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TT 26123 TT 26757 INDIAN RIDGE COUNTRY CLUB FILE 2 1990
Indtan Kid e -_g COUNTRY CLUB St* gn Program PHASE IV Prepared By: Rypinski Design, Inc. 17952-A Sky Park Circle Irvine, California 92714 714-250-7183 r Sign Type: Descri tion: / Quantity Required: s/f d/f Materials: Colors: Lettering: ❑ Vinyl Die Cut ❑ Raised ❑ Silk Screened 'Q Recessed Other: Black 8 White Plex Letters Internally Illuminated Aluminum Cabinet Tex-Coated COLOR B sci. � R�cs , Access ' Door Real Rock Base O g �• � Indian Ridge GII Id,,., d,,i,n,, .1, elen .nd p�.�, RJVinski Indi—ed w rvpu.mmd 6n,dn se owned M1Y.�J Sin Program - PHASE THREE — „Y.,1R'Pi.A;Ue.;In,ancl ,• 9 9 .,,d d,.,I,,,d Design Inc. Sign Type # 2 - MINOR ENTRY MONUMENT -w,. r6,6. ,p.dliedp„;.F.I', ,7 ,„.' C,JdI' `u`d' ...h ido,,doign. o,.. _ i.m pn,n' ne .up ,,. I...,.. .nYn pe.•� ILm � Irvone-01um.9lTg SCALE: 3/4" = 1'0" DATE: 8/23/92 -- d.,-p , n,y .4 R,,..., .....un Pbnn-VlglSU] d) ,i vp,o,wnnrn pninn..�n.d Nypin.ki Peugn Pis:U 14I26L91611 J Sign Type:Description: Quantity Required: y s/f d/f Materials: Colors: Lettering: ❑ Vinyl Die Cut ❑ Raised ❑ Silk Screened ❑ Recessed Other: Internally Illuminated Aluminum Cabinet Tex-Coated Black & White Plex Letters COLOR B Is Wrap Around Aluminum Door Access Si .7 Sleeve to lay rocks against R so that Sign Panel is protected and removable. i Removable Screws Holding Sign Panel to Base. ` O 1992 Rypinski Design Indian Ridge All !doss. d-i �`� ���i '.. g... I�il . mgeino.0 .mod 6n, I InJlnu•I••..e pn.nu ul l•...Li,., •.n.J by.n.l m dw...•p—,.A Ny,m,kl I�eago Inc.,nd.va Sign Program PHASE THREE 1,,,,,,, 6., „ „ �d Design Inc. Sign Type # 2 - MINOR ENTRY MONUMENT .;'. "°` A^T°Sky.•".(...I° uaiuld„,^nniqu, .ipv, ,pl,n null Ae urd •Il.d•,.ul" 'pe, Ili Lv .(Nln, v);I1 SCALE: 3/4" = 1'0" DATE: 8/23/92 ":.:;..,.I,. .. iha�npr[ 'n p.• •J llrp�n.k�lle..Ki' l _ Sign T e: 3 Descri tion: ;' Quantity Re uired: 2 s/f d/f Materials: 4'_0" I Colors: Lettering: Vinyl Die Cut ❑ Raised ❑ Silk Screened ❑ Recessed Other: 4`0" 6 I HOLLOW ALUMINUM CABINET, TEX-COATED COLOR B g A v COLOR A 5-0" " "' WHITE REFLECTIVE VINYL GRAPHICS OPTION . o 1992 RyPinski Design Indian Ridge All idea., dnigm. e,�s.m. „ and Rypinski Sign Program - PHASE THREE Indies"'.""ed liledeF<,.i no o.oalnyuW e,e d,e praaad d-,I,,,,d 1- go Inc.,and. p c—,ele and i.h the , L„ o... „n and In Design tp�' k( rde Sign Type # 3 - TRAFFIC DIRECTIONAL - TALL FORM hidea.. e"Iin,—are, la p,.,;u, Sm..d „As, ,, .,,.e id...,Ikal, ..,,.,K.m.,,�,:��pl,�.. be mod �lif--, , and pennn l-., nn,—:471a,nu Y1T1 SCALE: 3/4" = 1'0" DATE: 8/13/92 ......;.�p—n- -n,,..., „n., rn„n711161 n, m. .p,e nr• .d xrpunki b«�qn1 r.e.n nun, 11 Si n T e: Description: L'i Quantity Required: ;7, s/f d/f Materials: , 4'-0" Colors: Lettering: ,9 Vinyl Die Cut ❑ Raised ❑ Silk Screened ❑ Recessed Other: �8� I 4•-0" —; HOLLOW ALUMINUM CABINET, TEX-COATED COLOR B 3'-3" COLOR A WHITE REFLECTIVE VINYL GRAPHICS OPTION o 1992 Rypinsk! Design Inc. Indian Ridge A, da,iRn, u.�F.m. „ ,nd ph". aypr,�ski i.dil—d w uprz„m.d boon ve n.ned hp nM Sign Program - PHASE THREE ,,.m...open. Nrphn4i D-,l—,,"d.ne d and d<.dnp,d fn, " ,mod in Design fflc. �n,—a— �.i.h the,pe frail O-j—, N' .' �d I~;j.A 41,I'.,k1 i Iv Sign Type # 4 - TRAFFIC DIRECTIONAL - SMALL �°h i.dR .Y,; °m°°p f ° v.vd ., d ,i,-, ,or per.pi. lirm1 fy Irmnq(J.In,nu Vj]II SCALE: 3/4" = 1,0„ DATE: 8/13/92 ;'.';;, "p ",,,.h,,,, „',I ,II, 3/16" TEXCOATED Sign Type: ALUMINUM FLUORESCENT Description: TUBES Quantity Required: S/f d/f Materials: Colors: Lettering: ❑ Vinyl Die Cut ❑ Raised ❑ Silk Screened ❑ Recessed Other: LOCK REAR EVELATION ACCESS DOOR (PIANO HINGE AT TOP) 1/4" BLACK & WHITE CROSS SECTION 4'-6" HOLLOW ALUMINUM 1-1/2" = 1'0" TEX-COATED CABINET COLOR B ACCESS DOOR BLACK & WHITE PLAN VIEW / I PLEX LETTERS RECESSEDINTO ALUMINUM 3/16" 1 right Rock Drive a. 30" Indian Ridge NOTE: SERVICE ACCESS FOR LIGHTING Rypinski \II iJu., levgm, unngemeni• ,nJ pL^. Sign Program - PHASE THREE WHEN SIGN IS DOUBLE FACED MUST BE ;';; ";';" e.d Design Inc. FROM THE TOP OF THE SIGN RATHER " """'"""'"` r",J r °""° '' cu sn ar r. < rri. Sign Type # 5 - STREET NAME SIGN .. ..:... ......:r,.,.,.„...rr.,,,.,., . „r^,.h27„ 7 � THAN THE REAR. ...i i.a�...i �.. ., r.... . rr r SCALE: 3/4" = 1'0" DATE: 9/5/92 i \ � $ �iru �:•�„�m¢\ c1��\,�`:� LQ R3`£'�`i2�fi: 'o @ ¢�b"A" 8 dkki\\\ k�`:` Sy:i\;R\ &�8' C3a��R \`E 'N'3�6��'b,�•E����,R,R��a. �•� 'x\:�F�$'S`4`A�W�3`c`�. aS ��� ���i�ik,.°��i �'��C,a:R��.� •k�£ 8A Ri3`�k3�.�„ m rk $tea¢ � �\A��a f¢ 4`.�^�E\a a� Q� .a�;:Ra�a?yEA.k,C�R?s?'bi:rY�?:�',a,�2��? �g,�;a��$�L„E�y.F2m�`�,>Aid* ;a�w•A��S°£:<�,R:£:��$���•��F;£23�k,'�.a,��?,1D�:x,.. �T'�''\'.' a'R:V:S�.?�x�3:�;£3;ta�,,?fiiFcix":a.°,c3„'�aYo- ��Y:?n�,,��•,?SE��:•<Sa¢s�S3.��£?;'. a<.I3:Yfi2.A���..�\.30.>..t+r�:k5'F.\`,��.r'Y@.s�.,, •�`a�¢! \kQ�.Ra°vo>Y'. a3z,. 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".�]arei"rs��' .<c H�.�sc{i..F ir�II�R�`Ca�`k\a;MF \S�`�'m R ous``\2 •<.k��k�. �F"� _ • '•YR n'�Ss� f n 3tEb �k w''� �F2 .�LC,ia.*kRd i iw�t•c\X NNM Rp xu`C¢ 'i'2 R sR5 n aic v 6\ ` lL .r yR aQb 9 a RS x: p x.>FF. k'b �, N � s�x. � 2C�QyaCrRaln o"w\ ig� e'Tk"zC�?�G � '£� LS NO aY r iR2PC`,Ee.`a��' ¢o�y��N ���`��em�e\klxF.�" �°wr.`Y �'��:\\£.h: xsrn�a.' 9£s:ZY�n.•'� yk ¢ :- 'gum h. s.::�,.,�.�-� . ,.: _ .. ...,, .. ... ...•... .,....:, ©1992 R Enski Desi 18" Sign Type: I I Description: Quantity Required: s/f d/f Materials: s Colors: Lettering: ❑ Vinyl Die Cut ❑ Raised ❑ Silk Screened ❑ Recessed 24„ Other: TRAFFIC YELLOW BLACK 4811 o . oil - Indian Ridge All s,d dealsn,, ueelearx—u and plan, R y p i n s ki Sign Program - PHASE THREE "� "°""""`"`° """`°'"`°'"""+.rdre goperry of R,ayski Deity lnc,and veer Deign Inc. Sign Type # 6 — TRAFFIC SIGN - AUTO raid nd ,ereloped for .,e an d 11 { —,rtc iar-ids Ibe,perJwd prole«N.- of IAR A Sky Park Grde .red:dm, .ioslru.ura —, p r , ,lull be .red or d:,dwrd a r pn,on firm ° Irvine,Gldorrua 9Dl4 SCALE: 3/4" = 1'0" DATE: 8/23/92 —Poradd,roe any pvepu uhsl—r-nMo, Pbone:U1113 3 6 718 3 Jre eapre.+-ru¢n pamnoon o(8ypinaW Dnipn Paa:p143363.9166 18" Sign Type: Description: Quantity Required: s/f d/f Materials: Colors: Lettering: ❑ Vinyl Die Cut ❑ Raised ❑ Silk Screened ❑ Recessed 2411 � Other: ■ Reflective White Reflective Traffic Red � • • • . , Or 48" Indian Ridge All Idea, ,—o whir— emr and plan. R y p i n s k i ind:med o eeprnewad kmm ue o.ned br and Sign Program - PHASE THREE velhcpropergofRypiwiiDemVoi,.—d.v,e Design Inc. rued and de.elop.d for vu an and in Sign Type # 6a - TRAFFIC SIGNS - AUTO "o ,,irhd,cini,-dpwjec� , r,, —, Sky Puk 92714 cudr idea.d ah •rranremenu or p W.dull be ured or d6do.ed perwn, firm or Irvmq Glilomu 93T9 SCALE: 3/4" = 1 r0" DATE: 8/23/92 wP—uon for any P.,—.luuoe...`id ° PhoncO14RS0.2183 she eapro..-ri1¢n prrmnrion of RypimMi OoiRn. Fax:13H1263-916b Sian Type: Description: Quantity Required: s/f d/f Materials: Colors: Lettering: ❑ Vinyl Die Cut ❑ Raised ❑ Silk Screened ❑ Recessed Other: 18" ' tl I.exi T.66 14„ Ct�l �i�use- 18° 8xQ� Clubhouse 18" �-:..NE:x� Tee - Ciirnfort'Sialion-) Cludhac:s+;-► R;NaxiT4e - :. -L'tublzau9e-= 4' i 8 O � �• r IndianRidge All idea. de..". ..raryemem, and plan, Rypinski Sign Program - PHASE THREE ro"rgofR`d ki _d u .l pr-d d d J.P.d i Deign inc,and"ere pi-- Sign Type # 7 - TRAFFIC SIGN GOLF "'°d ,e.d ed ,°r °,e nn , d d Design Inc. runj eum"A,,Re aperdied pnjeu Nvrc d lAR-A 4y Puk Grtle mrh jdm de,gv,, ..�g..y parpW,.hall be u.ed ar di,d°,ed Iv anY peravR (arm v.Ym fvr ny m IPm nne:(71umrap3183SCALE: 3/4" = 1'0" DATE: 8/23/92 ..preu.nnn pm".mafRYP..b ax:(71N)263-916d Sign Type: Description: - - Quantity Required s/f d/f Materials : 1."''`.'`��;�:>° Colors: > :.... ., Lettering: ❑ Vinyl Die Cut ❑ Raised ❑ Silk Screened ❑ Recessed Other: 4"x4" Steel Tube 28" � 1 24" I � il�STOP " 42" ROM M!YA MEN Indian Ridge AU idea, dni,,, ""'"'wee and pl . odowed e,eePeemoned he on we owned b,,a R y P i n s k i Sign Program - PHASE THREE ue Aepeop eryofR pmkiDdp nc.andwne Design Inc. Ba,l°e°d° n°d wd,eei,ed o o.. on i~ a.a ° None iin A5I-A 4y ParkutleSign Type # 8 - STOP SIGN - AUTO .o,A idea.dn m a monen.opwns b oud or d.dond o anf per fi,m ue Irvme0ldonoa9V14 SCALE: 3/4" = 1'0" DATE: 8/23/92 -P-dam fo,aP.,—'inw..n witln., PAoncf9103i6)19J we....w,in,n permnrion of R,in,ki Deagn. 1i Fee:O141E63 916x -Sion Type: -Description: \ 3 Quantity Required: s/f d/f Materials: Colors: CIE Lettering: ❑ Vinyl Die Cut ❑ Raised ❑ Silk Screened ❑ Recessed Other: _ 4"x4" Steel Tube 24" f 24" YIELD YIELD 42" Indian Ridge All idm, 1.11 , t<tug<mmu and plm, Rypinski mdi,ued m reprnem,d M1e,ma ue o.�ned by W Sign Program - PHASE THREE "Iuncoop<.ryofAryuutiD<iv a<nd.<.e Design Inc. o,td and d,.,lop,d for om on turd in Sign Type # 8a - YIELD SIGN - AUTO . °^°^d-ho I)w i,-,.,p<oi<d or o vnn<d A52-A 9v Pu4G de m,h id,u,dnigo,uttng,ilmu of o- ,hill b< m,d or dinimcd v p,nau f— o l,vme.Gldor,d<9llH SCALE: 3/4" = 1'0" DATE: 8/23/92 <orpott°our for my poryon of R,pmn without pbo MU Rio-JIW dss nprzn.durmpvmo,im of R.pimki Dnipa FurtVl4)25-9183 Sign Type: Quantity Required: s/f d/f Materials: Colors: Lettering: Vinyl Die Cut ❑ Raised ❑ Silk Screened ❑ Recessed Other: 18" I � CID) STOP Indian Ridge AR ;redo. dn;,"e, .,nn8.m e owned and plw R y p i n s k i Sign Program — PHASE THREE "1doie",ofR,u"""` ."w dre teeprond de loped t;for—nonandrere Design Inc. Sign Type # 9 — STOP SIGN GOLF pled end on elep'e ier a on d r.6 ido . veh.ar ped(md preiea Nora be I-en, Sky Pu4 Cetlo ..d or draµm,uear�emdnu r , am be used or diwloxe anY Perwn firm lrvmr.Cytlorna93119 SCALE: 3/4" c 1'0" DATE: 8/23/92 rvp>ddm for any p;,rpve.bdlwe.er .;rm Pnend:OlO3S6)161 6e npreea.nnm permnem"f Rypin.ki Ddgn. Furt)Ir R6391 In Sign Type: Description: - > - Quantity Required: C- s/f d/f Materials: Colors: Lettering: ❑ Vinyl Die Cut ❑ Raised Er Silk Screened ❑ Recessed Other: 1r2"THICK SINTRA PANEL - COLORS A+B 2" FIBER:LAS S OR AUtMIN'YO TUBE- - COLOR A 36" COLOR B Fd 7. 24" It 30" o 1992 Rypinski Design Inc- Indian Ridge All idea. dr,ign.. unnsemem, and plve indicted- t,t,t .d herein ue owned by and R y p i n s k i Sign Program -PHASE THREE ue the property of Rlimki Deogn lnc.and.ere Design Inc. Sign Type # 10 - MARKET[NG/DIRECTIONAL ned and de.dupd fnr ..e wn d mnlun =with the.pv icd pmjeev tiorc d 1A52-A%,PukG dtl ..rh i., .1.v1. n,nuorplw.lull be u.ed or Gulovd � anY per.on lirm o Irvmc Ghfomu 9Ul< SCALE: 1-1/2" = 1'0" DATE: 8/12/92 �Pwaumfor.,pu,-.wuu¢erwitom Phone:ONl156218] the nprm wnnen permndon of R"in,kiDoiRrt Fu:O14 1261.9166 Sign Type: Description: Quantity Required: = s/f d/f Materials: Colors: Lettering: El Vinyl Die Cut El Raised 1i2"Ti-iIC:K SINTR:1 Silk Screened ❑ Recessed PA:"dEL - COLORS A-3 Other: 2" FIBERGLASS OR ALUA,tINUM UK COLOR A 27" COLOR' A COLOR B . 1 24" o1992 Rypinski Design Inc—. Indian Ridge All idea., delis., vrangemena and plan. NGmud a.ePrel<n,<d knm-<o-n.d by ab R y p i n s k i Sign Program PHASE THREE u,,,,aid - rryofBYpbuklI.,AIs e.. and a< Design Inc. JUA and d<.alop.d rod roj an and in Sign Type # 11 - MARKETING/DIRECTIONAL such""�-°"�eapemorr prole. \ono %]-A ty PukC de such idea, ,,[.a arrargem<nu or pram.hall be "d<d or disloaed anY Parson f4m o Irvme.Gllloma9Dld SCALE: 1-1/2" = 1'0" DATE: 8/12/92 —P-.U-for my haIan"ad-iLb"; Phan solo 260-7 183 die..,dell-nn<n perm nrion of Rypin,4 DoICn. F..:17 14)76]-9i 66 -Sign Type: Description: -Quantity Required: s/f d/f Materials: Colors: Lettering: ❑ Vinyl Die Cut ❑ Raised ❑ Silk Screened ❑ Recessed Other: CcL-0-; COLOR A-Smoot`: COLOR A- Rough 30" COLOR B 2 BEppDR0T7 0XIS IV I , 106. Sygare Feet 24" o 1992 Rypinski Design Inc.Ridge All. id,.. de,i,., urans<menu and plan, iod ,ed a repre,<med Ferem ue ovncd EY and IZ y p i n s k i Sign Program - PHASE THREE vtI eproperryofRypuo4iDedy�ln:Lin ere wedi na`dr o"diulgm<d 1 any person !vm oin DIrvmeqs LigLlonrry aInc. �n<d and dvdnpd !o, w ond r'a do,•,of.dpmj« A53-A ty Qrde Type # 12 - MODEL I.D. SIGNS ,ucFoWev,e<.im. wo. o plan 9U14 SCALE: 1-112" = 1'0" DATE: 10/1/92 "doof., YP.,m""'¢" -"b° °"`p1115O718' iF Prnlwmtcnpermmdono(Rvpin,w U.dp^ Far(714)163-9161 Sign Type: Description: Quantity Required: s/f d/f Materials: Colors: Lettering: ❑ Vinyl Die Cut ❑ Raised ❑ Silk Screened ❑ Recessed Other: 6 ROUGH TEXTURE COLOR B SMOOTH TEXTURE COLOR A ilk Aft WHITE REFLECTIVE i VINYL LETTERS MaI?EIS OPEN 9.aM Si t 8'-9 SMOOTH TEXTURE COLOR A O1992 RypinskiDesign Indian Ridge w idea., de.i�.. r gem or' and plum krdiored a r,e—.,.d 6vem ue o.oed by aM R y p i n s k i Sign Program - PHASE FOUR ueih<ProperryofRypirnkirsm; c,sodve.e Design Inc. eared and d-doped for use on and m Sign Type # 13 - TEMP MARKETING SIGN �lun ,.,nen,ns,uIr vspedhedpro;en. ,on Vnun, Sky Park Chcle such idea,deupm,arrargemenu or plvu shall b< used or disclosed i any Peru., firm o WNe,GIRomia 922H SCALE: 1/2" = 1'0" DATE: 10/15/92 —poradw for an,P.,-e u,hes, .er vhlnn Phone:ola)25a718J the uprns.nuen permission of Ryphukl Dr,.,. Fa x:(7 14)263-9168 Sign Type: Description: Quantity Required: s/f d/f Materials: Colors: Lettering: ❑ Vinyl Die Cut ❑ Raised ❑ Silk Screened ❑ Recessed Other: ........................... FOUR SIDED OPTION DOUBLE SIDED OPTION 1/2" Panel Attached 4" COLOR B 2' Hollow Aluminum Tex-Coated Cabinet COLOR A 4' o1992 Rypinski Design Indian Ridge All idea. dniyu, arars<menu and plan,.1 a daepr< o lirm ob.dNr R y pi n s k iSign Program - PHASE THREE 1ile pr f R,mski Dxmn n,an,d Design Inc.nud -d de.ei.pxd for u,e on d )Unwis r„h Oie «dedPro,e<. Nbe 2-A Sty PukCdxSign Type # 15 - BUILDING I.D. .d idea,de" a or pin, il A .Gdm<9D4urcd or d,dmed p<r,on SCALE: 3/4" = 1'0" DATE:9/7/92 —poi.6—ln•,ny p<Rme-kr,a•<•.Irkur Phone:(714)25LL7183 she nprea vrinm permnom of Rip-6 Di,;,., Fix U141261-916e Sign Type: Description: Quantity Required: S/f d/f Materials: Colors: Lettering: ❑ Vinyl Die Cut ❑ Raised ❑ Silk Screened ❑ Recessed Other: ------------------------- FOUR SIDED OPTION 1/2" Panel DOUBLE SIDED OPTION Attached H COLOR B 2' 1 Hollow Aluminum Tex-Coated Cabinet COLOR A LENN:IS COURTS r: CLL©QLFEr Y 4' O 1992 RypinskiDesign Indian Ridge All idra.. d<.i,,., vranpemen�. and plan. indra.<d a rep.e.rmrd berein yr a..ned by arc R y P i n s k i Sign Program - PHASE THREE arrarprop<rr,ofRYP kiD<nR In=.. Design Inc. Sign Type # 16 - PEDESTRIAN DIRECTIONAL —lid nd Ar•r1oP<d or r o and b wni�nNm..b 1R<.p<c r,d pmira Fore d ln52 A$ky Puk(irde, vch�dm,dniw.vrvgemrnv or plan<rball be uud - 6,ri sd . nY Perron frm Irvine 4Llorva9D14 SCALE: 3/4" = 1'0" DATE:9/7/92 wP..6—for an,pmpmrvvum.er.,Jrow PRnnr:014I250.7183 r,rr.,.n r...ro p<rmunorr of R,in.W DruV, Fa:a)141263-9168 Sion Type: Description: -Quantity Required: S/f d/f Materials: Colors: Lettering: ❑ Vinyl Die Cut ❑ Raised ❑ Silk Screened ❑ Recessed Other: 12" WHITE i 16" COLOR A COLOR B Indian Ridge An id,,od ee,isn,, ,..„Iserer, .m pI= R if p i n s k i Sign Program - PHASE FOUR �° '°°�'e,"°°°ek. " °°�°°°"°�° ..e me p.°4 des(aypi°.ki Dr,iuse o ene.ere Design Inc. eaee ."° ee.d°pee t". use o" ."e of Sign Type # 18 - FACILITY SIGN (EXTERIOR) —"°"°°"`,-..,"uiaepr°,eee.°md M52-A Sky Park Grde .ken i or °..ism.u,ugemen""r pl,°.,n,u be SCALE: 3" = 1'0" DATE: 10/1/92 ""° "` °forO1e' ' eoc Jous— r.r or Irvmt(]Itl°"ua9DIA the eure�"m lor ot•°Y purpme.n,u°em.Nmm I'.° 171 1263-9183 14 pre.s vrillen p<rmi.,i°n°(Nvp"I,Iti De,iRn. I-.�',I i I A 1$R l-4I�.i . . ago . �nUktTIJSERLJLFS . • ■ - 1,R9 playwMawstawatappmpraro SMeS. • • ■ - 11PHAHEIBU{FKSOLES ' 2.N1t1fh R¢[SRnS NB wBryruj;,,. - ' a.T3i oie fast m 1ma shall be em s and 1n lest;z availabl2 tVWt h.wa,wg DH#'B/S must lBaH Vt£tt pBt5GR 3[CO W L.. C CW[4:iildy rwtbe haW6ypasper5oa afpne 3 Wfreapersaas eraseaihr."ram 4-play sl?alE be.ledt9C'.w ale hour. �� 4.Noymss mmarmrs arslo natxwph�lamurs s.NDfORnl Slf 85,'bICy41E5�SIt2lahD.. ...f...739 a>LBwB6on;CWr{g 6.No smok np ean�oraar�kmgm courts. • '. 7.No RBlB are allaguBDnama�s ' B,L�hts yuACA Wfei S3:O�R,r+i autamat3cdl[y • • n h v.w/ � 'N✓� / yj l i • � ' Sign Type: Description: Quantity Required: 77 s/f d/f Materials: Colors: Lettering: ❑ Vinyl Die Cut ❑ Raised ❑ Silk Screened ❑ Recessed Other: 10" 6" min 0*0 Indian Ridge ti1 k«., d<.ipu, ,.r<�<v r. and plan. R y p i n s k i Sign Program - PHASE TWO v'� "" ""• ornee""' Design Inc. med°""r—di"ali d P"an"yd p " IASbA Sy Put OdeSign Type # 22 - INFO SIGNS - INT/EXT ln. Irvine.Gil°rv<pU1< pan.0rt firm " SCALE: 3" = 1'0" DATE: 7/24/92 «/p°r<dm t°r.ny pmp°.°WF t$ "<' �i'F°"' Pbo°<:olol anX] the«prrn vnnen permn"°n°(NypmrW Dnign. F,.:I7I4I263 9I68 i ¢ \ l l'T1I'I� T \ — o Ili � —il I I I 1 tvtot Ys1 —'— cc 1 10, 0 3 5YIYlm.smw - +J— rr I _ .I__ .... J .. I i II 0 ILI .� I 11 iolYePl I r atot ill �� nveolsiYv� 17t 1 DEE oil it SS YY wvI 'IN'W I�eVO SwIY301 L IdM 1 �� IOIKbYII - - �1 1VJYIVIOIw I 1 I nvY06 VIAOI YJMIOt.5lOV1 / \ y S .Sw11100 1.01191 O1 SY1m1sx,ol SVInK]IK i I 'K I Via „ 8 gaaclo ao C ky ~• 7m! C .ter SUNRISE COMPANY I Y In p 6WP6ROOM I \ \ ALTEVEM SOCIAT /0 <IATLS a WA— S�LIXNKE / I AUMNSiRAflfkl 4 k I I li I U Al E i I T G MAN ORaK PUUM� I \ I III � a LADIES .5 1 � I j ---_ -- \ � I IIII —/T-7h—-i. caSERS r• — \ / �:./ -friar / tip/�l� f I L X I � \`y� I 6AR F, AN IE SQWRE ilbiAGE6: / h� M VF(MTAL AREA •19100 9 �.. X X\ T>y VERTICAL CA ATON AN MRACE AREAS NO}NCLIAfO i50015 NAn EXi,TERRACE URaiG 1.R50 Sf CWEREU MRACE ORa.' 6109 TOTAL AREA 6O111 lEVEli 16,+60 Y Y UtQefR 593. A2 I 3 z x I no ( � II O . Do��l SUNRISE COMPANY fAlf Cl1l�IOVSf -'.:S..ap w�n 2 4P 4 0�F �g 1 31 Fin Q 1 Fr- i g A. on g FF—I 4' p -- I� r It m P Z 0 Q z D t9 = r�jflh -I m I h• r- 9 qIl' 9 H 4 Z I•, � § Z SUNRISE COMPANY g G fAl!«NIIOIIS[ yE yV`�as�t y T YX 4 4 =f O wN • c 6$ p9 / 4 tj its a L Ell I o t�1 �_ �. .. li • �I gg0 N — — ; n MR, m 9 ~ (° 0 4§ Z. Z j� r p r' SUNRISE COMPANY TEp� � .'.� N 2 7I IIK1=a11�1(lyti I {ty_ yYy �5� �T L LOlI C1U110VS[ AdEftk� " SUNUSE COLONY COMPANY RECEIVED October 30, 2000 OCT 3 0 2000 COtf.MUNITY DEYELOPtdEtfi DEPAFMiEt4T CRY OF PAW DESERT Mr. Steve Smith City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92211 Re: Indian Ridge Country Club Prototype Homes Dear Steve: As you know, we intend to build up to nine "prototype" homes at Indian Ridge Country Club to gain experience with some new plans for our next community. We have done this successfully in the past — as an example, we built prototypes for PGA West at The Lakes Country Club in Palm Desert. These homes will not be models. We will treat them as semi-custom homes and sell them when they are completed. Under the Indian Ridge CC&Rs, Sunrise Colony, as the project developer, is exempt from architectural control requirements. However, we are confident that these homes will be architecturally compatible with the Indian Ridge community. Please call me if you have any questions. Thanks for your assistance. Very truly yours, Phillip K. Smith, Jr. President Coachella Valley Division PKS:cd 300 Eagle Dance Circle, Palm Desert, California 92211, Telephone (760) 772-7227, FAX (760) 772-7288 Builder of America's Finest Cou»try Club Communities l +Paf.Arm' own qO"© f�3 w l '� 1 5►'. ®. :�EiF•t" '_ i. 9 _z F !� l •.. uNiL�.����r• _r.h.ptr _ �.e=:�i � �i� a 1S"r' f .`� ;.��"r?4].. _.-� y r "��p inli 1F 0 a a• Y � f, b PIN 1.1 mill �i�. y. n, r yi��_rtaw ;w 7 � •�;, w- � * _� _Yk� �'C: .1:4. � ua(�. �� �.� � � ;.,� � -z y -,.�•- SUNUSE COMPANY JUNI 2 2 1992 WMMBNCITY OF ( OES( EPRM(NT DRT(PARTMFNT June 22, 1992 Mr. Ray Diaz Director.of Community Development and Planning CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: Indian Ridge Country Club (Tract No.26123) Temporary Fencing of Project Perimeter Dear Mr. Diaz, As is typical with large-scale projects, Indian Ridge Country Club will be constructed in phases. As part of our initial phase, Sunrise Company intends to construct the perimeter wall along the entire length of Country Club Drive (1 mile), southerly along Eldorado Drive (approximately 1,000 feet), and southerly along Oasis Club Drive (approximately 3,000 feet) as shown on the attached drawing. Since we wish to secure the entire project perimeter, we respectfully request permission to construct temporary chain-link fencing along the remainder of the project boundary, i.e., southerly along the remainder of Oasis Club Drive (approximately 2,300 feet), along 42nd Avenue (1 mile) and southerly along Eldorado Drive (approximately 4,300 feet). The attached drawing also indicates the locations of the proposed chain-link fencing. The chain-link fence will be removed and replaced by the perimeter wall as construction extends into these areas. We will be grading the project in two phases, therefore, we additionally wish to construct chain-link fence along the interior limits of the Phase I grading line and/or the South Golf Course, as appropriate and as also indicated on the attached drawing. The fence will keep the subcontractors from disturbing this area and creating a dust control problem. 42-600 Cook Street, Suite 200, Palm Desert, California 92260, Telephone (6I9) 568-2828 Builder of America's Finest Country Club Communities Mr. Ray Diaz City of Palm Desert June 22, 1992 Page 2 We propose to construct our temporary construction yard on 42nd Avenue at the westerly end of the existing pavement, across the street from the Oasis Country Club's golf course maintenance building. We request permission to also enclose this facility with chain-link fencing. If you have any questions, or would like any additional information, please do not hesitate to contact me. Sincerely, SUNRISE COMPANY Allan R. Levin Vice President, Engineering ARL/ta cc: Phillip K. Smith, Sunrise Company Gary Berger, Sunrise Company A ALLAN LEVIN ASSOCIATES June 16, 1997 Development&Construction Management•Civil Engineering Mr. Steve Smith Senior Planner City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca 92260 RE: INDIAN RIDGE COUNTRY CLUB - TIME EXTENSION FOR TEMPORARY USE PERMITS FOR DESIGN CENTER OFFICES AND FOR FIELD CONSTRUCTION COMPLEX Dear Mr. Smith: On behalf of Sunrise Company, I respectfully request that the City approve a one year time extension to July 13, 1998, for the Temporary Use Permits for the De- sign Center Offices and for the Field Construction Complex. These permits were approved on July 13, 1992, and were valid for an initial two year period (to July 13, 1994) with provisions for additional one year extensions on the approval. The Indian Ridge Country Club project presently is constructing an additional nine holes of golf, a new model complex consisting of seven buildings, one phase of ten production units, and anticipates applying within the next few weeks for another 50 building permits for the next phases of construction. Therefore, they will need to continue to use the Design Center and Field Construction fa- cilities. These facilities were designed for their present locations to be functional throughout the multi-year construction buildout of the project. If you have any questions, or require any additional information in order to ap- prove this request, please contact me immediately. Please notify me once the time extension has been approved in order that we may keep our files and records up to date. Thank you for your cooperation and expeditious handling of this request. Sincerely, y� 04�,/ f CITY OF PALRTAIE4 C�ESERT ` DEPARTMENT OF COMMUNITY DEVELOPMENT Allan R. Levin APPROVED BY: ❑C.C.RES.No SC.RES.NO.= ATAFFLETTER BY cc: Jack Conlon - Sunrise Company / RC ACTION FORM — � NSHALL COMAE O h ONE YEEAR AROF OF THS APPPOYAL. MTIAI 76-768 Bishop Place•Palm Desert,CA 92211 •(760)345-0058 Voice/FAX City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619) 346-0611 FAX(619)341-7098 January 17, 19 7 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO.: TT 26123 APPLICANT (AND ADDRESS): ALTEVERS ASSOCIATES for INDIAN RIDGE COUNTRY CLUB, The Aventine, Suite 250, 8910 University Center Lane, San Diego, CA 92122; HORTON SHEPARDSON ASSOCIATES, 42-575 Melanie Place, Suite S, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of final architectural and landscaping plans for clubhouse facility LOCATION: Indian Ridge Country Club ZONE: PR-5 Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission granted final approval to the landscape and architectural plans as submitted for the clubhouse. Date of Action: January 14, 1997 Vote: Carried 6-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen(15) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. Rery lw Pa'.r MINUTES ARCHITECTURAL REVIEW COMMISSION JANUARY 14, 1997 planted in a lawn,the cape honeysuckle on the south side of the building will fry,the acacia aneura in the parking lot is not an approved parking lot shade tree, and the star jasmen is not appropriate. Commission urged the applicant to obtain the service of a professional landscape architect. Action: It was moved by Commissioner Connor, seconded by Commissioner Van Vliet, to continue the case. Motion carried 6-0. 6. CASE NO.: TT 26123 APPLICANT (AND ADDRESS): ALTEVERS ASSOCIATES for INDIAN RIDGE COUNTRY CLUB,The Aventine, Suite 250, 8910 University Center Lane, San Diego, CA 92122;HORTON SHEPARDSON ASSOCIATES, 42-575 Melanie Place, Suite S, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of final architectural and landscaping plans for clubhouse facility LOCATION: Indian Ridge Country Club ZONE: PR-5 Mr. Buchanan reviewed the plans indicating they were similar to the sports club. Commission reviewed the architecture and landscaping plans. Action: It was moved by Commissioner Van Vliet, seconded by Commissioner O'Donnell, to grant final approval to the landscaping and architectural plans for the clubhouse at Indian Ridge Country Club. Motion carried 6-0. B. Preliminary Plans: 1. CASE NO.: PP 96-13 APPLICANT (AND ADDRESS): CARDIFF LIMOUSINE, 77-700 Enfield Lane, Suite B,Palm Desert, CA 92211 5 CoRty of Pa0m 0638VI 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX(619)341-7098 January 10, 1996 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO. : TT 26123 APPLICANT At ADDRESS : ALTEVERS ASSOCIATES for INDIAN RIDGE COUNTRY CLUB(, Aventine, Suite 250, 8910 University Center Lane, San Diego, CA 92122; HORTON SHEPARDSON ASSOCIATES, 42-575 Melanie Place, Suite S, Palm Dessert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of preliminary architectural and landscape plan for clubhouse LOCATION: Indian Ridge Country Club ZONE: PR-5 ----------------------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission approved the preliminary architectural and landscape plans for the clubhouse as submitted. Date of Action: January 9, 1996 Vote: Carried 6-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen ( 15) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval . ) ----------------------------------------------------------------- STAFF COMMENTS : It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES; In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9 : 00 a.m. the Monday eight days prior to the next meeting. a Paper aeoe� MINUTES ARCHITECTURAL REVIEW COMMISSION JANUARY 9, 1996 5 . CASE NO. : TT 27770-1 TT 23239 APPLICANT (AND ADDRESS) : SHEFFIELD WHITEHAWK LLC, 3400 Central Avenue, Suite 325, Riverside, CA 92506 NATURE OF PROJECT/APPROVAL SOUGHT: Final landscape working drawings for new phase of Whitehawk LOCATION: Whitehawk - south side of Country Club Drive between Washington Street and Oasis Club Drive ZONE: R-1 8,000 Steve Smith reported that Eric Johnson had reviewed the landscape plans and requested bender board instead of the proposed border. He also indicated that the plan was over planted with shrubs . Mr. Smith indicated that Commissioner Connor had also noted some concerns on the plan. Action: It was moved by Commissioner Connor, seconded by Commissioner Urrutia, to approve the landscape plan subject to compliance with Eric Johnson and Wayne Connor' s noted conditions to the satisfaction of staff. Motion carried 5-0-1, Chairman Gregory Absent. B. Preliminary Plans : 1 . CASE NO. : TT 26123 ) APPLICANT (AND ADDRESS) : (ALTEVERS ASSOCIATES if or WNDIAN TIDGE COUNTRY CLUB CLUBHOUSE; Aventine, Suite 250, 8910 University Center Lane, San Diego, CA 92122; HORTON SHEPARDSON ASSOCIATES, 42-575 Melanie Place, Suite S, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of preliminary architectural and landscape plan for clubhouse LOCATION: Indian Ridge Country Club ZONE: PR-5 4 MINUTES ARCHITECTURAL REVIEW COMMISSION JANUARY 9, 1996 Steve Smith presented a colored schematic of the clubhouse and indicated that Eric Johnson had reviewed the landscape plans and found the plant pallet acceptable. Action: It was moved by Commissioner Van Vliet, seconded by Commissioner O'Donnell, to approve the preliminary architectural and landscape plans for the clubhouse as submitted. Motion carried 6-0. 2 . CASE NO. : PP 94-7 APPLICANT (AND ADDRESS) : THE NADEL PARTNERSHIP, INC. for LUCKY STORES, 1990 So. Bundy Drive, Fourth Floor, Los Angeles, CA 90025 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of amended preliminary approved elevations LOCATION: Northeast corner of Highway 111 and Deep Canyon Drive ZONE: P.C. (4) Steve Smith presented the approved elevations for the Lucky Store along with the proposed revised elevations . The applicant, Sean Robert, added that they are also asking for approval of the iron work at the entries. He indicated that it was his understanding that the iron work would actually be wood. Commissioner Urrutia asked about the site plan insuring that the berming was still accurate. Mr. Robert noted that there is a condition of approval that states that the structure had to be sound proofed. Mr. Smith indicated that the applicant needed to supply something from a acoustical engineer stating what the sound lever will be. Commissioner Urrutia felt that the revised elevations were an improvement but had some concerns . He felt that the side elevations needed some undulation to help break up the site line. Commissioner Urrutia added that the west elevations facing Deep Canyon Drive should be extended more. He added that a detailed landscaping plan 5 CRY ®f Palm 0838ra 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX(619)341-7098 November 29 , 1995 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO. : TT 26123 APPLICANT (AND ADDRESS) : ALTEVERS ASSOCIATES for SUNRISE COMPANY, The Aventine, Suite 250, 8910 University Center Lane, San Diego, CA 92122 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of architecture and landscaping plans for clubhouse facility LOCATION: Indian Ridge Country Club ZONE: PR-5 ----------------------------------------------------------------- The item was withdrawn at the applicant' s request. Date of Action: November 28, 1995 Vote: Carried 4-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen ( 15) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval . ) ----------------------------------------------------------------- STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES; In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9 : 00 a.m. the Monday eight days prior to the next meeting. RBeydetl Paper MINUTES ARCHITECTURAL REVIEW COMMISSION NOVEMBER 28, 1995 B. Preliminary Plans : 1 . CASE NO. : PP 86-28 Amendment #1 APPLICANT (AND ADDRESS) : FESTIVAL MANAGEMENT CORPORATION for THE OASIS, 1725 Cloverfield Blvd. , Santa Monica, CA 90404 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of revised elevations LOCATION: Northwest corner of Highway 111 and Town Center Way ZONE: P.C. (3) Steve Smith presented the revised plans noting that it was the elevation for the building facing Highway 111 . He noted that the council had shared the commission' s earlier concerns and this plan was the response to those concerns . Mr. Drell noted that the grade drops down in this area and would block most of the landscaping. Commissioner O'Donnell asked how the lighting would be controlled. Mr. Smith felt this would not be a concern because the roof extends 5 ' out over the building, and therefore the lighting does not have a clear shot to the sky. Action: It was moved by Commissioner Holden, seconded by Chairman Gregory, approved the revised street side elevations for Major 2 . Motion carried 4-0 . 2 . CASE NO. : 7T _26T231 APPLICANT (AND ADDRESS) : ALTEVERS ASSOCIATES for SUNRISE COMPANY, The Aventine, Suite 250, 8910 University Center Lane, San Diego, CA 92122 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of architecture and landscaping plans for clubhouse facility LOCATION: Indian Ridge Country Club 6 4^ .j MINUTES ARCHITECTURAL REVIEW COMMISSION NOVEMBER 28, 1995 ZONE• PR-5 The item was withdrawn from the agenda at the applicant' s request. IV. MISCELLANEOUS: Commission directed staff to review the brightness of the neon sign at Indian Wells Hair Salon on the north side of E1 Paseo just east of Portola Avenue as they felt that it was too bright. Commission discussed their concerns again with the lack of screening of the roof mounted equipment on the library under construction on the C.O.D. campus . Mr. Drell stated that he would have plans from the Redevelopment Agency at the next meeting showing their solutions . V. ADJOURNMENT: The meeting was adjourned at 1 : 05 p.m. J7 -'7 STEVE SMITH ASSOCIATE PLANNER SS/db 7 C ORY A palm nasan 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX(619)341-7098 July 29 , 1994 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO. : TT 26123 APPLICANT (AND ADDRESS) : SUNRISE CORP. for INDIAN RIDGE COUNTRY CLUB, 42-600 Cook Street, Suite 200, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of architectural plans for new model "Palo Verde" LOCATION: South side of Country Club Drive between Eldorado Drive and Oasis Club Drive --------------------------------------- -------------- --------- Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission, by minute motion, approved the revised site plan and architectural plans for the new model as submitted. Date of Action: July 26, 1994 Vote: Motion carried 6-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen ( 15) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval . ) ----------------------------------------------------------------- STAFF COMMENTS : It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES; In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9 : 00 a.m. the Monday eight days prior to the next meeting. dill Recycled Paper �H MINUTES ARCHITECTURAL REVIEW COMMISSION JULY 26, 1994 r,r*ww*,r***r**r*,r***,►*,►,r*«*,t,rw**r,rrr«**r,rr,r,r,r,r*,r**w,rf*,r*wr**wr**ww I. CALL TO ORDER: The meeting was called to order at 12 : 30 p.m. Commissioners Present: Current Meeting Year to Date Present Absent Present Absent Richard Holden X 20 1 Frank Urrutia X 19 2 Chris Van Vliet X 20 1 Wayne Connor X 21 0 Richard O'Donnell X 16 5 Ronald Gregory X 18 3 Staff Present: Steve Smith Phil Drell Jeff Winklepleck Steve Buchanan Daisy Garcia Donna Bitter II . APPROVAL OF MINUTES: It was moved by Commissioner Van Vliet, seconded by Commissioner Connor, to approve the minutes of the July 12, 1994 meeting as submitted. Motion carried 5-0-1, Commissioner O'Donnell Abstaining. III . It was moved by Commissioner Urrutia, seconded by Commissioner O'Donnell, to approve the following cases by minute motion. Motion carried 6-0. A. Final Drawings 1 . CASE NO. : 4332 SA APPLICANT (AND ADDRESS) : DANA B. CARNES for MORNING STAR LEARNING PROGRAM, 43-550 Palmilla Circle, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of boulder with business identification signage LOCATION: 74-015 Aster Drive ZONE: R-1 MINUTES ARCHITECTURAL REVIEW COMMISSION JULY 26, 1994 Steve Smith reported that he and Eric Johnson met with the applicant earlier and the plan before the commission today incorporated changes discussed at that meeting. i.. Commission approved the revised landscape plan as submitted. Motion carried 5-0-1, Chairman Gregory Abstaining. 4 . CASE NO. : (TT 26123 APPLICANT (AND ADDRESS) : (SUNRISE CORP.' for (INDIAN RIDGE (COUNTRY CLUB, 42-600 Cook Street, Suite 200, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of architectural plans for new model "Palo Verde" LOCATION: South side of Country Club Drive between Eldorado Drive and Oasis Club Drive Steve Smith presented the plans for the Palo Verde model noting the actual plan had already been approved, however, the applicant is changing the site plan of this unit adding a yard on each side of the house. Commission approved the revised site plan and architectural plans for the new model as submitted. B. Preliminary Plans : 1 . CASE NO. : CUP 94-11 APPLICANT (AND ADDRESS) : DRS. FRANK AND JANET KERRIGAN, 40-100 Washington Street, Bermuda Dunes, CA 92201 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of landscape and architectural plans for 5794 square foot medical office LOCATION: 44-575 Washington Street ZONE R-3 2 ,000 Jeff Winklepleck presented the plans noting that the landscape plans were conceptual and outlined recommendations made by Eric Johnson. Commissioner Connor questioned the tree groupings to the north. Mr. 3 o • .(�N,_�J� � a SUNRISE COMPANY November 4, 1993 Mr. John M. Wohlmuth Assistant to the City Manager CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: INDIAN RIDGE COUNTRY CLUB BUS SHELTER Dear John, This letter is in response to your transmittal to me of an offer from Richard Cromwell at Sunline Transit Agency to remove the bus shelter and pay Sunrise Company $8,000 in cash (or up to $12,000 in advertisement trade). Sunrise Company finds this offer extremely inadequate in light of the monies expended by Sunrise Company in order to accommodate the City's request for the installation of a bus shelter and turnout in front of Indian Ridge Country Club. Sunrise Company expended approximately $40,000 in re-engineering the existing curb to accommodate the bus turnout; re-designing our perimeter landscaping to include retaining walls to accommodate the bus shelter; removing and replacing the existing curb and asphalt with concrete for the bus turnout; extending utility service to the bus shelter for lighting and future telephone service; constructing the bus shelter itself; and providing the bench and other accessories for the shelter. This does not even take into account the cost to Sunrise for contract administration and field supervision for the construction of the improvements. We do not wish to see the bus shelter removed but rather, would prefer to see bus service extended along Country Club Drive to make use of this accommodation. With the residential improvements along Country Club Drive over the past several years, including The Lakes Country Club, Desert Falls Country Club, Palm Valley Country Club, Indian Ridge Country Club, Regency Palms, Regency Estates, and White Hawk we feel that there is a sufficient number of both residents and service personnel to warrant bus service along this corridor. Rather than enter into a discussion of reimbursement costs, we respectfully request that the City exert influence on Sunline Transit Agency to provide bus service on Country Club Drive from Cook Street to Washington Street and thereby use the bus shelter for the purpose the City initially requested Sunrise Company install it. If you would like to arrange a meeting to discuss this matter further, please do not hesitate to give me a call. 42-600 Cook :, Suite 200, Palm Desert, California 92211, Rs , zone (619) 568-2828 Builder of America's Finest Country Club Communities Mr. John M. Wohlmuth November 4, 1993 Page 2 Thank you for your cooperation on this matter. Sincerely, 4 Ilan R. Levin Vice President, Project Planning and Development ARL/ta cc: Briucw_Allman._City_Mannger, City of Palm Dcscrt��_` Ray Dial, Community Dcvclopmcnl DirccUir/Assistant City Ivlanagcr .lack Conlon, Sunrise Company- Phillip K. Smith, Sunrise Company Jerry Trammer, Sunrise Company c:�roNrrn�nusm:rtt?.utc MINUTES ARCHITECTURAL REVIEW COMMISSION FEBRUARY 23, 1993 I . CALL TO ORDER: The meeting was called to order at 12 : 15 p.m. Commissioners Present: Current Meeting Year to Date Present Absent Present Absent Rick Holden X 9 1 Frank Urrutia X 8 2 Chris Van Vliet X 10 0 Wayne Connor X 9 1 Richard O'Donnell X 8 2 Ronald Gregory X 9 1 Staff Present: Phil Drell Steve Smith Phil Joy Jeff Winklepleck Steve Buchanan II . APPROVAL OF MINUTES : It was moved by Commissioner Van Vliet, seconded by Commissioner Holden, to approve the minutes of the February 9, 1993 meeting as submitted. Motion carried 5-0 . III . It was moved by Commissioner Connor, seconded by Commissioner O'Donnell, to approve the following cases by minute motion. Motion carried 5-0. A. Final Drawings : 1 . CASE NO. : CTT_ 26123) APPLICANT (AND ADDRESS) : DESERT PARTNERS' for (INDIAN RIDGE COUNTRY CLUB; 42-600 Cook Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of Grill Pavilion and Sports Club _ LOCATION: Country Club Drive between 42nd Avenue, E1 Dorado Drive and Oasis Country Club ZONE: PR-5 Steve Smith presented plans noting that the only change from the approved preliminary plans was that the roof mounted equipment for the Sports Club was now placed on the ground. Mr. Buchanan noted that the equipment ,is h � MINUTES ARCHITECTURAL'REVIEW COMMISSION FEBRUARY 23, 1993 fenced in and was acceptable. Commission approved final plans for grill pavilion and sports club as submitted. 2 . CASE NO. : 4090 SA APPLICANT (AND ADDRESS) : AMATO, LE WINTER & ZOLT, INC . , 73-061 E1 Paseo, Suite 210, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of business identification signage LOCATION: 73=061 El Paseo Drive, Suite 210 ZONE: C-1 S.P. Jeff Winklepleck presented pictures and drawings of signage to be placed on the second story. Commission approved the signage as submitted. 3 . CASE NO. : 4093 SA APPLICANT (AND ADDRESS) : SPEEDY SIGN-A-RAMA for DR. BRIAN GOLDFINE, 68-555 Ramon Road, Suite D-105, Cathedral City, CA 92234 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of business identification signage LOCATION: 73-020 El Paseo ZONE: C-1 S.P. Jeff Winklepleck presented drawings noting that the applicant was proposing a black text on a white background. The question staff had was whether the commission wanted an office sign lit at night. Mr. Winklepleck noted that the sign would be facing Monterey Avenue and the office would be open at night. Commission approved the signage as submitted. 4 . CASE NO. : 4092 SA APPLICANT (AND ADDRESS) : BEST SIGNS, INC. for CHAMPION INSTITUTE OF COSMETOLOGY, 2600 So. Cherokee Way, Palm Springs, CA 92264 2 OFFICE OF GERALD A. MALONEY �y�,�o N„a2pF CLERK OF THE BOARD OF SUPERVISORS CLERK OF THE BOARD 14fh FLOPR, COUNTY ADMINISTRATIVE CENTER NANCY J. ROMERO J Sj 4080 LEMON STREET ASSISTANT CLERK OF THE BOARD O O RIVERSIDE CA 92501-3655 BONITA L. NADLER (714) 275-1060 '4 RECORDS MANAGER FAX: (714)275-1071 GLORIA J. SCHAEFFER DEPUTY CLERK OF THE BOARD 0 r. 4jNfRN 4\10. January 2E, 1991 JAN 1gg1 City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, CA 92260 To whom it may concern: As required by CEQA, section 21152, we are returning the Negative Declaration(s) and/or Notice(s) of Exemption and Determination you have filed with our office. Please note there are two dates. One being the date received, the other returned. Each Negative Declaration has been posted in our office for at least 30 days. We will no longer have these documents on file, but will, however keep all posting periods on record. Sincerely, Kecia R. Harper, Deputy GERALD A. MALONEY, CLERK OF THE BOARD GAM/KRH:clj L` NOTICE OF DETERMINATION Negative Declaration TO: (X) Clerk of the Board of Supervisors (X) Secretary for Resources County of Riverside 1416 Ninth St. , Rm 1311 4080 Lemon Street Sacramento, CA 95814 Riverside, CA 92502 FROM: CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title/Common Name: Indian Ridge Country Club Vesting TT 26123 and PP 90-21 Date of Project Approval : December 13, 1990 State Clearinghouse Number ( if submitted) : SCH 90021039 Contact Person: Steve Smith Project Location: Section 11, T5S R6E Project Description: Residential/condominium development with two 18 hole golf courses. This is to advise that the City of Palm Desert has made the following determinations regarding the above described project: 1. The project ( ) will, (X) will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared in connection with this project pursuant to the provisions of CEQA. X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the Negative Declaration may be examined at the above city hall. address. 3 . Mitigation measures (X) were, ( ) were not, made a condition of the approval of the project. 4. A statement of Overriding Considerations ( ) was, (X) was not, adopted for this project. CLERK OF THE BOARD lam_ tveg��taNNte O21,5 natipn Per P.R.C.21152 i n ure I I Title PMTEd "�An n OF SUPERVISORS oEC211990 Date Recei Tf rn lit JAN 2 1 199 l— Remava 1 —�eAtr� D F r 1 1990 �untYdRiveralde,&at4- Calitpre ' OEM D MALONEY C K01 OF SUPERVMM n A w BY SENT BY:Xerox Telecopier 7020 ; 9— 6-91 ; 4:24PM ; LANDSCAPE ARCH. - 6193400574;# 2 SUNRISE COMPANY June 1, 1990 Mr. Bruce Altman City Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Indian Ridge Country Club Dear Bruce: opportunity DickpFolkersdlast F the iday odscu discuss our Indianat with uRidgee Ray Dias and i would like to summarise my understanding of the tentative agreement we reached at that meeting. I. We will agree that our 640 &ors Indian Ridge parcel -- now located in the County, but to be annexed to Palm Desert - - will participate in the proposed Mello-Roos community facilities district for Cook Street improvements. our maximum obligation in the Mello-Roos district will be $1, 687,712. This amount was computed as follows, based on the M. F. Whipple report dated May 131 1990: 640 acres X .65 (factor for property in Zone F) X $4,057 (cost per adjusted acre) w $1,687,712. 2.. Any Transportation Uniform Mitigation Fee (TUMF) paid in connection with the project will be credited against the Mello-Roos obligation. 3. We will advance $50,000 as 1good money" for the formation Of the Mello-Roos district. This amount may be recovered out of Mello-Roos bond proceeds. 4. We will design our project to retain a 100 year storm on site. When the City's drainage study is completed and a drainage fee per acre is established applicable to our property, we will be given a fair and equitable credit against the fee. Thus, we will pay a reduced fee allocable only to those "regionalm drainage facilities 42.600 Cook Street, Suite 200, Palm Desert California 92260, TelePBane(619)968.2828 SENT BY:Xerox Telecopier 7020 0 9- 6-9i ; 4:24PM LANDSCAPE ARCK, 6193400574;# 3 Page Z which will be necessary regardless of the design of our project. This approach is similar to the one used by the city in establishing the drainage fee for Karriottis Desert springs Resort i spa. 5. We will proceed with the annexation of our property to the City of Palm Desert, pre-annexation zoning, precise plan and vesting tentative map, along with a pre-annexation and development agreement to confirm the matters covered in this letter. 6. The City will cooperate with us in "fast track" processing of our applications and will assist in expediting LAFCO processing of the annexation. Please let as know if you have any questions or if my understanding of our tentative agreement is different from yours. I would appreciate your obtaining the approval in concept of this agreement from your City Council. We will then be in a position to make our filing for annexation and the various approvals. Thanks again for your assistance. We look forward to working with you and your staff and to developing this exciting project in the City of Palm Desert. very ly yours, i / �, Phillip K. smith, Jr. Executive vice president PKSsmm SENT BY:Xerox Telecopie'r 7020 ; 9- 6-91 ; 4:23PM LANDSCAPE ARCK, 61934005744 1 TRAOITTAL COVER SHEET 'RECEIVE® +■� DATE; Sept. 6, 1991 SUM SE SEP 91991 NUMBER OF PAGES: 3 (including cover)fAMM0NyEE ARE�CIT0FPAIM�SERT SENT TO:. Ray Diaz OMM gy= Allan Levin COMPANY NAME: City of Halm Desert DEPARTMENT: LANDSCAPE ARCHITECTURE PAZ NO. : 340-0574 PAI NO: (619) 773 9315 TELEPHONE NO, : 346-0611 TELEPHONS NO: (619) 341 1500 TELECOPIER OPERATOR: r,s,►,r,r�,r,►�**�+r,r,t,►,:r**r*�,r,r,r,►r,:+re,t,►r****t**,r,e,e*,t*r�*,r**,:>t*r#**a,t,tr*,ttF,e**,t,t>�>k* REGARDING: INDIAN RIDGE COUNTRY CLUB - Tract No. 26123 Copy of letter dated June 1, 1990 from Phil Smith (Sunrise Company) to Bruce Altman regarding Development Agreement. If you do not receive all the pages, please call back as soon as possible at (619) 341 1500 and ask for the telecopier operator listed above. 42.600 Cook Street, Sits 200, Palm Desert, California 92260, Telephone (619)568-2818 Builder of Amenea'e Finest Country Club c mmuuleq, SUNZUSE COMPANY April 8, 1993 Mr. Clyde Chittenden Battalion Chief RIVERSIDE FIRE DEPARTMENT 70-801 Highway 111 Rancho Mirage, CA 92270 Dear Mr. Chittenden: As per our conversation on April 7, 1993, 1 am forwarding this written agreement that no hazardous materials shall be placed or stored at the Indian Ridge Golf Maintenance Facility until the following steps have been taken. 1. A complete hazardous material business plan (including a detailed chemical inventory disclosure packet) shall be forwarded to you or your appointed representative for review. 2. A facility walk through with you or your appointed representative will be scheduled for confirmation purposes on chemical storage areas and category placement. I look forward to meeting with you again in our ongoing effort to make a safer working environment for all. Sincere Bob Reed Director of Safety Sunrise Company BR:tm 0 dp/65 �o Iy1iKE' /YJCedvA.aF'L� - .. . - B/dG UiORfr{�$ r.�A�� 62Anf�S STEUE Si»lT/-� �7 Cary of P�m �c-SF2� A �nf: 42-600 Cook Street, Suite 200, Palm Desert, California 92260, Telephone (619) 568-2828 Builder of America's finest Country Club Communities 0,1!12.i93 11:39 CODES FIRE MARSHAL P.01 SUMSE COMPANY April 81 1993 Mr. Clyde Chittenden Battallon Chief RIVERSIDE FIRE DEPARTMENT 70.801 Highway 111 Rancho Mirage, CA 92270 Dear Mr. Chlttenden: As per our conversation on April 7, 12W, I am forwarding this written agreement that no hazardous materials shall be placed or stored at the Indian Ridge Goff Maintenance Facility until the following steps have been taken. 1. A complete hazardous material business plan (including a detailed chemical Inventory disclosure packet) shall be forwarded to you or your appointed representative for review. 2. A facility walk through with you or your appointed representative will be scheduled for confirmation purposes on chemical storage areas and category placement. 1 look forward to meeting with you again in our ongoing effort to make a safer working environment for all. Sinter Bob Read Director of Safety Sunrise Company V BR:tm B/�cct�'dAR6a4S wAt?' t5R^�QPS �9Qiry of F>d�r» Q�s�.atr ft-tl'n/: S7'�'UF. 5in/T!a 02.600 Cook Street, Wta 200, Palm Desert, California 92260, Telephone (619)568.2828 904er of Amerteai Finest Counhy Club Communihee MEMORANDUM 6 lb CITY OF PALM DESERT TO: Art In Public Places Selection Subcommittee FROM: Catherine Sass, Community Arts Manager DATE: July 22, 1992 SUBJECT: Indian Ridge Art in Lieu Proposal Please find attached correspondence from Jerry Trammer of Sunrise Company. I would like to advise him, unless there are concerns from the Committee, that the signage matter can be handled at Architectural Review by Frank Urrutia and Wayne Connor. Please advise me immediately if this procedure is objectionable. Have a wonderful summer! INTEROFFICE MEMORANDUM CITY OF PALM DESERT TO: Bruce Altman, City Manager a nd-,Cj.ty Council FROM: Catherine Sass, Community Arts Manager C4- DATE: July 20, 1992 SUBJECT: Art in Public Places/Indian Ridge Art in Lieu Proposal On July 13, 1992, the Civic Arts Committee reviewed and approved a .proposal by Artist Otto Rigan and Sunrise Company for the entry way of Indian Ridge Development to satisfy the requirement of Ordinance 673. The approval was conditional, based on an agreement with the t the developments A. I .p. p. tf review and comment and that the landscape tor o tage proposal will e brought to lan be re- looked at by the developer to provide for better integration of the artwork. The approval is subject to a fifteen day appeal period. Please notify myself or Sheila Immediately should there be any concerns regarding this proposal or approval . SUNRISE COMPANY July 22, 1992 Faxed Ms. Catherine Sass Mail Follow-up Community Arts Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Re: Your letter of July 17, 1992 to Allan Levin Dear Ms. Sass: Thank you for copying me with your letter to Allan Levin. The assistance that you and your staff have rendered in helping us to expeditiously process our Art In Public Places submittal is certainly appreciated. I find myself somewhat confused by a minor discrepancy between our telephone conversation of Thursday, July 16 and the content of your letter. My notes indi- cate that when we spoke on the phone, you advised me that the recommenda- tions for approval issued by both the Art In Public Places Selection Subcommit- tee and the Civic Arts Committee were unconditional and that at the request of the bodies, we (Sunrise) had agreed to informally review our signage placement and landscape concepts with them at a later date. It is our understanding that neither of your committees have scheduled a meeting for August of this year. Because our development schedule requires that we open our models on Thanksgiving weekend, I am concerned that a delay in obtaining final approval of our submittal until September will endanger our ability to adhere to that schedule. In point of fact, we have authorized our sculptor to proceed at this time, anticipating an unconditional City Council approval at their August 13 meeting. 42-600 Cook Street, Suite 200, Palm Desert, Califomia 92260, Mephone (619) 568-2828 Builder o/Americas Finest Country Club Communities Ms. Catherine Sass July 22, 1992 Page 2 Our final signage design and landscape working drawings must be submitted to the City's Architectural Review Committee for their approval before we proceed with construction of those features. Since several of the ARC members also serve on the Arts Committees, we are hopeful that we can coordinate the signage and landscaping issues regarding our planned Art In Public Places installation without delaying our schedule. I will appreciate your thoughts on this matter. Thank you for your assistance. Very truly yours, TYesident Vice d Manager oject Planning and Development COPY THE CITY OF PALM DESERT INTEROFFICE MEMORANDUM TO: Council Member Buford Crites FROM: Eric A. Johnson, Landscape Specialist SUBJECT: INDIAN RIDGE LANDSCAPING DATE: May 5, 1992 On April 5, 1992, I met with Mike Hoorton, landscape architect for the above project to review the landscape and irrigation plan. I was surprised and pleased on how far they had come in developing a philosophy in water conservation, use of water—efficient plant palettes and considerations in reducing turf areas. Sunrise Corporation has built and landscaped six homes near the PGA course in La Quinta that reflect their new trends. It would be useful for us to review those models to get first hand input on their direction. Please let me know what you think. ERIC A. JOI SON cc: Richard Folkers eeve Smith EJ/lw C ONV off rdum o 0 0I i 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260-2578 TELEPHONE(619)346-0611 FAX(619)340-0574 February 26 , 1993 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO. : TT 26123 APPLICANT (AND ADDRESS) : SUNRISE DESERT PARTNERS for INDIAN RIDGE COUNTRY CLUB, 42-600 Cook Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of Grill Pavilion and Sports Club LOCATION: Country Club Drive between 42nd Avenue, E1 Dorado Drive and Oasis Country Club ZONE : PR-5 ----------------------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission granted final approval, by minute motion, to the grill pavilion and sports club plans . Date of Action: Carried 5-0 Vote: February 23, 1993 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen ( 15 ) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval . ) ----------------------------------------------------------------- STAFF COMMENTS : It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES; In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9 : 00 a.m. the Monday eight days prior to the next meeting. t 6 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260.2578 TELEPHONE(619)346-0611 FAX(619)340-0574 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO: TT 26123 APPLICANT (AND ADDRESS) : SUNRISE DESERT PARTNERS for INDIAN RIDGE COUNTRY CLUB, 42-600 Cook Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of overall landscape plan LOCATION: Country Club Drive between 42nd Avenue, El Dorado Drive and Oasis Country Club ZONE: PR-5 --------------- ------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission by minute motion approved a combination of landscape plans to be used on an on-going basis until and unless the concept changes . Date of Action: December 22 , 1992 Vote : 3-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen ( 15) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval . ) ----------------------------------------------------------------- STAFF COMMENTS : It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES; In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9 :00 a.m. the Monday eight days prior to the next meeting. MINUTES ARCHITECTURAL REVIEW COMMISSION DECEMBER 22, 1992 ++***�****+**�,r***�,►r**�*,t*******�,t,t+*,r,t,tr*******,t,t*,t,tr**r**+++*• I . CALL TO ORDER: The meeting was called to order at 12 : 15 p.m. Commissioners Present Current Meeting Year to Date Present Absent Present Absent Rick Holden % Frank Urrutia % Chris Van Vliet X Wayne Connor X Richard O'Donnell % Ronald Gregory X Staff Present: Jeff Winklepleck Steve Smith Steve Buchanan II . APPROVAL OF MINUTES : The minutes of December 8, 1992 were continued to the January 12 , 1993 meeting. III . It was moved by Commissioner Urrutia, seconded by Commissioner Van Vliet, to approve the following cases by minute motion. Motion carried 3-0. A. Final Drawings : 1 . CASE NO. : C•TT 26123-; APPLICANT (AND-ADDRESS) : C UNRISE_DESERT-PARTNERS, for�I IDNAN ' RIDGE COUNTRY CLUB,, 42-600 Cook Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of overall landscape plan LOCATION: Country Club Drive between 42nd Avenue, E1 Dorado Drive and Oasis Country Club ZONE: PR-5 2 . CASE NO. : CUP 92-10 APPLICANT (AND ADDRESS) : CHARLES L. MARTIN for REDONDO DONS, 40-840 Thunderbird Road, Rancho Mirage, CA 92270 CITY OF PALM DESERT INTEROFFICE MEMORANDUM TO: Paul Gibson, Finance Director FROM: Joseph S. Gaugush, Senior Engineer SUBJECT: INDIAN RIDGE C.F.D. - FRINGE TOED LIZARD MITIGATION FEE DATE: November 3, 1992 ers of Tract 26123 Indian Ridge Country Club) is in Sunrise Company, the develop � process of mass grading the P project site. Accordingly, the above referenced g the mitigation fee needs to be paid from the Community Facilities District funds. 640 acres @ $600.00/acre = $ 384,000.00 Grading Permit No. 4300-1764 A.P.N. 632-020-006 thru 010 632-020-013 632-020-016 If you have any questions or need any additional information please contact me. Joseph S. Gaugush, P.E. cc: Phil Drell, Senior Planner (JSg\cFD91-1L.PS9) Y g� 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260-2578 TELEPHONE(619)346-0611 FAX(619)340-0574 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO. : TT 26123 APPLICANT (AND ADDRESS) : SUNRISE DESERT PARTNERS for INDIAN RIDGE COUNTRY CLUB, 42-600 Cook Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of bus stop plans, grille pavilion, sports club and interior sign program LOCATION: Country Club Drive between 42nd Avenue, El Dorado Drive and Oasis Club Drive ZONE : PR-5 ----------------------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission granted final approval to the bus stop plans , grille pavilion, sports club and interior 'sign program, by minute motion. Date of Action: October 27 , 1992 Vote: Carried 6-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen ( 15) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval . ) ----------------------------------------------------------------- STAFF COMMENTS : It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES; In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9 : 00 a.m. the Monday eight days prior to the next meeting. r MINUTES ARCHITECTURAL REVIEW COMMISSION OCTOBER 27, 1992 I . CALL TO ORDER: The meeting was called to order at 12 : 10 p.m. Commissioners Present: Current Meeting Year to Date Present Absent Present Absent Ron Gregory X 2 0 Rick Holden X 2 0 Frank Urrutia X 2 0 Chris Van Vliet X 2 0 Wayne Connor X 2 0 Richard O'Donnell X 2 0 Staff Present: Phil Drell Steve Smith Jeff Winklepleck Steve Buchanan Donna Bitter II . APPROVAL OF MINUTES : It was moved by Commissioner Van Vliet, seconded by Commissioner Holden, to approve the minutes of the October 13, 1992 meeting as submitted. Motion carried 6-0 . III . It was moved by Commissioner Urrutia, seconded by Commissioner Holden, to approve the following cases by minute motion. Motion carried 6-0. A. Final Drawings : 1 . CASE NO. : TT_26123 APPLICANT (AND ADDRESS) : �UNAISE—DESERT_PARTNERS' for LINDIAN RIDGE COUNTRY- CLUB', 42-600 Cook Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of bus stop plans LOCATION: Country Club Drive between 42nd Avenue, El Dorado Drive and Oasis Club Drive ZONE: PR-5 Steve Smith presented plans for final approval of bus stop and noted that the applicant was also requesting MINUTES ARCHITECTURAL REVIEW COMMISSION OCTOBER 27 , 1992 final approval on the plans for the grille pavilion, sports club and interior sign program. Commission granted final approval to the above noted items as submitted. 2 . CASE NO. : CUP 92-5 APPLICANT (AND ADDRESS) : BURTON KAPLAN for PALM DESERT STORAGE, 7 Wake Forest Circle, Rancho Mirage, CA 92270 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of storage units LOCATION: 74-850 Merle Drive Jeff Winklepleck presented final plans noting that the units would not be seen from the street. He added that the plans had changed in that the units now being proposed would be block versus the approved preliminary plans showing metal units . Mr. Winklepleck noted that the preliminary plans were approved subject to palm springs gold being placed along the back side of the project. Commission granted final approval to the block storage unit plans as submitted. 3 . CASE NO. : CUP 20-83 Amendment No. 3 APPLICANT (AND ADDRESS) : B.B. O' BRIENS, INC. , 73-190 El Paseo, Suite 3, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of architectural plans for second story terrace LOCATION: 72-185 Painters Path ZONE: C-1 Jeff Winklepleck presented final plans for the second story patio addition noting that the only change from the preliminary plans was a tubular metal railing in place of the original railing. Commissioner O'Donnell discussed his concerns with the emergency stairway; however, noted that the building department had informed him of their previous approval on this . Commission granted final approval to the second story terrace plans as submitted. 2 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260-2578 TELEPHONE(619)346-0611 FAX(619)340-0574 October 16 , 1992 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO. : TT 26123 APPLICANT (AND ADDRESS) : SUNRISE DESERT PARTNERS for INDIAN RIDGE COUNTRY CLUB, 42-600 Cook Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of landscape plan for Country Club Drive and portion of El Dorado and Oasis Club Drive parkways LOCATION: Country Club Drive between 42nd Avenue, El Dorado Drive and Oasis Club Drive ZONE: PR-5 ----------------------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission granted final approval, by minute motion, to the landscape plans as well as the revised model unit plans . Date of Action: October 13, 1992 Vote: 5-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen ( 15) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval . ) ----------------------------------------------------------------- STAFF COMMENTS : It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES; In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9 : 00 a.m. the Monday eight days prior to the next meeting. MINUTES ARCHITECTURAL REVIEW COMMISSION OCTOBER 13, 1992 I . CALL TO ORDER: The meeting was called to order at 12 : 15 p.m. Commissioners Present: Current Meeting Year to Date Present Absent Present Absent Ron Gregory, Chairman X 15 3 Rick Holden X 17 1 Frank Urrutia X 16 2 Chris Van Vliet X 17 1 Wayne Connor X 11 7 Michael O'Donnell X 1 0 Staff Present: Steve Smith Jeff Winklepleck Steve Buchanan Donna Bitter II . APPROVAL OF MINUTES: It was moved by Commissioner Van Vliet, seconded by Commissioner Connor, to approve the minutes of the September 22, 1992 meeting as submitted. Motion carried 5-0-1, Commissioner O'Donnell Abstaining. III . It was moved by Commissioner Holden, seconded by Commissioner Van Vliet, to approve the following cases by minute motion. Motion carried 6-0. A. Final Drawings : 1 . CASE NO. : lTT-TT APPLICANT (AND ADDRESS) : SUNRISE DESERT PARTNERS Ifor �-INDIAN RIDGE COUNTRY CLUB, 42-600 Cook Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of landscape plan for Country Club Drive and portions of E1 Dorado and Oasis Club Drive parkways LOCATION: Country Club Drive between 42nd Avenue, El Dorado Drive and Oasis Club Drive ZONE: PR-5 The applicant, Michael Horton, discussed the minor MINUTES ARCHITECTURAL REVIEW COMMISSION OCTOBER 13, 1992 planting changes due to lay-out modifications . Commission granted final approval to the landscape plans, as submitted, as well as the revised model unit plans . 2 . CASE NO. : TT 27561 APPLICANT (AND ADDRESS) : JASCORP for WINTERHAVEN, 79- 811 Country Club Drive, Suite A, Bermuda Dunes, CA 92201 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of final landscape plan LOCATION: South side of Hovley Lane, approximately 730 feet west of Portola Avenue ZONE: PR-5 Steve Smith noted that Eric Johnson had reviewed the revised landscape plans and found them acceptable. Commission granted final approval to the revised landscape plans as submitted. 3 . CASE NO. : 4006 SA APPLICANT (AND ADDRESS) : CHARLES L. MARTIN for LEGACY HOME FURNISHINGS, 40-840 Thunderbird, Rancho Mirage, CA 92270 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of revised signage plans LOCATION: 72-115 Highway 111 ZONE: C-1 Steve Smith noted that the applicant had run into problems with Cal Trans on the previously approved signage and therefore was now asking for approval to use the existing V-shape monument sign for the new business signage. Commission approved the revised signage plans as submitted. 4 . CASE NO. : 4011 SA APPLICANT (AND ADDRESS) : IMPERIAL SIGN CO. for SLOPE 2 SHORE, 46-120 Calhoun Street, Indio, CA 92201 2 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260-2578 September 25, t@%:�,HONE(619)346-0611 FAX(619)340-0574 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO. : TT 26123 APPLICANT (AND ADDRESS) : SUNRISE DESERT PARTNERS for INDIAN RIDGE COUNTRY CLUB, 42-600 Cook Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of Club Drive landscape median plan LOCATION: Country Club Drive between 42nd Avenue, E1 Dorado and Oasis Country Club ZONE: PR-5 ----------------------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission approved the median landscape plan as submitted by minute motion. Date of Action: September 22, 1992 Vote : Carried 5-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen ( 15) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval . ) ----------------------------------------------------------------- STAFF COMMENTS : It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES; In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9 : 00 a .m. the Monday eight days prior to the next meeting. MINUTES ARCHITECTURAL REVIEW COMMISSION SEPTEMBER 22, 1992 *r+rr**r#rt***,rr,r**s*s*,r*,r*+rrr,r�r*,r,►**trrr�*�***,►+r,rrrrrr**,r,r,r*rr** I . CALL TO ORDER: The meeting was called to order at 12 :20 p.m. Commissioners Present: Current Meeting Year to Date Present Absent Present Absent Ron Gregory, Chairman X 14 3 Rick Holden X 16 1 Frank Urrutia X 15 2 Chris Van Vliet X 16 1 Wayne Connor X 10 7 Staff Present: Phil Drell Steve Smith Jeff Winklepleck Steve Buchanan Bob Smith (arrived 1 : 00 p.m. ) Donna Bitter II. It was moved by Commissioner Urrutia, seconded by Commissioner Van Vliet, to approve the minutes of the September 8, 1992 meeting as submitted. Motion carried 4-0-1, Commissioner Connor abstaining. III . It was moved by Commissioner Van Vliet, seconded by Commissioner Connor, to approve the following cases by minute motion. Motion carried 5-0. A. Final Drawings : 1 . CASE NO. : T 2 12 - APPLICANT (AND ADDRESS) ' SUNRISE DESERT PARTNER'S for LNDIAN RIDGE—COUNTRY_ __CLUB, 42-600 Cook Street, Palm Desert, CA 92260 " NATURE OF PROJECT/APPROVAL SOT HT: Final approval to landscape plan for Club Drive medians LOCATION: Country Club Drive between 42nd Avenue, El Dorado and Oasis Country Club ZONE: PR-5 Steve Smith noted that Eric Johnson had reviewed the plans and found them acceptable. Commission approved the plans as submitted. sj SUNRISE RECEIVED / � • COM NY A%Awy C0YN'h^0Pr a AUG 14 1992 C 0 016 Ay V4 J' I PUBLIC WORKS CCPARTM€N1 CITY OP PALM dERPRT August 12, 1992 Mr. Richard J. Folkers, P.E. Director of Public.Works/City Engineer City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 SUBJECT: INDIAN RIDGE COUNTRY CLUB STREET NAMES Dear Mr. Folkers: It has come to our attention that although the street names we have chosen for our Indian Ridge Country Club development were coordinated with our local Post Master, no submission of our project-wide choices has been made to the City of Palm Desert. In order to correct that oversight and to assure the coordination necessary to prevent future duplications of street names within our city, I am taking the liberty of providing the entire list of street names to you at this time. They follow: Arrowhead Drive - Fire Dance Lane Box Canyon Trail Gold Canyon Drive Bright Rock Drive Hawk Hill Trail - Club Drive - Indian Ridge Drive Clubhouse Way • Mesa Grande Drive Deer Haven Circle Mission Creek Drive Desert Holly Drive- Rain Bird Circle - Dove Run Circle , Red Arrow Trail - Eagle Dance Circle Snow Creek Canyon Elk Clover Circle • Tomahawk Drive Falcon View Circle White Horse Trail 42-600 Cook Street, Suite 200, Palm Desert, California 92260, Telephone (619) 568-2828 Builder of America's Finest Country Club Communities MINUTES ARCHITECTURAL REVIEW COMMISSION AUGUST 25, 1992 tile color. Mr. Brandt presented lamp fixture samples requesting approval to place four lamps on the roof. Chairman Gregory noted his concerns with hot spots when using round fixtures. Commissioner Van Vliet discussed how the lights would be exposed. Commissioner Urrutia suggested the use of a luminous landscaping light. Chairman Gregory agreed with the use of this type of landscaping lighting. Commission approved the lighting subject to the use of a low voltage landscape fixture as proposed by Commissioner Urrutia. IV. CASES: Preliminary Plans: 1. CASE NO. : TT 26123' APPLICANT (AND ADDRESS) : SUNRISE DESERT PARTNERS for 1NOIAN RIDGE COUNTRY CLUB.' 42-600 Cook Street, Palm Desert, CA 92260: HORTON SHEPARDSON ASSOCIATES, 42-575 Melanie Place, Suite S. Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of homeowners association building, landscaping maintenance building, golf course maintenance building, median landscaping and entry signage LOCATION: Country Club Drive between 42nd Avenue, El Dorado and Oasis Country Club ZONE: PR-5 Mr . Mike Horton presented the street median landscaping plan noting that they were reviewed by Eric Johnson who found them to be acceptable. Chairman Gregory discussed the irrigation system planned for the country club and suggested that the applicant look into a very significant filter system. Action: It was moved by Commissioner Van Vliet, seconded by Commissioner Urrutia, to approve the street median landscaping, homeowners association building, landscaping maintenance building, and golf course maintenance. building as submitted. Motion carried 3-0. Mr . Horton noted the concerns from the Art-In-Public-Places Committee regarding the proposed signage. He indicated the concerns were the type of landscaping at the base of the signage 4 J MINUTES ARCHITECTURAL REVIEW COMMISSION AUGUST 25, 1992 and if the sand stone material used would conflict with the art placement. The consultant on the -signage for the country club, Mr. Don Ripinski , noted that the proposal was for halo lit letters that would be internally illuminated. The tallest point of the sign is 5 feet with the length being 12 feet. Letters would be set back in the stone approximately 3/4 to I inch. Chairman Gregory felt the signage was very nice and liked the use of the nose of the median for public art work. Commissioner Van VIiet asked about pedestrian access to the art work. Mr. Horton noted that pedestrians would not have access to the art work. Commissioner Urrutia noted his concerns on the lack of access from a pedestrian point of view. Commissioner Urrutia felt the proposed signage was acceptable. however, would like to see a more complimentary type of treatment by blending in the landscaping with the art work. He noted that the A. I .P.P. Committee would look again at the landscaping as it relates to the art work. Action: It was moved by Commissioner Urrutia, seconded by Commissioner van Viiet, to approve the entry signage as submitted. Motion carriea 3-0. 2. CASE NO. : 382 C APPLICANT (AND ADDRESS) : TANDIKA CORPORATION, 74-854 Velie Way #6, Palm Desert, CA 92260 NATURE Of PROJECT/APPROVAL SOUGHT: Reconsideration of original landscape plan LOCATION: Northeast corner of Avondale Country Club adjacent to Frank Sinatra Drive ZONE: PR-3 Steve Smith discussed commission's decision of July 28, 1992 with regard to additional placement of landscaping. Mr . Smith presented letter from Tandika Corporation with signatures `rom Avondale Homeowners Association and Avondale Golf Club rea.uestinq reconsideration of the previous decision. The applicant. Mr. Charles McBride. noted that the two homeowners association were not in favor of adding the requested landscaping to screen the Facility from the golf courses and therefore were asking for reconsideration of the existing plan. He reported that there were J 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260-2578 August 27, I 92 TELEPHONE(619)346-0611 FAX(619)340-0574 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO. : TT 26123 APPLICANT (AND ADDRESS): SUNRISE DESERT PARTNERS for INDIAN RIDGE COUNTRY CLUB, 42-600 Cook Street, Palm Desert, CA 92260; HORTON SHEPARDSON ASSOCIATES, 42-575 Melanie Place, Suite S. Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of homeowners association building, landscaping maintenance building, golf course maintenance building and entry signage LOCATION: Country Club Drive between 42nd Avenue, El Dorado and Oasis Country Club ZONE: PR-5 --------------------------------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant , the architectural commission approved the street median landscaping. homeowners association building, landscaping maintenance building, golf course maintenance building, and entry signage, as submitted. Date of Action: August 25, 1992 Vote: Carried 3-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen ( I5) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission For approval . ) --------- --------------------------------------------------------- STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda. new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. MINUTES ARCHITECTURAL REVIEW COMMISSION AUGUST 11, 1992 r araraaasraa►taaaaaaaaar►rrataaaaraa►a►aaaaaaa►raarraa►aaaaaaaaraa►asataraa 1. CALL TO ORDER: The meeting was called to order at 12: 15 p.m. Commission Members Current Meeting Year to Date Present Absent Present Absent Ron Gregory, Chairman X 11 3 Rick Holden X 14 0 Frank Urrutia X 12 2 Chris VanVliet X 13 1 Wayne Connor. Alternate X 9 5 Staff Present: Phil Drell Steve Smith Jeff Winklepleck Steve Buchanan Donna Bitter II . APPROVAL OF MINUTES: It was moved by Commissioner Holden, seconded by Commissioner Urrutia, to approve the minutes of the July 28, 1992 meeting as amended. Motion carried 3-0. Ill . It was moved by Commissioner Urrutia, seconded by Commissioner Holden, to approve the following cases by minute motion. Motion carried 3-0. A. Final Drawings: 1. CASE NO. : 384 C APPLICANT (AND ADDRESS): WAYNE SHARP for BON APPETIT RESTAURANT, 73-920 Grapevine Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of patio extension LOCATION: 73-340 El Paseo ZONE: C- 1 S.P. The applicant, Mr. Wayne Sharp, requested approval of plans to extend the existing outdoor seating area to the property line and lengthening the green awning to be uniform with proposed patio expansion. Mr. Drell noted that the awning would be flush with the top of the fascia and indicated that the existing green material would remain inside the wrought iron surrounding the patio area. Mr. Sharp indicated that the awning would be 8 feet from the sidewalk. MINUTES ARCHITECTURAL REVIEW COMMISSION AUGUST 11, 1992 Commissioner Urrutia noted that the applicant was trying to create the ambience of an outdoor cafe; however felt the proposed plan did not feel complete yet. He felt that some introduction of plant material or pots would enhance the patio area. The applicant discussed how he had planned to install flower baskets on top of the wrought iron fencing with plants hanging over the railing around the entire patio area. Commission approved patio extension subject to staff approval of landscape concept and fencing. B. Preliminary Plans: 1 . CASE NO. : TT 26123 APPLICANT (AND ADDRESS) : rSU_NRISE DESERT PARTNERS for (IND_IAN CRIDGE COUNTRY CLUB, 42-600 Cook Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of sports club, grille pavilion, starter pavailion and temporary golf clubhouse LOCATION: Country Club Drive between 42nd Avenue, El Dorado and Oasis Country Club ZONE: PR-5 Steve Smith presented site plans for the above mentioned buildings and colored elevations on the sports facility noting that the sports facility was a continuation of the architecture of the overall project. Steve Buchanan noted that plans had not been submitted for the sports facility with the temporary golf clubhouse. Commission granted preliminary approval to the grille pavilion, starter pavilion and croquet pavilion. Commission noted that they could not approve the temporary golf clubhouse and the sports club as the plans were not submitted. 2. CASE NO. : 383 C APPLICANT (AND ADDRESS) : JOSEPH BRANDT, 14 Mt. Holyoke, Rancho Mirage, CA 92270 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of remodel plans LOCATION: 77-030 El Paseo 2 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260-2578 TELEPHONE(619)346-0611 FAX(619)340-0574 August 14. 1992 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO. : TT 26123 APPLICANT (AND ADDRESS): SUNRISE DESERT PARTNERS for INDIAN RIDGE COUNTRY CLUB. 42-600 Cook Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of sports club. grille pavilion, starter pavilion and temporary golf clubhouse LOCATION: Country Club Drive between 42nd Avenue, El Dorado Drive and Oasis Country Club ZONE: PR-5 --------------------------------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission granted preliminary approval , by minute motion, to the sports club, grille pavilion, starter pavilion and croquet pavilion. Commission noted that they could not approve the temporary golf clubhouse as the plans were not. submitted: Date of Action: August 11 , 1992 Vote: Carried 3-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen ( 15) days of the date of the decision. Anv amendments to this approved plan would need to be resubmitted to commission for approval . ) --------------------------------------------------------------------------- STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. MINUTES ARCHITECTURAL REVIEW COMMISSION SEPTEMBER 8, 1992 f►aaa►►aa:a♦►aaaaaaa aa►aasa►aaaaasaf►sasa asaa►aaa►aaa asaataaasaasaasaasaas: I. CALL TO ORDER: The meeting was called to order at 12:25 p.m. Commissioners Present: Current Meeting Year to Date Present Absent Present Absent Ron Gregory, Chairman X 13 3 Rick Holden X 15 1 Frank Urrutia X 14 2 Chris Van Vliet X 15 1 Staff Present: Phil Drell Steve Smith Catherine Sass Donna Bitter li. It was moved by Commissioner Urrutia, seconded by Chairman Gregory, to approve the minutes of the August 25, 1992 meeting as submitted. Motion carried 3-0-2, Commissioners Holden and Connor abstaining. 111. It was moved by Commissioner Holden, seconded by Commissioner Van Vliet, to approve the following cases by minute motion. Notion carried 5-0. A. Final Drawings: 1. CASE NO.: 385 C APPLICANT (AND ADDRESS) : MARRAKESH COUNTRY CLUB, 47-000 Marrakesh Drive, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of front entrance remodel LOCATION: 47-000 Marrakesh Drive ZONE: PR-3 Commission approved remodel plans as submitted. 2. CASE NO.: 386 C APPLICANT (AND ADDRESS): ROBERT RITCHEY for EL PASEO VILLAGE, 41-625 Eclectic #A-1 , Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of patio cover .J ~ MINUTES ARCHITECTURAL REVIEW COMMISSION AUGUST 8, 1992 MATURE OF PROJECT/APPROVAL SOUGHT: Approval of single family hone over 15 feet high LOCATION: 73-165 Bel Air Road ZONE: Commission approved plans as submitted, subject to the applicant providing an acceptable landscape plan. 2. CASE NO.: � 26133 - -) APPLICANT (AND ADDRESS): SUNRISE .DESERT _PARTNERS) for IND_IAN CRIDGE COUNTRY- CLUB;J 42-600 Cook Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of golf course maintenance building LOCATION: Country Club Drive between 42nd Avenue, E1 Dorado and Oasis Country Club ZONE: PR-5 Commission granted final approval of golf course maintenance building plans as submitted. 3. CASE NO.: 3090 SA APPLICANT (AND ADDRESS): PALMS TO PINES CANVAS for MEPHISTO, Pinyon Pines, Box 69, Mountain Center, CA 92561 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of awning with signage LOCATION: 73-241 Highway 111 , Suite 3E ZONE: C-1 S.P. Steve Smith reported that the applicant was requesting approval to cover the existing metal awning with a dark green fabric awning. Signage would be B inch white letters. Commission approved fabric awning with signage as submitted. 4 MINUTES ARCHITECTURAL REVIEW COMMISSION AUGUST 8, 1992 Commissioner Urrutia noted that the applicant would have to eliminate some square footage to meet the city standards. Action: It was moved by Commissioner Holden, seconded by Commissioner Urrutia, to grant preliminary approval on inline buildings E, F. G, H and J and continued the landscaping directing the applicant to provide a more detailed plan. Motion carried 5-0. 3. CASE NO.: T—26123 APPLICANT (AND ADDRESS) : SUNRISE DESERT PARTNERS for IND AN" CRIDGE COUNTRY CLUB, 42-600 Cook Street, Palm Desert, CA 92260 MATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of entry landscaping as it relates to public art LOCATION: Country Club Drive between 42nd Avenue, El Dorado and Oasis Country Club ZONE: PR-5 Landscape architect, Mike Horton, outlined the landscape design surrounding the public art and country club entry. The artist, Mr. Otto Reagan, discussed the aesthetic reasons for proposing turf instead of the recommended decomposed granite. Chairman Gregory felt the landscaping around the art was acceptable, however felt that the myoporum is not very strong and will not always look green and lush. Commissioner Connor noted that there was a commitment to long term maintenance with this plan and wanted to make sure that everyone is aware of this. Ms. Catherine Sass, Director of Public Art, was present and offered no comment on this matter. Action: It was moved by Chairman Gregory, seconded by Commissioner Van Vliet, to grant preliminary approval to the entry landscaping plan as submitted. Motion carried 4-1 , Commissioner Urrutia voting No. 7 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260.2578 TELEPHONE(619)346-0611 FAX(619)340-0574 September 11 . 1992 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO. : TT 26123 APPLICANT (AND ADDRESS): SUNRISE DESERT PARTNERS for INDIAN RIDGE COUNTRY CLUB. 42-600 Cook Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of entry landscaping as it relates to public art LOCATION: Country Club Drive between 42nd Avenue, El Dorado and Oasis Country Club ZONE: PR-5 --------------------------------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission granted final approval on the golf course maintenance building plans. by minute motion, and granted preliminary approval to the entry landscaping plan as submitted. Date of Action: September 8, 1992 Vote: Carried 4-1 , Commissioner Urrutia voting No (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval . ) --------------------------------------------------------------------------- STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. 73.510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260.2578 TELEPHONE(619)346-0611 FAX(619)340-0574 July 16. 19 2 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO. : TT 26123 APPLICANT (AND ADDRESS): SUNRISE DESERT PARTNERS for INDIAN RIDGE COUNTRY CLUB. 42-600 Cook Street, Palm Desert. CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Final plan approval for Acacia models 2-5. Smoke Tree models 1-5, gate house, comfort stations A-C, design center and sales office LOCATION: Country Club Drive between 42nd Avenue. E1 Dorado Drive and Oasis Country Club ZONE: PR-5 --------------------------------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant. the architectural commission approved the plans as submitted by minute motion. Date of Action: July 14, 1992 Vote: Carried 4-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen ( 15) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval . ) --------------------------------------------------------------------------- STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda. new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. MINUTES ARCHITECTURAL REVIEW COMMISSION JULY 14, 1992 rar rrr r,ra raaaaraaaraaaaarrrrrrararaarrraraararrrrarr ra rarar sr■aa raarasrraar I. CALL TO ORDER: The meeting was called to order at 12: 10 p.m. Commission Members Current Meeting Year to Date Present Absent Present Absent Ron Gregory, Chairman x 9 3 Rick Holden x 12 0 Frank Urrutia x 10 2 Chris Van Vliet x 12 0 Wayne Connor, -Alternate x 9 3 Staff Present: Steve Smith Phil Drell Steve Buchanan 11. APPROVAL OF MINUTES: It was moved by Commissioner Urrutia, seconded by Commissioner Holden, to approve the minutes of the June 9 and June 23, 1992 meetings as submitted. Motion carried 3-0-1 , Commissioner Connor abstaining. III. It was moved by Commissioner Connor, seconded by Commissioner Van Vliet, to approve the following cases by minute motion. Motion carried 4-0. A. Final Drawings: I. CASE NO. : ET_T 26123-? APPLICANT (AND ADDRESS) : SUNRISE DESERT PARTNERS for INDIAN CFRIDGE COUNTRY CLUB,/42-600 Cook Street, Palm Desert, CA 92260 _NATURE OF PROJECT/APPROVAL SOUGHT: Final plan approval for Acacia models 2-5, Smoke Tree models 1-5, gate house, comfort stations A-C, design center and sales office LOCATION: Country Club Drive between 42nd Avenue, El Dorado Drive and Oasis Country Club ZONE: PR-5 Steve Buchanan noted that the elevations were the same as the approved preliminary plans. Commission approved final plans as submitted. MINUTES ARCHITECTURAL REVIEW COMMISSION JUNE 23. 1992 ►aa►►:aa•aaarar:araa►ar:►►ar►►gaga►aa►►araar•ar►r►aaa:a►gar►aaa ra r►s►sa►aaa I. CALL TO ORDER: The meeting was called to order at 12:20 p.m. Commission Members Current Meeting Year to Date Present Absent Present Absent Ron Gregorv. Chairman X 9 2 Rick Holden X 11 0 Frank Urrutia X 9 2 Chris Van Vliet X li 0 Wavne Connor, Alternate X 8 3 Staff Present: Steve Smith Jeff Winklegleck Steve Buchanan Bob Smith (arrived 1 : 15 p.m. ) Donna Bitter 11 . APPROVAL OF MINUTES: Minutes of June 9. 1992 continued to Julv 14, 1992. III. It was moved by Commissioner Holden. seconded by Commissioner .Urrutia, to approve the following cases by minute motion. Motion carried 5-0. A. Final Drawings: I. CASE NO.: PP 90-13 APPLICANT (AND ADDRESS) : DSL SERVICE CO. . 3501 Jamboree Road, Suite 5000, North Tower. Newport Beach. CA 92658-6030 NATURE OF PROJECT/APPROVAL SOUGHT: Final plan approval for Building I . "Bookstar" LOCATION: Fred Waring Drive and Highway III ZONE: P.C. (3) S.P. Commission approved final working drawings for Building "I" as submitted. 2. CASE NO. : CUP 20-83 Amendment No. 3 APPLICANT AND ADDRESS) ! SEAN ABA11 & ASSOCIATES for B.B. O'BRIENS, INC. . 73-190 El Paseo, Suite 3, Palm Desert, CA 92260 MINUTES ARCHITECTURAL REVIEW COMMISSION JUNE 23. 1992 B. Preliminary Plans: 1. CASE NO. : CUP 92-9 APPLICANT (AND ADDRESS): CHRISTENSEN HOMES. INC. for TRES PALMAS BED AND BREAKFAST HOME. Post Office Box 1864, Palm Desert, CA 92261 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of bed and breakfast home LOCATION: 73-135 Tumbleweed Lane ZONE: R-3/4 Commissioner Van Viiet questioned the pad height. Mr. Drell indicated that the total height of the building was 15 feet and is set back significantly more than required. Commission granted preliminary approval on the architectural plans only, subject to proof of approval from the property owners association. Landscaping plan continued for review by landscaping commissioners. C. Cases added to agenda: 1 . CASE NO. : TT_26123 APPLICANT (AND ADDRESS) : SUNR-I-SI-SE- DESERT PARTNERS for-INDI_A_ N 7RIDGE_COUNTRY CLUB, 42-600 Cook Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of revised perimeter wall plan LOCATION: Country Club Drive between 42nd Avenue, El Dorado Drive and Oasis Club Drive ZONE: PR-5 The applicant, Alan Levine, noted that the landscape plan had already been approved by commission: however, he wanted to make commission aware of necessary changes in the perimeter walls along Oasis Club Drive and Country Club Drive. Commissioner Urrutia discussed his concerns with the 8' high section of the wall and sua_aested increasing the height of the lower wall to appear that it was the same height as the higher wall . 4 MINUTES ARCHITECTURAL REVIEW COMMISSION JUNE 23, 1992 Commission approved revised wall plan with the following conditions: 1 ) Increase height of lower wall to appear that it is the same size as the hiaher wall . 2) Add some type of asparagus fern from back side of wall that would drape over the front wall . 3) Eric Johnson to review and comment on the landscaping plan for this area. IV. CASES: A. Final Drawings: 1 . CASE NO. : PP 89-5 APPLICANT (AND ADDRESS) : ULTRA NEON for SOUTHWEST PLAZA, 5474 Complex Street, Unit 501 , San Diego, CA 92123; DR. SHAW, SOUTHWEST PLAZA, 73-345 Highway III , Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Reconsideration of revised sign program LOCATION: 73-345 Highway III ZONE: C-1 S.P. Dr. Shaw addressed the commission requesting their recommendation for approval to the planning commission on placement of signage above the 20' -height limit. Commissioner Urrutia discussed how the four items listed on the Notice of Action were suggested changes, and noted that these were not done on the revised plan. Dr. Shaw explained how the revised plan showed the name of the building and the address above the 20' height limit. He felt that because the building was set back 20' from the street, the building signage should be approved above the 20' height limit. Commissioner Holden felt that he could recommend approval of the name of the building placed above the 20' height limit with a directory sign for the remainder of the tenants placed below. Action: It was moved by Commissioner Holden, seconded by Commissioner Urrutia. to deny the revised submittal as the signage was above the height limit and felt the crowded signage situation did not fit with the architecture of the building. Motion died. 5 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260-2578 June 26. 1"2 TELEPHONE(619)346-0611 FAX(619)340-0574 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO. : TT 26123 APPLICANT (AND ADDRESS) : SUNRISE DESERT PARTNERS for INDIAN RIDGE. 42-600 Cook Street. Palm Desert. CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of revised perimeter wall plan LOCATION: Country Club Drive between 42nd Avenue, El Dorado Drive and Oasi3 Club Drive ZONE: PR-5 --------------------------------------------------------------------------- Upon reviewinq the submitted plans and presentations by staff and by the applicant. the architectural commission approved change in wall plan with the following conditions: 1 ) Increase height of lower wall to appear that it is the same size as the hiaher wall . 2) Add some type of asparagus fern from back side of wall that would drape over the front wall . 3) Eric Johnson to review and comment on the landscaping plan for this area. Date of Action: June 23, 1992 Vote: Carried 3-0 (An appeal of the above action may be made in writing to the City Clerk of the Citv of Palm Desert within fifteen ( 15) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval . ) --------------------------------------------------------------------------- STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. MINUTES ARCHITECTURAL REVIEW COMMISSION JUNE 9, 1992 saa a►raa►rrr•►■sasasaas►srara•aa►►►►a raaaasas•:a►rrra sar►rsa sr aa►rrr s►►►aar I. CALL TO ORDER: The meetinq was called to order at 12: 15 p.m. Commission Members Current Meeting Year to Date Present Absent Present Absent Ron Gregory, Chairman X 9 1 Rick Holden X 10 0 Frank Urrutia X 8 2 Chris Van Vliet X 10 0 Wavne Connor. Alternate X 8 2 _Staff Present: Phil Drell Steve Smith Jeff Winklepleck Steve Buchanan Donna Bitter 11 . APPROVAL OF MINUTES: It was moved by Commissioner Urrutia, seconded by Commissioner Connor, to approve the minutes of the May 26, 1992 meeting as submitted. Motion carried 5-0. III . It was moved by Commissioner Connor, seconded by Commissioner Urrutia, to approve the following cases by minute motion. Notion carried 5-0. A. Final Drawings: 1 . CASE NO. : CT.T_26123 APPLICANT (AND ADDRESS) : S—UNRISE DESERT -PARTNERS' for 1ND1_AN -) RIDGE COUNTRY CLUB, 42-600 Cook Street, Palm Desert, CA 92260 MATURE OF PROJECT/APPROVAL SOUGHT: Landscape plan approval of perimeter, entry and maintenance building LOCATION: Country Club Drive between 42nd Avenue, El Dorado Drive and Oasis Country Club ZONE: PR-5 Steve Smith noted that the applicant had added a request for approval of the proposed comfort stations. Eric Johnson had reviewed the landscape plans and found them to be acceptable. Commission approved the perimeter landscaping, comfort stations, entry and maintenance building as submitted. 73-510 FRED WAKING DRIVE, PALM DESERT,CALIFORNIA 92260-2578 June 11 . 1 92 TELEPHO N E(619)346-0611 FAX(619)340-0574 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO. : TT 26123 APPLICANT (AND ADDRESS) : SUNRISE DESERT PARTNERS for INDIAN RIDGE, 42-600 Cook Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Landscape plan approval of perimeter, entry and maintenance building LOCATION: Country Club Drive between 42nd Avenue, El Dorado Drive and Oasis Club Drive ZONE: PR-5 ------------------------ -------------------------------------------------- Upon reviewing the submitted plans and presentations by, staff and by the applicant, the architectural commission approved the perimeter landscaping, comfort stations, entry and maintenance building as submitted, by minute motion. Date of Action: June 9, 1992 Vote: Carried 5-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen ( 15) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval . ) --------------------------------------------------------------------------- STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday_ eight days prior to the next meeting. AGENDA ITEM NO. : IV-A-2 DATE: JUNE 9, 1992 ARCHITECTURAL REVIEW COMMISSION CASE NO. : TT 26123 APPLICANT (AND ADDRESS): SUNRISE DESERT PARTNERS for INDIAN RIDGE COUNTRY CLUB. 42-600 Cook Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of landscaping for perimeter, entry and maintenance building area LOCATION: Section 11 , Bordered by Country Club Drive, 42nd Street, E1 Dorado and Pennsylvania ZONE: PR-5 DISCUSSION: The applicant is seeking approval of the landscape plan for Indian Ridge Country Club. The citv's public works department has reviewed the plan and feels quite comfortable with the proposed plant pallet with respect to its water efficiency. The plan is acceptable to staff. RECOMMENDATION: Approval . SS/db MINUTES ARCHITECTURAL REVIEW COMMISSION APRIL 28. 1992 +fss+s++++sfss+s s•+ff++++ss+++++++ff••+•sass++++s+sfffff•sss++++s++a+f+ffs• 1 . CALL TO ORDER The meeting was called to order at 12:25 p.m. Commission Members Current Meeting Year to Date Present Absent Present Absent Ron Gregory. Chairman X 6 1 Rick Holden X 7 - 0 Frank Urrutia X 5 2 Chris Van Vliet X 7 0 Wayne Connor. Alternate X 6 1 Staff Present: Phil Drell Steve Smith Jeff Winkiepleck Steve Buchanan Donna Bitter 11 . APPROVAL OF MINUTES: It was moved by Commissioner Holden. seconded by Commissioner Urrutia, to approve the minutes of the April 14, 1992 meeting as submitted. Motion carried 6-0. Ill. ORAL COMMUNICATIONS: Commission discussed their concerns with the stand-by generator Installed for the new city hall expansion. Commission agreed unanimously to recommend to city council that the equipment be adequately screened in a way to block It from view at the entrance to the civic center. IV. It was moved by Commissioner Van Vliet, seconded by Commissioner Urrutia* to approve the following cases by minute motion. Motion carried 5-0. A. Final Drawings: 1. CASE NO.: CUP 91-8 APPLICANT (AND ADDRESS): SOUTHWEST COMMUNITY CHURCH, 73-251 Hovley Lane. Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of final architectural and landscaping plans ' MINUTES ARCHITECTURAL REVIEW COMMISSION APRIL 28. 1992 LOCATION: 73-251 Hovley Lane ZONE: PR-5 Jeff Winklepleck Presented the final architectural and landscape Plans showing the chances made as directed by commission. Chanaes consisted of tieing the buildings together and the addition of shutters. Commission granted final approval to plans as submitted. B. Preliminary Plans: 1 . CASE NO.: CT-TZ26123- APPLICANT (AND ADDRESS) : CSENRISE, DESERT -PARTNERS forCINDIAN€ cIDGE. 142-600 Cook Street. Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of landscape plan for the model complex LOCATION: Country Club Drive between 42nd Avenue, El Dorado Drive and Oasis Club Drive ZONE: PR-5 Steve Smith presented colored rendering on the proposed landscape plan for the model complex noting that the plant material was drought tolerant overall . Chairman Gregory noted that commission would need to see an Indication of the plant sizes. The applicant. Michael Horton, indicated that the following would be the actual plant sizes.. .canopy 'trees in 30" to 48" box, patio trees in 30" to 36" box, date palms at 12' to 25' , queen palms at 6' to 12' and shrub type would be 15% of 15 gallon, 60% of 5 gallon and the remaining of I gallon for ground cover. Commission granted preliminary approval to the landscape plan as submitted. 2. CASE NO.: CUP 92-5 APPLICANT (AND ADDRESS) : BURTON L. KAPLAN for PALM DESERT STORAGE, 7 Wake Forest Court, Rancho Mirage, CA 92270 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of storage units and entrance LOCATION: 74-850 Merle Drive ZONE: S. I . 2 CNT @ 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORN]A 92260-2578 TELEPHON E(619)346-0611 FAX(619)340-0574 April 30. 1992 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO. : TT 26123 APPLICANT (AND ADDRESS): SUNRISE DESERT PARTNERS for INDIAN RIDGE COUNTRY CLUB, 42-600 Cook Street, Palm DEsert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of landscape plan for the model complex LOCATION: Country Club Drive between 42nd Avenue, E1 Dorado Drive and Oasis Country Club ZONE: PR-5 --------------------------------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission granted preliminary approval to the landscape plan as submitted, by minute motion. Date of Action: April 28, 1992 Vote: Carried 5-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen ( 15) days of the. date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval . ) --------------------------------------------------------------------------- STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. i - �t a 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260-2576 TELEPHONE(619)346-0611 FAX(619)340-0574 March 13. 1992 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO. : TT 26123 APPLICANT (AND ADDRESS) : SUNRISE DESERT PARTNERS for INDIAN RIDGE COUNTRY CLUB. 42-600 Cook Street. Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Revisions to plans given preliminary approval LOCATION: Country Club Drive between 42nd Avenue, El Dorado Drive and Oasis Club Drive ZONE: PR-5 --------------------------------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant. the architectural commission approved the revised plans, as submitted, by minute motion. Date of Action: March 10, 1992 Vote: Carried 4-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen ( 15) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval . ) --------------------------------------------------------------------------- STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. --.,} RESOLUTION NO. 90-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND VESTING TENTATIVE TRACT MAP FOR A 1278 UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT IN SECTION 11 T5S R6E. CASE NO. VESTING TT 26123 WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of November, 1990, hold a duly noticed public hearing which was continued to December 13, 1990, to consider the request of SUNRISE DESERT PARTNERS for approval of a Negative Declaration of Environmental Impact, and vesting TT 26123 for a 1278 unit residential condominium development on Section 11, T5S R6E; 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. 80-89, " in that the director of community development has determined that the project will not have an adverse 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 vesting map and Negative Declaration of Environmental impact: ( a) That the proposed vesting map is consistent with applicable general and specific plans. ( b ) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans . ( c ) That the site is physically suitable for the type of development. ( d) That the site is physically suitable for the proposed density of development. ( e ) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. ( f ) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. ( g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at 1_arge, for access through or use of property within the proposed subdivision. RESOLUTION NO. 90-145 s 4:HEREAS, the review of this tentative tract map the city council has considered ie effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources. 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 the Negative Declaration of Environmental Impact Exhibit "A" and Vesting Tentative Tract Map No. 26123 are hereby approved for the reasons set forth in this resolution and in the staff report dated -ober 16, 1990 and subject to the attached conditions, Ex- t "B" . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this 13th day of December, 1990, by the following vote, to wit: AYES : BENSON, CRITES, KELLY, WILSON, SNYDER NOES : NONE ABSENT: NONE I ABSTAIN: NONE WALTER H. SNYD or ATTEST: SHEILA R. GILraGAN, Cit " Clerk City of Palm Desert, C lifornia SRS/tm 2 RESOLUTION NO. 90-11 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: Vesting TT 26123 APPLICANT/PROJECT SPONSOR: Sunrise Desert Partners 46-200 Cook Street Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Vesting tentative tract map for a 1278 unit residential condominium golf course and country club development in Section 11, T5S R6E SBBM. 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. • ' December 13, 1990 RAMON A. DIAZ DATE DIRECTOR OF COMMUNaY DEVELOPMENT SRS/tm 3 RESOLUTION NO . 90-145 EXHIBIT "B" 1 CONDITIONS OF APPROVAL CASE NO. VESTING TT 26123 Department of Community Development/Planning: 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 . The approval of this vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by the Subdivision Ordinance for the expiration of the approval of a tentat�-:•e map. 3 . That the rights contained in the tentat: a vesting map shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Condition 2 above. If the final map is approved then 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. 4. 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. 5 . Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Desert Sands Unified School District 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 build ing permit for the use contemplated herewith. 6 . That the setbacks for dwellings in this project shall be as required in the precise plan, PP 90-21 . 7 . That the approval shall be null and void unless said property is annexed to the City of Palm Desert. 4 RESOLUTION NO. 90-19" 8 . That the landscape theme for the development include significant areas of drought tolerant landscape materials to reduce water usage and that all parkway landscaping within the right-of-way shall be drought tolerant subject to approval of the Environmental Conservation Manager. 9 . That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance 612, said enclosures subject to approval of Environmental Conservation Manager. 10. That the street plans provide marked on the street bicycle lanes on El Dorado, 42nd Avenue and Oasis Club Drive. The bicycle lane on Country club will be on the sidewalk. Department of Public Works: 1 . The project shall be designed to retain drainage from a 100-year storm on-site. Drainage fees for the construction of regional drainage improvements which would be necessary regardless of the on-site drainage retention shall be paid prior to the recordation of the final map. The amount of these fees shall be based upon the City of Palm Desert Master Drainage Plan prepared by NBS/Lowery upon its adoption by the Palm Desert City Council . 2. Any drainage/retention are facilities 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. 3 . Applicant shall provide for the conversion of the existing three- way traffic signal on Country Club Drive at the main project entry to a four-way configuration and pay one-fourth the cost of traffic signal installation at the intersections of Country Club Drive and Oasis Club Drive, 42nd Avenue and Oasis Club Drive, and El Dorado Drive and 42nd Avenue. The payment of these costs shall coincide with the approval and recordation of the associated final maps. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of building permits. Traffic signalization fees required for this project may be used as credits against traffic signal costs. 4. 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 5 RESOLUTION NO . 90-145 !_ approved by the public works department and a surety posted to guarantee the installation of required offsite improvements prior to recordation of the final map. 5 . 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. Minimum improvements shall include, but not be limited to the following: Country Club Drive: * Construction of a deceleration/ acceleration lane for main entry. * Construction of an 8 foot wide meandering sidewalk. * Installation of perimeter landscaping as approved by the City of Palm Desert . Oasis Club ,Drive: * Construction of curb a gutter and AC paving at 38 feet from -:terline. * Construction of a 6 foo_ wide sidewalk. * Installation of perimeter landscaping as approved by the City of Palm Desert. E1 Dorado Drive: * Construction of curb and gutter and AC paving at 43 feet from centerline. * Construction of a deceleration lane at the maintenance are entry and Country Club Drive intersection. * Construction of one-half of a raised, landscaped median island. * Construction of an 6 foot wide meandering sidewalk. * Installation of perimeter landscaping as approved by the City of Palm Desert. 42nd Avenue: * Construction of curb and gutter and AC paving at 38 feet from centerline. * Construction of a 6 foot wide sidewalk. * Construction of one-half of a raised, landscaped median island in the roadway section where no improvements currently exist and construction of a full raised, landscaped median island in the roadway section where improvements currently exist south of centerline. * Installation of perimeter landscaping as approved by the City of Palm Desert. 6 RESOLUTION NO. 90-14" ` 1 Interior Streets: * Improvements as shown on the tentative map. Timing for the construction of 42nd Avenue improvements shall be the earlier of scenario A or scenario B below: A. Within eighteen ( 18 ) months of the issuance of a building permit for the first unit in the project, Sunrise Company will begin construction of half-width improvements ( not including the landscaped median) to connect the existing southerly half- width improvements in front of the Oasis Country Club to the future intersection of Eldorado Drive and 42nd Avenue. This construction will be completed within twenty-four ( 24) months of the issuance of the above referenced first building permit. If the improvements to 42nd Avenue westerly of the future intersection to the existing northerly half-width improvements ( approximately 1330 feet ) have not been constructed at this time, Sunrise Company will install these improvements provided the city agrees to enter into a reimbursement agreement with Sunrise Company for the cost of these improvements. The specific configuration of these improvements will be approved by the department of public works in order to provide a safe transition from the improvements on the southerly half of the street to the improvements on the northerly half of the street. B. In the event that the developer of Tract No. 23940 ( located on the northwest corner of 42nd Avenue and Eldorado Drive ) begins construction of the 42nd Avenue improvements contiguous to his property, Sunrise Company will construct the above referenced improvements to 42nd Avenue adjacent to Vesting TT 26123 within twelve ( 12 ) months of his construction start date. Timing for the construction of Eldorado Drive improvements shall be as follows: 1 . Within six ( 6 ) months of the issuance of the grading permit for the project or prior to completion of traffic signal at Country Club and Eldorado, whichever occurs first, improvements will be constructed on the east half of the street from Country Club Drive to approximately 1, 000 feet southerly thereof, including landscaped median island. 2. Prior to the issuance of the 750th building permit for the project or within 36 months of first permit being issued, whichever occurs first, the remaining 7 RESOLUTION NO. 90-145 impr vements to the east half of the street will be constructed to connect southerly to 42nd Avenue. If the improvements to the west half of the street have not been installed at this time, Sunrise Company will install these improvements provided the city agrees to enter into a reimbursement agreement with Sunrise Company for the cost of these improvements. 6 . 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 . 7 . Traffic safety striping on Country Club Drive, Oasis Club Drive, 42nd Avenue, E1 Dorado Drive and all interior streets shall be provided to the specifications of the director of public works and shall include the use of approved thermople-tic paint and raised pavement markers. A traffic control plan mus be submitted to, and approved by, the director of public works pr_ ;r to the issuance of any permits associated with this project :)r placement of any pavement markings. 8. Developer shall participate in the proposed City of Palm Desert Mello-Roos Community Facilities District ( Cook Street Improvements ) or assessment district to the extent determined by the "Special Tax Report" to be filed in connection with the proceedings of the City of Palm Desert, in the Office of the City Clerk of the City of Palm Desert. The maximum obligation associated with this project shall be $1, 687, 712. 00. 9 . Landscaping maintenance on the property frontages shall be provided by the property owner and/or property owners association. 10. In accordance with Palm Desert Municipal Code Section 26 . 44, complete grading plans and specifications shall be submitted to the director of public works for checking and approval prior to issuance of any permits. 11 . Complete tract map shall be submitted as required by ordinance to the director of public works for checking and approval before issuance of any permits. 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. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 8 RESOLUTION NO. 90-145 14. Waiver of access to Country Club Drive, E1 Dorado Drive, 42nd Avenue and Oasis Club Drive, except at approved locations, shall be granted on the final map. 15. Applicant shall pay Transportation Uniform Mitigation Fees ( TUMF) in accordance with applicable city ordinance. Payment of these fees shall be credited against the City of Palm Desert Mello-Roos Community Facilities District ( Cook Street Improvements ) in the event such a district is formed. 16 . Half street right-of-way at fifty-five feet on Country Club Drive, . fifty-five feet on E1 Dorado Drive, fifty feet on 42nd Avenue and fifty feet on Oasis Club Drive for dedication on the final map. 17 . Improvement plans for water and sewer systems shall be approved by the respective service districts with "as-built" plans submitted to the department of public works prior to project final . 18 . As required by the Palm Desert Municipal Code, all existing overhead utilities shall be placed underground per each utility districts recommendation. I Applicant agrees to join in any assessment district which may be formed for the undergrounding of those existing overhead facilities which cannot currently be undergrounded due to their size. 19 . _A complete preliminary soils investigation, prepared by a registered soils engineer, shall be submitted to and approved by the public works department prior to the issuance of any permits. SRS/tm 9 RESOLUTION NO. 90-146 .ti A REziJLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PRECISE PLAN FOR A 1278 UNIT COUNTRY CLUB TYPE RESIDENTIAL/CONDOMINIUM PROJECT WITH RELATED AMENITIES ON 637 ACRES IN SECTION 11 T5S R6E SBBM. CASE NO. PP 90-21 WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of November, 1990, hold a duly noticed public hearing which was continued to December 13, 1990, to consider the request of SUNRISE DESERT PARTNERS for the above mentioned project; 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. 80-89, " in that the director of community development has determined that the project will not have an adverse 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 to exist to justify their actions: 1 . The design of the precise plan will not substantially depreciate property values in the vicinity. 2 . The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3 . The precise plan will not endanger the public peace, health, safety or general welfare. 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 the Negative Declaration of Environmental Impact Exhibit "A" attached is hereby certified. 3 . That Precise Plan PP 90-21 on file in the department of community development is hereby approved, subject to conditions ( Exhibit "B" ) . RESOLUTION NO . 90-14' a PASSED, APPROVED and ADOPTED at a regular meeting of the Pa1n Desert City Council , held on this 13th day of December, 1990, by the following vote, to wit: AYES : BENSON, CRITES, KELLY, WILSON, SNYDER NOES : NONE ABSENT : NONE ABSTAIN: NONE WALTER H. SNYDER, Mayor ATTEST: 71/ SHEILA R . GILLIGAN, City erk City of Palm Desert, Ca 1,yornia SRS/tm 2 ' RESOLUTION NO . 90-146 _ EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: PP 90-21 APPLICANT/PROJECT SPONSOR: Sunrise Desert Partners 46-200 Cook Street Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Precise plan of design for a 1278 unit residential condominium golf course and country club development in Section 11 , T5S R6E SBBM. 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. December 13, 1990 RAMON A. DIAZ DATE DIRECTOR OF COMMUNITY DEVELOPMENT SRS/tm 3 RESOLUTION NO . 90-1 EXHIBIT "B" CONDITIONS OF APPROVAL CASE NO. PP 90-21 Department of Community Development/Planning• 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 . 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. 3 . Construction of a portion of said project shall commence within one year frcr- e date of final approval unless an extension of time is grant _ . .therwise said approval shall become null, void and of no effec� „natsoever. Prior to issuance of a building permit for construction of any us contemplated by this approval, the applicant shall first_ obtai. permits and/or clearance from the following agencies: Coachella Valli_ Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Desert Sands Unified School District Evidence of said permit or clearance from the above agencies shall be presented to the depar- -�t of building and safety at the time of issuance of a building Iit for the use contemplated herewith. 5 . Payment of fringe-toed lizard mitigation fees in amount of $600 . 00 ( $600 per acre prorated) required prior to issuance of grading permit or evidence such fee has been paid. 6 . That exterior lighting on the site comply with Riverside County Ordinance No. 655 ( i .e. lighting fixtures emitting 4050 or more lumens must be low pressure sodium in nature ) . 7 . That the proposed wall along 42nd Avenue be moved 8 feet to the north to provide a minimum 20 feet of setback from the curb face to the wall or alternatively the applicant resubmit a landscape plan for this section providing substantial landscaping pockets to buffer the effect of a long straight wall to the satisfaction of the architectural review commission. 4 RESOLUTION NO. 90-146 8 . That the country club maintenance facility shall provide sufficient onsite parking area for all maintenance employees. 9 . That the setbacks for units on this condominium project shall be as shown on the "typical setback" plan dated October 9, 1990 on file with the department of community development. Minimum setbacks to a head-in garage shall be 20 feet. Minimum front setback to a side-in garage shall be 10 feet with a 25 foot driveway backup area. 10. That the street plan provide on the street bicycle lanes on E1 Dorado, 42nd Avenue and Oasis Club Drive. The bicycle lane on Country Club to be on the sidewalk. 11 . That this approval shall be null and void unless said property is annexed to the City of Palm Desert. 12 . That the landscape theme for the development include significant areas of drought tolerant landscape materials to reduce water usage and that all parkway landscaping within the right-of-way shall be drought tolerant subject to approval of the Environmental Conservation Manager. 13 . That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance No. 612, said enclosures subject to approval of Environmental Conservation Manager. 14. Project is subject to Art in Public Places fee per Ordinance No. 473. 15. Landscape plans for the club house area shall comply with parking lot tree planting master plan. City Council Conditions: 1 . Developer shall consult with the Art-in-Public Places Subcommittee ( in terms of treatment to perimeter walls ) . 2. If the clubhouse is to be higher than 50 feet, renderings shall be submitted to council for review and approval . 3 . Staff instructed to examine formation of the undergrounding district to get it going now. SRS/tm 5 MINUTES ARCHITECTURAL REVIEW COMMISSION MARCH 10, 1992 •aaa►a►►►►a►aaaara►aarasaaata►aaa►sasaar►►arraaararaarr►raaaar raaararaaarr 1 . CALL TO ORDER: The meeting was called to order at 12: 15 p.m. Commission Members Current Meeting Year to Date_ Present Absent Present Absent Ron Greaorv. Chairman X 5 0 Rick Holden X 5 0 Frank Urrutia X 3 2 Chris Van Vliet X 5 0 Kirbv Warner X 3 2 Wavne Connor X 3 2 Staff Present: Phil Drell Steve Smith Bob Smith Donna Bitter II . APPROVAL OF MINUTES: It was moved by Commissioner Urrutia. seconded by Commissioner Holden, to approve the minutes of the February 25. 1992 meeting as submitted. Motion carried 4-0. Ill . It was moved by Commissioner Urrutia. seconded by Commissioner VanVliet. to approve the following cases by minute motion. Motion carried 4-0. A. Final Drawings: 1. CASE NO. : 3020 SA APPLICANT (AND ADDRESS) : RAUL SOSA & ASSOCIATES for LAS CASUELAS CAFE. 57-853 E. Palm Canvon Drive, Cathedral Citv. CA 92234 NATURE OF PROJECT/APPROVAL SOUGHT: Sign approval LOCATION: 73-703 Highway III ZONE: C-1 The proposed sianaae would be pink neon mounted on a large metal can raceway. Commission approved signage as submitted. MINUTES ARCHITECTURAL REVIEW COMMISSION MARCH 10. 1992 8. CASE NO. : 3032 SA APPLICANT (AND ADDRESS) : IMPERIAL SIGN CO. for SUPER CUTS. 46- 120 Calhoun Street. Indio. Ca 92201 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of business identification sianaae ZONE: C-1 S.P. Commission approved the sianaae subiect to reducing the letter size to a maximum of 14" and proportion sianaae to allow for more of a border. B. Preliminary Plans: 1 . CASE NO. : PP 92-1 APPLICANT (AND ADDRESS) : JAMES PALMER. Post Office Box 1027. Rancho Mirage. CA 92270: JAMES FETRIDGE. Post Office Box 1963. Palm Desert, CA 92261 NATURE OF PRODUCT/APPROVAL SOUGHT: Approval of preliminary landscaDina plans LOCATION: West side of Monterev Avenue. 1000 feet south of Fred Warina Drive ZONE: O.P. Commission continued the plans at the applicant's reauest and directed anDl ! cant to solicit the services of a professional landscape architect. 2. CASE NO. : T,T_ 66123 APPLICANT (AND ADDRESS) : SUNRISE_DESERT. PARTNERS for IND_IgNj CRIAGE COUN-T-R-Y—CLUB. 42-600 Cook Street. Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Revisions to plans given Dreliminary approval LOCATION: Country Club Drive between 42nd Avenue. El Dorado Drive and Oasis Country Club ZONE: PR-5 4 r MINUTES ARCHITECTURAL REVIEW COMMISSION MARCH 10. 1992 Commission approved the revised plans as submitted. 3. CASE NO. : PP 91-14 APPLICANT (AND ADDRESS) : SCHMITZ/ANDERSON ENTERPRISES. Post Office box 3592. Palm Desert. CA 92261 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of revised preliminary architectural and landscape plans LOCATION: 44-555 San Rafael Avenue ZONE: R-3 Phil Drell presented the revised plans showing that the project was changed to a seven unit apartment complex. Commission approved the revised Preliminary plans as submitted. C. Miscellaneous Cases: 1. CASE NO. : 895 SF APPLICANT (AND ADDRESS) : H.B. MAC ARTHUR, 74-092 Covered Wagon Trail , Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of 8' wooden fence LOCATION: 74-092 Covered Wagon Trail ZONE: Mr. Drell noted that the applicant was asking for a variance for the height and the distance the fence would be from the curb. The applicant. Mrs. MacArthur, requested to replace the existing 7' wooden fence and stated that she needed to keep the 7' high fence because of the swimming pool in the front vard of the home. Mrs. MacArthur added that the fence would be completely covered with bougainvillaea and oleanders. Commissioner Holden felt that. a 6' fence would be appropriate since she would be adding the vegetation to screen the fence. He noted that anvthing over 6' would be considered a structure and the building_ department would require the applicant to engineer the fence. COITimi5sioner Urrutia noted that the commission was limited to the 6' height with the city ordinance. 5 MINUTES PALM DESERT PLANNING _-iMMISSION a NOVEMBER 6, 1990 C. Continued Case No. CUP 90-17 - SEAN SUNTAG, Applicant Request for approval of a conditional use permit to expand the existing Louise' s Pantry restaurant by 600 square feet (enclose the existing east patio area) located in the 111 Town Center at Highway 111 and Town Center Way. Mr. Smith informed commission that the applicant was present to seek a continuance to allow him to take his project back to the architectural commission for approval prior to the planning commission reviewing the case. Chairperson Whitlock opened the public testimony and asked if the applicant wished to address the commission. MR. SEAN SUNTAG informed commission that his architect would have plans available by Friday for the Tuesday architectural commission meeting and then he could return to planning commission. Chairperson Whitlock asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . Action• Moved by Commissioner Richards, seconded by Commissioner Jonathan, continuing CUP 90-17 to December 4, 1990. Carried 4-0. DContinued Development Agreement for'TT 26123 )- SUNRISE DESERT PARTNERS, Applicant Request for approval of a draft preannexation and development agreement and negative declaration of environmental impact as it pertains thereto for a 1278 unit residential condominium development including two 18 hole golf courses, tennis facilities and related amenities on 637 acres located between Country Club Drive and 42nd Avenue and between El Dorado Drive and Oasis Club Drive. 5 i MINUTES PALM DESERT PLANNING ..JMMISSION • NOVEMBER 6, 1990 Mr. Smith outlined the salient points of the development agreement and recommended approval . He noted that the minimum size referred to as 1300 square feet should be changed to 1200 square feet. Commissioner Richards questioned the number of units in the agreement being 1500. He noted that at the last meeting the commission approved the precise plan with 1278. Staff explained that the applicant would like a little flexibility. Commission strongly objected to the precise plan and development agreement having a different number of units. Commissioner Richards was also concerned about the number of golf memberships that would be sold. Chairperson Whitlock opened the public testimony and asked if the applicant wished to address the commission. MR. PHIL SMITH, Executive Vice President of Sunrise, 42- 600 Cook Street, informed commission that the property was PR-5, which would allow more units than the 1500, and they would like some flexibility. He indicated that the 1278 approved represented their best guess to date and noted that 1500 units would only be 2.35 units per acre. Following extensive discussion regarding limiting the number of golf memberships and continuity between the number of units approved and in the development agreement, Mr. Smith agreed that the agreement would reflect the 1278 units and they could come back and request a change if it was needed. Commissioner Richards indicated that he would not add a condition of approval limiting the number of golf memberships. Chairperson Whitlock asked if anyone wished to speak in FAVOR or OPPOSITION to the project. There was no one and the public testimony was closed. Action• Moved by Commissioner Richards, seconded by Commissioner Erwood, approving the findings as presented by staff. Carried 3-0-1 (Commissioner Jonathan abstained) . Moved by Commissioner Richards, seconded by Commissioner Erwood, adopting Planning Commission Resolution No. 1480, recommending approval of the draft preannexation and development agreement for Indian Ridge Country Club Exhibit 6 4 MINUTES PALM DESERT PLANNING -JMMISSION NOVEMBER 6, 1990 "A" to city council as amended. Carried 3-0-1 (Commissioner Jonathan abstained) . E. Case Nos. PP 90-20, PM 26609, VAR 90-7 - NELCON INC. , Applicant Request for approval of a precise plan of design, parcel map and variance to the minimum lot size limit and negative declaration of environmental impact as it pertains thereto for an 11 unit apartment project and proposal to resubdivide the recently merged property into 3 lots, one of which will be below the 10, 000 square foot minimum for the R-3 zoned property at the northeast corner of Abronia Trail and Sunset Lane. Mr. Smith explained that the applicant was requesting a continuance to evaluate park fees that will be imposed, as well as the city attorney' s opinion that this approval would nullify the previous approval now on the property. He stated that the applicant would like both approvals to be valid and then he could decide later which project he preferred to build. Chairperson Whitlock opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. There was no one. Action• Moved by Commissioner Jonathan, seconded by Commissioner Erwood, continuing PP 90-20, PM 26609, VAR 90-7 to November 20, 1990. Carried 4-0. VIII . MISCELLANEOUS A. PROJECT AREA NO. 3 - PALM DESERT REDEVELOPMENT AGENCY, Applicant Request for approval of a resolution selecting the boundaries of project area no. 3 and approving the preliminary plan. 7 i J 1 LAW OFFICES NOSSAMAN, GUTHNER, KNOX & ELLIOTT RECEIVED A PARTNERS11P INCLUD-0 PROFESSIONAL COR CO RRTIONS WALTER L. NOSSAMAN THIRTY-FIRST FLOOR AUG 2 0 EN ELLIOTT Oe66-19641 1� COVNSEL 445 SOUTH FIG UEROA STREET LOS ANGELES, CALIFORNIA 9 0 071-16 0 2 TON, D.c. SAN FRANcls L COMMUNITY UOF P&MEN E St}I�IT THIRTY-FOURTH FLOOR TELERHorvE Iz131 612-7eoo CITY OF PNM OESERi SUITE Boo 50 CALIFORNIA STREET FACSIMILE (213) 612-780I 1227 25" STREET, N. W. SAN FRANCISCO. CA 94111-4712 WAIHINGION, D. C. 20037-1156 14151 398-3500 TELEX 67-4908 Iz021 223-9100 ORANGE COUNTY SACRAMENTO SUITE 1250 SUITE 1000 650 TOWN CENTER DRIVE August 15, 1991 915 L STREET COSTA MESA, CA 92626-1961 /^ SACRAMENTO, CA 95BI4-37CI '714) B35-9000 iVVV//1(j//\'WJ`_7 IF,.,4n2-BBBB WR'.7ER'5 DIRECT DIAL NUMBER /^l REFER TO FILE NUMBER (213) 612-7847 L66! `� VIA FEDERAL EXPRESS 9 t �d Mr. Bruce Altman City Manager d 2.i�,✓ City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 1 Re: Indian Ridge Country Club Project -- Request for Mello-Roos Community Facilities ) District Financing by Sunrise Company Dear Mr. Altman: I very much enjoyed meeting with you and other members of the City staff and Mayor Snyder in connection with the proposal by Sunrise Company (the "Developer" ) to receive Mello-Roos Community Facilities District Financing to pay for certain infrastructure facilities and impact fees required of the Indian Ridge Country Club Project (the "Project" ) . The Developer ' s request for Mello-Roos financing is contained in several correspondence which I have reviewed and follows upon the City' s covenant set forth in Section 8 .6 of the Development Agreement relating to the Project that the City would use its best efforts to cooperate with Sunrise in the formation and establishment of a CFD. The Project consists of a 640-acre, 1,500 unit residential development with adjacent recreational facilities . The Project would be built in several phases, and the Developer' s proposal requests the issuance of Mello-Roos bonds in several series. We were told by the Developer that NOSSAMAN, GUTHNER, KNOX o ELLIOTT Mr. Bruce Altman August 15, 1991 Page 2 Mello-Roos financing is critical in the overall financial plan for the development of the Project given current credit conditions in the private lending markets. During our meeting, you and your staff raised several issues concerning the City' s participation in such a Mello-Roos financing. Even though the City has not utilized Mello-Roos financing to date, I was impressed with the breadth of knowledge of you and your staff in the use of such financing technique as permitted by the law and as utilized by other public utilities in the State. What follows is my attempt to address the concerns raised by you and your staff during our meeting in a question and answer format. I . Q: IS THIS AN APPROPRIATE PROJECT FOR UTILIZATION OF MELLO-ROOS COMMUNITY FACILITIES DISTRICT FINANCING? A: MELLO-ROOS COMMUNITY FACILITIES DISTRICT FINANCING IS APPROPRIATE FOR THE INDIAN RIDGE COUNTRY CLUB PROJECT BECAUSE OF THE LARGE SCALE NATURE OF THE PROJECT AND THE REGIONAL BENEFIT CONFERRED BY SEVERAL OF THE INFRASTRUCTURE IMPROVEMENTS TO BE FINANCED. Mello-Roos financing came into existence in the early 1980 ' s largely in response to the property taxation limitations imposed by Proposition 13 . In order to continue to provide the necessary infrastructure facilities to serve new development, the state legislature authorized the formation of Mello-Roos Community Facilities Financing Districts following a noticed public hearing and upon receipt of two-thirds approval of the electors (or two-thirds of the acreage if the District is to be formed by landowner vote) . Only property within the District is taxed to pay for improvements necessitated by development occurring within the District. Because of the public nature of the improvements involved, the interest paid with respect to Mello-Roos bonds is excluded from state and federal personal income taxes thus resulting in lower cost financing which benefits the homeowners who are obligated to pay the special taxes . Development of the Indian Ridge Project involves the installation and construction of certain infrastructure facilities and the payment of capital improvements fees which in turn will be used for the development of major infrastructure facilities. Furthermore, because the Indian Ridge Country Club Project involves the construction of a large Y NOSSAMAN, GUTHNER, KNOX o ELLIOTT Mr. Bruce Altman August 15, 1991 Page 3 number of residential units to be developed on what is currently vacant land, Mello-Roos financing is particularly advantageous . During our meeting you and your staff mentioned a concern regarding the possible proliferation of Mello-Roos financings for residential/commercial developments in the City to finance the in-tract, subdivision improvement requirements of developers . As mentioned by Sunrise Company, the unique nature of Indian Ridge Country Club Project given its large scale size and significant infrastructure requirements due to the vacant, undeveloped status of the Property distinguishes this Project such that the City agreed in the Development Agreement regarding the Project to cooperate in the formation of a Mello-Roos Community Facilities District. Furthermore, it was explained that the Development Agreement process was in the nature of a pre-annexation agreement since the Project was originally located in the County of Riverside and the Developer agreed to annexation if the City, among other matters, agreed to form a Mello-Roos district. II . Q: WHAT IS THE CITY' S LIABILITY IN CONNECTION WITH THE REPAYMENT OF MELLO-ROOS BONDS? A: THE CITY' S OBLIGATION TO REPAY MELLO-ROOS BONDS IS LIMITED SOLELY TO THE LEVY AND COLLECTION OF SPECIAL TAXES AGAINST PARCELS WITHIN THE COMMUNITY FACILITIES DISTRICT. Mello-Roos bonds are secured solely by a lien on property within the Community Facilities District which in turn secures repayment of special taxes due and payable by the owners of such property. There is no contingent obligation on the part of the City to make principal and interest payments or to submit bids at a property tax sale or foreclosure sale. A bond reserve fund will be established with the Fiscal Agent in an amount equal to approximately ten percent of the outstanding amount of bonds which will secure the payment of delinquent special taxes. Capitalized interest may be funded from the proceeds of the bonds which will be sufficient to pay up to two years of interest with respect to the bonds during the period that the Project is being constructed. The bond underwriter will impose reasonable credit criteria with respect to the value of the property securing the special taxes and will perform appropriate due diligence as required by federal securities laws to ensure that the Project will proceed as represented, that bond proceeds will be used in the manner NOSSAMAN, GUTHNER, KNOX o ELLIOTT Mr. Bruce Altman August 15, 1991 Page 4 indicated and that there will be sufficient safeguards in the rate and method of apportionment of the special tax to provide an adequate stream of revenues to repay bondholders . III . Q: CAN DEVELOPMENT IMPACT FEES BE FINANCED WITH MELLO-ROOS BONDS? A. DEVELOPER IMPACT FEES CAN BE FINANCED WITH MELLO-ROOS BONDS UNDER CERTAIN CONDITIONS. The Developer' s proposal for issuance of Mello-Roos bonds includes a request that certain impact fees required of the Project be financed with Mello-Roos bonds . According to the Mello-Roos Community Facilities District law, any facilities with a useful life of five years or more which are publicly owned or operated are eligible for Mello-Roos financing. As a federal tax matter, it will be necessary to ensure that Mello-Roos bond proceeds to be used for payment of impact fees will be expended within three (3) years of the date of issuance of the bonds to pay for public improvements. During our meeting, you asked whether other public agencies had allowed the use of Mello-Roos bond proceeds to pay developer impact fees . I mentioned to you our experience as counsel to the Orange County Transportation Corridor Agencies, the joint powers authorities authorized to design, construct and operate public toll roads. Approximately fifty percent of the cost of the construction of the transportation corridors is to be paid from developer impact fees levied pursuant to major bridge and thoroughfare ordinances. The County of Orange has formed the Foothill Community Facilities Financing Districts in order to finance the corridor fees due from developers in the Foothill Ranch area. This is only one of many examples where communities have permitted the use of Mello-Roos financing for the payment of impact fees . My follow-up discussion with Dave Erwin and his discussions with his bond people confirm this use of Mello-Roos financing. IV. Q: WILL HOMEOWNERS BE MADE AWARE OF THE SPECIAL TAXES BEFORE THEY PURCHASE HOMES? A. A PROSPECTIVE PURCHASER OF A HOME WILL BE NOTIFIED OF THE SPECIAL TAX, THE MAXIMUM ANNUAL AMOUNT OF THE SPECIAL TAX, THE NUMBER OF YEARS FOR WHICH IT WILL BE LEVIED AND THE FACILITIES PAID FROM THE PROCEEDS OF THE SPECIAL TAX AS REQUIRED BY CALIFORNIA LAW. 1 NOSSAMAN, GUTHNER, KNOX 8 ELLIOTT Mr. Bruce Altman August 15, 1991 Page 5 California law requires that any person who offers subdivided lands for sale or lease must notify the Department of Real Estate of the amount of any indebtedness which has been or is proposed to be incurred by a Community Facilities District, as well as the existence of any special tax to repay such indebtedness, the maximum annual amount of such special tax and the facilities financed with the proceeds of the special tax. Prospective purchasers of the homes in the Indian Ridge Country Club Project will be given notice of these items relating to the special tax as part of their review of the "white report" required. by the Department of Real Estate. V. Q: WILL THE CITY BE LIABLE FOR THE PAYMENT OF COSTS AND EXPENSES IN CONNECTION WITH THE ESTABLISHMENT AND ADMINISTRATION OF THE COMMUNITY FACILITIES DISTRICT AND THE SALE OF MELLO-ROOS BONDS? A: THE CITY WILL BE ABLE TO PAY ALL COSTS ASSOCIATED WITH THE ESTABLISHMENT AND ADMINISTRATION OF THE DISTRICT AND THE SALE OF BONDS FROM SPECIAL TAXES, BOND PROCEEDS OR DEVELOPER CONTRIBUTIONS. The initial establishment of the Community Facilities District will involve a variety of financial and engineering professionals, all of whose costs can be recouped from the initial sale and delivery of the first series of bonds . To the extent that such third parties fees are not contingent upon the successful sale of the bonds, it is common for communities to request that developers advance funds towards the payment of these initial costs, and I understand that Sunrise Company is willing to make such an advance. The ongoing administrative cost of the City will involve the preparation of the special tax levy information, inspection of public facilities and annual payments to the fiscal agent for bond related expenses. All of these costs may be recouped from the annual special tax levy. I hope that this letter has responded to the concerns raised by you and your staff during our last all-hands meeting. If you have any further questions or comments regarding these issues, please do not hesitate to call me. I have also enclosed for your review a schedule of actions required in order to form a Mello-Roos Community Facilities District which assumes that the first series of Bond NOSSAMAN, GUTHNER, KNOX & ELLIOTT Mr. Bruce Altman August 15, 1991 Page 6 could be sold sometime the beginning of next year. You will note that the first formal action by the City Council in connection with the formation of the Community Facilities District will be the adoption of a Resolution of Initiation hiring bond counsel, underwriter and any other finance professionals the City deems appropriate and authorizing City staff to proceed with the formation of the Community Facilities District. During our last meeting, we all agreed it would be helpful to meet again sometime at the end of August to prepare for a study session with the City Council in early September to answer any questions council members may have and to get clear direction from the council to follow through on the proposal. Thank you again for the opportunity of meeting with you and your staff. I look forward to gettin together with you and the rest of the group at the end of e)month in order to discuss this matter further. Sincerely, r" Bar ey A. of NOSS , GUTHNER, KNOX & ELLIOTT J BAA:ml LA2/BAA:244 cc: Dave Erwin, Esq. City Attorney Mr. Phillip Smith Sunrise Company Mr. Michael Hulme Sunrise Company Ms . Carlene Duque Merrill Lynch Mr. Carlos Ortega Redevelopment Director FORMATION OF CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 1 .(INDIAN RIDGE COUNTRY CLUB PROJECT) AND ISSUANCE OF BONDS PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 The following is a schedule of actions for formation of the City of Palm Desert Community Facilities District No. 1 ( Indian Ridge Country Club Project) and the issuance of bonds secured by a special tax levied thereunder. Nossaman, Guthner, Knox and Elliott, as bond counsel, would undertake to draft all resolutions for the City Council, and would provide the forms of all necessary notices . A. Formation 1 . Resolution of Initiation (i) City Council accepts petition filed by the Sunrise Company with the City Clerk requesting the institution of proceedings; and (ii) City Council authorizes staff to commence proceedings to form District and authorizes the appointment of bond counsel, underwriter and other members of finance team. The petition must request institution of proceedings to establish a community facilities district, describe the proposed boundaries of the district, state the type or types of facilities and services to be provided. 2 . Resolution of Intention. City Council adopts a resolution of intention within 90 days after receipt of the filing of petition. The resolution of intention must: (i) State that a community facilities district is proposed to be established and describe the Indian Ridge Country Club project as its proposed boundaries; (ii) State the name of the proposed District; (iii) State the type or types of public facilities and services proposed to be provided within the District; 1 LA2/BAA:245-8/13/91 (iv) State that a special tax sufficient to pay for all the facilities and services will be annually levied within the District and specify the rate and method of apportionment of the special tax in sufficient detail to allow each landowner or resident within the District to estimate the maximum amount that he will have to pay; (v) If applicable, describe any adjustments in the property taxation to pay prior indebtedness; (vi) Describe the proposed voting procedure; (vii) Set a public hearing on the establishment of the proposed District which must be not less than 30 nor more than 60 days after the adoption of the resolution of intention; (viii) Direct appropriate officers to study the proposed district and to file a report containing a brief description of the facilities and services required to meet the needs of the district and the estimated cost therefor; and (ix) Direct recording of the map of the proposed boundaries of the District within 15 days . 3 . Notice of Public Hearing. After adoption of the resolution of intention, the City Clerk must publish a notice of the public hearing at least 7 days before the date of the hearing. At the option of the City, notice also may be given by first class mail to each registered voter and landowner within the district, mailed at least 15 days proposed containing the same in formation as is in before the hearing an g the published notice. 4 . The Public Hearing and Adoption of Resolution of Formation. At the public hearing, protests against the establishment of the District, the extent of the District or the furnishing of specified types of public facilities or services within the District may be made orally or in writing by any interested persons or taxpayers . At the conclusion of the hearing, the City Council adopts a resolution of formation of the District. The resolution of formation must contain all the information contained in the resolution of intention to establish the 2 LA2/BAA:245-8/13/91 District. If a special tax is proposed to be levied in the District, the resolution of formation must state that fact and identify any facilities or services proposed to be funded with the special tax. 5 . Election. After the City Council adopts the resolution of formation, it must submit the levy of the special tax to the qualified electors of the proposed District in the next general election or in a special election to be held within 90 to 180 days following the close of the hearing, whichever election date occurs first. The waiting period may be waived by unanimous consent in a land-owner vote. (i) If fewer than 12 registered voters reside within the proposed District, as is the instant situation, the vote must be by the landowners of the proposed District with each landowner having one vote for each acre or portion thereof of land owned within the proposed District. (ii) The City may levy the special tax if 2/3 of the votes cast upon the question of levying the tax are in favor. If less than a 2/3 favorable vote is received, the City cannot take further action on levying any specified special tax for a period of one year from the date of the election. 6 . Notice of Special Tax Authorization. Within 15 days of confirmation by the voters of a special tax, a Notice of Special Tax Authorization must be recorded in the County Recorder' s Office. B. Levy of Special Tax 1. In the resolution of intention, the City must specify the rate and method of apportionment of the special tax, which is established at the discretion of City with input from the Special Tax Consultant, Underwriter and Developer. 2 . After a District has been created and authorized to levy the special tax, the City may levy the special taxes at the rate and apportion them in the manner specified in the resolution and approved by voters by ordinance. 3 . The special tax may be collected in the same manner as ordinary ad valorem property taxes are collected and may be subject to the same penalties and the same procedure and sale in case of delinquency as provided ad valorem taxes, or with such other procedures as the City prefers . 3 LA2/SAA:245-8/13/91 i C. issuance of Bonds (these proceedings may be taken concurrently with the formation proceedings) . 1 . if the City deems it necessary for the District to incur a bonded indebtedness, it must adopt a resolution stating: (i) A declaration of the necessity for the indebtedness; (ii) The purpose for which the proposed debt is to be incurred; (iii) The amount of the proposed debt; and (iv) The time and place for a hearing on the proposed debt issue. 2 . After adoption of the resolution to incur bonded indebtedness, the City Clerk must publish a notice of the hearing. The notice must: (i) Contain the text of the resolution; (ii) State that the hearing referred to in the resolution will be at the time and place specified in the resolution; and (iii) State that at that time and place any person interested will be heard upon the proposed debt issue. 3 . The City conducts the hearing and any person interested may appear and present any matters material to the questions set forth in the resolution declaring the necessity for incurring the bonded indebtedness . 4 . After the hearing, the City adopts a resolution stating: (i) That it deems it necessary to incur the bonded indebtedness; (ii) The purpose for which the bonded indebtedness will be incurred; (iii) Whether all or a portion of the District will pay for the indebtedness; (iv) The amount of debt to be incurred; 4 LA2/BAA:245-8/13/91 (v) The maximum term of the bonds (not to exceed 40 years) ; (vi) The maximum annual rate of interest to be paid, payable annually or semi-annually, or in part annually and in part semi-annually; (vii) That the proposition will be submitted to the voters; and - (viii) The date of the election at which time the proposition will be submitted to the voters and certain information relating to the conduct of the election. 5 . The resolution described above will constitute the notice of the special bond election and must be published in a newspaper of general circulation within the District. The bond proposition must be approved by 2/3 vote. After election approval, bonds may be issued by resolution. 6 . The City may sell bonds at private sale, without advertising for bid, if it determines that such a negotiated sale would result in a lower interest cost on the . bonds. D. Validation Suits . In the past, proceedings under the Mello-Roos Act have typically been validated by a superior court action prior to the actual levy of the special tax and issuance of bonds . The reasons for this include concern over the 1% ad valorem tax limit in Article XIIIA of the Constitution, questions regarding the "fairness" of the tax and concern that Proposition 46 (authorizing an increase in the 18 general property tax levy with a 2/3rd vote) preempted in some way the levy of the special tax. However, in light of the California Supreme Court ' s decision in Heckendorn v. Cites of San Marino, 42 Cal . 3d 481 ( 1986 ) , and the numerous Superior Court decisions upholding Mello-Roos financings, we feel that most of these concerns have been clearly settled by the courts . We are also aware of Mello-Roos financings that have been completed without a validation suit. Based upon our understanding of the facts of the instant proposal, we are willing to proceed with a financing without the time-consuming and expensive procedure of a validation suit. We are sensitive to the fact that some public bodies prefer the political security of a validation suit, and we are prepared to file a validation suit in such circumstances . 5 LA2/BAA:245-8/13/91 l RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: p City Clerk's Office fL City of Palm Desert V O 73-510 Fred Waring;Drive �y Palm Desert, CA 0260 Q C" FOR THE BENEFIT OF THE y CITY OF PALM DESERT i id NO FEE 6103 OF THE GOVT. CODES 3' Ic { �. �Y ORDINANCE NO. 627 AN G-JINANCE OF THE CITY COUNCIL OF THE 2()5654 CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND SUNRISE DESERT PARTNERS TO ALLOW CONSTRUCTION OF A RESIDENTIAL CONDOMINIUM/COUNTRY CLUB PROJECT IN SECTION 11, T5S, R6E. CASE NO. PREANNEXATION AND DEVELOPMENT AGREEMENT FOR VESTING TT 26123 WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of November, 1990, hold a duly noticed public hearing which was continued to December 13, 1990, to consider the request of SUNRISE DESERT PARTNERS to consider the above mentioned project; 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: 1. That the development agreement is consistent with the provisions of Section 25.37 Development Agreements. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the city council in this case. 2. That the City Council does hereby approve the Development Agreement, Exhibit "A", for Case No. Vesting TT 26123 between the City of Palm Desert and Sunrise Desert Partners. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this loth day of January, 1991, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, SNYDER NOES: NONE ABSENT: WILSON !�ABSTAIN: NONE WALTER H. SNYDER, Mayo ES Grp SHEILA R. GI AN, ty Clerk EACH ORC!!f!UJ-1 T'? 171.11rH THIS CER^fl ;".Tc !S City of P81m Deser , Californla p,�� s;'� IS CEE:i"'�^ 70 cc A FU:i. _`: !' -'c SRS/tm C0F11crT CQ?Y Iff Tr 00,IGAA1 VJ FiV_ fi0 RECURG I"d f•.4Y GFFIU. Bated: Sl::.L% R. G:.LIGAfd, City Clerk City u ' : rt C�;fornia �t i 3 T:i3 CITY OF P:;L•':; NO FEE 6103 OF THE GOVT. C:. :G 2'�J654 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk (Space Above This Line For Recorder's Use) INDIAN RIDGE COUNTRY CLUB PREANNEXATION AND DEVELOPMENT AGREEMENT TABLE OF CONTENTS Page No. RECITALS 1 AGREEMENT 3 1. 0 Definition of the Project . . . . . . . . . . . . . . . . . . . . . . 3 2 . 0 Definition of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 . 0 Property Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 . 0 Timing of Annexation . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5. 0 Compliance with CEQA . . 4 6. 0 Consistency with the General Plan . . . . . . . . . . . . . . 4 7 . 0 Sunrise's Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7. 1 Development Fees . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 .2 Mello-Roos Community Facilities District for Cook Street Improvements . . . . 5 7 . 3 Drainage Facilities . . . . . . . . . . . . . . . . . . . . . . 5 7 . 4 Street Improvements . . . . . . . . . . 6 7 .4. 1 Avenue 42 (Southern Perimeter of the Property) . . . . . . . . . . . . . . . 6 7 .4. 2 Eldorado Drive (Western Perimeter of the Property) . . . . . . . . 6 7 .4. 3 Oasis Club Drive (Eastern Perimeter of the Property) . . . . . . . . 6 7.4.4 Country Club Drive (Northern Perimeter of the Property) . . . . . . . . 6 7 .4. 5 Sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . 6 7.4 .6 Traffic Signals . . . . . . . . . . . . . . . . . . . 6 7. 5 Time for Commencement . . . . . . . . . . . . . . . . . . . . 7 8 . 0 City's Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8. 1 Development in Accordance with Existing Approvals • . . . . . . . . . . . . . . . . . . . 7 8 .2 Timely Application and Processing . . . . . . . . 7 8. 3 Exemption From Construction Moratorium . . . 7 8.4 Review of Subsequent Applications . . . . . . . . 7 8.5 Other Governmental Permits . . . . . . . . . . . . . . . 8 8. 6 Cooperation in Formation of CFDS . . . . . . . . . 8 -ii- 9 . 0 Limitations, Reservations and Exceptions . . . . . . . 8 9 . 1 Reservations of Authority . . . . . . . . . . . . . . . . 8 9.2 Future Regulations . . . . . . . . . . . . . . . . . . . . . . . 9 9. 3 State and Federal Laws and Regulations . . . 9 9. 4 Full Extent of Law . . . . . . . . . . . . . . . . . . . . . . . 9 10. 0 Periodic Review of Compliance . . . . . . . . . . . . . . . . . . 9 10. 1 Planning Commission Review . . . . . . . . . . . . . . . 9 10. 2 Appeal to City Council . . . . . . . . . . . . . . . . . . . 10 10. 3 City Council Action . . . . . . . . . . . . . . . . . . . . . . 10 11. 0 Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 . 0 Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 . 1 Initiation of Amendment . . . . . . . . . . . . . . . . . . 10 12 .2 Insubstantial Deviations from Development Plan . . . . . . . . . . . . . . . . . . 10 12 . 3 Administrative Interpretations Not In Conflict with Purposes of this Agreement 11 13 . 0 Partial Invalidity 11 14 . 0 Enforceability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15. Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15. 1 Specific Performance . . . . . . . . . . . . . . . . . . . . . it 15.2 Withdrawal it 16. 0 Mortgagee Protection 12 17 .0 Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . 12 17. 1 Incorporation of Exhibits . . . . . . . . . . . . . . . . 12 17.2 No Agency Created . . . . . . . . . . . . . . . . . . . . . . . . 12 17.3 Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17.4 No Third Party Beneficiaries . . . . . . . . . . . . . 13 17.5 Assignment 13 17.6 Entire Agreement . . . . . . . . . . . . . . . . . . . . . . . . . 13 17.7 Recitals . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17.8 Further Actions and Instruments . . . . . . . . . . 13 17.9 Notices •. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 . 10 Construction of Agreement . . . . . . . . . . . . . . . . 14 17 . 11 Counterparts 14 17. 12 Hold Harmless . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 17 . 13 Reimbursement of Costs . . . . . . . . . . . . . . . . . . . 14 -iii- 2 ISS11 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk (Space Above This Line For Recorder's Use) INDIAN RIDGE COUNTRY CLUB PREANNEXATION AND DEVELOPMENT AGREEMENT PURSUANT TO THE AUTHORITY of state law, including Sections 65864 through 65869. 5 of the California Government Code, this Preannexation and Development Agreement ("Agreement") is entered this loth day of January. 1991 Mu, by and between the City of Palm Desert ("City") , a municipal corporation of the State of California, and Sunrise Desert Partners ("Sunrise") , a California limited partnership. R E C I T A L S: The parties hereto have. entered into this Agreement on the basis of the following facts, understandings and intentions. A. Sunrise is the owner of property consisting of approximately 640 acres (the "Property") , bounded by Country Club Drive on the north, Avenue 42 on the south, Eldorado Drive on the west and Oasis Club Drive on the east, as more particularly described in Exhibit A. The Property currently is located within the sphere of influence of the City, in the County of Riverside. On September 20 , 1990, a petition was submitted to the Riverside County Local Agency Formation Commission ("LAFCO") requesting the annexation of the Property to the City. B. Sunrise has proposed the development of Indian Ridge Country Club, a planned community of no more than 1, 500 homes, on the Property (the "Project") . The Project will consist of a residential community, two eighteen-hole championship golf courses, and a clubhouse featuring golf, tennis, swimming and health spa facilities. The Project will include a diversity of housing types appealing to a broad range of residents. 2) (: , C. The City is authorized to enter into binding preannexation agreements which set forth the terms and conditions upon which property will be developed following annexation to the City. Pursuant to Government Code sections 65864-65869. 5, the City is further authorized to enter into binding development agreements which encourage and provide for the development of public facilities in order to support the development of new housing; provide certainty in the approval of development projects in order to avoid a waste of resources and an escalation in the cost of housing and other development to the consumer; provide assurance to developers that they may proceed with their projects in accordance with existing policies, rules and regulations, subject to their conditions of approval ; and strengthen the public planning process and encourage private participation in comprehensive planning. D. The development of the Project requires substantial early and major capital expenditures and investments with respect to the construction and installation of major infrastructure and facilities, both on-site and off-site, of sufficient capacity to serve the Project as anticipated by the General Plan of the City and this Agreement. E. The City has approved the following entitlements for the Project: pprezoning of the Project site to P.R.-5, by Ordinance No. 675 a Precise Plan for the Project, by Resolution No. 90-146 ; and a vesting tentative map for the Project, by Resolution No. 90-145 (collectively, "Existing Approvals") , contingent upon the annexation of the Property to the City. F. The Project site is designated P.R. -5 by the General Plan and the North Sphere Specific Plan. This designation allows the development of a maximum of five residential units per gross acre. The residential density of the Project will not exceed 2 . 35 units per gross acre and is, therefore, consistent with the General Plan and North Sphere Specific Plan. The P.R.-5 prezoning, which also allows the development of five residential units per gross acre, . is consistent with the designation of the Project site in the General Plan and North Sphere Specific Plan. G. The City has undertaken the necessary review of the environmental effects of the Project pursuant to the California Environmental Quality Act ("CEQA") . On December 13 1990, the City Council approved a negative declaration ("Negative Declaration") for the Project by Resolution No. 90-145 The Negative Declaration evaluates potential impacts of the Project on the environment and sets forth the City's reasons for concluding that these impacts will not be significant. H. This Agreement is intended to establish standards and requirements for the development of the Project, and to -2- provide for the orderly development of the Project, thereby assuring the public benefits identified by the City in this Agreement. I. Following due consideration of all evidence submitted or heard at duly noticed public hearings, the City Planning Commission and City Council have found and determined that this Agreement (a) is consistent with the City's General Plan; (b) is in the best interests of the health, safety and general welfare of the City, its residents and the public; (c) is entered into pursuant to and constitutes a present exercise of the police power by the City; (d) is entered into pursuant to and in compliance with the requirements of state law; and (e) is entered into for valuable and adequate consideration, based on the obligations assumed by Sunrise hereunder. I. The City has determined that the Project implements the goals and policies of the City's General Plan applicable to the Project. The City further finds that the Project imposes appropriate standards and requirements with respect to land developments and usage so as to maintain and improve the quality of life and the environment within the City. A G R E E M E N T NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: 1. 0 Definition of the Project. The Project is a planned community consisting of a maximum of 1, 500 residential units, two eighteen-hole golf courses, a clubhouse and sports facilities, as more particularly described in the development plan attached hereto as Exhibit B ("Development Plan") . The permitted uses of the Property, the density or intensity of use, and the maximum height and size of proposed buildings shall be as set forth in the Development Plan. 2 . 0 Definition of Terms. "Date of Enactment" shall mean the date of the second reading of the ordinance by which the City approves this Agreement. "Effective Date" shall mean that date (thirty days after the Date of Enactment) upon which this Agreement becomes effective, pursuant to state law. 3.0 Property Interest. Sunrise has shown to the City's satisfaction that its interest in the Property meets the requirements of the -3- Development Agreement Law. Sunrise is the owner in fee of the Property. 4. 0 Timing of Annexation. This Agreement shall not become operative unless annexation proceedings annexing the Property to the City are completed within one year from the Effective Date. If the annexation is not completed within the time specified in the Agreement or any extension of the Agreement, the Agreement shall be null and void. 5. 0 Compliance with CEOA. The City has determined that this Agreement is consistent with and within the scope of the Negative . Declaration. The City has determined that there are no substantial changes in the Project, or in the circumstances under which the Project will be undertaken pursuant to this Agreement, which involve new significant impacts not considered in the Negative Declaration. Therefore, no further environmental analysis of this Agreement is required under CEQA. 6. 0 consistency with the General Plan. The designation of the Property in the General Plan is Planned Residential ("P.R. ") 5. The P.R. designation allows the development of residential uses, community facilities, recreational uses and related accessory uses, and other uses or mixtures of residential with country club related commercial uses, as designated on an approved precise plan. The P.R. district is intended to provide for flexibility in development, creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities and housing types, and community facilities, both public and private. The P.R.-5 designation establishes that five residential units per gross acre are permitted. The Project is consistent with this designation because it will incorporate residential and country club related uses in a creative design, and will not exceed five residential units per gross acre. The City has further determined that this Agreement will implement the goals and policies of the General Plan of the City, including the goals of developing a land use pattern that takes optimum advantage of the City's natural assets, providing for an orderly balance of land uses within convenient and compatible locations and creating a distinctive sense of place and identity for each community and neighborhood in the City. 7 . 0 Sunrise's Obligations. 7. 1 Development Fees. Sunrise shall pay all fees which are required as conditions of approval for the Project, and/or which are contained in City ordinances or resolutions in -4- �J VJ effect at the time of Project approval. The fees payable by Sunrise in connection with the Project shall include, but are not limited to, the following: (a) City park fees, pursuant to the Subdivision Map Act; (b) City Art in Public Places fee; (c) school fee payable to Desert Sands Unified School District, based on state law requirements; (d) Transportation Uniform Mitigation Fee, applicable to regional transportation and public works projects; (e) water and sewer fees payable to Coachella Valley Water District; and (f) Fringe-Toed Lizard Fee, payable under the Fringe-Toed Lizard Habitat Conservation Plan 7 . 2 Mello-Roos Community Facilities District for Cook Street Improvements. The Property shall participate in the proposed Mello-Roos Community Facilities District ("CFD") or assessment district for improvements to Cook Street to the extent determined by the "Special Tax Report" to be filed in connection with the proceedings of the City of Palm Desert, in the Office of the City Clerk of the City of Palm Desert. The City and Sunrise hereby acknowledge that the sum of $1, 687 , 712 ble allocation of public infrastructure costs is a reasonable attributable to the Project. Therefore, the maximum obligation to be imposed on the Property pursuant to the Cook Street CFD or assessment district shall be $1, 687,712. Sunrise further agrees to advance $50, 000 for the formation of the Cook Street CFD, subject to reimbursement from Mello-Roos bond proceeds. Any Transportation Uniform Mitigation Fees (as more particularly described in Section 7. 1 herein) shall be credited against the $1, 687,712 Cook Street CFD obligation. The application of this credit is in recognition that the payment of Transportation Uniform Mitigation Fees represents a contribution by the Project to the public infrastructure costs of the Project, and results in a reasonable allocation of public infrastructure costs attributable to the Project. 7. 3 Drainage Facilities. The Project shall be designed to retain drainage from a 100-year storm on-site. If the City imposes a drainage fee applicable to the Property, Sunrise shall receive a fair and equitable credit against this fee. The credit shall be based on the reduction in the City's cost of building drainage improvements attributable to the Project's on-site retention of drainage. Drainage fees for the construction of regional drainage improvements which would be necessary regardless of the on-site drainage, shall be paid in an amount which shall be based on the City of Palm Desert Master Drainage Plan prepared by NBS/Lowry upon its adoption by the Palm Desert City Council. 7.4 Street Improvements. Sunrise shall provide landscaping and other improvements to all streets directly adjacent to the Property, as follows. All descriptions of street sections are approximate, and are subject to modification without amendment of this Agreement. -5- 2;3;��5•� 7 .4. 1 Avenue 42 (Southern Perimeter of the Property) . The northern half of the 100-foot right of way shall be dedicated and improved to include 32-foot driving lanes, a 12-foot landscaped parkway and one-half of the 12-foot landscaped median. In addition, Sunrise shall construct the southern half of the landscaped median adjacent to Oasis Country Club, where the southern half of the street is fully improved but no median exists. 7 .4 . 2 Eldorado Drive (Western Perimeter of the Property) . The eastern half of the 110-foot right of way shall be dedicated and improved. The western half also shall be improved, beginning one-half mile south of Country Club Drive (where improvements to the western half now end) and extending one-half mile south to the intersection of Avenue 42. The construction of these improvements to the western half of Eldorado Drive shall be subject to a reimbursement agreement administered by the City, pursuant to which Sunrise shall be reimbursed for the cost of the improvements when the adjacent land to the west is developed. The Eldorado Drive street section shall consist of 12-foot parkways on both sides, 34 feet of driving lanes in each direction and an 18=foot landscaped median. In addition to the landscaping of the 12-foot parkway, Sunrise shall also landscape 8 feet outside its perimeter wall, for a total of 20 feet of landscaped perimeter on the eastern side of Eldorado Drive. 7.4 . 3 Oasis Club Drive (Eastern Perimeter of the Property) . The western half of a 100-foot right of way shall be dedicated and improved to include a 12-foot landscaped parkway, 32-foot driving lanes and a 12-foot painted center median. 7 .4 .4 Country Club Drive (Northern Perimeter of the Property) . Sunrise has fully improved the southern half of Country Club Drive, adjacent to the Property. The 12-foot parkway shall be landscaped, along with an additional 18 feet outside the Project's north perimeter wall, for a total of 30 feet of landscaped perimeter on Country Club Drive. 7 . 4 .5 Sidewalks. Concrete sidewalks shall be constructed on all four perimeters of the Property. Sidewalk width shall be eight feet on Country Club and E1 Dorado Drives and six feet wide on Oasis Club Drive and 42nd Avenue. 7.4 .6 Traffic Signals. Sunrise shall provide for the conversion of the existing three-way traffic signal on Country Club Drive at the main project entry to a four-way configuration and pay one-fourth the cost of traffic signal installation at the intersections of Country Club Drive and Oasis Club Drive, 42nd Avenue and Oasis Club Drive, and El Dorado Drive and 42nd Avenue. Traffic signalization fees required for the Project may be used as credits against these costs. -6- 7 . 5 Time for Commencement. Sunrise shall commence construction of the Project within ten (10) years of the Effective Date of this Agreement. Failure to do so shall be considered a default by Sunrise. Notwithstanding the foregoing, the time for commencement may be extended by agreement of the parties upon a showing by Sunrise of good cause for the extension. 8. 0 Citv's Obligations. 8. 1 Development in Accordance with Existing Approvals. To the fullest extent of the City's authority and jurisdiction, Sunrise shall have a vested right to design, construct, operate and maintain the Project in accordance with the Development Plan, Existing Approvals and the terms of the rules, regulations, and ordinances of the City in effect as of the Date of Enactment of this Agreement ("Local Rules") . The City shall not impose, or seek to impose, any additional requirements, exactions, fees or payments, or dedication or reservation requirements except those expressly set forth in the Reservation of Authority. 8. 2 Timely Application and Processing. The City hereby acknowledges that the timely development of the Project will benefit the public health, safety, and welfare. In recognition of this, the City and Sunrise agree to cooperate in the expeditious processing and review of all applications for further approvals required by the Project. The City shall not impose any exaction or restriction (except requirements relating to the normal processing of applications_ for development approvals) which would delay, interfere with or impede the commencement or rate of design, construction, development or operation of the Project or any component thereof as contemplated by the Development Plan. 8. 3 Exemption From Construction Moratorium. The City specifically agrees and acknowledges that the Project is exempt from the construction moratorium adopted by the City on or about April 26, 1990, as set forth in Ordinance No. 602, and from any extensions to the construction moratorium which the City may adopt in the future. 8.4 Review of Subsequent Applications. The Project, including subsequent applications for approvals necessary for the development of the Project in accordance with the Development Plan, shall not be subject to any changes in the Local Rules or new Local Rules adopted subsequent to the Date of Enactment, which would interfere or conflict with the development of the Project for the uses and to the height, design standards, density and intensity of use specified in the Development Plan, or with the rate of development of the Project, except as otherwise provided by this Agreement, including the Reservations of Authority. The City shall -7- 2% promptly issue any permits which may be required to implement the Development Plan, provided that Sunrise is in compliance with this Agreement and the Local Rules in effect as of the Date of Enactment. 8. 5 Other Governmental Permits. Sunrise may apply for such other permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Project as may be required for the development, design, construction, or operation of the Project in accordance with the Development Plan. The City shall cooperate with Sunrise in its efforts to obtain such permits and approvals and shall assist in expediting LAFCO processing of the annexation of the Property. 8 . 6 Cooperation in Formation of CFDs. In addition to the Cook Street CFD described in Section 7 .2 , the City and Sunrise intend to consider the formation of one or more CFDs which will include the Property, or a portion thereof, within their boundaries for the purpose of financing various off-site improvements. The City shall use its best efforts to cooperate with Sunrise in the formation and establishment of such CFDs; provided, however, that nothing herein shall prevent Sunrise in its sole discretion from voting against the formation of any CFD, with the exception of the Cook Street CFD. 9 .0 Limitations Reservations and Exceptions. 9. 1 Reservations of Authority. Notwithstanding any other provision of this Agreement, the following rules, regulations and ordinances of the City which may come into effect after the Date of Enactment of this Agreement shall . apply to the development of the Property. A. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. B. Changes in regulations governing construction standards and specifications after the effective date of this Agreement which are required by changes in state or federal law or federal laws or regulations, or by changes in the uniform building code, plumbing code, mechanical code, electrical code, fire code and grading code. C. Processing fees and charges of every kind and nature imposed by the City, on a uniform City-wide basis at the time such fees are due, to cover the estimated actual costs to the City of processing applications for development approvals or for monitoring compliance with any development approvals granted or issued. -8- D. Regulations which may be in conflict with the Development Plan, but which are reasonably necessary to project the public health and safety; to the extent possible, any such regulation shall be applied and construed so as to provide Sunrise with the rights and assurances provided under this Agreement. E. Regulations applied with the written consent of Sunrise. 9. 2 Future Regulations. Nothing herein shall prevent the City, in subsequent discretionary approvals for the Project, from applying new rules, regulations, or ordinances (1) not inconsistent or in conflict with the Local Rules or with the purposes and conditions of this Agreement, and (2) which do not interfere or conflict with the height, density or intensity set forth in the Development Plan or with the rate of development selected by Sunrise. 9. 3 State and Federal Laws and Regulations. The Project shall be subject to existing and future state and federal laws and regulations, together with any City land use regulations, programs and actions, or inaction, which are reasonably (taking into consideration, among other things, the assurances provided to Sunrise hereunder) adopted or undertaken by the City in order to comply with state and federal laws and regulations; provided, that in the event that state or federal laws and regulations prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended as may be necessary to comply with such state and federal laws and regulations. In such event, this Agreement shall remain in full force and effect to the extent that it is not inconsistent with such laws and regulations and that performance of the remaining provisions would not be inconsistent with the intent and purposes of this Agreement. 9.4 Full Extent of Law. The parties acknowledge and agree that the City is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to the City all of its police power which cannot be so limited. 10. 0 Periodic Review of Compliance. 10. 1 Planning Commission Review. The Planning Commission, at a public hearing, shall conduct a compliance review of this Agreement within six months from the Date of Enactment, and annually thereafter. At least one week prior to the Planning Commission compliance hearing, Sunrise shall submit a letter to the Planning Commission, demonstrating its good faith compliance with this Agreement. If the Planning Commission finds that Sunrise has demonstrated good faith compliance with this Agreement, the annual review shall be deemed concluded. -9- r 7v�L,i 10. 2 Appeal to City Council. If the Planning Commission finds and determines on the basis of substantial evidence that Sunrise has not complied in good faith with this Agreement, the Planning Commission shall (1) specify actions to be taken to cure the default under the Agreement, (2) propose the modification of the Agreement, or (3) propose the termination of the Agreement. Sunrise shall have the right to appeal any portion of any such action to the City Council within thirty days of the date of the Planning Commission action. 10.3 City Council Action. Upon appeal by Sunrise pursuant to Section 10.2 herein, the City Council shall conduct a hearing to determine whether Sunrise is in good faith . compliance with this Agreement. If the City Council determines that Sunrise is in good faith compliance, the annual review process shall be deemed completed. If the City Council finds that Sunrise has not complied in good faith with this agreement, it shall (1) specify actions to be taken to cure the default under the Agreement, (2) modify the Agreement, or (3) terminate the Agreement. 11. 0 Term. This Agreement shall commence on the Effective Date and shall continue in effect for twenty years from the Effective Date. This term is intended to provide sufficient time for the full repayment of the bonds to be issued by the CFD referred to in Section 7 . 2, or of any other debt obligations incurred in lieu of such bonds. If the parties determine that a longer period is necessary to achieve the purpose stated herein, the term of this Agreement may be extended by the further written agreement of the parties in accordance with Section 12 . 3 . 12 .0 Amendment. 12. 1 Initiation of Amendment. Either party may propose an amendment to this Agreement. Except as otherwise provided herein, cancellation or amendment shall follow the notice and hearing requirements established by applicable law for the consideration of development agreements. 12.2 Insubstantial Deviations from Development Plan. Any insubstantial deviation from the Development Plan with respect to the location, size, or height of structures, streets, and other physical facilities, as determined by the Director of Planning, may be approved by the person or body with authority to approve the plans for such facilities without amendment of this Agreement, in accordance with City policy. Insubstantial deviations shall include, without limitation, the introduction of different housing product types and the replotting of the locations of houses, so long as such -10- deviations are not inconsistent with (a) the permitted uses described in Exhibit B, and (b) City policy in effect at the time of entry into this Agreement. 12 . 3 Administrative Interpretations Not in Conflict With Purposes of This Agreement. Upon agreement of the parties hereto, memoranda of administrative interpretation may be entered into regarding any aspect of this Agreement which does not relate to permitted uses, density or intensity of use, height or size of buildings, provisions for reservation of land, conditions, restrictions and requirements relating to subsequent discretionary approvals, rate of development, or the term of the Agreement. 13 .0 Partial Invalidity. If any material provision of this Agreement is determined to be void, invalid, or illegal by a final judgment of a court of competent jurisdiction, the parties may (a) amend this Agreement pursuant to the procedures set forth herein, or (b) by mutual agreement of the parties, terminate the Agreement. 14. 0 Enforceability. It is acknowledged and agreed by the parties hereto that any assurances provided to Sunrise with respect to the imposition of additional exactions, regulations, or restrictions affecting permitted uses, intensity of use, density, height, or the rate of development of the Project are '(a) intended to be relied upon by Sunrise; (b) made in exchange for valuable and adequate consideration provided by Sunrise in the form of covenants and commitments as set forth in this Agreement; and (c) made with the understanding that such assurances will not be amended, changed, or increased except as provided herein. 15.0 Remedies. 15. 1 Specific Performance. The parties agree and understand that a breach of this Agreement may result in irreparable harm to the non-breaching party, and that specific performance of this Agreement is a proper and desirable remedy. 15.2 Withdrawal. In the event that Sunrise is unable to construct and operate the Project in a manner set forth in the Development Plan and this Agreement because of (a) this Agreement or any portion hereof being determined to be invalid or unenforceable, (b) the imposition of any exaction, restriction, or change in the Local Rules not specifically provided for in this Agreement, or (c) Sunrise reasonably determining that the Project, despite good faith efforts, is economically infeasible, in addition to any other remedy which it might possess, Sunrise shall have the right upon written notice to the City to withdraw from this Agreement. -11- ter, c-rr Thereafter, the City and Sunrise shall be released from any and all further liabilities or obligations hereunder. Sunrise's notice to the City that it is withdrawing from this Agreement shall constitute a waiver of Sunrise's rights hereunder and the Project shall be subject to City review according to the rules and regulations in existence at that time. 16. 0 Mortgagee Protection. No breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any deed of trust or mortgage made in good faith and for value, and no holder of a deed of trust or mortgage ("Mortgagee") shall have an obligation or duty under this Agreement to perform Sunrise's obligations or to guarantee such performance. Notwithstanding the foregoing, any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof, by a Mortgagee (whether under or pursuant to a mortgage, foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise) , shall be subject to all of the terms and conditions contained in this Agreement. 17. 0 Miscellaneous Provisions. 17 . 1 Incorporation of Exhibits. Exhibits A and B, attached hereto, are incorporated herein by this reference. 17. 2 No Agency Created. It is understood and agreed to by the parties that the Project is a private development, that neither party is acting as the agent of the other in any respect and that no partnership, joint venture or other association of any kind is formed by this Agreement. 17 .3 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond such party's control, government regulations, court actions (such as restraining orders or injunctions) or other causes beyond such party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder shall be extended by the period of time that such events prevented such performance, provided that the terms of this Agreement shall not be extended for a period which would cause this Agreement or provisions hereof to be void as violating the rule against perpetuities. 17.4 No Third Party Beneficiaries. This Agreement is entered into for the sole protection and benefit of the parties and their successors and assigns. No third-party beneficiaries are created by this Agreement. -12- Z 17. 5 Assignment. This Agreement shall not be assigned or otherwise transferred without the prior written consent of the City; provided, however, that such approval shall not be unreasonably withheld. This Agreement shall benefit and bind all subsequent transferees. Express assumption of any of the obligations hereunder by any transferee permitted by this paragraph shall relieve the transferor from any assumed obligation. 17. 6 Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement. 17 .7 Recitals. The recitals to this Agreement constitute part of this Agreement. Each party shall be entitled to rely on the truth and accuracy of each recital as an inducement to enter into this Agreement. 17 .8 Further Actions and Instruments. Upon the request of either party, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments or writings, including estoppel certificates, and take any actions that may be reasonably necessary under the terms of this Agreement to carry out the intent, fulfill the provisions, and evidence or consummate the transactions contemplated by this Agreement. 17.9 Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent certified mail, postage prepaid and addressed as follows: To City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Ramon A. Diaz ACM/Director of Planning To Sunrise: Sunrise Desert Partners 42-600 Cook Street, Suite 200 Palm Desert, California 92260 Attn: Phillip K. Smith, Jr. with a copy to: Nossaman, Guthner, Knox & Elliott 650 Town Center Drive, Suite 1250 Costa Mesa, California 92626 Attn: Jean O. Melious, Esq. Any notice given as required herein shall be deemed given seventy-two hours after deposit in the United States mail or upon receipt. A party may change its address for notices by giving notice in writing to the other party as required herein. -13- 17. 10 Construction of Agreement. The captions in this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. This Agreement shall be governed by the laws of the State of California. 17. 11 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 17 . 12 Hold Harmless. Sunrise agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury, including death, and claims for property damage which may arise from the direct or indirect operation of Sunrise or those of its contractors, subcontractors, agent, employee, or other person acting on its behalf which relate to the Project. Sunrise agrees to and shall defend City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Sunrise's activities in connection with the Project. This provision 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. It does not apply to negligent acts or omissions by the City. Sunrise further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action challenging the validity of this Agreement. 17. 13 Reimbursement of Costs. Sunrise shall pay to City its direct costs associated with entering into this Agreement, as shown on itemized City invoices. Such costs shall be paid prior to issuance of final approvals. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth below, as of the day and year first above written. Date: / "City" CITY OF PALM DESERT By Its 1-41 YG� -14- 25 E5•1 Date: 2 - 2 - 9 "Sunrise" SUNRISE DESERT PARTNERS By Sunrise Corporation Its General Partners By/1. n Its LX�cc. fi �� 1�, ct /�l-�S, arc r✓7` Date: 06/05/91 APPROVED /: O FORM: City ttorney City of Palm Desert Date: 06/07/91 ATTEST: - j City Clerk City of Palm Desert' CAT. NO. NNO0636 TO 1954 CA(9-84) (Corporation as a Partner of a Partnership) J TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF Riverside } 205654 On Feb. 12, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared Phillip K. Smith, Jr i personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Executive Vice President,mel _ , _ 1_ROWR 60 FRO OF _..Ad Ad . HS On thS bftMiA 8i 911694@fOrYn - Iv t 6 o - of Sunrise Corno a ion the corporation that executed the within instrument on behalf of Sunrise Desert Partners �..+""'««•+�"'•`�••'•'«•'� the partnership that executed t}j ^ OFMALM41' the within instrument, and acknowledged to me that such ALLAN R. LEVIN -corporation executed the same as such partner and that NOfAW PRMCM OFFKE M IN such partnership executed the same. MVERUX MUM WITNESS hand and seal. 0p EW Aug.21.1992 Signature (This area for official notarial soap 2[)�654 C521886 EXHIBIT "A" DESCRIPTION The land referred to in this report is situated in the County of Riverside, State of California, and is described as follows: DIVISION I PARCEL 1: All that portion of the West half of Section 11, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of Palm Desert, County of Riverside, State of California, more particularly described as follows: Beginning at the Northeast corner of said West half; thence South 89010145" West, on the North line of said West half, 1,330.18 feet, to an intersection with the Northerly prolongation of the West line of Parcel 1, as shown by Record of Survey on file in Book 35, Page 13 of Records of Survey, Records of Riverside County, California; thence South 000021330 West, on said Northerly prolongation and on said West line, 5,317.88 feet to the Southwest corner of said Parcel 1; thence North 890281150 East, on the South line of said Parcel 1, 1,325.54 feet to the Southeast corner thereof; thence North 000051304 East, on the East line of said Parcel 1 and the Northerly prolongation thereof, 5,324.71 feet to the point of beginning; Said property is also shown as Parcel 1 of Record of Survey on file in Book 35, Page 13 of Records of Survey, Records of Riverside County, California; EXCEPT that portion described in the deed to the County of Riverside by document recorded August 11, 1972 as Instrument No. 107739 of Official Records of Riverside County, California. -15 - 265654 C521886 EXHIBIT "A" (Cont ' d. ) PARCEL 2• The West half of the Northeast quarter and the North half of the Northwest quarter of the Southeast quarter of Section 11, Township 5 South, Range 6 East, San Bernardino Meridian. in the City of Palm Desert, County of Riverside, State of California, as shown by United States Government Survey; EXCEPT the Northerly 44.00 feet thereof, as described in the deeds to the County of Riverside recorded March 31, 1958 as Instrument No. 23189 in Book 2246, Page 519 and on April 15, 1958 as Instrument No. 27209 in Book 2255, Page 236 both respectively of Official Records of Riverside County, California. PARCEL 3• The .East half of the East half of the East half of Section 11, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of Palm Desert. County of Riverside. State of California; EXCEPT the North 44.00 feet thereof, described in the Deeds to the County of Riverside, by deeds recorded March 31. 1958 in Book 2246. Page 519 as Instrument No. 23189 and on April 15, 1958 in Book 2255, Page 236 as Instrument No. 27209 both respectively of Official Records of Riverside County, California; ALSO EXCEPT the Southeast quarter of the Southeast quarter of said section. PARCEL 4• The South half of the Southeast quarter and the South half of the Northwest quarter of the Southeast quarter of Section 11, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of Palm Desert, County of Riverside. State of California, according to the official plat thereof. - 17 - 2�565 } C521886 EXHIBIT "A" (Cont ' d, ) DIVISION II All that portion of the West half of the West half of Section 11, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of Palm Desert, County of Riverside, State of California, according to the official plat thereof, described as follows: Beginning at the Northeast corner of said West half of Section 11; thence South 8901014511 West on the North line of said West half, 1,330.18 feet, to an intersection with the Northerly prolongation of the West line of Parcel 1, as shown by Record of Survey, on file in Book 35, Page 13 of Records of Survey, Records of Riverside County, California and the true point of beginning; thence South 0000213311 West on said Northerly prolongation and on said West line, 5,317.88 feet to the Southwest corner of said Parcel 1; thence South 890281150 West on the South line of Parcel 2 as shown by said Record of Survey, 1,330.58 feet to the Southwest corner thereof; thence North 0000510011 East on the West line of Parcel 2, 2,655.61 feet to an angle therein; thence North 00000145° East on said West line and the Northerly prolongation thereof, 2,655.51 feet to the Northwest corner of Section 11; thence North 8901014511 East on said North line of said West half, 1,330.18 feet to the true point of beginning. EXCEPT that portion described by deed to Southern California Edison Company, a California corporation recorded October 26, 1982 as Instrument No. 184850. DIVISION III The West half of the East half of the East half of Section 11, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of Palm Desert, County of Riverside, State of California, according to the official plat thereof. EXCEPT the North 44.00 feet, described by deeds to the County of Riverside recorded March 31, 1958 in Book 2246, Page 519 and April 15, 1958 in Book 2255, Page 236, Records of Riverside County. ALSO EXCEPT the Southeast quarter of the Southeast quarter of said section. Note: Said land is also known as all that property lying within the boundaries of Tentative Tract 26123, a portion of said land is to be resubdivided into Tract 26757. - 18 - i 2 ZO EXHIBIT B Development Plan 1. Permitted Uses of the Property Housing, including single family detached one- and two-story homes and attached homes containing from two to six units per building; Two eighteen-hole golf courses and ancillary facilities, including but not limited to maintenance facilities, half-way houses with snack shops and rest rooms; Entry complexes; Sales, resales and rentals building; A clubhouse, including golf, tennis and health spa facilities, dining rooms, freestanding grill room/snack shop, lounges, banquet and meeting rooms, golf pro shops, a tennis and spa pro shop, at least fourteen tennis courts (seven night-lighted) , four night-lighted paddle tennis courts, two night-lighted croquet courts, swimming pools, locker room facilities, child care center and teen activity room. The power source for the building may consist of a cogeneration facility. 2 . Maximum Heights of Buildings The maximum height of residential buildings will be 30 feet. The maximum height of the clubhouse will be 60 feet. The maximum height of ancillary golf facilities (including golf maintenance facilities, half-way houses with snack shops and rest rooms) will be 30 feet. The maximum height of entry complexes will be 30 feet. The maximum height of the sales, resales and rentals building will be 30 feet. -19- 2�5654 3 . Density and Intensity of Use; Maximum Size of Buildings Residential: No more than 1,500 homes shall be constructed. This constitutes a density of approximately 2.35 units per acre. Homes shall range in size from 1, = ' to 4, 000 square feet. Clubhouse: The clubhouse shall not exceed 125, 000 square feet in size. The freestanding grill room/snack shop shall not exceed 5, 000 square feet. Ancillary golf facilities, including golf maintenance facilities, half-way houses with snack shops and rest rooms, shall not exceed 40,000 square feet. Entry complexes shall not exceed 7, 500 square feet. The sales, resales and rentals building shall not exceed 5,000 square feet. ORI:JJF:54 a 155o CC- ITaGias YL A•� P/C- t� �a cry ,1�7 h7� �G � 1✓ 7 5 � bec,"Z7 Ax C c- NO coef a 7 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 February 15, 1991 ARCHITECTURAL REVMA O0144ISSICN ACTICN CASE NO. : TT 26123 APPLICANT (AND ADDRESS): SUNRISE DESERT PARTNERS, 42-600 Cook Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOU0IIT: Approval of maintenance building I.,OCATION: Country Club Drive ZONE: PR-5 --------------------------------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission granted preliminary approval of maintenance building only. Landscaping plan to be submitted for approval. Date of Action: February 12, 1991 Vote: Carried 5-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen ( 15) days of the date of the decision. ) --------------------------- ----------------------------------------------- STAFF OATS: It is your responsibility to submit the plans approved by the architectural Commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. r d D02AR S ARCHITECTURAL REVIEW MMUSSION FEBRUARY 12, 1991 Steve Smith presented revised plans showing the addition of a trellis added to the back of the tomes. He noted that overhangs up to 18" were added to some of the units. He also discussed the problems with the garage sizes on Units A and C. He noted again that the revised plans now reflect the 18' height limit. The petition received showed 14 signatures of property owners along Goleta Avenue opposing the higher elevations. Staff discussed the appeal process available to either party at no charge. Resident, Roger Hester, noted his concern with their views. Another concern was the high windows. The applicant noted that the highest window would be 6' 9". Chairman Gregory felt the revised line of site changed to 18' was made as requested. Action: It was moved by Commissioner Urrutia, seconded by Camnissicner Van Vliet, to continue the house plans noting that there still was work needed to be done on the solar protection. Applicant understood changes discussed with Ccmnissioner Urrutia. Motion carried 5-0. 2. CASE ND.: ( TT 26123 1 APPLICANT (ADD ADDRESS): SUNRISE DESERT PARTNERS, 42-600 Cook Street, Palm Desert, CA 92260 NATURE OF PROJECT APPROVAL SOUGHT: Approval of maintenance building LOCATION: Country Club Drive ZONE: PR-5 Steve Smith presented proposed maintenance facility noting that the applicant had asked for preliminary landscaping approval; however, now was asking that the landscaping not be reviewed at this time. Ccmuissicner Urrutia's concern was the landscaping around the pool and parking area. He was also concerned with what could be seen from the street. Caimissianer Holden noted that Commission was looking at a tilt-up industrial building being located near the pool area and adjacent tomes adding that what would save this building would be the landscaping and owndssicn was now being asked to ignore the landscaping at this time. 6 r i r MINUTES ARCHITECTURAL RE� CU4USSION FEBFUARY 12, 1991 Commissioner Urrutia felt that connission needed to see haw the landscaping will be integrated in this design. He felt that the primary concern was the landscaping near the adjacent homes. Applicant, Allan Levine, discussed the variations in the heights of the building as well as the finish and parking area. Action: It was moved by Ctnudssioner VanVliet, seconded by Commissioner McCrea, to grant preliminary approval on the maintenance building only. Landscaping plan to be submitted for approval. Motion carried 5-0. 3. CASE ND.: PP 91-1 APPLICANT (AND ADDRESS): MLA INVESTMENTS, 40-840 Thunderbird Road, Rancho Mirage, CA 92270 NATURE OF PAOJECr/APPROVAL SOUGHT: Preliminary approval of mixed _ use commercial project LOMTION: 2.1 acres southeast of R.B. Furniture ZC NE• C-1 Architect, Charles Martin, presented revised plans. Commissioner Urrutia was concerned with the lack of sun protection provided on the large glass areas and felt that the dark green color of the building should be toned down. Action: It was moved by Cammssioner McCrea, seconded by Commissioner Van Vliet, to grant preliminary approval of the building only subject to adequate solar protection provided and color to be charged to a rust color acceptable to commission. Landscaping plan continued with direction given to the applicant to address the following concerns: 1) Additional vertical trees along the Magnesia Channel 2) Additional shade trees along front of building on Highway 111 side of building 3) Trees in parking lot area must conform to the city's list on the Master Tree Parking Lot Plan Motion carried 5-0. 7 i RESOLUTION NO. 90-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND VESTING TENTATIVE TRACT MAP FOR A 1278 UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT IN SECTION 11 T5S R6E. CASE NO. VESTING TT 26123 WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of November, 1990, hold a duly noticed public hearing which was continued to December 13, 1990, to consider the request of SUNRISE DESERT PARTNERS for approval of a Negative Declaration of Environmental Impact, and vesting TT 26123 for a 1278 unit residential condominium development on Section 11, T5S R6E; 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. 80-89, " in that the director of community development has determined that the project will not have an adverse 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 vesting map and Negative Declaration of Environmental Impact: ( a) That the proposed vesting map is consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. (c ) That the site is physically suitable for the type of development. ( d) That the site is physically suitable for the proposed density of development. ( e ) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure,fish or wildlife or their habitat. ( f ) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. RESOLUTION NO. 90-145 WHEREAS, in the review of this tentative tract map the city council has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources. 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 the Negative Declaration of Environmental Impact Exhibit "A" and Vesting Tentative Tract Map No. 26123 are hereby approved for the reasons set forth in this resolution and in the staff report dated October 16, 1990 and subject to the attached conditions, Exhibit "B" . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 13th day of December, 1990, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, WILSON, SNYDER NOES : NONE ABSENT: NONE ABSTAIN: NONE WALTER H. .5NYDEF, DWyor ATTEST• SHEILA R. GIL GAN, Cit Clerk City of Palm Desert, C lifornia SRS/tm 2 RESSOLUTION NO. 90-145 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: Vesting TT 26123 APPLICANT/PROJECT SPONSOR: Sunrise Desert Partners 46-200 Cook Street Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Vesting tentative tract map for a 1278 unit residential condominium golf course and country club development in Section 11, T5S R6E SBBM. 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. • December 13, 1990 RAMON A. DIAZ DATE DIRECTOR OF COMMUNIWY DEVELOPMENT SRS/tm 3 RESOLUTION NO. 90-145 EXHIBIT "B" CONDITIONS OF APPROVAL CASE NO. VESTING TT 26123 Department of Community Development/Planning• 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. The approval of this vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by the Subdivision Ordinance for the expiration of the approval of a tentative map. 3. That the rights contained in the tentative vesting map shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Condition 2 above. If the final map is approved then 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. 4. 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. 5. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Desert Sands Unified School District 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. 6. That the setbacks for dwellings in this project shall be as required in the precise plan, PP 90-21 . 7. That the approval shall be null and void unless said property is annexed to the City of Palm Desert. 4 "RESOLUTION NO. 90-145 8. That the landscape theme for the development include significant areas of drought tolerant landscape materials to reduce water usage and that all parkway landscaping within the right-of-way shall be drought tolerant subject to approval of the Environmental Conservation Manager. 9 . That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance 612, said enclosures subject to approval of Environmental Conservation Manager. 10. That the street plans provide marked on the street bicycle lanes on E1 Dorado, 42nd Avenue and Oasis Club Drive. The bicycle lane on Country club will be on the sidewalk. Department of Public Works: 1. The project shall be designed to retain drainage from a 100-year storm on-site. Drainage fees for the construction of regional drainage improvements which would be necessary regardless of the on-site drainage retention shall be paid prior to the recordation of the final map. The amount of these fees shall be based upon the City of Palm Desert Master Drainage Plan prepared by NBS/Lowery upon its adoption by the Palm Desert City Council. 2. Any drainage/retention are facilities 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. 3. Applicant shall provide for the conversion of the existing three- way traffic signal on Country Club Drive at the main project entry to a four-way configuration and pay one-fourth the cost of traffic signal installation at the intersections of Country Club Drive and Oasis Club Drive, 42nd Avenue and Oasis Club Drive, and El Dorado Drive and 42nd Avenue. The payment of these costs shall coincide with the approval and recordation of the associated final maps. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of building permits. Traffic signalization fees required for this project may be used as credits against traffic signal costs. 4. 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 5 RESOLUTION NO. 90-145 approved by the public works department and a surety posted to guarantee the installation of required offsite improvements prior to recordation of the final map. 5 . 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. Minimum improvements shall include, but not be limited to the following: Country Club Drive: * Construction of a deceleration/ acceleration lane for main entry. * Construction of an 8 foot wide meandering sidewalk. * Installation of perimeter landscaping as approved by the City of Palm Desert. Oasis Club Drive: * Construction of curb and gutter and AC paving at 38 feet from centerline. * Construction of a 6 foot wide sidewalk. * Installation of perimeter landscaping as approved by the City of Palm Desert. El Dorado Drive: * Construction of curb and gutter and AC paving at 43 feet from centerline. * Construction of a deceleration lane at the _ maintenance are entry and Country Club Drive intersection. * Construction of one-half of a raised, landscaped median island. * Construction of an 6 foot wide meandering sidewalk. * Installation of perimeter landscaping as approved by the City of Palm Desert. 42nd Avenue: * Construction of curb and gutter and AC paving at 38 feet from centerline. * Construction of a 6 foot wide sidewalk. * Construction of one-half of a raised, landscaped median island in the roadway section where no improvements currently exist and construction of a full raised, landscaped median island in the roadway section where improvements currently exist south of centerline. * Installation of perimeter landscaping as approved by the City of Palm Desert. 6 RESOLUTION NO. 90-145 ' Interior Streets: * Improvements as shown on the tentative map. Timing for the construction of 42nd Avenue improvements shall be the earlier of scenario A or scenario B below: A. Within eighteen ( 18 ) months of the issuance of a building permit for the first unit in the project, Sunrise Company will begin construction of half-width improvements (not including the landscaped median) to connect the existing southerly half- width improvements in front of the Oasis Country Club to the future intersection of Eldorado Drive and 42nd Avenue. This construction will be completed within twenty-four ( 24 ) months of the issuance of the above referenced first building permit. If the improvements to 42nd Avenue westerly of the future intersection to the existing northerly half-width improvements ( approximately 1330 feet) have not been constructed at this time, Sunrise Company will install these improvements provided the city agrees to enter into a reimbursement agreement with Sunrise Company for the cost of these improvements. The specific configuration of these improvements will be approved by the department of public works in order to provide a safe transition from the improvements on the southerly half of the street to the improvements on the northerly half of the street. B. In the event that the developer of Tract No. 23940 ( located on the northwest corner of 42nd Avenue and Eldorado Drive ) begins construction of the 42nd Avenue improvements contiguous to his property, Sunrise Company will construct the above referenced improvements to 42nd Avenue adjacent to Vesting TT 26123 within twelve ( 12) months of his construction start date. Timing for the construction of Eldorado Drive improvements shall be as follows: 1 . Within six ( 6 ) months of the issuance of the grading permit for the project or prior to completion of traffic signal at Country Club and Eldorado, whichever occurs first, improvements will be constructed on the east half of the street from Country Club Drive to approximately 1, 000 feet southerly thereof, including landscaped median island. 2. Prior to the issuance of the 750th building permit for the project or within 36 months of first permit being issued, whichever occurs first, the remaining 7 RESOLUTION NO. 90-145 ' improvements to the east half of the street will be constructed to connect southerly to 42nd Avenue. If the improvements to the west half of the street have not been installed at this time, Sunrise Company will install these improvements provided the city agrees to enter into a reimbursement agreement with Sunrise Company for the cost of these improvements. 6. 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. 7. Traffic safety striping on Country Club Drive, Oasis Club Drive, 42nd Avenue, El Dorado Drive and all interior streets shall be provided to the specifications of the director of public works and shall include the use of approved thermopla,tic paint and raised pavement markers. A traffic control plan mus• be submitted to, and approved by, the director of public works prior to the issuance of any permits associated with this project or placement of any pavement markings. B. Developer shall participate in the proposed City of Palm Desert Mello-Roos Community Facilities District (Cook Street Improvements ) or assessment district to the extent determined by the "Special Tax Report" to be filed in connection with the proceedings of the City of Palm Desert, in the Office of the City Clerk of the City of Palm Desert. The maximum obligation associated with this project shall be $1, 687, 712.00. 9 . Landscaping maintenance on the property frontages shall be provided by the property owner and/or property owners association. 10. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans and specifications shall be submitted to the director of public works for checking and approval prior to issuance of any permits. 11 . Complete tract map shall be submitted as required by ordinance to the director of public works for checking and approval before issuance of any permits. 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. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 8 RESGLUTION NO. 90-145 14. Waiver of access to Country Club Drive, E1 Dorado Drive, 42nd Avenue and Oasis Club Drive, except at approved locations, shall be granted on the final map. 15. Applicant shall pay Transportation Uniform Mitigation Fees (TUMF) in accordance with applicable city ordinance. Payment of these fees shall be credited against the City of Palm Desert Mello-Roos Community Facilities District ( Cook Street Improvements) in the event such a district is formed. 16. Half street right-of-way at fifty-five feet on Country Club Drive, fifty-five feet on E1 Dorado Drive, fifty feet on 42nd Avenue and fifty feet on Oasis Club Drive for dedication on the final map. 17. Improvement plans for water and sewer systems shall be approved by the respective service districts with "as-built" plans submitted to the department of public works prior to project final . 18. As required by the Palm Desert Municipal Code, all existing overhead utilities shall be placed underground per each utility districts recommendation. Applicant agrees to join in any assessment district which may be formed for the undergrounding of those existing overhead facilities which cannot currently be undergrounded due to their size. 19. A complete preliminary soils investigation, prepared by a registered soils engineer, shall be submitted to and approved by the public works department prior to the issuance of any permits. SRS/tm 9 MINUTES MEGULAR MEETING OF 1E PALM DESERT CITY COUr DECEM 3ER 13, 1990 s s s s s s * # * s * s s * s s s s s s s s s s s s s s s s s s s r s s r Councilmember Benson said she was also concerned with having two-story units in an area where there are no other two-story projects and would prefer to keep this project to one story. Councilman Kelly agreed with Crites about the traffic circulation but was concerned with the two-story issue. He said the zoning had gone from Open Space to 5 units per acre, and having two story was too much. Councilman Crites moved to: 1) Waive further reading and pass Ordinance No. 620 to second reading; 2) Waive further reading and adopt Resolution No. 90-140, approving T726470, subject to conditions, amended to reflect both the traffic circulation as described by staff and limiting the project to one-story units. Motion was seconded by Benson and carried by unanimous vote of the Council. B. REQUEST FOR APPROVAL OF VESTING TENTATIVE TRACT MAP, A PRECISE PLAN OF DESIGN, DRAFT DEVELOPMENT AGREEMENT, AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO FOR A 1,278 UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT INCLUDING TWO 18-HOLE GOLF COURSES, TENNIS FACILITIES, AND RELATED AMENITIES ON 637 ACRES LOCATED BETWEEN COUNTRY CLUB DRIVE AND 42ND AVENUE AND BETWEEN ELDORADO DRIVE AND OASIS CLUB DRIVE, ALSO DESCRIBED AS SECTION 11, T5S R6E. SUNRISE DESERT PARTNERS_ APPLICANT. (Continued from the meeting of November 8, 1990.) Associate Planner Steve Smith reviewed the staff report, noting the matter had been continued from the meeting of November 8th to allow for further comments on the negative declaration time period, which expired on November 21st. He said one additional comment had been received from the State Department of Water Resources and that staff s response was included in the staff report. He addressed issues raised at the previous meeting, including: 1) dual vs.single left turn lanes from westbound Country Club Drive into the project; 2) lighting of the site; 3) perimeter wall treatment; and 4) utility line undergrounding. He said an issue not previously brought up was the development agreement. The applicant was requesting that Exhibit "B" be amended to reflect a maximum of 1500 dwelling units on the site instead of the maximum of 1278 approved by Planning Commission. He pointed out that the 1500 units was still far below the 3200 that would be allowed for this 640 acres at 5 units per acre. He concluded his report and stated a new Resolution 90-145 had been distributed to Council with a change to Public Works Condition #5. Councilman Crites asked whether Exhibit "B"of the development agreement was correct in indicating maximum height of the clubhouse will be 60 feet. He asked how tall most of the clubhouses were in other country clubs. Mr. Smith responded that some of the tower elements and roof structures would approach 60 feet. He added that he thought the clubhouse at Desert Falls was 52 feet tall. 22 MINUTES REGULAR MEEMG OF IE PALM DESERT CITY COLD DECEM 3ER 13, 1990 # Y Y Y Y # Y Y Y # Y s Y Y Y Y # # Y Y Y Y Y Y # Y Y Y Y Y Y # # Y # Y Y Councilman Crites asked if the undergrounding district could be started now. He added that with regard to the perimeter wall issue, staff had not addressed his suggestion to combine public art features as part of the wall treatment. Mr. Smith responded that staff would have no objection to formation of the undergrounding district now. He added that staff had inadvertently neglected to look at public art treatment for the wall. Councilmember Benson agreed with Crites regarding the wall. Councilman Kelly asked when this is complete whether Hovley Lane would go through from Washington to Cook Street and if Eldorado would dead-end at Hovley. Mr. Smith said this was correct. Mayor Snyder noted this public hearing was still open and invited testimony from the applicant. MR. ALLAN LEVINE, Sunrise Company, 42-600 Cook Street, thanked staff for its diligent work and cooperative efforts. He noted the clubhouse would only be a two- story building but that there were architectural elements and various towers which might reach 60 feet. He added that they had not taken it to the Architectural Review Commission yet and that it was still in the design stage. He said the project was one square mile, and the clubhouse would be in the center and would be unobtrusive. With regard to the perimeter wall, he said people move into these communities with security arrangements and do not feel wrought iron would provide security. He said the wall would not have the appearance of a straight wall and would be meandering with different setbacks. In response to questions by Crites, Mr. Levine said he would be happy to work with the City's Art-in-Public-Places Committee on the wall treatment. He said the landscape theme would apply to private as well as public areas and the two golf courses. Councilman Crites said that recently Arizona had mandated how much turf is allowed on golf courses, and he asked how much would be on these two courses. Mr. Phil Smith of Sunrise responded that the golf courses were not fully designed at this time; the south course would be approximately 75% turf, with the north course slightly higher. Mayor Snyder invited testimony in FAVOR of or OPPOSED to this project. None was offered, and he declared the public hearing closed. Councilman Kelly said he was not present at the first meeting when this project was discussed and asked the City Attorney whether he could vote since he had heard discussion at this meeting. Mr. Erwin responded that Councilman Kelly was allowed to vote. 23 MINUTES REGULAR MEETING OF E PALM DESERT CITY COUP' DECEMBER 13, 1990 Councilman Wilson moved to: 1) Waive further reading and adopt Resolution No. 0-145, approving Vesting Tentative Tract Map 26123, subject to conditions; 2) Waive further reading and adopt Resolution No. 90-146,approving Precise Plan No. 90-21,subject to conditions; 3) Waive further reading and pass Ordinance No. 627 to second reading, approving the development agreement. Motion was seconded by Kelly. Councilman Crites offered the following amendments: 1) Developer shall consult with the public art program in terms of treatment to the perimeter walls; 2) If the clubhouse is to be higher than 50 feet, renderings shall be submitted to Council for review and approval; 3) Staff instructed to examine formation of the undergrounding district to get it going now. Councilmen Wilson and Kelly agreed to the amendments. Mr. Diaz suggested amending the wording of the first amendment to reflect instead of "consult",that perimeter wall treatment is to be "reviewed and approved by" the Art-in- Public-Places Committee. Mr. Phil Smith asked if it was Council's intention that Sunrise work with the Art-in- Public-Places Committee relative to the Country Club Drive portion of the wall, and Councilman Crites responded that that would be the primary issue. Councilman Wilson said he was not sure it needed approval by the Civic Arts Committee and felt "consult" was better. Council concurred with the amendments as stated by Councilman Crites. Mayor Snyder called for the vote. Motion carried by unanimous vote of the Council. C. JOINT PUBLIC HEARING WITH THE REDEVELOPMENT AGENCY TO CONSIDER PROPOSED AMENDMENT NO. 6 AND AMENDMENT NO. 7 TO THE REDEVELOPMENT PLAN, AS AMENDED, FOR PROJECT AREA NO. 1, AS AMENDED. Chairman Snyder reconvened the Redevelopment Agency meeting at 8:00 p.m. for the purpose of considering this as a joint City Council/RDA public hearing. Mr. Ortega asked that the Agency Board adopt Resolutions No. 238 and 239 approving the reports and transmitting such reports and amendments to the City Council. Member Crites moved to: 1) Waive further reading and adopt Agency Resolution No. 238, approving its Report to the City Council concerning proposed Amendment No. 6 to the Redevelopment Plan, As Amended, for Project Area No. 1, As Amended, and transmitting such Report and Amendment to the City Council; 2) Waive further reading and adopt Agency Resolution No. 239, approving its Report to the City Council concerning proposed Amendment No. 7 to the Redevelopment Plan, As Amended, for Project Area No. 1, As Amended, and transmitting such Report and Amendment to the City Council. Motion was seconded by Benson and carried by unanimous vote of the Agency Board. Mayor/Chairman Snyder declared the public hearing ol2en and asked for staffs report. 24 RECEIVED �Vb JAN - 9 i991 PALM KStR' 0- NOTICE OF PUBLIC HEARING BEFORE THE LOCAL AGENCY FORMATION COMMISSION . COUNTY OF RIVERSIDE NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Local Agency Formation Commission, County of Riverside, State of California, in the Board of Supervisors ' Meeting L Street, 14th Floor, Riverside, CA, on Thursday, January 24 , 19 1, at 9 : 00 a.m. , on the following proposals: 1. LAFCO 89-100-2--Reorganizationto Include Incorporation of Jurupa, Establishment of the Jurupa and Rubidoux Community Services Districts as Subsidiary Districts of the New City and Dissolution of the Jurupa Area Recreation and Park District, south and east of Riverside-San Bernardino County line, west and north of the Santa Ana River, north of the Cities of Riverside and Norco. 2 . LAFCO 90-12-1&5--Reconsideration of Sphere of Influence Study- -Cities of Riverside and Corona, south of City of Riverside including the areas of Mockingbird Canyon, Lake Mathews, Mead Valley, Gavilan Hills and Good Hope. 3 . LAFCO 90-15-3&5--Sphere of Influence Study--City of Lake Elsinore, south of City of Lake Elsinore, southeast of Corydon St. , and northwest of the City of Murrieta, including the community of Wildomar. 4 . LAFCO 90-51-1--Sphere of Influence Amendment--Elsinore Valley Municipal Water District (EVMWD) and Concurrent Reorganization to Include Detachment from Lee Lake Water District (LLWD) and Annexation to EVMWD, north of Temescal Cyn. Rd. , east of Horsethief Canyon Rd. , and west. of Hostettler Rd. , Lake Elsinore area. 5. LAFCO 90-60-2--Alternative Proposal to the Establishment of the Jurupa Community Services District as a Subsidiary District of the Proposed City of Jurupa, for location see 89- 100-2, above. 6. LAFCO 90-61-2--Alternative Proposal to the Establishment of the Rubidoux Community Services District as a Subsidiary District of the Proposed City of Jurupa� for location see 89- 100-2, above. )Continued---- RIVERSIDE LOCAL AGENCY FORMATION COMMISSION • 3403 TENTH STREET. SUITE 620 • RIVERSIDE, CA 92501-3676 PHONE(714) 369-0631 • FAX(714) 369-8479 NOTICE OF PUBLIC HEARING Page 2 January 24 , 1991 7 . LAFCO 90-65-3--Annexation 90-130 to City of Hemet, south of Whittier Ave. , west of Girard St. , north of Poppy Dr. , east of San Jacinto St. , Hemet area. 8 . LAFCO 90-69-1--Annexation 53 to County Service Area 143 , west of I-15, north of Rancon Center Blvd. , east of Jefferson Ave. , south of Nick Lane, Murrieta area. 9. LAFCO 90-75-3--Annexation 63 to City of San Jacinto, north of Washington Avenue, southeast of River St. , west of Soboba St. , San Jacinto area. 10. LAFCO 90-81-3--Annexation to Beaumont-Cherry Valley Water District, Highland Springs, west of Canyon P1 . , north of Grand Ave. , east of Highland Springs Ave. , south of Chisholm Tr. , Banning area. 11 . LAFCO 90-90-1--Annexation 12 to County Service Area 22 , east 11 of Ortega Highway, south of Grand Ave. , Lake Elsinore area. 12JLAFCO 90-95-4--Annexation 27 to City of Palm Desert, Section 11, T5S, R6E, south of Country Club Dr. , west of Oasis Club Dr. , north of 42nd Ave. , east of Eldorado Dr. , Palm Desert area. 13 . LAFCO 90-101-5--Annexation to Valley-Wide Recreation and Parks District, west of Olivas Ave. , north of San Jacinto Ave. , east of Menifee Rd. , south of Central Ave. , Nuevo area. 14 . LAFCO 90-102-2--Annexation 12 to County Service Area 22, west of Macy St. , north of Lime St. , south of Grand Ave. , Lake Elsinore area. The above does not necessarily reflect the order in which items will be heard. Previously continued items' may not appear on this notice. For a particular description of the land involved, reference is hereby made to maps and legal descriptions on file in the office of the Local Agency Formation Commission, 3403 Tenth Street, 6th Floor, Riverside, CA 92501-3676. If a copy of the staff report is desired for a particular proposal listed above, please submit a written request to the address above. LOCAL AGENCY FORMATION COMMISSION COUNTY OF RIV S E I Ge r e J `.S iliotis Dece 20, 1990 RIVERSIDE LOCAL AGENCY FORMATION COMMISSION • 3403 TENTH STREET, SUITE 620 • RIVERSIDE, CA 92501-3676 PHONE (714) 369-0631 FAX(714) 369-8479 ) 1 I PLANN' COMMISSION RESOLUTION Ni A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND VESTING TENTATIVE TRACT MAP FOR A 1278 UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT IN SECTION 11 T5S R6E. CASE NO. VESTING TT 26123 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of October, 1990, hold a duly noticed public hearing to consider the request of SUNRISE DESERT PARTNERS for approval of a Negative Declaration of Environmental Impact, vesting TT 26123 for a 1278 unit residential condominium development on Section 11, T5S R6E; 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. 80-89, " in that the director of community development has determined that the project will not have an adverse 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 approval of said vesting map and Negative Declaration of Environmental Impact: ( a) That the proposed vesting map is consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. ( c) That the site is physically suitable for the type of development. ( d) That the site is physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. ( f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. PLANNING COMMISSION "r: SOLUTION NO. WHEREAS, in the review of this tentative tract map the planning commission has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources. 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 the Negative Declaration of Environmental Impact Exhibit "A" and Vesting Tentative Tract Map No. 26123 are hereby recommended to the city council for approval for the reasons set forth in this resolution and in the staff report dated October 16, 1990 and subject to the attached conditions, Exhibit "B" . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of October, 1990, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary SRS/tm 2 PLANNING COMMISSION P-SOLUTION NO. EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NOS: Vesting TT 26123, PP 90-21 and Development Agreement APPLICANT/PROJECT SPONSOR: Sunrise Desert Partners 46-200 Cook Street Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Vesting tentative tract map for a 1278 unit residential condominium golf course and country 'club development in Section 11, T5S R6E SBBM. 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. RAMON A. DIAZ DATE DIRECTOR OF COMMUNITY DEVELOPMENT SRS/tm 3 � i PLANNING COMMISSION -SOLUTION NO. EXHIBIT "B" CONDITIONS OF APPROVAL CASE NO. VESTING TT 26123 Department of Community Development/Planning• 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 . The approval of this vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by the Subdivision Ordinance for the expiration of the approval of a tentative map. 3 . That the rights contained in the tentative vesting map shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Condition 2 above. If the final map is approved then 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. 4. 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. 5 . Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Desert Sands Unified School District 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. 6. That the setbacks for dwellings in this project shall be as required in the precise plan, PP 90-21. 7. That the approval shall be null and void unless said property is annexed to the City of Palm Desert. 4 PLANNING COMMISSION F 'OLUTION NO. B . That the landscape theme for the development include p p c ude significant areas of drought tolerant landscape materials to reduce water usage and that all parkway landscaping within the right-of-way shall be drought tolerant subject to approval of the Environmental Conservation Manager. 9 . That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance 612, said enclosures subject to approval of Environmental Conservation Manager. 10. That the street plans provide marked on the street bicycle lanes on El Dorado, 42nd Avenue and Oasis Club Drive. The bicycle lane on Country club will be on the sidewalk. Department of Public Works: 1 . The project shall be designed to retain drainage from a 100-year storm on-site. Drainage fees for the construction of regional drainage improvements which would be necessary regardless of the on-site drainage retention shall be paid prior to the recordation of the final map. The amount of these fees shall be based upon the City of Palm Desert Master Drainage Plan prepared by NBS/Lowery upon its adoption by the Palm Desert City Council. 2. Any drainage/retention are facilities 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. 3. Rights-of-way/easements as may be necessary for the construction of local/regional flood control facilities shall be provided on the parcel map. 4. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to approval and recordation of the parcel map. Applicant shall provide for the conversion of the existing three-way traffic signal on Country club Drive at the main project entry to a four-way configuration and pay one-fourth the cost of traffic signal installation at the intersections of Country Club Drive and Oasis Club Drive, 42nd Avenue and Oasis Club Drive, and El Dorado Drive and 42nd Avenue. 5 . 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 5 PLANNING COMMISSION -w'SOLUTION NO. 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 recordation of the final map. 6 . 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. Minimum improvements shall include, but not be limited to the following: Country Club Drive: * C o n s t r u c t i o n o f a deceleration/acceleration lane for main entry. * Construction of an 8 foot wide meandering sidewalk. * Installation of perimeter landscaping as approved by the City of Palm Desert. Oasis Club Drive: * Construction of curb and gutter and AC paving at 38 feet from centerline. * Construction of a 6 foot wide sidewalk. * Installation of perimeter landscaping as approved by the City of Palm Desert. El Dorado Drive: * Construction of curb and gutter and AC paving at 43 feet from centerline. * Construction of a deceleration lane at the maintenance are entry and Country Club Drive intersection. * Construction of one-half of a raised, landscaped median island. * Construction of an 8 foot wide meandering sidewalk. * Installation of perimeter landscaping as approved by the City of Palm Desert. 42nd Avenue: * Construction of curb and gutter and AC paving at 38 feet from centerline. * Construction of a 6 foot wide sidewalk. * Construction of one-half of a raised, landscaped median island in the roadway section where no improvements currently exist and construction of a full raised, landscaped median island in the roadway section where improvements currently exist south of- centerline. * Installation of perimeter landscaping as approved by the City of Palm Desert. 6 PLANNING COMMISSION 'SOLUTION NO. Interior Streets: * Improvements as shown on the tentative map. In addition to the above noted items, those traffic mitigation measures identified in the project Traffic Impact Analysis prepared by Weston Pringle and Associates shall be provided. The subject report and proposed mitigation measures shall be approved by the public works department. 7 . 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. 8. Traffic safety striping on Country Club Drive, Oasis Club Drive, 42nd Avenue, El Dorado Drive and all interior streets shall be provided to the specifications of the director of public works and shall include the use of approved thermoplastic paint and raised pavement markers. A traffic control plan must be submitted to, and approved by, the director of public works prior to the issuance of any permits associated with this project or placement of any pavement markings. 9 . Developer shall participate in the proposed City of Palm Desert Mello-Roos Community Facilities District (Cook Street Improvements) to the extent determined by the "Special Tax Report" to be filed in connection with the proceedings of the City of Palm Desert, in the Office of the City Clerk of the City of Palm Desert. The maximum obligation associated with this project shall be $1, 687, 712.00. Developer shall further post security satisfactory to the City of Palm Desert, in the amount of $1, 687, 712.00 to guarantee such participation in the subject Community Facilities District. All security posted pursuant to this condition shall be released by the City of Palm Desert, upon notification from the City of Palm Desert that said Community Facilities District has been finally formed and all applicable statues of limitation for challenging the formation of said Community Facilities District have expired. If the proceedings for the formation of the subject Community Facilities District are abandoned, or otherwise terminated, the security shall be called upon, or the cash equivalent shall be provided by the developer, and said monies shall be used to defray the costs of constructing the projects contemplated by the formation of said Community Facilities District. Cash may be posted in lieu of any such security. 10. Landscaping maintenance on the property frontages shall be provided by the property owner and/or property owners association. 7 PLANNING COMMISSION r-SOLUTION NO. 11 . In accordance with Palm Desert Municipal Code Section 26 .44, complete grading plans and specifications shall be submitted to the director of public works for checking and approval prior to issuance of any permits. 12. Complete tract map shall be submitted as required by ordinance to the director of public works for checking and approval before issuance of any permits. 13. 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. 14. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 15 . Waiver of access to Country Club Drive, E1 Dorado Drive, 42nd Avenue and Oasis Club Drive, except at approved locations, shall be granted on the final map. 16 . Transportation Uniform Mitigation Fees ( TUMF) associated with this project shall be credited against the City of Palm Desert Mello Roos community Facilities District (Cook Street Improvements) . Subject credit shall be subject to the approval of the coachella Valley Association of Governments (CVAG) . 17 . Half street right-of-way at fifty-five feet on Country Club Drive, fifty-five feet on E1 Dorado Drive, fifty feet on 42nd Avenue and fifty feet on Oasis Club Drive for dedication on the final map. 18 . Improvement plans for water and sewer systems shall be approved by the respective service districts with "as-built" plans submitted to the department of public works prior to project final. 19 . As required by the Palm Desert Municipal Code, all existing overhead utilities shall be placed underground per each utility districts recommendation. If determined to be unfeasible, the applicant shall submit to the city, in a form acceptable to the city attorney, surety in an amount equal to the estimated construction cost for the subject undergrounding. 20. A complete preliminary soils investigation, prepared by a registered soils engineer, shall be submitted to and approved by the public works department prior to the issuance of any permits. SRS/tm 8 PLANT- 'G COMMISSION RESOLUTION 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PRECISE PLAN FOR A 1278 UNIT COUNTRY CLUB TYPE RESIDENTIAL/CONDOMINIUM PROJECT WITH RELATED AMENITIES ON 637 ACRES IN SECTION 11 T5S R6E SBBM. CASE NO. PP 90-21 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of October, 1990, hold a duly noticed . public hearing to consider the request of SUNRISE DESERT PARTNERS for the above mentioned project; 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. 80-89, " in that the director of community development has determined that the project will not have an adverse 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 to exist to justify their actions: 1 . The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. 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 the Negative Declaration of Environmental Impact Exhibit "A" attached is hereby recommended to the city council for certification. 3. That Precise Plan PP 90-21 on file in the department of community development is hereby recommended to the city council for approval, subject to conditions ( Exhibit "B" ) . PLANNING COMMISSION SOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of October, 1990, by the following vote, to wit: AYES : NOES : ABSENT: ABSTAIN: CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary SRS/tm 2 PLANNING COMMISSION ^ESOLUTION NO. EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NOS: Vesting TT 26123, PP 90-21 and Development Agreement APPLICANT/PROJECT SPONSOR: Sunrise Desert Partners 46-200 Cook Street Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Vesting tentative tract map for a 1278 unit residential condominium golf course and country club development in Section 11, T5S R6E SBBM. 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. RAMON A. DIAZ DATE DIRECTOR OF COMMUNITY DEVELOPMENT SRS/tm 3 PLANNING COMMISSION PFSOLUTION NO. EXHIBIT "B" CONDITIONS OF APPROVAL CASE NO. PP 90-21 Department of Community Development/Planning• 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 . 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. 3 . Construction of a portion of said project shall commence within one year 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. 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 Desert Sands Unified School District 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. Payment of fringe-toed lizard mitigation fees in amount of $600.00 ($600 per acre prorated) required prior to issuance of grading permit or evidence such fee has been paid. 6. That exterior lighting on the site comply with Riverside County Ordinance No. 655 ( i.e. lighting fixtures emitting 4050 or more lumens must be low pressure sodium in nature) . 7 . That the proposed wall along 42nd Avenue be moved 8 feet to the north to provide a minimum 20 feet of setback from the curb face to the wall or alternatively the applicant resubmit a landscape 4 PLANNING COMMISSION RESOLUTION NO. plan for this section providing substantial landscaping pockets to buffer the effect of a long straight wall to the satisfaction of the architectural review commission. 8 . That the country club maintenance facility shall provide sufficient onsite , parking area for all maintenance employees. 9 . That the setbacks for units on this condominium project shall be as shown on the "typical setback" plan dated October 9, 1990 on file with the department of community development. Minimum setbacks to a head-in garage shall be 20 feet. Minimum front setback to a side-in garage shall be 10 feet with a 25 foot driveway backup area. 10. That the street plan provide on the street bicycle lanes on E1 Dorado, 42nd Avenue and Oasis Club Drive. The bicycle lane on Country Club to be on the sidewalk. 11 . That this approval shall be null and void unless said property is annexed to the City of Palm Desert. 12. That the landscape theme for the development include significant areas of drought tolerant landscape materials to reduce water usage and that all parkway landscaping within the right-of-way shall be drought tolerant subject to approval of the Environmental Conservation Manager. 13. That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance No. 612, said enclosures subject to approval of Environmental Conservation Manager. 14. Project is subject to Art in Public Places fee per Ordinance No. 473. 15. Landscape plans for the club house area shall comply with parking lot tree planting master plan. SRS/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 PREANNEXATION DEVELOPMENT AGREEMENT FOR INDIAN RIDGE COUNTRY CLUB. CASE NOS. VESTING TT 26213 AND PP 90-21 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of October, 1990, hold a duly noticed public hearing to consider the request of SUNRISE DESERT PARTNERS to consider the above mentioned project; 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. 80-89, " in that the director of community development has determined that the project will not have a significant negative impact on the environment; 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 granting recommending approval of said preannexation development agreement: 1. The provisions of the development agreement are consistent with the requirements of Chapter 25.37 of the zoning ordinance (development 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 a Negative Declaration of Environmental Impact Exhibit "A" attached and Preannexation Development Agreement Exhibit "B" (may be amended prior to approval by the planning commission) are hereby recommended to city council for approval. 1 PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of October, 1990, by the following vote, to wit: AYES: NOES : ABSENT: ABSTAIN: CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary PD/tm 2 PLANNING COMMISSION IOLUTION NO. EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NOS: Vesting TT 26123, PP 90-21 and Development Agreement APPLICANT/PROJECT SPONSOR: Sunrise Desert Partners 46-200 Cook Street Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Vesting tentative tract map for a 1278 unit residential condominium golf course and country club development in Section 11, T5S R6E SBBM. 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. RAMON A. DIAZ DATE DIRECTOR OF COMMUNITY DEVELOPMENT SRS/tm 3 BIRTCHER Partners In i r1, l..•nr n 1 n J{ to Uo.y. America's Progress for 50 Years. RECEIVED OCT 4 1990 [0MMU4rV D(VtL0pMEM,D(PIR,M(Mr CITY Of PALM Df5f5t July 25 , 1990 Mr . Ray Diaz City of Palm Desert 73-510 Fred Waring Drive Palm Desert , CA 92260 Dear Ray: In reponse to your conversation with Charlie Sweet , we would like to have bike lanes designated along E1 Dorado Drive . Birtcher is the developer of tentative track 025711 which fronts on E1 Dorado Drive . We believe it would be of benefit to our project and to the community to dedicate a portion of the street to cyclists . Jack Canlon of Sunrise Company also agrees with this request . Please let me know what we can do to accomplish this . Very Truly Yours , Clark R. Wardle Principal CRW/js cc : Charlie Sweet ( hn.n; I,.d L- IL mri Ilu.inn 6.Inr I.pa...., 1, .M i....r.ip.di. Ibin. 1)err, 1'h.rnn firm , INTEROFFICE MEMO CITY OF PALM DESERT TO: Steve Smith From:Brent Conley Re: Indian Ridge Country Club Date: 9-18-90 The project as proposed could have a significant impact on the City of Palm Desert, both in traffic concerns and additional population. The traffic concerns are the continuation of AVE 42 with Hovely and the addional traffic that will use this roadway instead of Country Club . The roadway to the south of the development will need to be at least two lanes in both directions to accommidate the additioal traffic. This project as well as a similiar project proposed for Indian Wells will have a significant impact on the area and the need for this additional traffic improvement and additional future expansion should be considered. The entrance on Country Club needs to be improved to allow a de- acceleration lane to assist traffic entering into the project. additional comments by the Fire Department have to be considered. The project will also have and additional impact as it relates to population to the city. The national average per household is approximatly 2.3 per household. This figure computed with the number of proposed units is 1270 totals 3048 in increased population. This increased population will add to the calls for service and increase police response time. A list of proposed street names needs to submitted for review as the names proposed are similiar to streets already existing in the city. The need to equip the proposed units with security measures will assist the residents. The entrance doors to both the garage areas and main entrance should be equipped with dead bolts locks, door viewers and be of solid-core construction. All sliding doors and windows must be equipped with locking devices to prevent entry. Xuestions or comments, call me at 303. Brent INTEROFFICE MEMORANDUM TO: Department of Community Development/Planning Attention: Steve Smith FROM: Richard J. Folkers, Asst . City Manager/Public Works Director SUBJECT: INDIAN RIDGE PREANNEXATION 6 DEVELOPMENT AGREEMENT; SUNRISE COMPANY DATE: October 3 , 1990 We have reviewed the above referenced document and offer the following comments : SECTION 7. 1: Development Fees . As proposed, the agreement seeks to establish certain development fees at specific dollar figures . Since those fees identified are based on variables that are unknown at this time (i .e. , actual dwelling unit count , clubhouse and accessory building square footage, etc. ) it would be inappropriate to set specific dollar amounts in the agreement . It would appear that this section could be simplified such that( Sunrise would be obligated to pay those development-related fees which are required by ordinance or resolutiou at the time of the approval of the agreement ) The amounts of these fees would also be "fixed" by those ordinances or resolutions in place at the time of the approval of the agreement . In addition, it would seem inappropriate for the City of Palm Desert to enter into any agreement which would establish limits associated with fees payable to other governmental or quasi-governmental entities. SECTION 7 .2: Mello-Roos Communitv Facilities District for Conk Street Improvements. This section should be revised to read : Sunrise shall participate in the proposed City of Palm Desert Mello- Roos Community Facilities District (Cook Street Improvements) to the extent determined by the "Special Tax Report" to be filed in connection with the proceedings of the Citv of Palm Desert, in the Office of the City Clerk of the City of Palm Desert . The maximum obligation associated with this project shall be $1,687,712.00. Developer shall further post security satisfactory to the City of Palm Desert, in the amount of S1 , 687,712.00 to guarantee such participation in the subject community Facilities District . All security posted pursuant to this condition shall be released by the City of Palm Desert , upon notification from the City of Palm Desert that said Community Facilities District has been finally formed and all applicable statutes of limitation for challenging the formation of said Communitv Facilities District have expired . If the proceedings for the formation of the subject Community Facilities District are abandoned, or otherwise terminated, the security shall be called upon, or the cash equivalent shall be provided by the Developer, and said monies shall be used to defray the costs of constructing the projects contemplated by the formation of said Community Facilities District . Cash may be posted in lieu of any such security . Payment of Transportation Uniform Mitigation Fees (TUMF) associated with this project may be credited against the Mello-Roos Community Facilities District obligation provided that Sunrise and the Coachella Valley Association of Governments enter into an agreement which provides for such credits . SECTION 7 . 3 : Drainage Facilities . This section shontd be revised to read: The project shall be designed to retain drainage from a 100-year storm on-site. Drainage fees for the construction of regional drainage improvements , which would be necessary regardless of the on-site drainage retention, shall he paid in an amount which shall be based on the City of Palm Desert Master Drainage Plan prepared by NBS\Lowry upon its adoption by the Palm Desert City Council . SECTION 7 .4 .5: Sidewalks . This section should be revised to read: - Concrete sidewalks shall be constructed on- all-four perimeters of the Property . Sidewalk width shall eight fey on Country Club . and El Dorado Drives and six feet wide asis Club Drive and 42nd Avenue. SECTION 7 .4.6 : Traffic Signals. This section should be revised to read: Sunrise shall provide for the conversion of the existing three- way traffic signal on Country Club Drive at the main project entry to a four-way configuration and pay one-fourth the cost of traffic signal installation at the intersections of Country Club Drive and Oasis Club Drive, 42nd Avenue and Oasis Club Drive, and E1 Dorado Drive and 42nd Avenue. Traffic signalization fees required for this project may be used as credits against these costs. 7 RI HARD J. FOLKERS, P.E. IPt 9nVte26121.ag2U INTEROFFICE MEMORANDUM CITY OF PALM DESERT TO: STEVE SMITH , ASSOCIATE PLANNER FROM : ENVIRONMENTAL CONSERVATION MANAGER SUBJECT: ENVIRONMENTAL CONSERVATION CONDITIONS OF APPROVAL VESTING TT 26- 123, 1NDIAN RIDGE COUNTRY CLUB, SUNRISE DESERT PARTNERS DATE : SEPTEMBER 26 , 1990 The following conditions are recommended for TT 26- 123 : 1 . Applicant shall provide for the installation of drought tolerant / water efficient landscape on all parkway landscape within the public right-of-way and shall be subject to the approval of the Environmental Conservation Manager . 2 . Applicant shall provide for installation of solid waste and recycling enclosures servicing all public buildings as required by City of Palm Desert Ordinance #612 , and enclosures shall be subject to the approval of the Environmental Conservation Manager . ?OH JW/rgf z ESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT; ) 1990 POST OFFICE BOX 1058•COACHELLA, CALIFORNIA 92236•TELEPHfIIRr16AB118 0",61C ot�AM'MLNI CI!} X PALM DESERT DIRECTORS OFFICERS TELLIS CODEPAS.PRESIDENT THOMAS E.LEVY.GENERAL MANAGER CHIEF ENGINEER RAYMOND R.RUMMONDS.VICE PRESIDENT SERNARDINE SUTTON,SECRETARY JOHN W.MCFADDEN OWEN MCCOOK ASSISTANT GENERAL MANAGER DOROTHY M.NICHOLS September 18, 1990 REDWINE AND SHERRILL.ATTORNEYS THEODORE J.FISH File: 0163.1 Department of Environmental Services City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Gentlemen: Subject: Tentative Tract No. 26123, Portion of Section 11, Township 5 South, Range 6 East, San Bernardino Meridian Drainage from this area is contributory to the Mid-Valley Stormwater Project. The interim flood control study for this project is presently being reviewed for adoption by the affected agencies. Mitigation measures shall be incorporated into the development to prevent flooding of the site or downstream properties. These measures may include on-site retention of water from the 100-year storm _ and payment of drainage fees or other participation in the financing of regional flood control facilities. Plans for stormwater protective works shall be submitted to Coachella Valley Water District for review. The district will furnish domestic water and sanitation service to this area in accordance with the current regulations of this district. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. This area shall be annexed to Improvement District Nos. 16 and 70 of Coachella Valley Water District for domestic water service. The district will need additional facilities to provide for the orderly expansion of its domestic water system. These facilities may include wells, reservoirs and booster pumping stations. The developer will be required to provide land on which some of these facilities will be located. These sites shall be shown on the tract map as lots to be deeded to the district for such purpose. TRUE CONSERVATION USE WATER WISELY Department of Environn._atal Services -2- September 18, 1990 This area shall be annexed to Improvement District Nos. 53 and 80 of Coachella Valley Water District for sanitation service. Plans for grading, landscaping, and irrigation systems shall be submitted to Coachella Valley Water District for review. This review is for ensuring efficient water management. If you have any questions please call Bob Meleg, stormwater engineer, extension 264. Yours very truly, � evy � General Manager-Chief Engineer RF:kb/e9 cc: Don Park Riverside County Department of Public Health 79-733 Country Club Drive, Suite D Bermuda Dunes, California 92201 COACHELLA VALLEY WATER DISTRICT AN ARCHAEOLOGICAL ASSESSMENT OF A 640«ACRE PARCEL AS SHOWN ON TT 26123 LOCATED IMMEDIATELY SOUTHWEST OF THE INTERSECTION OF COUNTRY CLUB DRIVE AND OASIS CLUB DRIVE IN PALM DESERT, RIVERSIDE COUNTY by Archaeological Associates, Ltd. P.O. Box 180 Sun City, CA 92381 (714) 244-1783 (FAX) 244-0084 September 3, 1990 The undersigned certifies that the attached report is a true and accurate description of the results of an ARCHAEOLOGICAL survey described herein. :^.1i1{iA�fec. Sb...:?l.A,� k w Laurie S. White Principal Investigator L INTRODUCTION The following report was written for Sunrise Desert Partners by Archaeological Associates Ltd. It describes a study conducted to ascertain whether significant cultural resources are present within the boundaries of a 640«acre parcel as shown on TT 26123 adjacent to Country Club Drive in Palm Desert, Riverside County. The study consisted of: (1) a records search conducted to determine whether any previously recorded historic or prehistoric material is present on the parcel and (2) a field reconnaissance intended to identify any previously unrecorded cultural resources. IL STUDY AREA LOCATION AND ENVIRONMENT The study area is located immediately southwest of the intersection of Country Club Drive and Oasis Club Drive in Palm Desert, Riverside County. It comprises all of Section 11, Township 5 South, Range 6 East, San Bernardino Base Meridian as shown on portions of the USGS Myoma & La Quinta 7.5' Topographic Quadrangles (Figure 1). The parcel is square In shape with the northern boundary lying adjacent to Country Club Drive and the eastern boundary adjacent to Oasis Club Drive. A portion of the southern boundary is delineated by 42nd Avenue as is a portion of the western boundary by El Dorado Drive. Figure 1 shows the study area plotted on portions of the USGS Myoma and La Quinta 7.5' Topographic Quadrangle. Topographically, the parcel comprises an undulating sand field that drains to the northeast. Elevations range from a maximum of 225 feet above sea level midway along the western boundary to a minimum of 140 feet in the northeast property corner. Study area vegetation is very sparse, and is best represented by the Creosote Bush Scrub plant community. Some of the more readily Identifiable plants observed included: creosote bush and sage. Fauna observed included a coyote, jackrabbits, roadrunner, doves, ravens and the unmistakeable tracks of the sidewinder. Soils comprise blow-sand and some sand hardpan No natural surface water or bedrock was observed anywhere on the property. Disturbed locations within the study area comprise a graded pad for several temporary buildings adjacent to El Dorado Drive, the SCE Concho Substation and well site adjacent to Country Club Drive, numerous access I A L L Vti COU Inv tin \I OFrvE 10 10 i1 12 •� "� . , . ter;t''�•y�i T mwi 1 Figure I Study area boundaries plotted on portions of the USGS Myoma & La Quinta 7.5' Topographic Quadrangles. I PR 5 l \\ !1 ;N \ ! , , •���r. I lo•O I l II Z t ` •- A P R -5 � � 1 t �j O \- 1 ' s• P R 5 �. ♦ ♦ eE Figure 2 Study area as illustrated on TT 26123 2oo Scab map reduced 108% from original roads and ORV trails, and a derilict automobile and motorcycle. Furthermore, piles of dumped building materials, household junk and appliances can be found scattered throughout the property. III. RECORDS SEARCH A records search of the study area was conducted by Archaeological Associates' staff at the Archaeological Research Unit, University . of California at Riverside. The results of the search indicated that no prehistoric or historic archaeological sites are recorded within the boundaries of the study area. However, one historic and one prehistoric site have been recorded within a one mile radius of the subject property. The historic site is described as an early 1900's adobe house, the prehistoric site as remnants of a possible fire-hearth. The closest of the two sites, Riv-3222, is characterized as a scatter of charcoal, burnt clay and one groundstone fragment. It is located approximately 1/2-mile to the northeast. IV. FIELD RECONNAISSANCE A field reconnaissance of the study area was conducted by Robert White, Laurie White, and Jeff Linscheid on August 31, September 1, & 2, 1990. The survey commenced in the southeast property corner at the intersection of Oasis Club Drive and 42nd Avenue and proceeded in a northerly direction. Surface visibility was excellent, approaching 100% throughout the property. The survey was conducted by walking parallel transacts spaced at 15-20 meter intervals across the parcel. No significant cultural resources were located within the boundaries of the subject property. V. RECOMMENDATIONS The records search failed to indicate the presence of any recorded prehistoric or historic resources within the boundaries of the subject property. The results of the field reconnaissance were also negative. Since a reasonably thorough investigation has failed to reveal the presence of any potentially significant cultural resources within the study area, no further mitigation measures in conjunction with cultural resources are recommended. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: (Space Above This Line For Recorder's Use) INDIAN RIDGE COUNTRY CLUB PREANNEXATION AND DEVELOPMENT AGREEMENT PURSUANT TO THE AUTHORITY of state law, including Sections 65864 through 65869.5 of the California Government Code, this Preannexation and Development Agreement ("Agreement") is entered this _ day of 1990, by and between the City of Palm Desert ("City") , a municipal corporation of the State of California, and Sunrise Desert Partners ("Sunrise") , a California limited partnership. R E C I T A L S• The parties hereto have entered into this Agreement on the basis of the following facts, understandings and intentions. A. Sunrise is the owner of property consisting of approximately 640 acres (the "Property") , bounded by Country Club Drive on the north, Avenue 42 on the south, Eldorado Drive on the west and Oasis Club Drive on the east, as more particularly described in Exhibit A. The Property currently is located within the sphere of influence of the City, in the County of Riverside. On , 1990, a petition was submitted to the Riverside County Local Agency Formation Commission ("LAFCO") requesting the annexation of the Property to the City. B. Sunrise has proposed the development of Indian Ridge Country Club, a planned community of no more than 1,500 homes, on the Property (the "Project") . The Project will consist of a residential community, two eighteen-hole championship golf courses, and a clubhouse featuring golf, tennis, swimming and health spa facilities. The Project will include a diversity of housing types appealing to a broad range of residents. C. The City is authorized to enter into binding preannexation agreements which set forth the terms and conditions upon which property will be developed following annexation to the City. Pursuant to Government Code sections 65864-65869.5, the City is further authorized to enter into binding development agreements which encourage and provide for the development of public facilities in order to support the development of new housing; provide certainty in the approval of development projects in order to avoid a waste of resources and an escalation in the cost of housing and other development to the consumer; provide assurance to developers that they may proceed with their projects in accordance with existing policies, rules and regulations, subject to their conditions of approval; and strengthen the public planning process and encourage private participation in comprehensive planning. D. The development of the Project requires substantial early and major capital expenditures and investments with respect to the construction and installation of major infrastructure and facilities, both on-site and off-site, of sufficient capacity to serve the Project as anticipated by the General Plan of the City and this Agreement. E. The City has approved the following entitlements for the Project: prezoning of the Project site to P.R.-5, by Ordinance No. ; a Precise Plan for the Project, by Resolution No. ; and a vesting tentative map for the Project, by Resolution No. (collectively, "Existing Approvals") , contingent upon the annexation of the Property to the City- F. The Project site is designated P.R.-5 by the General Plan and the North Sphere Specific Plan. This designation allows the development of a maximum of five residential units per gross acre. The residential density of the Project will not exceed 2. 35 units per gross acre and is, therefore, consistent with the General Plan and North Sphere Specific Plan. The P.R.-5 prezoning, which also allows the development of five residential units per gross acre, is consistent with the designation of the Project site in the General Plan and North Sphere Specific Plan.. -2- G. The City has undertaken the necessary review of the environmental effects of the Project pursuant to the California Environmental Quality Act ("CEQA") . On 1990, the City Council approved a negative declaration ("Negative Declaration") for the Project by Resolution No. The Negative Declaration evaluates potential impacts of the Project on the environment and sets forth the City's reasons for concluding that these impacts will not be significant. H. This Agreement is intended to establish standards and requirements .for the development of the Project, and to provide for the orderly development of the Project, thereby assuring the public benefits .identified by the City in this Agreement. I. Following due consideration of all evidence submitted or heard at duly noticed public hearings, the City Planning Commission and City Council have found and determined that this Agreement (a) is consistent with the City's General Plan; (b) is in the best interests of the health, safety and general welfare of the City, its residents and the public; (c) is entered into pursuant to and constitutes a present exercise of the police power by the City; (d) is entered into pursuant to and in compliance with the requirements of state law; and (e) is entered into for valuable and adequate consideration, based on the obligations assumed by Sunrise hereunder. I. The City has determined that the Project implements the goals and policies of the City's General Plan applicable to the Project. The City further finds that the Project imposes appropriate standards and requirements with respect to land developments and usage so as to maintain and improve the quality of life and the environment within the City- NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: 1.0 Definition of the Project. The Project is a planned community consisting of a maximum of 1, 500 residential units, two eighteen-hole golf courses, a clubhouse and sports facilities, as more particularly described in the development plan attached hereto -3- as Exhibit B ("Development Plan") . The permitted uses of the Property, the density or intensity of use, and the maximum height and size of proposed buildings shall be as set forth in the Development Plan. 2 . 0 Definition of Terms. "Date of Enactment" shall mean the date of the second reading of the ordinance by which the City approves this Agreement. "Effective Date" shall mean that date (thirty days after the Date of Enactment) upon which this Agreement becomes effective, pursuant to state law. 3 . 0 Property Interest. Sunrise has shown to the City's satisfaction that its interest in the Property meets the requirements of the Development Agreement Law. Sunrise is the owner in fee of the Property. 4. 0 Timing of Annexation. This Agreement shall not become operative unless annexation proceedings annexing the Property to the City are completed within one year from the Effective Date. If the annexation is not completed within the time specified in the Agreement or any extension of the Agreement, the Agreement shall be null and void. 5.0 Compliance with CEQA. The City has determined that this Agreement is consistent with and within the scope of the Negative Declaration. The City has determined that there are no substantial changes in the Project, or in the circumstances under which the Project will be undertaken pursuant to this Agreement, which involve new significant impacts not considered in the Negative Declaration. Therefore, no further environmental analysis of this Agreement is required under CEQA. 6.0 Consistency With The General Plan. The designation of the Property in the General Plan is Planned Residential ("P.R.") 5. The PR designation allows the development of residential uses, community facilities, recreational uses and related accessory uses, and other uses or mixtures of residential with country club related commercial uses, as designated on an approved precise plan. The PR -4- district is intended to provide for flexibility in development, creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities and housing types, and community facilities, both public and private. The PR 5 designation establishes that five residential units per gross acre are permitted. The Project is consistent with this designation because it will incorporate residential and country club related uses in a creative design, and will not exceed five residential units per gross acre. The City has further determined that this Agreement will implement the goals and policies of the General Plan of the City, including the goals of developing a land use pattern that takes optimum advantage of the City's natural assets, providing for an orderly balance of land uses within convenient and compatible locations and creating a distinctive sense of place and identity for each community and neighborhood in the City. 7.0 Sunrise's Obligations. 7. 1 Development Fees. The following fees shall be payable by Sunrise in connection with the Project: City park fees, pursuant to the Subdivision Map Act, in the sum of $ ; City Art in Public Places fee, in the sum of $ ; school fee payable to Desert Sands Unified School District, based on state law requirements, in the sum of approximately $ Transportation Uniform Mitigation Fee, in the sum of approximately $ , applicable to regional transportation and public works projects; water and sewer fees payable to Coachella Valley Water District, in the sum of approximately $ ; and Fringe-Toed Lizard Fee, payable under the Fringe-Toed Lizard Habitat Conservation Plan, in the sum of approximately $384,000. In total, fees payable in connection with the Project will exceed $ 7.2 Mel o Roos Community Facilities District for Cook Street Improvements. The Property shall participate in the proposed Mello-Roos Community Facilities District ("CFD") for improvements to Cook Street. The maximum obligation to be imposed on the Property pursuant to the Cook Street CFD shall be $1, 687,712. Sunrise further agrees to advance $50,000 for the formation of the Cook Street CFD, subject to reimbursement from Mello-Roos bond proceeds. Any Transportation Uniform Mitigation Fees (as more particularly described in Section 7 . 1 herein) shall be credited against the $1,687,712 Cook Street CFD obligation. -5- 7 . 3 Drainage Facilities. The Project shall be designed to retain drainage from a 100-year storm on-site. If the City imposes a drainage fee applicable to the Property, Sunrise shall receive a fair and equitable credit against this fee. The credit shall be based on the reduction in the City's cost of building drainage improvements attributable to the Project's on-site retention of drainage. Sunrise shall only be required to pay a reduced fee, representing the amount specifically allocable to regional drainage improvements which would be necessary regardless of the on-site drainage retention to be incorporated into the Project. 7. 4 Street Improvements. Sunrise shall provide landscaping and other improvements to all streets directly adjacent to the Property, as follows. All descriptions of street sections are approximate, and are subject to modification without amendment of this Agreement. 7.4. 1 Avenue 42 (Southern Perimeter of the Property) . The northern half of the 100-foot right of way shall be dedicated and improved to include 32-foot driving lanes, a 12-foot landscaped parkway and one-half of the 12-foot landscaped ,median. In addition, Sunrise shall construct the southern half of the landscaped median adjacent to Oasis Country Club, where the southern half of the street is fully improved but no median exists. 7.4.2 Eldorado Drive (Western Perimeter of the Property) . The eastern half of the 110-foot right of way shall be dedicated and improved. The western half also shall be improved, beginning one-half mile south of Country Club Drive (where improvements to the western half now end) and extending one-half mile south to the intersection of Avenue 42. The construction of these improvements to the western half of Eldorado Drive shall be subject to a reimbursement agreement administered by the City, pursuant to which Sunrise shall be reimbursed for the cost of the improvements when the adjacent land to the west is developed. The Eldorado Drive street section shall consist of 12-foot parkways on both sides, 34 feet of driving lanes in each direction and an 18-foot landscaped median. In addition to the landscaping of the 12-foot parkway, Sunrise shall also landscape 8 feet outside its perimeter wall, for a total of 20 feet of landscaped perimeter on the eastern side of Eldorado Drive. 7.4.3 Oasis club Drive (Eastern Perimeter of the Property) . The western half of a 100-foot right of way shall be dedicated and improved to include a 12-foot landscaped parkway, 32-foot driving lanes and a 12-foot painted center median. -6- 7 .4 . 4 Country Club Drive (Northern Perimeter of the Property) . Sunrise has fully improved the southern half of Country Club Drive, adjacent to the Property. The 12-foot parkway shall be landscaped, along with an additional 18 feet outside the Project's north perimeter wall, for a total of 30 feet of landscaped perimeter on Country Club Drive. 7. 4.5 Sidewalks. Six-foot wide concrete sidewalks shall be constructed on all four perimeters of the Property. 7.4 . 6 Traffic Signals. The existing three-way signal on Country Club Drive at the main entry to the Project shall be converted to a four-way signal. Sunrise shall also pay one-fourth the cost of a traffic signal at Eldorado Drive and Avenue 42 . 8.0 Ci.ty's Obligations. 8. 1 Development in Accordance with Existing Approvals. To the fullest extent of the City's authority and jurisdiction, Sunrise shall have a vested right to design, construct, operate and maintain the Project in accordance with the Development Plan, Existing Approvals and the terms of the rules, regulations, and ordinances of the City in effect as of the Date of Enactment of this Agreement ("Local Rules") . The City shall not impose, or seek to impose, any additional requirements, exactions, fees or payments, or dedication or reservation requirements other than those expressly required by the Existing Approvals. 8.2 Timely Application and Processing. The City hereby acknowledges that the timely development of the Project will benefit the public health, safety, and welfare. In recognition of this, the City and Sunrise agree to cooperate in the expeditious processing and review of all applications for further approvals required by the Project. The City shall not impose any exaction or restriction which would delay, interfere with or impede the commencement or rate of design, construction, development or operation of the Project or any component thereof as contemplated by the Development Plan. 8.3 Exemption From Construction MnratOr;111f1. The City I specifically agrees and acknowledges that the Project is exempt from the construction moratorium adopted by the City on or about April 26, 1990, as set forth in Ordinance No. 602, and from any extensions to the construction moratorium which the City may adopt in the future. -7- 8 . 4 Review of Subsequent Applications. The Project, including subsequent applications for approvals necessary for the development of the Project in accordance with the Development Plan, shall not be subject to any changes in the Local Rules or new Local Rules adopted subsequent to the Date of Enactment, which would interfere or conflict with the development of the Project for the uses and to the height, design standards, density and intensity of use specified in the Development . Plan, or with the rate of development of the Project, or which would otherwise conflict with this Agreement or the Development Plan. The City shall promptly issue any permits which may be required to implement the Development Plan, provided that Sunrise is in compliance with this Agreement and the Local Rules in effect as of the Date of Enactment. 8. 5 other Governmental Permits. Sunrise may apply for such other permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Project as may be required for the development, design, construction, or operation of the Project in accordance with the Development Plan. The City shall cooperate with Sunrise in its efforts to obtain such permits and approvals and shall assist in expediting LAFCO processing of the annexation of the Property. 8.6 cooperation in Formation of CFDs. In addition to the Cook Street CFD described in Section 7.2, the City and Sunrise intend to consider the formation of one or more CFDs which will include the Property, or a portion thereof, within their boundaries for the purpose of financing various off-site improvements. The City shall use its best efforts to cooperate with Sunrise in the formation and establishment such CFDs; provided, however, that nothing herein shall prevent Sunrise in its sole discretion from voting against the formation of any CFD, with the exception of the Cook Street CFD. 9.0 Limitations Reservations and Exceptions. 9.1 Reservations of Authority. Notwithstanding anything to the contrary set forth in Section 8. 0 hereinabove, in addition to the Local Rules, only the following land use regulations adopted by the City within this Section 9.0 shall apply to and govern the development of the Property. 9.2 Future Regulations. Nothing herein shall prevent the City, in subsequent discretionary approvals for the the Project, from applying new rules, regulations, or ordinances -8- (1) not inconsistent or in conflict with the Local Rules or with the purposes and conditions of this Agreement, and (2) which do not interfere or conflict with the height, density or intensity set forth in the Development Plan or with the rate of development selected by Sunrise. New Local Rules also may be applied with the written consent of Sunrise. 9. 3 State and Federal Laws and Regulations. The Project shall be subject to existing and future state and federal laws and regulations, together with any City land use regulations, programs and actions, or inaction, which are reasonably (taking into consideration, among other things, the assurances provided to Sunrise hereunder) adopted or undertaken by the City in order to comply with state and federal laws and regulations; provided, that in the event that state or federal laws and regulations prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended as may be necessary to comply with such state and federal laws and regulations. In such event, this Agreement shall remain in full force and effect to the extent that it is not inconsistent with such laws and regulations and that performance of the remaining provisions would not be inconsistent with the intent and purposes of this Agreement. 9.4 Full Extent of Law. The parties acknowledge and agree that the City is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to the City all of its police power which cannot be so limited. lo. 0 Periodic Review of Compliance. lo.1 planning Commission Review. The Planning Commission, at a public hearing, shall conduct a compliance review of this Agreement within twelve months from the Date of Enactment, and annually thereafter. At least one week prior to the Planning Commission compliance hearing, Sunrise shall submit a letter to the Planning Commission, demonstrating its good faith compliance with this Agreement. If the Planning Commission finds that Sunrise has demonstrated good faith compliance with this Agreement, the annual review shall be deemed concluded. 10.2 Appeal to City Council. If the Planning Commission finds and determines on the basis of substantial evidence that Sunrise has not complied in good faith with this Agreement, the Planning Commission shall (1) specify actions to be taken to cure the default under the Agreement, (2) propose -9- the modification of the Agreement, or (3) propose the termination of the Agreement. Sunrise shall have the right to appeal any portion of any such action to the City Council within thirty days of the date of the Planning Commission action. 10. 3 City Council Action. Upon appeal by Sunrise pursuant to Section 10.2 herein, the City Council shall conduct a de novo hearing to determine whether Sunrise is in good faith compliance with this Agreement. If the City Council determines that Sunrise is in good faith compliance, the annual review process shall be deemed completed. If the City Council finds that Sunrise has not complied in good faith with this agreement, it shall (1) specify actions to be taken to cure the default under the Agreement, (2) modify the Agreement, or (3) terminate the Agreement. 11.0 Term. This Agreement shall commence on the Effective Date and shall continue in effect for twenty years from the Effective Date. This term is intended to provide sufficient time for the full repayment of the bonds to be issued by the CFD referred to in Section 7.2 , or of any other debt obligations incurred in lieu of such bonds. If the parties determine that a longer period is necessary to achieve the purpose stated herein, the term of this Agreement may be extended by the further written agreement of the parties in accordance with Section 12. 3 . 12. 0 Amendment. 12.1 Initiation of Amendment. Either party may propose an amendment to this Agreement. Except as otherwise provided herein, cancellation or amendment shall follow the notice and hearing requirements established by applicable law for the consideration of development agreements. 12.2 Insubstantial Deviations from Development Plan. Any insubstantial deviation from the Development Plan with . respect to the location, size, or height of structures, streets, and other physical facilities, as determined by the Director of Planning, may be approved by the person or body with authority to approve the plans for such facilities without amendment of this Agreement. Insubstantial deviations shall include, without limitation, the introduction of different housing product types and the replotting of the locations of houses, so long as the overall density of development is not increased. -10- 12 . 3 Amendments Not in Conflict With Purposes of This Agreement. Any amendment to this Agreement which does not relate to permitted uses, density or intensity of use, height or size of buildings, provisions for reservation of land, conditions, restrictions and requirements relating to subsequent discretionary approvals, rate of development, or the term of the Agreement shall not require a public hearing before the parties may execute the amendment. 13.0 Partial Invalidity. If any material provision of this Agreement is determined to be void, invalid, or illegal by a final judgment of a court of competent jurisdiction, the parties may (1) amend this Agreement pursuant to the procedures set forth herein, or (2) by mutual agreement of the parties, terminate the Agreement. 14 . 0 Enforceability. It is acknowledged and agreed by the parties hereto that any assurances provided to Sunrise with respect to the imposition of additional exactions, regulations, or restrictions affecting permitted uses, intensity of use, density, height, or the rate of development of the Project are (1) intended to be relied upon by Sunrise; (b) made in exchange for valuable and adequate consideration provided by Sunrise in the form of covenants and commitments as set forth in this Agreement; and (c) made with the understanding that such assurances will not be amended, changed, or increased except as provided herein. 15.0 Remedies. 15.1 Specific Performance. The parties agree and understand that a breach of this Agreement may result in irreparable harm to the non-breaching party, and that specific performance of this Agreement is a proper and desirable remedy. 15.2 Withdrawal. In the event that Sunrise is unable to construct and operate the Project in a manner set forth in the Development Plan and this Agreement as a consequence of (a) this Agreement or any portion hereof being determined to be invalid or unenforceable, (b) the imposition of any exaction, restriction, or change in the Local Rules not specifically provided for in this Agreement, or (c) Sunrise reasonably determining that the Project, despite good faith efforts, is economically infeasible, in addition to any other remedy which it might possess, Sunrise shall have the right upon written -11- notice to the City to withdraw from this Agreement and thereafter to be released from any and all further liabilities or obligations hereunder. Sunrise's notice to the City that it is withdrawing from this Agreement shall constitute a waiver of Sunrise's rights hereunder and any new project shall be subject to City review according to the rules and regulations in existence at that time. 16. 0 Mortgagee Protection. No breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any deed of trust or mortgage made in good faith and for value, and no holder of a deed of trust or mortgage ("Mortgagee") shall have an obligation or duty under this Agreement to perform Sunrise's obligations or to guarantee such performance. Notwithstanding the foregoing, any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof, by a Mortgagee (whether under or pursuant to a mortgage, foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise) , shall be subject to all of the terms and conditions contained in this Agreement. 17.0 ;ti cnni l w*+pous Provisions. 17. 1 Incorporation of Exhibits. Exhibits A and B, attached hereto, are incorporated herein by this reference. 17.2 No Agency Created. It is understood and agreed to by the parties that the Project is a private development, that neither party is acting as the agent of the other in any respect and that no partnership, joint venture or other association of any kind is formed by this Agreement. 17.3 Force Maieure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond such party's control, government regulations, court actions (such as restraining orders or injunctions) or other causes beyond such party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder shall be extended by the period of time that such events prevented such performance, provided that the terms of this Agreement shall not be extended for a period which would cause this Agreement or provisions hereof to be void as violating the rule against perpetuities. -12- 17.4 No Third Party Beneficiaries. This Agreement is entered into for the sole protection and benefit of the parties and their successors and assigns. No third-party beneficiaries are created by this Agreement. 17 .5 Assignment. This Agreement shall not be assigned or otherwise transferred without the prior written consent of the City; provided, however, that such approval shall not be unreasonably withheld. This Agreement shall benefit and bind all subsequent transferees. Express assumption of any of the obligations hereunder by any transferee permitted by this paragraph shall relieve the transferor from any assumed obligation. 17.6 Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement. 17.7 Recitals. The recitals to this Agreement constitute part of this Agreement. Each party shall be entitled to rely on the truth and accuracy of each recital as an inducement to enter into this Agreement. 17.s Further Actions and Instruments. Upon the request of either party, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments or writings, including estoppel certificates, and take any actions that may be reasonably necessary finder the terms of this Agreement to carry out the intent, fulfill the provisions, and evidence or consummate the transactions contemplated by this Agreement. 17.9 Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent certified mail, postage prepaid and addressed as follows: To City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: To Sunrise: Sunrise Desert Partners 42-600 Cook Street, Suite 200 Palm Desert, California 92260 Attn: Phillip K. Smith, Jr. -13- with a copy to: Nossaman, Guthner, Knox & Elliott 650 Town Center Drive, Suite 1250 Costa Mesa, California 92626 Attn: Jean O. Melious, Esq. Any notice given as required herein shall be deemed given seventy-two hours after deposit in the United States mail or upon receipt. A party may change its address for notices by giving notice in writing to the other party as required herein. 17. 10 Construction of Aareement. The captions in this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. This Agreement shall be governed by the laws of the State of California. 17 . 11 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth below, as of the day and year first above written. Date: "City" CITY OF PALM DESERT By Its Date: "Sunrise" SUNRISE DESERT PARTNERS By Sunrise Corporation Its General Partner By Its -14- Date: APPROVED AS TO FORM: City Attorney City of Palm Desert -15- EXHIBIT A Property Description Indian Ridge Country Club All of Section 11, T5S, SBBM -16- EXHIBIT B Development Plan 1. Pitted Uses of the Property Housing, including single family detached one- and two-story homes and attached homes containing from two to six units per building; Two eighteen-hole golf courses and ancillary facilities, including but not limited to maintenance facilities, half-way houses with snack shops and rest rooms; Entry complexes; sales, resales and rentals building; A clubhouse, including golf, tennis and health spa facilities, dining rooms, freestanding grill room/snack shop, lounges, banquet and meeting rooms, go.1f pro shops, a tennis and spa pro shop, at least fourteen tennis courts (seven night-lighted) , four night-lighted paddle tennis courts, two night-lighted croquet courts, swimming pools, locker room facilities, child care center and teen activity room. The power source for the building may consist of a cogeneration facility. 2 . Maximum Heights of Buildings The maximum height of residential buildings will be 30 feet. The maximum height of the clubhouse will be 60 feet. The maximum height of ancillary golf facilities (including golf maintenance facilities, half-way houses with snack shops and rest rooms) will be 30 feet. The maximum height of entry complexes wil be 30 feet. The maximum height of the sales, resales and rentals building will be 30 feet. -17- 3 . Density and Intensity of Use: Maximum Size of Buildings Residential: No more than 1, 500 homes shall be constructed. This constitutes a density of approximately 2 . 35 units per acre. Homes shall range in size from 1, 300 to 4, 000 square feet. Clubhouse: The clubhouse shall not exceed 125,000 square feet in size. The freestanding grill room/snack shop shall not exceed 5,000 square feet. Ancillary golf facilities, including golf maintenance facilities, half-way houses with snack shops and rest rooms, shall not exceed 40,000 square feet. Entry complexes shall not exceed 7,500 square feet. The sales, resales and rentals building shall not exceed 5,000 square feet. 381/jon -18- M E M O R A N D U M TO: DJE FROM: KLA DATE: September 24 , 1990 . RE: INDIAN RIDGE PREANNEXATION & DEVELOPMENT AGREEMENT (SUNRISE) We have reviewed the proposed Agreement and comment as follows: 1. Section 7 . 1 purports to list all development fees to be payable to the City. We question whether this list is complete - for example, is Sunrise not to pay signalization or drainage fees? We suggest that language be added to this section:"Sunrise will pay all other fees which are imposed as conditions of approvals for the Project" . 2 . Section 7 . 2 notes that the property will participate in a proposed Community Facilities District (CFD) for improvements on Cook Street. This section fixes the maximum obligation which would be imposed on Sunrise by the CFD. This provision may be subject to attack. A CFD fee must reflect each member 's fair share obligation. It is inappropriate to cap the amount that may be imposed on the property unless that amount has been determined to be the property' s "fair share" obligation. If the capped amount has been determined to be the fair share then language reflecting such determination should be added to this section. KU 1145 -1- Otherwise, fixing a maximum obligation may be inappropriate. Additionally, even if the City has conducted studies and has determined the proximate total cost and Sunrise' s "fair share" , the City may want to allow a method for reevaluating the appropriate fair share amount if it is later determined that the actual total cost will exceed the estimated cost. 3 . Section 7 . 2 also provides that the CFD obligation will be credited towards the TUMF obligation. The City may not agree to let a developer construct or pay for improvements in lieu of paying a transportation mitigation fee. Neither may the City earmark where the TUMF monies will be spent. The developer must contract with CVAG with respect to fee credits. The City may agree to consent to (or to not object to) Sunrise entering into a fee credit contract with CVAG. This section should be revised accordingly. 4 . Section 7 . 4 . 6 requires Sunrise to convert an existing traffic signal and to pay one-fourth of the cost of installation of a new traffic signal. Does the City intend that these requirements be in lieu of or credited against a traffic signalization fee? 5. Section 8 . 1 - the last sentence should be revised as follows: "The City shall not impose, or seek to impose, any additional requirements, exactions, fees, or payments, or dedication requirements except those expressly set forth in the Reservations of Authority" . 6. We suggest deleting the last sentence of Section 8 . 2 . KLA 1145 -2- 7 . With respect to Section 8 . 3 , if this property is subject to the construction moratorium re drainage, then we suggest amending Section 7 . 3 to reflect that Sunrise will pay those fees allocable to regional drainage improvements, which amount will be determined in the pending drainage study. 8 . Section 8 . 4 - the end of the first sentence should read as follows: " . . . or the Development Plan, except as otherwise provided by this Agreement, including the Reservations of Authority" . 9 . Section 9 . 1 should be revised to read: 119 . 1 Reservations of Authority . Notwithstanding any other provision of this Agreement, the following rules, regulations and ordinances of the City which may come into effect after the Date of Enactment of this Agreement shall apply to the development of the Property. A. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. B. Changes in regulations governing construction standards and specifications after the effective date of this agreement which are required by changes in state or federal law or federal laws or regulations, or by changes in the uniform building code, plumbing code, mechanical code, electrical code, fire code and grading code. C. Processing fees and charges of every kind and nature imposed by City, on a uniform city-wide basis at the time such fees are due, to cover the estimated actual costs to City of processing applications for development approvals or for monitoring compliance with any development approvals granted or issued. KLA1145 -3- D. Regulations which may be in conflict with the development plan, but which are reasonably necessary to protect the public health and safety, to the extent possible, any such regulation shall be applied and construed so as to provide Sunrise with the rights and assurances provided under this Agreement. E. Regulations which Sunrise has given written consent to the application of such regulations to development of the property. 10. Section 10 . 0 sets forth a procedure with respect to periodic review for Sunrise ' s compliance with the terms of the development agreement. Sunrise' s procedure is not in accordance with the procedure adopted by the City of Palm Desert in that the Municipal Code S 25 . 37 . 070 requires review every six months - not annually. We further suggest deletion of the term "de novo" in Section 10. 3 . 11. Section 11. 0 with respect to the term of the Agreement: We recommend a shorter term of five years. 12 . We recommend adding to the last sentence in Section 12 . 2 the following: " . . . of this Agreement in accordance with City Policy" , and deleting the last sentence of this Section. 13 . We recommend deleting Section 12 . 3 from the Agreement. Government Code Section 65868 requires that before a development agreement may be amended or canceled in whole or in part, that notice be given by the manner provided in S 65867. Section 65867 requires a public hearing and refers to SS 65090 and 65091 which sections also call for public hearings. Additionally, Municipal Code S 25. 37 . 040 requires a public hearing. Thus, it appears KLA 1145 -4- inappropriate to allow any amendment to escape the requirements of a public hearing. 14 . Section 15. 2 allows Sunrise to withdraw from this development agreement upon notice without any further obligations or penalties. However, Municipal Code § 25. 37. 110 requires that if a developer does not comply with the terms and conditions of a development agreement, then the zoning shall revert to the zoning which existed prior to the development. Thus, Section 15. 2 as it currently reads conflicts with the Municipal Code. 15. Page 14 the Agreement should have an attestation clause for the City Clerk. 16. We would prefer, for easier reference, a Table of Contents. 17 . It is advisable to include a provision with respect to the timing of the commencement and completion of construction. 18 . It is advisable to include a hold harmless provision in substantially the following form: "Hold Harmless. Sunrise agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of Sunrise or those of its contractor, subcontractor, agent, employee or other person acting on its behalf which relate to the Project. Sunrise agrees to and shall defend City and its officers agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Sunrise' 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 KLat 145 -5- 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. Sunrise further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action challenging the validity of this Agreement. " 19 . It is advisable to include a provision for reimbursement of costs: "Reimbursement of Costs. Sunrise shall pay to City its direct costs associated with entering into this Agreement. Said costs shall be paid prior to issuance of final approvals. " 20. We note that the Exhibit B, Development Plan, states that the project may consist of a cogeneration facility. Such facility as well as any other proposed use should be considered in the environmental assessment. KLA1145 -6- INTEROFFICE MEMORANDUM TO: Department of Community Development/Planning Attention: Steve Smith FROM: Richard J. Folkers, Asst . Citv Manager/Public Works Director SUBJECT: VESTING TENTATIVE TRACT MAP NO. 26123; SUNRISE COMPANY DATE: October 3, 1990 The following should be considered conditions of approval for the above- referenced project : (1) The project shall be designed to retain drainage from a 100-year storm on- site. Drainage fees for the construction of regional drainage improvements which would be necessary regardless of the on-site drainage retention shall be paid prior to the recordation of the final map. The amount of these fees shall be based upon the Citv of Palm Desert Master Drainage Plan prepared by NBS\Lowery upon its adoption by the Palm Desert City Council . (2) Any drainage/retention area facilities 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. (3) Rights-of-wag/easements as may be necessary for the construction of local/regional flood control facilities shall be provided on the parcel map. (4) Signalization fees, in accordance with Citv of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to approval and recordation of the parcel map. Applicant shall provide for the conversion of the existing three-way traffic signal on Country Club Drive at the main project entry to a four-way configuration and pav one-fourth the cost of traffic signal installation at the intersections of Country Club Drive and Oasis Club Drive, 42nd Avenue and Oasis Club Drive, and E1 Dorado Drive and 42nd Avenue. (5) As required under Palm Desert Municipal Code Section 1_6 .38, 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 an} 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 recordation of the final map. (6) 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. Minimum improvements shall include, but not be limited to the following: Country Club Drive: Construction of a deceleration/acceleration lane for main entry. Construction of an 8 foot wide meandering sidewalk. * Installation of perimeter landscaping as approved by the City of Palm Desert . Oasis Club Drive: * Construction of curb and gutter and AC paving at 38 feet from centerline. Construction of an 6 foot wide sidewalk. Installation of perimeter landscaping as approved by the City of Palm Desert . El Dorado Drive: Construction of curb and gutter and AC paving at 43 feet from centerline. Construction of a deceleration lane at the maintenance area entry and Couutr_v Club Drive intersection. Construction of one-half of a raised, landscaped median island. Construction of an 8 foot wide meandering sidewalk. Installation of perimeter landscaping as approved by the City of Palm Desert . 42nd Avenue Construction of curb and gutter and AC paving at 38 feet from centerline. * Construction of a 6 foot wide sidewalk. * Construction of one-half of a raised, landscaped median island in the roadway section where no improvements currently exist and construction of a full raised, landscaped median island in the roadway section where improvements currently exist south of centerline. Installation of perimeter landscaping as approved by the Citv of Palm Desert . Interior Streets: Improvements as shown on the tentative map. In addition to the above noted items, those traffic mitigation measures identified in the project Traffic Impact Analysis prepared by Weston. Pringle and Associates shall be provided. The subject report and proposed mitigation measures shall be approved by the Public Works Department. (7) 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. (8) Traffic safety striping on Country Club Drive, Oasis Club Drive, 42nd Avenue, El Dorado Drive and all interior streets shall be provided to the specifications of the Director of Public Works and shall include the use of approved thermoplastic paint and raised pavement markers . A traffic control plan must be submitted to, and approved by, the Director of Public Works prior to the issuance of any permits associated with this project or placement of any pavement markings. (9) Developer shall participate in the proposed City of Palm Desert Mello- Roos Community Facilities District (Cook Street Improvements) to the extent determined by the "Special Tax Report" to be filed in connection with the proceedings of the City of Palm Desert, in the Office of the City Clerk of the City of Palm Desert . The maximum obligation associated with this project shall be $1 ,687,712 .00. Developer shall further post security satisfactory to the Citv of Palm Desert , in the amount of S1,687,712.00 to guarantee such participation in the subject Community Facilities District . All security posted pursuant to this condition shall be released by the City of Palm Desert, upon notification from the Citv of Palm Desert that said Community Facilities District has been finally formed and all applicable statutes of limitation for challenging the formation of said Communitv Facilities District have expired. If the proceedings for the formation of the subject Community Facilities District are abandoned, or otherwise terminated, the security shall be called upon, or the cash equivalent shall be provided by the Developer, and said monies shall be used to defray the costs of constructing the projects contemplated by the formation of said Community Facilities District. Cash may be posted in lieu of any such security. (10) Landscaping maintenance on the property frontages shall be provided by the property owner and/or property owners association. (11) In accordance with Palm Desert Municipal Code Section 26. 14, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. (12) Complete tract map shall be submitted as required by ordinance to the Director of Public Works for checking and approval before issuance of any permits. (13) 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 . (14) Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. (15) Waiver of access to Country Club Drive, E1 Dorado Drive, 42nd Avenue and Oasis Club Drive, except at approved locations, shall be granted on the final map. (16) rransportation Uniform Mitigation Fees (TIIMF') associated with this project shall L„ rl ...I n•la ln,ll III,, r'II V .f I'.Illu I M"I lip Ir , 1 1'i uuunnit t n' I III II•:1 111 :01i "I (( 41"1, tll trt•I . I;IIIIIIH'I rll•dll s l I1,111 b,. subject to the approval of the Coachella Valley Association of Governments (CVAG) . (17) Half street right-of-way at fifty-five feet on Country Club Drive, fifty- five feet on El Dorado Drive, fifty feet on 42nd Avenue and fifty feet no Oasis Club Drive offered for dedicated on the final map. ( IFl) Illquvweuuvll plane Inr Wdlel +old newor nynlenitt :Ih.111 be approved by Ihl respective service districts with "as-built" plans submitted to the Department of Public Works prior to project final . (19) An required by the Palm De!lert Municipal Codo, all existing overhead utilities shall be placed underground per each utility districts reeomulendat.ion . ff determined to be unfeasible, the applicant. shall submit to the city, in a form acceptable to the City Attorney, surety in an amount equal to the estimated construction cost for the subject undergrounding. (20) A complete preliminary soils investigation, prepared by a registered soils engineer, shall be submitted to and approved by the Public Works Department prior/to the issuance of any permits. L2��^�_f RIC ARD J. OLKERS, P.E. (otlaos1at25127.cod) INDIAN RIDGE COUNTRY CLUB OCOTILLO LOT OWNERSHIP AND CONFIGURATION: CONDOMINIUM BUILDING TYPE: FOURPLEX, STACKED FLATS LOT SIZE: 93' X 130' SETBACKS: FRONT YARD - 10' TO FACE OF BUILDING SIDE YARD - 716" NUMBER OF STORIES: TWO HEIGHT OF BUILDINGS: 26'+/- SQUARE FOOTAGE RANGE: 1,315 - 1,750 NUMBER OF BEDROOMS/NUMBER OF BATHS: 2 OR 3/ 2 OR 3 GARAGE: TWO-CAR, SIDE-LOADED ROOF PITCH: 4:12 ARCHITECTURAL STYLE: CRAFTSMAN EXTERIOR MATERIALS: ROOF - FIAT CLAY OR CONCRETE TILE WALLS - STUCCO (SAND FINISH) FASCIA - WOOD WINDOWS - METAL WROUGHT IRON RAILING AND DETAILS GARAGE DOORS - ROLL-UP COLORS: SEE COLOR BOARD -NDIAN RIDGE COUNTRY �_�UB PALO VERDE LOT OWNERSHIP AND CONFIGURATION: CONDOMINIUM BUILDING TYPE: DUPLEX LOT SIZE: 83' X 130' SETBACKS: FRONT YARD - 22' TO FACE OF GARAGE SIDE YARD - 7'3" TO 10' NUMBER OF STORIES: ONE HEIGHT OF BUILDINGS: 22'+/- SQUARE FOOTAGE RANGE: 1,795 . 2444 NUMBER OF BEDRMS/NUMBER OF BATHS: 2 PLUS DEN OR 3/2 OR 3 GARAGE: TWO-CAR, FRONT-LOADED ROOF PITCH: 4:12 ARCHITECTURAL STYLE: MEDITERRANEAN EXTERIOR MATERIALS: ROOF - CLAY S-TILE WALLS - STUCCO (SAND FINISH) FASCIA - TIGHT STUCCO AND EXPOSED RAFTER TAILS WINDOWS - METAL GARAGE DOORS - ROLL-UP COLORS: SEE COLOR BOARD INDIAN RIDGE COUNTRY CLUB SMOKE TREE LOT OWNERSHIP AND CONFIGURATION: CONDOMINIUM, Z-LOT BUILDING 'TYPE: SINGLE FAMILY LOT SIZE: 50' X 130' SETBACKS: FRONT YARD - 22, TO FACE OF GARAGE SIDE YARD - Z-LOT WITH 10' TO 15'6" NUMBER OF STORIES: ONE AND TWO HEIGHT OF BUILDINGS: SINGLE STORY TWO STORY - 23'0" +/- SQUARE FOOTAGE RANGE: 2,324 - 3,215 NUMBER OF BEDROOMS/NUMBER OF BATHS: 2 + DEN OR 3/3 OR 3% GARAGE: TWO CAR, FRONT LOADED ROOF PITCH: 5:12 ARCHITECTURAL STYLE: CRAFTSMAN EXTERIOR MATERIALS: ROOF - FLAT CLAY OR CONCRETE TILE WALLS . STUCCO (SAND FINISH) FASCIA . WOOD WINDOWS - METAL WROUGHT IRON RAILS GARAGE DOORS - ROLL-UP COLORS: SEE COLOR BOARD WDIAN RIDGE COUNTRY C_JB MESQUITE LOT OWNERSHIP AND CONFIGURATION: CONDOMINIUM BUILDING TYPE: SINGLE FAMILY LOT SIZE: 75' X 130' SETBACKS: FRONT YARD - 22' TO FACE OF GARAGE SIDE YARD - 15' TO 16' NUMBER OF STORIES: ONE HEIGHT OF BUILDINGS: 24'+/- SQUARE FOOTAGE RANGE: 3,050 - 3,690 NUMBER OF BEDROOMS/NUMBER OF BATHS: 2 OR 3 PLUS DEN OR LIBRARY/ 3% GARAGE: TWO-CAR PLUS GOLF CART, FRONT AND SIDE-LOADED ROOF PITCH: 5:12 ARCHITECTURAL STYLE: MEDITERRANEAN EXTERIOR MATERIALS: ROOF - CLAY S-TILE WALLS - STUCCO (SAND FINISH) FASCIA - TIGHT STUCCO AND EXPOSED RAFTER TAILS WINDOWS-WOOD AT COURTYARDS;METAL ON SIDE AND REAR YARDS WROUGHT IRON RAILING AND DETAILS GARAGE DOORS - ROLL-UP COLORS: SEE COLOR BOARD o 4 M I x I 1 y I �'' q I [['E]MX - q I q I 4 Y � I ° 4 1 L —y— _�_ a I M ° a I ° 4' a 9 _ I ° N q Co I c o e q TYPICAL SETBACKS ��f�•l�¢� � , l 790 REPORT E-5 RIVERSIDE COUNTY POPULATION AND HOUSING ESTIMATES CA. DEPARTMENT OF FINANCE PAGE 37 JANUARY 1, 1990 DEMOGRAPHIC RESEARCH UNIT PRINTED 04/26/90 CONTROLLED ------- POPULATION ------- ----------------------------- HOUSING UNITS ----------------------------- PERSON PER HOUSE- GROUP - SINGLE FAMILY - - MULTI-FAMILY - MOBILE OCCU- % HOUSE- CITY TOTAL HOLD QUARTER TOTAL DETACHED ATTACHED 2 TO 4 5 PLUS HOMES PIED VACANT HOLD BANNING 20973 20656 317 8703 5806 397 344 990 1166 7784 10.56 2.654 ------------------------------------------------------------------------------------------------------------------------------------ BEAUMONT 9968 9827 141 3852 2317 139 285 754 357 3548 7.89 2.770 ------------------------------------------------------------------------------------------------------------------------------------ BLYTHE 8413 8216 197 2688 1978 73 241 529 67 2689 6.89 3.055 ------------------------------------------------------------------------------------------------------------------------------"'--- CATHEDRAL CITY 31753 31748 5 13764 6366 1918 1762 1116 2602 11302 17.89 2.809 ------------------------------------------------------------------------------------------------------------------------------------ COACHELLA 14969 14929 40 3514 1869 238 523 532 352 3356 4.50 4.448 -----------------------------------------—-------------------------------------________--------'- ------------------ CORONA 69980 G95GG 414 24310 15528 1356 1409 5098 919 22449 7.66 3.099 ------------------------------------------------------------------------------------------------------------------------------------ SERT HOT SPRINGS 11221 11133 88 5488 2906 121 872 1262 327 4597 16.24 2.422 ___---_---------------------------------------------------------------------------------------------------------------------------- HEMET 35660 34778 882 19180 8591 1474 1538 3029 4548 17266 9.98 2.014 ------------------------------------------------------------------------------------------------------------------------------------ INDIAN WELLS 2720 2720 0 3317 1598 736 639 339 5 1192 64.06 2.282 -----------------------------------------------------------------------------------------------------------------------------_-_----- INOIO 36003 35839 164 14198 5540 599 1080 4890 2089 11387 19.80 3. 147 ------------------------------------------------------------------------------------------------------------------------------------ LAKE ELSINORE 15971 15969 2 6644 3618 268 842 1509 407 5742 13.58 2.781 ------------------------------------------------------------------------------------------------------------------ _-- LA OUINTA 11827 11827 0 5950 3775 1323 138 482 232 3915 34.20 3.021 ------------------------------------------------------------------------------------------------------------------------------------ MORENO VALLEY 114903 114884 19 36344 30834 499 1098 2727 1186 34974 3.77 3.285 ------------------------------------------------------------------------------------------------------------------------------------ NORCO 25342 20534 4808 5919 5622 60 84 113 40 5741 3.01 3.577 --------------------------------------------------------------------- __----_-----_-___--____-________-___--------------__--- PALM DESERT - 20659 20309 -350 -- 17305 6082 6377 1639 2353 854 8834 48_95 2.299 ------------------------ ------ PALM SPRINGS 32083 31582 501 29239 9773 4922 2453 10590 1501 14570 50. 17 2. 168 ------------------------------------------------------------------------------------------------------------------------------------ PERRIS 18884 18786 98 7034 4166 125 229 976 1538 6384 9.24 2.943 __ ____-_-----__.------------------------------------------------------------------------------------------ ,NCHO MIRAGE 9268 9257 11 9382 2929 4694 512 471 776 4180 55.45 2.215 ------------------------------------------------------------------------------------------------------------------------------------ RIVERSIDE 218499 2145IG 3983 78567 49346 3177 5165 18985 1894 75665 3.69 2.835 ----------------------------------------------------------------------------------------------------------------------------------- SAN JACINTO 15310 15067 243 6562 2808 636 763 426 1929 5992 8.69 2.515 aw♦wssssssasa�aaraasarrsssaawarwawarrrrar r-arrsaaasaaaraararrraassaas•assaasaaarrasarraaaraaaaasau rtararra aaa arararrasssaaarr assaaaa TOTAL INCORPORATED 724406 712143 12263 302160 171452 29132 21616 57171 22789 251567 16.74 2.831 ♦ssrasra uaarwssaswasrrsassaaww ww rrrarrra a wrrarwrssaaaasaawwrrrarsaaswraarsaasssrswswwwwwa�rrarsassaassaasasaawasssaarwwssassaas rsr January 10. 1986 CITY OF PALM DESERT POPULATION PROJECTIONS 1965 - 2010 The following projections are based upon a synthesis of SCAG 1982 forecasts. Riverside County Population Unit Projections and Palm Desert Planning Staff Insight as to the pace of development, the relationship between permanent resident oriented projects versus resort projects, the growth of high employ- ment industries and future annexation. Permanent Peak Seasonal Resident Residents Max. Total Housing Employment 1985 15,000 10,000 25.000 13,429 6.200 1990• 21 ,000 16.000 37,000 20,000 13,000 1995 25.000 18,000 43,000 22.000 14,500 2000 27,000 20.000 47,000 24.000 16.000 2010 32.000 24.000 56,000 28,000 19.000 PHILIP RELL, Associate Planner /dlg Large increases partly a result of extensive annexations east of Cook Street, north of 42nd Avenue. r POPULATION RESEARCH UNIT DEPARTMENT Of FINANCE SUMMARY REPORT STATE OF CALIFORNIA RIVERSIDE CONTROLLED COUNTY POPULATION ESTIMATES FOR 1-1-88 PACE 37 DATE PRINTED 04/29/88 ---------- POPULATION ----------- --------------------- HOUSING UNITS ---------------------- POP. PER HOUSE- MOBILE GROUP 5 OR MOBILE OCCU- HOUSE- CITY TOTAL HOLDS HOMES QUARTERS TOTAL SINGLE 2 TO 4 MORE HOMES PIED VACANT HOLD BANNING 17695 17724 1567 171 7420 5267 332 762 1039 6634 10.59 2.672 BEAUMONI 8530 8396 549 134 3398 2294 231 513 360 3056 10.06 2.74- ----------------------------------------------------------------------------------------------------------------------------------- BLYIHE 8065 7864 99 201 2710 - 1986 231 434 59 2540 6.27 3.096 CATHEDRAL CITY 26758 26753 2162 5 11954 6883 1518 1100 2453 9457 20.89 2.829 COACHELLA 14115 14075 746 40 3226 1980 479 526 241 3130 2.98 4.497 CORONA 52206 5IB26 1733 380 18229 12376 1283 3651 919 16654 8.64 3. 112 DESERT HOT SPRINGS 10383 10295 239 88 5136 2902 818 1132 284 4195 18. 32 2.454 HEMET 32068 31701 6633 367 17573 8831 1466 2901 4375 15693 10. 70 2.020 INDIAN WELLS 2443 2443 10 0 3061 2130 587 339 5 1056 65.50 2. 313 INDIO 33068 32841 3205 227 12792 5462 1086 4404 1840 10365 18.97 3. 168 ---------------------------------------------------------------------------------..--.----.---_.----_------------------------------- LAKE ELSINORE 12790 12788 617 2 5928 3333 820 1373 402 4705 20.63 2.718 --------------------------------------------------------------------------------------------------------- ---------- LA QUINTA 9274 9274 494 0 4486 3983 146 125 232 3102 30.85 2.990 MORENO VALLEY 90675 90656 2529 19 29345 25102 1078 1999 1166 27878 5.00 3.252 ------------------------------------------------------------------------------------------------------------------------------------ NORCO 24742 20494 84 4248 5831 5588 84 113 46 5651 3.09 3.62 PALM DESERT 16088 18077 958 11 15320 10841 1559 2088 832 7843 48.81 2.305 ------------------------------------------------------------------------------------------------------------------------------------ PALM SPRINGS 31919 31410 2345 509 28663 14328 2440 10385 1510 14365 49.88 2. 187 PERRIS 12380 12231 2732 149 4740 2591 1B9 716 1244 4150 12.45 2.947 RANCHO MIRAGE 8525 6514 1172 11 9014 7059 512 471 912 3895 56.79 2. 186 RIVERSIDE 206026 202539 3024 3467 75176 49855 5164 18266 1891 71920 4.33 2.816 ____________ __________`_______-------__-__-_----____-_-_---___-__.--_-------__-----_----------------------------------------------- SAN JACINTO 13195 12969 2789 226 5758 2811 726 420 1801 5221 9.33 2.484 wr•wwrwrwwwwwwrwrwrwwrwrwwwwwwwwwwwwwwrrwwwwwrwwwwwwwrwrrwrwrrwrrrrwwrwwwww�wwrwwwwwwwrwwwwwrwww rrwrrrrrrrwwrrrrrwrrww«««««•w•wr TOTAL INCORPORATED 633145 622870 33687 10275 269760 175602 20749 51738 21671 221510 17.89 2.812 rwrrww•wrrrrwrwrrrrwrrrrwwwwwwrwwwwwrrrrrrrrwwrw wswwrrw wrrrrrrrwwrrrrwwrrrrwrwwwrrrrrwrwrrrwrrrrr««r«rrwrr«wwwwrrwwrr•w«w«rwrww«rw UNINCORPORATED 312929 307900 65189 5029 140410 87076 4752 10499 38083 114191 18.61 2.696 CITY OF PALM DESERT DEPARTMENT OF 0OMY-MTY DEVELOPMENT STl,FF REPORT Tlx: Planning Commission DATE: October 16, 1990 continued to November 6, 1990 CASE NO.: Development Agreement RDQUEST: Approval of a draft preannexation and development agreement and negative declaration of environmental impact as it pertains thereto for a 1278 unit residential condominium development including two 18 hole golf courses, tennis facilities and related amenities on 637 acres located between Country Club Drive and 42nd Avenue and between El Dorado Drive and Oasis Club Drive, also described as Section 11, T5S R6E. APPLICANT: SUNRISE DESERT PARTNERS 46-200 Cook Street, Suite 200 Palm Desert, CA 92260 --------------------------------------------------------------------------- I. BAC3Q3FdXJAID: Commission will recall that at your October 16, 1990 meeting you reviewed and recommended approval to the city council of a vesting tentative map and precise plan of design for Indian Ridge Country Club. At that time the development agreement was not available so that part of the request was continued. The attorneys have been working on the agreement and have submitted it to staff. A copy of the current draft development agreement is attached hereto. II. RECZIMa�IDATION• That planning commission recommend to the city council approval of the draft preannexation and development agreement for Indian Ridge Country Club Exhibit "A" attached to the draft resolution. _. Prepared by: Reviewed and Approved by: SS/db 1 dmdN0= RECEIVED SUN USE DEC 11 1990 COMPANY tanMUDCny DE P DESE BEM RECEIVED December 10, 1990 D . � E COMMUOBy DFYELORMER7 0ER,1R7MEMi Clty OE PLkV DESERT Mr. Steve Smith Associate Planner Department of Community Development City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Calif. 92260 RE: Vesting Tentative Tract No. 26123 - Indian Ridge Country Club Dear Mr. Smith: This letter is in response to our discussion on Friday, December 7, 1990, regarding my letter to you dated December 4, 1990, with respect to the timing of the improvements to 42nd Avenue and Eldorado Drive. We will commit to the following schedule: 42nd Avenue: The earlier of the following two scenarios: I. Within eighteen (18) months of the issuance of a building permit for the first unit in the project, we will begin construction of half- width improvements (not including the landscaped median) to connect the existing southerly half-width improvements in front of the Oasis Country Club to the future intersection of Eldorado Drive and 42nd Avenue This construction will be completed within twenty-four (24) months of the issuance of the above referenced first building permit. If the improvements to 42nd Avenue westerly of the future intersection to the existing northerly half-width improvements (approximately 660 feet) have not been constructed at this time, Sunrise Company will install these improvements provided the City agrees to enter into a reimbursement agreement with Sunrise Company for the cost of these improvements. The specific configuration of these improvements will be approved by the Dept. of Public Works in order to provide a safe transition from the 42-600 Cook Street, Suite 200, Palm Desert, California 92260, Telephone (619) 568-2828 Builder of America's Finest Country Club Communities Mr. Steve Smith December 10, 1990 Page 2 improvements on the southerly half of the street to the improvements on the northerly half of the street. II. In the event that the developer of Tract No. 23940 (located on the northwest corner of 42nd Avenue and Eldorado Drive) begins construction of the 42nd Avenue improvements contiguous to his property, we will construct the above referenced improvements to 42nd Avenue adjacent to our project within twelve (12) months of his construction start date. Eldorado Drive: (a) Within six (6) months of the issuance of the grading permit for the project, improvements will be constructed on the. east half of the street from Country Club Drive to approximately 1, 000 feet southerly thereof, including landscaped median island. (b) Prior to the issuance of the 750th building permit for the project, the remaining improvements to the east half of the street will be constructed to connect southerly to 42nd Ave. If the improvements to the west half of the street have not been installed at this time, Sunrise Company will install these improvements provided the City agrees to enter into a reimbursement agreement with Sunrise Company for the cost of these improvements. We understand that upon the completion of the improvements to Eldorado Drive the City will install bike lanes (i.e. , pavement striping) on both the east and west sides of the street and will sign "No Parking" accordingly. We respectfully request that the above schedule be incorporated into Condition No. 5 of the Department of Public Works conditions as the traffic mitigation measures required by the project Traffic Impact Analysis prepared by Weston Pringle and Associates. Mr. Steve Smith December 10, 1990 Page 3 If you have any questions, or wish to discuss this further, please do not hesitate to contact me. Thank you for your cooperation in this matter. Sincerely, ( SIINRISE COMP Allan Levin Vice President, Engineering AL/sl cc: Phillip K. Smith - Executive Vice President, Sunrise Company ir(traf.ltr COPY 73.510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 December 10, 1990 Mr. Weston Pringle, President WESTON PRINGLE & ASSOCIATES 2651 E. Chapman Avenue, Suite 110 Fullerton, CA. 92631 Subject: INDIAN RIDGE TRAFFIC STUDY Dear Mr. Pringle: We have conducted a preliminary review of the subject study report and offer the following comments: A. OVERALL COMMENTS: 1. The section of Country Club Drive between El Dorado to Washington Street has a total of three travel lanes, two in the eastbound and in the westbound direction. 2. Hovley Lane is striped for four lanes from Cook Street to Beacon Hill. 3. No raised median currently exists on El Dorado Drive within the study area. 4. The Interstate 10 freeway continuing six travel lanes three in each direction between Monterey Avenue and Washington Street interchange. 5. The intersection of Varner Road with Washington south and Washington North, as well as Washington and off/on ramp from Interstate 10 should be analyzed based on the existing three or four-way stop control. The Highway Capacity Manual 1985 Edition provides guidelines for estimating the Level of Service for unsignalized intersection based on delay characteristics. 6. The analysis assumes a trip generation rate of 8.8 trips per day per residential unit. The proposed development meet the characteristics of recreational homes as identified on the ITE Trip Generation Handbook, Page 237. This will provide a trip rate of 3.16 per unit. Subject: INDIAN RIDGE TRAFFIC STUDY December 10, 1990 7. By using new trip generation rates, occupancy adjustment is no longer needed. Trip Generation Rates: Per Day 3.16 Trips/Hour A.M. Peak 0.65 Trips/Hour P.M. Peak 0.73 Trips/Hour B. COMMENTS ON PROPOSED IMPROVEMENTS: 1. VARNER/WASHINGTON - NORTH a) Explain operational characteristics of the proposed intersection improvement as relates to the lane arrangements. b) Identify the need for westbound on ramp widening to accommodate the proposed westbound dual left-turn. c) Verify the need for changing the southbound left from exclusive to left/optional left configuration. 2. VARNER/WASHINGTON - SOUTH a) Identify roadway widening needs including segment of Varner between Washington North and Washington South. b) Explain operational characteristics of the proposed northbound triple left-turn. 3. EASTBOUND INTERSTATE 10 OFF-RAMP/WASHINGTON a) Explain the proposed 1995 improvement on the eastbound ramp. b) Identify the bridge widening need over Interstate 10/Railroad to accommodate the proposed improvement. c) Clarify inconsistency between the proposed eastbound off-ramp improvement for 1995 and 2010. 4. COUNTRY CLUB/WASHINGTON a) Correct the existing condition layout to show southbound single left and through/right optional lane. b) Explain operational characteristics of the proposed 2010 improvements including eastbound triple left. Subject: INDIAN RIDGE TRAFFIC STUDY December 10, 1990 5. WASHINGTON/42ND AVENUE a) Correct the existing condition layout to show southbound exclusive left and our optional through/right lane, as well as northbound left and through/right optional lane. b) Explain inconsistency between the northbound and southbound lane arrangement at the intersection. 6. FRED WARING/WASHINGTON a) Correct the existing condition layout to show an exclusive eastbound left and a through/right optional lane. b) Explain inconsistency between Figure H5 and H6 for the southbound lane arrangements. 7. COUNTRY CLUB/COOK a) Explain operational characteristics of the 1995 for the eastbound lane arrangements. b) Explain operational characteristics of the proposed 2010 northbound triple left. 8. HOVLEY/COOK a) Correct inconsistency between the existing condition layout and the 1995 condition for the eastbound approach. 9. COUNTRY CLUB/EL DORADO a) Explain inconsistency in lane arrangement between the east and west- bound approaches. 10. OTHER COM ENTS ON THE INTERSECTION CAPACITY ANALYSIS a) The need for the Washington/Country Club intersection as well as the Washington/I-10 interchange is recognized to be a matter of regional issue and needs to be addressed in that context, recognizing the need to major design configuration improvement well beyond adding lanes to the intersections. Due to the intersection spacing constraints (for example between Country Club and eastbound I-10 off/on ramp along Washington Street) , it seems to be inappropriate to recommend lane addition at the intersection as the short and long term mitigation to address anticipated unacceptable Level of Service identified in the above-mentioned study. Subject: INDIAN RIDGE TRAFFIC STUDY December 10, 1990 In our opinion the study should recognize the need of major interchange improvement to address the above-mentioned project impact as well as other nearby major development projects such the proposed Del Webb in the Thousand Palms Area. b) The study in various sections refers to the point that the author does not agree with the assumptions used in the study and those are merely the City's recommendations. This apparently is based on the argument that the City staff has taken a conservative position as related to the traffic volume projection. Yet the analysis shown in the study reveal otherwise, including over-estimated trip generation and under-estimated traffic growth calculated to be 1% per year to arrive to 1995 and 2010 conditions. c) We have summarized the 1995 and 2010 intersection improvement layout (as assumed in the study) and shown in two attachments to indicate inconsistencies and corrections needed. If you need clarification on matters discussed above, feel free to call us at your convenience. A aTrtation Engineer cc: Alan Levine, Sunrise Company Richard Folkers, Asst.City Manager/Public Works Director Ray Diaz, Asst.City Manager/Planning Director Steve Smith, Associate Planner Joseph Gaugush, Senior Engineer SEY/lw P.CV BY:XEROX TELECOPIER 7010 11:00RM - 6195662144- f193417098;9 1 '5EN� 8Y,:5unrise Gompany U-11-90 ; 11 02P.M Corp-orate -"f;ijce" 6i9341709'6;# 1 Th TRANSMITTAL COVER SHEET DATE: December 11, 1990 SENT TOt Steve Smith COMPANY NAMEt CITY OF PALM DESERT PAX NO. : 619/341-7098 - TELEPHONE NO. : 619/340-0611 BENT BY: Allan Levin/Sarah Lucas, Sunrise Company PAX NO. : (619) 341-6450 RE: INDIAN RIDGE COUNTRY CLUB - Lighting Ordinance for County of Riverside (Ord. No. 655) NUMBER OF PAGES INCLUDING COVER SHEET: 8 If you do not receive all the pages, please oall back as soon as possible at (619) 568-2828 and ask for the teleoopior operator listed below. NAME: Sarah Lucas, 341-6460, Ext. 467 Telsoopier Operator RCV HY:XEROX TELECOPIER 7010 : 12-11-90 11:01r;11 6195632144a 6193417096:# 2 SENT BY:Sunrise Company '12-11-90 ; 11 :02AM Corporate' `fice4 6193417098:# 2 ORDINANCE NO* 655 AN ORDINANCE OF T9E COMITY OF RIVERSIDE REGULATING LIGHT POLLUTION The Board of Supervisors of the County of Riverside Ordains as Follows: Section 1. INTENT. The intent of this ordinance is to restrict the permitted use of certain light fixtures emitting into the night sky undesirable light rays which have a detrimental affect on astronomical observation and research. This ordinance is not intended to restrict the use of low pressure sodium lighting of single family dwellings for security purposes. This ordinance does not require any replacement of light fixtures already installed and operating. Section 2. CONFORMANCE WITH APPLICABLE ORDINANCES. All artificial outdoor light fixtures shall be installed in conformance with the provisions of this ordinance and the applicable provisions of the ordinances of the County of Riverside regulating the installation of such fixtures. ��V ' Seotion 3, APPROVED MATERIALS AND METHODS OF INSTALLATION. -This ordinance is not intended to prevent the use of any design, material or method of installation not specifically forbidden, provided any ( such alternate has been approved. The Planning Director may approve any such proposed alternate if itr A. Provides at least approximate equivalence to the applicable specific requirements of this ordinances and H. Is otherwise satisfactory and complies with the intent of this ordinance. Section 4, DEFINITIONS, A. Outdoor 1 ht fixt means outdoor artificial illuminating ev cas, nets a or portable, used for flood lighting, ggeneral illumination or advertisement. Such devices shall include, but are not limited too search, spot, and flood lights for: 1. buildinqa and structuresr 2, reorlatlonal faailitiesr 3. parking later 4. landscape lighting: S. outdoor advertising displays and other signer G. street 1ighting on private streatsr 7. walkway lighting. e. C1� I li n means all outdoor lighting used for, but not t of outdoor sales or sating areas, , assembly or repair area, outdoor advertising displays andv6therw-X%Vrsv recreational facilities and other similar applXoa ens w en color rendition is important. Ord. 655-1 T ` RCV BY:XEROX TELECOPIEP. 7010 : 12-11-90 11:02P11 61956821443 6193417098:K 3 SENT,BY;Sunrise Company 12-11-90 : 11 :03AM Corporatr ' 1ice4 61934170984 3 ( C. Class IT lighting means all outdoor 1 'ghl-M used �b`ut not 1Tm3te6d to illumination fo%:walkwa r _pr vlste cad ys and streets, equipment yards parking lot and oAd D. r0ecurS.ty . ass III li htin eons that lighting not needed for Class or Mass IpurWeas and used for decorative effects. Examples of Class III light include are not limited to, the il3uminationCof:fIag�polea, trsea, �yfountains statuary, building wahl's�! E. Planning Oii'ector-maans-the Director of Planning of the County.of R very de or representative( s) designated by the Planning Director. P . Individual means any private individual , tenant, lessee, owner or any commercial entity, including, but not limited to, companies, partnerships, joint ventures or corporations. G. Installed means any installation of outdoor light fixtures a ter t e effective date of this ordinance. Projects with construction plans approved by the County prior to the effective date of this ordinance are excluded from installation in compliance with this ordinance. A. Zone A means the circular area fifteen (15) miles in radius center A on Palomar observatory. am the circular ring area defined by two circles, one orey-five (43) miles in radius centered on Palomar y 9!V!V7atoJJx�,,_,Arjqd the other the perimeter Of Zone A. J. t�+ul� -shialdedtimans outdoor light V1xt�uresih`ie dsd_> r constructed so that li _ht rays emitted by �-fSxtttYas are Cprojicted be ow the hor zi ontnl plans passing through the lowest point`or-the`fi*tv=e-froof-w ioh light is emitted. X. Partiall el means outdoor light fixtures designed or constructs ao •hat ninety percent (90t1) ot the light rays emitted by the i'xure�re pro jeat 'D�13w'ttii hurltoAtel" plane passing through the lowest point of the shield. L. Luminare means a complete lighting unit consisting of a lamp or together with the parts designed to distribute the light, to position and protect the lamps and to zcn.,ect the lamps to the power supply. M. Outdoor Advereis n Display means advertising structures and grins us r outdoor advertising purposes, not including on-site advertising signs, as further defined and permitted in Article =Z of Ordinance No. 348. N. � Facilities means public or private � t as es n an equipped for the conduct of sports, leisure tim activities and other customary and usual recreational activities. outdoor recreational facilities include, but are not limited to, fields for softball, baseball, football, soccer, and other field sports, courts for tennis, basketball, volleyball , handball and other court sports, stadiums, and lighted golf facilities such as driving ranges. Ord. 635-2 RCV BY:XEROX TELECOPIER 7010 �j'Yc-11-90 11:0:�;aM 5195F,B2144y 6193417098;# 4 SENTBYt5unrise Company 12-11-90 ;11 :04AM Corporate ficey 5193417098;# 4 1 Section 5, GENERAL REQUIREMENTS $ These standards apply in Zones A and B. A. Preferred Source - Loa-pressure sodium lamps are the preferred illuminating source. B. Shieldin All nonexempt outdoor light fixtures, shall be sh�as required in Section S . C. Hours of Operation - All nonexempt outdoor light fixtures are su ec to We- provisions of Section a regarding hours of operation. D. Outdoor Advertisin D!s Ia - Lighting fixtures used to ITTum Hate an out oor a vartising display shall be mounted on the top of the outdoor advertising structure. All such fixtures shall comply with the lamp source and shielding requirements of Section 6, and the prohibitions of Section @ . Section 6. REQUIREMENT FOR LAMP SOURCE AND SHIELDING. The requirements for lamp source and shielding of light emissions for outdoor light fixtures in Zones A and H shall bet LAMP TYPE AND SHIELDING REOUIREMENTS PER FIXTURE CLASS I - COLOR RENDITION IMPORTANT LAMP TYPE ZONE Z0N* H y Low Pressure Sodium Allowed Allowed Others above 6050 Lumens Prohibited Allowed if fully shielded Others 4050 Lumens & Below Allowed* Allowed C I - PARKING DOTS, WALMY8& SECURITY LAMP TYPE LONE A ZONE H yy Low Pressure Sodium Allowed Allowed Others above 6050 Lumom Prohibited Prohibited Others 4030 Lumens i Below Prohibited Allowed Ord. 655-3 a F.CV BY:XEROX TELECOFIER 7010 : 12-11-90 11:03A111 6195682144-) 6193417098:# 5 SENT BY:Sunrise Company ' 12-11-90 ; 11 :04AM Corporate` 'tic 6193417098;# 5 CLASS III - DECORATIVE LAMP TYPE ZONE A ONE_B-. Low Pressure Sodium Prohibited Allowed Others above 4050 Lumens Prohibited Prohibited Others 4050 Lumens i Below Prohibited Allowed "Maximum of 8,100 total lumens per acre or per parcel if under one acre. NOTE. When lighting is *Allowed* by this ordinance, it must be fully s .ieldad if feasible and partially shielded in all other cases, IS must be locused-to minimize spill light info the night a y and onto adjacent—provwrtiis. Section 7. SUBMISSION OF PLANS AND EVIDENCE OP COMPLIANCE. The application for any required County approval for work in Zones A and ' e involving nonexempt outdoor light fixtures shall include evidence that the proposed work will comply with this ordinance. The submission shall contain, but not be limited to, the followings A. The location of the site where the outdoor light fixtures will be installedi : S. Plans indicating the location and type of fixtures on the premisesi C. A description of the outdoor light fixtures, including, but not limited to, manufacturer's catalog cuts and drawings. The above required plans and descriptions shall be sufficiently complete to enable the County to readily determine whether compliance with the requirements of this ordinance will be secured. If such plans and descriptions cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures or lamps proposed, the applicant shall submit further evidence of compliance enabling such determination. Sec on 1. • PROUBi'PIOliB. A. The installatiop of other than_low press=* sodiwa street i`qh—a Dfivte roadways and •tseoti is psolsibiled wi is Zonom-A_ -3. B. All Class I lighting in Zones A and B be of! b•tweenr rirOD p.m. and sunrise, ezcept as folloves 1. On-premis4 advertising signs may be illuminated while , the business facility is open to the publics 2. Outdoor advertising displays may remain lighted until midnight; 3. Outside sales, comisercial, assembly, repair, and industrial areas may be lighted when such areas are actually in use. `Ord. 633-4 RCV BY:XEROX TECECOPIER 7010 112-11-90 11:04RM 619S6821444 6193417098:# 6 SENT BY:Sunrise Company -' 12-11-90 . 11 :05AM Corporatt—`fice� 6193417096,# 6 4. Outdoor recreational facilities may remain lighted to complete recreational activities that are in progress and under illumination in conformance with this ordinance at 11, 00 p.m, C. All Class ii lighting in Zones A and 8 may remain on all night. D. All Class III lighting in Zones A and B shall be off between 11e00 4 m. and sunrij.e. E. erat on o! searchl_ igh—to for advartising„puz — prohi'lsited�in-Zones A and 8. poses_is Section 0. PERMANENT =EPTIONS. A. Nonconformance. All outdoor light fixtures existing and e9a y nata led prior to the effective date of this ordinance are exempt from the requirements of this ordinance except thats 1. when existing luminaries are reconstructed or replaced, such reconstruction or replacement shall be in compliance with this ordinance. 2. Sections 8 b, c, d and a regarding hours of operation shall apply. _ B. Poseil fuel L19,h_t,, All outdoor light fixtures producing light directly by combustion of fossil fuels (such as kerosene lanterns, and gas lamps) are exempt from the requirements of this ordinance.. C. Hof_ i ,Decorat ons ns, [Wghts used for holiday decorati are exalep r*M • r*quu kQmejti of or - Wig di naves, Section 10, TEMPORARY S)MMPTIONB. A. information Rardued, Any individual may submit a written seguest the Plan--Ing Director for a temporary exemption from the rsquirements of this ordinance. The filing fee for the temporary exemption shall be $$o.00. The Request for Temporary exemption shall contain the following information, 1. Name, address and telephone number of the a licant, 2, LOOation of the outdoor 11.ght fixtures for which the exemption is regquuestsds 3. afite .00 gftre. gh �tdoor light fixtures involveds 5, Duration of the requested sxamption(s) l 6. Type of outdoor light fixture to be wed, including total luMIGM output, character of the shielding, if anyl 7. Preview temporary sxeaptions, if anyl 8. Such other data and information Be may be required by the Planning Director. The Planning Director shall have ten (10) business days from the date of receipt of the Request for Temporary 3xsmption to approve os dlsapprow the request. The applicant will be notified of the decision in writing.. B. Du t o o a , The exemption shall be valid for not more an thlrtY ) consecutive days from the date of Ord. 655-5 RCV BY:XEROX TELECOPIER 7010 : 12-11-90 11:05RM : 619S682144� 6193417098:k# 7 SENT,BY:Sunrise Company - 12-11-90 ; 11 :06AM Corporate fice- 6193417096;# 7 . issuance of approval . Exemptions are renewable for a period of not more than fifteen (15) consecutive days. Requests for renewal of a temporary exemption shall be processed in the same manner as the original request. No outdoor light fixtures shall be exempted from this ordinance for more than forty-five days during any twelve (12) month period. C. A_2peals. An applicant or any interested person may file an appee from the decision of the Planning Director within 10 days of the date of mailing of the notice of decision to the applicant.' The appellant may appeal that decision, in writing, to the Board of Supervisors, on forms provided by the Planning Department, which shall be accompanied by a filing fee of $25.00. Upon receipt of a completed appeal , the Clerk of the Board shall set the matter for hearing before the Hoard of Supervisors not less than five days nor more than 30 days thereafter and shall give written notice of the hearing to the appellant and the Planning Director. The Hoard of Supervisors shall render its decision within 30 days following the close of the hearing on the appeal . Section 11. EME MENCY EXEMPTIONS. This ordinance shall not apply to portable temporary lighting used by law enforcement or emergency services personnel to protect life or property. Section 12. CONPLICPS. Where any provision of the statutes, codes or laws of the United States of America or the State of California conflicts with any provision of this ordinance, the most f restrictive shall .apply unless otherwise required by law. Section 13. VIOLATIONS AND PENALTIES. it shall be unlawful for any individual to operate, erect, construct, enlarge, alter, replace, slave, improve, or convert any lighting structure, or cause the same to be done, contrary to or in violation of any provision of this ordinance. Any individual violating any provision of this ordinance shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such individual shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued, or permitted. Any individual convicted of a violation of this ordinance shall be (1) guilty of as infraction offense and pasished by a fine not exceeding one hundred dollars ($100) for a first violations '(2) guilty of an infraction offense and punished by a fine not exceeding two hundred fifty dollars (0250) for a second violation on the same site and perpetrated by the same individual. The third and any additional violations on the same site and perpetrated by the same individual shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000) or six months in jailt or both, Paymeat of any penalty herein shall not relieve an individual from the responsibility for correcting the violation. Ord. 653-6 RCV B :,x,EFOx TELECOF'IER 7010 : 12-11-90 11:06RM - 61956821449 6193417098:# 8 3ENT..BY:3unrise Company r'12-11-90 ;11 :07AM Corporatl fl ce4 5193417098,# 8 Section 11. VIOLATIONS CONSTITUTE PUBLIC NUISANCE. Any lighting structure erected, constructed, enlarged, altered, replaced, moved, improved, or converted contrary to the provisions of this ordinance shall be, and the same is hereby declared to be, unlawful and a public nuisance and subject to abatement in the manner provided by law. Any failure, refusal or neglect to obtain a permit as required by this ordinance shall be prima facie evidence of the fact that a public nuisance has been committed in connection with the erection, construction, enlargement, alteration, replacement, improvement, or conversion of a lighting structure erected, constructed, enlarged, altered, repaired, moved, improved, or converted contrary to the provisions of this ordinance. Section 15. SEVERABILITY. If any provision of this ordinance or the application thereof to any individual or circumstance is invalid, the invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. Section 16. EPFECT M DATE. This ordinance shall take effect and be in force thirty (30) days after the date of its adoption. ADOPTED 6-7-98 (Eff. s 7-7-68) Ord. 655-7 f T � - c r$tate of Talifm nia GOVERNOR'S OFFICE OFFICE OF PLANNING AND RESEARCH e, . 1400 TENTH STREET SACRAMENTO 95814 GEORGE DEUKMEJIAN GOVERNOR October 25, 1990 Mr. Steve Smith City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Indian Ridge Country Club Shortened Review Request SCH# 90021039 Dear Mr. Smith: This is to inform you that your request for a shortened review period has been denied pursuant to Section 21091 of the Public Resources Code. This code states that a shortened review period shall be consistent with the criteria set forth in the written guidelines of the Office of Planning and Research. A copy of the new laws and guidelines governing shortened review requests has been enclosed for your perusal . If you have any questions, please contact John Vanderbilt at 916/445-0613 . Sincerely, David C. Nunenkamp Deputy Director, Permit Assistance DCN:JV:ww RECEIVED OCT 2 9 1990 COMMONRI DEVELOPMENT KRU M" CM OF PALM OEM STATE OF CALIFORNIA—OFFICE OF THE GOVERNOR GEORGE DEUKMEJIAN, Governor OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET SACRAMENTO, CA 95814 RECEIVED Nov 21 , 1990 STEVE SMITH NOV 2 6 1990 CITY OF PALM DESERT 08MM8NTly UVEL8YMM I) MiIME& 73-510 FRED WARING DRIVE GM Of PALM DENFIT PALM DESERT, CA 92260 Subject: INDIAN RIDGE COUNTRY CLUB SCH # 90021039 Dear STEVE SMITH: The State Clearinghouse has submitted the above named proposed Negative Declaration to selected state agencies for review. The review period is now closed and the comments from the responding agency(ies ) is(are) enclosed. On the enclosed Notice of Completion form you will note that the Clearinghouse has checked the agencies that have commented. Please review the Notice of Completion to ensure that your comment package is complete. If the comment package is not in order, please notify the State Clearinghouse immediately. Remember to refer to the project's eight-digit State Clearinghouse number so that we may respond promptly. Please note that Section 21104 of the California Public Resources Code required that: "a responsible agency or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency. " Commenting agencies are also required by this section to support their comments with specific documentation. Should you need more information or clarification, we recommend that you contact the commenting agency at your earliest convenience. This letter acknowledges that you have complied with the State Clearinghouse review requirements ,for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact John Vanderbilt at ( 916 ) 445-0613 if you have any questions regarding the environmental review process . Sincerely, David C. Nunenkamp Deputy Director, Permit Assistance Enclosures cc: Resources Agency State of California The Resources Agency Memorandum Date NOY 7 199fl 1. Gordon F. Snow, Ph.D. To Assistant Secretary for Resources RECEIVED 2. City of Palm Desert 73-510 Fred Waring Drive NOV 2 6 1990 Palm Desert, CA 92260 Attention: Steve Smith MUMm DEYELOPMEW DEPABTMEm CITY OF PALM DESRT From Department of Water Resources _ Los Angeles, CA 90055 Subject : DEIR for Indian Ridge Country Club, for 1278 Units, SCH 90021039 Your subject document has been reviewed by our Department of Water Resources staff. Recommendations, as they relate to water conservation and flood damage prevention, are attached. After reviewing your report, we also would like to recommend that you further consider implementing a comprehensive program to use reclaimed water for irrigation purposes in order to free fresh water supplies for beneficial uses requiring high quality water supplies. For further information, you may wish to contact John Pariewski at (213) 620-3951. Thank you for the opportunity to review and comment on this report. Sincerely, w Charles R. White, Chief Planning Branch Southern District Attachments o Health and Safety Code Section 4047 prohibits installation of residential water softening or conditioning appliances unless certain conditions are satisfied. Included is the requirement that, in most instances, the installation of the appliance must be accompanied by water conservation devices on fixtures using softened or conditioned water. o Government Code Section 7800 specifies that lavatories in all public facilities constructed after January 1, 1985, be equipped with self-closing faucets that limit flow of hot water. Recommendations to be implemented where applicable Interior• 1. Supply line pressure: Water pressure greater than 50 pounds per square inch (psi) be reduced to 50 psi or less by means of a pressure-reducing valve. 2. Drinking fountains: Drinking fountains be equipped with self-closing valves. 3. Hotel rooms: Conservation reminders be posted in rooms and restrooms.* Thermostatically controlled mixing valve be installed for bath/shower. 4. Laundry facilities: Water-conserving models of washers be used. 5. Restaurants: Water-conserving models of dishwashers be used or spray emitters that have been retrofitted for reduced flow. Drinking water be served upon request only.* 6. Ultra-low-flush toilets: 1-1/2-gallon per flush toilets be installed in all new construction. Exterior:* 1. Landscape with low water-using plants wherever feasible. 2. Minimize use of lawn by limiting it to lawn-dependent uses, such as playing fields. When lawn is used, require warm season grasses. 3. Group plants of similar water use to reduce overirrigation of low-water-using plants. 4. Provide information to occupants regarding benefits of low-water-using landscaping and sources of additional assistance. *The Department of Water Resources or local water district may aid in developing these materials or providing other information. 2 - 5. Use mulch extensively in all landscaped areas. Mulch applied on top of soil will improve the water-holding capacity of the soil by reducing evaporation and soil compaction. 6. Preserve and protect existing trees and shrubs. Established plants are often adapted to low-water-using conditions and their use saves water needed to establish replacement vegetation. 7. Install efficient irrigation systems that minimize runoff and evaporation and maximize the water that will reach the plant roots. Drip irrigation, soil moisture sensors, and automatic irrigation systems are a few methods of increasing irrigation efficiency. 8. Use pervious paving material whenever feasible to reduce surface water runoff and to aid in ground water recharge. 9. Grade slopes so that runoff of surface water is minimized. 10. Investigate the feasibility of using reclaimed waste water, stored rainwater, or grey water for irrigation. 11. Encourage cluster development, which can reduce the amount of land being converted to urban use. This will reduce the amount of impervious paving created and thereby aid in ground water recharge. 12. Preserve existing natural drainage areas and encourage the incorporation of natural drainage systems in new developments. This aids ground water recharge. 13. To aid in ground water recharge, preserve flood plains and aquifer recharge areas as open space. - 3 - Department of Water Resources Recommendations for Water Conservation and Water Reclamation To reduce water demand, implement the water conservation measures described here. Required The following State laws require water-efficient plumbing fixtures in structures: o Health and Safety Code Section 17921.3 requires low-flush toilets and urinals in virtually all buildings as follows: "After January 1, 1983, all new buildings constructed in this state shall use water closets and associated flushometer valves, if any, which are water-conservation water closets as defined by American National Standards Institute Standard A112.19.2, and urinals and associated flushometer valves, if any, that use less than an average of 1-1/2 gallons per flush. Blowout water closets and associated flushometer valves are exempt from the requirements of this section. " o Title 20, California Administrative Code Section 1604(f) (Appliance Efficiency Standards) establishes efficiency standards that give the maximum flow rate of all new showerheads, lavatory faucets, and sink faucets, as specified in the standard approved by the American National Standards Institute on November 16, 1979, and known as ANSI A112.18.1M-1979• o Title 20, California Administrative Code Section 1606(b) (Appliance Efficiency Standards) prohibits the sale of fixtures that do not comply with regulations. No new appliance may be sold or offered for sale in California that is not certified by its manufacturer to be in compliance with the provisions of the regulations establishing applicable efficiency standards. o Title 24 of the California Administrative Code Section 2-5307(b) (California Energy Conservation Standards for New Buildings) prohibits the installation of fixtures unless the manufacturer has certified to the CEC compliance with the flow rate standards. o Title 24, California Administrative Code Sections 2-5352(i) and ( i) address pipe insulation requirements, which can reduce water used before hot water reaches equipment or fixtures. These requirements apply to steam and steam-condensate return piping and recirculating hot water piping in attics, garages, crawl spaces, or unheated spaces other than between floors or in interior walls. Insulation of water-heating systems is also required. Department of Water Resources Recommendations for Flood Damage Prevention In flood-prone areas, flood damage prevention measures required to protect a proposed development should be based on the following guidelines: 1. It is the State's policy to conserve water; any potential loss to ground water should be mitigated. 2. All building structures should be protected against a 100-year flood. 3. In those areas not covered by a Flood Insurance Rate Map or Flood, Boundary and Floodway Map, issued by .the Federal Emergency Management Agency, the 100-year flood elevation and boundary should be shown in the Environmental Impact Report. 4. At least one route of ingress and egress to the development should be available during a 100-year flood. j . The slope and foundation designs for all structures should be based on detailed soils and engineering studies, especially for hillside developments. o. Revegetation of disturbed or newly constructed slopes should be done as soon as possible (utilizing native or low-water-using plant material) . 7. The potential damage to the proposed development by mudflow should be assessed and mitigated as required. 8. Grading should be limited to dry months to minimize problems associated with sediment transport during construction. - 4 - Notice of Completion Appendix P Sr Nets Maw Mail to:Stan Clemi,glntts� 1400 Tenth Sneer SaQamnt:nto,CA 95814 916/445-0613 seN• 90021039 Project Title Led A.. aty o4r D Conn Person: Street h/ .D p(�: !0/9 Cary y(p. 9 2 2 (0 0 Cowry. ---------------------------------------- Proleat Location A Coamy: Y//Aw.Q/,_I.l�li-/p CoQm�ry / 1 p4 Cmea Saeae' ritq /L!A /w-� •'O�/I. yjPAd__ /!1 Assessor's Pace!No. Senior: �./., T -'T R.I. 6nE B $�ig Within 2 Miles Soon:Hwy e: S//2 w.tmay. ''�'> -L✓a' Ahpan: Railweya: 5RN K schools. ---------------------------------------- DoeutneM Type CEOA: ❑NOP ❑SupplemmVSuleequat NEPA: ❑NO1 Other: [I Taint Docm:em ❑Fnty Cons ❑EIR(Prior SCH No.) ❑EA ❑Fun1 Docarmant M'9-9 De ❑OLh. ❑Omit ELS ❑Other ❑Draft MR ❑FONSI ---------------------------------------- Loeal Aatlon Type, ❑Ganeral Plan Update ❑Specirm Plan ❑ Remre ❑ Amandon ❑Goad Men Amendmet ❑Mass Pan ❑ Rene ❑ Rederebpmant ❑Germd Am Ml n ❑Panned Una Dnelopmet ❑Use Permit ❑Cowal Permit ❑Commmuy Pan ❑Sim Plm �md Division uhdiviaim, ❑ Other —————— --------- Dewlopmant Type 8d nesmmu: Uwr 277 Aw- ❑Water Facilities: Type MGD ' ❑ Of icw Sq,R._Aver En9/pyra_ ❑Ttanrportadom T)P, ❑ Comnmeia:sgj?._AcaEnployetr_ ❑ Minot{: Mieerai ❑ Irdusniel: Sg/t. Ac, _E pkyen_ ❑ power: Type worry ❑ 900CUUMMIL ❑Waste Tnamec Type eaeadood ❑Hazwdous Wam:7vpe ❑ Od:en _ ----------------------------------------- Forefeet lasses 01"Ussod In Document • (Ey AmhmaJV'imd ❑Flood paw/Floodinq ❑ Sal wwUnwasidea wv- a Qadity ❑Apiodmd Land ❑Forest Lw4foa,Hazard ❑Sepdo Synams fi-'arar Supply/Groundwater ❑Air Quality - ❑ Geolowalse maw, ❑uwer Cipacity ❑ Wedmd/Ri ❑ Aneheabpcal/Hpd ❑ m mde Masa eryacnioNGrade oil ans-c- pane ❑Coastal Zan El Noise , ❑Solid waste { e�rpate(�� 2tramsse/AMorpoon ❑ParAsnoNHoutm �g Union ❑ Tonctli•+ ^os ❑ t ❑ P.commialobs ❑ Pahlic Saraes/F'udsoe, ❑ Landuse ❑CVMULMvas EffectsEffectsUIN—d ❑ Reaesdan/Pmlu ❑ vqeunoa ❑Other ---------------------------------------- Preeent Land Uee(Zoeing/Oettend Plan Dee PROJECT DENCRIPTI0M OCATION: Vesting 'tentative tract map for a 1278 _Is unit residential condominium golf course and country club development in Section 11, T5S R6E SBBM. CLEARINGHOUSE CONTACT: 9161445-0613 JOHN VANDERBILT CMT SNT CMT SNIT _ 0 ReVOUrCes Agesry STATE REVIEW BEGAN; L_� DEPT REV TO AGENCY: �. r AGENCY REV TO SCH �_� ARB • onservation _ 0 CA haste t Bd • Fish { Game SCH COMPLIANCE �_� — — PLEASE RETURN NOC WITS ALL CO24@ITS AQIIDIAPCD:� (Resources: /O/ —VIEW _ 0 Reg. WQCH /� _ • CHP i Caltrans tState Land, Cc® F'S' sent by lead / ' sent b $CH) — r CITY OF PAIM DESERT TRANSMITTAL IETT R I. TO: Honorable Mayor and City Council II. REQUEST: Approval of vesting tentative tract map, a precise plan . of design, draft development agreement and negative declaration of environment impact as it pertains thereto for a 1278 unit residential condominium development including two 18 hole golf courses, tennis facilities and related amenities on 637 acres located between Country Club Drive and 42nd Avenue and between El Dorado Drive and Oasis Club Drive, also described as Section 11, T5S R6E. III. APPEALANP: Sunrise Desert Partners 46-200 Cook Street, Suite 200 Palm Desert, CA 92260 IV. CASE NO: Vesting TT 26123, PP 90-21 and Development Agreement V. DATE: November 8, 1990 VI. 03NTENTS: A. Staff Recommendation B. Discussion C. Response to Comments on Draft Negative of Declaration D. Planning Commission Minutes involving Case No. Vesting TT 26123 E. Planning Commission Resolution Nos. 1478 and 1479 F. Planning Commission Staff Report dated October 16, 1990 G. Related maps and/or exhibits. --------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Open Public Hearing, take testimony then continue to a date certain after the review period for the Negative Declaration ends (on or after November 26, 1990). B. DISCUSSION: The above noted request was before planning commission at its October 16, 1990 meeting. The request before city council is for approval of a vesting tentative tract map, a precise plan on design and development agreement for a 1278 unit residential condominium project. The report to planning commission and attachments provide a detailed description of the project, unit types, sizes, heights and locations. In addition the applicant will provide a full presentation covering site plan considerations, access, perimeter landscape treatment, club house facility amenities and phasing. Subsequently, planning crnmission reccnmended the vesting tentative map and precise plan for approval to city council. Unfortunately, the development agreement was not available for camiission review October 16, 1990. The attorney's for both parties have been working on the development agreement and it will be before planning commission at its November 6, 1990 meeting. Enclosed is a draft of the proposed preannexation and development agreement. We will report to council the determination of the planning commission at the public hearing. In response to the comments received on the negative declaration we have prepared a more detailed response to directly respond to the issues raised. Also, as a result of the comments we have had to extend the review period to November 25, 1990 and hence our recommendation to take public testimony and then continue the whole matter to a date certain, after November 25, 1990. Prepared by o_�� ���� Z. Reviewed and Approved by SS/wj CITY OF PAIM DESERT DEPARTMENT OF 0CD14MW DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: October 16, 1990 continued to November 6, 1990 CASE NO.: Development Agreement REQUEST: Approval of a draft preannexation and development agreement and negative declaration of environmental impact as it pertains thereto for a 1278 unit residential condominium development including two 18 hole golf courses, tennis facilities and related amenities on 637 acres located between Country Club Drive and 42nd Avenue and between El Dorado Drive and Oasis Club Drive, also described as Section 11, T5S R6E. APPLICANT: SUNRISE DESERT PARTNERS 46-200 Cook Street, Suite 200 Palm Desert, CA 92260 --------------------------------------------------------------------------- I. BACKGROUND: Commission will recall that at your October 16, 1990 meeting you reviewed and recommended approval to the city council of a vesting tentative map and precise plan of design for Indian Ridge Country Club. At that time the development agreement was not available so that part of the request was continued. The attorneys have been working on the agreement and have submitted it to staff. A copy of the current draft development agreement is attached hereto. II. 03COM1ENDATION• That planning commission recmutend to the city council approval of the draft preannexation 'and development agreement for Indian Ridge Country Club Exhibit "A" attached to the draft resolution. Prepared by: Reviewed and Approved by: SS/db PLANNING COMMISSION RESOLUTION NO. 1480 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 PREANNEXATION DEVELOPMENT AGREEMENT FOR INDIAN RIDGE COUNTRY CLUB. CASE NOS. VESTING TT 26213 AND PP 90-21 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of October, 1990, hold a duly noticed public hearing to consider the request of SUNRISE DESERT PARTNERS to consider the above mentioned project; 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. 80-89, " in that the director of community development has determined that the project will not have a significant negative impact on the environment; 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 granting recommending approval of said preannexation development agreement: 1 . The provisions of the development agreement are consistent with the requirements of Chapter 25.37 of the zoning ordinance (development 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 a Negative Declaration of Environmental Impact Exhibit "A" attached and Preannexation Development Agreement Exhibit "B" are hereby recommended to city council for approval. PLANNING COMMISSION f OLUTION NO. 1480 i PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 6th day of November, 1990, by the following vote, to wit: AYES: ERWOOD, RICHARDS, AND WHITLOCK NOES: NONE ABSENT: DOWNS ABSTAIN: JONATHAN CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary SRS/tm 2 PLANNING COMMISSION F 3LUTION NO. 1480 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NOS: Vesting TT 26123, PP 90-21 and Development Agreement APPLICANT/PROJECT SPONSOR: Sunrise Desert Partners 46-200 Cook Street Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Vesting tentative tract map for a 1278 unit residential condominium golf course and country club development in Section 11, T5S R6E SBBM. 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 6, 1990 RAMON A. DIAZ DATE DIRECTOR OF COMMUNITY DEVELOPMENT SRS/tm 3 3ENT 3Y:Xerox Telecopier 7020 : 11— 2-90 : 10:09 6193400574:ii 2 RECORDING nQUiSTED BY AND WON RTCORDED MAYL TO' Cityy of Palm Desert 73-510 Fred Warins Drive Palm Desert, California 92260 Attention: (Space Above This Line For Recordervs Use) INDIAN RIDGE COUNTRY CLUB PREANNEXATION AND DEVELOPMENT AGREF,MW SEV SY:Xerox Telecopier 7020 ; 11- 2-90 ; 10: 10 6193406696- 6193400574;9 3 11/01i90 14:32 U714 835 9000 N G R 8 B / OC 4 023/020 TABLE OF QNTIENTS Page No . RECITALS 1 AGREEMENT 3 1 . 0 Definition of the Project 3 2. 0 Definition of Terms 3 3. 0 Property Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4. 0 ;Timing of Annexation 4 5 . 0 Compliance with CEQA 4 6 . 0 Consistency with the General Plan 4 7 . 0 lunrise' s Obligations 4 '7 . 1 Development Trees 4 7 , 2 Mello-Roos Community facilities District for Cook Street Improvements 5 7 . 3 Drainage Facilities 5 7 . 4 Street Improvements . . . . . . . . . . . . . . . . . . . . . 6 7 .4. 1 Avenue 42 (Southern Perimeter of the Property) 6 7 . 4.2 Eldorado Drive (Western Perimeter of the Property) 6 7 . 4.3 oasis Club Drive (Eastern . Perimeter of the Property) 6 7 . 4. 4 Country Club Drive (Northern Perimeter of the Property) 6 7 . 4. 5 Sidewalks . . . 6 7 . 4. 6 Traffic Signals . . . . . . . . . . . . . . . . . . . 6 7 . 5 Time for Commencement 7 8 , 0 City' s Obligation# 7 6 . 1 Development in Accordance with Ex, ti Approvals . , 7 8 . 2 Timely Application and Processing 7 8 . 3 Exemption From Construction Moratorium . . . 7 8 , 4 Review of Subsequent Applicatione . . . . . . . . 7 6 . 5 Other Governmental Permits . . . . . . . . . 8 $. 6 Cooperation in Formation of CFDe 8 -ii- SENT 3Y:kercx Telecopier 7020 ; ! 1— 2-90 ; 10: 10 ; 6193406698- 6193400574;e 4 11,101!90 15A3 0714 F+F 9000 N G $ r!< E / OC 4004/020 9 . 0 Limitations , Reservations and Exceptions g 9 . 1 Reservations of Authority . . . . . . . . . . . . . . . . 8 9 . 2 Future Regulations 9 9 . 3 State and Federal Laws and Regulatione . . . 9 9 . 4 Full Extent of Law 9 10 . 0 Periodic Review of Compliance . . . . . . . . . . . . . . . . . . 9 10 . 1 Planning Commission Review 9 10, 2 Appeal to City Council . . . . . . . . . . . . . . . . . . . 10 10 , 3 City Council Action 10 11 . 0 Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 I 12 . 0 Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 . 1 Initiation of Amendment 10 12 ,2 Insubstantial Deviations from Development Plan . . . . . 10 12 . 3 Administrative Interpretatlone Not sa Conflict with Purposes of this Agreement 11 13 . 0 Partial Invalidity 11 14. 0 Enforceability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15 • Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . it 15 .1 Specific Performance 11 15 .2 Withdrawal . . . . . . . . . . . . . . . . . 11 16 . 0 Mortgagee Protection 12 17 . 0 Miscellaneous Provisions .. . . . . . . . . . . . . . . . . . . . , . , 12 17 . 1 Incorporation of Exhibits . . . . . . . . . . . . . . . . 12 17 .2 No Agency Created . . . . . . . . . . . . . . . . . . . . . . . . 12 17 . 3 Force Majeure . . . . . . . . . . . . . . . . . . . . . 12 17 .4 No Third Party Beneficiaries . . . . . . . . . . . . . 13 17 . 5 Assignment 13 17 . 6 Entire Agreement 13 17 . 7 Recitals 13 17 . 8 Further Actions and Instruments . . . . . . . . . . 13 17 . 9 Notices . . . . . . . . . . . . . . . . . . 13 17 . 10 Construction of Agreement 14 17 . 11 Counterparts . . . . . 14 17. 12 Hold Harmless 14 17 . 13 Reimbursement of Costs . . . . . . . . . . . . . . . . . . . 14 -iii- SENT BY:Xerox Teiecooier 7020 ' 11- 2-90 ; 10: 10 6193406698-� 6193400574;# 5 1.111 U1!NU 10:25 =714 OJO NUUU N O t1 a t UL - CUUO/U2O RECORDING REQUESTED BY AND WNW RECORDED MAIL TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert , California 92260 Attention; (Space Above This Line For Recorders Use) INDIAN RIDGE COUNTRY CLUB PREANNEXATION AND DEVELOPMENT AGREEMENT PURSUANT TO THE AUTHORITY of state law, including Sections 65864 through 65869. 5 of the California Government Code , this Preannexation and Development Agreement ("Agreement") is entered this day of 1990, by and between the City of Palm Desert ("City") , a municipal corporation of the State of California, and Sunrise Desert Partners ("Sunrise") , a California limited partnership. LECI TALE; The parties hereto have entered into this Agreement on the basis of the following facts , understandings and intentions . A. Sunrise is the owner of property consisting of approximately 640 acres (the "Property") , bounded by Country Club brive on the north, Avenue 42 on the south, Eldorado Drive on the west and Oasis Club Drive on the east, as more particularly described in Exhibit A. The Property currently is located within the sphere of influence of the City, in the County of Riverside . On , 1990, a petition was submitted to the Riverside County Local Agency Formation Commission (11LAFCO11) requesting the annexation of the Property to the City. B. Sunrise has proposed the development of Indian Ridge Country Club, a planned community of no more than 1,50o homes , on the Property (the "Project") . The Project will consist of a residential community, two eighteen-hole championship golf courses , and a clubhouse featuring golf , tennis , swimming and health spa facilities , The Project will include a diversity of housing types appealing to a broad ranee of residents . azim nr -F.erox eiecopier tutu + ir [—du ; 1u; 11 oidi4uobd6- 0163400514;;; 6 11101i90 M20 Qii{ aaa aouu r u A a e / uc vyuu /M C . The City is authorized to enter into binding preannexation agreements which set forth the terms and conditions upon which property will be developed following annexation to the City. Pursuant to Government Code sections 65864-65869 . 5 , the City is further authorized to enter into binding development agreements which encourage and provide for the Revelopment of public facilities in order to support the development of new housing; provide certainty in the approval of development pro4ecte in order to avoid a waste of resources and an escalation in the cost of housing and other development to the consumer; Provide assurance to developers that they may proceed with their projects in accordance with existing policies , rules and regulations, subject to their conditions of appro;al ; and strengthen the public planning process and encourage private participation in comprehensive planning. D. The development of the project requires substantial early and major capital expenditures and investments with respect to the construction and installation of major infrastructure and facilities, both on-site and off-site, of sufficient capacity to serve the Project as anticipated by the General Plan of the City and this Agreement . E. The City has approved the following entitlements for the Project : prezoning of the Project site to P.R.-5, by Ordinance No. a Precise Plan for the Project , by Resolution No. ; and a vesting tentative ma for the Project , by Resolution No. p (collectively, "Existing Approvals") . contingent upon the annexation of the Property to the City. r. The Project site is designated P.R.-5 by the Goner I Plan and the North Sphere Specific Plan. This desiggnation allows the development of a maximum of five residential units per gross acre. The residential density of the Project will not exceed 2. 35 units per gross acre and is , therefore, consistent with the General Plan and North Sphere Specific Plan. The P.R.-5 prezoning, which also allows the development of five residential units per gross acre, is consistent with the designation of the Project site in the General Plan and North Sphere Specific Plan, G. The City has undertaken the necessary review of the environmental effects of the Project pursuant to the California Environmental Quality Act (IICEQAII) . on 1990, 1 the City Council approved a negative declaration ' ("Negative Declaration,,) for the Project by Resolution No . The Negative Declaration evaluates potential impacts of the Project on the environment and sets forth the City reasons for concluding that these impacts will not be significant. a. This Agreement is intended to establish standards and rmquirements for the development of the Project, and to -Z- ocV u' ;Xerox eiecopler 7020 ; 11- 2-90 ; 10: 12 ; 6193405698- 5195400574;4 7 11;01/96 13:G0 UT14 536 NUUU CI U n a !s 1 M IMUVI/U40 provide for the orderly development of the Project , thereby assuring the public benefits identified by the City in this Agreement . 1 . Following due consideration of all evidence submitted or heard at duly noticed public hearings , the City Planning Commission and City Council have found and determined that this Agreement (a) is consistent with the City' s General Plan; (b) is in the beet interest# of the health, safety and sneral welfare of the Ci ty,t its residents and th g Y e public ; (c) is entered into pursuant to and constitutes d present exercise of the police power by the City; (d) is entered into pursuant to and in compliance with the requirements of state law; and (a) is entered into for valuable and adequate consideration, based an the obligations assumed by Sunrise hereunder . 1 . The City has determined that the project rode t implements the goal# and policies of the City' # General Plan applicable to the Project . The City further finds that the Project imposes appropriate standards and requirements with respect to land developments and usage so as to maintain and improve the quality of life and the environment within the City. A � $ SFi $ i'iI'IT NOW, TRZRErOJtZ, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree; a■ follows , i 110 D.e initien of the Project! , The Project is a planned community consisting of a M- imnm of 1,500 residential units , two eighteen-hole golf courses , a clubhouse and sports facilities, as more particularly described in the development plan attached hereto as Exhibit B ("Development Plan") . The permitted uses of the Property, the density or intensity of use, and the maximum height and size of proposed buildings shall be as set forth in the Development Plan. of„Torme . "Date Of Enactment" shall mean the date of the second reading of the ordinance by which the City approves this Agreement. "Effective Date" shall mean that date (thirty days a tsrlthe Date of Enactment) upon which this Agreement becomes effective, pursuant t0 state law, 3:0 Property Interest . Sunrise has shown to the City's satisfaction that its interest in the Property meets the requirements of the -3- Zciui er;xerox leiecopier solo � ti- 2-5o ; 16: 12 ; 6183406636- 6153400574:9 d 111 V1 ►V 1JG1 Y,1. OYV OYVV 1. V � O G I VV VYI VVOI ViV Development Agreement Law. Sunrise is the owner in fee of the Property. 4. 0 Timing of An &Xgtion. This Agreement shall not become operative unless annexation proceedings annexing the Property to the City are completed within one year from the Effective Date. It the annexation is not completed within the time specified in the Agreement or any extension of the Agreement, the Agreement shall be null and void . 5 . 0 Cgmpliance with CEOA. The City has determined that this Agreement is consistent with and within the scope of the Negative Declaration. The City has determined that there are no substantial changes in the Project, or in the circumstances under which the Project will be undertaken pursuant to this Agreement, which involve new significant impacts not considered in the Negative Declaration. Therefore, no further envirtnmental analysis of this Agreement is required under CEQA. 64 donsists3jry with the General Plan. The designation of the Property in the General Plan is Planned Residential ("P.R. ") 5 . The P,R. designation allows the development of residential uses , community facilities , recr"tional uses and related accessory uses , and other uses or mixtures of residential with country club related commercial uses , ; as designated on an approved precise plan. The P.R. district is intended to provide for flexibility in development, creative and imaginative design, and the development of parcels of land as coordinated pro ectr involving a mixture of residential densities and dousing types, and community facil Lies , both public and private. The P.R. -5 designation establishes that five residential units per gross acre are pperuted . The Project is consistent with this designation becmau a it will incorporate residential and country club relat d uses in a creative design,, and will not exceed five residential units per gross acre. The City has further deter ined that ths Agreement will implement the goals and policies of the General Plan of the City, including the goals of developing a land use pattern that takes optimum advantage of the City' r natural assets, providing for an orderly balance of laud uses within convenient and compatible locations and creating a distinctive sense of place and identity for each community and neighborhood in the City. 7 ,110 sunrire's Obligesions , 7 . 1 asCon Sunrise shall pay all fees which are required ditions of approval for the Project and/or which are contained in City ordinances or resolutions In 1 -h 5EN7 BY;Xerox Teiecopier 7020 ; 11— 2-90 ; 10: 13 6193406696- 6193400674;# 9 11- UsitlU 1J1 Ltl Q114 OJO VUUU A h A a G / ul. Gutiv/UZO effect at the time of Project approval . The fees payable by Sunrise in connection with the Project shall include , but are not limited to , the following; (a) City park fees , pursuant to the Subdivision Map Act ; (b) City Art in Public Places fee ; (c) school fee payable to Desert Sands Unified School District, based on state law requirements ; (d) Transportation Uniform Mitigation Fee , applicable to regional transportation and public works projects ; (e) water and sewer fees payable to Coachella valley Water District ; and (f) Fringe-Toed Lizard Fee , payable under the Fringe-Toed Lizard Habitat Conservation Plan 7 , 2 Mello-Roos Community ratilitien Distrin.—for Cook Striyat Tmnrovementa , The property shall participate in the proposed Mello-Roos Community Facilities District (11CFD11) or assessment district for improvements to Cook Street to the extent determined by the "Special Tax Report" to be filed in connection with the proceedings of the City of Palm Desert , in the Office of the City Clerk of the City of Palm Desert , The City and Sunrise hereby acknowledge that the sum of $1 , 687 , 712 is a : reasonable allocation of public infrastructure costs attributable to the Project. Therefore , the maximum obligation to be imposed on the Property pursuant to the Cook Street CFD or assessment district shall be $1 , 687 , 712 . Sunrise further agrees to advance $50, 000 for the formation of the Cook Street CFD, 'subject to reimbursement from Mello-Roos bond proceeds . Any Transportation Uniform Mitigation Fees (as more particularly described in Section 7 . 1 herein) shall be credited against the $1 ,687,712 Cook Street CFD obligation. The application of this credit is in recognition that the payment of Transportation Uniform Mitigation Fees represents a contribution by the Project to the public infrastructure costs of the Project , and results in a reasonable allocation of public infrastructure costs attributable to the Project . 7 . 3 : O'aciiitiea , The Project shall be designed to retain drainage from a 100-year storm on-site , if the City impoven a drainage fee applicable to the Property, Sunrise shall receive a fair and equitable credit against this fee . 'iThe credit shall be based on the reduction in the City's coat of building drainage improvements attributable to the Proje�tls on-site retention of drainage. Drainage fees for the construction of regional drainage improvements which would be necessary regardless of the on-site drainage, shall be paid in an amount which shall be based on the City of Palm Desert Master Drainage Plan prepared by NSS/Lowry upon its adoption by the Palm Desert City Council . 7 .4 SZ,reet Tmprovementa , Sunrise shall provide landscaping and other improvements to all streets directly adjacdnt to the Property, as follows . All descriptions of street sections are approximate , and are subject to modification without amendment of this Agreement . -5- SENT BY:Xerox Teiecopier 7020 ; 11- 2-90 ; 10 : 14 6193406698- 6193400574;#10 11!UlI VU iJ130 'Ql14 00U VVVU !v b A O A I W. GUIU1U10 7 .4. 1 p rflerty) . The northern half of the 100-foot right of way shall be dedicated and improved to include 32-foot driving lanes , a 12-foot landscaped parkway and one-half of the 12--foot landscaped median, in addition, Sunrise shall construct the southern half of the landscaped median adjacent to Oasis Country Club, where the southern half of the street is fully improved but no median exists . 7 . 4.2 Eldorado _Drive (stern Pgrimet_r oft the Property) . The eastern half of the 110-toot right of way shall be dedicated and improved. The western half also shall be improved , beginning one-half mile south of Country Club Drive (wher!e improvements to the western half now end) and extending one-h1alf mile south to the intersection of Avenue 42. The constluction of these improvements to the western half of Eldorado Drive shall be subject to a reimbursement agreement administered by the City, pursuant to which Sunrise shall be reimbursed for the cost of the improvements when the adjacent land 'to the west is developed . The Eldorado Drive street section shall consist of 12-foot parkways on both sides, 34 feet of driving lanes in each direction and an 18-foot landscaped median. in addition to the landscaping of the 12-fo6t parkway, Sunrise shall also landscape 8 feet outside its perimeter wall, for a total of 20 feet of landscaped Perim eter on the eastern side of Eldorado Drive. 7 .4, 3 Oasis C1 (lantern Pet of the Prbpszty) . The western half of a 100-foot right of way shall be dedicated and improved to include a 12-foot landscaped parkway, 32-foot driving lanes and a 12-toot painted center median. 7 .4. 4 Conakry Club Drums [Nor harn Zarimstar of U e Property) . Sunrise has fully improved the southern half of Country Club Drive , adjacent to the Property. The 12-foot parkway shall be landscaped , along with an additional 18 Peet outside the Projew s north perimeter wall, for a total of 30 feet of landscaped perimeter on Country Club Drive. 7 . 4.5 Sidewalks . Concrete sidewalks shall be constructed on all four perimeters of the Property. Sidewalk width shall be eight feet on Country Club and E1 Dorado Drives and six feet wide on Oasis Club Drive and 42nd Avenue, 7. 4. 6 Traffic SiSnala , Sunrise shall provide for the conversion of the existing three-way traffic signal on Country Club Drive at the main project entry to a four-way configuration and pay one-fourth the cost of traffic signal installation at the intersections of Country Club Drive and OasislClub Drive, 42nd Avenue and Oasis Club Drive, and E1 Dorado Drive and 42nd Avenue . Traffic sitnali$ation fees requited for the Project may be used as credits against these costa . -6- 6iNT d ;Xerox ie ; ecopier 7u2u ' 11- 2-au ; 1u; to ; 61b34uo6v6- 61a34uuo74;A11 11/01/60 14:32 QT14 835 9000 N G 1 6 8 / OC 19024/026 7 . 5 TJW -for C0mMA1LC1M , Sunrise shall commence construction of the Project within ten (10) years of the Effective Date of this Agreement . Failure to do eo shall be considered a default by Sunrise. Notwithstanding the foregoing, the time for commencement may be extended by agreement of the parties upon a showing by Sunrise of good cause for the extension. 8. 0 Q ty' s Obligations , 8 . 1 v SSARL in Accardance with Approvals , To the fullest extent of the City's authorityp and jurisdiction, Sunrise shall have a vested right to design, construct , operate and maintain the Project in accordance with the Development Plan, Existing Approvals and the terms of the rules , regulations , and ordinances of the City in effect as of the Date of Enactment of this Agreement ("Local Rules") . The City !shall not impose, or seek to impose, any additional requirements , exactions , fees or payments , or dedication or reservation requirements except those expressly get forth in the Reservation of Authority. 8 . 2 Timely Afll4r�non ,and Prargqging . The City hereby acknowledges that the timely development of the Project will benefit the public health, safety, and welfare. In recogiiition of this , the City and Sunrise agree to cooperate in the eirpeditious processing and review of all applications for further approvals required by the Project . The City shall not impose any exaction or restriction (except requirements relating to the normal processing of applications for development approvals) which would delay interfere with or impede the commencement or rate of design, construction, development or operation of the Project or any component theredf as contemplated by the Development Plan. i 8 . 3 g.Yam2tiQA From Construction Moratorium, The City specifically agrees and acknowledges that the Project is exempt from the construction moratorium adopted by the City on or about !April 26 , 1990 , as set forth in Ordinance No. 602, and from any extensions to the construction moratorium which the City may adopt in the future, 8, 4 The Project, including subsequent applicat ors for approvals necessary for the development of the Project in accordance with the Development Plan, shall not a subject to any changes in the Local Rules or new Local Rules adopted subsequent to the Date of Enactment , which would interfere or conflict with the development of the Project for the uses and to the height , design standards , density and intensity of use specified in the Development Plan, or with the rate of development of the Project, except as otherwise provided by this Agreement, including the Reservations of Authority. The City shall 3E!Vi nr ;xerox ieiecopier 702U ; 11- 2-8u 10; 10 51a3405555- 51a3400514t912 Promptly ill's* any permits which may be required to implement the Development Plan, provided that Sunrise is in compliance with this Agreement and the Local Rules in effect as of the Date of Enactment . 8 . 5 Other GevarnmwntL 4armi *a , Sunrise may apply for such other permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Project as may be required for the development, design, construction, or operation of the Project in accordance with the D',evelopment Plan. The City shall cooperate with Sunrise in its efforts to obtain such permits and approvals and shall assisi in expediting LAFCO processing of the annexation of the Property. $ . 6 Cnappration i In addition to the Cook Street FD described in Section 9 , the City and Sunrise intend to consider the formation of one or more CFDe which! will include the Property, or a portion thereof, within theiriboundaries for the purpose of financing various off-site improvements . The City shall use its beet efforts to cooperate with Sunrise in the formation and establishment of such CFDs ; provided, however, that nothing herein shall prevent Sunrise in its able discretion from voting against the formation of any CFD, with the exception of the Cook Street CPD, 9� O 9 . 1 $geervationa 'If, Authority., Notwithstanding any other ; provision of this Agreement , the following rules , regulations and ordinances of the City which may come into effect after the Date of Enactment of this Agreement shall apply! to the development of the Property. A. Procedural regulations relating to hearing bodies , petitions , applications , notices , findings , records , hearings , reports , recommendations, appeals and any other matter of procedure. H. Changes in regulations governing construction standards and specifications after the effective date of this Agreement which are required by changes in state or federal law or federal laws or regulations, or by changes in the nPiform building code, plumbing code, mechanical code, electical code, fire code and grading code. C. Processing fees and charges of every kind and nature imposed by the City, on a uniform City-wide basis at the time such fees are due, to cover the estimated actual costs to the City of processing applications for development approvals or for monitoring compliance with any development approvals granted or issued . aaNi DY•AVOX leiecop:er 102u ; 11— 2-5G ; 1G: 16 E1531uG714;V D. Regulations which may be in conflict with the Development Plan, but which are reasonably necessary to project the public health and safety; to the extent possible , any such regulation shall be applied and construed so as to provide Sunrise with the rights and assurances provided under this Agreement , of Sunrise . E. Regulations applied with the written consent 9 . 2 ruture Regulations . Nothing herein shall prevent the City, in subsequent discretionary approvals for the Project, from applying new rules , regulations , or ordinances (1) not inconsistent or in conflict with the Local Rules or with the purposes and conditions of this Agreement , and (2) which do not interfere or conflict with the height , density or intensity not forth in the Development Plan or with the rate of development selected by Sunrise . 9 .3 State _and oral lawn and Re��1a40 The Project shall be subject to existing and future- state and federal laws and regulations , together with any City land use regulations , programs and actions , or inaction, which are reasonably (taking into consideration, among other things , the assurances provided to Sunrise hereunder) adopted or undertaken by the City in order to comply with state and federal laws and regulations ; provided , that in the event that state or federal laws and re uiations prevent or preclude compliance with one or more rovie ono of this Agreement, such provisions shall be modif ed or suspended as may be necessary to comply with such state and federal laws and regulations , in such event , this Agreement shall remain in full force and effect to the extent that it is not inconsistent with such laws and regulations and that performance of the remaining provisions would not be incon#intent with the intent and purposes of this Agreement. 9 . 4 Full Extant of Law, The parties acknowledge and agree that the City is restricted in its authority to limit its polic power by contract and that the foregoing limitations , reservations and exceptions are intended to reserve to the City all of its police power which cannot be so limited . JJ p p d 10 . 0 Periodic Review of Comnli- anca , 10 . 1 Planning Commission Review, The Planning Commission, at a public hearing, shall conduct a compliance review of this Agreement within six months from the Date of Enactment , and annually thereafter , At least one week prior to the Planning Commission compliance hearing, Sunrise shall submit a letter to the Planning Commission, demonstrating its good faith compliance with this Agreement . If the Planning Commission finds that Sunrise has demonstrated good faith compliance with this Agreement , the annual review shall be deemed concluded . i 6ENl oY ;Xerox ieiecoPier 7020 : 11- 2-50 ; 1o: 17 6153406658, 6153400574,#14 10. 2 6ARegi to CIXX caunGiil If the Planning Commission fins and determ nee on the basis of substantial evidence that Sunrise has not complied in good faith with this Agreement , the Planning Commission shall (1) specify actions to be taken to cure the default under the Agreement, (2) propose the modification of the Agreement, or (3) propose the termination of the Agreement , Sunrise shall have the right to a?peal any portion of any such action to the City Council wfthi'n thirty days of the date of the Planning Commission actio , i0 . 3 City �++neap a -IL .21, Upon appeal by Sunrise pursuant to Section 10 . 2 herein, the City Council shall conduct a hearing to determine whether Sunrise is in good faith compliance with this Agreement , If the City Council determines that Sunrise is in good faith compliance , the annual review process shall be deemed completed , If the City Council finds that : Sunrise has not complied in good faith with this agreement , it shall (1) specify actions to be taken to cure the default under the Agreement , (2) modify the Agreement , or (3) terminate the Agreement . 11 . 0 Tim, This Agreement $hall commence on the Effective Date and shall continue in effect for twenty years from the Effective Date. This term is intended to provide sufficient time for the full repayme of the bonds to be issued by the CFD referred to in Sectionnt 7 .2, or of any other debt obligations incurred in lieu of such bonds . If the parties determine that a longer period is necessary to achieve the purpose stated herein, the term of this Agreement may be extended by the further written agreement of the parties in accordance with Section 12.3. i 1? . 0 Amen meet , 12. 1 Initiation of Amepdment . Either party may prop? a an amendment to this Agreement. Except as otherwise prove ed herein, cancellation or amendment shall follow the notice and hearing requirements established by applicable law for tle consideration of development agreements , 12 . 2 TQA"h etantial naviA Iona from nevElopment Plan, Any insubstantial deviation from the Development Plan with respect to the location, size, or height of structures , streets , and other physical facilities, as determined by the Director of Planning, may be approved by the person or body with authority to approve the lane for such facilities without amendment of this Agreement, in accordance with City policy. Insubstantial deviations shall include, without limitation, the introduction of different housing product types and the replotting of the locations of houses, so long as such -10- SENT BY.Xerox Teiecopier 7020 ; 11- 2-90 ; 10: 17 5193406696- 6193400574415 deviations are not inconsistent with (a) the permitted uses described in Exhibit B, and (b) City policy in effect at the time Of entry into this Agreement. 12 , 3 Administrative Tnter2retationg Not in Conflict With purposes et This Agreement. Upon agreement of the parties hereto, memoranda of administrative interpretation may be entered into regarding any aspect of this Agreement which does not relate to permitted uses , density or intensity Of use , height or aims of buildings , provisions for reservation of land,, conditions , restrictions and requirements relating to subsequent discretionary approval$ , rate of development , or the term of the Agreement . l3 , 0 PArtil 19WA iALU, if any material provision of this Agreement is determined to be void , invalid , or illegal by a final �udgment of acourt of competent jurisdiction, the parties may a) amend this Agreement pursuant to the procedures set forth herein, or (b) by mutual agreement of the parties , terminate the Agreement. 14, 0 xntoxceabiiity, it is acknowled4ed and agreed by the parties hereto that ! Any assurances provided to Sunrise with respect to the imposition of additional exactions , regulations, or restrictions affecting permitted uses, intensity of use , dvnelLy, heitht, or the rate of development of the ProjAni, are loos Valuable andbe relied upon adequate co by 3nsideration provided by Sunrises in the form of covenants and commitments as set forth in this Agreement; and (c) made with the understanding that such aseu pnces will not be amended, changed, or increased except as prov ded herein. l5 . 0 8emnd ie s . lg., l , ecific Performance. The parties agree and understand that a breach of this Agreement may result in irreparable harm to the non-breaching party, and that specific performance of this Agreement is a proper and desirable remedy. 1 15 , 2 Withdrawal. In the event that Sunrise is unable to construct and operate the project in a manner set forth in the ',Development Plan and this Agreement because of (a) this Agreement or any portion hereof being determined to be invalid or ,unenforceable , (b) the imposition of any exaction, restriction, or ehange in the Local Rules not specifically provided for in this Agreement , or (c) Sunrise reasonably getgi rmining that the Project , despite good faith efforts , s economically infeasible, in addition to any other remedy which it might possees , Sunrise shall have the right upon written notice to the city to withdraw from this Agreement , -11- SENT 3Y:xerox Tei ecooier 7020 , 1i- 2-a0 ; 10: 16 6193406696• 6193400574416 allrfurther tliabilities Oreobligationsb hereunder . s Sunrise 6 notice to the City that it is withdrawing from this Agreement shall constitute a waiver of Sunrises rights hereunder and the Project shall be subject to City review according to the rules and regulations in existence at that time, 16 . 0 Mcrtgaipeg Pretection. No breach of this Agreement shall defeat , render invalid , diminish or impair the lien of any deed of trust or mortgage made in good faith and for value , and no holder of a deed ! of trust or mortgage ("Mortgagee") shall have an obligation or duty under this Agreement to perform Sunrise' s obligations or to guarantee such performance . Notwithstanding the foregoing, any acquisition or acceptance of title or any nigh$ or interest in or with respect to the Property or any portion thereof, by a Mortgagee (whether deed in plieuan to a mortgage, foreclo8ure, trustee ' s sale, Of fora losure, or otherwise) , shall be subject to all of the terms and conditions contained in this Agreement. 17 . 0 M11201 nne0us_ rovieient, 17 , 1 Exhibits A and 8, attached hereto, are incorporated herein by this reference. 17 . 2 �1ZAggncv Created , It is understood and agreed to by the parties that the Project is a privats development, that! neither party is acting aethe agent of the other in any respect and that no partnership, joint venture or other association of any kind is formed by this Agreement . 17 .3 Spree Majesut. Neither ,arty shall be deemed to be In default where failure or delay in performance of any of its Obligations under this Agreement is caused by floods , earthquakes , other Acts of God, fires , wars , riots or similar hostilities , strikes and other labor difficulties beyond such partyls control , government regulations , court actions (such as ning orders or injunctions) Or other causes beyond such restrai restrai control . If any such events shall occur , the term of parthis Agreement and the time for performance by either party of anyiof its obligations hereunder shall be extended by the period of time that such events prevented such performance, rovided that the terms of this Agreement shall not be extended for 1 a period which would cause this Agreement or provisions herjof to be void as violating the rule against perpetuities . 17 . 4 This Agreement is anditheirnsuccessors andeassigns. No athird-party beneficiaries are ! created by this Agreement . -12- ocNT BY:Xerox Teiecopier 7020 ; 11- 2-90 ; 10: 19 ; 6193406696- 6193400674;s17 17 . 5 Asz4 &nt. This Agreement shall not be assigned or otherwise trans erred without the prior written consent of the City; provided , however, that such approval shall not be unreasonably withheld . This Agreement shall benefit and bind all subsequent transferees . Express assumption of any of the obligations hereunder by any transferee permitted by this paragraph shall relieve the transferor from any assumed obligation, 17 . 6 Entire Agrement. This Agreement constitutes the entire Agreement betweee n the parties with respect to the subJe�t matter of the Agreement . 17 . 7 Recitals , The recitals to this Agreement constitute part of this Agreement . Each party shall be entit�sd to rely on the truth and accuracy of each recital as an inducement to enter into this Agreement , 17 . 8 V";ther Actions anel Tnetrnmenta, Upon the request of either party, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required , and file or record such required instruments or mritioge , including estoppel certificates , and take any actions that may be reasonably necessary under the terms of this Agreement to carry out the intent, fulfill the provisions , and evidence or consummate the transactions contemplated by this Agreement . 17 . 9 Notigns . All notices required or provided for under, this Agreement shall be in writing and delivered in persons or sent certified mall, postage prepaid and addressed as To City: City of Palm Desert 73-510 Fred Waring Drive palm Desert, California 92260 Attn,._ To Sunrise : Sunrise Desert Partners 42-600 Cook Street, Suite 200 Palm Desert, California 92260 Attn: Phillip X. Smith, Jr . with a copy to: Nossaman, Guthner , Knox & Elliott 650 Town Center Drive, Suite 1250 Costa Mesa, California 92626 Attn: Jean 0. Melious , Esq. Any notice given as required herein shall be deemed given ! sevent -two hours after deposit in the United States mail or upon receipt . A party may change its address for notices by giving notice in writing to the other party as required herein. i -13- SENT SY:Xerox Telecopier 7020 ; 11- 2-90 : 10: 19 6153406696- 5193400574;V 8 original , but all of which shall constitute one and the same instrument . 17. 12 HQId Harmless , Sunrise agrees to and shall hold City, its officers , agents , employees and representatives harmless from liability for damage or claims for damage for ppersonal injury, including death, and claims for property damage which may arise from the direct or indirect operation of Sunr as or those of its contractors , subcontractors , agent, emplpyee , or other person acting on its behalf which relate to the project . Sunrise agrees to and shall defend City and its officers , agents , employees and representatives from actions for damages caused or alleged to have been caused by reason of Sunrise ' s activities in connection with the Project . This provision 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 nbt the City prepared , supplied or approved piano or specifications or both for the Project . It does not apply to negligent acts or omissions by the City, Sunrise further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action challenging the validity of this Agreement . 17 , 13 Asim u s eat of poets . Sunrise shall pay to City its direct costs associated with entering into this Agre meat , as shown on itemized City invoices , Such costs sham be paid prior to issuance of final approvals . IN WITNESS WHEREOF, the parties hereto have executed this 'Agreement on the date(s) set forth below, as of the day and year first above written. Date!, ficityll CITY OF PALM DESERT I. By Its -14- I GENT 6Y:Xer0x Teiecopier 7020 ; 11— 2-90 ; 10:20 5193406698- 6193400594;a19 Date : "Sunrise" SUNRISE DESERT PARTNERS By Sunrise Corporation Its General Partner ay Its Date ; APPROVED AS TO rom City Attorney City of Palm Desert Date: ATTEST: City Clark . Y Cit of Palm Desert -lg- I SENF 6Y:Xerox Teiecopier '7020 ii— 2-90 0 20 6193406698- 61934uG57G:a20 EIRIBIT A Prapar y DeaprjD _ien Indian Ridge a un ry Club All of Section 11 , T5S, SUM -ib- sr:v! or •nerox ieiecopier ,ucu „ i— z—au , iu.cu o ;aoau0000, olOs4UUo 4 A[ i EXXISIT 8 DaysIngment Plan 1 . Permitted Vase of fhe Pr eerty Rousing, including single family detached one- and two-story homes and attached homes containing from two to six units per building; Two eighteen-hole golf courses and ancillary facilities , including but not limited to maintenance facilities , half-way houses with snack shops and rest rooms ; Entry complexes; Sales , resales and rentals building; A clubhouse, including golf , tennis and health spa facilities , dining rooms, freestanding grill room/snack shop, lounges , banquet and meeting rooms , golf pro shops, a tennis and spa pro shop, at least fourteen tennis courts (seven night-lighted) , four night-lighted paddle tennis courts , two night-lighted croquet courts , swimming pools , locker room facilities , child care center and teen activity room, The power source for the building may consist of a cogeneration facility. 2 . MYimum Weights of Buildin" The maximum height of residential buildings will be 30 feet , The maximum height of the clubhouse will be 60 feet . The maximum height of ancillary golf facilities (including golf maintenance facilities , half-way houses with snack shops and rest rooms) will be 30 feet . The maximum height of entry complexes will be 30 feet . The maximum height of the sales , resales and rentals building will be 30 feet . -17- ICI 3EV7 BY Xerox ielecepier 9020 : 11- i-30 10 21 61934666H" 6195400574;922 3 , Dnnntty and Intensity of Umg: Ma:imtm Size of Buildings Residential : No more than 1, 500 homes shall be constructed . This constitutes a density of approximately 2 . 35 units DDer acre, Homes shall range in size from 1 , 300 to 4, 000 square feet . Clubhouse : The clubhouse shall not exceed 125 , 000 square feet in size . The freestanding grill room/snack shop shall not exceed 5,000 square feet . Ancillary golf facilities , including golf maintenance facilities , half—way houses with snack shops and rest rooms , shall not exceed 40 , 000 square feet . Entry complexes shall not exceed 7,500 square feet . The sales , resales and rentals building shall not exceed 5 , 000 square feet , ct<: : .ar , s4 ( 11 / 1 / 901 1 : 30 p , m . 1 -18- . w PLANNING COMMISSION RESOLUTION NO. 1480 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 PREANNEXATION DEVELOPMENT AGREEMENT FOR INDIAN RIDGE COUNTRY CLUB. CASE NOS. VESTING TT 26213 AND PP 90-21 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of October, 1990, hold a duly noticed public hearing to consider the request of SUNRISE DESERT PARTNERS to consider the above mentioned project; 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. 80-89, " in that the director of community development has determined that the project will not have a significant negative impact on the environment; 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 granting recommending approval of said preannexation development agreement: 1. The provisions of the development agreement are consistent with the requirements of Chapter 25.37 of the zoning ordinance (development 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 a Negative Declaration of Environmental Impact Exhibit "A" attached and Preannexation Development Agreement Exhibit "B" are hereby recommended to city council for approval . ✓- PLANNING COMMISSION r OLUTION NO. 1480 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 6th day of November, 1990, by the following vote, to wit: AYES: ERWOOD, RICHARDS, AND WHITLOCK NOES: NONE ABSENT: DOWNS ABSTAIN: JONATHAN CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary SRS/tm 2 -!. PLANNING COMMISSION R" )LUTION NO. 1480 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NOS: Vesting TT 26123, PP 90-21 and Development Agreement APPLICANT/PROJECT SPONSOR: Sunrise Desert Partners 46-200 Cook Street Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Vesting tentative tract map for a 1278 unit residential condominium golf course and country club development in Section 11, T5S R6E SBBM. 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 6, 1990 RAMON A. DIAZ DATE DIRECTOR OF COMMUNITY DEVELOPMENT SRS/tm 3 PLANK I COMMISSION RESOLUTION N( 1479 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PRECISE PLAN FOR A 1278 UNIT COUNTRY CLUB TYPE RESIDENTIAL/CONDOMINIUM PROJECT WITH RELATED AMENITIES ON 637 ACRES IN SECTION 11 T5S R6E SBBM. CASE NO. PP 90-21 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of October, 1990, hold a duly noticed public hearing to consider the request of SUNRISE DESERT PARTNERS for the above mentioned project; 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. 80-89, " in that the director of community development has determined that the project will not have an adverse 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 to exist to justify their actions: 1 . The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. 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 the Negative Declaration of Environmental Impact Exhibit "A" attached is hereby recommended to the city council for certification. 3. That Precise Plan PP 90-21 on file in the department of community development is hereby recommended to the city council for approval, subject to conditions (Exhibit "B" ) . PLANNING COMMISSION F OLUTION NO. 1479 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of October, 1990, by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARDS, AND WHITLOCK NOES: NONE ABSENT: NONE ABSTAIN: JONATHAN CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary SRS/tm 2 PLANNING COMMISSION F ILUTION NO. 1479 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NOS: Vesting TT 26123, PP 90-21 and Development Agreement APPLICANT/PROJECT SPONSOR: Sunrise Desert Partners 46-200 Cook Street Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Vesting tentative tract map for a 1278 unit residential condominium golf course and country club development in Section 11, T5S R6E SBBM. 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. October 16, 1990 RAMON A. DIAZ DATE DIRECTOR OF COMMUNITY DEVELOPMENT SRS/tm 3 PLANNING COMMISSION F OLUTION NO. 1479 EXHIBIT "B" CONDITIONS OF APPROVAL CASE NO. PP 90-21 Department of Community Development/Planning: 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. 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. 3. Construction of a portion of said project shall commence within one year 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. 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 Desert Sands Unified School District 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. Payment of fringe-toed lizard mitigation fees in amount of $600.00 ($600 per acre prorated) required prior to issuance of grading permit or evidence such fee has been paid. 6. That exterior lighting on the site comply with Riverside County Ordinance No. 655 ( i.e. lighting fixtures emitting 4050 or more lumens must be low pressure sodium in nature) . 7. That the proposed wall along 42nd Avenue be moved 8 feet to the north to provide a minimum 20 feet of setback from the curb face to the wall or alternatively the applicant resubmit a landscape 4 PLANNING COMMISSION F OLUTION NO. 1479 plan for this section providing substantial landscaping pockets to buffer the effect of a long straight wall to the satisfaction of the architectural review commission. 8. That the country club maintenance facility shall provide sufficient onsite parking area for all maintenance employees. 9 . That the setbacks for units on this condominium project shall be as shown on the "typical setback" plan dated October 9, 1990 on file with the department of community development. Minimum setbacks to a head-in garage shall be 20 feet. Minimum front setback to a side-in garage shall be 10 feet with a 25 foot driveway backup area. 10. That the street plan provide on the street bicycle lanes on El Dorado, 42nd Avenue and Oasis Club Drive. The bicycle lane on Country Club to be on the sidewalk. 11 . That this approval shall be null and void unless said property is annexed to the City of Palm Desert. 12. That the landscape theme for the development include significant areas of drought tolerant landscape materials to reduce water usage and that all parkway landscaping within the right-of-way shall be drought tolerant subject to approval of the Environmental Conservation Manager. 13. That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance No. 612, said enclosures subject to approval of Environmental Conservation Manager. 14. Project is subject to Art in Public Places fee per Ordinance No. 473. 15. Landscape plans for the club house area shall comply with parking lot tree planting master plan. SRS/tm 5 F PLANN' 1 COMMISSION RESOLUTION N( 1478 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND VESTING TENTATIVE TRACT MAP FOR A 1278 UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT IN SECTION 11 T5S R6E. CASE NO. VESTING TT 26123 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of October, 1990, hold a duly noticed public hearing to consider the request of SUNRISE DESERT PARTNERS for approval of a Negative Declaration of Environmental Impact, vesting TT 26123 for a 1278 unit residential condominium development on Section 11, T5S R6E; 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. 80-89, " in that the director of community development has determined that the project will not have an adverse 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 approval of said vesting map and Negative Declaration of Environmental Impact: ( a) That the proposed vesting map is consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. (c) That the site is physically suitable for the type of development. ( d) That the site is physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. ( f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. PLANNING COMMISSION F OLUTION NO. 1478 WHEREAS, in the review of this tentative tract map the planning commission has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources. 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 the Negative Declaration of Environmental Impact Exhibit "A" and Vesting Tentative Tract Map No. 26123 are hereby recommended to the city council for approval for the reasons set forth in this resolution and in the staff report dated October 16, 1990 and subject to the attached conditions, Exhibit "B" . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of October, 1990, by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARDS, AND WHITLOCK NOES: NONE ABSENT: NONE ABSTAIN: JONATHAN CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary SRS/tm 2 I PLANNING COMMISSION T 'OLUTION NO. 1478 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NOS: Vesting TT 26123, PP 90-21 and Development Agreement APPLICANT/PROJECT SPONSOR: Sunrise Desert Partners 46-200 Cook Street Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Vesting tentative tract map for a 1278 unit residential condominium golf course and country club development in Section 11, T5S R6E SBBM. 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. October 16, 1990 RAMON A. DIAZ DATE DIRECTOR OF COMMUNITY DEVELOPMENT SRS/tm 3 PLANNING COMMISSION F OLUTION NO. 1478 EXHIBIT "B" CONDITIONS OF APPROVAL CASE NO. VESTING TT 26123 Department of Community Development/Planning: 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. The approval of this vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by the Subdivision Ordinance for the expiration of the approval of a tentative map. 3. That the rights contained in the tentative vesting map shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Condition 2 above. If the final map is approved then 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. 4. 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. 5 . Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Desert Sands Unified School District 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. 6. That the setbacks for dwellings in this project shall be as required in the precise plan, PP 90-21. 7. That the approval shall be null and void unless said property is annexed to the City of Palm Desert. 4 • PLANNING COMMISSION F OLUTION NO. 1478 8. That the landscape theme for the development include significant areas of drought tolerant landscape materials to reduce water usage and that all parkway landscaping within the right-of-way shall be drought tolerant subject to approval of the Environmental Conservation Manager. 9 . That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance 612, said enclosures subject to approval of Environmental Conservation Manager. 10. That the street plans provide marked on the street bicycle lanes on El Dorado, 42nd Avenue and Oasis Club Drive. The bicycle lane on Country club will be on the sidewalk. Department of Public Works: 1 . The project shall be designed to retain drainage from a 100-year storm on-site. Drainage fees for the construction of regional drainage improvements which would be necessary regardless of the on-site drainage retention shall be paid prior to the recordation of the final map. The amount of these fees shall be based upon the City of Palm Desert Master Drainage Plan prepared by NBS/Lowery upon its adoption by the Palm Desert City Council . 2. Any drainage/retention are facilities 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. 3. Applicant shall provide for the conversion of the existing three- way traffic signal on Country Club Drive at the main project entry to a four-way configuration and pay one-fourth the cost of traffic signal installation at the intersections of Country Club Drive and Oasis Club Drive, 42nd Avenue and Oasis Club Drive, and E1 Dorado Drive and 42nd Avenue. The payment of these costs shall coincide with the approval and recordation of the associated final maps. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of building permits. Traffic signalization fees required for this project may be used as credits against traffic signal costs. 4. 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 5 PLANNING COMMISSION F OLUTION NO: 1478 approved by the public works department and a surety posted to guarantee the installation of required offsite improvements prior to recordation of the final map. 5. 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. Minimum improvements shall include, but not be limited to the following: Country Club Drive: * C o n s t r u c t i o n o £ a deceleration/acceleration lane for main entry. * Construction of an 8 foot wide meandering sidewalk. * Installation of perimeter landscaping as approved by the City of Palm Desert. Oasis Club Drive: * Construction of curb and gutter and AC paving at 38 feet from centerline. * Construction of a 6 foot wide sidewalk. * Installation of perimeter landscaping as approved by the City of Palm Desert. E1 Dorado Drive: * Construction of curb and gutter and AC paving at 43 feet from centerline. * Construction of a deceleration lane at the maintenance are entry and Country Club Drive intersection. * Construction of one-half of a raised, landscaped median island. * Construction of an 6 foot wide meandering sidewalk. * Installation of perimeter landscaping as approved by the City of Palm Desert. 42nd Avenue: * Construction of curb and gutter and AC paving at 38 feet from centerline. * Construction of a 6 foot wide sidewalk. * Construction of one-half of a raised, landscaped median island in the roadway section where no improvements currently exist and construction of a full raised, landscaped median island in the roadway section where improvements currently exist south of centerline. * Installation of perimeter landscaping as approved by the City of Palm Desert. 6 ' PLANNING COMMISSION F ILUTION NO. 1478 Interior Streets: * Improvements as shown on the tentative map. In addition to the above noted items, those traffic mitigation measures identified in the project Traffic Impact Analysis prepared by Weston Pringle and Associates shall be provided. The subject report and proposed mitigation measures shall be approved by the public works department. 6. 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. 7. Traffic safety striping on Country Club Drive, Oasis Club Drive, 42nd Avenue, El Dorado Drive and all interior streets shall be provided to the specifications of the director of public works and shall include the use of approved thermoplastic paint and raised pavement markers. A traffic control plan must be submitted to, and approved by, the director of public works prior to the issuance of any permits associated with this project or placement of any pavement markings. 8. Developer shall participate in the proposed City of Palm Desert Mello-Roos Community Facilities District (Cook Street Improvements) or assessment district to the extent determined by the "Special Tax Report" to be filed in connection with the proceedings of the City of Palm Desert, in the Office of the City Clerk of the City of Palm Desert. The maximum obligation associated with this project shall be $1, 687, 712.00. 9. Landscaping maintenance on the property frontages shall be provided by the property owner and/or property owners association. 10. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans and specifications shall be submitted to the director of public works for checking and approval prior to issuance of any permits. 11 . Complete tract map shall be submitted as required by ordinance to the director of public works for checking and approval before issuance of any permits. 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. 7 ' PLANNING COMMISSION F OLUTION NO. 1478 13. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 14. Waiver of access to Country Club Drive, E1 Dorado Drive, 42nd Avenue and Oasis Club Drive, except at approved locations, shall be granted on the final map. 15. Applicant shall pay Transportation Uniform Mitigation Fees (TUMF) in accordance with applicable city ordinance. Payment of these fees shall be credited against the City of Palm Desert Mello-Roos Community Facilities District (Cook Street Improvements) in the event such a district is formed. 16. Half street right-of-way at fifty-five feet on Country Club Drive, fifty-five feet on E1 Dorado Drive, fifty feet on 42nd Avenue and fifty feet on Oasis Club Drive for dedication on the final map. 17. Improvement plans for water and sewer systems shall be approved by the respective service districts with "as-built" plans submitted to the department of public works prior to project final . 18. As required by the Palm Desert Municipal Code, all existing overhead utilities shall be placed underground per each utility districts recommendation. Applicant agrees to join in any assessment district which may be formed for the undergrounding of those existing overhead facilities which cannot currently be undergrounded due to their size. 19 . A complete preliminary soils investigation, prepared by a registered soils engineer, shall be submitted to and approved by the public works department prior to the issuance of any permits. SRS/tm 8 l i RECEIVED NOV 8 1990 WMMUNM DEVU MEM DEPAMMEM CDT OF PALM DEW November 7, 1990 The Planning Commission City of Palm Desert 73-150 Fred Waring Drive Palm Desert, Ca. 92260 Subject: Proposed Negative Declaration for Palm Desert Vesting Tentative tract 26163 Precise Plan 20-21 and Development Agreement proposed by applicants Sunrise Desert Partners. Gentlemen: The Sunrise project proposed at Country .Club Drive and E1 Dorado is a very significant project and I am concerned about its impact on the City. I still feel that a full E.I.R should be required for its approval. I am incorporating my comments to the Planning Commission into this letter b including a copy of my letter of October 16, 1990. i fRal ntopiet t/ 4481 Sun Cora rail Pa Desert, CA 92260 I i REC EIVED NOV 8 1990 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF PALM DESERT 0 O \I j October 16 , 1990 The Planning Commission City of Palm Desert 73-150 Fred Waring Dr. Palm Desert, Ca. 92260 Subject: Proposed Negative Declaration for Palm Desert Vesting Tentative Tract 26163 Precise Plan 90-21 and Development Agreement proposed by applicants Sunrise Desert Partner. Gentlemen: We have reviewed the City of Palm Desert Department of Community Development Staff Report and Environmental Services Department Initial Study and disagree with its conclusion that a negative declaration or a mitigated negative declaration should be adopted. Insufficient evidence is presented in the Staff Report and accompanying documents to determine whether or not there is any evidence to support the conclusion that a negative declaration or a mitigated negative declaration should be adopted. In addition, the mandatory findings of significance in the Initial Study are contradicted by the specific findings of environmental impact in the Checklist. For example see Finding 25A versus Checklist Finding 5A and B. In addition, it appears that the following are unaddressed, or inadequately addressed environmental impacts: A. Soil erosion (para.le) . B. Air emmission, deterioration of ambient air quality and air moisture (para. 2a) . C. Water: 3.a Changes in water currents (para. 3a) ; changes in absorption of water (para. 3b) ; effect on aquifer (para. 3e) ; and amount of water available for public supplies (para 3f) . D. Plant Life: Changes in number of species (para. 4a) ; unique species (para 4b) ; new plant species (para 4c) . Planning Commission City of Palm Desert October 16, 1990 Page 2 E. Animals: Change in number of species (para. 5a) ; reduction of the number of unique species or endangered animals (para. 5b) ; and the deterioration in existing wildlife habitat (para. 5d) . F. Energy: Demand upon existing sources of energy (para.7b) . G. Risk of Upset: The possibility of release of pesticides (para. 8) . H. Economic Loss: Changes caused by flooding (para. 9a) is contradicted by (para. 3a and 3b) . I. Population: a) Alteration and increase in population (para. 13a) which appears to be contradicted by the finding of impact from employment in paragraph 14 . J. Housing: Changes in housing will obviously occur but the assessment indicates that none will occur (para. 15a and para. 15b) . K. Traffic: Assessment indicates that there is an impact on almost every traffic category which in turn will effect air quality and there does not appear to be a sufficient assessment of its impacts on air quality and circulation impacts by the attached reports. L. Public Services: The assessment indicates no impact for any public services by a proposed 640 acre, 1278 unit residential condominium development including two 18 hole golf courses, etc. This appears to be unbelievable and incredible (para. 17) . Planning Commission City of Palm Desert October 16, 1990 Page 3 M. Utilities: The environmental assessment indicates no impact on utilities except for storm water drainage. With the number of units involved there must be an impact on utilities (para. 19) . N. Human Health: The use of pesticides and effluent water for golf courses may be hazardous to one's health (para. 20) . O. Mandatory Findings of Significance: The following findings are not supported by any evidence but only by the conclusion of the environmental assessment: Paragraphs 25 a, b, c and d. The environmental assessment does not address cumulative impacts and it does not address impacts of regional significance which it is required to do because the proposed project exceeds 500 units. Moreover, the environmental assessment does not indicate whether or not the submitted project is the entire project or merely a part of a severable or phased project. Therefore it cannot be ascertained whether or not the environmental assessment considers the entire project. Further, the Initial Assessment does not address the environmental impacts of the proposed mitigation measures which is required by the CEQA Guidelines and CEQA itself. The documents incorporated and relied on in the Initial Environmentl Study and as a basis for the negative declaration failed to comply with the requirements of the California Environmental Quality Act and the Guidelines thereunder. The documents incorporated and relied on in the Environmental Assessment and Initial Study failed to state whether the documents are generally available to the public and where these documents are available. Moreover, the incorporated documents are not summarized and their data or information summarized as is required by CEQA Guidelines. It is also unclear from the Staff Report and Initial Study and Proposed Findings whether the City has complied with the procedural requirements for the preparation and adoption of a negative Planning Commission City of Palm Desert October 16, 1990 Page 4 declaration as set forth. Therefore, I believe an environmental impact report is mandated for this project. Ralph Santopietro 48817 Sun Coral Trail Palm Desert, Ca. 92260 Uu' l a �liu�i u o oam . 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE(619)346-0611 October 2, 1990 CITY OF PALM DESERT LEGAL NOTICE CASE NO. VESTING TT 26123, PP 90-21 AND A DEVELOPMENT AGREEMENT NOTICE 15 HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by Sunrise Desert Partners for approval of a Vesting Tentative Tract Map, a precise plan of design, draft development agreement and negative declaration of environmental impact as it pertains thereto for a 1270 unit residential condominium development including 2, 18 hole golf courses, tennis facilities and related amenities on 637 acres located between Country Club Drive and 42nd Avenue and between El Dorado Drive and Oasis Club Drive also described as section 11 , T5S R6E. M TIT .I AVONDALE ! ,I PALI1 VALLEY •'� I` OT TIT REGENCY • ��• PALMS •T LAKES w = = RESORTER — f a I Io SUBJECT PROPERTY c � I lu O y[ w h I w e R. 5 o w w o � ti I} ........... �>�(y�._• 42rd AVENUE II I �` J,_ . \ - • ..2 DRIVE - SAID public hearing will be held on Thursday, November 8, 1990, 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 he 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/planning at the above address between the hours of 8:00 a.m. and 4:30 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 (or city council ) ati or prior to, the public hearing. PUBLISH: Desert Post SHIELA GILLIGAN, City Clerk October 5, 199b City of Palm Desert, California po�� o� pall p 0[m 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: November 8, 1990 Sunrise Desert Partners 46-200 Cook Street, Suite 200 Palm Desert, CA 92260 Re: ✓Vesting TT 26123 Development Agreement The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of November 6, 1990. PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF VESTING TT 26123 DEVELOPMENT AGREEMENT BY ADOPTION OF RESOLUTION NO. 1480 AS AMENDED. CARRIED 3-0-1 (COMMISSIONER JONATHAN ABSTAINED, COMMISSIONER DOWNS WAS ABSENT) . Any appeal of the above action may be made in writing to the Director of Community Development, City of Palm Desert, within fifteen ( 15 ) days of the date of the A ecision. Ji I� U RAM N A. DIAZ4, C ARY PALM DESERT PLANNI COMMISSION RAD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal is PLANNING COMMISSION RESOLUTION NO. 1480 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 PREANNEXATION DEVELOPMENT AGREEMENT FOR INDIAN RIDGE COUNTRY CLUB. CASE NOS. VESTING TT 26123 AND PP 90-21 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of October, 1990, hold a duly noticed public hearing to consider the request of SUNRISE DESERT PARTNERS to consider the above mentioned project; 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. 80-89, " in that the director of community development has determined that the project will not have a significant negative impact on the environment; 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 granting recommending approval of said preannexation development agreement: 1. The provisions of the development agreement are consistent with the requirements of Chapter 25.37 of the zoning ordinance (development 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 a Negative Declaration of Environmental Impact Exhibit "A" attached and Preannexation Development Agreement Exhibit "B" are hereby recommended to city council for approval . PLANNING COMMISSION R )LUTION NO. 1480 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 6th day of November, 1990, by the following vote, to wit: AYES: ERWOOD, RICHARDS, AND WHITLOCK NOES: NONE ABSENT: DOWNS ABSTAIN: JONATHAN CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary SRS/tm 2 PLANNING COMMISSION ;OLUTION NO. 1480 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NOS: Vesting TT 26123, PP 90-21 and Development Agreement APPLICANT/PROJECT SPONSOR: Sunrise Desert Partners 46-200 Cook Street Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Vesting tentative tract map for a 1278 unit residential condominium golf course and country club development in Section 11, T5S R6E SBBM. 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 6, 1990 RAMON A. DIAZ DATE DIRECTOR OF COMMUNITY DEVELOPMENT SRS/tm 3 RECORDING REQUISTED BY AND WMW RECORDED MAIL TO: Cityy of Palm Desert 73-510 Fred Waring Drive Palm Desert , California 92260 Attention: II (Space Above This Line Fos Recorder ' s Use) INDIAN RIDGE COUNTRY CLUB PREANNEXITION AND DEVELOPMENT A4RzwmNT i p "ii;oi ab la:bs �9ia'b�� Boob d x TAILE oa Corrr= Page No , RECITALS 1 AGREEMENT 3 1 . 0 Definition of the Project . . . . . , , , , • „ . . . . . . . . 3 2 . 0 Definition of Terms 3 3 . 0 Property Interest 3 4. 0 Timing of Annexation . . . . . . . . 4 5 . 0 Compliance with CEQA 4 6 . 0 Consistency with the General Plan 4 7 . 0 Sunrise' s Obligations 4 7 . 1 Development Trees 4 7 , 2 Mello-Roos Community Facilities District for Cook Street Improvements . . 5 7 , 3 Drainage Facilities S 7 , 4 Street Improvements . . . . . 6 7 . 4. 1 Avenue 42 (Southern Perimeter of the Property) 6 7 . 4. 2 Eldorado Drive (Western Perimeter of the Property) 6 7 , 4.3 oasis Club Drive (Eastern . Perimeter of the Property) 6 7 . 4. 4 Country Club Drive (Northern Perimeter of the Property) 6 7 . 4. 5 Sidewalks , , . 6 7 4. 6 Traffic Signals 6 7 . 5 Time for Commencement 7 8 . 0 City' s Obligations 7 8 , 1 Development in Accordance with Existing Approvals 7 8 . 2 Timely Application and Processing 7 8 . 3 Exemption From Construction Moratorium . . . 7 6 . 4 Review of Subsequent Applications 7 8 . 5 Other Governmental Permits . . . . . . . . 8 8 . 6 Cooperation in Formation of CFDs 8 -ii- ,r.n. 611n9 .n I ! : G�Vp�c1 iu4u 111- 4-4u 1 1WIIU i Oi714uu6 W 01444U��440144 4 11�01�00 18. 11 0714 $An 1000 V 0 x 0 X. ' Oc fm00N01! 9 . 0 Limitations , Reservations and Exceptions „ g 9 . 1 Reservations of Authority 8 9 . 2 Future Regulations 9 9 . 3 State and Federal Laws and Regulatione 9 9 . 4 Full Extent of Law . , 10 . 0 Periodic Review of Compliance 9 10 . 1 Planning Commission Review q 10 . 2 Appeal to City Council 10 10 . 3 City Council Action 10 11 . 0 Term 10 12 . 0 Amendment . . . . , 10 12 . 1 Initiation of Amendment 10 12 . 2 Insubstantial Deviations from Development Plan 10 12 . 3 Administrative Interpretations Not in Conflict with Purposes of this Agreement 11 13 . 0 Partial Invalidity 11 14. 0 Enforceability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15 . Remedies 11 15 . 1 Specific Performance . . . . . . . . . . . . . . . . . . . . . 11 15 . 2 Withdrawal 11 16 . 0 Mortgagee Protection . . . . . • „ . . . . . . . . . . . . . . . . . . . 12 17 . 0 Miscellaneous Provisions .. . . . . . . . . . . . . . . . . . . . . . . 12 17 . 1 Incorporation of Exhibite 12 17 . 2 No Agency Created 12 17 . 3 Pores Ma,jeure 12 17 .4 No Third Party Beneficiaries . . . . 13 17 , 5 Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 . 6 Entire Agreement 13 17 . 7 Recitals . . . . 13 17 . 8 Further Actions and Instruments . . . . . . . . . . 13 17 . 9 Notices 13 17 . 10 Construction of Agreement . . . . . . . . . . . . . . . . 14 17 . 11 Counterparts 14 17 .12 Hold Harmless 14 17 . 13 Reimbursement of Costs 14 -iii- '- ViuV�VVVJV� V17p4�U71YM yy 11UiY❑ 10170 • �71i OJO YUUU VV V y ♦ N A � y i ,a, - r IW UUO.�UA RECORDING REQUESTED BY AND WHEN RECORDED MAIL M City of Palm Desert 73-510 Fred Waring Drive Palm Desert , California 92260 Attention : (Space Above This Line For Recorder ' s Use) INDIAN RIDGE COUNTRY CLUB PREANNEXATION AND DEVELOPMENT AGREEMENT PURSUANT TO THE AUTRORITY of state law, including Sections 65864 through 65869 . 5 of the California Government Code , this Preannexation and Development Agreement ("Agreement") is entered this day of 1990, by and between the City of Palm Desert ("City") , a municipal corporation of the State of California, and Sunrise Desert Partners ("Sunrise") , a California limited partnership . IXCITA "; The parties hereto have entered into this Agreement on the basis of the following facto , understandings and intentions . A. Sunrise is the owner of property consisting of approximately 640 acres (the "Property") , bounded by Country Club Drive on the north, Avenue 42 on the south, Eldorado Drive on the west and Oasis Club Drive on the east, as more particularly described in Exhibit A. The Property currently is located within the sphere of influence of the City, in the County of Riverside. On 1990, a petition was submitted to the Riverside County Local Agency Formation Commission ("LAFCO") requesting the annexation of the Property to the City. B. Sunrise has proposed the development of Indian Ridge ' Country Club, a planned community of no more than 1,500 homes , on the Property (the "Project") . The Project will consist of a residential community, two eighteen—hole championship golf courses , and a clubhouse featuring golf , tennis , swimming and health spa facilities , The project will include a diversity of housing types appealing to a broad range of residents . �vy.ci cv SIB c—av i� I , J J74GJtlG" 11�o1i9ov�1D t90 tTtii tlin uuu �� n , u� G1ya6uU9'14at . C . The City is authorised to enter into binding preannexation agreements which set forth the terms and conditions upon which property will be developed following annexation to the City. pursuant to Government Code sections 65864-65869 . 5 , the City is further authorized to enter into binding development agreements which encourage and provide for the development of public facilities in order to support the development of new housing; provide certainty in the approval of development V 04 ecta in order to avoid a waste of resources and an escalation in the cost of housing and other development to the consumer ; provide assurance to developers that they may proceed with their projects in accordance with existing policies , rules and regulations , subject to their conditions of approval ; and strengthen the public planning process and encourage private participation is comprehensive planning. D. The development of the Project requires substantial early and major capital expenditures and investments with respect to the construction and installation of major infrastructure and facilities , both on-site and off-site, of sufficient capacity to verve the Project as anticipated by the General Plan of the City and this Agreement . E. The City has approved the following entitlements for the Project : prezoning of the Pro act site to P.R.-5 , by Ordinance No. ; a Precise Plan for the Project , by Resolution No. ; and a vesting tentative map for the Project , by Resolution No. (collectively "Existing Approvals") , contingent upon the annexation of the Property to the City. General Plan and the eNorth ct t Sphere is eSpecific Plan. by This the designation allows the development of a maximum of five residential units per gross acre . The residential density of the Project will not exceed 2. 35 units per gross acre and in . therefore, consistent with the General Plan and North Sphere Specific Plan. The P.R.-5 preaoning, which also allows the development of five residential units per gross acre, is consistent with the designation of the Project site in the General Plan and North Sphere Specific Plan. G. The City has undertaken the necessary review of the environmental effects of the Project pursuant to the California Environmental Quality Act ("CEQA") . On , 1990, ', the City Council approved a negative declaration ("Negative Declaration-,) for the Project by Resolution No. _;,��. The Negative Declaration evaluates potential impacts of the Project on the environment and sets forth the City# d reasons for concluding that these impacts will not be sigaiPicant. H. This Agreement in intended to establish standards and requirements for the development of the Project, and to -2- :. uiu+VUVVV V 3V9 V V; 14-4 1 i111/00 15. ii' i7Ti i 3i iuuu . . . v i, a a a w. r provide for the orderly development of the Project , thereby assuring the public benefits identified by the City in this Agreement . I . Following due consideration of all evidence submitted or heard at duly noticed public hearings , the City Planning Commission and City Council have found and determined that this Agreement (d) is consistent with the City' s General Plan; (b) is in the best interests of the health, safety and general welfare of the City, its residents and the public ; Cc ) is entered into pursuant to and constitutes a prevent exercise of the police power by the City; (d) is entered into pursuant to and in compliance with the requirements of state law; and (a) is entered into for valuable and adequate consideration, based on the obligations assumed by Sunrise hereunder . X . The City has determined that the Project implements the goals and policies of the City' s General Plan applicable to the Project . The City further finds that the Project imposes appropriate standards and requirements with respect to land developments and usage no as to maintain and improve the quality of life and the environment within the City. NOW, T$LR rm, in consideration of the mutual covenants and conditions contained herein, the parties hereto agreeias follows ; i 1. 0 Definition of the Jrojer . The Project is a planned community consisting of a maximum of /12 79 residential units , two eighteen-hole golf courses , a clubhouse and sports facilities, as more particularly described in the development plan attached hereto as Exhibit B ("Development Plan") , The permitted uses of the Property, the density or intensity of use, and the maximum height and size of proposed buildings shall be as set forth in the Development Plan. 2 . 0 DgfiIlltign of Terms . "Date of Enactment" shall mean the date of the second reading of the ordinance by which the City approve@ this A reement . "Effective Date" shall mean that date (thirty days a ter , the Date of Enactment) upon which this Agreement becomes effec4ive , pursuant to state law. 3 .10 Property interest . Sunrise has shown to the City's satisfaction that its interest in the Property meets the requirements of the -3- �i• V{• IV 1V+ f1 yrl• OJV suVV .. V p f p ( VV ..-..... . . r.��tltl1 I�G •.r..�r�laptl� Development Agreement Law. Sunrise is the owner in tee of the Property, 4. 0 Timing o! Ann"&UQn. eement shall Ltive unless is annexationhproceedings anna ingnthe ot Propertycomepera to the City are completed within one year . from the Effective Date . If the annexation is not completed within the time specified in the Agreement or any extension of the Agreement , the Agreement shall be null and void . 5 . 0 omuliance wj h_ CEQA. The City has determined that this Agreement is consistent with and within the scope of the Negative Declaration. The City has determined that there are no substantial changes in the Project , or in the circumstances under which the Project will be undertaken pursuant to this Agreement, which involve new significant impacts not considered in the Negative Declaration. Therefore , no further environmental analysis of this Agreement is required under CEQA. 6, 0 Consistency with the Ceneral Plan. The designation of the Property in the General Plan is Planned Residential ("P.R. ") 5 . The P.R. designation allows the development of residential uses , community facilities , recre tional uses and related accessory uses , and other uses or mixtu es of residential with country club related commercial uses , as designated on an approved precise plan. The P .R. district is intended to provide for flexibility in development , creative and imaginative design, and the development of parcels of li nd as coordinated ro •ecta involving a mixture of resid intial densities a3 houeitg types, and community facil ties , both public and private. The P.A. -5 designation eetab taboo that five residential unite per gross acre are permi ted . The Project is consistent with this designation becau�e it will incorporate residential and country club related uses in a creative design,. and will not exceed live resid ntiai unite per gross acre . The City has further deter fined that this Agreement will implement the goals and policies of the General Plan of the City, including the goals of developing a land use pattern that takes optimum advantage Of the City ' s natural assets , providing for an orderly balance or land uses within convenient and compatible locations and creating a distinctive sense of place and identity for each community and neighborhood in the. City. 7 .10 Sunrise' a Ohs igar,, sae . 7 . 1 Qevelopment Fees . Sunrise shall pay all fees which are required as Conditions of approval for the Project , and/or which are contained in City ordinances or resolutions in • r••rv.rr rOJYVV.iIY,M 7 it u1 NJ ;a 2b ;�li� euo uuuu e a n a Q UUV/UTO effect at the time of Project approval . The fees payable by Sunrise in connection with the Project shall include , but are not limited to , the following : (a) City park fees , pursuant to the Subdivision Map Act ; (b) City Art in Public Places fee ; (c) school fee payable to Desert Sands Unified School District , based on state law requirements ; (d) Transportation Uniform Mitigation Fee , applicable to regional transportation and public works projects ; (e) water and fewer fees payable to Coachella valley Water District ; and (f) Fringe-Toed Lizard Fes , payable under the Fringe-Toed Lizard Habitat Conservation Plan 7 . 2 Mello-Re �aq,�]j �lfltrir�t for Cook Street ImRsovemanU, The Property shall participate in the proposed Mello-Roos Community Facilities District ("CFD") or assessment district for improvements to Cook Street to the extent determined by the "Special Tax Report" to be filed in connection with the proceedings of the City of Palm Desert , i•n the Office of the City Clerk of the City of Palm Desert , The City and Sunrise hereby acknowledge that the sum of $1 , 687 , 712 is a ; reasonable allocation of public infrastructure costs attributable to the Project , Therefore , the maximum obligation to be imposed on the Property pursuant to the Cook Street CFD or assessment district shall be $1 , 687 , 712 . Sunrise further agrees to advance $50 , 000 for the formation of the Cook Street CFD, subject to reimbursement from Mello-Roos bond proceeds , Any Transportation Uniform Mitigation Fees (as more particularly described in Section 7 , 1 herein) shall be credited against the $1 , 687,712 Cook Street CFD obligation. The application of this credit is in recognition that the payment of Transportation Uniform Mitigation Fees represents a contribution by the Project to the public infrastructure costs of the Project , and results in a reasonable allocation of public infrastructure costs attributable to the Project . 7 . 3 Draiaa ailitifld. The Project shall be designed to retain r� aiaage from a 100-year storm on-site . If the City imposes a drainage fee applicable to the Property, Sunrise shall receive a fair and equitable credit against this fee . The credit shall be based on the reduction in the City' s cost of building drainage improvements attributable to the Project ' s on-site retention of drainage . Drainage fees for the construction of regional drainage improvements which would be necessary regardless of the on-site drainage, shall be paid in an amount which shall be based on the City of Palm Desert Master Drainage Plan prepared by NBS/Lowry upon its adoption by the Palm Desert City Council . 7 . 4 Street improvements, Sunrise shall provide landscaping and other improvements - to all streets directly adjacent to the Property, as follows . All descriptions of street sections are approximate , and are subject to modification without amendment of this Agreement . -5- Ben i u1,-un • cic uGte� rutu i— t—au �, u is 1,0 ublyd4000SC� W'4.�.'�i`� iT -^ u A �r�� 1" I,aVV IN u e • ■ . o1yd4U i 1 1 . 4, 1 AYln11II_42 SQubhElII_PII2 fl flt cf thg Property) . The northern half of the 100-toot right of way shall be dedicated and improved to include 32-foot driving lanes , a 12-foot landscaped parkway and one-half of the 12-foot landscaped median. In addition, Sunrise shall construct the southern half of the landscaped median adjacent to Oasis Country Club , where the southern half of the street is fully improved but no median exists , 7 . 4. 2 FQrad Drive (wp Property) . The eastern half of the 110-foot right Of way shall be dedicated and improved . The western half also shall be improved , beginning one-half mile south of Country Club Drive (where improvements to the western half now end) and extending one-half mile south to the intersection of Avenue 42 . The construction of these improvements to the western half of Eldorado Drive shall be subject to a reimbursement agreement administered by the City, pursuant to which Sunrise shall be reimbursed for the cost of the improvements when the adjacent land to the west is developed . The Eldorado Drive street section shall consist of 12-foot parkways on both sides , 34 feet '!,of driving lanes in each direction and an 18-foot landscaped median. In addition to the landscaping of the 12-foot parkway. Sunrise shall also landscape 8 feet outside its perimeter wall, for a total of 20 feet of landscaped perimeter on the eastern side of Eldorado Drive. 7 .4. 3 Qagis Club Drive (Eastern P. meter of the P=ODIft ) The western half of a I00-foot right of way shall be dedicated and improved to include a 12-foot landscaped parkway, 32-foot driving lanes and a 12-foot painted center mediep . 7 .4. 4 at x of the Protarty) . Sunrise has fully improved the southern half of Country Club Drive, adjacent to the Property. The 12-foot parkway shall be landscaped , along with an additional 18 feet outside the ProjectIa north perimeter wall, for a total of 30 feet of landscaped perimeter on Country Club Drive. 7 . 4. 3 fiJAgNalka• Concrete sidewalks shall be constructed on all four perimeters of the Property, Sidewalk width shall be eight feet on Country Club and L1 Dorado nrives and six feet wide on Oasis Club Drive and 42nd Avenue . 1 7 . 4. 6 JXAffic S iEL9l,8. Sunrise shall provide for the conversion of the existing three-way traffic signal on Country Club Drive at the main project entry to a four-way configuration and pay one-fourth the coot of traffic signal installation at the intersections of Country Club Drive and Oasie , Club Drive , 42nd Avenue and Oasis Club Drive , and E1 Dorado Drive and 42nd Avenue . Traffic ai nalieation fees requited for the Project may be used as credits against these costs . -6- r r11 r 'nwi VA Id , nCVWh wi IwIV Ii 1 - 0 ww I IV I ; I UIDd4U001U" 015A00014;611 I1 OL00 14: 42 Q731 "31 1000 N G E A 1 / oc _ IO011/011 7 , 5 Ti= for CnmmgDt ent. Sunrise shall commence construction of the project within ten (10) years of the Effective Date of this Agreement . Failure to do so shall be considered a default by Sunrise , Notwithstanding the foregoing , the time for commencement may be extended by agreement of the parties upon a showing by Sunrise of good cause for the extension , 8. 0 City' s ohl Ationa. B , 1 pevelo at in Accordance with Exier,inY (�29 QyAla , To the fullest extent o! the City' s authority and jurisdiction, Sunrise shall have a vested right to design, construct , operate and maintain the Project in accordance with the Development Plan , Existing Approvals and the terms of the rules , regulations , and ordinances of the City in effect as of the Date of Enactment of this Agreement ("Local Rules,,) , The City 'shall not impose , or seek to impose, any additional requi;ements , exactions , fees or payments , or dedication or reservation requirements except those expressly set forth in the Reservation or Authority. 8 . 2 Procjgging. The City hereby acknowledges that the timoly development of the Project will benefit the public health, safety, and welfare . in recognition of this , the City and Sunrise agree to cooperate in the expeditious processing and review of all applications for further approvals required by the Project . The City shall not impose any exaction or restriction (except requirements relating to the normal processing of applications for devel pment approvals) which would delay interfere with or imped: the commencement or rate of design, construction, development or operation of the Project or any component thereof as contemplated by the Development Plan, 1 8 . 3 LZAMptian From Construction Moratorjym, The City specifically agrees and acknowledges that the Project is exempt from the construction moratorium adopted by the City on or about 'April 26 , 1990 , as set forth in Ordinance No. 602, and from any extensions to the construction moratorium which the City may adopt in the future. 8 , 4 Tba Project , including subsequent applicat one !or approvals necessary for the development of the Project in accordance with the Development Plan, shall not be subject to any changes in the Local ,Rules or new Local Rules adopted subsequent to the Date of Enactment , which would interfere or conflict with the development of the Project for the uses and to the height , design standards , density and intensity of use specified in the Development Plan, or with the rate of development of the Project , except as otherwise provided by this Agreement, including the Reservations of Authority. The City shall ,.. , . , ,.. ,.. . . , .....r.., , ... .,.. . . . iau�uou�u� aiai•luuJl4,Alj I promptly issue any permits which may be required to implement the Development Plan, provided that Sunrise is in compliance with this Agreement and the Local Rules in effect as of the Date of Enactment , 8 , 5 o Sunrise may apply for such other permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Project as may be required for the development , design, construction, or operation of the Project in accordance with the Development Plan. The City shall cooperate with Sunrise in its efforts to obtain such permits and approvals and shall assist in expediting LAFCO processing of the annexation of the Property, 8 . 6 n in Formation oP irnn In addition to the Cook StreetCF described in Section 7 . 2 , the City and Sunrise intend to consider the formation Of one or more Me which will include the Property, or a portion thereof , within theiriboundaries for the purpose of financing various off-site improvements , The City shall use its best efforts to cooperate with Sunrise in the formation and establishment of Such CFDs ; provided, however , that nothing herein shall prevent Sunrise in its sole discretion from voting against the formation of any CFD, with the exception of the Cook Street CFD. 910 Limits ions . Reservations andUemptinna . 9 . 1 Reservati" of Attthnra+v, Notwithstanding any otheri provision of this Agreement , the following rules , regulations and ordinances of the City which may come into effect after the Date of Enactment of this Agreement shall apply! to the development of the Property. A. Procedural regulations relating to hearing bodies , petitions , applications , notices , findings , records , hearings , reports , recommendations , appeals and any other matter, of procedure . B. Changes in regulations governing construction standards and specifications after the effective date of this Agreement which are required by changes in state or federal law or federal laws or regulations , or by changes in the uniform building code, plumbing code, mechanical code , electrical code, fire code and grading code . C. Processing fees and Charges of every kind and nature imposed by the City, on a uniform City-wide basis at the time such fees are due, to cover the estimated actual costs to the City of processing applications for development approvals or for monitoring compliance with any development approvals granted or issued . -8- D, Regulations which may be in conflict with the Development Plan, but which are reasonably necessary to project the public health and safety; to the extent possible , any such regulation shall be applied and construed so as to provide Sunrise with the rights and assurances provided under this Agreement . of Sunrise . E. Regulations applied with the written consent 9 . 2 Future RegulAt,i=- Nothing herein shall prevent the City, in subsequent discretionary approvals for the Project , from applying new rules regulatione , or ordinances (1 ) not inconsistent or in conflict with the Local Rules or with the purpose$ and conditions of this Agreement , and (2) which do not interfere or conflict with the heiiht , density or intensity not forth in the Development Plan or with the rate of development selected by Sunrise . 9 . 3 State a2d odor&! Laws The Project shall be subject to existing and future state and federal laws and regulations , together with any City land use regulations , programs and actions , or inaction, which are reasonably (taking into consideration, among other things , the assurances provided to Sunrise hereunder) adopted or undertaken by the City in order to comply with state and federal laws and regulations ; provided , that in the event that state or federal laws and regulations prevent or preclude compliance with one or more Iprovie1 4 of this Agreement , such provisions shall be modified or suspended as may be necessary to comply with such state . and federal laws and regulations , In ouch event , this Agreement shall remain in full force and effect to the extent that it is not inconsistent with such laws and regulations and that performance of the remaining provisions would not be inconsistent with the intent and purposes of this Agreement . 9 . 4 F„llPxtent of Lai, The parties acknowledge and agreeithat the City is restricted in its authority to limit its police power by contract and that the foregoing limitations , reservations and exceptions are intended to reserve to the City all of its police power which cannot be so limited . 16 . 0 Periodic Review of Ccm;lI&pG@ 10 . 1 E1Anning Commission Review, The Planning Commission, at a public hearing, shall conduct a compliance review of this Agreement within six months from the Date of Enactment , and annually thereafter . At least one week prior to the Planning Commission com Hance hearing , Sunrise shall submit a letter to the Planning Commission, demonstrating its good faith compliance with this Agreement . If the Planning Commission finds that Sunrise has demonstrated good faith compliance with this Agreement , the annual review shall be deemed concluded . -9- 10. 2 *A1 to City If, the planning Commission finds and determine. on the basis of substantial evidence that Sunrise has not complied in good faith with this Agreement , the Planning Commission shall (1) specify actions to be taken to cure the default under the Agreement , (2) propose the modification of the Agreement, or (3) propose the termination of the Agreement . Sunrise shall have the right to a peal any portion of any such action to the City Council within thirty days of the date of the Planning Commission action. 10 . 3 v Coungj] ActiQjy Upon appeal by Sunrise pursuant to Section 10 , 2 herein, the City Council shall conduct a hearing to determine whether Sunrise is in good faith compliance with this Agreement , If the City Council determines that Sunrise is in good faith compliance , the annual review process shall be deemed completed . If the City Council finds that Sunrise has not complied in good faith with this agreement , it shall (1) specify actions to be taken to cure the default under the Agreement , (2) modify the Agreement , or (3) terminate the Agreement . 1Y . 0 7m, This Agreement Shall commence on the Effective Date and shall continue in effect for twenty years from the Effective Date . This term is intended to provide sufficient time for the full repayment of the bonds to be issued by the CFD referred to in Section 7 . 2, or of any other debt obligations incurred in lieu of such bonds . If the parties determine that a longer period is necessary to achieve the Purpose stated herein, the term of this Agreement may be extended by the further written agreement of the parties in accordance with Section 12 . 3 . 12 . 0 AmandM=. 12 . 1 Initiation of Amead=t, Either party may propose an amendment to this Agreement. Except as otherwise provided herein, cancellation or amendment shall follow the notice and hearing requirements established by applicable law for the consideration of development agreements . 12 . 2 TnsLhstaatial Deviatinna from ngya nDment Atin , Any insubstantial deviation from the Development Plan with respect to the location , size, or height of structures , streets , and other physical facilities , as determined by the Director of Planning, may be approved by the person or body with ,juthority to approve the Plana for such facilities without amendment of this A :eement , n accordance with City policy. Insubstantial deviat�one shall include , without limitation, the introduction of different housing product types and the replotting of the locations of houses , so long as such -10- W I.OI un I : . <bJylcr [Q,� ill— [—�U IV• I r � 19�i000yC^ 01yd6UUb'la�lilp deviations are not inconsistent with (a) the permitted uses described in Exhibit 9 , and (b) City policy in effect at the time of entry into this Agreement . 12 , 3 Conflict With Purposes of Thiss A¢rzament. Upon agreement of the parties hereto , memoranda of administrative interpretation may be entered into regarding any aspect of this Agreement which does not relate to permitted uses , density or intensity of use , height or alma of buildin s , provisions for reservation of land ,. conditions , restrictions and requirements relating to subsequent discretionary approvals , rate of development , or the term of the Agreement . 53 . 0 Lirtial invalid tv. if any material provision of this Agreement is determined to be void , invalid , or illegal by a final �udgmsnt of a court of competent jurisdiction, the parties may a) amend this Agreement pursuant to the procedures set forth herein, or (b) by mutual agreement of the parties , terminate the Agreement . 14, 0 La awy_AU1.LtX' it is acknowled4ed and agreed by the parties hereto that ' any assurances provided to Sunrise with respect to the imposition of additional exactions , regulations , or restrictions affecting permitted uses , intensity of use , dunelLy, heirbt , or the rate of development of the ProjAdt are (a) intendsd .to be relied upon by Sunrise; (b) made in exchange for valuable and adequate consideration provided by Sunrise in the ;form of covenants and commitments as set forth in this Agreement ; and (c) made with the understanding that such assurances will not be amended , changed, or increased except as prov�ded herein. iS . o Remedies• 15 . 1 :, S.Lij - Performance. The parties agree and understand that a breach of this Agreement may result in irreparable harm to the non-breaching party, and that specific performance of this Agreement is a proper and desirable remedy. 15 . 2 Withdrawal . In the event that Sunrise is unable to construct and operate the Project in a manner set forth in the Development Plan and this Agreement because of (a) this Agreement or any portion hereof being determined to be invalid or hinenforesable , (b) the imposition of any exaction, restriction, or change in the Local Rules not specifically provided for in this Agreement , or (c) Sunrise reasonably determining that the Project , despite good faith efforts , is economically infeasible , in addition to any other remedy which it might possess , Sunrise shall have the right upon written notice to the City to withdraw from this Agreement . -11- ' . r .. .• YYVYVYYIYIA IO rnereafter , the Oily and G(inriao shall be releaued frnm nny and all further liabilities or obligations hereunder . Sunrise ' e notice to the City that it is withdrawing from this Agreement shall constitute a waiver of Sunrise ' s rights hereunder and the Project shall be subject to City review according to the rules and regulations in existance at that time. 16 . 0 Mortgagee Protection. No breach of this Agreement shall defeat , reader invalid , diminish or impair the lien of any deed of trust or mortgage made in good faith and for value, and no holder of a deed ' of trust or mortgage ("Mortgagee") shall have an obligation or duty under, this Agreement to perform Sunrise ' s obligations or to guarantee such performance . Notwithstanding the foregoing , any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof , by a Mortgagee (whether under or -pursuant to a mortgage , foreclosure , trustee ' s sale, deed in lieu of foreclosure , or otherwise) , shall be Subject to all of the terms and conditions contained in this Agreement . 17 . 0 Miseeilaneous roviei na . 17 . 1 Tncooryyoration of Exhibits . Exhibits A and B, attached hereto, are incorporated herein by this reference . 17 . 2 g AWff j ated. It is understood and agreed to by the parties that the Project is a private development , that neither party is acting as the agent of the other in any respect and that no partnership, joint venture or other asso,Ciation of any kind is formed by this Agreement . 17 ,3 E2x=_ aj e. Neither party Shall be deemed to be in default where failure or delay in performance of any of its : obligations under this Agreement is caused by floods , earthquakes , other Acts of God, fires , wars , riots or similar hostilities , Strikes and other labor difficulties beyond such party' s control , government regulations , court actions (such as restraining orders or injunctions) or other causes beyond such paray' e control . if any such events shall occur , the term of this Agreement and the time for performance by either party of any ; of its obligations hereunder shall be extended by the period of time that such events prevented Such performance , provided that the terms of this Agreement shall not be extended Por ! a period which Would cause this Agreement or p rovi SnS her of to be void as violating the rule against per etuite 17 . 4 i:o Third Party $anelicaaries . This Agreement is entered into for the sole protection and benefit of the parties andltheir Successors and assigns . No third-party beneficiaries arecreated by this Agreement . -12- yI 'nVI I JI ::V/fir IV*0 , 'V r IV ; - 0 r u 'JJrwuJL~ Vry,�VU:i�rAll F 17 . 5 A�.i.i.gnmint. This Agreement shall not be assigned or otherwise transferred without the prior written consent of the City; provided , however , that such approval shall not be unreasonably withheld . This Agreement shall benefit and bind all subsequent transferees . Express assumption of any of the obligations hereunder by any transferee permitted by this paragraVh shall relieve the transferor from any assumed obligation. 17 . 6 Entire AgTeeman" , This Agreement constitutes the entire Agreement between the parties with respect to the sub;ect matter of the Agreement . 17 , 7 Recitals . The recitals to this Agreement constitute part of this Agreement . Each party shall be entitled to rely on the truth and accuracy of each recital as an inducement to enter into this Agreement . 17 . 8 Further Actions and Tnstrimen,, Upon the request of either party, the other party shall promptly ezecute , with acknowledgment or affidavit if reasonably required , and file or record such required instruments or writings , including estoppel certificates , and take any actions that may be reasonably necessary under the terms of this Agreement to carry out the intent, fulfill the provisions , and evidence or consummate the transactions contemplated by this Ag r e salient . 17 . 9 Notices , All notices required or provided for under this Agreement shall be in writing and delivered in person or sent certified mail , postage prepaid and addressed as foll � To City: City of Palm Desert 73-310 Fred Waring Drive Palm Desert, California 92260 Attn; To Sunrise : Sunrise Desert Partners _ 42-600 Cook Street , Suite 200 Palm Desert , California 92260 Attn: Phillip X. Smith, Jr . with a copy to : Nossaman, Guthner , Knox & Elliott 650 Town Center Drive , Suite 1250 Costa Mesa, California 92626 Attn: Jean 0. Melious , Esq. Any notice given as required herein shall be deemed givenjigeventy-two hours after deposit in the United States mail or upon receiipt . A party may change its address for notices by giving notice in writing to the other party as required herein. -13- y LNi /i 1., Jn ptpbJr/JI raf• I I ♦♦ Jy r IV ' iJ I YyiybYVVY V IJVVVVyli.111,� , 1 original , but all of which shall constitute one and the acme instrument , 17 . 12 8cld Harml�gg, Sunrise agrees to and shall hold City, its officers , agents , employees and representatives harmless from liability for damage or claims for damage for personal injury, including death, and claims for property damage which may arise from the direct or indirect operation of Sunrise or those of its contractors , subcontractors , agent, employee , or other person acting on its behalf which relate to the Project . Sunrise agrees to and shall defend City and its offitere , agents , employees and representatives from actions for damages caused or alleged to have been caused by reason of Sunrise ' s activities in connection with the Project . This prov�Sion appliee to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this par& raph, regardless of whether or ubt the City prepared , suppliel or approved plans or specifications or both for the Project . it does not apply to negligent acts or omissions by the City, Sunrise further agrees to indemnify, hold harmless , pay all costs and provide a defense for City in any action challenging the validity of this Agre¢ment • 17 . 13 Reimbursement of Costs . Sunrise shall pay to Cityl its direct costs associated with entering into this Aare ment , as shown on itemized City invoices , Such costs shah be paid prior to issuance of final approvals . TN WITNESS WHEREOF, the parties hereto have executed this !Agreement on the date(s) set forth below, as of the day and }dear first above written, Date "City" I CIT= OF PALM DESERT � gY Its I -14- .. . . , . .. .,. , . ......, , ... �v � • Iv 1uu�,vuuau" oiJJUUU7 � • !tl Date : "Sunrise" SUNRISE DESERT PARTNERS By Sunries Corporation Ito General Partner By ,.. Its Date APPROVED AS TO rORM; City Attorney City of Palm Desert Date: ATTEST: City Clerk City of Palm Desert -15- EXXIBIT A Prcyar y Datc�ri_atien Indian Bide c6untry club All of Section 11 , T5S , SBBM -ib- , MMIBIT B DEYslQpmen� tt PIA" 1 , permitted t1a■. �� +t,. s Rousing, ls including aahed nntttwo- ty home and attached homes containingfromwo to six units per building; Two eighteen-hole golf courses and ancillary facilities , including but not limited to maintenance facilities , half-way houses with snack shops and rest rooms ; Entry complexes ; Sales , resales and rentals building; A clubhouse , including golf , tennis and health spa Facilities , dining rooms, freestanding grill room/snack shop, lounges , banquet and meeting rooms , golf pro shops , a tennis and spa pro shop, at least fourteen tennis courts (seven night-lighted) , four ero night-lighted paddle tennis courts , two night-lighted quet courts , swimming pools , locker room facilities , child care center and teen activity room, The power source for the building may consist of a cogeneration facility, 2 . y=imum 8e I ghts of B1f; 1A; The maximum height of residential buildings will be 30 feet , The maximum height of the clubhouse will be 60 feet . The maximum height of ancillary 401f facilities (including golf maintenance facilities , half-wayy houses with snack Shops and rest rooms) will be 30 lest . The maximum height of entry complexes will be 30 feet . The maximum height of the sales ,. resales and rentals building Will be 30 feet . -17- ;ENT 5t :Xarox Teleco. ier 7020 ; 11- 2-90 ; 10:21 6193dG689d- 61�3400o7��s2Z 3 , 4eneityy and Intensity of Unaf HjurfiftIlIft eiae of Ituir inaa Residential , No more than 1 , 500 homes shall be constructed . This constitutes a density of approximately 2 . 35 unite per acre. Homes shall range in size from 1 ,200 to 4, 000 square feet. , Clubhouse : The clubhouse shall not exceed 125 , 000 square feet in size . The freestanding grill room/snack shop shall not exceed 5 ,000 square feet . Ancillary golf facilities , including golf maintenance facilities , half-way houses with snack shops and rest rooms , shall not exceed 40 , 000 square feet . Entry complexes shall not exceed 7,500 square feet . The sales , resales and rentals building shall not exceed 5 , 000 square feet . JJr : l1 -18- 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: October 19, 1990 Sunrise Desert Partners 46-200 Cook Street, Suite 200 Palm Desert, CA 92260 Re: ✓Vesting TT 26123, PP 90-21 and Development Agreement The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of October 16, 1990. Planning commission continued the development agreement to November 6, 1990 by minute motion; approved Vesting TT 26123, subject to conditions as amended, by adoption of Resolution No. 1478; and approved PP 90-21, subject to conditions, by adoption of Resolution No. 1479. Motions Carried 4-0-1 (Commissioner Jonathan abstained) . Any appeal of the above action may be made in writing to the Director of Community Development, City of Palm Desert, within fifteen ( 15 ) days of the date of the cision. �r1Ld7�I�• RAM N A. DIAZ, C ARY PALM DESERT PLANNI COMMISSION RAD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal PLANT 'G COMMISSION RESOLUTION P 1478 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND VESTING TENTATIVE TRACT MAP FOR A 1278 UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT IN SECTION 11 T5S R6E. CASE NO. VESTING TT 26123 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of October, 1990, hold a duly noticed public hearing to consider the request of SUNRISE DESERT PARTNERS for approval of a Negative Declaration of Environmental Impact, vesting TT 26123 for a 1278 unit residential condominium development on Section 11, T5S R6E; 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. 80-89, " in that the director of community development has determined that the project will not have an adverse 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 approval of said vesting map and Negative Declaration of Environmental Impact: ( a) That the proposed vesting map is consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. (c) That the site is physically suitable for the type of development. ( d) That the site is physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. ( f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. PLANNING COMMISSION F UUTION NO. 1478 WHEREAS, in the review of this tentative tract map the planning commission has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources. 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 the Negative Declaration of Environmental Impact Exhibit "A" and Vesting Tentative Tract Map No. 26123 are hereby recommended to the city council for approval for the reasons set forth in this resolution and in the staff report dated October 16, 1990 and subject to the attached conditions, Exhibit "B" . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of October, 1990, by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARDS, AND WHITLOCK NOES: NONE ABSENT: NONE ABSTAIN: JONATHAN CAROL WHITLOCK, Chairperson ATTEST: Orr RAM N A. DIAZ, S c • ary SRS/tm 2 PLANNING COMMISSION iOLUTION NO. 1478 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NOS: Vesting TT 26123, PP 90-21 and Development Agreement APPLICANT/PROJECT SPONSOR: Sunrise Desert Partners 46-200 Cook Street Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Vesting tentative tract map for a 1278 unit residential condominium golf course and country club development in Section 11, T5S R6E SBBM. 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. October 16, 1990 . RAM ON A. DIAZ I DATE DIRECTOR OF COMMUNa DEVELOPMENT ' SRS/tm 3 PLANNING COMMISSION R )LUTION NO. 1478 EXHIBIT "B" CONDITIONS OF APPROVAL CASE NO. VESTING TT 26123 Department of Community Development/Planning: 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. The approval of this vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by the Subdivision Ordinance for the expiration of the approval of a tentative map. 3 . That the rights contained in the tentative vesting map shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Condition 2 above. If the final map is approved then 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. 4. 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. 5. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Desert Sands Unified School District 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. 6. That the setbacks for dwellings in this project shall be as required in the precise plan, PP 90-21 . 7. That the approval shall be null and void unless said property is annexed to the City of Palm Desert. 4 PLANNING COMMISSION 30LUTION NO. 1478 8. That the landscape theme for the development include significant areas of drought tolerant landscape materials to reduce water usage and that all parkway landscaping within the right-of-way shall be drought tolerant subject to approval of the Environmental Conservation Manager. 9 . That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance 612, said enclosures subject to approval of Environmental Conservation Manager. 10. That the street plans provide marked on the street bicycle lanes on El Dorado, 42nd Avenue and Oasis Club Drive. The bicycle lane on Country club will be on the sidewalk. Department of Public Works: 1 . The project shall be designed to retain drainage from a 100-year storm on-site. Drainage fees for the construction of regional drainage improvements which would be necessary regardless of the on-site drainage retention shall be paid prior to the recordation of the final map. The amount of these fees shall be based upon the City of Palm Desert Master Drainage Plan prepared by NBS/Lowery upon its adoption by the Palm Desert City Council . 2. Any drainage/retention are facilities 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. 3. Applicant shall provide for the conversion of the existing three- way traffic signal on Country Club Drive at the main project entry to a four-way configuration and pay one-fourth the cost of traffic signal installation at the intersections of Country Club Drive and Oasis Club Drive, 42nd Avenue and Oasis Club Drive, and El Dorado Drive and 42nd Avenue. The payment of these costs shall coincide with the approval and recordation of the associated final maps. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of building permits. Traffic signalization fees required for this project may be used as credits against traffic signal costs. 4. 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 5 PLANNING COMMISSION R JLUTION NO. 1478 approved by the public works department and a surety posted to guarantee the installation of required offsite improvements prior to recordation of the final map. 5. 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. Minimum improvements shall include, but not be limited to the following: Country Club Drive: * C o n s t r u c t i o n o f a deceleration/acceleration lane for main entry. * Construction of an 8 foot wide meandering sidewalk. * Installation of perimeter landscaping as approved by the City of Palm Desert. Oasis Club Drive: * Construction of curb and gutter and AC paving at 38 feet from centerline. * Construction of a 6 foot wide sidewalk. * Installation of perimeter landscaping as approved by the City of Palm Desert. E1 Dorado Drive: * Construction of curb and gutter and AC paving at 43 feet from centerline. * Construction of a deceleration lane at the maintenance are entry and Country Club Drive intersection. * Construction of one-half of a raised, landscaped median island. * Construction of an 6 foot wide meandering sidewalk. * Installation of perimeter landscaping as approved by the City of Palm Desert. 42nd Avenue: * Construction of curb and gutter and AC paving at 38 feet from centerline. * Construction of a 6 foot wide sidewalk. * Construction of one-half of a raised, landscaped median island in the roadway section where no improvements currently exist and construction of a full raised, landscaped median island in the roadway section where improvements currently exist south of centerline. * Installation of perimeter landscaping as approved by the City of Palm Desert. 6 PLANNING COMMISSION iOLUTION NO. 1478 Interior Streets: * Improvements as shown on the tentative map. In addition to the above noted items, those traffic mitigation measures identified in the project Traffic Impact Analysis prepared by Weston Pringle and Associates shall be provided. The subject report and proposed mitigation measures shall be approved by the public works department. 6. 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. 7. Traffic safety striping on Country Club Drive, Oasis Club Drive, 42nd Avenue, E1 Dorado Drive and all interior streets shall be provided to the specifications of the director of public works and shall include the use of approved thermoplastic paint and raised pavement markers. A traffic control plan must be submitted to, and approved by, the director of public works prior to the issuance of any permits associated with this project or placement of any pavement markings. B. Developer shall participate in the proposed City of Palm Desert Mello-Roos Community Facilities District (Cook Street Improvements) or assessment district to the extent determined by the "Special Tax Report" to be filed in connection with the proceedings of the City of Palm Desert, in the Office of the City Clerk of the City of Palm Desert. The maximum obligation associated with this project shall be $1, 687, 712.00. 9. Landscaping maintenance on the property frontages shall be provided by the property owner and/or property owners association. 10. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans and specifications shall be submitted to the director of public works for checking and approval prior to issuance of any permits. 11 . Complete tract map shall be submitted as required by ordinance to the director of public works for checking and approval before issuance of any permits. 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. 7 PLANNING COMMISSION R JLUTION NO. 1478 13 . Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 14. Waiver of access to Country Club Drive, E1 Dorado Drive, 42nd Avenue and Oasis Club Drive, except at approved locations, shall be granted on the final map. 15. Applicant shall pay Transportation Uniform Mitigation Fees (TUMF) in accordance with applicable city ordinance. Payment of these fees shall be credited against the City of Palm Desert Mello-Roos Community Facilities District (Cook Street Improvements ) in the event such a district is formed. 16. Half street right-of-way at fifty-five feet on Country Club Drive, fifty-five feet on E1 Dorado Drive, fifty feet on 42nd Avenue and fifty feet on Oasis Club Drive for dedication on the final map. 17. Improvement plans for water and sewer systems shall be approved by the respective service districts with "as-built" plans submitted to the department of public works prior to project final . 18. As required by the Palm Desert Municipal Code, all existing overhead utilities shall be placed underground per each utility districts recommendation. Applicant agrees to join in any assessment district which may be formed for the undergrounding of those existing overhead facilities which cannot currently be undergrounded due to their size. 19 . A complete preliminary soils investigation, prepared by a registered soils engineer, shall be submitted to and approved by the public works department prior to the issuance of any permits. SRS/tm 8 PLAN? G COMMISSION RESOLUTION N. _ 1479 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PRECISE PLAN FOR A 1278 UNIT COUNTRY CLUB TYPE RESIDENTIAL/CONDOMINIUM PROJECT WITH RELATED AMENITIES ON 637 ACRES IN SECTION 11 T5S R6E SBBM. CASE NO. PP 90-21 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of October, 1990, hold a duly noticed public hearing to consider the request of SUNRISE DESERT PARTNERS for the above mentioned project; 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. 80-89, " in that the director of community development has determined that the project will not have an adverse 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 to exist to justify their actions: 1 . The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. 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 the Negative Declaration of Environmental Impact Exhibit "A" attached is hereby recommended to the city council for certification. 3. That Precise Plan PP 90-21 on file in the department of community development is hereby recommended to the city council for approval, subject to conditions (Exhibit "B" ) . PLANNING COMMISSION R ILUTION NO. 1479 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of October, 1990, by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARDS, AND WHITLOCK NOES: NONE ABSENT: NONE ABSTAIN: JONATHAN CAROL WHITLOCK, Chairperson ATTES ' RAM N A. DIAZ, Sectptary . SRS/tm 2 PLANNING COMMISSION SOLUTION NO. 1479 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NOS: Vesting TT 26123, PP 90-21 and Development Agreement APPLICANT/PROJECT SPONSOR: Sunrise Desert Partners 46-200 Cook Street Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Vesting tentative tract map for a 1278 unit residential condominium golf course and country club development in Section 11, T5S R6E SBBM. 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. ne��Jv Z� October 16, 1990 RAM ON A. DIAZ DATE DIRECTOR OF COMMUN DEVELOPMENT SRS/tm 3 PLANNING COMMISSION F. 3LUTION NO. 1479 EXHIBIT "B" CONDITIONS OF APPROVAL CASE NO. PP 90-21 Department of Community Development/Planning: 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. 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. 3 . Construction of a portion of said project shall commence within one year 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. 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 Desert Sands Unified School District 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. Payment of fringe-toed lizard mitigation fees in amount of $600.00 ($600 per acre prorated) required prior to issuance of grading permit or evidence such fee has been paid. 6. That exterior lighting on the site comply with Riverside County Ordinance No. 655 ( i.e. lighting fixtures emitting 4050 or more lumens must be low pressure sodium in nature) . 7. That the proposed wall along 42nd Avenue be moved 8 feet to the north to provide a minimum 20 feet of setback from the curb face to the wall or alternatively the applicant resubmit a landscape 4 PLANNING COMMISSION 30LUTION NO. 1479 plan for this section providing substantial landscaping pockets to buffer the effect of a long straight wall to the satisfaction of the architectural review commission. B . That the country club maintenance facility shall provide sufficient onsite parking area for all maintenance employees. 9. That the setbacks for units on this condominium project shall be as shown on the "typical setback" plan dated October 9, 1990 on file with the department of community development. Minimum setbacks to a head-in garage shall be 20 feet. Minimum front setback to a side-in garage shall be 10 feet with a 25 foot driveway backup area. 10. That the street plan provide on the street bicycle lanes on El Dorado, 42nd Avenue and Oasis Club Drive. The bicycle lane on Country Club to be on the sidewalk. 11. That this approval shall be null and void unless said property is annexed to the City of Palm Desert. 12. That the landscape theme for the development include significant areas of drought tolerant landscape materials to reduce water usage and that all parkway landscaping within the right-of-way shall be drought tolerant subject to approval of the Environmental Conservation Manager. 13. That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance No. 612, said enclosures subject to approval of Environmental Conservation Manager. 14. Project is subject to Art in Public Places fee per Ordinance No. 473. 15. Landscape plans for the club house area shall comply with parking lot tree planting master plan. SRS/tm 5 ��c:i3iDE e®uncy aUnnine i)rc?Ancmrcnc RECEIVED MGB: 10456 DO OCT 3 1990 September 27 , 1990 COMMDNITy DEVELOPMENT DEPART Clry OE PALM DE8ER7RE RE: City of Palm Desert _ Attn:--Ramon A. Diaz FROMCv-ps;ting iverside County Planning Department ike Bacon, Senior Planner S� v RE: Tract 26123VL VIA: .AX_3.4.0-.0574-- '/ Thank you for the opportunity to review the proposed p ans f r this project. We offer the following preliminary comments: 1) We would like to have a copy of the completed environmental assessment. 2 ) Traffic, acoustical and air quality studies should be performed . 3 ) All streets should be to City standards. 4) Landscaping should be incorporated along Country Club Drive. 5) Archaeological and biological impacts need to assessed. 6) Consideration needs to be given to the impact of the hazards of golf balls being driven on adjoining residential properties . 7) Wind and soil erosion measures are needed. 8) The site lies within the radius of Mt. Palomar Observatory. Special lighting considerations should therefore be addressed. 9) A mitigation fee for the Fringed-toed Lizard will be necessary. 4080 LEMON STREET, 9TH FLOOR 79733 COUNTRY CLUB DRIVE, SUITE E RIVERSIDE, CALIFORNIA 92501 BERMUDA DUNES, CALIFORNIA 92201 (714) 787-6181 (619) 342-8277 INTEROFFICE MEMORANDUM TO: Department of Community Development/Planning Attention: Steve Smith FROM: Richard J. Folkers, Asst. City Manager/Public Works Director SUBJECT: VESTING TENTATIVE TRACT MAP NO. 26123; SUNRISE COMPANY DATE: October 16, 1990 As a result of recent meetings between the applicant and city staff the public works department is requesting the following conditions of approval for the above referenced project be modified as indicated. (3) Delete condition. (4) Applicant shall provide for the conversion of the existing three-way traffic signal on Country Club Drive at the main project entry to a four- way configuration and pay one-fourth the cost of traffic signal installation at the intersections of Country Club Drive and Oasis Club Drive, 42nd Avenue and Oasis Club Drive, and El Dorado Drive and 42nd Avenue. The payment of these costs shall coincide with the approval and recordation of the associated final maps. Signali.zation fees, i❑ accordance with City of. Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of building permits. Qn-VAN9 &w C (6) Sidewalk width on El Dorado Drive shall be 6 feet. (9) Developer shall participate in the proposed City of Palm Desert Mello- Roos Community Facilities District (Cook Street Improvements) or assessment district to the extent determined by the "Special Tax Report" to be filed in connection with the proceedings of the City of Palm Desert, in the Office of the City Clerk of the City of Palm Desert . The maximum obligation associated with this project shall he $1, G87,712.00. (16) Applicant shall pay Transportation Uniform Mitigation Fees (TUMF) in accordance with applicable city ordinance. Payment of these fees shall be credited against the City of Palm Desert Mello-Roos Community Facilities District (Cook Street. Improvements) in the event such a district is formed. eRIARD J. cFOLKERS, P.E. (ptupsl406123.rev) t ' � , / � / � / ' � � � � �/ 1 Li_.' • � � / j J, �� : � 7 � / I 1 , I • •, 11 1 � / I / � �_. I i � � �� % ,� �� � i iI �� / � � / � � �� i l �. i /; i i ,. l �' ./ �i � , ./ y� � / � � / / i 0 i / i // � i � • J i � �� / � r � y r./ � � f. � y / , � /, � � /� / �/ W Qom! l z-�4-90 NOTICE OF DETERMINATION Negative Declaration TO: (X) Clerk of the Board of Supervisors (X) Secretary for Resources County of Riverside 1416 Ninth St. , Rm 1311 4080 Lemon Street Sacramento, CA 95814 Riverside, CA 92502 FROM: CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title/Common Name: Indian Ridge Country Club Vesting TT 26123 and PP 90-21 Date of Project Approval : December 13, 1990 State Clearinghouse Number ( if submitted) : SCH 90021039 Contact Person: Steve Smith Project Location: Section 11, T5S R6E Project Description: Residential/condominium development with two 18 hole golf courses. This is to advise that the City of Palm Desert has made the following determinations regarding the above described project: 1. The project ( ) will, (X) will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared in connection with this project pursuant to the provisions of CEQA. X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the Negative Declaration may be examined at the above city hall address. 3. Mitigation measures (X) were, ( ) were not, made a condition of the approval of the project. 4. A statement of Overriding Considerations ( ) was, (X) was not, adopted for this project. Signature Title Date Received for Filing i i w 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 January 7 , 1991 Mr . Alan Levine c/o Sunrise Desert Partners 42-600 Cook Street , Suite 200 Palm Desert , California 92260 Dear 1]r 'ne Subject: Approval of Vesting Tentative Tract Map, Precise Plan of Design, Draft Development Agreement and Negative Declaration of Environmental Impact At its regular meeting of December 13 , 1990 , the Palm Desert City Council considered the subject request and took the following action : 1 ) Adopted Resolution 90- 145, approving Vesting Tentative Tract Map 26123 , subject to conditions . 2 ) Adopted Resolution 90- 146 , approving PP 90-21 , amended to include conditions relative to perimeter wall treatment , clubhouse height , and undergrounding district. 3 ) Passed Ordinance No. 627 to second reading, approving a development agreement . Attached are fully-executed copies of the above resolutions with the additional conditions 1 , 2 , and 3 on page 5 of Resolution No . 90- 146 . The Council will consider adoption of the ordinance at its meeting of January 1 , 1991 ; we will then forward a fully-executed copy to you for your records . If you have any questions.'or require any additional information , please do not hesitate to contact us . Sincerely, SHEILA R . GILLIGAN CITY CLERK/PUBLIC INFORMATION OFFICER SRG :meh RESOLUTION NO. 90-146 a ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PRECISE PLAN FOR A 1278 UNIT COUNTRY CLUB TYPE RESIDENTIAL/CONDOMINIUM PROJECT WITH RELATED AMENITIES ON 637 ACRES IN SECTION 11 T5S R6E SBBM. CASE NO. PP 90-21 WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of November, 1990, hold a duly noticed public hearing which was continued to December 13, 1990, to consider the request of SUNRISE DESERT PARTNERS for the above mentioned project; 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. 80-89, " in that the director of community development has determined that the project will not have an adverse 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 to exist to justify their actions: 1 . The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. 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 the Negative Declaration of Environmental Impact Exhibit "A" attached is hereby certified. 3 . That Precise Plan PP 90-21 on file in the department of community development is hereby approved, subject to conditions ( Exhibit "B" ) . RESOLUTION NO. 90-1 ' -. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 13th day of December, 1990, by the following vote, to wit: AYES : BENSON, CRITES, KELLY, WILSON, SNYDER NOES : NONE ABSENT : NONE ABSTAIN: NONE '�� — l , _ — WALTER H. SNYDER, Mayor ATTEST: i SHEILA R . GILLTGAN, City erk City of Palm Desert, Ca ornia SRS/tm 2 RESOLUTION NO. 90-146 , EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: PP 90-21 APPLICANT/PROJECT SPONSOR: Sunrise Desert Partners 46-200 Cook Street Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Ptecise plan of design for a 1278 unit residential condominium golf course and country club development in Section 11, T5S R6E SBBM. 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. December 13, 1990 RAMON A. DIAZ DATE DIRECTOR OF COMMUNITY DEVELOPMENT SRS/tm 3 RESOLUTION NO. 90- " EXHIBIT "B" CONDITIONS OF APPROVAL CASE NO. PP 90-21 Department of Community Development/Planning: 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. 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. 3 . Construction of a portion of said project shall commence within one year from -.e date of final approval unless an extension of time is grant . Dtherwise said approval shall become null, void and of no effect .jhatsoever. Prior to issuance of a building permit for construction of any us contemplated by this approval, the applicant shall first obtai. permits and/or clearance from the following agencies: Coachella Vall Water District Palm Desert Architectural Commission - City Fire Marshal Public Works Department Desert Sands Unified School District Evidence of said permit or clearance from the above agencies shall be presented to the depar- -it of building and safety at the time of issuance of a building it for the use contemplated herewith. 5 . Payment of fringe-toed lizard mitigation fees in amount of $600 .00 ( $600 per acre prorated) required prior to issuance of grading permit or evidence such fee has been paid. 6 . That exterior lighting on the site comply with Riverside County Ordinance No. 655 ( i.e. lighting fixtures emitting 4050 or more lumens must be low pressure sodium in nature ) . 7 . That the proposed wall along 42nd Avenue be moved 8 feet to the north to provide a minimum 20 feet of setback from the curb face to the wall or alternatively the applicant resubmit a landscape plan for this section providing substantial landscaping pockets to buffer the effect of a long straight wall to the satisfaction of the architectural review commission. 4 RESOLUTION NO. 90-14F a 8. That the country club maintenance facility shall provide sufficient onsite parking area for all maintenance employees. 9 . That the setbacks for units on this condominium project shall be as shown on the "typical setback" plan dated October 9, 1990 on file with the department of community development. Minimum setbacks to a head-in garage shall be 20 feet. Minimum front setback to a side-in garage shall be 10 feet with a 25 foot driveway backup area. 10. That the street plan provide on the street bicycle lanes on E1 Dorado, 42nd Avenue and Oasis Club Drive. The bicycle lane on Country Club to be on the sidewalk. 11 . That this approval shall be null and void unless said property is annexed to the City of Palm Desert. 12. That the landscape theme for the development include significant areas of drought tolerant landscape materials to reduce water usage and that all parkway landscaping within the right-of-way shall be drought tolerant subject to approval of the Environmental Conservation Manager. 13. That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance No. 612, said enclosures subject to approval of Environmental Conservation Manager. 14. Project is subject to Art in Public Places fee per Ordinance No. 473 . 15. Landscape plans for the club house area shall comply with parking lot tree planting master plan. City Council Conditions: 1. Developer shall consult with the Art-in-Public Places Subcommittee ( in terms of treatment to perimeter walls) . 2. If the clubhouse is to be higher than 50 feet, renderings shall be submitted to council for review and approval . 3 . Staff instructed to examine formation of the undergrounding district to get it going now. SRS/tm 5 iivrsimrc coum ?Lanninc mminmoi: RECEIVED MGB: 10456 DO OCT 3 1990 September 27 , 1990 00EJPNEW UE DE,,0EM PALM RE: City of Palm Desert Attn: Ramon A. Diaz FROM: Riverside County Planning Department Mike Bacon, Senior Planner RE: Vesting Tract 26123 VIA: FAX 340-0574 Thank you for the opportunity to review the proposed plans for this project. We offer the following preliminary comments: 1 ) We would like to have a copy of the completed environmental assessment. 2 ) Traffic, acoustical and air quality studies should be performed . 3 ) All streets should be to City standards. 4) Landscaping should be incorporated along Country Club Drive. 5) Archaeological and biological impacts need to assessed. 6) Consideration needs to be given to the impact of the hazards of golf balls being driven on adjoining residential properties. 7) Wind and soil erosion measures are needed. 8) The site lies within the radius of Mt. Palomar Observatory. Special lighting considerations should therefore be addressed. 9) A mitigation fee for the Fringed-toed Lizard will be necessary. 4080 LEMON STREET, 9TH FLOOR 79733 COUNTRY CLUB DRIVE, SUITE E RIVERSIDE, CALIFORNIA 92501 BERMUDA DUNES, CALIFORNIA 92201 (714) 787-6181 (619) 342-8277 7-7' i __ CA.:- .,G . P'/°yo I �`TC I30Nb�r:dL SERVICES DEPT. INITIAL. STUDY =TV:R=j E 17IL EVALUATI0N CrE-CXLIST NOTE: The availability of data necessary to address the topics listed below shall form the basis of a decision as to whether the application is considered complete for purposes of environmental assessment. ENVIRONMENTAL IMPACTS (Exolanations of all "yes" and "maybe" answers , possible mitigation measures and comments are provided on attached sheets ) . Yes Maybe No 1 . Earth. Will the proposal result in: a. Unstable earth conditions-or in changes in geologic substructures? b. Oisruptions , displacements , compaction, or overcovering of the soil ? c. Change in topography or ground surface relief features? d. The destruction, coveringt or modification of any unique geologic or physical features? _ e. Any increase in wind or water erosion of soils , either on or off the site? 2. Air. Will the proposal result in: a. Air emissions or deterioration of ambient air quality? — b. The creation of objectionable odors? c. Alteration of air movement , moisture , or temperature , or any change in climate. either locally or regionally? _ _ Zf Yes Navbe No 3. Water. Will the proposal result in: b- Changes . in currents , 'or the course or - — 1 directicn of water movements? adk b. Changes in-'03or7t-!Cn rates , drainage patterns , or the rate and, amount of — — surface water runoff? r`X_ c. Alterations to the course or flow of flood waters? d. Alteration of .the direction or rate of flow of ground waters? _ e. Change in the quantity of ground waters , either through direct additions or with- drawals , or through interception of an aquifer by cuts 'or excavations? f. Reduction in the amount of water other- wise available for public water supplies? a. Plant Life. Will tie proposal result in: a. Change in the diversity of species , or numbers of any species of plants ( including trees , shrubs , grass , and crops )? _ b. Reduction of the numbers of .any unique , rare, or endangered species of plants? c. Introduction of new species of plants into an area , or in a barrier to the normal replenishment of existing species? ' S. Animas. Life. Will the proposal result in: a. Changes in the diversity of species, or numo ers of any species of animals (birds , land animals including reptiles , or insects )? - .._AV b. Reduction of the numbers of any unique, rare , or endangered species of animals? c. Introduction of new species of animals into an area, or result in a oarrier to the migration or movement of animals? d . Ceterioration to existing -wildlife haottat '7 Y e s u`e 6. Natural Resources , Will the proposal result in: a. Increase in the rate of use Of any natural resources ? b. Depletion of any man-renewable natural L resource? 7 . Enercv. Will the proposal result in: G a. Use of substantial amounts of fuel or energy? _ } b. Demand upon existing sources of energy, or re- quire the.development of new sources of energy? - - L 8. Risk of Upet. risk Or an expiDoes the proposal involve a asion or the release of, hazardous substances ( including, but not limited to , pesticides , ail , chemicals , or radiation) in the event of an accident or upset conditions? _ 9. E-inamic Loss. Will the proposal result in: a. A change in the value of property and improvements endangered by flooding? b . A change in the value of property and improvements exposed to geologic hazards beyond accepted community risk standards ? X 10. Noise. 'dill the proposal increase existing noise levels to the paint at which accepted community noise and vibration levels are exceeded? — — 1I . Land use. Will the proposal result in the a ttTration of the present developed or planned land usa of an area? 12. Open Space. Will the proposal lead to a decrease in the amount of designated open space? 13 . Pcoulaticn. Will the procosal result in: a . Alteration or the location, distribution . density , or growth rate of the human \ / Population of the City? _ X b. Change in the population distribution by aue , income , religion , racial , or ethnic group , occupational class . hcusehr, ld type? _ Yes Mavbe No 14. Emolovment. Will the proposal result in aaai�onal new long-tar++ jobs provided , or a change in the number and per cent employed , unemployed, and underemployed? Z6 15 . Housino. Will the proposal result in: a. Change in number and per cent of housing units by type (price or rent range, zoning category , owner-occupied and rental , etc. ) relative to demand or to number of families in various income classes in the City? _ b . Impacts on existing housing or creation of a demand for additional housing? _ 16 . Transportation/Circulation. Will the proposal result in: a. Generation of additional vehicular movement? b. Effects on existing parking facilities , or demand for new parking? —C. Impact upon existing transportation systems? _ d. Alterations to present patterns of circulation or mcvement of people and/or goods? — e. Increase in traffic hazards to motor vehicles , bicyclists , or pedestrians? • 17 . Public Services. Will the proposal have an effect upon , or result in a need for, new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? C. Schools? — d. Parks or other recreational facilities? e• Maintenance of public facilities , including % roads? f. 0ther governmental services? — — , Yes 4a be to 18 . Publicre Fiscal Balance. Will the proposal su tin a net change in government fiscal flow (revenues less operating expenditures and annualized capital expenditures )? 19. Utilities . . . Will the proposal result in a need for new systems , or alterations to the following utilities : a. Power or natural gas? b. Communications system? c. Water? d. Sewer or septic tanks? _ e. Storm water drainage? f. Solid waste and disposal ? 20. Human Health. Will the proposal result in: a. The creation of any health hazard or — — potential health hazard? b. A change in the level of community health — — care provided? 21 . Social Se r,ices . Will the proposal result in _ an increased demand for provision of general — social services? _ 22. Aesthetics . Will the proposal result in: , a . Obstruction of any scenic vista. or view. — open to the public? b. The creation of an aesthetically offensive — site open to public view? c. lessening of the overall neighborhood (or area ) attractiveness , pleasantness , — — and uniqueness? 23 . Licht and Glara. Will the proposal produce ne:r lignt or 9 are? _ 24 . ArcheoloeicalMistorical . Will the proposal result in an alteration of a significant archeelogicai or historical site , structure , object, or building? _ _ . 6. Yes !laybe No 25 . Mandatory Findings of Sicni icance. a. Oces the pra;ect have the potential to degrade the quality of the environment or to curtail the diversity in the environment? b. Ooes the project have the potential to achieve short-term, to the disadvantage of long-term, environmental •goals? (A short-term impact on the environment is one which occurs in a relatively brief , definitive period of time while long-term impacts will endure well into ! the future. ) c. Oces the project have impacts which are indi - vidually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small , but where the effect of the total of those impacts an the environment is significant. ) d. Oces the project have environmental effects which will cause substantial adverse effects \/ on human beings , either directly or indirectly? initial Study Prepared By: INITIAL STUDY CAM NUS. PP 90-21 & VESTING TT 26123 ENIVIRONN MAL EVALUATIONI CFIMMIST C"ENPS AND POSSIBLE NIITIGATION! MEASURES (CATEGORIES PERTAIN TO ATTACHED CHEMIST) 1. EARTH a. The project will result in grading. A rough grading plan is being reviewed by the County of Riverside. If the property is annexed to the city, the city will require a final grading plan be submitted. b. As part of the normal grading activity soil will be moved, displaced, over-covered and compacted. This activity will be done per permit and approved grading plans to assure that the site is properly prepared for the structural develognent which will take place on the site. C. The site is relatively flat and changes in topography and surface relief will be required to assure proper drainage and avoid increased runoff to adjoining properties. The after condition of the property will result in less water runoff fran the property to adjoining properties, and better direction. d. The site does not contain any unique geologic or physical features. e. The project as stated previously will result in less potential water damage to the site, through proper grading, resulting in the appropriate directing of runoff from the site. Mitigation Measures The grading plan has been designed to retain up to a 100 year storm onsite. In addition, applicant will be required to contribute to the Mid Valley Stornwater Project. The City of Palm Desert grading and building permits procedures require detailed geotechnical reports addressing grading specifications and the settlement and expansive characteristics of on-site soils. All structures must be designed by UBC requirements to insure that the buildings are constructed within the acceptable level of risk set forth therein for the type of building and ocoupancies being developed. 2. AIR a. During construction, particularly grading, a potential dust problem will be a short-term impact. Requiring that the ground be moistened during days in which grading occurs will mitigate this problem. This is required by City of Palm Desert Grading Ordinance. INITIAL STUDY CASE NOS. PP 90-21 & VFSTIM TT 26123 Because the site is already an urbanized setting its development will not result in an overall deterioration of ambient air quality. This conclusion is supported by the discussions relating to air quality contained in a 1985 draft envircrmmtal impact report prepared for the City of Rancho Mirage by Michael Brandman Associates entitled "Park View Drive Land Use Study". b. The land uses permitted in the PR zone do not provide for any odorous land uses. C. Development of this site per the PR zone will not result in any climatic changes. This is due to the limited uses permitted in the PR zone. 31. WATER a. The grading plan will provide for 100 year storm retention onsite. Excess water will be redirected to drainage facilities designed and canstructed to accept the water from the site. b. The site will absorb less water due to building coverage. The landscaped areas will absorb water because of the plant material. The alterations in drainage patterns will result in a benefit to adjoining property as it will be directed in a control manner. C. See b. d. This project includes a 36 hole golf course. The applicant has applied for permission to drill cnsite wells for use on the golf courses. As well, the applicant is considering the use of reclaimed water if it is available. The water district has indicated that it can provide water for the development subject to the developer providing wells, reservoirs and pumping stat -cns to provide for an orderly expansion of the domestic water system. In addition, the Coachella Valley Water District as well as the City are calling for the use of drought tolerant landscape material to be used on the site. The landscape plan will be subject to the approval of the City's Environmental Conservation Manager. e. See d. f. While any development results in the use of water and, therefore, reduces the mount otherwise available for public water supplies; the Coachella Valley Water district assures that there is sufficient water supplies to accommodate this growth. In addition, the Coachella Valley Water District plans to construct additional water facilities in the Palm Desert area to accommodate current and future development. 2 INITIAL STUDY CASE NOS. PP 90-21 & VESTING; TP 26123 4. PLANT LIFE a. Presently the site curtains weeds and sagebrush. The project, when completed, will introduce a diversity of species to the site. The plants that will be introduced to the site will; however, be material previously used in the desert. b. The site does not curtain any unique, rare or endangered species of plant life. C. It is extremely doubtful that the project will introduce any new species into the area. In any event the landscape plan will be reviewed by the agricultural inspector of Riverside County to assure that the plants being used do not pose a hazard to agricultural production in the area. 5. A4IMAL LIFE a. Development on the site will result in a reduction of land animals. b. The site has been identified as being habitat area for the Coachella Valley Fringe Toed Lizard, an endangered species. As mitigation the developer will be required to pay into a fund which will purchase habitat area on the north side of I-10. C. See a and b. d. The project site is an in-fill site and not a suitable long-term habitat for wildlife. 6. NATURAL RESOURCES: a. The project will obviously use natural resources, but will not significantly increase the rate of usage of these resources. b. All material resources used on the site are renewable. 7. a. & b. No once than rnxmal usage. In addition, since the project will be required to comply with the most current state energy codes, energy usage will be less than on previous projects of a similar nature. 8. The site does not contain any substances that could result in exposing or escape of hazardous materials. 9. a. As discussed earlier, future development will have a positive impact in terms of drainage impacts on adjacent properties- 3 INITIAL STUDY CASE NOS. PP 90-21 & VFSTIM TT 26123 b. As was reported in County of Riverside staff report dated January 17, 1990 on EIR #305 for property at the northeast corner of Country Club Drive and Oasis Club Drive "The site lies within Groundshaking Zone IVC. However, the expected levels of grow ndshaking in these zones are generally less than or equal to design levels in the Uniform Building Code. Therefore, normal low-risk lanai uses as defined in the Canprehensive General Plan are considered "generally suitable" in these zones with no special mitigation required. Additional review will be necessary should critical, essential, or high-risk land uses be proposed in the future" 10. NOISE Strict adherence to construction hours and days will be required. Additional measures to mitigate traffic and operational noise will be required. Noise from truck deliveries may not exceed the noise levels set forth in the General Plan Noise Element. 11. LAND USE The project will not alter the present developed land uses in the area. The planned land use for the area is identified as low density residential. A low density residential land use is consistent in the area. 12. OPEN SPACE The site in question is designated as low density residential; its development, therefore, will not result in a reduction in the amount of designated open space; in fact, the golf course area will provide for open space, albeit, private open space. 13. POPULATION a. The proposed. development at 2 units per acre will not result in changes in location, distribution, density, or growth rate of the city's population. This zoning land use and density was anticipated in the north th sphere specific plan. b. The project will not generate changes in the socio-econonuc characteristics of the area. 14. EvIPLCYMENT While the project will provide a number of new jobs in terms of the value as a whole, in and of itself, it is minor. Most of the jobs created, however, will be filled by residents of the area or those who have came to the valley for other reasons. 4 INITIAL STUDY CASE NOS. PP 90-21 & VESTING TT 26M 15. HOUSING a. The project will not change the housing picture in the oommmity or region. This is based on the conclusions reached in items 13 and 14. In addition there is currently a large inventory of unsold housing units in the valley; in addition to the number of rental units being developed. b. None - covered in item 15 a. 16. TRANSPORTATION/CIRCULATION a. Development of the property from its vacant state will generate additional traffic movements. The specific plan designated the site for low density residential and the proposed development is consistent with the specific plan. A traffic study prepared for this project has identified the projected number of additional vehicular movements. b. These will be a demand for additional parking facilities which will be supplied by the project on site. These will be no parking allowed on the 4 perimeter streets (i.e. Country Club Drive, 42nd Avenue, E1 Dorado and Oasis Club Dr. C. Except for additional vehicular movements discussed above, the project should not generate significant additional demands on existing transportation systems in that the site will provide ingress/egress points on Country Club Drive, 42nd Avenue and El Dorado. Spreading out the traffic in this manner should reduce overall impacts. As well, the traffic study prepared by Weston Pringle Associates identified the level of street improvements necessary to complete an adequate street system to service the over all area (i.e. 4 lanes 42nd Avenue, 4 lanes E1 Dorado, 4 lanes Country Club Drive expandable to 6 lanes; 4 lanes Oasis Club Drive). This should serve to reduce traffic on Country Club Drive and Fred Waring Drive. The traffic study also addressed the impacts this development could have on intersections in the area, including the I-10, Washington Street interchange area. d. As discussed above, development of the site may alter the pattern of circulation in that 42nd Avenue (Hovely Lane) will became a complete through street as a condition of development of the property. This will offer a new alternative for east/west traffic and may reduce traffic on other east/west arterials (i.e. Fred Waring Drive, Highway 111 and Country Club). e. Implementation of the mitigation measures as will be conditioned in the tentative map and precise plan should be positive. There are problems currently existing on Country Club Drive and the public improvements required of the applicant will alleviate same of then. 5 INITIAL STUDY CASE NOS. PP 90-21 & VESTING TT 26123 17. PUBLIC SERVICE a - f. None The property is presently vacant and serves no productive use. A commitment to urban uses was made as the area surrounding the study area has been developed, and the general plan and designated area for residential development. Infrastructure improvements (i.e. streets and utilities) have been made and are adequate to serve the proposed development. The proposed land uses would increase the economic productivity of the land in terms of land efficiency and greater ecoxmtc return generated from these uses, versus the current state of the land. 18. PUBLIC FISCAL BALANCE A fiscal impact analysis has been prepared by Jonathan and Associates which analyzes the impact the development will have on the city. Essentially, the impacts are fiscally positive in that the fees will be paid to the city and used for overall area improvements and payment for service provisions. Said Fiscal Impact Report is on file with the Department of Commu>_ity Development. 19. UTILITIES All utilities have indicated an ability to. serve the proposed development. Coachella Valley Water District has indicated that the project will contribute storm drainage to the Mid Water Stormwater Project and will be required to contribute to that regional facility. 20. HUMAN HEALTH The project will not create hazard to hxmman health in the long or short term nor will it impact the level of cCMMznity health. 21. SOCIAL SERVICES Low density residential projects typically result in very little increased demand in general social services. 22. AESTHETICS a. The development proposal is being reviewed by planning commission and architectural review commission to assure compliance with city standards. This will assure retention of any scenic vistas or views. 6 MTIAL STUDY CASE NOS. PP 90-21 & VESTING; TT 261M b. The site, in the present condition, can be termed as aesthetically offensive. The proposed development must be approved by the Palm Desert Architectural Cawdssion. The ultimate development will not be aesthetically offensive. C. The reasons stated in items 22 a and.b. 23. LIGHT AND GLARE As reported by the County Planning staff report, January 17, 1990, EIR #305, "The site is within the 45 mile radius of the Momt Palomar Observatory. Installation of lighting in the past has resulted in light pollution that seriously affects scientific research at the observatory. In June, 1988 the Board of Supervisors adopted Ordinance No. 655 stipulating that light fixtures emitting 4,050 or more lumens must be low pressure sodium in nature". The development proposal on site will be conditioned to comply with County Ordinance No. 655. 24. An archeological survey has been completed and submitted to the County as part of the requirement for rough grading approval. The survey indicates that there are no sites of archeological or historical significance on the property. In addition, as per state law, should any evidence be faun during construction, said construction must cease and the site examined. 25. Because of the mitigation measures identified herein and required of the project, the proposal will not have a significant adverse impact on the environment. SS/db 7 PLANT" 'G COMMISSION RESOLUTION T 1479 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PRECISE PLAN FOR A 1278 UNIT COUNTRY CLUB TYPE RESIDENTIAL/CONDOMINIUM PROJECT WITH RELATED AMENITIES ON 637 ACRES IN SECTION 11 T5S R6E SBBM. CASE NO. PP 90-21 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of October, 1990, hold a duly noticed public hearing to consider the request of SUNRISE DESERT PARTNERS for the above mentioned project; 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. 80-89, " in that the director of community development has determined that the project will not have an adverse 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 to exist to justify their actions: 1 . The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. 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 the Negative Declaration of Environmental Impact Exhibit "A" attached is hereby recommended to the city council for certification. 3. That Precise Plan PP 90-21 on file in the department of community development is hereby recommended to the city council for approval, subject to conditions ( Exhibit "B" ) . PLANNING COMMISSION —SOLUTION NO. 1479 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of October, 1990, by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARDS, AND WHITLOCK NOES: NONE ABSENT: NONE ABSTAIN: JONATHAN CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary SRS/tm 2 PLANNING COMMISSION 'SOLUTION NO. 1479 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NOS: Vesting TT 26123, PP 90-21 and Development Agreement APPLICANT/PROJECT SPONSOR: Sunrise Desert Partners 46-200 Cook Street Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Vesting tentative tract map for a 1278 unit residential condominium golf course and country club development in Section 11, T5S R6E SBBM. 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. October 16, 1990 RAMON A. DIAZ DATE DIRECTOR OF COMMUNITY DEVELOPMENT SRS/tm 13 PLANNING COMMISSION `SOLUTION NO. 1479 EXHIBIT "B" CONDITIONS OF APPROVAL CASE NO. PP 90-21 Department of Community Development/Planning: 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. 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. 3. Construction of a portion of said project shall commence within one year 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. 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 Desert Sands Unified School District 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 . Payment of fringe-toed lizard mitigation fees in amount of $600.00 ( $600 per acre prorated) required prior to issuance of grading permit or evidence such fee has been paid. 6. That exterior lighting on the site comply with Riverside County Ordinance No. 655 (i.e. lighting fixtures emitting 4050 or more lumens must be low pressure sodium in nature ) . 7. That the proposed wall along 42nd Avenue be moved 8 feet to the north to provide a minimum 20 feet of setback from the curb face to the wall or alternatively the applicant resubmit a landscape 4 PLANNING COMMISSION `SOLUTION NO. 1479 plan for this section providing substantial landscaping pockets to buffer the effect of a long straight wall to the satisfaction of the architectural review commission. 8 . That the country club maintenance facility shall provide sufficient onsite parking area for all maintenance employees. 9 . That the setbacks for units on this condominium project shall be as shown on the "typical setback" plan dated October 9, 1990 on file with the department of community development. Minimum setbacks to a head-in garage shall be 20 feet. Minimum front setback to a side-in garage shall be 10 feet with a 25 foot driveway backup area. 10. That the street plan provide on the street bicycle lanes on E1 Dorado, 42nd Avenue and Oasis Club Drive. The bicycle lane on Country Club to be on the sidewalk. 11 . That this approval shall be null and void unless said property is annexed to the City of Palm Desert. 12. That the landscape theme for the development include significant areas of drought tolerant landscape materials to reduce water usage and that all parkway landscaping within the right-of-way shall be drought tolerant subject to approval of the Environmental Conservation Manager. 13 . That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance No. 612, said enclosures subject to approval of Environmental Conservation Manager. 14. Project is subject to Art in Public Places fee per Ordinance No. 473. 15. Landscape plans for the club house area shall comply with parking lot tree planting master plan. SRS/tm 5 CITY OF PALM DESERT DE1 _ .:TMENT OF COMMUNITY DEVELL -.ENT STAFF REPORT TO: Planning Commission DATE: October 16, 1990 CASE NOS: VESTING TT 26123, PP 90-21 AND DEVELOPMENT AGREEMENT REQUEST: Approval of a vesting tentative tract map, a precise plan of design, draft development agreement and negative declaration of environmental impact as it pertains thereto for a 1278 unit residential condominium development including two 18 hole golf courses, tennis facilities and related amenities on 637 acres located between Country Club Drive and 42nd Avenue and between El Dorado Drive and Oasis Club Drive, also described as section 11, T5S R6E. APPLICANT: Sunrise Desert Partners 46-200 Cook Street, Suite 200 Palm Desert, CA 92260 I . BACKGROUND. The north sphere specific plan designated the subject property low density residential ( 5 dwellings units per acre) . The owner ( applicant ) obtained city approval prezoning the property PR-5. An annexation application is pending at LAFCO. A. ADJACENT ZONING AND LAND USE: North: PR-3 & R-1 12,000/Palm Valley Country Club and Regency Palms South: R-1 & R-2 8,000/R-1 8,000/Vacant and Oasis Country Club East: C/Z 1619/Resorter West: PR-4/Lakes Country Club B. GENERAL PLAN AND NORTH SPHERE SPECIFIC PLAN DESIGNATION: Low density residential, five dwelling units per acre maximum. II. PROJECT DESCRIPTION: The proposed development, Indian Ridge Country Club, consists of 1, 278 units situated around two 18 hole championship golf courses, with a 105,000 square foot clubhouse. Amenities will include a restaurant and bar, pro shop, health club facilities, two main swimming pools, 14 tennis courts, 2 croquet courts, 4 paddle tennis courts, and pools and Jacuzzis throughout the residential areas. STAFF REPORT TT 26123, PP 90-21 ) DEVELOPMENT AGREEMENT OCTOBER 16, 1990 Project buildout is projected to be six years, 1991 through 1996. Final density will be 2 units to the acre, comprised of a mix of fourplexes, duplexes, and single family detached homes. All streets will be within the walled, gated community. The vesting tentative map, when approved will be for air space condominium purposes SITE LAYOUT: The property is presently vacant except for the Edison Substation ( three acres) which fronts onto Country Club Drive. The major access to the proposed project is from Country Club Drive aligned with the existing access to , Palm Valley Country Club ( already signalized) . Other accesses are provided from E1 Dorado Drive ( a card entry) and 42nd Avenue (card entry) when 42nd Avenue is constructed. No access is taken from Oasis Club Drive. The interior streets will be private, 36 feet wide except for the main entry from Country Club Drive which will be a median divided into 24 foot wide street sections in each direction. Ample drive in and turn around area is provided in that the guard gate is located more than 500 feet from Country Club. The onsite street pattern includes a perimeter loop street around the west, south and east sides of the property along with the main driveway from Country Club. In addition a series of cul-de-sacs and minor connector streets wind around the two 18 hole Arnold Palmer designed golf courses. The maintenance facility has been provided immediately adjacent to the west of the Edison Substation with access from El Dorado. The maintenance area has been designed to provide enough area for all employees to park onsite. The club house facility with tennis courts ( 14) , croquet areas (2) , paddle tennis (4) , restaurant, pools ( 2) , spa area and other amenities are centrally located on the site. Main access will be through the main entry gate, however, homeowners will have direct access without going back to the main gate. The site layout provides for slightly curved street sections which helps reduce the impact on the streetscape ( i.e. reduces number of garage fronts one sees when looking down street) . The street plan provides an efficient onsite traffic flow and reasonably direct access to exterior, public streets. 2 STAFF REPORT TT 26123, PP 90-21 A_ DEVELOPMENT AGREEMENT OCTOBER 16, 1990 UNIT TYPES: The applicant is proposing four unit types ( 2 single family, a duplex and a fourplex ) . The unit architecture was given preliminary ARC approval October 9, 1990. Staff will briefly describe each of the four units. A more complete description is attached to the report. MESQUITE UNIT: This is a single family unit on a 75 ' by 130' lot with the dwelling ranging in size from 3050 to 3690 square feet. This unit is 24 feet in height and one story. SMOKE TREE UNIT• This is a single family units on a 50 ' by 130' lot with the buildings being 1 and 2 story structures from 18 to 23 feet in height. The units range in size from 2324 to 3215 square feet. PALO VERDE UNIT• This is a duplex unit on an 83 ' by 130' lot. The single story building is 22 feet high. The units range from 1795 to 2544 square feet. OCOTILLO UNIT• This is a fourplex, stacked flats building 1 and 2 story to a maximum height of 26 feet. Units range in size from 1315 to 1750 square feet. This unit has a side-in garage arrangement but each unit has a two car garage. PROJECTED UNIT COUNTS: Ocotillo ( fourplex) 224 units Palo Verde (duplex) 390 Smoketree (SFD) 234 Models 24 This unit mix will be added to and may be altered based on market conditions. All the units comply with the provisions of the PR zone ( i. e. height, setbacks, parking, coverage, and density per acre) . 3 STAFF REPORT TT 26123, PP 90-21 A..- DEVELOPMENT AGREEMENT OCTOBER 16, 1990 The 105, 000 square foot club house facility and various previously described recreational amenities ( i.e. tennis units, paddle tennis, croquet, two 18 hole golf courses, spa, restaurant and bar) provide an interesting study in determining what is an adequate amount of parking. The detailed site plan of that area provides a mix of self park, valet parking and golf cart parking. As well, many nearby residents could be expected to walk. Staff has looked at the specific parking requirements for golf ( 5 spaces per hole ) ; tennis ( 3 spaces per court) ; spa ( 1: 150 square feet) ; restaurant and bar ( 10 and 15 spaces per 1000 square feet) . The site plan provides 441 spaces in this area. While this does not meet the criteria 100%, it is felt that it is adequate. Based on other country club developments there is considerable overlapping of parking and offsets by use. For instance the golf course does not generate parking demand at night when the restaurant has its peak demand. Staff is satisfied that parking will be adequate. III. ANALYSIS• A. FINDINGS FOR APPROVAL OF PRECISE PLAN: 1 . The design of the precise plan will not substantially depreciate property values nor be materially injurious to properties or improvements in the vicinity. Justification: The design of the project is attractive and will be compatible with other country club projects existing in the vicinity. 2. The precise plan will not unreasonably interfere with the use of or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. Justification: The surrounding land in the vicinity is zoned for the same type of use as proposed and owners would not be deprived the use of their land. 3. The precise plan will not endanger the public peace, health, safety, or general welfare. 4 STAFF REPORT TT 26123, PP 90-21 Ai.a DEVELOPMENT AGREEMENT OCTOBER 16, 1990 Justification: The precise plan will comply with all code requirements and will not be detrimental to the public peace, health, safety or general welfare. B. FINDINGS NEEDED FOR APPROVAL OF THE TENTATIVE TRACT MAP: 1. That the proposed map is consistent with applicable general and specific plans. Justification: The proposed map is consistent with the prezoning of the property and the prezoning is consistent with the general plan. Compliance with the conditions and mitigation measures will assure consistency with the general plan. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. Justification: All public streets will be dedicated and improved and sufficient drainage facilities will be provided in conformance with the general plan guidelines and city ordinances. 3. That the site is physically suitable for the type of development. Justification: The 637 acre site is of sufficient size to accommodate the proposed project and the topography of the site does not create significant problems. 4. That the site is physically suitable for the proposed density of development. Justification: The project will provide overall density of two units per acre. The design of the project indicates that the site is suitable for the proposed density of development because the site can be served by respective utilities and, as conditioned, to provide full traffic circulation and is designed in compliance with all city codes. 5 STAFF REPORT TT 26123, PP 90-21 Ah� DEVELOPMENT AGREEMENT OCTOBER 16, 1990 5 . The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Justification: The design will not cause substantial environmental damage or injure fish or wildlife or their habitat because it will be constructed in compliance with applicable regulations and the proposed negative declaration has determined that there will be no related adverse environmental effect which cannot be mitigated. 6. That the design of the subdivision or the type of improvements are not likely to cause serious public health problems. Justification: The design will not cause serious public health problems because it will be in compliance with applicable health, safety and building codes. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. Justification: There are no easements acquired by the public at large for access . or use of property within the proposed subdivision. 8. That the design of the subdivision or the type of improvements will not restrict solar access to the property. Justification: The project has been designed to conform to code requirements and will not impact solar access to adjacent properties and will provide adequate solar access to this property. 6 STAFF REPORT ° TT 26123, PP 90-21 .__ D DEVELOPMENT AGREEMENT OCTOBER 16, 1990 PREANNEXATION DEVELOPMENT AGREEMENT: The applicant is seeking execution of a preannexation development agreement along with the vesting tentative map and precise plan. Essentially the applicant, through the development agreement terms, wishes to determine and limit its future obligations. Attached is a draft of the agreement prepared by Sunrise. The city attorney comments dated September 24, 1990 on the draft are also attached. City staff and Sunrise representatives met and came to agreement in principle on most of the areas in contention. These agreements in principle were subject to the attorneys for each side agreeing. If the final agreement is available by distribution time, we will enclose a copy of same. Otherwise commission will receive a copy prior to the meeting. In either event the city attorney will make a presentation of the salient sections. The draft agreement did provide us with enough information to conclude that, with some minor changes, it will comply with the ordinance requirements section 37 of the zoning ordinance. ENVIRONMENTAL REVIEW: The director of community development as determined that the proposed project, subject to mitigation measures delineated as conditions on the vesting tentative map and precise plan of design, will not have a significant effect on the environment and a negative declaration of environmental impact has been prepared. The determination of the director is a result of conclusions reached having reviewed among other information a traffic study prepared by Weston Pringle Associates; an archeological survey prepared by Archaeological Associates, Ltd. ; the city Is north sphere specific plan; the County of Riverside EIR No. 305 and staff report on the Equity Directions proposal on the property diagonally across Country Club Drive and Oasis Club Drive from the subject site and a traffic study prepared by ASL for the Equity Directions proposal to the City of Palm Desert. 7 STAFF REPORT TT 26123, PP 90-21 JU DEVELOPMENT AGREEMENT OCTOBER 16, 1990 IV. RECOMMENDATION: Approve the findings and adopt Planning Commission Resolution No. recommending to city council approval of Vesting TT 26123, subject to conditions. Approve the findings and adopt Planning Commission Resolution No. , recommending to city council approval of PP 90-21, subject to conditions. Approve the findings and adopt Planning Commission Resolution No. recommending to city council approval of the development agreement for Indian Ridge Country Club. V. ATTACHMENTS: A. Draft resolutions. B. Legal notice. C. Comments from city departments and other agencies. D. Plans and exhibits. E. Miscellaneous attachments. Prepared by Reviewed and Approved by 0 ' SRS/tm 8 CD00 d Pcium Lb�a (i3 73 S IO PI IEU WAI ZING UHIVE,PALM UESEI I I',CALIFUHNIA 9226U TELEPHONE(619(346 0611 5EPTEMPER 12, 1940 CITY OF PALM DESERT LEGAL NOTICE CASE NO. VESTING TT 26123, PP 90-21 AND A DEVELOPMENT AGREEMENT NOr ICE 15 HEREBY GIVEN that a Public hear Ing wl II be held before the Palm Desert Planning I;omml scion to consider a request by Sunrise Desert Partners for approval of a Vesting Tentative Tract Mar, a precise plan of design, draft development agreement and negative declaration of environmental Impart as It Pertains thereto For a 1270 unit residential condominium development Including 2. IM (role golf courses, tennis Facilities and related amenities on 637 acre! located between Country Club Drive and 47nd Avenue and between El Dorado Drive and Oasis Club drive also described as section 11, T55 RtiE. ti I . RVrMd1lE '.. >1LM vRLLF1 114EnCv 1I ... PnUR L CON:-.AY CLUB OR] Lj R[f5 RESORtER SUBJECT PROPERTY IM 1 I N I e'rC AVENUE II LPR O Z SAID public hearing wl I be held on Tuesday. Ortnher 16, 199U. at 7:00 p.m. In the fnuncII Chamber at the Palm Desert f,I vir Center, 73-S11) Fred War l no Or Ive. Palm Desert, Cal i fort,la. at whI ch time and place all Interested Persons are . Invited to attend and he hr•.ard. Written ron npnTs ,onrernlnq all Items Covered by this Public hearing notice shall by accepted up to the date of the hearing. _ Information concerning trip proposed Project .and/or negative declaration Is available for revipw in the dnpartmpnt of rnnmllnity development/Piannlnq at the pbron ,W.Br per hetrnnn Ml, I...grn of Rom n,m. rind 4,111 rim, Monday thrn,oh Friday. if You rliallenge the proposed actions In rourt, you may be limited to rRlsing ,,mlv those Isswes vow nr arnnennp plsp ralsed at the ❑ghllc hearing de4criherl In till5 riotirp, or In wrlttpn, rorrpsrnn(lence delivered to the Planning eoumisslon (or <Ity rounr.11) ai:, or prior to, the public hearing. PLIBL ISH: Desert Post RAMON A. DIAZ, Secretary Sent ember 21, 1990 Palm Desert Planning Commission CITY OF PAIM DESERT TRANSMITTAL r.E= I. TO: Honorable Mayor and City Council iI. RAT: Approval of vesting tentative tract map, a precise plan of design, draft development agreement and negative declaration of environment impact as it pertains thereto for a 1278 unit residential condominium development including two 18 hole golf courses, tennis facilities and related amenities on 637 acres located between Country Club Drive and 42nd Avenue and between E1 Dorado Drive and Oasis Club Drive, also described as Section 11, T5S R6E. III. APPFALANP: Sunrise Desert Partners 46-200 Cook Street, Suite 200 Palm Desert, CA 92260 IV. CASE NO: Vesting TT 26123, PP 90-21 and Development Agreement . V. DATE: November 8, 1990 VI. CONPENPS: A. Staff Reconmendation B. Discussion C. Response to Comments on Draft Negative of Declaration D. Planning Commission Minutes involving Case No. Vesting TT 26123 E. Planning Commission Resolution Nos. 1478 and 1479 F. Planning Comissicn Staff Report dated October 16, 1990 G. Related maps and/or exhibits. --------------------------------------------------------------------------- A. STAFF ES0344SIDMON: Open Public Hearing, take testimony then continue to a date certain after the review period for the Negative Declaration ends (on or after November 26, 1990). B. DISCUSSION: The above noted request was before planning commission at its October 16, 1990 meeting. The request before city mil is for approval of a vesting tentative tract map, a precise plan on design and development agreement for a 1278 unit residential condominium project. The report to planning commission and attachments provide a detailed description of the project, unit types, sizes, heights and locations. In addition the applicant will provide a full presentation covering site plan considerations, access, perimeter landscape treatment, club house facility amenities and phasing. Subsequently, planning commission remanded the vesting tentative map and precise plan for approval to city council. Unfortunately, the development agreement was not available for camTlissioZ review October 16, 1990. The attorney's for both parties have been wor}cing on the development agreement and it will be before planning commission at its November 6, 1990 meeting. Enclosed is a draft of the Proposed preannexation and development agreement. We will report to council the determination of the planning cession at the public hearing. In response to the comments received on the negative declaration we have prepared a more detailed response to directly respond to the issues raised. Also, as a result of the comments we have had to extend the review period to November 25, 1990 and hence our recommendation to take public testimony and then continue the whole matter to a date certain, after November 25, 1990. Prepared by�l4 Reviewed and Approved by SS/wj RE MKME TO COMMERTS RECEIVED as DRAFT NEULTIVE EEC ARATIaJ OF ENVII ONMENIAL IMPACT While the comments received October 16, 1990 from Ralph Santopietro were responded to orally during the planning commission hearing, we will respond in writing to the comment "it appears that the following are unaddressed or inadequately addressed envizosmnental impacts". The documents referred to in this response as well as the October 16, 1990 staff report are on file in the Ccmmn-dty Development Department/planning at the City of Palm Desert, 73-510 Fred Waring Drive, Palm. Desert, California 92260 during regular office hours. The following documents have been referred to in the preparation of the response and the negative declaration: --- General Plan, City of Palm Desert --- Palm Desert North Sphere Specific Plan --- North Sphere Specific Plan Studies on Air Quality and Noise --- Riverside Canty Comprehensive General Plan --- Weston Pringle and Associates Traffic Study for the Indian Ridge Project --- Archaeological Assessment by Archeological Associates Limited (September 3, 1990) --- Canty of Riverside Environmental Impact Report #305 --- Environmental impact Report for Monte Carlo Mixed Use Project --- Envircannental Impact Report for City of Rancho Mirage General Plan Cmnerrt A - Soil erosion (para. le). Response - Soil erosion due to water was responded to = the response contained in the October 16, 1990 staff report. Soil erosion due to wind is an existing condition on the site inthat the site is an identified blowsand hazard area in the Riverside County Comprehensive General Plan and Palm Desert North Sptxr Specific Plan. Development on the site will result in less wind erosion and result in less fugitive dust emissions. This conclusion is supported in the discussion of Air Quality in County of Riverside EIR No. 305 (Equity Directions) Pg. 22-34 as well as the Draft State Implementation Plan four PM 10 in the Coachella Valley Pg. 4-2 thru 4- 22. The City Grading Ordinance as well as the State Implementation Plan for PM10 will reduce soil erosion due to wind to a level of insignificance. Oft B - Air emission, deterioration of ambient air quality and air moisture (para 2a). RESPONSE To a3q4ans RECEIVED ON DRAFT NEGATIVE DECLARATION OF ESA nCNM 7 TAy IMPACT NWEhBER 8, 1990 ReSPMM - The EIR No. 305 and Draft 1990 State Imolementation Plan for PM10 In Coachella Valley both support the conclusion which was presented in the October 16, 1990 staff report (i.e. there will be a short term potential dust problem). Adherence with City Grading Ordinance will reduce these impacts to a level where they are not significant. The EIR prepared on the Monte Carlo Mixed Use Project at Hovley and Cook Street at Page III concludes that the long term ambient air quality is affected by stationary source emissions 3.2% and mobil sources 96.8%. Trip generation from this proposed project will be lower than was anticipated in the Riverside County Comprehensive General Plan and the Palm Desert North Sphere Specific Plan which would have permitted densities up. to 5 units per acre. This project is 2 units per acre. Additionally, the Traffic Study Prepared for this project by Western Pringle and Associates, dated October 1990, concludes that the trip generation rates and distances travelled by residents in the project will be less than typical residential developments because the residents will typically be retired or second homeowners and the onsite facilities will reduce their need to travel outside the project. In addition this project, given its design and location, fulfills two of the mitigation measures contained in the Air Quality study done in conjunction with the North Sphere Specific Play by Endo Engineering at page 1-2, items 4 and 5 which read as follows: 4. Project amenities such as the golf courses and the lake provide recreational opportunities in close proximity to residential uses and encourage alternate modes of transportation and reduce recreational trip lengths. 5. The proximity of residential areas to oa Tercial and office lard uses results in shorter trip lengths and therefore lowers pollutant emissions. The Monte Carlo EIR at Page IV 55 concludes that that project will have an insignificant effect on local and regional air quality. On both a per acre and per unit basis, the proposed Indian Ridge development will have less impact on air quality than did the Monte Carlo project. 2 RESPONSE TO W44E TS RECEIVED ON DRAFT NEGATIVE DECLARATION OF ENVIRONMENTM IMPACT NOVE BER 8, 1990 Based on the information contained in the Monte Carlo EIR, Pages IV 52 thru IV 55, and the Air Quality Analysis of the North Sphere Specific Plan at pages 3-1 thru 3-15, we can determine that the Indian Ridge project would produce daily 1990 emissions as follows: Carbon Monoxide 737.3 lbs. Total Organic Gases 66.8 lbs. Reactive Organic Gases 60.1 lbs. Nitrogen Oxides 152.5 lbs. Particulates (Tires) 24.2 lbs. Particulates (Exhaust) 10.2 lbs. 1051.1 lbs. Indian Ridge Project Daily Emissions As a Percentage of Riverside County: Riverside County Indian Ridge Indian Ridge Tans PourX s of Total Carbon Monoxide 541.6 737.3 .07 Nitrogen Oxides 101.1 152.5 .075 Particulates 248.7 34.4 .007 Total Organic Gases 225.0 66.8 .0002 Reactive Organic Gases 122.1 60.1 .02 Note: Riverside County Daily Emissions figures taken from Table 4-21 of Monte Carlo EIR. Indian Ridge will not have a significant impact on regional (county) air quality. Indian Ridge Project Daily Emissions AS A Percentage Of Sawn East Desert Air Basin: S.E.D.A.B. Indian Ridge Indian Ridge Tons Pounds $ of Total Carbon Monoxide 143 737.3 .25 Nitrogen Oxides 41.9 152.5 .18 Particulates 128.1 34.4 .01 Total Organic Gases 45.3 66.8 .07 Reactive Organic Gases 32.1 60.1 .09 Indian Ridge will not have a significant impact on local air quality. 3 RESPCNSE TO COMENTS RECBiVED CN DRAFT NEGATIVE DEC LARATICN OF ENVLR0 4R4TAL 11PACT K7VEMER 8, 1990 CYimnent C - Water: 3.a. Changes in water currents (para.3a); changes in absorption of water (para. 3b); effect on aquifer (para. 3e); and amount of water available for public supplies (para 3f). Response - These items were responded to in the October 16, 1990 staff report. Coachella Valley Water District continues to indicate that adequate water is available to serve residential developments subject to the developer providing the improvements. C.V.W.D., through contract with State Water Project and Metropolitan Water District, recharges the aquifer. Even though long term water supplies are assured, C.V.W.D. and the City encourage water conservation. No further comment or mitigation is required. Comu�nt D - Plant Life: Changes in number of species (para. 4a); unique special (para 4b); new plant species (para 4c). Response - These items were responded to in the October 16, 1990 staff report. The City's Architectural Review Cannissien has reviewed and given preliminary approval to landscape plans for the project. That plan does not introduce, or propose, new plant species. No additional mitigation is necessary. Comment E - Animals: Change in number of species (para. 5a); reduction of the number of unique species or endangered animals (para. 5b); and the deterioration in existing wildlife habitat (para. 5d). Response - These items were responded to in the October 16, 1990 staff report. A habitat conservation plan was established which will provide for the long term preservation of the endangered Coachella Valley Fringe-Toed Lizard as well as other flora and flaumna associated with the blowsand eoo- system. Payment of the mitigation fee will allow expansion of the preserve established by the Nature Conservancy. In return for the mitigation fee, the cities of the Valley were issued Section 10A permits of the Endangered Species Act by Fish and Wildlife Service which permits the incidental taking of the lizard and destruction of the habitat. Comment F - Energy: Demand upon existing sources of energy (para 7b). 4 F� TO M44WM RECEIVED ON DRAFT NEGATIVE DECLARATION OF MWIRCN fficm IlmpAcr NMU433ER 8, 1990 Response - New electric power to the site is available from Southern California Edison. Edison responded to the City's North Sphere Plan and indicated that it was within growth projections for the utility. The density of this development is sixty percent (60%) less than the North Sphere Plan designated. Southern California Gas Company will provide natural gas to the site from existing mains on Country Club Drive. Both utilities have indicated they are able to serve the site. Energy use on a per unit basis will be lower than a typical residential community inthat many of the units will be second homes and used on a part-time basis only. This is especially true in the summer months when electric use peaks and country club occupancy is at its lowest. Units will be required to comply with Title 24 and the most recent state and city odes. In addition, the City's Architectural Review Commission reviews plans for the provisions of adequate solar protection which is in addition Title 24. No additional mitigation is necessary. (bent G - Risk of Upset: The possibility of release of pesticides (para. 8). Response - The applicant advises that managed limited quantities of fungicides, herbicides and pesticides will be applied by state certified persassmel to the golf courses. The applicant has operated several other country clubs throughout the desert area for many years and has never had an incident which r>eu3ssitated clean up by County hazardous material clean-up squad. Compliance with state ' law regarding state certification of personnel applying the materials reduces the level of impact to an insignificant level. No additional mitigation is necessary. O H - Economic Loss: Changes caused by Flooding (para. 9a) is contradicted by (para. 3a and 3b). 5 RESPONSE TO COMMENds RECEIVED CN DRAFT NATIVE DEC ARATI(N of maimmE Tm IwACT NMMMMR 8, 1990 Response - We fail to see a contradiction. The property is designated Zone 'C' of the FIRM (Flood insurance Rate Map). Zone 'C' is described as an area of minimal flooding. At present flood waters leaving the site are undirected. Mitigation measures required of the project include retention of 100 year storms onsite and contributing to the Mid Valley Flood Channel construction will improve water direction and control. The potential for economic loss due to flooding will be reduced to a level of insignificance. Comment I - Population: a) Alteration and increase in population (para. 13a) which appears to be contradicted by the finding of impact from employment in paragraph 14. Response - California Department of Finance Demographic Research Unit as of January 1, 1990 estimated the city's population at 20,659 in a total of 17,305 dwelling units. It was estimated that 49% of the dwelling units were vacant and that the average number of people per occupied unit was 2.3. . Of the 17,305 dwelling units, 12,459 were single family units. Of the 12,459 single family units, 6,085 (49%) were detached and 6,377 ( 51%) were attached. Population in Indian Ridge then could be expected to be 1,499 people or 7.2% of the present city population. This would be at build out in six years. The Fiscal Impact Report prepared by Jonathan and Associates used a 20$ permanent population rate which would produce a population of 588. This number would probably be typical during summer months. Even this number may be on the high side inthat the 49% vacancy rate is on a city wide basis. The city's projected permanent population in 1995 is estimated at 25,000 so Indian Ridge would represent from 2.3 - 5.9% of the city's then permanent population. The proposed 1278 units represent 7.4% of total existing dwelling units in the city and 5.8$ of the projected 23,000 1995 dwelling units. There was no statement of impact from employment inthat the development after construction, will not create a substantial number of new jobs nor will it provide housing for a significant amount of employed persons. This is because the project will be marketed as a second home, retirement type of community. The City of Palm Desert Population Projections 1985 - 2010 projected 1990 employment at 13,000 persons. The applicant has indicated expected employment for 226 people. These would include golf course maintenance (32), onsite real estate sales people, restaurant help (cocks, waiters, bus boys, maitre-de), pro shop employees and gate house personnel (132) and homeowner association landscape personnel (62). This would represent 1.7% of the city's total. 6 RESPC NSE TO 0344EN l'S REcEaVED CN DRAFT NECATIW DECEARATIM OF ENVI% 44ENTIAL INPACT NWE BER 8, 1990 CtYmuent J - Housing: Changes in housing will obviously occur but the assessment indicates that none will occur (para. 15a and para 15b). Response - 'These items were responded to in the October 16, 1990 staff report and item I above. Additionally it should be noted that the City has purchased 133 acres of Property at Gerald Ford Drive and Pcrtola for the creation of a 1200 unit employee village. Construction of this project will be funded with up to $60,000,000 from barns which have been sold through Riverside County Housing Authority who will operate the development once it is on line. Although the number of new employees caning to Palm Desert to work at Indian Ridge will be quite small, many of the jobs created will pay salaries which would qualify than for occupancy at the employee village which will be rented at below market rates. Adequate affordable housing will be available for employees. Building of additional attached and detached single family units presently projected at 626 attached and 644 detached (1270 total) will add 9.8% and 10.6% respectively to each category in the city. This is consistent with the City's General Plan and North Sphere Specific Plan. No mitigation is necessary. Dome nt K - Traffic: Assessment indicates that there is an impact on almost every traffic category which in turn will effect air quality and there does not appear to be a sufficient assessment of its impacts on air quality and circulation impacts by the attached reports. Response - A traffic study has been completed by Weston Pringle and Associates. Considering the size and length of the document, we did not include a copy of same as an attachment to the October 16, 1990 staff report. We did reference the document and its findings and impacts were reflected in the conditions established by the Department of Public Works. As discussed in Comment 'B' above, the additional traffic created by this development will not have a significant impact on local or regional air quality. The traffic study, on file with the Department of Public Works, addresses the circulation impacts and recommends appropriate mitigation measures. These mitigation measures were contained in the conditions of the Department of Public Works. 7 RESPCNSE TO CU44E rrs RIVED CN DRAFT DATIVE DDCS.ARATICN OF EhIVI UT4E rTAL UI-1PALT NOVEMB R 8, 1990 Comment L - Public Services: The assessment indicates no impact for any Public services by a proposed 640 acre, 1278 unit residential condominium development including two 18 hole golf courses, etc. This appears to be unbelievable and incredible (para. 17). Response - Police: The City contracts with Riverside County Sheriff's Department for service. The community is a gate guarded residential community. This project, along with others in the area expected to be annexed in the near future, may affect the Sheriff's Department. Staffing levels are reviewed on an ongoing basis and the reports on same presented to City Council for funding. This Project will not, on its own, generate a need for additional persamel in its earlier phases. The later phases and adjacent areas to be annexed may result in a need. Therefore the project does have an incremental effect. The Fiscal pact Report has assumed that the annexation of the eastern sphere area will necessitate additional sheriff personnel and funds will be available to provide same. - Fire: County Fire Department provides service to the City. As indicated in the Plan For Services on file for the development, the site is within the 5 minute response time of Station 71 at Portola and Country Club Drive. Part of the mitigation for Fire and Paramedic service includes payment of the Proposition 'A' fire tax which also provides paramedic service. The Fire Chief advises that with complete annexation of the eastern sphere a . paramedic squad may be needed at Station 71. The Indian Ridge project will rot, by itself, trigger the need for additional personnel although it does contribute incrementally. Prior to issuance of all building permits, the fire department reviews all plans. The development will comply with all current fire department standards. The . impact on the Fire Department is not significant. Additional mitigation is not necessary. - Schools: The low expected population and retirement, second have nature of the development should result in relatively few school age children. Notwithstanding, the applicant will be required, pursuant to state law, to pay the Desert Sands Unified School District the state school facilities fee in effect at that time (currently $1.56 for 1 square foot for residential and $.26 per square foot of commercial). 8 RESPONSE TO a341!2rs RECEIVED ON DRAFT NATIVE DECI,ARATICN OF IIVVIROWENPAL IMPAC r NOVE U R 8, 1990 The school district is currently reviewing 3 sites on which to locate a new primary school in the north Palm Desert area. Payment of the school facilities fee for this project will help assure there are sufficient funds for the school and thereby alleviate overcrowding at existing primary and middle schools in the city. - Recreation: The project as designed provides for much of the resident's recreational needs on site (i.e. golf, tennis, croquet, pools, spas). The Recreational Element to the City's General Play identifies park sites and the level of development of those parks. While the development is expected to create little need for additional off site recreational facilities, it will be required to pay parks mitigation fee per the city ordinance. Previously, identified mitigation measures include provisions for sidewalks on all four sides of the project to encourage walkers, joggers, etc. as well as on street, delineated bike lanes to provide for bicycles. Impact on recreation by the project is not significant. No additional mitigation is necessary. - Maintenance of Public Facilities/Roads: The onsite roads and facilities will be privately owned and maintained. The four perimeter streets (1 mile each) will be brought up to city standards then dedicated as public streets which will be maintained by the city. The fees and taxes this project and its residents will pay will allow for ongoing long term maintenance. Impact to the city is not significant. - Other Governmental Services: Planning, building, public works and code enforcement services, as provided by the city directly will be provided on the basis of need. Ols experience with large country club developments is that they initially create demand on planning staff, then during constriction a demand is plaosd on building and public works inspections. The Building Director has advised that existing staff inspectors will be assigned to this job and that he does not anticipate the need for additional inspectors. The low number of permanent residents in the project results in a lower than usual number of requests for other governmental services once the development is complete and occupied. c amr", M - Utilities: The environmental assessment indicates no impact on utilities except for storm water drainage. With the number of units involved there must be an impact on utilities (pars. 19). 9 RESPONSE TO COMMENTS RECEIVED ON DRAFT NWATIW DECLARATION OF ENVUC NMRMU R4PACT NMMMSM 8, 1990 Response - Water and sewer service is provided by Coachella Valley Water District. Electric power is provided by Southern California Edison, natural gas by Southern California Gas Company, telephcne service is provided by General Telephone, cable television by Palmer Cable and solid waste by Palm Desert Disposal. Water, sewer, electric power, gas, telephone and cable television service lines exist in street(s) adjacent to the site and are available to serve the project. Palm Desert Disposal is under contract with the city to provide trash pick-up in the city. The local landfill site at Edom Hill and Coachella Valley are expecting to operate through 2019 and 2010 respectively. After that, trash will have to be hauled longer distances, possibly Eagle Mountain which the County of Riverside has under current review. The impacts created by solid waste could have a significant impact. Proposed Mitigation: The project has been conditioned to participate in the City's Recycling program. The clubhouse facility will have separate areas for recycling bins. As well, individual residences will be issued color coded recycling containers. The City's recycling program, as a whole, has an 80% participating level according to the Conservation Manager. This level of participation would reduce the solid waste impacts to a point where they are not significant. Other utilities, except perhaps power lines, will be undergrocnnded pursuant to city ordinance. No further mitigation measures are necessary. Electric power lines exist across the front of the property running east and west from the Edison Substation located 930 feet east of Eldorado Drive. These are 115 KV power lines. City ordinanoe requires that they be u desgrounded unless it is waived by City Council. If it is waived, then it will be consistent with other developments along Country Club Drive. Comment N - Human Health: The use of pesticides and effluent water for . golf courses may be hazardous to one's health (para. 20). Response - The matter of pesticides was discussed previously under Comment G. 10 RESPUZE TO CIIK4ENls RECEIVED CN DRAFT NEGATIVE DECLARATION OF ENVIRat4ENTAL IMPACT NOVEM3ER 8, 1990 The applicant will consider the use of effluent water on the golf courses if it is available in sufficient quantities on a regular basis. This is a usual practice of the Coachella Valley Water District at other existing golf course projects (i.e. Santa Rosa and Palm Desert Greens). To our knowledge, there have been no health problems associated with its use. Additionally, the project will be a gate guarded, walled development. The walls will be six (6) feet high. The public, at large, will not have access to golf courses which would be subject to use of effluent water. C mment O - Mandatory Findings of Significance: The following findings are not supported by any evidence but only by the conclusion of the environmental assessment: Paragraphs 25 a, b, c and d. "The environmental assessment does not address cumulative impacts and it does riot address impacts of regional significance which it is required to do because the proposed project exceeds 500 units." "Moreover, the environmental assessment does not indicate whether or not the submitted project is the entire project or merely a part of a severable or phased project. Therefore it cannot be ascertained whether or not the environmental assessment considers the entire project. "FYutt>Pr, the Initial Assessment does not address the environmental impacts of the proposed mitigation measures which is required by the GSA Guidelines and CEDA itself." "The documents incorporated and relied on in the initial Environmental Study and as a basis for the negative declaration failed to oomply with the requirements of the California Environmental Quality Act and the Guidelines thereunder. The documents incorporated and relied on in the Fhvirc mental Assessment and Initial Study failed to state whether the documents are generally available to the public and Where these documents are available. Moreover, the incorporated documents are not summarized and their data or information summarized as is required by CAA Guidelines." "it is also unclear from the Staff Report and Initial Study and Proposed Findings whether the City has oomplied with the procedural requirements for the preparation and adoption of a negative declaration as set forth." 11 RESPCISE TO OCM�SnS RECEIVED CN DRAFT NEGATIVE DECS.ARATICN OF ENVjjXr44 7tAL DwACT NMMMEER 8, 1990 Response - The project, prior to approval, will be reviewed by the City Architectural Review Comnission and Planning Ccmnissicn for compliance with all city codes, standards and ordinances. The project is a quality development of high end residential units (2 units per acre). It will not degrade the quality of the environment. Development on the site will result in vacant desert being occupied by landscaping, buildings and golf course. This may be viewed as curtailing the diversity in the envirnrrient. As mitigation, the applicant will pay state mitigation fee to add to the established preserve and habitat north of I-10 (fringe-toed lizard preserve) . This will assure long term preservation of the desert environment. The site and development of it can be viewed as "in fill" inthat similar developments exist adjacent to the site to the north, west and east. A similar project is proposed to the south in Indian Wells. The present condition of the property as vacant open space is transitory inthat the County General Plan and subsequently the City's North Sphere Specific Plan designated it for residential development up to 5 dtaelling units per acre. Short term, the impacts will be related to construction activities grading, dust, raise and traffic. Adherence to city codes and ordinances will result in all impacts which have been identified being either insignificant or will be mitigated to a level of insignificance as a result of appropriate conditions placed on the approved request. The project is an "in fill" development in an urbanized/developed area. The density of development is below that of existing adjacent developments. As a result, the project will not have a growth inducing impact beyond that projected in the North Sphere Specific Plan. Growth was induced when "The Resorter" to the east was approved and built in the area. As a result, the project does not have the potential to achieve short-term, to the disadvantage of long term, envircmiental goals. Cumulative impacts are those impacts, which when considered individually, are rot significant: but when considered with the existing project, projects under construction and probable future projects have the potential to be significant. Air quality, energy, water and traffic have the potential to be cumulatively significant. The Pringle Associates traffic study at Table 4 looks at 10 other residential/camnercial developments and includes than in the traffic analysis. The traffic study looks at intersections in the area, their existing levels of service (LOS) and future LOS based on a build-out at 1995 and 2010 based on County General Plan and North Sphere Specific Plan along with a 4% growth factor in traffic volumes. The study then provides a long list of mitigation measures to achieve copnliarnce with City LOS goals. 12 RI� TO Churls RECEIVED ON DRAFT BE PdUW DEC ARATICN OF ENVIIICP14E7M IMPACT NMM BER 8, 1990 Air quality will be impacted by greater traffic volumes; however, recent studies are confirming that much of the area's air quality problem is a result of wind blown pollution from the west and PM 10 from open desert regions. Changing this property from open desert to residential will reduce the PM 10 level in the area. As discussed in more detail in the Monte Carlo EIR at page V6, plans are in place to improve the L.A. Basin air quality which should have a positive impact on local air quality. This in conjunction with local improvements in public transit, provisions of bike lanes and the opening of 42nd Avenue to through traffic from Washington Street to Cook Street should result in reduced trip length and consequently reduce emissions in the immediate area. Water and energy use are directly related to the number of units and population. Both the number of units and projected population are at the low and of the range anticipated in the County General Plan and the City's North Sphere Specific Plan (5 dwelling units/acre versus 2 dwelling units per acre) and 588 - 1440 projected population versus 7360 considered in the North Sphere Specific Plan. This will serve to reduce overall anticipated cumulative impacts and has the potential to reduce density of development in the nearby area thereby reducing those impacts. The emulative impacts of the project in association with existing and known proposed projects in the area, with proper mitigation as identified in the October 16, 1990 staff report and the October 1990 Traffic Study of Pringle and Associates are sufficient to reduce the cumulative impacts to a level of insignificance. From all of the above analysis, we conclude that the project does not have any environmental effects which will cause substantial adverse effects on human beings either directly or indirectly. CEDA defines residential projects in excess of 500 units as being regionally significant. The regionally significant issues with this development are traffic and air quality. Both these issues were considered on a regional basis in the County General Plan and Palm Desert North Sphere Specific Plan. As indicated previously, both these documents permitted up to 5 dwelling units per acre or 3200 dwelling units on the site whereas the proposal is for 1278 units, 39.9$ of the maximum considered in the analysis of both documents. While the size of the proposal may fit the definition of regionally significant, considering the location and prior planning by both the city and Canty of Riverside, the project is not regionally significant. 13 RSP(NSE 10 C OK4ERM RECEIVED CN DRAFT NEGATIVE DECLARATICN OF EtArlRor?4ENTM r4pACr HWEMBER 8, 1990 It is an "in fill" project which, with proper conditions placed cn it, will mitigate impacts to a level of insignificance. Mitigation fees and exactions from this project will go toward payment for regional traffic improvements identified by the regional transportation planning agency, Coachella Valley Association of Governments. Smoother flow of traffic will serve to reduce air emissions regionally. There are no impacts associated with this project which will have regional significance inthat all can be mitigated to a level of insignificance. The proposed development, while it will be constructed in phases, is being reviewed in its entirety at this time. At build-out the project will be as described in Section II of the October 16, 1990 staff report (1278 units on 36 holes of golf). The envircrnmental assessment is based on the entire project. Implementation of the various mitigation measures will have positive long term impacts (i.e. : street widening, as discussed in the traffic study are needed even if the project is not built). Short term impacts of implementing the mitigation measures while they can be irritating (i.e. : noise, traffic delays and air quality associated with street widening) are not deemed to be significant due to their transitory nature. The mitigation measures imposed on the project in and of themselves do not cause a significant impact. For the purposes of the Negative Declaration, we have followed the noticing requirements of Public Resources Code, Section 21091 et SEQ. Moreover in response to this letter we have circulated this Negative Declaration and attachments to the State Clearinghouse pursuant to the provisions of Section 15205 and 15206 of the CE)3A guidelines. The review period for that circulation concludes November 24, 1990. General Plan, City of Palm Desert: This is briefly described as the long term planning document for the city containing all mandatory elements. Specifically, elements relating to land use, housing, population, noise, seismic safety, public facilities, transportation, circulation, eaLservation, open space recreation and energy, and the urban design scenic highway elements were utilized. Also, the Envirvrvental Impact Report prepared in conjunction with the adoption of the General Plan was reviewed. These elements can be described as follows: 14 RESPONSE To aO*WSM RECEIVED ON DRAFT NEGATIVE DECLARATION OF ENVIIEMM'AL IMPACT NDtJFIIMR 8, 1990 LAND USE I This element describes the existing and proposed land uses of the City and its surxcurrling areas, and shows how they relate to one another. This element future la nd use which ' proposed incorporates low to high density development to ensure a consolidation of support facilities (commercial, industrial, public, etc. ) into respective areas to ensure that they provide convenient and oocplementary service where they are most needed and best suited. This element recommended that a specific plan be completed for the north sphere area, which will be annexed into the City in the future. The specific plan will deal with the environmental and other problems prior to development on a large scale. TRANSPORTATICN/CIRCULATICPN This element describes the need for an effective transportation system to serve the local and regional access now and in the future. It further describes various issues (i.e., access, energy) and the various modes of transportation (i.e., pedestrian, autos, bicycle) which must be taken into oonsideration in order to have a full array of service and means of access available. This element proposes a roadway and pathway system which provides for auto- mobile, pedestrian, bicycle, golf cart and public transportation (bus) access and circulation throughout the City and surrounding areas. Although only the main roadways are shown on the Circulation Map, detailed planning on the local level is required to complete the system in a mariner which will make it effective. UFMAN DESIGN/SCFSIIC HIGHWAY This element describes the importance of establishing the identity and character of the City, which in turn, will help to create a greater sense of appreciation and pride in the community. This element proposes that various features such as landmarks, focal points, scenic highway, landscaping and architecture should be utilized to establish an urban design character for the City as a whole and for the respective community neighborhoods. 15 RESPC SE TO Ca44ENIIS RECEIVED ON DRAFT NEGATIVE DECLARATION OF ENVI1XH4INTAL IMPACT HWEyBER 8, 1990 PUBLIC FACILITIES This element discusses the present and future capacities of public facilities (e.g. , schools, police and fire protection, etc. ) in palm Desert. This element discusses the various factors affecting the provision or deliverance of public facilities and/or services in the City be taken into consideration. MUSING This element describes basic housing data (such as price range of units), indicates trends, and establishes present and projected needs. This element proposes that a broad range of reasonably priced but quality- oriented housing types be provided because it is both required and desired in terns of meeting State and Federal Law and the best interests of the community at large. The element reconrends the creation of a higher density overlay zone to encourage and facilitate a variety of housing types (single family, apartments, duplexes, townhouses, etc) by providing flexible design standards, assisting in the application/planning procedure and providing other incentives to produce housing that residents can afford. POPULATION ECONCMICS This element provides basic data about the oamnunity which describes its current population, business, and economic base. This data, along with other information, helps to provide for a better understanding of the community, along with a projection of future trends which must be taken into consideration if effectiveness is to result. SAFETY/NOISE/SEISMIC SAFETY These elements deal with such factors as blowsand, flood control, earthquakes, public safety, drainage and noise. These elements require that all of the various factors affecting the environmental and social quality of the community, be taken into consideration, and that standards and regulations be reviewed. CONSERVATION/OPEN SPACE/RECREATION This element inventories and evaluates the existing natural resources (such as endangered species and plants), park facilities and historical buildings within the City and surxorunding area. 16 RESPONSE TO CLIr-nS RECEIVED ON DRAFT NEGATIVE DECLARATION OF ENVIRONMENM JNpACr NOVEMEER 8, 1990 This element establishes guidelines for the development of park facilities and for the preservation and protection of the natural environment during the continuing development of the City. ENERGY The intent of this element, is to provide the necessary planning (gathering and analyzing data, establishing goals and objectives, and formulating implementation policies and programs), to make the City more energy efficient. In conclusion, local energy consumption levels can be reduced. The element describes how land use controls, such as zoning, subdivision regulations, site plan review can be refined or developed to improve the efficiency of energy use, and reduce local consumption of non-renewable energy sources. Traffic Study For the Indian Ridge Project by Weston Pringle and Associates October 1990: This study examined traffic factors related to the planned Indian Ridge project. The study was based upon procedures and guidelines of the City of Palm Desert and examines conditions in 1995 and 2010 for various development and circulation system scenarios. Potential problem areas are identified and mitigation measures recommended. Monte Carlo Mixed Use Project Environmental n mental Impact Report: This is a draft and final Environmental Impact Report prepared on a residential office professional development located one mile west of the subject property at the northeast corner of Hovley Lane and Cook Street. Draft Environmental Impact Report No. 305 for Comprehensive General Plan Amendment No. 159 and Change of Zane No. 5329, Equity Directions Cbuurtry Club Business Park-West: This is a draft E.I.R. prepared for the County of Riverside for a 118 acre site located immediately northeast of the subject project. Palm Desert North Sphere Specific Plan: This is a specific plan for the north sphere area of Palm Desert extending from Monterey Avenue to Washington Street and from I-10 south to 42nd Avenue . This plan updates the general plan land use , transportation/circulating, public facilities and housing elements as they are applicable to the sphere area. This plan discussed development in the sphere as it relates to the surrounding region. 17 RESPa3SE TO 0344N S RECEIVED CN DRAFT NEGATIVE DECLARATION OF FNVIF044RIML nMPAcr NUAMBER 8, 1990 The land use in the North Sphere Specific Plan is generally consistent with those designated in the County comprehensive General Plan. North Sphere Specific Plan - Technical Studies on Air Quality and Noise These are technical studies of air quality and noise oanlucted as a part of the North Sphere Specific Plan. Essentially these studies established a base line of existing noise level and air quality. Then using the proposed land uses established anticipated impacts and recommended mitigation measures. The North Sphere Specific Plan project included a mix of residential, commercial, office/industrial, recreational, and hotel uses on 4363 acres generally located south of Interstate 10 and north of Highway 111, between Monterey Avenue and Washington Street. The proposed project was a mixed-use development consisting of: 11,790- 12,886 residential dwelling units: 1,454,000 square feet of commmernial space: 5,340,000 square feet of office/industrial space; institutional uses; 534 acres of recreational uses; and 2250-2550 hotel roans. County of Riverside Comorehensive General Plan - (4th Edition): Section 4b. at page 110.20 covers the Western Coachella Valley Plan Community Policies. This is a plan with specific standards for the development of the area in a series of various permitted land uses. The subject site is designated 2B. The standards for 2B areas are delineated at pages 110-32 thru 110-34. Basically, all sewer must be available and the development must be compatible with existing projects. Archaeological Assessment of Site: This report was written for Sunrise Desert Partners by Archaeological Associates Ltd. it describes a study conducted to ascertain whether significant cultural resources were present within the boundaries of a 640+ acre parcel as shown on TT 26123 adjacent to Country Club Drive in Palm Desert, Riverside County. The study consisted of: (1) a records search conducted to determine whether any previously recorded historic or prehistoric material is present on the parcel and (2) a field reconnaissance intended to identify any previously unrecorded cultural resources. The study concluded that "no significant cultural resources were located within the boundaries of the subject property" 18 RBSPCNSE TO COMMEII'S RECEIVED CN DRAFT NEGATIVE DEXX ARATICN OF FSR77RONMESiPAL IMPACT NOVEMEM 8, 1990 Envirnrmental. Impact Report on the 1988 Indian Wells General PlanUpdate: This document is an EIR on the general plan update the City of Indian Wells' undertook. The EIR reviewed any impacts which would result from updating the general plan. Our purpose in reviewing this document was to determine appropriateness of the proposed land use on the subject site immediately north of Indian Wells' boundary. EnvironnPntal Impact Report on 1987 Canprehensive General Plan and zoning Ordinance for City of Rancho Mir In order to better analyze the regional significance of the project we reviewed this document similar in structure and ocntent to the City of Palm Desert General Plan and the City of Indian Wells' General Plan. SS/db 19 MINUTES PALM DESERT PLANNING . OMMISSION OCTOBER 16, 1990 Commissioner Jonathan expressed concern that setbacks be stringent enough so that a "squished" look could be avoided. Mr. Joy informed commission that the project on Monterey that developed with smaller setbacks was a concession to the street widening dedication that the city required. Commissioner Richards asked about height and Mr. Joy replied that the project would be single story, 15 ' -18 ' and would be reviewed by the architectural commission. Commissioner Richards asked Mr. Gunderson if he expected to sell to families or retired people and Mr. Gunderson indicated that in other projects they have been getting a mix of families and second home residents, although there were more and more families and he felt more retirees were buying into country clubs. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, approving the findings as presented by staff. Carried 5-0. Moved by Commissioner Richards, seconded by Commissioner Downs, adopting Planning Commission Resolution No. 1477, approving TT 26392, subject to conditions. Carried 5-0. D. Case Nos. TT 26123, PP 90-21 and Development Agreement - SUNRISE DESERT PARTNERS, Applicant Request for approval of a vesting tentative tract map, precise plan of design, draft development agreement and negative declaration of environmental impact as it pertains thereto for a 1278 unit residential condominium development and related amenities on 637 acres located between Country Club Drive and 42nd Avenue and between El Dorado Drive and Oasis Club Drive. Mr. Smith outlined the salient points of the staff report, noting some changes to the public works conditions of approval. He also indicated that right before the meeting staff received a letter from Mr. Ralph Santopietro expressing concern about the environmental documentation. Staff felt that adequate response was given in the report and from the environmental impact report done by the Riverside County north and east of the proposed project. Staff was satisfied with 4 MINUTES PALM DESERT PLANNINb iOMMISSION - OCTOBER 16, 1990 the environmental documentation that had been done and recommended approval of the project. Chairperson Whitlock asked for clarification regarding the development agreement and Ms. Allen felt it was premature to approve the development agreement and recommended continuance of said agreement to the next meeting. Commissioner Richards asked for the purpose of the development agreement and did not feel adequate time had been given to respond to the letter received. Mr. Smith stated that the applicant could address the issue of the development agreement and Mr. Diaz stated that the letter received was appropriately addressed and indicated that staff prepared a negative declaration of environmental impact after determining the project would not have a significant negative impact on the environment and the request for an environmental impact report . was not appropriate. Commissioner Richards requested that staff spend more time evaluating the concerns in the letter. Chairperson Whitlock opened the public testimony and asked the applicant to address the commission. MR. ALAN LEVINE, representing Sunrise Desert Partners at 42-600 Cook Street in Palm Desert, MR. DALE VELOSHON, the landscape architect, and MR. VEN ROVER, described the proposed project in depth and the drought tolerant plant materials "theme" that would be used throughout the project, as well as the different unit types that would be available. Mr. Levine noted that they had received preliminary approval from the architectural review commission. MR. PHIL SMITH informed commission that the development agreement was to achieve a level of certainty of development for this project which could span five to six years. He also requested that a sentence be added to public works condition no. 4 to the effect that traffic signalization fees required for this project could be used as credit for traffic signal costs; he also requested deletion of public works condition no. 19 requiring undergrounding of the utilities along Country Club Drive, which could not be done because of the high voltage, two duct banks, improvements that would have to be replaced when the utilities were undergrounded, as well as the high cost required for this undergrounding. After further discussion regarding undergrounding, commission felt it would be appropriate to have the condition state that if an undergrounding assessment district were formed, the 5 MINUTES PALM DESERT PLANNING . OMMISSION OCTOBER 16, 1990 applicant would agree to join. Mr. Smith stated he had no problem with that. Chairperson Whitlock asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal . There was no one and the public testimony was closed. Commissioner Downs stated that the project should be moved forward. Commissioner Richards felt it was an excellent project and stated that Sunrise has done good work in the city; he felt the applicant should notify residents about the private membership and indicate an amount of members, possible in the by-laws. Mr. Smith noted that access to the golf courses and club house would be kept totally separate from the residences and being a resident would not grant automatic rights. Mr. Diaz addressed the concerns in the letter that had been distributed and indicated that he went through the check list and listed the items without showing evidence of significant adverse impact. He noted that in back of the check list in the staff report Mr. Smith went through the check g list and established that impacts would not be significant and the letter did not give any evidence otherwise. Staff determined that an environmental impact report was unnecessary and a negative declaration of environmental impact should be , certified. Mr. Diaz informed commission that he had sufficient time to review the letter. Action: Chairperson Whitlock o ened the public testimony and requested a motion regarding the development agreement. Moved by Commissioner Richards, seconded by Commissioner Downs, continuing the development agreement for Indian Ridge Country Club to November 6, 1990. Carried 4-0-1 (Commissioner Jonathan abstained) . Chairperson Whitlock closed the public testimony and requested commission action regarding the tentative tract and precise plan. Moved by Commissioner Richards, seconded by Commissioner Downs, approving the findings as presented by staff. Carried 4-0-1 (Commissioner Jonathan abstained) . Moved by Commissioner Richards, seconded by Commissioner Downs, adopting Planning Commission Resolution No. 1478, 6 MINUTES - PALM DESERT PLANNING XMMISSION OCTOBER 16, 1990 recommending to city council approval of vesting TT 26123, subject to conditions as amended. Carried 4-0-1 ( Commissioner Jonathan abstained) . Moved by Commissioner Richards, seconded by Commissioner Downs, approving the findings as presented by staff. Carried 4-0-1 ( Commissioner Jonathan abstained) . Moved by Commissioner Richards, seconded by Commissioner Downs, adopting Planning Commission Resolution No. 1479, recommending to city council approval of PP 90-21, subject to conditions as amended. Carried 4-0-1 ( Commissioner Jonathan abstained) . VIII . MISCELLANEOUS A. Palm Desert International News Stand Mr. Diaz indicated that a request had been submitted to the city for an international news stand and showed commission pictures of the news stand in Beverly Hills. Commission found this concept acceptable and Commissioner Richards noted that it could do well in an area with high pedestrian traffic, such as E1 Paseo or the Town Center. Chairperson Whitlock asked if the E1 Paseo Merchants Association had been informed of the request; Mr. Diaz stated that they would be notified since the commission found the concept acceptable. IX. ORAL COMMUNICATIONS Any person wishing to discuss any item not otherwise on the agenda may address the Planning Commission at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of five minutes unless additional time is authorized by the Planning Commission. X. COMMENTS None. XI . ADJOURNMENT 7 PLAN! fG COMMISSION RESOLUTION . 1478 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND VESTING TENTATIVE TRACT MAP FOR A 1278 UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT IN SECTION 11 T5S R6E. CASE NO. VESTING TT 26123 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of October, 1990, hold a duly noticed public hearing to consider the request of SUNRISE DESERT PARTNERS for approval of a Negative Declaration of Environmental Impact, vesting TT 26123 for a 1278 unit residential condominium development on Section 11, T5S R6E; 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. 80-89, " in that the director of community development has determined that the project will not have an adverse 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 approval of said vesting map and Negative Declaration of Environmental Impact: ( a) That the proposed vesting map is consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. (c) That the site is physically suitable for the type of development. (d) That the site is physically suitable for the proposed density of development. ( e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. ( f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. PLANNING COMMISSION SOLUTION NO. 1478 WHEREAS, in the review of this tentative tract map the planning commission has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources. 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 the Negative Declaration of Environmental Impact Exhibit "A" and Vesting Tentative Tract Map No. 26123 are hereby recommended to the city council for approval for the reasons set forth in this resolution and in the staff report dated October 16, 1990 and subject to the attached conditions, Exhibit "B" . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of October, 1990, by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARDS, AND WHITLOCK NOES: NONE ABSENT: NONE ABSTAIN: JONATHAN CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary SRS/tm 2 PLANNING COMMISSION 'SOLUTION NO. 1478 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NOS: Vesting TT 26123, PP 90-21 and Development Agreement APPLICANT/PROJECT SPONSOR: Sunrise Desert Partners 46-200 Cook Street Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Vesting tentative tract map for a 1278 unit residential condominium golf course and country club development in Section 11, T5S R6E SBBM. 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. October 16, 1990 RAMON A. DIAZ DATE DIRECTOR OF COMMUNITY DEVELOPMENT SRS/tm 3 PLANNING COMMISSION iOLUTION NO. 1478 EXHIBIT "B" CONDITIONS OF APPROVAL CASE NO. VESTING TT 26123 Department of Community Development/Planning• 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. The approval of this vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by the Subdivision Ordinance for the expiration of the approval of a tentative map. 3 . That the rights contained in the tentative vesting map shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Condition 2 above. If the final map is approved then 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. 4. 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. 5 . Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Desert Sands Unified School District 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. 6. That the setbacks for dwellings in this project shall be as required in the precise plan, PP 90-21 . 7 . That the approval shall be null and void unless said property is annexed to the City of Palm Desert. 4 PLANNING COMMISSION —SOLUTION NO. 1478 8. That the landscape theme for the development include significant areas of drought tolerant landscape materials to reduce water usage and that all parkway landscaping within the right-of-way shall be drought tolerant subject to approval of the Environmental Conservation Manager. 9 . That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance 612, said enclosures subject to approval of Environmental Conservation Manager. 10. That the street plans provide marked on the street bicycle lanes on E1 Dorado, 42nd Avenue and Oasis Club Drive. The bicycle lane on Country club will be on the sidewalk. Department of Public Works: 1 . The project shall be designed to retain drainage from a 100-year storm on-site. Drainage fees for the construction of regional drainage improvements which would be necessary regardless of the on-site drainage retention shall be paid prior to the recordation of the final map. The amount of these fees shall be based upon the City of Palm Desert Master Drainage Plan prepared by NBS/Lowery upon its adoption by the Palm Desert City Council . 2. Any drainage/retention are facilities 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. 3 . Applicant shall provide for the conversion of the existing three- way traffic signal on Country Club Drive at the main project entry to a four-way configuration and pay one-fourth the cost of traffic signal installation at the intersections of Country Club Drive and Oasis Club Drive, 42nd Avenue and Oasis Club Drive, and El Dorado Drive and 42nd Avenue. The payment of these costs shall coincide with the approval and recordation of the associated final maps. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of building permits. Traffic signalization fees required for this project may be used as credits against traffic signal costs. 4. 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 5 PLANNING COMMISSION ' SOLUTION NO. 1478 approved by the public works department and a surety posted to guarantee the installation of required offsite improvements prior to recordation of the final map. 5 . 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. Minimum improvements shall include, but not be limited to the following: Country Club Drive: * C o n s t r u c t i o n o f a deceleration/acceleration lane for main entry. * Construction of an 8 foot wide meandering sidewalk. * Installation of perimeter landscaping as approved by the City of Palm Desert. Oasis Club Drive: * Construction of curb and gutter and AC paving at 38 feet from centerline. * Construction of a 6 foot wide sidewalk. * Installation of perimeter landscaping as approved by the City of Palm Desert. El Dorado Drive: * Construction of curb and gutter and AC paving at 43 feet from centerline. * Construction of a deceleration lane at the maintenance are entry and Country Club Drive intersection. * Construction of one-half of a raised, landscaped median island. * Construction of an 6 foot wide meandering sidewalk. * Installation of perimeter landscaping as approved by the City of Palm Desert. 42nd Avenue: * Construction of curb and gutter and AC paving at 38 feet from centerline. * Construction of a 6 foot wide sidewalk. * Construction of one-half of a raised, landscaped median island in the roadway section where no improvements currently exist and construction of a full raised, landscaped median island in the roadway section where improvements currently exist south of centerline. * Installation of perimeter landscaping as approved by the City of Palm Desert. 6 PLANNING COMMISSION ' 7SOLUTION NO. 1478 Interior Streets: * Improvements as shown on the tentative map. In addition to the above noted items, those traffic mitigation measures identified in the project Traffic Impact Analysis prepared by Weston Pringle and Associates shall be provided. `'e subject report and proposed mitigation measures shall be approved by the public works department. 6 . 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. 7. Traffic safety striping on Country Club Drive, Oasis Club Drive, 42nd Avenue, El Dorado Drive and all interior streets shall be provided to the specifications of the director of public works and shall include the use of approved thermoplastic paint and raised pavement markers. A traffic control plan must be submitted to, and approved by, the director of public works prior to the issuance of any permits associated with this project or placement of any pavement markings. 8 . Developer shall participate in the proposed City of Palm Desert Mello-Roos Community Facilities District (Cook Street Improvements) or assessment district to the extent determined by the "Special Tax Report" to be filed in connection with the proceedings of the City of Palm Desert, in the Office of the City Clerk of the City of Palm Desert. The maximum obligation associated with this project shall be $1, 687, 712.00. 9 . Landscaping maintenance on the property frontages shall be provided by the property owner and/or property owners association. 10. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans and specifications shall be submitted to the director of public works for checking and approval prior to issuance of any permits. 11 . Complete tract map shall be submitted as required by ordinance to the director of public works for checking and approval before issuance of any permits. 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. 7 PLANNING COMMISSION i OLUTION NO. 1478 13 . Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 14. Waiver of access to Country Club Drive, E1 Dorado Drive, 42nd Avenue and Oasis Club Drive, except at approved locations, shall be granted on the final map. 15 . Applicant shall pay Transportation Uniform Mitigation Fees (TUMF) in accordance with applicable city ordinance. Payment of these fees shall be credited against the City of Palm Desert Mello-Roos Community Facilities District (Cook Street Improvements) in the event such a district is formed. 16. Half street right-of-way at fifty-five feet on Country Club Drive, fifty-five feet on E1 Dorado Drive, fifty feet on 42nd Avenue and fifty feet on Oasis Club Drive for dedication on the final map. 17. Improvement plans for water and sewer systems shall be approved by the respective service districts with "as-built" plans submitted to the department of public works prior to project final . 18. As required by the Palm Desert Municipal Code, all existing overhead utilities shall be placed underground per each utility districts recommendation. Applicant agrees to join in any assessment district which may be formed for the undergrounding of those existing overhead facilities which cannot currently be undergrounded due to their size. 19 . A complete preliminary soils investigation, prepared by a registered soils engineer, shall be submitted to and approved by the public works department prior to the issuance of any permits. SRS/tm 8 INDIAN RIDGE COUNTRY CLUB MESQUITE LOT OWNERSHIP AND CONFIGURATION: CONDOMINIUM BUILDING TYPE: SINGLE FAMILY LOT SIZE: 75' X 130' SETBACKS: FRONT YARD - 22' TO FACE OF GARAGE SIDE YARD - 15' TO 16' NUMBER OF STORIES: ONE HEIGHT OF BUILDINGS: 24'+/- SQUARE FOOTAGE RANGE: 3,050 - 39690 NUMBER OF BEDROOMS/NUMBER OF BATHS: 2 OR 3 PLUS DEN OR LIBRARY/ 3% GARAGE: TWO-CAR PLUS GOLF CART, FRONT AND SIDE-LOADED ROOF PITCH: 5:12 ARCHITECTURAL STYLE: MEDITERRANEAN EXTERIOR MATERIALS: ROOF - CLAY S-TILE WALLS - STUCCO (SAND FINISH) FASCIA - TIGHT STUCCO AND EXPOSED RAFTER TAILS WINDOWS-WOOD AT COURTYARDS;METAL ON SIDE AND REAR YARDS WROUGHT IRON RAILING AND DETAILS GARAGE DOORS - ROLL-UP COLORS: SEE COLOR BOARD i INDIAN RIDGE COUNTRY CLUB SMOKE TREE LOT OWNERSHIP AND CONFIGURATION: CONDOMINIUM, Z-LOT BUILDING TYPE: SINGLE FAMILY LOT SIZE: 50' X 130' SETBACKS: FRONT YARD - 22' TO FACE OF GARAGE SIDE YARD - Z-LOT WITH 10' TO 15'6" NUMBER OF STORIES: ONE AND TWO HEIGHT OF BUILDINGS: SINGLE STORY - 1810" +/- TWO STORY - 2310" +/- SQUARE FOOTAGE RANGE: 2,324 - 3,215 NUMBER OF BEDROOMS/NUMBER OF BATHS: 2 + DEN OR 3/3 OR 3V2 GARAGE: TWO CAR, FRONT LOADED ROOF PITCH: 5:12 ARCHITECTURAL STYLE: CRAFTSMAN EXTERIOR MATERIALS: ROOF - FLAT CLAY OR CONCRETE TILE WALLS - STUCCO (SAND FINISH) FASCIA - WOOD WINDOWS - METAL WROUGHT IRON RAILS GARAGE DOORS - ROLL-UP COLORS: SEE COLOR BOARD • INDIAN RIDGE COUNTRY CLUB PALO VERDE LOT OWNERSHIP AND CONFIGURATION: CONDOMINIUM BUILDING TYPE: DUPLEX LOT SIZE: 83' X 130' SETBACKS: FRONT YARD - 22' TO FACE OF GARAGE SIDE YARD - 7'3" TO 10' NUMBER OF STORIES: ONE HEIGHT OF BUILDINGS: 22'+/- SQUARE FOOTAGE RANGE: 1,795 - 2,544 NUMBER OF BEDRMS/NUMBER OF BATHS: 2 PLUS DEN OR 3/2 OR 3 GARAGE: TWO-CAR, FRONT-LOADED ROOF PITCH: 4:12 ARCHITECTURAL STYLE: MEDITERRANEAN EXTERIOR MATERIALS: ROOF - CLAY S-TILE WALLS - STUCCO (SAND FINISH) FASCIA - TIGHT STUCCO AND EXPOSED RAFTER TAILS WINDOWS - METAL GARAGE DOORS - ROLL-UP COLORS: SEE COLOR BOARD r INDIAN RIDGE COUNTRY CLUB OCOTILLO LOT OWNERSHIP AND CONFIGURATION: CONDOMINIUM BUILDING TYPE: FOURPLEX, STACKED FLATS LOT SIZE: 93' X 130' SETBACKS: FRONT YARD - 10' TO FACE OF BUILDING SIDE YARD - 7'6" NUMBER OF STORIES: TWO HEIGHT OF BUILDINGS: 26'+/- SQUARE FOOTAGE RANGE: 1,315 - 1,750 NUMBER OF BEDROOMS/NUMBER OF BATHS: 2 OR 312 OR 3 GARAGE: TWO-CAR, SIDE-LOADED ROOF PITCH: 4:12 ARCHITECTURAL STYLE: CRAFTSMAN EXTERIOR MATERIALS: ROOF - FLAT CLAY OR CONCRETE TILE WALLS - STUCCO (SAND FINISH) FASCIA - WOOD WINDOWS - METAL WROUGHT IRON RAILING AND DETAILS GARAGE DOORS - ROLL-UP COLORS: SEE COLOR BOARD Oq NAM o 0 o n 73-510 FRED WAKING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE(619)346-0611 October 23, 1990 State Clearinghouse 1400 Tenth Street Sacramento, California 95814 Regarding: City of Palm Desert Indian Ridge Country Club Vesting TP 26123 and Precise Plan 90-21 Dear Sir or Madam: The enclosed documents are filed pursuant to State CEQA Guidelines Section 15205(b)(3) and 15206 (b)(2)(A). Please find ten (10) sets of a proposed mitigated Negative Declaration, initial study, narrative response to initial study and proposed conditions (mitigation measures) to be applied to the project for your circulation purposes. Pursuant to Section 15205 (d), we hereby request a shorter review period. We request that the review period end November 8, 1990. Thank you for your consideration of this. Should you have any questions, please do not hesitate to call. Yours truly, STEVE R. SMITH ASSOCIATE PLANNER Enclosures SRS/db Off pa0om D o o T2 - 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE(619)346-0611 October 12, 1990 ARCHTTECTURAL REVIEW C0144 SIGN ACTION CASE NO.: PP 90-21 APPLICANT (ARID ADDRESS): SUNRISE DESERT PARTNERS, 42-600 Cook Street, Suite 200, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGH: Preliminary appal Of unit and landscape plan for country club development LOCATION: South of Country Club, North of 42nd Street, East of E1 Dorado, West of Oasis Drive ZONE: PR-5 --------------------------------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission granted preliminary approval of the landscape plan with further study to be placed on wall relief. Motion carried 4-0. Commission granted preliminary approval of architectural plans as submitted. Motion carried 3-1, with Commission Urrutia opposing. Date of Action: October 9, 1990 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. ) --------------------------------------------------------------------------- STAFF 014 ENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday prior to the next meeting. MINUTES PALM DESERT PLANNING O"ISSION AUGUST 7, 1990 Action: Moved by Commissioner Downs, seconded by Commissioner Jonathan, approving the consent calendar by minute motion. Carried 5-0. VII. PUBLIC HEARINGS A. Case No. C/Z 90-9 - SUNRISE DESERT PARTNERS, Applicant Request for approval of the prezon'g of Section 11 , T5S R6E ( 640 acres ) PR-5 (planned residential, 5 dwelling units per acre) and P (public ) and a negative declaration of envirormiental impact as it pertains thereto. Mr. Diaz outlined the salient points of the staff report and recommended approval to city council. Chairperson Whitlock opened the public testimony and asked if the applicant wished to address the commission. MR. PHIL SMITH, Sunrise Company, informed commission he was present to answer any questions. Chairperson Whitlock asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal. There was no one and the public testimony was closed. Commissioner Richards indicated he had no problem with the proposal and indicated that he would initiate a motion for approval. Action Moved by Commissioner Richards, seconded by Commissioner Downs, approving the findings as presented by staff. Carried 4-0-1 (Commissioner Jonathan abstained). Moved by Commissioner Richards, seconded by Commissioner Downs, adopting Planning Camiission Resolution No. 1459, recommending to city council approval of C/Z 90-9. Carried 4-0-1 (Commissioner Jonathan abstained). B. Case No. CUP 90-12 - HARRY LIOSIS, Applicant Request for approval of a 19,000 square foot two story office building with a modification to the 2 October 16 , 1990 The Planning Commission City of Palm Desert 73-150 Fred Waring Dr. Palm Desert, Ca. 92260 Subject: Proposed Negative Declaration for Palm Desert Vesting Tentative Tract 26163 Precise Plan 90-21 and Development Agreement proposed by applicants Sunrise Desert Partner. Gentlemen: We have reviewed the City of Palm Desert Department of Community Development Staff Report and Environmental Services Department Initial Study and disagree with its conclusion that a negative declaration or a mitigated negative declaration should be adopted. Insufficient evidence is presented in the Staff Report and accompanying documents to determine whether or not there is any evidence to support the conclusion that a negative declaration or a mitigated negative declaration should be adopted. In addition, the mandatory findings of significance in the Initial Study are contradicted by the specific findings of environmental impact in the Checklist. For example see Finding 25A versus Checklist Finding 5A and B. In addition, it appears that the following are unaddressed, or inadequately addressed environmental impacts: A. Soil erosion (para.le) . LVifk0 B. Air emmission, deterioration of ambient air quality and air moisture (para. 2a) . C. Water: 3 .a Changes in water currents (para. 3a) ; changes in c v absorption of water (para. 3b) ; effect on aquifer (para. 3e) ; and amount of water available for public supplies (para 3f) . D. Plant Life: Changes in number of species (para. 4a) ; unique species (para 4b) ; new plant species (para 4c) . I Planning Commission City of Palm Desert October 16, 1990 Page 2 E. Animals: Change in number of species (para. 5a) ; reduction of the number of unique species or endangered animals (para. 5b) ; and the deterioration in existing wildlife habitat (para. 5d) . F. Energy: Demand upon existing sources of energy (para.7b) . S C f� G. Risk of Upset: pY The possibility of release of pesticides (para. 8) . � H. Economic Loss: Changes caused by flooding (para. 9a) is contradicted by (para. 3a and 3b) . I. Population: a) Alteration and increase in population (para. 13a) which appears to be contradicted by the finding of impact from employment in paragraph 14. "I J. Housing: Changes in housing will obviously occur but the assessment indicates that none will occur (para. 15a and para. 15b) . K. Traffic: Assessment indicates that there is an impact on almost vi every traffic category which in turn will effect air quality and /P: there does not appear to be a sufficient assessment of its impacts on air quality and circulation impacts by the attached reports. �+� L. Public Services: The assessment indicates no impact for any public services by a proposed 640 acre, 1278 unit residential condominium development including two 18 hole golf courses, etc. This appears to be unbelievable and incredible (para. 17) . Planning Commission City of Palm Desert October 16, 1990 Page 3 M. Utilities: The environmental assessment indicates no impact on utilities except for storm water drainage. With the number of units involved there must be an impact on utilities (para. 19) . N. Human Health: The use of pesticides and effluent water for golf courses may be hazardous to one's health (para. 20) . 0. Mandatory Findings of Significance: The following findings are not supported by any evidence but only by the conclusion of the environmental assessment: Paragraphs 25 a, b, c and d. The environmental assessment does not address cumulative impacts and it does not address impacts of regional significance which it is required to do because the proposed project exceeds 500 units. Moreover, the environmental assessment does not indicate whether � or not the submitted project is the entire project or merely a part of a severable or phased project. Therefore it cannot b ascertained whether or not the environmental assessment considers the entire project. Further, the Initial Assessment does not address the environmental impacts of the proposed mitigation measures which is required by the CEQA Guidelines and CEQA itself. The documents incorporated and relied on in the Initial Environmentl Study and as a basis for the negative declaration failed to comply with the requirements of the California Environmental Quality Act and the Guidelines thereunder. The documents incorporated and relied on in the Environmental Assessment and Initial Study failed to state whether the documents �yG are generally available to the public and where these documents are available. Moreover, the incorporated documents are not summarized and their data or information summarized as is required by CEQA Guidelines. It is also unclear from the Staff Report and Initial Study and Proposed Findings whether the City has complied with the procedural requirements for the preparation and adoption of a negative 1U 1 L� Planning Commission City of Palm Desert October 16, 1990 Page 4 declaration as set forth. Therefore, I believe an environmental impact report is mandated for this project. Ralph ntopiet , 48817 Sun Coral Trail Palm Desert, Ca. 92260 O i October 1.6 , 1990. The Planning Commission City of Palm Desert 73-150 Fred Waring Dr. Palm Desert, Ca. 92260 Subject: Proposed Negative Declaration for Palm Desert Vesting Tentative Tract 26163 Precise Plan 90-21 and Development Agreement proposed by applicants Sunrise Desert Partner. Gentlemen: We have reviewed the City of Palm Desert Department of Community Development Staff Report and Environmental Services Department Initial Study and disagree with its conclusion that a negative declaration or a mitigated negative declaration should be adopted. Insufficient evidence is presented in the Staff Report and accompanying documents to determine whether or not there is any evidence to support the conclusion that a negative declaration or a mitigated negative declaration should be adopted. In addition, the mandatory findings of significance in the Initial Study are contradicted by the specific findings of environmental impact in the Checklist. For example see Finding 25A versus Checklist Finding 5A and B. In addition, it appears that the following are unaddressed, or inadequately addressed environmental impacts: A. Soil erosion (para. le) . B. Air emmission, deterioration of ambient air quality and air moisture (para. 2a) . C. Water: 3 .a Changes in water currents (para. 3a) ; changes in absorption of water (para. 3b) ; effect on aquifer (para. 3e) ; and amount of water available for public supplies (para 3f) . D. Plant Life: Changes in number of species (para. 4a) ; unique species (para 4b) ; new plant species (para 4c) . l Planning Commission City of Palm Desert October 16 , 1990 Page 2 E. Animals: Change in number of species (para. 5a) ; reduction of the number of unique species or endangered animals (para. 5b) ; and the deterioration in existing wildlife habitat (para. 5d) . F. Energy: Demand upon existing sources of energy (para.7b) . G. Risk of Upset: The possibility of release of pesticides (para. 8) . H. Economic Loss: Changes caused by flooding (para. 9a) is contradicted by (para. 3a and 3b) . I I. Population: a) Alteration and increase in population (para. 13a) which appears to be contradicted by the finding of impact from employment in paragraph 14. J. Housing: Changes in housing will obviously occur but the assessment indicates that none will occur (para. 15a and para. 15b) . K. Traffic: Assessment indicates that there is an impact on almost every traffic category which in turn will effect air quality and there does not appear to be a sufficient assessment of its impacts on air quality and circulation impacts by the attached reports. L. Public Services: The assessment indicates no impact for any public services by a proposed 640 acre, 1278 unit residential condominium development including two 18 hole golf courses, etc. This appears to be unbelievable and incredible (para. 17 ) . Planning Commission City of Palm Desert October 16, 1990 Page 3 i 1 M. Utilities: The environmental assessment indicates no impact on utilities except for storm water drainage. With the number of units involved there must be an impact on utilities (para. 19) . i j N. Human Health: The use of pesticides and effluent water for golf courses may be hazardous to one's health (para. 20) . i O. Mandatory Findings of Significance: The following findings are not supported by any evidence but only by the conclusion of the environmental assessment: Paragraphs 25 a, b, c and d. The environmental assessment does not address cumulative impacts and it does not address impacts of regional significance which it is required to do because the proposed project exceeds 500 units. Moreover, the environmental assessment does not indicate whether or not the submitted project is the entire project or merely a part of a severable or phased project. Therefore it cannot be ascertained whether or not the environmental assessment considers the entire project. Further, the Initial Assessment does not address the environmental impacts of the proposed mitigation measures which is required by the CEQA Guidelines and CEQA itself. The documents incorporated and relied on in the Initial Environmentl Study and as a basis for the negative declaration failed to comply with the requirements of the California Environmental Quality Act and the Guidelines thereunder. The documents incorporated and relied on in the Environmental Assessment and Initial Study failed to state whether the documents are generally available to the public and where these documents are available. Moreover, the incorporated documents are not summarized and their data or information summarized as is required by CEQA Guidelines. It is also unclear from the Staff Report and Initial Study and Proposed Findings whether the City has complied with the procedural requirements for the preparation and adoption of a negative Planning Commission City of Palm Desert October 16, 1990 Page 4 declaration as set forth. Therefore, I believe an environmental impact report is mandated for this project. ; R Ralph �9antopiety 48817 Sun Coral Trail Palm Desert, Ca. 92260 AN ARCHAEOLOGICAL ASSESSMENT OF A 640+ACRE PARCEL AS SHOWN ON TT 26123 LOCATED IMMEDIATELY SOUTHWEST OF THE INTERSECTION OF COUNTRY CLUB DRIVE AND OASIS CLUB DRIVE IN PALM DESERT, RIVERSIDE COUNTY by Archaeological Associates, Ltd. P.O. Box 180 Sun City, CA 92381 (714) 244-1783 (FAX) 244-0084 September 3, 1990 The undersigned certifies that the attached report is a true and accurate description of the results of an ARCHAEOLOGICAL survey described herein. Laurie S. White Principal Investigator L INTRODUCTION The following report was written for Sunrise Desert Partners by Archaeological Associates Ltd. It describes a study conducted to ascertain whether significant cultural resources are present within the boundaries of a 640+acre parcel as shown on TT 26123 adjacent to Country Club Drive in Palm Desert, Riverside County. The study consisted of: (1) a records search conducted to determine whether any previously recorded historic or prehistoric material is present on the parcel and (2) a field reconnaissance intended to identify any previously unrecorded cultural resources. IL STUDY AREA LOCATION AND ENVIRONMENT The study area is located immediately southwest of the intersection of Country Club Drive and Oasis Club Drive in Palm Desert, Riverside County. It comprises all of Section 11, Township 5 South, Range 6 East, San Bernardino Base Meridian as shown on portions of the USGS Myoma & La Quinta 7.5' Topographic Quadrangles (Figure 1). The parcel is square in shape with the northern boundary lying adjacent to Country Club Drive and the eastern boundary adjacent to Oasis Club Drive. A portion of the southern boundary is delineated by 42nd Avenue as is a portion of the western boundary by El Dorado Drive. Figure 1 shows the study area plotted on portions of the USGS Myoma and La Quinta 7.5' Topographic Quadrangle. Topographically, the parcel comprises an undulating sand field that drains to the northeast. Elevations range from a maximum of 225 feet above sea level midway along the western boundary to a minimum of 140 feet in the northeast property corner. Study area vegetation is very sparse, and is best represented by the Creosote Bush Scrub plant community. Some of the more readily identifiable plants observed included: creosote bush and sage. Fauna observed included a coyote, jackrabbits, roadrunner, doves, ravens and the unmistakeable tracks of the sidewinder. Soils comprise blow-sand and some sand hardpan. No natural surface water or bedrock was observed anywhere on the property. Disturbed locations within the study area comprise a graded pad for several temporary buildings adjacent to El Dorado Drive, the SCE Concho Substation and well site adjacent to Country Club Drive, numerous access I V o 1 J l \ cll'� COU IRv Uri `. iFNE , J Pn 10 � .. to ■ 11 12 .1 ■ 1 ■ m i_■.>. a�.u_■.■.�.ui.■.0 `.._./ — � 1 t It i O I _ 11 p `-Y1I1It\` i 0 fq 71 Figure 1 Study area boundaries plotted on portions of the USGS Myoma & La Quinta 7.5' Topographic Quadrangles. 1 � I \ } PR5 \I I N. ��l i � � � it i • \ I 1 f. \ \ \ 1 Figure 2 Study area as illustrated on TT 26123 200 Scale map reduced 108% from original roads and ORV trails, and a derilict automobile and motorcycle. Furthermore, piles of dumped building materials, household junk and appliances can be found scattered throughout the property. III. RECORDS SEARCH A records. search of the study area was conducted by Archaeological Associates' staff at the Archaeological Research Unit, University of California at Riverside. The results of the search indicated that no prehistoric or historic archaeological sites are recorded within the boundaries of the study area. However, one historic and one prehistoric site have been recorded within a one mile radius of the subject property. The historic site is described as an early 1900's adobe house, the prehistoric site as remnants of a possible fire-hearth. The closest of the two sites, Riv-3222, is characterized as a scatter of charcoal, burnt clay and one groundstone fragment. It is located approximately 1/2-mile to the northeast. IV. FIELD RECONNAISSANCE A field reconnaissance of the study area was conducted by Robert White, Laurie White, and Jeff Linscheid on August 31, September 1, & 2, 1990. The survey commenced in the southeast property corner at the intersection of Oasis Club Drive and 42nd Avenue and proceeded in a northerly direction. Surface visibility was excellent, approaching 100% throughout the property. The survey was conducted by walking parallel transects spaced at 15-20 meter intervals across the parcel. No significant cultural resources were located within the boundaries of the subject property. V. RECOi1dNIENDA1IONS The records search failed to indicate the presence of any recorded prehistoric or historic resources within the boundaries of the subject property. The results of the field reconnaissance were also negative. Since a reasonably thorough investigation has failed to reveal the presence of any potentially significant cultural resources within the study area, no further mitigation measures in conjunction with cultural resources are recommended. nu 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE(619)346-0611 SEPTEMBER 12, 1990 CITY OF PALM DESERT LEGAL NOTICE CASE NO. VESTING TT 26123, PP 90-21 AND A DEVELOPMENT AGREEMENT NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by Sunrise Desert Partners for approval of a Vesting Tentative Tract Map, a precise plan of design, draft development agreement and negative declaration of environmental Impact as it pertains thereto for a 1270 unit residential condominium development including 2, 18 hole golf courses, tennis facilities and related amenities on 637 acres located between Country Club Drive and 42nd Avenue and between El Dorado Drive and Oasis Club Drive also described as section 11 , T5S R6E. li li p r _ �•:�. AYONOALE JI :I PALM VALLEY !I REGEINCY .. PALMS '•T L.COUOSRT CLUB DRIVE I. LAKES i it li � a RESORTER a a SUBJECT PROPERTY o c S0 w O N t PR. 5 w I i CC o N � a2cd AVENUE o II 0 J • INo onlve SAID public hearing will be held on Tuesday, October 16, 1990, 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/planning at the above address between the hours of 8:00 a.m. and 4:30 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 (or city council ) at, or prior to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ, Secretary September 21 , 1990 Palm Desert Planning Commission SENT BYIXerox Telecopier 7020 9-21-90 1 3: 15PM 61934005744 61934066984 2 G CITY OF PALM DESERT TO, Honorable Mayor and City Council FROM: City Manager DATE: .Brae 14, 1990 suBja=; Indian Ridge Country Club Annexation Indian Ridge Country Club project encompasses 640 acres in the Palm Desert's sphere of Influence, it is bounded by El Dorado Drive, Oasis Club Drive, Hovley Lane and Country Club. Sunrise Corporation intends to develop two residential country club projects on, the site; and wishes to develop these projects within the City of Palm Desert. City staff and the annexation committee has met with representatives of Sunrise Corporation. Attached is a letter from Mr. Paul Smith of Sunrise Corporation which identifies their concerns relating to the future annexation. Their concerns center on twv issues: me, the future Mello- Roos District for the creation of a Cook Street inteir umve at I-10; and drainage. in reviewing their proposals on these matters as outlined, we find that they are consistent with tentative agreements reached with other developers within Palm Desert. We, therefore, recommend that staff be instructed to proceed with the annexation and processing the appropriate development agreements to approve and annex the property in question. IM CITY COUNCI ACTION: D$NIEiS CITY MANAGER APPROVED --RECEIVED— OTHER __�� BA/RAD/db ML.ETING ATE _ NOR$: ABSEN'. :�AS ABSTAIN: VERIFIED BY: ity Clerk' s Ofi.i a original on File wi bhN1 Ur :xerux lelecopier 7U20 9-21-9U ; 3: 16PM I 6193400574- 61934066984 3 I SUMSE RECEIVED COMPANY J U N W1, L PALM Geaw 04,MAL6 clT "ftArep +�f June 1, 1990 Mr. Bruce Altman City Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Indian Ridge Country Club Dear Bruce: I appreciated the opportunity to meet with you, Ray Diaz and Dick Folkers last Friday to discuss our Indian Ridge project. I would like to summarize my understanding of the tentative agreement we reached at that meeting. 1. We will agree that our 640 acre Indian Ridge parcel -- now located in the County, but to be annexed to Palm Desert - - will participate in the proposed Mello-Roos community facilities district for Cook Street improvements. Our maximum obligation in the Mello-Roos district will be $1,687,712 . This amount was computed as follows, based on the M. F. Whipple report dated May 15, 1990: 640 acres X . 65 (factor for property in Zone F) X $4, 057 (cost per adjusted acre) a $1,687#712. 2 . Any Transportation Uniform Mitigation Fee (TUMF) paid in connection with the project will be credited against the Mello-Roos obligation. 3. We will advance $50, 000 as "seed money" for the formation of the Mello-Roos district. This amount may be recovered out of Mello-Roos bond proceeds. 4. We will design our project to retain a 100 year storm on site. When the city's drainage study is completed and a drainage fee per acre is established applicable to our property, we will be given a fair and equitable credit against the fee. Thus, we will pay a reduced fee allocable only to those "regional" drainage facilities Vco99 6eek Street, <e: O, Palm k4grtl Fali(ernle 9940, Telephone (619) 568-2828 SENT BY;Xerox Telecopier 7020 ; 9-21-90 ; 3: 15PM 6193400574- 6193406696;# 4 Page 2 which will be necessary regardless of the design of our project. This approach is similar to the one used' by the City in establishing the drainage fee for Marriott's Desert Springs Resort & Spa. 5. We will proceed with the annexation of our property to the City of Palm Desert, pre-annexation zoning, precise plan and vesting tentative map, along with a pre-annexation and development agreement to confirm the matters covered in this letter. 6. The City will cooperate with us in "fast track" processing of our applications and will assist in expediting LAFCo processing of the annexation. Please let me know if you have any questions or if my understanding of our tentative agreement is different from yours. I would appreciate your obtaining the approval in concept of this agreement from your City Council. We will then be in a position to make our filing for annexation and the various approvals. Thanks again for your assistance. We look forward to working with you and your staff and to developing this exciting project in the City of Palm Desert. Very ly yours, , / J: .. Phillip K. Smith, Jr. Executive Vice President PKS:mm 0 73-510 FRED WANING DRIVE, PALM DESERT, CALIFORNIA 92260 IT ELEPHONE(619)346-0611 October 2, 1990 CITY OF PALM DESERT LEGAL NOTICE CASE NO. VESTING TT 26123, PP 90-21 AND A DEVELOPMENT AGREEMENT NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by Sunrise Desert Partners for approval of a Vesting T-entat'ive Tract Map, a precise plan of design, draft development agreement and negative declaration of environmental impart as it pertains thereto for a 1270 unit residential condominium development including Zr 18 hole golf courses, tennis facilities and related amenities on 637 acres located between Country Club Drive and 42nd Avenue and between E1 Dorado Drive and Oasis Club Drive also described as section 11 , T5S R6E. SAID public hearing will be held on Thursday, November 6, 1990, 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/planning at the above address between the hours of 8.00 a.m. and 4:30 p.m. Monday through Friday. If you chaIIonge the pr°oflosecl actiol-0 iR yaw may erf IImitam fn rai,51ng only those 155i.IP„9 you nr somenne eise raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city Council ) a!,, or prior t(-), the public hearing, PUBLISH! Desert Bost SHIFLA GILLIC;AN, City (Jerk October 5, 1990 r"lt:.y of maim Desert, California RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: (Space Above This Line For Recorder's Use) INDIAN RIDGE COUNTRY CLUB PREANNEXATION AND DEVELOPMENT AGREEMENT PURSUANT TO THE AUTHORITY of state law, including Sections 65864 through 65869.5 of the California Government Code, this Preannexation and Development Agreement ("Agreement") is entered this _ day of , 1990, by and between the City of Palm Desert ("City") , a municipal corporation of the State of California, and Sunrise Desert Partners ("Sunrise") , a California limited partnership. R E C I T A L S: The parties hereto have entered into this Agreement on the basis of the following facts, understandings and intentions. A. Sunrise is the owner of property consisting of approximately 640 acres (the "Property") , bounded by Country Club Drive on the north, Avenue 42 on the south, Eldorado Drive on the west and Oasis Club Drive on the east, as more particularly described in Exhibit A. The Property currently is located within the sphere of influence of the City, in the County of Riverside. On , 1990, a petition was submitted to the Riverside County Local Agency Formation Commission ("LAFCO") requesting the annexation of the Property to the City. B. Sunrise has proposed the development of Indian Ridge Country Club, a planned community of no more than 1,500 homes, on the Property (the "Project") . The Project will consist of a residential community, two eighteen-hole championship golf courses, and a clubhouse featuring golf, tennis, swimming and health spa facilities. The Project will include a diversity of housing types appealing to a broad range of residents. C. The City is authorized to enter into binding preannexation agreements which set forth the terms and conditions upon which property will be developed following annexation to the City. Pursuant to Government Code sections 65864-65869.5, the City is further authorized to enter into binding development agreements which encourage and provide for the development of public facilities in order to support the development of new housing; provide certainty in the approval of development projects in order to avoid a waste of resources and an escalation in the cost of housing and other development to the consumer; provide assurance to developers that they may proceed with their projects in accordance with existing policies, rules and regulations, subject to their conditions of approval; and strengthen the public planning process and encourage private participation in comprehensive planning. D. The development of the Project requires substantial early and major capital expenditures and investments with respect to the construction and installation of major infrastructure and facilities, both on-site and off-site, of sufficient capacity to serve the Project as anticipated by the General Plan of the City and this Agreement. E. The City has approved the following entitlements for the Project: prezoning of the Project site to P.R.-5, by Ordinance No. ; a Precise Plan for the Project, by Resolution No. ; and a vesting tentative map for the Project, by Resolution No. (collectively, "Existing Approvals") , contingent upon the annexation of the Property to the City. F. The Project site is designated P.R.-5 by the General Plan and the North Sphere Specific Plan. This designation allows the development of a maximum of five residential units per gross acre. The residential density of the Project will not exceed 2.35 units per gross acre and is, therefore, consistent with the General Plan and North Sphere Specific Plan. The P.R.-5 prezoning, which also allows the development of five residential units per gross acre, is consistent with the designation of the Project site in the General Plan and North Sphere Specific Plan. -2- G. The City has undertaken the necessary review of the environmental effects of the Project pursuant to the California Environmental Quality Act ("CEQA") . On 1990, the City Council approved a negative declaration ("Negative Declaration") for the Project by Resolution No. The Negative Declaration evaluates potential impacts of the Project on the environment and sets forth the City's reasons for concluding that these impacts will not be significant. H. This Agreement is intended to establish standards and requirements .for the development of the Project, and to provide for the orderly develgpment of the Project, thereby assuring the public benefits .identified by the City in this Agreement. I. Following due consideration of all evidence submitted or heard at duly noticed public hearings, the City Planning Commission and City Council have found and determined that this Agreement (a) is consistent with the City's General Plan; (b) is in the best interests of the health, safety and general welfare of the City, its residents and the public; (c) is entered into pursuant to and constitutes a present exercise of the police power by the City; (d) is entered into pursuant to and in compliance with the requirements of state law; and (e) is entered into for valuable and adequate consideration, based on the obligations assumed by Sunrise hereunder. I. The City has determined that the Project implements the goals and policies of the City's General Plan applicable to the Project. The City further finds that the Project imposes appropriate standards and requirements with respect to land developments and usage so as to maintain and improve the quality of life and the environment within the City. A G R E E M E N T NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: 1.0 Definition of the Project. The Project is a planned community consisting of a maximum of 1,500 residential units, two eighteen-hole golf courses, a clubhouse and sports facilities, as more particularly described in the development plan attached hereto -3- as Exhibit B ("Development Plan") . The permitted uses of the Property, the density or intensity of use, and the maximum height and size of proposed buildings shall be as set forth in the Development Plan. 2.0 Definition of Terms. "Date of Enactment" shall mean the date of the second reading of the ordinance by which the City approves this Agreement. "Effective Date" shall mean that date (thirty days after the Date of Enactment) upon which this Agreement becomes effective, pursuant to state law. 3.0 Property Interest. Sunrise has shown to the City's satisfaction that its interest in the Property meets the requirements of the Development Agreement Law. Sunrise is the owner in fee of the Property. 4. 0 Timing of Annexation. This Agreement shall not become operative unless annexation proceedings annexing the Property to the City are completed within one year from the Effective Date. If the annexation is not completed within the time specified in the Agreement or any extension of the Agreement, the Agreement shall be null and void. 5. 0 Compliance with CEOA. The City has determined that this Agreement is consistent with and within the scope of the Negative Declaration. The City has determined that there are no substantial changes in the Project, or in the circumstances under which the Project will be undertaken pursuant to this Agreement, which involve new significant impacts not considered in the Negative Declaration. Therefore, no further environmental analysis of this Agreement is required under CEQA. 6.0 Consistency With The General Plan. The designation of the Property in the General Plan is Planned Residential ("P.R. ") 5. The PR designation allows the development of residential uses, community facilities, recreational uses and related accessory uses, and other uses or mixtures of residential with country club related commercial uses, as designated on an approved precise plan. The PR -4- district is intended to provide for flexibility in development, creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities and housing types, and community facilities, both public and private. The PR 5 designation establishes that five residential units per gross acre are permitted. The Project is consistent with this designation because it will incorporate residential and country club related uses in a creative design, and will not exceed five residential units per gross acre. The City has further determined that this Agreement will implement the goals and policies of the General Plan of the City, including the goals of developing a land use pattern that takes optimum advantage of the City's natural assets, providing for an orderly balance of land uses within convenient and compatible locations and creating a distinctive sense of place and identity for each community and neighborhood in the City. 7.0 Sunrise's Obligations. 7. 1 Development Fees. The following fees shall be payable by Sunrise in connection with the Project: City park fees, pursuant to the Subdivision Map Act, in the sum of $ ; City Art in Public Places fee, in the sum of $ ; school fee payable to Desert . Sands Unified School District, based on state law requirements, in the sum of approximately $ Transportation Uniform Mitigation Fee, in the sum of approximately $ , applicable to regional transportation and public works projects; water and sewer fees payable to Coachella Valley Water District, in the sum of approximately $ ; and Fringe-Toed Lizard Fee, payable under the Fringe-Toed Lizard Habitat Conservation Plan, in the sum of approximately $384, 000. In total, fees payable in connection with the Project will exceed $ 7.2 Mello-Roos Community Facilities District for Cook Street Improvements. The Property shall participate in the proposed Mello-Roos Community Facilities District ("CFD") for improvements to Cook Street. The maximum obligation to be imposed on the Property pursuant to the Cook Street CFD shall be $1, 687,712. Sunrise further agrees to advance $50, 000 for the formation of the Cook Street CFD, subject to reimbursement from Mello-Roos bond proceeds. Any Transportation Uniform Mitigation Fees (as more particularly described in Section 7. 1 herein) shall be credited against the $1, 687,712 Cook Street CFD obligation. -5- 7 .3 Drainage Facilities. The Project shall be designed to retain drainage from a 100-year storm on-site. If the City imposes a drainage fee applicable to the Property, Sunrise shall receive a fair and equitable credit against this fee. The credit shall be based on the reduction in the City's cost of building drainage improvements attributable to the Project's on-site retention of drainage. Sunrise shall only be required to pay a reduced fee, representing the amount specifically allocable to regional drainage improvements which would be necessary regardless of the on-site drainage retention to be incorporated into the Project. 7.4 Street Improvements. Sunrise shall provide landscaping and other improvements to all streets directly adjacent to the Property, as follows. All descriptions of street sections are approximate, and are subject to modification without amendment of this Agreement. 7.4. 1 Avenue 42 (Southern Perimeter of the Property) . The northern half of the 100-foot right of way shall be dedicated and improved to include 32-foot driving lanes, a 12-foot landscaped parkway and one-half of the 12-foot landscaped median. In addition, Sunrise shall construct the southern half of the landscaped median adjacent to Oasis Country Club, where the southern half of the street is fully improved but no median exists. 7.4.2 Eldorado Drive (Western Perimeter of the Property) . The eastern half of the 110-foot right of way shall be dedicated and improved. The western half also shall be improved, beginning one-half mile south of Country Club Drive (where improvements to the western half now end) and extending one-half mile south to the intersection of Avenue 42. The construction of these improvements to the western half of Eldorado Drive shall be subject to a reimbursement agreement administered by the City, pursuant to which Sunrise shall be reimbursed for the cost of the improvements when the adjacent land to the west is developed. The Eldorado Drive street section shall consist of 12-foot parkways on both sides, 34 feet of driving lanes in each direction and an 18-foot landscaped median. In addition to the landscaping of the 12-foot parkway, Sunrise shall also landscape 8 feet outside its perimeter wall, for a total of 20 feet of landscaped perimeter on the eastern side of Eldorado Drive. 7.4.3 Oasis Club Drive (Eastern Perimeter of the Property) . The western half of a 100-foot right of way shall be dedicated and improved to include a 12-foot landscaped parkway, 32-foot driving lanes and a 12-foot painted center median. -6- 7.4 .4 Country Club Drive (Northern Perimeter of the Property) . Sunrise has fully improved the southern half of Country Club Drive, adjacent to the Property. The 12-foot parkway shall be landscaped, along with an additional 18 feet outside the Project's north perimeter wall, for a total of 30 feet of landscaped perimeter on Country Club Drive. 7.4.5 Sidewalks. Six-foot wide concrete sidewalks shall be constructed on all four perimeters of the Property. 7.4 .6 Traffic Signals. The existing three-way signal on Country Club Drive at the main entry to the Project shall be converted to a four-way signal. Sunrise shall also pay one-fourth the cost of a traffic signal at Eldorado Drive and Avenue 42 . 8. 0 City's Obligations. 8. 1 Development in Accordance with Existing Approvals. To the fullest extent of the City's authority and jurisdiction, Sunrise shall have a vested right to design, construct, operate and maintain the Project in accordance with the Development Plan, Existing Approvals and the terms of the rules, regulations, and ordinances of the City in effect as of the Date of Enactment of this Agreement ("Local Rules") . The City shall not impose, or seek to impose, any additional requirements, exactions, fees or payments, or dedication or reservation requirements other than those expressly required by the Existing Approvals. 8.2 Timely Application and Processing. The City hereby acknowledges that the timely development of the Project will benefit the public health, safety, and welfare. In recognition of this, the City and Sunrise agree to cooperate in the expeditious processing and review of all applications for further approvals required by the Project. The City shall not impose any exaction or restriction which would delay, interfere with or impede the commencement or rate of design, construction, development or operation of the Project or any component thereof as contemplated by the Development Plan. 8 .3 Exemption From Construction Moratorium. The City specifically agrees and acknowledges that the Project is exempt from the construction moratorium adopted by the City on or about. April 26, 1990, as set forth in Ordinance No. 602, and from any extensions to the construction moratorium which the City may adopt in the future. -7- 8.4 Review of Subsequent Applications. The Project, including subsequent applications for approvals necessary for the development of the Project in accordance with the Development Plan, shall not be subject to any changes in the Local Rules or new Local Rules adopted subsequent to the Date of Enactment, which would interfere or conflict with the development of the Project for the uses and to the height, design standards, density and intensity of use specified in the Development Plan, or with the rate of development of the Project, or which would otherwise conflict with this Agreement or the Development Plan. The City shall promptly issue any permits which may be required to implement the Development Plan, provided that Sunrise is in compliance with this Agreement and the Local Rules in effect as of the Date of Enactment. 8.5 Other Governmental Permits. Sunrise may apply for such other permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Project as may be required for the development, design, construction, or operation of the Project in accordance with the Development Plan. The City shall cooperate with Sunrise in its effort$ to obtain such permits and approvals and shall assist in expediting LAFCO processing of the annexation of the Property. 8.6 Cooperation in Formation of CFDs. In addition to the Cook Street CFD described in Section 7.2, the City and Sunrise intend to consider the formation of one or more CFDs which will include the Property, or a portion thereof, within their boundaries for the purpose of financing various off-site improvements. The City shall use its best efforts to cooperate with Sunrise in the formation and establishment such CFDs; provided, however, that nothing herein shall prevent Sunrise in its sole discretion from voting against the formation of any CFD, with the exception of the Cook Street CFD. 9. 0 Limitations, Reservations and Exceptions. 9.1 Reservations of Authority. Notwithstanding anything to the contrary set forth in Section 8. 0 hereinabove, in addition to the Local Rules, only the following land use regulations adopted by the City within this Section 9. 0 shall apply to and govern the development of the Property. 9. 2 Future Regulations. Nothing herein shall prevent the City, in subsequent discretionary approvals for the the Project, from applying new rules, regulations, or ordinances -8- (1) not inconsistent or in conflict with the Local Rules or with the purposes and conditions of this Agreement, and (2) which do not interfere or conflict with the height, density or intensity set forth in the Development Plan or with the rate of development selected by Sunrise. New Local Rules also may be applied with the written consent of Sunrise. 9.3 State and Federal Laws and Regulations. The Project shall be subject to existing and future state and federal laws and regulations, together with any City land use regulations, programs and actions, or inaction, which are reasonably (taking into consideration, among other things, the assurances provided to Sunrise hereunder) adopted or undertaken by the City in order to comply with state and federal laws and regulations; provided, that in the event that state or federal laws and regulations prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended as. may be necessary to comply with such state and federal laws and regulations. In such event, this Agreement shall remain in full force and effect to the extent that it is not inconsistent with such laws and regulations and that performance of the remaining provisions would not be inconsistent with the intent and purposes of this Agreement. 9.4 Full Extent of Law. The parties acknowledge and agree that the City is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to the City all of its police power which cannot be so limited. 10. 0 Periodic Review of Compliance. 10.1 Planning Commission Review. The Planning Commission, at a public hearing, shall conduct a compliance review of this Agreement within twelve months from the Date of Enactment, and annually thereafter. At least one week prior to the Planning Commission compliance hearing, Sunrise shall submit a letter to the Planning Commission, demonstrating its good faith compliance with this Agreement. If the Planning Commission finds that Sunrise has demonstrated good faith compliance with this Agreement, the annual review shall be deemed concluded. 10.2 Appeal to City Council. If the Planning Commission finds and determines on the basis of substantial evidence that Sunrise has not complied in good faith with this Agreement, the Planning Commission shall (1) specify actions to be taken to cure the default under the Agreement, (2) propose -9- the modification of the Agreement, or (3) propose the termination of the Agreement. Sunrise shall have the right to appeal any portion of any such action to the City Council within thirty days of the date of the Planning Commission action. 10.3 City Council Action. Upon appeal by Sunrise pursuant to Section 10.2 herein, the City Council shall conduct a de novo hearing to determine whether Sunrise is in good faith compliance with this Agreement. If the City Council determines that Sunrise is in good faith compliance, the annual review process shall be deemed completed. If the City Council finds that Sunrise has not complied in good faith with this agreement, it shall (1) specify actions to be taken to cure the default under the Agreement, (2) modify the Agreement, or (3) terminate the Agreement. 11.0 Term. This Agreement shall commence on the Effective Date and shall continue in effect for twenty years from the Effective Date. This term is intended to provide sufficient time for the full repayment of the bonds to be issued by the CFD referred to in Section 7.2, or of any other debt obligations incurred in lieu of such bonds. If the parties determine that a longer period is necessary to achieve the purpose stated herein, the term of this Agreement may be extended by the further written agreement of the parties in accordance with Section 12. 3 . 12. 0 Amendment. 12 . 1 Initiation of Amendment. Either party may propose an amendment to this Agreement. Except as otherwise provided herein, cancellation or amendment shall follow the notice and hearing requirements established by applicable law for the consideration of development agreements. 12.2 Insubstantial Deviations from Development Plan. Any insubstantial deviation from the Development Plan with respect to the location, size, or height of structures, streets, and other physical facilities, as determined by the Director of Planning, may be approved by the person or body with authority to approve the plans for such facilities without amendment of this Agreement. Insubstantial deviations shall include, without limitation, the introduction of different housing product types and the replotting of the locations of houses, so long as the overall density of development is not increased. -10- 12. 3 Amendments Not in Conflict With Purposes of This Agreement. Any amendment to this Agreement which does not relate to permitted uses, density or intensity of use, height or size of buildings, provisions for reservation of land, conditions, restrictions and requirements relating to subsequent discretionary approvals, rate of development, or the term of the Agreement shall not require a public hearing before the parties may execute the amendment. 13.0 Partial Invalidity. If any material provision of this Agreement is determined to be void, invalid or illegal by a final judgment of a court of competent jurisdiction, the parties may (1) amend this Agreement pursuant. to the procedures set forth herein, or (2) by mutual agreement of the parties, terminate the Agreement. 14. 0 Enforceability. It is acknowledged and agreed by the parties hereto that any assurances provided to Sunrise with respect to the imposition of additional exactions, regulations, or restrictions affecting permitted uses, intensity of use, density, height, or the rate of development of the Project are (1) intended to be relied upon by Sunrise; (b) made in exchange for valuable and adequate consideration provided by Sunrise in the form of covenants and commitments as set forth in this Agreement; and (c) made with the understanding that such assurances will not be amended, changed, or increased except as provided herein. 15.0 Remedies. 15. 1 Specific Performance. The parties agree and understand that a breach of this Agreement may result in irreparable harm to the non-breaching party, and that specific performance of this Agreement is a proper and desirable remedy. 15.2 Withdrawal. In the event that Sunrise is unable to construct and operate the Project in a manner set forth in the Development Plan and this Agreement as a consequence of (a) this Agreement or any portion hereof being determined to be invalid or unenforceable, (b) the imposition of any exaction, restriction, or change in the Local Rules not specifically provided for in this Agreement, or (c) Sunrise reasonably determining that the Project, despite good faith efforts, is economically infeasible, in addition to any other remedy which it might possess, Sunrise shall have the right upon written -11- notice to the City to withdraw from this Agreement and thereafter to be released from any and all further liabilities or obligations hereunder. Sunrise's notice to the City that it is withdrawing from this Agreement shall constitute a waiver of Sunrise's rights hereunder and any new project shall be subject to City review according to the rules and regulations in existence at that time. 16.0 Mortgagee Protection. No breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any deed of trust or mortgage made in good faith and for value, and no holder of a deed of trust or mortgage ("Mortgagee") shall have an obligation or duty under this Agreement to perform Sunrise's obligations or to guarantee such performance. Notwithstanding the foregoing, any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof, by a Mortgagee (whether under or pursuant to a mortgage, foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise) , shall be subject to all of the terms and conditions contained in this Agreement. 17.0 Miscellaneous Provisions. 17. 1 Incorporation of Exhibits. Exhibits A and B, attached hereto, are incorporated herein by this reference. 17.2 No Agency Created. It is understood and agreed to by the parties that the Project is a private development, that neither party is acting as the agent of the other in any respect and that no partnership, joint venture. or other association of any kind is formed by this Agreement. 17.3 Force Maieure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond such party's control, government regulations, court actions (such as restraining orders or injunctions) or other causes beyond such party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder shall be extended by the period of time that such events prevented such performance, provided that the terms of this Agreement shall not be extended for a period which would cause this Agreement or provisions hereof to be void as violating the rule against perpetuities. -12- 17.4 No Third Party Beneficiaries. This Agreement is entered into for the sole protection and benefit of the parties and their successors and assigns. No third-party beneficiaries are created by this Agreement. 17.5 Assignment. This Agreement shall not be assigned or otherwise transferred without the prior written consent of the City; provided, however, that such approval shall not be unreasonably withheld. This Agreement shall benefit and bind all subsequent transferees. Express assumption of any of the obligations hereunder by any transferee permitted by this paragraph shall relieve the transferor from any assumed obligation. 17. 6 Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement. 17.7 Recitals. The recitals to this Agreement constitute part of this Agreement. Each party shall be entitled to rely on the truth and accuracy of each recital as an inducement to enter into this Agreement. 17.8 Further Actions and Instruments. Upon the request of either party, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments or writings, including estoppel certificates, and take any actions that may be reasonably necessary under the terms of this Agreement to carry out the intent, fulfill the provisions, and evidence or consummate the transactions contemplated by this Agreement. 17.9 Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent certified mail, postage prepaid and addressed as follows: To City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: To Sunrise: Sunrise Desert Partners 42-600 Cook Street, Suite 200 Palm Desert, California 92260 Attn: Phillip K. Smith, Jr. -13- with a copy to: Nossaman, Guthner, Knox & Elliott 650 Town Center Drive, Suite 1250 Costa Mesa, California 92626 Attn: Jean O. Melious, Esq. Any notice given as required herein shall be deemed given seventy-two hours after deposit in the United States mail or upon receipt. A party may change its address for notices by giving notice in writing to the other party as required herein. 17.10 Construction of Agreement. The captions in this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. This Agreement shall be governed by the laws of the State of California. 17. 11 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth below, as of the day and year first above written. Date: "City" CITY OF PALM DESERT By Its Date: "Sunrise" SUNRISE DESERT PARTNERS By Sunrise Corporation Its General Partner By Its -14- Date: APPROVED AS TO FORM: City Attorney City of Palm Desert -15- EXHIBIT A Property Description Indian Ridge Country Club All of Section 11, T5S, SBBM -16- EXHIBIT B Development Plan 1. Permitted Uses of the Property Housing, including single family detached one- and two-story homes and attached homes containing from two to six units per building; Two eighteen-hole golf courses and ancillary facilities, including but not limited to maintenance facilities, half-way houses with snack shops and rest rooms; Entry complexes; Sales, resales and rentals building; A clubhouse, including golf, tennis and health spa facilities, dining rooms, freestanding grill room/snack shop, lounges, banquet and meeting rooms, gglf pro shops, a tennis and spa pro shop, at least fourteen tennis courts (seven night-lighted) , four night-lighted paddle tennis courts, two night-lighted croquet courts, swimming pools', locker room facilities, child care center and teen activity room. The power source for the building may consist of a cogeneration facility. 2 . Maximum Heights of Buildings The maximum height of residential buildings will be 30 feet. The maximum height of the clubhouse will be 60 feet. The maximum height of ancillary golf facilities (including golf maintenance facilities, half-way houses with snack shops and rest rooms) will be 30 feet. The maximum height of entry complexes wil be 30 feet. The maximum height of the sales, resales and rentals building will be 30 feet. -17- 3 . Density and Intensity of Use; Maximum Size of Buildings Residential: No more than 1,500 homes shall be constructed. This constitutes a density of approximately 2.35 units per acre. Homes shall range in size from 1,300 to 4, 000 square feet. Clubhouse: The clubhouse shall not exceed 125,000 square feet in size. The freestanding grill room/snack shop shall not exceed 5,000 square feet. Ancillary golf facilities, including golf maintenance facilities, half-way houses with snack shops and rest rooms, shall not exceed 40,000 square feet. Entry complexes shall not exceed 7,500 square feet. The sales, resales and rentals building shall not exceed 5, 000 square feet. 381/jom —18— a.�f '21(Yj I ,YPi D QRW Ou [ a UUU 73.510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE(619)346-0611 SEPTEMBER 12, 1990 CITY OF PALM DESERT LEGAL NOTICE CASE NO. VESTING TT 26123, PP 90-21 AND A DEVELOPMENT AGREEMENT NOTICE 15 HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by Sunrise Desert Partners for approval of a Vesting Tentative Tract Map, a precise plan of design, draft development agreement and negative declaration of environmental impact as it pertains thereto for a 1270 unit residential condominium development including 2, 18 hole golf courses, tennis facilities and related amenities on 637 acres located between Country Club Drive and 42nd Avenue and between El Dorado Drive and Oasis Club Drive also described as section 11 , T5S RISE. AVONDALE PALM VALLEY '•.•••• ' ., REGE14CY •,I••• E 1 - PALMS ••. r CLUB DRIVE COUNTRY CLE P •I �._ 11. I ! I LAKES I{ i[ RESORTER iE W _ a c SUBJECT PROPERTY o 1, W O W I Q IIIIYYY t?R. 5 UU J I Cr II ' 42cd AVENUE O •! II 2 P. IQ •RING DRIVE SAID public hearing will be held on Tuesday, October 16, 1990. at 7:00 p.m. in the CounclI 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/planning at the FV1r3vn mdrlrrg44 Hntwrnri tlin hnl.lra nF Arno rd,m. Rnd 4r3n ulm, MnnGlay i;hrrarorah Friday. If you challenge the proposed actions In court, you may be limited to -ra l g l nq rrn l a thrtisp i Rglar?g yot.i nr 9omar<ine ,?Ise ra l sed at the r3UL- l i r• haar i nq de wr ikted in th15 notlr„P, or In written eorropondence dellvered to the planning commission (or city council ) at, or prior to, the public hearing. PUBLISH: Desert Post I RAMON A. DIAZ, Secretary September 21 , 1990 Palm Desert Planning Commission .ff.. :,•t. f 1. ..2 t+.. q->o•>. .S,.nf..Rl z.tt f.,.,,,a. / ,.,•..wr ..r ,wr7 «-�,.f M/ifl/)ltl. r,tfn'15• M_S_.:n • :M •C' •C' ./D[�t2• OUR aR!O. LN f'. f F.[f5 ML7 4iwi44 .[•'7 arx v.x w+K'fs +t�ne�.�t ar•enroan .xxII mlen - r Qa . WC, kk0 t+n�•!t. •..nce .yy5p C,l•OII.II•O!'J•Ctl. •. .«1h0 .2"m r.�gfw{[T ��s�1+o nt �y�• tC 0•M .�mz.r•a••�. a •_. 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V Ya' v w.• :af� a w< Mir• •• a`Rf rr • • ti ny r - T w - . r .. • Y ..r• ra .r - •� • ' �i rt 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL CASE NO(S) : Ve-iT/ -7r p261513 PROJECT: .LAlol9h) R( ClSe CouwTvci CZ&a - APPLICANT: S�jnJr use b�.Yert !moo„/ �✓o7S Ig-Goo coot- S S 200 t�Lnf P&s er��, Co . 912260 - Enclosed please find materials describing a project for which the following is being requested: YOUA1— 0F 1a`7 (A-rUi I Ke5"C)e1•✓ 7-1'9L Corio�owiwiuvh �rNPN � 9oLf a�el 7er✓n/ floc � Lr l4No ✓cLafco/ /ynPwr � �s 6, 0 eyfiy (_oco-'rGll 13e?tWee/'✓ �'puw)-ry C(.ub ,4rjD ya ,✓P �vP/✓Ue W.'ta� keTwPoN 6Lcloraoa o--d/ 0,95-i s C{ a/� �� �{ q Lsa o(Pscr, hPr/ �s Sc� nianl ►I FSS l2 6 ,5. The attached data was prepared by the applicant and is being forwarded to you for comments and recommended conditions of approval . The city is interested in the probable impacts on the environment ( Including land, air, water, minerals, flora, fauna, noise, objects of historical or aesthetic significance) and recommended conditions of approval based on your expertise and area of concern. . Your comments and recommended conditions of approval must be received by this office prior to 4:30 p.m. 1996 , in order to be discussed by the land division committee. The land division committee (comprised of director of community development, city building official , city engineer, fire marshal , and a representative of CVWD) will discuss the comments and recommended conditions of approval and will forward them to the planning commission through the staff report. Any Information received by this office after the receipt deadline will not be discussed by the land division committee. Sincerely, RAMON A. DiAZ DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING /tm Attachments PLEASE RETURN MAP WiTH COMMENTS bff!43 RAND M CITY OF PALM DESERT TO: Sabby Jonathan FRCM: Steve Smith DATE: August 24, 1990 SUBJECT: Indian Ridge Fiscal Impact Report I think the report from La Quinta answered many of your questions pursuant to your August 15th letter. If there are any further inquiries, you should contact the following persons: Item 1&2 - Paul Gibson, Finance Department Item 3 - Street Maintenance. . . . . . . . . . . .Dick Folkers Fire Dept. . . . . . . . . . . . . . . . . . . . .Eric Vogt Police. . . . . . . . . . . . . . . . . . . . . . . .Mike Lewis Library & Park. . . . . . . . . . . . . . . .Ray Diaz, Paul Gibson, Me Item 4 - ? ? Item 5 - No R.D.A. Item 6 - Alan Levine - Sunrise Item 7 - Pat Conlon Item 8 - See (3) I will be back in town on Thursday, August 30th and we can talk then. Thanks, SMITH ASSOCIATE PLANNER SS/db i JONATHAN & ASSOCIATES, INC. August 15, 1990 Steve Smith City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Indian Ridge Fiscal Impact Report Dear Steve: As a follow-up to our meeting of August 14 , I have compiled the following list of questions. I am sure there will be more, but this will get us started. 1. What revenues, other than property tax sharing, are received by the city, i.e. Transit Occupancy Tax, �6 Sales Tax, etc.? 2 . What other revenues are received by the county? t 3 . What costs are incurred by the city, i.e. street maintenance, fire, police, library, park, etc.? r- _ 4 . What costs are incurred by the county, i.e. health, welfare, etc.? GruvJ�5 ) 5. Are there other affected agencies, i.e. fire, 5 L� police, school. college water: hosni+=? , 1e;el, etc. ? 6. I will require the detail of the proposed development, i.e. size, number of units, projected S selling prices, projected buildout and sales schedule, projected restaurant and pro shop revenues, projected rental activity, projected buyer profile, etc. 7. What are the projected revenues to the city and - county during development? Post development? 8 . What are projected costs to the city and county during development? Post development? �s 74-900 Highway 111, Suite 224 ■ Indian Wells, CA 92210 ■ Ph: 619/341-6656 ■ Fax 619/346-8573 1 At your earliest convenience, would you please review the questions, and let me know your thoughts. In some cases, you might want to start generating answers internally. In other cases, you may want me to meet directly with the appropriate individual. I am in favor of whatever is the most efficient (and least costly) , and leave it to your judgment. Thanks for your help thus far. Sincerely, Sabby Jon an, CPA ENGINEERING SERVICE CORPORATION age@ CONSULTANTS IN CIVIL ENGINEERING 6 LAND PLANNING Mr. Steve Smith August 30, 1990 CITY OF PALM DESERT - 73-510 Fred Waring Palm Desert, California 92261 Re: Tentative 26123 Our W.O. No. 2100-96 We are sending you X herewith under separate cover 1. Check #115082 in the amount of $542.50 2. Subdivision map application form 3. Environmental assessment form with attachments 4. 12 full size maps 5. 23 81z x 11 copies of Map 26123 _ in compliance with your request for execution and return [retain last copy] for your information X for approval Remarks: By: N. C. Sch rkens sc CC: Sunrise - Attn: Allan Levin 72-780 EL PASEO SUITE E-1 PALM DESERT. CA 92260 [619]568-5997 FAX: [619]341-3336 d6a 910FrCck* Pear Lane, Pagm E4 TqCa. ac SUBDIVISION - MAP FWW: rtmem 01 WMMnM4RW "MIC a a PdSnndng dodaoamn e SUNRISE DESERT PARTNERS Aoplrrbnr I ow" pnnn) 42-600 Cook St. . Ste. #200 � 619 ) 568-2828 Moiling AOareia eleenoee Palm Desert CA 2260 Gh' State Zlp-Case REQUEST: (Oerrrree sacra flc nature at dae aval mauseraa). Request approval of Vesting Tentative Map No 26123 - Indian Ridge Country Club, a residential condominium development including golf and tennis facilities and related amenities . PROPERTY OESCRIPTION: Section 11, Township 5 South, Range 6E SBM ( located southerly of Country Club Dr. between El Dorado Dr. and Oasis Club Dr. ASSESSOR'S PARCEL NO. 632-020-006 thru 010, and 632-020-013 and 016 ExISTING ZONING PR-5 has been approved by City Council ( first reading ) Y Owner AurnO non The rataorsrpd,ela1M•anar rtry w tlro awtar W of tiroap pran se y 0orlbe0 tnersMl area aye Sunrise Desert Partners, man at 11l1s.a0011ab11en. by pee Gulf A Limited Partnership /C � , BY: Sunrise Corp. , A Calif. Corp. >, General Partner BY: Philli K. Smith, Jr. Executive ice Preside an Agreemem GOSOMng UW CItyd all nabowas'lwe 1ae to any do" reernamns: 1 00 BY MY SION47YRt ON THIS AGREEMENT, Abeahr as City at Pltlrn Osaarr-ef mI Iiablatlea regwom aM do" star nary be aapamble to me we" aostv*bed neraor. r anmare P i�ip K. Smith Jr Oare Applieartf s Signature gesture Philli K. Smith Jr. Date (FOR STAFF USE ONLY) Ewrennwnat Sates Aaaepaa b)n ❑ Mlnistenal Act E.A.Me.0 � t �;Npaaa:0eaarvtla p� A2 MMQ IOther ❑ Re too Case No. a nom muL aevass .n wr.et CASE NO. r Environmental Assessment Form TO THE APPLICANT: Your cooperation in completing this form and supplying the information requested will expedite City revie:l of your application pursuant to the California Environmental Quality Act. The City is required to make an environmental assessment on all projects which it exercises discretionary approval over. Applications submitted will not be considered complete until all information necessary to make the environmental assessment is complete. GENERAL INFORMATION: 1 . Name, address , and telephone number of owner, applicant or project sponsor: Sunrise Company - 42600 Cook St Suite 200 Palm Desert, CA 92260 Phone - ( 619 ) 568-2828 2. Name, address and telephone number of person to be contacted con- cerning the project (such as architect, engineer, or other repre- sentative ) : Allan Levin Vice President - Engineering, c/o Sunrise Company 3. Common name of project (if any) : Indian Ridge Country Club 4. Project location (street address or general location) : South of Country Club Drive between El Dorado Drive and Oasis Club Drive 5. Precise legal description of property (lot and tract number, or meets 3 bounds) : Section 11 , Township 5 South , Range 6 East (Proposed Tract No. 26123 ) 6. Proposed use of the site (project for which the form is filed; describe the total undertaking, not just the current application approval being sought) : Residential Country Club community consisting of approximately 1300 condominium units 2 championship 18 hnle golf courses, clubhouse, tennis complex, health spa, and related recreational amenities . 7. Reia.ionsnip to. a larger project or series c irojects (describe how tnis proje relates to other activities , phases , and develop- ments planned, or now underway) : No relationship to any other projects 8. List and describe any other related permits and other public approvals required for this project, to go forward, including those required by the City , Regional , State and Federal agencies ( indicate sub- sequent approval agency name, and type of approval required) :City of Palm Desert : Tentative Tract ma ID, Precise Plan, Preannexation Zoning Development A reement LAFCO Annexation of Pro ert into City of Palm desert E;(ISTI(IG COil0ITI0PIS : 9• Project site area : ABnroxima ely 640 acres (Siz= or properly �n sq. ft. or acreage) 10. Present zoning: R_i_1 200 (R; .. c..)(Proposed zoning) : PR-5 (city of Palm Des . 11 . General Plan land use designation: PR-5 12. Existing use of the project site: Vacant 13. Existing use on adjacent properties : (Example - North Sho South, Single Family Dwellings ; East, Vacant, etc. ) , Aping Center; North - Palm Va 1 r Club Re enc Palms F H i & S.F. Housing under Construction; West - The Lakes Countr Club & Vacant Pro ert East - Palm Desert Resort Countr Club- South - Oasis Country Club & Vacant Property (Proposed Country Club) 14. Site topography (describe) : ite is bas; cal�v fla+ • +�. t arr in falling from the southwest corner to the northeast corner. 15. Are there any natural or manmade drainage channels through or adjacent to the property? NO x YES 16. Grading (estimate number of cubic yards of dirt being moved) : ApproximatelI7 4 million cubic ards 17. List the number, size and type of trees being removed: None 18. Describe any cultural , historic, or scenic aspects of the project Site: None 19. Residential Project (if not residential do NOT answer) A. Number and type of dwelling units (Specify no. of bedrooms ) : Approximately 1 , 300 units consisting of 2 3 and 4 bedrooms . The building types will be 4- lex, du lex and sin le family detached. B. Schedule Of unit sizes :_6ee attached break ? C. Number of stories I& 2 Height 18 - 26k feet. D. Largest single building (sq. ft. ) 6, 265 s . f. (hgt. ) E. Type of household size ex ected ( 4-plex) P (population projection for the project) : 2± approximately 80% of whom will be par ---time ( second) homeowners . F. Describe the number and type of recreational facilities : Two 18-1 Cham ionshi Golf Courses ; 14 Tennis Courts ; 4Paddle Tennis Courts ; 2 Croquet Courts; Clubhouse with Restaurants & Lounges Pro Shops, Locker Rooms , Health Spa & related facilities G. Is there any night lighting of the project: Night lighting will be provided for 7 Tennis Courts , 4 Paddle tennis Courts, and the 2 Croquet Courts H. Range of sales prices or rents : $ 132 , 000 to $ 561 , 000 I. Percent of total project devoted to: Building . . . . . . . . . . . . . . . . . . . 12 a Paving, including streets. . . . . . . . . . . 10 % Landscaping, Open, Recreation Area . . . . . . 78 % l 20. Commercial , Industrial , Institutional or Other Pro iect: A. Type of use(s ) and major function(s) ( if offices , specify type & number) : B. Number of square feet in total building area : C. Number of stories Height feet. 0. Largest single building (Sq. Ft. ) (Hgt. ) E. Number of square feet in outdoor storage area : F. Total number of required parking spaces number provided ' G.' Hours of operation: H. Maximum number of clients, patrons , shoppers , etc. , at one time: I. Maximum number of employees at one time: J. If patron seating is involved, state the number: K. Is there any night lighting of the project: Yes No L. Percent of total project devoted to: Building . . . . . . . . . . . . . a Paving, including streets. . . . . . . . . . Landscaping and Open Space (Recreation). . . Are the following items applicable to the ject or its effects : Oiscuss beloi 11 items checked yes (attach- additional sheets as necessary.) . YES NO 21 . Change in existing features of hillsides , or substantial alteration of ground contours. X 22. Change in the dust, ash, smoke, fumes or odors in the project vicinity. X 23. Subject to or resulting in soil errosion by wind or flooding. X 24. Change in ground water quality or quantity, or alteration of existing drainage patterns. X 25. Change in existing noise or vibration level in the vicinity. Subject to roadway or airport noise (has the required acoustical report been submitted?) x 26• Involves the use or disposal of potentially hazardous materials, such as toxic substances , flammables or explosives. _X 27. Involves the use of substantial amounts- of fuel or energy. X 28. Changes the demand for municipal services (police, fire, sewage, etc. ) X 29. Changes the demand for utility services , beyond those presently available or planned in the near future. 30. Significantly affects any unique or natural features , including mature trees. x 31 . Change in scenic views or vistas from existing residential areas or public land or public roads. X 32. Results in the dislocation of people. x YES NO 33. Generates controversy based on aesthetics or other features of the project. x C x ] Additional explanation of "yes" answers attached. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation, to the best of my ability, and that the facts , statements and information presented are true and correct to the best of my,knowledge and belief. Allan Levin Vice President _Sunrise Company Name Print or pe For Signa u e Date INITIAL STUDY FEE: $30. 00 (Make check payable to the City of Palm Desert and sub— mit with this form. ) ,r ENVIRONMENTAL ASSESSMENT FORM ADDITIONAL EXPLANATIONS ITEM #21: The existing sand dunes and ground contours will be altered through the grading process to create residential building pads, streets, a clubhouse pad, and associated recreational amenities, and two 18- hole championship golf courses. ITEM #25: There will be a temporary increase in the existing noise level during the construction operations related to the project, and the long-term noise levels will be those associated with a residential country club development environment and golf course. ITEM #28: Since the property is presently vacant, there is currently no demand for municipal services, however, the demands made by the proposed project are within the expected demands as forecasted and planned for by the various municipal agencies. eafadexp.not INDIAN RIDGE COUNTRY CLUB SELLING CURRENT # OF PRICE 1 OR 2 SIZE PRODUCT DESCRIPTION UNITS RANGE STORY (Sq. Ftg. ) �1 OCOTILLO FOURPLEX 228 $132, 000- 2 1, 315- 189, 000 1, 536 PALO VERDE DUPLEX 394 $230, 000- 1 1,795- 306, 000 2,544 SMOKE TREE SFR 395 $312 ,000- 1-2 3, 342- 215 418,000 MESQUITE SFR 253 $479, 000- 1 3 ,050- 561,000 3, 690 **Please note: Zoning is PR-5 matrixir.4