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HomeMy WebLinkAboutDA/CZ/EA/PP 5-15 - Tentative Tract Map 36874 - Portola PD LLC 38400 Portola AvenueCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: CONSIDERATION FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A DEVELOPMENT AGREEMENT, A CHANGE OF ZONE TO ESTABLISH A HIGHER DENSITY, A PRECISE PLAN OF DESIGN, AND TENTATIVE TRACT MAP 36874 TO SUBDIVIDE 15.52 ACRES INTO 112 CONDOMINIUM UNITS AND COMMON AREA AMENITIES LOCATED AT 38-400 PORTOLA AVENUE SUBMITTED BY: Kevin Swartz, Assistant Planner APPLICANT: Portola PD, LLC 73-081 Fred Waring Drive Palm Desert, CA 92260 CASE NOS: DA//CZ/EA/PP 15-15 TTM 36874 DATE: June 11, 2015 ATTACHMENTS: 1. Draft Development Agreement Ordinance No.1285 "Exhibit A" 2. Draft Change of Zone Ordinance No. 1286 "Exhibit A" 3. Draft Resolution No. 2015-55 , and Negative Declaration 4. Legal Notice 5. Planning Commission Meeting Minutes 6. Architectural Review Commission Meeting Minutes 7. Exhibits Recommendation 1. Waive further reading and pass to second reading City Council Ordinance No. 1285 approving Development Agreement 15-15. 2. Waive further reading and pass to second reading City Council Ordinance No. 1286 approving Change of Zone 15-15. 2015-55 3. Waive further reading and adopt City Council Resolution No. approving a Negative Declaration of Environmental Impact, a Precise Plan of Design, and Tentative Tract Map 36874, subject to conditions. Staff Report Case No. DA/CZ/EA/PP 15-15: The Retreat at Desert Willow Page 2 of 13 June 11, 2015 Planning Commission Action On April 21, 2015, the Planning Commission recommended approval on a 4-0 vote with Commissioner Greenwood absent. The Commissioners stated that the proposed project was very well designed, and the architecture compliments Desert Willow. The Commissioners stated that they liked the idea of providing the residents with amenities at Desert Willow and having direct golf cart access to the Clubhouse. Two Commissioners were concerned with the landscape plan. The landscape plan includes small pockets of turf area. The two Commissioners stated that with the water crisis the turf areas were not needed. The applicant stated that the turf areas were small and were used to soften the areas and provide the residents areas to play with their dogs. The Commissioners discussed the matter and eventually understood the reasoning behind the turf and approved the project. Architectural Review Commission Action On February 10, 2015, the Architectural Review Commission granted approval on an 8-0 vote for the preliminary architectural elevations of the 112 condominium units and landscaping plan. The applicant stated that they were excited about this property because of its geographic benefits and proximity to Desert Willow Golf Resort. The applicant stated that there are two (2) architectural styles, Modern and Contemporary. The 28 buildings are two -stories with two (2) units on the ground floor and two (2) units above, with square- footages ranging from 2,000 to 2,600 square feet. The Commission supported the architectural and landscaping designs, and the site location. The Commission stated that the design and materials of the homes have been well thought out, and requested the applicant to make sure that the construction drawings match the proposed elevations. Executive Summary Approval of staffs recommendation will approve the project, referred to as "The Retreat at Desert Willow". The proposed project includes 112 condominium units and common area amenities, a Development Agreement to establish design criteria, timing, responsibilities including improvements for the project, a Change of Zone for a higher density (from 5 du/acre to 8 du/acre), and a Tentative Tract Map to create one (1) 15.52-acre parcel for condominium purposes. Approval of the Development Agreement includes a requirement atht the condominium unit owners pay a monthly fee of $75.00 per unit to become an Academy Golf Member and Platinum Club Member at Desert Willow Golf Resort. The other key components outlined in the DA are discussed under the Analysis Section C. Background A. Property Description: The 15.52-acre site is located south of Frank Sinatra Drive, on the east side of Portola Avenue, adjacent to Desert Willow Golf Resort. The project area is undeveloped, relatively flat, and consists of blow sand and native vegetation. Adjacent to the site is a City owned 4.2-acre retention basin. The proposed project will drain into the retention GAPlanning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\CC -Staff Report.doc Staff Report Case No. DA/CZ/EA/PP 15-15: The Retreat at Desert Willow Page 3 of 13 June 11, 2015 basin and the applicant will maintain the retention basin, which is outlined in the DA. For many years, the parcel was owned by the City of Palm Desert's former Redevelopment Agency. The parcel was part of the Desert Willow Master Plan. The Desert Willow Lot Pads consisted of 25 parcels. This parcel was identified as Pad F. On June 2, 2014 the Successor Agency's Long Range Property Management Plan (LRPMP) was approved by the State Department of Finance. Pad F was identified on the LRPMP and requires disposition at or above fair market value. The 4.2-acre drainage retention basin was approved by the Department of Finance to be transferred to the City of Palm Desert. On August 28, 2014, the remaining 15.52 acres were authorized by the Successor Agency to execute a 12-month Exclusive Negotiating Agreement with Family Development for sale of the property. On December 1, 2014 the Oversight Board authorized the Executive Director to execute the Purchase and Sale Agreement with Family Development, pending approval from the State Department of Finance. On December 10, 2014 the State Department of Finance approved the sale of the property. On January 14, 2015, Family Development submitted all applications for approval of said project request. B. General Plan and Zoning: Zone: P.R. 5 (Planned Residential 5 Dwelling Units (DU)/Acre) General Plan: C-R/H (Resort/Hotel Commercial) C. Adjacent Zoning and Land Use: North: P.R. 5 DU/Acre - Planned Residential/Desert Willow Golf Resort, Vacant Land and Residential Single Family Homes South: P.R. 5 DU/Acre - Planned Residential/Retention Basin, Desert Willow Maintenance Facility and Golf Course East: P.R. 5 DU/Acre — Planned Residential/Desert Willow Golf Resort West: P.R. 9 DU/Acre — Planned Residential/Vacant Site, Approved for Residential Single Family Homes Project Description The proposed project includes 112 condominium units and common area amenities, a DA to provide the City with a development of a high quality, well designed project that creates synergies with Desert Willow Golf Resort, a CZ for a higher density from 5 du/acre to 8 du/acre, and a Tentative Tract Map to create one 15.52 acre parcel for condominium purposes. The project density results in 7.2 dwelling units per acre (du/acre), which is more than the base zone of 5 du/acre allows. The request for 8 du/acre would allow the applicant to construct the 112 condominium units. GAPlanning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\CC -Staff Report.doc Staff Report Case No. DA/CZ/EA/PP 15-15: The Retreat at Desert Willow Page 4 of 13 June 11, 2015 A. Site Plan: The development of the project is on a 15.52 acre parcel. The project is designed with one (1) access point on the north end of the property for ingress and egress, which is a right turn in and a right turn out along Portola Avenue. The main gated entry is designed 7 feet above grade to highlight the views of the landscaping and resort style swimming pool as a vehicle approaches the community. The included photos show the main entrance and swimming pool, and entry gate design. PEDES RIAN ......... GATE STUCCO WAIL k. WOODEN 6 STUCCO VdA:L The applicant is proposing to install a median with a left turn lane on Portola Avenue for south bound travelers. A secondary emergency access will also be provided along Portola Avenue at the south end of the property, which will be gated. The applicant is proposing to install a 6-foot high block wall along Portola Avenue, which will match the existing Desert Willow block wall. A 6-foot high combination block wall and wrought iron fence will also be installed along the south property line adjacent to the retention basin. GiPlanningXemn Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\CC -Staff Report.doc Staff Report Case No. DA/CZ/EA/PP 15-15: The Retreat at Desert Willow Page 5 of 13 June 11, 2015 The project consists of 28 two-story buildings, with each building maintaining four (4) units. The 28 buildings are dispersed throughout the property. The buildings maintain various setbacks, which creates the appearance of movement throughout the community. The streets, pathways, and walkways were also designed to meander through the project, connecting to the various common area amenities. The development maintains two (2) main common area amenities. The first area consists of a clubhouse, exercise room, and lap swimming pool. Directly south is a resort style swimming pool with fire pits, cabanas, bocce ball courts, barbeque area, spa, and shaded patio areas. There are also a variety of garden types (meditation, sensory, and butterfly) throughout the development. The project also maintains terraced areas with landscaping and seating. B. Architecture / Building Design: There are four (4) plan units (Plans 1, 2, 3, and 4) with each having two (2) architectural styles; Modern and Contemporary. Each architectural style has two (2) elevations. Plans 1 and 2 will be located on the ground floor, while Plans 3 and 4 are located on the second floor. The applicant envisions Plan 4 being the most desired plan. Below is the breakdown for each plan. The Modern -style buildings' elevations (1A and 2A) are two-story in height with rooflines between 10' and 20' with an overall roof height of 27'10". The design includes stucco trim, stucco columns, recessed windows with trim surround, flat tile roof, stone veneer, steel railings, and steel gates. The table below identifies the material and color palette. Modern IA 2A Roof Pewter Bronze Blend Weathered Adobe Main Stucco Body Balanced Beige Latte Secondary Stucco Bungle House Gray Hopsack Trim Downing Earth Kilim Beige Fascia / Garage Virtual Taupe Rockwood Medium Brown Railing / Garage Coconut Husk Aurora Brown Stone Veneer Birch Dune Entry Door Best Bronze French Roast GAPlanningWevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\CC -Staff Report.doc Staff Report Case No. DA/CZ/EA/PP 15-15: The Retreat at Desert Willow Page 6 of 13 June 11, 2015 Manufactures: Paint: Sherman Williams Stucco: Omega or Equal Stone: Eldorado Roof: Eagle Roofing The Contemporary -style buildings' elevations (1 B and 2B) are two-story in height with rooflines between 10' and 20' with an overall roof height of 29'4". The design includes stucco with foam trim, stucco columns, recessed windows with trim surround, flat roof with metal cap, flat tile roof, stucco shelf, steel railings, and steel gates. The table below identifies the material and color palette. Contemporary >' 1 B 28 Roof Pewter Bronze Blend Weathered Adobe Main Stucco Body Maison Blanche Anew Gray Secondary Stucco Universal Khaki Stucco Taupe Trim / Garage Rushing River Resort Tan Fascia / Garage Quiver Tan Warm Stone Railing/Metal Awning/Entry Cast Iron Sturdy Brown Siding Leather Bound Burnished Brand Manufactures: Paint: Sherman Williams Stucco: Omega or Equal Roof: Eagle Roofing The proposed Community Clubhouse maintains a Modern architectural style. The clubhouse is 2,554 square feet, single -story with a total roof height of 20 feet. The clubhouse includes a large recreation room, moderate size exercise room, restrooms with showers, and a pool equipment room for the adjacent lap swimming pool. The building includes recessed windows with trim surround, stucco trim, stone veneer, siding, flat tile roof, and stucco columns. The table below identifies the materials and color palette. Modern Clubhouse Roof Pewter Bronze Blend Main Stucco Body Balanced Beige Secondary Stucco Bungle House Gray Trim Downing Earth Fascia / Garage Virtual Taupe Railing / Garage Coconut Husk Stone Veneer Birch Siding Leather Bound Entry Door Best Bronze G:\Planning\KeHn Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\CC -Staff Report.doc Staff Report Case No. DA/CZ/EA/PP 15-15: The Retreat at Desert Willow Page 7 of 13 June 11, 2015 C. Landscaping: The landscape design consists of a desert theme with species requiring minimal water usage. The proposed landscaping along Portola Avenue in front of the block wall will mimic the existing Desert Willow landscape. The landscape consists of Thornless Mesquite trees, Acacia Aneura trees, and California Fan Palms, with a variety of shrubs (Green Cloud, Senna, and Damianita). The main entry includes numerous California Fan Palms, and Thornless Mesquites, with numerous Red Yuccas for color. From there, the landscape descends to the common area amenities. There are small areas with turf to soften the desert landscaping appearance using the same trees as the Portola frontage and a variety of colorful shrubs (Red Ixora, Green Cloud, desert cassia, Brittle Brush, Small -leaf Geigertree, and Damianita). The two (2) pool areas maintain the same design with the addition of numerous Cascalote trees. The inside perimeter and street scene is lined with Thornless Mesquites, Acacias, and Cascalotes and Rosewood trees. The trees will help shade the streets and guest parking spaces, along with screening the retention basin for the homeowners. The applicant is not required or proposing to landscape the inside of the retention basin. In front of each of the 28 buildings is a variety of different colorful shrubs, which provide color. The applicant is also providing five (5) different types of gardens with seating areas. Each garden maintains its own landscaping theme and provides the residents a unique experience. The gardens are: • Fragrance Garden • Sensory Garden • Butterfly Garden • Hummingbird Garden • Meditation Garden The main entry way, pool decking, walkways, guest parking spaces, and numerous pocket areas within the streets are lined with pavers. All of the seating areas will have natural stone. Overall, the landscape design provides a resort appearance, while maintaining low water usage. The applicant has provided a detailed landscape plan, which is attached to the staff report. GAPlanning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\CC -Staff Report.doc Staff Report Case No. DA/CZ/EA/PP 15-15: The Retreat at Desert Willow Page 8 of 13 June 11, 2015 Analysis The P.R. zone encourages flexibility in development, creative and imaginative design, and the development involving a mixture of residential densities and community facilities, both public and private. It is also intended to provide the integration of urban and natural amenities within developments. The P.R. district is also established to give a land developer assurance that innovative and unique land development techniques will be given reasonable consideration for approval and to provide the City with assurances that the completed project will contain the character envisioned at the time of approval. Staff believes that the proposed project, "The Retreat at Desert Willow," establishes a land use pattern that provides upscale resort style housing as well as open space and recreation uses. The high quality architectural design, with the upscale amenities, blends with Desert Willow and is compatible within the P.R. zone. Furthermore, the proposed DA lets the developer be even more creative and allows for more flexibility for such things as building heights and project density. A. Development Agreement: Approval of the project includes a Development Agreement between the City of Palm Desert and the applicant. The DA provides the City and the developer with a higher degree of certainty of how the project will be developed, what associated fees and improvements will be required, and assurance of consistency with City policies, ordinances, regulations, and exceptions allowed as part of the zoning ordinance or DA. Listed are the key components that staff and the applicant agreed on for development of the project. 1. The increased project density of 8 du/acre is provided in the Development Approvals. 2. The maximum height of 30 feet is provided in the Development Approvals. 3. Developer will install a 6-foot high slump stone block wall along the Portola Avenue frontage of the retention basin. The wall must match the color, texture, width, and flagstone columns of the block wall to the existing Desert Willow perimeter block wall. 4. Developer will install double metal gates to provide access from Portola Avenue the retention basin and related improvements. 5. Developer will install and maintain desert landscaping in front of the perimeter block wall and transfer the responsibility to the Homeowners Association (HOA) and/or include maintenance as an obligation of the HOA pursuant to the CC&Rs. 6. Developer will plant trees on the south side of the retention basin to screen the maintenance building. G:\Planning\KeHn Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\CC -Staff Report.doc Staff Report Case No. DA/CZ/EA/PP 15-15: The Retreat at Desert Willow Page 9 of 13 June 11, 2015 7. Developer will maintain the retention basin, including the retention basin slopes, drywells, walls, and perimeter trees and other underground drainage appurtenances within the retention basin. The Developer may transfer the responsibility to the HOA. 8. Developer will provide a one-time maintenance "clean up" of existing landscaping on the common east/north property line adjacent to the Desert Willow Golf Resort, Golf Hole No. 6. 9. All homeowners (two per household) upon closing on their units automatically become the equivalent of Academy Golf Members and Platinum Club Members at the City -owned Desert Willow Golf Resort for a monthly fee of $75.00. • Golf Academy Membership and Applicable Discounts and Benefits • Unlimited Use of Academy Practice Facility • Platinum Club Membership and Applicable Discounts and Benefits • Private Golf Cart Access Throughout Resort 10. An alternative to providing affordable, low-income, moderate -income or any other subsidized or inclusionary housing, the developer will pay an Affordable Housing Fee of $ per square foot. (The amount of the fee will be established during the public hearing when the DA is considered by the City Council.) B. Tentative Tract Map 36874 and Change of Zone: A tentative tract map has been submitted to establish one (1) 15.52 acre parcel for condominium purposes. Attached to the tract map is a preliminary grading plan. The developer will establish an HOA for the common area. Also, the applicant is requesting a change of zone to allow for a higher density. The current zone allows for 5 du/acre. The proposed 112 condominium units provide a density of 7.2 du/acre. The applicant is requesting a change of zone to 8 du/acre, which will support the proposed development. Directly west of the property is an approved project known as Catavina. The City Council approved 159 single-family homes on 18.67 acres for a density of 9 du/acre. To the north, east, and south are portions of the golf course for Desert Willow. North of Frank Sinatra Drive there are multiple housing developments zoned P.R. 5 du/acre. Those developments are multiple tract maps consisting of 16 single-family residential lots ranging from 8,000 to 11,000 square feet. Those developments are designed to attract the first time home buyers and families. The proposed development is designed for a retired population and second home buyers who choose to live within an HOA where amenities and property maintenance is included. The request for the change of zone meets the intent of the P.R. zone by providing a mixture of residential densities in the surrounding area. The building density would not adversely impact any adjacent properties. The proposed buildings only occupy 23 percent of the property, while 44 percent will be landscaping. The change of zone is necessary to carry out the vision of an upscale resort project. GAPlanning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\CC -Staff Report.doc Staff Report Case No. DA/CZ/EA/PP 15-15: The Retreat at Desert Willow Page 10 of 13 June 11, 2015 C. Building Height: The P.R. zone contains specific development standards for two-story homes. The proposed project maintains building heights of 27'10" and 29'4", whereas the zoning ordinance limits two-story homes to 24' in height. Although design criteria are established in the zoning ordinance, a DA may provide alternative standards within the project area that supersede the zoning ordinance. The lands to the north, east, and south are part of the Desert Willow Golf Resort, and the building heights will not negatively impact those areas. The property to the west (Catavina) is currently vacant, but the project was approved with building heights of 24', and architectural projections at 27' in height. Staff supports granting additional building height at this location. The buildings that are closest to a public street (Portola Avenue) are more than 50' from it. The increase in the maximum building height allows for more attractive architectural design and is in keeping with the P.R. zoning designation, which encourages innovative and unique developments. D. Development Standards for the Retreat at Desert Willow: The following development standards are proposed for the project. Retreat at Desert Willow Development Standards* Maximum Overall Density 8 units/acre Front Yard Setback (min. from street) 10, Side Yard Setback between buildings and property lines (min.) 10' each side Rear Yard Setback (min.) 10, Maximum Lot Coverage 50% Maximum Height, Two story 30' Maximum No. of Stories 2 Maximum No. of units 112 Minimum Unit Size 2,000 square feet *Development standards not listed in this table shall be consistent with the Zoning Ordinance Development Standards for the Planned Residential district, Section 25.10.050.B. Environmental Review For the purposes of CEQA, the Director of Community Development has determined that the proposed project will not have a significant negative impact on the environment and staff has prepared a Negative Declaration (ND of Environmental Impact). The initial study and ND are attached as part of this report and filing of the ND has occurred in accordance with CEQA Guidelines. The City received comments from the Coachella Valley Water District on the Initial Study. The comments related to clarifications on the Water Management Plan Update of 2010. The comments have been incorporated into the attached Initial Study. The comments do not G:\Planning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\CC -Staff Report.doc Staff Report Case No. DA/CZ/EA/PP 15-15: The Retreat at Desert Willow Page 11 of 13 June 11, 2015 provide significant new information, or change the findings of the Initial Study. The City also received comments from the Agua Caliente Band of Cahuilla Indians (ACBCI) / Tribal Historic Preservation. The project area is located within the Tribe's Traditional Use Area. The ACBCI requested that a cultural resources inventory of the project area be performed by a qualified archaeologist. Also, they would like the presence of an approved Native Cultural Resource Monitor on site during ground disturbing activities. The City agrees with its request and has added conditions of approval to meet those requests. Findings of Approval: That the density of the proposed subdivision is consistent with applicable general and specific plans. The property is designated Resort Commercial in the General Plan. The parcel was part of the Desert Willow Master Plan. The master plan identified this property for a hotel or timeshares. City staff reviewed the Desert Willow Master Plan and determined that the interior parcels of Desert Willow were better suited for hotel or timeshare uses since they are centrally integrated into the overall property, and that this parcel was better suited for a higher end residential development since the property frontage is not within Desert Willow Resort. The project density of 8 du/acre is lower than what a hotel or timeshare project would be. The proposed density is in keeping with the surrounding developments. The General Plan Land Use Element Residential Goal 1 proposes that "The City provide a balanced range of housing types, densities that accommodate existing and future residents across all socio-economic sectors of the community. " Goal 2 proposes "A diverse resort residential community of desirable residential neighborhoods." The General Plan Land Use Element Residential Policy 5 states, "The City shall consistently apply principles of land use compatibility optimizing the ability of proposed development to complement adjoining planned and existing land uses". The project complies with the General Plan and the density is consistent with the City of Palm Desert Comprehensive General Plan. There is no specific plan for the subject property. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvements of the proposed subdivision have been reviewed by the Planning Department, Economic Development, Fire Department, and Public Works Department for consistency with the General Plan and emergency services. The street and utility improvements, circulation patterns, and drainage improvements meet all requirements of the General Plan. All existing perimeter streets are in conformance with the General Plan and minor road work for a median within Portola Avenue is needed. All internal project streets that serve Tentative Tract Map 36874 conform to City standards and are consistent with adjoining residential developments. There are no specific plans G:\Planning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\CC -Staff Report.doc Staff Report Case No. DA/CZ/EA/PP 15-15: The Retreat at Desert Willow Page 12 of 13 June 11, 2015 for the property. 3. That the site is physically suitable for the type of development. The 15.52 acres is suitable for the development proposed. Environmental and traffic studies were prepared for the project area. No environmental or traffic concerns were identified that would indicate that development in this area would be unsuitable. In addition, existing commercial and residential developments have successfully constructed similar types of development in the immediate vicinity. No obstacles to development of surrounding subdivisions were experienced and, due to the proximity and similarity of the proposed development, it's reasonable to conclude that the site is physically suitable for it. The property is suitable for the proposed development as conditioned and mitigated as described in the draft Initial Study and Environmental Assessment. 4. That the site is physically suitable for the proposed density of development. As proposed, the site layout and density are consistent with surrounding development. The property allows for 5 du/acre, and the project has a density of 8 du/acre. Directly west of the property is an approved project for 159 single-family homes on 18.67 acres for a density of 9 du/acre. To the north, east, and south are portions of the golf course for Desert Willow. North of Frank Sinatra Drive is multiple housing developments zoned P.R.-5 du/acre. These developments are multiple tract maps consisting of 16 single- family residential lots ranging from 8,000 to 11,000 square feet. These developments are geared to attract the first time home buyers and families. The proposed buildings only occupy 23 percent of the property, while 44 percent will be landscape area. The density of 8 du/acre is necessary to carry out the vision of an upscale resort project. 5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injury to fish or wildlife or their habitat. For purposes of CEQA, a Negative Declaration of Environmental Impact has been prepared. The design of the project will not cause substantial environmental damage or injure fish or wildlife or their habitat since the surrounding area has been developed with similar land uses and a golf course. Environmental studies performed at the site did not identify any endangered or sensitive species. In addition, the project will pay into the Coachella Valley Multi -Species Habitat Conservation fund for the development of raw land. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The design and layout of the 112 condominium units are in compliance with all grading requirements and the properties will be developed in accordance with the Uniform California Building Code. Grade changes in the community are accommodated by the street layout and open space provided throughout the subdivision. Pedestrian access is G:\Planning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\CC -Staff Report.doc Staff Report Case No. DA/CZ/EA/PP 15-15: The Retreat at Desert Willow Page 13 of 13 June 11, 2015 provided to adjoining land uses (Desert Willow Golf Resort), which decreases the need for vehicular traffic between adjoining properties. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The proposed project will utilize an existing retention drainage basin located along the southern boundary of the project. The tract map identifies the use of this area, and the applicant is responsible for the maintenance of the retention basin outlined in the DA. Surrounding perimeter City streets are built -out to the General Plan designation and the developer will complete a median for a left turn lane within Portola Avenue. Pedestrian connections to Desert Willow Golf Course will also be provided throughout the project area. Submitted By: )�- j�t� Kevin Swartz, Assistant Planner Department Head: Lauri Aylaian, Director of Community Devel pment Manager: hn Wohlmuth, City Manager GAPlanning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\CC -Staff Report.doc ORDINANCE NO. 1285 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR THE RETREAT AT DESERT WILLOW FOR 112 CONDOMINIUM UNITS AND COMMON AREA AMENITIES ON 15.52 ACRES LOCATED AT 38-400 PORTOLA AVENUE CASE NO: DA 15-15 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21,9' day of April, 2015, hold a duly noticed public hearing to consider the request by Portola PD, LLC for approval of the above noted and adopted Planning Commission Resolution 2648 recommending approval to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 11tn day of June, 2015, hold a duly noticed public hearing to consider the request by Portola PD, LLC for approval of the above noted Development Agreement; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2014-41, the Director of Community Development has determined that the project will not have a negative impact on the environment and that a negative declaration can be adopted; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons to exist to justify the approval of said request: The Development Agreement provides the City and the developer with a higher degree of certainty of how the project will be developed, what associated fees and improvements will be required, and assurance of consistency with City policies, ordinances, regulations, and exceptions allowed as part of the zoning ordinance or DA. Listed are the key components that staff and the applicant agreed on for development of the project. • The increased project density of 8 du/acre is provided in the Development Approvals. • The maximum height of 30 feet is provided in the Development Approvals. • Developer will install a 6-foot high slump stone block wall along the Portola Avenue frontage of the retention basin. The wall must match the color, texture, width, and flagstone columns of the block wall to the existing Desert Willow perimeter block wall. • Developer will install double metal gates to provide access from Portola Avenue the retention basin and related improvements. DA 15-15 ORDINANCE NO. 1285 • Developer will install and maintain desert landscaping in front of the perimeter block wall and transfer the responsibility to the Homeowners Association (HOA) and/or include maintenance as an obligation of the HOA pursuant to the CC&Rs. • Developer will plant trees on the south side of the retention basin to screen the maintenance building. • Developer will maintain the retention basin, including the retention basin slopes, drywells, walls, and perimeter trees and other underground drainage appurtenances within the retention basin. The Developer may transfer the responsibility to the HOA. • Developer will provide a one-time maintenance "clean up" of existing landscaping on the common east/north property line adjacent to the Desert Willow Golf Resort, Golf Hole No. 6. • All homeowners (two per household) upon closing on their units automatically become the equivalent of Academy Golf Members and Platinum Club Members at the City -owned Desert Willow Golf Resort for a monthly fee of $75.00. • Golf Academy Membership and Applicable Discounts and Benefits • Unlimited Use of Academy Practice Facility • Platinum Club Membership and Applicable Discounts and Benefits • Private Golf Cart Access Throughout Resort An alternative to providing affordable, low-income, moderate -income or any other subsidized or inclusionary housing, the developer will pay an Affordable Housing Fee of $ per square foot. (The amount of the fee will be established during the public hearing when the DA is considered by the City Council.) 2. The project meets the intent of the Planned Residential zone by providing a mixture of residential densities in the surrounding area. The building density would not adversely impact any adjacent properties. The proposed buildings only occupy 23 percent of the property, while 44 percent will be landscaping. 3. The design and layout of the 112 condominium units are in compliance with all grading requirements and the properties will be developed in accordance with the Uniform California Building Code. Grade changes in the community are accommodated by the street layout and open space provided throughout the subdivision. Pedestrian access is provided to adjoining land uses (Desert Willow Golf Resort), which decreases the need for vehicular traffic between adjoining properties. G:\Planning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\CC - Development Agreement Ord..doc DA 15-15 ORDINANCE NO. 1285 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council does hereby approve Development Agreement 15-15 as proposed. 3. That Development Agreement 15-15, Exhibit "A" attached hereto, by Ordinance No. is hereby approved. 4. That the City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, 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 City Council of the City of Palm Desert, California, at its regular meeting held on the 11th day of June, 2015, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SUSAN MARIE WEBER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA G:\Planning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\CC - Development Agreement Ord-doc DA 15-15 Ordinance No. 1285 Exhibit "A" RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: City Clerk's Office City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Fee Exempt - Gov't Code §6103 (Space above for Recorder's Use) DEVELOPMENT AGREEMENT (RETREAT AT DESERT WILLOW) between THE CITY OF PALM DESERT, a California Municipal Corporation and FAMILY DEVELOPMENT GROUP, INC., a Delaware Corporation Dated as of June 11, 2015, for reference purposes only GAPlanning\Kevin SWartrWord\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\Pinal DA.doc DA 15-15 Ordinance No. 1285 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is entered by and among the City of Palm Desert, a California municipal corporation ("City"), and Family Development Group, Inc., a Delaware corporation ("Developer") with reference to the following facts: RECITALS. A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted the "Development Agreement Statute," Sections 65864 et seq., of the Government Code. City, a California charter city, is authorized pursuant to the Development Agreement Statute to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing predictability for both City and Developer in the development process. Developer has requested that City enter into a development agreement for the development of the Property, as defined below. City enters into this Agreement pursuant to the provisions of the California Government Code, the City's General Plan, the City Municipal Code, and applicable City policies. B. Developer has entered into an Agreement of Purchase and Sale and Escrow Instructions to purchase from the Successor Agency to the Palm Desert Redevelopment Agency (SARDA") that certain parcel of approximately 15.5 acres of unimproved land commonly known as Desert Willow Lot Pad F, APN 620-400-0228, and more particularly described in Exhibit "A" (the "Property"). Developer desires to develop the Property in residential development. F. The Parties desire to enter into this Agreement in order to preserve Developer's rights to develop the Property pursuant to the applicable approvals, rules, regulations, and policies that are in place at the time of this Agreement, and to ensure sufficient funding is available to provide adequate and appropriate public facilities, infrastructure and services in advance of or at the time of need generated by the further development of the Property and that the Property will be developed in accordance with City's General Plan, and the City's Zoning Ordinance, and the Development Approvals as defined in Section 6.7. G. This Agreement constitutes a current exercise of City's police powers to provide predictability to Developer in the development approval process by vesting the permitted uses(s), density, intensity of use, and timing and phasing of development consistent with the General Plan and the Zoning Code. This Agreement allows City to realize significant economic benefits and services, which will advance the interests and meet the needs of the City's residents, businesses, and visitors to a greater extent than the current land uses. H. Developer desires to enter into this Agreement in order to eliminate uncertainty in planning for and secure orderly development of the Project, as defined in Section 6.16. 1 G1Planning\Kevin SWartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\Final DA.doc DA 15-15 Ordinance No. 1285 AGREEMENT City and Developer agree as follows: Incorporation of Recitals. Each of the Recitals set forth above are part of this Agreement. 2. Purchase and Sale Agreement. On December 23, 2014, SARDA and Developer entered that certain Agreement of Purchase and Sale and Escrow Instructions for the Property. 3. Public Hearings. On , 2015 ("Approval Date"), the City Council held a public hearing on the Development Approvals, including the approval of this Agreement, considered the recommendations of Staff, and made the findings set forth in Section 4. 4. City Council Findings. The City Council finds that this Agreement and the Development Approvals are consistent with City's General Plan, as well as all other applicable ordinances, plans, policies, and regulations of the City in effect as of the Approval Date. 4.1 The City Council finds that this Agreement will ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, assure attainment of maximum effective utilization of resources within the City, moderate the cost of housing and development to the consumer, and provide other significant benefits to the City and its residents. 4.2 The City Council finds that this Agreement strengthens the public planning process, encourages private participation in comprehensive planning, particularly with respect to the implementation of the City's General Plan, and reduces the economic costs of development and government. 4.3 The City Council finds that the best interests of the citizens of the City and the public health, safety and welfare will be served by entering into this Agreement. 4.4 The City Council finds that this Agreement is consistent with the City's General Plan. 5. Continuing Obligations. City acknowledges that this Agreement binds City now and in the future. By approving this Agreement, the City Council has elected to exercise certain governmental powers at the time of entering into this Agreement rather than deferring its actions to some undetermined future date. The terms and conditions of this Agreement have undergone extensive review by the City staff and the City Council and have been found to be fair, just and reasonable. City has concluded that the Project will serve the best interests of its citizens and 2 G:\Planning\Kevin S—tz\Word\Precise Plans\Retreat at DasertWilbw PP 15-15 TT 36874Tinal DA.doc DA 15-15 Ordinance No. 1285 that the public health, safety, and welfare will be best served by entering into this Agreement. 6. Definitions. In this Agreement, unless the context otherwise requires, the following terms and phrases shall have the following meanings, whether or not capitalized herein: 6.1 "Agreement" shall mean this Development Agreement between the City and Developer. The term "Agreement" shall include any amendment properly approved and executed pursuant to Section 8.5. 6.2 "City" shall mean the City of Palm Desert, a California municipal corporation. 6.3 "City Council" shall mean the governing legislative body of the City. 6.4 "City Municipal Code" shall mean the Palm Desert Municipal Code. 6.5 "Day" refers to a calendar day unless specifically stated as a "business day." 6.6 "Development" shall mean the improvement of the Property and other property pursuant to the Development Approvals for the purposes of completing the structures, improvements and facilities comprising or required in connection with the Project, including, but not limited to: grading; the construction of infrastructure and public and private facilities related to the Project whether located within or outside the Property; the development and construction of Units, buildings and structures on the Property; and the installation of landscaping on or adjacent to the Property. 6.7 "Development Approvals" shall mean the following entitlements, approved by the City Council on the Approval Date: a. Change of Zone, CZ 15-15; b. Precise Plan, PP 15-15 C. Negative Declaration of Environmental Impact No 15-15; d. this Agreement, DA No. 15-15; and e. Tentative Track Map, TTM 36874. 6.8 "Development Impact Fees" shall mean all fees established and imposed upon the Project by the City pursuant to the Mitigation Fee Act as set forth in California Government Code Section 66000 et seq. "Development Impact Fees" shall not include any fees that have not been established by the City pursuant to and in accordance with the Mitigation Fee Act 3 GAPlanning\Kevin SWartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\Pinal DA.doc DA 15-15 Ordinance No. 1285 6.9 "Effective Date" shall mean the date this Agreement is recorded in the Clerk -Recorder's Office of the County of Riverside, California, after having been executed by all parties thereto with notary acknowledgements pursuant to Section 14.8. 6.10 "Existing Land Use Regulations" means all Land Use Regulations in effect on the Approval Date, including the Development Approvals. 6.11 "General Plan" shall mean the City of Palm Desert General Plan. 6.12 "Land Use Regulations" shall mean all ordinances, resolutions, codes, rules, regulations and official policies of the City governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Project. "Land Use Regulations" do not include any City ordinance, resolution, code, rule, regulation or official policy governing: a. The conduct or taxation of businesses, professions, and occupations applicable to all businesses, professions, and occupations in the City; b. Other than as provided in this Agreement, taxes and assessments of general application upon all residents of the City, provided that the taxes and assessments are not imposed for the purpose of taxing the right, power or privilege of developing or improving land (e.g., excise tax) or to directly finance the acquisition or dedication of open space or any other public improvement in respect of which the Developer is paying any fee or providing any improvement pursuant to this Agreement; C. The control and abatement of nuisances; d. The granting of encroachment permits and the conveyance of rights and interests which provides for the use of, access to or the entry upon public property, as may be approved by mutual agreement between Developer and City; and e. The exercise of the power of eminent domain. 6.13 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device, lender, and their successors and assigns. 4 G:\Planning\Kevin SwarMWord\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\Pinal DA.doc DA 15-15 Ordinance No. 1285 6.14 "Developer' refers to Family Development Group, Inc., a Delaware corporation. Developer" includes successors in interest to Family Development Group, Inc. 6.15 The "Parties" means the City and Developer. A "Party" refers to either the City or the Developer, as the context requires. 6.16 "Project" means the Development of the Property consistent with the General Plan, the Development Approvals and this Agreement, including development and construction of the Units and other structures, facilities and improvements on or about the Property and other property. 6.17 "Property' means the real property described in Exhibit "A" and illustrated and depicted on Exhibit "B," which exhibits are attached hereto and incorporated herein. 6.18 "Reservation of Authority" means the rights and authority specifically reserved to City which limits the assurances and rights provided to the Developer under this Agreement. The Reservation of Authority is further defined in Section 9.7. 6.19 "Retention Basin" means, as the context requires, that certain drainage and retention basin owned by City or SARDA adjacent to Portola Avenue and depicted on Exhibit "B" hereto or the City owned parcel of land within which such retention basin is located. 6.20 "Subsequent Development Approvals" means any and all permits, licenses, approvals and authorizations for or related to the Project required or permitted by the Existing Land Use Regulations, the Subsequent Land Use Regulations and this Agreement after the Approval Date, including, without limitation, all development review approvals required under the City Municipal Code, site development permits, excavation, grading, building, construction, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, drainage, landscape, or other permits or approvals necessary for the grading, construction, marketing, use and occupancy of the Project. 6.21 "Subsequent Land Use Regulations" means those Land Use Regulations adopted and first becoming effective after the Approval Date which are described in Section 9.7 ("Reservation of Authority") of this Agreement. 6.22 "Term" means the term of this Agreement as set forth in Section 8.2 of this Agreement. 6.23 "Unit" means each and any residential unit contemplated by the Development Approvals and included as part of the Project. For the purposes of Section 9.15, the term "Completed Unit" means a Unit (i) that 5 GAPlanninglKe0n SWartztWorciTreclse PlanslRetreat at Desert Willow PP 15-15 TT 36874\Final DA.doc DA 15-15 Ordinance No. 1285 has been substantially completed and constructed on the Property as part of the Project, and (ii) for which a conditional certificate of occupancy has been issued by the City (or will be issued by the City upon payment of the In -Lieu Fee (as hereafter defined)). 7. EXHIBITS. All exhibits attached to this Agreement are incorporated as a part of this Agreement. Those exhibits are: Exhibit Description "A" Property Legal Description "B" Illustration of Property Location / Overview "C11 Desert Willow Golf Resort Membership Privileges 8. GENERAL PROVISIONS 8.1 Binding Effect of Agreement. This Agreement shall be recorded against the Property and shall run with the land until the Property or any portion thereof has been released of record from this Agreement or this Agreement has terminated pursuant to the terms hereof. The Development shall be carried out only in accordance with the terms of this Agreement; provided, however, that this Agreement is not intended to compel Developer to complete the Project and Developer shall be under no obligation whatsoever to commence or complete Development of the Property on account of this Agreement. 8.2 Term of Agreement. The Term shall commence on the Effective Date. The Term shall continue for a period of ten (10) years from the Effective Date (the "Term"), subject to the following: a. During the Term, certain portions of the Property may be released from this Agreement as provided elsewhere in this Agreement. b. As provided in Section 8.3 or elsewhere within this Agreement, the Term may end earlier than the end of either the Initial Term or any extension pursuant to Section8.2(c) below. C. So long as Developer is not then in default of its obligations hereunder or under any agreement contemplated hereunder or otherwise with respect to any Land Use Regulations or Development Approvals, City agrees to consider, in its absolute discretion, an extension of the Term of this Agreement with respect to and upon the written request of Developer for an additional five (5) year period. Any such consideration by the City of an extension of the Term will require a determination by the City, in its sole discretion, that there has been no material change in the attendant 6 GAPlanning\Kevin Sw d2t Word\Precise Plans\Retreat at Desert Wilbw PP 15-15 TT 36874\Final DA.doc DA 15-15 Ordinance No. 1285 facts and circumstances relating to the Project that would warrant a material change to the Project (to the extent not completed) as currently contemplated by this Agreement. All references to the "Term" in this Agreement shall be deemed to take into account any such extension agreed to by City pursuant hereto. 8.3 Termination. This Agreement shall be deemed terminated and of no further effect upon the earlier occurrence of any of the following events: a. Expiration of the Term as set forth in Section 8.2 of this Agreement; b. Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement; C. The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement; d. Completion of the Project in accordance with the terms of this Agreement, including issuance of all required occupancy permits and acceptance by City, or the applicable public agency, of all required dedications and the satisfaction of all of Developer's obligations under this Agreement; or e. As may be provided by other specific provisions of this Agreement. 8.4 Effect of Termination or Expiration. Termination or expiration of this Agreement shall not constitute termination of the Development Approvals or Subsequent Development Approvals obtained prior to the date of termination or expiration. Upon termination of this Agreement, which termination is subject to the notice and cure rights set forth in Section 12 below, or upon expiration of the Term of this Agreement, the only rights or obligations under this Agreement which either Party shall have are those obligations that are specifically set forth as surviving this Agreement, including those described in Sections 11, 12, and 14.14. 8.5 Amendment or Cancellation of Agreement. Subject to the terms of Section 8.6, this Agreement may be amended from time to time or canceled only by the written consent of both City and Developer in the same manner as its adoption, as set forth in California Government Code Section 65868. Any amendment or cancellation shall be in a form suitable for recording in the Office of the Clerk -Recorder of the County of Riverside, California. An amendment or other modification of this Agreement will continue to relate back to the Effective Date of this Agreement (as opposed to the effective date of the amendment or modification), unless the amendment or modification expressly states otherwise. 7 GAPlanning\Kevin SwartAWord\Precise Plans\Retreat at Desert Wilbw PP 15-15 TT 36874\Final DA.doc DA 15-15 Ordinance No. 1285 8.6 Minor Modifications. The provisions of this Agreement require a close degree of cooperation between the Parties and "Minor Changes" to the Project may be required from time to time to accommodate design changes, engineering changes, and other refinements related to the details of the Parties' performance. "Minor Changes" shall mean changes to the Project that are consistent with the Development Approvals, which do not result in a change in use, an increase or decrease in density or intensity of use, significant new or increased environmental impacts that cannot be mitigated, or violations of any applicable health and safety regulations in effect on the Effective Date. Accordingly, the Parties may mutually consent to adopting "Minor Changes" through their signing of an "operating memorandum" reflecting the Minor Changes. Neither the Minor Changes nor any Operating Memorandum shall require public notice or hearing. The City Attorney and City Manager shall be authorized to determine whether proposed modifications and refinements are "Minor Changes" subject to this Section 8.6 or more significant changes requiring amendment of this Agreement. The City Manager may execute any operating memoranda without City Council action. 8.7 Term of Development Approvals. To the extent not precluded by applicable law, the expiration date of all Development Approvals shall be extended so they are coextensive with the Term of this Agreement (as same may be extended in accordance herewith). 8.8 Relationship of City and Developer. The contractual relationship between City and Developer arising out of this Agreement is one of independent contractor and not agency. This Agreement does not create a joint -venture or any third -party beneficiary rights. 8.9 Notices. All notices, demands, and correspondence required or permitted by this Agreement shall be in writing and delivered in person or mailed by first class or certified mail, postage prepaid, addressed as follows: If to City, to: City of Palm Desert Attn: City Manager 73-510 Fred Waring Drive Palm Desert, California 92260 With a copy to: Best Best & Krieger LLP Attn: Dave Erwin 74760 Highway 111, Suite 200 Indian Wells, California 92210 8 GAPlanning\Kevin SwarMWord\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\Final DA.doc DA 15-15 Ordinance No. 1285 If to Developer, to: Family Development Group, Inc. Attn: Rudy C. Herrera 73081 Fred Waring Drive Palm Desert, California 92260 With a copy to: Law Offices of Gregory L. Wasserman Attn: Greg Wasserman 700 Larkspur Landing Circle, Suite 199 Larkspur, California 94939 City or Developer may change its address by giving notice in writing to the other parties at the addresses listed above. Thereafter, notices, demands, and correspondence shall be addressed and transmitted to the new address. Notice shall be deemed given upon personal delivery or, if mailed, two (2) business days following deposit in the United States mail. 9. DEVELOPMENT OF THE PROPERTY. 9.1 Developer's Vested Right. Developer shall have the vested right to complete Development of the Property and to build -out the Project in accordance with the Development Approvals and the Subsequent Development Approvals, the Existing Land Use Regulations and this Agreement ("Developer's Vested Right"). To enable Developer to complete the Project, Developer's Vested Right shall include, but not be limited to, with the exercise of reasonable diligence, the right to the issuance of all permits and certificates of occupancy, the granting of all approvals, the conducting and performance of all reviews and inspections, and the taking of such other actions that are (i) requested by Developer, and (ii) consistent with the terms of this Agreement and the Development Approvals. In no event or circumstance shall the City's approval, granting or issuance of any Development Approvals be delayed in connection with or contingent upon the City's adoption or contemplation of an In -Lieu Fee Ordinance (as hereafter defined). Developer's Vested Right shall be subject to the Reservation of Authority set forth in Section 9.7 and all provisions of this Agreement, and may not be modified or terminated except as expressly provided by this Agreement. Upon any termination or the expiration of this Agreement, and subject to the terms of Section 8.4, Developer's rights to continue with Development of the Property to complete the Project pursuant to the Development Approvals and the Subsequent Development Approvals shall be subject to the ordinary exercise of the City's police power and City's applicable 9 G.\Planning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\Final DA.doc DA 15-15 Ordinance No. 1285 processes and procedures then in place. At that time, Developer's vested rights, if any, shall be determined by City ordinance, rules, regulations and procedures, state and federal statutes and case law and the then current factual state of the Development. 9.2 Governing Land Use Regulations. The Land Use Regulations applicable to the Project and the Property shall be the Existing Land Use Regulations. An amendment or other modification of this Agreement will not change the applicable Land Use Regulations (i.e., the Existing Land Use Regulations will control), unless the amendment or modification expressly provides otherwise. Likewise, an amendment to the Development Approvals shall not require an amendment to this Agreement. In the event of a conflict between the Development Approvals and other provisions of the Existing Land Use Regulations, the terms and conditions of the Development Approvals shall control. Except as provided under Section 9.7, the City's Reservation of Authority, Land Use Regulations that are adopted after the Approval Date shall not apply to the Property, the Development, or the Project, with the following exceptions: a. Developer and City may mutually agree in writing that the Project will be subject to one or more Land Use Regulations that are adopted after the Approval Date. With the mutual written agreement of the Parties, if those Land Use Regulations do not result in a change in use, a substantial increase or decrease in density or intensity of use, significant new or increased environmental impacts that cannot be mitigated, or violations of any applicable health and safety regulations in effect on the Approval Date, an amendment of this Agreement shall not be required to make those regulations applicable to the Property. If any of those effects would occur, then Developer and City must amend this Agreement in accordance with Section 8.5 if they desire to subject the Project to any such Land Use Regulations adopted after the Approval Date. b. The Subsequent Land Use Regulations described in Section 9.7 below shall apply to the Property, the Development, and the Project, but only to the extent permitted by Section 9.7. Nothing contained in this Section shall be deemed to authorize or permit City to withhold any building permit, review, inspection, approval, authorization, and/or certificate of occupancy based on Developer's failure to comply with any Land Use Regulation that is not applicable to the Project because of this Agreement. 9.3 Permitted Uses. Except as otherwise provided within this Agreement, the permitted uses on the Property shall be as provided in the Development Approvals. 10 GAPlanning\Kevin SwarLAWord\Precise Plans\Retreat at Desert Willow PP 15-15 TT 368747inal DAdoc DA 15-15 Ordinance No. 1285 9.4 Density and Intensity. Except as otherwise provided within this Agreement, the density and intensity of use for all Development on the Property shall be as provided in the Development Approvals. 9.5 Maximum Height and Size of Structures. Except as otherwise provided within this Agreement, the maximum height and size for all structures on the Property shall be as provided in the Development Approvals. 9.6 Requirement for Reservation and Dedication of Land. Except as otherwise provided within this Agreement, the Project's requirements for reservation and dedication of land shall be as provided in the Development Approvals. 9.7 Reservation of Authority. The following Subsequent Land Use Regulations shall apply to the Property and the Project: a. Processing fees and charges imposed by the City to cover the City's estimated or actual costs of reviewing and processing applications for Development of the Property, providing inspections, conducting annual reviews, providing environmental analysis, or for monitoring compliance with this Agreement or any Development Approvals granted or issued, provided such fees and charges are in force and effect on a general basis on the date of filing such applications with the City and are not applied to the Project in a discriminatory manner. This Section shall not be construed to limit the authority of City to charge normal and customary application, processing, and permit fees for land use approvals, building permits and other similar permits, which fees are designed to reimburse City's expenses attributable to such application, processing and permitting and are in force and effect on a City-wide basis at such time as said approvals and permits are granted by City. b. Procedural regulations applicable and applied on a City-wide basis relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. C. Provided that they are uniformly applied to all development projects within the City, regulations governing engineering and construction standards and specifications, including uniform codes adopted by the City and local amendments to those codes adopted pursuant to state law. Such codes include, without limitation, the City's adopted version of the Uniform Administrative Code, Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Fire Code. d. Regulations which may be in conflict with the Development Approvals or this Agreement but which are objectively required (and there are no available reasonable alternatives) to protect the public health and safety in the event of a sudden, unexpected 11 GAPlanning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874Tinal DA.doc DA 15-15 Ordinance No. 1285 occurrence involving a clear and imminent danger that demands immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services within the immediate community. Such regulations must be a valid exercise of the City's police power and must be applied and construed so as to provide Developer, to the maximum feasible extent, with the rights and assurances provided in this Agreement and the Development Approvals, including, without limitation, Developer's Vested Right, without unnecessary condition or undue delay. Any regulations, including moratoria, enacted by City and imposed on the Property to protect the public health and safety in the limited circumstances described above shall toll the Term and any time periods for performance by Developer and City set forth in this Agreement. 9.8 Development Impact Fees. Developer shall pay those Development Impact Fees uniformly applied to all development projects within the City in effect at the time of payment as and when typically paid for projects similar to the Project or as otherwise agreed to by the Parties. 9.9 Adequacy of Required Infrastructure. Subject to Developer's installation of all infrastructure required to serve the Project in accordance with the requirements of the Development Approvals and the Existing Land Use Regulations and subject to City's Reservation of Authority and Developer's payment of Development Impact Fees, City acknowledges and agrees that, based on current and reasonably foreseeable conditions, there is sufficient capacity in the infrastructure and services owned, operated, controlled, and provided by the City, including, without limitation, traffic circulation, storm drainage (including the capacity of the Retention Basin), trash collection, and flood control, to accommodate the Project. Notwithstanding the foregoing, City does not warrant the adequacy of and City shall not be responsible or liable for any infrastructure or services that are not owned, operated, controlled and /or provided by City. 9.10 Changes in Federal and State Law. The Property may be subject to subsequently enacted state or federal laws or regulations, which preempt local regulations, or mandate the adoption of local regulations that conflict with the General Plan and this Agreement. Upon discovery of a subsequently enacted federal or state law meeting the requirements of this Section, City or Developer shall provide the other Party with written notice of the state or federal law or regulation, provide a copy of the law or regulation, and a written statement of conflicts with the provisions of this Agreement and/or the General Plan. Promptly thereafter, City and Developer shall meet and confer in good faith in a reasonable attempt to modify this Agreement to the limited extent necessary to comply with such federal or state law or regulation. In such negotiations, City and Developer agree to preserve the terms of this Agreement and the rights of Developer as derived from this Agreement, including, without limitation, the 12 G:\Planning\Kevin SwarMWord\Precise Plans\Retreat at Desert Wilbw PP 15-15 TT 36874Tinal DA.doc DA 15-15 Ordinance No. 1285 Developer's Vested Right, to the maximum feasible extent while resolving the conflict. City agrees to cooperate with Developer in resolving the conflict in a manner which minimizes any financial impact of the conflict upon Developer. City also agrees to process Developer's proposed changes to the Project as may be necessary to comply with such federal or state law and to promptly process such proposed Project changes in accordance with City procedures. Any delays caused by such changes in state or federal law shall toll the Term of this Agreement and the time periods for performance by Developer and City set forth in this Agreement. 9.11 Compliance with CEQA. The City acknowledges and agrees that all of the environmental impacts of the Project, and any appropriate mitigation measures and alternatives, have been adequately addressed in the Development Approvals. City agrees to cooperate with Developer to process in a timely manner any additional environmental study or report circulated by Developer in connection with the ongoing Development of the Property and completion of the Project 9.12 Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties in that case to provide for the timing of development resulted in a later -adopted initiative restricting the timing of development to prevail over the parties' agreement, it is the specific intent of the Parties to provide for the timing of Development in this Agreement. To do so, the Parties acknowledge and provide that Developer shall have the right, but not the obligation, to develop the Property in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment subject to the phasing of the Development set forth in Section 9.13. 9.13 Commencement, Phasing and Sequence of Development. Developer may commence Development of the Property when it deems appropriate in its subjective business judgment. Developer may complete the Project in as many development phases and sub -phases as it deems appropriate in its subjective business judgment. However, Developer shall complete the obligations described in the Development Approvals within the Term of this Agreement or Developer's Vested Right shall be subject to limitation or qualification pursuant to the terms of Section 8.4 and Section 9.1 hereof. 9.14 Covenants, Conditions and Restrictions. Developer shall reserve and record such covenants, conditions and restrictions ("CC&Rs") against the Property that Developer deems appropriate in the exercise of its reasonable business judgment, which CC&Rs shall relate to the development, use and operation of the Project and shall contemplate the establishment of a homeowners' association to oversee the Project pursuant to the applicable terms thereof (the "HOK); provided, however, that such CC&Rs shall not conflict with the terms of this Agreement, the 13 GAPlanning\Kevin SWarbrWord\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\Final DAdoc DA 15-15 Ordinance No. 1285 Development Approvals or any Existing Land Use Regulations. Prior to recordation of such CC&Rs, Developer shall provide a copy of the CC&Rs to City for review and approval by the City Attorney. The City Attorney's review shall be limited to determining if the CC&Rs substantially comply with the terms of this Agreement, including the requirements of Section 9.15. The CC&Rs will run with the land, and, in accordance with its terms, shall be binding on Developer's successors, assigns and transferees of all or any portion of the Property. 9.15 Development of the Project. Notwithstanding any provision of this Agreement, the Existing Land Use Regulations or the Development Approvals to the contrary, but subject to compliance with all applicable legal requirements, including, but not limited to CEQA, the following requirements shall apply to the Project: a. Prior to City's issuance of any occupancy permit for the Project, but not as a condition to City's issuance of any building permits for the Project, Developer shall install a 6 foot high slump stone block wall along the Portola Avenue frontage of the Retention Basin pursuant to the applicable City approved improvement plans (the "Block Wall"). Developer shall reasonably endeavor to match the color, texture, width, and flagstone columns of the Block Wall to the existing Desert Willow perimeter block wall. Developer shall also install double metal gates (of the type commonly used for such purposes) in a location reasonably acceptable to City to provide reasonable access from Portola Avenue to the Retention Basin and related improvements. b. Prior to City's issuance of any occupancy permit for the Project, but not as a condition to City's issuance of any building permits for the Project, Developer shall install desert landscaping in front of the Block Wall (the "Block Wall Landscaping"), and shall irrigate and maintain such Block Wall Landscaping in perpetuity as part of the Project's new perimeter landscaping. Developer's obligation to install, irrigate and maintain the Block Wall Landscaping shall be consistent with the City approved landscape plan. Developer's obligation to install, irrigate and maintain the Block Wall Landscaping may be transferred to the HOA and/or included as an obligation of the HOA pursuant to the CC&Rs, in either of which event Developer shall be released from said obligation. C. Developer shall plant trees on the South side of the Retention Basin Developer running east -west to screen off the maintenance building (the "Retention Basin Trees"), which Retention Basin Trees shall be planted in conformance with the approved landscaping plan for the Project, if and to the extent reflected therein, or otherwise to the reasonable satisfaction of the City. Furthermore, Developer shall reasonably maintain the Retention Basin, including 14 G.\Planning\Kevin Swartz\Word\Precise Plane\Retreat at Desert Willow PP 15-15 TT 36874\Final DA.doc DA 15-15 Ordinance No. 1285 the Retention Basin Trees slopes, drywells, walls and other underground drainage appurtenances within the retention basin, in accordance with all City ordinances; rules and regulations, which obligation shall include quarterly clean up. Developer's obligation to maintain the Retention Basin, including the Retention Basin Trees slopes, drywells, walls and other underground drainage appurtenances within the retention basin, may be transferred to the HOA and/or included as an obligation of the HOA pursuant to the CC&Rs, in either of which event Developer shall be released from said obligation. d. Prior to City's issuance of any occupancy permit for the Project, but not as a condition to City's issuance of any building permits for the Project, Developer shall provide a one-time maintenance "clean up" of existing landscaping on the common east/north property line adjacent to the Desert Willow Golf Resort, hole No. 6, in a manner that is reasonably acceptable to City. Such obligation shall not require Developer to install new landscaping or to install, repair or replace any irrigation system servicing such existing landscaping. e. Unit owners shall, upon closing on their respective Completed Unit, automatically become the equivalent of an Academy Golf Member and Platinum Club Member at the City owned Desert Willow Golf Resort adjacent to the Property (each a "Unit Member") for the Monthly Unit Access Fee (as set forth below) with no additional fees or costs or buy -in amount pursuant to the terms of the CC&Rs (or an amendment thereto) and a separate agreement between Developer, City and the HOA addressing the specific terms of Unit Membership (the "Desert Willow Unit Membership Agreement"). City and Developer shall cooperate with each other and the HOA with respect to finalizing the Desert Willow Unit Membership Agreement and the applicable terms of the CC&Rs (or an amendment thereto) as soon as practicable. The Desert Willow Unit Membership Agreement shall contemplate, among other things, that (i) each owner of a Completed Unit (but no more than two co - owners per Completed Unit) shall become a Unit Member upon the closing on their respective Completed Unit, (ii) each Unit Member shall have, without limitation, the benefit of all of those certain Desert Willow Golf Resort Membership Privileges set forth on Exhibit "C" attached hereto and incorporated herein, (iii) the HOA shall be responsible for collecting the Monthly Unit Access Fees from the owners of Completed Units and paying same over to City (or the then owner of the Desert Willow Golf Resort), which Monthly Unit Access Fees shall be paid by the HOA to the City on a quarterly basis, (iv) such agreement is intended to be perpetual in nature and shall run with the land and be recorded against the land underlying the Desert Willow Golf Resort, (v) the Monthly Unit 15 G:\Planning\Kevin Swartz\Word\Precise Plane\Retreat at Desert Willow PP 15-15 TT 36874\Pinal DA.doc DA 15-15 Ordinance No. 1285 Access Fee shall be fixed at $75 per month per Completed Unit, and (vi) Developer shall not be responsible for the payment of any Monthly Unit Access Fees. f. As an alternative to providing affordable, low-income, moderate - income or any other subsidized or inclusionary housing (as applicable, "Subsidized Housing") at the Project, Developer shall pay an Affordable Housing Fee of $ per square foot of habitable space with respect to the Units pursuant to the terms hereof, unless the City adopts an Affordable Housing Fee applicable to new residential development in the City ("City -Wide Affordable Housing Fee"), in which case the City -Wide Affordable Housing Fee shall apply. Except as may be otherwise agreed to by the Parties, and unless the City -Wide Affordable Housing Fee (as hereafter defined) contemplates a later payment, any Affordable Housing Fee that may be paid by Developer pursuant to the terms of this Agreement for or with respect to a Unit shall be paid by Developer to City, on a Unit by Unit basis, upon and as a condition to the City's issuance of a building permit for a given Unit. Furthermore, in the event that any Affordable Housing Fees are paid by Developer exclusive of City -Wide Affordable Housing Fee in connection with the Project, City and Developer shall reasonably cooperate to explore entering into a separate agreement pursuant to which Developer may utilize any such Affordable Housing Fees paid by Developer to supply Subsidized Housing in the City. As used herein, the term "Affordable Housing Fee" means a fee imposed by this Agreement payable by Developer to the City as an alternative to providing Subsidized Housing at the Project that applies to each Unit. Subject to the foregoing, the Affordable Housing Fee shall be superseded by any applicable ordinance formally adopted by the City at any time which ordinance primarily concerns the payment of a fee by real estate developers in connection with a given project as an alternative to any such developer providing Subsidized Housing in the City as part of such project (an "City -Wide Affordable Housing Fee"). 9.16 Construction of the Proiect. In addition to constructing the Project in accordance with the Development Approvals, Developer shall take commercially reasonable best efforts to incorporate plumbing and irrigation systems that allow for the use of reclaimed water on the medians, parks, and all landscaped areas on the Property. Developer shall take commercially reasonable best efforts to incorporate within the Project certain construction concepts promoted by the U.S. Green Building Council. 9.17 Access to and Over and Utilization of Retention Basin. The Project shall have the right to utilize the Retention Basin, in compliance with all 16 GAPlanning\Kevin SWartz\WordTraclse Plans\Retreat at Desert Willow PP 15-15 TT 36874Tinal DA.doc DA 15-15 Ordinance No. 1285 applicable laws, rules and regulations but without further restriction or qualification, for storm water and drainage discharge and runoff. Furthermore, Developer and Developer's successors, assigns and transferees (including owners of any portion of the Property) shall have the right to access and cross over and through the Retention Basin and the City owned maintenance area adjacent to and south of the Property using paths, sidewalks and/or walkways to be constructed by Developer to provide pedestrian and golf cart access to and from the Desert Willow Golf Resort and associated golf courses. Upon request of Developer, the rights and interests of Developer set forth in this Section 9.17 shall be memorialized in one or more easement agreements between City and Developer in form and substance consistent with the foregoing and otherwise reasonably acceptable to the Parties. 10. ANNUAL REVIEW. 10.1 Timing of Annual Review. Pursuant to Government Code Section 65865.1, City shall review the good faith compliance of Developer with the terms of this Agreement one time during every twelve (12) month period of the Term until substantial build -out of the Project has occurred ("Annual Review"). 10.2 Standards for Annual Review. During the Annual Review, Developer shall be required to demonstrate good faith compliance with the terms of this Agreement. If City Council or its designee finds and determines, based on substantial evidence, that Developer has not complied in good faith with the terms or conditions of this Agreement, then City may proceed in accordance with Section 12 of this Agreement pertaining to the potential default of Developer and the opportunities for cure. City shall establish and Developer shall pay a reasonable fee to cover the costs incurred by City in connection with the Annual Review (the "Annual Review Fee"). 10.3 Certificate of Compliance. At any time during any year that the City Council or its designee finds that Developer is in compliance with this Agreement, City shall, upon written request by Developer, provide Developer with a written certificate of good faith compliance within fifteen (15) days of City's receipt of Developer's request for same. 11. THIRD PARTY LITIGATION. 11.1 General Plan Litigation. City has determined that this Agreement is consistent with its General Plan. Developer has reviewed the General Plan and concurs with City's determination. Neither Developer nor City shall have any liability under this Agreement or otherwise for any failure of City to perform under this Agreement, or for the inability of Developer to proceed with Development the Property as contemplated by the Development Approvals or this Agreement, if such failure or inability is the 17 GAPlanning\Kevin SWartAWord\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\Final DAdoc DA 15-15 Ordinance No. 1285 result of a judicial determination that part or all of the General Plan is invalid, inadequate, or not in compliance with law. 11.2 Third Party Litigation Concerning Agreement. In the event of any legal challenge instituted by a third party challenging the validity of any provision of the Development Approvals including this Agreement, Developer and City each shall have the right, in its sole discretion, to elect whether or not to defend such action. Developer shall, at Developer's expense, defend, indemnify, and hold City, its agents, officers and employees harmless from any claim, action or proceeding against City, its agents, officers or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any Development Approvals or Subsequent Development Approvals granted pursuant to this Agreement, unless Developer elects to abandon the Project or the underlying Development Approval or Subsequent Development Approval. City shall promptly notify Developer of any such claim, action or proceeding, and City shall cooperate in the defense. 11.3 Indemnity. In addition to the provisions of Section 11.2, Developer shall indemnify and hold City, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or alleged upon any act or omission of Developer, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury or death (Developer's employees included) or any other element of damage of any kind or nature, relating to or arising from Development of the Project, except for claims for damages arising through the active negligence or intentional or willful misconduct of City or any of its officers, agents, employees and independent contractors. Developer shall defend, at Developer's expense, including attorneys' fees, City, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions of Developer that are subject to such indemnity obligation. City may in its discretion participate in the defense of any such legal claim, action or proceeding. 11.4 Environmental Contamination. Developer shall indemnify and hold City, its officers, agents, and employees free and harmless from any liability, based or alleged, upon any act or omission of Developer, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, resulting in any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Developer shall defend, at its expense, including attorneys' fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense of any such claim, action or proceeding. Notwithstanding anything to the contrary set forth in this Section, Developer shall not be responsible 18 G1Planning\Kevin SWartz\Word\Pf ise Plans\Retreat at Desert Willow PP 15-15 TT 36874\Final DA.doc DA 15-15 Ordinance No. 1285 hereunder and shall not be required to indemnify City, its officers, agents and employees for, from or against or with respect to (a) clean-up and removal of groundwater contamination migrating to or from an adjacent property not owned by Developer, or (b) pre-existing conditions affecting the Property (including the discovery or existence of hazardous substances in, on or about the Property and associated groundwater), or (c) for soil conditions and other environmental contamination that resulted from the act or omission of City its officers, agents, contractors, consultants and employees. 11.5 City to Approve Counsel. With respect to Sections 11.1 through 11.4, City reserves the right to either (a) approve the attorney(s) that Developer selects, hires or otherwise engages to defend City, which approval shall not be unreasonably withheld, or, (b) at City's sole discretion, and unless Developer has elected to abandon the Project or the underlying Development Approval or Subsequent Development Approval, conduct its own defense, provided, however, that if City elects to conduct its own defense, Developer shall reimburse City for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefore; provided, however, that the City shall be responsible for salaries, benefits, administrative and overhead expenses incurred by the City in connection with any such defense. City shall not have the right to approve counsel selected by Developer to represent Developer's interests in any litigation. 11.6 Processing During Third Party Litigation. The filing of any third party lawsuit(s) against City or Developer relating to this Agreement, the Development Approvals, or other development issues affecting the Property shall not delay or stop the Development of the Property, processing related to or construction of the Project, approval of the Development Approvals and Subsequent Development Approvals, or issuance of any other "Ministerial Approvals," unless the third party obtains a court order preventing the activity. City shall not stipulate to the issuance of any such order. For purposes of this Section, the term "Ministerial Approvals" shall mean the issuance of approvals or permits requiring the determination of conformance with the Existing Land Use Regulations, including, without limitation, site plans, design review, development plans, land use plans, grading plans, improvement plans, building plans and specifications, and ministerial issuance of one or more final maps, zoning clearances, grading permits, improvement permits, wall permits, building permits, lot line adjustments, conditional and temporary use permits, certificates of use and occupancy and approvals and entitlements and related matters as may be necessary for the completion of the Development of the Property. 11.7 Survival. The provisions of this Section 111, shall survive the termination, cancellation or expiration of this Agreement. 19 GAPlanning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\Final DA.doc DA 15-15 Ordinance No. 1285 12. DEFAULTS AND REMEDIES. 12.1 Notice and Termination. Before either Party may declare a default or termination of this Agreement or bring a legal action to terminate this Agreement, and before any Party shall be deemed or considered to be in default of this Agreement, the procedures of this Section 12 must be followed. In the case of a default arising from the conduct of an Annual Review, the procedures of this Section shall be strictly followed and shall constitute a second review of the good faith compliance of Developer. The Party asserting a default (the "Non -Defaulting Party") may elect to do so by providing written notice to the Party alleged to be in default (the "Defaulting Party") setting forth the nature of the default and the actions, if any, required by the Defaulting Party to cure the default. The Defaulting Party shall be deemed in default if the Defaulting Party fails to cure the default within thirty (30) business days after the date of such notice (for monetary defaults) or within sixty (60) business days after the date of such notice (for non -monetary defaults) so long as the Defaulting Party has commenced efforts to cure the default within thirty (30) business days after receipt of the default notice and thereafter continues to diligently pursue a cure; provided, however, that if the nature of the alleged default is such that it cannot reasonably be cured within such 60 business day period, the Defaulting Party shall not be deemed to be in default of this Agreement if it has commenced efforts to cure the default within thirty (30) business days after receipt of the default notice and thereafter continues to diligently pursue a cure. 12.2 Default Remedies. A Non -Defaulting Party who has complied with the notice of default and opportunity to cure requirements of Section 12.1 may, at its option, institute legal action to cure, correct, or remedy the alleged default, enjoin any threatened or attempted violation, terminate this Agreement by written notice to the Defaulting Party, enforce the terms of this Agreement by specific performance, or pursue any other legal or equitable remedy. These remedies shall be cumulative rather than exclusive, except as otherwise provided by law. Notwithstanding the foregoing, in no event or circumstance shall Developer be compelled to initiate, continue or complete Development of the Property or completion of the Project or any aspect or component thereof pursuant to a specific performance action or any other legal or equitable remedy or judicial order. Furthermore, the City, after first following the procedures set forth in Section 12.1, may give notice of its intent to terminate or modify this Agreement for an uncured default, in which event the matter shall be scheduled for consideration and review by the City Council. 20 GAPlanning\Kevin SWartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\Final DA.doc DA 15-15 Ordinance No. 1285 12.3 Developer's Exclusive Remedy. City and Developer acknowledge that, subject to the terms of Section 14.14 hereof, neither City nor Developer would have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement, the General Plan, or the Development Approvals. Accordingly, except as otherwise stated in this Section 12.3, neither Party shall sue the other for damages or monetary relief of any kind for any matter related to this Agreement, the General Plan, or the Development Approvals. City may, however, sue Developer for the payment of sums due from Developer to City under provisions of this Agreement which are expressly stated to survive termination of this Agreement and which establish a financial obligation of Developer pursuant to their express terms. Subject to the terms of Section 14.14 hereof, Developer's remedies shall be limited to declaratory and injunctive relief, mandate, and specific performance. 12.4 Waiver; Remedies Cumulative. All waivers of performance must be in a writing signed by the Party granting the waiver. There are no implied waivers hereunder. Failure by City or Developer to insist upon the strict performance of any provision of this Agreement, irrespective of the length of time for which such failure continues, shall not constitute a waiver of the right to demand strict compliance with this Agreement in the future. A written waiver affects only the specific matter waived and defines the performance waived and the duration of the waiver. Unless expressly stated in a written waiver, future performance of the same or any other condition is not waived. A Party who complies with the notice of default and opportunity to cure requirements of Section 12.1 and elects to pursue a legal or equitable remedy available under this Agreement does not waive its right to pursue any other remedy available under this Agreement, unless prohibited by statute, Court rules, or judicial precedent. Delays, tolling, and other actions arising under Section 14.9, and any other tolling provision set forth in this Agreement, shall not be considered waivers subject to this Section 12.4. 12.5 Alternative Dispute Resolution. Any dispute between the Parties may, upon the mutual agreement of the Parties, be submitted to mediation, binding arbitration, or any other mutually agreeable form of alternative dispute resolution. While an alternative dispute process is pending, the statute of limitation shall be tolled for any claim or cause of action which either of the Parties may have against the other. 13. ENCUMBRANCES, ASSIGNMENTS, AND RELEASES. 13.1 Discretion to Encumber. This Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from 21 G'\Planning\Kevin SwarLMor&Precise Plans\Retreat at Desert Willow PP 15-15 TT 366741Final DAdoc DA 15-15 Ordinance No. 1285 encumbering some or all of the Property or any improvement on the Property by or in connection with (a) any mortgage, deed of trust, or other security device to secure financing related to the Property or the Project, or (b) any other encumbrance or interest in the Property, including, without limitation, the Development Approvals, any easements or reciprocal easements, licenses, the CC&Rs and any other covenants, conditions or restrictions applicable to the Property or the Project. 13.2 Mortgagee Protection. City acknowledges that the lender(s) providing financing secured by the Property and/or its improvements may require certain Agreement interpretations and modifications. City shall, at any time requested by Developer or the lender, meet with Developer and representatives of such lender(s) to negotiate in good faith any such interpretation or modification. City will not unreasonably withhold its consent to any requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: a. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the Property made in good faith and for value. b. If City timely receives a prior request from a Mortgagee requesting a copy of any notice of default given by City to Developer under the terms of this Agreement, City shall provide a copy of such default notice to the Mortgagee within ten (10) days of sending the notice of default to Developer. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed Developer under Section 12.1 of this Agreement. C. Except as otherwise provided within this Agreement, any Mortgagee who comes into possession of some or all of the Property pursuant to foreclosure of a mortgage or deed of trust, or deed in lieu of such foreclosure, shall: 13.2.c.1 Take that property subject to the terms of this Agreement and as Developer's successor; and 13.2.c.2 Have the rights and obligations of an Assignee as set forth in Sections 13.3 and 13.4. d. The Mortgagee shall have the right to rely on the same Development related rights and assurances provided to Developer as contained within this Agreement, provided that any Development proposed by the Mortgagee is in substantial conformance with the terms of this Agreement. 22 GAPlanning\Kevin SwartYMord\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874Tinal DA.doc DA 15-15 Ordinance No. 1285 e. The Mortgagee shall not be liable for any defaults or monetary obligations of Developer arising prior to acquisition of title to the Property by the Mortgagee, except that the Mortgagee may not pursue Development pursuant to this Agreement until all delinquent and current fees and other monetary obligations due under this Agreement for the portions of the acquired by the Mortgagee have been paid to City. 13.3 Transfer or Assignment. Subject to Section 13.5, Developer shall have the right to sell, transfer, or assign its rights and obligations under this Agreement (collectively, an "Assignment") in connection with a transfer of Developer's interest in all or any portion of the Property (as applicable, the "Transferred Property"). No Assignment shall be made unless made together with the sale, transfer or assignment of all or part of the Property. Within fifteen (15) business days after any Assignment, Developer shall notify City in writing of the Assignment and provide City with an agreement, in a form reasonably acceptable to City, executed by the purchaser, transferee or assignee (collectively, the "Assignee") to expressly and unconditionally assume all duties and obligations of Developer under this Agreement with respect to the Transferred Property. 13.4 Effect of Assignment. Subject to Section 13.5, upon an Assignment: a. The Assignee shall be liable for the performance of all obligations of Developer under this Agreement with respect to Transferred Property, but shall have no obligations hereunder with respect to the portions of the Property, if any, not transferred (the "Retained Property"). b. The Developer of the Retained Property shall be liable for the performance of all obligations of Developer under this Agreement with respect to Retained Property, but shall have no further obligations hereunder with respect to the Transferred Property and shall be released from any obligation under this Agreement that arise from or in connection with or relate to the Transferred Property. C. The Assignee's exercise, use and enjoyment of the Transferred Property shall be subject to the terms of this Agreement to the same extent as if the Assignee were the Developer for the Transferred Property, and for the purposes of this Agreement, such Assignee shall be deemed and considered to be the Developer hereunder with respect to the Transferred Property. 13.5 City's Consent. The City's consent shall not be required to an Assignment unless, at the time of the Assignment, Developer has been deemed to be in default pursuant to Section 12 and the default has not been cured. If 23 GAPlanning\Kevin SwarU\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\Final DA.doc DA 15-15 Ordinance No. 1285 Developer is in default at the time of an Assignment, City shall consent to any Assignment which provides adequate security to City, in the reasonable exercise of City's discretion, to guarantee the cure of the default upon completion of the Assignment. 14. MISCELLANEOUS PROVISIONS. 14.1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory; "may" is permissive. 14.2 Entire Agreement. This Agreement constitutes the entire understanding and agreement of City and Developer with respect to the matters set forth in this Agreement. This Agreement supersedes all negotiations or previous agreements between City and Developer respecting the subject matter of this Agreement. 14.3 Recorded Statement Upon Termination. Upon the completion of performance of this Agreement or its cancellation or termination, a statement evidencing completion, cancellation, or termination signed by the appropriate agents of City, shall be recorded in the Official Records of Riverside County, California. 14.4 Project as a Private Undertaking. It is specifically understood by City and Developer that (i) the Project is a private development; (ii) neither City has no interest in or responsibilities for or duty to third parties concerning any improvements to the Property unless City accepts the improvements pursuant to the provisions of this Agreement or in connection with subdivision map approvals; and (iii) Developer shall have the full power and exclusive control of the Property subject to the obligations of Developer set forth in this Agreement. No Party is acting as the agent of any other Party in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement with respect to any Parties hereto. The only relationship between City and Owners is that of a government entity regulating the development of private property and the owners of such property. 14.5 Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this Agreement. 14.6 Consent. Where the consent or approval of City or Developer is needed to implement Development under this Agreement or otherwise in connection with the Development Approvals or the Subsequent Development Approvals, then except as otherwise expressly provided 24 GAPlanning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\Final DA.doc DA 15-15 Ordinance No. 1285 herein, consent or approval shall not be unreasonably withheld, delayed, or conditioned. 14.7 Covenant of Cooperation. City and Developer shall cooperate and deal with each other in good faith, and assist each other in the performance of the provisions of this Agreement. 14.8 Execution and Recording. Within sixty (60) days after the effective date of Ordinance No. , the ordinance adopting this Agreement, Developer's representatives shall execute three copies of this Agreement with notary acknowledgements and deliver them to the City Clerk. The City Clerk shall then promptly cause each of the three copies of this Agreement to be signed by the appropriate representatives of the City with notary acknowledgements, and promptly record a copy with the Office of the Clerk -Recorder of the County of Riverside, California, at which point this Agreement shall become effective. 14.9 Delay, Extension of Time for Performance. Performance by either Party of its obligations under this Agreement shall be excused, and the Term shall be extended, during any period of delay caused at any time by reason of any event beyond the control of City or Developer which prevents or delays performance by City or Developer of obligations under this Agreement. Such events shall include, by way of example and not limitation, acts of nature, war, riots, insurrection, terrorism, enactment of new conflicting federal or state laws or regulations (example: listing of a species as threatened or endangered), judicial actions such as the issuance of restraining orders and injunctions, delay in the issuance of bonds or formation of any community facilities or assessment districts, and riots, strikes, labor shortages or damage to work in process by reason of fire, floods, earthquake, or other such casualties. If City or Developer seeks excuse from performance, it shall provide written notice of such delay to the other Party within thirty (30) days of the commencement of such delay. If the delay or default is beyond the control of City or Developer and is excused, an extension of time for such cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon. If a Party's delay or default is not excused, the Party making the request may seek judicial review of the need for the delay, including requests for injunctive relief. 14.10 Interpretation, Governing Law, and Venue. In any dispute regarding this Agreement, the Agreement shall be governed and interpreted in accordance with the laws of the State of California. Venue for any litigation concerning this Agreement shall be in Riverside County, California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in 25 GAPlanning\Kevin SWartrWord\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\Final DA.doc DA 15-15 Ordinance No. 1285 interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 14.11 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 14.12 Estoppel Certificate. Within thirty (30) days following a written request by any of the Parties, the other Party shall execute and deliver to the requesting Party a statement certifying that: a. This Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and b. There are no known current uncured defaults under this Agreement, or that the responding Party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification except as may be represented by the requesting Party and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party. Developer shall pay to City all reasonable costs incurred by City in connection with the issuance of estoppel certificates under this Section 14.12 prior to City's issuance of such certificates. 14.13 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 14.14 Future Litigation Expenses. a. Payment to Prevailing Party. If either Party brings a legal or equitable proceeding against the other Party which arises in any way out of this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and all other reasonable costs and expenses incurred in that proceeding. b. Scope of Fees. Attorneys' fees under this Section shall include attorneys' fees on any appeal and in any post -judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the termination of this Agreement. C. Limitation of Liability. Developer's obligations under this Agreement are solely those of Developer. In no event shall any present, past or future officer, director, shareholder, employee, partner, affiliate, 26 G:\Planning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\Final DA.doc DA 15-15 Ordinance No. 1285 manager, representative or agent of Developer ("Related Parties") have any personal liability, directly or indirectly, under this Agreement. Recourse in any way connected with or arising from this Agreement shall not be available against any of the Related Parties. 14.15 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. 14.16 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 14.17 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 14.18 Further Actions and Instruments. Upon the request of any Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement. The provisions of this section shall not require the taking of any actions which are prohibited by law or, except as expressly set forth in this Agreement, impair the lawful discretion of City as to those matters to which the law otherwise imparts discretion to City. 14.19 Subsequent Amendment to Authorizing Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Statute in effect as of the Effective Date. Accordingly, to the extent any subsequent amendment to the Development Agreement Statute would affect the provisions of this Agreement, such amendment shall not be applicable to this Agreement except to the extent necessary for this Agreement to be enforceable. Developer and City have executed this Agreement on the dates set forth on the Signature Page. 27 G:\Planning\Kevin SwarL\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 38874\Final DA.doc DA 15-15 Ordinance No. 1285 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement (Retreat at Desert Willow). CITY DEVELOPER City of Palm Desert Family Development Group, Inc. By: By: Mayor Its: Date: Date: ATTEST: And By Rachelle Klassen, City Clerk By: Date Its: APPROVED AS TO FORM: Date: By: David Erwin for Best & Krieger LLP City Attorney Date: 28 GAPlanning\Kevin SWart2\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\Final DA.doc *A:I1 311 dv-ll% LEGAL DESCRIPTION Real property in the City of Palm Desert, County of Riverside, State of California, described as follows: LOT 3 OF TRACT NO. 28450, IN THE CITY OF PALM DESERT, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 264 PAGE(S) 4 THROUGH 15, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTING THEREFROM ALL OIL AND GAS RESERVED BY THE UNITED STATES OF AMERICA AND 1/16 OF ALL COAL AND OTHER MINERAL DEPOSITS (EXCEPTING OIL AND GAS) RESERVED BY THE STATE OF CALIFORNIA, ALL AS RESERVED IN THE PATENT RECORDED JANUARY 27, 1927 IN BOOK 9 PAGE 208, OF PATENTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER SAID LAND, AS SET FORTH IN THE DEED OF JOHN J. KOVACEVICH AND BEVERLY ELLEN KOVACEVICH, HUSBAND AND WIFE, RECORDED JANUARY 20, 1959 AS INSTRUMENT NO. 5010 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BY A QUITCLAIM DEED DATED JANUARY 29, 1979 AND RECORDED FEBRUARY 8, 1979 AS INSTRUMENT NO. 27479 OF OFFICIAL RECORDS, ANY AND ALL SURFACE ENTRY RIGHTS IN AND TO THE SURFACE AND SUB -SURFACE TO A DEPTH OF 500 FEET WAS CONVEYED TO FIRST AMERICAN TRUST COMPANY, TRUSTEE. EXCEPTING THEREFROM THOSE PORTION QUITCLAIMED TO THE CITY OF PALM DESERT, A MUNICIPAL CORPORATION, RECORDED SEPTEMBER 21, 2014 AS INSTRUMENT NO. 20140268856 OF OFFICIAL RECORD. APN: 620-400-028-4 29 G1Planning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36674\Final DA.doc EXHIBIT "B" ILLUSTRATION OF PROPERTY LOCATION / OVERVIEW DANIELIAN ASSOCIATES. r `Ehibit ❑ The Retreat at Desert Willow L -ATERR.ANOVA' Project Site Plan Planning Planning & ftesmrci4 lae Palm Descrtr California 30 G:\Planning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\Final DA.doc EXHIBIT "C" DESERT WILLOW GOLF RESORT MEMBERSHIP PRIVILEGES 1. Golf Academy Membership and Applicable Discounts and Benefits 2. Unlimited Use of Academy Practice Facility 3. Platinum Club Membership and Applicable Discounts and Benefits 4. Private Golf Cart Access Throughout Resort 31 G.\Planning\Kevin SWartz\Word\Preoise Plane\Retreat at Desert Willow PP 15-15 TT 36874\Final DA.doc ORDINANCE NO. 1286 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE APPLICATION FOR THE RETREAT AT DESERT WILLOW FOR A HIGHER DENSITY FROM FIVE DWELLING UNITS PER ACRE TO EIGHT DWELLING UNITS PER ACRE TO ACCOMADATE 112 CONDOMINIUM UNITS AND COMMON AREA AMENITIES ON 15.52 ACRES LOCATED AT 38-400 PORTOLA AVENUE CASE NO: CZ 15-15 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21 st day of April, 2015, hold a duly noticed public hearing to consider the request by Portola PD, LLC for approval of the above noted and adopted Planning Commission Resolution 2648 recommending approval to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 11tn day of June, 2015, hold a duly noticed public hearing to consider the request by Portola PD, LLC for approval of the above noted Change of Zone application; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2014-41, the Director of Community Development has determined that the project will not have a negative impact on the environment and that a negative declaration can be adopted; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons to exist to justify the approval of said request: The 15.52 acres is suitable for the change of zone and development proposed. Environmental and traffic studies were prepared for the project area. No environmental or traffic concerns were identified that would indicate that development in this area would be unsuitable. In addition, existing commercial and residential developments have successfully constructed similar types of development in the immediate vicinity. No obstacles to development of surrounding subdivisions were experienced and, due to the proximity and similarity of the proposed development, it's reasonable to conclude that the site is physically suitable for it. The property is suitable for the proposed development as conditioned and mitigated as described in the draft Initial Study and Environmental Assessment. 2. The change of zone meets the intent of the Planned Residential zone by providing a mixture of residential densities in the surrounding area. The building density would not adversely impact any adjacent properties. The proposed buildings only occupy 23 percent of the property, while 44 percent will be landscaping. ORDINANCE NO. 1286 3. As proposed, the site layout and density are consistent with surrounding development. The property allows for 5 du/acre, and the project has a density of 8 du/acre. Directly west of the property is an approved project for 159 single- family homes on 18.67 acres for a density of 9 du/acre. To the north, east, and south are portions of the golf course for Desert Willow. North of Frank Sinatra Drive is multiple housing developments zoned P.R.-5 du/acre. These developments are multiple tract maps consisting of 16 single-family residential lots ranging from 8,000 to 11,000 square feet. These developments are geared to attract the first time home buyers and families. The density of 8 du/acre is necessary to carry out the vision of an upscale resort project. 4. The design and layout of the 112 condominium units are in compliance with all grading requirements and the properties will be developed in accordance with the Uniform California Building Code. Grade changes in the community are accommodated by the street layout and open space provided throughout the subdivision. Pedestrian access is provided to adjoining land uses (Desert Willow Golf Resort), which decreases the need for vehicular traffic between adjoining properties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council does hereby approve Change of Zone 15-15 as proposed. 3. That Change of Zone 15-15, Exhibit "A" attached hereto, by Ordinance No. 1286 is hereby approved. 4. That the City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, 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. GAPlanning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\CC - Change of Zone Ord..doc ORDINANCE NO. 1286 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 11th day of June, 2015, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SUSAN MARIE WEBER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA G:\Planning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\CC - Change of Zone Ord-doc ORDINANCE NO. 1285 Exhibit "A" ---- -- D _... _ Li d!S_DN WILLINGfTON1 ALPINE IN W UN IVERSITY_ POINTE D-P.R--~ d cT / w ATMlRWOOD OR DAISY LN PELE PL P.R.'-5 �� P.R,5 FRANK. 51MATRA DR FRANK SlNATRA DR— P.R.-9 Q O.S. 4AO \ P.R. ¢° � P.R.-5 i Wp�Dw T P.R.-5 ,ice P.R.-5 P.R.-5 P.R.-5 P.R.-10 P.R.-5 11NE , Proposed �� C, c cAHron W Zoning IV Change m a ccrrD� r s� f .R.-5I� \\\\ q a PR 5 Bpk�N gD MUSTANG TO —5 a RIDGE DR PR 8 City of Palm Desert Dq yALVpCase No. CZ15-15 CITY COUNCIL CHANGE OF ZONE ORDINANCE NO. �EXHIBIT A Date: June 11, 2015 �FURM" G:\Planning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\CC - Change of Zone Ord..doc RESOLUTION NO. 2015-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONSIDERING APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A DEVELOPMENT AGREEMENT, A CHANGE OF ZONE TO ESTABLISH A HIGHER DENSITY, A PRECISE PLAN OF DESIGN, AND TENTATIVE TRACT MAP 36874 TO SUBDIVIDE 15.52 ACRES INTO 112 CONDOMINIUM UNITS AND COMMON AREA AMENITIES LOCATED AT 38-400 PORTOLA AVENUE CASE NO: DA/CZ/EA/PP 15-15 AND TTM 36874 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of April, 2015, hold a duly noticed public hearing to consider the request by Portola PD, LLC for approval of the above noted and adopted Planning Commission Resolution 2648 recommending approval to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 11tn day of June, 2015, hold a duly noticed public hearing to consider the request by Portola PD, LLC for approval of the above noted Development Agreement; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2014-41, the Director of Community Development has determined that the project will not have a negative impact on the environment and that a negative declaration can be adopted; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons, which are outlined in the Development Agreement and staff report, exist to justify approval of said request: FINDINGS FOR APPROVAL: That the density of the proposed subdivision is consistent with applicable general and specific plans. The property is designated Resort Commercial in the General Plan. The parcel was part of the Desert Willow Master Plan. The master plan identified this property for a hotel or timeshares. City staff reviewed the Desert Willow Master Plan and determined that the interior parcels of Desert Willow were better suited for hotel or timeshare uses since they are centrally integrated into the overall property, and that this parcel was better suited for a higher end residential development since the property frontage is not within Desert Willow Resort. The project density of 8 du/acre is lower than what a hotel or timeshare project would be. The proposed density is in keeping with the surrounding developments. RESOLUTION NO. 2015-55 The General Plan Land Use Element Residential Goal 1 proposes that "The City provide a balanced range of housing types, densities that accommodate existing and future residents across all socio-economic sectors of the community. " Goal 2 proposes 'A diverse resort residential community of desirable residential neighborhoods." The General Plan Land Use Element Residential Policy 5 states, "The City shall consistently apply principles of land use compatibility optimizing the ability of proposed development to complement adjoining planned and existing land uses" The project complies with the General Plan and the density is consistent with the City of Palm Desert Comprehensive General Plan. There is no specific plan for the subject property. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvements of the proposed subdivision have been reviewed by the Planning Department, Economic Development, Fire Department, and Public Works Department for consistency with the General Plan and emergency services. The street and utility improvements, circulation patterns, and drainage improvements meet all requirements of the General Plan. All existing perimeter streets are in conformance with the General Plan and minor road work for a median within Portola Avenue is needed. All internal project streets that serve Tentative Tract Map 36874 conform to City standards and are consistent with adjoining residential developments. There are no specific plans for the property. 3. That the site is physically suitable for the type of development. The 15.52 acres is suitable for the development proposed. Environmental and traffic studies were prepared for the project area. No environmental or traffic concerns were identified that would indicate that development in this area would be unsuitable. In addition, existing commercial and residential developments have successfully constructed similar types of development in the immediate vicinity. No obstacles to development of surrounding subdivisions were experienced and, due to the proximity and similarity of the proposed development, it's reasonable to conclude that the site is physically suitable for it. The property is suitable for the proposed development as conditioned and mitigated as described in the draft Initial Study and Environmental Assessment. 4. That the site is physically suitable for the proposed density of development. As proposed, the site layout and density are consistent with surrounding development. The property allows for 5 du/acre, and the project has a density of 8 du/acre. Directly west of the property is an approved project for 159 single-family homes on 18.67 acres for a density of 9 du/acre. To the north, east, and south are portions of the golf course for Desert Willow. North of Frank Sinatra Drive is multiple housing developments zoned P.R.-5 du/acre. These developments are multiple tract maps consisting of 16 single- family residential lots ranging from 8,000 to 11,000 square feet. These developments are geared to attract the first time home buyers and families. The proposed buildings RESOLUTION NO. 2015-55 only occupy 23 percent of the property, while 44 percent will be landscape area. The density of 8 du/acre is necessary to carry out the vision of an upscale resort project. 5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injury to fish or wildlife or their habitat. For purposes of CEQA, a Negative Declaration of Environmental Impact has been prepared. The design of the project will not cause substantial environmental damage or injure fish or wildlife or their habitat since the surrounding area has been developed with similar land uses and a golf course. Environmental studies performed at the site did not identify any endangered or sensitive species. In addition, the project will pay into the Coachella Valley Multi -Species Habitat Conservation fund for the development of raw land. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The design and layout of the 112 condominium units are in compliance with all grading requirements and the properties will be developed in accordance with the Uniform California Building Code. Grade changes in the community are accommodated by the street layout and open space provided throughout the subdivision. Pedestrian access is provided to adjoining land uses (Desert Willow Golf Resort), which decreases the need for vehicular traffic between adjoining properties. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The proposed project will utilize an existing retention drainage basin located along the southern boundary of the project. The tract map identifies the use of this area, and the applicant is responsible for the maintenance of the retention basin outlined in the DA. Surrounding perimeter City streets are built -out to the General Plan designation and the developer will complete a median for a left turn lane within Portola Avenue. Pedestrian connections to Desert Willow Golf Course will also be provided throughout the project area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council approves the Development Agreement, Change of Zone, Negative Declaration of Environmental Impact, Precise Plan of design, and Tentative Tract Map 36874 as proposed. RESOLUTION NO. 2015-55 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 11th day of June, 2015, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SUSAN MARIE WEBER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA RESOLUTION NO. 2015-55 CONDITIONS OF APPROVAL CASE NOs: DA/CZ/EA/PP 15-15 and TTM 36874 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. The applicant shall record Tract Map 36874 within two (2) years of project approval. Construction of improvements, in accordance with the approved Development Agreement, shall commence within two (2) years from the date of approval unless a time extension is granted; otherwise, said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to the approved project and all Palm Desert Municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Public Works Department Fire Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & Safety at the time of issuance of a building permit for the use contemplated herewith. 5. A cultural resources inventory shall be completed by a qualified archeologist prior to any development activities within the project area. 6. If the presence of cultural resources is identified in the cultural resources inventory, an approved Native Cultural Resource Monitor shall be on site during ground disturbing activities. 7. Should human remains be discovered during the construction of the proposed project, the project coordinator will be subject to either the State Law regarding the discovery and disturbance of human remains or the Tribal burial protocol. In either circumstance all destructive activity in the immediate vicinity shall halt, and the County Coroner shall be contacted pursuant to State Health and Safety Code 7050.5. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a RESOLUTION NO. 2015-55 determination of the Most Likely Descendent (MLD). The City and Developer will work with the designated MLD to determine the final disposition of the remains. 8. All sidewalk plans shall be reviewed and approved by the Department of Public Works. 9. Applicant shall defend, indemnify and hold harmless the city against any third party legal challenge to these approvals, with counsel chosen by the City at applicant's expense. 10. Developer shall enter into a recordable Development Agreement to memorialize these and other conditions stated within the Development Agreement placed on the project. 11. The Final Development Agreement shall be recorded within ten (10) days of final approval of the project by the City Council. 12. The project shall have a density of 8 dwelling units per acre. 13. The project shall have a maximum building roof height of 30 feet. 14. Developer shall install a 6-foot high slump stone block wall along the Portola Avenue frontage of the Retention Basin. The wall must match the color, texture, width, and flagstone columns of the block wall at the existing Desert Willow perimeter.. 15. Developer shall install double metal gates to provide access from Portola Avenue and the Retention Basin and related improvements. 16. Developer shall install and maintain desert landscaping in front of the perimeter block wall and transfer the responsibility to the Homeowners Association (HOA) and/or include such maintenance as an obligation of the HOA pursuant to the CC&Rs. Maintenance shall be in accordance with the City of Palm Desert Landscape Maintenance Guide. 17. Developer shall plant trees on the south side of the Retention Basin to screen the maintenance building. 18. Developer shall maintain the retention basin, including the retention basin slopes, drywells, walls, and perimeter trees and other underground drainage appurtenances within the retention basin. The Developer may transfer the responsibility to the HOA. 19. Developer shall provide a one-time maintenance "clean up" of existing landscaping on the common east/north property line adjacent to the Desert Willow Golf Resort, Golf Hole No. 6. RESOLUTION NO. 2015-55 20. All homeowners (two per household) upon closing on their units automatically become the equivalent of Academy Golf Members and Platinum Club Members at the City owned Desert Willow Golf Resort for a monthly fee of $75.00. • Golf Academy Membership and Applicable Discounts and Benefits • Unlimited Use of Academy Practice Facility • Platinum Club Membership and Applicable Discounts and Benefits • Private Golf Cart Access Throughout Resort 21. An alternative to providing affordable, low-income, moderate -income or any other subsidized or inclusionary housing, the developer will pay an Affordable Housing Fee of $ per square foot. (The dollar amount is currently blank since the City Council has not established the fee. The City Council will discuss this topic at its April 23, 2015, meeting. The amount of the fee will be established before the DA is considered by the City Council.) 22. Lighting plans shall be submitted in accordance with P.D.M.C. Section 24.16 for any landscape, architectural, street, or other lighting types within the project area. 23. The findings in the CEQA Negative Declaration of Environmental Assessment and Initial Study shall be incorporated into the planning, design, development, and operation of the project. DEPARTMENT OF PUBLIC WORKS: Prior to recordation of the Tract Map and any permits: 24. The tract map shall be submitted to the Director of Public Works for review and approval. 25. CC&R's shall be submitted before or concurrently with the final map for review and approval and shall record with the final map. 26. Prior to City Council approval of the tract map the applicant shall construct or enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of all off -site improvements. Improvements shall include; but are not limited to: • Construction of a right turn pocket on Portola Avenue. • Modification of the landscaping in the existing median at Portola Avenue to account for the line of site for cars turning left into the subdivision. • Landscape the perimeter of the retention basin. 27. The applicant shall dedicate right of way at Portola Avenue as required by the Director of Public Works. RESOLUTION NO. 2015-55 28. The applicant shall pay the appropriate signalization fee in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55. 29. Drainage fees shall be paid in accordance with Section 26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number 653. 30. The applicant shall pay park fees in accordance with Government Code 66477 of the Subdivision Map Act. 31. The applicant shall submit clearance/non-interference letters from all utility companies. 32. The applicant shall be responsible for the maintenance of the offsite retention basin. Prior to the issuance of grading permits the applicant shall: 33. Submit a grading plan to the Department of Public Works for review and approval. Any changes to the approved civil or landscape plans must be reviewed for approval prior to commencing work. 34. Submit a final Water Quality Management Plan (WQMP) for approval. The WQMP shall identify the Best Management Practices (BMPs) that will be used on the site to control predictable pollutant runoff. Prior to the issuance of grading permit, the Operation and Maintenance Section of the approved final WQMP shall be recorded with County's Recorder Office and a conformed copy shall be provided to the Public Works Department. 35. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with the State Water Resources Control Board. Such evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed. 36. Submit a PM10 application to the Department of Public Works for approval. The applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control. 37. Submit a landscape plan concurrently with the precise grading plan for review and approval. Applicants are advised to use the City of Palm Desert Design Guide when designing plans. Landscape plans must meet the following criteria: a. Must be water efficient in design and meet the City of Palm Desert's Water Efficient Landscape Ordinance. b. Planting plans must show location of proposed and existing utilities. c. Must match approved civil plans. d. All specs and details must be site specific. RESOLUTION NO. 2015-55 e. Applicants must have CVWD approval of their irrigation plans prior to City approval. f. Applicants must have a stamp or signature from the County Agricultural Commissioner before City approval. 38. Identify all proposed and existing utilities on the precise grading plan. 39. Storm drain/retention area design and construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works. 40. Pad elevations, as shown on the tentative map, are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code BUILDING AND SAFETY DEPARTMENT: 41. This project shall comply with the latest adopted edition of the following codes. A. 2013 California Building Code and its appendices and standards. B. 2013 California Residential Code and its appendices and standards. C.2013 California Plumbing Code and its appendices and standards. D.2013 California Mechanical Code and its appendices and standards. E. 2013 California Electrical Code. F. 2013 California Energy Code. G.2013 California Green Building Standards Code. H. Title 24 California Code of Regulations. I. 2013 California Fire Code and its appendices and standards. 42. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 43. An accessible access overlay of the precise grading plan is required to be submitted to the Dept of Building and Safety for plan review of the site accessibility requirements as per 2013 CBC Chapters 11A & B (as applicable) and Chapter 10. 44. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-206) 45. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B-705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the State of California, the ADA requirement shall supersede the State requirement. 46. All common use facilities, areas, amenities, etc are required to comply with Chapter 11 B of the California Building Code. RESOLUTION NO. 2015-55 47. Public pools and spas must be first approved by the Riverside County Dept of Environmental Health and then submitted to Dept of Building and Safety. Pools and Spas for public use are required to be accessible. 48. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 49. All contractors and/or owner -builders must submit a valid Certificate of Workers' Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 50. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert Municipal Code 15.28. Compliance with Ordinance 1265 regarding street address location, dimension, stroke of line, distance from street, height from grade, height from street, etc. shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons that may render the building address unreadable shall be addressed during the plan review process. You may request a copy of Ordinance 1265 or Municipal Code Section 15.28 from the Department of Building and Safety counter staff. 51. Please contact Cherie Williams, Building and Safety Technician, at the Department of Building and Safety (760-776-6420) regarding the addressing of all buildings and/or suites. FIRE DEPARTMENT: 52. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 53. The Fire Prevention Bureau is required to set a minimum fire flow for the construction of all residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 2,000 GPM at 20-PSI residual operating pressure for a 2-hour duration for single family dwellings provided in (CFC Appendix B). 54. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" 2 '/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart at each intersection, and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant for single family dwellings and 350 feet apart at each intersection, and shall be no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant for multi -family projects. The required fire flow shall be available from any adjacent hydrant(s) in the system. RESOLUTION NO. 2015-55 55. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC Chapter 5). 56. Fire apparatus access roads and driveways shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 60,000 lbs. GVW with a minimum AC thickness of .25 feet. In accordance with Section 3310.1 prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. 57. The gradient for fire apparatus access roads shall not exceed 15 percent. All access roads shall have an unobstructed width of not less than 20 feet for commercial and 20 feet for residential with an unobstructed vertical clearance of not less than 13 feet and 6 inches. 58. Maximum cul-de-sac length shall not exceed 1,320 feet. Minimum outside turning radius on any cul-de-sac shall be 37 feet for single-family developments and 45 feet for multi -family developments. 59. Dead end roadways and streets in excess of 150 feet, which have not been completed, shall have a turnaround capable of accommodating fire apparatus. 60. The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop for the underground water system. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flows standards. Hydraulic calculation will be required with the underground submittal to ensure fire flow requirements are being met for the on -site hydrants. The plans must be submitted and approved prior to building permit being issued. 61. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau prior to issuance of building permits. 62. Alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau prior to issuance of building permits. 63. A "Knox -box" shall be provided and shall be installed a minimum of six feet in height and be located to the right side of fire riser sprinkler rooms. 64. All manual and electronic gates on required Fire Department access road or gates obstructing Fire Department access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. CITY OF PALM DESERT CEQA Environmental Checklist & Environmental Assessment Project Title: The Retreat at Desert Willow Case No. DA/CZ/EA/PP 15-15 and TTM 36874 Lead agency name and address: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Contact persons and phone number: Kevin Swartz 760-346-0611 Project location: The project is bounded by Portola Avenue on the west, and the Desert Willow Golf Resort on the north, south and east. The site is located south of Frank Sinatra Drive. Project sponsor's name and address: Rudy Herrera, Manager Portola PD LLC 73081 Fred Waring Drive Palm Desert, CA 92260 General Plan Designation: Zoning: Resort/Hotel Commercial (C-R/H) Planned Residential — 5 DU/AC (P.R.-5) Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The proposed project is located on 15.52± acres located south of Frank Sinatra Drive and east of Portola Avenue adjacent to the Desert Willow Golf Resort. The development consists of 112 dwelling units, 84 of which are expected to consist of 2 bedrooms and 2.5 bathrooms while the remaining 28 units would consist of 3 bedrooms and 3 bathrooms. The residential layout consists of 4 dwelling units per two-story structure for a total of 28 two-story structures. A centrally located recreation area would include a clubhouse, pool, spa, lounging decks, shaded seating areas, BBQ and fire pits. The site also includes a system of trails and small park areas with dog -walk stations, shade structures, seating and landscaping throughout the development. A gated entry on Portola Avenue would provide the primary vehicular access at the northern part of the Project. A proposed gate -controlled driveway on Portola Avenue near the southwest property corner would provide emergency access. Proposed interior roads would provide vehicular accessibility to the residential units and visitor parking spaces. Other public agencies whose approval is or may be required (e.g., permits, financing approval, or participation agreement.) None. Planning Commission Resolution No. 2648 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. El Aesthetics El Agriculture and Agriculture ❑ Air Quality Resources ❑ Biological Resources ❑ Cultural Resources ❑ Geology /Soils ❑ Greenhouse Gas ❑ Hazards & ❑ Hydrology / Water Quality Emissions Hazardous Materials ❑ Land Use / Planning ❑ Mineral Resources ❑ Noise ❑ Population / Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic El Utilities Utilities / Service ❑ Mandatory Findings of Significance -2- Planning Commission Resolution No. 2648 DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Kevin Swartz Date City of Palm Desert EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an -3- Planning Commission Resolution No. 2648 EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. -4- Planning Commission Resolution No. 2648 Exhibit 1: Regional Map Pacme ocean 1. No Scale �a tAeXiC° 'vemdc 62 • e0 B umoat Corona waa s cam r m IS P.I. Desert aca 10 ga5ixa wee sdi. . . %s tja uu 19 r L i� E1111", � 1"Y l� 0 m N -I The Retreat at Desert Willow L J TERRA NOVA' Regional Location Map Plannmg& Rcscarch.Inc. Palle Desert, California Exhibit 1 -5- Planning Commission Resolution No. 2648 Exhibit 2: Vicinity Map Planning Commission Resolution No. 2648 Exhibit 3: Project Aerial -7- Planning Commission Resolution No. 2648 Exhibit 4: TTM ;;, -q 12.30.14 I I -8- Planning Commission Resolution No. 2648 Exhibit 5: Site Plan PROJECT SUMMARY TABLE e .waap r.vt. NE!CYr[xNSrrc 93.13 AGxL1 Y 12 U11n5 TA OWhG lY►E![P4NR'1' _ ;m.R. ..arse+ u[rr•,w i •nN'� rorn sr P-1 e 1 PUNS S1Yp Z: 25(aEN 5A.Sl0 Puna rsm s+zsocx c;�ao Pun. z[re TOTAa 1u aueesz Nl139nMYMM 2B1s r L % TERRA NOVAO Planning & Rcscamh, Inc. The Retreat at Desert Willow Project Site Plan Palm Desert, California NO�[N[[q s • a[YNei C DANIELIAN ASSOCIATES. ^t Axcxi+Ec �uaE . .r.xxrxn. Eahihn F-;-1 -9- Planning Commission Resolution No. 2648 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? b) Substantially damage scenic resources, including, but not limited to, X trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and X its surroundings? d) Create a new source of substantial light or glare which would adversely X affect day or nighttime views in the area? Source: Palm Desert General Plan 2004, Zoning Ordinance, Municipal Code, project materials. I. a, c) Less than Significant Impact. The City of Palm Desert is located in the Coachella Valley area of Riverside County and is surrounded by views of the Santa Rosa, San Jacinto and the Little San Bernardino Mountains. Scenic views in the project area are visible along essentially all major roadways, including Portola Avenue, however views from the project site are limited to some extent due to the distance from the mountain foothills. All development associated with the proposed project will be subject to mass and density requirements consistent with the Palm Desert Zoning code. The project proposes two-story residential structures, which is consistent with City requirements. Development of the two-story structures will be divided into 28 buildings, allowing for view corridors through the project from surrounding properties. The required design review through the City Architectural Review Board will ensure implementation of compatible architectural and landscape design, and therefore; impacts to the visual character of the site and scenic resources will be less than significant. b) No Impact. The 15.52-acre project area is currently vacant with sparse vegetation regrowth and signs of site disturbance due to off -road vehicle use. The site does not contain on -site scenic resources, including trees, rock outcroppings, or historical buildings. d) Less Than Significant Impact. Development within the project area is anticipated to result in lighting from residential use, landscape lighting, and the headlights of vehicles travelling through the project area. All future development associated with the proposed project will be required to abide by City of Palm Desert building code and lighting ordinance, which requires proper shielding of light sources and prohibits light spillage on adjacent properties. A lighting plan will be submitted and approved prior to the approval of any development, and all required conditions of approval would be applied. The imposition of standard requirements and conditions of approval will assure that lighting impacts associated with s Planning Commission Resolution No. 2648 the proposed project are less than significant. Mitigation Measures: None Monitoring and Reporting: None Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland X Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act X contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources X Code section 4526), or timberland zoned Timberland Production (as defined by Government code section 51104(g))? d) Result in the loss of forest land or X conversion of forest land to non -forest use? e) Involve other changes in the existing environment which, due to their location or X nature, could result in conversion of Farmland, to non-agricultural use? Source: Palm Desert General Plan, Farmland Mapping and Monitoring Program. II. a-e)No Impact. The project site is located on vacant lands in the City. According to the Farmland Mapping and Monitoring Program, the area is not considered Prime Farmland, Unique Farmland or Farmland of Statewide Importance. Instead the project site is designated Other Land which is characterized as nonagricultural land surrounded on all sides by urban development. There are no agriculturally zoned lands in the City and therefore the project site will not conflict with zoning for agricultural uses. The project area does not currently include lands with Williamson Act contracts, nor are such contracts applicable to surrounding lands. Therefore there will be no impacts associated with agricultural resources resulting from development of the proposed project. Mitigation Measures None required. Mitigation Monitoring and Reporting Program None required. Planning Commission Resolution No. 2648 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable air X quality plan? b) Violate any air quality standard or contribute substantially to an existing or X projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or X state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to X substantial pollutant concentrations? e) Create objectionable odors affecting a X substantial number of people? Source: Palm Desert General Plan, SCAQMD CEQA Handbook; 2003 PM10 Plan for the Coachella Valley, SCAQMD 2012 Air Quality Management Plan; CalEEMod Version 2013.2.2. III. a) Less Than Significant Impact. The Coachella Valley, including the project area, is located within the Salton Sea Air Basin (SSAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). SCAQMD is responsible for monitoring criteria air pollutant concentrations and establishing management policies for the SSAB. All development within the SSAB is subject to SCAQMD's 2012 Air Quality Management Plan (2012 AQMP) and the 2003 Coachella Valley PM10 State Implementation Plan (2003 CV PM10 SIP). The project will be developed in accordance with all applicable air quality management plans. The AQMP is based, in part, on the land use plans of the jurisdictions in the region. The project is consistent with the land use designation for the site, surrounding land uses, and the overall build out goals of the City. The project will be developed in conformance with the above -mentioned Management Plans and therefore impacts associated with applicable management plans are expected to be less than significant. b, c) Less than Significant Impact. An air quality impact is considered potentially significant if concentration of emissions exceed the State or National Ambient Air Quality Standards. National and state air quality standards established for criteria pollutants are designed to protect that segment of the population that is most susceptible to respiratory distress or infection, including the elderly, children, asthmatics, or those who are weak from disease or illness. The two primary pollutants of concern in the Coachella Valley, including the project vicinity, are ozone (03) and particulate matter (PMio and PM2.5). The South Coast Air spa Planning Commission Resolution No. 2648 Quality Management District operates and maintains two air quality management stations within Source Receptor Area (SRA) 30 (Coachella Valley). The Coachella Valley monitoring stations include Indio -Jackson Street and the Palm Springs fire station, which have been operational since 1985 and 1987, respectively. Ozone (03) is formed when byproducts of combustion react in the presence of ultraviolet sunlight. This process occurs in the atmosphere where oxides of nitrogen combine with reactive organic gases, such as hydrocarbons, in the presence of sunlight. Ozone is a pungent, colorless, toxic gas, and a common component of photochemical smog. Although also produced within the Coachella Valley, most ozone pollutants affecting the Valley are transported by coastal air mass from the Los Angeles and Riverside/San Bernardino air basins, thereby contributing to occasionally high local ozone concentrations. The Coachella Valley has a history of exceeding regulatory ozone standards, although the number of days and months the Federal one -hour standard is exceeded has dropped steadily over the past decade. Particulate Matter (PMio and PM2.5) consists of fine suspended particles of ten microns or smaller in diameter, and are the byproducts of road dust, sand, diesel soot, windstorms, and the abrasion of tires and brakes. The elderly, children and adults with pre-existing respiratory or cardiovascular disease are most susceptible to the effects of Particulate Matter. Elevated PM10 and PM2.5 levels are also associated with an increase in mortality rates, respiratory infections, occurrences and severity of asthma attacks and hospital admissions. The SSAB is a non -attainment area for PM,o and is classified as attainment/unclassifiable for PM2.5- South Coast Air Quality Management District (SCAQMD), in conjunction with the Coachella Valley Association of Governments (CVAG), Riverside County and local jurisdictions, prepared the "2003 Coachella Valley PM,o State Implementation Plan," which includes PM,o control program enhancements and requests an extension of the region's PMio attainment date. The Coachella Valley is designated as a serious non - attainment area for PMio and is subject to the 2003 State Implementation Plan (SIP) and local dust control regulations and guidelines. A State Implementation Plan that addresses how Southern California will meet federal standards for finer particulate matter (PM2.5) was adopted in 2007. As previously discussed, the Coachella Valley is classified as "attainment/unclassified" for PM2.5, based on the state and federal PM2.5 standards, and does not require an implementation plan to demonstrate attainment. Neither the National 24-hour PM2.5 standard, nor the AAM state standard of >12 Ng/m3 were exceeded in the past 10 years at either monitoring station. Air Quality Pollutant Emission Projections Both the construction and operational phases of the proposed project will result in the release of criteria air pollutants. The California Emissions Estimator Model (CaIEEMod) Version 2013.2.2 was used to calculate both short-term and long-term project -related air quality emissions. -13- Planning Commission Resolution No. 2648 Construction Emissions The construction period includes all aspects of project development, such as site preparation, grading, paving, building construction, and architectural coating. For analysis purposes, it is assumed that construction will occur over a 1-year period extending from June 2015 to June 2016. Modeling assumes construction will occur in consecutive days, however actual build out of the project may take longer with overlapping construction phases. As shown in Table 1, emissions generated by construction activities are projected to remain below SCAQMD thresholds of significance for criteria air pollutants. The data reflect average daily emissions over the 1-year construction period, including both summer and winter weather conditions. Applicable minimization measures include, but are not limited to, the implementation of dust control practices in conformance with SCAAMD Rule 403, proper maintenance and limited idling of heavy equipment, and the use of low -polluting architectural paint and coatings per SQAQMD Rule 1113. Table 1 The Retreat at Desert Willow Construction Emissions (Ibs./day) Maximum Emissions CO NO. ROG SO,, PM10 PM2.5 2015 52.76 63.96 6.93 0.06 6.95 4.89 2016 34.29 26.91 70.62 0.05 3.61 2.33 SCAQMD Threshold 550.00 100.00 75.00 150.00 150.00 55.00 Significant No No No No No No Source: CalEEMod Version 2013.2.2. Average emissions for summer and winter, with applied minimization measures such as a dust control plan and best management Operational Emissions Operational emissions are ongoing emissions that will occur over the life of the project. They include area source emissions, emissions from energy (electric and natural gas) demand, and mobile source (vehicle) emissions. Table 2 below provides a summary of projected emissions at operation of the proposed project. For analysis purposes, it is assumed that build out of the project will occur in 2016. As shown in the tables below, operational emissions will remain below SCAQMD thresholds of significance for criteria pollutants. Table 2 The Retreat at Desert Willow Operational Emissions (Ibs./day) CO NOx ROG SOx PM10 PM2.5 Maximum Emissions 42.05 8.65 16.43 0.05 3.46 1.18 SCAQMD Threshold 550.00 100.00 75.00 150.00 150.00 55.00 Significant No No No No No No Source: CalEEMod Version 2013.2.2. Average emissions for summer and winter, Non -Attainment Historically, the Coachella Valley, which includes the proposed project site, has been BEE Planning Commission Resolution No. 2648 classified as a "non -attainment" area for PM10. In order to achieve attainment in the region, the 2003 Coachella Valley PM10 Management Plan was adopted, which established strict standards for dust management for development proposals. The SSAB is currently a non- attainment area for PM10 and is classified as attainment/unclassifiable for PM2.5. The proposed project will contribute to an incremental increase in regional ozone and PM10 emissions. However, this impact is not expected to be cumulatively considerable. Project construction and operation emissions will not exceed SCAQMD thresholds for PM10 or ozone precursors, and appropriate mitigation measures will be implemented that will further reduce emissions. Impacts associated with air quality standards or existing air quality violations are therefore considered less than significant. d) Less than Significant Impact. To determine if the proposed project has the potential to generate significant adverse localized air quality impacts, the 5-acre mass rate LST Look -Up Table for SRA 30 (Coachella Valley) was utilized. The nearest sensitive receptor is a multi -family residential development located west of Portola Avenue and south of the proposed project in Palm Desert Greens Country Club. Based on aerial mapping, the nearest residence is approximately 375 meters from the project area boundary. Therefore, LSTs are summarized in the table below for sensitive receptors located approximately 200 meters from the emission source for conservative analysis. Emission estimates reflect all phases of construction including site preparation, grading/excavation, building, paving, and architectural coating. As shown in Table 3 below, LST thresholds will not be exceeded during construction of the project, and impacts will be less than significant. Table 3 Localized Significance Thresholds (pounds per day) Project Emissions CO NO, PM10 PM2.5 Max. Daily Emissions 52.76 63.96 6.95 4.89 LST 10,178 547 112 37 Exceed? No No No No Source: CaIEEMod Version 2013.2.2. Average emissions for summer and winter, mitigated. e) Less Than Significant Impact. The proposed project is not expected to generate objectionable odors during any of the phases of construction or at project build out. The proposed project has the potential to result in short term odors associated with paving and other construction activities. However any such odors would be quickly dispersed below detectable thresholds as distance from the construction site increases. Therefore, impacts from objectionable odors are expected to be less than significant. Minimization Measures Although development and operation of the proposed project will remain below emission thresholds, the following standard minimization measures and best management practices have been assumed for the analysis, and should be implemented with project construction. 1. Construction equipment, delivery trucks, worker vehicles, and haul trucks will limit idling time to no more than 5 minutes. -> s- Planning Commission Resolution No. 2648 2. The grading contractor shall certify in writing that all construction equipment is properly serviced and maintained in good operating conditions. Certification shall be provided to City Engineer for review and approval. 3. Diesel -powered construction equipment shall utilize aqueous diesel fuels, and be equipped with diesel oxidation catalysts. 4. A fugitive dust plan shall be prepared for the proposed project and shall be approved by the City Engineer. Said plan shall include but not be limited to the following best management practices: • Chemically treat soil where activity will cease for at least four consecutive days; • All construction grading operations and earth moving operations shall cease when winds exceed 25 miles per hour; • Water site and equipment at least 3 times per day; • Operate street -sweepers on paved roads adjacent to site; • Establish and strictly enforce limits of grading for each phase of development; and/or • Stabilize and re -vegetate areas of temporary disturbance needed to accomplish each phase of development. • Wash off trucks as they leave the project site as necessary to control fugitive dust emissions. • Cover all transported loads of soils, wet materials prior to transport, provide adequate freeboard (space from the top of the material to the top of the truck) to reduce PM10 and deposition of particulate matter during transportation. • Use track -out reduction measures such as gravel pads at project access points to minimize dust and mud deposits on roads affected by construction traffic. 6. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 7. Imported paving materials, as well as any exported material, shall be adequately watered prior to transport, covered during transport, and watered prior to unloading. 8. Each portion of the project to be graded shall be pre -watered prior to the onset of excavation, grading or other dust -generating activities. 9. The contractor shall notify the City of the start and end of grading and construction activities in conformance and within the time frames established in the 2003 PM10 State Implementation Plan. 10. Construction staging and management plans shall be reviewed and conditioned to require the application of all reasonably available methods and technologies to assure the minimal emissions of pollutants from the development. The City Engineer shall review grading plan applications to ensure compliance with the mitigation measures set forth in this document and as otherwise conditioned by the City. Mitigation Measures None required. -16- Planning Commission Resolution No. 2648 Mitigation Monitoring and Reporting Program None required. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status X species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or X regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal X pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with X established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological X resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or X other approved local, regional, or state habitat conservation plan? Source: Palm Desert General Plan, project materials. IV a) Less than Significant Impact. The subject property is located in an urbanized area of the City and is adjacent to Portola Avenue, which is a major roadway within the project area. The site is currently vacant and surrounded by resort/golf course development to the north, east, and south, and Portola Avenue to the west. Existing site conditions - »- Planning Commission Resolution No. 2648 include patches of native vegetation and areas affected by previous ground disturbing activities, sidewalk improvements, perimeter fencing/walls, and off -road vehicle use. The site does not contain significant native habitat, having been previously disturbed. The City participates in the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP), which is a comprehensive regional plan encompassing a planning area of approximately 1.1 million acres and conserving approximately 240,000 acres of open space. The Plan is intended to address the conservation needs of a variety of plant and animal species and natural vegetation communities that occur in the Coachella Valley region. The project site is located within the Coachella Valley Multiple Species Habitat Conservation Plan boundary, but is not located in or adjacent to a conservation area. Development of the project will require payment of the mitigation fee in place at the time that development occurs. This fee is designed to mitigate impacts to locally sensitive species by allowing the purchase of conservation lands in sensitive habitat areas. The payment of the fee will assure that impacts associated with sensitive species are less than significant. b, c) No Impact. No riparian habitat or wetlands occur on or adjacent to the project site. Lands surrounding the project do not include streams or rivers. The proposed project will have no impact on riparian species or habitat, wetlands or other sensitive natural community. d) No Impact. The proposed project area is highly urbanized, and does not provide substantial wildlife corridors, which would facilitate migratory species' access. The project site is surrounded on all sides by urban development, roadways, and is an isolated parcel of land. The golf course to the north, east, and south are separated from the subject property via perimeter fencing/walls. No wildlife preserves or similar areas occur in the vicinity of the project area. The project will therefore have no impact on migratory species or migratory wildlife corridors, or impede the use of native wildlife nursery sites. e, f) No Impact. The City implements the Coachella Valley Multiple Species Habitat Conservation Plan. The proposed project will be required to pay the mitigation fee when development occurs. This fee is designed to offset potential impacts and assure that impacts to sensitive species are less than significant. The project will not impact local policies or conservation plans. Mitigation Measures None required. Mitigation Monitoring and Reporting Program None required. M Planning Commission Resolution No. 2648 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined X in ' 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource X pursuant to'15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique X geologic feature? d) Disturb any human remains, including those X interred outside of formal cemeteries? Source: Palm Desert General Plan, project materials. V.a-c) No Impact. Cultural resources in the Coachella Valley are typically found in specific locales associated with habitation sites, lithic workshops, water sources and food gathering and milling sites. The site is currently vacant, has been previously disturbed and is completely enclosed by developed lands. According to Exhibit IV-1 of the General Plan, the project site is not located within an area of known historic structures or archeological resources. The City and the project area are well outside the boundary of ancient Lake Cahuilla, an area where paleontological resources have occurred. Soils in the City are generally post -Pleistocene age alluvium from the surrounding mountains, making them too young in the context of paleontology to yield fossilized remains. There is no further evidence indicating the existence of historical, archaeological, or paleontological resources within the project area. The proposed project is not expected to impact such resources. d) No Impact. It is not anticipated that any human remains will be encountered during development of the proposed site because the site is not a known cemetery, nor is it located adjacent to a known cemetery. However, should any previously unidentified or unanticipated human remains be discovered during project construction, state law requires that law enforcement be contacted, and the remains removed in a prescribed manner. The project will be subject to these state requirements. Mitigation Measures None required. Mitigation Monitoring and Reporting Program None required. -19- Planning Commission Resolution No. 2648 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map X issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii) Strong seismic ground shaking? X iii) Seismic -related ground failure, X including liquefaction? iv) Landslides? X b) Result in substantial soil erosion or X the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and X potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform X Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems X where sewers are not available for the disposal of waste water? Source: Palm Desert General Plan; Geotechnical Update, prepared by Sladden Lngineering, October 28, 2014. VI. a) A Geotechnical Update was prepared for the subject property in October 2014 to assess the validity of the Geotechnical Investigation previously prepared for the site in October 2006. Results of the report, including recommended construction measures, are summarized below. No impact. Results of the field study found no signs of active surface faulting or secondary seismic effects, such as lateral spreading, on -site. The site is not located in an Alquist Priolo Fault Zone. Fault rupture is not anticipated to occur at the project site. -20- Planning Commission Resolution No. 2648 ii. Less Than Significant Impact. The project site is located within an area identified as having significant potential for ground shaking during an earthquake. The closest major fault system is the San Andreas located approximately 4.5 miles north of the project site, which is capable of generating a magnitude 7.5 quake. All structures in the planning area will be subjected to this shaking, and could be seriously damaged if not properly designed. The City requires that all new construction meet the standards of the Uniform Building Code for Seismic Zone 4. In addition, the development recommendations set forth in the Geotechnical Report will ensure the geotechnical feasibility and safety of the proposed project. These standard requirements are designed to reduce impacts related to strong ground shaking to less than significant levels. iii. Less Than Significant Impact. According to the General Plan, the liquefaction hazard is considered low. Findings from the field study conducted by Sladden Engineering suggest that the risk associated with liquefaction is considered negligible due to groundwater depths being greater than 50 feet. Impacts associated with liquefaction are anticipated to be less than significant Other forms of seismic related ground failure will be addressed through the development recommendations set forth in the geotechnical report and adherence to standards of the Uniform Building Code for Seismic Zone 4. iv. No Impact. The proposed project site occurs on the Valley floor, far removed from hillsides. According to Exhibit V-1 of the General Plan, the project site is located in an area with low to no susceptibility of being impacted by rock falls or landslides. There will be no impact associated with landslides. b) Less Than Significant Impact. The project site is located in an area susceptible to severe wind erosion. The project will be required to implement a dust control and management plan as part of the grading permit process, which will mitigate impacts associated with blowing dust and sand (See Section III Air Quality). Once completed, the project will include impervious surfaces and landscaped areas, which will stabilize soils. The impacts associated with soil erosion and loss of topsoil will be less than significant. c) Less Than Significant Impact. This project is not located within an area that is susceptible to landslides, lateral spreading, liquefaction, or collapse. However, the site is located within an area susceptible to subsidence. Land subsidence can occur in valleys where aquifers have been subjected to extensive groundwater pumping. The groundwater reduction can result in a rearrangement of skeletal grains and could result in deformation of an aquifer system. The Coachella Valley Water District (CVWD) has indicated its commitment to groundwater replenishment programs intended to limit future subsidence within the Coachella Valley. However, subsidence is considered a regional problem requiring regional mitigation and not site -specific mitigation. Building and seismic code requirements, in addition to recommendations set forth in the Geotechnical Report, assure that the potential impact associated with ground -21- Planning Commission Resolution No. 2648 subsidence is reduced to less than significant levels through site preparation techniques such as ground compaction. d) Less Than Significant Impact. Expansive soils are considered a hazard due to the relatively significant amounts of clay present in the lacustrine deposits of large lakes that once inundated the east end of the Coachella Valley. Generally, site -specific soil consists of fine to medium grained, medium dense to dense, sand (SP/SM). Groundwater was not encountered in the borings during the geotechnical field investigation, and groundwater is believed to exist at a depth of about 200ft. Due to the lack of groundwater and soil type, the site is considered to have a very low expansive potential and the risk of structural damage is considered low. Impacts will be less than significant. Building and seismic code requirements, in addition to recommendations set forth in the Geotechnical Report, assure that the potential impact associated with expansive soils is reduced to less than significant levels through site preparation techniques. e) No Impact. The proposed project occurs in an urbanized area of the City. The proposed project will be required to connect to sanitary sewer lines in the area, and no septic systems will be permitted. No impact is expected. Mitigation Measures None required. Mitigation Monitoring and Reporting Program None required. -22- Planning Commission Resolution No. 2648 Potentially Less Than Less Than No VII. GREENHOUSE GAS EMISSIONS Significant Significant Significant Impact -- Would the project: Impact w/ Mitigation Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant X impact on the environment? (CaIEEMod) b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing X the emissions of greenhouse gases? (Development Code; General Plan) Source: GalEEMod Version 2013.2.2. VII. a-b) Less Than Significant Impact. The proposed project will generate greenhouse gas (GHG) emissions during both construction and operation. As mentioned in Section III (Air Quality), CaIEEMod was used to quantify air quality emission projections, including greenhouse gas emissions. Construction related greenhouse gas emissions will be temporary and will end once the project is completed. Operation of the proposed project will create on -going greenhouse gases through the consumption of electricity and natural gas, moving sources, the transport and pumping of water for onsite use, and the disposal of solid waste. Table 4 provides projected short-term and annual GHG generation for the project. Table 4 Projected GHG Emissions Summary (Metric Tons) Phase CO2e Construction 471.08 Operation 1,126.10 Source: CaIEEMod Version 2013.2.2. There are currently no adopted thresholds of significance for GHG emissions for construction or operation of projects such as residential or commercial developments. It is recognized that GHG impacts are intrinsically cumulative. As such, project construction and operation will be conducted in a manner that is consistent with applicable rules and regulations pertaining to the release and generation of GHG's. Statewide programs and standards will further reduce GHG emissions generated by the project, including new fuel -efficient standards for cars, and newly adopted Building Code Title 24 standards. The proposed project will have a less than significant impact on the environment from the emission of GHG's and will not conflict with any applicable GHG plans, policies or regulations. Mitigation Measures None required. Mitigation Monitoring and Reporting Program None required. -23- Planning Commission Resolution No. 2648 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the public or the environment through the routine X transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions X involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, X substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section X 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or X public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety X hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency X response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent X to urbanized areas or where residences are intermixed with wildlands? Source: California Department of Toxic Substances Control Hazardous Waste and Substance bite List, project materials, Palm Desert General Plan. VIII. a, b) Less Than Significant Impact. The proposed project will result in a residential development. Chemicals for household cleaning and pool/recreational maintenance will be present and transported or stored within the project. These will occur in limited quantities and are not expected to represent a potentially significant impact. The project site is immediately east of Portola Avenue. Hazardous materials are transported through the Palm Desert area along Highway 111, some local roads, and -24- Planning Commission Resolution No. 2648 on the Southern Pacific Railroad lines and the 1-10 freeway. For regional transport, the freeway and railroad are the preferred transport route. Arterial streets are the preferred local truck routes. Designated truck routes in the City include Dinah Shore Drive, Gerald Ford Drive, Monterey Avenue, and Highway 111 as well as portions of Bob Hope Drive, Frank Sinatra Drive, and Country Club Drive. Although it is possible that hazardous materials could be transported along Portola Avenue, Portola is not considered a designated transport route and therefore impacts related to hazardous material transport are considered less than significant. Construction of the proposed project would involve the use of heavy equipment, which uses small amounts of oils and fuels and other potentially flammable substances. During construction, equipment would require minor maintenance on location, which could lead to fuel and oil spills if not properly managed. The Contractor will be required to identify a staging area for storing materials and equipment, and will be required to implement best management practices to assure that impacts are minimized and that any minor spills are immediately and properly remediated. Impacts are considered less than significant. c) No Impact: There are no schools located or planned within one -quarter mile of the project site. The nearest school is the James Earl Carter Elementary School, located 1.5 miles south of the project site. There will be no impact to the schools d) No Impact: According the California Department of Toxic Substances Control Hazardous Waste and Substance Site List, pursuant to Government Code Section 65962.5, the project site is not located on or near a hazardous site. Therefore, no impacts are expected. e-f) No Impact: The proposed project is not located near an airport or airstrip. Bermuda Dunes Airport is located approximately 5 miles southeast of the project site. Therefore the project will not result in a safety hazard for people residing or working in he project area. No impact is expected. g) No Impact: The proposed project will be developed on the City's existing streets, and does not propose to change the circulation pattern. The traffic impact analysis (see Traffic and Circulation Section, below), found that City streets will operate at acceptable levels of service. Emergency access to the site will be provided from a gated entrance located on Portola Avenue on the southern portion of the site. Therefore, emergency access and evacuation of the site will not be impaired by project development. No impact is expected. h) No Impact: The site is surrounded by developed lands on all sides; the north, east and south are bounded by the Desert Willow Golf Resort, and the west is bounded by Portola Avenue. There are no hillsides in the vicinity. The project will not expose people or structures to wildland fire hazards. No impact will occur. Mitigation Measures None required. Mitigation Monitoring and Reporting Program None required. -25- Planning Commission Resolution No. 2648 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste X discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production X rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a X manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or X substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned X stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? X g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard X Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood X flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, X including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? X Sources: "Preliminary Hydrology Study for The Retreat at Desert Willow, TPM 36874" prepared by MSA Consulting, December 2014; Preliminary Water Quality Management Plan for The Retreat at Desert Willow," prepared by MSA Consulting, December 23, 2014. -26- Planning Commission Resolution No. 2648 IX. a) Less Than Significant Impact. The proposed project encompasses 15.52± acres of vacant land and at build -out will result in 112 residential units. The project also includes areas to be maintained for use as open space and residential common areas, in addition to the stormwater retention basin located immediately south of the site. The proposed project will not violate any water quality standards or waste discharge requirements. The project proponent will be required to implement National Pollution Elimination System (NPDES) requirements for storm flows by preparing and implementing SWPPP and WQMP, as required. Project development will be connected to existing sewer lines in Portola Avenue. Wastewater will be transported to and processed at CVWD's Mid -Valley Water Reclamation Plant (WRP-4). CVWD implements all the requirements of the Regional Water Quality Control Board as they relate to wastewater discharge requirements and water quality standards. Therefore, the proposed project will have less than significant impact on water quality standards or waste discharge requirements. b) Less Than Significant Impact. Water for the proposed project will be supplied by CVWD. The domestic (potable) water supply for the project will be from the Whitewater River Subbasin in the Coachella Valley. Groundwater storage will be used in dry years to make up the difference between the demand and the supply. The groundwater basin has a storage capacity of approximately 28.8 million ac-ft and currently contains approximately 25 million ac-ft. It is capable of meeting the water demands of the Coachella Valley for extended normal and drought periods. CVWD has many programs to maximize the water resources available to it, including recharge of the basin using its Colorado River and State Water Project (SWP) supplies, recycled wastewater, desalinated agricultural drain water, conversion of groundwater - dependent uses to canal water, and water conservation including tiered water rates, landscaping ordinances, outreach and education. The CVWD groundwater replenishment programs establish a comprehensive and managed effort to eliminate overdraft. These programs allow CVWD to maintain the groundwater basin as its primary water supply and to recharge the groundwater basin as its other supplies are available. CVWD has prepared an Urban Water Management Plan 2010 Update, which is a long- term planning document that helps CVWD plan for current and future water demands. The proposed project is consistent with the City's General Plan and is therefore addressed in the UWMP. The UWMP demonstrates that the District has available, or can supply, sufficient water to serve the proposed project. Impacts on groundwater supplies and recharge are expected to be less than significant c-e) Less Than Significant Impact. The project will result in impermeable hardscape onsite, which will increase surface runoff and somewhat alter the local drainage pattern. The subject property does not contain any streams or rivers, and storm water issues associated with this development will be limited to local drainage. The project site occupies 15.52 acres and has an on -site tributary area of 14.59 acres. The difference in area of 0.93 acres between the project lot (15.52 acres) and the on -site tributary area (14.59 acres) is largely attributed to the landscaped frontage along Portola Avenue (west of the proposed project wall), which would drain away from the project. However, -27- Planning Commission Resolution No. 2648 runoff generated from the proposed vehicular driveways will be retained on -site as described in the subsequent discussion. The project includes 8.75 acres of proposed structures, driveways, parking and hardscape (impervious areas) and 5.84 acres of proposed landscape or open space (pervious areas). The on -site tributary area is divided into two primary drainage management areas (A and B). Drainage Management Area A constitutes the western portion of the Site, encompassing 4.05 acres. Drainage Management Area B occupies the eastern portion of the Site, encompassing 10.54 acres. Runoff from each drainage management area will be conveyed primarily via street flows to a corresponding storm drain inlet (low point) at the south end of the project site. The runoff will subsequently be carried via proposed piped flows to a proposed outlet structure at the existing off -site retention basin to the south end of the site, resulting in infiltration treatment. Results of the hydrology report indicate that all onsite stormwater flows (100-year flood etc.) will be managed by the existing retention basin immediately south of the project site, transported via proposed onsite stormwater pipes and roadways. The proposed project will continue to drain in a manner consistent with the current on -site drainage pattern. Therefore, the project will not substantially alter the existing drainage pattern of the site or area, no alteration of the course of a stream or river will result, nor will the project be developed in a manner that would result in substantial erosion or siltation on - or off -site. Neither will the project substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site. A Water Quality Management Plan was prepared for the project to ensure impacts to assure local drainage will not be significantly impacted. f) Less than Significant. The proposed project is expected to generate stormwater runoff that could contain a range of pollutants, which could include organisms, metals, nutrients, herbicides and pesticides, organic compounds, and hydrocarbons and other petroleum -derived substances. All hydrology improvements will be required to comply with NPDES standards, to assure that no polluted storm water enters other surface waters either during construction or operation of the project. g, h) No Impact: The subject property is not located in a floodplain either designated by the Federal Emergency Management Agency (FEMA) or the regional flood control agency (CVWD). Development of the project will not place housing within a 100-year flood hazard area. Neither will the project place structures within a 100-year flood hazard area, or result in structures which would impede or redirect flood flows. i, j) No Impact: The subject property is designated Zone X on FEMA's Flood Insurance Rate Maps, which is defined as an area of moderate to low risk of flood hazard. The proposed project is located outside a FEMA or regionally designated floodplain. Neither are there dams or other bodies of water upstream of the subject property. Therefore, the project will not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam, or from inundation caused by seicheing, or from a tsunami or mudflow. Mitigation Measures None required. -28- Planning Commission Resolution No. 2648 Mitigation Monitoring and Reporting Program None required. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general X plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community X conservation plan? Source: Palm Desert General Plan, project materials. X. a) No Impact: The project site is currently vacant and situated between Portola Avenue and Desert Willow Golf Course. It will not divide an established community. No impact is expected. b) Less than Significant Impact. The General Plan designates the site for Resort/Hotel Commercial (C-R/H) and it is zoned for Planned Residential (P.R.-5). Although the proposed project varies from the General Plan land use designation, residential development is allowed in this designation. The project is consistent with the planned zoning for the site and will be developed in a manner that is compatible with City requirements. As a result, impacts associated with the City's land use plans and policies are expected to be less than significant. c) No Impact: The project does not conflict with any applicable habitat conservation plan areas. The project site is within the boundary of the MSHCP, but is not within a conservation area. The proposed project will be required to pay development fees in conformance with the MSHCP (See Section IV. Biological Resources). There will be no conflict with the Plan. Mitigation Measures None required. Mitigation Monitoring and Reporting Program None required. -29- Planning Commission Resolution No. 2648 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of X value to the region and the residents of the state? b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local X general plan, specific plan or other land use plan? Source: Falm uesert General Flan, project materials. XI. a, b) No Impact. As described in the General Plan, the project site is located in Mineral Zone MRZ-3, which indicates an area containing mineral deposits, however the significance of these deposits cannot be evaluated from available data. However the project site occurs in an urban setting, and is not designated for mineral resources nor is it suitable for mineral extract given the proximity to surrounding urban development and major roadways. Development of the proposed project will not impact mineral resources. Mitigation Measures None required. Mitigation Monitoring and Reporting Program None required. -30- Planning Commission Resolution No. 2648 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or X noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or X groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the project X vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the X project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would X the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose X people residing or working in the project area to excessive noise levels? Source: Palm Desert General Plan. XII. a, c, d) Less than Significant Impact. Noise levels in the City's General Plan are quantified on the basis of the Community Noise Equivalent Level (CNEL), which is a measurement scale that sets appropriate levels of noise based on land use types. Sensitive receptors, such as residences and schools, have a lower acceptable CNEL level than commercial or business park noise levels. CNEL is a 24 hour weighted scale that considers the more sensitive time periods in the evenings and at night, and weights them accordingly. The General Plan establishes an outdoor noise level for residential land uses at 65 dBA CNEL. Construction Noise Construction noise will occur throughout the build out of the project, however, it is temporary and periodic. The loudest construction noise is generally the grading phase, when more heavy equipment is used more consistently on a site. The nearest sensitive -31- Planning Commission Resolution No. 2648 noise receptors are the single family homes located approximately 0.23 miles southwest of the proposed project. Noise levels decrease significantly with distance, thus having less impact on sensitive receptors at greater distances. Construction activities will be limited to the hours prescribed in the City Noise Ordinance, which are limited to the less sensitive daytime hours. Impacts to the residential units to the southwest of the proposed project are therefore not expected to be significant. Operational Noise The most significant source of noise in the project area is vehicle traffic noise along Portola Avenue. Proposed residential units on the western portion of the site will experience the greatest noise levels. The development will be gated and construction of a perimeter wall along Portola Avenue will reduce traffic noise impacts for the western facing units. The project will generate additional daily traffic trips due to residential uses, which will increase ambient noise levels in the area. However, operation of the proposed project is expected to generate noise levels similar to surrounding land uses in the project vicinity, including noise levels anticipated for the land use of the proposed site. With implementation of regulatory requirements and standard conditions of approval, the project related impacts from noise will be less than significant b) Less than Significant Impact. This project will not result in permanent ground vibration or ground noise. Short-term increases in this type of noise would be limited to the construction phase and travel of heavy equipment. These impacts would be short-term in nature and would occur during the less sensitive daytime hours. Impacts are expected to be less than significant. e, f) No Impact. The project is located approximately 5 miles west of the Bermuda Dunes Airport. Although an occasional overflight is likely, the approach patterns do not occur in the vicinity of the proposed project. There are no private airstrips in the area. Therefore, there will be no impact associated with airport noise. Mitigation Measures None required. Mitigation Monitoring and Reporting Program None required. -32- Planning Commission Resolution No. 2648 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and X businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the X construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of X replacement housing elsewhere? Source: CA Department of Finance, Report E-5 accessed January 2015; project materials. XIII. a) Less than Significant Impact. Development of the proposed project will directly induce limited population growth in the area. The proposed project will result in up to 112 residential units. According to the California Department of Finance, the 2014 household size in Palm Desert was 2.14 persons per household. Therefore, it is estimated that the proposed housing units will add approximately 240 additional persons to the City's population. The proposed project is consistent with the City's General Plan land use designations and development goals of the City. The project occurs on the City's existing street grid, and adjacent to existing utilities, including water and sewer lines. Development of the project will not result in any major extensions of roads and other infrastructure that would directly or indirectly attract additional population to the area. Impacts to population growth are expected to be less than significant. b-c) No Impact. The project site is currently vacant. It will not displace existing housing and replacement housing will not be required elsewhere. The project will result in no impact relating to displacement of people or housing. Mitigation Measures None required. Mitigation Monitoring and Reporting Program None required. -33- Planning Commission Resolution No. 2648 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X Source: City of Palm Desert General Plan; project materials. XIV. a) Fire Less Than Significant Impact. Fire services for the City of Palm Desert are provided by the Riverside County Fire Department. The service contract for fire protection is entered into jointly by the member jurisdictions of the Cove Communities Service Commission. This means the cities of Palm Desert, Rancho Mirage and Indian Wells cooperate in the maintenance and operation of fire stations in the cities. Due to this contract the City of Palm Desert receives additional fire support from station No. 55 in Indian Wells and Stations No. 50 and No. 69 in Rancho Mirage, in addition to the services provided by its own stations. In total The Cove Communities Fire Department has 84 personnel, distributed among the three cities, all of which operate under a Regional Fire Protection Program. This means the station physically closest to the emergency will respond even if it is outside the stations' official jurisdiction. The level of service equates to 1.59 personnel per 1,000 populations. There are three fire stations located within the boundaries of Palm Desert. Station No. 33, south of Fred Warning Drive serves as the division headquarters. The station closest to the proposed project is located at the southeastern corner of Portola Avenue and Country Club Drive, approximately one mile south of the proposed project. The station is well within the ideal 5 minute response time for fire services. Implementation of the proposed project will result in an increased demand for fire protection. The development of the project, however, will contribute to the maintenance of fire services through the City's structural fire tax, which is assessed on property tax bills, and assures that the City can continue to provide fire services as development occurs. -34- Planning Commission Resolution No. 2648 All development plans for the project will be subject to review by the Fire Marshal and will be required to comply with all applicable fire codes. Development of the proposed project will result in less than significant impacts to fire services. Police Less Than Significant Impact. The Palm Desert Police Department is located 1.2 miles northwest of the project site on Gerald Ford Drive. The County Sheriff provides services, under contract to the City. The police department consists of 70 sworn officers that include 45 deputies, 10 of which are dedicated to traffic enforcement. The City of Palm Desert currently provides about 1.75 sworn officers for every 1,000 residents. The average response time for the highest priority emergency calls was 4.6 minutes. Development of the proposed project will increase the need for police services to the project area. The proposed project will generate property tax and in this manner contribute to the offset of its increased demand. Development of the proposed project will be subject to review by the Police Department, which will assure provision of defensible space and address public safety concerns. Impacts associated with the provision of police services are expected to be less than significant. Schools Less than Significant Impact. There are two school districts that provide public education to the City of Palm Desert; Desert Sands Unified School District (DSUSD) and Palm Springs Unified School District (PSUSD). DSUSD serves areas of Palm Desert south of Frank Sinatra Drive and east of Washington Street. PSUSD includes northwestern Palm Desert. The proposed project is located within the DSUSD. DSUSD continues to plan for expanded facilities to serve the growing population within District boundaries. The developer will be required to pay the State mandated developer fee to address and offset the potential impacts to local schools, reducing impacts to less than significant levels. Parks Less Than Significant Impact. Palm Desert has various parks within the city limits. The Palm Desert Civic Center Park is located on approximately 70 acres of land at the northeast corner of Fred Waring Drive and San Pablo Avenue with an adjacent dog park. The civic center park include six tennis courts, four volleyball courts, a date grove, a skateboard park, three basketball courts, amphitheater, playground facilities, picnic pavilions, restrooms and as of recently a water park. Other parks include; Palm Desert Soccer Park, located on the south side of Hovely Lane East, Ironwood Park, Portola Park, located on Magnesia Falls Drive, Palm Desert Country Club neighborhood Park, located on the north side of California Drive and two school parks; Sports Complex and Cahuilla Hills Park. The City requires developers to dedicate parklands or pay a development fee for every new 1,000 residents resulting from the proposed residential subdivisions to offset their needs for park space. The proposed project includes recreational elements for future residents including a clubhouse, large pool, BBQ areas, and open space elements, -35- Planning Commission Resolution No. 2648 which alleviates impacts to City parks to some extent. Payment of the mandatory parklands fee will ensure impacts associated with parks are less than significant. Mitigation Measures Program None required. Mitigation Monitoring and Reporting None required. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such X that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which X might have an adverse physical effect on the environment? Source: CA Department of Finance, Report E-5 accessed January 2015; project materials. XV. a, b) Less Than Significant Impact. The proposed project will increase the use of existing neighborhood and regional parks. It will add an estimated 240 persons to the City of Palm Desert population and will also include on -site recreational areas, including a large pool, clubhouse, BBQ areas, and open space elements within the project. The proposed project will have to participate in the City's parkland fee program to offset impacts associated with the 240 new residents of the project. With payment of the development fees and proposed onsite recreational facilities, impacts are expected to be less than significant. Mitigation Measures None required. Mitigation Monitoring and Reporting Program None required. -36- Planning Commission Resolution No. 2648 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. TRANSPORTATION/TRAFFIC - - Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and X non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other X standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in X traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or X dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency X access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or X otherwise decrease the performance or safety of such facilities? Sources: "Desert Willow Project Traffic Impact Analysis", prepared by Kunzman Associates December 10, 2014; City of Palm Desert General Plan. XVI. a) Less Than Significant Impact. A detailed traffic impact analysis (TIA) was prepared for the proposed project by Kunzman Associates. The TIA was based upon an analysis of existing roadway conditions in the project vicinity, a variety of traffic count sources (including peak hour counts collected by the consulting traffic engineers), the General Plan Circulation Element, planned roadway improvements and other data and information. ISi! Planning Commission Resolution No. 2648 The applied measures of effectiveness for the performance of the circulation system were derived from applicable City and County standards. The City of Palm Desert has established a goal for both peak hour intersection operations and roadway link segment operations of Level of Service (LOS) C or better. However due to the costly and difficult nature of achieving such level of service standards in an urban area, the City allows for Level of Service D during peak operating periods if a Level of Service C is not possible through implementation of maximum feasible improvements. The two study area intersections evaluated for their current and/or future operating conditions were Portola Avenue at Frank Sinatra Drive and the project access point on Portola Avenue. Existing Conditions Summary As noted above and as analyzed in the project traffic impact analysis, two area intersections were analyzed. The Portola Avenue and Frank Sinatra intersection is currently operating at acceptable LOS, that is at LOS C or better (Table 1 of TIA). The future project access point is not currently in operation, and is discussed in the project impact section below. Project Impacts Trip generation was calculated by land use type (Residential Condominiums/Townhomes), and was calculated using the reference Trip Generation, 9tn Edition (2012) prepared by the Institute of Transportation Engineers (ITE). The TIA calculates that, upon buildout, the project will generate approximately 651 daily vehicle trips or average daily trips (ADT), with 49 ADT expected to be generated in the morning peak hour and 58 ADT in the evening peak hour. Trip distribution was based upon the existing and long-term roadway network serving the project site and also on the type of land uses that are proposed for future development. Based upon this analysis, approximately 45% of project trips are expected to and from Frank Sinatra Drive, and 55% to and from Portola Avenue (Figure 10 and 11 of TIA). Future Traffic Conditions Future traffic conditions (2016) were evaluated, taking into account existing traffic, ambient growth, and other developments. The traffic to be generated by these projects was distributed across eleven (11) zones to evaluate their distribution and effects on the roadway network. This analysis provides for the growth in background traffic that occurs regardless of whether the proposed project is developed. The analysis includes an evaluation of impacts for the year 2016 both with and without the proposed project. All intersections under both "without project" and "with project' conditions will operate at LOS C or better in 2016 (see Tables 4-5 of TIA). Therefore, the proposed project will have a less than significant impact on the local roadway network, the General Plan Circulation Element and other City transportation policies, and will ensure the long-term effectiveness and performance of the circulation system. As noted above, the proposed project is not expected to have a significant adverse impact on the area transportation network. However, the TIA has identified a few actions and recommendations that will assure impacts are less than significant. -38- Planning Commission Resolution No. 2648 On -Site Recommendations Site -specific circulation and access recommendations are depicted on Figure 40 of the TIA. 1. Construct Portola Avenue from the north project boundary to the south project boundary at its ultimate half -section width as an Arterial Street (150 foot right-of- way) including landscaping and parkway improvements in conjunction with development. 2. The intersection of Portola Avenue and Project Access shall be restricted to right turns in/out and left turns in only. 3. The site shall provide sufficient parking spaces to meet City of Palm Desert parking code requirements in order to service on -site parking demand. 4. On -site traffic signing/striping will be implemented in conjunction with detailed construction plans for the project site. 5. Sight distance at the project accesses shall comply with standard California Department of Transportation and City of Palm Desert sight distance standards. The final grading, landscaping, and street improvement plans shall demonstrate that sight distance standards are met. Such plans must be reviewed by the County and approved as consistent with this measure prior to issue of grading permits Off -Site Recommendations 1. The City of Palm Desert should periodically review traffic operations in the vicinity of the project once the project is constructed to assure that the traffic operations are satisfactory. b) Less Than Significant Impact. Project traffic is not expected to conflict with the County Congestion Management Plan (CMP). The project and background traffic will not exceed City level of service standards or travel demand measures, or other standards established by the City or Riverside County Transportation Commission (RCTC) for designated roads or highways. Impacts will be less than significant. c) Less Than Significant Impact. The project will have a very limited impact on the facilities or operations of regional airports, and will not result in a change in air traffic patterns, including an increase in traffic levels. The project is located more than seven miles east of the Palm Springs International Airport, and about five miles northwest of the Bermuda Dunes Airport. The proposed development will not affect the operations of these airports nor create a substantial safety risks. Impacts will be less than significant. d) Less Than Significant Impact. The project will be developed in accordance with City design guidelines and will not create a substantial increase in hazards due to a design feature. The project access point will be located with adequate sight distances, and sharp curves are avoided by design guidelines. Impacts will be less than significant. e) Less Than Significant Impact. Access to the planning area is via major arterial, secondary arterials, Interstate-10 and a variety of local roads. Design guidelines further ensure that emergency access will be created and preserved for the proposed project. Both the Fire department and Police department will review project plans to ensure -39- Planning Commission Resolution No. 2648 safety measures are addressed, including emergency access. The proposed project will not result in inadequate emergency access. f) Less Than Significant Impact. There are no transit facilities located in the immediate vicinity of the project area. SunLine operates regional public transit in the City and region. Existing SunLine service is available on Cook Street, one mile east of the project site. As demand increases, SunLine's service will also expand. The proposed project will not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. Mitigation Measures Program None required. Mitigation Monitoring and Reporting None required. -40- Planning Commission Resolution No. 2648 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional X Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing X facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the X construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or X are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it X has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the X project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid X waste? Source: 'The Retreat at Desert Willow," Preliminary Hydrology Report prepared by MSA Consulting, December 24,2014. XVII. a) Less Than Significant Impact. The proposed project will result in a 112 unit single- family attached residential development, which will result in increased wastewater flows. All development will be required to connect to the existing sanitary sewer system located in Portola Avenue. The CVWD, which operates wastewater treatment facilities that serve the proposed project, is subject to wastewater treatment standards established by the Regional Water Quality Control Board. All components of the proposed project will be required to design facilities consistent with CVWD and Regional -41- Planning Commission Resolution No. 2648 Board standards. These standards and requirements will assure that impacts associated with wastewater standards will be less than significant. b, e) Less Than Significant Impact. The subject property falls under the jurisdiction of the Coachella Valley Water District (CVWD) for domestic water supplies and wastewater treatment. New on -site infrastructure will be built as part of the project. However, the project will be able to connect to existing sanitary sewer and water lines located in Portola Avenue, and no new regional infrastructure will be required. Wastewater produced by the proposed project will be processed at the Mid -Valley Water Reclamation Plant (WRP-4) located in Thermal. CVWD has prepared an Urban Water Management Plan 2010 Update, which is a long- term planning document that helps it plan for current and future water demands. The Plan demonstrates that the District has available, or can supply, sufficient water to serve the City and project area. The project will also be required to implement water conservation programs, including a drought tolerant landscaping plan and the conformance to current Building Code, which requires that high efficiency fixtures be used. CVWD is also responsible for regional stormwater management in the Coachella Valley. According to CVWD, the general project area is adequately protected from stormwater flows by Dike No. 4, and drainage issues affecting the property are limited to the management of local drainage. Onsite 100-year stormwater flows will be managed via the existing retention basin immediately south of the project site. (Please see Hydrology discussion, above). Overall impacts to water, wastewater and stormwater facilities will be less than significant. f, g) Less Than Significant Impact. The City has an exclusive franchise agreement with Waste Management of the Desert and will utilize Burrtec Waste and Recycling Services for its collection and disposal of solid waste from the project site. All waste generated on the project site will be collected and transported to the Edom Hill transfer station, and once sorted will be transported to one of two regional landfills; Lambs Canyon or Badlands. Both landfills are owned and operated by Riverside County. They have the capacity to accommodate waste generated by future development on the project site. Burrtec is also required to comply with local, regional and state requirements associated with solid waste disposal. Impacts will be less than significant. Mitigation Measures None required. Mitigation Monitoring and Reporting Program None required. -42- Planning Commission Resolution No. 2648 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVIII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or X animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are X considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial X adverse effects on human beings, either directly or indirectly? a) Less than Significant Impact. Development of the proposed project will result in less than significant impacts to both biological and cultural resources. The site's disturbed nature precludes the potential for significant biological resources. The site has a low potential to harbor cultural resources. The site is isolated and surrounded by development, and implementation of the proposed project will not degrade the quality of the environment. b) No Impact. Development of the proposed project is consistent with the General Plan and will not have any additional cumulatively considerable impacts beyond build out of the General Plan. c) No Impact As identified in this Initial Study, the proposed project will not have significant impacts, and no mitigation measures are required. Impacts to human beings will also be less than significant. -43- Planning Commission Resolution No. 2648 REFERENCES City of Palm Desert General Plan, 2004 CaIEEMod Version 2013.2.2. SCAQMD AQMP, 2012 Coachella Valley PM10 SIP, 2003 "Desert Willow Project Traffic Impact Analysis", prepared by Kunzman Associates December 10, 2014 "CA Department of Finance, Report E-5 accessed January 2015 "Preliminary Hydrology Study for The Retreat at Desert Willow, TPM 36874" prepared by MSA Consulting, December 2014 "Preliminary Water Quality Management Plan for The Retreat at Desert Willow," prepared by MSA Consulting, December 23, 2014. California Department of Toxic Substances Control Hazardous Waste and Substance Site List Geotechnical Update, prepared by Sladden Engineering, October 28, 2014. K,Ea CITY OF PALM DESERT LEGAL NOTICE CASE NOs. DA/CZ/EA/PP 15-15 AND TT 36874 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT CITY COUNCIL FOR CONSIDERATION TO ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A DEVELOPMENT AGREEMENT, A CHANGE OF ZONE TO ESTABLISH A HIGHER DENSITY, A PRECISE PLAN OF DESIGN, AND TENTATIVE TRACT MAP 36874 TO SUBDIVIDE 15.52 ACRES INTO 112 CONDOMINIUM UNITS AND COMMON AREA AMENITIES LOCATED SOUTH OF FRANK SINATRA DRIVE AND EAST OF PORTOLA AVENUE, ADJACENT TO THE DESERT WILLOW GOLF RESORT. The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), has reviewed and considered the proposed project and has determined that any potentially significant impacts can be mitigated to a less than significant level and a negative declaration has been prepared for this project. Project Location/ Description: Project Location: The 15.52 acre site is located south of Frank Sinatra Drive and east of Portola Avenue, adjacent to the Desert Willow Golf Resort. Project Description: The development consists of 28 two-story four-plex buildings totaling 112 condominium units. The project also includes a centrally located recreation area including a clubhouse, pool, spa, lounging decks, barbeque area, fire pits, system of trails, dog -walking stations, shade structures, and landscaping. A gated entry is proposed along Portola Avenue. The project includes a Development Agreement between the City of Palm Desert and Family Development. Recommendation: Staff is recommending approval of the Negative Declaration and the project request. Public Hearing: The public hearing will be held before the City Council on June 11, 2015, at 4:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period on this project is from June 1, 2015 to June 11, 2015. Public Review: The project and related documents are available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the City Council hearing. All comments and any questions should be directed to: Kevin Swartz, Assistant Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 kswartz@cityofpalmdesert.org PUBLISH: DESERT SUN Rachelle Klassen, City Clerk April 31, 2015 Palm Desert City Council MINUTES PALM DESERT PLANNING COMMISSION APRIL 21, 2015 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of April 7, 2015. Rec: By Minute Motion, approve as presented. Upon a motion by Commissioner Campbell, second by Commissioner Pradetto, and a 5-0 vote of the Planning Commission (AYES: Campbell, DeLuna, Greenwood, Pradetto, and Stendell; NOES: None; ABSENT: None; ABSTAIN: None), the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None Vill. NEW BUSINESS None IX. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a recommendation to the City Council for approval of a Negative Declaration of Environmental Impact, a Development Agreement, a Change of Zone to establish a higher density, a Precise Plan of design, and Tentative Tract Map 36874 to subdivide 15.52 acres into 112 condominium units and common area amenities located at 38400 Portola Avenue. Case Nos. DA/CZ/EA/PP 15-15 & TTM 36874 (Portola PD, LLC., Applicant). Vice Chair Greenwood stated that he is employed by Prest Vuksic Architects and the applicant is a current client; therefore, he recused himself. Mr. Kevin Swartz, Assistant Planner, presented the staff report and noted that there are two new exhibits that were not in the agenda packet, and were given to the Commission prior to the meeting. He pointed out that one exhibit illustrates that turf is used on 4.1 % of the landscapeable area for the entire property. Mr. Swartz stated that the applicant asked to change Condition of Approval No. 6 to read as follows: "If the presence of cultural resources is identified in the cultural resources inventory, an approved Native Cultural Resource Monitor shall be on - site during ground disturbing activities." He said that staff is agreeable to the change and recommended approval (staff report is available at www.cityofpalmdesert.org). He offered to answer any questions. Commissioner Nancy DeLuna asked if there is going to be a homeowners' association (HOA) or assessment district for the maintenance of common areas. Mr. Swartz responded that there will be an HOA. 2 G:\PlanningNonica OReilly\Planning Commission\2015\Mnutes\4-21-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION APRIL 21, 2015 Commissioner Joseph Pradetto voiced his concern with water usage. He commented that he likes the project except for the turf and the pools. He stated that he does not want to vote for something that he is not 100% behind. He asked if the developer would consider a project without turf. Mr. Swartz deferred the question to the applicant. Commissioner Sonia Campbell inquired if the gate on Portola Avenue is only for emergency access. Mr. Swartz replied that it is correct. Chair Stendell asked how many guest parking spaces are available. Mr. Swartz said that there are 56 guest parking stalls. Chair Stendell also asked if the frontage road on Portola Avenue will have additional parking. Mr. Swartz replied that is correct. Chair Stendell voiced his concern with not enough parking for guests. He asked what the distance is from centerline of Frank Sinatra Drive to the centerline of the entrance street. He referred to the future development on the west side of Portofa;!* Avenue. Will the applicant for that property address the entrance to be proximity to the project? Mr. Swartz responded that the property on the west side already has a tract map. He stated that there is enough room for two left turn pockets, one for each project. Chair Stendell referred to the gate on the golf path going to the golf course. He asked if that would be open at 6:00 a.m. and close at 9:00 p.m. Is it an automatic gate? Mr. Swartz deferred the question to the applicant. He noted that there are no traffic signals proposed at any of the locations. Commissioner DeLuna referred to the property across the street, and asked how many homes are proposed for that future project. Mr. Swartz replied that it was approved for 159 single-family homes. Chair Stendell declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. 3 GAPlanningWonica OReilly\Planning Commission\2015\Mnutes\4-21-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION APRIL 21, 2015 MR. RUDY HERRERA, partner with Family Development and manager for Portola PD, LLC, Palm Desert, California 92260, stated that he is excited to present The Retreat at Desert Willow and thanked City staff. He said that he will discuss issues that the Planning Commission might have with the project. Commissioner Pradetto asked the applicant to address his concern with the proposed turf and pools. MR. HERRERA communicated that he presented the new exhibit that illustrates only 4% of turf area in the entire landscapeable area. He also followed up with the Coachella Valley Water District (CVWD), and CVWD felt that they are far below the allowable water usage and the 4% is insignificant for the size of the project. He stated that the balance of having a splash of turf is critical to the landscape component to this community. Commissioner DeLuna commented that she does not have a problem with the 4% turf. She stated that she does not support artificial turf for the following reasons: 1) it uses more water; 2) it burns dogs' feet; and 3) it is plastic and does not maintain well. She feels that 4% is de minimis in terms to the overall project, and it would create an ambience that would add attraction and allure to the project. Commissioner Pradetto expressed that he is not against turf. He stated that the project is only 4% away from none. Can they get there? He commented that four months before the governor's mandatory water restrictions, he still would not be comfortable with the 4% turf, but now it is even more so. He stated that he would probably vote no if turf cannot be less than 4%. MR. HERREA stated that they are very conscious of the drought. The landscape palette and design lends itself to the drought. He asked Commissioner Pradetto what percentage goal would be palatable. Commissioner Pradetto responded that the percentage is deceptive because it is small and plays in the developer's favor. He asked if ideally they can get away with no turf considering that the project is sitting on a golf course. MR. HERRERA commented that the exhibit is misleading in terms of the amount of turf. For that reason, he asked the landscape architect to do a hard calculation so that they know exactly how much turf they are talking about in percentage in the overall landscapeable area. He noted that the turf is not nearly as much as what you see in the big scheme of things. Mr. Herrera stated that the turf is vital to their landscape design. He said that they may be able to compromise to have a lower percentage so it is concentrated in more key areas, but not give it up altogether. Commissioner Pradetto asked the applicant what he meant by concentrating in key areas but not reduce the turf. 4 GAPlanningWonica OReilly\Planning Commiss ion\2015\Minutes\4-21-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION APRIL 21, 2015 MR. HERRERA replied that he means to not eliminate the turf but reduce the percentage. Commissioner Pradetto mentioned that the turf in the entrance way will give the visual impact that one would be looking for. MR. HERRERA said that they could compromise and key in where they do put the turf and maybe eliminate it in areas that are not going to be as impactful. He stated that he could work with City staff to come up with a 2'/2 percent overall turf area. Commissioner Pradetto stated that since the applicant stated 2'/2 percent, he would ask the Planning Commission if they agree to that amount or make that a condition. Chair Stendell remarked that they wait to discuss at the time to make a motion. Commissioner DeLuna inquired how much is 4% of turf. MR. HERRERA replied that the 4% is 17,000 square feet of the 441,000 square feet of landscapeable areas. He expressed that they are being sensitive to the drought. Commissioner Campbell clarified that the streets will be normal size, and there will be ample parking for cars besides the designated guest parking spaces. MR. HERRERA replied that is correct. He commented that Chair Stendell also had a concern with parking, and he noted that parking will be addressed in the covenants, conditions, and restrictions (CC&Rs). He also noted that they had an extensive traffic study done. They worked with staff and the Engineering Department on the location of the turn pockets from the distance between Frank Sinatra Drive, their development, and a future turn pocket for the other development. Mr. Herrera stated that the turn pockets fall within the guidelines and are supported by staff. Chair Stendell commented that one looks for opportunities to make something better. He said that he envisions himself living in this development. If he is going out to dinner, he would like to come out of the development and make a left-hand turn and go into town, which is the point he wanted to make. He asked the applicant what kind of gate there will be for the golf cart path to the golf course. MR. HERRERA responded that there will be gates on both ends, with a clicker to get access to the golf course. Chair Stendell inquired what the approximate HOA fees will be for the homeowners. 5 G:\PianningWonica OReilly\Planning Commission\2015\Minufes\4-21-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION APRIL 21, 2015 MR. HERRERA said that the $75 monthly fee for the golf course will be paid inclusive in the HOA. He stated that they project the HOA fee to be approximately $400. Commissioner Campbell asked what will be the selling price for the condominiums. MR. HERRERA replied that market studies show that the starting selling price will be approximately $400,000. Commissioner DeLuna asked if the HOA fee includes trash pick-up, cable, yard maintenance, and security at the gates? MR. HERRERA responded that the development will not be a manned security gate. The HOA will include amenities commonly found in HOA communities, which they have not yet defined. Commissioner DeLuna inquired if the development will have restricted access. MR. HERRERA replied yes. MR. VINCENT BARBATO, partner with Family Development, Palm Desert, California 92260, asked Commissioner Pradetto to consider a few things about the turf usage. He stated that in contrast most communities probably have five times more turf. He also stated that there is a drought, and they have to be sensitive to that issue. However, he pointed out that from a Palm Desert standpoint, the city has been very responsible with a relatively low amount of turf. He stated that the turf adds to the resort community lifestyle, and it was also considered because of what Commissioner DeLuna mentioned with pets and their well-being. This will be a community of active empty nesters with not many children; however, there will be a lot of dogs. He stated that if they were to replace some of the turf areas, he thinks it would be shortsighted. He said that to think that means no water usage; however, there could be flower beds and shrubs that will be using water as well. He stated that 4% is a small fraction of what a normal community has, and he believes that this development is something that the Palm Desert could be proud to say that they were very sensitive to the drought issues. He asked Commissioner Pradetto to give some thought to the 4%. Lastly, he noted that they took the time to pattern the proposed development to the Desert Willow architecture. With no further testimony offered, Chair Stendell declared the public hearing closed. Commissioner Pradetto thanked Mr. Barbato for his comments. He said that he wanted to be convinced for this proposed project because turf was a concern to him. He said that he had not considered the dog issue. However going forward, he would like to encourage staff that this is a great project, and it should be used as a template and to aim for zero turf but concede where it is necessary. 6 GAPIanningWAonica OROIl APIanning Commissiont2015\MinutesX4-21-15 min.dou MINUTES PALM DESERT PLANNING COMMISSION APRIL 21, 2015 Commissioner Campbell commented that it is a very impressive project. She liked the architecture and square footage of the units. She stated that she is comfortable with the 4% turf, especially if the applicant received approval from the CVWD. Commissioner DeLuna moved, by Minute Motion, to recommend to the City Council for approval of a Negative Declaration of Environmental Impact, a Development Agreement, a Change of Zone to establish a higher density, a Precise Plan of design, Tentative Tract Map 36874 to subdivide 15.52 acres into 112 condominium units and common area amenities located at 38400 Portola Avenue, with the amendment to Condition of Approval No. 6 to read as follows: "If the presence of cultural resources is identified in the cultural resources inventory, an approved Native Cultural Resource Monitor shall be on -site during ground disturbing activities." Motion was seconded by Commissioner Campbell and carried by a 4-0-1 vote (AYES: Campbell, DeLuna, Pradetto, and Stendell; NOES: None; ABSENT: Greenwood; ABSTAIN: None). Commissioner Campbell moved, by Minute Motion, to waive further reading and adopt Resolution No. 2648, recommending to the City Council approval of a Negative Declaration of Environmental Impact, a Development Agreement, a Change of Zone, a Precise Plan, and Tentative Tract Map 36874, subject to conditions. Motion was seconded by Commissioner DeLuna and carried by a 4-0-1 vote (AYES: Campbell, DeLuna, Pradetto, and Stendell; NOES: None; ABSENT: Greenwood; ABSTAIN: None). Chair Stendell thanked Mr. Herrera, and said that it would be a nice addition to the community. X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION None C. GENERAL PLAN UPDATE TECHNICAL WORKING GROUP None XII. COMMENTS None 7 G\PlanningWcnica OReilly\Planning Commission\2015\MnutesW-21-15 min.docx ARCHITECTURAL R(l =W COMMISSION MINUTES February 10, 2015 ACTION: Commissioner Clark continued MISC 14-434 subject to: 1) break up the massing with a variety of different elements to lessen repetition; 2) design the buildings as retail to provide a cohesive flow throughout the center; 3) restore the awnings to help break up the buildings to provide a retail look; 4) keep the storefront windows; 5) increase the forms to give the building some pop; and 6) to keep the screening parapets lower, consider moving the roof top equipment to the front of the building where the roof is lower.. Motion was seconded by Commissioner Levin and carried by an 8-0 vote, with Clark, Colombini, Lambell, Levin, McAuliffe, McIntosh, Van Vliet and Vuksic voting YES. 3. CASE NO: DA/CZ/PP 15-15/TT 36874 APPLICANT AND ADDRESS: PORTOLA PD, LLC, 73-081 Fred Waring Drive, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of preliminarily approving 112 residential condominium units including a club house and landscape plans; Retreat at Desert Willow. LOCATION: 38-400 Portola Avenue ZONE: P.R.-5 Mr. Kevin Swartz, Assistant Planner, said this project, The Retreat at Desert Willow, is still in the review process but the applicant requested to come to the Commission to get some initial comments. He presented a PowerPoint of the 20-acre site and said it is part of Desert Willow. This project has 112 units which consist of 28 two-story buildings with each building maintaining four condos. He told the Commission if they feel comfortable with the plans they can recommend approval and the working drawings will come back for review. MR. VINCENT BARBATO, Family Development, said this product was built in Scottsdale, Arizona where they have the distinction of being the top selling community in all of Arizona. They are presenting it to Palm Desert because this piece of property has the same characteristics as the property in Scottsdale and the geographic benefits of this property is adjacent to the Desert Willow Golf Course. He explained the product and said the square footage is roughly 2,000 sq. ft. to 2,700 sq. ft. The two-story buildings will have two units on the bottom and two on the top. There is a lot of articulation, movement on the roof heights, different architectural element heights to create a lot of interest, and a lot of setback to G-AanningUanine JudyWRC\ MinuleM20151150210min doca Page 10 of 12 ARCHITECTURAL REVIC� OMMISSION MINUTES II February 10, 2015 make the street scene pleasing. He said there are two different styles; Modern and Contemporary. He described the architectural styles of each unit and passed around the color schemes for the Commission's review. Solar and an elevator for the top units will be offered as an option. MR. TOM DOCZI, TKD Landscape Architects, said one of the overall goals in the design development of the site plan was to create as much movement throughout the project as possible. The streets have movement, the units themselves have various setbacks and all of the pathways and walkways that meander through the project connect to the various areas of the neighborhood in the central open space. The development of a club house area has a gathering space, exercise room, and lap pool. The entry will sit 6Y 2' to 7' above an open space so you will drive in to a vista down over the recreation and open space area. Within that they have developed some terraced areas for landscaping, seating and conversation areas, and a meandering walkway that will work its way down to the pool. There will be a resort style pool with fire pits, cabanas, bocci ball courts, club house area, barbeque, spa and shaded patio areas. He described the different garden types; meditation, sensory, and butterfly. Along Portola they will create a heavy dense planting to buffer the street noise. In terms of materials and plant materials it will be compatible with the Desert Willow theme. The landscape will be low maintenance and low water use but at the same time will be colorful for year round interest. The materials for the walkways will be pavers along the street and in special locations to provide more interest. Commissioner Levin and MR. BARBATO discussed the garage setbacks and the on -street parking for the units with a short driveway. MR. RUDY HERRERA, Family Development, said the streets are 32' wide allowing for on -street parking. The Commission and the applicants discussed the emergency vehicle access. MR. DOCZI said the interior walks are designed at 4' wide and working with the Fire Department they will provide emergency access into the facility. The Commission reviewed and discussed solar, HVAC units, trash containers, the perimeter wall, mail delivery, wedged curbs, and the utility meters. MR. BARBATO stated the electrical meters will be in a utility closet and the gas meters will be on the sides of the units; four on one side. The Commission and the applicant reviewed and discussed the color schemes, the cement board siding, the corner treatments, the G:\PlanningUanine JudyWRC\1Minules\2015\150210min docx Page 11 of 12 ARCHITECTURAL R( -W COMMISSION MINUTES February 10, 2015 fascia on the corner of the buildings, and the garage door styles. MR. BARBATO said each unit will have two garage door styles and explained that there will be various architectural elements that break up the line of sight so that it is not focused on four garage doors right next to each other. Commissioner Vuksic thought this was a pretty well developed package and feels good about it. He pointed out that there is so much going on in the elevations and referred to one spot to see how the elevation links to the floor plan and told the applicant to be careful as they move along. He advised them that when they are all done to make sure it looks like the elevations not the plan. ACTION: Commissioner Vuksic moved to preliminarily approvin seconded by Commissioner Clark, Colombini, Lambell, Vuksic voting YES. C. Miscellaneous Items: VI. COMMENTS None VII. ADJOURNMENT Colombini and carried by an Levin, McAuliffe, McIntosh, g Upon a motion by Commissioner Lambell, second by Commissioner McIntosh, and an 8-0 vote, with Clark, Colombini, Lambell, Levin, McAuliffe, McIntosh, Van Vliet and Vuksic voting YES, the Architectural Review Commission meeting was adjourned at 3:00 p.m. ERIC CEJA, ASSOCIATE PLANNER SECRETARY JANINE JUDY RECORDING SECRETARY G:\RanningUanineJudyWRC\1Minutes\2015\150210min.docx Page 12 of 12