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HomeMy WebLinkAboutA. DA 02-1 Amendment #2 and MISC 08-15 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: Recommendation of approval of a second amendment to Development Agreement 02-01, Stone Eagle Development, allowing a 25-foot 2-inch maximum roof height for a two-story detached garage/casita unit on 19 lots within Stone Eagle Golf Course SUBMITTED BY: Tony Bagato Principal Planner APPLICANT: Stone Eagle Development, LLC. 74-001 Reserve Drive Indian Wells, CA 92210 CASE NO(s): DA 02-01 AMENDMENT #2 AND MISC 08-15 DATE: February 19, 2008 I. EXECUTIVE SUMMARY: Approval of staff's recommendation will recommend to City Council approval of a 25-foot 2-inch maximum roof height for a two-story detached garage/casita unit on 19 lots within Stone Eagle Golf Course. II. BACKGROUND: Stone Eagle Development: On October 24, 2002 the City Council approved a series of applications and a development agreement for a project known as "The Crest" and now known as "Stone Eagle". Stone Eagle is an exclusive gated residential community with 46 single-family lots (originally 44), a 15,000 square foot clubhouse and an 18-hole golf course located west of Highway 74 with an access road across the Palm Valley Storm Channel opposite of Homestead Road. The project is zoned Hillside Planned Residential (HPR) and the development standards are as approved. At the time of approval, the applicant provided preliminary plans for three different model home types. The model homes are known as Arroyo, Northridge and Southridge. All three homes are single-story; however, the approved Southridge units included a two-story detached garage with a casita. The Staff Report Case Nos. DA 02-01 Amendment #2 and MISC 08-15 February 19, 2008 Page 2 of 7 preliminary plans indicated that the building pad for the two-story garage/casita would be approximately 5 feet lower than the building pad for the main house. Based on the plans presented to staff, the approved development agreement states, "Residential buildings or structures shall not have a height exceeding twenty (20) feet from finished pad elevations. In no case shall the building exceed two living stories above the pad elevation of the building site." It was anticipated that the two-story buildings would be on pads 5 feet lower than the main house. On August 17, 2004 the Planning Commission approved an amendment to the tentative tract map which adjusted several lot lines and the approved pad elevations in the area west of the storm channel opposite of Sommerset. Generally, the lots at the northwest corner of the map were lowered 15 feet, while other lots in the southeast area were raised between 3 feet and 5 feet. On March 15, 2005, the Planning Commission approved a second amendment to the tentative tract map increasing some of the previous pad height from the previous approval but maintained pad heights at or below natural grade. The map was redesigned to provide for better onsite drainage and to better deal with the anticipated soil shrinkage and subsidence in the area. The amended map also improved the balance of "cut" and "fill" limiting the amount of dirt that needed to be imported to or exported from the site. III. DISCUSSION: When Stone Eagle was approved in 2002, the project included 24 homes with the two-story garage/casita units. The applicant believes that the architect who designed the plans assumed that pad height of the two-story units was always going to be lower than the main home pads without knowing the engineering plan would be modified in 2004. The design of the amended tentative tract map approved in 2004 was not able to achieve the design shown by the original architect due to drainage and shrinkage concerns. The project is currently under construction and all of the roads, underground utilities and lots have been constructed. The applicant has indicated that 9 Southridge lots have been sold and two or three are about ready for construction. The first home on Lot 33 was brought to staff for approval of a building permit in December of 2007. After researching the approved development agreement, staff determined that the home was exceeding the 20- foot height limit. Further research determined that 19 of the 24 lots approved with the two-story garage casita units exceeded the approved height limit. Staff has been working with the applicant to address the approved development agreement and approved two-story units. Based on our discussions, staff has identified and analyzed four possible solutions. G:\Planning\Tony Bagato\Word Files\Formats\Staffreports\MISC\DA 02-01 Amendment#2 and MISC 08-15\Feb 19 Planning Commission Staff Report Staff Report Case Nos. DA 02-01 Amendment #2 and MISC 08-15 February 19, 2008 Page 3 of 7 • Redesign with a 20-foot maximum roof height, • Lower the pad area around the garage/casita units, • Amend the approved map by increasing the pad heights by 5 feet around the main homes, • Leave the pad heights as they are today and amend the development agreement to increase the allowable roof height for the garage/casita units. A. Redesign With A 20-Foot Maximum Roof Height: The first solution staff asked the applicant to address was redesigning the two-story buildings at 20 feet high. To achieve a two-story garage/casita at 20 feet high, the interior of the garage would have to be lowered from 9 feet 6 inches to 8 feet 4 inches, leaving enough room for the garage door opener. The casita living area would then have to be lowered from 9 feet 6 inches to 8 feet 6 inches and the roof would have to be changed from a pitched roof to a flat roof. B. Lower Pad Height Around Garage/Casita Units: The 19 lots over the approved limits are currently at the same grade as the street. In order for the two-story buildings not to exceed 20 feet from the approved pad height, the garage would have to be lowered approximately 5 feet 2 inches from the existing pad elevation. This would put the garage below the street and the driveway slope would be more than 20% towards the garage door. C. Increase Pad Height Around Main House: In the case of the five homes that do not exceed the 20-foot height limit, the lots are substantially higher than the street. The garage/casita units are located at street level, which is below the existing pad of the main house. For the other 19 lots, the applicant could request approval of an amended tentative tract map by redesigning the pad elevations 5 feet 2 inches higher for the main home area. This proposal would increase the majority of the pad area since the main home is larger than the garage/casita area. D. Leave the Pad Heights Flat: Since the roads, utilities, and pads are already constructed, the last option for the applicant was to leave the pad flat and request approval of an amendment to the development agreement to allow a 25-foot 2-inch G:\Planning\Tony Bagato\Word Files\Formats\Staffreports\MISC\DA 02-01 Amendment#2 and MISC 08-15\Feb 19 Planning Commission Staff Report.doc Staff Report Case Nos. DA 02-01 Amendment #2 and MISC 08-15 February 19, 2008 Page 4 of 7 maximum roof height for the 19 garage/casita units only. The applicant worked with staff to provide a line-of-sight drawing and constructed story poles on Lot 33 to study any potential visual impacts. Lot 33 was chosen because it is the highest lot in Stone Eagle that would have a two-story garage/casita unit. IV. PROJECT DESCRIPTION: The applicant is requesting approval of an amendment to Development Agreement 02-01 to allow a 25-foot 2-inch maximum roof height for 19 garage/casita units only. The nineteen lots are located towards the south end of Stone Eagle across from Sommerset. The applicant has worked with staff to provide story poles representing one wall with a sloped tile roof on Lot 33, which is the tallest lot and which would have the most visual impact. Photos of the story poles are provided in the packets and the poles will remain erected for review by Planning Commission and City Council. Architecture: The approved homes are designed with clay roof tiles, wood awnings, stone veneer, stone columns, stone garden walls, and stucco in earth-tone tan and brown colors to blend into the hillside. The building height for the main home varies between 11 feet and 19 feet 6 inches. The building height for the garage/casita units varies between 20 feet and 25 feet 2 inches from the approved pad height. The top of the building is designed at 20 feet with a pitched roof extending to 25 feet 2 inches. The roof pitch is the only portion of the roof that exceeds the 20-foot height limit under the current development agreement. On January 22, 2008 the Architectural Review Commission reviewed the approved homes and line-of-sight drawings. The line-of-sight drawings demonstrated the visible portions of the roof tops. The material used for roof tiles will blend into the hillside and the Architectural Review Commission believed that there would not be any negative impacts and recommended approval of the garage/casita design at 25 feet 2 inches from the approved pad height. V. ANALYSIS: The development standards in the Hillside Planned Residential zone are as approved. The approved development agreement states that the maximum building height shall be 20 feet from the approved pad heights based on the plans provided in 2002. The applicant and staff have reviewed four possible options to address the height of the two-story buildings approved in 2002. The findings of the four options are: G:\Planning\Tony Bagato\Word Files\Formats\Staffreports\MISC\DA 02-01 Amendment#2 and MISC 08-15\Feb 19 Planning Commission Staff Report.doc Staff Report Case Nos. DA 02-01 Amendment #2 and MISC 08-15 February 19, 2008 Page 5 of 7 A. Redesign With a 20-Foot Maximum Roof Height: Redesigning the two-story garage/casita units was the first option staff and the applicant studied to address the height issue. The current design would require the interior garage space to be lowered from 9 feet 6 inches to 8 feet 4 inches, leaving enough room for a garage door opener for most vehicles, however, taller or raised vehicles may have trouble parking in the garage. In addition, the interior living space of the casita would have to be lowered from 9 feet 6 inches to 8 feet 6 inches and the roof would be changed from a pitched roof to a flat roof. The lower interior roof heights are less desirable in today's market. A typical interior living space is at least 9 feet high and the garages need to be taller to accommodate taller vehicles. Architecturally, the flat roof design would make the garage/casita "boxy" and would not blend in with the approved homes in Stone Eagle. The pitched roof is designed with roof tiles that will blend into the hillside. If the roof is flat, any properties above Stone Eagle will look down on a flat roof that will not blend into the hillside. B. Lower Pad Height Around Garage/Casita: Lowering the pad heights around the two-story garage/casita units would have the least visual impact; however, this solution is not possible with the current lot configurations. Since the street and underground utilities are already constructed, the driveways would be lowered providing a slope greater than 20%. According to the Department of Public Works, a 9% slope on a driveway is the maximum allowed. Lowering these lots 5 feet would require more land area to provide a longer driveway so that the slope is no greater than 9%. In addition, residential driveways should slope upwards from the street to provide the most desirable drainage patterns. This would create a very steep, undesirable driveway towards the garage and cause the driveway to drain towards the garage when it rains. Typically, it is desirable to have the positive drainage away from the garage towards the street to prevent flooding in the garage. C. Increase Pad Height Around Main Home: Another option studied was increasing the pad heights around the main homes by 5 feet, leaving the two-story garage/casita units at the same level as the street grade. Increasing the pad heights by more than 6 inches would require Planning Commission and City Council approval. G:\Planning\Tony Bagato\Word Files\Formats\Staffreports\MISC\DA 02-01 Amendment#2 and MISC 08-15\Feb 19 Planning Commission Staff Report.doc Staff Report Case Nos. DA 02-01 Amendment #2 and MISC 08-15 February 19, 2008 Page 6 of 7 Increasing the pad heights around the main home would have the most visual impact due to the fact that the size of the main home is larger than the garage/casita, requiring a larger pad area raised 5 feet higher. The main house totals 1,819 square feet and the floor area and the garage/casita totals 611 square feet. Raising the pad heights for the homes is not the most desirable solution and would cause the most visual impacts. D. Leave Pad Heights Flat: The applicant provided line-of-sight drawings and erected story poles to illustrate the visual impact of leaving the pad heights where they are today with the 25-foot 2-inch high garage/casita unit. These homes are located on the bottom of the mountain side and are not located on a ridge. The story poles were constructed on the highest parcel to determine the worst case scenario. Staff drove around different parts of the city and did find a few areas from which the homes will be visible; however, it was determined that these homes would be visible even at 20 feet high, which is consistent with the original approval. (see photos attached). Photographs labeled "1" and "2" are from within Sommerset. The pictures illustrate that most, if not all, of the garage/casita unit on Lot 33 will be visible at 20 feet high. The portion of the home above the 20-foot height limit is the pitched roof, which has the least impact due to the small amount of area and the fact that the roof tile will blend into the hillside. Photographs "3" and "4" are from areas on Highway 74 and Upper Way West. In these areas the homes are visible. As is the case at Sommerset, these homes are going to be visible at 20 feet and the only portion exceeding the height limit is the sloped roof. Based on staff's findings, it has been determined that the proposed amendment will not have a negative impact on the surrounding area and is consistent with the intent of the original approval in 2002. V. CONCLUSION: The proposed amendment will not negatively impact the surrounding area and is consistent with the intent of the original approval in 2002. The homes are located on the lowest portion of the mountain side and the height increase will not impact the views of the mountain side or mountain ridge lines. The garage/casita units are designed with a pitched tile roof that will blend into the hillside better than a flat roofed "boxy" building. On January 22, 2008, the Architectural Review Commission recommended approval of the amendment to Development Agreement 02-01. G:\Planning\Tony Bagato\Word Files\Formats\Staffreports\MISC\DA 02-01 Amendment#2 and MISC 08-15\Feb 19 Planning Commission Staff Report doc Staff Report Case Nos. DA 02-01 Amendment #2 and MISC 08-15 February 19, 2008 Page 7 of 7 VI. ENVIRONMENTAL REVIEW: The proposed application is requesting an amendment to allow a 5-foot 2-inch height increase for 19 of the 24 previously approved Southridge units. The proposed amendment is consistent with the scope of the previous CEQA review and the approved Environmental Impact Report (EIR) for the project. No further environmental review is necessary. VII. RECOMMENDATION: That the Planning Commission adopt the findings and adopt Planning Commission Resolution No. , recommending to City Council approval of Development Agreement 02-01 Amendment 2 and MISC 08-15, subject to conditions attached. VIII. ATTACHMENTS: A. Draft Resolution B. Second Amendment to Development Agreement 02-01 C. Legal Notice D. Approved Development Agreement 02-10 E. Architectural Review Commission Notice of Action F. Plans and Exhibits Submitted by: Department Head: Tony Ba ato Lauri Aylaian Principal Planner Director of Community Development Approval: . Homer Cro - ACM for Devel ment Services G:\Planning\Tony Bagato\Word Files\Formats\Staffreports\MISC\DA 02-01 Amendment#2 and MISC 08-15\Feb 19 Planning Commission Stall Report.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT 02-01 ALLOWING A 25-FOOT 2-INCH MAXIMUM ROOF HEIGHT FOR A TWO-STORY DETACHED GARAGE/CASITA UNIT ON 19 LOTS WITHIN STONE EAGLE GOLF COURSE CASE NOS. DA 02-01 AMENDMMENT #2 AND MISC 08-15 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th of February, 2008, hold a duly noticed public hearing to consider the request of STONE EAGLE DEVELOPMENT, LLC.; 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 a second amendment to Development Agreement 02-01: 1. The proposed amendment to Stone Eagle's Development Agreement is consistent with the original approved project and is accord with the objectives of the Hillside Planned Residential zone. 2. Stone Eagle Development is currently under construction and the proposed amendment will not change or alter any of the previous conditions of approval and will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. 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 Development Agreement 02-01 Amendment #2, as described in Exhibit E, and Miscellaneous 08-15 are hereby recommended to the City Council, subject to the attached conditions. PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of February, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DAVID E. TSCHOPP, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NOS. DA 02-01 AMENDMENT #2 AND MISC 08-15 Department of Community Development: 1. That all conditions of approval imposed on the original Tentative Tract Map 30438 and Development Agreement 02-01 shall apply to this application except for the proposed amendment as described in Exhibit E, attached. 3 PLANNING COMMISSION RESOLUTION NO. RECORDING REQUESTED BY EXEMPT FROM FILING FEE PURSUANT AND WHEN RECORDED MAIL TO: TO GOVT.CODE§6103 City of Palm Desert Attn: Carlos Ortega 73-510 Fred Waring Drive Palm Desert, CA 92260 Space Above This Line For Recorder's Use Second Amendment to Development Agreement 02-01 This Second Amendment to Development Agreement (this "Second Amendment") is made and entered into as of this day of , 2008, by and between the CITY OF PALM DESERT, a California municipal corporation ("City"), and STONE EAGLE DEVELOPMENT, LLC ("Developer") as successor-in interest to DESTINATION DEVELOPMENT CORPORATION, a California corporation ("DDC") (City and Developer are, collectively, "the Parties"), pursuant to the authority of Section 65864 et seq. of the Government Code of the State of California. RECITALS A. City and DDC entered into that certain Development Agreement 02-01 dated as of November 14, 2002, and recorded on March 11, 2003, as Document No. 2003-172463, in the Official Records of Riverside County, California (the "Agreement"). The Agreement was entered into to facilitate the development of certain real property ("Site") more particularly described in the Agreement. B. Subsequently, City and Developer entered into "First Amendment to Development Agreement 02-01" dated as of , 2007. The Agreement as amended by the First Amendment is referred to herein as "Amended Agreement." C. City and Developer now desire to amend the Amended Agreement in the manner set forth herein pursuant to Section 1000 of the Amended Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the Parties, the Parties hereto agree as follows: 4 PLANNING COMMISSION RESOLUTION NO. AGREEMENT 1. Effective Date. This Second Amendment shall become effective on the date, which is two (2) business days after the date, which is thirty(30) days after date of final adoption by the City of the ordinance approving this Second Amendment ("Effective Date"). From and after the Effective Date, all references to the Amended Agreement shall automatically be deemed to mean the Amended Agreement as amended by this Second Amendment. 2. Defined Terms. All capitalized terms used but not defined herein shall have the meaning set forth in the Amended Agreement. 3. Effect on Site. This Second Amendment will bind the Site upon the Effective Date. 4. Amendment to Section 203(11. From and after the Effective Date, the last sentence in Section 203 (1) shall be revised to read: "Permitted building heights and set backs shall be consistent with those set forth on Exhibit D, attached hereto, as amended by Exhibit E, attached to the Second Amendment to Development Agreement 02-01." 5. Exhibit E. Exhibit E, attached hereto, shall be Exhibit E of the Amended Agreement, and shall amend the development standards of Exhibit D of the Amended Agreement. 6. Covenants Run With Land. It is specifically understood and agreed by and between the Parties hereto that the Amended Agreement and this Second Amendment shall not be severable from Developer's interest in the Site, and the provisions of the Amended Agreement as amended by this Second Amendment shall constitute covenants which shall run with the Site or any portion thereof upon the recordation of this Second Amendment, and that thereafter the benefits and burdens of the Amended Agreement as amended by this Second Amendment shall bind and inure to all successors in interest to the Parties who acquire any interest in the Site. 7. Interpretation. This Second Amendment shall be interpreted to give each of the provisions their plain meaning. The Recitals are incorporated into this Second Amendment. 8. Entire Agreement. This Second Amendment is executed in duplicate originals, each of which is deemed to be an original. This Second Amendment consists of four (4) pages, which constitute the entire understanding of the Parties as to the matters set forth in this Second Amendment. 9. Status of Amended Agreement. Except as modified by this Second Amendment, the terms and provisions of the Amended Agreement shall remain in full force and effect. 5 PLANNING COMMISSION RESOLUTION NO. IN WITNESS WHEREOF, the undersigned have executed this Second Amendment as of the date and year first above written. "CITY" CITY OF PALM DESERT, a California Municipal Corporation Effective Date: By: (Mayor, City of Palm Desert) , 2008 Attest: Carlos L. Ortega City Manager Approved as to form: David Erwin City Attorney "DEVELOPER" STONE EAGLE DEVELOPMENT, LLC a Delaware limited liability company Date of Submission by Developer: By: , 2008 6 PLANNING COMMISSION RESOLUTION NO. STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , before me, , Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , before me, , Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 7 PLANNING COMMISSION RESOLUTION NO. DA 02-01 EXHIBIT "E" AMENDED DEVELOPMENT STANDARDS In addition to the development standards described in Exhibit "D" for Development Agreement 02-10, the following standards have been amended: Building Height for 19 Southridge Units: The maximum building height for the Southridge Homes with a two-story garage/casita shall be 25 feet 2 inches from the approved pad height elevation. The following lots are approved at this height limit: Lots 22-26, Lots 28-34, 38-44. All other lots and main homes shall not exceed 20 feet tall from the approved pad heights based on the original approval in Exhibit D of Development Agreement 02-01. 8 CITY Of PfllDl DESERT �'; 73-510 FRED WARING DRIVE /' I PALM DESERT,CALIFORNIA 92260-2578 ' VIIf TEL:760 346-0611 FAX:760 341-7098 .t!".• in fopalm-desert.org CITY OF PALM DESERT LEGAL NOTICE CASE NOS.DA 02-01 AMENDMENT#2 AND MISC 08-15 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by Stone Eagle Development LLC., requesting approval of a second amendment to Development Agreement 02-01, Stone Eagle Development, allowing a 25 foot 2 inch maximum roof height for a detached garage/casita building on 19 lots. SOUTHRIDGE LOTS WITH A 24 FOOT B INCH HEIGHT ABOVE THE APPROVED PAD HEIGHT .d Its. , t ` . .1. 1} ..11 ,.,a. S. i =II. ,, �. 1 "�*h. f.. ?N S, �`q'i '` kr, 'f- 4,0 — ' i „ �s %t ° %:,, a Ftpq'V,s�'a2h_ .�y� .' t 't; ' ���iyee • • .R Vi' R Sow} 1. A e !„5 , �i�. din.. i'l Y'. Apt,• 121A —� t 4 '� ,f4,...'t �" * 6 W+F SAID public hearing will be held on Tuesday, February 19, 2008 at 6:00 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 conceming the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission (or city council)at,or prior to,the public hearing. PUBLISH: Desert Sun Lauri Aylaian, Secretary February 9, 2008 Palm Desert Planning Commission RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: DOC Is 2003-172463 93/11/2113 la:00A Fee:NC Paps I of 34 CityClerk's Office Recorded in Official Records County of Riverside City of Palm Desert Gary L. Ors. Assessor, County Clark i Recorder 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 IIII Ile IIIIIIII IIIIIIII IIIIII IIII IIIIIII IlllllaIIIIN FOR THE BENEFIT OF THE CITY OF PALM DESERT - NO FEE - - 6103 OF THE GOVT. CODE M S " PAGE SIZE a PCaR I racoR p. '"S_ ( 34 I I A R I MAW LONG REFUND �� EXAM RECORDING REQUESTED tM for """ L -- - G- CITY OF PALM DESERT ORDINANCE NO. 1028 - APPROVING A DEVELOPMENT AGREEMENT RELATING TO THE CREST GOLF CLUB AND RESIDENTIAL VILLAGE (CASE N O. DA 02-01 ) (Title of Document) ORDINANCE NO. .1(178 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,APPROVING A DEVELOPMENT AGREEMENT RELATING TO THE CREST GOLF CLUB AND RESIDENTIAL VILLAGE. CASE NO. DA 02-01 WHEREAS, the City Council of the City of Palm Desert,California, did on the 24th day of October, 2002, hold a duly noticed public hearing to consider a request by Destination Development Corporation for approval of DA 02-01; and WHEREAS, the Planning Commission by its Resolution No. 2156 has recommended approval; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council did find the following facts and reasons to justify its actions: The proposed development agreement is consistent with the provisions of the Municipal Code Chapter 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 DA 02-01 (Exhibit A attached hereto) is hereby approved. 3. The City Clerk of the City of Palm Desert, California, is hereby drected to publish this ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the city of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 14th , day of Nnvemhor , 2002, by the following vote, to wit: AYES: CRITES, FERGUSON, KELLY NOES: BENSON ABSENT: SPIEGEL / ABSTAIN: NONE Alia;11 RICHARD S. KELLY, Ma r ATTEST: OAIP" f / 4 MI MI .10 R•CHELLE D. KLASSEN, City Clerk City of Palm Desert, California Ord Q28inance No. 1 EXHIBIT"A" _ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Desert Attn: Carlos Ortega 73-510 Fred Waring Drive Palm Desert, CA 92260 (Above Space for Recorder's Use Only) DEVELOPMENT AGREEMENT DA 02-01 THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this 14th day of November__ 2002, by and between the CITY OF PALM DESERT, a California municipal corporation ("City"), and DESTINATION DEVELOPMENT CORPORATION, a California corporation ("Developer"), pursuant to the authority of Section 65864 et seq. of the Government Code of the State of California: RECITALS A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Sections 65864 et seq. of the Government Code authorizing any city, county or city and county to enter into a development agreement with an applicant for a development project, establishing certain development rights in the property which is the subject of the development project application. City has adopted an ordinance and regulations establishing procedures and requirements for the approval of development agreements. B. City and Developer desire to enter into this Agreement in order to facilitate the development of certain real property ("Site") located either within, or within the Sphere of Influence of, the City of Palm Desert, more fully described in Exhibit A attached hereto and shown on the map attached as Exhibit B. The real property will be developed pursuant hereto for (i) a residential subdivision; and(ii) a private membership golf club("Club")with golf and other recreational amenities more particularly described herein(collectively, the"Project"). C. This Agreement will be binding on the Site upon the recordation in the Official Records of Riverside County, California of this Agreement. Approximately 63± acres of the Site is located within the City, and approximately 640t acres of the Site is located within the City's Sphere of Influence in the unincorporated area of Riverside County. Developer desires to secure entitlements for the Site from the City and to annex into the City the portion of the Site which is within the City's Sphere of Influence. 136922.7-Word-10/03/02 I 111111111111111111111111111111111111111111111111111111 53 1313 f:7'143" Ordinance No. 1028 D. Developer has either an ownership interest in the Site or the right to acquire the Site, and therefore has a legal or beneficial interest in all of the Site. E. Developer and City have determined that the Site is best suited to development as a residential subdivision project and as the Club. F. City has given due notice of its intention to adopt this proposed Agreement, has conducted public hearings thereon pursuant to Government Code Section 65867 and City's ordinance and regulations relating to development agreements, and has found that the provisions of this Agreement and its purposes are consistent with the objectives, policies, general land uses . and programs specified in City's General Plan as amended concurrently with adoption of this Agreement. G. Development of the Site, which is vacant, requires the construction of substantial public improvements, many of which will benefit both the project and surrounding areas. The development risks and uncertainties associated with the long term nature of the Project, including the cost of these public improvements, could discourage and deter Developer from making the long term commitments necessary to develop the Project. Therefore, the parties desire to enter into this Agreement in order to reduce or eliminate such uncertainties. H. Developer's work in connection with the Project shall include developing the improvements referred to herein as the "Developer Improvements". The "Developer Improvements" include the rough grading, roads and streets, utilities, finished pad grading, drainage gutters, storm water and flood control facilities, water system facilities and all other improvements deemed necessary by Developer or required by City to prepare the Site for development as provided herein. As permitted by law, City and Developer desire to establish design and development standards and permitted uses for the Project and to identify the scope of improvements to be required for, and as a result of, the Project. I. City, by entering into contractual agreements such as this, acknowledges that the obligations of City shall survive beyond the terms of the present City Council members, that such action will serve to bind the City and future Councils to the obligations herein undertaken, and that this Agreement shall limit the future exercise of certain governmental and police powers of City. By approving this Agreement, City Council has elected to exercise certain governmental powers at the time of entering into this Agreement rather than deferring its actions to some undetermined future date. The terms and conditions of this Agreement have undergone extensive review by the City and its Council and have been found to be fair,just and reasonable. City has concluded that the approval and development of the Project as provided herein will serve the best interests of City's citizens and that the public health, safety and welfare will be best served by entering into this Agreement. City acknowledges that Developer would not consider or engage in the development of the Project without the assurances of the development entitlements provided for herein. By entering into this Agreement, City desires to vest in Developer certain development entitlements as specified in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which I IIIIII IIIIII IIII IIIIII IIIIII IIII IIIIII III(IIII IIII IIII a 290 4 of`943r,� 136922.7-Word-10/03/02 2 Ordinance No. 1028 are hereby acknowledged, City and Developer (each herein sometimes called a "Party" and jointly the"Parties") do hereby agree as follows: ARTICLE 1 GENERAL PROVISIONS A. [Sec. 100] Property Description. The Site is that property described in Exhibit A. The Developer represents that it has a legal or equitable interest in the Site. This Agreement will affect title to and impose obligations and liabilities on the Site only upon the recordation of this Agreement in the Official Records of Riverside County, California. The Developer represents that from and after the date on which this Agreement is recorded against the Site, all persons who thereafter acquire a legal or equitable interest in the Site (excepting owners or claimants in easements) will acquire such interests subject to this Agreement. B. [Sec. 101] Term. (1) Commencement and Length of Term. The term of this Agreement shall commence upon the Effective Date as defined herein and shall extend for a period of fifteen(15) years after the Effective Date. The "Effective Date" is the date which is two (2) business days after the later to occur of(i) the date which is thirty (30) days after the date of final adoption by the City of the ordinance approving this Agreement or (ii) the date on which Developer or an affiliated entity acquires fee title to the Site. Thereafter, unless said term is modified or extended by circumstances set forth in this Agreement or by mutual consent of the Parties, subject to the provisions of Section 1000 hereof, upon expiration of said term this Agreement shall be deemed terminated and of no further force and effect and the Parties shall, upon request of the City, execute an appropriate certificate of termination which shall be recorded in the official records of Riverside County, subject, however, to the provisions of Section 407 hereof (2) Government Code Section 66542.6(a). Pursuant to Section 66452.6(a) of the California Government Code, the time for the approval by the City of any tentative, final or parcel map prepared with respect to the Site shall be extended for a period equal to the period this Agreement remains in effect. Such time for approval, and the term of this Agreement, shall be extended and remain in effect for an additional period of time equal to the period of any injunction or moratorium affecting the issuance of grading, building or any other permits or entitlements which are necessary to the development of the Project or any structure to be constructed within the Site. C. [Sec. 102] Sale or Assignment; Binding Covenants. (1) Covenants Run With Land. It is specifically understood and agreed by and between the Parties hereto that this Agreement shall not be severable from Developer's interest in the Site and the provisions of this Agreement shall constitute covenants which shall run with the Site or any portion thereof upon the recordation of this Agreement, and that thereafter the burdens and benefits hereof shall bind and inure to all successors in interest to the Parties. 136922.7-Word-10/03/02 3 'NI I , mu Illl IIIIN INIII IIII IIIIII l�l Illll IIII I'll r�':.201C 032R4Jro.4r1 Ordinance No. 1028 • (2) Right to Assign. After completion of the Club, Developer shall have the right to freely sell, assign, exchange or otherwise transfer its interest under this Agreement as part of a contemporaneous and related sale, assignment or transfer of its interest in the Site, or any portion thereof, without the consent of the City. In addition, Developer shall have the right at any time to freely sell, assign, exchange or otherwise transfer its interest under this Agreement to any entity which is affiliated with or any of whose constituent entities are affiliated with Developer. Any sale, assignment, exchange or transfer of Developer's interest under this Agreement to an unaffiliated (in any way) party prior to completion of the Club shall only be effective upon the consent of City; provided, however, that City must give its consent unless City reasonably concludes that the proposed transferee does not have the capability to complete the Club. Developer shall notify the City of any such sale, assignment, exchange or transfer by providing written notice thereof to the City Manager in the manner provided in Section 800 hereof. (3) Release Upon Transfer. Upon the sale, assignment, exchange or transfer of Developer's rights and interests in the Site or any portion thereof, Developer shall be released from its obligations under this Agreement with respect to the Site, or the portion thereof so transferred, arising subsequent to the effective date of such transfer. Any such transferee shall be obligated and bound by the terms and conditions of this Agreement and shall be the beneficiary thereof and a party thereto, only with respect to the Site, or such portions thereof so transferred to such transferee. Any such transferee shall observe and fully perform all of the duties and obligations of the Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Site sold, assigned, exchanged or transferred to it. D. [Sec. 103] Recordation of this Agreement. Promptly following the Effective Date, City shall record this Agreement in the Official Records of Riverside County, California so that it encumbers the Site. ARTICLE 2 DEVELOPMENT OF THE SITE A. [Sec. 200] Entitlement Applications for the Project. Developer has submitted to City applications and supporting materials relating to the Project consisting of an application for a general plan amendment (the "General Plan Amendment"), an application for a zone change (the "Zone Change"), an application for approval of a tentative tract map (the "Tentative Tract Map") and an application for approval of a precise plan/conditional use permit (the "Precise Plan/CUP"). The City has certified the Final Subsequent EIR ("EIR") relating to the Project. The City has also approved the Developer's Precise Plan/CUP, General Plan Amendment, Zone Change and Tentative Tract Map for the Site. The Site shall be developed as established in the approved Tentative Tract Map, the General Plan Amendment, Zone Change, and Precise Plan/CUP, except for such changes which may be mutually agreed upon hereafter between Developer and City. B. [Sec. 201] Permitted Uses. The Developer shall have the right to develop the Site for the following uses: 136922.7-Word- 10/03/02 4 11111111111111111111111111111 IIIIII 11111111111i O3.2109F f 443,30 Ordinance No. 1028 (1) Residential Development The area of the Site designated for residential development on the site plan showing anticipated facilities and their locations on the Site attached hereto as Exhibit C may be developed with up to sixty (60) residential dwelling units (each, a "DU") and one (1) on-site caretaker residence. Notwithstanding any provisions to the contrary set forth in Chapter 25.100 of the Palm Desert Municipal Code, each DU may (but need not) in developer's sole discretion be sold as up to four (4) fractional interests, each of which fractional interests shall permit the owner of such fractional interest to occupy a DU (which may or may not be the DU in which such owner has a fee interest) for a portion of each calendar year. (2) Club. The Club may be developed by Developer on the areas of the Site designated for such use on Exhibit C hereto. The Club may consist of any or all of the following recreational amenities: a private membership golf course, a driving range, a starter house, comfort stations located in various areas of the Project, an open air pavilion with covered roof and retractable sides, a clubhouse building which includes food and beverage areas, satellite food and beverage facilities or mobile serving vehicles (including for the sale of alcoholic beverages) located as designated by Developer on or near the golf course and other facilities, appropriate maintenance bunker facilities located in various areas of the golf course, swimming pools, and other recreational amenities appropriate for a private golf club. The golf clubhouse, maintenance building, entry gate and gatehouse, parking and other recreational uses shall be located as shown on Exhibit C. Such facilities and locations may be revised by Developer so long as they are substantially similar to that shown on Exhibit C, and so long as the number of DUs does not increase beyond sixty(60)plus the caretaker unit. D. [Sec.202] Project Phasing; Project Scenarios. The Parties acknowledge that Developer cannot at this time predict when, or the order in which, individual buildings in the Project will be developed on the Site. Such decisions with respect to phasing of the Project will depend upon a number of circumstances not within the control of Developer, including, without limitation, market conditions and demand for the use or uses within the Project, the condition of capital markets and availability of appropriate financing for the development of the Project (such as construction or interim and permanent loans, and/or equity capital) and other similar factors. In order to retain the flexibility necessary to respond to such market conditions, Developer shall have the right to develop the Project in phases, in such order, and at such times as Developer deems appropriate within the exercise of its subjective business analysis of those factors determining, in Developer's judgment, the appropriate course • of development of the Project. However, in connection with each phase, Developer shall be required to: (i) comply with the Development Standards (as hereinafter defined); (ii) provide sufficient parking for the anticipated uses in such phase, as determined pursuant to the Development Standards; and (iii) implement the mitigation measures required for such development pursuant to the EIR. E. [Sec. 203] Special Development Provisions. The Parties agree that certain development rights are hereby granted to allow Developer to take advantage of the special and unique type and character of the Project and the Site. These special development provisions are as follows: 136922.7-Word- 10/03/02 111111 111111 1111 111111 IN 111111 III IIIII IIII IIII "cf363 Fe{443€1" Ordinance No. 1028 (1) Project Development Standards: The DUs, clubhouse maintenance building and other structures shall be developed along private roads. Permitted building heights and set backs shall be consistent with those set forth on Exhibit D attached hereto. (2) Project Parking Provisions: Because the DUs will have seasonal use and generally lower demand for on-site parking on a per-residence basis than full time residences, each DU shall have at least one (1) garage or carport parking space and one (1) designated open air space. In addition, each DU shall have one covered space for an electric golf cart. Parallel on-street parking and visitor parking areas(equalling .5 spaces per DU) shall be permitted within the Development consistent with roadway design and safety considerations. (3) Road Design and Development Standards; On-site roads may be constructed of asphalt, concrete, decomposed granite and soil binder, or other material which meets generally accepted performance criteria, including those of the City Fire Marshall. Road widths shall be the minimum found acceptable by the City Fire Marshall, anticipated to be not less than sixteen (16) feet and not more than twenty-four (24) feet. Golf course access drives shall have an improved travel width of not less than sixteen (16) feet. Throughout the project, road edging may be at-grade concrete retainer strips with appropriate parallel drainage channels unless Developer elects to install curbs and gutters. (4) Private Easements and Rights-of-Way: The City shall assist the Developer in its discussions with private parties regarding the abandonment and/or relocation of private easements and/or rights-of-way which Developer deems may adversely affect the needs and development design for the Project. (5) Trails Access/Easements: Developer shall grant necessary easements to the City for public hiking and/or equestrian trails on the perimeter of the Site in areas designated by Developer for such purpose and acceptable to the City, California Department of Fish and Game and the U.S. Fish and Wildlife Service. Such trails shall allow trail linkage from Homme Park to Art Smith Trailhead. Such trails shall not compromise project security or the golfing experience for persons using the Club facilities. Developer shall have no liability for the design, construction, maintenance or use of said trail(s). City shall be responsible for any environmental clearances or agency permits or approvals which may be required to effect trail(s)construction. (6) Dedication of Open Space: A conservation easement or conveyance for conservation shall be established in perpetuity for those portions of the Site shown on the map attached hereto as Exhibit E. A fence shall be erected to preclude access to the golf course and associated lands by Peninsula bighorn sheep. (7) Irrigation Line Right-of-Way & Encroachment Permit: The City shall cooperate and facilitate the provision of an encroachment permit and necessary right-of-way approval from the City so as to permit Developer to construct an irrigation line from Developer's irrigation well on Goldenrod Road to the Site. Such irrigation line shall be designed and constructed in compliance with applicable law at the time such design is submitted to the City. 136922.7-Word-10/03/02 I1 6 t IIIIII IIIIII IIII IIIIII IIIIII IIII IIIIII 111111111111 IIII a 2'AID a 7,f,574,ROA Ordinance No. 1028 (8) Contractor/Service Personnel Parking: Developer shall provide appropriate on-site parking facilities and a transponder program to contractors, service providers and employees to eliminate the demand for off-site parking. (9) Right to Combine Lots, Developer shall have the right, by recordation of lot tie agreements, to combine two(2)or more lots in the area designated for DUs into one larger lot, and upon such combination to either allow such lots to have different grades or to regrade all of such combined lots to the average graded level of such combined lots. City will cooperate in, and process, any lot line adjustments requested by Developer. (10) Art in Public Places. Developer shall be permitted to satisfy any applicable art in public places requirements onsite in a location visible from Highway 74. Such art and its location shall be subject to the approval of the City's Art in Public Places Commission. (11) Grading. Notwithstanding any provisions to the contrary set forth in Chapter 25.15 of the Palm Desert Municipal Code, grading on the Site shall, to the extent commercially feasible, be limited to the grading reasonably required to effect safe access to the Site and that reasonably required to develop the Residential Development and the Club, both as described in Sec. 201 of this Agreement. The grading plan for the Site shall be reviewed and approved by the City's Department of Public Works. Such grading plan shall also be reviewed and approved by the City's Architectural Review Commission but solely to confirm that such grading plan complies with the provisions of this paragraph. F. [Sec. 204] Reservations and Dedications. No reservations or dedications of land will be required by City during the Term except as agreed to in writing by City and Developer in Developer's sole and absolute discretion and as provided in Section 203 (6)hereof. G. [Sec. 205] Processing of Applications and Permits. (1) Processing of Applications. City will accept and shall diligently process all applications for discretionary and other permits or other entitlements with respect to the Project in accordance with this Agreement. If requested by Developer, City will initiate or cause to be initiated all necessary legal proceedings pursuant to the Benefit Assessment Act of 1982 (Government Code Section 54720), or any other applicable provisions of law, to include the Site in a maintenance district for purposes of funding the ongoing maintenance of flood control facilities of benefit to the Site. To the extent such proceedings are initiated and completed by the Coachella Valley Water District, City legally consents to the inclusion of the Site in such maintenance district. (2) Discretionary Approvals. Development of the Site by the Developer is subject, inter alia, to the following discretionary approvals: (a) approval of one or more additional parcel maps; and (b) approval of one or more additional tentative tract maps. 136922.7-Word-10/03/02 7 i IIIIII 11111111111111111111 o J 299 i, f2476:n N Ordinance No. 1028 If, at any time during the term of this Agreement, an act of Developer relating to the Project requires an administrative approval, variance, conditional use permit or other City approval, including, but not limited to,the discretionary approvals listed in this Section 205, Developer shall apply to the City in accordance with the applicable procedures then specified therefor and generally in effect for such administrative approval, variance, conditional use permit or other City approval. In reviewing and approving applications for discretionary approvals, the City may exercise its full discretion under the law and may attach such conditions and requirements as may be deemed necessary or appropriate to carry out the policies, goals, standards and objectives of the General Plan and to comply with legal requirements and policies of the City pertaining to such discretionary approvals. (3) Demolition and Grading Permits. During the term of this Agreement, Developer shall be entitled to obtain one or more demolition permits or grading permits for the Project without the necessity for applying for or receiving any building permit; provided, however, that Developer shall be in compliance with all requirements of the City Municipal Code other than any requirements to apply for or receive any building permit. (4) Certificates of Occupancy. Promptly after completion of any portion of the Project, including any required mitigations, in compliance with the terms hereof and all applicable statutes, ordinances and regulations applicable to the construction of improvements such as those completed on the Site, upon application, the City shall provide Developer with a Certificate of Occupancy therefor. (5) Subdivision Right. This Agreement shall not impair the right of Developer to further subdivide the Site in accordance with applicable law and the terms of this Agreement. The City agrees to promptly consider in good faith one or more tract maps and other applications necessary or appropriate to accomplish such subdivision. Any approval of such an application may include reasonable conditions. Developer may post a bond or letter of credit reasonably approved by the City Manager as to form, amount and issuer, as security for satisfaction of any condition that may be satisfied by the payment of money. H. [Sec. 206] Design Review. Nothing set forth herein shall impair or interfere with the right of City to require the processing of building permits as required by law and to conduct its architectural review of any specific improvements proposed for the Site pursuant to the applicable provisions of the City's Municipal Code which are in effect at the time such review is conducted; provided, however, no such review shall authorize or permit City to impose any condition and/or withhold approval to any proposed improvement the result of which would be inconsistent with the Tentative Map, the Zone Change, the General Plan Amendment, the Precise Plan/CUP, or the provisions of this Agreement. 1. [Sec. 207] Easements. If easements on property adjacent to the Site are required in order for Developer to complete grading for the Developer Improvement, City shall cooperate with Developer in efforts to obtain such easements. City shall not be obligated to incur any expense in connection 136922.7-Word-10/03/02 8 1111111 lllill lilt Illlll IIIIII Illl IIIIII III 11111111111 03,2993 a 2683140 40NR Ordinance No. 1028 with such cooperation. City shall cooperate with Developer in connection with the abandonment of existing utility or other easements and facilities and the relocation thereof or creation of any new easements within the City necessary or appropriate to the development of the Project. If any such easement is owned by the City, City shall, at the request of Developer, take such action as may be necessary to abandon existing easements and relocate them as may be necessary or appropriate. J. [Sec. 208] Rules,Regulations and Official Policies. (1) Applicable Rules. Regulations and Official Policies. For the term of this Agreement, the rules, regulations, ordinances and official policies governing the permitted uses of land, density, design, improvement and construction standards and specifications applicable to the development of the Site shall be as set forth in this Agreement; provided, however, that development of the Site shall be subject to municipal ordinances and regulations which do not conflict with the provisions hereof, including, without limitation, building, electrical, mechanical, fire and similar codes, and ordinances which regulate the manner in which activities may be conducted or which prohibit any particular type of activity on a city-wide basis, in a particular zone(other than development limitations which are inconsistent with the rights granted hereby) or on some other valid, non-discriminatory basis. Except as otherwise provided in this Agreement, to the extent any future changes in the General Plan, zoning codes or any future rules, ordinances, regulations or policies adopted by the City purport to be applicable to the Site but are inconsistent with the terms and conditions of this Agreement,the terms of this Agreement shall prevail, unless the parties mutually agree to amend or modify this Agreement pursuant to Section 1000 hereof. Except as provided in subsections(2), (3), (5) and (6) of this Section 208, the City shall not, in subsequent actions applicable to the Site, apply new rules, ordinances, regulations or policies which conflict with the terms and conditions of this Agreement. To the extent that any further changes in the General Plan, zoning codes or any future rules, ordinances, regulations or policies adopted by the City are applicable to the Site and are not inconsistent with the terms and conditions of this Agreement or are otherwise made applicable by other provisions of this Section 208, such future changes in the General Plan, zoning codes or such future rules, ordinances, regulations or policies shall be applicable to the Site. (2) Changes in State or Federal Law. This Section shall not preclude the application to the Project of changes in City laws, regulations, plans or policies, the terms of which are specifically mandated and required by changes in state or federal laws or regulations. In the event state or federal laws or regulations enacted after the date of this Agreement, or action by any governmental jurisdiction other than the City, prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, then the Parties shall meet and confer in good faith to determine the feasibility of modifying, extending or suspending one or more provisions of this Agreement as may be necessary to comply with such state or federal laws or regulations or the regulations of such other governmental jurisdiction. In addition, Developer shall have the right to challenge such new law preventing compliance with the terms of this Agreement, and, in the event such challenge is successful, this Agreement shall remain unmodified and in full force and effect. To the extent that any actions of federal or state agencies (or actions of regional and local agencies, including the City, required by federal or state agencies) have the effect of 136922.7-Word-10/03/02 9 111111111111����111111 111111 III 11111111111111111 1111 �3.2 z4 ;F Ordinance No. 1028 preventing, delaying or modifying development of the Site, the City shall not in any manner be liable for any such prevention, delay or modification of said development. The Developer is required, at its cost and without cost to or obligation on the part of the City, to participate in such regional or local programs and to be subject to such development restrictions as may be necessary or appropriate by reason of such actions of federal or state agencies (or such actions of regional and local agencies, including the City, required by federal or state agencies). (3) Payment of Fees. Notwithstanding anything herein to the contrary, all future applications for approvals, permits and entitlements shall be subject to the development and processing fees and taxes at their respective rates which are in force and effect at the time the application therefor is filed. (4) No Further Approvals. The City shall not require the Developer to obtain any further approvals or permits for the development of the Site in accordance with this Agreement during the Term. (5) City's Retained Authority. Nothing herein shall be construed to limit the authority of the City to adopt and apply codes, ordinances and regulations which have the legal effect of protecting persons or property from conditions which create a health, safety or physical risk. (6) Other Vesting Statute. The parties intend that the provisions of this Agreement shall govern and control as to the procedures and the terms and conditions applicable to the development of the Site over any contrary or inconsistent provisions contained in Sections 66498.1 et seq. of the Government Code or any other State law now or hereafter enacted purporting to grant or vest development rights based on land use entitlements (herein "Other Vesting Statute"). In furtherance of this intent, and as a material inducement to the City to enter into this Agreement, the Developer agrees that, except as expressly provided herein: (a) Notwithstanding any provisions to the contrary in any Other Vesting Statute, this Agreement and the conditions and requirements of land use entitlements for the Site obtained while this Agreement is in effect shall govern and control the Developer's rights to develop the Site; and (b) The Developer waives, for itself and its successors and assigns, the benefits of any Other Vesting Statute insofar as they may be inconsistent or in conflict with the terms and conditions of this Agreement and land use entitlements for the Site obtained while this Agreement is in effect; and (c) The Developer will not make application for a land use entitlement under any Other Vesting Statute insofar as said application or the granting of the land use entitlement, pursuant to said application, would be inconsistent or in conflict with the terms and conditions of this Agreement and prior land use entitlements obtained while this Agreement is in effect. (7) Need for Public Hearings. This section shall not be construed to limit the authority or obligation of the City to hold necessary public hearings, to limit the discretion of the City or any of its officers or officials with regard to rules, regulations, ordinances, laws and 136922.7-Word- 10/03/02 10 IIIIII1111111111111111IIIIII IIII111111111111111III 1111 03 'yf)`Cr^fA94+EKi Ordinance No. 1028 entitlements of use which require the exercise of discretion by the City or any of its officers or officials. L. [Sec. 209] Encumbrances and Lender's Rights. (1) Permitted Encumbrances. This Agreement shall be superior and senior to any lien placed upon the Site. The Parties agree that this Agreement shall not prevent or limit any owner of an interest in the Site from encumbering the Site with any deed of trust or other security device securing financing with respect to the Site; (2) Lender's Rights. The holder of any mortgage, deed of trust, or other security arrangement ("Lender") with respect to the Site, or any portion thereof, that has requested, in writing, receipt of notice of any event of default under this Agreement shall be entitled to receive a copy of any notice of default and shall be allowed an opportunity to cure such default. The Lender shall receive a Second Default Notice thirty (30) days before the City institutes legal proceedings and the Lender shall again be allowed an opportunity to cure such default. The holder of any mortgage, deed of trust, or other security arrangement with respect to the Site, or any portion thereof, shall not be obligated under this Agreement to construct or complete improvements or to guarantee such construction or completion, but shall otherwise be bound by all the terms and conditions of this Agreement. Nothing in this Agreement shall be deemed to construe, permit or authorize any such holder to devote the Site, or any portion thereof, to any uses, or to construct any improvements thereon, other than those uses and improvements provided for or authorized by this Agreement, subject to all of the terms and conditions of this Agreement. M. [Sec. 210] Interaction with Somerset Homeowners Association. During the period in which the Developer is constructing the improvements on the Site,the Developer shall meet from time to time with any authorized committee appointed by the Somerset Homeowners Association. The purpose of such meetings shall be to discuss the concerns of said Association about landscaping and other issues. ARTICLE 3 OBLIGATIONS OF THE DEVELOPER A. [Sec.300] Improvements. The Developer shall develop the Site in accordance with and subject to the terms and conditions of this Agreement and the discretionary approvals referred to in Section 205 hereof. The failure of the Developer to comply with the terms and conditions of or fulfill any obligation of the Developer under this Agreement or any discretionary approvals, shall constitute a default by the Developer under this Agreement. Any such default may be cured by Developer as set forth in Section 400 hereof. 136922.7-Word- 10/03/02 1 IIIIII 111111 IIII IIIIII IIIIII iii IIIIII III IIIIII III 1111 n t 2�0? 0fl 4npp Ordinance No. 1028 B. [Sec. 301] City's Good Faith in Processing. Subject to the discretionary approvals referred to in Section 205 hereof, the City agrees that it will accept, in good faith, for timely processing, review and action, all complete applications for zoning, special permits, development permits, tentative maps, subdivision maps or other entitlements for use of the Site in accordance with the General Plan and this Agreement. The City shall inform the Developer, upon request, of the necessary submission requirements for each application for a permit or other entitlement for use in advance, and shall promptly review said application and schedule the application for review by the appropriate authority. C. [Sec. 302] Developer's Insurance. Before commencing work pursuant to any City-approved permit on the Site, the Developer shall obtain general liability insurance reasonably approved by the City Manager as to form, amount and carrier. Thereafter,the Developer shall maintain the insurance during the term of this Agreement. D. [Sec. 303] Environmental Requirements. The Developer shall, in connection with the development of each new improvement on the Site, comply with the mitigation measures set forth in the EIR. ARTICLE 4 DEFAULT,REMEDIES,TERMINATION A. [Sec. 400] General Provisions. Subject to extensions of time by mutual consent in writing, failure or unreasonable delay by either Party to perform any term or provision of this Agreement shall constitute a default. In the event of default or breach of any terms or conditions of this Agreement, the Party alleging such default or breach shall give the other Party not less than thirty (30) days notice in writing specifying with particularity the nature of the alleged default and the manner in which said default may be satisfactorily cured. During any such thirty (30) day period, the Party charged with being in default shall not be considered in default for purposes of termination or institution of legal proceedings. After notice and expiration of the thirty (30) day period, if such default has not been cured or is not being diligently cured in the manner set forth in the notice, the other Party to this Agreement may at its option: (a) terminate this Agreement, in which event neither Party shall have any further rights against or liability to the other with respect to this Agreement or the Site; provided, however, if portions of the Site are held in separate ownership at the time such event of default occurs and such event of default is related only to one portion, this Agreement may be terminated only as to such portion and no such termination shall impair the continuing applicability of this Agreement to the remainder of the Site; or 136922.7-Word-10/03/02 12 1111111 111111 liii 111111 111111 liii 111111 UI 111111 Ill 1111 '1'11 a N(y5 4„" Ordinance No. 1028 (b) institute legal or equitable action to cure, correct or remedy any default, including, but not limited to, an action for specific performance of the terms of this Agreement; provided, however, that in no event shall either party be liable to the other for money damages for any default or breach of this Agreement. B. [Sec. 401] Developer Default; Enforcement. No building permit shall be issued or building permit application accepted for the building shell of any structure on any portion of the Site if the permit applicant owns or controls such portion of the Site and if such applicant or any entity or person controlling such applicant has been found to be in default as to such portion of the Site by the City Council of the City under the terms and conditions of this Agreement, unless such default is cured or this Agreement is terminated. A default as to an owner of any portion of the Site shall have no impact on any portion of the Site not owned by such defaulting owner. The Developer shall cause to be placed in any covenants, conditions and restrictions applicable to the Site, or in any ground lease or conveyance thereof, an express provision for an owner of the Site, lessee or City acting separately or jointly to enforce the provisions of this Agreement and to recover attorney's fees and costs for such enforcement. C. [Sec. 402] Annual Review. The City Planning Department shall, at least every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by the Developer with the terms and conditions of this Agreement. Such periodic review shall be limited in scope to compliance with the terms and conditions of this Agreement pursuant to California Government Code Section 65865.1. Notice of such annual review shall include the statement that any review may result in amendment or termination of this Agreement. The costs of notice and related costs incurred by the City for the annual review conducted by the City pursuant to this Section 402 shall be borne by the Developer. The City Manager shall provide thirty (30) days prior written notice of such periodic review to the Developer. Such notice shall require the Developer to demonstrate good faith compliance with the terms and conditions of this Agreement and to provide such other information as may be reasonably requested by the City Manager and deemed by such person to be required in order to ascertain compliance with this Agreement. If, following such review, the City Manager is not satisfied that the Developer has demonstrated good faith compliance with all the terms and conditions of this Agreement, the City Manager may refer the matter, along with his recommendations, to the City Council. Failure of the City to conduct an annual review shall not constitute a waiver by the City of its rights to otherwise enforce the provisions of this Agreement nor shall the Developer have or assert any defense to such enforcement by reason of any such failure to conduct an annual review. D. [Sec. 403] Enforced Delay,Extension of Times of Performance. In addition to specific provisions of this Agreement, either Party hereunder shall not be deemed to be in default where delays or defaults are due to war, terrorism, insurrection, 136922.7-Word-10/03/02 13 I IIIIII IIIIII 111111111111111111111111111111011111 6 21010 j a fqa Ordinance No. 1028 _ strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental entities' enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulations, litigation or similar bases for excused performance. If written notice of such delay is given to the City within thirty (30) days of the commencement of such delay, an extension of time for such cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon. E. [Sec. 404] Limitation of Legal Acts. In no event shall the City, or its officers, agents or employees, be liable in damages for any breach of violation of this Agreement, it being expressly understood and agreed that the Developer's sole legal remedy for a breach or violation of this Agreement by the City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement. F. [Sec. 405] Applicable Law and Attorneys' Fees. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Developer acknowledges and agrees that the City has approved and entered into this Agreement in the sole exercise of its legislative discretion and that the standard of review of the validity or meaning of this Agreement shall be that accorded legislative acts of the City. Should any legal action be brought by a party for breach of this Agreement or to enforce any provision herein, the prevailing party of such action shall be entitled to reasonable attorneys' fees, court costs and such other costs as may be fixed by the Court. G. [Sec. 406] Invalidity of Agreement. (1) If this Agreement is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. (2) If any provision of this Agreement is determined by a court to be invalid or unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any law which becomes effective after the date of this Agreement and either Party in good faith determines that such provision is material to its entering into this Agreement, either Party may elect to terminate this Agreement as to all obligations then remaining unperformed in accordance with the procedures set forth in Section 400, subject, however, to the provisions of Section 407 hereof. H. [Sec. 407] Effect of Termination on Developer Obligations. Termination of this Agreement shall not affect the Developer's obligations to comply with the General Plan and the terms and conditions of any and all land use entitlements approved with respect to the Site prior to such termination, nor shall it affect any other covenants of the Developer specified in this Agreement to continue after the termination of this Agreement. If portions of the Site are held in separate ownership at the time of such termination, this Agreement may be terminated only as to such portion and no such termination shall impair the continuing applicability of this Agreement to the remainder of the Site. 136922.7-Word-10/03/02 14y I IIIIII IIIIII III)IIIIII IIIIII liii IIII III IIIIII III II 0?C1r'1-..,60 {eL=4+00 Ordinance No. 1028 ARTICLE 5 HOLD HARMLESS AGREEMENT A. [Sec. 500] Hold Harmless Agreement. The Developer hereby agrees to and shall indemnify and hold the City, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage, which may arise from the Developer's or the Developer's contractors', subcontractors', agents' or employees' operations under this Agreement, whether such operations be by the Developer, or by any of the Developer's contractors, subcontractors, or by one or more persons directly or indirectly employed by or acting as agent for the Developer. This provision shall survive and continue for a period of one (1) year after the termination of this Agreement. The City shall have the right to select its own counsel to defend it in any indemnified claim unless either(i) Developer is also sued and its counsel can defend all parties, or(ii)Developer's insurer requires engagement of counsel other than that selected by City. In the event of any legal action instituted by a third party or any governmental entity or official arising out of the approval, execution or implementation of this Agreement (exclusive of any such actions brought by the Developer) including such actions brought pursuant to the provisions of the California Environmental Quality Act, the Developer agrees to and shall cooperate fully and join in the defense by the City of such action and shall indemnify and hold the City, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damages, costs or attorneys' fees which may arise from such action. This provision shall survive and continue for a period of one (1) year after termination of this Agreement. The City shall have the right to select its own counsel to represent it in any action of the type referred to in this paragraph. ARTICLE 6 PROJECT AS A PRIVATE UNDERTAKING A. [Sec. 600] Project as a Private Undertaking. It is specifically understood and agreed by and between Parties hereto that the development of the Site is a separately undertaken private development and that the contractual relationship created hereunder between the City and Developer is such that Developer is an independent contractor and is not an agent of the City. None of the terms or provisions of this Agreement shall be deemed to create a partnership or joint venture between the City and Developer or to provide third party beneficiary rights to any person or entity not a Party hereto. The only relationship between the City and the Developer is that of a governmental entity regulating the development of private property and the owner of such private property. 136922.7-Word-10/03/02 15 I 1111 IIIIII 1111 1111111111111111111111111IIIIII IIIIIII G3.G°R 11671�f484" Ordinance No. 1028 • ARTICLE 7 CONSISTENCY WITH GENERAL PLAN A. [Sec. 700] Consistency With General Plan. The City hereby finds and determines that execution of this Agreement is in the best interests of the public health, safety and general welfare and is consistent with the General Plan as amended concurrently with the approval of this Agreement. ARTICLE 8 NOTICES B. [Sec. 800] Notices. All formal notices required by this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, to the principal offices of the City and the Developer with copies sent as set forth below. The addresses of the parties as of the date hereof are as set forth below. Such written notices, demands, correspondence and communication may be directed in the same manner to such other persons and addresses as either party may from time to time designate in writing. The Developer shall give written notice to the City, within ten (10) days after the close of escrow, of any sale or transfer of any portion of the Site and any assignment or partial assignment of this Agreement, specifying the name or names of the transferee, the transferee's mailing address, the legal description of the land sold or transferred, and the name and address of any person or entity to whom any notice relating to this Agreement shall be given with respect to such transferred portion of the Site. Notices required to be given to the City shall be addressed as follows: If to City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attention: City Manager and City Attorney Telephone: (760) 346-0611 Fax Number (760) 346-7098 With a copy to: Best, Best& Kreiger Attn: David Erwin 75-760 Highway 111, Suite 200 Indian Wells, CA 92210 Telephone: (760) 568-2611 Fax Number: (760) 340-6698 136922.7-Word-10/03/02 16 I 111111111111 1111 IIIIII IIIIII IIII IIIIII III IIIIII III IIII 'yR i,R in5.o fiti Ordinance No. 1028 Notices required to be given to the Developer shall be addressed as follows If to Developer: Destination Development Corporation do Lowe Enterprises Attn. Corporate Counsel 11777 San Vicente Blvd., Suite 900 Los Angeles, CA 90049 Telephone: (310) 820-6661 Fax Number: (310) 207-1132 With a copy to: Destination Development Corporation Attn: Theodore R. Lennon 74-001 Reserve Drive Indian Wells, CA 92210 Telephone: (760) 779-1646 Fax Number: (760)779-1469 With a copy to: Luce Forward Attn: Ms. Timi Hallem, Esq. 777 S. Figueroa Street, Ste 3600 Los Angeles, CA 90017 Telephone: (213) 892-4903 Fax Number: (213) 892-7731 ARTICLE 9 RECORDATION A. [Sec. 900] Agreement. The City and the Developer shall record this Agreement and any amendments or modifications thereof in the Official Records of Riverside County, California as required by applicable law. ARTICLE 10 MISCELLANEOUS A. [Sec. 1000] Amendment of Agreement. This Agreement may be amended from time to time with respect to any portion of the Site by mutual consent of the City and the Developer (to the extent that it continues to own any portion of the Site) and of the then-current owner(s) of the portions of the Site affected by such amendment, with City costs payable by the amendment applicant, in accordance with the provisions of Government Code Sections 65867 and 65868. B. [Sec. 1001] Waiver of Provisions. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a 136922.7-Word-10/03/02 17 1111111I1 IIIIIIIIIIIIIII1IIIIIIIIIIIIIIIIIIIIIIIIIIIIII 29N34rt°34rrH Ordinance No. 1028 waiver is sought. No waiver of any right or remedy with respect to any occurrence or event shall be deemed a waiver of any other occurrence or event. C. [Sec. 1002] Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. D. [Sec. 1003] Entire Agreement. This Agreement is executed in duplicate originals, each of which is deemed to be an original. This Agreement consists of eighteen (18) pages and five (5) exhibits, which constitute the entire understanding and agreement of the Parties. Said exhibits are identified as follows: Exhibit A—Description of Site Exhibit B—Map of Site Exhibit C — Site Plan of Project Exhibit D—Building Heights and Setbacks Exhibit E—Area Designated for Conservation Easement IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the day and year first above written. "CITY" CITY OF PALM DESERT, a California Munici al Corporation. //A(/6 Effective Date: By: (Mayor, City of Palm Desert) REFER TO SECTION 101 (1) , 2002 Attest: Carlos Ortega City Manager Approved as to form: DavidVin City Attorney 136922.7-Word-10/03/02 18 1111111 111111{111111111111111 I{II IIINIIII IIIIIII II IIII 1 ��f45:5fi Ordinance No. 1Q2$ "DEVELOPER" DESTINATION DEVELOPMENT CORPORATION, a California Corporation DATE OF SUBMISSION BY BY: � Developer: `odoi R.ZentSo , Sr. V.P. V November 7 , 2002 • 136922.7-Word-10/03/02 19 I IIIIII 111111 11111111 111111 III flfllfthliull " 1 I lr,r14CirjA Ordinance No. 1028 STATE OF CALIFORNIA ) C UNTY OF RIVERSIDE ) O G, , 2002, before me, (name of notary) e, A u e� , a notary public, personally appeared 1.ek"' ,L ph rl�r� t" . , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature (s) on the instrument the person (s), or the entity upon behalf of which the person(s)act xecuted the instrument. WITNESS my hand and official seal. , CNARLYNE YOUNG ; Commission 1370550 ',q )-i Notary Public—California I 'hj Riverisde County My Comm.EzpiresAup 17,20115 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On , 2002, before me, (name of notary) , a notary public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature (s) on the instrument the person (s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 136922.7-Word- 10/03/02 I uhf 1I JI JI II wili 1I I1 1111111I1IIIilli1IliliilII III Fo3 ?,tNrt9a4JUR Ordinance No. 1028 EXHIBIT A-1 TO A-5 LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF PALM DESERT, RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: SECTION 25, TOWNSHIP 5 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. • 120736.8 TAH 9/19/01 111110 IIIIII III)IIIIII IIIIII IIII IIIIII III IIIIIII II IIII 2%3 3 ofy 34rl9f1 Blacklinc Va 07 v.N8 -16- Ordinance No. 1028 EXHIBIT A-2 ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF PALM DESERT, RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: THE NORTH HALF OF GOVERNMENT LOT 2 IN THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN; EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COACHELLA VALLEY COUNTY WATER DISTRICT BY DEED RECORDED DECEMBER 9,1960 AS INSTRUMENT NO. 104324 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF GOVERNMENT LOT 2; THENCE NORTH 00 DEGREES 21' 05" WEST, ON THE EAST SIDE OF SAID NORTH HALF, 265.95 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE LEFT WHOSE TANGENT BEARS SOUTH 28 DEGREES 55' 52" WEST, HAVING A RADIUS OF 650.00 FEET, THROUGH A CENTRAL ANGLE OF 24 DEGREES 46' 53", A DISTANCE OF 281.14 FEET TO THE SOUTH LINE OF SAID NORTH HALF; THENCE NORTH 88 DEGREES 57' 55" EAST ON SAID SOUTH LINE 81.06 FEET TO THE POINT OF BEGINNING. 120736.8 TAH 9/19/01 B4ckline Vet 07 v.08 —17- 1111111 111111111i IIIIU 111111 fill IIIIII III 1111111 111111 F,<.t e41 {4 a,r, Ordinance No. 1028 E2HIBIT A-3 ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF PALM DESERT,. RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 2: THAT PORTION OF THE WEST HALF OF THE NORTH HALF OF LOT 1 OF THE NORTHWEST QUARTER OF SECTION 3 1, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, LYING NORTHERLY OF THE NORTHERLY LINE OF THE STORM WATER CHANNEL AS DESCRIBED IN THE DEED RECORDED DECEMBER 2, 1960 AS INSTRUMENT NO. 102408 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 120736.8 TAH 9/19/01 • 1111311 1111111111 111111 III 111111 63 t0 E46�,nti Blackliue Ver N7 v.N8 -18- Ordinance No. 1028 EDIT A-4 ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF PALM DESERT, RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 3: THAT PORTION OF THE EAST HALF OF THE NORTH HALF OF GOVERNMENT LOT 1 IN THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION, 330.13 FEET; THENCE NORTH 89 DEGREES 42' 05" WEST, 341.19 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 55 DEGREES 52' 34" WEST, 391.64 FEET TO THE WEST LINE OF THE EAST HALF OF THE NORTH HALF OF SAID GOVERNMENT LOT 1; THENCE NORTH I DEGREES 10' 29" WEST ON SAID WEST LINE 222.33 FEET TO A POINT THAT BEARS NORTH 89 DEGREES 57' WEST FROM THE TRUE POINT OF BEGINNING; • THENCE SOUTH 89 DEGREES 57' EAST, 329.82 FEET TO THE TRUE POINT OF BEGINNING. 120736.8 TAH 9/19/01 Blackline Ver 07 v.08 —19— 111111 111111 1111 111111 111111 III 111111 Ifi 1111111 111111 & � j 74 f 4'r%14 Ordinance No. 1028 EXHIBIT A-5 ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF PALM DESERT, RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: THE NORTH 330.00 FEET OF THE EAST HALF OF THE NORTH HALF OF LOT I IN THE NORTHWEST QUARTER OF SECTION 31, AND THAT PORTION OF THE NORTH 3 30.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, LYING WESTERLY OF THE PINE TO PALMS HIGHWAY, CONVEYED TO THE COUNTY OF RIVERSIDE, BY DEED RECORDED FEBRUARY 17,1936 IN BOOK 266 PAGE 480 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, ALL IN TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF; EXCEPT THAT PORTION CONVEYED TO THE COACHELLA VALLEY COUNTY WATER DISTRICT, A PUBLIC AGENCY, OF THE STATE OF CALIFORNIA, BY DEED RECORDED SEPTEMBER 16, 1957 AS INSTRUMENT NO. 66503 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 120736.8 TAH 9/19/01 IIIII IIIIII III IIIIII IIIIII III IIIIII III IIIIIII II IIII 4 ,F Blackliae Ver#7 v.M8 -20- 1 Ordinance No. 1028 g r ...”....., IP..,:.e.., (;1 I Z'll a .. A .4 4 i S .7U. CI MOM= gaMMIMI - d IMMO U1 I • IS C..4 ammo It. .„.,, I: tr CO (..1 0 L ammo 4 t •Q . n tO Y I - .-.- - r../ b. 1, 47.I to '`1 - \{ O 1--..1I 11 I L . - o00 � i aa tpile, �' "'' ' - ---- g Et ob Pt 4 EXHIBIT A6 • on:65z.2 comment GrscrPtr PAGE 1 OF 3 • Ordinance No. 1028 _ 63 • — e • a �\ ;t �. am. n st•1° 4 /! / /, �t. /. 7 / i .2 3 ....,!..-•“...1..,:,,......./ ` a el 0 / / 1 A i pal 1 / // 1 CD,,., .. iii . -:, 4 . ..2R _ .w►it / .. ... .,• 1 li / ©N • O / :-.. 2. s.,..,. f21 I 1 / . ../-- , SdMIII ammo I �• _ �� , •/ O o ` r nl / il; / 4 0 r• i I O ? y ` rt(d1 r �OrI / i s/ Q ry I / / 1 1 1:0 . , III C IMMIIIII o A w21 - / Y L Q . . / .-1f „. / i . : o : o o � n 4 rs n ..,, All A4 4 t72% / l l w , r 1 it d A T1.4 ' nod , /+ ! �. .. fr .f/.. .•n v 1 = NLI • 14 • ' r O 7 _. - EDIT A-6 2 ..J tv Cesai cn: 6rZ3 Comment PAGE 2 OF 3 . I.' Qriciinance No. 1028_ — y 3 ^1 y • • • n 7..l • n 3 1 .. 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City of Palm Desert I IIIIII IIIIII IIII IIIIII IIIIII IIII IIIIII III'ill IIIII II 03.2101E41:?07.,32:168334061, ..qna.:aR-.r;...,,,wQ, -."s•af+�4�11!�' . - . . _ EXHIBIT C-I - Ordi .nce •. 1 i 2; , l. , ,,. -N, ...a...... .._.„ • . il ~ .a\ i -",...,. , --------,---, 0, if ....,,,,,___ \,-, -._,. .„.„ , .4 sQltrot,114,,,, ...,,...„,.,„„, ‘„,,,,...„.._...._....„. . „.., , . ,....„ .,,-... ..... . _ ,... ,___,..... : . 4 :. . , ..„.. • .„,",,_ - ,.. , .....„. _ .,• .„...., _• , •. _____ ,,..,...„.„.....•..‘„, i ji t....:;,...imy,... • i j ...1 Ne, ....-- ,,,,,:ito,,. ,/,...,- ‘...,: fr_�� dell a. 1, „ 0 v i t 11Ci�li�D lielirit ore, 0, `MT lb.,...62.10.., • ,...) 7 if ' -F - . mot t��, . y,i 1/ft 4. 4;:::,,..14047—.'r‘..--,—......21--- •-•.i ."::.'"-r.....5414 i4":11r--,1,..a.ly7garei.;;;, i ' L' 4";to.1') ,4,--- 1- ,Algirli 1 4P,WV.•*-40/,' '. i "e:.../..,.. " /7:-."?„ 41i4;;Mit • 47- \, f.:91(j,..._c--- :-:" 4.441, fc/r-0, 4' k... r ..,..,....K ' —rt.,--'— ----- .7/, - (At ,;, - ' i � ' 'a.4 r , 1 -r� / . . 1,4.4 4. :?.,, - ------------ , 4:2, ,04.ii ,, _....,lc -di ':, if -�/ / 11 1. , 1 / SECTION 31 } T.5 S., R.6 E. / / 1 ill IliltII�111111N11111111111111111111111111 �.`; <i 4n .................... _ .... .• CITY Of Phffi DESERT .• •• , . • 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 " �.r� of TEL: 760 346-0611 f. FAX: 760 340-0574 `• . • infoQ alm-desert or a.a-�:a P 8 CITY OF PALM DESERT, CALIFORNIA CASE NO. DA 02-01 DEVELOPMENT AGREEMENT APPROVED BY ITS ORDINANCE NO. 1028 EXHIBITS C-2 E Not being able to be appropriately recorded, are on file in the Office of the City Clerk City of Palm Desert 73510 Fred Waring Drive Palm Desert, California 92260 (760)346-0611, Ext. 304 -(2 RAC LLE D. K SEN, ITY CLERK CITY OF PALM DESERT, CALIFORNIA MARCH 3, 2003 I 1111111111111111111111111111111111111111 1111 6 3.21 lu 1 `4 6 411"1 11111, Ordinance No. 1028 EXHIBIT D BUILDING HEIGHTS AND SETBACKS The following development standards shall apply: Minimum Building Setbacks: Front yard: Fifteen(15)feet Rear yard: Ten(10)feet Interior side yard: Five(5)feet Building Heights: Residential building or structures shall not have a height exceeding twenty(20) feet from finished pad elevation. In no case shall the building exceed two living stories above the pad elevation of the building site. Country Club/Golf Course or recreational facilities buildings or structures shall not have a height exceeding forty(40)feet from finished pad elevation. 1111111 111111 III!IIIIII 111111 IIII IIIIII III IIIII 1111 Iili n,. j i 1 24f�anH 4 of 34 ...................... • .., ...... CITY OF I' diffi DESERT .._ , .. , 'fit d 73-510 FRET) WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 "�• !' _ y TEL: 760 346-0611 �.4 ,.t FAX: 760 341-7098 .................... info@palm-desert.org January 24, 2008 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NOS: DA 02-01 Amendment No. 2 and MISC 08-15 APPLICANT (AND ADDRESS): STONE EAGLE DEVELOPMENT, LLC, 74-001 Reserve Drive, Indian Wells, CA 92210. NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of 19 homes with a maximum roof height of 24 feet 6 inches. LOCATION: Within the Stone Eagle development west of Highway 74 and the Palm Valley Storm Channel in Section 25 T5S R5E and a portion of Section 31 T5S R6E. ZONE: HPR Upon reviewing the plans and presentations submitted by staff and by the applicant, the Architectural Review Commission granted approval. Date of Action: January 22, 2008 Vote: Motion carried 5-0-1-0, with Commissioner Hanson abstaining (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 re-submitted to Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. CONTINUED CASES: In order to be placed on the next meeting's agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. 0,w co 01 IKKlfo Mt " I 1 .�V 1 Ili FEB 1 2 2008 City of Palm Desert 73-510 Frcd Waring Drive Palm Desert Ca. 92260-2578 :OG;;" _,_ ^iE T Attn. Lauri Aylaian, Sccrctanv L'Ail DESERT Palm Desert Planning Commission Re: Legal Notice Case Nos. DA 02-01 Amendment#2 and Misc 08-15 Dear Ms. Avlaian Please register my strenuous and vociferous objection to the request by Stone Eagle Development LLC.. for approval of a proposal to allow a 25 foot 2 inch maximum roof height for a detached garage/casita building on 19 lots. I live in a development called Sommerset,which is directly across the wash and has a spectacular view of the mountain on which this proposed development is planned. As I sit on my patio. my view is being impinged upon by the present development that is going on. To visualize a two story-plus home. I consider it blasphemously obscene and reprehensible. These developers obviously knew what they were getting when they applied for the original zoning. Now, they are like the camel who sticks his nose under the tent before taking over the whole tent. I, and my neighbors,currently enjoy a bucolic view of the mountains and the surrounding area. To further despoil this scene is not only a crime against nature, but may also have a further environmental impact on the area. Therefore,without going to the expense of hiring counsel to fight this proposal. I wish to register my objection and protest to this proposed plan. I shall rely on our City Council to use their judgment in vetoing this request. Yours truly, 7 Jerome B. Sewell / 72308 Sommerset Dr. Palm Desert, Ca. 92260 JBS/hms