HomeMy WebLinkAboutRes No 1812PLANNING COMMISSION RESOLUTION NO. 1812
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF PRE -ANNEXATION ZONING OF
PCD/HPR (PLANNED COMMUNITY DEVELOPMENT, HILLSIDE
PLANNED RESIDENTIAL - 285.4 ACRES) O.S. (OPEN SPACE -
410.3 ACRES) AND A ZONE CHANGE FROM HPR TO PCD/HPR
FOR 55 ACRES, AND A DEVELOPMENT AGREEMENT FOR A
PROJECT KNOWN AS "THE CREST" CONSISTING OF 151
HOMESITES ON 640 ACRES NORTH OF THE "CAHUILLA HILLS
AREA" AND 55 ACRES OPPOSITE THE PALM VALLEY
CHANNEL FROM THE "SOMMERSET" CONDOMINIUMS.
CASE NO. C/Z 90-12 AMENDMENT #1 DEVELOPMENT AGREEMENT
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 20th day of May, 1997, hold a duly noticed public hearing to consider a request by
CREST PARTNERS for the project described above; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act, Resolution
No. 97-18," in that the Director of Community Development has determined that the project
was previously assessed by an Environmental Impact Report SCH No. 91021034; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said Planning Commission
did find the following facts to justify their actions, as described below:
1. Zone change and development agreement are in conformance with the General
Plan.
2. Zone change and development agreement conform with Environmental Impact
Report SCH No. 91021034.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the.City of Palm
Desert, as follows:
1. That the above recitations are true and correct and constitute the findings of
the commission in this case.
2. That the Planning Comrnission does hereby recommend to the City Council
approval Change of Zone 90-12 Amendment #1 Development Agreement.
PLANNING COMMISSION RESOLUTION NO. 1812
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 17th day of June, 1997, by the following vote, to wit:
AYES: CAMPBELL, FERNANDEZ, FERGUSON
NOES: NONE
ABSENT: NONE
ABSTAIN: BEATY, JONATHAN
ATTEST:
STTHENV. SMITH, Atirig Sec etary
City of Palm Desert, California
2
, Chairperson
DEVELOPMENT AGREEMENT
THE CITY OF PALM DESERT
AND
CREST PARTNERS
JUNE 10, 1997
TABLE OF CONTENTS
Page
RECITALS 1
AGREEMENT 4
1. Binding Effect of Agreement 4
1.1 Binding on Successors 4
1.2 Exceptions 5
1.3 Change in Size 5
2. Relationship of the Parties 5
3. Term 5
3.1 Effective Date 5
3.2 Ternr - 5
3.3 Extension of Time 6
4. Development of the Site 6
4.1 Entitlement Applications for the Project 6
4.2 Environmental Review 6
4.3 Approval of PCD/HPR 6
4.4 Annexation Proceedings 6
4.5 Development in Accordance with PCD/HPR 7
4.6 Procedure for Development 8
5. Project Approval And Incorporation Herein 8
6. Public Improvements 8
7. Reservations, Dedications and Exactions 8
8. Processing of Applications and Permits 8
9. Building Permits 8
10. Design Review 9
11. Easements 9
12. Assignment 9
PTS63731 :06/1 0/97 :FINAL
(i)
DEVELOPMENT AGREEMENT
TABLE OF CONTENTS
Page
13. Periodic Review of Compliance 9
14. Amendment or Cancellation 10
15. Vesting of Project Rights 10
15.1 General Statement 10
15.2 Existing Rules to Govern 10
15.3 Exclusions from "Existing Project Regulations" 11
16. Dedication of Open Space 11
17. Supersession of Agreement by Changes in State or Federal Law 12
18 Indemnification During Construction 12
19. Enforced Delay and Extension of Times of Performance 13
20. Notices 13
21. Breach and Remedies 14
22. Reference 14
22.1 Choice of Procedure 14
22.2 Procedures _ 15
22.3 Power 15
22.4 Substitute 16
22.5 Code of Civil Procedure Section 1298(c) Notice 16
23. Entire Agreement 17
24. Severability 17
25. Attorneys' Fees 17
26. Counterparts 17
27. Estoppel Certificate 17
PT563731:06 /10/97:FTN AL
DEVELOPMENT AGREEMENT
TABLE OF CONTENTS
Luc
28. Encumbrances on Real Property 17
28.1 Discretion to Encumber 17
28.2 Mortgage Protection 18
28.3 Mortgagee Not Obligated 18
28.4 Written Notice of Default 18
29. Enforcement Costs 18
30. Separate Representation 18
31. Time is of the Essence 19
32. Covenant of Good Faith and Fair Dealing 19
EXHIBITS:
Exhibit A Legal Description
Exhibit B Resolution / Ordinance Adopting PCD / HPR
Exhibit C Standard Subdivision Conditions of Approval
PI563731:06/10/97:P1NAL
()
DEVELOPMENT AGREEMENT
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Palm Desert
City Clerk
73510 Fred Waring Drive
Palm Desert, CA 92260
(ABOVE SPACE FOR RECORDER'S USE ONLY)
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement) is made and entered into this
day of , 1997, by and between the CITY OF PALM DESERT, a
California municipal corporation ("City"), and CREST PARTNERS, a California Partnership
("Developer") and is made with reference to the following background facts and
circumstances:
RECITALS
1. Developer is the owner of that certain real property more particularly described
on Exhibit A, attached hereto and by this reference made a part hereof (the "Site"). The Site
consists of approximately 695 acres of which approximately 640 acres are located adjacent to
the City boundary, but within the jurisdiction of Riverside County ("County Property") and
approximately 55 acres are currently located within the jurisdiction of the City ("City
Property").
2. On or about March 30, 1990, Developer applied to the City for preannexation
zoning of the County Property and a change of zone for the City Property which together
would have allowed the development of 209 residential units upon the Site. The entire
application and proceeding was designated CZ 90-12.
3. In support of such preannexation zoning and change of zone applications,
Developer submitted to the City a specific plan of development which delineated, among
other things, development standards, grading standards and procedures and density, all in
conformance with existing ordinances of the City. The project thus described was designated
The Crest at Palm Desert ("the Project").
4. Pursuant to the provisions of the California Environmental Quality Act, the City
caused an environmental impact report, SCH 9102103 ("EIR"), to be prepared, circulated and
considered as required by law.
PfS63731:06 / 10/97 FA1 AL
5. On or about October 2, 1992, the Planning Commission of the City considered
the EIR and the application of the Developer and recommended to the City Council that it
certify the EIR for 209 units to be located upon the Site.
6. On or about November 12, 1992, the City Council considered the EIR and the
application of the Developer. It certified the EIR, which analyzed the environmental effects of
up to 209 residential units on the Site by adoption of Resolution 92-110. By adoption of
Ordinance 693 the City approved the preannexation zoning designation and change of zone for
the Project which would allow a maximum density of 104 residential units upon the Site, based
primarily upon the representation by the County of Riverside that if the County Property were
to remain in the County, Developer would be allowed to develop no more than a total of 83
residential units upon the County Property portion of the Site. Ordinance 693 authorized the
development of 21 residential units upon the City Property portion of the Site.
7. Upon inquiry to the County of Riverside ("County"), County reported to the
City that it had not fully analyzed the Project when it reported that it would allow only 83
residential units to be located upon the County Property, but that it would do so upon
application of the Developer. Developer then formally requested that the County do a more
detailed analysis of the County Property which was completed in due course and after
following each requirement of the County. On December 5, 1994, County reported to the
City that after a full analysis of the Project, it could recommend that 130 residential units
could be located upon the County Property if that property were to remain within the
jurisdiction of the County.
8. Thereafter and on or about June 20, 1995, at a public hearing duly noticed as
required by law, the City Planning Commission considered and recommended for approval an
application by Developer to amend the provisions of CZ 90-12 ("C/Z 90-12, amendment #1)
to allow the development of 151 residential units upon the Site pursuant to a Planned
Community Development and Hillside Planned Residential Development proposal. In
addition, on or about , 1997, at a public hearing duly noticed as required by law, the
City Planning Commission again considered and recommended for approval C/Z 90-12
pursuant to a document entitled Planned Community Development and Hillside Planned
Residential Development, dated March 25, 1997, a copy of which is on file with the planning
department of the City and which by this reference is made a part hereof ("PCD/HPR"). The
City Planning Commission also considered and recommended approval of this Agreement and
annexation of the County Property into the City.
9. California Government Code Section 65864, et seq., provides that the
legislative body of a city may enter into a development agreement for the development of real
property in order to vest certain rights in the Developer and to meet certain public purposes of
the City.
PLS67761:06/10/97:FIN AL 2
DEVELOPMENT AGREEMENT
10. Pursuant to California Government Code Section 65865, City has adopted a
development agreement resolution establishing procedures and requirements for the approval
of development agreements.
11. City desires to enter into this Agreement with Developer in order i) to acquire
in phases and set aside in perpetuity over 400 acres of land on the Site which will be dedicated
to it by developer and, ii) to be assured that an additional approximately 50 acres of the
Project will be maintained by the Developer and its successors as a Desert Park for the benefit
of its residents and' the flora and fauna located thereon and, iii) to further assure that the Site
will be developed in general accordance with the provisions of the PCD/HPR and, iv) to
facilitate the development of the Site pursuant to the PCD/HPR and, v) to receive the benefit
for itself and for the residents of the City the public improvements contemplated to be
constructed by Developer pursuant to the PCD/HPR.
12. City has heretofore adopted its General Plan (the "General Plan"), in connection
with which General Plan the City has certified an environmental impact report. The City has
determined that the PCD/HPR and the development of the Site in conformance therewith is in
conformance with the General Plan; and Developer and City have determined that the Site is
best suited to development as set forth in the PCD/HPR.
13. City has given notice of its intention to adopt this proposed Agreement, has
conducted public hearings thereon pursuant to Government Code Section 65867 and City's
development agreement resolution, 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.
14. Concurrently with approval of this Agreement, City has adopted Ordinance
approving the PCD/HPR, and has adopted the same as the exclusive zoning and
development standard designation for the Site notwithstanding that the PCD/HPR may not
comply with other zoning standards and regulations which might otherwise apply to the Site
15. Development of the Site, which is currently undeveloped, will require the
construction of substantial public improvements, many of which improvements will benefit
both the Project and surrounding areas. Certain development risks and uncertainties
associated with the long-term nature of the Project, including the cost of these public
improvements, and the commitment of approximately 450 acres of the Site to Dedicated Open
Space and Desert Park as well as additional Residential Open Space and Recreational Open
Space, as those terms are defined in the PCD/HPR, could discourage and deter Developer
from making the long-term commitments necessary to develop the Project on the Site;
therefore, the parties desire to enter into this Agreement in order to reduce or eliminate
uncertainties as to such development over which City has control.
PIS63731:06/10/97:PIN AL
3 DEVELOPMENT AGREEMENT
16. As permitted by law, City and Developer desire to establish zoning, design,
density and development standards for the Project, the permitted uses for the Project, and to
identify the scope of improvements to be required for, and as a result of, the Project, all as
more specifically set forth in the PCD/HPR.
17. City, by electing to enter into this Agreement acknowledges that the obligations
of City shall survive beyond the terms of the present members of City Council ("Council");
that such action will serve to bind City and future Councils to the obligations thereby
undertaken, and that this Agreement shall limit the future exercise of certain governmental and
proprietary powers of City. By approving this Agreement, the 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.
18. The terms and conditions of this Agreement have undergone extensive review
by City, its staff, Planning Commission and Council and have been found to be fair, just and
reasonable, and City has concluded that the pursuit of the Project will serve the best interests
of its citizens and the public health, safety and welfare will be best served by entering into this
Agreement.
19. City acknowledges that Developer would not consider or engage in the Project,
including, without limitation, the dedication of over 400 acres to the City and the construction
of the Public Improvements, without the assurances of development entitlements which this
Agreement is designed to provide.
20. This Agreement is intended to and will promote and encourage the development
of the Site by providing Developer, its successors and assigns and its investors and creditors
with a greater degree of certainty of Developer's ability to expeditiously and economically
complete the development effort.
21. Developer and City agree that the consideration to be received by City pursuant
to this Agreement and the rights secured to Developer hereunder constitute sufficient
consideration to support the covenants and agreements of City and Developer. 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 are hereby acknowledged, the parties do hereby agree as follows:
1. Binding Effect of Agreement.
1.1 . Binding on Successors. The Agreement pertains to the Site as described
in Exhibit A. Except as hereinafter set forth, the burdens of the Agreement are binding upon,
PIS63731:06/10/m:PINAL 4
DEVELOPMENT AGREEMENT
and the benefits of the Agreement inure to, all successors -in -interest of the parties to the
Agreement, and constitute covenants which run with the land contained within the Site, and in
order to provide continued notice thereof, this Agreement will be recorded by the parties.
1.2 Exceptions. As set forth in Section 1.1 hereof, the burdens and benefits
of this Agreement are intended to be binding upon and the benefits are intended to inure to the
successors -in -interest of the Parties. Notwithstanding the foregoing, this Agreement and the
PCD/HPR contemplate that certain burdens shall fall upon the Developer and its successor
developers, while others shall fall upon the individual lot owners, as they build individual
residences. Additional burdens shall fall upon the homeowners' association which shall be
formed to deal with the management of the Desert Park, the recreational open space and the
enforcement of covenants, conditions and restrictions which shall encumber the Site. The
Developer and each subsequent owner of all or any portion of the Site shall be and remain
responsible for the obligations set forth herein only during the period of its ownership, and
only with respect to those obligations which are clearly its obligation to perform, depending on
the nature of its ownership interest (Developer, subsequent developer of a portion of the Site,
lot owner or homeowners' association). A default by one owner or group of owners shall not
be considered a default by any other owner, and nondefaulting owners shall remain the
beneficiaries of the benefits of this Agreement notwithstanding the default of any other owner
or group of owners.
1.3 Change in Size. Should the size of the Site or any portion thereof be
changed in minor respects by lot line adjustments or other lawful means, this Agreement shall
not thereby be deemed to have been affected or invalidated but the rights and obligations of the
parties and their successors shall remain as provided herein, and shall apply to the adjusted
site.
2. Relationship of the Parties. It is hereby specifically understood and
acknowledged that the Project is a private project of the Developer and that neither City nor
Developer will be deemed to be the agent of the other for any purpose whatsoever. City and
Developer hereby renounce the existence of any form of joint venture or partnership between
them and agree that nothing contained herein or in any document executed in connection
herewith shall be construed as making City and Developer joint venturers or partners.
3. Term.
3.1 Effective Date. The "Effective Date" of this Agreement shall be the
effective date of Ordinance , which date shall be inserted by the City Clerk on
page 18 hereof.
3.2 Term. The term ("Term") of this Agreement shall commence on the
Effective Date and continue until that date which is twenty (20) years from the
date the site is legally annexed into the City, subject to earlier termination or
PT363731:06/10/97:PIN AL
5 DEVELOPMENT AGREEMENT
extension as hereinafter provided.
3.3 Extension of Time. Pursuant to Section 66452.6(a) of the California
Government Code (a part of the Subdivision Map Act), and notwithstanding the
provision of any City ordinance to the contrary, the time for submittal by the
Developer of any final tract or parcel map prepared with respect to the Site, or
compliance with any condition of any approved Tentative Map, or the date within
which construction must be commenced or completed shall be extended for a
period equal to the period this Agreement remains in effect. Notwithstanding that
one or both of the parties believe that under applicable law, the provisions of this
Agreement may not be affected by an injunction or moratorium, they nevertheless
agree any time for the approval of any such map as well as the Term hereof, shall
be extended and remain in effect for an additional period of time equal to the
period of any injunction or moratorium affecting, or any other law, ordinance,
resolution, rule or regulation limiting, 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 Project.
4. Development of the Site.
4.1 Entitlement Applications for the Project. Developer has submitted the
PCD/HPR to City for review and approval as well as such other documents,
surveys, studies, plans and information as City has required.
4.2 Environmental Review. The City has conducted an environmental review
with reference to the PCD/HPR and has determined that the Project as modified
by the provisions of the PCD/HPR has been previously assessed, reviewed and
approved for purposes of CEQA by certification of the EIR previously submitted
for the Project (SCH #91021034). The staff, planning commission and City
Council have determined that there are no additional environmental impacts of the
Project as a result of this Agreement and the City Council has adopted a Negative
Declaration pursuant to the provisions of CEQA.
4.3 Approval of PCD/HPR. The City Council has approved the PCD/HPR and
each of its appendices and exhibits, all relating to the development of the Site as a
residential community in accordance with the PCD/HPR as more particularly set
forth in Ordinance Number , attached hereto and marked Exhibit B.
4.4 Annexation Proceedings. Within thirty days after the Effective Date
hereof, City shall, in good faith, commence and expeditiously process an
application to annex the County Property through the Local Agency Formation
Commission, and shall take all steps legally required or convenient to annex the
County Property at the earliest possible date. Owner agrees that it shall consent to
P1563731:06/10/97:PINAL 6
DEVELOPMENT AGREEMENT
such annexation.
4.5 Development in Accordance with PCD/HPR.
PIS63751:06/10/97.FIN AL
4.5.1 The City recognizes and agrees that Developer's decision to
move forward with development will be governed by, among other things,
its own economic condition, market conditions for the product it is offering
and the availability of financing all of which factors fluctuate from time to
time. Therefore, development of the Site shall commence and be completed
at the sole discretion of Developer. However, in the event the Developer,
at its sole discretion, proceeds to construct the Project, in phases or in its
entirety, the Project shall be developed on the Site in accordance with the
provisions of the PCD/HPR, including such modifications authorized and
provided for therein, including such additional modifications which may be
mutually agreed upon, in writing, between Developer and City.
4.5.2 City understands and agrees that certain exhibits and maps
contained within the PCD/HPR or attached thereto are conceptual in nature
and that actual development of the Site need only to conform generally with
such exhibits and maps, so long as the actual development meets the overall
goals and objectives of the PCD/HPR.
4.5.3 Developer may submit applications for the approval of such site
development plans ("Site Development Plans") and tentative maps
("Tentative Maps") relating to the Project and such other approvals as may
be required by the laws of the State of California or the City at any time
during the term hereof ("Additional Approvals"), and the City agrees that it
shall expeditiously process and approve such Site Development Plans,
Tentative Maps and additional applications provided they substantially
conform to the Existing Project Regulations (as defined in Section 15.2
hereof) and the provisions of the PCD/HPR. In order to accommodate
desires of the City with respect to the location of certain lots upon the Site,
it was necessary to relocate 8 lots from the City Property to the County
Property. Therefore, the City recognizes and agrees that, if required to
accommodate the eight additional residential units on the County Property,
it will allow deviations from City standards sufficient to accommodate the
additional lots on the County Property in such a fashion to be generally
consistent with the overall character of the development. Alternatively, at
the sole discretion of the developer, the units may be developed on a single
site as a cluster development with a density of no greater than four dwelling
units to the gross acre upon a location satisfactory to both the developer and
the City; provided, however, that there shall be no clustering on any lot or
portion thereof which is located within 300 feet of the southerly property
7
DEVELOPMENT AGREEMENT
line of Section 25.
4.5.4 City shall not impose any condition to any Site Development
Plan, Tentative or Final Map or Additional Approvals except insofar as such
condition is expressly set forth in the PCD/HPR or this Agreement, or such
standard conditions to Tentative Maps as are set forth on Exhibit C, attached
hereto and by this reference made a part hereof.
4.6 Procedure for Development. Any Site Development Plan and/or Tentative
Map may cover the entirety of the Project or there may be several Site.
Development Plans or several Tentative Maps covering the Project. In any case,
the Developer may phase its subdivision of the Project by applying for final
subdivision maps covering less than an entire Tentative Map or the entire Project.
5. Project Approval And Incorporation Herein. The PCD/HPR, each of its terms
and provisions, each modification thereto as provided for therein, and each of its appendices
and exhibits are hereby approved and incorporated herein by reference. Each subject matter
and item set forth in the PCD/HPR, subject to such modifications which are permitted
pursuant to the terms of the PCD/HPR or as the Parties may later agree in writing shall be and
remain permitted during the entire Term hereof.
6. Public Improvements. In order to develop the Site as contemplated by the
provisions of this Agreement, Developer may desire or may otherwise be required to construct
public improvements that will benefit not only the Project and the Site but also other
properties within an identified area of benefit. It is the intent of the parties that Developer be
reimbursed to the extent legally allowable based upon City's then existing agreements with the
Coachella Valley Association of Governments and in accordance with City's then existing
policies concerning the subject of Developer reimbursements. Further, the City shall assist
Developer in the formation of assessment districts and the establishment of reimbursement
contracts and/or other such available mechanisms to fairly apportion the cost of required
offsite improvements among the benefitted properties, consistent with state laws in effect at the
time such assistance is requested.
7. Reservations, Dedications and Exactions. It is hereby further understood and
agreed that no reservations or dedications of land or other exaction will be required by City
during the Term except as set forth in the PCD/HPR.
8. Processing of Applications and Permits. City will accept and shall diligently
process all applications for permits or other entitlements with respect to the Project and the use
of the Site in accordance with this Agreement.
PTS63731 :06/10/97:FIN AL
8
DEVELOPMENT AGREEMENT
9. Building Permits. Nothing set forth herein shall impair or interfere with the
right of City to require the processing of building permits as required by law relating to any
specific improvements proposed for the Project pursuant to the applicable provisions of the
City's Municipal Code which are in effect at the time such permits are applied for; provided,
however, no such permit process 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 PCD/HPR, any Tentative Map or the provisions of this Agreement. The imposition
of additional exactions, required improvements or additional conditions not set forth in the
PCD/HPR or this Agreement shall be deemed to be inconsistent and therefore not allowed.
10. Design Review. Nothing set forth herein shall impair or interfere with the right
of City to conduct its design review of any specific improvements proposed for the Project
pursuant to the applicable provisions and procedures of the PCD/HPR; provided, however,
any such review must approve any improvement that is in conformance with the provisions of
the PCD/HPR.
11. Easements.- It may be that easements on property adjacent to the Site, including
the portions of the Dedicated Open Space, will be required in order for Developer to complete
the Project or offsite Public Improvements. City shall grant such easements over land it owns
and shall cooperate with Developer in efforts to obtain any additional required easements.
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 Site necessary or appropriate to the development of the Project and if any such
easement is owned by 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.
12. Assignment. Developer may sell, encumber or otherwise transfer all or any
portion of the Site to other individuals or entities for development of the Project, in phases or
in its entirety, or construction on individual lots. Such purchasers, assignees, transferees or
lessees of all or any portion of the Site are herein collectively referred to as "Assignee".
Developer's rights and obligations under this Agreement may be sold or assigned, either
totally or partially, in conjunction with the transfer, sale, assignment or lease of all or part of
the Site at any time during the Term. Upon any such transfer, sale, assignment or lease,
Developer shall be released from any and all rights and obligations applicable to the portion of
the Site transferred, sold, assigned or leased.
13. Periodic Review of Compliance. In accordance with Government Code Section
65865.1, the City Council shall review this Agreement at lease once each calendar year during
the Term of this Agreement. At such periodic reviews, Developer must demonstrate its good
faith compliance with the terms of this Agreement. Developer agrees to furnish such evidence
of good faith compliance as City, in the reasonable exercise of its discretion and after
reasonable notice to Developer, may require. Developer may, but shall not be required,
PT563751:06/10/97:PIN AL
9
DEVELOPMENT AGREEMENT
initiate the review process by providing a report to the City during the month of December of
any year during the term of this agreement regarding its good faith compliance with the
Agreement. Unless the City Council formally fords, after notice and hearing, that Developer
is not in compliance with the terms of the Agreement on or before March 1 of the year
immediately following the December in which the report is filed, the City shall be
conclusively deemed to have found that Developer is in good faith compliance with the terms
hereof.
14. Amendment or Cancellation. This Agreement may be amended or canceled in
whole or in part only by mutual consent of the parties or in the manner provided in
Government Code Sections 65865.1 or 65868.
15. Vesting of Project Rights.
15.1 General Statement. As a material inducement to Developer and its lenders
to continue with diligent efforts to promote the development of the Site, City
agrees that the provisions of the General Plan and each and every provision of the
PCD/HPR are to be deemed vested in Developer as of the Effective Date of this
Agreement, and Developer shall have the right to develop the Project in
conformance therewith during the entire Term hereof. City covenants that it will
not, so long as this Agreement remains in effect, modify or amend its General
Plan, the zoning classification or development standards applicable to the Site or
the PCD/HPR, nor shall it apply to the Site, unless Developer specifically consents
thereto, in writing, any new or amended law, ordinance, resolution, rule,
regulation, requirement or official policy, the effect of which application to the
Site would be to change the permitted uses, development intensity or improvement
requirements or exactions or cause the development of the Site in accordance with
the PCD/HPR substantially more expensive or the time required for processing,
approval or development substantially longer.
15.2 Existing Rules to Govern. In accordance with the terms of Government
Code Section 65866, City and Developer agree that the General Plan, the zoning
classification incorporated in the PCD/HPR and the PCD/HPR together with any
conditions to approval attached to any of the foregoing in effect as of the Effective
Date ("Existing Project Regulations"), and such ordinances or resolutions
establishing City fees and charges in effect as of the Effective Date hereof shall
govern the development of the Site during the entire Term hereof. Such Existing
Project Regulations shall continue to apply, notwithstanding the development of
the Site as provided herein, to the reconstruction of any Developer Improvements
or Public Improvements damaged or destroyed from any cause. Except as
otherwise provided in this Agreement, no amendment to, revision of or addition
to the General Plan, the zoning classification and standards, the PCD/HPR or any
of its appendices or Exhibits shall be applicable to the Site without Developer's
PT563731:06 /10/97:P1N AL
10
DEVELOPMENT AGREEMENT
written approval, whether adopted or approved by the Council or any office,
board, commission or other agency of City, or by the people of City through an
initiative or referendum measure (including, without limitation, growth control
measures, including those which limit, meter or place additional qualifications or
discretionary review on the issuance of building permits or any regulation which
affects timing or phasing of the Project, or any moratorium or limitation upon
utility service to the Project), and no such Agreement, revision or addition shall be
effective or enforceable by City with respect to the Project. Notwithstanding the
foregoing, Developer may, at Developer's sole discretion, as evidenced by a
written consent thereto, choose to be governed by any future law, rule, regulation
or policy adopted by the City.
15.3 Exclusions from "Existing Project Regulations". As used herein, "Existing
Project Regulations" shall not include municipal laws and regulations which do not
conflict with Developer's vested rights to develop and use the Site in accordance
with this Agreement. Developer and its successors and assigns and all persons and
entities in occupation of any portion of the Site shall comply with such non -
conflicting laws and regulations as may from time -to -time be enacted or amended
hereafter. Specifically, but without limitation on the foregoing, such non -
conflicting laws and regulations include the following;
15.3.1 Building, electrical, mechanical, fire and similar codes based
upon uniform codes incorporated by reference into the City of Palm Desert
Municipal Code, and;
15.3.2 Procedural rules applicable to land use entitlement applications
relating to the Project; provided, however, the City may not, under the
guise of being a procedural rule, change a procedure or procedures that are
provided or specified PCD/HPR.
16. Dedication of Open Space. As partial consideration of the vested benefits to
Developer granted hereunder, within thirty days from the Effective Date, Developer shall
deliver to City a grant deed conveying marketable title, free and clear of financial
encumbrances to 100 acres of the Dedicated Open Space ("Initial Dedication") as set forth in
the PCD/HPR.
16.1 Developer shall also deliver to City a Non Disturbance Agreement which
shall provide that Developer shall not disturb or allow the disturbance of any
portion of the remainder of the Dedicated Open Space so long as this agreement
shall remain in effect and prior to the conveyance of the balance of the Dedicated
Open Space as provided in Section 16.2 hereof. The Non Disturbance Agreement
shall. not be recorded by the City, but bona fide purchasers, for value, shall be
bound by the provisions thereof by virtue of the recordation hereof. In addition,
PTS63731:06/10/97:PEN AL
11
DEVELOPMENT AGREEMENT
Developer covenants and agrees that it shall provide actual notice of such non
disturbance agreement to any such bona fide purchaser prior to any sale of
conveyance of the project.
16.2 In addition, at such time as Developer or its successors or assigns has
received from City all such entitlements, permits and authorizations required by it
to begin construction of all or any phase of development on the Site, it shall
convey to City marketable title, free and clear of fmancial encumbrances, to
additional portions of the Dedicated Open Space("Subsequent Dedications"). The
acreage included in any Subsequent Dedication shall bear the same relationship to
the acreage contained within the entire remaining Dedicated Open Space to be
dedicated (after the Initial Dedication) as the number of residential units for which
it is receiving such entitlements, permits and authorizations required by it to begin
construction upon bears to 151, and shall be described by a line generally parallel
with the outer bountry of the land included in the Initial Dedication. Except as
expressly provided in the PCD/HPR or this Agreement, the City shall not impose
or require any additional dedications or exactions from Developer in connection
with the approval or development of the Site. Notwithstanding the dedication
herein required, in the event Developer is required by any local, state or federal
regulatory agency to provide mitigation as a result of the Project, it may use the
Dedicated Open Space as all or a portion of such mitigation. It is the intention of
the Parties that Developer may "bank" the open space and natural resource values
located upon the open space lands to satisfy mitigation requirements which may be
imposed (either prior or subsequent to the dedication of the Open Space to the
City) by regulatory agencies other than the City.
17. Supersession of Agreement by Changes in State or Federal Law. In the event
that State or Federal laws or regulations enacted after the Effective Date of this Agreement
which preempt the Agreement or City's authority to perform hereunder, or the action or
inaction of any affected governmental jurisdiction other than City or any instrumentality
thereof, prevents or precludes compliance with one or more provisions of this Agreement as a
matter of law, the parties shall:
17.1 Provide the other party with written notice of such State or Federal
regulation, provide a copy of such regulation and a statement identifying how such
regulation conflicts with the provisions of this Agreement, and;
17.2 Promptly meet and confer with the other party in good faith and make a
reasonable attempt to modify or suspend this Agreement to comply with such
Federal or State law or regulation. Thereafter, regardless of whether the parties
reach agreement on the effect of such Federal or State law or regulation upon this
Agreement, the matter shall be scheduled for a hearing before the Council, upon
thirty (30) days notice, for the purposes.of determining the exact modification or
P S63731:06/10/47 FINAL
12
DEVELOPMENT AGREEMENT
suspension which is required by such Federal or State law or regulation. In the
event the parties cannot reach an agreement with reference to the effect of such
Federal or State law or regulation, the issue may be resolved by declaratory relief
via a reference proceeding as provided herein.
18. Indemnification During Construction. During the period of construction on the
Site and until such time as City has completed its final inspection of all of the Developer
Improvements thereon, Developer agrees to and shall indemnify and hold City and its agents,
officers, servants, employees and contractors harmless from and against all liability, loss,
damage, costs or expenses (including reasonable attorneys' fees and court costs) arising out of
or as a result of the death of any person or any accident, injury, loss or damage whatsoever
caused by any acts done thereon by, or any errors or omissions of, the Developer or its
agents, servants, employees or contractors. Developer shall not be responsible for (and such
indemnity shall not apply to) any acts, errors or omissions of any other person or entity
(except for those of its agents, servants, employees or contractors, as set forth above)
including the City and its agents, officers, servants, employees or contractors.
19. Enforced Delay and Extension of Times of Performance. In addition to
specific provisions of this Agreement, performance by Developer hereunder shall not be
deemed to be in default where delays or defaults are demonstrated to be due to acts of God,
war, acts or omissions of City, acts or omissions of third parties which are not a party to this
Agreement, including but not limited to, other governmental agencies, the imposition of an
injunction or a development moratorium or other "no growth" or "slow growth" measures that
adversely affect the Project or the ability to secure permits or other entitlements to develop
structures on the Site, or any other causes beyond the reasonable control of Developer. An
extension of time in writing for any such cause shall be granted by City for the period of the
enforced delay, or longer as mutually agreed upon, which period shall commence to run from
the time of commencement of cause. Nothing in the provisions of this paragraph shall imply
that the parties believe that under applicable law, the provisions of this Agreement may be
affected by an injunction or moratorium or other "no growth" or "slow growth" measures.
20. Notices. All notices or other communications required or permitted hereunder
shall be in writing and shall be either personally delivered (which shall include delivery by
means of professional overnight courier service which confirms receipt in writing [such as
Federal Express or UPS}), sent by telecopier or facsimile ("FAX") machine capable of
confirming transmission and receipt, or sent by certified or registered mail, return receipt
requested, postage prepaid to the following parties at the following addresses or numbers:
If to City:
PIS63731:06/10/97:PIN AL
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92270
Attention: City Manager
13
DEVELOPMENT AGREEMENT
If to Developer:
Telephone: 619/346-0611
Fax: 619/340-0574
Crest Partners
11750 Sorrento Valley Road
San Diego, CA 92121
Attention: Tyler Miller
Telephone: 619/481-7700
FAX: 619/259-5694
Notices sent in accordance with this paragraph shall be deemed delivered upon the next
business day following the: (i) date of delivery as indicated on the written confirmation of
delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally
delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile
machine), or; (iv) the date of delivery as indicated on the return receipt if sent by certified or
registered mail, return receipt requested. Notice of change of address shall be given by
written notice in the manner detailed in this paragraph.
21. Breach and Remedies. Notwithstanding any provision of this Agreement to the
contrary, neither Developer nor any Assignee shall not be deemed to be in default under this
Agreement, and City may not terminate or modify Developer's or any Assignee's rights under
this Agreement unless City shall have first delivered a written notice of any alleged default to
Developer or Assignee, which shall specify the exact nature and extent of such default. In the
event Developer or any Assignee disputes that such default exists, the City Council shall set
the matter for public hearing and shall determine after such public hearing whether, in its
opinion, such default exists. If such default, as determined by the City Council, after public
hearing, is not cured by Developer or the applicable Assignee within sixty (60) days after
determination of such default by the City Council, or with respect to defaults which cannot be
cured within such period, Developer or assignee fails to commence to cure the default within
thirty (30) days after determination of such default by the City Council, or thereafter fails to
diligently pursue the cure of such default until completion, City may terminate Developer's or
assignee's rights under this Agreement as its exclusive remedy. In the event a breach of this
Agreement occurs, irreparable harm is likely to occur to the non -breaching party and damages
will be an inadequate remedy. To the extent permitted by law, therefore, it is expressly
recognized that injunctive relief, writs of mandate and actions for specific enforcement of this
Agreement are proper and desirable remedies, and it is agreed that any claim by Developer or
any assignee against City for an alleged breach of this Agreement shall be remedied by
injunctive relief or an appropriate action for specific enforcement of the Agreement and not by
a claim or action for monetary damages. Developer or assignee may, at any time, and from
time to time during the term hereof, dispute any claim, fording or decision of the City Council
pursuant to the provisions of Section 22 hereof. In addition, City agrees that it shall
participate, join and cooperate with Developer in the defense of any action brought by any
third party contesting the Project, the PCD/HPR or this Agreement
P1S63751:06/10/97:FIN AL
14
DEVELOPMENT AGREEMENT
22. Reference. It is the desire of the parties to quickly resolve any dispute and with
as little expense as possible. Accordingly:
22.1 Choice of Procedure. Each controversy, dispute or claim between the
parties arising out of or relating to this Agreement, which controversy, dispute or
claim is not settled in writing within thirty (30) days after the Claim Date (as
hereinafter defined), will be settled by a reference proceeding in Riverside
County, California in accordance with the provisions of Sections 638 et seq. of the
California Code of Civil Procedure, or their successor Sections ("CCP"), which
shall constitute the exclusive remedy for the settlement of any controversy, dispute
or claim concerning this Agreement, including whether such controversy, dispute
or claim is subject to the reference proceeding and the parties waive their rights to
initiate any legal proceedings against each other m any court or jurisdiction.
As used herein, "Court" shall mean the Superior Court of Riverside, Indio
Branch Area. The referee shall be a retired judge or commissioner of the Court or
an attorney -or other qualified person selected by mutual agreement of the parties,
and if they cannot so agree within forty-five (45) days after the Claim Date, the
referee shall be promptly selected by the Presiding Judge of the civil division of
the Court (or his representative). The referee shall be appointed to sit as a
temporary judge, with all of the powers of a temporary judge, as authorized by
law, and upon selection should take and subscribe to the oath of office as provided
for in Rule 244 of the California Rules of Court (or any subsequently enacted
Rule). Each party shall have one peremptory challenge pursuant to CCP 170.6.
The referee shall (a) be requested to set the matter for hearing within sixty (60)
days after the Claim Date, and (b) try any and all issues of law or fact and report a
statement of decision upon them, if possible, within ninety (90) days of the Claim
Date. Any decision rendered by the referee will be treated as the equivalent of the
same decision by the Court and judgment shall be entered pursuant to CCP 644 in
any court in the State of California having jurisdiction. Any party may apply for a
reference at any time after thirty (30) days following notice to any other party of
the nature of the controversy, dispute or claim (the "Claim Date"), by filing a
petition for a hearing and/or trial. All discovery shall be directed by the referee
with the goal of effectuating the parties' desire to minimize delay and expense.
The referee may shorten any statutory time period in his/her discretion.
22.2 Procedures. Except as expressly set forth in this Agreement, the referee
shall determine the manner in which the reference proceeding is conducted
including the time and place of all hearings, the order or presentation of evidence,
and all other questions that arise with respect to the course of the reference
proceeding. All proceedings and hearings conducted before the referee, except for
trial. shall be conducted without a court reporter, except that when any party so
requests, a court reporter will be used at any hearing conducted before the referee.
PTS63711:06/10/97:PIN AL
15
DEVELOPMENT AGREEMENT
The party making such a request shall have the obligation to arrange for and pay
for the court reporter. The costs of the court reporter at the trial shall be borne
equally by the parties.
22.3 Power. The referee shall be required to determine all issues in accordance
with existing case law and the statutory laws of the State of California. The rules
of evidence applicable to proceedings at law in the State of California will be
applicable to the reference proceeding. Subject to the limitation on remedies set
forth in this Agreement, the referee shall be empowered to enter equitable as well
as legal relief, to provide all temporary and/or provisional remedies and to enter
equitable orders that will be binding upon the parties. The referee shall issue a
single judgment at the close of the reference proceeding which shall dispose of all
' of the claims of the parties that are the subject of the reference, including writs of
mandate and all other orders or remedies which are necessary or appropriate to
enforce or require action by the City. The parties hereto expressly reserve the
right to contest or appeal from the final judgment or any appealable order or
appealable judgment entered by the referee. The parties hereto expressly reserve
the right to findings of fact, conclusions of law, a written statement of decision,
and the right to move for a new trial or a different judgment provided that the
rules with relation thereto shall be those applicable had the matter been tried in the
superior court.
22.4 Substitute. In the event, and only in the event, that the enabling legislation
which provides for appointment of a referee is repealed (and no successor statute
is enacted), any dispute between the parties that would otherwise be determined by
the reference procedure herein described will be resolved and determined by
arbitration. The arbitration will be conducted by a retired judge or commissioner
of the Court or an attorney or other qualified person, in accordance with the
California Arbitration Act, Sections 1280 through 1294.2 of the CCP as amended
from time -to -time. The limitations with respect to discovery as set forth
hereinabove shall apply to any such arbitration proceeding.
22.5 Code of Civil Procedure Section 1298(c) Notice. The following notice is
given to the extent required by Code of Civil Procedure Section 1298(c) and is not
intended to alter or affect the interpretation or meaning of the provisions contained
in this Section 21:
NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE
ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION
OF DISPUTES' PROVISION RECITED ABOVE DECIDED BY NEUTRAL ARBITRATION
AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU
MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY
TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR
JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE
SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION.
IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS
PTS63731:06 / 10/97:Pw AL
16
DEVELOPMENT AGREEMENT
PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF
THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS
ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING, AND AGREE TO SUBMIT
DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF
DISPUTES' PROVISION TO NEUTRAL ARBITRATION:
INITIALS BY CITY INITIALS BY DEVELOPER
23 Entire Agreement. This Agreement and the Exhibits herein contain the entire
Agreement between the parties, and is intended by the parties to completely state the
Agreement in full. Any agreement or representation respecting the matters dealt with herein
or the duties of any party in relation thereto, not expressly set forth in this Agreement, is null
and void.
24. Severability. If any term, provision, condition, or covenant of this Agreement,
or the application thereof to any party or circumstance, shall to any extent be held invalid or
unenforceable, the remainder of the instrument, or the application of such term, provision,
condition or covenant to persons or circumstances other than those as to whom or which it is
held invalid or unenforceable, shall not be affected thereby and each term and provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law, unless the
result would be unreasonable or inequitable under the circumstances or would frustrate the
purposes of the Agreement or the rights and obligations of the Parties hereunder.
25. Attorneys' Fees. In the event either party hereto or assignee hereof brings an
action or proceeding for a declaration of the rights of the parties, for injunctive relief, for an
alleged breach or default, or any other action arising out of this Agreement, or the transactions
contemplated hereby or institutes a reference or arbitration proceeding as may expressly be
permitted by the terms of this Agreement, the prevailing party in any such action shall be
entitled to an award of actual attorneys' fees and costs incurred in such action or proceeding,
without regard to any rule of court or schedule of such fees maintained by the court, in
addition to any other damages or relief awarded, regardless of whether such action proceeds to
final judgment.
26. Counterparts. This Agreement may be executed in one or more counterparts,
each of which will be deemed an original, but all of which constitute one and the same
instrument.
27. Estoppel Certificate. City shall, at any time and from time -to -time within ten
(10) days after receipt of written notice from Developer so requesting, execute, acknowledge
and deliver to Developer a statement in writing: (i) certifying that this Agreement is
PTS63751:06/10/97:FW AL
17
DEVELOPMENT AGI FEMENT
unmodified and in full force and effect (or, if modified stating the nature of such modification
and certifying that this Agreement, as so modified, is in full force and effect) and; (ii)
acknowledging that there are not any uncured defaults on the part of Developer hereunder or
specifying such defaults if any are claimed. Any such statement may be relied upon by any
prospective purchaser, owner, lessee or encumbrancer of all or any portion of the Site.
28. Encumbrances on Real Property.
28.1 Discretion to Encumber. The parties hereto agree that this Agreement shall
not prevent or limit Developer, in any manner, at Developer's sole discretion,
from encumbering the Property or any portion thereof or any improvements
thereon with any mortgage, deed of trust or other security device ("Mortgage")
securing financing with respect to the Site. The City acknowledges that the
lenders providing such financing may require certain modifications, and the City
agrees, upon request, from time -to -time, to meet with Developer and/or
representatives of such lenders to negotiate in good faith any such request for
modification. -City further agrees that it will not unreasonably withhold its consent
to any such requested modification. Any mortgagee or trust deed beneficiary of
the Site or any portion thereof or any improvements thereon and its successors and
assigns ("Mortgagee") shall be entitled to the following rights and privileges.
28.2 Mortgage Protection. This Agreement shall be superior and senior to the
lien of any Mortgage. Notwithstanding the foregoing, no breach of this
Agreement shall defeat, render invalid, diminish or impair the lien of any
Mortgage made in good faith and for value, and any acquisition or acceptance of
title or any right or interest in or with respect to the Site or any portion thereof by
a Mortgagee (whether pursuant to a Mortgage, foreclosure, trustee's sale, deed in.
lieu of foreclosure or otherwise) shall be subject to all of the terms and conditions
of this Agreement.
28.3 Mortgagee Not Obligated. Notwithstanding the provisions of Section 27.2,
no Mortgagee will have any obligation or duty under this Agreement to perform
the obligations of Developer or other affirmative covenants of Developer
hereunder, or to guarantee such performance, except that to the extent that in the
event such Mortgagee develops or constructs the Project or any portion thereof, it
shall be developed or constructed in conformance herewith.
28.4 Written Notice of Default. Each Mortgagee shall be entitled to receive
written notice from the City of any default by Developer under this Agreement, if
such default is not cured within thirty (30) days, provided such Mortgagee has
delivered a written request to the City for such notice. Each Mortgagee shall have
a further right, but not an obligation, to cure such default for a period of thirty
(30) days after receipt of such notice of default.
PTS63751:06/10/9711IId AL
18
DEVELOPMENT AGREEMENT
29. Enforcement Costs. Developer shall reimburse City for any direct costs or
expenses, including City staff time, that City reasonably incurs in taking actions requested by
Developer to be taken by City pursuant to this Agreement; provided, however, that this
Section shall apply only to extraordinary requests of Developer not covered by established
City procedures for which fees may or may not be regularly set from time to time by the City.
30. Separate Representation. Each Party has been represented by counsel of its
choosing during the negotiation and preparation of this Agreement, and the terms of this
Agreement shall not be construed against the Party which drafted the Agreement nor in favor
of either Party.
31. Time is of the Essence. Time is of the essence of this Agreement. City agrees
that it shall expeditiously and in good faith expedite and process each and every application
submitted by developer in a timely manner and without undue delay.
32. Covenant of Good Faith and Fair Dealing. Each Party agrees that it shall
implement the terms of this Agreement in good faith and shall at all times deal fairly with the
other Party in all matters connected with or covered by the terms of this Agreement and
required, necessary or convenient for the development of the Project.
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 municipal corporation
Effective Date: By:
Attest:
,19
By:
City Manager
APPROVED AS TO FORM:
By:
PTS637i 1 :06 /1 0/97 :PIN AL
19
Mayor, City of PALM DESERT
DEVELOPMENT AGREEMENT
City Attorney
PTS63751:06/10/97:FINAL
"DEVELOPER" CREST PARTNERS
a California Partnership
By:
By:
20
DEVELOPMENT AGREEMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF )
On , before me, , 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.
SIGNATURE OF NOTARY
STATE OF CALIFORNIA )
) ss
COUNTY OF - )
On , before me, , 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.
SIGNATURE OF NOTARY
STATE OF CALIFORNIA
COUNTY OF
) ss
On , before me, , 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.
SIGNATURE OF NOTARY
P 15637 51:06 / 10/97 :P1N AL
21
DEVELOPMENT AGREEMENT
EXHIBIT "A"
LEGAL DESCRIPTION
PIS637S1 O6/1o/9,:PINA.
EDIT "B"
RESOLUTION / ORDINANCE ADOPTING PCD/HPR
P1163731:06/10/97:YWAL DEVELOPMENT AGREEMENT
EXHIBIT "C"
STANDARD SUBDIVISION CONDITIONS
Pf563751:06/10/97:PINAL DEVELOPMENT AGREEMENT
EXHIBIT "C"
CONDITIONS OF APPROVAL
Department of Community Development:
1. Mitigation measures in the Environmental Impact Report SCH #91021034 are
referenced further as conditions of approval.
2. Standards for development shall follow options 1 and 3 of the City's Hillside
Ordinance and as clarified further by the PCD text.
3. Further interpretation or refinement of any conditions at the tract map stage shall
take into account the low density nature of the project.
4. See attached Exhibit "C-1" entitled PROPOSED OMNIBUS CONDITION DEALING
WITH THE UNIQUE NATURE OF THE PHYSICAL CONDITIONS AT THE CREST. Said
condition shall replace Department of Community Development Condition No. 3 only
upon review and approval by the City Attorney.
5. Emergency shall be defined as an event requiring police, fire, ambulance or other
similar vehicle and where access from the main access road is impractical.
6. Crash gate shall be relocated to the southern perimeter of the three properties
referred to in text in Emergency Drive section of the PCD text.
7. No benches or shade structures shall be permitted along the ridge line. Ridge line
shall be defined as area visible from a westerly perspective (from down valley).
3
EXHIBIT "C-l"
PROPOSED OMNIBUS CONDITION DEALING WITH THE UNIQUE NATURE
OF THE PHYSICAL CONDTTYONS AT pp ,
ED
THE CREST
JUN 1 7 1997
TO BE ADDED TO EXHIBIT C u0M4iUNITY DEVELOPMENT DEi'atir;atn
CITY Of PRLM OEsERT
In applying the standard conditions of development, the City shall take into consideration
the unique physical attributes of the site and the fact that a significant portion of the entire
property has been dedicated to open space, thus making unavailable many suitable building sites
and routes for streets aizd :roadways. The City recognizes and agrees that the conditions of
approval are standard conditions which it typically applies to developments on the desert floor
which are not faced with many of the unique physical constraints applicable to this project. The
City agrees that in applying the standard conditions of development, it shall work in good faith
with the developer to assure that the proposed conceptual improvements and agreed upon 151
lots and recreation area may be developed on the site in a fashion which is reasonable and
economically feasible.
• •
CITY OF PALM DESERT
INTEROFFICE MEMORANDUM
TO: Department of Community Development/Planning
Attention: Phil Joy
FROM: Richard J. Folkers, Asst. City Manager/Public Works
Director
SUBJECT: THE CREST DEVELOPMENT AGREEMENT -EXHIBIT "C"
DATE: May 9, 1997
The following should be considered conditions of approval for the
above -referenced -project:
(1) Drainage fees, in accordance with Section 26.49 of the Palm
Desert Municipal Code and Palm Desert Ordinance Number 653,
shall be paid prior to recordation of the final map or
issuance of grading permits. .
(2) Drainage facilities shall be provided to the specifications of
the Director of Public Works. In addition, proposed drainage
facilities/improvements that impact the Palm Valley Channel
shall be subject to review and approval by the Coachella
Valley Water District.
(3) Storm drain construction shall be contingent upon a drainage
study prepared by a registered civil engineer that is reviewed
and approved by the Department of Public Works. Said study
will include, but not be limited to, the investigation of both
upstream and downstream impacts with respect to existing and
proposed conditions.
(4) Signalization fees, in accordance with City of Palm Desert
Resolution Nos. 79-17 and 79-55, shall be paid prior to
recordation of the final map or issuance of grading permits.
Construction costs associated with the proposed project entry
traffic signal may be used as a credit against said fees.
(5) Full public improvements, as required by Sections 26.40 and
26.44 of the Palm Desert Municipal Code, shall be installed in
accordance with applicable City standards. All improvements
within State Highway 74 right-of-way shall be in accordance
with Caltrans standards.
(6) Improvement plans for water and sewer systems shall be
approved by the respective service districts with "as -built"
plans submitted to the Department of Public Works prior Lo
project final.
(7) Improvement plans for all improvements, public and private,
shall be reviewed and approved by the Public Works
fepartment. The installation of such improvements shall be
inspected by the Public Works Department and a standard
inspection fee shall be paid prior to issuance of grading
permits.'
(B) Landscaping maintenance on State Highway 74 frontage shall be
provided through a property owners association. Applicant
shall be responsible for executing a declaration oL
Conditions, Covenants and Restrictions, which declaration
shall be approved by the City of Palm Desert and recorded with
the County Recorder. The declaration shall specify: (a) the
applicant shall oversee the formation of a property owners
association; (b) the property owners association shall be
formed prior -to the recordation of the final map; and (c) the
aforementioned landscaping maintenance shall be the
responsibility of the property owners association.
(9) As required under Palm Desert Municipal Code Section 26.28,
and in accordance with Sections 26.40 and 26.44, complete
improvement plans and specifications shall be submitted to the
Director of Public Works for checking approval before
construction of any improvements is commenced. Offsite
improvement plans for all improvements within existing and
proposed public rights -of -way to be approved by the Public
Works Department and a surety posted to guarantee the
installation of required offsite improvements prior to
recordation of final map. Such offsite improvements shall
include, but not be limited to, curb and gutter, asphalt
paving and concrete sidewalk in an appropriate size and
configuration and provisions for deceleration/acceleration
lanes at project entry points. "As -built" plans shall be
submitted to, and approved by, the Director of Public Works
prior to the acceptance of the improvements by the City of
Palm Desert.
(10) Waive.• of access to State Highway 74 except at approved
locations shall be granted on the Final Map.
(11) In accordance with Palm Desert Municipal Code Section 26.44,
complete grading plans and specifications shall be submitted
to the Director of Public Works for checking and approval
prior to issuance of any permits.
EXHIBIT C
(12) As required by Sections 26.32 and 26.40 of the Palm Desert
Municipal Code, and in accordance with the Circulation Network
of the City's General Plan, dedication of hal,i'-street right
of -way at S5 feet on State Highway 74 shall be provided on
the final map.
(13) As required under Section 12.16 and 26.44 of the Palm Desert
Municipal Code, any existing overhead utilities shall be
placed underground per each respective utility districts
recommendation. If such undergrounding is determined to be
unfeasible by the City and the respective utility districts,
applicant shall agree to participate in any future utility
undergrounding district.
(14) Traffic safety striping on State Highway 74 shall be
provided to the specifications of the Director of Public
Works and Caltrans. A traffic control plan must be submitted
to, and approved by, the Director of Public Works and
Caltrans prior to the placement of any pavement markings.
(15) Full improvements of interior streets based on residential
street standards in accordance with Section 26.40 of the Palm
Desert Municipal Code shall be provided. Proposed interior
street sections shall be subject to review and approval in
conjunction with tentative tract map applications. Those
areas to be designated as "Emergency Access Road" shall be
designed to the satisfaction of the Fire Marshall and the
Director of Public Works.
(16) Complete tract maps shall be submitted as required by
ordinance to the Director of Public Works for checking and
approval prior to the issuance of any permits associated with
this project.
(17) Any and all offsite improvements shall be preceded by the
approval of plans and the issuance of valid encroachment
permits by the Department of Public Works and Caltrans, as
applicable.
(18) A complete preliminary soils investigation, conducted by a
registered soils engineer, shall be submitted to, and approved
by, the Department of Public Works prior to the issuance of
any permits associated with this project.
(19) Proposed building pad elevations are subject to review and
modification in accordance with Chapter 27 of the Palm Desert
Municipal Code.
(20) All required offsite improvements for this project shall be
installed in conjunction with the first phase of development.
(21) Sitc .access, with respect to size, location and number,
shall be subject Lc review and approval by the Department of
Public. Works and Caltrans.
EXHIBIT C
Cw1 Di: Li1f ur rMLM ucacn1,
J-IC-D/ IJ:34;
01DJ41/Uytl �>
IOU CUL i ; Yc
(22) Applicant shall provide a phasing plan which specifies the
project construction activity with respect to on-site/off-$iLe
infrastructure improvements as well as possible final map
filing.
(23) Provision for the continuation of any existing access rights
which tttay be affected by this project shall be included as a
part of the final map process.
(24) Applicant shall comply with the provisions of Palm Desert
Municipal Code Section 12.12, Fugitive Dust Control.
(2S) The project shall be subject to Transportation Uniform
Mitigation Fccs (TUMF) . Payment of eaici fees shall be at the
timc of building permit issuance.
(26) Prior to start of construction, the applicant shall submit
satisfactory evidence to the Director of Public Works of
intended compliance with current and subsequent National
Pollutant Discharge Elimination System General Permits (Permit
# CAS000002) for storm water discharges associated with
construction activity.
O iL
RICHARD J. FOLKftS, P.E.
l .1...pslehecrecc,rnai
EXHIBIT C
1 I+Leve VLJ L. 11 1
../' IL'JI IJ .J., VIJJ�I IUJU —
uv GUC. I GJJ ffJ, O
l(II Ens%D r.lr
JAMES M. WRICI IT
Acting fire Chicf
w
RIVERSIDE COUNTY
FIRE DEPARTMENT
210 WEST SAN JACINTO AVENUE • PERRIS. CALIFORNIA 92570 - (909) 940•6900
May 1, 1997
To: Phil Joy
Ref: The Crest
The following conditions ao lv to theproje4t:
1. With respect to the conditions of approval regarding the above referenced plan check,
the Fire Department recommends the following fire protection measures be provided in
accordance with City Municipal Codes, appropriate NFPA Standards, CFC, CBC, and/or
recognized Fire Protection Standards.
The Fire Department is required to set a minimum fire flow for the remodel or construction of all
commercial buildings per Califomia Fire Code Sec. 10.401.
2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be
available before arty combustible materials are placed on the job site.
Provide. or show there exists, a water system capable of providing a potential gallon per minute
flow of:
a) 1500 gpm for single family structure.
The actual fire flow available from any one hydrant connected to any given water main shall be
1500 gpm for a two hour duration at 20 psi residual operating pressure_
4. The required fire flow shall be available from a Super hydrant(s) (6" x 4" is 2-1 /2" x 2-1 /2"), located
not less than 25' nor more than:
a) 200' from single family structure.
Distances shall cover all portions of the building(s) as measured along approved vehicular travel
ways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type.
5_ Provide written certification from the appropriate water company having jurisdiction that hydrant(s)
will be installed and will produce the required fire flow, or arrange for a field inspection by the Fire
Department prior to scheduling for a final inspection.
6. Prior to the application for a building permit, the developer shall fumish the original and two copies
of the water system plan to the County Fire Department for review. No building permit shall be
issued until the water system plan has been approved by the County Fire Chief. Upon approval,
1
EXHIBIT
_.4 I. uil l u� ..ui.l I, D-IIJ.O'+,
U 1 JJv 1 I V70 --
/OU GUG IL�7;
3`.:
Avow
Noy
the original will be returned. One copy will be sent to the responsible inspecting authority.
Plans shall conform to fire hydrant types, location and spacing, and the system shall meet the fire
flow requirements. Plans shall be signed by a Registered Civil Engineer or may be signed by the
local water company with the following certification: "I certify that the design of the water system
is in accordance with the requirements prescribed by the Riverside County Fire Department. The
system has been designed to provide a minimum flow of 1500 gallons per minute."
7. The required fire flow may be adjusted at a later point in the permit process to reflect changes in
design, construction type, area separations, or built-in fire protection measures such as a fully fire
sprinklered building.
8. Certain designated areas will be required to be maintained as fire lanes and shall be clearly
marked by painting and/or signs as approved by the Fire Marshal. Painted fire lanes and/or signs
shall be stenciled or posted every 30' with the following:
a) No Parking Fire Lane - PDMC 15.16.090
9. All buildings shall be accessible by an all-weather roadway extending to wtthin 150' of all portions
of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed
width and 13'6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36'
wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of
150' shall be provided with a minimum 45' radius tum around (55' in industrial developments).
Fountains or garden islands placed in the middle of these tum-grounds shall not exceed a 5'
radius or 10' diameter. City standards may be more restrictive.
10. Whenever access into private property is controlled through use of gates, barriers, guard houses
or similar means, provision shall be made to facilitate access by emergency vehicles in a manner
approved by the Fire Department. All controlled access devices that are power operated shall
have a Knox Box over -ride system capable of opening the gate when activated by a special key
located in emergency vehicles. Devices shall be equipped with backup power facilities to operate
in the event of power failure. All controlled access devices that are not power operated shall also
be approved by the Fire Department. Minimum opening width shall be 16' with a minimum
vertical clearance of 13'6".
11. A dead end single access over 500' in length will require a secondary access, sprinklers or other
mitigative measure approved by the Fire Marshal. Under no circumstances shall a single dead
end access over 1300 feet be accepted.
12. A second access is required. This can be accomplished by two main access points from a main
roadway or an emergency gated access into an adjoining development.
13. All new residences/dwelling are required to have illuminated residential addresses meeting both
City and Fire Department approval. Shake shingle roofs are no longer permitted in the Cities of
Indian Welts, Rancho Mirage or Palm Desert.
2
EXHIBIT C
JGv I O 1 . \.l I I oar 1 .+..m vcJcfl 1,
UIOJ,IIU7O --
/OU LUL
trate
15.
Nutsf
14. Conditions subject to change with adoption of new codes, ordinances, laws or when building
permits are not obtained within twelve months.
These conditions apply for single family detached dwellings. If a club house over 3000 square
feet is planned it will require a tire sprinkler system , fire alarm system , a 3000 g.p.m. fire flow
and closer fire hydrant spacing.
All questions regarding the meaning of these conditions should be referred to the Coves Fire
Marshal's Office at (619) 346-1870, located at 70-801 Highway 111, Rancho Mirage, CA 92270.
(Rancho Mirage Fire Station #1)
Sincerely,
Mike Harris
Chief
'r C cQ^-r.lJa
by Mike McConnell
Coves Fire Marshal
3
EXHTRTm n.
PLANNING COMMISSION RESOLUTION NO. 1812
THE
Ai
PALM DESERT
A P! \ I P I ED C »'AMJ P I iTt DEVELOP/Napa
HILLSIDE SIDE Pl -A, I, IED kEsuDE rrlAL
(Jr/ Jr PALM DESEKL CA ! E R I IA •
'rr!
rusi
Ar
A tj\A D s E RT
A RAN pl Et C MMJ N l'TY DE /a! PMEl rr
HiasiDE MANNED RESIDEM1AL
art Jr PALM DESEM CALIFORNIA
TABLE OF CONTENTS
PROJECT SUMMARY
I. INTRODUCTION
A. Location and Legal Description 1
B. Project History and Current Status 2
C. Purpose of Report/Review and Approvals Required 3
II BASIS FOR PLANNING 5
A. Site Analysis and Character 5
III LAND USE 7
A. Development Plan Overview 7
B. Conceptual Land Use Plan 8
IV SITE DEVELOPMENT AND ESTATE RESIDENTIAL STANDARDS 13
A. Site Development Standards 13
B. Estate Residential Development Standards 32
C. Illustrative Development Plans 43
V DEFINITIONS 49
VI APPROVAL PROCESS AND IMPLEMENTATION 50
A. Purpose 50
B. Phase I Approval Process 50
C. Phase I Implementation 50
D. Phase II Approval Process 51
E. Phase II Implementation 51
F. Phase III Approval Process 52
G. Phase III Implementation 52
H. Phase IV Construction 52
I. Development Review Process 53
VII PLAN REVIEW REQUIREMENTS 54
A. Purpose 54
B. Site Development Plan Review 54
C. Site Development Plans Contents 54
D. Homesite Plan Review 55
E. Homesite Plan Contents 55
LIST OF EXHIBITS
Exhibit #
Page
1. Regional Map
2. Vicinity Map ii
3. Opportunities and Constraints Plan 6A
4. Land Use Summary 10
5. Deleted
6. Deleted
7. Conceptual Land Use Plan and Lot Line Layout Sections 25 and 31 11
8. Typical Homesite Layout 12
9. Water Master Plan 22
10. Sewer Plan -Alternate A 23
11. Landscape Master Plan 24
12. Project Entry Plan 25
13. Gated Entry Plan and Section 26
14. Site Development Plant List 27
15. Bridged Desert Wash Woodlands 28
16. Desert Wash Woodlands Plan and Section 29
17. Entry Monument Sign 30
18. Recreation Area 31
19. Typical Homesite Spacing 39
20. Building Height for Residential 40
21. Estate Residential Plant List 41
Illustrative Development Plans 44
22. Development Review Process 53
PROJECT SUMMARY
The Crest development is a 695-acre undeveloped piece of land located along the northeast
foothills of the San Jacinto Mountains immediately adjacent to Palm Desert, and south of
Rancho Mirage. The site is a hanging valley surrounded by higher ridges located above the
Pines -to -Palms Highway (SR-74). The site consists of the 640-acre Miller/Richards family
parcel (Property A) ,as well as five additional parcels (Property B) extending from the
southeastern corner of the main property to SR-74.
The Crest development plan will create a residential community that is sensitively designed
and responsive to Palm Desert's unique environment. The plan represents a collaborative effort
by the owner and consultant team to preserve the bighorn sheep habitat, minimize disturbance
of the existing terrain and limit the project's visual impact on neighboring communities. The
result of this effort is a development plan with a majority of the property dedicated to open
space and a proportionally small percentage of the property identified for single-family
homesites (see Land Use Summary Exhibit 4).
The desire to retain natural land forms was considered critical in the overall project design.
The portion of the project designated as "Open Space" (0.S.) will be dedicated to the City by
means of a parcel map. The area designated PCD/HPR will be the "Community Area" of the
property.
Based on a detailed analysis of the terrain, individual homesites were identified accordingly
and all drives and driveways have been aligned to minimize cut and fill by avoiding major
ravines, outcroppings and ridges. Our proposal is to have a maximum of 151 homesites.
The Conceptual Land Use Plan for The Crest as shown in Exhibit 7 is a schematic design that
illustrates the circulation/roads for the project and general development areas for the homesites.
Exhibit 7 shows the potential homesite locations the developable area. Additional exhibits are
included to illustrate the design elements that will be incorporated. The conceptual Homesite
Plan (Exhibit 8) illustrates how development will be restricted to a Minimum of 15,000 SF on
each lot with houses spaced at 150-200 feet apart (as measured from the homesite's
centerpoint). All of the land outside the homesite boundary will remain in its natural state.
The 695-acre project site has been designed as an integral part of the natural setting and
establishes a cohesive development that has its own special character as a "natural" desert
development. The Illustrative Development Plans set out on Exhibit 7 clearly defines this
commitment.
THE CREST
DEVELOPMENT TEAM
Land Owner
Miller/Richards Families
11750 Sorrento Valley Road, Suite 209
San Diego, Ca 92121
Ty Miller
(619) 481-7700 EXT 227
Development Consultant
The Geritz Group
1604 South Park Road
Jackson, Wyoming 83001
(307) 733-3559
Planners
SGPA Architects and Planners
1565 Hotel Circle South, Suite 200
San Diego, CA 92108
Estrada Land Planning
533 "F" Street, Suite 205
San Diego, CA 92101
Jeff J. Howard
(619) 236-0143
James A. Ragsdale AICP
Urban Planning & Design Consultant
5660 Beaumont Ave
La Jolla, CA 92037
(619) 551-5540
Engineering
S.B.O
3615 Kearny Villa Road, Suite 201
San Diego, CA 92123
Marty Byrne
(619) 560-1141
Coachella Valley Engineering
77-899 Wolf Road, Suite 106
Palm Desert, CA 92211
Bernard Zambrana. P.E.
(619) 360-4204
Landscape Architects
KTU+A
6165 Greenwich Drive, Suite 200
San Diego, CA 92122
Laura Graul
(619) 454 2828
Attorney
Paul Seltzer
69844 Highway 111
Suite K
Rancho Mirage, CA 92270
(760) 202-1390
LOCATION AND LEGAL DESCRIPTION
The Crest development is a 695-acre undeveloped piece ofland located along the northeast
foothills ofthe SanJacinto Mountains immediately adjacent to PalmDesert, and south of
Rancho Mirage. The site is on an easterly spur ridge ofthe mountains and faces south and east
above the Pines -to -Palms Highway (SR-74). The site consists ofthe 640-acre Miller/Richards
family parcel (Property A), as well as five additional parcels (PropertyB) extending from the
southeastern corner ofthe main property to SR-74 (1-Bertrand, 2-Bertrand & Beckendorf, 2-
Farber& Solomon).
The legal description ofthese properties is as follows:
• Property A
Section 25, Township 5 South, Range 5 East, San Bernardino Base and Meridian, in the
County ofRiverside, State ofCalifornia.
• Property B
A portion of the North 1/2 of Government Lot 1, and North 1/2 of Government Lot 2, in the
Northwest 1/4 of Section 31, Township 5 South, Range 6 East, San Bernardino Base and
Meridian, in the County ofRiverside, State ofCalifornia.
B. PROJECT HISTORY AND CURRENT STATUS
Amajor portion ofthe property (Property A) has been held for development by the Miller/
Richards family for nearly seventy years, and has remained vacant since its acquisition. Recent
feasibility studies have been conducted for the land in order to determine the appropriate use
based on environmental considerations, market conditions, the surrounding neighborhood, and
preferences ofboth the City ofPalm Desert and the property owner for the most desirable use
ofthe site.
The County ofRiverside General Plan designates the northern and western portions ofProperty
Aas "Mountain", which essentially is a resource -protection classification in recognition ofthe
hilly nature ofthe land and its adjacency to bighorn sheep habitat areas protected by the Bureau
ofLandManagement (BLM). The southeast quadrant ofthispropertyis substantially flatter and
designated Residential-4.
1
The Riverside County General Plan designations were based in part on a resource
classification system utilized by the BLM and State Fish and Game to determine the
bighorn sheep habitat value of the Santa Rose Mountains (see E.I.R. Sch 9102103 and
City Resolution 92-110). The following classifications are listed in order of habitat value:
1.) Vital to bighorn sheep; 2.) Primary importance; 3.) Secondary importance; and 4.)
zone of deficiency. The portion of Property A designated as Mountain on the General
Plan corresponds with the Bureau of Land Management's classification of "secondary
importance;" the southeast quadrant has been classified as a "zone of deficiency" which
corresponds with the designation of Residential-4.
The existing W-2 Zone for Property A and its size would require the preparation of a
Specific Plan using a slope analysis (H.P.R. method) and environmental constraints
analysis as required by the City of Palm Desert. The allowable density for Property A in
the county of Riverside based on this analysis would be similar to that allowed in the City
of Palm Desert.
Although the Miller/Richards property (Property A) is currently under the jurisdiction of
the County of Riverside, it is within the sphere of influence of the City of Palm Desert due
to access, location of services, and its geographic relationship to the community. Property
A has no Land Use Designation in the City's General Plan. Property B is within the City
of Palm Desert and the General Plan designates the project site as H.P.R. in
acknowledgment of the rugged terrain on the western side of the City,
Property to the east of Property A and north of Property B are designated in the City of
Palm Desert General Plan as H. P. R. The properties to the south of Property A and west
of Property B are designated as Very Low Density (1-3 units per acre) by the City of Palm
Desert General Plan. The physical characteristics of these properties are very similar to
the developable areas of Property A and B.
The County of Riverside's Local Agency Formation Commission (LAFCO) will be
required to act on the proposal for annexation of Property A to the City of Palm Desert.
A statement of concurrence from the County of Riverside, as well as the city of Palm
Desert is required. Because the property is currently vacant, and within the sphere of
influence of the City of Palm Desert, no controversy is anticipated over this action.
2
PURPOSE OF REPORT/REVIEW AND APPROVALS REQUIRED
The purpose ofthis document is to provide a comprehensive report for the approval ofThe
Crest as aPlanned CommunityDevelopmeflt!HillSide Planned Residential (P.C.D./H.P.R.).
When adopted by City ordinance as a P. C.D./H.P.R., it will establish the permitted types of
land use and their development standard. It will also establish criteriaforthe implementation of
roads, flood control, grading and utilities, and serve to protect and integrate open space areas.
The current status ofproperties comprising The Crest development is as follows:
Property A is currently under the jurisdiction ofthe County ofRiverside, but within the sphere of
influence ofthe City ofPalmDesert.
Property B parcels are already within the corporate limits ofthe City ofPalm Desert and zoned
H.P.R.
Thus, the actions requested will include:
Step 1- Prezoning Hearing at Planning Commission and City Council for Prop erty A
Rezoning Hearing for Property B
• E. I.R. for both Properties A and B
• General Plan Amendment (H.P.R. designation) for Property A
• P.C.D./H.P.R. (Rezoning) forPropertyB
• Prezoning Property A - P. C.D/H.P.R.
Step 2- Annexation hearing from LAFCO and approval for Property A.
Step 3- City Council hearing for final approval for Properties A and B.
• P.C.D./H.P.R. (Rezoning) for Property A
Step 4- Planning Commission and City Council approval Development Plan and
Tentative Map.
Based upon the proposed General Plan designation and the H.P.R. Slope Analysis for the
Miller/Richards the property would be allowed to be developed with a maximum of 151
dwelling units (See Appendix However, a significantly reduced density
range is being proposed based on project specific design criteria.
While the Planned Community District ordinance does not require the preparation ofsite design
guidelines, it is the Miller/Richards families' intent to create a high -quality estate -type residential
3
EXHIBIT 1 - REGIONAL MAP
i .' .k r.?• 1
..„.,, 1
1 1
o ■ t
1...* .0.
ill.
?�•
1. • ;,,i: ® ART t ' Y i' "�' oelulss a "II ~
s RaRCM0 1 ,,,
. i. .. 1 I ^�: .."1... .� / CnitL�, I cur I - - I I ,
III1:w ..,.X II 1 cactus oR Ap I _'t
+ .I s
SPt .0A
c wit mos.
1 »� u = 1 ' r�*I\L`" oR I 44TH ' a• .- i 1 ` AV 1 = Z
vi=. �.1: t.ki
7 sAxT♦ RosA •.a o
a 1 I emu 1ARR� NTAlp4 n ,.J 1g
_ `•mot = 3.
li ites
RANCHO ii.it,..
i, ,
rt( I Q;nml33'
•
I I I
'MIRAGE PROJECT SITE .\ b Y AS
RR,
I N,.. I
I I 1i/t,'
eF.
t
t
PROPERTY "A"
• -S, r 1 PROPERTY "B"
Reproduced with permission granted by
THOMAS BROS. MAPS. This map is
copyrighted by THOMAS BROS. MAPS.
It is unlawful to copy or reproduce all or
any part thereof, whether for personal use
or resale, without permission.
nlaR• j_te__Xj a L
larnmo
I i ••R•
• I..
F Tr 3' • I ' -•IAiIT
. .
, ,
...... ..-'14, ....,—.. • -
�(' 1i- ,.i.0.--. , 1 f 1 w'r`� ``1'•
5S
1 : :o.
... 1
L..MA
. w. 2600
I
EXHIBIT 2 VICINITY MAP
H
plan that will require a high degree ofdesign control for all homes and other design elements, in
order to preserve the integrity ofthe high desert setting. Therefore, this document has been
developed to describe the general design concept, designate the areas for various land uses and
residential densities on the site, and set forth the general design standards that will govern
development ofindividual homesites. An additional, more specific, design guidelines document
will be incorporated into the project's CC&Rs for use by individual homebuilders.
4
The magnitude ofthe planning effort for The Crest has required the consultant teamto evaluate
many ofthe natural characteristics ofthe project area and to determine the appropriate areas to
allow development. Consideration ofkey issues, as summarized in this chapter, are reflected in
the designs and development ofthe proposed community. (See Exhibit 3)
A SITE ANALYSIS AND CHARACTER
1. TopographicaUGeological/CurrentFeatures
TheMiller/Richards (Property A) forms a perfect square, rising some 1600 feet from
approximately 560 feet mean -sea -level (MSL) in the southeast portion ofthe site to 2200
MSL at the northwest. The propertythus forms a hidden valley, with views from the larger
Coachella Valley floor below protected by ridges on the east. These ridges, along with an
uneven valley floor, create a series of sheltered bowls which are not visible from the valley
floor, and provide a private backdrop for homesites. Property B, the somewhat triangular -
shaped site is generally flatter than Property A and rises approximately 300 feet in a westerly
direction.
The terrain ofboth sites is quite rugged, featuring rocks which vary in size from sand and
small stones to large, jagged boulders. Property Ahas numerous, significant "rock
chimneys", primarily located in the central portion of the site; while Property B has many
significant rock outcroppings.
Currently, a dirt road originating at Highway 74 extends through Property B and will be
replaced by The Crest' s entry drive in conjunction with infrastructure improvements for the
development.
2. Drainage Patterns
The Crest has a multitude of natural drainage courses traversing the site in a southeasterly
pattern. The majority ofthe streams are considered tributaries which lead to the Ramon
Creek drainage course. This Ramon watershed eventually spills into the Palm Valley
Stormwater Channel, located adjacent to the site along the eastern boundary.
5'
0
0
C
z
_1
m
U)
Z
n
0
cn
cn
Z
-v
r
z
0 g
017(
y
•
•••1
•
,i
c)m
zE5
c
cn
0
• ••„_
i , •;
x r' ,---te..- 1 A cn
r
m
ccn m
00'
xm ••
II''' '''''' LUL..IUOq..I. Gmt,n,
m
Om 1
r MO
D ` m'
mm mZ
n-I
D.-1D
r
3)13
Do
-<
P/N,
c�
.<m
m
m�
0)
0
m
mnuramiumanizzimattractic
Pq
Wq
•
•
. J,
•
3. Views
A primary concern ofthe City was the ability ofthe community below to view the project
from the City ofPalm Desert (or the valley floor). There are a series ofridges on the easterly
portion ofthe site that obstruct views ofthe project from the City and it was determined that
no homesites should be located on these ridges. Views from the project to the southeast and
southwest are dramatic. Orientation to capture these views will be considered when
determining homesite locations.
4. Biological Character
The site has a variety offauna that are typical ofthe high desert environment. As previously
mentioned, the bighorn sheep are significantly represented on Property A in the area
proposed for preservation as open space. In addition, this seemingly sparse environment
provides a habitat for coyotes, small foxes, cottontail rabbits, reptiles and birds ofprey.
Currently, the extremely rocky site has vegetation predominately associated with the Sonoran
Creosote bush scrub plant communities. Care will be given to the protection and/or the
relocation ofall significant plant material, in particular the barrel cactus that are located within
the developable area.
6
III. LAND USE
A DEVELOPMENT PLAN OVERVIEW
The Crest development plan will create a residential community that is sensitively
designed and responsive to Palm Desert's unique environment. The plan represents a
collaborative effort by the owner and consultant team to preserve the bighorn sheep
habitat, minimized disturbance of the existing terrain and limit the project's visual impact
on neighboring communities. The result of this effort is a development plan with a
majority of the property dedicated to open space and a proportionally small percentage of
the property identified for single-family homesites. The Crest has also been designed to
be as inconspicuous as possible by situating the majority of homesites between ridges and
arroyos and dedicating the most visible portions of the site to permanent open space.
Evaluating the site's opportunities and constraints was the first step of the planning
process. The ultimate determination of where buildable sites would occur within the
development was based on a site specific analysis. All developable "Homesites" will be
carefully sited in response to topographic constraints and potential for views and privacy.
The desire to retain natural land forms was considered critical in the overall project
design and consistent with the City's Hillside Planned Residential (HPR)guidelines. The
portion of the project designated as "Open Space"(O.S.) will be dedicated to the City by
means of a parcel map. The area designated PCD/HPR will be the"Community Area"of
the property. The City of Palm Desert HPR Zoning Ordinance has two options that may
be used to calculate the allowable density in the HPR district. The results of these
options were as follows:
Option I A:
Option I B:
Option 3:
199 Dwelling Units
259 Dwelling Units
257 Dwelling Units
It is our proposal to have no more than 151 homesites for The Crest. Based on a detailed
analysis of the terrain, individual homesites were identified accordingly and all drives and
driveways have been aligned to minimize cut and fill by avoiding major ravines,
outcroppings and ridges. The identification of individual homesites is the process for
Option 3 in the HPR district ordinance.
7
B. CONCEPTUAL LAND USE PLAN
The Conceptual Land Use plan for The Crest as shown in Exhibit 7 is a schematic design
that illustrates the circulation/roads for the project and general development areas for the
home sites. Exhibit 7 shows the potential homesite locations within the developable area.
The 695 acre project site has been designed as an integral part of the natural setting and
establishes a cohesive development that has its own special character, unique to the Palm
Desert area.
As illustrated in Exhibit 7, the plans provide for the following components:
A circulation/road system that winds its way through the project, designed to
minimize the grading necessary for its construction.
A Recreational Open Space area that has been incorporated for exclusive use by
The Crest residents and their visitors.
Home sites located to maximize view potential and minimize their impact on the
natural environment and adjacent community.
• A gated project entry designed to provide security and serve as an arrival
statement for members of the community and their visitors.
• "Desert Wash Woodlands", developed as landscape areas, to provide dramatic
accents to the natural drainage courses flowing through the project.
• Open Space areas that are dedicated to either the City or The Crest community
comprising approximately ninety-one percent (91%) of the project acreage.
8
1. Circulation The circulation system for The Crest project will consist of an network of private
roads with the following classifications:
a. Entry Road
Access to the development from Highway 74 will be provided by a singular entry drive,
primarily following the existing dirt road, and will climb the foothills to provide a gated
and dramatic entrance to The Crest development. The road will then proceed up the hill
in a gently winding pattern to the Recreation Area and connect with the Community
Road system. The paved roadway will be designed to match the existing access road
with a turnout provided adjacent to the Gated Entry.
b. Community Road
The Entry Road will transition to the Community Road, creating a loop through the
central portion of the project. Three additional loops will connect with the Community
Road to serve the easterly and westerly portions of the project site. Small bridges will
be used to span major drainage courses to minimize grading where feasible. Cul-de-
sacs will provide additional access to parcels which are difficult to reach due to
topographic constraints.
c. Private Drive
Private drives, consisting of paved driveways will be constructed to provide access to
individual homesites from the Community Road system.
d. Emergency Drive
An emergency access drive will be provided in the southwesterly portion of the project
as an extension of the project's Community Road network to allow for emergency
ingress and egress. The emergency access road will not be used for a construction or
service entry. The emergency access shall be secured by a card gate or lock. The only
through traffic flow to be allowed will be those (3) properties that the emergency access
actually crosses.
2. Entries
Two project entries are proposed for The Crest:
a. Pines to Palms Entry - located directly off Highway 74. This entry will have a specific
landscape treatment that is clearly identifiable from the highway.
9
THE CREST/ PALM DESERT
Land Use Summary
% of Total
Site Area
0
O
oi0)
0
CV
(D
co
-
o
a)
CD
0
coO)
00
24.4% II
7.5%
0.2%
32.1%1I
0
0
O
0
O
00
Acreage +/-
410.30
co
co
M
O
a
N
O
(D
co
O)
•-
N.
Q)
r
52.00
O
ti
—
223.47
CO
coU)
t0
@7
t0
~
tC
Section 31
o
O
r-
M'O
O?
CD
N
co
0
O
27.90
O)
a
O
er
tth
air
53.2
Section 25
410.30
O
M
O
OT
O
55.70 I
150.70
O
N
1.70
176.50
0 0
co
55.70
642.5
Description
(Dedicated Open Space
Community Area
Developed Area
IHomesites (151 Units/ Average of 12,500 SF) (1)
Roads (Entry Road Comunity Road & Cul-de-sacs)
Private Drives (Driveways)
Total Developed Area
II Open Space
Residential Open Space Easement (Estimate)
Desert Park
Recreational Open Space
I� Total Community Area Open Space
IITOTAL OPEN SPACE
(Dedicated Open Space , Community Area Open Space)
1TOTALDEVELOPEDAREA
((Homesites, Roads, Private Drives)
ITOTAL SITE AREA
10
EXHIBIT 4
�bri
Lxi
IWMtiNteMieril
ri
r••c•tiw.
,
1 OW
b r
0
Ro
tzl
� &WM
l
1
4.7:03/71/ losmosil
.
'°�' °°a
Y
1
e
5 ,,.M. .N. ,,,,, ,
A ( ) ? r•,•"#A. ,...01 _,.? '
.��
,2001
•
•
tita
'4O
•
es•AA'
J
•
READEPITIAL OPEN
EASNRNT
TH5 90[nOw os T14 TOT IM.P01 E OU9570Q 06 THE
HOWSE A19A AA'D MST Tea AS NATIAAS MSST=
1
ACCESSORY SrTE
A SROtC LOC. 1 '1 WRH41 (AOl R2321HD(1W TOT
`AO2Q1 WOULD 91 COME Of AO[06.00 T1MG NN
ALS135OR9 19.
OURONG ENVELOPE
TIE ARIA WITHIN nit HOMIT9TE `Mf I%
THE 5/401C MOUE Wit Tff LOGAN°.
97 PR3V611 DRIVE
TH aAV. THAT W41 COI`CQCT TO TtQ
fiECIE4TVd RCN TT$ COWUNITY MAO
599E %9L QL WIP6ED SMIL41131r 01ECoae
T E DCOwil5TTE
2' avo..bAliary ROAD
HO EEETE BOL M:ARV
A@ 9T6i vDRTHDP S Of UCH 10? WTH14N w Gl
AIL IMPROVEMINTS WLL @ 10C1aYlICA
A(E THE PaaTIONS 0 e%T9 tOTIA4R41,1
WDST)1 ALL p$1:7100 HITS W?L •
LOCATE!
PESCENTIAL LOT
sOFE MR( AREA
Tfi A6E1 OG1TZ ThE KIMESITE
201:4241EV WNW BON RAta5
AND bA ST [! R1V12 AtldD
AWI503112)@e THE 9Sf3T PZRE J SLAM
Fared AREA
TTH4 04909111M CONS wiTelra TTff
T ROM EPaYBOTT MICH 6 HOT tlSIIk
N4,±e ASHACarr P9CMl94E. STTIEVS
A}R / OR Mott SfOR$
TRA145EntAi AREA
-TDE O IMTTRB THE
icOilESTI2 ViRRIZIME ROWE&7e&
MICIEN9VIA4, 0701 Slot¢ EA.�dC Are
TKE Vtali OF TE ONEEPCE OR
GAIEEST4 YeelLS 04 TTE H118LNC9
SLOPE RANK AMA
714E AAA OUTTT6( Ob 'TER mzuveRaTti
E0111.404 R, WHERE 519T'E ticsa ARE
PERSWTTEIR MU MUST RE REWWRD Ail$
foreovon T92 CIEST EiVEW 60452
TYPICAL HOMESITE LAYOUT
12 EXHIBIT 8
,o.oE1152Ef
REWIENT9At OPEN
THE PorTlO 1 OF T46 LOT 1/4204 S CUJTsa OF TIME
HdOP6914 ARA APO LabT LB:Ais AS wiTtlaAi OL81V
ACCIESM sat
A $FC ESC IOCAUDN NATFm1( l @Sffi1Nd EDT
WBOCH wOLID 61 UMW Of ACCOaffiromNG /Jd
ACCESSare Lim.
RIZIA G BWElDPE
THE AMA W7THW TVS H TE'Mfl1S
T146 9SiFC STILILTTUIT2 Wfl1 QI EOCAT81
12' RAPE DOW
T4& OEtWit TRAT MAl CON4CT TO T4Q
REEBEdNd ROM Toe OammUISTY 600D
24' COmm12,4TY WAO
AST RDIETTONS Os aALN KR 14NTtEV WiE34
Adl NEZIKNamiNTS WILL @ [OC166.
r4owAESITE soT 4CLARY
AfE THE POSfTOHB 0T Elt4lOT WESBaL!
VASOI ALL NoLISSYS430S WL1 •
LOCATE!
31LIFE BA4A AREA
PFE PEA OLJTALX OF /14 ^e@WESiE
SOflDdlROg M6GRE S CIFE SAKES ARE
1162 M@ LIKE BF REMEWE6 ✓deD
AW6131,60 @Y TT* CHEST EaWESS SOPOIL
PUPATE AREA
1St TICTalir: CONSUMED W llgia 11ff
Ji@A AZaf:INT aWOvSlOtES. MEETS
ape / C9 PUMiC SIMIE.
IRAr15 RIOMAIL AREA
78E Pffi1E6T7 COH Nd WETIEO TTE
I a0P.65374 YA4Oi0 LEI HE WON 7E4
(Noma Owe SIIIQQ EA9WS6L' !LtIP
TfAz welt OF T4E GCB
Cdwas'd bV11LS OF THE SIRDENO Ow
WIRE RAM AAA
THE AAA OLITML Of YT$ MONISM
E OLNL Pf WH SE: S!Orf ®lPR5 ARE
PERhaTTETL AMC) P66T SE ELEYEEWEL AisEC
afistoksp Ov SKI 06ST REVIEW SOAsia
TYPICAL HOME S l{ T E LAYOUT
12 EXHIBIT 8
IV. SITE DEVELOPMENT AND ESTATE
RESIDENTIAL STANDARDS
A. SITE DEVELOPMENT STANDARDS
1.The site development standards outlined in this section address improvements that will
be implemented by the Master Developer during the initial stages of development. These
improvements shall include the installation of utility systems, landscaping, signage and
lighting.
a. Entry Road -A 24 foot wide paved road with a 30 foot graded section.
b. Community Road - 24 foot wide paved road with a 30 foot graded section.
c. Cul-de-Sac - A 20 foot wide paved road with a 26 foot graded section.
d. Private Drive - 12 foot wide paved road,
2. Public Services and Facilities
a. Utilities
The project lies within the franchise service boundaries of the following utility
companies:
Southern California Edison;
Southern California Gas; and
GTE telephone
Cable T. V. (Company)
These companies were consulted during the early planning of the project to allow
ample time for each one to forecast the project's long-range utility needs.
Utility companies are obligated to serve new customers under the adopted policies,
rules, and rate schedules of the California Public Utilities Commission(P.U.C.).
Costs for necessary utility extensions will be born either by the respective company
or by the Master Developer. The City will not bear any of this expense.
To avoid overhead clutter and preserve the beauty of the site, new utility lines
within the project will be placed underground wherever practicable. Utility
extensions will be closely coordinated with the phasing of home construction to
ensure the economical and operationally efficient expansion of the overall system.
For instance, the four utility companies will be encouraged to utilize common
trench and fights -of -way to minimize cost and community disruption. Also,
transformer and other"hardware"vaults will be located for maximum convenience
and painted to minimize the aesthetic impact on residences and streetscapes.
13
b. Water Supply (Exhibit 9)
The water system being proposed for The Crest consists of two pressure zones, two
pumping stations, and two storage reservoirs. The reservoirs will be located in the
northwest comer of the project. (See Exhibit 9). The "1240 Reservoir" is a. 5
million gallon storage tank which will encroach into the dedicated open space area
and will be 24' in height and 65' in diameter. The "1140 Reservoir" is a one million
gallon tank facility and will be located in the developable area and will be 24' in
height and 90' in diameter. Tanks will be sited to minimize their visual impact and
will be painted per the surrounding terrain. After installation ,it is proposed that all
visible"scars"will be restored using simulated "desert varnish"or spray on rock
staining process to camouflage any disturbance. A 24' wide service road will be
provided in order to construct and maintain the two reservoirs. All water mains will
be within the proposed roadways and/or cul-de-sacs in order to minimize excessive
trenching and grading.
c. Sewer System (Exhibit 10)
The sewer system is a combination gravity and forced sewer system. Pumps are
used in this system in order to contain the system within the project boundary and
also eliminate excessive trenching or boring depths. Where sewer lines cross major
drainage courses, a concrete bridge will be used to allow for pipes to be protected
and to minimize trenching and/or boring depths (See Exhibit 25 in Appendix).
3. Grading/Drainage
a. Grading
All site grading has been approached with the desire to retain natural land forms by
avoiding major ravines, outcroppings and ridges. Roads and drives have therefore
been aligned and profiled (12% max grade) to minimize grading and aesthetic
impact on the site. Preliminary earthwork studies for circulation roads, private
driveways and building pads have shown 130,000 cy and 157,000 cy of raw cut and
fill, respectively, with a balanced earthwork condition occurring once street
subgrades, utility undercuts, raw cut swelling and removal and recompaction
shrinkage quantities are considered. It should also be noted that additional grading,
consisting of removal and recompaction, will be required for proposed circulation
roads and building pads that are located within the alluvial and debris flow areas.
Grading methods for these areas will be according to the Geotechnical Report in the
E.I.R appendices A- 1.
14
Where grading for roads is required ,it is proposed that slope banks shall not exceed
a 2:1 ratio. No slopes are required where cuts are adjacent to vertical rock
outcroppings that are stable. All visible"scars will be treated with "simulated desert
varnish" or spray on rock staining process to camouflage any disturbance. Cut
slopes shall be designed to blend in with the natural terrain.
b. Drainage
The site has a multitude of natural drainage courses. The majority of these drainage
courses are considered to be tributary to either the Ramon Creek Basin or the Bruce
Creek Basin. All major/drainage courses will be included into the open space
category of "Desert Park",as shown in Exhibit 7. Due to the project's minimum
grading approach, all drainage will continue to follow the existing natural drainage
courses which outlet into the Palm Valley Storm Water Channel. In areas where
proposed circulation roads cross existing natural drainage courses, pipe or box
culverts will be designed and constructed to minimize any ponding and insure the
continuation of flow along its natural course. Bridges will also be used when
proposed circulation roads cross the main drainage courses ,thus further minimizing
any impact on the natural drainage pattern (See Exhibit 24 in Appendix). All street
and lot drainage should be directed to follow existing natural drainage courses.
4. Landscaping(Exhibit 11)
Landscape Master Plan
With the goal of the Crest development plan being the creation of a residential
community that is sensitively designed and responsive to its unique environment, it
is crucial that the landscape development complement and further this goal (See
Exhibit 11). The landscape design for the project can significantly affect the
public's perception of the Crest. Specifically, the three major areas of landscape
development, as shown on the Landscape
Master Plan will be:
Entries (Exhibit 12)
Streetscapes
Desert Wash Woodlands
(See Exhibits 11- 13)
15
a. Entries
Pines to Palms Entry (Exhibit 12)
TheCrest'sfirstimpressionwillbemadeattheproj ect' smainentrylocatedadj acentto the
Pines to Palms highway (Hwy. 74). Proposed features include specimen palm trees,
indigenous specimen shrubs and small trees, earth berming and entry
monumentation. This landscaped area will be permanently irrigated. Native shrubs
and trees shall be permitted per Exhibit 16.
Gated Entry (Exhibits 12 &13)
At the Gated Entry, located directly west of the Palm Valley Storm water Channel,
the landscape treatment continues the"Desert Wash Woodland" theme begun at the
Pines to Palms entry. The use of specimen palms combined with specimen shrubs
and small trees in a permanently irrigated landscape will accentuate and enhance the
gate house building and serve as the point of departure for all residents of and
visitors to The Crest. Native shrubs and trees shall be permitted per Exhibit 14.
b . Streetscape
Upon leaving the Gated Entry, one will travel along the gently -winding road system
into the heart of The Crest. One of the team's goals in the planning of the roadway
system is to retain natural land forms and to minimize the disturbance of the
existing terrain. Where grading is required, however, it is proposed that any
landscape scars be treated with a "simulated desert varnish" or spray -on rock
staining process to camouflage any disturbance. This treatment is desirable over the
planting of slopes which require high water usage ,resulting in richly -vegetated
slopes which are an anomaly in this environment.
Occasionally where a road becomes adjacent to a relatively level portion of the
existing terrain, the landscape in this area will been enhanced. This "desert
planting',as demonstrated through the use of local plant materials such as the Smoke
Tree, Palo Verde or Mesquite, will provide another landscape experience in addition
to the rugged rocky one which will dominate the development. See Exhibit 14 for
permitted plant material. These areas will be irrigated by means of an automatic
drip system providing necessary water to significant plants only leaving the
majority of the ground surface to remain "natural".
16
c. "Desert Wash Woodlands" (Exhibit 15 & 16)
The "Desert Wash Woodlands" is the main component of the Crest landscape
theme. There are numerous natural drainage courses which traverse the site. A
"Desert Wash Woodlands" will be developed wherever a major road crosses or
bridges over one of these drainage courses. Due to the presence of water in these
drainage courses sometimes real and sometimes implied - these "Desert Wash
Woodlands" will appear to have "sprung up", displaying themselves as a fertile
patch of green vegetation within a predominantly rocky terrain. Automatic drip
irrigation will be provided to enhance the viability of the plant materials. As with
the main"Desert Wash Woodlands" at the Gated Entry, specimen palm trees
together with other desert trees and shrubs, similar to those found at the Living
Desert Reserve ,will be the dominant plant materials. Exhibit 14 lists the permitted
plants for these areas.
5. Signage
A unified graphics and signage program will be prepared for all public areas within
The Crest development. The program will serve to direct visitors and residents, as
well as to provide a sense of orientation and relative place in the project.
a. Permanent
Entry monument signs (Exhibit 17)
The master developer will construct entry monument signs in the initial
phase of development. Design for the signs will follow and generally
conform with the elevation provided here.
Street and directional signs
Standard types of vehicular/pedestrian signs (street names, "stop", "yield",
etc.) will be grouped on common supports where possible to avoid visual
clutter.
The street signage must conform with local ordinances and the California
Vehicle Code. Proposals will be submitted for approval by the City
Engineer Department prior to the recordation of the final map.
17
b. Temporary
Marketing/Lot Identification Signs
A temporary sign program will conform to the City's sign program and will
be approved by the Planning Department prior to implementation.
6. Lighting
Lighting of the public areas within the project will be provided on three levels: street
lighting, pedestrian lighting and landscape lighting. All three levels will have no uplighting
or flood lighting to cause a"halo"effect and care will be taken to assure that no major light
sources will be seen from surrounding properties.
a. Street Lighting
All roads will utilize custom designed fight fixtures; specific designs, locations and
heights will be reviewed for illumination standards by the appropriate City
department.
b. Pedestrian Lighting
Walkways within landscape areas will be adequately lighted for safe nighttime
pedestrian traffic. A continuous level of . 5 foot candles will be used as a minimum
criterion. Pedestrian lighting fixtures will be of uniform design throughout the
project and will be selected to complement the architectural theme.
c. Accent Lighting
Select landscape features, rock formations, specimen trees and directional signage
will be highlighted throughout the project with power -saving fixtures. Lighting will
be selected to emphasize the informational and dramatic elements within the
landscape (monument signs, tree groupings and architectural features) rather than
uniform, flat fighting of the entire development.
18
7. Dedicated Open Space
a. Purpose
This area has been established for the preservation of open space and natural
resources, most notably, the bighorn sheep habitat. The intent of preserving this
area is to protect and dedicate resources with significant scenic ,natural, geological
or historical value. Within the Dedicated Open Space is an existing monument
(which will remain) as shown on the Conceptual Land Use Plan. The property
owner will retain an easement over, around and under the monument, within the
Dedicated Open Space for maintenance of the monument.
b. Uses Permitted
Only those uses which contribute to the preservation of existing natural
resources. The existing monument to be maintained in perpetuity.
Water reservoirs underground pipes and access roads to service development.
Communication transmission facilities.
c. Prohibited Uses
Vehicular use (including two -wheeled and four -wheeled, off -road vehicles)
Any physical improvements or structures except as expressly provided herein ,and
that which is necessary to allow for maintenance of the monument.
8. Desert Park
a. Purpose
This area has been established for the preservation of open space and existing
natural
resources within the developable project area.
b. Permitted Uses
Hiking trails
Shade structure
Benches
19
Underground utility facilities and equipment
c. Prohibited Uses
Vehicular use (including two -wheeled and four -wheeled, off -road vehicles).
9. Residential Open Space Easement
a. Purpose
This area has been established to provide for a continuation of the Community
Open
Space area within the boundaries of the Residential Lot.
b. Permitted Uses
Underground utilities, facilities and equipment
Hiking trails
Paths connecting Homesite to Homesite or Homesite to Accessory Site.
c. Prohibited Uses
Gasoline powered recreational vehicular use (including two -wheeled and four -
wheeled, off road vehicles).
10. Recreational Open Space
a. Purpose
This area has been established to provide a private recreational facility for The Crest
residents and their visitors.
b Permitted Uses
Private parks, recreational amenities (e.g.,tennis courts, swimming pools, spas, etc.).
Ancillary structures(i.e.,clubhouse and related facilities, cabana structures ,and
maintenance facilities).
20
c. Recreational Open Space shall conform to the Conceptual and Development
Plan, as approved by the City of Palm Desert.
Minimum Building Site Area- Per approved plan.
Maximum Building -Site Coverage -Not to exceed ten percent (10%) unless
otherwise provided for by an approved site plan or use permit.
Maximum Building Height - Two-story or 24 feet unless otherwise
approved by site plan or Use Permit. (Exhibit 20)
Minimum Dimensions - All buildings, structures and parking facilities shall
be set back a minimum of 20 feet from all property lines and any Private
Drive unless otherwise provided for by an approved site plan or permit.
21
N
N
0
0
A
0
0
0
m0
8
s
\I/
0
NV1d 1131SVW a31VM
. i,
,;
•� 1'r
;., • ^\h;.'J.
v ,
,'e"Illi•�rr�! ),
•
it
777
0
5
8
NI/
• 7
". - •
I - • • , "
' ••:',•t•V•,-/
••:'%! A X '!'!),
c•••,.••• '•••
•••
-//' •••..-' •
• , '. . . •-• - - -•••,./ ...
••.---.-„; J • . , .,-- ...4 /1 .
, /-' , 1.••• ,,,, '..• - ( ‘- • '-,.--.'------...7, .---•••• , di,
/- . --.../. 4 , . , , • l' — 7- -,_.y•--:-.-. , .., ,9,/, l,, /
./.. ' s ' .• `,) 7, , • , , 1 j
••••"? ;) ,- •
.•
' I •
•,-' ' ; •• •I ;'
'':'''/' .'...'...(:' ;\''...r.,,,''''',,,'(,..•,,, „,,,,,y,,„. 7\'',,, ('I'',•,Tii//'1,//;'":.':'..')',...,IL:'::._','ie:._.:'''I.',''I'',,,;.,''',.y,i.,'/:;:(.,./1:;j,':''';::;7,).,j/./•;,.-r:.,-,':_,.I.:ill,-,....'"r;,n,,;-r.....:...\::',s'\'',:'''f_':':.•'':.,,1'',''‘',,',.,.;'','('-: s.......‘''..''''': /-././''-'.1
\\ \-./.71'7//',>;),\::\jit..''',''','(',-,-.;' ,..:'•\',-:7:1'... ' ' / s\' -
. . '. ' I f ( • - II, .. - •,". / • • , ', ' ,',/,..- Z --.....,',.: • . i' , .„ ' .."((((r ''
/
' /ft(' )1'. ''' , ,-, , ;'• :•‘// Al. .1'?->/ ' .7 .-''k .17-=-2- ,n.' .',`--\ -..-/ \_)
.( • , -,,,,,,,,/,/,, , , „...,.,,,,,././// j.,/ r„,7-,„,,, -. / - , _, . . . \ \‘‘'...(.1.
' V'''; '''\ - .- --" -. ''' '-'e-'''''' •
. '. ' ---..' -'. '. '''' '. . ''' ",‘ '../j/' --. :-.„' Y /1
'" ''/2 '.• ' (:',7.:- -
I, 1 ' ' i' " .:s•
,,,,,• / , I / •-•.' ' ,:
..' ' ' // ) ,, •
/ ((lb- // - -4 .. ' • . '' • ' ' if 21 '' ''''::` ..1 ' s ,•1 ( •';!-• ','''
A '
/ • ;'ll '' 7/ l'-'-/ Yr— f''''.'''''''. ..4'''''..."'''''--------'(( ';''.% '''.. ''/' : ; (' .' ',/(>'\i (-- ( ' ' ./ J,!,1/ W 11))
4-,•:', ,?1(''Cl''`'''("••::'%..i;lai;-)7•1/1C1f/i/ lj'((il('''.C.(5::-..'///2//,'///ii,j- oirj',,),\,i'''',;( ('''''''''(;-,1,'-----*/;':',2:\\.\V
'1‘ ))111;', Y .),--%/42/.//,,r/vr--.:J.i,''',',:._til(///...4Vir'f,-(,.,:,-.;,. i• '.,‘, ..;;;;', , ,';' ,,,,,,,,,, 7-..„.,.- , ,-_/'
NIVVI 1:13M3S 301i0i
NMI II3M3S AllAVEID
11 116N 11641 ILA L. 1641 16.1 J a ammil boa
>1
Kr)
or,(,72,
(,)
rn
---i I
4
>f=
m
4 ks,
Z
70
70
rn
70
4
•••".
• , '?"..* •
.1\tt •
"k•
,
41:4-
•
•er.;,,,yrenria gr,..,,Avariesffs.,16-*L.emere.., —1•_.1C21
16.0 16. II., Lod
61
La
L
ZI. IMITIXR
CD,
qC3
0
r •
• 's
•
rn - 0
NZ m 1Dc) z
c zc m
r- >
rr;
Z
d
73
7 m
m
-3C)rn
rn Z
(7
� np
1 y 0 rn
0rn
» »
Z
0 I
i
,-i4'r\\
7
Nommeoll
SITE DEVELOPMENT PLANT LIST
Scientific Name
Main Entry I
Gated Entry
Streetscape
"Desert Wash
Woodland"
Common Name
Acacia greggii
•
•
•
•
Cat's Claw
Acacia farnesiana
•
•
Sweet Acacia
Agave deserti
•
•
•
Desert Agave
Agave vibnoriana
•
•
Octopus Agave
Ambrosia dumosa
•
•
•
Burrobush; White Bursage
Artemesia lcudoviciana
•
•
Silver Sagebrush
Atriplex canescens
•
•
Fourwing Saltbush
Calliandra eriophylla
•
•
'
•
Pink Fairy Duster
Cassia armata
•
•
•
Cassia
Cerddium fioridum
•
•
•
•
Palo Verde
Cerddium microphyllum
•
•
•
Foothills Palo Verde
Chilopsis linearis
•
•
•
Desert Willow
Echinocactus polycephalus (T)
•
•
•
Cottontop Cactus
Echinoceus engdmannii (T)
•
•
.•
Engelman's Hedgehog Cactus
Encelia farinosa
•
•
•
•
Brittlebush
Ferocactus acanthodes (T)
•
•
•
California Barrel Cactus
Fouquieria splendens
•
•
•
'
Ocotillo
Hyptis emoryi
•
•
•
•
Desert Lavender
Hoffmanseggia microphylla
•
•
•
Rushpea
Hymenoclea salsola
•
•
•
White Burrobush (Cheesebush)
Justicia californica
•
•
•
•
Chuparosa
Larrea tridentata
•
•
•
•
Creosote Bush
Leucophyllum frutescens
•
•
Texas Sage
Lysiloma thornbeii
•
•
Featherbush
Olneya tesota
•
•
•
Desert Ironwood
Opuntia bigelovii var. bigelovii (T)
•
•
•
Jumping (Teddy Bear) Cholla
Opuntia echinocarpa (T)
•
•
•
Silver Cholla
Opuntia ramasissima (T)
•
•
•
Diamond Cholla
Phacelia companularia
•
•
Desert Bluebells
Prosopis glandulasa var. torreyana
•
•
•
•
Honey Mesquite
Psorothamnus emoryi
•
•
•
•
Indigo Bush
Psorothamnus spinosus
•
•
•
•
Smoke Tree
Salazaria mexiaana
•
•
•
Paper -bag Bush
Salvia 'Allen Chickering'
•
•
Allen Chickering Sage
Salvia leucophylla
•
•
Purple Sage
Simmondsia chinensis
•
•
Jojoba
Tagetes kmmoni
•
•
Mountain Marigold
Tecoma stars
•
•
Yellow Bells
Vaquelinia californica
•
•
Arizona Rosewood
Washingtonia filifera
•
•
•
California Fan Palm
Note (1') indicates species to be transplanted
from on site wherever possible.
27
EXHIBIT 14
alma t 1 lamil jina
31111111111k`W
>1
rn
cal
r
_ Pr1
Z
C;
cJ m
,II(.11
0
rri
.0:6
'z
1
FIRIO
z
rm
,„..,. .„; . , , .,... .::14-. ; . •
•
•
ENTRY MONUMENT SIGN
30 EXHIBIT 17
— Soil ILA 6.111 ima 6.1111
•
rn
• r- Z
> v.)
Z rr13,
Z
-••
111
000'' F-7
•/to
-
• •_,
..4% • • ----
30
•
B. ESTATE RESIDENTIAL DEVELOPMENT STANDARDS
1. Site Development Standards
a. Purpose
The residential component of the Crest has been designated Estate Residential to allow
for development of single-family estates within the rugged terrain at the foot of the Santa
Rosa mountains. The estates will feature detached homes situated on large, irregularly
shaped lots a minimum of 20,000 SF. The following categories were established to define
the eight distinct components of Residential lots ( See Exhibit 8 ). Each lot will gain
access from either a Community Road or Private Drive.
• Homesite Boundary- is the portion of each lot within which all improvements must be
located. The Homesite Boundary acts as a limit beyond which no construction activity
may occur. An appropriate Homesite, Accessory Site and Private Drive will be
identified for each lot, based on natural features, views, relationships to adjacent
homesites and topography. It should also be noted that additional grading will be
required for Homesite and private drives that are located within the alluvial and debris
flow areas, Grading methods for the area will be according to the Geotechnical Report
in the E.I.R. appendices A-1.
Each Homesite will have an average area of 8000 - 15000 square feet, the square
footage does not include the area necessary for Private Drives. To ensure privacy
and reduce the developments visual impact on surrounding communities, an
approximate distance of one hundred fifty to two hundred feet (as measured from
the Homesites center point) will be used in the placement of each Homesite (See
Exhibit 21). However, when lots exceed 1 acre in size or are combined, the
Homesite Boundary may encompass more than 15,000 SF Homesite Boundary
when reviewed and approved, on an individual basis, by the Crest Review Board.
• Building Envelope- is the area within the Homesite boundaries where the specific
residence and private areas will be located.
• Transitional Area- is the property contained within the Homesite Boundary which
lies between the Residential Open Space Easement and the wall of the residence or
garden walls of the Building Envelop. The transitional area is the property visible
from the adjacent properties, streets and/or public spaces.
32
• Private Area- is the property contained within the Building Envelope which is
generally adjacent to the structure. The Private Areas will be screened from views
from the adjacent lots and designed to discourage native wildlife from feeding through
the use of walls or similar structures. Design guidelines for the Private Areas will be
the least restrictive allowing it to be developed as a mini oasis, featuring lush
landscaping, patios, pool areas, gardens or similar amenities. The Homesite
development plans shall be reviewed by the City of Palm Desert Staff for conformance
with these site development standards.
• Slope Bank Area -is the area outside of the Homesite Boundary where slope banks area
permitted. All slopes will not exceed a 3:1 ratio, and must be reviewed and approved
by the Crest Review Board.
• Accessory Site is a specific location within each Residential lot which would be
capable of accommodating an accessory use as indicated in the Estate Residential
Development Standards.
• Private Drive- is the drive that will connect to the residence from the Community
Road. This will be identified separately from the Homesite
• Residential Open Space Easement -the portion of the lot which is outside of the
Homesite and Private Drive area and is proposed to remain as natural desert.
Following approval by the Design Review Committee, the Owner will be required to
execute and record a Residential Open Space Easement for each residential lot. Utility,
drainage and hiking trail easements shall be permitted in the Residential Open Space
Easement Area. Any disturbed area shall be re -naturalized to minimize scarring per the
landscape standards defined in the "transitional area".
b. Residential Lot Size and Development Standards
• Lot Size shall not be less than 20,000 square
minimumbthdt40t
lesst of
feetin
and a minimum depth of 150 feet. Pie-shapedlot shall not
width at the property line and have minimum depth of 150 feet.
• As a result of negotiations between the City and the Developer, and at the request of
the City, eight dwelling units originally proposed to be developed on Property B
(Section 31) will now be developed on Property A (Section 25). Development of the
additional eight (8) lots on Property A may require deviations from City standards
either a set forth herein or as set forth in applicable laws and regulations of the City.
Therefore, the City recognizes and agrees that, if required to accommodate the eight
additional residential units on Property theA, the City will allow deviatios from additional lots on Property Ann such a City
standards sufficient to accommodate
fashion to be generally consistent with the overall character of the development.
Alternatively, at the sole discretion of the developer, the units may be developed on a
single site as a cluster development with a density on no greater than four (4) dwelling
units to the gross acre upon a location satisfactory to both the developerandof a
and theot that
provided however, that no clustering shall occur on any lot or any portion
o
is located within 300 feet of the southly property line of Section 25. .
33
c. Homesite and Accessory Site Area
• Homesite and Accessory Sites that are submitted in conformance with the Site
Development Plan will not be reviewed as to boundary or area ( See Chapter V, Plan
Review Requirements). Homesite and Accessory Sites will be designed, reviewed, and
approved in accordance with the provisions of this chapter and in accordance with
Chapter V Plan Review requirements.
• All building and improvements will be within the Homesite or Accessory Site
boundaries with the exception of the private drives, utility or drainage easements and
paths. See Exhibit 20 Typical homesite layout
• Lot Location and Spacing. The general spacing of the lots in Section 25 shall be as
shown on the Conceptual Development Plans. The specific locations of building sites
in Section 31 are shown. Minor modifications of the location of lot lines in Section 31
as a result of final design and engineering shall be permitted provided the maximum
number of lots or minimum lot sizes meet the requirements of this plan.
Property with 20% or less average slope
The average slope of the Homesite Area will be determined in accordance with the
applicable provision of Option Three of the HPR Ordinance as modified hereafter.
The land area and topography of geographic features such as ravines, rock chimneys,
creek beds, and other features creating abrupt changes in the general slope of the land
including those areas outside the building envelope which are to be preserved, are to be
deleted from the calculation of the average slope of the general homesite area. The land
area of such features shall not be included in calculating the minimum lot area.
• One-half Acre Lots (20,000 SF up to 30,000 SF ): Maximum homesite and accessory
site area. -10,000 square feet. Multiple sites may be utilized so long as the total
homesite area does not exceed 10,.000 square feet per half acre lot.
• Three-quarter Acre Lots (30,000 SF up to 43.560 SF) : Maximum homesite and
accessory site area. -15,000 square feet. Multiple sites may be utilized so long as the
total homesite area does not exceed 15,000 square feet per 3/4 acre lot.
• Lots one Acre or larger (43,560 SF or larger): If the combined area for the Homesite
and Accessory Site does not exceed 15,000 SF and its location and area are in
conformance to the Site Development Plan, no special review will be required.
However, Homesite and Accessory Site on one acre or larger may exceed 15,000 SF,
subject to review and approval of the Crest Review Board and the City of Palm Desert
Staff for conformance with the site development standards contained herein.
• Combined Lots: If two or more lots are combined into one lot, the homesite and
accessory site area allowed on the combined site shall be equal to the sum of the
homesite and accessory site area allowed on each of the individual lots. Specific
location and areas will be reviewed and approved by the Crest Review Board.
34
Property with greater than 20% slope:
The average shall be determined as set out above. The allowable homesite area shall be
determined in accordance with the applicable provisions of the HPR ordinance and the
provisions of this chapter.
Recreation Center: In the event that the recreation center shown on the Conceptual
Development Plan and Illustrative plans is not developed, the recreation site area may be
utilized as a residential lot or lots. A homesite or sites and accessory areas will be allowed
on the site.
d. Homesite-Uses Permitted
The following uses are allowed, if the use is contained within the designated Homesite area.
• One single family dwelling per lot.
• Accessory buildings including garages and storage sheds.
• Fences and walls subject to approval by the Design Review Committee.
• Swimming Pools.
• Tennis Courts
• House occupations in compliance with Chapter 75.66 of the Palm Desert Municipal
Code.
• Accessory guest dwellings or servant quarters in a detached building when area of lot is
more than one acre.
e. Accessory Site- Accessory Use Permitted
• Swimming pools and cabanas.
• Guest dwellings or servant quarters.
• Tennis Courts.
• Gazebos and Terraces
• Spas and Jacuzzi.
• Garages/carriage houses, fences, and walls will be allowed subject to the review of the
Crest Design Review Board and the City Staff for conformance with the site
development
standards.
f. Building Setbacks (measured from lot line to building envelope)
• Front yard 30-feet
• Side yard- 25 feet
• Corner side yard-20 feet
• Rear yard- 20 feet
g. Building Height
• Two-story maximum not to exceed 24 feet as measured from the grade adjacent to the
35
structure. (See Exhibit 20) .
• No more than one quarter(1 /4) of a structure shall be two stories in height in a
continuous plane.
h. Fences and Walls
• Materials and design shall conform to the project's CC&Rs and final Development Plan
approval by the City.
• Height shall conform to the City Zoning Code and requirements by the Fire Department
• No fence or wall shall be built outside the "building envelope" area
I. Parking
• Resident -a minimum of two (2) spaces within an enclosed garage
• Visitor -a minimum of one (1) space per unit shall be located within the lot's Building
Envelope.
• Parking spaces(s) must be a minimum of 20 feet from the front property line, and
tandem spaces are not permitted.
• Size of each parking space shall be a maximum of 9' wide by 20' long.
• On -street parking is prohibited.
j. Driveways
• Each lot and garage shall have direct access to either a Community Road or Private
Drive not less than 12 feet in width; no more than five (5) lots shall share one Private
Drive.
k. Landscaping
• Private Drives
The private drives, which allow access to individual Homesites from the community road
system, will be landscaped with local plant materials such as the Smoke Tree and Palo
Verde and with the majority of the area remaining natural and unplanted. Native shrubs and
trees shall be permitted per Exhibit 21.
• Transitional Areas
In the transitional areas, which are those areas within the Homesite but beyond the Building
Envelope, the goal is to recreate and enhance the existing landscape without introducing a
36
lush, green landscape non -indigenous to the area. Any landscape scars due to construction
damage shall be repaired using simulated desert varnish and or native plant materials.
Native shrubs and trees shall be permitted per Exhibit. 21 • Drip irrigation systems will be
used to encourage permanent plant growth.
• Private Areas
In the private areas, which area those portions contained within the Building Envelope but
not visible from public streets or adjacent properties, homeowners have the most flexibility
and freedom in the type of landscaping they may provide. A"mini-oasis" of lush, colorful
vegetation shall be permitted per Exhibit 21 within the walled -in patios and courtyards of
the Building Envelope. Plans requiring more Water are acceptable to a degree, and
permanent automatic irrigation system are required.
• Slope Bank Areas
The slope bank areas which are beyond the Homesite Boundary, will be treated similar to
the surrounding landscape and planted with local plant material. Any landscape scars due to
construction damage shall be repaired using "simulated desert varnish" and/or native plant
material as identified in Exhibit 21 under Transitional Areas.
1.. Building Design
• Form and scale
The buildings will generally have a low profile, which is intended to minimize the visual
impact. The buildings may be two stories high, but a continuous, two story plane of over
25% of the first floor will be unacceptable. It is intended that the residential units blend in
with the existing topography, and this can be accomplished by allowing for split-level
elevations on areas where the topography is extreme. Additional direction will be included
in design guidelines of the project's CC&Rs.
• Materials
Exterior surfaces must generally be of materials that harmonize with the natural landscape
and endure the desert temperature extremes. Natural stone, adobe, integral color concrete
block, painted slump block, or stucco should be the predominant exterior surfaces. Large
expanses of wood will not weather well in desert conditions and discouraged.
• Colors
Colors, including roof color, must be muted tones chosen to blend with the natural colors of
the mountains and viewed from a distance. Since the residences in The Crest may be
viewed from great distances, colors should be selected to blend, rather than contrast, with
the surrounding environment. Subdued accent colors may be used subject to approval on an
individual case basis. Recommended paint colors will be listed in the design guidelines of
the project's CC&Rs and in all instances, require review an approval by The Crest Design
37
Review Board.
2. Environmental Regulations
In cooperation with the Bighorn Sheep Institute, the Land Owner will prepare regulations in
a pamphlet that will describe the necessary means for the residents to coexist with the
area's bighorn sheep. These regulations will be updated periodically in order to
accommodate any new research or changes in the care of bighorn sheep and their habitat.
The following restrictions will be implemented in order to minimize the interaction
between the bighorn sheep and future residents:
• All non-native plant material will be planted behind private walls in order not to attract
bighorn sheep.
• All domestic animals will be contained within the private walls and/or residences. When
outside these areas they must be on leashes.
• Any type of water features, salt licks and/or feed that may attract bighorn sheep will not
be permitted.
• The CC&Rs for the project will contain all the necessary environmental regulations to
make them binding on the homeowners in perpetuity.
3 Design Guidelines
Specific design guidelines will be developed in conjunction with the project's CC&Rs, and
in all instances, will require review and approval by The Crest Review Board.
38
C)
• •
I I FirM1
- _ 4_ 1
•7
- "etiz —
" • '"?' >r
'04
' .•
A././4' •
ISA\
°Jaen"
' -•
\
1
c
, •
• '
• N.
-- .. --.•!:----7::-•:- ..---......!'..--
-------7,-:•-**
, . — -:_-•--- ___;.-...-•--: -______„...--"
' (-7--5r, --------- 7::---:-:-_- -- - - •
/7,---
,. 7.; ....-.
/ 7 p
ol p
(i./
•
BUILDING HEIGHT FOR RESIDENTIAL
EXHIBIT 20
4n
ESTATE RESIDENTIAL PLANT LIST
Scientific Name
Private
Drives
Transitional
Areas
Private
Areas
Common Name
Acacia constncta
•
Mescat Acacia
Acacia farnesiana
•
Sweet Acacia
Acacia greggii
•
•
Cat's Claw
Acacia redolens
•
Prostrate Acacia
Acacia stenophylla
•
Shoestring Acacia
Acacia willardiana
•
Palo Blanco l
Agave amencana 'Marginata'
•
Variegated Century Pant
Agave amencana
•
Century Plant
Agave deserti
•
•
Desert Agave
Agave vilmoriana
i
Octopus Agave
Aloe barbadensis
•
Aloe Vera
Ambrosia dumosa
•
•
Burrobush; White Bursage
Artemesia leudo vicuna
•
Silver Sagebrush
Atriplex canescens
•
Fourwing Saltbush
Atnplex lentiformis
•
Quail Bush
Atnplex nummularia
•
Old Man Salt Bush
Baccharis 'Centennial'
' •
Desert Broom
Caesalpinia mexicana
•
Mexican Bird of Paradise
Caesalpinia pulcherrima
•
Red Bird of Paradise
Calliandra californica
•
Baja Fairy Duster
Calliandra enophylla
•
Pink Fairy Duster
Cassia armata
•
•
Cassia
Cassia artemesioides
•
Feathery Cassia
Cassia c.andolleana
•
New Zealand Cassia
Cassia nemophila
•
Desert Cassia
Cassia phyllodenia
•
Silvery Cassia
Cassia wislizeni
•
Shrubby Cassia
Celtis pallida
•
Desert Hackberry
Cercidium floridum
•
•
'
Palo Verde
Cercidium microphyllum
•
Foothills Palo Verde
Cercidium praecox
•
Sonoran Palo Verde
Chilopsis linearis
•
Desert Willow
Dalea greggii
•
Prostrate Indigo Bush
Dodonaea viscosa
•
Hopseed Bush
Echinocactus poly ephalus (T)
•
•
Cottontop Cactus
Echinocerus engelmannii (T)
•
•
Engelman's Hedgehog Cactus
Encelia fannosa
•
•
Brittlebush
Fallugia paradoxes
•
Apache Plume
Ferocactus acanthodes (T)
•
•
California Barrel Cactus
Fouquieria splendens
•
•
Ocotillo
Hesperaloe funi fera
•
Yucca
Hesperaloe parviflora
•
Red Yucca
!•loffmanseggia microphylla
•
Rushpea
Hymenoclea salsola
•
White Burrobush (Cheesebush)
I I yptis emorvi
•
•
Desert Lavender
Cont.
41
EXHIBIT 21
EXHIBIT 21
ESTATE RESIDENTIAL PLANT LIST (Continued)
Scientific Name
Private
Drives
2
s4
il
w
1-
Private Areas
Common Name
Ilx mu/ilium
Yaupon
Justicia californica
•
•
Chuparosa
Justicia candicans (syn. ovata)
•
Desert Honeysuckle
Justicia spicigera
•
Mexican Honeysuckle
Lantana montevidensis
•
Trailing Lantana
Larrea tridentata
•
•
Creosote Bush
Leucophyllum frutescens
•
Texas Sage
Leucophyllum laevigatum
•
Chihuahuan Sage
Lysiloma thornberi
•
Featherbush
Melampodium leucanthum
•
Blackfoot Daisy
Myoporum parvi foliun prostratum
•
Prostrate Myoporum
Myrtus communis 'Boetica'
•
Myrtle
Oenothera berlandieri
•-
Mexican Primrose
Olneya tesota
•
Desert Ironwood
Ophiopogon japonicus
•
Mondo Grass
Opuntia bigelovii var. bigelovii (T)
•
•
Jumping (Teddy Bear) Cholla
Opuntia echinocarpa (T)
•
•
Silver Cholla
Opuntia ramosissima (T)
•
•
Diamond Cholla
Phacelia companularia
•
Desert Bluebells
Prosopis alba --_ _
_
•
• —
Ari�jjuntiin Mosquito
P►ueupie Chi leHIP ie
ChlleanNesqulto
Prosopis glandulosa var. torreyana
•
•
Honey Mesquite
Prosopis juliflora
•
Velvet Mesquite
Prosopis pubescens
•
Screw Bean
Psorothamnus emoryi
•
•
Indigo Bush
Psorothamnus spinosus
•
•
Smoke Tree
Salazaria mexicana
•
•
Paper -bag Bush
Salvia 'Allen Chickering'
•
Allen Chickering Sage
Salvia clevelandii
•
Chaparral Salvia
Salvia farinai-.a'
•
Mealy Cup Sage
Salvia leucophylla
•
Purple Sage
Simmondsia rhinensis
•
Jojoba
Sophora secundiflora
•
Texas Mountain Laurel
Tagetes lemmoni
•
Mountain Marigold
Tecoma stans
•
Yellow Bells
Vaquelinia californica
•
Arizona Rosewood
Verbena peruviana
•
Peruvian Verbena
Verbena rigida
•
Verbena
Yucca baccata
•
Banana Yucca
Yucca elata
•
Soap Tree
Zauschneria californica
•
Hummingbird Flower
Note: (T) indicates species to be transplanted from on site wherever possible.
42
C. ILLUSTRATIVE DEVELOPMENT PLANS
The Illustrative Development Plans utilise the criteria set out in the Land Use section and in
the Site Development and Estate Residential Standards section and create an Illustrative
Development Plan for Site A and Site B. These plans are conceptual in nature and form the
basis for the preparation review and approval ofthe Phase II approval and implementation
processes. (See Section VI, Approval Process and Implementation).
43
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
dm.
Mo.
low
41e6-
1
1
1
1
1
1
1
i
1
1
1
1
1
1
1
1
DEFINITIONS
COMMUNITY MASTER DEVELOPMENT PLAN
The conceptual Development Plan for the Project showing the general location, relationship, and size of
community roads, recreational area, desert woodlands, private drives and homesites.
An Overlay indicates the number ofdwellng units in the separate development phases and the general
orde oftheir processing and construction.
The approval and adoption fo the community Master Development Plan will establshthe Phasing
Schedule and the maximum of 151 dwellingunits (Homesites).
COMMUNITY MASTER DEVELOPMENT AND TEXT
The text establishes the detailed Development Standards for the Project and the Approval and Imple-
mentation Procedures. The Standards are established to create a high quality project and the proce-
dures to ensre that the Project is built as promised.
SITE DEVELOPMENT PLAN
The Site Development Plan is a detailed plan for each separate phase ofDevelopment which shows the
location, size and number ofcommunity roads, private drives and homesites. The Plan is accompanied
by a detailed Slope Map, Grading Plan and Landscape Plan.
The Site Development Plan is to generally conform to the Community master Development Plan and to
be in strict conformance with the Development Standards.
The sum ofthe dwellingunits for all phases shall not exceed 151 dwelling units.
VI APPROVAL PROCESS AND IMPLEMENTATION
A. PURPOSE
The Purpose of establishing this Approval Process and implementation procedure is to ensure that
the approval and development of The Crest is carried out in strict accordance with the HPR and
PCD ordinances, and the community Master Development Plan and Text in order to create an
outstanding project which si completely compatible with its high desert environment.
B. PHASE I APPROVAL PROCESS
Step I Developer
Submission of General Plan Amendment and Rezoning Application together with
Community Mater Development Plan and Test and exhibits contained herein.
Step 2 City Council
Adoption of a General Plan Amendment designating 410.3 acres as Open Space (OS) and
285.4 acres as Hillside Planned Residential.
Adoption of an ordinance zoning 410.3 acres as Open Space (OS) and 285.4 acres as
Hillside Planned Residential (HPR), all with an overlay of Planned Community
Development (PCD).
Review and approval of the Community Master Plan and Test establishing the Conceptual
Site Development Plan, Phasing Plan, Standard, Procedures and a maximum number of
dwelling units of 151.
C. PHASE I IMPLEMENTATION
Step I Developer
"Dedicated Open Space" easement deed shall be conveyed to the City as a part of the
approval of the various phases of development in proportion to the acreage and residential
unit included in each phase. The Initial Dedication of 100 acres as shown on the Exhibit 7
shall be conveyed at the time of approval of the first phase of development. The easement
and deed shall be in a form acceptable to the City Attorney and the Developer.
50
Step 2 City/LAFCO
Obtain approval from LAFCO for annexation to The City to the City. Finalize annexation,
General Plan and Zoning Ordinances.
UPON COMPLETION OF THE PHASE I APPROVAL PROCESS AND
IMPLEMENTATION PROCEED WITH PHASE II
D. PHASE II APPROVAL PROCESS
Step I Developer
Preparation and submission for approval by the City staff of the first phase Site
Development Plan, Slope Analysis, Tentative Map and Grading Plan.
Step 2 Planning Commission
Review and approval of the Site Development Plan, Tentative Map and Grading Plan for
the first phase of development. All plans and maps to be in substantial conformance with
the approved Community Master Development Plan and Test. (Exhibits 7 - 21).
E. PHASE II IMPLEMENTATION
Step 1 Developer
Preparation and submission for approval by the City staff of the Final Map and Grading
Plan for the first phase of development. Drawings to show community roads, utilities,
recreational facilities, (if any( private drives and building pads (home sites) to be
constructed in the Phase.
Execute Open Space easements to the City for all land in the first phase not developed in
roads, buildings (home sites), etc. Prepare and execute CC&Rs.
Step 2 City
Review and approval of the Final Map, Improvement and Grading Plans as being in
conformance with the Site Development Plan and Tentative Map for the first phase of
development.
51
UPON COMPLETION OF THE PHASE II APPROVAL PROCESS AND
IMPLEMENTATION PROCEED WITH PHASE III
F. PHASE III APPROVAL PROCESS
Step 1 Developer/Homesite Owner
Preparation and submission for approval by the City of the individual Homesite detailed
Site Grading and Landscape Plans, Residence Floor Plans, Elevations and Sections, Color
and Material Boards.
Step 2 City
Review and approval of the Homesite Plans. All plans and designs to be in accordance
with the Site Development Plan and the Approved Development Standards in the text.
G. PHASE III IMPLEMENTATION
Step 1 Developer/Homesite Owner
Preparation and submission for approval by the Building Inspection Department of the
Plans and Specifications for the improvement of the Homesites and construction of the
Residences.
Step 2 City
Review of plans and specifications, and issuance of the Building Permits of Homesites
and residences in conformance with the approved Homesite plans.
H. PHASE IV CONSTRUCTION
Construction of all improvements in accordance with approved plans and specifications
52
Development Review Process
The Crest at Palm Desert
PCD/HPR Plan
Conceptual Site Development Plans
Approvals Required
Review and Approval by Planning
Commission and City Council
Review and approval by
Planning Staff and Planning
Commission for consistency
with PCD/HPR
Development Standards
Review and Approval by Planning
Commission and City Council , if
appealed, as per State Law
Review and Approval by
City Council for
consistency. No additional
hearing required
Review by City Staff for
Consistency with PCD/HPR
No PublicHearing if Consistent
53
EXHIBIT 22
V . PLAN REVIEW W . RED;
1
A PURPOSE
This section is established to ensure that the overall purpose and intent ofthis Planned
Community is satisfied and implemented in an orderly manner. All development within The
Crest shall be subject to the regulations outlined on the following pages.
B. SITE DEVELOPMENT PLAN REVIEW
After the adoption ofthe Planned Community Development/Hillside Planned Residential Plan,
an application for approval ofa Site Development Plan which is in substantial conformance with
the approved Crest P.C.D/H.P.R. shall be filed with the Planning Commission. A Site
Development Plan may cover all or a portion ofthe Planned Community. Review and approval
of subsequent Site Development Plan shall be in accordance with the City's adopted
ordinances. No building permit shall be issued for any new building or structure unless the Site
Development Plan covering the area has been approved.
C. SITE DEVELOPMENT PLAN CONTENTS
1. The Site Development Plan shall set forth the following:
a. The exact boundaries and legal description ofthe property to be developed.
b. All proposed improvements that are to be constructed on the land and their precise
locations including, but not limited to, all Residential Lots, Homesites, Private Drives,
Roads, Residential Open Space Easement, Desert Park, Recreation Open Space,
Dedicated Open Space.
c. Common open space areas showing size, grades, and function upon completion.
d. The location and dimension ofall off-street parking facilities, public and private.
e. A tabulation ofthe percentage oftotal building coverage ofthe development.
f A tabulation of densities within each project area or sector.
54
g Pedestrian trails.
h. The Tentative Map shall set forth the following per the City ofPalm Desert Tentaive.
Subdivision Map"Required Submittal detail".
D. HOMESITE PLAN REVIEW
After, or concurrently with, the adoption ofThe Development Plan, an application for a
Homesite Plan approval by the Planning Director or his designee shall be filed with the Planning
Department. This application may cover one or more lots ofthe P. C.D./H.P.R. and must be
found in substantial conformance with Master Plan Development Standards and Site
Development Plan. All Homesite Plans shall be approved by The Crest Review Board prior to
the submittal to the City ofPalm Desert Planning Department for approval.
E. HOMESITE PLAN CONTENTS
1. The Homesite Plan shall set for the following:
a. The exact boundaries and legal description ofthe property to be developed.
b. A Site Plan showing thefollowing Residential Lot's components:
• Lot size
• Homesite Boundary
• BuildingEnvelope/Private Areas
• Building Area/Footprint Size
• Transitional Area
• Residential Open Space Easement
• Site Grading Plan
c. Floor plans.
d. Building elevations with color/material board ofthe home styles to be constructed, also
showing rooftype and color.
e. A schematic landscaping plan indicating the type and size ofplant materials to be used.
£ Stamp ofapproval from The Crest Review Board.
55