 Page 2 result in the immediate revocation of all entitlements, including any time extensions in effect." b. All other conditions associated with the project shall remain in full force and effect." 3- Add and amend conditions per the request of the Engineering Department with regards to right-of-way vacation, Whitewater Mutual water lines, along with updates on wording and the inclusion of Tribal Monitoring as found in Exhibit A attached to this report. Section 2: Approve a one year time extension to September 5, 2008 for Case No. 5.1012 CUP i TTM 31104 ADOPTED THIS 19th day of December, 2007- E3avid Id. Ready, Ity agar ATTEST: es Thompson, City Cierk 0000 8 Resolution No.22122 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 22122 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 19�h day of December, 2007, by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pougnet. NOES: None. ABSENT: Mayor Pro Tom Foat. ABSTAIN: None. es Thompson, City Clerk 0 o ity of Palm Springs, California p I L D8, Resolution No.22122 Page 4 EXHIBIT A Case Nos. 5.1012 - CUP!TTM 31104 Time extension 640 North Indian Canyon Drive December 19, 2007 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING DEPARTMENT: Project Specific 1. The Development Schedule shall be amended to read as follows: Milestone I Description Timeline Date 1. Approve street improvement plans related to the No later than Movie Colony Traffic Calming Program November 7, 2007 2. Record Final Map and fnstafl street No later than improvements Februa 7, 2008 3. All internal demolition 3 months after final ` ma 4. Apply for grading permits 6 months after final ma 5. Apply for building permits and submit 6 months after final construction plans ma 6. Secure grading permits 1 year after final ma 7. Secure building permits 1 year after final map 8. Complete construction 2 years after final ma 9 Certificate of Occupancy 3 years after final ma 0 0 a 0 4 0 Resolution No,22122 Page 5 2_ Failure of the Applicant to comply with any one of the milestones as enumerated in the development Schedule will result in the immediate revocation of all entitlements, including anytime extensions in effecL. 3. All other conditions associated with the project shall remain in full force and effect. ENGINEERING DEPARTMENT: STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. 3. Tentative Tract Map 31104 proposes a partial abandonment of the south half of the existing right-of-way for Via Alta Mira and Granvia Valmonte adjacent to the project site, to facilitate construction of new bay parking spaces along the frontage. The Final Map should show abandonment of existing right-of-way along both Via Alta Mira and Granvia Valmonte extending from the current right- of-way to the curb line along the project frontages. 4. Abandonment of right-of-way is required to facilitate the proposed development application. Required right-of-way abandonment shall be acknowledged on the Final Map in accordance with Subdivision Map Act Section 66434(g). Prior to approval of a Final Map, the applicant shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the public right-of-- way to be abandoned. 5. The applicant shall be responsible for the design and construction of the street improvements required to implement the "Movie Colony Traffic Calming Program" adopted by the City Council on June 15, 2005. The street improvements have been conceptually outlined by the Engineering Division, and will be made available to the applicant upon request. The required street improvements to implement the "Movie Colony Traffic Calming Program" are generally listed within these conditions; however, additional requirements may be added at the discretion of the City Engineer as street improvement plans are prepared by the applicant for review and approval by the City Engineer. The applicant is advised that not all required street improvements necessary to implement the "Movie Colony Traffic Calming Program" are specifically listed herein, and that off-site street improvements are required as a condition of this development. oaao� -� Resolution No. 22122 Page 6 6. The Engineering Division has estimated the total cost of the "Movie Colony Traffic Calming Program" at approximately $362,000 with an estimated fair share of$111,000 assigned to the proposed development. The applicant may request to enter into a reimbursement agreement with the City that provides for reimbursement to the applicant from other property owners subject to the "Movie Colony Traffic Calming Program", as identified by the City. Reimbursement shall be determined as the proportionate share of the cost of constructing the street improvements, as approved by the City Engineer, and reimbursement shall be made to the applicant as reimbursements are received, if any, in accordance with the terms of the reimbursement agreement. The developer shall deposit $2,500 with the Engineering Division for costs associated with preparation of the reimbursement agreement by the City Attorney, and shall be liable for all costs in the preparation thereof. 7. Engineering Division recommends deferral of off-site improvement items related to Indian Canyon Drive at this time due to lack of full improvements in the immediate area. The owner shall execute a street improvement covenant agreeing to construct all required street improvements related to Indian Canyon Drive upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant, and the covenant shall be, shall be executed prior to issuance of a certificate of occupancy. INDIAN CANYON DRIVE 8, 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 - comer cut-back at the northwest and southwest corners of the subject property in accordance with City of Palm Springs Standard Drawing No, 105. 9. Remove the existing 8 inch curb and gutter located 26 feet east of centerline and replace with an 8 inch curb and gutter located 38 feet east of centerline along the entire frontage, with a 25 feet radius curb return and spandrel at the southeast corner of the intersection of Indian Canyon Drive and Via Altamira and at the northeast corner of the intersection of Indian Canyon Drive and Granvia Valmonte, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. This condition may be deferred to covenant, subject to approval of the Director of Public Works. 10. Remove the existing curb return and spandrel at the southeast corner of the intersection of Indian Canyon Drive and Granvia Valmonte, as necessary to coordinate with the "Movie Colony Traffic Calming Program" street improvements. This condition may be deferred to covenant, subject to approval of the Director of Public Works. 00006 Resolution No.22122 Page 7 11. Construct an 8 feet wide cross gutter across the east leg of the Indian Canyon Drive and Via Altamira intersection, and across the east leg of the Indian Canyon Drive and Granvia Valmonte intersection, as necessary to coordinate with the "Movie Colony Trafte Calming Program" street improvements, in accordance with City of Palm Springs Standard Drawing No. 200. This condition may be deferred to covenant, subject to approval of the Director of Public Works. 12. Remove the existing sidewalk and construct an 8 feet wide sidewalk behind the proposed curb along the entire frontage in accordance with City of balm Springs Standard Drawing No. 210. This condition may be deferred to covenant, subject to approval of the Director of Public Works, 13. Construct a Type A curb ramp meeting current California State Accessibility standards at the southeast comer of the intersection of Indian Canyon Drive and Via Altamira and at the northeast corner of the intersection of Indian Canyon Drive and Granvia Valmonte in accordance with City of Palm Springs Standard Drawing No. 212, This condition may be deferred to covenant, subject to approval of the Director of Public Works. 14. Construct pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. VIA CHICA 15. Dedicate an easement for sidewalk purposes as needed for those portions of sidewalk located outside of the public right-of-way. 16. Remove the existing asphalt pavement, and construct full width street improvements consisting of 2% inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, along Via Chica, from Via Altamira to Via Colusa, in accordance with the "Movie Colony Traffic Calming Program". Street improvements shall consist of a 20 feet wide, one-way southbound street, and 45 feet diameter traffic circles located at the intersections with Via Altamira and Granvia Valmonte, and a 30 feet diameter traffic circle at Via Colusa. Standard curb and gutter, wedge curb, or other approved street edge treatment shall be constructed, as necessary to convey street surface drainage. Resolution No.22122 Page 8 17. Proposed bay parking spaces along Via Chica adjacent to this project shall be aligned as necessary to facilitate the one-way southbound direction of Via Chica. Perpendicular bay parking, as shown on Tentative Tract Map 31104, shall not be allowed_ 18. The proposed driveway entrance into the open parking garage identified as "Complex C" shall have a minimum width of 24 feet, and shall be constructed of 6 inches of concrete, unless otherwise approved by the City Engineer, from the garage structure to the edge of travel way on Via Chica. The proposed driveway width of 20 feet is not approved. VIA ALTAMIRA 19. Dedicate an easement for sidewalk purposes as needed for those portions of sidewalk located outside of the public right-of-way. 20. Remove the existing asphalt pavement, and construct full width street improvements consisting of 2'/a inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, along Via Altamira, from Indian Canyon Drive to east of Via Chica, in accordance with the "Movie Colony Traffic Calming Program". Street improvements shall consist of a 24 feet wide, two-way street, and a 45 feet diameter traffic circle located at the intersection with Via Chica_ Standard curb and gutter, wedge curb, or other approved street edge treatment shall be constructed, as necessary to convey street surface drainage. 21. Proposed bay parking spaces along Via Altamira adjacent to this project shall be aligned as necessary to facilitate the two-way direction of Via Altamira. Bay parking shall be aligned perpendicular to the travel way. GRANVIA VALMCNTE 22. Dedicate an easement for sidewalk purposes as needed for those portions of sidewalk located outside of the public right-of-way. 23. Remove the existing curb and gutter and asphalt pavement, and construct full width street improvements consisting of 2%a inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 Inches at 95% relative compaction, or equal, along Granvia Valmonte, from Indian Canyon Drive to Via Chica, and along Valmonte Del Norte and Valmonte Del Sur east of Via Chica, in accordance with the "Movie Colony Traffic Calming Program". Street improvements shall consist of a 24 feet wide, two-way street, and a 45 feet diameter traffic circle located at the intersection with Via Chica_ Standard curb and gutter, wedge curb, or other approved street edge treatment shall be constructed, as necessary to convey street surface drainage, Resolution No 22122 Page 9 24_ Proposed bay parking spaces along Granvia Valmonte adjacent to this project shall be aligned as necessary to facilitate the two-way direction of Granvia Valmonte. Bay parking shall be aligned perpendicular to the travel way, SANITARY SEWER 25. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 26. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. 27. The on-site private sewer system shall collect sewage from the development and connect to the existing public sewer system with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No. 405. Sewer plans shall be submitted to the Engineering Division for review and approval. Private on-site sewer mains for residential projects shall conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes. Sewer manhole covers shall be identified as "Private Sewer". A profile view of the on-site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on- site sewer mains, i.e. building sewers and laterals from the buildings to the on- site private sewer mains, are subject to separate review and approval by the Building Division_ GRADING 28. Submit a Precise 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 Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Cade, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please 0li00 Resolution No_22122 Page 10 contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. The first submittal of the Precise Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Tract Map or site plan, a copy of current Title Report; and a copy of Soils Report. 29, Coordinate with Whitewater Mutual Water Company to determine relocation requirements for the existing water lines and other facilities located within the property if any. The applicant shall be required to make appropriate arrangements to protect in place or relocate the existing Whitewater Mutual Water Company facilities that are affected by the development. A letter of approval from Whitewater Mutual Water Company for relocated or adjusted water lines and other facilities shown on the Precise Grading Plan shall be submitted to the Engineering Division prior to approval of the Precise Grading Plan. 30_ Prior to approval of a Grading Plan, the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer, Richard Begay (760-699-6007), or the Tribal Archaeologist, Patty Tuck (760-699-6907), to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. 31. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters_ 32. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnica[IS oils Report shall be submitted to the Engineering Division with the first submittal of a grading plan. 33. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imparted 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 000046 Resolution No.22122 Page 11 To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Las Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 34. All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. Stormwater runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices 35, This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, may be required by regulations imposed by the RWQCB_ It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system (`MS4"), to the satisfaction of the City Engineer and the RWQCB. if required, such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development. 36. The project is subject to flood control and drainage implementation fees pursuant to Resolution 14082. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ON-SITE 37. For on-site bay parking in residential and commercial zones, paving material shall be decorative paving, colored andlor patterned to relate to the overall design in accordance with Zoning Code 93.06.00 (C)(15)(e). 38. An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete, unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer. 000 7 Resolution No.22122 Page 12 39. No structures shall be constructed within existing or proposed public utility easements. GENERAL 40, Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within -existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed priorto construction of the proposed development. 41. On phases or elements of construction following initial site grading (e.g., sewer, storm drain, or other utility work requiring trenching) associated with this project, the applicant shall be responsible for coordinating the scheduled construction with the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. Unless the project site has previously been waived from any requirements for Tribal monitoring, it is the applicant's responsibility to notify the Tribal Historic Preservation Officer, Richard Begay (760-669-6907), or the Tribal Archaeologist, Patty Tuck (760-669-6907) for any subsequent phases or elements of construction that might require Tribal monitoring. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during construction, and to arrange payment of any required fees associated with Tribal monitoring. Tribal monitoring requirements may extend to off-site construction performed by utility companies on behalf of the applicant (e.g. utility line extensions in off-site streets), which shall be the responsibility of the applicant to coordinate and arrange payment of any required fees for the utility companies. 42. All proposed utility lines shall be Installed underground. 43. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 44. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG 0000� Resolution No.22122 Page 13 (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formals. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. -- 45, 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 final certificate of occupancy- Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 46. Nothing shall be constructed or planted in the comer cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 47. 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 in accordance with City of Palm Springs Standard Drawing No. 904. MAP 48. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 49. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Final Map. 50. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.LS- Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROWDVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation CoGO49 Resolution No.22122 Page 14 drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe Acrobat 6.0 or greater) Formats. Variations of the type and format of C.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 51. In accordance with Section 66434 (g)of the Government Code, the portion of the existing public right-of-way over Via Alta Mira between the south right-of-way line and the south curb line; the portion of the existing public right-of-way over Granvia Valmonte between the north right-of-way line and the north curb line; and the portion of the existing public right-of-way over Via Chica between the west right-of-way line and the west curb line may be abandoned upon the filing of a Final Map Identifying the abandonment of the rights-of-way granted to the City of Palm Springs. Prior to approval of a Final Map, the applicant shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the public easements to be abandoned. Prior to approval of a Final Map, the developer shall provide to the City Engineer a letter of approval regarding the proposed abandonment of public right-of--way and public utility easements from each public utility agency_ TRAFFIC 52. The applicant shall relocate the existing City street lights along the Indian Canyon Drive frontage behind the curb, as part of the widening of Indian Canyon Drive required by this development. The relocated street lights shall have the existing overhead power converted to underground service through installation of underground conduits and pull boxes between the street lights located along the Indian Canyon Drive frontage, subject to the review and approval of the City Engineer. Prior to removal and relocation of existing street lights, contact the City of Palm Springs Facilities Division for requirements related to the removal and relocation of the affected street lights. 53. Submit traffic striping plans for Indian Canyon Drive, prepared by a California registered civil engineer, for review and approval by the City Engineer. All required traffic striping improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy. 54. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 55. Construction signing, fighting 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 O6,005,11 Resolution No. 22122 Page 15 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_ 56. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. END OF CONDITIONS