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HomeMy WebLinkAbout12/19/2007 - STAFF REPORTS - 2.G. O�ppLM Sa? ry V u �eronruo`0^ c�``F° `P. City Council Staff Report December 19, 2007 CONSENT CALENDAR Subject: APPROVAL OF FINAL MAP 33341 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH AQUA PALM SPRINGS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR A 6 LOT TRACT MAP FOR CONDOMINIUM PURPOSES LOCATED AT 2705 E. TAHQUITZ CANYON WAY, IN SECTION 13, TOWNSHIP 4 SOUTH, RANGE 4 EAST From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY Collins & Associates Engineering, Inc., representing Aqua Palm Springs, LLC, a California Limited Liability Company, has prepared a final map for subdivision of property into a six lot Tract Map for condominium purposes, located at 2705 E. Tahquitz Canyon Way, in Section 13, Township 4 South, Range 4 East. Approval of the final map will allow the map to be recorded, and building permits to be issued for future construction of the 156 condominium units proposed within the subdivision. This is merely a ministerial action, as required by the Municipal Code and the Subdivision Map Act. RECOMMENDATION: 1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 33341 FOR PROPERTY LOCATED AT 2705 E. TAHQUITZ CANYON WAY, IN SECTION 13, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH AQUA PALM SPRINGS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY;" and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: Collins & Associates Engineering, Inc., representing Aqua Palm Springs, LLC, a California Limited Liability Company, submitted Final Map 33341, requesting that the Item No. L . G . City Council Staff Report December 19, 2007- Page 2 Final Map 33341 property located at 2705 E. Tahquitz Canyon Way, in Section 13, Township 4 South, Range 4 East, be subdivided into six lots for condominium purposes on a 24,06 gross acre site. At its meeting of January 25, 2006, the Planning Commission recommended approval of Tentative Tract Map 33341, which was subsequently approved by the City Council, subject to conditions, on March 1, 2006. It has been determined that required conditions have been satisfied, that Final Map 33341 is in substantial conformance with the approved Tentative Tract Map, and that Final Map 33341 is ready for City Council approval. FISCAL IMPACT: None. David J. Barakian Thomas J. VWfs6n Director of Public Works/City Engineer Assistant Cify Manager David H. Ready, City t r ATTACHMENTS: 1. Map 2. Subdivision Agreement 3. Resolution . OOOO�D4 ATTACHMENT FINAL MAP 33341 . . 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TRACT MAP NO. 33341 a=212.0.9'a ba ll2 1lli dH' 8£,HOUGH 9 f.Y 4O 6, P .10.N OF l.DTS M-2 AS S';FIVXP OfL D-8 .% RiOOOOH]f.l9Q THR PER & 7d"J,REK R9R Rom'R}O T,S'fOE Co R,, ®a=a m'F-ee'cr'ta'z=au' TM40lIGR22f,22�2R4�;'L;Y.f;k;O'AND'YAS SHOIVN ONAArEND£D,i}AP OF iRACTi,Y] }03G6 Pc'RI.S8971J2-e1,RECCR0.5 GK RNERSfDECOffh' C UFORA'1A =30's):Y 1=E.]e ©N<T e'SO11YF72e'i)' STA4V4YAP5' / 0.-muL��a-qF d=i50 Ltl'G=15Jf'V"1-�.32a' I=2f B' ."i.'.`fT2 >;•J�3 N'.1=91'T<Yp'a=<rTi' o7fins&Associates Engineerin4 Inc. G5fV_7R 1177f5' a]esx_a[�uuautie: ^.�.Ti srr s+�Ff z ' ^� 61E]3' o TAN4UITZ CANYON WAY ` �I �I Ia (l.N o'So'I]1+% 1filfi2 r'f , /A9S u]% — TI]9l' o'_ZT I Il` I ry 1� c o sn' •al ¢ICI P Fac.l c na In 11 M LM4 [2L _nss9'.`h'Id'N,CI V?" a,S i'S9'!)• g b � K� E Ea'ramlz 1Y LE%n. +xati'eS p IFn,W.e 55 _' �a 0.K R.aersn.Cxa..l. 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Construction Obligations......................................................................................2 1.1 Works of Improvement..........--.......--....--.................-,----------------------2 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval .............................................................................2 1.3 Intent of Plans........................ ....... ......... ........................................ ........2 1.4 Survey Monuments ....................................................................................3 1.5 Performance of Work.................................................................................3 1.6 Changes in the Work..................................................................................3 17 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 ................................................................3 111 Inspection---------------------------------------------------------------------------------------------------4 1.12 Compliance with Law.........................................................................---4 1.13 Suspension of Work...................................................................................4 1.14 Final Acceptance Of Works of Improvement...............................................4 2. Time for Performance ...........................................................................................5 2.1 Commencement and Completion Dates ....................................................5 22 Phasing Requirements------------------------------------------------------------------------------5 2.3 Force Majeure........ ...... ............. .......-----5 2.4 Continuous Work........................................................................................6 2-5 Reversion to Acreage--------- -----------------------------------------------------------------------6 2.6 Time of the Essence ..................................................................................6 3- Labor-.....--...----........—.... ... ....... ----------------------- ......---------------------6 3.1 Labor Standards.........................................................................................6 3-2 Nondiscrimination... ---------------6 3.3 Licensed Contractors .................................................................................6 3.4 Workers' Compensation.............................................................................6 4, Security...................................................... .............................................. ...-7 4.1 Required Security.......................................................................................7 4.2 Form of Security Instruments.....................................................................7 4.3 Subdivider's Liability...................................................................................8 4-4 Letters of Credit—--- ....... ......9 4,5 Release of Security Instruments ... .........-............................ ...... 9 5. Cost of Construction and Provision of Inspection Service............................ ..................................................................................10 5.1 Subdivider Responsible for All Related Costs of Construction..........................................................................................• 10 5.2 Payment to City for Cost of Related Inspection and Engineering Services ...........................................10 6. Acceptance of Offers of Dedication..................................................................... 10 7. Warranty of Work--------------------------------................................................................10 8. Default ...................................................................................... . . . 11 8.1 Remedies Not Exclusive . . .....................................................11 8.2 City Right to Perform Work.......................................................................11 8.3 Attorney's Pees and Costs .......................................................................11 9. Indemnity............................................................................................................11 10 General Provisions........................................................................................... .12 10.1 Successors and Assigns..........................................................................12 10.2 No Third Party Beneficiaries.....................................................................12 10.3 Entire Agreement; Waivers and Amendments .........................................12 11- Corporate Authority............................................................................... ...........12 000015 SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this day of , 2007, by and between the CITY OF PALM SPRINGS, a California charter city ("CITY"), and AQUA PALM SPRINGS, LLC, a California Limited Liability Company (Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 33341 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 additional right-of-way concentric with the back of sidewalk adjacent to the bus turn-out on Farrell Drive; easement for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over Lots "A" through "RR", inclusive; dedication of abutters rights of access along Farrell Drive, Tahquitz Canyon Way, and Baristo Road, excluding a 100 feet wide access point on Baristo Road, all as shown on the map; and City desires to accept said dedication and certain other improvements as described in this Agreement. C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1. Construction Obligations. 1 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred to as the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans")- The estimated construction cost for the Works of Improvement is $8,900,000.00. 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "B" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 2 OUBB17 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement- 1-6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents- 1-9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as 3 MKS direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement,and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of 4 0000-TLS Improvement thirtV (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 2 ears after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon approval by the City Engineer or his designee. Extension of time may be granted upon mutual agreement of the City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee. 2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction, 2.3 Force Maieure_ Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 5 QQiQQ�Q 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor, 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter"Security Instruments"): 6 099021 (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $8,900,000.00 equal to 100% of the estimated construction cost referenced in Section 1.1, (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to $4,450,000.00 equal to 50% of the estimated construction cost referenced in Section 1.1. (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $10,000.00 equal to 100% of the cost thereof. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and.,Warrant y. 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 $1,335,000.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the 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 7 090922 Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, 8 000923 issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit- (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service- 6-1 Subdivider Responsible for All Costs of Construction_. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a 9 separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Pa ment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 10 0aU921 82 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor 11 QQQQ�� Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Corporate Authority.The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. W W W W W (Signatures on Next Page) 12 000027 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: AQUA PALM SPRINGS, LLC, a California Limited Liability Company Check one: —Individual Partnership _Corporation' r Company *Note, for rpor ' ns, two corporate officers must sign this Agreement, as indicated below, r all of rs, authorized agents must sign this Agreement. B - y: igna of ' d) Signature (notarized) Name: Dennis A. Cunningham Name- Title- Authorized Representative Title: (For Corporations, this document must For Corporations, this document must be be signed in the above space by one of signed in the above space by one of the the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) 13 0119028 Mailing Address: Aqua Palm Springs, LLC c/o Palm Springs Modern Homes P. O. Box 1587 Palm Springs, CA 92263 (760) 320-8773 (760) 320-8774 (fax) 14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -c<`crk7.�cr;��5,�.r'-,`:cry'i��•cr�c<`:a.'_crcY.cryr•�,rs,-r.r�`..r.:rtrti`tirtirtirt`r�:4^r.=�'.ti,�"�.�5;�;�Y:tivcr:crq J n r� State of California fi o ' Ss. County of t \ii: •\C \ J r� On 1,`� 2 't l before me, lt, path Name and Title of Olricer(a g 'Jane p o Notary Puhllo• ( {l personally appeared 7L1', , l ` ( l_U v )I 1 I v__I_ h 1 _ -, 4 hp — Namela(of sl nape) Ci r' ❑ personally known to me C proved to me on the basis of satisfactory evidence OS-OOWHITNEV MFEKS P Commisslon # 1711940 to be the person(s) whose nameW(israre Notary vubllc -calll"nia as subscribed to the within instrument and r1 itwerslae county acknowledged to me that he/she/they executed LE,Ptmoeczt'2ot0 the same in (liis/herltheir authorized capacity( es), and that by lr is/her/their signature(s) on the instrument the person(S), or i? the entity upon behalf of which the person(s� acted, executed the instrument. h WITNESS my hand and official seal. ?� Place Notary Seal Above Slgnatuurof Notary Pu61ic S DPTIONAL � 1 Though the information below is not required by law, it may prove valuable to persons relying on the document -and could prevent fraudulent removal and reattachment of this form to another document. Ii Description of Attached Document , Title or Type of Document: Document Date: Number of Pages: I i 1 Signer(s) Other Than Named Above: I Capacity(ies) Claimed by Signer Signer's Name• - _ --_- ❑ Individual - l Top of mumu ncre ❑ Corporate Officer--Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact El Trustee ❑ Guardian or Conservator ❑ Other: I l 1 Signer Is Representing: I I �ti� Ofa6a Nallonal NolvyweMlallon•85500e Sew An.Pp 6oR2402•Ch.bworth Prod.No 5807 Reorder.Call Toll-Free 1-aoo-676 19 UGUO30 ALL-PURPOSE ACKNOWLEDGMENT State of CAPACITY CLAIMED BY County of SIGNER On before me, Date Name, Title of Officer ❑ INDIVIDUAL(S) personally appeared ❑CORPORATE NAME(S) OF SIGNER(S) OFFICER(S) ❑ personally known to me - OR— TITLE(S) ❑ proved to me on the basis of satisfactory evidence to be the ❑PARTNER(S) persons(s) whose name(s) is/are subscribed to the within ❑ATTORNEY-IN-FACT instrument and acknowledged to me that he/she/they executed ❑TRUSTEE(S) the same in his/her/their authorized capacity(ies), and that by ❑SUBSCRIBING WITNESS his/her/their signature(s) on the instrument the person(s) Or the ❑GUARDIAN/CONSERVATOR entity upon behalf of which the persons(s) acted, executed the ❑OTHER instrument, Witness my hand and official seal. SIGNER IS REPRESENTING: Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE OF DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 15 EXHIBIT "A" TRACT MAP 33341 LEGAL DESCRIPTION Tract Map No. 33341, as recorded in Map Book , Pages through inclusive, records of Riverside County, California. 16 000032 EXHIBIT "B" TENTATIVE TRACT MAP 33341 CONDITIONS OF APPROVAL 17 00Q'0'33 Resolution No.21523 Page 6 EXHIBIT A Case No. 5.1046 •- PD-232, TTM 33341 ' Aqua Palm Springs, LLC South Side Tahquitz Canyon Way at Louella Road CONDITIONS OF APPROVAL March 1, 2006 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning 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. PROJECT SPECIFIC CONDITIONS Planning Department: 1. The proposed development of the premises shall conform to all applicable regulations ' of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1046 Tentative Tract Map 33341. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain ' and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas GGGGn4 Resolution No. 21523 Page 7 that extend onto private property, in a first class condition, free from waste and ' debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be Included in the recorded covenant agreement for the property if required by the City. 4. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64,00 is required. This project has a do minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 114% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the ' Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 6. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The applicant shall submit a property appraisal to the Planning Services Department for the purposes of calculating the Park Fee. The Park Fee payment and/or parkland dedication shall be completed prior to the issuance of building permits. Environmental Assessment 7. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the Planning Commission consideration of the environmental assessment_ Mitigation measures are as follows: ' 111-1 Earth-moving activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 MPH, per the Coachella Valley PM10 State Implementation Plan and SCAQMD Rule 403.1. 000035 Resolution No.21523 Page 8 III-2 Adequate watering techniques shall be employed to partially mitigate the ' impact of construction-generated dust particulates. Portions of the project site that are undergoing earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the day, as part of the construction specifications. III-3 Any construction access roads should be paved as soon as possible and cleaned after each work day. The maximum vehicle speed limit on unpaved road surfaces shall be 15 MPH. 111-4 All trucks should maintain at least two feet of freeboard. III-5 Trucks hauling dirt, sand, soil or other loose dirt material off-site, should be covered and washed off before leaving the site. III-6 Adjacent streets should be swept if silt is carried over to adjacent public thoroughfares. III-7 As part of the construction specifications, any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the disturbed area subject to wind erosion. Irrigation systems needed to water these plants shall be Installed as soon as possible to maintain the ground cover and minimize wind ' erosion of the soil. III-8 Construction operations affecting off-site roadways shall be scheduled for off- peak traffic hours and shall minimize obstruction of through-traffic lanes. V-1 If buried cultural materials are discovered during any earth-moving operations associated with the project, all work in that area should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds. X-1 Noise mitigation barriers shall be constructed for units facing either Tahquitz Canyon Way or Farrell Drive as described in Section 5.2 of the Acoustical Analysis prepared by Gordon Bricken and Associates, dated December 16, 2004- Per the Analysis, these barriers may consist of either perimeter sound walls or sound abatement construction methods and mechanical ventilation. This will be accomplished at the time of building plan check. X-2 Prior to certificate of occupancy for units adjacent to either Tahquitz Canyon Way or Farrell Drive, provide documentation that units meet minimum indoor noise limits of 45 dBA CNPL, X-3 Provide disclosure to prospective future owners of units that the project ' meets the minimum code standards, but that noise is likely to be audible. 000036 a Resdulion No 21523 r agc 0 X-0 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers, and the engines shall be equipped with shrouds X-5 All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires X-5 Stockpiling and vehicle staging areas shall be located in the western portion of the property, as far away from existing residential units as possible. X-7 Parking, refueling, and servicing operations for all heavy equipment and om site construction vehicles shall be located in the northeastern portion of the property, as faraway from existing residential units as possible. X-8 Stationary equipment shall be placed such that emitted noise is directed away from noise sensitive receptors. 8. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to Inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement ' permits that may be required pursuant to the Palm Springs Municipal Code. CC&R's 9. The applicant prior to issuance of building permits shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances_ 10. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, for the review of the CC&R's by the City Attorney_ A filing fee, in accordance with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. Final Design 11. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted For approval by the Department of Planning Services, prior to issuance of a building ' permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. UVVIFu d Resolution No.21523 Page 10 12. The final development plans shall be submitted in accordance with Section 94.03.00 ' of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the approval of the tentative tract map. 13_ An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturer's out sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. Public Safety CFD 14. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. ' Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 at seq., or other appropriate statutory or municipal authority_ Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. General Conditions/Code Requirements 15. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application For Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 16. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 17. The grading plan shall show the disposition of all cut and fill materials. Limits of site ' disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. Qfl�QQ3t� Resolution No 21523 Page 11 18, Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 19 All materials on the flat portions of the roof shall be earth tone in color. 21. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance_ The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 22. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 23. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 24. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 25. The street address numbering/lettering shall not exceed eight inches in height. 26. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety 27. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building *'28. The applicant shall coordinate with staff to find a resolution regarding the potential for Installing traffic calming devices along Baristo Road, from Compadre Road to Farrell Drive. * 29 The applicant shall be required to modify the proposed landscaping treatment by installing dense landscaping at the corner of Baristo Road and Farrell Drive. **30. The applicant shall be required to modify the proposed perimeter walls of the project. **31. The proposed motor courts shall not be required to install curbs. QQQQc�� Resolution No, 21523 Page 12 Engineering Department Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. FARRELL DRIVE & Dedicate abutters rights of access to Farrell Drive along the entire frontage of the project; vehicular access to Farrell Drive shall be prohibited. 4. Sunline Transit Agency is preparing a Comprehensive Operations Analysis (COA), which may change bus routes. if, prior to approval of a grading plan, the COA has been released for public review and it proposes deletion of the bus route serving the existing bus stop at the northeast corner of Farrell Drive and Baristo Road, no improvements shall be necessary to the existing bus stop, unless otherwise specifically required by Sunline Transit Agency or the City Engineer. 5. Sunline Transit Agency is preparing a Comprehensive Operations Analysis (COA), which may change bus routes. if, prior to approval of a grading plan, the COA has not been released for public review; or if the COA has been released for public review prior to approval of a grading plan, but does not propose deletion of the bus route serving the existing bus stop at the northeast corner of Farrell Drive and Baristo Road, the applicant shall be responsible for the following: a. Dedicate additional right-of-way concentric with the back of sidewalk adjacent to the bus turn-out. b. Remove the existing curb, gutter, and sidewalk as necessary to construct a 170 feet long by 12 feet wide bus turn-out at the northeast corner of Farrell Drive and Baristo Road, in the same location as the existing bus stop. The existing bus stop shelter shall be relocated; or if required by the Director of Planning, the existing bus stop shelter shall be removed, and construction of a new bus stop shelter shall be required, with a design compatible to project architecture as reviewed by Sunline Transit Agency and approved by the Director of Planning. Bus stop furniture and other accessories, as reviewed by Sunline Transit Agency and approved by the Director of Planning, shall be provided by the applicant, as required. C. Construct an 8 feet wide sidewalk behind the curb concentric with the bus turn out in accordance with City of Palm Springs Standard Drawing No. 210. 0a0aa '0 Resolution No, 21523 Page 13 d. Construct pavement with a minimum pavomont section of 3 inches asphalt ' concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 2.4 inches at 95% relative compaction, or equal, from edge of proposed bus turn out to clean sawcut edge of pavement. 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. 6. All broken or off grade street improvements shall be repaired or replaced. TAHQUITZ CANYON WAY T Dedicate abutters rights of access to Tahquitz Canyon Way along the entire frontage of the project; vehicular access to Tahquitz Canyon Way shall be prohibited. 8. Remove the existing curb ramp at the southwest corner of Tahquitz Canyon Way and Louella Road, and construct a Type A curb ramp in accordance with City of Palm Springs Standard Drawing No. 212. 9. The developer shall remove portions of the existing sidewalk as necessary to plant new Washingtonia robusta palm trees with tree wells along the Tahquitz Canyon ' Way frontage, at 60 feet spacing. New palm trees shall have a height consistent with other palm trees along Tahquitz Canyon Way in the vicinity, unless otherwise required by the Director of Planning. The applicant shall be responsible for installation of an irrigation system and for the perpetual maintenance of the new palm trees and other parkway landscaping along the Tahquitz Canyon Way frontage to the satisfaction of the City Engineer. (The applicant shall coordinate with staff in order to achieve the original intent of Tahquitz Canyon Way— Added by CC ON 3/1/06) 10. All broken or off-grade street improvements shall be repaired or replaced. BARISTO ROAD 11. Dedicate abutters rights of access to Baristo Road along the entire frontage of the project, excluding the 100 feet wide access point for the Main Entry; vehicular access to Baristo Road shall be prohibited. 12. Remove the existing 6 inch curb, gutter, sidewalk, and curb ramp as necessary to construct a 50 feet wide new street intersection for the Main Entry with the centerline of the Main Entry aligned with the centerline of Compadre Road. The Main Entry shall be constructed with 25 feet radius curb returns and spandrels, and a 6 feet wide crass-gutter, in accordance with City of Palm Springs Standard Drawing No_ 200 and 206. The Main Entry shall be constructed with a 20 feet wide ingress and egress lane separated by a raised 10 feet wide median. The median shall be located outside of public right-of-way. 000041 Resolution No.21523 Page 14 13. The gated entry design of the Main Entry, including widths of ingress and egress lanes, shall be subject to the review and approval by the City Engineer and Fire ' Marshall. Emergency access shall be provided to the Fire Department to the satisfaction of the Fire Marshall. 14. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the secondary access in accordance with City of Palm Springs Standard Drawing No. 212. 15. All broken or off grade street improvements shall be repaired or replaced. LOUELLA ROAD (PRIVATE) 16. The applicant shall provide proof of access rights to Louella Road; documentation shall be provided to the City Engineer prior to approval of a final map. Absent documentation showing proof of access rights to Louella Road, as determined by the City Engineer, the applicant shall obtain an access easement over Louella Road as necessary to provide legal access to the project. 17. Remove the two existing driveway entrances (and curb returns) on the west side of Louella Road into the property and replace with 6 inch curb and gutter to match existing curb and gutter on each side of the two driveway entrances. 18. Remove the existing 6 inch curb and gutter as necessary to construct a 50 feet wide new street intersection for the Main Entry with the centerline of the Main Entry located approximately 125 feet south of the north property line aligned with the existing median opening in Louella Road. The street intersection shall be constructed with 25 feet radius curb returns and spandrels, and a 6 feet wide cross- gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. The Main Entry shall be constructed with a 20 feet wide ingress and egress lane separated by a raised 10 feet wide median. to the teg4al ,a}e �-avaess�,v-n'*�n,cr-per t streets (Plairtg 6ornrnissienresen�raendatiat}at its-pu }is laear+flg orr tiara 26, 2096)-(Deleted per City Council directions— 311/0(1) 20. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the Main Entry in accordance with City of Palm Springs Standard Drawing No. 212, 21, All broken or off grade street improvements shall be repaired or replaced. ON-SITE PRIVATE STREETS 22. The on-site layout of streets and parking spaces is subject to further review and ' approval by the City Engineer. Adjustment of proposed street alignments, and deletion or relocation of proposed parking spaces may be required during review 000942 Resolution No.21523 Page 15 and approval of construction plans for on-site improvements, as required by the City Engineer. Approval of the preliminary site plan does not constitute approval of the on-site layout of streets and parking spaces as proposed. 23_ The applicant shall demonstrate that the layout of typical "motor courts" with units arranged in a pin-wheel configuration provide sufficient maneuvering area for vehicles leaving and entering the garage units, to the satisfaction of the City Engineer. Units shall be relocated and motor courts shall be enlarged, as necessary to provide additional maneuvering area, as required by the City Engineer. 24. Dedicate easements for public utility purposes, with the right of ingress and egress for service and emergency vehicles and personnel over the proposed private streets. 25. All on-site private streets shall be two-way with a minimum 24 feet wide travelway (as measured from face of curb)where no on-street parking is proposed. 26. All on-site private streets shall be two-way with a minimum 32 feet wide travelway (as measured from face of curb) where on-street parking is proposed on one-side of the street. 27. All on-site private streets shall be two-way with a minimum 36 feet wide travelway (as measured from face of curb) where on-street parking is proposed on both sides of the street. 28. All on-site streets shall be constructed with curb and gutters to accept and convey on-site stormwater runoff, in accordance with applicable City Standards. 29. All on-site streets shall be constructed with a minimum pavement section 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. 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. 30. Parking shall be restricted along both sides of the 24 feet wide on-site private streets; and parking shall be restricted along one side of the 32 feet wide on-site private streets, as necessary to maintain a minimum 24 feet wide clear two-way travel way. Regulatory Type R25 "No Parking" signs or red curb shall be installed along the private streets as necessary to enforce parking restrictions. The Home Owners Association (HOA) shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions (CC&R's) required for the development. ' SANITARY SEWER 31. Any existing on-site sewer improvements shall be removed as required by the City Engineer. GOGE3 Resolution No,21523 Page 16 32_ All sanitary facilities shall be connected to the public sewer system. New laterals , shall not be connected at manholes. 33. Construct an on-site private sewer system to collect sewage from the development and connect to the existing public sewer system_ Sewer plans shall be submitted to the Engineering Division for review and approval. Private on-site sewer mains shall conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes. 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_ 34. The on-site private sewer system shall not connect to an existing sewer manhole within Baristo Road. The on-site sewer system shall connect to the sewer main with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No. 405, 35. 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. GRADING 36. Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer to the Engineering Division for review and approval_ The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit, a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on ' attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A 00094�� Resolution No, 21523 Page 17 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 Precise Grading and Paving Plan. b. The first submittal of the Precise Grading and Paving Plan shall Include the j 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; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 37. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 3& A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760- 346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to issuance of a grading permit. 39. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development, 40. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. Stockpiled fill existing on the site shall be addressed in the report. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 41. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (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 42. 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 Resolution No. 21523 Page 18 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 (if any). 43. The applicant is advised that the City of Palm Springs is scheduled to begin preparation of construction plans for Storm Drain Lateral 20C, extending in El Cielo Road from Ramon Road to Baristo Road, as shown on the Master Drainage Plan for the Palm Springs Area, administered by the Riverside County Flood Control & Water Conservation District (RCFC). The applicant shall be responsible for the design and construction of Storm Drain Lateral 20CA, extending in Baristo Road, from El Cielo Road to Compadre Road, as necessary to accept stormwater runoff from the project site. Prior to approval of a final map, as determined by the City Engineer based upon the City's progress with its preparation of construction plans for Storm Drain Lateral 20C, the applicant shall be required to satisfy one of the following: a. If preliminary plans have been prepared by the City for Storm Drain Lateral 20C from which the applicant may prepare its own plans for Storm Drain Lateral 20CA, the applicant shall be responsible for submitting storm drain improvement plans prepared by a California registered civil engineer to RCFC for review and approval. Prior to commencement with preparation of Storm Drain Lateral 20CA plans, the applicant shall obtain written approval from the City Engineer. The storm drain plans shall be approved by RCFC prior to approval of a final map; and construction of Storm Drain Lateral 20CA shall be completed prior to issuance of a certificate of occupancy. b. If preliminary plans have not been prepared by the City for Storm Drain Lateral 20C from which the applicant may prepare its own plans for Storm Drain Lateral 20CA, as determined by the City Engineer, the applicant shall deposit necessary funds with the City, as required by the City Engineer, for design of Storm Drain Lateral 20CA as part of the City-wide storm drain project. Design funds shall be deposited with the City prior to approval of a final map. The applicant shall deposit additional funds as necessary to construct Storm Drain Lateral 20CA by the City prior to issuance of a certificate of occupancy. The applicant shall be responsible for depositing sufficient funds with the City to cover all costs associated with the design and construction of Storm Drain Lateral 20CA, upon thirty (30) days written notice from the City Engineer. 44. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Based on the 24.00 acre size of the project site as shown on the Tentative Tract Map, the project is responsible for payment of $221,088 in drainage 0009 6 Resolution No.21523 Page 19 implementation fees. In either case of the design and construction of Storm Drain Lateral 20CA, by the applicant or by the City as identified in the previous condition, the applicant shall be eligible for credit up to the maximum drainage implementation fee of $221,088 otherwise due. Costs associated with the design and construction of Storm Drain Lateral 20CA in excess of the maximum drainage implementation fee of $221,088 otherwise due are the responsibility of the applicant, and are not reimburseable by the City. GENERAL 45. 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 prior to construction of the proposed development. 46. All proposed utility lines shall be installed underground. 47. 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. 48. 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 (AutoCAD drawing file) and DXF (AutoCAD ASCII drawing exchange file). 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. 49. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 50. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 0000�, Z Resolution No.21523 Page 20 51. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City ' of Palm Springs Standard Drawing No. 904, MAP 52. 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. 53. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Engineer for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be provided with the first submittal of the final map, and shall be approved by the City Engineer prior to approval of the Final Map. 54. 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 CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD drawing file), DGN (Microstation drawing file), and DXF (AutoCAD ASCII drawing exchange file). Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 55. Relocation or abandonment of record easements across the property shall be performed in conjunction with or prior to approval of a final map. The easements, identified as an easement to Water Company recorded as Instrument on March 5, 1987 in Map Book 68, Page 471; easements to be abandoned for sewer, water, and public utilities over certain lettered lots as shown and dedicated on Tract Map 10346; an easement to be abandoned for pipe lines and incidental purposes, in favor of Southern California Gas Company recorded as Instrument No. 216081 on October 11, 1979; easements for walls, encroachments, utilities, Ingress and egress and incidental purposes recorded as Instrument No. 233274 on November 1, 1979: and an easement for pole lines, conduits and incidental purposes, in favor of General Telephone Company of California recorded as Instrument No. 212740 on November 13, 1980, shall be extinguished, quit-claimed, relocated or abandoned to , facilitate development of the subject property. All record easements shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. Without evidence of such, proposed individual lots encumbered by 00004,13, ResoloNon No.21523 Page 21 existing record easements are rendered unbuildable until such time as these ' easements are removed of record and are not an encumbrance to the affected lots. TRAFFIC 56_ Based on the traffic study submitted by Endo Engineering on November 22, 2005, the following mitigation measure will be required.- A. Install a traffic signal at the intersection of Civic Drive and Tahquitz Canyon Way. The applicant shall submit traffic signal installation plans prepared by a California registered Civil Engineer or Traffic Engineer for review and approval by the City Engineer_ The traffic signal shall be installed and operational prior to issuance of the 150th Certificate of Occupancy, unless otherwise allowed by the City Engineer. The applicant shall be responsible for 100% of the cost to design and install the traffic signal. B. Install traffic striping and signage improvements at the intersection of Baristo Road and Compadre Road to provide striping for two eastbound through lanes of uniform width that extend a minimum of 150 feet west and 200 feet east of Compadre Road, or as required by the City Engineer. Submit traffic striping plans prepared by a California registered civil engineer, for review and approval by the City Engineer. All required traffic striping and signage ' 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. C. Install 30 inch stop signs, stop bars, and "STOP" legends as necessary to create an "All-Way Stop Controlled" (AWSC) intersection, at the intersection of Baristo Road and Compadre Road, and the Main Entry, in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 57. A minimum of 48 inches of clearance shall be provided on public sidewalks for handicap accessibility. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk; or by the relocation of any obstructions within the public sidewalk along the Farrell Drive, Tahquitz Canyon Way, Baristo Road, and Civic Drive frontages of the subject property. 58. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 59, Install a street name sign and a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the intersection of Louella Road and the Louella Road access in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. QGGE19 Resolulian No.21523 Page 22 60. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all ' construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 61. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Waste Disposal 1. Trash cans shall be screened from view and kept within fifty (50)feet of the street. Police Department I. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. Building Department 1. Prior to any construction on-site, all appropriate permits must be secured. Fire Department: ' I. Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) 2. Building or Complex Gate Locking Devices: If locked gate(s) are included with this project then they shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323-8166 for a KNOX application form. (902.4 CFC) 3. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) • Minimum Access Road Dimensions: 1. Private streets shall have a minimum width of at least 20 feet, pursuant to California Fire Code 902.1 however, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. The Palm Springs Fire Department requirements for two-way private streets, is a minimum width of 24 feet, unless otherwise allowed by the City engineer. No parking shall be allowed in either side of the roadway. QQQQ�un Resolution No.21523 Page 23 2. Roads must be 32 feet wide when parking is not allowed on only one side of the roadway. 3. Reduced Roadway Width: Areas with reduced roadway width (such as entry and exit gates, entry and exit approach roads, traffic calming areas) that are under 36 feet wide require red painted curb to maintain minimum 20 foot clear width. Fled curb shall be stenciled "NO PARKING" and "FIRE LANE" with white paint. (901 .4 CFC) 4. Access Gates if applicable: Fire/Police/Ambulance access gates shall be at least 14' in width when in the open position and equipped with a Knox (emergency access) key switch. A Knox key operated switch shall be installed at every automatic gate. Show location of switch on plan. Show requirement in plan notes. 5. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (902,2.224 CFC) The City of Palm Springs has two approved turn around provisions. One is a cul-de-sac with an outside turning radius of 45 feet from centerline. The other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 9-4-02. 6, Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). Installation, testing, and inspection will meet the requirements of NFPA 24 1995 edition. Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the Fire Department. (9-2.1 NFPA 24 1995 edition) 7, Operational Fire Hydrants: Operational fire h drant s shall be installed within 250' of all combustible_construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except groundcover plantings. 1001.7.2 CFC), 8, Residential Smoke Detector Installation: Provide Residential Smoke Detectors. Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be interconnected so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72) Provide a note on the plans showing this requirement. 9. Plot plan: Prior to completion of the project, a 8.5"x1l" plot plan shall be provided to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifiers, main electrical panel 000051 Resolution No.21523 Page 24 locations, sprinkler riser and fire alarm locations. Large projects may require more than one page. ' 10.Fencing Required: Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8.04.260 PSMC) 11.Fire Flow: Fire flow for this project is estimated to be 1000 GPM, 12.Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. END OF CONDITIONS 1 i ATTACHMENT RESOLUTION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 33341 FOR PROPERTY LOCATED AT 2705 E. TAHQUITZ CANYON WAY, IN SECTION 13, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH AQUA PALM SPRINGS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY WHEREAS, the Planning Commission, at its meeting of January 25, 2006, recommended approval of Tentative Tract Map 33341, prepared by Collins & Associates Engineering, Inc., representing Aqua Palm Springs, LLC, a California Limited Liability Company, for the above described property, and WHEREAS, the City Council at its meeting of March 1, 2006, approved Tentative Tract Map 33341 subject to conditions; and WHEREAS, the offers of dedication to the City of Palm Springs for sewer, water and other public utility purposes over a portion of Lot "C", and all of Lots "G", "L", "M", "N", "0", and "P" as dedicate to public use on Amended Map of Tract No. 10346 recorded in Map Book 97, Pages 72 through 81, are to be abandoned pursuant to Section 66434 (g) of the Government Code; and WHEREAS, the owner offers for dedication to public use, easements for sewer, water and other public utility purposes over Lots "A" through "RR", inclusive; dedication to public use for street and public purposes, Lot "SS"; and dedication of abutter's rights of access adjacent to Baristo Road, Farrell Drive, and Tahquitz Canyon Way. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: 1. That Final Map 33341 is in substantial conformance with approved Tentative Tract Map 33341; and 2. That requisite conditions associated with Tentative Tract Map 33341 have been satisfied; and 3. That Final Map 33341 is in conformance with the General Plan; and 4. That Final Map 33341 conforms to all requirements of the Subdivision Map Act of the State of California; and 5. That the abandonment of offers of dedication to the City of Palm Springs for sewer, water and other public utility purposes over a portion of Lot "C", and all of Lots "G", "L", "M", "N", "O", and "P" as dedicate to public use on Amended Map of Tract No. 10346 recorded in Map Book 97, Pages 72 through 81, is approved, pursuant to Section 66434 (g) of the Government Code; and 690917�v Resolution No. Page 2 6. That all offers of dedication to the public on Final Map 33341 shall be accepted by the City Clerk of the City of Palm Springs; and 7. That the City Manager is hereby authorized to enter into a Subdivision Improvement Agreement with the subdivider and to accept subdivision improvement security in conformance with the requirements therein for construction of required public improvements; and 8. That the City Clerk shall cause to have recorded with the Riverside County Recorder the Subdivision Improvement Agreement; and 9. That Final Map 33341 is hereby approved for purposes therein defined. ADOPTED THIS 19th day of December, 2007. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on December 19, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 000055