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HomeMy WebLinkAboutRESIDENTIAL UNITS/COOK STREET & FRED WARING C/Z 84-7 1984 PRCl;aE PLAN TENTATIVE TRACT ZONE ORANGE 84" 7 PARCEL MAP VARIANICE C.U.P. REFER APPLICANT - ---- LOCATION : SNIP _.42- REQUEST'__ EXISTING ZONE: PREPARATION PROGRESS DATE BY COMMENTS APPLICATION RECEIVED LEGAL PUBLICATION SENT NOTICES _SENT um` FIELD INVESTIGATION DEPTS. NOTIFIED Ar BUILDING ENGIN_YERING FIRE POLICE_ RECRE_ATION & PARKS SCHOOL DISTRICT DIVISION OF HIGHWAYS FLOOD CONTROL PRELIMINARY MEETING STAFF REPORT FINAL PLAN APPROVAL PRECISE PLAN (6) LANDSCAPING PLAN (5) _ PLAN. DIRECTOR MOD. (6) HEARINGS & ACTIONS « DATE ACTION VOTE f, REVIEW BOARD HEARING I„s. PC. HEARING PUBLISHED PC. PU3LIC HEARING rr G ra" yi t T d APPLICANT- NOTIFIED ' C.C. PUBLIC HEARING I. I t_ ORUINANCI_ N0. I N _RES01_UT ION NO. LI EFFECTIVE DATE I,II } '' RECORD►E-,D FOR DATA BANK Ill I T ' 111 ' 4 i !} ZONING .MAP CORRECTED 111II Ili } t ' } I� YI � GPG 4-GoBO' isl U I . t� cat o� co co c0 ORDINANCE No. 386 EXHIBIT "B" CATWIL CORPORATION DEVELOPMENT AGREEMENT This agreement, made as of this 27th day .of January 1986, between the City of PaIm ' Desert, a California municipal corporation (hereinafter "CITY") and CATWIL CORPORATION (hereinafter "DEVELOPER") provides: Recitals 1 . DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1 , attached hereto and made a part hereof (hereinafter "PROPERTY") . DEVELOPER has applied for and been granted a change of zone (C/Z 84-7) of PROPERTY to PR-7 and approval of a precise plan (PP 84-17) to construct 293 residential units on the property. 2. As a condition of approval , CITY has required that the development of PROPERTY be consistent with Precise Plan 84-17 (hereinafter "PROJECT") . 3. DEVELOPER and CITY desire to further memorialize and implement the conditions of said approval and do hereby agree to the following terms and conditions: r cD ORDINANCE NO. 386 Agreement 1 . DEVELOPER has been conditionally granted permission by the CITY to construct 293 residential units on 42 acres on the PROPERTY by Change of Zone 84-7, Ordinance No. 386, Precise Plan and Planning Commission Resolutio.^. No, 964. As a condition of said approval DEVELOPER is required, and hereby agrees to construct PROJECT in substantial compliance with plan on file in the Department of Community Development/Planning. 2. DEVELOPER is required and hereby agrees to record tract map (hereinafter referred to as MAP) encompassing entire PROPERTY prior to issuance of building permits. 3. MAP shall be in substantial compliance with PROJECT and shall delineate all lots with a reference to number of dwelling units on each lots with any proposed phasing. 4. The term of this AGREEMENT shall run with PROPERTY and shall be attached to title of PROPERTY. 5. The provisions of this AGREEMENT shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the prevailing party r co _. OP co 0) ORO[NANCE NO. 386 shall be entitled to reasonable attorneys fees together with other legally allowable costs. 6. The AGREEMENT and PROJECT may be reviewed by the City Planning Commission for modifications or termination with final review by the City Council . Minor modifications to PROJECT may be reviewed by. staff: .. Substantial modifications shall return through the public hearing process and the zoning shall revert to PR-5. Substantial modifications shall include changes in zoning requirements, i .e. , periphery setbacks, building heights, density changes, reduction of off-street parking requirements, and public improvements. 7. The resulting change of zone shall not apply to affordable housing programs. If affordable housing density bonuses are desired, the zoning shall revert to PR-5. 8. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 9. Each of the parties hereto covenants and agrees that it has the legal capacity to made the AGREEMENTS herein contained, that each AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly 1 suthcrized official acting in his off irfel capacity. r IL, I l CD co c� ORDINANCE NO. 386 IN WITNESS WHEREOF the parties have executed this AGREEMENT the year and date first above written. CAT JORrPTIOpl THETY OF PAIM DESER wl RIi'ARD S. KE LY, MAYOR (Notarized) ATTEST: 'ORATE ACKNOWLEDGMENT NO.202 ate of On this the -,)—Ada of ' - , i, 1jas J: SS. , I/ .ounty of ✓I 1, ci•' the undersigned Notary Public,personally appeared personally known tome �AAAAlA..A' ►�����.� 0 proved to me on the basis of satisfactory evidence OPEN A<_ SEAL. to by the persons)who exec led the within instrumentHELEN A. BENNETTr 1Notary Public— California -�'/ C £ ��VL� lll ���,.or on behalf of the coSAN 1p tQUIN COUNTYnamed,and acknowledged to me that the corporation e • �������cv_m.�n.Aw.). ran WITNESS my hand land official seal. Notary's Signature 2 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O. Box 4625•Woodland Hills.CA 91364 aO:RATE ACKNOWLEDGMENT No.202 ,{ On this the,A �' day of :eden 19�, before me, V SS. ///�1 '3;ountyof n % 4. „ ) ( �� .the undersigned Notary Public, perpearedZ personally known tome AAAAAA + 0 proved to me on the basis of satvidenceOFFICIAL SEALHELEN A. BENNETT► to be the person(s)who executed thstrument asNclary Public —Celilorn4(• olf of the corporation therein 'AIV SAN JOAQoI.COU9NTYnamed,and acknowledged to me thporation executed It. op WITNESS my hand and official seal I Notary's Signature r P•TI^+Y1 N^TdnY ASSOCIATION•2=2 Vent era 'm. CA maaa � 1 1 ORDINANCE NO. 386 1 EXHIBIT 1 i CAL GC t'7 AT TH PORTION OF THE WEST HALF OF THE WEST HALF OF SECTION 15, TOdNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COACHELLA VALLEY COUNTY WATER DISTRICT, COU-4TY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: EEGINNING AT THE SOUTHWEST'CORNER OF SAID WEST HALF; THENCE NORTH 00002' EAST-ALONG THE WESTERLY LINE OF SAID WEST HALF, 1505.72 FEET; THENCE NORTH 78030' EAST, 337.57 FEET; THENCE SOUTH 89°10' EAST; 160.45 FEET, MORE OR LESS, TO THE SOUTHWESTERLY LINE OF WHITE14ATER RIVER CHANNELL AS SHOWN IN RECORD OF SURVEY AND LAND SURVEYOR'S MAP MO. 250, RIVERSIDE COUNTY RECORDS; THENCE ALONG THE SAID SOUTHWESTERLY LINE WITH A BEARING OF SOUTH 65025' EAST, 922.45 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THE SAID WEST HALF; THENCE SOUTH ALONG THE SAID EASTERLY LINE, 1181.55 FEET, TO THE SOUTHERLY LINE OF THE SAID WEST HALF; THENCE SOUTH 89046' WEST ALONG SAID SOUTHERLY LINE 1330.95 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE SOUTHERLY 44 FEET THEREOF, AS CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED JANUARY 20, 1959 AS INSTRUMENT NO. 5069. ALSO EXCEPT THAT PORTION CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED MAY 11, 1972 AS INSTRUMENT NO. 61557 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED MAY 24, 1972 AS INSTRUMENT N0. 68067 OF OFFICIAL RECORDS. 73-610 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 Lei ��y February 25 , 1986 f E 9 Pa 1986 COWAUNI'iY O CRVIC 5 t rsz„7': CITY Of NA hI O B_."ti Catwil Corporation 6653 Embarcadero Drive Stockton , California 95209 Gentlemen : Subject: Contract No. 00-088 - Development Agreement At its meeting of August 9, 1984 , the Palm Desert City Council adopted Ordinance No . 386 , which approved a development agreement for 293 residential lots on property described in Exhibit l of the ordinance . Enclosed for your records is a copy of the aforementioned ordinance , which was recorded in the Office of the County Recorder on February 18 , 1986 , as Document No . 36692 . If you have any questions or require any additional information , please do not hesitate to contact us . Sincerely, / SHEILA R. GILLIGAN CITY CLERK SRG :mpf Enclosure (as noted) CC ., Department of Community Services r i RECORDING REOUESTED BY , AND WHEN RECORDED , MAIL TO : CITY CLERK' S OFFICE CITY OF PALM DESERT - p 73-SIO FRED WARING DRIVE PALM DESERT , CA 92260 v d I w�4 �s 1 8%31� cc 0 O d co _ t� W U.0 Wus W v Ul FOR TILE BZUE _T OF TI E CITY i_' FAL)". r7.62-lT 1.0 01 THE C:;VT. CODE t 1 I Y ORDINANCE.NO. 386 M AN.ORDINANCE OF THE CITY COUNCIL OF THE CITY C9 OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP BY CHANGING THE ZONE FROM PR-5 TO PR-7 AND APPROVING A DEVELOPMENT AGREEMENT TO FURTHER CONDITION THE ZONE CHANGE. CASE NO. C/Z 84-7 The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: SECTION 1: That a portion of Ordinance No. 107 referencing Section 25.46.1 of the zoning ordinance, the zoning map (Chapter 35.46 of the Palm Desert Municipal Code) is hereby amended to read as shown on the attached Exhibit "A". SECTION 2: That the proposed development agreement is consistent with the . general plan and zoning ordinance and specifically implements a precise plan. SECTION 3: The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSE - APPROVED and ADOPTED by the Palm Desert City Council on this 9th day of August, 1984, by the following vote, to wit: AYES: JACKSON, KELLY, AND SNYDER NOES: NONE ABSENT: PULUQI AND WILSON ABSTAIN: NONE WALTER H. SNYD , M u--i or ATTEST: SHEILA R. GILLIGAN, CJo Clerk City of Palm Desert, Ca ifornia /lr - •� I\''i%�!� l is f'l:�f�. i-i! J"i`_ R. G11A _L:IisfI ILV } e I - I I I F , N I ! , I � I i - (D.P. p6-71 I rRom PR-E _ 70 nn _ 7 i 5, N ,( I ,, I � - F- j i i F.C. (4) , N S.P. - F -- -- -i ! GHWAY i. PC.(4)S.P �., (D.P. II-77) CITY -,F PAUiM DESERT Tv COUNCIL ORDINANCE N0. 3$C� Ah DATE -- ORDINANCE N0. 386 EXHIBIT "B" CATWIL CORPORATION DEVELOPMENT AGREEMENT This agreement, made as of this 27th day .of January 1986, between the City of Palm * Desert, a California municipal corporation (hereinafter "CITY") and CATWIL CORPORATION (hereinafter "DEVELOPER") provides: Recitals 1 . DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1 , attached hereto and made a part hereof (hereinafter "PROPERTY") . DEVELOPER has applied for and been granted s change of zone (C/Z 84-7) of PROPERTY to PR-7 and approval of a precise plan (PP 84-17) to construct 293 residential units on the property. 2. As a condition of approval , CITY has required that the development of PROPERTY be consistent with Precise Plan 84-17 (hereinafter "PROJECT") . 3. DEVELOPER and CITY desire to further memorialize and implement the conditions of said approval and do hereby agree to the following terms and conditions: r i v� � I c� ORDINANCE N0. 386 Agreement 1 . DEVELOPER has been conditionally granted permission by the CITY to construct 293 residential units on 42 acres on the PROPERTY by Change of Zone 84-7, Ordinance No. 386, Precise Plan and Planning Commission Resoclut4cm No. 96d. As a condition of said approval DEVELOPER is required, and hereby agrees to construct PROJECT in substantial compliance with plan on file in the Department of Community Development/Planning. 2. DEVELOPER is required and hereby agrees to record tract map (hereinafter referred to as MAP) encompassing entire PROPERTY prior to issuance of building permits. 3. MAP shall be in substantial compliance with PROJECT and shall delineate all lots with a reference to number of dwelling units on each lots with any proposed phasing. 4. The term of this AGREEMENT shall run with PROPERTY and shall be attached to title of PROPERTY. S. The provisions of this AGREEMENT shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. in the event legal action is brought to enforce any provision hereof, the prevailing party r cd cc ORDINANCE NO. 386 shall be entitled to reasonable attorney's fees together with other legally allowable costs. 6. The AGREEMENT and PROJECT may be reviewed by the City Planning Commission for modifications or termination with final review by the City Council . Minor modifications to PROJECT may be reviewed by staff., . Substantial modifications shall return through the public hearing process and the zoning shall revert to PR-5. Substantial modifications shall include changes In zoning requirements , i .e. , periphery setbacks, building heights, density changes, reduction of off-street parking requirements, and public improvements. 7. The resulting change of zone shall not apply to affordable housing programs. If affordable housing density bonuses are desired, the zoning shall revert to PR-5. 8. The AGREEMENT sha'i I be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 9. Each of the parties hereto covenants and agrees that it has the legal capacity to made the AGREEMENTS herein contained, that each AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly J authcrized afflcial acting in his offici,1l capacity. I' co cc c� ORDINANCE NO. 386 IN WITNESS WHEREOF the parties have executed this AGREEMENT the year and Y I date first above written. CATWI ORP /TfO THEZ11Y OF PAIM DESER II A ZIC. AR^, S. K.E LY, MAYOR (Notarized) ATTEST: 'ORATE ACKNOWLEDGMENT NO.202 ate of On this the_��day of - , /f :/ 191 -,before me, i SS. .ountyof / the undersigned Notary Public,personally appeared personally known tome ��n��<w....'�������•� ❑ proved tome on the basis of satisfactory evidence OFFICIAL SEAL NELEN A. BENNETT r to be the persons)who executed the within instrument as Notary Public.Calilomia Ex e . ��� i; - or on behalf of the corporation therein SAN �oAQVIN COUNTY named,and acknowled ed to me that the corporation executed it. AW c...•.T.a•n.Aa.3.tray 9 P �������� "�•����� WITNESS my hand and official seal. Notary's Signature I � NATIONAL NOTARY ASSOCIATION•23012 VenNn BNo.•P.O.Box 4625•WoodlaM Hills,CA 913U �G ATE ACKNOWLEDGMENT NO,202 n II -tale Of :� j A 4�f, On this the.nA day of '� 19�,before me, v SS. /? / )ounty of 1 , ;, ,� C•'� L� L./1_/1 c �. the undersigned Notary Public,personally appeared r K personally known tome An"&,waa� A& ❑ proved tome on the basis of satisfactory evidence 0 OFFICIAL SEAL HELEN A. BENNETT: to be the person(s)who executed the within instrument as Mary Public—CeNfmniat or on behalf of the corporation therein SAN JOAQUIN COUNTY I` P 0,gF*40,4V 0,a•a aa. a 1919 named,and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary's Signature L NATIONAL NOTARY ASSOCIATION•2=2 Ventura Blvd.•P.O.Sos 4625•WoMIaM Hills.CA 913Sa ORDINANCE NO. 386 EXHIBIT 1 THAT PORTION OF THE WEST HALF OF THE WEST HALF OF SECTION 15, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COACHELLA VALLEY COUNTY WATER DISTRICT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: ! EGINNING AT THE SOUTHWEST'CORNER OF SAID WEST HALF; THENCE NORTH 00002' EAST ALONG THE WESTERLY LINE,OF SAID WEST HALF, 1505.72 FEET; THENCE NORTH 78030' EAST, 337.57 FEET; THENCE SOUTH 89010' EAST, 160.45 FEET, MORE OR LESS, TO THE SOUTHWESTERLY LINE OF WHITE14ATER RIVER CHANNELL AS SHOWN IN RECORD OF SURVEY AND LAND SURVEYOR'S MAP NO. 25C, RIVERSIDE COUNTY RECORDS; THENCE ALONG THE SAID SOUTHWESTERLY LINE WITH A BEARING OF SOUTH 65025' EAST, 922.45 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THE SAID WEST HALF; THENCE SOUTH ALONG THE SAID EASTERLY LINE, 1181.55 FEET, TO THE SOUTHERLY LINE OF THE SAID WEST HALF; THENCE SOUTH 89046, WEST ALONG SAID SOUTHERLY LINE 1330.95 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE SOUTHERLY 44 FEET THEREOF, AS CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED JANUARY 20, 1959 AS INSTRUMENT NO. 5069: ALSO EXCEPT THAT PORTION CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED MAY 11, 1972 AS INSTRUMENT NO. 61557 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED MAY 24, 1972 AS INSTRUMENT No. 68067 OF OFFICIAL RECORDS. ORDINANCE NO. 8b EXHIBIT "B" CATWIL CORPORATION DEVELOPMENT AGREEMENT This agreement, made as of this loth day of March 1986, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and CATWIL CORPORATION (hereinafter "DEVELOPER") provides: Recitals 1 . DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1 , attached hereto and made a part hereof (hereinafter "PROPERTY") . DEVELOPER has applied for and been granted a change of zone (C/Z 84-7) of PROPERTY to PR-7 and approval of a precise plan (PP 84-17) to construct 293 residential units on the property. 2. As a condition of approval , CITY has required that the development of PROPERTY be consistent with Precise Plan 84-17 (hereinafter "PROJECT") . 3. DEVELOPER and CITY desire to further memorialize and implement the conditions of said approval and do hereby agree to the following terms and conditions: r II ORDINANCE NO. Agreement I . DEVELOPER has been conditionally granted permission by the CITY to construct 293 residential units on 42 acres on the PROPERTY by Change of Zone 84-7, Ordinance No. 386, Precise Plan and Planning Commission Resolution No. 964. As a condition of said approval DEVELOPER is required, and hereby agrees to construct PROJECT in substantial compliance with plan on file in the Department of Community Development/Planning. 2. DEVELOPER is required and hereby agrees to record tract map (hereinafter referred to as MAP) encompassing entire PROPERTY prior to issuance of building permits. 3. MAP shall be In substantial compliance with PROJECT and shall delineate all lots with a reference to number of dwelling units on each lots with any proposed phasing. 4. The term of this AGREEMENT shall run with PROPERTY and shall be attached to title of PROPERTY. S. The provisions of this AGREEMENT shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the prevailing party r 1 ORDINANCE NO. shall be entitled to reasonable attorney's fees together with other legally allowable costs. 6. The AGREEMENT and PROJECT may be reviewed by the City Planning Commission for modifications or termination with final review by the City Council . Minor modifications to PROJECT may be reviewed by staff. Substantial modifications shall return through the public hearing process and the zoning shall revert to PR-5. Substantial modifications shall include changes in zoning requirements , i .e. , periphery setbacks, building heights, density changes, reduction of off-street parking requirements, and public improvements. 7. The resulting change of zone shall not apply to affordable housing programs. If affordable housing density bonuses are desired, the zoning shall revert to PR-5. 8. The AGREEMENT shall be construed .according to the laws of the State of California. If any portion of the AGREEMENT Is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 9. Each of the parties hereto covenants and agrees that it has the legal capacity to made the AGREEMENTS herein contained, that each AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. P • ORDINANCE NO. IN WITNESS WHEREOF the parties have executed this AGREEMENT the year and date first above written. I CA AT ON 1 THE Cl Y OF P CM ESE T - (Notarized) ATTEST: I CORPORATE ACKNOWLEDGMENT NO.2o2 State of CALIFORNAI On this the LOTH day of MARCH 19 86 ,before me, SS. County of SAN JOAQUIN JANICE L. HENRICKSEN the undersigned Notary Public,personally appeared BARTON R. ROBERTSON personally known to me O �rere�4o-rAe[>Frthe�assb#satisfaetoryeri9enee AMU L 11119MOM to be the person(.)who executed the within instrument as wPRESIDENT or on behalf of the corporation therein named,and acknowledged to me that the corporation executed it. Wm ttw•AWA fl my hand and official s al. n Notary's Signature 70122rwde s,CA � ]120 f22 NATIONAL NOTARY ASSOCIATION•23012 Venture BNtl.•P.O.Box 4825•Woatllentl Hills,CA 91364 r i 4 �r Ate A / E V ^"n I I I i I 6 I 1 � —, h N I F , N I .. i N I - -- -f?R S.P. BRED (D.P. 06-78) WA2W6 DR. .:•v .•r. u i -- /NNN1N I . j FROM PR-5 TO PR- 7 2;-77)_ a.F I I I I I P..C. (4) , N _ S. P. I F -I ! GHWAY i. - PC.(4)S.P (D.P. 11-77) 0 CITY ^F PALM DESERT TY COUNCIL •E K, ORDINANCE NO, K h�G Li)u A DATE -- i ORDINANCE NO. 386 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP BY CHANGING THE ZONE FROM PR-5 TO PR-7 AND APPROVING A DEVELOPMENT AGREEMENT TO FURTHER CONDITION THE ZONE CHANGE. CASE � /Z 84-7 The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: SECTION 1: That a portion of Ordinance No. 107 referencing Section 25.46.1 of the zoning ordinance, the zoning map (Chapter 35.46 of the Palm Desert Municipal Code) is hereby amended to read as shown on the attached Exhibit "A". SECTION 2: That the proposed development agreement is consistent with the general plan and zoning ordinance and specifically implements a precise plan. SECTION 3: The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED by the Palm Desert City Council on this 9th day of August, 1984, by the following vote, to wit: AYES: JACKSON, KELLY, AND SNYDER NOES: NONE ABSENT: PULUQI AND WILSON ABSTAIN: NONE WALTER H. SNYDER, M or ATTEST: SHEILA R. GI IGAN, C' Clerk City of Palm Desert, Ca ifornia /lr ' � z ORDINANCE NO. 386 appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. 6. The AGREEMENT and PROJECT may be reviewed by; the City Planning Commission for modifications or termination with final review by the City Council. Minor modifications to PROJECT may be reviewed by staff. Substantial modifications shall return through the public hearing process and the zoning shall revert to PR-5. Substantial modifications shall include changes in zoning requirements, i.e., periphery setbacks, building heights, density changes, reduction of off-street parking requirements, and public improvements. 7. The resulting change of zone shall not apply to affordable housing programs. If affordable housing density bonuses are desired, the zoning shall revert to PR-5. i 8. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 9. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official 1 acting in his official capacity. IN WITNESS WHEREOF the parties have executed this AGREEMENT the year and date first above written. INDIAN WELLS/PALM DESERT PARTNERSHIP THE CITY OF PALM DESERT (Notarized) ATTEST: -3- i r � ORDINANCE NO. 386 EXHIBIT "B" INDIAN WELLS, PALM DESERT PARTNERSHIP DEVELOPMENT AGREEMENT This agreement, made as of this 9th day of August 1984, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Indian Wells, Palm Desert Partnership, (hereinafter "DEVELOPER") provides: Recitals 1. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1, attached hereto and made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and been granted a change of zone (C/Z 84-7) of PROPERTY to PR-7 and approval of a precise plan (PP 84-17) to construct 293 residential units on the property. 2. As a condition of approval, CITY has required that the development of PROPERTY be consistent with Precise Plan 84-17 (hereinafter "PROJECT"). 3. DEVELOPER and CITY desire to further memorialize and implement the conditions of said approval and do hereby agree to the following terms and conditions: Agreement 1. DEVELOPER has been conditionally granted permission by the CITY to construct 293 residential units on 42 acres on the PROPERTY by Change of Zone 84-7, Ordinance No. 386, Precise Plan and Planning Commission Resolution No. 964. As a condition of said approval DEVELOPER is required, and hereby agrees to construct PROJECT in substantial compliance with plan on file in the Department of Environmental Services. 2. DEVELOPER is required and hereby agrees to record tract map (hereinafter referred to as MAP) encompassing entire PROPERTY prior to issuance of building permits. 3. MAP shall be in substantial compliance with PROJECT and shall delineate all lots with a reference to number of dwelling units on each lots with any proposed phasing. 4. The term of this AGREEMENT shall run with PROPERTY and shall be attached to title of PROPERTY. 5. The provisions of this AGREEMENT shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by -2- f " ORDINANCE NO. 386 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP BY CHANGING THE ZONE FROM PR-5 TO PR-7 AND APPROVING A DEVELOPMENT AGREEMENT TO FURTHER CONDITION THE ZONE CHANGE. CASE NO. C/Z 84-7 The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: SECTION 1: That a portion of Ordinance No. 107 referencing Section 25.46.1 of the zoning ordinance, the zoning map (Chapter 35.46 of the Palm Desert Municipal Code) is hereby amended to read as shown on the attached Exhibit "A". SECTION 2: That the proposed development agreement is consistent with the general plan and zoning ordinance and specifically implements a precise plan. SECTION 3: The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED by the Palm Desert City Council on this day of , 1984, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: WALTER H. SNYDER, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California /lr sN 3� , Ile ' N jll L 1. - _. N i I' N i I I I i I I i I i -- S.P. la ( D.P. 06-78) L, , •- r' 'i � I PROM Pp-s 7 '�, .I 1• TO PR - 7 I - i r-- � l I � I i . i FC. (4) , N S.P. ` E -iiGHWAY i. P.C.(4)S.P � . (D.P. II-77) I . CITY ^F PALM DESERT C TY COUNCIL ORDINANCE N0. DATE ORDINANCE NO. EXHIBIT INDIAN WELLS, PALM DESERT PARTNERSHIP DEVELOPMENT AGREEMENT This agreement, made as of this _ day of , 1984, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Indian Wells, Palm Desert Partnership, (hereinafter "DEVELOPER") provides: Recitals 1. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1, attached hereto and made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and been granted a change of zone (C/Z 84-7) of PROPERTY to PR-7 and approval of a precise plan (PP 84-17) to construct 293 residential units on the property. 2. As a condition of approval, CITY has required that the development of PROPERTY be consistent with Precise Plan 84-17 (hereinafter "PROJECT"). 3. DEVELOPER and CITY desire to further memorialize and implement the conditions of said approval and do hereby agree to the following terms and conditions: Agreement 1. DEVELOPER has been conditionally granted permission by the CITY to construct 293 residential units on 42 acres on the PROPERTY by Change of Zone 84-7, Ordinance No. , Precise Plan and Planning Commission Resolution No. 964. As a condition of said approval DEVELOPER is required, and hereby agrees to construct PROJECT in substantial compliance with plan on file in the Department of Environmental Services. 2. DEVELOPER is required and hereby agrees to record tract map (hereinafter referred to as MAP) encompassing entire PROPERTY prior to issuance of building permits. 3. MAP shall be in substantial compliance with PROJECT and shall delineate all lots with a reference to number of dwelling units on each lots with any proposed phasing. 4. The term of this AGREEMENT shall run with PROPERTY and shall be attached to title of PROPERTY. 5. The provisions of this AGREEMENT shall run with, burden and bind the -2- 1 ORDINANCE NO. DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. 6. The AGREEMENT and PROJECT may be reviewed by the City Planning Commission for modifications or termination with final review by the City Council. Minor modifications to PROJECT may be reviewed by staff. Substantial modifications shall return through the public hearing process and the zoning shall revert to PR-5. Substantial modifications shall include changes in zoning requirements, i.e., periphery setbacks, building heights, density changes, reduction of off-street parking requirements, and public improvements. 7. The resulting change of zone shall not apply to affordable housing programs. If affordable housing density bonuses are desired, the zoning shall revert to PR-5. 8. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 9. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. IN WITNESS WHEREOF the parties have executed this AGREEMENT the year and date first above written. INDIAN WELLS/PALM DESERT PARTNERSHIP THE CITY OF PALM DESERT (Notarized) ATTEST: -3- f MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 1984 B. Case No. C/Z 84-10 and PM 19978 - ERNEST W. HAHN and PSOMAS do ASSOCIATES, Applicants Approval of a change of zone from PR-6, S.P. (Planned Residential, max. 6 dwelling units per acre, scenic_ preservation overlay) to PC (3) S.P. (Regional Commercial, scenic preservation overlay) and parcel map to divide one lot into two lots in order to allow additional parking and relocated walls and landscaping, located on the south side of Fred Waring Drive, between El Paseo and Fairhaven Drive. Mr. Diaz gave the staff report and explained that this request was for the purpose of providing additional parking for the fifth major department store soon to open at the Palm Desert Town Center. Chairman Crites opened the public hearing and asked if the applicant wished to make a presentation. The applicant was not present. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the public hearing was closed. Moved by Commissioner Richards, seconded by Commissioner Wood, to approve the findings as presented by staff. Carried unanimously 5-0. Moved by Commissioner Richards, seconded by Commissioner Wood, to adopt Planning Commission Resolution No. 962, recommending to the city council approval of C/Z 84-10. Carried unanimously 5-0. Moved by Commissioner Richards, seconded by Commissioner Wood, to adopt Planning Commission Resolution No. 963, approving PM 19978, subject to conditions. Carried unanimously 5-0. C. Case No< C/Z 84-7 PP 84-17, DA-6, INDIAN WELLS-PALM DESERT PARTNER 1P,—Applicant Change of zone from PR-5 to PR-7, a precise plan of design to allow construction of 73 single family detached lots and 220 apartment units and a Negative Declaration of Environmental Impact located at the northeast corner of Fred Waring Drive and Cook Street. Mr. Joy reviewed the staff report and noted a letter was received in opposition from a resident of Valley Palm Estates, west of the site, because the public hearing is during the summer rather than during the season. Staff recommended approval. Commissioner Downs asked if staff talked to Indian Wells. Mr. Joy replied yes and noted that a condition was added regarding access road on to Fred Waring Drive be moved between 600 - 650 feet within the centerline of Cook Street, which would facilitate a better intersection with the property to the south. Adjacent zoning is the same type of density. Chairman Crites asked when the legal notices were mailed. Mr. Joy replied 11 days prior to the hearing. Chairman Crites noted one of the complaints of the letter received from Mr. Daniel A. Glaser was that he did not receive notice in proper time. This matter was thoroughly discussed and commission concluded that it would be an item of discussion at the next study session. Chairman Crites opened the public hearing and asked if the applicant wished to make a presentation. MR. CHUCK STROTHERS, agent, described the project and felt the city needed more single family quality housing. -3- MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 1984 Commissioner Richards asked Mr. Strothers who the owners were. Mr. Strothers replied the primary owners were: Robert Richwayne and Max Freeman of Northern California. Commissioner Richards asked what the size of the units would be and the prices. Mr. Strothers replied they would range from 1100 to 1600 sq.ft. with prices of $120,000 to $145,000. Commissioner Richards asked if the amenities would also be shared with the single family residents. Mr. Strothers replied that it was not their intention. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. MS. PRUDENCE CLOVER, of Los Lagos, asked if they would be 1 or 2 story buildings. Mr. Joy replied that the apartments would be two-story, the single family one- story- Chairman Crites closed the public hearing. Mr. Joy at this time noted that an additional condition would read: "Tennis courts are to be set back 10 feet from property line and sunken 4 feet." Commissioner Richards felt it was a good project. Moved by Commissioner Richards, seconded by Commissioner Downs, to approve the findings as recommended by staff. Carried unanimously 5-0. Moved by Commissioner Richards, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 964, recommending approval of C/Z 84-7, PP 84-17, DA-6 and a Negative Declaration of Environmental Impact to the city council subject to amended conditions. Carried unanimously 5-0. D. Case No. CUP 84-5, HOUSLEY ASSOCIATES, Inc., Applicant Request for approval to allow use of an existing structure for a professional office in a multiple family residential zone located, on the south side of Larrea, 135 feet west of Lantana. Moved by Commissioner Wood, seconded by Commissioner Downs, to continue request to the meeting of July 17, 1984, at 2:00 p.m. Carried unanimously 5-0. E. Case Nos. PP 84-16 and VAR 84-2 - MR. & MRS. VICTOR MIHAJSON and ANTON BERKET, Applicants Approval of a precise plan of design to allow construction of a 4,000 sq.ft. furniture store and a variance to reduce the required front setback from 5 feet to 8 inches in the C- 1, S.P. (General Commercial, scenic preservation overlay) located on the north side of Highway I I I (frontage road) 80 feet west of Las Palmas Drive. Mr. Diaz gave the staff report and recommended approval. Chairman Crites opened the public hearing and asked if the applicant wished to make a presentation. -4- City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: June 19, 1984 REQUEST- Change of zone from PR-5 to PR-7, a precise plan of design to allow construction of 73 single family detached lots and 220 apartment units and a Negative Declaration of Environmental Impact located at the northeast corner of Fred Waring Drive and Cook Street. CASE NOS: C/Z 84= , P 84-17, DA-6 APPLICANT: INDIAN WELLS-PALM DESERT PARTNERSHIP c/o CRS Development 74-990 Velie Way Palm Desert, CA 92260 L BACKGROUND: A. SITE DESCRIPTION: The site is flat unimproved with overhead utility lines along Fred Waring Drive. B. ADJACENT ZONING AND LAND USE: North: Open Space/Whitewater Channel South: R-1 (Indian Wells)/Vacant Land East: R-1 7,200 (County Zoning)/Vacant Land West: PR-6, P/Valley Palm Estates and Future High School site currently vacant land-Sports Complex C. GENERAL PLAN LAND USE DESIGNATION: Medium density residential 5-7 d.u./acre II. APPLICATION DESCRIPTION: The applicant's main intentions are to acquire PR-7 zoning before starting development on the property which is in compliance with the city's general plan. Staff feels the site is acceptable for the top end of the density range due to access onto two major thoroughfares and a third boundary being a storm water channel. A requirement of rezoning in the PR zone is the filing of a precise plan which the applicant has provided. Staff has required the applicant to enter into a development agreement to further assure the city that this will be the project that will be built. Any substantial change in the plan and the zoning will revert to PR-5 and the applicnat must refile applications over. Normally a tract map accompanies an application of this sort. However, in this case the applicant wants to be assured of zoning and site plan prior to paying engineering costs for preparation of a map. M. PRECISE PLAN: A. SITE PLAN The plan consists of a mixed-use residential concept of both apartments and single family detached. The two uses are divided in a north/south configuration with the single family lots closest to Fred Waring Drive and having a density of 3.8 d.u./acre with the apartments adjacent to the channel and having a density of 9.6 d.u./acre. This type of arrangement mitigates r Staff Report C/Z 84-7, PP 84-17, DA-6 June 19, 1984 any opposition to this density by providing low density development (3.8 d.u./acre) adjacent to existing and proposed residential development while locating the higher density (9.6) adjacent to the future high school site and storm water channel. B. INTERIOR ROADWAYS AND PARKING The streets are all proposed to be private and designed to accommodate parking on one side. Off-site parking for the apartments is to be located in bays gaining access from meandering roadways with same situations for covered parking. The single family residences will be required to provide a two-car garage and a driveway at least 20 feet in depth. C. ELEVATIONS AND FLOOR PLANS The apartments will be two-story 21 feet in height and vary in size from 650 sq.ft. one bedroom units to 900 sq.ft. two bedroom units. D. SINGLE FAMILY UNITS The PR section of the code specifically deals with single family detached units by stating that there must be a 10 foot separation between units. The units are tentatively planned to be custom lots so that required side yard setback would be 5 feet. Staff recommends front and rear setbacks to be 15 feet with the exception of garage door openings be set back 20 feet. The maximum height of the homes will be 18 feet and one story. Maximum lot coverage is 40% and minimum d.u. size is 1,000 sq.ft. Staff would still require front yard landscaping and rear yard fencing of the individual lots which is consistent with other custom lot subdivisions in the city. E. PERIMETER TREATMENT AND PUBLIC IMPROVEMENTS The project is to be enclosed on all sides by a 6 foot slumpstone wall with berming and landscaping along street frontages. Along the channel berming and landscaping only is proposed while along the east property line only the wall will be constructed. Also, adjacent to the street frontages staff is requiring an 8 foot meandering sidewalk to be part of the regional bikeway, along with curb and gutter. Overhead utility lines will also have to be undergrounded while the water district is requiring a 15 to 20 foot buffer area adjacent to its pumping facility at Cook Street. Since the facility will be a subdivision, the city will collect park fees along with special school fees currently being collected. Other requirements include participation in a signalization study at the intersection of Cook and Fred Waring. I.V. ANALYSIS: A. FINDINGS: 1. The land use and density resulting from the change of zone will be compatible with adjacent proposed areas due to reasons specified in III-A, previously mentioned. 2. The design of the proposed use complies with the requirements of the zoning ordinance, will be compatible with surrounding uses, and will not depreciate property values in the vicinity due again to reasons specified in III-A while complying with the municipal code and not requiring any variances or adjustments. -2- 1 . Staff Report C/Z 84-7, PP 84-17, DA-6 June 19, 1984 3. The change of zone and precise plan are consistent with the policies of the adopted Palm Desert General Plan in that the site is identified in the plan at the density proposed, while not being injurious to the public peace, health, safety, and general welfare. 4. The proposed development agreement insures compliance with all aspects of the change of zone and precise plan by not allowing the proposed zoning unless implemented by the proposed precise plan, which can not be modified unless the agreement is modified. IV. RECOMMENDATION: Approve the findings and adopt Resolution No. , recommending approval of C/Z 84-71 PP 84-17, DA-6 and a Negative Declaration of Environmental Impact to the city council. V. ATTACHMENTS: A. Draft Resolution B. Exhibits C. Legal Notice D. Comments from Various Agencies E. Plans and Exhibits Prepared by Reviewed and Approved b /lr -3- PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A CHANGE OF ZONE, PRECISE PLAN OF DESIGN, DEVELOPMENT AGREEMENT, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF 293 UNITS AT THE NORTHEAST CORNER OF COOK STREET AND FRED WARING DRIVE. Case Nos. C/Z 84-7, PP 84-17, and DA-6 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of June, 1984, hold a duly noticed public hearing to consider a request by INDIAN WELLS/PALM DESERT PARTNERSHIP for the above mentioned project. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project will not have a negative impact on the environment and a Negative Declaration has been prepared. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments if any, of all interested persons desiring to be heard, said planning commission did find the following facts to exist to justify their actions, as described below: 1. The land use and density resulting from the change of zone will be compatible with adjacent proposed areas. 2. The design of the proposed use complies with the requirements of the zoning ordinance, will be compatible with surrounding uses and will not depreciate property values in the vicinity. 3. The change of zone and precise plan are consistent with the policies of the adopted Palm Desert General Plan and complies with standards for development outlined in the housing element. 4. The proposed development agreement insures compliance with all aspects of the change of zone and precise plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in these cases; 2. That the planning commission does hereby recommend to the city council approval of a change of zone from PR-5 to PR-7 as shown on Exhibit "A", Precise Plan Exhibits "B" and Development Agreement 6 Exhibit "C." 3. A Negative Declaration of Environmental Impact is hereby recommended to city council for approval subject to attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of June, 1984, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A DIAZ, SECRETARY /lr J PLANNING COMMISSION RESOLUTION NO. Conditions of Approval C/Z 84-7 and PP 84-17 Department of Environmental Services: 1. This approval is contingent upon final adoption of the proposed Housing,Element to the Palm Desert General Plan, GPA 84-01 and execution of a development agreement. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, design review and building permits. 3. The development of the property shall conform with all approved exhibits on file with the department of environmental services and to all municipal, state and federal statutes now in force or which here after may be in force. 4. Construction of a portion of said project shall commence within one year from the date of final approval unless a time extension is granted, otherwise said approval shall become null,.void and of no effect whatsoever. 5. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District 6. Provisions for mail service shall be coordinated with the Palm Desert Branch U.S. Postal Service. 7. Location and design of trash enclosures shall be coordinated with Palm Desert Disposal Co. 8. Densely landscaped berm of at least four feet in height shall be provided along Whitewater Channel. 9. Interior roadways shall maintain a minimum width of 28 feet with no parking and 32 feet for parking on one side. 10. Prior to issuance of building permits, developer may have to pay $628 per d.u. for school impact fees. 11. Six foot wall required along south, east, and west property line. 12. All single family residences shall have a two-car garage with minimum 20 foot driveway. 13. There shall be a ten foot separation between single family residences with minimum setbacks as follows: front 15 feet, rear 15 feet, and side 5 feet. 14. Maximum height for single family residences is 18 feet and one story, maximum lot coverage is 40% and minimum d.u. size is 1,000 sq.ft. 15. 20 foot strip surrounding CVWD pump station to be dedicated to CVWD. 16. Location of access road onto Fred Waring Drive to be between 600 and 650 feet from centerline of Cook Street. -2- PLANNING COMMISSION RESOLUTION NO. Fire Marshal 17. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a 2 hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. Fire flow requirements will depend on built-in fire protection provisions of buildings. 18. Install Riverside County super fire hydrants located at each intersection: a. but not greater than 500 feet apart in any direction. b. so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. C. exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shal be painted green. d. curbs shall be painted red 15 feet in either direction from each hydrant. e. hydrants shall not be located closer than 25 feet to any building. 19. Prior to recordation of the final map, the developer shall furnish the original and three copies of the water system plan to the fire marshal for review. 20. Prior to issuance of a building permit, the developer shall furnish the original and 2 copies of the water system plan to the fire marshal for review. Upon approval, one copy will be sent to the building department, and the original will be returned to the developer. 21. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in PP 84-17, C/Z 84-7 is in accordance with the requirements prescribed by the fire marshal." 22. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating, and delivering the required flow. 23. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 24. Fire lanes are required. Department of Public Works: 25. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 26. Drainage facilities shall be provided, per Ordinance No. 218 and the master drainage plan, to the specifications of the director of public works. 27. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 28. Full public improvements, including traffic study lighting, as required by ordinance and the director of public works, shall be installed in accordance with city standards. 29. Improvement plans for water and sewer systems shall be approved by the respective service districts. 30. Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as-built" plans prior to acceptance of the subdivision improvements by the city. 31. All private streets shall be inspected by the engineering department and a standard -3- PLANNING COMMISSION RESOLUTION NO. inspection fee shall be paid. 32. Landscaping maintenance on Cook/Fred Waring shall be provided by the owner. 33. Existing utilities on Cook/Fred Waring shall be undergrounded. 34. Traffic safety striping on Cook/Fred Waring shall be provided to the specifications of the director of public works. A traffic control plan must be submitted to and approved by the director of public works before placing pavement markings. 35. Complete grading plans and specifications shall be _submitted, as required by ordinance, to the city engineer for checking and approval prior to issuance of any permits. 36. Dedication of 11 feet of right-of-way on Cook/Fred Waring shall be done prior to issuance of any permits and approval of plans. 371. Installation of curb and gutter at 43 feet from centerline, matching paving and 8 foot meandering sidewalk on Cook/Fred Waring. 38. Waiver of access to Cook Street except at approved locations shall be granted prior to permit issuance. 39. Offsite improvement plans to be approved by public works department and a surety posted to guarantee the required offsite improvements prior to building permits being issued. 40. Full improvement of interior streets based on residential street standards. 41. Installation of one-half landscaped median in Cook/Fred Waring or cash payment for one-half the cost of landscaped median at the option of the director of public works. 42. Traffic analysis to be prepared for the project. If traffic signals are warranted, the developer shall install them. 43. Size, number and location of driveways to public works specifications. /lr -4- PLANNING COMMISSION RESOLUTION NO. EXHIBIT "C" INDIAN WELLS, PALM DESERT PARTNERSHIP DEVELOPMENT AGREEMENT This agreement, made as of this _ day of , 1984, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Indian Wells, Palm Desert Partnership, (hereinafter "DEVELOPER") provides: Recitals 1. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1, attached hereto and made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and been granted a change of zone (C/Z 84-7) of PROPERTY to PR-7 and approval of a precise plan (PP 84-17) to construct 293 residential units on the property. 2. As a condition of approval, CITY has required that the development of PROPERTY be consistent with Precise Plan 84-17 (hereinafter "PROJECT"). 3. DEVELOPER and CITY desire to further memorialize and implement the conditions of said approval and do hereby agree to the following terms and conditions: Agreement 1. DEVELOPER has been conditionally granted permission by the CITY to construct 293 residential units on 42 acres on the PROPERTY by Change of Zone 84-7, Ordinance No. , Precise Plan and Planning Commission Resolution No. As a condition of said approval DEVELOPER is required, and hereby agrees to construct PROJECT in substantial compliance with plan on file in the Department of Environmental Services. 2. DEVELOPER is required and hereby agrees to record tract map (hereinafter referred to as MAP) encompassing entire PROPERTY prior to issuance of building permits. 3. MAP shall be in substantial compliance with PROJECT and shall delineate all lots with a reference to number of dwelling units on each lots with any proposed phasing. 4. The term of this AGREEMENT shall run with PROPERTY and shall be attached to title of PROPERTY. 5. The provisions of this AGREEMENT shall run with, burden and bind the -5- PLANNING COMMISSION RESOLUTION NO. DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. 6. The AGREEMENT and PROJECT may be reviewed by the City Planning Commission for modifications or termination with final review by the City Council. Minor modifications to PROJECT may be reviewed by staff. Substantial modifications shall return through the public hearing process and the zoning shall revert to PR-5. Substantial modifications shall include changes in zoning requirements, i.e., periphery setbacks, building heights, density changes, reduction of off-street parking requirements, and public improvements. 7. The resulting change of zone shall not apply to affordable housing programs. If affordable housing density bonuses are desired, the zoning shall revert to PR-5. S. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 9. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. IN WITNESS WHEREOF the parties have executed this AGREEMENT the year and date first above written. INDIAN WELLS/PALM DESERT PARTNERSHIP THE CITY OF PALM DESERT (Notarized) ATTEST: -6- i THAT PORTION OF THE WEST HALF OF THE WEST HALF OF SECTION 15, TO.JNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COACHELLA VD VALLEY COUNTY WATER DISTRICT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, q-q DESCRIBED AS FOLLOWS: h $EGINNING AT THE SOUTHWEST'CORNER OF SAID WEST HALF; THENCE NORTH 00002' EAST ALONG THE WESTERLY LINE OF SAID WEST HALF, 1505. 72 FEET- THENCE NORTH 78030' EAST, 337.57 FEET; THENCE SOUTH 89010' EAST, 160.45 FEET, MORE OR LESS, TO THE SOUTHWESTERLY LINE OF WHITEWATER RIVER CHANNELL AS SHOWN IN RECORD OF SURVEY AND LAND SURVEYOR'; MAP NO. 25G, RIVERSIDE COUNTY RECORDS; THENCE ALONG THE SAID SOUTHWESTERLY LINE WITH A BEARING OF SOUTH 65025' EAST, 922.45 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THE SAID WEST HALF; THENCE SOUTH ALONG THE SAID EASTERLY LINE, 1181.55 FEET,. TO THE SOUTHERLY LINE OF THE SAID WEST HALF; THENCE SOUTH 89046' WEST ALONG SAID SOUTHERLY LINE 1330.95 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE SOUTHERLY 44 FEET THEREOF, AS CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED JANUARY 20, 1959 As INSTRL14ENT N0. 5069. ALSO EXCEPT THAT PORTION CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED MAY 11, 1972 AS INSTRUMENT N0. 61557 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED MAY 24, 1972 AS INSTRUMENT N0. 68067 OF OFFICIAL RECORDS. EXHI&IT "A " e2 -acres . 7 units/acre 294 allowable units 73 orivate lots n o r t h 220 apartments 293 ar.I UaI units --_-_-------- 1' 00,_0, k tyg c . � � m tCFp ?..I ro a 1r, DyP, pool 0 y III ti x L 0 0 r4Lb dl ..4q1. tCA __L uF I I W (,2 a,5 a.4 2 Gc L 91�Zs7 IT 14r 15!. f�5a rrgC ' 41 �0�y Lj 's ( U, >4 39 3t, •7 4� 41 9Z 4 44 I� 4G• 97\ 0 --I-- - E I 31 1 x 2`I zs -1 12f. —2s- --2� 7 0 2 to II la 13 II- Is fred Waring drive AND USE PLAN FOR INDIAN WELLS-PALM DESERT PARTNERSHIP ime d en 1h architerl mn.,�- ✓ ..,r..... s ' i �011 residence it 1055 sq. tt. +� street 4 �- garage pool 1 n o r t h typical cul d ' sac tot MAN WELLS-PALM DESERT PARTNERSHIP Kw11RM\\1Y�Y• wYAt NI WI.1�\I MI III YI• I •1V Apal III IIMI� 11141�VYM MAY 31, 1984. CITY OF PALM DESERT LEGAL NOTICE Case Nos. PP 84-17 and C/Z 84-7 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by INDIAN WELLS/PALM DESERT PARTNERSHIP for approval of a change of zone from PR-5 to PR-7 (planned residential, 7 d.u./acre); A precise plan of design to allow development of 73 single family residential lots and 220 apartment units, and a negative declaration of environmental impact as it pertains thereto for property located at the northeast corner of Fred Waring Drive and Cook Street. S POR'T'5 P. R.-5 , N COMPLEX F� R P , N T�� C AI TENTT✓a E SirE fin/ Uj F.4. IS.P. III L- Iy +�4- +t;I ( C.F. �6-78) . N U E mmVC r�XW k/gENG DA, •�������e I 11 LGS ZAGQS DESER ��OP'ZD.NS CC'. SAID Public Hearing will be held on Tuesday, June 19, 1984, at 2:00 p.m., in.the Council Chamber at Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RA,MON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post June 8, 1984 /tm zESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BO); 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE vial 398-2651 DIRECTORS OFFICERS RAYMOND R.RUMMONDS.PRESIDENT LOWELL O WEEKS.GENERAL MANAGER—CHIEF ENGINEER TELLIS CODEKAS,VICE PRESIDENT BERNARDINE SUTTON.SECRETARY JOHN P.POWELL VICTOR B.HARDY.AUDITOR PAUL W.NICHOLS RED WINE ANDSHER RILL,ATTORNEYS STEVE O.BU%TON June 6, 1984 ;::,) . :, r File: 0163. 11 0421. 1 0721. 1 Department of Environmental Services City of Palm Desert Post Office Box 1977 Palm Desert, California 92261 Gentlemen: Subject: Precise Plan 84-17, Change of Zone 84-7, Portion of SW�, Section 15, Township 5 South, Range 6 East, San Bernardino Meridian This area is protected from stormwater flows by the Whitewater River Stormwater Channel and may be considered safe from stormwater flows except in rare instances. This area is designated Zone B on Federal Flood Insurance rate maps which are in effect at this time. There may be erosion of the banks of the stormwater channel during periods of unusual rainfall and discharge. Plans for protective works shall be submitted to the Coachella Valley Water District for review. The District will furnish domestic water and sanitation service to this area in accordance with the current regulations of this District. The District will need additional facilities to provide for the orderly expansion of its sanitation system. The developer will be required to provide land on which some of these facilities will be located. These sites shall be shown on the tract map as lots to be deeded to the District for such purpose. TRUE CONSERVATION USE WATER WISELY w. Department of Environmental Services -2- June 6, 1984 This area shall be annexed to Improvement District Nos. 54 and 80 of Coachella Valley Water District for sanitation service. Yours very truly, Lowell 0. Weeks Gen rat Manager-Chief Engineer CS:ra cc: Riverside County Department of Public Health 46-209 Oasis Street Indio, California 92201 Attention: Don Park JULY 6, 1984 CITY OF PALM DESERT LEGAL NOTICE Case Nos. C/Z 84-7 and PP 84-17 NOTICE 1S HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by INDIAN WELLS/PALM DESERT PARTNERSHIP for approval of a change of zone from PR-5 to PR-7 (planned residential, 7 d.u./acre), a precise plan of design to allow development of 73 single family residential lots and 220 apartment units, and a negative declaration of environmental impact as it pertains thereto for property located at the northeast corner of Fred Waring Drive and Cook Street. r R - 5 ., N N 1 ` •.F 14ri Ti ✓E d 0 ? Y .. .. -, �j LID • I _ C��- i 8 1 SAID Public Hearing will be held on July 26, 1984, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Desert Post July 13, 1984 /trn \ A 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: June 22, 1984 Indian Wells-Palm Desert Partnership c/o CRS Development 74-990 Velie Way Palm Desert, CA 92260 Re: rC/Z 84-7, 84-17, DA-6 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of June 19, 1984. Approved by Planning Commission Resolution No. 964 Any appeal of the above action may be made in writing to the director of environmental services, City of Palm Desert, within fifteen (15) days of the date of the decision. �s+r�i�'0 y%� RAMON A. DIAZ, SECRETARY PLANNING COMMISSION RAD/lcr cc: Coachella Valley Water District File PLANNING COMMISSION RESOLUTION NO. 964 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A CHANGE OF ZONE, PRECISE PLAN OF DESIGN, DEVELOPMENT AGREEMENT, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF 293 UNITS AT THE NORTHEAST CORNER OF COOK STREET AND FRED WARING DRIVE. Case Nos. C/Z 84-7, PP 84-17 and DA-6 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of June, 1984, hold a duly noticed public hearing to consider a request by INDIAN WELLS/PALM DESERT PARTNERSHIP for the above mentioned project. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project will not have a negative impart on the environment and a Negative Declaration has been prepared. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments if any, of all interested persons desiring to be heard, said planning commission did find the following facts to exist to justify their actions, as described below: 1. The land use and density resulting from the change of zone will be compatible with adjacent proposed areas. 2. The design of the proposed use complies with the requirements of the zoning ordinance, will be compatible with surrounding uses and will not depreciate property values in the vicinity. 3. The change of zone and precise plan are consistent with the policies of the adopted Palm Desert General Plan and complies with standards for development outlined in the housing element. 4. The proposed development agreement insures compliance with all aspects of the change of zone and precise plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: I. That the above recitations are true and correct and constitute the findings of the commission in these cases; 2. That the planning commission does hereby recommend to the city council approval of a change of zone from PR-5 to PR-7 as shown on Exhibit ":A", Precise Plan Exhibits "B" and Development Agreement 6 Exhibit "C." 3. A Negative Declaration of Environmental Impact is hereby recommended to city council for approval subject to attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of June, 1984, by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARDS, WOOD, CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE BUFORD CRI"fES, Chairman ATTEST: RAMON A DIAZ, SF-(f. ARY /Ir I - _ PLANNING COMMISSION RESOLUTION NO. 964 Conditions of Approval C/Z 84-7 and PP 84-17 Department of Environmental Services• 1. This approval is contingent upon final adoption of the proposed Housing Element to the Palm Desert General Plan, GPA 84-01 and execution of a development agreement. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, design review and building permits. 3. The development of the property shall conform with all approved exhibits on file with the department of environmental services and to all municipal, state and federal statutes now in force or which here after may be in force. 4. Construction of a portion of said project shall commence within one year from the date of final approval unless a time extension is granted, otherwise said approval shall become null, void and of no effect whatsoever. 5. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District 6. Provisions for mail service shall be coordinated with the Palm Desert Branch U.S. Postal Service. 7. Location and design of trash enclosures shall be coordinated with Palm Desert Disposal Co. 8. Densely landscaped berm of at least four feet in height shall be provided along Whitewater Channel. 9. Interior roadways shall maintain a minimum width of 28 feet with no parking and 32 feet for parking on one side. 10. Prior to issuance of building permits, developer may have to pay $628 per d.u. for school impact fees. 11. Six foot wall required along south, east, and west property line. 12. All single family residences shall have a two-car garage with minimum 20 foot driveway. 13. There shall be a ten foot separation between single family residences with minimum setbacks as follows: front 15 feet, rear 15 feet, and side 5 feet. 14. Maximum height for single family residences is 18 feet and one story, maximum lot coverage is 40% and minimum d.u. size is 1,000 sq.ft. 15. 20 foot strip surrounding CVWD pump station to be dedicated to CVWD. 16. Location of access road onto Fred Waring Drive to be between 600 and 650 feet from centerline of Cook Street. -2- PLANNING COMMISSION RESOLUTION NO. 964 17. Tennis Courts are to be set back 10 feet from property line and sunken four feet. Fire Marshal: 18. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a 2 hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. Fire flow requirements will depend on built-in fire protection provisions of buildings. 19. Install Riverside County super fire hydrants located at each intersection: a. but not greater than 500 feet apart in any direction. b. so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel •nays. C. exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shal be painted green. d. curbs shall be painted red 15 feet in either direction from each hydrant. e. hydrants shall not be located closer than 25 feet to any building. 20. Prior to recordation of the final map, the developer shall furnish the original and three copies of the water system plan to the fire marshal for review. 21. Prior to issuance of a building permit, the developer shall furnish the original and 2 copies of the water system plan to the fire marshal for review. Upon approval, one copy will be sent to the building department, and the original will be returned to the developer. 22. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in PP 84-17, C/Z 84-7 is in accordance with the requirements prescribed by the fire marshal." 23. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating, and delivering the required flow. 24. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 25. Fire lanes are required. Department of Public Works: 26. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 27. Drainage facilities shall be provided, per Ordinance No. 218 and the roaster drainage plan, to the specifications of the director of public works. 28. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 29. Full public improvements, including traffic study lighting, as required by ordinance and the director of public works, shall be installed in accordance with city standards. 30. Improvement plans for water and sewer systems shall be approved by the respective service districts. 31. Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as-built" plans prior to acceptance of the subdivision improvements by the city. -3- PLANNING COMMISSION RESOLUTION NO. 964 32. All private streets shall be inspected by the engineering department and a standard inspection fee shall be paid. 33. Landscaping maintenance on Cook/Fred Waring shall be provided by the owner. 34. Existing utilities on Cook/Fred Waring shall be undergrounded. 35. Traffic safety striping on Cook/Fred Waring shall be provided to the specifications of the director of public works. A traffic control plan must be submitted to and approved by the director of public works before placing pavement markings. 36. Complete grading plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval prior to issuance of any permits. 37. Dedication of 11 feet of right-of-way on Cook/Fred Waring shall be done prior to issuance of any permits and approval of plans. 38. Installation of curb and gutter at 43 feet from centerline, matching paving and 8 foot meandering sidewalk on Cook/Fred Waring. 39. Waiver of access to Cook Street except at approved locations shall be granted prior to permit issuance. 40. Offsite improvement plans to be approved by public works department and a surety posted to guarantee the required offsite improvements prior to building permits being issued. 41. Full improvement of interior streets based on residential street standards. 42. Installation of one-half landscaped median in Cook/Fred Waring or cash payment for one-half the cost of landscaped median at the option of the director of public works. 43. Traffic analysis to be prepared for the project. If traffic signals are warranted, the developer shall install them. 44. Size, number and location of driveways to public works specifications. /Ir -4 PLANNING COMMISSION RESOLUTION NO. 964 EXHIBIT "C" INDIAN WELLS, PALM DESERT PARTNERSHIP DEVELOPMENT AGREEMENT This agreement, made as of this _ day of ______ _, 1984, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Indian Wells, Palm Desert Partnership, (hereinafter "DEVELOPER") provides: Recitals 1. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1, attached hereto and made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and been granted a change of zone (C/Z 84-7) of PROPERTY to PR-7 and approval of a precise plan (PP 84-17) to construct 293 residential units on the property. 2. As a condition of approval, CITY has required that the development of PROPERTY be consistent with Precise Plan 84-17 (hereinafter "PROJECT"). 3. DEVELOPER and CITY desire to further memorialize and implement the conditions of said approval and do hereby agree to the following terms and conditions: Agreement 1. DEVELOPER has been conditionally granted permission by the CITY to construct 293 residential units on 42 acres on the PROPERTY by Change of Zone 84-7, Ordinance No. , Precise Plan and Planning Commission Resolution No. 964. As a condition of said approval DEVELOPER is required, and hereby agrees to construct PROJECT in substantial compliance with plan on file in the Department of Environmental Services. 2. DEVELOPER is required and hereby agrees to record tract map (hereinafter referred to as MAP) encompassing entire PROPERTY prior to issuance of building permits. 3. MAP shall be in substantial compliance with PROJECT and shall delineate all lots with a reference to number of dwelling units on each lots with any proposed phasing. 4. The term of this AGREEMENT shall run with PROPERTY and shall be attached to title of PROPERTY. -5- PLANNING COMMISSION RESOLUTION NO. 964 5. The provisions of this AGREEMENT shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. 6. The AGREEMENT and PROJECT may be reviewed by the City Planning Commission for modifications or termination with final review by the City Council. Minor modifications to PROJECT may be reviewed by staff. Substantial modifications shall return through the public hearing process and the zoning shall revert to PR-5. Substantial modifications shall include changes in zoning requirements, i.e., periphery setbacks, building heights, density changes, reduction of off-street parking requirements, and public improvements. 7. The resulting change of zone shall not apply to affordable housing programs. If affordable housing density bonuses are desired, the zoning shall revert to PR-5. 8. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 9. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. IN WITNESS WHEREOF the parties have executed this AGREEMENT the year and date first above written. INDIAN WELLS/PALM DESERT PARTNERSHIP THE CITY OF PALM DESERT (Notarized) ATTEST: -6- City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: June 19, 1984 REQUEST: Change of zone from PR-5 to PR-7, a precise plan of design to allow construction of 73 single family detached lots and 220 apartment units and a Negative Declaration of Environmental Impact located at the northeast corner of Fred Waring Drive and Cook Street. CASE NOS: C/� Z 84-7, , P 84-17, DA-6 APPLICANT: INDIAN WELLS-PALM DESERT PARTNERSHIP c/o CRS Development 74-990 Velie Way Palm Desert, CA 92260 I. BACKGROUND: A. SITE DESCRIPTION: The site is flat unimproved with overhead utility lines along Fred Waring Drive. B. ADJACENT ZONING AND LAND USE: North: Open Space/Whitewater Channel South: R-1 (Indian Wells)/Vacant Land East: R-1 7,200 (County Zoning)/Vacant Land West: PR-6, P/Valley Palm Estates and Future High School site currently vacant land-Sports Complex C. GENERAL PLAN LAND USE DESIGNATION: Medium density residential 5-7 d.u./acre II. APPLICATION DESCRIPTION: The applicant's main intentions are to acquire PR-7 zoning before starting development on the property which is in compliance with the city's general plan. Staff feels the site is acceptable for the top end of the density range due to access onto two major thoroughfares and a third boundary being a storm water channel. A requirement of rezoning in the PR zone is the filing of a precise plan which the applicant has provided. Staff has required the applicant to enter into a development agreement to further assure the city that this will be the project that will be built. Any substantial change in the plan and the zoning will revert to PR-5 and the applicnat must refile applications over. Normally a tract map accompanies an application of this sort. However, in this case the applicant wants to be assured of zoning and site plan prior to paying engineering costs for preparation of a map. III. PRECISE PLAN: A. SITE PLAN The plan consists of a mixed-use residential concept of both apartments and single family detached. The two uses are divided in a north/south configuration with the single family lots closest to Fred Waring Drive and having a density of 3.8 d.u./acre with the apartments adjacent to the channel and having a density of 9.6 d.u./acre. This type of arrangement mitigates Staff Report C/Z 84-7, PP 84-179 DA-6 June 19, 1984 any opposition to this density by providing low density development (3.8 d.u./acre) adjacent to existing and proposed residential development while locating the higher density (9.6) adjacent to the future high school site and storm water channel. B. INTERIOR ROADWAYS AND PARKING The streets are all proposed to be private and designed to accommodate parking on one side. Off-site parking for the apartments is to be located in bays gaining access from meandering roadways with same situations for covered parking. The single family residences will be required to provide a two-car garage and a driveway at least 20 feet in depth. C. ELEVATIONS AND FLOOR PLANS The apartments will be two-story 21 feet in height and vary in size from 650 sq.ft. one bedroom units to 900 sq.ft. two bedroom units. D. SINGLE FAMILY UNITS The PR section of the code specifically deals with single family detached units by stating that there must be a 10 foot separation between units. The units are tentatively planned to be custom lots so that required side yard setback would be 5 feet. Staff recommends front and rear setbacks to be 15 feet with the exception of garage door openings be set back 20 feet. The maximum height of the homes will be 18 feet and one story. Maximum lot coverage is 40% and minimum d.u. size is 1,000 sq.ft. Staff would still require front yard landscaping and rear yard fencing of the individual lots which is consistent with other custom lot subdivisions in the city. E. PERIMETER TREATMENT AND PUBLIC IMPROVEMENTS The project is to be enclosed on all sides by a 6 foot slumpstone wall with berming and landscaping along street frontages. Along the channel berming and landscaping only is proposed while along the east property line only the wall will be constructed. Also, adjacent to the street frontages staff is requiring an 8 foot meandering sidewalk to be part of the regional bikeway, along with curb and gutter. Overhead utility lines will also have to be undergrounded while the water district is requiring a 15 to 20 foot buffer area adjacent to its pumping facility at Cook Street. Since the facility will be a subdivision, the city will collect park fees along with special school fees currently being collected. Other requirements include participation in a signalization study at the intersection of Cook and Fred Waring. Iv. ANALYSIS• A. FINDINGS: I. The land use and density resulting from the change of zone will be compatible with adjacent proposed areas due to reasons specified in III-A, previously mentioned. 2. The design of the proposed use complies with the requirements of the zoning ordinance, will be compatible with surrounding uses, and will not depreciate property values in the vicinity due again to reasons specified in 111-A while complying with the municipal code and not requiring any variances or adjustments. -2- Staff Report C/Z 84-7, PP 84-17, DA-6 June 19, 1984 3. The change of zone and precise plan are consistent with the policies of the adopted Palm Desert General Plan in that the site is identified in the plan at the density proposed, while not being injurious to the public peace, health, safety, and general welfare. 4. The proposed development agreement insures compliance with all aspects of the change of zone and precise plan by not allowing the proposed zoning unless implemented by the proposed precise plan, which can not be modified unless the agreement is modified. IV. RECOMMENDATION: Approve the findings and adopt Resolution No. , recommending approval of C/Z 84-7, PP 84-17, DA-6 and a Negative Declaration of Environmental Impact to the city council. V. ATTACHMENTS- A. Draft Resolution B. Exhibits C. Legal Notice D. Comments from Various Agencies E. Plans and Exhibits Prepared by �. Reviewed and Approved b •�Ar /lr -3- PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A CHANGE OF ZONE, PRECISE PLAN OF DESIGN, DEVELOPMENT AGREEMENT, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF 293 UNITS AT THE NORTHEAST CORNER OF COOK STREET AND FRED WARING DRIVE. Case Nos. C/Z 84-7, PP 84-17, and DA-6 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of June, 1984, hold a duly noticed public hearing to consider a request by INDIAN WELLS/PALM DESERT PARTNERSHIP for the above mentioned project. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project will not have a negative impact on the environment and a Negative Declaration has been prepared. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments if any, of all interested persons desiring to be heard, said planning commission did find the following facts to exist to justify their actions, as described below: 1. The land use and density resulting from the change of zone will be compatible with adjacent proposed areas. 2. The design of the proposed use complies with the requirements of the zoning ordinance, will be compatible with surrounding uses and will not depreciate property values in the vicinity. 3. The change of zone and precise plan are consistent with the policies of the adopted Palm Desert General Plan and complies with standards for development outlined in the housing element. 4. The proposed development agreement insures compliance with all aspects of the change of zone and precise plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in these cases; 2. That the planning commission does hereby recommend to the city council approval of a change of zone from PR-5 to PR-7 as shown on Exhibit "A", Precise Plan Exhibits "B" and Development Agreement 6 Exhibit "C." 3. A Negative Declaration of Environmental Impact is hereby recommended to city council for approval subject to attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of June, 1984, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A DIAZ, SECRETARY /lr PLANNING COMMISSION RESOLUTION NO. Conditions of Approval C/Z 84-7 and PP 84-17 Department of Environmental Services: 1. This approval is contingent upon final adoption of the proposed Housing Element to the Palm Desert General Plan, GPA 84-01 and execution of a development agreement. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, design review and building permits. 3. The development of the property shall conform with all approved exhibits on file with the department of environmental services and to all municipal, state and federal statutes now in force or which here after may be in force. 4. Construction of a portion of said project shall commence within one year from the date of final approval unless a time extension is granted, otherwise said approval shall become null, void and of no effect whatsoever. 5. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District 6. Provisions for mail service shall be coordinated with the Palm Desert Branch U.S. Postal Service. 7. Location and design of trash enclosures shall be coordinated with Palm Desert Disposal Co. 8. Densely landscaped berm of at least four feet in height shall be provided along Whitewater Channel. 9. Interior roadways shall maintain a minimum width of 28 feet with no parking and 32 feet for parking on one side. 10. Prior to issuance of building permits, developer may have to pay $628 per d.u. for school impact fees. 11. Six foot wall required along south, east, and west property line. 12. All single family residences shall have a two-car garage with minimum 20 foot driveway. 13. There shall be a ten foot separation between single family residences with minimum setbacks as follows: front 15 feet, rear 15 feet, and side 5 feet. 14. Maximum height for single family residences is 18 feet and one story, maximum lot coverage is 40% and minimum d.u. size is 1,000 sq.ft. 15. 20 foot strip surrounding CVWD pump station to be dedicated to CVWD. 16. Location of access road onto Fred Waring Drive to be between 600 and 650 feet from centerline of Cook Street. -2- PLANNING COMMISSION RESOLUTION NO. Fire Marshal: 17. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a 2 hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. Fire flow requirements will depend on built-in fire protection provisions of buildings. 18. Install Riverside County super fire hydrants located at each intersection: a. but not greater than 500 feet apart in any direction. b. so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. C. exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shal be painted green. d. curbs shall be painted red 15 feet in either direction from each hydrant. e. hydrants shall not be located closer than 25 feet to any building. 19. Prior to recordation of the final map, the developer shall furnish the original and three copies of the water system plan to the fire marshal for review. 20. Prior to issuance of a building permit, the developer shall furnish the original and 2 copies of the water system plan to the fire marshal for review. Upon approval, one copy will be sent to the building department, and the original will be returned to the developer. 21. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in PP 84-17, C/Z 84-7 is in accordance with the requirements prescribed by the fire marshal." 22. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating, and delivering the required flow. 23. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 24. Fire lanes are required. Department of Public Works: 25. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 26. Drainage facilities shall be provided, per Ordinance No. 218 and the master drainage plan, to the specifications of the director of public works. 27. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 28. Full public improvements, including traffic study lighting, as required by ordinance and the director of public works, shall be installed in accordance with city standards. 29. Improvement plans for water and sewer systems shall be approved by the respective service districts. 30. Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as-built" plans prior to acceptance of the subdivision improvements by the city. 31. All private streets shall be inspected by the engineering department and a standard -3- PLANNING COMMISSION RESOLUTION NO. inspection fee shall be paid. 32. Landscaping maintenance on Cook/Fred Waring shall be provided by the owner. 33. Existing utilities on Cook/Fred Waring shall be undergrounded. 34. Traffic safety striping on Cook/Fred Waring shall be provided to the specifications of the director of public works. A traffic control plan must be submitted to and approved by the director of public works before placing pavement markings. 35. Complete grading plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval prior to issuance of any permits. 36. Dedication of 11 feet of right-of-way on Cook/Fred Waring shall be done prior to issuance of any permits and approval of plans. 37. Installation of curb and gutter at 43 feet from centerline, matching paving and 8 foot meandering sidewalk on Cook/Fred Waring. 38. Waiver of access to Cook Street except at approved locations shall be granted prior to permit issuance. 39. Offsite improvement plans to be approved by public works department and a surety posted to guarantee the required offsite improvements prior to building permits being issued. 40. Full improvement of interior streets based on residential street standards. 41. Installation of one-half landscaped median in Cook/Fred Waring or cash payment for one-half the cost of landscaped median at the option of the director of public works. 42. Traffic analysis to be prepared for the project. If traffic signals are warranted, the developer shall install them. 43. Size, number and location of driveways to public works specifications. /lr -4- PLANNING COMMISSION RESOLUTION NO. n EXHIBIT n C INDIAN WELLS, PALM DESERT PARTNERSHIP DEVELOPMENT AGREEMENT This agreement, made as of this _ day of , 1984, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Indian Wells, Palm Desert Partnership, (hereinafter "DEVELOPER") provides: Recitals 1. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1, attached hereto and made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and been granted a change of zone (C/Z 84-7) of PROPERTY to PR-7 and approval of a precise plan (PP 84-17) to construct 293 residential units on the property. 2. As a condition of approval, CITY has required that the development of PROPERTY be consistent with Precise Plan 84-17 (hereinafter "PROJECT"). 3. DEVELOPER and CITY desire to further memorialize and implement the conditions of said approval and do hereby agree to the following terms and conditions: Agreement 1. DEVELOPER has been conditionally granted permission by the CITY to construct 293 residential units on 42 acres on the PROPERTY by Change of Zone 84-7, Ordinance No. , Precise Plan and Planning Commission Resolution No. As a condition of said approval DEVELOPER is required, and hereby agrees to construct PROJECT in substantial compliance with plan on file in the Department of Environmental Services. 2. DEVELOPER is required and hereby agrees to record tract map (hereinafter referred to as MAP) encompassing entire PROPERTY prior to issuance of building permits. 3. MAP shall be in substantial compliance with PROJECT and shall delineate all lots with a reference to number of dwelling units on each lots with any proposed phasing. 4. The term of this AGREEMENT shall run with PROPERTY and shall be attached to title of PROPERTY. 5. The provisions of this AGREEMENT shall run with, burden and bind the -5- PLANNING COMMISSION RESOLUTION NO. DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. 6. The AGREEMENT and PROJECT may be reviewed by the City Planning Commission for modifications or termination with final review by the City Council. Minor modifications to PROJECT may be reviewed by staff. Substantial modifications shall return through the public hearing process and the zoning shall revert to PR-5. Substantial modifications shall include changes in zoning requirements, i.e., periphery setbacks, building heights, density changes, reduction of off-street parking requirements, and public improvements. 7. The resulting change of zone shall not apply to affordable housing programs. If affordable housing density bonuses are desired, the zoning shall revert to PR-5. 8. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 9. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. IN WITNESS WHEREOF the parties have executed this AGREEMENT the year and date first above written. INDIAN WELLS/PALM DESERT PARTNERSHIP THE CITY OF PALM DESERT (Notarized) ATTEST: -6 THAT PORTION OF THE WEST HALF OF THE WEST HALF OF SECTION 15, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COACHELLA VALLEY COUNTY WATER DISTRICT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: QD $EGINNING AT THE SOUTHWEST'CORNER OF SAID WEST HALF; THENCE NORTH 00002' .� EAST ALONG THE WESTERLY LINE OF SAID WEST HALF 1505.72 FEET; THENCE NORTH 78030' EAST, 337. 57 FEET; THENCE SOUTH 89010' EAST, 160.45 FEET, MORE OR LESS, TO THE SOUTHWESTERLY LINE OF 6/HITE14ATER RIVER CHANNELL AS SHOWN IN RECORD OF SURVEY AND LAND SURVEYOR'S MAP N0. 250, RIVERSIDE COUNTY RECORDS; THENCE ALONG THE SAID SOUTHWESTERLY LINE WITH A BEARING OF SOUTH 65025' EAST, 922. 45 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THE SAID WEST HALF; THENCE SOUTH ALONG THE SAID EASTERLY LINE, 1181.55 FEET, TO THE SOUTHERLY LINE OF THE SAID WEST HALF; THENCE SOUTH 89046, WEST ALONG SAID SOUTHERLY LINE 1330.95 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE SOUTHERLY 44 FEET THEREOF, AS CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED JANUARY 20, 1959 AS INSTRUMENT NO. 5069. ALSO EXCEPT THAT PORTION CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED MAY 11, 1972 AS INSTRUMENT NO. 61557 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED MAY 24, 1972 AS INSTRUMENT N0. 68067 OF OFFICIAL RECORDS. EXHIBIT "P " i �I 42 aCre.s r '7 units/aCre 294 allowable units 73 private I is n o r t h 220 apartments 293 actual unit.^. 1" 00'-0' L IV �y5 c ooQ `t o Qs J�• pool � �d � �I3i�'O �. _ r 0 t:,\ o . I I 61 b2 63 164 I L3J ' .sl — - — 4.- In e. 44 .It 46. 147 Q I -51I 2rf V ;1 12( 2` 2� 1.s 9 Irea w a r I n g drive AND USE PLAN FOR INDIAN WELLS—PALM DESERT PARTNERSHIP I I j residence i1055 sq. ft. 0 R street i r • I Y I i garage pool 1 n o r t h typical cul d ' sac lot MAN WELLS-PALM DESERT PARTNERSHIP VWII(I W��11wM•\\MWy� 1111 Y.1/Y�\VMI III YI• I IIIYW\I 111�\II�II�1• ) 111111VMI III\I IM OIN Y MAY 31, 1984 CITY OF PALM DESERT LEGAL NOTICE Case Nos. PP 84-17 and C/Z 84-7 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by INDIAN WELLS/PALM DESERT PARTNERSHIP for approval of a change of zone from PR-5 to PR-7 (planned residential, 7 d.u./acre); A precise plan of design to allow development of 73 single family residential lots and 220 apartment units, and a negative declaration of environmental impact as it pertains thereto for property located at the northeast corner of Fred Waring Drive and Cook Street. S PoR'T5 P. R.-5 , N COMPLEX P , N 7TEnlr4T✓E STE IiAn/ 6 0. I0.F. Q6-78) 5` 9ro J" ~ iQQ off '" N U E T LAW '�rrW WA G.,DF ^ �' 'INeeeoioe y ,,r O�5'ERI �aoP. ZD"/s C;G LCS LAGQS SAID Public Hearing will be held on Tuesday, June 19, 1984, at 2:00 p.m., in.the Council Chamber at Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAiMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post June 8, 1984 Arn ESTABLISHED IN 1918 AS A PUBLIC AGENCY �7S7RIC� COACHELLA VALLEY WATER DISTRICT POST OFFICE HOx 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE 1?14) 396-2651 DIRECTORS OFFICERS RAYMONO EKAS.MON S.PRESIDENT OFFICERS WEEKS.GENERALMANAGER-CHIEF ENGINEER TELJOHN PS POEKAS.VILE PRESIDENT BERNARDINE SUTTON.SECRETARY PAUL P.POWELL VICTOR B.HARDY.AUDITOR PAUL W.N UXTONCHOLS REDWINE AND SHERRILL.ATTORNEYS STEVE D.BUkiON June 6, 1984 �.�] _ File: 0163. 11 0421. 1 0721. 1 Department of Environmental Services City of Palm Desert Post Office Box 1977 Palm Desert, California 92261 Gentlemen: Subject: Precise Plan 84-17, Change of Zane 84-7, Portion of SW�, Section 15, Township 5 South, Range 6 East, San Bernardino Meridian This area is protected from stormwater flows by the Whitewater River Stormwater Channel and may be considered safe from stormwater flows except in rare instances. This area is designated "Gone B on Federal Flood Insurance rate maps which are in effect at this time. There may be erosion of the banks of the stormwater channel during periods of unusual rainfall and discharge. Plans for protective works shall be submitted to the Coachella Valley Water District for review. The District will furnish domestic water and sanitation service to this area in accordance with the current regulations of this District. The District will need additional facilities to provide for the orderly expansion of its sanitation system. The developer will be required to provide land on which some of these facilities will be located. These sites shall be shown on the tract map as lots to be deeded to the District for such purpose. TRUE CONSERVATION USE WATER WISELY { Department of Environmental Services -2- June 6, 1984 This area shall be annexed to Improvement District Nos. 54 and 80 of Coachella Valley Water District for sanitation service. Yours very truly, 47 Lowell 0. Weeks Gen ral Manager-Chief Engineer. CS:ra cc: Riverside County Department of Public Health 46-209 Oasis Street Indio, California 92201 Attention: Don Park R r PROOF OF PII&CATION This space Is fable County Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Riverside I am a citizen of the United States and a CITY OF - PALM DESERT `. resident of the County aforesaid; I am over the age of eighteen years, and not a party to Proof of Publication of or Interested In the above-entitled matter. I —� am the principal clerk of the printer of the CASE NOS . PP 84-17 , ;C/Z 84-7 DESERT POST ....................... ..................................... . .................. Paste Clipping .............................................. :..... of Notice a newspaper of general circulation, printed .SECURELY and published ......ai.:YlO.@hJ.Y............. In This Space in the City of .......RA".PWIAOXL........, cyiiccruiioEseti ` County of Riverside, and which news- Y 1Mawnw;r paper has been adjudged a newspaper general 'circulation by the Superior NOTICE IS NEPESYe hWd data Of PWeo IMadry wk be * Eel«e Iba'Palrrt pun r A rala Con. . - Court of The County of Riverside. State of mWbt m WOker a rINDIAN , DES by •" ERT PN1tNEf18NIP'tor ap«oral.of o - California, under the date of,;,7,0LS 19 .6.4, ".-Chat amne Imm PR5 In PR-7 tDlerneC rttlEenoa4 7 dulaerok a Gaaee Phn of oesw to Slip„ ' oewlogYe,a,of,73 "WIS family _ '•, Case Number ..&30.6......; that the notice, mfOw thl bb aM Z!0 sa i I*I of which the annexed is a printed copy (set units,amtenegatim wflon of wt krow alit pnertakra in type not smaller than nonpareil), has °"�'°'°`0°0'° b4eWafing ftmaael.Wier d F�% at the been published in each regular and entire Drne.na0oe►6tmei _, SAID PuWollartap win"naN m, issue of said newspaper and not 1n any Tweft%.Ama to, INN..at:290 supplement thereof on the following dates, PPaamD «tOtyKa`n,13-510Fred to-wit: Waring Ort". Palm 'Demon. Cant«ree.at wNoh nine Wall Gaon an Street o pere«u arc united to ................6�8..............................., - attweta,gbenaard - all in the year 19.64. PAWNs ADIn - ;,w",�;.'4..:.Peen peen - I certify (or declare) under penalty of ievabs ,t ion perjury that the foregoing Is true and correct. Dated at..,,,,p.alm Desert .................... California,this...... ...dayof.June, 19 .84 Free copies at this bunk lwm may be aesYraa from I CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. .Legal Advertising Clearing House 120 west Second St., Los Angeles, Calif. 90012 Telephone. (213) 625.2541 Plies f"ahat 04 N 6 h AL Proat at Pybllaatla ' alha oraarlha this(arlll. STATE OF CALIFORNIA, County of San Joaquin ss. On this 12th, day of June in the year 1984 befomme Carolyn nijalvn a Notary Public, State of California, duly commissioned and swom, personally appeared ROBERT J. RISHWAIN of Freeman & Rishwain which �uw�w�a,�.an�►���s.�e is one of the partners of INDIAN WELLS - PALM OFFICIAL SEAL a ♦' 40 ?' :1 CAROLYN QUIJALVO / personally known tome(or proved tome on the basis of satisfactory evidence)to be one of the. Q rk IQOTARY PUBLIC-CALIFORNIA ; partners of the partnership that executed the within instrument,and acknowledged tome that ; I SAN JOAQUIN COUNTY w ■ My Commission Ezpires 00. 26, 1954 such partnership executed the same. vvvvvvvvvvvsvvvvvvvv� IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal, in the County of Sari JoaCluin on the date set forth above in this certificate. ,n,,6mrmea n oMy a gn�erel roan wmmb meY 9roee,Ior we ins.' h i,isdons o m ro �1��/ _ v /I• �wy l`'^�`�✓ V ..ay xm,m e i ly.olm m ea,.s a sumumm ror V,orrice s sn roarer.the 9eaenn noes rei make ear wmi nn.eunm e.ams si imenee,es m me 49e1 ramiy a ear pwieion m me niadlM Cowdery's F eoec�No.29 a Notary lie,State of California. Cowdery's Form No.29(Acknowledgment to Notary Public—Partnership)(C.C.Sec.1190A.) My Commission Expires TO WHOM IT MAY CONCERN: This letter shall serve as notice that CHARLES STROTHER is authorized to act as agent for the partnership known as Indian Wells - Palm Desert Properties in connection with the application to rezone property located at the northeast corner of Fred Waring Drive and Cook Street in Palm Desert, California. INDIAN WELLS - PALM DESERT PROPERTIES By FREEMAN & RISHWAIN, a general partnership By obey J. Rishwain l J ��` /-1 -..1•-. INTEROFFICE MEMORANDUM City of Palm Desert 1384 TO: Director of Environmental Services E V1F? pE?rAL SERVICES �� pESERT FROM: Director of Public Works SUBJECT: PP 84-17, C/Z 84-7 - INDIAN WELLS/PALM DESERT DATE:June 14, 1984 PARTNERSHIP ons de a e c i r d s conditions of The following should be approval : a (1) Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. (2) Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drainage Plan, to the specifications of the Director of Public Works. (3) Additional storm drain construction shall be contingent upon a drainage study by the private engineer. (4) Full public improvements, including traffic safety lighting, as required by ordinance and the Director of Public Works, shall be installed in accordance with city standards. (5) Improvement plans for water and sewer systems shall be approved by the respec- tive service districts (only for tract map) . (6) Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construc- tion of any improvements is commenced. The subdivider shall submit "as-built" plans prior to acceptance of the subdivision improvements by the city. (7) All private streets shall be inspected by the engineering department and a standard inspection fee shall be paid. (8) Landscaping maintenance on Cook Street/Fred Waring Drive shall be provided by the owners. (9) Existing utilities on Cook Street/Fred Waring Drive shall be undergrounded. (10) Traffic safety striping on Cook Street/Fred Waring Drive shall be provided to the specifications of the Director of Public Works. A traffic control plan must be submitted to and approved by the Director of Public Works before plac- ing pavement markings. (11) Complete grading plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval prior to issuance of any permits. (12) Dedication of eleven feet of right-of-way on Cook Street and Fred 'daring Drive shall be done prior to issuance of any permits and approval of plans. r Di Ator of Environmental jervices Page 2 June 14, 1984 (13) Installation of curb and gutter at 43 feet from centerline, matching paving and sidewalk on Cook Street/Fred Waring Drive. (14) Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the required offsite improvements prior to building permits being issued. (15) Full improvement of interior streets based on 32'/28' residential street standards. (16) Installation of one-half landscaped median in Cook Street/Fred Waring Drive or cash payment for one-half the cost of landscaped median at the option of the Director of Public Works. (17) Traffic analysis to be prepared for the project. If traffic signals are warranted, the developer shall install them. (18) Size, number and location of driveways to Public Works specifications. (19) Only one driveway approach will be allowed to serve this property. Size and location to Public Works specifications. BARRY MCCLELLAN, P.E. ARC:BDM/ms (20) F1//'Ucn�> S/{/�cc Fice A YG✓r�>�u� �•t'Bc> m�-� T SU/3DlV/D6 T�'cz 42 acres x 7 units/acre -: 294 allowable units 73 private lots .n o r t h 220 apartments 293 actual units i. .' 100,._0.. .� gash �C�It 11 ' n� 3 .�r�� Qo i o . H da. 0 i I GI. '_C a - 43 64 c,6 G7o �3 (<7 6S I tn9 90 7i 1 � � 3 � 2 � r � o S1 ! 38 4 5 44 45 4G 47 Q 5 I 33 32 I 31 'Xi if 2 !�IS . 1-I-i.- fred Waring drive AND USE PLAN FOR INDIAN WELLS-PALM DESERT .PARTNERSHIP � 1pf"A gynn A rJy rchit 624-250-ol6: 624-250-010: Johnnie Cochran Arlin Eddington 7 2373 N. Hobart Blvd. 43840 San Ysidro Circle Los Angeles, CA 90027 Palm Desert, CA 92260 624-250-075: 624-250-011: Daniel Glaser Joseph Cullen 1760 S. Brentwood Street 43820 San Ysidro Circle St. Louis, MO 63144 Palm Desert, CA 92260 624-250-076: 624-250-012: Daniel OBrien plan Timothy 72-516 Sandstone 43800 San Ysidro Circle Palm Desert, CA 92660 Palm Desert, CA 92260 624-250-077: 624-250-013: l John Long Philip Bartmasser 7836 Concord Hills F1 10242 Monte Mar Drive Cincinnati, OH 45243 Los Angeles, CA 90064 624-250-078: 624-250-ol4: Yale Gieszl Robert Dinwiddie 6411 Seabryn Drive 4261 Falcon Avenue Rancho Palos Verdes, CA Long Beach, CA 90807 4-250-07 624-250-015: Ri�osa d ucy ,( q William Althouse 56 treet ° t �� u 3907 W. Alameda Avenue #202 H Bea CA 90254 Burbank, CA 91505 624-250-o8o: Donald Haynes 5403 E. Avenida Palmar Orange, CA 92669 624-250-008: Malcolm Dacher 6859 Murietta Van Nuys, CA 91405 624-250-009: Morrel Weitzman 43860 San Ysidro Circle. Palm Desert, CA 92260 � E j ll 624-250-003: 625-400-006 : Patrick Ross Los Lagos Partnership 701 S. Juanita Avenue P. 0. Box 1829 Redondo Beach, CA 90277 San Diego, CA 92112 624-250-oo4: 625-400-052 : Thomas Jacobson Los Lagos Inc. 18411 Clark Street #300 � 73885 Highway 111 #6 Tarzana, CA 91356 Palm Desert, CA 92260 624-250-005 : 634-040-001 : Donald Shayler Media Women Inc 43940 San Ysidro P o Palm Desert, CA -92260 -� Palm Desert, CA 92260 624-250-006 : 634-040-002 thru 004: Ira Dej arnette P.CVWD Box 1058 P. 0. Box 248 Coachella, CA 92236 Idyllwild, CA 65767 624-250-007 : 634-040-005 : Susan Reich Indian Wells Palm Desert 43900 San Ysidro Circle 1818 Grand Canal Blvd Palm Desert , , CA 92260 Stockton, CA 95207 624-250-082 : 634-040-006 : Valley Palms Estates CVWD P. 0. Box 1016 P. 0. Box 1058 Rancho Mirage, CA 9.2270 Coachella, CA 92236 633-021-001: 634-040-007 : Willard Bertuleit Clarence Enright 8 Lugo Sunrise C. G 9420 83rd Ave North Rancho Mirage, CA 92270 Minneapolis, MN 55445 625-400-003: : 634-051-001 thru 011: Noel Brush H & H Land Development 44040 Superior Court P. 0. Box 3790 �I Indian Wells , CA 92260 San Clemente, CA 92672 625-400-004. 634-051-026 thru 038: Lewis Woodward H & H Land Development 44030 Superior Court P. 0. Box 3790 Palm Desert, CA 92260 San Clemente, CA 92672 f' 625-400-005 : Dale Funk 44-020 Superior Court Indian Wells, CA 92260 a ti ti� N � H.s.. ��iR e.' ss.r� �•. r,vr I , t' " wen ••r ...ern / �.. r _ of O b / I y / / A / A / / / / I Leo Cli / I MR'LN MY[G$ CO/ �yI/$ Y I a r � a _1 o�aa • f e c ti / W 1 1 � � 1111�rr14 Aff I, m y . .CO I • if/ii Mil' � ���1%l ' q rib ® m II N� • I °Lei O �I f 4 4 �0 I I .•r I h I I i I � Z O I I . � 7 i a I I , h �, Ivrr., + ta• � n c 4 c I wD If h {R:R : LI :Y y 'rtRai.•', ; I mi Sh o°' " N l I b A : ©� I • • I �1 � 2 � I --- —u;- WZ J ♦ Q Y Cm 4 JS 0 tI I♦� I � ® w I� j it to ' •I I 1 + la It® �„ ; • ; 3 : 0 ;® wl • A !' : : I I I y ITI O � I ` • VID lR® ® o Ii ,! •• + { a a� .pia ti y.�O,fO.OM N 4 JrT F I J a lilt � + O nr„ar •n, O to to v 0• v u as.,, q �. � •� ' it O a` Ol R N R sf ° K � R �Y � � ��tr • f� R Nir•�tr•) sf • a 1 ar a ]t a• 1 � s ® a° i I - Sb O• S ? V +xn:r.i ax s • Of® C i q Aj t ♦,) 61 [201 OZ a 1,� / 2Z - 9, ,{ .'• `n as �(�'O n rar as fa tr, b, g/ NHS a 9 ,I a a °/ ®v,. °^ fit..• h, ••' a Crj� to ra ® o/ .. ° Qi •. F VAI Iligo s � •nq • i i- a' 3 O m . I r � r I� I ' 'r I � , I h. Cf0) �• � y �J w, art r �i4 `3 91 p0 y~y yr� � � ti® ••+F�r � • I Z rr � b Y 0107 � WWI jai (31 i foe �=I 2i oi or t e I otor + lei! D s a Q N Q ° 1 � Q — �� I id9 7VB �O i CERTIFIED PROPERTY OWNERS LIST AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM DESERT ) I, hereby certify 4,1 that the attached list contains the names and addresses of all persons to whom all property is assessed as they appear on the latest available assess- ment roll of the County within the area described on the attached application and for a distance of three hundred (300) feet from the exterior boundaries of the property described on the attached application. I certify under penalty of perjury that the foregoing is true and correct. (signed) (dated) U Supporting Data: 1. Name of Applicant Indian Wells - Palm Desert Partnership 2. This request is made for property described as: Exact legal description Map Book 634 , Page 04 , County of Riverside See attached legal description r 3. Total area of site: _ _3. if more than 1 zone requested, give subtotal for each) 4. Existing Zoning: describe here or attach map S. Proposed Zoning: ci^e describe here or attach map 6. Assessor's Parcel No. : 619 100 015 7. The property is located at Fred Waning and Cook street address between and street street 8. The present use of the property is None 9. General Plan Designation: 7 per acre 10. The applicant offers the following reasons to justify the request for a Change .of Zone: With the present large number of condominums under construction in Palm Desert the development of this parcel at the present density is not economically feasible The need for both luxury apartments and a medium priced single family development being close to the new high school , are believed to .be the most desirable way to develop this site . 11. The applicant shall submit a minimum of twelve (12) accurate scale drawings of the site (one colored) and the surrounding areag - existing streets and property lines - existing structures access and utility easements - topographic contours at intervals of not more than two (2) feet. 12. The applicant shall submit a list of all owners of property located within 300 feet of the exterior boundaries of the subject property. The list shall be keyed to a map showing the location of these properties and shall include the name and address as shown on the latest available assessment role of the Riverside County Assessor's Office. 13. The applicant shall submit a completed Environmental Assessment form. 14. The applicant shall provide such additional information as the Director of Environmental Services may require to determine whether the granting of a Change of Zone would endanger the public health, safety, or general welfare. The application may be filed only by the owner of said. property and shall be signed by the owner. or by a person with a Power of Attorney, in writing (attached) from the owner authorizing the application or by the Attorney-at-Law for the owner. Indicate your authority below: - I am the owner of said property. A ,`� (� I am the agent for the owner of said property (attach written authorization) . I have a Power of Attorney from the owner authorizing the application I declare under penalty of perjury that the foregoing is true and correct. Executed at 9A414 A to this 7 day of At, 19L. TO WHOM IT MAY CONCERN: This letter shall serve as notice that CHARLES STROTHER is authorized to act as agent for the partnership known as Indian Wells - Palm Desert Properties in connection with the application to rezone property located at the northeast corner of Fred Waring Drive and Cook Street in Palm Desert, California. INDIAN WELLS - PALM DESERT PROPERTIES By FREEMAN & RISHW IN, a general partners By RbberV Y. Rishwain THAT PORTION OF THE WEST HALF OF THE WEST HALF OF SECTION 15, 70+7NSHIP 5 SOUTH, RANG-- 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COACHELLA VALLEY COUNTY WATER DISTRICT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, �.{ DESCRIBED AS FOLLOWS: QD m BEGINNING AT THE SOUTHWEST-CORNER OF SAID WEST HALF; THENCE NORTH 00002' .�S EAST ALONG THE WESTERLY LINE OF SAID WEST HALF, 1505.72 FEET; THENCE NORTH 78030' EAST, 337.57 FEET; THENCE SOUTH 89010' EAST. 160.45 FEET, MORE OR LESS, TO THE SOUTHWESTERLY LINE OF WHITEWATER RIVER CHANNELL AS SHOWN IN RECORD OF SURVEY AND LAND SURVEYOR'S MAP N0. 250E RIVERSIDE COUNTY RECORDS; THENCE ALONG THE SAID SOUTHWESTERLY LINE WITH A BEARING OF SOUTH 65025' EAST, 922.45 FEET, MORE OR LESS, TO THE EASTERLY LINE, OF THE SAID WEST HALF; THENCE SOUTH ALONG THE SAID EASTERLY LINE, 1181.55 FEET, TO THE SOUTHERLY LINE OF THE SAID WEST HALF; THENCE SOUTH 89046' WEST ALONG SAID SOUTHERLY LINE 1330.95 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE SOUTHERLY 44 FEET THEREOF, AS CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED JANUARY 20, 1959 AS INSTRUMENT N0, 5069. ALSO EXCEPT THAT PORTION CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED MAY 11, 1972 AS INSTRUMENT NO. 61557 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED MAY 24.. 1972 AS INSTRUMENT N0. 68067 OF OFFICIAL RECORDS. EXHIBIT "A " SM a�C' ii��°�,A L K arB E S E R7 y� FORM No. � 45 276 PPBtuay I� SIR Lane, ir-ag m Desert, Cu.92280 N CHA GE. Of Indian Wells-Palm Desert Partnership Applicant (please print) c/o C . R . S . Development 74990 Velie Way 568-2718 Mailing Address Telephone Palm Desert, Calif . 92260 City State Zip-Code REQUEST: (Describe specific nature of approval requested). Rezone from 5 per acre to 7 PROPERTY DESCRIPTION: 42 Acres - NE corner Fred Waring and Cook Map Book 634 , Page 04 County of Riverside ASSESSOR'S PARCEL NO. '51 9-1 0 0-0 1 5 EXISTING ZONING 5/Acre Property Owner AuthorizationMDe"rt o s that they are the owners) of Me property described herein and hereby give author I or this application. nature ate Agreement plot rtq the Cityall liabllltles relative to any deed restrictions. I DO BY MY SIGNATURE NI A REEMENT, Absolve the City of Palm Desert at all liabilities regarding any dead restrictions that may be applicable to the property described herein. �1 S- i -R-4 Signature Date Applicants Signature i9011Y Signature Date (FOR STAFF USE ONLY) Environmental Status Accepted by: ❑ Ministerial Act E.A. No. ❑ Categorical Exemption �� �lQa ❑ Negative Declaration CA ❑ Other Reference Case No. om VE.nLL&E*Vj= Sits $47•6E o. "a-Z. 00* ok 0droom t v i n g . 41 ry en Tf lbath'. nt y A i n i n g e r.r a c e' XT oTo...... .. L 'kitch'en �bedrooM dining -Kitchen 1H b th 00 00 0 0 0 All Inq rt-0 n dining t kitcher oil r 'y y -a.c e t ip r r jivinD r Lkl* - q -ot at h 1i y 'bedroom e kitchen, kitchen -� h ath om n t y' t r bedro r e p 0 0 bat' 0 .",bedroom bedro h th 01 dining dining 'bedroom living living bedroom 7 c e*' terra errace L Ta n a p a r t o r Era FLOOR m e)n t p I a n f FIRST' INDIAN WELLS -PALM DESERT PARTNERSHIP PLAN ARCHITECTURE & LAND P A NG 215 HIGHWAY ONE -ELEVEN PALM DESERT, CALIFO palm desert c a'*'l'i of o r n 1 74 RN IA �2260 TELEPHONE: (714) 346-0596 1 .4 'A�' AN j Ierrace* 171 4,� iTC y IT, .. •. ;.mow w �.. . � .. _ .�..- - _ , - .-. - ., - - _ >-?.: - - .� 3 � I i - - — , .. x i n II"wo II47 X I14A II4A* IILA Iot, "Pel I -le IIA4- 7777:777a IOF IIU*dW,, CA IIIR 0 NT E L EVAT ION I4 IR PAR C7 I71 It 4k IIr WT7 IIlIP -1 II710 IIItIII �A I�44 lbII4 JK4 I'i A vv II;77777' IIIIIIIII1DE ELEVATI-OW, II f IIIIIIIIi :7 I77- II tiII41 1 II4-7, IIIIA ­7 I44;: IIIIIIF IIIIIf I14 _.ELEV N A T I' T3_EA IiRIOR �s n - cl_ p p r t rin e n t p I A b, f o r k XTE IIT W77, NIA 92-260 p 'LAND J_'ANNING ITJON% V A SE R_ T 'WE N E LE t I P _N DE NDIA P ALM H IGH W 0 AY NE-ELtVEN D ES E RT ,C A L W61 lif or a E lm� -d e s IIIII7 1. I tiII41 1 II4-7, IIIIA ­7 I44;: IIIIIIF IIIIIf I14 _.ELEV N A T I' T3_EA IiRIOR �s n - cl_ p p r t rin e n t p I A b, f o r k XTE IIT W77, NIA 92-260 p 'LAND J_'ANNING ITJON% V A SE R_ T 'WE N E LE t I P _N DE NDIA P ALM H IGH W 0 AY NE-ELtVEN D ES E RT ,C A L W61 lif or a E lm� -d e s IIIII7 1. I II I