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HomeMy WebLinkAboutRes 99-107 Planned Community Development 35250 Monterey Ave CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I. TO: Honorable Mayor and City Council II. REQUEST: Approval of a Negative Declaration of Environmental Impact, a precise plan of design for a 166,725 square foot sports facility and a master plan fora 70-acre site in the PCD (Planned Community Development) zone at 35-250 Monterey Avenue III. APPLICANT: Desert Sports Group 620 Herndon Parkway, Suite 200 Herndon, VA 20170 IV. CASE NO.: PP 99-18 V. DATE: November 18, 1999 VI. CONTENTS: A. Staff Recommendation B. Discussion C. Draft Resolution No. 99-107 D. Planning Commission Resolution No. 1956 E. Planning Commission Staff Report dated November 2,1999 F. Related maps and/or exhibits A. STAFF RECOMMENDATION: Waive further reading and adopt Resolution No. 99-107 approving PP 99-18 and master plan, subject to conditions. CITY COUNCg, ACTION: *Subject to conditions APPROVED DENIED including a bus shelter, RECEIVED OTHER.. �a roof color blending with v+r:.ET surrounding environment, Ivat:.ET 1 i DATE • I . and environment compatible Ai^'' ' landscaping. NOES ABSENT: �AtitQ> ABSTAIN: VERIFIED BY: Original op File with i y lerk's Office STAFF REPORT NOVEMBER 18, 1999 PP 99-18 B. DISCUSSION: 1. Background a. Adjacent zoning and land use: North: PC-3, S.I./vacant South: PC-3, PR-5/vacant East: S.I./vacant West: RM (Medium Residential), CC (Community Commercial)/vacant (Rancho Mirage) b. General Plan Land Use Designation Commercial/Industrial 2. Conceptual Master Plan The conceptual master plan identifies the general layout of buildings, parking, pedestrian circulation and vehicular circulation for the entire 70 acres as they relate to Phase I of the project. All subsequent phases shall be required to go through the precise plan process, including all design review and public hearing requirements. a. Circulation There are two ingress/egress points to the site off Monterey Avenue which are located at the north and south limits of the property. A traffic study has been produced, and with the implementation of all mitigation measures detailed in the study, the level of service at all affected intersections on Monterey Avenue will be at Level C or better. These required mitigation measures include the following improvements: 1. Signalization at north project entrance 2. Dual left turn into site from southbound Monterey 3. Dual left turn to southbound Monterey at north project entrance 4. Single right turn to northbound Monterey at north and south project entrance 5. Triple left at eastbound Dinah Shore Drive to southbound Monterey Avenue 6. Triple thru on northbound Monterey Avenue at north and south 7 STAFF REPORT NOVEMBER 18, 1999 PP 99-18 project entrance and Marketplace Way 7. Triple thru on southbound Monterey Avenue at north and south project entrance 8. Single left from eastbound 35th to northbound Monterey Avenue 9. Single thru from eastbound 35th to project entrance 10. Single right from eastbound Gerald Ford Drive to southbound Monterey Avenue b. Site Uses All of the proposed uses for the project are consistent with those permitted in the Planned Community Development zone which include residential, school sites, public and private recreational facilities, commercial centers, professional centers and industrial facilities. In addition, the uses and square footages comply with the pre- annexation agreement which was approved by City Council Ordinance 695 on December 17, 1992 which permits up to 1,024,767 square feet of retail, hotel, office and industrial uses (see attached). 3. Precise Plan The precise plan for Phase I includes the sports facility, permanent parking, overflow parking, access from Monterey Avenue, retention basin and well site. The sports facility includes an ice rink, indoor soccer field (convertible to an ice rink), three basketball courts, day care facility, arcade, restaurant/concession area, golf simulator, pro shop, weight room, climbing wall and party rooms. a. Architecture and Landscape The sports facility is primarily a concrete tilt-up structure utilizing preformed, prefabricated metal panels and translucent panels. The central, circular position of the building emphasizes the use of clerestory glazing. Proposed colors include the use of"terra cotta"for the site cast/precast concrete, "aspen gold" for the metal building panels and "patina green" for the roof panels. The conceptual landscape plan includes a plant list and tree layout. The plan is intended to show the direction of the landscape concept 3 STAFF REPORT NOVEMBER 18, 1999 PP 99-18 for the project. The Architectural Review Commission granted preliminary approval to the architecture and continued the landscape plans. b. Parking The parking requirement for Phase I is 597 spaces based on the following analysis: Use Area Ordinance Total Required Ice rink/ indoor soccer 41,526 sq. ft. 1 space/100 sq ft. 415 spaces Basketball courts 3 courts 1 space/2 players 51 spaces* Circuit/free 4,681 sq. ft. 1 space/150 sq. ft. 31 spaces weights/cardio/ climbing wall Miscellaneous 15,303 sq. ft. 1 space/150 sq. ft. 100 spaces** uses (arcade, concession/restaurant, day care, pro shop) *Based on a maximum of 12 teams (six playing, six waiting)with eight players per team, plus referees (one per court) **These uses are typically shared with the other main uses at the facility, i.e., ice rink or soccer. The applicant is providing 600 parking spaces, not including overflow parking. 4. Pre-annexation Agreement The pre-annexation agreement for the 70-acre subject property identifies specific uses and square footages permitted (Exhibit C) as well as general uses permitted by different zones (Exhibit D). Exhibit C reads as follows: 4 STAFF REPORT • NOVEMBER 18, 1999 PP 99-18 Permitted Uses Square Footage Calculations Retail Total retail buildings 287,100 sq. ft. Hotel 6 floors at 15,6000 sq. ft. (184 rooms) 93,600 sq. ft. Office 11 buildings at various sizes 326,200 sq. ft. Parking Structure 2 levels @ 60,000 sq. ft. 120,000 sq. ft. Light Industrial 11 buildings @ various sizes 317,867 sq. ft. (one story with mezzanine) 7.5% buffer 84,857 sq. ft. TOTAL 1,230,624 sq. ft. Exhibit D reads as follows: Zoning Planned Community Development Chapter 25.23 Palm Desert Municipal Code Including uses allowed in the following zones: PC-1, PC-2, PC-3, PC-4, O.P. and S.I. (Service Industrial District) The agreement also identifies the timing of the project to be as the property owner deems appropriate (Section 6.2) and that the City waives any requirement for minimum site size in the PCD zone (Section 7.1). The sports facility is proposed in lieu of 166,725 square feet of the industrial area called out in Exhibit C. The recreational facility use is permitted under 5 STAFF REPORT NOVEMBER 18, 1999 PP 99-18 the PCD zone. Although the conceptual master plan is not developed to the full intensity of the approved pre-annexation agreement, the property owner reserves the right to amend the master plan to the intensity allowed under the agreement, subject to complying with all applicable zoning requirements. Section 6.3 of the pre-annexation agreement allows for amendments which do not significantly alter the overall land use character of the project or result in an increase in intensity. The proposed master plan remains consistent with the overall land use character as identified in the agreement, while the land use intensity is significantly below that identified. These changes can be approved as "minor" per the agreement, and processed in accordance with land use regulations. 5. Parking Requirements The parking requirements for the overall project shall be a minimum of 4.675 spaces per 1,000 square feet of gross floor area consistent with the regional shopping center requirement of the Parking Ordinance, with the exception of hotels, which shall be calculated at 1.1 spaces per room. This requirement assumes the efficiency of scale occurring in parking lots over 2,500 cars. Until the parking count reaches the 2,500 space threshold, individual phases may be required to include parking in addition to the 4.675 ratio depending upon the mix of uses. Each phase shall be reviewed as a separate project and shall conform with all parking requirements. 6. Height Requirements The height requirements for the project shall comply with the regional commercial standard which allows a maximum building height of 35 feet unless otherwise permitted by the pre-annexation agreement or approved as an exception granted pursuant to Section 25.30.220, 25.56.300. The maximum height of the proposed sports facility is 54'6" at the circular entry area with the majority of the facility being at 42'0" from grade. This is consistent for all but the south elevation which, because of grading and the facility's functions, the maximum height is 42 feet at the entryway. The basketball wing and the ice rink wing are 33 feet and 29 feet from grade. 6 STAFF REPORT NOVEMBER 18, 1999 PP 99-18 The building sits approximately 1,700 feet east of Monterey Avenue, and the building pad sits approximately 30 feet below the grade of Monterey Avenue which significantly minimizes visual impacts of this project. The pre-annexation agreement identifies a six-story hotel as permitted. Assuming a standard of 10 feet per story, the hotel would be approximately 70 feet in height. The sports facility falls within this height. Based on the distance from Monterey Avenue, the grade differential between the sports facility pad and Monterey Avenue, and the proposed use, the Planning Commission felt that the exception was justified. 7. Environmental Review The Director of Community Development has determined that the proposed project and master plan will not have a significant impact on the environment, and a Negative Declaration has been prepared. The project shall be subject to all subsequent mitigation requirements which are included in an approved multi-species habitat conservation plan. C. PLANNING COMMISSION ACTION On November 2, 1999, the Planning Commission recommended approval of the project with a 4-1 vote (Commissioner Finerty dissenting). Prepared(Ialt:AA Jeff Winklepleck Reviewed and Approved by 34A ALL Philip Drell 7 RESOLUTION NO. 99-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A PRECISE PLAN OF DESIGN FOR A 166,725 SQUARE FOOT SPORTS FACILITY AND A MASTER PLAN FOR A 70-ACRE SITE (643,971 SQUARE FEET TOTAL BUILDING AREA) IN THE PCD (PLANNED COMMUNITY DEVELOPMENT) ZONE AT 35-250 MONTEREY AVENUE. CASE NO. PP 99-18 WHEREAS, the City Council of the City of Palm Desert, California, did on the 18th day of November, 1999, hold a duly noticed public hearing to consider the request of DESERT SPORTS GROUP, for approval of the above; and WHEREAS, the Planning Commission by adoption of its Resolution No. 1956 has recommended approval; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the director of community development has determined that the project will not have a significant impact on the environment and a negative declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify approval of said precise plan/master plan: 1 . The design of the project will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 2. The project will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The project will not endanger the public peace, health, safety or general welfare. 4. That the project is consistent with applicable general and specific plans. 5. That the design or improvement of the proposed project is consistent with applicable general and specific plans. 6. That the site is physically suitable for the type of development. 7. That the site is physically suitable for the proposed density of development. RESOLUTION NO. 99-107 8. That the design of the project or the proposed improvements are not likelyto 9 p p p cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 9. That the design of the project or the type of improvements is not likely to cause serious public health problems. 10. That the design of the project 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 project. 1 1 . The proposed land uses identified in the master plan remain substantially in conformance with the pre-annexation agreement. 12. Overall intensity of the conceptual master plan is less than that identified in the annexation agreement. NOW, THEREFORE, BE IT RESOLVED 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 council in this case. 2. That Precise Plan 99-18 and the master plan of development are hereby approved, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 18th day of November , 1999, by the following vote, to wit: AYES: Benson, Ferguson, Kelly, Spiegel, Crites NOES: None ABSENT: None ABSTAIN: None BUFORD A. CRITES, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California 2 RESOLUTION NO. 99-107 CONDITIONS OF APPROVAL CASE NO. PP 99-18 AND MASTER PLAN Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the department of community development/ planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within two years from the date of final approval unless an extension of time 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 all 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 contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Sunline Transit Agency Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and department of community development. 6. The applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance No. 612, said enclosure subject to approval of Environmental Conservation Manager. 3 RESOLUTION NO. 99-107 7. An organized recycling program shall be implemented in the center with required tenant participation as a condition of lease. 8. The overall project shall have a minimum of 4.675 parking spaces per 1 ,000 square feet of gross floor area, consistent with the regional shopping center parking requirements of the zoning, with the exception of the hotels which shall be required at 1 .1 spaces per room. 9. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 10. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 1 1 . Final landscape plans shall comply with proposed August 24, 1989 parking lot tree planting master plan. 12. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. 13. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Fringe-Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 14. Project shall conform to all requirements of the approved pre-annexation agreement (City Council Ordinance 695). 15. Until the 2,500 parking space threshold is reached, additional parking for each phase may be required based on the mix of uses as determined by the Director of Community Development. 16. Final design of the public road along the north property line shall be completed in consultation with the adjacent property owner. 17. Planning Commission shall be given the opportunity to review and comment on the traffic study and all subsequent refinements to the design. 4 RESOLUTION NO. 99-107 18. Project shall be subject to all subsequent mitigation requirements which are included in an approved multi-species habitat conservation plan. Department of Public Works: 1 . Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and Ordinance No. 653 shall be paid prior to issuance of any permits associated with this project. 2. Any drainage facility construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. The project shall be designed to retain storm waters associated with the increase in developed vs. undeveloped condition for a 100 year storm. 3. Prior to the issuance of any permits associated with this project, applicant shall submit a Traffic Impact Analysis for review and approval by the Director of Public Works. The subject study shall include both on-site circulation as well as off-site project impacts and associated mitigation measures. 4. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79- 55, shall be paid prior to issuance of any permits associated with this project. The costs associated with the installation of a traffic signal ( if required by the project Traffic Impact Analysis)for this project may be used as a credit against the subject signalization fees. Such a credit would be subject to approval by the Palm Desert City Council. 5. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 6. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 7. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 8. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. 5 RESOLUTION NO. 99-107 9. In accordance with the Circulation Network of the Palm Desert General Plan, installation of a landscaped median island in Monterey Avenue along the project frontage shall be provided. Applicant may submit cash payment in lieu of actual construction of the median island subject to the approval of the Director of Public Works. 10. Landscape installation on the property frontages shall be drought tolerant in nature and maintenance shall be provided by the property owner. 11 . Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Stormwater Management and Discharge Control. 12. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 13. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 14. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 15. As required under Sections 26.32 and 26.40 of the Palm Desert Municipal Code, all existing overhead utilities shall be placed underground per the respective utility district recommendation. 16. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. Those improvements shall include, but not be limited to the following: Installation of concrete curb, gutter and ac paving on Monterey Avenue at 55' from centerline. Installation of acceleration/deceleration lanes for project entry (Monterey Avenue). Installation of half-street improvements (curb, gutter and ac paving) on the proposed east/west street. The specific roadway geometrics for the main project entry from the proposed east/west roadway shall provide for a future northerly roadway extension. Installation of a concrete sidewalk in an appropriate size and configuration on the Monterey Avenue and proposed east/west street. 6 RESOLUTION NO. 99-107 Installation of transit facilities in accordance with Sunline Transit Agency recommendations. In addition to the above noted items, all traffic impact mitigation measures identified in the project Traffic Impact Analysis shall be considered as conditions of approval for this project. The subject report and proposed mitigation measures shall be approved by the Public Works Department. Rights-of-way as may be necessary for the construction of required public improvements shall be provided prior to the start of construction. 17. Traffic safety striping on Monterey Avenue and the proposed east/west street shall be provided to the specifications of the Director of Public Works. A traffic control plan must be submitted to, and approved by, the Director of Public Works prior to the placement of any pavement markings. 18. Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination (NPDES) General Construction Permit for storm water discharges associated with construction. Riverside County Fire Department: 1 . With respect to the conditions of approval regarding the above referenced plan check, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, appropriate NFPA standards, CFC, CBC, and/or recognized fire protection standards. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per California Fire Code Sec. 10.301 C. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible materials are placed on the job site. 3. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of 3000 gpm for commercial. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for a two hour duration at 20 psi residual operating pressure. 4. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2-1/2" x 2-1/2"), located not less than 25' nor more than 150' commercial from any portion of the building(s) as measured along approved vehicular travel ways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. 7 RESOLUTION NO. 99-107 5. Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange for a field inspection by the fire department prior to scheduling for a final inspection. 6. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front of the building, not less than 25' from the building and within 50' of an approved Super hydrant. This applies to all buildings with 3000 square feet or more building area as measured by the building footprint, including overhangs which are sprinklered as per NFPA 13. The building area of additional floors is added in for a cumulative total square footage. Exempted are one and two family dwellings. 7. Install a fire alarm (water flow) as required by the Uniform Building Code Sec. 3803 for fire sprinkler system(s). Install tamper alarms on all supply and control valves for sprinkler systems. 8. Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs as approved by the Fire Marshal. 9. Install a fire alarm as required by the California Building Code and/or California Fire Code. Minimum requirement is UL central station monitoring of sprinkler systems per NFPA 71 and 72. Alarm plans are required for all UL central station monitored systems and systems where any interior devices are required or used. (U.F.C. 14.103(a)) 10. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75' walking distance and/or 3,000 square feet of floor area. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens. 11 . Install a Hood/Duct automatic fire extinguishing system if operating a commercial kitchen including, but not limited to, deep fat fryers, grills, charbroilers or other appliances which produce grease laden vapors or smoke. (NFPA 96, 17, 17A) 12. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13' 6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around (55' in industrial developments). Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 10' diameter. City standards may be more restrictive. 8 RESOLUTION NO. 99-107 13. Commercial buildings shall have illuminated addresses of a size approved by the city. 14. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Fire Marshal's office for submittal requirements. 15. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 9 RESOLUTION NO. 99-107 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: PP 99-18 and Master Plan APPLICANT/PROJECT SPONSOR: Desert Sports Group 620 Herndon Parkway, Suite 200 Herndon, VA 20170 PROJECT DESCRIPTION/LOCATION: A 643,971 square foot multi-use center at 35-250 Monterey Avenue in the PCD (Planned Community Development) zone. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. PHIL DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 10 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT (ADDENDUM) TO: Planning Commission DATE: November 2, 1999 CASE NO.: PP 99-18 REQUEST: Approval of a Negative Declaration of Environmental Impact and a precise plan of design for a 166,725 square foot sports facility and a master plan for a 70-acre site in the PCD (Planned Community Development) zone at 35-350 Monterey Avenue. APPLICANT: Desert Sports Group 620 Herndon Parkway, Suite 200 Herndon, VA 20170 DISCUSSION: This addendum is intended to clarify some items identified in the original staff report as well as amending certain requirements and conditions. Specific items addressed include the conceptual master plan, precise plan, pre-annexation agreement, parking requirements and height requirements for the project. A. CONCEPTUAL MASTER PLAN: The conceptual master plan identifies the general layout of buildings, parking, pedestrian circulation and vehicular circulation for the entire 70 acres as they relate to Phase I of the project. All subsequent phases shall be required to go through the precise plan process, including all design review and public hearing requirements. 1 STAFF REPORT (ADDENDUM) CASE NO. PP 99-18 NOVEMBER 2, 19999 B. PRECISE PLAN: The precise plan for Phase I includes the sports facility, permanent parking, overflow parking, access from Monterey Avenue, retention basin and well site. The sports facility includes an ice rink, indoor soccer field (convertible to an ice rink), three basketball courts, day care facility, arcade, restaurant/concession area, golf simulator, pro shop, weight room, climbing wall and party rooms. The parking requirement for Phase I is 597 spaces based on the following analysis: Use Area Ordinance Total Required Ice rink/ indoor soccer 41,526 sq. ft. 1 space/100 sq ft. 415 spaces Basketball courts 3 courts 1 space/2 players 51 spaces* Circuit/free 4,681 sq. ft. 1 space/150 sq. ft. 31 spaces weights/cardio/ climbing wall Miscellaneous 15,303 sq. ft. 1 space/150 sq. ft. 100 spaces** uses (arcade, concession/restaurant, day care, pro shop) *Based on a maximum of 12 teams (six playing, six waiting)with eight players per team, plus referees (one per court) **These uses are typically shared with the other main uses at the facility, i.e., ice rink or soccer. The applicant is providing 600 parking spaces, not including overflow parking. C. PRE-ANNEXATION AGREEMENT: The pre-annexation agreement for the 70-acre subject property identifies 2 STAFF REPORT (ADDENDUM) CASE NO. PP 99-18 NOVEMBER 2, 19999 specific uses and square footages permitted (Exhibit C) as well as general uses permitted by different zones (Exhibit D). Exhibit C reads as follows: Permitted Uses Square Footage Calculations Retail Total retail buildings 287,100 sq. ft. Hotel 6 floors at 15,6000 sq. ft. (184 rooms) 93,600 sq. ft. Office 11 buildings at various sizes 326,200 sq. ft. Parking Structure 2 levels @ 60,000 sq. ft. 120,000 sq. ft. Light Industrial 11 buildings @ various sizes 317,867 sq. ft. (one story with mezzanine) 7.5% buffer 84,857 sq. ft. TOTAL 1,230,624 sq. ft. Exhibit D reads as follows: Zoning Planned Community Development Chapter 25.23 Palm Desert Municipal Code Including uses allowed in the following zones: PC-1, PC-2, PC-3, PC-4, O.P. and S.I. (Service Industrial District) The agreement also identifies the timing of the project to be as the property 3 STAFF REPORT (ADDENDUM) CASE NO. PP 99-18 NOVEMBER 2, 19999 owner deems appropriate (Section 6.2) and that the City waives any requirement for minimum site size in the PCD zone (Section 7.1). The sports facility is proposed in lieu of 166,725 square feet of the industrial area called out in Exhibit C. The recreational facility use is permitted under the PCD zone. Although the conceptual master plan is not developed to the full intensity of the approved pre-annexation agreement, the property owner reserves the right to amend the master plan to the intensity allowed under the agreement, subject to complying with all applicable zoning requirements. Section 6.3 of the pre-annexation agreement allows for amendments which do not significantly alter the overall land use character of the project or result in an increase in intensity. The proposed master plan remains consistent with the overall land use character as identified in the agreement, while the land use intensity is significantly below that identified. These changes can be approved as "minor" per the agreement, and processed in accordance with land use regulations. • D. PARKING REQUIREMENTS: The parking requirements for the overall project shall be a minimum of 4.675 spaces per 1,000 square feet of gross floor area consistent with the regional shopping center requirement of the Parking Ordinance. This requirement assumes the efficiency of scale occurring in parking lots over 2,500 cars. Until the parking count reaches the 2,500 space threshold, individual phases may be required to include parking in addition to the 4.675 ratio depending upon the mix of uses. Each phase shall be reviewed as a separate project and shall conform with all parking requirements. E. HEIGHT REQUIREMENTS: The height requirements for the project shall comply with the regional commercial standard which allows a maximum building height of 35 feet unless otherwise permitted by the pre-annexation agreement or approved as an exception granted pursuant to Section 25.30.220, 25.56.300. 4 STAFF REPORT (ADDENDUM) CASE NO. PP 99-18 NOVEMBER 2, 19999 The maximum height of the proposed sports facility is 54'6" at the circular entry area with the majority of the facility being at 42'0" from grade. The building sits approximately 1,700 feet east of Monterey Avenue, and the building pad sits approximately 30 feet below the grade of Monterey Avenue which significantly minimizes visual impacts of this project. The pre-annexation agreement identifies a six-story hotel as permitted. Assuming a standard of 10 feet per story, the hotel would be approximately 70 feet in height. The sports facility falls within this height. F. ADDITIONAL CONDITIONS: (Replace Condition No. 8). The overall project shall have a minimum of 4.675 parking spaces per 1,000 square feet of gross floor area, consistent with the regional shopping center parking requirements of the Zoning Ordinance. 15. Until the 2,500 parking space threshold is reached, additional parking for each phase may be required based on the mix of uses as determined by the Director of Community Development. 16. Final design of the public road along the north property line shall be completed in consultation with the adjacent property owner. G. ADDITIONAL FINDINGS FOR RESOLUTION: 11 . The proposed land uses identified in the master plan remain substantially in conformance with the pre-annexation agreement. 12. Overall intensity of the conceptual master plan is less than that identified in the annexation agreement. 5 STAFF REPORT (ADDENDUM) CASE NO. PP 99-18 NOVEMBER 2, 19999 II. RECOMMENDATION: Approve the findings and adopt Planning Commission Resolution No. recommending approval of PP 99-18 and master plan to the City Council, subject to conditions. Prepared by Reviewedby PA-02C1_ Je inklepleck Phil Drell Parks and Recreation Director of Community Planning Manager Development 6 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: November 2, 1999 CASE NO: PP 99-18 REQUEST: Approval of a Negative Declaration of Environmental Impact and a precise plan of design for a 166,725 square foot sports facility and a master plan for a 70-acre site in the PCD (Planned Community Development) zone at 35-250 Monterey Avenue. APPLICANT: Desert Sports Group 620 Herndon Parkway, Suite 200 Herndon, VA 20170 I. BACKGROUND: A. ADJACENT ZONING AND LAND USE: NORTH: PC-3, S.I./vacant SOUTH: PC-3, PR-5/vacant EAST: S.I./vacant WEST: RM (medium residential), CC (community commercial)/vacant (Rancho Mirage) B. GENERAL PLAN LAND USE DESIGNATION: Commercial/industrial. II. MASTER PLAN: A. SITE DESIGN: The project is designed with a 166,725 square foot sports facility pad, 20 retail pads totaling 287,100 square feet, two hotel pads totaling 90,240 square feet, a 65,220 square foot office pad, a 25,170 square foot country club pad and a 9,516 square foot sports medicine pad. Total building area for the project is 643,971 square feet. STAFF REPORT CASE NO. PP 99-18 NOVEMBER 2, 1999 The larger retail pads and large hotel pad are positioned to form a central pedestrian outdoor mall area. The remainder of the retail pads are located to the north, south and east of the main retail spine. The sports facility pad, sports medicine pad, country club pad and small hotel pad are located on the east portion of the 70-acre site. The sports facility is Phase One of the project. Subsequent phases shall be reviewed by applicable committees and commissions. B. CIRCULATION: There are two ingress/egress points to the site off Monterey Avenue which are located at the north and south limits of the property. A traffic study is being produced and all mitigation measures detailed in the study shall be required. C. SITE USES: All of the proposed uses for the project are consistent with those permitted in the Planned Community Development zone which include residential, school sites, public and private recreational facilities, commercial centers, professional centers and industrial facilities. In addition, the uses and square footages comply with the pre-annexation agreement which was approved by City Council Ordinance 695 on December 17, 1992 which permits up to 1 ,024,767 square feet of retail, hotel, office and industrial uses (see attached). III. SPORTS FACILITY: A. ARCHITECTURE AND LANDSCAPE: The sports facility is primarily a concrete tilt-up structure utilizing preformed, prefabricated metal panels and translucent panels. The central, circular position of the building emphasizes the use of clerestory glazing. Proposed colors include the use of "terra cotta" for the site cast/precast concrete, "aspen gold" for the metal building panels and "patina green" for the roof panels. 2 STAFF REPORT CASE NO. PP 99-18 NOVEMBER 2, 1999 Maximum building height is 54'6" from grade which occurs at the central, circular portion of the facility. The majority of the building, including the ice rink area and the court area, is proposed at 42'0" from grade. For reference, the sports facility parcel is approximately 1 ,700 feet east of Monterey Avenue. The 70-acre site slopes from west to east with the sports pad sitting 30 feet below the grade of Monterey Avenue. The conceptual landscape plan includes a plant list and tree layout. The plan is intended to show the direction of the landscape concept for the project. The Architectural Review Commission granted preliminary approval to the architecture and continued the landscape plans. In addition, the applicant presented a concept of a 20'-25' triangular glass structure located on the circular entry portion. The ARC was in favor of the concept, but needed additional information. B. CODE REQUIREMENTS FOR PCD ZONE IN CHART FORM: Project Ordinance Site size 70 acres* 100 acres Building area 643,971 sq. ft. Building height 54 feet, 6 inches as approved* (up to 79 feet 6 inches with architectural element) Building coverage 21 % 50% Building setback from Arterial 50 feet as approved Off street parking 2,524 spaces 2,338 spaces Landscape 20% 20% *Discussed below in analysis IV. ANALYSIS: The project meets the intent of the PCD zone. Regarding the ordinance required site size of 100 acres, the approved pre-annexation agreement specifically waives the minimum site size requirement (Section 7.1 ). The agreement also specifically 3 STAFF REPORT CASE NO. PP 99-18 NOVEMBER 2, 1999 identifies a six-story hotel as permitted. Assuming a standard of 10 feet per story, the hotel would be approximately 60 feet in height. The sports facility falls within this height maximum with the exception of the glass architectural element. A. FINDINGS FOR APPROVAL FOR A PRECISE PLAN/MASTER PLAN: 1 . The design of the project will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 2. The project will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The project will not endanger the public peace, health, safety or general welfare. 4. That the project is consistent with applicable general and specific plans. 5. That the design or improvement of the proposed project is consistent with applicable general and specific plans. 6. That the site is physically suitable for the type of development. 7. That the site is physically suitable for the proposed density of development. 8. That the design of the project or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 9. That the design of the project or the type of improvements is not likely to cause serious public health problems. 10. That the design of the project 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 project. 4 STAFF REPORT CASE NO. PP 99-18 NOVEMBER 2, 1999 B. ENVIRONMENTAL REVIEW: The Director of Community Development has determined that the proposed project and master plan will not have a significant impact on the environment and a Negative Declaration has been prepared. V. RECOMMENDATION: Approve the findings and adopt Planning Commission Resolution No. recommending approval of PP 99-18 and master plan to the City Council, subject to conditions. VI. ATTACHMENTS: A. Draft resolution B. Legal notice C. Exhibits and supporting data Prepared b Je f ink epleck /tm 5 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A PRECISE PLAN OF DESIGN FOR A 166,725 SQUARE FOOT SPORTS FACILITY AND A MASTER PLAN FOR A 70-ACRE SITE (643,971 SQUARE FEET TOTAL BUILDING AREA) IN THE PCD (PLANNED COMMUNITY DEVELOPMENT) ZONE AT 35-250 MONTEREY AVENUE. CASE NO. PP 99-18 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 2nd day of November, 1999, hold a duly noticed public hearing to consider the request of DESERT SPORTS GROUP, for approval of the above; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the director of community development has determined that the project will not have a significant impact on the environment and a negative declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify recommending to City Council approval of said precise plan/master plan: 1 . The design of the project will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 2. The project will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The project will not endanger the public peace, health, safety or general welfare. 4. That the project is consistent with applicable general and specific plans. 5. That the design or improvement of the proposed project is consistent with applicable general and specific plans. 6. That the site is physically suitable for the type of development. 7. That the site is physically suitable for the proposed density of development. PLANNING COMMISSION RESOLUTION NO. 8. That the design of the project or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 9. That the design of the project or the type of improvements is not likely to cause serious public health problems. 10. That the design of the project 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 project. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That approval of Precise Plan 99-18 and the master plan of development are hereby recommended to the City Council, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 2nd day of November, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SABBY JONATHAN, Chairperson ATTEST: PHIL DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. PP 99-18 AND MASTER PLAN Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the department of community development/ planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within two years from the date of final approval unless an extension of time 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 all 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 contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Sunline Transit Agency Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and department of community development. 3 PLANNING COMMISSION RESOLUTION NO. 6. The applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance No. 612, said enclosure subject to approval of Environmental Conservation Manager. 7. An organized recycling program shall be implemented in the center with required tenant participation as a condition of lease. 8. All future occupants of the buildings shall comply with parking requirements of the zoning ordinance. 9. A detailed parkinglot and buildinglighting plan shall be submitted to staff for 9 9 approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 10. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 1 1 . Final landscape plans shall comply with proposed August 24, 1 989 parking lot tree planting master plan. 12. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. 13. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Fringe-Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 14. Project shall conform to all requirements of the approved pre-annexation agreement (City Council Ordinance 695). Department of Public Works: 1 . Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and Ordinance No. 653 shall be paid prior to issuance of any permits associated with this project. 4 PLANNING COMMISSION RESOLUTION NO. 2. Any drainage facility construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. The project shall be designed to retain storm waters associated with the increase in developed vs. undeveloped condition for a 100 year storm. 3. Prior to the issuance of any permits associated with this project, applicant shall submit a Traffic Impact Analysis for review and approval by the Director of Public Works. The subject study shall include both on-site circulation as well as off-site project impacts and associated mitigation measures. 4. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79- 55, shall be paid prior to issuance of any permits associated with this project. The costs associated with the installation of a traffic signal ( if required by the project Traffic Impact Analysis) for this project may be used as a credit against the subject signalization fees. Such a credit would be subject to approval by the Palm Desert City Council. 5. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 6. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 7. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 8. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. 9. In accordance with the Circulation Network of the Palm Desert General Plan, installation of a landscaped median island in Monterey Avenue along the project frontage shall be provided. Applicant may submit cash payment in lieu of actual construction of the median island subject to the approval of the Director of Public Works. 5 PLANNING COMMISSION RESOLUTION NO. 10. Landscape installation on the property frontages shall be drought tolerant in nature and maintenance shall be provided by the property owner. 11. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Stormwater Management and Discharge Control. 12. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 13. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 14. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 15. As required under Sections 26.32 and 26.40 of the Palm Desert Municipal Code, all existing overhead utilities shall be placed underground per the respective utility district recommendation. 16. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. Those improvements shall include, but not be limited to the following: Installation of concrete curb, gutter and ac paving on Monterey Avenue at 55' from centerline. Installation of acceleration/deceleration lanes for project entry (Monterey Avenue). Installation of half-street improvements (curb, gutter and ac paving) on the proposed east/west street. The specific roadway geometrics for the main project entry from the proposed east/west roadway shall provide for a future northerly roadway extension. Installation of a concrete sidewalk in an appropriate size and configuration on the Monterey Avenue and proposed east/west street. 6 PLANNING COMMISSION RESOLUTION NO. Installation of transit facilities in accordance with Sunline Transit Agency recommendations. In addition to the above noted items, all traffic impact mitigation measures identified in the project Traffic Impact Analysis shall be considered as conditions of approval for this project. The subject report and proposed mitigation measures shall be approved by the Public Works Department. Rights-of-way as may be necessary for the construction of required public improvements shall be provided prior to the start of construction. 17. Traffic safety striping on Monterey Avenue and the proposed east/west street shall be provided to the specifications of the Director of Public Works. A traffic control plan must be submitted to, and approved by, the Director of Public Works prior to the placement of any pavement markings. 18. Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination (NPDES) General Construction Permit for storm water discharges associated with construction. Riverside County Fire Department: 1 . With respect to the conditions of approval regarding the above referenced plan check, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, appropriate NFPA standards, CFC, CBC, and/or recognized fire protection standards. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per California Fire Code Sec. 10.301 C. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible materials are placed on the job site. 3. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of 3000 gpm for commercial. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for a two hour duration at 20 psi residual operating pressure. 7 PLANNING COMMISSION RESOLUTION NO. 4. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2-1 /2" x 2-1/2"), located not less than 25' nor more than 150' commercial from any portion of the building(s) as measured along approved vehicular travel ways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. 5. Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange for a field inspection by the fire department prior to scheduling for a final inspection. 6. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front of the building, not less than 25' from the building and within 50' of an approved Super hydrant. This applies to all buildings with 3000 square feet or more building area as measured by the building footprint, including overhangs which are sprinklered as per NFPA 13. The building area of additional floors is added in for a cumulative total square footage. Exempted are one and two family dwellings. 7. Install a fire alarm (water flow) as required by the Uniform Building Code Sec. 3803 for fire sprinkler system(s). Install tamper alarms on all supply and control valves for sprinkler systems. 8. Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs as approved by the Fire Marshal. 9. Install a fire alarm as required by the California Building Code and/or California Fire Code. Minimum requirement is UL central station monitoring of sprinkler systems per NFPA 71 and 72. Alarm plans are required for all UL central station monitored systems and systems where any interior devices are required or used. (U.F.C. 14.103(a)) 10. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75' walking distance and/or 3,000 square feet of floor area. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens. 11 . Install a Hood/Duct automatic fire extinguishing system if operating a commercial kitchen including, but not limited to, deep fat fryers, grills, charbroilers or other appliances which produce grease laden vapors or smoke. (NFPA 96, 17, 17A) 8 PLANNING COMMISSION RESOLUTION NO. 12. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13' 6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around (55' in industrial developments). Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 10' diameter. City standards may be more restrictive. 13. Commercial buildings shall have illuminated addresses of a size approved by the city. 14. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Fire Marshal's office for submittal requirements. 15. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 9 PLANNING COMMISSION rstSOLUTION NO. EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: PP 99-18 and Master Plan APPLICANT/PROJECT SPONSOR: Desert Sports Group 620 Herndon Parkway, Suite 200 Herndon, VA 20170 PROJECT DESCRIPTION/LOCATION: A 643,971 square foot multi-use center at 35-250 Monterey Avenue in the PCD (Planned Community Development) zone. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. November 2, 1999 PHIL DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 10 INTEROFFICE MEMORANDUM TO: Department of Community Development/Planning Attention: Jeff Winklepleck FROM: Richard J. Folkers, Asst. City Manager/Public Works Director SUBJECT: PRECISE PLAN 99-18; DESERT SPORTS COMPLEX DATE: October 28, 1999 The following should be considered conditions of approval for the above-referenced project: (1) Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and Ordinance No. 653 shall be paid prior to issuance of any permits associated with this project. (2) Any drainage facility construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. The project shall be designed to retain storm waters associated with the increase in developed vs. undeveloped condition for a 100 year storm. (3) Prior to the issuance of any permits associated with this project, applicant shall submit a Traffic Impact Analysis for review and approval by the Director of Public Works. The subject study shall include both on-site circulation as well as off-site project impacts and associated mitigation measures. (4) Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. The costs associated with the installation of a traffic signal ( if required by the project Traffic Impact Analysis) for this project may be used as a credit against the subject signalization fees. Such a credit would be subject to approval by the Palm Desert City Council. (5) The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. (6) A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. (7) As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. (8) All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. (9) In accordance with the Circulation Network of the Palm Desert General Plan, installation of a landscaped median island in Monterey Avenue along the project frontage shall be provided. Applicant may submit cash payment in lieu of actual construction of the median island subject to the approval of the Director of Public Works. (10) Landscape installation on the property frontages shall be drought tolerant in nature and maintenance shall be provided by the property owner. (11) Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Stormwater Management and Discharge Control. (12) Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. (13) In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. (14) Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. (15) As required under Sections 26.32 and 26.40 of the Palm Desert Municipal Code, all existing overhead utilities shall be placed underground per the respective utility district recommendation. (16) Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. Those improvements shall include, but not be limited to the following: * Installation of concrete curb, gutter and ac paving on Monterey Avenue at 55' from centerline. * Installation of acceleration/deceleration lanes for project entry (Monterey Avenue). * Installation of half-street improvements (curb, gutter and ac paving) on the proposed east/west street. The specific roadway geometrics for the main project entry from the proposed east/west roadway shall provide for a future northerly roadway extension. * Installation of a concrete sidewalk in an appropriate size and configuration on the Monterey Avenue and proposed east/west street. * Installation of transit facilities in accordance with Sunline Transit Agency recommendations. In addition to the above noted items, all traffic impact mitigation measures identified in the project Traffic Impact Analysis shall be considered as conditions of approval for this project. The subject report and proposed mitigation measures shall be approved by the Public Works Department. Rights-of-way as may be necessary for the construction of required public improvements shall be provided prior to the start of construction. (17) Traffic safety striping on Monterey Avenue and the proposed east/west street shall be provided to the specifications of the Director of Public Works. A traffic control plan must be submitted to, and approved by, the Director of Public Works prior to the placement of any pavement markings. (18) Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination (NPDES) General Construction Permit for storm water discharges associated with construction. RICHARD J. FOLKERS, P.E. (Pplans\pp9918.cnd) RIVERSIDE COUNTY cAIIfORNI4 ea•-• !k FIRE DEPARTMENT vte .1 pEMP^O'T of als, i L JJ . Ok _,., IN COOPERATION WITH THE '`I I' COUNTY a i.. CALIFORNIA DEPARTMENT OF FORESTRY c Ilk RIVERSIDE r.r.d.; AND FIRE PROTECTION D GLEN J.NEWMAN A F FIRE CHIEF �,. , RIVERSIDE COUNTY FIRE `, 210 WEST SAN JACINTO AVENUE COVE FIRE MARSHAL b PERRIS,CALIFORNIA 92370 70-801 HWY 111 TELEPHONE: (714)657-3183 RANCHO MIRAGE,CA 92270 _ (619) 346-1870 TO: aEFF wit(kt..6pL cK REF: pp c/.1 If circled, underlined or noted, condition applies to project 0 With respect to the conditions of approval regarding the above referenced plan check, the Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC and/or recognized Fire Protection Standards: The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per Uniform Fire Code Sec. 10 . 301C. 0 A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. Provide, or show there exists a water system capable of providing a potential gallon per minute flow of 35 , 3000 for commercial . The actual fire flow available from any one hydrant connected to any given water main shall be 1500 GPM for two hours duration at 20 PSI residual operating pressure. 04 The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2-1/2" x 2-1/2" ) , located not less than 25' nor more than-z'e' , 150' commercial from any portion of the building(s ) as measured along approved vehicular travelways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. 5. A combination of on-site and off-site Super fire hydrants (6"x4"x2- 1/2"x2-1/2" ) will be required, located not less than 25' or more than 200 ' single family, 165' multifamily, and 150 ' commercial from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. Ili (5))4 Provide written certification from the appropriate water company having jurisdiction that s h drant Y ( ) will be installed and will produce the required fire flow, or arrange field inspection by the Fire Department prior to request for final inspection. 7. Prior to the application for a building permit, the developer shall furnish the original and two copies of the water system plan to the County Fire Department for review. No building permit shall be issued until the water system plan has been approved by the County Fire Chief. Upon approval , the original will be returned. One copy will be sent to the responsible inspecting authority. Plans shall conform to fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed by a Registered Civil Engineer and may be signed by the local water company with the following certification: "i certify that the design of the water system .is in accordance with the requirements prescribed by the Riverside County Fire Department." "System has been designed to provide a minimum gallon per minute flow of 1500, 2500, 3000." 8. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separations, or built-in fire protection measures such as a fully fire sprinklered building. 9. Please be advised the proposed project may not be feasible since the existing water mains will not meet the required fire flows. Please check with the water company prior to obtaining an approval from the Planning or Building Department. 10. Comply with Title 24 of the California Code of Regulations, adopted January 1 , 1990, for all occupancies. J1. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, not less than 25' from the building and within 50 ' of an approved hydrant. This applies to all buildings with 3000 square feet or more building area as measured by the building footprint, including overhangs which are sprinklered per NFPA 13. The building area of additional floors is added in for a cumulative total . Exempted are one and two family dwellings. 7 )4. Install a fire alarm (water flow) as required by the Uniform Building Code 3803 for sprinkler system. Install tamper alarms on all supply and control valves for sprinkler systems. 0115. Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs approved by the Fire Marshal . $. Install a fire alarm as required by the Uniform Building Code and/or Uniform Fire Code. Minimum requirement is UL central station monitoring of sprinkler system per NFPA 71 and 72. Alarm plans are required for all UL central station monitored systems, systems where any interior devices are required or used. (U.F.C. 14-103(a) ) . Install portable fire extinguishersper NF PA,g Pamphlet #10, but not less j than 2A10BC in rating. Fire extinguishers must not be over 75' walking distance. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens. • g yg. Install a Hood/Duct automatic fire extinguishing system if operating a commercial kitchen including, but not limited to, deep fryers, grills, charbroilers or other appliances which produce grease laden vapors or smoke. NFPA 96, 17, 17a. 17. Install a dust collecting system as per the Uniform Building Code, Section 910a and Uniform Fire Code Section 76.102 , if conducting an operation that produces airborne particles. A carpenter or woodworking shop is considered one of several industrial processes requiring dust collection. @A. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13' 6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around (55' in industrial developments) . Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 10' diameter. City standards may be more restrictive. 19. The minimum width of interior driveways for multi-family or apartment complexes shall be: a. 24 feet wide when serving less than 100 units, no parallel parking, carports or garages allowed on one side only. b. 28 feet wide when serving between 100 and 300 units; carports or garages allowed on both sides, no parallel parking. c. 32 feet wide when serving over 300 units or when parallel parking is allowed on one side. d. 36 feet wide when parallel parking is allowed on both sides. 20. Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the Fire Department. All controlled access devices that are power operated shall have a Knox Box over-ride system capable of opening the gate when activated by a special key located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices that are not power operated shall also be approved by the Fire Department. Minimum opening width shall be 16' with a minimum vertical clearance of 13'6" . 21. A dead end single access over 500' in length will require a secondary access, sprinklers or other mitigative measure approved by the Fire Marshal. Under no circumstances shall a single dead end access over 1300 feet be accepted. 22. A second access is required. This can be � accomplished by two main access points from main roadway or an emergency gated access into an adjoining development. 23. Contact the Fire Department for a final inspection prior to occupancy. 24. This project may require licensing and/or review by State agencies . Applicant should prepare a letter of intent detailing the proposed usage to facilitate case review. Contact should be made with the Office of the State Fire Marshal (818-960-6441) for an opinion and a classification of occupancy type. This information and a copy of the letter of intent should be submitted to the Fire Department so that proper requirements may be specified during the review process . Typically this applies to educational, day care, institutional , health care, etc. 25. All new residences/dwellings are required to have illuminated residential addresses meeting both City and Fire Department approval . Shake shingle roofs are no longer permitted in the Cities of Indian Wells, Rancho Mirage or Palm Desert. 2 ,6. Commercial buildings shall have illuminated addresses of a size approved by the city. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Fire Marshal's office for submittal requirements. 60 . Conditions subject to change with adoption of new codes , ordinances , laws , or when building permits are not obtained within twelve months . All questions regarding the meaning of these conditions should be referred to the Fire Department, Coves Fire Marshal , at Phone ( 619 ) 346-1870 or the Fire Marshal 's office at 70-801 Highway 111 (Rancho Mirage Fire Station) , Rancho Mirage, CA 92270 . OTHER: Sincerely, MIKE HARRIS Chief by MIKE MC CONNELL - Coves Fire Marshal bbm 4 l ©uft(V' @ [1- .1u JN 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP 99-18 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning i Commission to consider a request by DESERT SPORTS GROUP for approval of a Negative Declaration of Environmental Impact, a precise plan of design for a 166,725 square foot sports facility and a master plan for a 70 acre site in the PCD ( Planned Community Development) zone at 35-250 Monterey Avenue. APNs 653-260-007 and 008 —::: \ P.C.—(3) 8.I - IT ... gitOr `;.Z "�. ilia S.I. JP.C.—(2): P.R.-6 of t - I I P.C.—(2) I_.J SAID public hearing will be held on Tuesday, November 2, 1999, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary October 11, 1999 Palm Desert Planning Commission ittAt PRE-ANNEXATION AGREEMENT • THIS PRE-ANNEXATION AGREEMENT (hereinafter referred to as "Agreement") is made and entered into this (-) ) day of December, 1992, by and between THE CITY OF PALM DESERT, a municipal corporation (hereinafter referred to as "City"); and MC PROPERTIES, a partnership, and MACLEOD-COUCH LAND COMPANY, a partnership (hereinafter collectively referred to as "Property Owner"). 1. RECITALS: This Agreement is predicated upon the following facts: 1. 1 Property Owners. MC PROPERTIES and MACLEOD-COUCH LAND COMPANY are owners of the real property described on EXHIBIT "A" attached hereto and incorporated by reference (hereinafter "Property"), which real property is the subject matter of this Agreement. The Property consists of approximately 72 acres and is presently not within the boundaries of the City. • 1.2 Intent of Parties. The parties desire to enter into this Agreement prior to annexation to provide for zoning, development standards, and guidelines which will be effective upon annexation. 1.3 Zonina. The zoning for the Property shall be commercial/industrial use, as more specifically described in EXHIBIT "D" attached hereto and incorporated herein by this reference. 1.4 Mutual Agreement. The parties have mutually agreed to enter into this Agreement and proceedings have been taken in accordance with the City's rules and regulations. 1.5 City Council Findings. The City Council has found that the Pre-Annexation Agreement is consistent with the City's general plan, as well as all other applicable policies and regulations of the City. g51.6 City Approval. On December 17, 1992, the City Council adopted Ordinance No. CO approving this Agreement with Property Owner. 2. DEFINITIONS: In this Agreement,-unless the context otherwise requires: 2. 1 Proiect: is the development as represented by the Pre-Annexation Zoning (CZ-92-1) approved by the City on May 28, 1992, by Ordinance No. 683. 2.2 Property Owner: means the person, persons or entity having a legal or equitable interest in the real property as described in EXHIBIT "A" and includes Property Owner's successors in interest. • 2.3 Real Property: is the real property described in EXHIBIT "A," and shown on the map --- - attached hereto as EXHIBIT "B" and incorporated herein by this reference. M19677.1/A ANNEX.DLR/IMS/IIIu92 • 2.4 Effective Date: is the date this Agreement is approved by the City Council as set forth in paragraph 1.6 above. 3. EXHIBITS: The following documents are referred to in this Agreement, and attached hereto and are incorporated herein as though set forth in full: • EXHIBIT DESIGNATION DESCRIPTION A Legal Description of Real Property B Map Showing Property Location C Permitted Uses Square Footage Calculations D Zoning Designation 4. GENERAL PROVISIONS: 4. 1 Duration of Agreement. The term of this Agreement shall commence upon the Effective Date and shall expire ten (10) years thereafter, unless extended by written mutual agreement. 4.2 Assignment. The rights and obligations of Property Owner under this Agreement may be transferred or assigned, provided such transfer or assignment is made as .a part of the transfer, assignment, sale or lease of all or a portion of the Property. Any such transfer or assignment shall be subject to the provisions of this Agreement and the control and limitations contained herein. During the term of this Agreement, any such assignee or transferee shall observe and perform all of the duties and obligations of Property Owner contained in this Agreement as such duties and obligations pertain to the portion of the Property so transferred or assigned. Property Owner shall give to the City a notice within thirty (30) days after any such sale, assignment or transfer. 4.3 Amendment or Cancellation of Agreement. This Agreement may be amended from time to time by the mutual consent of the parties_hereto. The term "this Agreement" or "Pre-Annexation Agreement" herein shall include any such amendment properly approved and executed. 4.4 Annexation. City agrees that the zoning described in EXHIBIT "D" shall remain in effect throughout the term of this Agreement unless modified by mutual agreement of the parties hereto. 4.5 Enforcement. Unless amended or cancelled as provided in Subsection 4.3, this Agreement is enforceable by any party to it despite a change in the applicable subdivision or building regulations adopted by City which alter or amend the rules, regulations or policies governing density and design as they exist as of the effective date of this Agreement. mr3677.1/AAw-lEx.oi.Ramsl111092 - 2 • r 4.6 Hold Harmless. Property Owner agrees to and shall hold the City, its officers, agents, employees and representatives harmless from liability for damage or claims or damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of Property Owner or those of its contractors, subcontractors, agents, employees or other persons acting on its behalf which relate to the Project. Property Owner agrees to and shall defend the City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Property Owner's activities in connection with the Project_ This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this paragraph, regardless of whether or not the City prepared, supplied or approved plans or specifications, or both, for the Project. Property Owner further agrees to indemnify, hold harmless, pay all costs and provide a defense for the City in any action by a third party challenging the validity of the Agreement. 4.7 Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to the parties' successors in interest. 4.8 Notices. All notices, demands and correspondence required or provided for under this Agreement shall be in writing and delivered in person or dispatched by certified mail, postage prepaid. Notice required to be given to City shall be addressed as follows: The City of Palm Desert 73510 Fred Waring Drive Palm Desert, California 92260 ATTENTION: City Manager and Assistant City Manager and Director of Community Development Notices required to be given to Property Owner shall be addressed as follows: MacLeod-Couch Land Company 777 South Pacific Coast Highway Suite 204 Solana Beach, California 92075 ATTENTION: Myron T_ MacLeod • M/9477.1/A ANNEX.OLSWMS/111092 3 - • r • With a copy to: SCHLECHT, SHEVLIN & SHOENBERGER, A Law Corporation 801 East Tahquitz Canyon Drive, MO Palm Springs, California 92262 ATTENTION: James M. Schlecht, Esq. A party may change its address by giving notice in writing to the other party. Thereafter. notices, demands and other pertinent correspondence shall be addressed and transmitted to the new address. 5. CONFLICTS OF LAW: • 5. 1 Conflict of City and State or Federal Laws. In the event that state or federal laws or regulations enacted after this Agreement have been entered into or the action or inaction of any other affected governmental jurisdiction prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, the parties shall: 5. 1. 1 Notice and Copies: provide the other party with written notice of such state or federal restriction, and provide a copy of such regulation or policy and a statement of conflict with the provisions of this Agreement; 5. 1.2 Modification Conferences: within thirty (30) days meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. 5.2 Council Hearings. Thereafter, regardless of whether the parties reach an agreement on the effect of such federal or state law or regulation upon this Agreement, the matter shall be scheduled for hearing before the Council. Ten (10) days written notice of such hearing shall be given. The Council, at such hearing, shall determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation. Property Owner, at the hearing, shall have the right to offer oral and written testimony. Any modification or suspension shall be taken by the affirmative vote of not less than a majority of the authorized voting members of the Council. Any suspension or modification may be subject to judicial review in conformance with subsection 8.3 of this Agreement. 5.3 Cooperation in Securin_g Permits. The City shall cooperate with the Property Owner in the securing of any permits which may be required as a result of such modifications or suspensions. Property Owner shall be responsible for the payment of the costs and fees for such permits. • MJ96T7.1/A ANNEX.DLR/1NIS/111092 4 • 6. DEVELOPMENT OF THE PROPERTY: 6. 1 Permitted Uses. For the term of this Agreement, the Property may be developed for commercial and industrial uses as more particularly set forth in the EXHIBIT "C." 6.2 Timing of Development. The parties acknowledge that Property Owner cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which..are not within the control of Property Owner, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Ca1.3d 465 that the failure of the parties therein to provide-for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that Property Owner shall have the right to develop the Property in such order and at such rate and at such times as Property Owner deems appropriate within the exercise of its subjective business judgment. 6.3 Cha jges and Amendments. The parties acknowledge that refinement and further development of the Project will require subsequent development approvals and may demonstrate that changes are appropriate and mutually desirable in the existing development approvals. In the event Property Owner finds that a change in the existing development approvals is necessary or appropriate, Property Owner shall apply for a subsequent development approval to effectuate such change and City shall process and act on such application in accordance with the existing Land Use Regulations. Unless otherwise required by law, a change to the existing development approvals shall be deemed "minor" and not require an amendment to this Agreement provided such change does not: (a) Alter the permitted uses of the Property as a whole; or (b) Increase the density or intensity of use of the Property as a whole; or (c) Increase the maximum height and size of permitted buildings; or (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as-a whole; or (e) Constitute a project requiring a subsequent or supplemental Environmental Impact Report pursuant to Section 21166 of the Public Resources Code; or 6.4 Rules, Regulations, Official Policies. The City rules, regulations, ordinances, laws, general plans, and official policies governing development, density, permitted uses, growth management, environmental consideration, and design criteria for purposes of this Agreement shall be those in force and effect upon the commencement of the term of this Agreement, provided that the City shall not alter the zoning designation set forth.on EXHIBIT "D." M/9677.1/A At*4EY.DLRJIMS/I11092 5 • • 3 6.4. 1 Application of Subsequently Enacted Rules, Regulations, Etc. Except as set forth in Section 4.5, the City may, hereafter, during the term of this Agreement, apply only such newer City enacted or modified rules, regulations, ordinances, laws, general or specific plans, and official policies which are not in conflict with those in effect on the date of this Agreement and application of which would not prevent development in accordance with subsections 6. 1 and 6.2. However, this section shall not preclude the application to the Property of changes in City laws, regulations, plans or policies specifically mandated and required by changes in state or federal laws or regulations. In such an event, the provisions of Section 5 of this Agreement are applicable. 6.4.2 Application of Subsequently Revised Fees and/or Improvement Standards. Application, processing and inspection fees, improvement standards as set forth in the City subdivision regulations and construction standards and specifications that are revised during the term of this Agreement shall apply to the Project pursuant to this Agreement provided that: (a) such fees, standards and specifications apply to all public works within the City, (b) their application to the Property is prospective only as to applications for building and other development permits or approvals of tentative subdivision maps not yet accepted tor processing, and (c) their application would not prevent development in accordance with subsections 6.1 and 6.2. 7. DEVELOPMENT PROGRAM: 7. 1 City. The City hereby agrees that it will accept from Property Owner for processing and review all development applications for development permits or other entitlements for the use of the Property in accordance with this Agreement, provided that said applications are submitted in . accordance with City rules and regulations. The City waives any requirement for minimum site size otherwise provided in the zoning set forth in EXHIBIT "D." 7.2 Duty to Pay Development Fees. Property Owner hereby agrees to pay the requisite development fees at the time such fees are customarily required by the City. 7.3 Cooperation in Installation of Traffic Signals. Traffic lights are proposed to be installed by certain owners at the intersection of Monterey Avenue and the roadway which the Property Owner proposes to use as the principal access into their property. Such access roadway is currently designed to proceed in an east/west direction, to approximately the easterly boundary line of the Property Owner's property and to thereafter proceed northeasterly to intersect Dinah Shore Drive at a right angle. The area where such northeasterly turn in the roadway is proposed is owned by Monterey Palms. The City agrees to cooperate in good faith to obtain the placement of such traffic lights and the installation of a left turn lane or lanes at such intersection with Monterey. If the City requests the installation of the traffic signal prior to the time the Property, or some portion thereof, is developed, the City shall be responsible for the cost to install the traffic lights and left turn lane or lanes, except that Property Ow ner ywn er agrees to participate in an a g p passessment district for such installation if the Ci ty elects to form one. _Otherwise,__the Property Owner shall be responsible for such costs in all other events, including development of the Property. AV9677.1LA_ANNEK.OLR/161SI 111692 6 . • 7.4 S ,bdivision. City agrees property owner may divide the Property into lots and/or parcels not ex -edin!, en (10) in number without the necessity of filing a Specific Plan on the Property. 8. ENFORCED DELAY, DEFAULT. REMEDIES AND TERMINATION: 8. l General Provisions. In the event of default or breach of this Agreement or of any of its terms or conditions, the party alleging such default or breach shall give the breaching party not less than thirty (30) days Notice of Default in writing. The time of notice shall be measured from the date of certified mailing. The Notice of Default shall specify the nature of the alleged default and, where appropriate, the manner and period of time in which said default may be satisfactorily cured. During any period of curing, the party charged shall not be considered in default for the purposes of termination or institution of legal proceedings. If the default is cured, then no default shall exist and the noticing party shall take no further action. 8. 1. l Option to Institute Legal Proceedings or to Terminate. After proper notice and the expiration of said cure period, the noticing party to this Agreement, at its option, may institute legal proceedings pursuant to Subsection 8.5 hereof. 8.1.2 Waiver. Failure or delay in giving Notice of Default pursuant to this section shall not constitute a waiver of any default. Except as otherwise expressly provided in this Agreement, any failure or delay by the other party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 8.2 Enforced Delay, Extension of Time of Performance. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by other governmental entities, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulations, litigation, or similar bases for excused performance. If written notice of such delay is given to City within thirty (30) days of the commencement of such delay, 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. Such an extension shall commence to run from the time of commencement of cause. 8.3 Institution of Legal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein or to enjoin any threatened or attempted violation thereof; to recover damages for any default; or to obtain any remedies consistent with the purposes of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, State of California, or in the Federal District Court in the Central District of California. • Nv9677 I/A ANNEX.DLRJ1 MS/lI109? 7 , TN 8.4 Applicable Laws/Attorneys' Fees. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Should any action be brought in any court of competent jurisdiction, the prevailing party in such action shall be entitled to recover all attorneys' fees, court costs and necessary disbursements in connection with such lit.i-gation. 8.5 Costs of Collection. En the event that it becomes necessary for the prevailing party of any action contemplated in paragraph 8.4 to enforce a judgment rendered against the losing party, the prevailing party shall be entitled to recover from the losing party the costs incurred in enforcing such judgment including, but not limited to attorneys lees. This provision is intended to be severable from the other provisions of this Agreement and is intended to survive any such judgment and is not to be deemed merged into such judgment. 9. ENCUMBRANCES AND RELEASES ON REAL PROPERTY: 9. 1 Discretion to Encumber. The parties hereto agree that this Agreement shall not prevent or limit Property Owner, in any manner, at Property Owner's sole discretion, from encumbering the Property or any portion of any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain modifications and City agrees, upon request, from time to time, to meet with Property Owner and/or representatives of such lenders to negotiate in good faith any such request for modification. City further agrees that it will not unreasonably withhold its consent to any such requested modification. Any mortgagees or trust deed beneficiaries of the Property shall be entitled to the following rights and privileges. 9.2 Entitlement :o Written Notice of Default. The mortgagee of a mortgage or beneficiary of a deed of trust, and their successors and assigns, or any mortgage or deed of trust encumbering the Property, or any part thereof, which mortgagee, beneficiary, successor or assign has requested in writing to the City, shall be entitled to receive written notification from the City of any default by Property Owner in the performance of Property Owner's obligations under this Agreement which is not cured within thirty (30) days. 9.3 Property Subject to Pro Rata Claims. Any mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the property, or part thereof, subject to any pro rata claims for payments or charges against the Property, or part thereof, secured by such mortgage which accrue prior to the time such mortgagee comes into possession of the property, or part thereof. 9.4 Releases. City hereby covenants and agrees that upon payment of all fees required under this Agreement with respect to the Property, or any portion thereof, City shall execute and deliver to County Recorder appropriate release or releases of further obligations in form and substance acceptable to the County Recorder or as may otherwise be necessary to effect such release. • Ml9677.1/A ANNEY.DLRilmsii 11U9? 8 • 074. 10. MISCELLANEOUS PROVISIONS: 10. 1 Rules of Construcriun. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, and "may" is permissive. If there is more than one signer of this Agreement, their obligations are joint and several. The time limits set forth in this Agreement may be extended by mutual consent of the parties in accordance with the procedures for adoption of an agreement. 10.2 Severability. The parties hereto agree that the provisions are severable. If any provision of this Agreement is held invalid, the remainder of this Agreement shall be effective and shall remain in full force and effect unless amended or modified by mutual consent of the parties. 10.3 Entire Agreement. Waivers and Amendments. This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiation or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the City or of Property Owner. All amendments hereto must be in writing signed by the appropriate authorities of the City and Property Owner. Upon the completion of performance of this Agreement or its earlier revocation and termination, a statement evidencing said completion or revocation shall be signed by the appropriate agents of Property Owner and the City. 10.4 Project is a Private Undertaking. It is specifically understood and agreed to by and between the parties hereto that: (a) the subject development is a private development; (b) the City has no interest or responsibilities for or duty to third parties concerning any improvements until such time and only until such time that the City accepts the same pursuant to the provisions of this Agreement or in connection with the various subdivision map approvals; (c) Property Owner shall have full power over and exclusive control of the Property subject only to the limitations and obligations of Property Owner under this Agreement; and (d) the contractual relationship between the City and Property Owner is such that Property Owner is an independent contractor and not an agent of the City. 10.5 Incorporation of Recitals. The recitals are specifically incorporated into this Agreement. IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written, as authorized by ) • No. 695 of the City Council. 0rdinand "CITY" • THE CITY OF PALM DESERT, a municipal ration • BY y ift\ • \( , City Manager M/9677 ItA ANNE`C.DLR1JMSl111U92 9 r� r I HEREBY AI'I'ROVli the l ►rn► and legality or the foregoing Agreement this day of December, 1992. I)AVII1 J. EIZNO N., City Attorney "PROPERTY O1VNElt" MC PROPERTIES, a partnership An rew J . MacLeod BY /aC:t-ce. • �) r;. ca. Gladys 't;JMacLega M r�y p 1:. MacLeoa . • Jo-fin Jeffrey Couch f ,•, /, MACLEOD COUCH LAND COMPANY, a partnership Andrew J . MacLeod BY c.: tCc,/'L • 7,,)la� ` L, Gladys `D. MacLeo-I Myron 'I . MacLeo , • BY .<. ; S. ! ..`i 'Ci( . Jonn Jerf cey Coucn • ' / // • • 10 • . t r EXHIBIT "D" ZONING PLANNED COMMUNITY DEVELOPMENT CHAPTER 25-23 PALM DESERT MUNICIPAL CODE INCLUDING USES ALLOWED IN THE FOLLOWING ZONES: PC1, PC2, PC3, PC4, O-P AND SI (SERVICE INDUSTRIAL DISTRICT) EXHIBIT "D" M/9677.1/w ANNEY.DLR/1MS/111092 �Gr L� 7o LYJ-moo rrt cutacI irr.0 �.r1P 1I ILLI Iu� U7 oo,c Iu •,Iu�o�r�ooc r.uc• +- FROM NI ck l & Sieve PHONE NO. : 909 593 90a Sep. 23 1999 09:17grt P2 OLD REPUBLIC TITLE It ..4-3G1-S187 Sep 10 12 :21 Nc .008 P.01 • II III- • • ( OLD REPUBLIC TITLE COMPANY III• . 3400 CENTRAL avcrnuF,sunE too • a,ven9i0E r:• • • - 92506 • (90Bt 7•e7-4oso • F,.,c MOT)416na PRELIMINARY REPORT hnrrxi for the colt-uc♦ 01: Our Order No. 11)43s-1 Reference MCC1oud 27r1t"tEBMAN PrNANCIAL Wha,I RE-plyingv1 ,s,. Cor aI net: Paul Events, Title of:leer At:antion: Jerry v'oPctry Address In response In the above referenced application for a policy of title insurance, 01.0 REPURIIC Tilt F COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date herenf, a Policy or Policies of Title tnsuranc:e describing the land and the estate or interest therein hereinafter set forth insuring against loss which may he sustained by reason of any defect, lien nr enrumbrancc: not shown (Jr referred to as an Exception below or not excluded from coverage pursuant In die rinted Sch c I Conditions and Stipulations of said policy fonds. p e Iles, The printed Exceptions and Exclusions from the coverage of said Policy or Policies are se! forth in t rchibtt A and Lxhibit A attached. Cooiec of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list ail liens, defects, and encumbrances affecting title to the land. Phis report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed heroby. II it is desire d that liability lur assumed prior to the issuance of a policy of title insurance, a Binder or Commitment cllould he requestpd, hared as of Auquac 19th 108 at 7:.10 A.M. OlO REPWLIC TITLE COMPANY • • • For Exception shmvn or Ruferred Iv,See Attached Pure 1 nr 9 Pages OPT 3157-A (Rev. 1/1/9S) SEP 23 '98 11=00 orO cb7 o„o„ MM - 7tr e..) '7G etJ=-N7 rm Lut R7 t 1 ILL! I rJ.1 ,k17 00 t e 1 u h kUM = N I ck t R. Steve PHONE NO. : 909 593 fees OLD REPUBLIC TITLE Sep. 23 1998 28:1BAn P3 .4y-341-5187 Sep 10 12 :21 No .008 P .02 t OLD REPUBLIC TIT1.Y. COMPANY OROFit NO. 113435-1 I NT turn, of por..y of tIrI'insurance cunrrmphtrd by this repot[is' an ALTA Luan Policy - 1770 (Rev. 1592) with ALTA Endorsement Form 1 Coverage, 0R, an ALTA LOAM Policy - 1992 with ALTA Endorsement Form 1 Coverage. A specitic request should be made if another to or additional coverage Is desired. the mate lit Inl4resr in the Land hereinafter Ar c,IL c i ni referred lu reseed by this I(epott is: a PEE. Tttlr t .ca,J et %fr.of Inv-crest at the date;hereuf is vrettd in: MACLEOD-COUCH t.AND COMPANY, a general partnership. as to Parcel 1 and NC PROPERTIES, a partnership, as to Parcel 2 __ -- - - Paso 2 of 9 P;assas OAT3157.A.1 (Rev 1-1-95) cMP 71 .oa t t r ora .7Lr GJ 70 GU•J I rm LULJ(\1 1 immu LrW 1 !LL, 1 UJ 1 V J V V I L I V ♦1 v,xJ-�•/IJ��L J 1 •y-,. a 1 FROM : Nick i & Steve PHONE NO. : 909 593 ee fr- Sew. 23 1998 02:18QM P4 OLD REPUBLIC TITLE .-L 341-5187 Sep 1U 12 :22 No .006 P .03 OLI)REPUBLIC TITLE COMPANY ORDER NO. 113435-1 The I4nd rrfr•.rrrd to in this Report is tuated in the Cnunty( Riverside. City of Palm Desert Starr pf(:�Id�rni.. anri Is dcscriwr•d as follows: Parcel 1: The Nltrtherly 455_00 feet of the Southwest quarter of Section 29, Tawnenip 4 South, Range 6 East, San Bernardino Base and Meridian. in the City of Palm Desert, County ot Riverside, State ot California, as shown by United States Government Survey approved rebruary 29, 1856; Excepting therefrom 50 per cent of ell oil, gas, and other hydrocarbon substances and all other minerals underlying lead land as reserved in Deed from Chester W. !-roude and Gladys R. Froude, husband and wife, to Blanche Stephen, an unmarried woman; Also excepting therefrom the Westerly 55.00 feet thereof (measured at right angles) conveyed to the County of Riverside by document recorded July 25, 1985 as Instrument No. 163780 or Official Recotda of Aiveroide County. California. Parcel 2: The Southwest quarter of Section 29, Township 4 South. Range 6 East, San Bernardino Base and Meridian. in the City of Palm Desert, County of Riverside. State of California. as shown by United States Government Survey. Excepting therefrom tna South 1670.00 feet and the North 455.00 feet thereof_ • P.lge 3 „i 9 rages ORT 3157-C cco -,, .oo .. .... �Cr c, 7p GCJ-J. rrt �.uur Irnu Lr1n„� ILLS BUJ �u7 00 Iu • �u.+o.,uooc2 r.w• �" FROM Nick S. Stc'se PHONE NO. : 909 593 90! Scp. 23 1998 03:190m P5 OLD REPUBLIC TITLE TEL 3-341-5187 Sep 10 'So 12 :22 No .008 P .O0 OLD REPUBLIC TITLF, COMPANY ORDER NO. 113436-1 At th,. datr hwruf exrrpuons to ruvetAg ,r addalon la the Ckcrpcions and Erdusons in said policy TJ of would br a> (olln's: t . 'Faxes and assecsments, general and special, for the fiscal year 1996 - 1999 a 1len, but nor yeL due or payable. Code No. : 018-227 Z. Taxes and assessments, general and special. fur Lhe fiscal year 1997 - 1998 as follov9: Asse3eoc'3 Parcel No. : 6S3.-260-007-3 Code No. : 018-227 1st Installment : 5 7,360.01 Marked Paid 2nd Installment : S 7,360.01 Marked Paid Land : 5 .1,089,459.00 Imp. Value : $ 0.00 P.P. Value : 5 0.00 Exemption : S 0.00 Said matters affect Parcel 1. 3. Taxes and assessments, general and special, for the fiscal year 1997 - 1998 as rcllovs: Assessor's Parcel No. : 653-260-008-4 Code No. : 01'9-227 1st Tnsstallment : 5 4,221.16 Narked Paid 2nd Installment : $ 4,221.16 Harked Paid Land S 90,257.00 Iap. Value : 5 0.00 P.P. VaLuc : S 0.00 Exemption : 5 0.00 Said natters affect Parcel 2. - 4. The lien of supplemental taxes, if any. assessed pursuant to the provisions of Section 75, eL seq. , of the Revenue and Taxation Code of the Slate or California. Page 4 of 9 Pam OFT-3157.0 SFP 71 .ca ,, :p, cr" eJ •7tJ Cb:}'( h K LIJUK I f HKU LMHN 1 I LL S (a)..) r'U7 tb(4 IU 1 (t7SC.Si�bbG7 r.up/1�1 r'ti'� NicHi 2L btcwc - PHONE NO. : 909 593 8er Sep. 23 1998 08:20AM PG OLD REPUBLIC TITLE 341-5187 Sep lu : L2 :22 No .0OP P .05 01.1) REPUBLIC TITLt: COMPANY ORDER NO. 11]435-1 S. Assessment. included with taxes, ae follows: For : Streets (Monterey Avenue) Assessment No. : 0020 Series No. : 1S0R Molt: If a bond/assessment report is requested, we will incur a $35.00 charge levied by the assessment district. This coat will be included in our charges to you in connection with this title order. Said matter affects Parcel 1. 6. ASFecsment included with tames, as rollovst For : Streets (Monterey Avenue) Pcaesament So. : 0021 Series No. : 150k Mote: IC a bond/assessment report is requested, we will incur a 535.00 charge levied by the assessment district. This cost will be included in our charges to you in connection with this title order. Said matter affects Parcel 2. 7. Any unpaid and/or dellpquent bond or assessment or special tax ("mello woos") amounts which may have been removed from the rolls of the County Tax Assessor and which may have been removed from tax bills and tax default redemption aooun,..s. HOTLY: An examination of these matters is being made at this time. Upon completion we will supplement our report, commitment, hinder or policy aecoroingly. 3. Rights of the public, County and/or City, in and to that portion of said land Lying within the lines of Monterey Avenue_ 9. The right to use all water naturally rising upon or flowing across said Sand which may be needed for the operation and tepsir of Southern Pacific Railroad Company's Railroad and the right to conduct. the Game as well as water rising upon other land across the land herein described in pipes or aqueducts tnr the purpose aforesaid, together with all necessary rights of way therefor, as reserved in the deed from Southern Patine Land Company to Sydney H. Brown recorded September 28. 192o In nook 652, Page 138 of Deeds. • Page S of a saxgem OFRT3157•E SEP 23 '98 11=02 moo eo: coop oo. MG ucr c_ 70 rm Lori l,yrV ItJ7 OO,G IU 1 fYJ.�O_tC oo07 FRO1 : N i ck t & Ste..e . PI-ONE NO. : 909 593 ee' Sep. 23 1998 09:20AM P7 OLD REPUBLIC TITLE .c Sep 10 ' 12:23 No .008 P .06 OLD REPUBLIC TITLE COMPANY ORpfz NO. 113435-1 10. An eaaoment over the Past 30 feet and the west 30 feet for roadway, transmission and distribution of electricity, gat, water, sever and similar uses an set out in Partition Judgment recorded November 13, 1957 in book 2180, Page 490 of Official Records_ 11. An easement affecting that portion of said land and for the purposed stated herein and incidental purpose; as provided in the following instrument: Granted to : Southern California Edison Company Tor public utilities Recorded September 11th, 1972 in Otficiel Records, as instrument Numbor 120629 Affects . The East 30 feet or the West 55 feet of the Southwest quarter. of Section 29, Township 4 South, Rang.• 6 East. San Bernardino Base and Meridian. Excepting therefrom that portion lying within the South 1,470 feet and the North 455 feet of said Southwest quarter of Section 29. 12. Deed of trust to secure an indebcedne.a of the amount stated below and any other amounts payable under the terma thereof. Amount _ S875,930.00 Trustot/8orrowec _ Macleod-couch Land Company, a general partnership Trustee : The Escrow Connection. a California corporation Beneficiary/Lender : Thomas A. Taylor. a married man as his sole and separate property as to an undivided 1/2 interest and Richard H. Taylor, a married .man as his sole and separate property as to an undivided 1/2 interest Dated March 25th, 1988 Recorded April 8th. 1988 in Official Records as instrument Number 93769 Said matters affect Parcel 1. Modification/amendment of the terms of_9aid Deed of Trust by an instrument Entitled : Acknowledgment and Content Executed by : Charles W. Lentz, Jr. Dated January 13th. 1994 Recorded February 18th. 1994 in Official Records, as instrument Number C72039 • Page: C of '9 YaBr_, OfiT 3i 57-E SEP 23 11 03 orrc CO-1. -c .r. GJ 70 GU•JO r K LUUK I 1 MKU 1,r1MIY 1 !LL 1 f UJ 1 U7 00 1 e I U 1 f tJ.�d JCJOOG7 r•io' t`4 FROM : N 1 ck t L 5 te'.e PHONE NO. : 909 593 spry- Sep. 23 1998 08:21A, Pe OLD REPUBLIC TITLE - .J-341-5187 Sep 1t,1 12 :23 No .008 P .0? r OLD KILYUB1.1C TITLE COMPANY ORDER NO. 113435-1 13. Terms and pcovicions as contained in an instrument Entitled Pre-Mnexstion Agreement Executed by: The City of Palm Desert, $ municipal corporation and MC Properties, a partnership, and Macleod-Couch Land Company, s partnership Dated December 22nd, 1992 Recorded April 2nd, 1993 in Official Records as Instrument Number 124567 Note: Reference is made to said instrument for further particulars. 14. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount z $200,000.00 Trustor/Dorrover MacLeod-Couch Land Company, a General Partnership Trustee Ticor Title Insurance Company of California. a California corporation aeneticiary/Lender : Charles W. Lentz. Jr., an individual Dated : May 21st, 1993 Recorded : June 15th. 1993 in Official Records as instrument Number 226917 The note secured by the Deed of Trust shown above contains, among others, provisions which allow periodic adjustments in the payments and allows that the amounts cocuced thereby increase. Said matters effect Parcel 1. 15. Terms and provisions as contained in an instrument Entitled Pre-Anncxattan Settlement Agreement Executed by: The City of Palm Desert, a municipal corporation and The Price Company, a California corporation Dated December 17th, 1992 Recorded August 19th, 1993 in Official Records as Instrument Number 325357 Note: Reference is made to said instrument tot Curtner particulars. 16. ROTE: No statement of partnership for MacLeod-Couch Land Company and NC Properties appease of record. 17. The requirement that a copy of the partnership agreement for MacLeod-Couch Land Company and MC Properties and any amendments thereto, together with a current list of all partners, be furnished to us for review. The Company reserves the right to make additional exceptions and/oc requirements upon examination of the foregoing. Page 7 of 9_Pagcs �1 COT 3157-E ..)Lr G) 70 cu•.)0 r r. LUUM I I MMU Lr1P 1 I 1 LL I u-J I u7 0o r e 1 U 1 (rJ)t7>C1C)O47 r.U 7" 1-I FROM : Ntcki S Ste a PI-ONE NO. : 909 593 80F r Sep. 23 1998 08:21A.1 P9 OLD REPUBLIC TITLE .c 4-341-5187 Sep 1t 12 :2d No .008 P .08 OLD REPUHLIG T1TLF.COMPANY ORDER NO. 113433-1 ie. The requirement that this Company be provided with an oppoc unity to inspect the land (the Company reserves the right to make additional exceptions and/or requirements upon completion of its inepection) . 19. Rights and claims ut parties in possession. 20. Any unrecorded and subsisting leases. 21. The effect of inetrumencs. proceedings. liens. decrees or other matters which do not specifically describe said land but which, 1f any do exist, may affect the title or Impose liens or encumbcatoes thereon. The name search necessary to ascertain the existence of sucb matters has not been completed and. In order to do so, we require a signed Statement of Identity from or on behalf of all parties. g 9 • _ _ Pars a of • s Pages OHT 3157-E SEP 23 '98 11:ea 909 593 8097 PRGE.09 70 r rt Lt-K.x� rYt✓ Lr,nl LL UJ •tJ7 00 i c I U l 1 V,0JC100c 7 r. 1 W l FRum : Necks S Steve PHONE NO. : 909 593 80F Sep. 23 1999 08:22An pie OLD REPUBLIC TITLE ,E J9-341-5187 Sep Iv __ 12:24 No .008 P.09 OLD REPUBLIC TITLE COMPANY ORDER NO. 113435-1 ••• POTTC£ (Wiring Funds) if you anticipate having tunde wised to Old Republic Title Company, our wiring information is ac follows: QPIOW BANK, 3990 LEMON STRCCT, R2vtASTDE, CA 92501 ttOUT:sC NUISfA 122 000 496 credit to the account of: Old Republic Title Company Acct 1597 013 4079. When instructing the financial institution to wire funds, iC in very important that you refercnce Old republic Title's order number 11343S-1. Should you have any questions in this regard, please contact your title officer Immediately. SC / Full Rate Applies • • Pace 9 nt 9 Nes ORT 3157-E SEP 23 '98 11:04 909 593 6097 PPGE.1E Gti• jO r r • LJUrt 1I-rU IQ, 00 C. I LI L I P..J j00G7 r. L1• Lr FROM : N t ck i 8 Stes.e PHONE NO. : 909 593 905• Sep. 23 1999 09:22Art G11 OLD REPUBLIC TITLE • -341-5187 Sep 1t, 9 12:24 No .008 P . 10 fxHIBIT A CALIFORNIA I ANO 1111.E ASSOC1ATI(IN PIUMCOWNCR'S POLICY OF f ITI F INSIIRANLE-I91d PxCLUSI(ONS In•sddnwr Is..., I ar.•t,..u....,Sehedulr II.Yu I Arc a.A In,nrcd Ir6•:nM Ines.COt,a. auwsvya'(w., sn•1 eapv.swa ret uh:n((Ln.w: . Crc rninmwn..I p..fr.-purer an.I d,e.•,!,.cw(r rr vi..ta r/nn ton r.t any 1a+•C1 eta. tCnl Hl1u u lJt. n. ILan,nCludei Md�nan,a+.laws and,c.1Jp .n ,w.••r, rt,•,.,r.: bvlldlnc L 7nn.nt; C land Itte I. •n•rrr..esecntt AA th.IAA()C. land divltlnn f. ..-n n ma-nisi pua.aitr,n l h,s I nlua4.w Jnat um apply rn vt.Ja(,nre et•due or M,cem•r.n1 Jscre nan.n d mt.ec ul die vtdalien ne t-nlvrsamrnl .(apa.sn .n(I,.)'1.111•e kcenntu.t Ihr N^6t7 Ilatc_ 1 Lan I ueitiu..n dra•.w..t Lnstt Nv ay.uf u described.1,CCNre,Cd Qitll in, :, 16. I T(If 14 7. The(Aiwa 1,1 y.,.r..Ynuna izuctur.:i.nr any ion n(JhY..,M be cua.mue,a:d•.,oernedan.e -id.rprl:eshle LwW.n(c..d.n. I hit 1 etlulinn dn.:".•t apply I..r,tdlu.tm el builllnE code;f n.tic.A the snulsti.•w.srpu3,s.n the I'uhhr Irccnnl.at the Pulley Date. I het Off sn take tl..•I and lay p„wl.m.u,R�•u•,!t�r' 3. a nnlice Id s arrcdlnp the not 4ppere n Js,pubic Returns ac the rollwy I lau:;•r. I.. tl.t•Lking haynC,ed LCluru An rarity I)•stc and n 1.ind/ng on yru II Y.au bnsrtt the Ian,'s..Ithuvl Knrs..ng of ree taWsy; Rath: a th.e.are cteworh.allu�od.nr rn by 1'..u.w1tgUse.as r.nttltay appear in d.e P•.blk Rre..nit: b Jut see Kne.wn U,t'•t..at the I'i4ey O.(e,hilt nut tO(x•undett they appear in d1.;ruLl(e s:ce nth oldie rulhy C. An,ututl.n no 1.0.1n no: A Jul feu nctlu 2(tt1 the)illy Aale•lhd duet not llm.t the a vcvs1.Jetev'.td in Ctwered Risk 7.lid.12.21. )w,v. LC 5. I adore It,pay value far Ynur f his. L. Luck n(a ly;r•c v.airy I.uv(nvt..J.•the via*spariitcally tit tr..hcd and referred to.n p-era.srsols J d>el.udlikt A;and L. I..meets. Alvin..nr ritittintiar that I0.«rh the Land. I his I uivunn dn."uM limit thy rrreeRte dew/Jibed in Cm•.xd Rttk I 1 .0 In. CALIFO1tNLA LAND TI I Lk ASSOCIATION STANDARD COKRAGE POI IC`!-1990 the full.e..inz maltt:r,are eaptt.tly e.(turel Intro the emptier r11 thh pnl.cy and the(:nmp.any Will ant pay lots rw d.)mace.rnsu.atto..•nyr•Lc,.•e.,epcntn.-1•w+•.I.w. Iry.C2.0e VI: 1. 1.31 Any I•+,.aid %3ACC A 1 I IVIlanral ICi7YlaO0n ct••Ctt.dat(b1a Ant ILn Ltd en bu.ld:wg n,in,siwG IJ..t n,diwy.lem M reFu4Gnns rRt.1C1..,'regt,lal.,tt,lt.rd,deroc n.rclaunF It,(II).he nrtvp.vscy,vae, or eminymant M the(and:lid the:characirt, dswa.•eslom nt Ilaesdan nth Way isnprnvealent n•IW m hetvaht s rid or,rhe I.,nd;nb•tepae,ttv,n vi tr.•wCrcls.0 u(a rf.ank•C:n Al!dt A,.u,tt nl nr a..0 04 tree land ur 3ny pared c'I Whitt the 13nel a.w mat a 113MI IN tiy(.n.•irrn.n,crtttl petdaetnn. n. die diem..l any v(,dmGan of thin!awl. ,,dinanec,,ur touerntnentel r.svlaai..m, a min u.tha eine+•t that a orrice tit entnrnerrie st theient cc a nrwitt of s(uteri.I:.n nr encumornncr retuhin,(rem•etolboon or alkied tr:niatw,n aliening the lend has been,trn.esed m aid p.rblk tecusds s I late u(1'uriry trial Any gWttn,mCalal dulcetpn}o ter p.*.t'+nod c7Clud.�d by 1,0 army,Clln••p4 ut 11,0 some'that a n0lier l of tilts AYeraite tt.m•.,11 nr a nrtricv nl aulcet li.,,r•r 1!nC,401130nrC rnruk:nS I,•,.n+...lati„n,.e allrsed%%Artier.antcu'S the land ha,Leon resn,dcrl In the puWie teartJs at Date n(1'ohry. g.shla u(ontua.nl JsueWA unle,t nonce,J the ararrite there/4 ha,heen recorded in the pvb1h .t••cv,dt at uatc u1 PuUry.but 1.04 eadudin;I..,...rwvw..,s,• wAdth has IICI.L.IIvtt new to()me nl1•ulity-.hlrnr,vld be h:wd••g Jr,the r.pht.VI a purdascr fr.rvalue•.ithuut tivviedtc 1. ;ae(:.I, I...+. r•.•cw-L.auect.adva,v.•lawret el uthef molten cy ..neither nr n•7t,centekd in the plrblic t ru.d•at I late tot relIcy.but[coated,tu(lersd,assumed a apeed en by this.,t►urco Um nt.•.w: lb) net knew..to Use rilmrtitihr.nth recntded in tit►public rurrfee at I sate d ncd:.y, 'out knawn h the imbed clamant and not d:sel.as..l in..nail j L,the t malady by the w,t.aod claimant(niwu to the d.te the:,sued claimant ant bucnme an Insulin(under this policy, tQ rasuiti.ss.n/w.hers ne dams.•in the inw.—d dal,want: (.n 'Lac IM•c nt creaad..t..epuent Iu Liles Al ruliey: (s•! ns rcwknt in lees IA ILIMafill whiffs,•.weld MA have been ttnuipmd i1 the insulin claimant had paid Yalu:tot the Iniu,t11 n,n.ttaog.:v.In the estate II a.••rtr insured by Ili.,}Agcy. I Incnlor rahllry s11'he Ilen ra the Inau.ed ww,tretie hi:muss•ut the .nalaLty w fa4nn-.a Use insured.t Own GI r. cy. w the•tubday w (s.Iurr.1 any tu+uettutret ....e.ns the InJcbiednetu.to c.w.pfy wills ids.at 1111cattk doing butlneu Lawn u(the stilt.in whid%OM:land is si(u.red. ,n.altday•.,a nrnleresvlaifity M t1•e stew al tM.asas,yd.nnrtt3Ce,w.lawn thtnrenl.whw,h antes uul v!1hr u.uumsUon.vldane.d try ih..:n...red...•nI•,hr and..L..-•1 upon•nuey.M afel••...r,,.ener aril.*IW'CCttan w lion.In tend,.*(I:n.r. 1. Any.J.u.v,+huh.e:•.r n.A.1 tM lea,uarteon a,t.ng in the,ntua.d du. C,tate tat Integcst miu,vd by thlt palsy at the Iranractiut,etr.atns the.ra.ar u Ludes.Ity Iea.re.rrl ttw AperMiow u,IC•1rr..1 ban•trvplcy.state m,u(vnney a tirnilat crwi'u,r,' 1"•Jdr•n•,ua th.I...Iu..nc•_rm.a.w ner•ntsnud.11(awnr Vitt.Calla.attuenryu foes,and arsr:rac.ttmultin hat.: I. T.aet a,.wtyewt,A.*Nett sea nut th0,.w a tintwt(IMna (y the reciter!'n(any u.e.nl;autttanty that leek"lace.w .u..+.wwMs.......tl tsr•.pcny uI by,hr YRtRttlinp Ivy a public aaewry...Welt may,tf,e In Lieu v ••m a,ntenat,uI atArC.t n(such prt.•cen+fng,wdtt-the(nr sue 01u..n lay rhr't:cr••dr GA writ aprncy to Ly the pub(.e 2. Any fa.ta,rly}tq imarc.t$nr elaltw/was cl.are ant Arm.by the public redeem but...Iraq•could Nc accurtalw...l by an.nspvet;un•d th.laud.w..Ivan may bu aattltcd by yena+,in rnuesusn dwre.•(. - I ketemei r1,11t+•v r.enCUII.branen,nr eWms thereof..dtle%are not.he>rst ity thm pl.lsC.c•tend.. _ 1. I lltc.cp.sst e4,era&icu ie hnundary 6wc...Mrt.tec to area,enrrsutivpere t.Or any,this.tarn W,Irh a amen.uavey reu.ld discl.nc.and.vh.eit arc"id(tlsund lay rho - ptblt rrwdt ORT 3157-F (Rev 6.22-9e) (Continued an next por1 SEP 23 '98 11:05 909 593 8091 PAGE.11 -,u e� �e Gea•a7 r r• t-Ul1K 1 (HKL Lrtt4`1 I ILL• 'r'� '�� oat r G I U 1 (i��tl.$14bbG7 r.ICJ 14 FROr1 : N t ek 1 & Steve • pl•ONE NO. : 909 593 SOF / Sep. 23 1998 08:2.3Ar1 P1Z OLD REPUBLIC TITLE .c ,3-3d1-5187 Sep 1t, 12 :25 No .008 P .11 EXHIBIT A(Continued) 5.111 U.'pven.a:sl r.;.r'lar.n,;teal sc,c••itions nr exceptions in Estero nr In Aot auch.wams the.uuanct.thnenl;lel watr,shta.rlalnt nr utk In.rater ..leather M na.tAc m,ltvrt necuted under(►l.(i.)nr IU art live-m by I)u p'rblic reradt. AMERICAN LAND Tni. ASSOC1A(ION OWNER'S PO(ICY-1992 Sn tttrutE or EXCLUSIONS FROM covfRA(.r la) Any la.—. •.•,Ihaanre..r fr.vesrv..a•..t,•n,talauun tincl.td.nt Ivy(nra G.,.Wad to breading anal an'si••s lance,ordltuntce.u•..:gotaonnsl r..u:ren .rt•tulrs•Ab pahtb•sn,r. la rdadn,Lu tD At.or cvpanry,use, w cnp,yrnay,l VI the land;U•(the d.aras:tci,sJi.nensfuns w lontlnn ul any tn.pruscintnt rwt..,n Ire,tski ntCh d tat II,.,Nand:GA a separation M v--nr:..h1p nr•chimp'::m thedirwnna,nn,w 3In.%"'Wm:17wA no any pt rta es/s.h.th Use land,t w usfU a pan. v.(i-I envtronnwnl.J prrna•Cown .••tb.:aifa•t:, rJ.0 rS'ntAtum ul IIs.x la,.n. tafrilnanCLa tar •mrtnrnernW vep lat.um, eanept us and tRtenl OIL o mance ul that enieuetlncnt therm,us antaier nl a J.la'n,I.:..,u .s.a.vrnloarn c rcaul(inr I.nm a..u(ad.rds m alk`kJ virtt snA allecrint the Nand I:ta Imo ie 't ded in thcp«Idic rtKutdi a.I Lite id i'v1ia�. (1.1 Any�a.an,wcnul put rr pe..a t nut c.clud.J try(•i afaa.e,.nerpt(..the..anent tket a',ices ul(he ceerelac thereor us a ivlun esla Jctcst,Ilcn If cntn•,•1,,.tnc.• resullw.g from a vw•Iatlnn nt a(I. evl v4Jat.,rn aAetane the laud has been reen.ded in Una(wtblic iceatdt aa)ate ul PnDry. Krim ul,csvnery rinma.n vales&Alnico al the C.C1Chtt thermal nal been reeutdcd In the public re.cordl 31 Date nl 1'nIky.inn nenredv,Gnc bon c^•u.ae.•Any tati.q• -r•tK 1,I.v.nrra.auJ p.,.r m 1 Jala•t•l PsUsry.rhsti wn.tld to.iodine rwt the mina.al a yurcleawr t,naltse without►as(w.a,•dit. I I teas-on.liens,:nrurnhranca.,vd..••su rl..Ts.M udhv.,nMr„ld created. or4lerasL aaetwnad,.(anted to try the',nutted claimant(b.5u4 kn.'.-n v.the(..anpauy and nK the,.....by the public r.cn,di IA..Itnswn us the Insured claimant dawn at Vice nl 1•uaisy or at the slate such eta.m4se arr(una(an rv.,te.+;nseuu.ntureti by slot ;Mk". and nes s4srla.ad in...King try lite.nsu e,J;�,d,ainan to the Company!aka'!aka'In the deiv Such imoweddalnaant bat.rnn an imuaed hnrwade., Id naviltnK Inns n,damsyy�lu tlh,:ns,sgJ ctaittks-t;Id)aKar't-"l s.,cvaaling rubes 1un-nl In I bite,.l Isnfiey. w 11.1 remitting on bat or da•wa fc.cleat,—,suhi„ev haw been weaned it the',.silted cla,(n.rst M.I paid.rJUC(nt sane ea.itr nr,nterra attuned by Ude}•niiey. A. Any(lurm.../t,eh a,.►et nut d the IranurUun v.atlnr In the..7ra,d the estate nr ion.-rest:ns..ted by Unit policy,by ay...n nt are upc.•••nn,,I Iv Jk..A ltawh.uywv, .rain intAbenty. w.'soda►ercdii.'s riche;law.. AMtKICAN I ANL) !MI ASSOCIATION LOAN POLICY•1770(1lev. 17)2l WITH A-LT.A.ENOORSEMEN1 FORM I COvERICE scHEDU1f OF E(CIUSIUN5 FROM COVERAGE the(altuaving vnaaa-s.sir.:nprcaafy a.adt.Acd front the actvtrase u1 rhos polish.: t. Any lave,wd...nut nr geracenerseneal rervlatiUn 11n.1v41nt WI not I:Awted lu Maack%ant)toning adInv.wsltl 160K1.161;v.simulating us/unrol...rig the nrtupanty view rryny(nent u( land, its tegtdo(ing the denser, dinawniont nr breatiuft l,t any l.nptavensent nu..w hereaher greeted net lice l..nd, its pn.hilivInts a aepataann in n-vr.arsAiy nt a reduction In she dIntenaians sr area of the land,of Ns:dame of any violu.nn at any suds Law urdlnoncc nr bvvannmrm.al iep lrlion. 7. Itir}aa nl ens,na•sd rlo.na,n it govern..a:nut,:)uts eta pniicu porn,union,,wat.ee ni Use caa•(cite of such.itlsb sppcart In the p thiie tceuedt or I late,J r•disy hnvt, c-cvanbranaat, serves.! casino, sn other mum',. L.I ceased. colleted, asuawed tan ariccd to by(he ;ult.ed•.I,int..ns: Ibl not knew. us Inv Cncwf.any and ,s91 shn-.A lay the public,ecwdi b.a`*ntr.vtt CO dse',users-d e(ainuM Luther at UJIt nt Policy or a the date sunk clautwnt atettsinsei an elute nr :nfet4u .nIurvU Iris this policy or se/wed the inattrecl nssutptt and nal dndoi.vl Ih wm.ng by the inuwud dUinant I.U,e rnn.pany Elver In the dale suds ',now t�l Aalmanr bccamc an frusua!is.eunrIcr.(CS rvwNn�iw n.•lust a rtansatc tar thn noised eta..Rant lsfl a(us.Isnss nr seemed tunterprnnt ss.Oulu al Wnlley t.-rrrpl u.the narr-nt.n,,wa•Icr u aflnedccl htr'b.at w any(ex.wnry l,av lUr labor.. a,ulcn'i nr Sn she eaten Militancy t1 al((wrIvd httesn as fn aawnnss,dt(nr ,lava•insrn.n•n,cn(t Iandei ctansuu(tlon AS cunp.Rad K t)ale CJ Pulley,. 4. I(neMm(1.`ailJ4y AI rase ben v.(he unaae0,nUtentn heca.oa et Lattice id the;maid al 1 Jets&of rules,nr tat aa•y...Att.-lye..nr..a,ni the v,Jc1...eincu in comely — l'applk.bk'du,tst Ivdneu 1a..1'of the hate in,rltk)s the land n situated. Any elalm, ntuen as.rsn us,s,,1 the'ranueliun ecc.xutt the.,w.rt9 rJ.fee nsurtta.l.',Mused try((sit pn►cy,by(Eason,oh the.wr•.mion nt Is.kr,l U.n,Yru(rcy, dare Inanhaency,u,umltu credituta'brava Laws,Ihal s lased on. al sans v.s..a..rs nn vcn.-ytit,Inrerct,J the-unwed.,.AldaelY being ds•rawefl s f+avervI-nl era vveyance ur frdualulent uanshn.••r W. the svbnriin.sonn Il♦the inter=tithe insured nun;asec to IS tea;trlt ul the appiicatiun vN the alner(I.e ul et+Wt..hle Satbuaslln W:I,t;n. is,lr•lnury.n r,e.»ns the,merit n(Ow insured m.erases I,c»,r:Aa.rwed a pra4arennal tran,k+aacape.0 sere Ne prs•I.senttal uatnk,•.•.vats front the lashn.: - lal to(..nviL y..r.nna.lac ia..la sa0ier.l nl Moult,:RI teN of tuck.vtvfrtvw+n w Impart and (Si a pusch.saee In.value or a(wtRwara w boo crediw. AMFRICAN LAND II I OC)A l tOfv LOAN POUCY-1772 1rVt 111 ALT�I FNOOttiCM CNT FORM 1 COVERAGE sxt'LUSIONS FROM COVtRACI• I he ludnv.dng rwaecn:vk.rprnufy esclualed*rut.dse ea.A.nfe of thu platy and the(:tatepssty w11 nn,pay lams U. Janute Cults,a((t$n.rya•has(,I ut(tcnan s.hth atna- by rcawn nl: I. (al Any lo•, mad:many usjrneannacanAll ,t(yewinn (ntcluding 1)at not (Im,(s.-iJ to building and coning taut sud.n.asKas. ne Iepula(i.•.ay ••u.',cutup, nyulall.sr. Nolha3itw;car eLsnn`to(a the occupancy use or ertoytw.rw d Use Land:110 she Character.dn.cvssn.e.va I.saMA.J any aaaran v.nsena usncd An raw: land; lii; a tepa.avun ut.s..ut .sNp v ■ cMnre (A the d'vnerm:Mu AS Lea of till! land U. any panel n( srltirh U1t land it W rat . part: Al 11v1 en.-un.tc•n.a(pa,tcttstvu, no the elate of.satanr.n sal Lhati twat nadinwAe.,s•evunouasenoal sepalatsnm. except Cu ih raaren(Mat a...ti•<nt the s11140Cvn viw (l.a••r.•(.I nr.s nnr.Ce al a defer,.Tien in enay.ntrtnce rtauAint Nona n sAnlawn er v4la. n,I-saloon aflwrsinr dsy lint has hnr•n nter.Jkd.n the tuhht,cewUs ea I law u1 realty lbs Any jtn•arnmcnral pn(.cc power n.0 nrlvdkyl la 1+1 alsa.e.1121CCp1 Lu dsa tstesse chat a wet.n1 Ave ax,euiae IhrvwaJ nr a Awcw J n•trMci.Lon ur..n,v...earanty r.aauh,/.R In.n a-.lava n,ali'h,,d..nl.eon af4tiaf the Iw(d Rat been secluded in the pvta c terries.v I sale ul Policy. Q-''ffhe e(cm..4g4.h..v.vn s nkn..roes of Mt tatet,.w fnarnnt tut burn treor'vl iA she put.ik..evri i at 1)au:el fuh(.y.but nos exclvd:,.t Irnin vrw.cragr wry taluallt widen Goa uecv..u•Ouse en I late•PMtry-alwch..weal Ire handing.v.she..ppsra na a purchase.Iva value vu'e)...wt kna,.fe(Iye. 3 t)adr it,t.a'n: cnksamMancct,advcx'.rfa,:nt nr ashes rasatt►n: 1+1 rreaecd.•who.wet,.sauteed w syaal to by the in,an.d claimant; - - flab nav h.wIwn oat the Con.pawy,Av.tecwdnd is&the public record►at Iliac d Poky.but known to the',roared rta,maot arid MA Jivelci'rl In waning L..die Ca.nsp.wsy by do.su.n.d dtw.a-t psw.t us the dace the in.awed rla:wunt became an..stused ts.dct chit ptali t, ORT 31 67-G (Rev 6-22-98) (Guntimx'd on next page I SEP 23 '98 11:06 909 S93 8097 PAGE.12 7t 1 Gk.,:440 rK t,.UUK I I era) LnMl' 11..L I t J.) r YJ7 00 n G IU 1 rt/.X7..woce7 r.l.Y a•+ FROM : N i ck i fi Ste ae PHONE NO. : 909 593 eeF 0 Sep. 23 1998 Be:24Ari P 13 OLD REPUBLIC TITLE rt A-3a1-5187 Sep 1t, 12:26 No .008 P. 12 ()MIMI(A IConritwcdl rerultin f.n...I Inu nr dar.s.ct to the reuanud dairaaN; A. anarhwts....-reared aub.l.yvenr res Its e4 I'oftty Woeeyl to cru:nt teal emit pnhty i,.suret the p..udty rel U.c Iien ul dleintund nwnfr.ge Sewer any u,,l.e..ry h+1 fete vr.ricct,labnt nr matellol trite indent Ins ranee a.&Nettled herein at toaunotmvntt for acre t;mpeavCrnenla under cnnwudiews rd eneapkted al an..of c r.-sultest In Ins&ar Jarn.t.•which wuulJ not luny(stein outlined•1 the insured cLuwa.nt h-sd paid valve Jul tAc Unwed n.nrlta`e. t moniurcurenley 4 del• lien u1 the lenv.vd r'h'an‘aor be�.vae ut dhs iniatailiry rut(+.lure u(the•tenured ut Dale..l Macy.ur,Me:nab;lay nr t..lurc of any,..1...•nurw t uwnr••/the indet•teAnct..i...Dwane with p4.r ikIe wdnust to nines late.(ul lM*are la t.110•.11 the land it tituata/1 1, t.w.d.riy,r ew.nlw.. .lut.(y nl the lien of Ulu iwsue...1 mortgage.ul claim thereof wh.r1. .rnes mat 4 the hram4Ns••., Jreced by the...speed munl,ai-. +•.A n based upun utw M SAY rementr.1 t red.(peutcoin.4 or vvtm.n tending law. Arty ILwutwy ken Inn.v rv;cea Iabw.w ntare.iait due slam.of ptionty id any ttaurtury'ion Irw teneitrs•IaAe.r nt nwalt+tals.wf tit:I,<•n ul rM inu«ed mt.rjp i asnms to J.c land s.IJwh.t enrweeud Inn and cu.nenennod(ubtecluenc rn mien u(rc v and;s nor hrt.uiccd.n whole ry h part by p..acctidi n/die.nd.:1,4, i tt It:cu.od by the Insured moet,;age which at Fate nl I`ul:ty the r.t.ered has advanced w 01:4471 cd u.►Jean.•. Any clan«. wlerls atite-, nw ..r the ysn,arl:•. nepcw Ili.Inra,ert nl1}•a• o .nc,6. Imul.•tl by this pal,ty. ley rr.siut d the..pa:rado.ul.a••1.'ra1 haoarulwtY v . .l.wc nah.ueg.,w..ml...r-rlwnn n1J.t.Imo.t tjwr us I` •A .. no: oil (he uanw.ninn ercalussth.interest ulnl+v:en.nod n..ntytca'wing dNl,,s.J«G.udulCAl as syanae ur I..ud•d.nt uancnt;a (la the aaaln«,f r.aad.h nt tl.c i.Aerest I./the.Mu.eA mnrepgea 33 a result ul tiro.Plollnattna re the dnerinc..(ativitnbte subwdmat e.n;Ar I4 the want actives e.e+llwl.Me•iwlw.a N di.•.owriJ ntnrtr..)gea bon(dammed a preitocnri.tl vantlel vtcrpt rl'erc the•pmlrn-mial tt.niN.en...kJ humIln la lnec 14 On timely.ccw.l ehv intcrums-nt lief oaneicr,M 'hi IA%LKh rernrdauun W;mime(metric to a purcnaact Iv.erhtn M a ivdtimenl nr I.Cn c1c4kur. AMERIC;a N LAND T 111E ASSOC1A1 ION KESIDFMTIAL TITLE INSUIUNCL PO4 tC,l-1987 EXCLUSIONS In atiftestan lu tin:.-weepdlnna In 5-dt...luie tr.y.ro tic n+..Ireu.ed apalwt Intl,cuau.altunwCyt'less and tonnes results+Iron: 1_ (:owunrentat puuav Dower, anti the G.snwnae w•kJal.oa nt any law we;n..entn.crwal haj..lan..eh. Ih.s inch....6 h.:ldwht and anntmt wrtl:w a..sa•,••A Alta la...e mitt.e t4tZJana cufCC..iwir (and uac In.prnve.nc+ws..r.Alr land land.livbinn s•n..,r.n.,,ntal ptotCcttul. Ilwt vaciusin,t hone nut haply In vinlatlts.ls N tM meenecct.cnl of these.Mal lets which alives.,in the puhlle•eeadt:.I Pokyt lase I1.11..ur hi..., mn th w.d•• nvt lie toning nv ng rerace deacrebed in Scot 12 and 13 rd('.n.ercd T.(1u RAIL. 7, the.;69.t in t.:r U.r rnnA by tondanaing It «wale}[: a wrnkc of cave•:;.:n{the rith,app•eatt in Ohe pvbl;c luw.tit on the ninety 1+wet. the ukin(h.,ppencd wive to the✓nicy 01t and is bindle%ten you 4 ynwu bnuChl the Land wckua.l knweg at Ilk lukinc J. brie l:ota: that ary aliened..sltnwad,yr arse d to by rue IAA are 6raarv.n is yn.r,but naW us.net Jie rviiey pate-,.nl.,u they aepe_at rn tl.v uulslir rereeds. :hat rt:u,t in nn Litt tv yuu Ant tint Wle.t yn.r twat alter the 1'•Jiey t sate•MIL deed m.s unit tiny owes ayv us h.:.w it of Ca+.-red I lttw'Luke. �. I tdwc V.pay valuc(us yr..rerido_ 1 ack W u ern,: .e.any tend nireadn rho aria-.(n-t.f.e.tily described and•eterred to in tom 1 rat Schedule A to .n utewtt,allays,tar waterway:that lwel,0.0 land 1 Ili...a..l..t wan slows not Penh cite access esen.-rnse.n Item i ul Ginned I Isle Risks. tw addulon m et.e I+cluswm. you n.w AA/le.wcd anrwto I..u,cite(atwn.YI fOet,and aspswes e..ukiAg Irons: 1. Any I.+s..l♦;hu, .nteau.la M.claw.:.+..lskls use not:Mown by Ilhc r«nlie Rem.dt but•.Attah anv(d by asaa,U...+1 by maid.;inouny m Nimes M pw:s„i'«'wi•he 'and 2. Airy tient.r uSArr t-IV&.vht ahtnwn lay the I'ubie Mac.wds. Howfvt+.Ode dues,tent&tail the alrwlwati.e CUM:LW.n Rent n.f Cavercd 14/c Iasi 2. Any Gin.,hnw thu land not rhe..n by ow a••l.lie'accord,..(what s enneet wsvty.raauld Altelnie. I luweve,.this duet net 1oi(taw.a linn.unK cv.ei 4u in Item t 2 d Cwva-d r iAta Cars. 1. 1v Any...mei.i ull ar rltltna nr tole W w.rvr In At uncle,Me•oad' IbI uwpatrntaid mini..{.(+Inns, fee rci.+vlLwat n.entepuuw•..i I.u.•..n war�n ac.. we..vls.wg Ow',Inc)Arm.Ih.reul. • • • • ORT 3157-H fRev 6-22'8) eco 7T •Sao s t tx7 GOh4 GOZ OMQ 7 PCIIW 1 P a los n nol o sunray of the lord.b1..Is ccrroloci l xi 1 fuinlolmalloncnIrnofIsiraaorTol'nk r^ :epo:l of poky lc%NV%II moy�e tmochea. er•wll No no�i C 1 �Q•1'1ar„my�or fc1 t� do 1 •co1,loryD tra Oct oc;eJir,0 r,. f 6-1 1 I •� S % 2 SfC . 29 T4SRSE_ c►i-i�t -+ s��so+l ua`Ir J rim POR . �ITY OF PALM DESERT 1n i I. • '�S 1s I ,�to .,. 1. 9 ..• 1 1 i ' ...: 1 �' ! tij 1 4 1.. _ : .1 I V " •: • r• 1 414% 1• . a<• W I;I NNI 1 i I ono .■. WS, r\ fl j8, Gr1• IIMw.r �I „a 1 11111 sue i 1 �,w. .. re0 1 :Oa ® I ® ! r...S ..... o .... • NI 1 Lo I1. _.s e. _ a - - --= - - — — - soap N i 7l�79 JI�l� o�,s ■nrr v Ili, if 1 Z 1 _4 M1 ■r O D �1� ram. 0 r al 4 ram. �•u 0 .. •. N. .A SI WO�s 0 le •• OPs nv w 6U tw 1 t �L�! aurt MIr •, •.■....+c■...•., C•►.r o! :nit-7 PM w 77213 icy mawan �� ••' o w * • - • * r -- O/d- IJ' r 0 i - '_•....... 7t1" o j w // w ` 26.89AC.t t r574 L e t. 1, RCS 40/69 , i ♦ 1 O - + 8 uz uz 43.78AC= m Parcel 4 w I TRA 06I - 0/9 ss Z��4 n4 4R/S ° �. Ci 4.t PALM TRA P.U. 06/ - /52 DESERT I l� 8 3 --SSE ZO/-33-52SC Q I_ q PAIL ! 11 /.M�• I .7! 1 l• W 1 42.66fAc 40.55AC.• I-- 1 O - I 2557.,7 5 1°.s \ 3g.I /13f A _ - /5/7..6- - — �1 - — — — — — 6ER A L --- s di,'c,•,.-f x„f.-&. ST - 36 s' I R/S 40/69 • Sr ST . ST /4 6 _ OATA:R/S 5/11,5/2/, 5/5/, /7/60, 23/77, 40/69 tit/tuilyyH 11:b2 b1y7/»bl. tirAAu .Y rrurtK1 !t5 rc44.. rib f 653-26 T- C. A. 06/-0/9 0/8-08/ 5//2 SEC. 29, 0/8- /52 . • -----A-J\ 9- L 0 400, I` 26-@9 aC.t A i0/i1 � J , • O 43.78 AC.t :1Z. Pores/ 11 i TRA O6/ - 0/9 ` 1iTi._•b `w/s biz.�..r q 1 PA .M TR/ ©etc OQ/ - /SP OESE9T t CI • • sit to-.13-ssc 1 `_ apace t• MIL / I W �! 8K 6/8 1 • • I. 0 e . cc ; I, 4O.SS4C- 42.66 A 4c IS: f �, s 16s1.77 f j ,t I /041,sr ..., C. D (afar — — ._ � — — - - i� • [ •s.sr -'T R/S 40/69 ...,_____„1...,_,E z.. • ...,..•. sr o fJ,!1 I n,sa- OA Td:R/S S///,5/2/, 5/5/, /7/60.23/77 in/A.o .,. JJU1 J .. -. �...� �R i iC7 rr.�� UV MONTEREY COMMONS SITE PROPERTY DESCRIPTION I. The Two parcels are FEE LAND 2 . The two parcels have been annexed co the City of Palm Desert and have been zoned PCD which is Planned Commercial Develonment . 3 . The two parcels are approximately 1/2 mile from U.S . Interstate 110 which is the only Federal Hiway passing through the Coachella Valley. (Palm Springs area) . • 6 . The Price Club and the Home Club alus additional stores have recently opened stores North of this site on the corner of Dinah Shore and Monterey Avenue . In addition Home Depot will be opening a major store just to the North of this site on the . West side of Montery Ave . This is Planned as a major retail Center to be known as MONTEREY MARKET PLACE. 5 . There are plans for a number of Country Clubs which are scheduled for develonment in this area which will materially increase the residential population of this area in the near future. 6 . The City of Palm Desert is coonerative i- the development of major nrgjects and would be most helpful in this area. 07/20/1998 11:02 61977336 BAXLEY PROPERTIES PAGE 05 OFFERING FOR IMMEDIATE SALE Approximately 70 acres fronting on the -East side of Monterey Ave . Frontage on Monterey Ave. 1200 feet and 2576 feet deep. The Selling price is : $13 .000 ,000 . 00 . The price per square foot will be determined by the location of the area to be sold. Terms are available with the noss1bility to build to suit. EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE UNINCORPORATED AREA OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THE NORTHERLY 455 FEET OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 29, 1856; EXCEPTING THEREFROM 50 PERCENT OF ALL OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES AND ALL OTHER MINERALS UNDERLYING SAID LAND AS RESERVED [N DEED FROM CHESTER W. FROUDE AND GLADYS R. FROUDE, HUSBAND AND WIFE, TO BLANCHE STEPHEN, AN.UNMARRIED WOMAN; ALSO EXCEPTING THEREFROM THE WESTERLY 55 FEET THEREOF (MEASURED AT RIGHT ANGLES) CONVEYED TO THE COUNTY OF RIVERSIDE BY DOCUMENT RECORDED JULY 25, 1985, AS INSTRUMENT NO. 163780 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 2: THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY; EXCEPTING THEREFROM THE SOUTH 1470 FEET AND THE NORTH 455 FEET THEREOF; EXCEPTING THEREFROM THE WESTERLY 55 FEET THEREOF (MEASURED AT RIGHT ANGLES CONVEYED TO THE COUNTY OF RIVERSIDE BY DOCUMENT RECORDED JULY 25, 1985, AS INSTRUMENT NO. 163781 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. EXHIBIT "A" 144/9677.1/A ANNEX.DLR/1MS/1I1092 ! -. _-_,... : I : / '• • . • ' -. •••••,-..•:..•••••... •-`,., ••. •• -...... ....."..... . ••,. ••••• ••••,,,s - .- . .....\.-`•-... •-• •• '... ''..' .'• `'•-• .;. • . S. , ,.. ......... ., :-. • '•:. , "••.'• --...._ -.,, .-N. • : : 10 . . . • : - ; . . • P.C.(3) -.• ::: -•.. -, . , ..• ,.. - P.C.(3) •••::-•-•:•',':. , .1, 7.1l e 7,, .•. • ••• • ... —.—.. ••••••• ----. •••=—.'"—••'''" '4.'(1,4 i-?-..............Lkl.....a...f......1.-........ 4: - .."-."••••.... • --- — . I 1 II • - : -..• .• *i v •. . % - •• •\ • ; ::, -......1.. I I. ! :- ••••-- ..,, % ..., : ,.. , :.,•.'.:,... , . . I• . . . . . . ; -----'• s< '; • •'i• . ....:%:•• :1 I. i• • s .....-s -. • •.2. i• ..j.1-2-, ''..; :I 1 ,.. ..... ........ ......-- .., •. . .. -• • ; 13-.C.-I3/ -1 I t ..,, L___7.1 ; 1 1 I. •.: f., 1 :7..... . .,.* .•........ ... . ;• • 1: , • :. "..:.r. 111-1••• ' :.•.' .:4 /. -'-'''•:'. • 1 -I-t, - • _ _ ''.. . . I :I: -----_ . P.C.(63)- ; S.I. • • S.I. .... .• '-___ ' '-' ---•• ' .r. I-. :I:y=•— -,---...-=...A . _ t. •D I id I ..,... r• 1 -— + / •• . - - — ':-,•„.-ra u-m-' I. ...... I i 1 i :' l 5UB3ZCT PROPEXTY 1 i 1 :11 I :I • ,. . . P P.C.O. S.1. -5 , 1 . ••, • i 1 . • _,. . 1 i s L . 1 .........................;...............-.:..-......, .,:i.,, ............„vw,,,,, 1 i .... . ..,—• I , • 11 P.C.-(2) I : - I • I I I It I . ---1- .........I • ..•........—..a..—.•... I II L.--Li 1 .II L.C.-(2). i . ' • . • — __ .. . ... . _. . .__ • , u. ..,u3 0 U i - 1 EXHIBIT "C11 PERMITTED USES SOUARE FOOTAGE CALCULATIONS RETAIL Total Retail Buildings 287,100 Square Feet HOTEL 6 Floors @ 15,600 Square Feet ( 184 Rooms) 93,600 Square Feet OFFICE 11 Buildings @ various sizes 326,200 Square Feet PARKING STRUCTURE 2 Levels @ 60,000 Square Feet 120,000 Square Feet LIGHT INDUSTRIAL 11 Buildings @ various sizes (1 story with mezzanine) 317,867 Square Feet 7.5% Buffer 85,857 Square Feet TOTAL = 1,230,624 Square Feet EXHIBIT "C" • M/9677.1/A ANNE'C.DLR/1M5/111092 * ***** CITY Of 1 ,11. 111 DESERI 73-5 IO FRED WARING DRIVE 111 PALM DESERT, CALIFORNIA 92260-2578 — w TEL: 760 346-0611 FAX: 760 341-7098 Z'� info@palm-deserc.org PLANNING COMMISSION MEETING NOTICE OF ACTION Date: November 3 1999 Desert Sports Group 620 Herndon Parkway, Suite 200 Herndon, Virginia 20170 Re: PP 99-18 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of November 2, 1999: PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF PP 99-18 BY ADOPTION OF RESOLUTION NO. 1956, SUBJECT TO CONDITIONS AS AMENDED. MOTION CARRIED 4-1 (COMMISSIONER FINERTY VOTED NO). Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen (15) days of the date of the decision. AA—a PHILIP DRELL Imo' PALM DESER PLANNING COMMISSION /tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal �a runnoontnnro rurn PLANNING COMMISSION RESOLUTION NO. 1956 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A PRECISE PLAN OF DESIGN FOR A 166,725 SQUARE FOOT SPORTS FACILITY AND A MASTER PLAN FOR A 70-ACRE SITE (643,971 SQUARE FEET TOTAL BUILDING AREA) IN THE PCD (PLANNED COMMUNITY DEVELOPMENT) ZONE AT 35-250 MONTEREY AVENUE. CASE NO. PP 99-18 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 2nd day of November, 1999, hold a duly noticed public hearing to consider the request of DESERT SPORTS GROUP, for approval of the above; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the director of community development has determined that the project . will not have a significant impact on the environment and a negative declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify recommending to City Council approval of said precise plan/master plan: 1 . The design of the project will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 2. The project will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The project will not endanger the public peace, health, safety or general welfare. 4. That the project is consistent with applicable general and specific plans. 5. That the design or improvement of the proposed project is consistent with applicable general and specific plans. 6. That the site is physically suitable for the type of development. 7. That the site is physically suitable for the proposed density of development. 8. That the design of the project or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. PLANNING COMMISSION RESOLUTION NO. 1956 9. That the design of the project or the type of improvements is not likely to cause serious public health problems. 10. That the design of the project 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 project. 11. The proposed land uses identified in the master plan remain substantially in conformance with the pre-annexation agreement. 12. Overall intensity of the conceptual master plan is less than that identified in the annexation agreement. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That approval of Precise Plan 99-18 and the master plan of development are hereby recommended to the City Council, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 2nd day of November, 1999, by the following vote, to wit: AYES: SEATY, CAMPBELL, LOPEZ, JONATHAN NOES: FINERTY ABSENT: NONE ABSTAIN: NONE SABBY JO A , Chairperson ATTEST: CIA-12-t PHIL DRELL, S cretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 1956 CONDITIONS OF APPROVAL CASE NO. PP 99-18 AND MASTER PLAN Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the department of community development/ planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within two years from the date of final approval unless an extension of time 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 all 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 contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Sunline Transit Agency Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and department of community development. 6. The applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance No. 612, said enclosure subject to approval of Environmental Conservation Manager. 3 PLANNING COMMISSION RESOLUTION NO. 1956 7. An organized recycling program shall be implemented in the center with required tenant participation as a condition of lease. 8. The overall project shall have a minimum of 4.675 parking spaces per 1 ,000 square. feet of gross floor area, consistent with the regional shopping center parking requirements of the zoning, with the exception of the hotels which shall be required at 1 .1 spaces per room. 9. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 10. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 11 . Final landscape plans shall comply with proposed August 24, 1989 parking lot tree planting master plan. 12. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. 13. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Fringe-Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 14. Project shall conform to all requirements of the approved pre-annexation agreement (City Council Ordinance 695). 15. Until the 2,500 parking space threshold is reached, additional parking for each phase may be required based on the mix of uses as determined by the Director of Community Development. 16. Final design of the public road along the north property line shall be completed in consultation with the adjacent property owner. 17. Planning Commission shall be given the opportunity to review and comment on the traffic study and all subsequent refinements to the design. 4 PLANNING COMMISSION RESOLUTION NO. 1956 Department of Public Works: 1 . Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and Ordinance No. 653 shall be paid prior to issuance of any permits associated with this project. 2. Any drainage facility construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. The project shall be designed to retain storm waters associated with the increase in developed vs. undeveloped condition for a 100 year storm. 3. Prior to the issuance of any permits associated with this project, applicant shall submit a Traffic Impact Analysis for review and approval by the Director of Public Works. The subject study shall include both on-site circulation as well as off-site project impacts and associated mitigation measures. 4. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79- 55, shall be paid prior to issuance of any permits associated with this project. The costs associated with the installation of a traffic signal ( if required by the project Traffic Impact Analysis) for this project may be used as a credit against the subject signalization fees. Such a credit would be subject to approval by the Palm Desert City Council. 5. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 6. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 7. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 8. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. 9. In accordance with the Circulation Network of the Palm Desert General Plan, installation of a landscaped median island in Monterey Avenue along the project frontage shall be 5 PLANNING COMMISSION RESOLUTION NO. 1956 provided. Applicant may submit cash payment in lieu of actual construction of the median island subject to the approval of the Director of Public Works. 10. Landscape installation on the property frontages shall be drought tolerant in nature and maintenance shall be provided by the property owner. 11. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Stormwater Management and Discharge Control. 12. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 13. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 14. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 15. As required under Sections 26.32 and 26.40 of the Palm Desert Municipal Code, all existing overhead utilities shall be placed underground per the respective utility district recommendation. 16. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. Those improvements shall include, but not be limited to the following: Installation of concrete curb, gutter and ac paving on Monterey Avenue at 55' from centerline. Installation of acceleration/deceleration lanes for project entry (Monterey Avenue). Installation of half-street improvements (curb, gutter and ac paving) on the proposed east/west street. The specific roadway geometrics for the main project entry from the proposed east/west roadway shall provide for a future northerly roadway extension. Installation of a concrete sidewalk in an appropriate size and configuration on the Monterey Avenue and proposed east/west street. 6 PLANNING COMMISSION RESOLUTION NO. 1956 Installation of transit facilities in accordance with Sunline Transit Agency recommendations. In addition to the above noted items, all traffic impact mitigation measures identified in the project Traffic Impact Analysis shall be considered as conditions of approval for this project. The subject report and proposed mitigation measures shall be approved by the Public Works Department. Rights-of-way as may be necessary for the construction of required public improvements shall be provided prior to the start of construction. 17. Traffic safety striping on Monterey Avenue and the proposed east/west street shall be provided to the specifications of the Director of Public Works. A traffic control plan must be submitted to, and approved by, the Director of Public Works prior to the placement of any pavement markings. 18. Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination (NPDES) General Construction Permit for storm water discharges associated with construction. Riverside County Fire Department: 1 . With respect to the conditions of approval regarding the above referenced plan check, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, appropriate NFPA standards, CFC, CBC, and/or recognized fire protection standards. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per California Fire Code Sec. 10.301 C. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible materials are placed on the job site. 3. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of 3000 gpm for commercial. The actual fire flow available from any one hydrant connected to any given water main shall be 1 500 gpm for a two hour duration at 20 psi residual operating pressure. 4. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2-1/2" x 2-1/2"), located not less than 25' nor more than 150' commercial from any portion of the building(s) as measured along approved vehicular travel ways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. 7 PLANNING COMMISSION RESOLUTION NO. 1956 5. Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange for a field inspection by the fire department prior to scheduling for a final inspection. 6. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front of the building, not less than 25' from the building and within 50' of an approved Super hydrant. This applies to all buildings with 3000 square feet or more building area as measured by the building footprint, including overhangs which are sprinklered as per NFPA 13. The building area of additional floors is added in for a cumulative total square footage. Exempted are one and two family dwellings. 7. Install a fire alarm (water flow) as required by the Uniform Building Code Sec. 3803 for fire sprinkler system(s). Install tamper alarms on all supply and control valves for sprinkler systems. 8. Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs as approved by the Fire Marshal. 9. Install a fire alarm as required by the California Building Code and/or California Fire Code. Minimum requirement is UL central station monitoring of sprinkler systems per NFPA 71 and 72. Alarm plans are required for all UL central station monitored systems and systems where any interior devices are required or used. (U.F.C. 14.103(a)) 10. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75' walking distance and/or 3,000 square feet of floor area. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens. 11 . Install a Hood/Duct automatic fire extinguishing system if operating a commercial kitchen including, but not limited to, deep fat fryers, grills, charbroilers or other appliances which produce grease laden vapors or smoke. (NFPA 96, 17, 17A) 12. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13' 6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around (55' in industrial developments). Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 10' diameter. City standards may be more restrictive. 8 PLANNING COMMISSION RESOLUTION NO. 1956 13. Commercial buildings shall have illuminated addresses of a size approved by the city. 14. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Fire Marshal's office for submittal requirements. 15. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 9 PLANNING COMMISSION RESOLUTION NO. 1956 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: PP 99-18 and Master Plan APPUCANT/PROJECT SPONSOR: Desert Sports Group 620 Herndon Parkway, Suite 200 Herndon, VA 20170 PROJECT DESCRIPTION/LOCATION: A 643,971 square foot multi-use center at 35-250 Monterey Avenue in the PCD (Planned Community Development) zone. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. 'r �l P 2. 1999 PHIL DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 10 Nov 18 99 04: 25p Debonne Ranch Management 760-360-5956 p. 1 i _ " BERNARD DEBONNE TRANSMITTAL TO: PALM DESERT CITY COUNCIL FROM: BERNARD DEBONNE DATE: NOVEMBER 18, 1999 SUBJ: PP-99-18 70 ACRE SITE IN THE PCD ZONE 35-250 MONTEREY AVENUE Honorable Members of the City Council: As an Owner of property at the northeast corner of 35th Avenue and Market Street I am very pleased with the contemplated development of this area. However, the application before you today for the proposed development immediately south of my property will result in the elimination of the easterly extension of 35th Avenue. This leaves my property with a single frontage along Market Street. Based on conversations between my consultant (Michael A. Peroni, Dudek & Associates) and Phil Drell, of the Planning Department, and Joe Gaugash, of the Public Works Department, it is my understanding that my property will be allowed at least two unrestricted (turning movements) entries along Market Street, that the southerly entry would be allowed no closer than 150-200 feet (centerline of drive to centerline of intersection) from the T-intersection of 35th Avenue and Market Street, and that the northerly entry can be located adjacent to the northerly property line. Naving two entries is critically important to the successful build-out of a twenty acre parcel and therefore with these assurances from the City regarding future access to my parcel along Market Street, I strongly support approval of the above project. POST OFFICE BOX 1935 • PALM DESERT, CALIFORNIA 92261 TFI cPkr NFr7h0 360-6866 FAX ( 760 ) 360 - 5956 Nov 18 99 04: 25p Debonne Ranch Management 760-360-5956 p. 2 Thank you for your consideration of this matter. Very tru yours, Ber .rd Debonne Cc: Dave Turner, CV Engineering Michael A. Peroni, Dudek & Associates Joe Gaugash, Engineering Manager, City of Palm Desert Phil Drell, Director of Community Development City of Palm Desert POST OFFICE BOX 1935 • PALM DESERT, CALIFORNIA 92261 TELEPHONE ( 760 ) 360 - 6866 FAX ( 760 ) 360 - 5956