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12/17/2003 - STAFF REPORTS (20)
DATE: December 17, 2003 TO: City Council FROM: Director of Public Works/City Engineer FINAL MAP NO. 30054 RECOMMENDATION: It is recommended that the City Council approve Final Map No. 30054 for Hunsaker and Associates Irvine, Inc., representing K. Hovnanian's Four Seasons at Palm Springs, LLC, a California Limited Liability Company, to subdivide property located at 3600 N. Sunrise Way, in Section 36, Township 3 South, Range 4 East. SUMMARY: Hunsaker and Associates Irvine, Inc., representing K. Hovnanian's Four Seasons at Palm Springs, LLC, a California Limited Liability Company, has prepared a 228 lot Tract Map for subdivision of property located at 3600 N. Sunrise Way, in Section 36, Township 3 South, Range 4 East. BACKGROUND: Hunsaker and Associates Irvine, Inc., representing K. Hovnanian's Four Seasons at Palm Springs, LLC, a California Limited Liability Company, requests that the property located at 3600 N. Sunrise Way, in Section 34, Township 3 South, Range 4 East, be subdivided into 228 lots. At its meeting of January 8, 2003, the Planning Commission recommended approval of Tentative Tract Map No. 30054, which was subsequently approved by the City Council, subject to conditions, on January 15, 2003. The owner offers for dedication to the City of Palm Springs for public use for street and public utility purposes Lot "A" (Sunrise Way); dedication to public use the easement for public utility purposes including sewers,with the right of ingress and egress for service and emergency vehicles and personnel over Lots "AA", "BB", "CC", "DID", "EE", "FF", "GG", "HH", "II", "JX, "KK", "LL", "MM", "NN", "00", "PP", "QQ", "RR", "SS", and "TT"; and dedication to public use for sewer purposes a strip of land twenty feet in width as shown within Lot 228 and Lot "V". It has been determined that required conditions have been satisfied, that Final Map No. 30054 is in substantial conformance with the approved Tentative Tract Map, and that Final Map No. 30054 is ready for City Council approval. SUBMITTED: �/ APPROO D:—c DAVID J. BARAKIAN DAVID H. READY Director of Public Works, City Engineer City Manager ATTACHMENTS: 1. Resolution 2. Map l �� 3. Subdivision Agreement P28 NUMBERED LOTS AND SHEET 1 OF U SHEETS LETTERED LOTS W THROUGH T,INCLUSIVE IN THE CRY OF PALM SPRINGS,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA FICATE AND LOTS ' THROUGH NhY,INCLUSIVE TRACT N O. 30054 RECORDS HIS „ SOLOED ACRES FILED THIS_DAY OF 2003,AT M BEING A SUBDIVISION OF PORTIONS OF THE SOUTHWEST QUARTER AND THE IN BOOK_OF MAPS, SOUTHEAST QUARTER OF SECTION 36,TOWNSHIP 3 SOUTH,RANGE 4 EAST,SAN AT PAGES BERNARDINO BASE AND MERIDIAN,ACCORDING TO THE OFFICIAL PLAT THEREOF. AT TIRE REQUEST OF WE CITY CLERK OF TIE CITY GF PALM SPRINGS RORY S.WILLIAMS,LS.6664 DATE OF SURVEY: JULY,2003 FEE. S HUNSAKER AND ASSOCIATES IRVINE,INC. ND. GARY L EASE. COUNTY ASSESSOR-CLERK-RECORDER BY: DEPUTY SUBDMSION GUARANTEED BY: FIRST AMERICAN TILE COMPANY OWNERS STATEMEM: SURVEYORS STATEMENT' CITY ENGINEERS STATEMENh WE HEREBY STATE THAT N£ARE THE OWNERS OF WE LAND INCLUDED VAMIN ME I HEREBY STALE THAT I AM A LJLENSED LAND SURVEYOR OF THE STATE OF CAUMBRIA I NEAEBT STALE iHAI�I HgVE EXAMINED ME ANNEXED MAP OF TRACT NO 30054.CON SISTHG OF SU BDM SIGN SHOWN HEREON, qi WE ARE THE ONLY PERSONS VMOSE CONSENT IS pNp THAT THIS MAP CON SISTNG OF TWELVE(12)SHEETS CORRECTLY RECILY REPRESENR A 12 SHEETS:THAT 1 AM SATISFIED THAT BAD MAP IS TECHNICALLY CORRECT, THAT THE SUMANYWON NECESSARY TO PASS CLEAR TITLE TO SAID LAND,THAT NE CONSENT TO ME MAKING VRVEY M.UNDERLAY SVFEANSION%IRNNG.MY,OECD SIT ONN HEREON IS VBSiAN PALLY iNE SAME AS li APPEARED ON THE IENTAPVE MAP AND ANY AND RECORDING OF NIS TRACT MAP AS SHOWN WTHIN THE YXINC LIME BORDER LINE THAT ALL MONUMENTS SHOWN HEREON ACTUALLY EXIST AND THEIR PARTNERS ARE APPROVED ALTERATIONS THEREOF;THAT ALL PROVISIONS OF WE SU901MSON MAP ACT OR ANY S CORRECTLY SHOWN, R WILL BE IN ACCORDANCE MTN THE TERMS OF THE MONUMENT LOCAL ORDINANCES APPLICABLE AT THE TME OF APPROVAL OF ME TENTATIVE MAP HAVE BEEN WE HEREBY DEDICATE TO THE CITY OF PAW SPRINGS FOR PUBLIC USE FOR STREET AND AGREEMENT FOR ME MAP COMPLIED MTH PUBLIC UTUTY PURPOSES.LOT'A',(SUNRISE MY)AS SHOWN HEREON, THE MONUMENTS ALL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED THIS SURVEY IS TRUE AND COMPLETE AS SHOWN WE HEREBY RETAIN LOTS'AA',TE,"CC","DD".-EE,-FF".'AG'.-H11","II:"CE,'KK', 'LL,"MT","TUN',b0.OPP'.ME%"RRY,"SS"AND'T AS INDICATED AS"PRIVATE Q PAID A HARAHAN DATE STREEP FOR PRIVATE USE FOR ME SOLE BENEFIT OF OURSELVES,OUR SUCCESSORS. CITY ENGINEER ASSGNEES AND LOT OWNERS WDIN THS SUBDIVISION MAP. SCE 28931 WE HEREBY DEDICATE i0 PUBLIC USE.THE EASEMENT FOR PUBLIC IJRUTY PURPOSES ExP 3/31/OS NCLUDING SEWERS,µ1TH THE RIGHT OF INGRESS AND EGRESS FOR SIGMAS AND LUEN S W1WAM$LS /03 OgTEEMERGENCY VEHICLES AND PERSONNEL OVER LOTS-AA"."Bd",ACC."00".TE"."FF". LICENSE EXPRES. I2/]1/03'GG'."HH" II,'JJ.rEC%"LL","MAT,"TUN","OC",'PP."CIO",MR'. SS AND"R WE HEREBY DEDICATE TO PUBLIC USE FOR SEWER PURPOSES A STRIP OF LAND TWENTY CITY CLERKS STATEMENT' FEET IN WIDTH AS SHOWN WITHIN LOT 229 AND LOT"V I,PATRICIA A SANDERS,CITY CLERK AND EX-OFFIGD ASSESSOR OF ME Cltt COUNCIL OF THE TAX COLLECTORS CERTIFICATE: CITY OF PALM SPRINGS.STATE OF CALIFORNIA.HEREBY STATE THAT SAID Cltt COUNCIL AT ITS WE HEREBY RETAIN LOTS"B C.'D","E',"F','G",W T. J."K' 'L',"1,'N%M', REGULAR SEEMS HELD ON WE—DAY OF 20M,DULY APPRO ER WE W,"R',X 'T "U',"V",'Yl',"X","Y, 2 I-IV AND"WN'AS LLANDSACPPE I HEREBY CERTIFY THAT ACCORDING TO ME RECORDS OF THIS OFFICE,AS OF THIS DATE, MIN MAP 0.FINAL MAP NO 30054 AND DID ACCEPT ME DEGNATON FOR OBSULC USE OF LOT AND DRAINAGE LOTS FOR OURSELVES.OUR SUCCESSORS,ASSIGNEES AND LOT DANGER THERE ARE NO LIENS AGAINST ME MEAGRE,SHDVA ON ME 111.1 MAP FOR WftAO "A-,(SUNRISE WAY)FOR STREET AND PUBUC UTILITY PURPOSES AND AID ACCEPT LOIS"AA","BB', WHO THIS SUBDIVISION MAP STATE,COUNTY.MUNICIPAL 0.4 LOCAL TAXES OR SPECAL ASSESSMENTS COLLECTED AS 'CC".'DO."EE FT.'"AG','TUN'.'ll,"JJ','KK"."LL','MM","TUN","CIO',-PP-,'00",'RR'.'S5' µE HEREBY RESERVE THE DRAINAGE EASEMENTS AS DESIGNATED HEREON FOR ME BENEFIT NET TAXESIT PAYABLE.EXCEPT WHICH ARE BERATED TO BE ES OR SPECIAL ASSESSMENTS LO LLFC1Ep AS TAXES NOW A LIEN,BUT AND'R"AS AN EASEMENT FOR PUBUC UTILITY PURPOSES INCLUDING SEWERS,WITH ME RIGHT OF S INGRESS AND EGRESS FOP.SERVILE AND EMERGENCY VEHICLES ANC PERSONNEL,AND DID ACCEPT OG OURSELVES.OUR SU[CESSCRS ASSIGNEES AND LOT OWNERS MTHIN THIS sUd AINSION ON BEHALF OF THE CUTUP ME TWENTY FOOT SEµ£R EASEMENT WITHIN LOT GONE AND LOT"V MAP CAUL MLDON N ELL COUNTY TAX COLLECTOR BY DEPUTY AT. DATED CITY CLERK AND CITY FILIo MASSESSORPRING OF ME R IA K.HOVNpNIAN'S FOUR SEASONS AT PALM SPRINGS, MC. OWNER. COUNCIL X ME SANDERS OF PALM SPRINGS,CALIFORNIA PAMICIA A SANDERS I HER E BONG CY THAT A BON BY BY EREBY CERTIFY THAT q BOLO IN ME SUM OF f�HAS BEEN EXEN LED AND P. SIGNATURE OMISSIONS: NAME A DAMON OREGON NAME µPO THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE,CALIFORNIA CONOIT OWED PURSUANT i0 ME DECISIONS OF SECTION 66 Dfi o UPON THE PAYMENT OF ALL TAXES.STATE,COUNTY,MUNICIPAL OR LOCAL,AND ALL SPECIAL PURSUANT OF ME ECISIONG OWNERS OF FASEMEN(TS(AND OR E SUBDIVISION MAP ACT WE TITLE ANMO41ZEp AGENT TTIE ASSESSMENTS COLLECTED AS TAXES.MICH AT THE TAE CC FUNG OF THIS MAP AM THE / OTHER&iERE5T5 HAVE BEEN COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY RUT NOT YET PAYABLE END SAT➢ AHMTLEO,WEIR MTEBESTS SAW,SUCH WAR,G.RIPEN INTO A FEE BOND HAS BEEN DULY APPROVED BY THE SAID BOARD OF SUPERVENED CALIFORNIA ELECTRIC POWER COMPANY AND CALIFORNIA WATER AND TELEPHONE COMPANY,HOLDER NOTARY ACKNOWLEDGMENT OF EASEMENTS FOR FJWER OR BOTH POLE LINES,CONOU17S OR UNDERGROUND FACILITIES AND DA cD .2003 INCIDENTAL PURPOSES RECORDED MAY 16,1956,IN BOOK 2272.PACE MR ADD AN EASEMENT FOR CASH TAX BOND PUBLIC UTILITIES AND INCIDFATAL PURPOSES RECORDED JULY 3,1956.IN BOOK 2296,PAGE 469, STATE OF CALIFORNIA ) NANCY ROMERO PAVL MCDDNNELL ALL OF OFFICIAL RECORDS (THE FORMER EASEMENT UES W.MIN ME RIGHT OF WAY OF SUNRISE )SS COUNTY OF I CLERK OF THE BOARD OF SUPERVISORS COUNTY TA%COLLECTOR WAY) ON BEFORE ME A SOUTHERN CALIFORNIA SES EOISON COMPANY,HOLDER OF AN INSTRUMENT FOR PUBLIC UTU OF AND NOTARY PUBLIC IN AND FOR$NO STATE PERSONALLY APPEARED BY BT RECORDS PURPOSES RECORDED WE RIGHT 1,196I, OF INSTRUMENT NO 105I55 OF OFFICIAL AND PERSONALLY KNDYN TO ME(OR BROAD i0 ME DEPUTY pEPUtt RECORDS (EASEMENT UES NiM IN ME RIGHT OF WAY OF SIINflISE WAY) ON THE BAEIS OF SATSFACTLRY EVIDENCE)TO BE ME RENEWED)MORE NAMES)IS/PPE WE CITY OF PALM SPRINGS,HOLDER OF EASEMENTS FOR SWEETS.HIGHWAYS,PUBUC LIMITED SUBSCRIBED TO WE WITHIN INSTRUMENT AND ACKNOAJYO A TO ME THAT HE/SHE/MEY AND INCIDENTAL PURPOYS RECORDED OCTOBER 1Q ISM,AS WHS RUARCH WO SPAIN AM EXECUTED WE SAME IN HRj`CRAWDG AUTHOP.IVED CAPPCITY(IES),AND WAT BY HIS/ RECORDED OCTOBER 21,1960,AS INSTRUMENT NO 101141,BOW OF OFFICIAL RECORDS OF R11 CHIR WEUARELES))O AC1E ME I STRUVTEDT WE NSTROMN(S) OR ENTITY UPON BEHALF (EASEMENTS LIE MTHIN ME NGHT OF WAY OF SUNRISE WAY) .1 E55 MY HANU ROBERT L AUSTIN.HOLDER OF AN EASEMENT FOR INGRESS.EGRESS AND INCIDENTAL PURPOSES SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS RECORDED APRIL T,1070,AS INSTRUMENT NO 32377 OF OFFICIAL RECORDS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY HARRY F TABLES.HOLDER OF AN EASEMENT FOR ROAD,UTWtt CAT INCDENTAL PURPOSES MY COMMISSION EXPIRES RECORDED JANUARY I],1961,AS INSTRUMENT NO 3157 OF OFFICIAL RECORDS (EASEMENT LIES (NAME PRINTED) VATHIN ME RIGHT OF WAY OF SUNRISE WAY). DESERT WATER AGENCY,HOLDER OF AN EASEMENT FOR ACCESS,INGRESS,EGRESS AND INCIDENTAL PURPOSES RECORDED MARCH 22.2002 As INSTRUMENT NO 2002-1486<9,BLANKET IN NATURE DYER THAT PORTON OF SUBJECT PROPERTY LYING WITHIN WE FILTHIEST QUARTER OF SADLER 36.AND HOLDER OF AN EASEMENT FOR ACCESS,INGRESS.EGRESS,WATER PRELIl6_5 AND INCIDENTAL PURPOSES RECORDED MARCH 22,GOES,AS INSTRUMENT NO 2002-198650,BOW OF OFFICIAL RECORDS SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and K. HOVNANIAN'S FOUR SEASONS AT PALM SPRINGS, LLC A CALIFORNIA LIMITED LIABILITY COMPANY TABLE OF CONTENTS 1.Construction Obligations........................................................... 1 1.1 Works of Improvement........................................... 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval......................................... 2 1.3 Intent of Plans........................................................ 2 1.4 Survey Monuments................................................ 2 1.5 Performance of Work.............................................. 2 1.6 Changes in the Work........................................ 2 1.7 Defective Work....................................................... 3 1.8 No Warranty by City-.................. ......................... 3 1.9 Authority of the City Engineer................................ 3 1.10 Documents Available at the Site............................ 3 1.11 Inspection............................................................... 3 1.12 Compliance with Law....................-...................... 3 1.13 Suspension of Work............................................... 3 1.14 Final Acceptance of Works of Improvement........... 4 2. Time for Performance....................................................... 4 2.1 Commencement and Completion Dates................. 4 2.2 Phasing Requirements............................................ 4 2.3 Force Majeure......................................................... 5 2.4 Continuous Work.................................................... 5 2.5 Reversion to Acreage.............................................. 5 2.6 Time of the Essence................................................ 5 3. Labor................................................................................. 5 3.1 Labor Standards...................................................... 5 3.2 Nondiscrimination................................................... 5 3.3 Licensed Contractors.............................................. 5 3.4 Workers' Compensation.......................................... 6 4. Security............................................................................. 6 4.1 Required Security.................................................... 6 4.2 Form of Security Instruments.................................. 6 4.3 Subdivider's Liability................................................ 7 4.4 Letters of Credit....................................................... 7 4.5 Release of Security Instruments.............................. 8 5. Cost of Construction and Provision of Inspection Service............................................................................... 8 5.1 Subdivider Responsible for All Related Costs of Construction............................................................ 8 5.2 Payment to City for Cost of Related Inspection L;-, l / 'V and Engineering Services........................................ 8 6. Acceptance of Offers of Dedication................................... 9 7. Warranty of Work.............................................................. 9 8. Default............................................................................... 9 8.1 Remedies Not Exclusive.......................................... 9 8.2 City Right to Perform Work...................................... 9 8.3 Attorney's Fees and Costs....................................... 9 9. Indemnity.......................................................................... 10 10 General Provisions............................................................. 10 10.1 Successors and Assigns......................................... 10 10.2 No Third Party Beneficiaries.................................... 10 10.3 Entire Agreement; Waivers and Amendments....... 10 11. Corporate Authority........................................................... 10 ii c� lhS SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this _day of , 2003, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and K. Hovnanian's Four Seasons at 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 No. 30054 in the City of Palm Springs, County of Riverside, State of California (the "Property"). The map contains conditions of approval for the development of the Property (the "Conditions"). B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City of Palm Springs for public use for street and public utility purposes Lot "A" (Sunrise Way); dedication to public use the easement for public utility purposes including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over Lots "AX, `BB", "CC", "DID", "EE", "FF", "GG", "HH", "II", "JX, XW, "LL", "MM", "NN", "00", "PP", "QQ", "RR", "SS", and "TT'; and dedication to public use for sewer purposes a strip of land twenty feet in width as shown within Lot 228 and Lot "V". 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. t � L 14 1. Construction Obligations. 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements(herein sometimes collectively referred to as the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is $5,900,000.00. 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 "A" 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). 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 2 , /T 17 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 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 orwork 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. It items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement third (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 4 ,140 requirements associated with the development of the Property have not been completed to his satisfaction. 2.3 Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement(or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty(30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor. 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 5 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 subcontractorto submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"): (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $5,900,000.00 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 $2,950,000.00 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 $80 000.00 equal to 100% of the cost thereof. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of$885,000.00 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 6 �ZcA - it surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858.Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, Irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty(30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all SecurityInstruments. (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 maybe 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 7 less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty(30)days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii)Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its 8 P, IAI/ 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. 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both,the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its 9 Y 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 sha01 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 wilful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement: Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. 10 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 Patricia A. Sanders, City Clerk David Ready, City Manager RECOMMENDED BY: City Engineer SUBDIVIDER: K. Hovnanian's Four Seasons at Palm Springs, LLC, a California Limited Liability Company (Check One: _ individual, _partnership, X corporation) By: Signature By: Name and Title Mailing Address: 2495 Campus Drive Irvine, CA 92612 tt C;2 ALL-PURPOSE ACKNOWLEDGMENT State of CAPACITY CLAIMED BY SIGNER County of ❑ INDIVIDUAL(S) ❑ CORPORATE On before me, OFFICER(S) Date Name, Title of Officer TITLE(S) personally appeared ❑ PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ personally known to me -OR - ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ proved to me on the basis of satisfactory evidence to be the persons(s) whose name(s) ❑ OTHER is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/then signature(s) on the instrument the persons)or the entity upon behalf of which the persons(s)acted,executed the instrument. SIGNER IS REPRESENTING: Witness my hand and official seal. 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: Si uer(s) Other Than Named Above EXHIBIT "A" TENTATIVE TRACT MAP 30054 CONDITIONS OF APPROVAL EXHIBIT A CASE 5.0866-PD APPROVED BY pPL$N QREWIWIINARY PLANNED DEVELOPMENT DISTRICT (PD#267) 1 TENTATIVE TRACT MAP 30054 $T,W3� 04Sk Dateh' `d "EitI RNER SUNRISE WAY AND SAN RAFAEL DRIVE APPROVED BY CITY COUNCIL 3600 NORTH SUNRISE WAY ,; oWof ' fD-L61 �.A„ THE BURNETT COMPANIES ease # 6;4 j5+9te�� lnitlaf�/ Ordinance ---REVISED CONDITIONS OF APPROVAL 4a�saluYion �`- - — APPROVAL SUBJECT TO ALL 4;C(.WR r, January 15, 2003 'MNOITIONS RY A4t?O11G 10:.S" Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING 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. 1a. 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 5.0866-PD 267 and TTM 30054. 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 matterwithout the applicant's consent but should it do so, the City shall waive further indemnification hereunder, 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. 2. If, within two (2) years after the date of approval by the City Council of the preliminary development plan, the final development plan, as indicated in Section 94,03.00(I), has not been approved bythe planning commission,the procedures and actions which have taken place up to that time shall be null and void and the planned development district shall expire. Extensions of time may be allowed for good cause. } 3. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final construction plans shall include site plans, building elevations, floor plans, roof plans,fence plans, entry plans, landscape plans, irrigation plans, exterior lighting plans, sign program, site cross sections, property development standards, street improvement plans and other such documents as required by the Planning Commission. Final construction plans shall be submitted within two years of the Planning Commission approval. 4. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's') to the Director of Planning and Building for approval in a form to be approved by the City Attorney,to be recorded prior to issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances.The applicant shall submit to the City of Palm Springs, a deposit in the amount of$5,000 for the review of the CC&R's by the City Attorney. 5. The project shall be developed in two phases. A. Phase 1 shall include completion of the specific requirements of the subdivision including all street improvements, and all off-site improvements. These improvement shall include improvements of Sunrise Way. B. Phase 2 shall include the residences and on site amenities, including tot lots, pools spas and other passive and active recreation areas. Phasing of amenities shall be concurrent with construction of adjacent residential units. Phase 2 includes site plans, roof plans, floor plans, exterior building elevations, landscape plans (front yards only), irrigation plans exterior lighting plans, etc., for all single family residences. 6. Final landscaping, irrigation, exterior lighting,and fencing plans for each phase shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit/construction permits. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. A substantial windbreak shall be provided in the rear yards along the northern and eastern project perimeters, using trees and shrubs. The windbreak shall be installed as residential phases are developed. 7. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 8. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. 9. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening ,2( as 10. No exterior down spouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 11. IThe design, height,texture and color of building(s),fences and walls shall be submitted for review and approval prior to issuance of building permits. 12. The street address numbering/lettering shall not exceed eight inches in height. 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 & Building prior to the issuance of building permits. Manufacturers cut sheets of all exterior lighting shall be submitted to and approved by the Director of Planning and Building prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 14. The detention basins shall be fully landscaped and designed to provide passive recreation opportunities, to the extent possible. 15. Plans meeting City standards for approval on the proposed trash and recyclable materials enclosure shall be submitted prior to issuance of a building permit. For single family residences, cans must be located with 50'of the street. For the common areas, trash enclosures shall be required in each recreation area. 16. Details of pool fencing(materials and color)and equipment area shall be submitted with final landscape plan. 17. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed pool structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 18. Common areas pool use shall be prohibited between the hours of 10 pm to 7 am. 19. The maximum building height shall be 24'.A maximum of 25%of the units (70) may be two-story. 20. The windows of the second story units shall be oriented away from the living space of adjoining areas. 21. Two-story units shalt be located a minimum of 200' from the existing adjacent R-1-C residences to the south. All two-story units shall be located so that they are not located on the southern or western perimeter of the planned development and are prohibited adjacent to Sunrise Way (lots #47-73), and adjacent to existing development to the south (lots # 78-83, or with alternative entry plan lots#72-75 and 78). 22. The entry plan for both project entries shall be refined to provide adequate improvements and provide additional details as part of the Final Planned Development plans. 23. Front yards shall be fully landscaped prior to issuance of a certificate of occupancy. The developer shall be responsible for completed front yard landscape, irrigation and exterior lighting plans. In addition, rear and side yards shall be landscaped within 90 days of occupancy per the CC&R's. The HOA will be responsible for enforcement of this requirement. 24. The project shall incorporate decorative safety lighting at all Sunrise Way entries. 25. Entry gate areas shall have decorative safety lighting. 26. Project setbacks shall be as follows: Front yard setback - 5' for side entry garages and residence; 20' for front loaded garages; Side yard setback- 5'; and Rear yard setback- 15'. 27. The minimum house size shall be 1,650 square feet, with a mix of housing sizes up to 2,700 square feet. Larger residences may be permitted as long as the building footprint is consistent with setback and lot coverage requirements. 28. All proposed single family residences shall be submitted for Planning Commission approval, subject to Condition #3. A fee to $225 per typical model shall be paid upon submission of final development plans. 29. The maximum lot coverage shall be 45% of the net lot area. 30. Final wall plans shall be required as part of the Final Development Plans.All walls shall be decorative. Perimeter walls along Sunrise Way may be constructed on a berm a maximum of one foot(1') high and shall be six feet (6') in height. Walls along the north and east perimeter of the site with a maximum height of seven feet (T) shall be permitted. MITIGATION MEASURES 1 Cut and fill quantities will be balanced onsite. 2 Any construction equipment using direct internal combustion engines shall use a diesel fuel with a maximum of 0.05 percent sulfur and a four-degree retard. 3 Construction operations affecting offsite roadways shall be scheduled by implementing traffic hours and shall minimize obstruction of through-traffic lanes. 4 The use of energy efficient street lighting and parking lot lighting (high pressure sodium, vapor lights)shall be considered onsite to reduce emissions at the power plant serving the site. 5 Remove sand and repair any damages to surrounding properties caused by sand and wind erosion. 6 Project grading shall be phased consistent with the development phases for the project. This grading requirement shall be verified by the City Building Official prior to the issuance of grading permits. 7 The project applicant shall pay its fair share financial contribution to implement a traffic signal at the intersection of San Rafael Drive and Sunrise Way. The fair share contribution shall be determined by the City Engineer. Payment of the required fees shall be made prior to issuance of grading permits, and shall be verified by the Director of Planning and Building. 8 The street improvement plans for the proposed project shall include appropriate markings in the east-west direction through the intersection of San Rafael Drive and Sunrise Way to provide additional guidance to drivers. Incorporation of these traffic mitigation features shall be verified by the City Engineer prior to approval of street improvement plans. 10 All construction vehicles or equipment, fixed or mobile, operated within 1,000 feet of a dwelling shall be equipped with properly operating and maintained mufflers. This requirement shall be shall be included on the contractor specifications and shall be verified by the Building Official. 11 Stockpiling and/or vehicle staging areas shall be located onsite and as far as practical from sensitive noise receptors, i.e., residential areas. This requirement shall be shall be included on the contractor specifications and shall be verified by the Building Official. 12. The proposed project includes the implementation of a landscape plan as conceptually depicted on Exhibit 5. The landscape concept includes drought-tolerant plants for landscaping and turf areas would be limited to areas to be used for active recreation. The final landscape plan shall be reviewed and approved by the Director of Planning and Building. BUILDING 1. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. -1 �� 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. NORTH SUNRISE WAY 3. Dedicate an additional right-of-way of 10 feet to provide the ultimate half-street width of 50 feet from the southerly line of APN 669-480-007 to 669-470-013 along the entire frontage. 4. Dedicate an additional right-of-way of 50 feet to provide the ultimate half-street width of 50 feet adjacent to APN 669-470-012 along the entire frontage. 5. Dedicate a 20 feet wide easement for sidewalk and bikepath purposes along the entire project frontage. 6. Developer shall apply for the vacation of North Sunrise Way (80 feet wide) for that portion of North Sunrise Way right-of-way within the project. Developer shall be responsible for final resolution of all utilities, demolition of all existing improvements, reconstruction of affected intersecting streets and coordination of improvements with adjacent property owners, if applicable, for the street vacation. All agreements and improvement plans relative to the above mentioned items shall be approved by the City Engineer prior to the submittal of the street improvement plans. 7. The main entrance to the project shall match with the proposed entrance to Tentative Tract Map 30058 on the west side of North Sunrise Way. 8. Remove the existing curb and gutter, curb returns, spandrels, and cross-gutters along the entire project frontage. 9. Construct an 8 inch curb and gutter,43 feet east of centerline along the entire frontage, with 35 feet radius curb returns and spandrels on both sides of the Golden Sands Entry and "H" Street Main Entry in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 10. Construct an 8 feet wide cross-gutter at the intersection of North Sunrise Way and the Golden Sands Entry and "H"Street Main Entry with a flow line parallel with and 43 feet east of the centerline of North Sunrise Way in accordance with City of Palm Springs Standard Drawing No. 200. a1 � � y 11. Construct a 10 feet wide meandering combination sidewalk and bicycle path along the entire project frontage. The construction shall be with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. The concrete shall receive a broom finish. 12. Construct a Type A curb ramp meeting current California State Accessibility standards on both sides of the Golden Sands Entry and "H"Street Main Entry in accordance with City of Palm Springs Standard Drawing No. 212. 13. Construct a 14-feet wide landscaped, raised median island as specified by the City Engineer along the entire project frontage. Provide left turn pockets, as required, at all intersections. The length of the turn pockets shall be determined in accordance with Caltrans Highway Design Manual and be approved by the City Engineer. 14. Construct a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal,from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. The pavement section shall be designed, using "R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 15. Construct a temporary cul-de-sac or turn-around acceptable to the City Engineer and Fire Chief north of the Main Entry., ON-SITE (PRIVATE) STREETS 16. Dedicate an easement of varying width, (50, 56, or 80 feet wide) and extending to back of curb or sidewalk adjacent to and within street"knuckles" and cul-de-sacs, for sewer and public utility purposes with right of ingress and egress over the private streets to the City of Palm Springs. 17. The following requirements for a gated entry shall be met to provide adequate setbacks and turning movements for vehicles entering the project: A. Provide a minimum 50 foot setback measured from the face of curb to the gate access control mechanism. B. Provide a turnaround after the mechanism for vehicles unable to enter the project C. The main gated entry, as shown in Section "D"-"D" on the Tentative Map, and the two gated entries off of Golden Sands shall be revised to provide a 20 feet wide entrance and separate exit. The entry security gate shall provide a minimum of 20 feet clear width for emergency vehicle access. 18. Construct all cul-de-sacs with a minimum curb radius of 43 feet throughout the cul-de- sac bulb. 19. Construct all street "knuckles" in accordance with City of Palm Springs Standard Drawing No. 104. 20. The following traffic calming devices shall be incorporated into the on-site streets: Narrowed pavement "chokers" shall be provided on "C" Street between "D" and "E" Streets,on"I"Street between"J"and"K"Streets,and on"M"Street between"P"and"Q" Streets, as approved by the City Engineer. Chokers shall be designed with a transition using 25 feet radius reverse curves and a 50 to 100 feet long, 24 feet wide (12 feet each side of centerline) narrowed travel way. The narrowed travel way shall be constructed with a colored or decorative Portland cement concrete section 6 inches thick as approved by the City Engineer. A traffic circle shall be provided at the intersection of"C", "H" and "I" Streets, and the intersection of"I", "K" and "M" Streets. The traffic circle shall be designed using a 27 feet radius island and a 20 feet wide travel way around the traffic circle. The travel way throughout the traffic circle shall be constructed with a colored or decorative Portland cement concrete section 6 inches thick as approved by the City Engineer. "H" STREET 21. Construct a 6 inch curb and gutter 30 feet either side of centerline with a 20 feet wide raised landscaped median, from North Sunrise Way to the gated entry, together with a raised circular landscaped island, in accordance with City of Palm Springs Standard Drawing No, 200. 22. Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal,within all paved areas. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. GOLDEN SANDS ENTRY 23. The property owner(developer) shall prepare a reciprocal access agreement with the owner(s), master lessor/lessee and all sub-leases that may existing within the Golden Sands Mobile Home Park in a form acceptable to the City Attorney. A private access easement shall be prepared in a form acceptable to the City Attorney for access from North Sunrise Way through the development for all residents within the Golden Sands Mobile Home Park. The access agreement and easement shall be submitted prior to issuance of a grading permit. The easement shall be shown on the Final Map or recorded as a separate document prior to approval of the Final Map. 24. The alternate entry configuration for Golden Sands shall be required, such that the Golden Sands Entry more directly accesses the North Sunrise Way/San Rafael Drive intersection, as recommended by the traffic study for this development prepared by Wildan, dated August 2001. 25. Construct 6 inch curb and gutter, 18 feet either side of centerline along the entire frontage, with turn-out area and raised islands at the gated entries as shown on the tentative map, in accordance with City of Palm Springs Standard Drawing No. 200, 26. The gated entries shall be revised to provide a minimum 20 feet wide clearance for emergency vehicle access. 27. Construct a 5 feet wide sidewalk behind the curb along both sides of the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 28. Construct a minimum pavement section of 2-1/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, within all paved areas in accordance with City of Palm Springs Standard Drawing No. 110 and 300.The pavement section shall be designed, using"R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. ALL OTHER ON-SITE (PRIVATE) STREETS 29. Construct 6 inch curb and gutter, 18 feet both sides of centerline along all on-site street frontages, with 25 feet radius curb returns and spandrels (where required) at intersecting on-site streets in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 30. Construct 6 feet wide cross-gutters at all intersections (where required)with a flow line parallel with and 18 feet from the centerline of the intersecting street, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 31. Construct minimum 10 feet wide driveway approaches in accordance with City of Palm Springs Standard Drawing No. 201. 32. Construct a 5 feet wide sidewalk behind the curb along both sides of the entire on-site street frontages in accordance with City of Palm Springs Standard Drawing No. 210. The typical 50 feet wide interior street section, as shown in Sections "B" -"B" and "E" - "E" on the Tentative Map shall be revised to indicate construction of a 5 feet wide sidewalk along both sides of interior street sections. 33. Construct Type A curb ramps meeting current California State Accessibility standards at all intersections of the subject property in accordance with City of Palm Springs Standard Drawing No. 212. 34. Construct Type B curb ramps meeting current California State Accessibility standards across from all cul-de-sac intersections in accordance with City of Palm Springs Standard Drawing No. 213. Alternatively, driveway approaches may be located opposite cul-de-sac intersections. 35. Construct a minimum pavement section of 2-1/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, within all paved areas in accordance with City of Palm Springs Standard Drawing No. 110 and 300. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 36. Dedicate an easement 30 feet wide to the City of Palm Springs for sewer purposes across Lot N. 37. Obtain an easement 30 feet wide to the City of Palm Springs for sewer purposes across those portions of off-site property identified by APN 501-241-022 (Lot 111 of Desert Park Estates No. 12) and APN 501-190-011 and 669-490-001 (Palm Springs Country Club golf course). 38. Construct 8 inch sewer mains within all on-site streets and connect to the existing sewer main located in North Sunrise Way. at - aI 39. Construct an 8 inch sewer main across off-site property identified byAPN 501-241-022 (Lot 111 of Desert Park Estates No. 12)and APN 501-190-011 and 669-490-001 (Palm Springs Country Club golf course) to connect to the existing sewer main located in Farrell Drive. 40. All sewer mains constructed by the developer and to become part of the City sewer system shall be televised by the developer prior to acceptance of said lines. 41. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following: A. Copy of signed Conditions of Approval from Planning Department. B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. GRADING 42. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 43. Submit a Grading Plan prepared by a Registered Civil Engineer to the Engineering Department for review and approval. The Grading plan shall be submitted to the Planning Department for approval to submit for plan check prior to submittal to the Engineering Department. A PM 10 (dust control) Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Planning Department approval to submit for plan check. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Tentative Map stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report. F. Copy of Hydrology Study/Report. G. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 760-346-7491) to the City Engineer prior to issuance of the grading permit. J1 h � 44. Obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board(Phone No.760-346-7491)and provide a copy of same,when executed, to the City Engineer prior to issuance of the grading permit. 45. Drainage swales shall be provided adjacent to all curbs and sidewalks -T wide and 6" deep to keep nuisance water from entering the public streets, roadways, or gutters. 46. In accordance with City of Palm Springs Municipal Code;Section 8.50.00,the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 47. A soils report prepared by a licensed Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site.A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 48. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 49. 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)or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208). DRAINAGE 50. Accept all stormwater runoff passing through and falling onto the site and conduct this runoff to approved drainage structures as described in the Hydrology Analysis for Tentative Tract Map No. 30054, prepared by Hunsaker&Associates, dated March 12, 2001. The Hydrology Analysis shall be amended to reflect revisions to the original tentative tract map, and shall include catch basin sizing, storm drain pipe sizing, and retention/detention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. 51. Submit storm drain improvement plans to be reviewed and approved by the City Engineer. 52. Submit storm drain improvement plans,forthat portion of the proposed system to outlet into the Whitewater River Channel, to the Riverside County Flood Control and Water Conservation District (RCFC) for their review and approval. The developer shall be responsible for obtaining all required RCFC permits for construction of storm drain improvements within RCFC jurisdiction. 53. The developer shall be responsible for construction of drainage improvements, including but not limited to retention/detention basins, catch basins, storm drain lines, and outlet structures, as required by the Hydrology Analysis (to be revised) and as approved by the City Engineer. ;z DA 54. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511.00 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 55. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch in accordance with City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 56. All existing utility lines that are.less than 35 kV on or adjacent to this project shall be relocated underground. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility company(s) that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of a certificate of occupancy. 57. All proposed utility lines shall be installed underground. 58. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 59. The original grading, street, storm drainage, and other improvement plans approved by the City Engineer shall be documented with record drawing "as-built" information and returned to the Engineering Department prior to issuance of the certificate o1 occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 60. 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 93.02.00 D. 61. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. MAP 62. The Title Report prepared for subdivision guarantee of the subject property,the traverse closures for the existing parcels and all lots created therefrom, and copies of record documents shall be submitted with the first draft of the Final Map to the Engineering Department for review and approval. 63. A Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review and approval. The Final Map shall be approved by the City Council prior to issuance of building permits. TRAFFIC � l �- 76 � 64, The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk orshall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the North Sunrise Way and on-site street frontages of the subject property. 65. Install street name signs at each intersection in accordance with City of Palm Springs Standard Drawing No. 620-625. 66. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be installed in accordance with City of Palm Springs Standard Drawing No. 620-625 at the following locations: "H" Street at North Sunrise Way exit "D", "E", "F", and "G" Streets for vehicles entering "C" Street "C", "H", and "I" Streets (3-way stop) "ill and "K" Streets for vehicles entering "I" Street "L", "N", "O", "P", "Q", "R", "S" and "T" Streets for vehicles entering "M" Street 67. Install a traffic signal at the North Sunrise Way and San Rafael Road intersection. East- west approaches shall be split-phased. A traffic signal plan prepared by a registered civil or traffic engineer shall be submitted to the Engineering Department for review and approval. The traffic signal shall be installed and operational prior to release of the 50th certificate of occupancy for this project. The developer may enter into a reimbursement agreement with the City of Palm Springs for reimbursement of a maximum of 40% of the cost of the traffic signal construction, and shall receive reimbursement as the owner(s) of Tentative Tract Map 3b058 develop and post payment for their fair share contribution towards its installation. The fair share contribution of 60% associated with this development is determined by the Traffic Study prepared by Wildan, dated August 2001. 68. The developer shall replace all damaged or destroyed traffic control devices and provide any new traffic control devices required by the City Engineer on North Sunrise Way adjacent to this project. 69. Golden Sands Street shall be striped to provide one combination left-through lane and a separate right turn lane (westbound) with "cat tracking" through the Sunrise Way intersection. 70. The developer shall install a 9,500 lumen high pressure sodium vapor safety street light with glare shield on a marbelite pole on the northeast corner of North Sunrise Way and "H" Street (Main Entry) with the mast arm over North Sunrise Way. The pole and luminaire shall be furnished by the developer. 71. 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. 72. This property is subject to the Transportation Uniform Mitigation Fee based on the Residential Single Family Detached and Mulit-family ITE Code B land use. FIRE 1. Construction Requirements: All Construction shall be in accordance with the 1998 California Fire Code,the 1997 Uniform Building Code, City of Palm Springs Engineering requirements, City of Palm Springs Fire Protection Plan, Vol II, City of Palm Springs Ordinance 1570, Desert Water Agency specifications, NFPA Standards plus UL and CSFM listings. 2. Streets and Fire Lanes: Street construction, widths, turning radius' and cul-de-sacs shall be constructed in accordance with the 1998 California Fire Code,Article 9, City of Palm Springs engineering standards, 1997 California Building Code, and Palm Springs Ordinance 1570. 3. Fire Department Access: Minimum Fire Lane width shall be 20' unobstructed per the 1998 California Fire Code, Article 9. Vertical clearance shall not be less than 146". 4. Emergency access Gate Width: Minimum gate width shall be 14' unobstructed. 5. Second Fire Apparatus Access Gate: Provide Fire Department access gate at East end of project. 6. Construction Site Fencing Required: Construction site fencing required for new construction over 5,000 SF. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows or until the Fire Marshall deems necessary. Provide 14'wide access gates equipped with changeable chains and locks. 7. Construction Site Guard: Constriction site guard required for new construction over 5,000 SF per City of Palm Springs Ordinance 1570. Guard to remain on duty 24 hours a day, 7 days per week, as determined by the fire marshal. 8. Turning Radius: The outside turning radius of fire apparatus roads and Cul-de-sac streets shall be at least 43' from centerline, inside turning radius required is 30' from centerline per the 1998 California Fire Code, Article 9 and City of Palm Springs Ordinance 1570. 9. Complex Gate Locking Devices: Complex gate(s)) shall be equipped with a KNOX locking device per the 1998 California Fire Code. Contact this office for a KNOX application form as soon as possible. 10. Fire Hydrants, Water Systems and Standpipes: Fire hydrants shall be installed per NFPA standards, plus 1998 California Fire Code and DWA standards. Where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants and standpipes or combinations thereof located as directed by this office, but not laterthan the time when combustible materials are delivered to the construction site. 11. Water Agency Construction Specifications: All water mains, fire hydrants and devices shall be installed in accordance with Desert Water Agency specifications and standards. 12. Mandatory Fire Sprinklers: Automatic Fire Sprinkler System with 24 hours monitoring is required per City of Palm Springs Fire Protection Master Plan Vol. II and City of Palm Springs Ordinance 1570. o2.f �j 13. Fire Sprinkler Installation: Fire sprinklers shall be designed and installed per NFPA 13 and 13D (Modified) by a state licensed C-16 Fire Sprinkler Contractor. 14. Further Comments: Further comments as conditions warrant. « � RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP NO. 30054 FOR PROPERTY LOCATED AT 3600 N. SUNRISE WAY, IN SECTION 36, TOWNSHIP 3 SOUTH, RANGE 4 EAST WHEREAS the Planning Commission, at its meeting of January 8, 2003, recommended approval of Tentative Tract Map No. 30054 requested by Hunsaker and Associates Irvine, Inc., representing K. Hovnanian's Four Seasons at Palm Springs, LLC, a California Limited Liability Company, for the above described property; and WHEREAS the City Council at its meeting of January 15, 2003, approved Tentative Tract Map No. 30054 subject to conditions; and WHEREAS the owner offers for dedication to the City of Palm Springs for public use for street and public utility purposes Lot "A" (Sunrise Way); dedication to public use the easement for public utility purposes including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over Lots "AA", "BB", "CC", "DD", "EE", "FF", "GG", "HH", "II", "JJ", "KK", "LL", "MM", "NN", "005', "PP", "QQ", "RR", "SS", and "TT"; and dedication to public use for sewer purposes a strip of land twenty feet in width as shown within Lot 228 and Lot "V". NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs as follows: 1. That Final Map No. 30054 is in substantial conformance with approved Tentative Tract Map No. 30054; and 2. That requisite conditions associated with Tentative Tract Map No. 30054 have been satisfied; and 3. That Final Map No. 30054 is in conformance with the General Plan; and 4. That Final Map No. 30054 conforms to all requirements of the Subdivision Map Act of the State of California; and 5. That the offers of dedication to the public on Final Map No. 30054 shall be accepted by the City Clerk of the City of Palm Springs; and 6. That the City Manager is hereby authorized to enter into a Subdivision Improvement Agreement with the subdivider and to accept subdivision improvement security in conformance with the requirements therein for construction of required public improvements; and 7. That the City Clerk shall cause to have recorded with the Riverside County Recorder the Subdivision Improvement Agreement; and 8. That Final Map No. 30054 is hereby approved for purposes therein defined. ADOPTED this 17" day of December, 2003. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager �, f n REVIEWED &APPROVED AS TO FORM: �` " 4,,� IN THE CITY OF PALM SPRINGS),COUNTY OF RIVERSIDE,STATE OF CALIFORNIA SHEET 2 OF 12 SHEETS TRACT NO. 30054 SEE SHEET t2 FOR BASIS OF BEARINGS, BEIND A SUBDIVISION OF PORTIONS OF THE SOUTHWEST QUARTER AND THE DATUM STATEMENT,MONUMENT NOTES SOUTHEAST OVARTER OF SECTION 3B,TOWNSHIP 3 SOUTH,RANGE 4 EAST,SAN AND BOUNDARY SURVEY MAP. BERNARDINO BASE AND MERIDIAN ACCORDING TO THE OFFICIAL PLAT THEREOF. EASEMENT NOTES RORY 5,WILLIAMS,L.S.8854 DATE OF SURVEY: JULY,2003 OO Icx oa+ru THEEME I:'F:Q`MEMEMM I AISRI AS AM PAMI pnH A D.D71T NOTES: HUNSAKER AND ASSOCIATES IRVINE,INC. pxcwpW APRIL z.RIM,As IxsIRYNAT MR I.,AREA.MD.. Lpl 225 IS FOR pE[flEAnON[ENSP PpRPONERL O w1DAT,,AN R6EEi0. 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D Ab fi� xe>.a.W, noe SFW IS .. xA,'11'b'w b IOR IPPIVAff 50iEE1) „g 1'rS J�]>' LOT Y 003 AC ] a 67 a a HOTtq SPRINGS WAY sF?g" "` b15' R0. 6wOSR 2 Aoki Xi94no'w II>vv SEE SHEET 9 IN THE CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE,STATE OF CAUFORNIA SHEET 9 OF 12 SHEETS NOTESSEE ANDEET EASEMENT INDEX NOTES TRACT NO. 30054 NOTES AND SHEET INDEX MAP. SEE SHEEP 12 FOR BASIS OF BEARINGS DATUM STATEMENT, BEING A SUBDIVISION OF PORTIONS OF THE SOUTHWEST QUARTER AND THE MONUMENT NOTES AND BOUNDARY SOUTHEAST QUARTER OF SECTION 35,TOWNSHIP 3 SOUTH,RANGE 4 EAST,SAN SURVEY MAP. BERNARDINO BASE AND MERIDIAN,ACCORDING TO THE OFFICIAL PUT THEREOF. RORY S.WILLIAMS,LS.6654 DATE OF SURVEY: JULY,2003 HUNSAKER AND ASSOCIATES IRVINE,INC. SEE SHEET 8 (PRIVATE sIgEE'f) �^D 4�8p 0. Ne^•ef'W, 16,, xe9vno'w als Us dP�vS <•iez�?S>� s; n OT SPRINGS WAY a'"4 - l 11. lY xs,•;i]!5so,l) xP•a]°'w s maroaaN:r'.-:' :.'26!9w 92 `+4' 20' 25i L=aaea' .Au 8: A03 SF. 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