HomeMy WebLinkAbout11/5/2003 - STAFF REPORTS (10) DATE: November 5, 2003
TO: City Council
FROM: Director of Public Works/City Engineer
FINAL MAP NO. 30963
RECOMMENDATION:
It is recommended that the City Council approve Final Map No. 30963 for Mainiero, Smith
and Associates, Inc., representing Mountain Gate Palm Springs Ventures, LLC, a Delaware
Limited Liability Company,to subdivide property located at 3100 N. Palm Canyon Drive and
900 Gateway Drive, in Section 34, Township 3 South, Range 4 East.
SUMMARY:
Mainiero, Smith and Associates, Inc., representing Mountain Gate Palm Springs Ventures,
LLC, a Delaware Limited Liability Company, has prepared a 107 lot Tract Map for
subdivision of property located at 3100 N. Palm Canyon Drive and 900 Gateway Drive, in
Section 34, Township 3 South, Range 4 East.
BACKGROUND:
Mainiero, Smith and Associates, Inc., representing Mountain Gate Palm Springs Ventures,
LLC, a Delaware Limited Liability Company, requests that the property located at 3100 N.
Palm Canyon Drive and 900 Gateway Drive, in Section 34, Township 3 South, Range 4
East, be subdivided into 107 lots. This final map represents the third and final phase of the
Mountain Gate project.
At its meeting of January 22, 2003, the Planning Commission denied Tentative Tract Map
No. 30963, which was subsequently approved on appeal by the City Council, subject to
conditions, on February 26, 2003.
The owner offers for dedication an easement for public utility purposes as shown as "10'
PUE" along and adjacent to all private streets; easements for public utility purposes,
including sewers, with the right of ingress and egress for service and emergency vehicles
and personnel over Lots "A" through "G", inclusive; and an easement for public use for
public utility purposes over Lots "H" through "J", inclusive.
It has been determined that required conditions have been satisfied, that Final Map No.
30963 is in substantial conformance with the approved Tentative Tract Map, and that Final
Map No. 30963 is ready for City Council approval.
SUBMITTED: APPROVE
DAVID J. BARAKIAN DAVID H. READY
Director of Public Works, City Engineer City Manager
ATTACHMENTS:
1. Resolution
2. Map 11#4
3. Subdivision Agreement
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
MOUNTAIN GATE PALM SPRINGS VENTURES, LLC
A DELAWARE 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....................................................... 2
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........... 3
2. Time for Performance....................................................... 4
2.1 Commencement and Completion Dates................. 4
2.2 Phasing Requirements...................I........................ 4
2.3 Force Majeure......................................................... 4
2.4 Continuous Work.................................................... 4
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.......................................... 5
4. Security............................................................................. 5
4.1 Required Security.................................................... 5
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
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and Engineering Services........................................ 8
6. Acceptance of Offers of Dedication................................... 8
7. Warranty of Work.............................................................. 8
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.......................................................................... 9
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
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered
into this 3rd day of October , 2003, by and between the CITY OF
PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and Mountain
Gate Palm Springs Ventures, LLC, a (Delaware Limited Liability Company ("Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map for
Tract No. 30963 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, bythe Map, has offered fordedication
an easement for public utility purposes as shown as "10' PUE" along and adjacent to all
private streets; easements for public utility purposes, including sewers, with the right of
ingress and egress for service and emergency vehicles and personnel over Lots"A"through
"G", inclusive; and an easement for public use for public utility purposes over Lots "H"
through "J", inclusive. City desires to accept the various public dedications as shown on the
final map, and certain other improvements described in this Agreement.
C. Subdivider has delivered to City and City has approved plans and
specifications and related documents for certain "Works of Improvement" (as hereinafter
defined) which are required to be constructed and installed in order to accommodate the
development of the Property.
D. Subdivider's agreement to construct and install the Works of Improvement
pursuant to this Agreement and its offer of dedication of the streets, easements and other
improvements and facilities, as shown on the Map, are a material consideration to City in
approving the final map for the Property and permitting development of the Property to
proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and
in consideration of City's approving the Map for the Property and permitting development of
the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth
herein.
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 $2 713,000,00.
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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
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.
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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 notthe 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 anytime 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 orthe 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 Worts 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
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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 thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 2
years after the Commencement Date. Extensions of time for completion of the Works of
Improvement may be granted upon approval by the City Engineer.
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 satisfies. 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.
2.3 Force iyiaieure. 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
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pursued to completion, and shall not abandon the work for a consecutive period or more
than thirty (30) days, events of Force Majeure excepted.
2.5 Reversion to Acreage. In addition to whatever other rights City may have due to
Subdivider's failure to timely,perform its obligations hereunder, Subdivider recognizes that
City reserves the right to revert the Property to acreage subject to the limitations and
requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In
this regard, Subdivider agrees that if the Works of Improvement have not been completed
on or before the later of two (2) years from the date of this Agreement or within the time
allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert
the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider
hereby consents to reversion and agrees that any improvements made by or on behalf of
Subdivider shall not be considered in determining City's authority to revert the Property to
acreage.
2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all
of its obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all contractors
and subcontractors performing any of the Works of Improvement to comply with all
applicable federal and state labor standards, including to the extent applicable the prevailing
wage requirements promulgated by the Director of Industrial Relations of the State of
California Department of Labor.
3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor
performing any of the Works of Improvement shall discriminate against any employee or
prospective employee with respect to such work in hiring, promotion, seniority, or any other
terms and conditions of employment on the grounds of race, creed, color, national origin,
ancestry, religion, sex, or marital status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement
to be constructed by contractors and subcontractors with valid California Contractors'
licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'Compensation
Insurance as required by the Labor Code of the State of California and shall cause each
such contractor and subcontractor to submit to City a Certificate of 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
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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
$2 713.000.00 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
$1,356,500.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting
monuments as required in Section 1.4 in the amount of$13.500.00 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$406,950.00 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 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 bean assignment of deposit account assigning as security to
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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 forSubdivider'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 Subdividers 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 afterwritten demand therefor,
deliverto City such substitute security as City shall require satisfying the requirements in this
Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be
entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not
less than one (1) year, unless City agrees to a lesser term in City's sole and absolute
discretion) is not delivered not less than thirty(30)days prior to the expiration of the original
letter of credit, such substitute letter of credit being in the same amount and having the
terms and conditions as the initial letter of credit delivered hereunder, issued by a financial
institution acceptable to City as of the date of delivery of the replacement letter of credit.
(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.
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4.5 Release of Security instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor and
Materials Security Instrument when ali of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of
satisfaction of all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii)Subdivider has delivered the Maintenance and Warranty Security Instrument;and
(iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have
been timely filed, City shall hold the Labor and Materials Security Instrument until such
claims have been resolved, Subdivider has provided a statutory bond, or otherwise as
required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon
Subdivider's written request upon the expiration of the warranty period, provided no claims
are outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be
responsible for payment of all costs incurred for construction and installation of the Works
of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the
Works of Improvement, such reimbursement shall be subject to a separate Reimbursement
Agreement to be entered into between Subdivider and City prior to construction of the
works.
5.2 Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its
authorized representative make the usual and customary inspections of the Works of
Improvement. In addition, Subdivider shall compensate 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
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acceptance. If any of the Works of Improvement should fail or prove defective within said
one (1) year period due to any reason other than improper maintenance, or if any
settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to
fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice
of such defects, or within such shorter time as may reasonably be determined by the City in
the event of emergency, shall commence to repair or replace the same together with any
other work which may be damaged or displaced in so doing. Should Subdivider fail to
remedy defective material and/or workmanship or make replacements or repairs within the
period of time set forth above, City may make such repairs and replacements and the actual
cost of the required labor and materials shall be chargeable to and payable by Subdivider.
The warranty provided herein shall not be in lieu of, but shall be in addition to, any
warranties or other obligations otherwise imposed by law,
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City for a default by Subdivider hereunder, such remedy shall be in
addition to, and not exclusive of, City's right to pursue any other administrative, legal, or
equitable remedy to which it may by entitled.
8.2 City Right to Perform Work. In addition to whatever other rights or remedies it
may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely
perform any work required to be performed under this Agreement and such failure shall
continue for a period of twenty (20) days after receipt of written notice of default from City,
or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such
default to completion, City shall have the right to enter into the Property and perform any of
the uncompleted work by force account or contract or both and thereupon recover from
Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by
City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any
obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred
by City in securing performance of such obligations, including costs of suit and reasonable
attorney's fees. In the event of any dispute arising out of Subdivider's performance of its-
obligations under this Agreement or under any of the Security Instruments referenced
herein, the prevailing party in such action, in addition to any other relief which may be
granted, shall be entitled to recover its reasonable attorney's fees and costs. Such
attorney's fees and cost shall include fees and costs on any appeal, and in addition a party
entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred
in investigating such action, taking depositions and discovery, retaining expert witnesses,
and all other necessary and related costs with respect to the litigation, All such fees and
costs shall be deemed to have accrued on commencement of the action and shall be
enforceable whether or not the action is prosecuted to judgment.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and
City's officers, employees, and agents from and against any and all claims, liabilities, losses,
damages, causes of action, and obligations arising out of Subdivider's failure to perform the
construction and installation of the Works of Improvement in accordance with the
requirements contained or referenced in this Agreement. Said indemnity obligation shall
apply to personal injury, death, property damage, economic loss, and any other monetary
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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 /l /,
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
DATED:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
Patricia A. Sanders, City Clerk David Ready, City Manager
SUBDIVIDER:
Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company
(Check One: _ individual, partnership, _corporation)
By: Century Crowell Communities, LP, a California Limited Partnership, its Development
Management Company
By: Century Homes Communities, a California Corporation, General Partner
By: j a, V V
John W. Pavelak, President
Mailing Address:
1535 South "D" Street
San Bernardino, CA 92408
(909) 381-6001
(909)381-0041 (Fax)
ALL-PURPOSE ACKNOWLEDGMENT
State of California ) CAPACITY CLAIMED BY SIGNER
) ss.
County of San Bernardino ) ❑ INDIVIDUAL(S)
23sCORPORATE President
On 10/3/03 before me, Doris A. Benoit, Notary Public OFFICERS)
Date Name, Title of Officer TITLE(S)
personally appeared John W. Pavelak, President ❑ PARTNER(S)
NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
.impersonally known to me-OR- ❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
❑ be the persons(s) whose name(4 ❑ OTHER
ts/ ubscribed to the within instrument and acknowledged to me thacullg�executed
the same in is it authorized capacity((esj, and that b his/ signatur0ie on
the instrument the person(e or the entity uponbehalf of which the person(acted,executed
the instrument. SIGNER IS REPRESENTING:
Witne s yhattdando cialse c .i >.r.��c:�aa�s::^x "'— Mountain Gate Ventures, LLC
DORIS A.BENOIT By: Century Crowell Communities LP
Commission it 131 D451 Notary Public- CaHFomia By: Century Homes Communities, a
-a'
z
Signature of Notary R San Bernardino County California Corporation
Comm. fires
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 Subdivision Improvement Agreement Tr.30963
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages 11 DATE of DOCUMENT October 3, 2003
DESCRIBED AT RIGHT:
Signers) Other Than Named Above
X V
EXHIBIT "A"
TENTATIVE TRACT MAP 30963 CONDITIONS OF APPROVAL
12
F l
0
EXHIBIT A
CASE 5.0931-PD-279
QPP
NARY I LANNED DEVELOPMENT DISTRICT (PD#279)
A D� 2 � r TENTATIVE TRACT MAP 30963
5a s 0� $ CORNER OF GATEWAY DRIVE AND HIGHWAY 111
vp" r 00 CENTURY VINTAGE HOMES
�nlatloP�,s���S aV �
^?� CONDITIONS OF APPROVAL
February 26, 2003
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.
I
1 a. 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 5.0931-PD 279 and TTM 30963. 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 appllCant 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 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. That the property owner(s) and successors and assignees in interest shall maintain and
repair the improvements including and without limitation sidewalks, bikeways, parking
areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto private
property, in a first class condition, free from waste and debris, and in accordance with all
applicable law, rules, ordinances and regulations of all federal, state, and local bodies
and agencies having jurisdiction at the property owner's sole expense. This condition
shall be included in the recorded covenant agreement for the property if required by the City.
3. 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(1), has
not been approved by the Planning Commission, the procedures and actions which
have taken place up to that time shall be null and void and the planned development
district and tentative tract map*shall,expire. Extensions of time may"be allowed for good_
cause.
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 and wall 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. Separate architectural approval and permits shall be required for all signs.
6. The project shall be developed in three phases.
A. Phase 1 shall include completion of the specific requirements of the subdivision
including all street improvements included and/or adjacent to that phase, and all
off-site improvements included and/or adjacent to that phase. These
improvements shall include improvements of the common recreation adjacent to
main entry, entry gate and landscape elements including Highway 111 and
Gateway Drive landscaping, and seven residential lots incorporating the model
complex. Phase 1 includes site plans, roof plans, floor plans, exterior building
elevations, landscape plans (front and rear yards), irrigation plans, exterior
lighting plans, etc., for the model complex. The retention and detention basins
on the westerly property boundary will be completed during Phase 1.
B. Phase 2 shall include development of approximately 164 residential lots within
the southerly and easterly portions of the gated community and 26 lots within the
dngated portion of the project. 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 and rear yards),
irrigation plans, exterior lighting plans, etc., for all single family residences.
C. Phase 3 shall include development of 121 residential lots within the northerly
portion of the gated.community. Phasing of amenities shall be concurrent with -
construction of adjacent residential units. Phase 3 includes site plans, roof
plans, floor plans, exterior building elevations, landscape plans (front and rear
yards), irrigation plans, exterior lighting plans, etc. for all single family
residences.
7. Final landscaping, irrigation, exterior lighting, and fencing plans for each phase shall be
submitted for approval by the Planning Commission (see Condition.#3 above) 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 project
perimeters, using trees and shrubs. The windbreak shall be installed as residential
phases are developed.
8. 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.
9. A street tree program shall be submitted to the Department of Planning and Zoning prior
to the issuance of a Certificate of Occupancy.
10. 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.
11. 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
12. 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.
1-i. 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.
14. The street address numbering/lettering shall not exceed eight inches in height.
15. 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. Manufacturer's 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.
16. If lighting for the tennis courts is ever proposed, the tennis courts shall be subject to
Section 93.01.01 of the Zoning Ordinance pertaining to tennis court lighting as follows: ..
11,E aD
1. Night lighting shall be allowed subject to the following property development
standards;
a. The height of the light fixtures shall not exceed 18 feet. A maximum of five
light standards shall be permitted on each side of the court. The height of the
fixture shall be measured from natural grade. .
b. The light beam shall not extend off the subject property. Lighting levels shall
not be more than 1 foot candle above the ambient light level on adjacent
properties.
c. Quartz lights shall be prohibited.
d. Lighting shall not be greater than 400 watts per fixture.
17. The retention and detention basins shall be fully landscaped and designed to provide
passive recreation opportunities, to the extent possible.
18. 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.
20. 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.
21. The Department of Planning and Zoning recommends that the applicant obtain a copy of
the publication, Suggestions for Disabled Access Design in New Single Family Homes
available through the Department of Planning or the Department of Building in order to
consider incorporation of building design features that would enhance handicapped
accessibility.
22. Common areas pool hours shall be closed between the hours of 10 pm to 7 am.
23. The maximum building height shall be 18' measured from the building pad height
approved on the final grading plan.
24. The entry plan for the project entry shall be refined to provide adequate improvements
and provide additional wall,'gate, lighting and landscape details as part of the Final
Planned Development plans.
25. 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 yards shall be landscaped within 90 days of occupancy
per the CC&R's. The HOA will be responsible for enforcement of this requirement.
1l� a�
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26. The project entry shall incorporate decorative street, landscape and safety lighting.
Decoratative lighting at entries shall be pedestrian scale.
27. Project setbacks shall be as follows:
Front.yard setback : 20'
Side yard setback - 5'
Rear yard setback- 15'
_Refer to R-1-C Zone for remaining property development standards.
28. The minimum house size shall be 1,211 square feet, with a mix of housing sizes up to
2,778 square feet. Larger residences may be permitted as long as the building footprint
is consistent with setback and lot coverage requirements. The maximum lot coverage
shall be 47% of the net lot area.
29. The Developer shall construct a minimum six foot tall, decorative block wall around the
entire project. Where necessary, the use of a retaining wall may be required. Final wall
plans shall be required as part of the Final Development Plans. All walls shall be
decorative. The retention basin of Lot S shall be fenced using wrought iron.
30. All existing Tamarisk trees and roots shall be removed in an effort to reduce future root
damage for existing homeowners.
31. A new property line wall for abutting properties shall include the removal of existing
fences if the property owner consents to the removal.
32. Prior to issuance of a building permit, the applicant shall pay developer fees to the Palm
Springs Unified School District pursuant to the requirements established in S1350. The
amount of fees paid will be determined based on the established state formula for
determining construction costs.
33. In accordance with Public Resource Code 5097. 94, if human remains are found, the
Riverside County Coroner must be notified `ithin hours of the diSCvJcry. !'the
Coroner determines that the remains are not recent, the coroner will notify the Native
American Heritage Commission in Sacrament to determine the most likely descendent
for the area. The designated Native American representative then determines in
consultation with the property owner the disposition of the human remains.
34. A Riverside County-certified archeologist shall be retained to attend pre:grading
meetings. The archeologist will carefully inspect the area to assess the potential for
significant prehistoric or historic remains. If a site is uncovered, than a subsurface
investigation may be needed if the site is determined uniquefimportant for its prehistoric
Information.
35. A Native American Monitor shall be present at all ground disturbing activities and during
construction activities, the monitor and the archeologist shall have the opportunity to
temporarily divert or direct earth moving to allow time to evaluate any exposed
prehistoric or historic material. Any recovered prehistoric or historic artifacts shall be
offered, on a first right-of-refusal basis, to a repository with a retrievable collection
system and an educational and research interest in the materials such as the Western
Center for Archeology and Paleontology(UCR).
k Any cultural resource documentation and survey.documents generated in connection
with the project shall be distributed to the Agua Caliente Band of Cahuilla Indians.
MITIGATION MEASURES .
37. A. Prior to issuance of a grading permit, the developer will develop and submit a dust
control plan to the City's Building Official,in accordance with the 2002 Coachella Valley PM-
10 State Implementation Plan and the South Coast Air Quality Management District
(SCAQMD) Rule 403. SCAQMD shall also have the opportunity to review the PM-10 Plan,
if it so desires. ...
B. The proposed project will comply with the provision of Chapter 8.50 of the Palm Springs
Municipal Code that establishes minimum requirements for construction activities to reduce
fugitive dust and PM-10 emissions. Those requirements shall include but not be limited to:
1. That the plan shall include provisions to treat disturbed surface areas at
construction and sites with dust suppressants in sufficient frequencies and quantities to
prevent visible emissions from crossing the property line.
2. That the plan must also include one or more fugitive dust control techniques as
outline in Chapter 8.50.
3. That no debris shall be washed, blown by wind, or otherwise deposited onto
streets or adjacent property and that all erosion control devices are working properly on a
continuous basis.
4. That a cash bond shall be posted by the permittee throughout the period of
construction time that the project is vulnerable to wind erosion.
5. That is complaints of windblown sand or dust arise the building and safety
. . , f; Q'inH u�hdi-ectoi ayr��uirPaddiiinnaldnci-a-abatement measures limit or halt 4iV t time that adequate erosion control has been achieved-
C. A plan to control fugitive dust through implementation of reasonable available dust
control measures shall be prepared and submitted to the City Building Official and South
Coast Air Quality Management District(SCAQMD), if so desired, for approval prior to
the issuance of grading permits. The project-applicant shall provide evidence to the City
Building Official that the SCAQMD has approved the fugitive dust plan prior to issuance
of grading permits, if so desired. The plant shall specify the fugitive dust control
measures to be employed.
38. Any diesel construction equipment with direct internal combustion engines shall use a
diesel fuel with a maximum of 0.05 percent sulfur and a four-degree retard.
39. Construction operations affecting offsite roadways shall be scheduled by implementing
traffic hours and shall minimize obstruction of through-traffic lanes.
40. The structures shall be constructed in compliance with the Uniform Building Code (UCB)
earthquake design standards.
41. :Prior to the issuance of a grading permit, a grading plan shall be reviewed and approved
by the City that will include'measures to contain run off, and fugitive dust.
42, The development shall prepare a Stormwater Pollution Prevention Plan (SWPPP).
43. Payment of Drainage Acreage fees shall be required unless improvements to the mast
plan of storm drains is implemented.
44. The development shall comply with the recommended measures as outlined in the
Hydrology report including but not limited to construction of a storm drain system, on site
retention and detention basins.
45. The developer shall submit landscaping plans for'approval by the City that incorporate
walls, berms and landscape materials.
46. Construction shall be limited to the hours provided by the Palm Springs Municipal Code.
47. Home construction shall comply with the applicable code sections of the California
Administrative Code and the Uniform Building Code.
48. Prior to--the issuance of a building permit for residenfial construction the developer'shall
pay a school impact fee based on the current rate as adopted by the Palm Springs
Unified School District.
49. The final design of the internal circulation and site access plans shall be subject to the
review and approval of the City Engineer to ensure compliance with City access and
design standards.
50. The applicant shall dedicate appropriate right of way to accommodate the ultimate
improvement of.master planned roadways on or adjacent to the project site.
51. Gateway Drive and Eastgate Road shall be improved to City Design Standards on or
adjacent to the project site. Adequate off-street parking shall be provided on site to
meet the requirements of the Palm Springs Municipal Code.
52. A fair share contribution shall be made towards the signalization State Hwy. 111 and
Gateway Drive (11.2%). Should the signal be installed at an earlier time by the
developer,'the City shall enter into a reimbursement agreement with the develop for
remaining share of the signal costs.
53. The developer shall participate in the regional TUMF program.
54. Prior to or in conjunction with the issuance of a grading permit the develop shall relocate
the Whitewater Mutual transmission line in accordance with the agreement reached with
that agency.
55. In accordance with Resolution 15189 adopted by the City Council, the develop shall pay
the drainage impact fees in effect at the time.
56. The developer shall include,a non-motorized trail within-the project's Highway 111
-frontage. This would be in the form of a 12' combination sidewalk and.bikeway with a
possible equestrian trail to be developed adjacent to the bikeway at a later date. If
approved, this condition would,supercede Engineering Condition of Approval on North
Palm Canyon Drive No. 7.
BUILDING
57. Prior to any construction on-site, all appropriate permits must be secured. All
Construction shall comply with Title 24 of the California Administrative Code.
56. Outdoor construction activities shall not take place between the house of 7:00 pm and
7:00 am on weekdays, between the hours of 5:00 pm and 8:00 am on Saturdays or at
any time on Sundays or on a Federal holiday. Time restrictions shall be included in the
contractor specifications and shall be verified by the Director of Building and Safety.
59. Proposed structural designs shall comply with provisions of the current Uniform Building
Code and seismic design criteria of the Structural Engineers Association of.Califomia.
Compliance with these criteria will be verified by the Director of Building and Safety prior
to the issuance of building permits.
i
FIRE
60. A. Approved numbers of 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.
B. Fire sprinklers must be installed in every residence per the requirements of the Fire
Marshall. -
61., 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. Prior to final approval of the installation, contractor shall submit a completed
Contractor's Material and Test Certificate to the fire department or as per required by
the,Fire Department. , -
62. An operational fire hydrant(s) shall be installed within 250' of all combustible
construction. No landscape planting, walls, or fencing are permitted within 3 feet of fire
hydrants, except groundcover plantings or as per required by the Fire Department.
63. Locked gate(s) shall be equipped with a KNOX key switch device or Key box. Contact
the fire department at 323-8186 for a KNOX application form.
64. Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than
13 feet 6 inches.
65. 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.
66. 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. The City of Palm
Springs approved turn around provision is a cul-de-sac with an outside turning radius of
43 feet from centerline.
67. 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.
68. A construction site guard is required for combustible construction. The guard shall be
on duty during all times when construction workers are not on the premises as per
Municipal Code 8.04.260.
WASTE DISPOSAL SERVICES
69. The location of the trash enclosures shall be submitted to the waste disposal service for
approval. .Notification of the waste disposal service's approval shall be submitted to the
Department of Planning and Zoning before a Certificate of Occupancy shall be issued.
ENGINEERING
The Engineering Department 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.
PHASES 1 - 4
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.
2. Developer shall obtain California Department of Transportation (Caltrans) permits and
approval of plans for all improvements proposed and construction performed within
State Highway 111 (North Palm Canyon Drive) right-of-way. A copy of Caltrans
requirements shall be submitted to the City Engineer prior to the issuance of any
grading or building permits. Construction shall be coordinated with the Engineering
Department relating to City of Palm Springs Resolution 17950 - Restricting Street Work
11,��
f I 1
on Major and Secondary Thoroughfares.
3. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Department. The plan(s) shall be submitted to 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 PALM CANYON DRIVE (STATE HIGHWAY 111)
4. This development is subject to the review of the California Department of Transportation
(Caltrans). Actual requirements of this development, including additional right-of-way
dedications and/or improvements related to State Highway 111, shall be addressed by
the developer to the satisfaction of the Caltrans District 8 Director, or other delegated
authority, and the City Engineer. The required improvements for North Palm Canyon
Drive (State Highway 111) as listed herein may be modified, deleted or other conditions
added as required by,Caltrans. All improvements shall be constructed in accordance
with Caltrans standard drawings and specifications.
5. Construct an 8 inch.curb and gutter, 56 feet north of centerline along the entire frontage,
with a 35 feet radius curb return and spandrel at the northwest comer of the intersection
of North Palm Canyon Drive and Gateway Drive.
6. Construct a minimum 8 feet wide sidewalk behind the curb along the entire frontage.
7. Construct an access ramp meeting current California State Accessibility standards at
the northwest corner of the intersection of North Palm Canyon Drive and Gateway Drive.
8. Construct an 8 feet wide cross-gutter at the intersection of North Palm Canyon Drive
and Gateway Drive, including additional improvements at the northeast corner of the
intersection of North Palm Canyon Drive and Gateway Drive, OR otherwise as required
to provide adequate surface water drainage of the intersection.
9. In accordance with previous Caltrans requirements listed in their letter of May 16, 1991,
unless otherwise modified or waived pursuant to further correspondence from Caltrans,
the developer shall construct acceleration/deceleration (auxiliary) lanes 605 feet(each)
in length in addition to construction of a 10:1 taper(100 feet minimum length), and
required striping.
10. Construct a minimum 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, where required to meet existing and proposed improvements, and as required by
ll}} �7
i
Caltrans.
GATEWAY DRIVE
11. Construct 6 inch curb and gutter, 20 feet north of centerline along the entire frontage in
accordance with City of Palm Springs Standard.Drawing No, 200.
12. Construct an,8 feet wide.sidewalk behind curb from North Palm Canyon Drive to the
Mountain Gate entry, and a 5 feet wide sidewalk from the Mountain Gate Entry to
Pamela Drive, in accordance with City of Palm Springs Standard Drawing No. 210.
13, Construct 25 feet radius curb returns, spandrels and a 6 feet wide cross-gutter at the
intersection of Gateway Drive with the Mountain Gate entry, together with Type A
access ramps on either side of the entry, in accordance with City of Palm Springs
Standard Drawing No. 200, 206, and 212. -
14. Unless otherwise specifically waived by Sunline Transit Agency, construct a 160 feet
long by 12 feet wide bus turn-out along the frontage in a location to be agreed upon by
the City and Sunline Transit Agency. The configuration shall be approved by the City
Engineer in conjunction with Sunline Transit Agency. Additional requirements, including
furnishing and installing bus stop furniture and/or shelter may be required; contact
Sunline Transit Agency for further details. If waived by Sunline Transit Agency,
appropriate right-of-way shall be reserved for construction of a future bus turn-out or
bust stop, as required by Sunline Transit Agency.
15. Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch
aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR
equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 1.10 and 315.
The pavement section shall be designed, using "R" values, by a licensed Soils Engineer
and submitted to the City Engineer for approval.
PAMELA DRIVE, VIDEO ROAD, LAWRENCE CIRCLE, HOWARD CIRCLE, ALBERTO
CIRCLE, AND JIMINEZ CIRCLE
16. Prated the existing improvements in place And [make appropriate improvements at the
north ends of each street to the satisfaction of the City Engineer, such that proposed
improvements cleanly match existing improvements. Final plan details shall be
approved by the Planning Commission.
FAST GATE ROAD
17. Dedicate a full-width right-of-way of 60 feet to the City of Palm Springs along the entire
frontage, from the end of the existing right-of-way to the intersection with Tramview
Road, together with property-line corner cut-back at the southeast corner of the
intersection, in accordance with City of Palm Springs Standard Drawing No. 105.
18. Construct 6 inch curb and gutter 20 feet both sides of centerline along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 200.
119. Construct a minimum 5 feet wide sidewalk behind curb along both sides of the entire
frontage, in accordance with City of Palm Springs Standard Drawing No. 210.
20. Construct a Type A access ramp meeting current California State Accessibility
standards at the southeast corner of the intersection of East Gate Road and Tramview
Road, and on the south side of the intersection with Alterra, in accordance with City.6f
Palm Springs Standard Drawing No. 212.
21. Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6
inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction,
OR equal, from edge of curb to edge of curb along the entire frontage, in accordance
with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section
shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the
City Engineer for approval.
22. Make appropriate improvements at the south end of East Gate Road to the satisfaction
of the City Engineer, including asphalt pavement, curb and gutter, and sidewalk
removals, such that proposed improvements cleanly match existing improvements.
TRAMVIEW ROAD
23. Dedicate full-width right-of-way of 60 feet to the City of Palm Springs along the entire
frontage, from the end of the existing.right-of-way to the intersection with East Gate
Road, together with a property-line corner cut-back at the southeast corner of the
intersection, in accordance with City of Palm Springs Standard Drawing No. 105. The
right-of-way shall follow the alignment of the modified street"knuckle" at the intersection'
of Tramview Road and East Gate Road, in a manner acceptable to the City Engineer.
24. Construct a modified street "knuckle" at tha.intersection of Tramview Road and East
Gate Road, to the satisfaction of the City Engineer. The curb alignment shall be
constructed in accordance with City of Palm Springs Standard Drawing No. 104.
25, Construct a 6 inch curb 20 feet north of centerline along the entire frontage, and
throughout the modified street"knuckle", in accordance with City of Palm Springs
Standard Drawing No. 200.
26, Construct a minimum 28 feet wide driveway approach at the intersection of Tramview
Road and Alterra (private street), in accordance with City df Palm Springs Standard_
Drawing No. 205.
27, Remove the existing curb, gutter, sidewalk and asphalt concrete pavement throughout
the cul-de-sac at the end of Tramview Road, and construct 6 inch curb and gutter 20
feet south of centerline, together with a 5 feet wide sidewalk behind curb, to create a
new curb alignment at 20 feet south of centerline to be consistent with proposed
improvements westerly of the end of the existing right-of-way. Additional improvements
adjacent to those properties identified as APN 669-381-001 and 669-381-002 (597 and .
581 W. Tramview Road) including, but not limited to, extension of existing driveways
and extension of existing front yard landscaping out to the edge of the new sidewalk
shall be installed to the satisfaction of the Director of Planning and Zoning and the City
Engineer.
, l
I "
28. Make appropriate improvements at the west end of Tramview Road to the satisfaction of
the City Engineer, including asphalt pavement, curb and gutter, and sidewalk removals,
such that proposed improvements cleanly match existing improvements.
. 29. The Engineering Department shall initiate aright-of-way vacation for the,subject portion
at the current westerly end, following completion of required removals and construction
as required herein.
ON-SITE(PRIVATE)STREETS
30. Dedicate an easement 37 feet wide extending from back of curb to back of curb to the
City of Palm Springs for sewer purposes with right of ingress and egress over the
private streets.
31. Dedicate an easement 57 feet wide for public utility purposes extending from 10 feet
behind back of curb with right of ingress and egress over the private streets.
32. The following requirements for a gated entry shall be met to provide adequate setbacks
and turning movements for vehicles entering the primary parking facilities of this 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. Security gates shall provide a minimum of 20 feet clear width in each direction.
33. Construct a wedge curb, meeting City Engineer approval, 18 feet on both sides of
centerline along all on-site (private) 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. 206.
34. Construct 6 feet wide cross-gutters at all intersections (where required)with a flow line
parallel with and 18 feet f,om the centerline 61 the Intersecting street, in accordance with
City of Palm Springs Standard Drawing No. 200 and 206.
35. the following traffic calming devices shall be incorporated into the on-site streets:
Narrowed pavement`chokers' shall be provided approximately mid-block on all on-site
streets, as approved by the City Engineer. Chokers shall be designed with a transition
using 25 feet 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.
36. Construct a minimum pavement section of 2-112 inch asphalt concrete pavement over 4
inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction,
OR equal, throughout all on-site streets. The pavement section shall be designed, using
/M 3�
"R" values, by a licensed Soils Engineer and submitted to the City Engineer for
approval.
SANITARY SEWER
K. Dedicate•an easement 20 feet wide to the City of Palm Springs for sewer purposes
across Lot D and Lot F.
38, Connect all sanitary facilities to the City sewer system. Laterals shall not be connected
at sewer manholes.
39. Extend the existing 8 inch sewer main within East Gate Road, and construct an 8 inch
sewer within all on-site streets, and connect new sewer mains to the existing sewer
mains within Video Road, Jiminez Circle, and East Gate Road.
40. Submit sewer improvement plans prepared by a Registered Civil Engineer to the
Engineering Department. The plan(s) shall be submitted to 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.
41. All sewer mains constructed by the developer and to become part of the City sewer
system shall be televised by the developer prior to acceptance of the sewer system by
the City of Palm Springs,
GRADING
i
42. A copy of a Title Report prepered/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.
r
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.
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/b lows and relating to his property and development.
47. A soils report prepared by a licensed Geotechnical Engineer shall be required for and 11
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
nr mn permits - 1 rt F "us
U,a ;,,y r r ,.s involving a grading plan .1 InV^v lying the ^cxpv^li�1 Svl will "us 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. Dedicate an easement 41 feet wide to the City of Palm Springs for drainage purposes
extending across the entire west side of the project, for future use by the Riverside
County Flood Control and Water Conservation District(RCFC)for Line 2 of the City of
Palm Springs Master Drainage Plan. Retention/detention basins within the drainage
easement may be used on an interim basis for management of off-site stormwater
runoff, provided that the entire drainage easement is landscaped in a manner
acceptable to the Director of Planning and Zoning. Provisions for maintenance of
landscaping installed within the drainage easement shall be included in Codes,
Covenants and Restrictions and shall be the responsibility of a Homeowners Association
(HOA) or Lighting and Landscaping Assessment District created for this development. _
Landscaping shall be shown on final landscape plan per Planning Condition of Approval
No. 3.
51. Accept all stormwater runoff passing through and falling onto the site and conduct this
runoff to approved drainage structures as described in the Preliminary Hydrology Study
for Mountain Gate, Tentative Tract Map No. 30963, prepared by Tory R. Walker
Engineering, Inc., dated October 28, 2002. 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, for conveyance of off-site
stormwater runoff and management of on-site stormwater runoff, as described in a final
Hydrology Report for Tentative Tract Map 30963, as approved by the City Engineer.
The preliminary Hydrology Report for Tentative Tract Map 30963 shall be amended to
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.
52. 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 per Resolution No. 15189. Fees
shall be paid prior to issuance of a building permit.
GENERAL
53. 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.
54. 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
I„volved utility company(s)that the required deposit tG underground the lacillty(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. An exception would be
required for the Easterly property boundary in which the distribution lines shall be
underground and the overhead services to adjacent existing properties would remain
from the pole to the house.
55. All proposed utility lines shall be installed underground.
56. 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.
57. 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 of occupancy.
Any modifications or changes to approved improvement plans shall be submitted to the
City Engineer for approval prior to construction.
58. Contract Whitewater Mutual Water Company to determine impacts to any existing water
lines and other facilities that may be located within the project. Make appropriate
arrangements to protect in place or relocate any existing Whitewater.Mutual.Water
Company facilities that are impacted by the`development. A letter of approval for
relocated or adjusted facilities from Whitewater Mutual Water Company shall be .
submitted to the Engineering Department prior to issuance of a certificate of occupancy.
. 59. 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.
60. 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
61. 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 approvaV.
62:=" -The'Tentative Tract Map may be phased into multiple final maps. A Final Map for each
phase shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and
submitted to the Engineering Department for review and approval. A Final Map for each
phase shall be approved by the City Council prior to issuance of building permits within
that phase.
63. Building permits may be issued for lots to be created from a Final Map for the first
phase, prior to City Council approval of a Final Map of the first phase, provided that a
Land Use Permit or other separate approval of the City relating to construction of a
model complex within the first phase is granted by the City.
TRAFFIC
64. The developer shall provide a minimum of 48 inches of sidewalk clearance around all
street furniture, fire hydrants and other above-ground facilities for handicap accessibility.
The developer shall provide same through dedication of.additional right-of-way and
widening of the.sidewalk or shall be responsible for the relocation of all existing traffic
signal/safety light poles, conduit, pull boxes and all appurtenances located on the North
Palm Canyon Drive (State Highway 111), Gateway Drive, East Gate Road, and
Tramview Road 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:
Mountain Gate at Gateway Drive exit
67. Pay to the City of Palm Springs the fair share contribution toward the construction of a
traffic signal at the North Palm Canyon Drive (State Highway 111) and Gateway Drive
intersection. The fair share contribution has been determined as 11.2% based on the
Traffic Impact Study for Tentative Tract Map 30963, prepared by Endo Engineering,
dated October 2002. The developer shall post payment of$16,800.00 to the City of
Palm Springs prior to issuance of a certificate of occupancy.
If installation of a traffic signal at the North Palm Canyon Drive (State Highway 111) and
Gateway Drive intersection is requested by the developer in conjunction with the
construction of this project, the developer shall be responsible for the design and _..
installation of the traffic signal, pursuant to City and Caltrans approvals and permits. A
traffic signal plan shall be submitted concurrently to the City and Caltrans for review and
approval. The developer may enter into a reimbursement agreement with the City of
Palm Springs for reimbursement of a maximum of 88.8% of the cost of the traffic signal
construction, and shall receive reimbursement as adjacent properties develop and post
payment for their fair share contribution towards its installation.
68. Pay to the City of Palm Springs the fair share contribution toward the construction of a
traffic signal at the North Indian Canyon Drive and Las Vegas Road intersection. The
fair share contribution has been determined as 8,2% based on the Traffic Impact,Study
for Tentative Tract Map 30963, prepared by Endo Engineering, dated October 2602.
The developer shall post payment of$12,300.00 to the City of Palm Springs prior to
issuance of a certificate of occupancy.
69. 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.
70. This property is subject to the Transportation Uniform Mitigation Fee, which shall be
paid prior to issuance of a building permit.
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING FINAL MAP NO,
30963 FOR PROPERTY LOCATED AT 3100 N. PALM
CANYON DRIVE AND 900 GATEWAY DRIVE, IN SECTION
34, TOWNSHIP 3 SOUTH, RANGE 4 EAST
WHEREAS the Planning Commission, at its meeting of January 22,2003, denied Tentative
Tract Map No. 30963 requested by Mainiero, Smith and Associates, Inc., representing
Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company,forthe
above described property; and
WHEREAS the City Council at its meeting of February 26, 2003, approved on appeal
Tentative Tract Map No. 30963 subject to conditions; and
WHEREAS owner offers for dedication an easement for public utility purposes as shown
as"10' PUE"along and adjacent to all private streets; easements for public utility purposes,
including sewers, with the right of ingress and egress for service and emergency vehicles
and personnel over Lots "A" through "G", inclusive; and an easement for public use for
public utility purposes over Lots "H" through "J", inclusive.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs as
follows:
1. That Final Map No. 30963 is in substantial conformance with approved Tentative
Tract Map No. 30963; and
2. That requisite conditions associated with Tentative Tract Map No. 30963 have been
satisfied; and
3. That Final Map No. 30963 is in conformance with the General Plan; and
4. That Final Map No. 30963 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. 30963 shall be accepted
by the City Clerk of the City of Palm Springs; and
6. Thatthe 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. 30963 is hereby approved for purposes therein defined.
ADOPTED this 51h day of November, 2003.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
REVIEWED & APPROVED AS TO FORM: / / Q
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 1 OF 7 SHEETS
TRACT MAP NO. 30963
BEING A SUBDIVISION OF A PORTION OF THE SOUTHWEST QUARTER RE00RDER'S-STATEMENT
OWNER'S STATEMENT OF SECTION 34, TOWNSHIP 3 SOUTH, RANGE 4 EAST, S.B.M. Fl¢0 Ms C
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i
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CAOFORNIA SHEEP 2 OF 7 SHEEIS
TRACT MAP NO. 30963
DOUG A SUNDIVISION OF A PORTION OF THE SOUTHWEST QUARTER
OF SECTION 34, TOWNSHIP 3 SOUTH, RANGE{ EAST, S.D.M.
MAINIERO, SMITH AND ASSOCIATES, INC. MAY 2003
NOTARY'S ACKNOWLEDGMENT
LATE OF cwMN.1 )
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ON AEIT ms A �F.oe3 s OM ME N/c.,LE F ftn,tAe.V-At.3. 51 N1 OM1c510NS
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