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HomeMy WebLinkAbout1979-01-25MINUTES REGULAR MEETING PALM DESERT CITY COUNCIL THURSDAY, JANUARY 25, 1979 CITY HALL COUNCIL CHAMBERS * * * * * * * �: * * * * * * * * * * * * * * * * * ;ti * ;c * * * * * I. CALL TO ORDER Mayor Mullins called the Regular Meeting of the Palm Desert City Council to order at 7:00 p.m. in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore Jim McPherson III. INVOCATION - Mayor Ed Mullins IV. ROLL CALL Present: Mayor Pro-Tem Jim McPherson Councilman Alexis Newbrander Councilman Roy Wilson Mayor Ed Mullins Absent: Councilman Noel Brush (Excused Absence) V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of January 11, 1979. . Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 79-065 and 79-071. Rec: Approve as presented. C. REQUEST FOR PERMISSION from Naegele Outdoor Advertising Company of California, Inc. to Erect an Outdoor Advertising Display on Their Property Located on Highway 111, North of Parkview. Rec: Refer to the City Manager for response, D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE For MONTEREY COUNTRY CLUB, 41-500 Monterey Avenue, Palm Desert, California, By CLUB LEASING CORPORATION. Rec: Receive and file. E. REQUEST FOR APPROVAL of Final Tract Map 13203, Sunrise Corporation, Applicant. Rec: Waive further reading and adopt Resolution No. 79-1, approving the final Tract Map and related agreements. January 25, 1979 Page 1 VI. CONSENT CALENDAR (Continued) F. REQUEST FOR ACCEPTANCE of Tract Nos. 11215-1 and 13586, Portola Country Club Estates, Applicant. Rec: By minute motion, accept Tract Nos. 11215-1 and 13586 as completed and authorize the City Clerk to release the bonds for the subject tracts. G. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF DECEMBER, 1978. Rec: Receive and file. Councilman McPherson moved and Councilman Wilson seconded to approve the Consent Calendar as presented. Motion carried on a 4-0-1 vote. VII. PUBLIC HEARINGS A. CASE NOS. C/Z 13-78 AND DP 20-78, ALLARCO DEVELOPMENT LTD., APPLICANT: Consideration of a Request for Approval of a Change of Zone from 'S' Study to PR-3 (U.A.) or Any Other Zone Deemed Appropriate, and a Preliminary Development Plan To Allow 800 Condominium Units on 405 Gross Acres at the Northeast Corner of Cook Street and Country Club Drive. Mr. Williams reviewed the Staff Report indicating that the proposed change of zone would permit 2.035 units to the acre. He stated that the Planning Commission felt it was an appro- priate zone for the property and the development plan is an appropriate project for the City. They recommended approval by Planning Commission Resolution Nos. 440 and 441. Mr. Williams also noted a letter of support from Indian Wells. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the project and rezoning. MR. STEVE FLESHMAN, 74-075 El Paseo, Palm Desert, spoke on behalf of the applicant who was unable to attend the meeting. He stated the applicant's concurrence with both the Planning Commission and Staff recommendation. Mayor Mullins invited input in OPPOSITION, and none was offered. He declared the Public Hearing closed. Councilman McPherson moved to waive further reading and pass Ordinance No. 201 to second reading, approving a Change of Zone from 'S' Study to PR-3, S. P. (U.A.) and a Preliminary Development Plan to Allow 800 Condominium Units. Councilman Newbrander seconded the motion; carried by a 4-0-1 vote. B. CASE NOS. C/Z 14-78 AND TT 14032, RIDGEWOOD DEVELOPMENT, INC., APPLICANT: Consideration of a Request for Approval of a Change of Zone from PR-4 and O.S. to R-2-8,000 (8) or Any Other Zone Deemed Appropriate, and a Tentative Tract Map for a 238 Lot Residential Subdivision To Provide for 227 Dwelling Units on Approximately 80 Acres Located at the Southeast Corner of Portola Avenue and Country Club Drive. Mr. Ortega reported that the City had received a request from the applicant that this public hearing be continued to the meeting of February 22, 1979. Mayor Mullins declared the Public Hearing open and invited input either in FAVOR or OPPOSITION to the Change of Zone. None was offered. Councilman Wilson moved and Councilman McPherson seconded to continue the Public Hearing to the meeting of February 22, 1979. Motion carried on a 4-0-1 vote. i f January 25, 1979 Page 2 VII. PUBLIC HEARINGS (Continued) C. CASE NOS. C/Z 17-78 AND DP 21-78, ROMAN CATHOLIC BISHOP OF SAN BERNARDINO, APPLICANT: Consideration of a Request for Approval of a Change of Zone from R-1-9,000 to PR-5, or Any Other Zone Deemed Appropriate, and a Development Plan Con- sisting of 39 Dwelling Units on Approximately 8 Acres Generally Located Near 44th Avenue and Deep Canyon Road. Mr. Williams reviewed the Staff Report stating that the request was for the development of 9 duplexes, 1,050 sq. ft. each, and one single family residence. The project would include recreational amenities such as a swimming pool, recreational building, etc. He pointed out that the COD Specific Plan called for low density in this area. In their review, the Planning Commission had felt that the zone designation of PR-4 with a restriction of total number of units to 31 was more appropriate than the request. He reviewed the written opposition received by the Planning Commission to this development. He concluded by stating that it was Staff's recommendation that the Council support the recommendation of the Planning Commission and approve the PR-4 zone designation, limiting the number of units to 31 Councilman McPherson asked what number of units would be permissible if the zone remained the same. Mr. Williams responded 4 units to the acre or a total of 32 which would be developed as single family units. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the project. MR. ROLAND F. SWEET, 73-535 Pinyon Street, addressed Council as representative for the applicant. He explained that the Church wanted to provide housing for their elderly parishioners and that the development would be of high quality. The plans had been prepared by a leading architect in the area who had tried to meet all quality criteria. He pointed out that the City did have a deficiency in available housing for the elderly and this project would meet that need. He stated their concurrence with the Planning Commission's recommen- dation with the exception of the requirement of one enclosed garage on each duplex with the other being a carport. He felt this would look unbalanced. He asked Council's con- sideration of this condition. With respect to the opposition received from residents on Florine Street, Mr. Sweet stated their proposed development was certainly compatible if not better than some. He distributed pictures of Florine Street residences for Council's review, including pictures taken from the Church's property. Mayor Mullins invited input in OPPOSITION, and the following was offered: MR. JIM CHRISPMAN, 43-770 Florine, addressed Council stating that this is a low-income development providing mobile type homes which would be 25-100% smaller than those already existing in the area. He felt the project was simply not compatible with existing development. He felt that the Planning Commission had not considered the wishes of the people, pointing out that a petition of all of the home owners on Florine, with the exception of one absentee owner, had been presented. He requested Council's consideration of their wishes at this hearing. MR. GERALD ORLAND, 43-780 Florine, addressed Council, stating he had presented the petition of opposition on December 22nd. He reregistered his protest and requested Council deny any request but for R-1 in that these duplexes would depreciate the value of the homes on Florine. MR. RICHARD WAGER, 43-780 Florine, addressed Council calling attention to the fact that a petition of 28 homeowners had been presented and ignored by the Planning Commission in his estimation. He asked that the property remain R-1. January 25, 1979 Page 3 In REBUTTAL, the following was offered: MR. ROLAND SWEET pointed out that the pictures he had sub- mitted had been of all the property on Florine; he had not been selective. He stated that when people were not aware of what was to be done, they became afraid of high density and change of zone. He pointed out that the density is not being increased if the zone is changed. He stressed the high quality of the proposed project. Councilman Newbrander asked if the units would be rentals. Mr. Sweet responded that the property would remain in the hands of the church. Councilman McPherson asked Mr. Williams to give a brief explanation of a Planned Residential Development. Mr. Williams stated that in the R-1 zone, the intent is to have ownership of lots on an individual basis. In a PR zone, there is a combination of land developed with specific stipulations such as 50% common space, recreational amenities setbacks of the project from adjacent residences and public streets, and the total complex must be well maintained including the structures. PR must be contained by some type of wall structure and must be totally landscaped. In essence, the difference between Planned Residential and single family is that the PR project must be all completed at once vs R-1 (single family) where there are different levels of development and maintenance. Mayor Mullins asked if maintenance was required outside of the wall, and Mr. Williams responded that it was, noting that more parking was required in Planned Residential also. Mr. Williams explained the Commission's philosophy with regard to the carport vs enclosed garages which Mr. Sweet had mentioned. The Commission had felt that it was better to have at least one covered space to provide for storage in each unit. Councilman McPherson pointed out that he had been on the Council for 5 years, and that the City had far better con- trol over projects developed as Planned Residential. These controls included completion as one project, maintenance, open space, setbacks, and the type of development. He assured the individuals protesting that they would be getting a much better development this way with one less unit than would be allowed under single-family development. Councilman Wilson stated that the objections heard at the hearing would actually be mitigated by a Planned Residential development. Rather than 31 different lots or homes to be policed, it would be one development. The density is vir- tually the same. He stated that there was a definite need for affordable rental housing for the elderly in the com- munity, and this seems like an ideal location. Mayor Mullins declared the Public Hearing closed and asked for Council's desire. Councilman Wilson moved and Councilman Newbrander seconded to waive further reading and pass Ordinance No. 203 to second reading, approving a Change of Zone from R-1-9,000 to PR-4, and a related Development Plan to allow 31 dwelling units and preliminary design review on property generally located on the west side of Deep Canyon Road, north of 44th Avenue. Motion carried by a 4-0-1 vote. D. CASE NO. TT 11636, LEWIS HOMES OF CALIFORNIA, APPLICANT: Consideration of a Request for Approval of a 1-Year Extension of Time on the Approval of a Tentative Tract Map to Create 218 Single -Family Residential Lots and Four Lots for Common Recrea- tional Facilities and Flood Control Purposes on Approximately 85 Acres Located at the Northeast Corner of Highway 74 and Haystack. Mr. Williams reviewed the Staff Report pointing out that Council had, in January, 1978, approved the Tentative Tract on 82+ acres at the corner of Haystack and Highway 74. That r January 25, 1979 Page 4 tract is coming up for expiration, and the applicant is requesting an extension of time because of the extreme complexity of the design of the subdivision and its improve- ments wherein the applicant was required to do a great deal of offsite drainage study work, additional storm drain design, and revision to the maps to accommodate the Depart- ment of Public Works's request to revise the ingress -egress to the subdivision along Haystack. Mr. Williams stated that upon receipt of the request, Staff reviewed the conditions and found there was no need for additional conditions. Staff recommended approval. Councilman Wilson asked where the project stood now, and Mr. Beebe responded that their plans were now in Plan Check. He pointed out that his department had held the project up because of the realignment of a street. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the extension. MRS. BETTY WILLIAMS, Division Manager, Lewis Homes, stated that they were just about out of Plan Check and have received Improvement Agreements. She stated that it was taking a little longer than anticipated due to the change requested by Mr. Beebe. Mayor Mullins invited input in OPPOSITION to the extension, and none was offered. He declared the Public Hearing closed. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt..Resolution No. 79-3, approving a one year extension of time. Motion carried on a 4-0-1 vote. E. CASE NO. TT 11883, AFFILIATED CONSTRUCTION COMPANY, APPLICANT: Consideration of a Request for Approval of a 1-Year Extension of Time on the Approval of a Tentative Tract Map to Create 65 Lots to Provide for a Condominium Hotel, 7 Single -Family Resi- dences, and 57 Condominium Units on Approximately 17.8 Acres Generally Located Between Highway 111 and Candlewood Street, West of Palm Desert -Indian Wells City Limit Line. Mr. Williams stated that this subdivision will not expire until the end of February, but the applicant has requested an extension of time. He has had problems with his engineer- ing and financing and is requesting a one-year extension. Staff reviewed the conditions of approval and found that no additional requirements were necessary. Staff recommended approval of the extension. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the extension. None was offered. Mayor Mullins invited input in OPPOSITION to the extension, and none was offered. He declared the Public Hearing closed. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 79-4, approving a 1-year extension of time. Motion carried on a 4-0-1 vote. VIII. RESOLUTIONS A. RESOLUTION NO. 79-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR A CHANGE OF ORGANI- ZATION KNOWN AS "PALM DESERT ANNEXATION NO. 7", PURSUANT TO SECTION 35140 OF THE STATE GOVERNMENT CODE. Mr. Williams noted that a telegram had been received from the applicant withdrawing his, request for annexation. The Resolution was withdrawn, and no action taken. January 25, 1979 Page 5 VIII. RESOLUTIONS (Continued) B. RESOLUTION NO. 79-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR A CHANGE OF ORGANIZATION KNOWN AS "PALM DESERT ANNEXATION NO. 9", PURSUANT TO SECTION 35140 OF THE STATE GOVERNMENT CODE. Mr. Ortega noted that this resolution was in compliance with the processing of the Municipal Organization Act of 1977. It involved the Allarco Property which lies immediately south of the Siegle Property. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 79-6. Motion carried on a 4-0-1 vote. C. RESOLUTION NO. 79-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING RESOLUTION NO. 76-64, ESTABLISHING A REVISED SCHEDULE FOR ZONING ORDINANCE PROJECTS BY CHANGING THE FEE FOR COPIES OF THE ZONING MAP. Mr. Ortega noted that this resolution changed the fee charged for the zoning map. Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-7. Motion carried on a 4-0-1 vote. D. RESOLUTION NO. 79-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN AMEND- MENT TO THE CITY HALL OFFICE SPACE LEASE. Mr. Ortega explained that the Department of Environmental Services had moved into space within the building previously occupied by IBM. The terms of the lease have just been agreed on, and Staff is requesting Council's approval of the amendment. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 79-8. Motion carried on a 4-0-1 vote. E. RESOLUTION NO. 79-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING MID -YEAR BUDGET ADJUSTMENTS OF THE 1978-79 FISCAL YEAR BUDGET FOR THE CITY OF PALM DESERT. Mr. Ortega stated that at the beginning of the fiscal year, Staff was somewhat conservative with regard to the ensuing year's revenues. Staff was now happy to report that things have turned out much better than anticipated and is requesting that the budget be amended to reflect increased revenues. He reviewed the increased revenues and requested approval of increased expenditures. Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-9. Motion carried unanimously on a 4-0-1 vote. F. RESOLUTION NO. 79-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLU- TION NO. 78-138 AND THUS ESTABLISHING A REVISED TABLE OF AUTHORIZED POSITIONS FOR THE 1978/79 FISCAL YEAR. Mr. Ortega noted that one or two times during the year, Staff must ask Council to change the Table of Classified Positions because of increased responsibilities of employees In this resolution, Staff is requesting some changes in allocations of positions, at least 3 of which deal with CETA funding. Also requested is a change to reflect promo- tions that have occurred in the Building Department due to some Building Inspectors receiving their State Certificates. As they pass the test, they are eligible for a higher level of Buildi Inspector classification— Staff recommended January 25, 1979 Page 6 VIII. RESOLUTIONS (Continued) approval of Resolution No. 79-10. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 79-10. Motion carried on a 4-0-1 vote. G. RESOLUTION NO. 79-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 78-80, SECTION 1, TABLE OF SALARY RANGES FOR CLASSIFICATIONS AND POSITIONS, AND THUS ESTABLISHING A REVISED TABLE OF AUTHORIZED SALARY RANGES FOR CLASSIFICATIONS AND POSITIONS. Mr. Ortega reported that when the 1978-79 fiscal budget was formulated, we were looking at Proposition #13 and the effect it would have on Palm Desert. Subsequently, Council decided to grant a request for a 5% cost -of -living increase. This resolution grants an additional 2.57 cost - of -living increase which the City Manager has recommended for approval. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-11. Motion carried on a 4-0-1 vote. IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 198 (AMENDED) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE FROM 'S' STUDY TO PR-3 S.P. (U.A.) AND 0.S. (U.A.), AND A RESIDENTIAL DEVELOPMENT PLAN TO ALLOW 732 DWELLING UNITS AND RECREATIONAL AMENITIES AND OPEN SPACE ON APPROXIMATELY 680 ACRES, 3 MILES SOUTHWEST OF THE INTERSECTION OF HIGHWAYS 111 AND 74 ADJACENT TO THE SOUTHERLY BOUNDARY OF THE CITY OF PALM DESERT ON THE WEST SIDE OF HIGHWAY 74 AND CERTIFICATION OF THE RELATED EIR AS COMPLETE. CASE NOS: C/Z 08-78 AND DP 11-78. Mr. Ortega stated that this ordinance approved the change of zone and development plan for Annexation #7 which, as explained previously, has been withdrawn. Nevertheless, it is Staff's recommendation at this time that the City continue with the adoption of the ordinance to establish the City's position with regard to what it wants there. The City Manager has talked with Mr. Tettemer, our Flood Control Consultant, and as a result of these talks, some changes to the Special Conditions are being recommended, as follows: #5 - Makes provision for an ultimate channel right-of-way wider than 200 ft. #7 - Provides for legal ingress easements to the channel as may be necessary for maintenance. #13 Makes it clear that the developer must build the 100-year storm channel on his property. Also recog- nizes that Federal Flood Insurance Agency could take years to "approve" a design and thus changes wording to "satisfies their requirements". #14 Makes it clear that both a Standard Project Flood design and a 100-year storm design are required. Takes out one as an "alternative" to the other. Also provides for CVCWD and City to set performance criteria (flow, veolcity, debris vs. clearwater, etc.) for the Standard Project Flood Channel. Also makes certain that at least two copies of the plans will be given January 25, 1979 Page 7 IX. ORDINANCES (Continued) to the City. #15 - Reinforces requirements for on -site channel improvements by developer. Also requires "to every extent possible" that the 100-year storm channel be "a part of" the Standard Project Flood. #16 - Corrects a typographical error "(12)" should read "(13)". #17 States that the bond of one -million dollars is only for the off -site channel improvements. If the developer should give the City the million dollars, the developer would still have to accomplish his own on -site channel improvements. Mr. Ortega that Ordinance No. 198 Amended (copy attached and made a part of these minutes as Exhibit "A") would now require a first reading, with the changes, as Ordinance No. 198B. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and pass Ordinance No. 198B to second reading. Motion carried on a 4-0-1 vote. X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS A. REQUEST FOR APPROVAL of Technical Traffic Committee Recom- mendations. Mr. Beebe stated that the Council had never had Traffic Committee minutes presented to them before, and Staff felt it should be done from now on to make Council aware of what action is being taken. The Council's approval would also make the action more official. Councilman Newbrander moved and Councilman Wilson seconded to approve the actions of the Traffic Committee. Motion carried unanimously. XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Wilson inquired about the progress on the Rancho Road/Buena Circle Project. Mr. Ortega responded that it is HUD money which has already been approved. It is now a matter of getting the engineering work done by Mainiero & Smith and putting it out to bid. This should be done in about 60 days. January 25, 1979 Page 8 XV. REPORTS AND REMARKS (Continued) Councilman Wilson stated that the School Advisory Committee had met last week and requested the Mayor or City Manager to write a letter to Rancho Mirage, Indian Wells, and repre- sentatives of the LaQuinta area with respect to the February 20, 1979, special meeting of the School Board. This meeting, a joint venture of the Palm Springs and Desert Sands Boards, is being held with the main item of discussion being the pos- sibility of establishing a high school in the cove area. The Committee is recommending that groups representing Rancho Mirage, LaQuinta, Palm Desert, and Indian Wells be contacted and invited to attend the above meeting to support the local high school concept. Councilman Wilson also requested that the City Attorney investigate the idea as to its legality. Mayor Mullins noted the future meetings listed on the Agenda XVI. ADJOURNMENT Councilman Wilson moved and Councilman McPherson seconded to adjourn the meeting. Motion carried on a 4-0-1 vote. Mayor Mullins adjourned the meeting at 8:35 p.m. ATTEST: — SHEILA R. GILEIGAN,CL CLERK CITY OF PALM DESERT, ALIFORNIA January 25, 1979 Page 9 E HIBIT ORDINANCE NO. 198 (AMENDED) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA APPROVING A CHANGE OF ZONE FROM 'S' STUDY TO PR-3 S.P. (U.A.) and 0.S. (U.A.), AND A RESIDENTIAL DEVELOPMENT PLAN TO ALLOW 732 DWELLING UNITS AND RECREATIONAL AMENITIES AND OPEN SPACE ON APPROXIMATELY 680 ACRES, 3 MILES SOUTHWEST OF THE INTER- SECTION OF HIGHWAYS 111 AND 74 ADJACENT TO THE SOUTHERLY BOUNDARY OF THE CITY OF PALM DESERT ON THE WEST SIDE OF HIGHWAY 74 AND CERTIFICATION OF THE RELATED EIR AS COMPLETE. CASE NOS.: CZ 08-78 and DP 11-78 The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: Section 1: A Change of Zone from 'S' Study to PR-3 S.P.(U.A.) and O,S. (U.A.) is hereby approved for property described as: APN 635-040-1,2,4,5 6,7,8 APN 635-050-1,2,3,4,5,6 APN 771-040-1,3 APN 771-030-1 as indicated on the attached Exhibit 'A' Case No. CZ 08-78. Section 2: Based upon the recommendation of the Palm Desert Planning_ Commission as stated in Resolution No. 413 and pursuant to Section 25.24.060 of the Palm Desert Municipal Code, said Change of Zone is hereby made subject to comp1L nce:. with the Development Plan known as Case No. DP 11-78 as indicated on Exhibit attached hereto, which is also hereby approved subject to compliance with the -` - following conditions:-: STANDARD CONDITIONS: 1. The development of the subject property shall conform substantially with Exhibit "A" Revised (Case No. DP 11-78) on file with the Depart- - ment of Environmental Services as modified by the following conditions. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the City which include, but are not limited to, Area Development Plans (CUP Process), Design Review, - Subdivision process, and building permit procedures. 3. Construction of the total development may be done in phases; however, each individual phase shall meet or exceed all municipal code require- ments in that the City shall consider each phase as a single project. 4. Construction of a portion of said project shall commence within one year from the date of final approval, otherwise said approval shall become null, void, and of no effect whatsoever. Further, the total project shall be completed by January 1, 1989. After said date, this approval shall automatically expire for those remaining undeveloped portions of the subject property and the City Council may initiate rezoning procedures to revert said undeveloped areas to an 'S' Study Zoning Designation. 5. Prior to the issuance of any City permits for the commencement of construction on said project, the applicant shall agree in writing to these conditions of approval. 6. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are, in addition to all the requirements, limitations, and restrictions of all municipal ordinances and State and Federal Statutes now in force, or which hereafter may be in force. 7. Any/all existing electrical distribution lines, telephone, cable antenna television, and similar service wires or cables, which are on or adjacent to the property being developed shall be installed undergrou.0 as a part of development from the nearest existing pole not on t property being developed. January 25, 1979 tP age 10 EXHIBIT "A" 3RDINANCE NO. 198 (Continued) (AMENDED) SPECIAL CONDITIONS: 1. The maximum number of dwelling units shall be 732. 2. Each phase of construction shall conform to all requirements of Chapter 25.24 of the Palm Desert Municipal Code. 3. All buildings shall conform to a unified architectural theme. 4. All landscaping shall conform to an overall Master Landscape Plan with particular emphasis on that portion of the development abutting Highway 74, with emphasis on use of natural vegetation. 5. Development adjacent to Highway 74 should have setbacks in the range of 50' to 200'. Flexibility within the range is assigned to the Design Review Board process in recognition of the fact that a 200' flood control channel will be dedicated in the vicinity of the easterly boundary and where a 200' setback would unfairly eliminate useable acreage, the setback may be reduced to 50' minimum. 6. All development and improvements proposed in Hillside Areas shall conform to all requirements of Chapter 25.52 of the Palm Desert Municipal Code, the Hillside Development Overlay District. Hill- side areas are defined as those areas as having average slopes before grading in excess of ten percent. 7. The developer shall provide the Coachella Valley County Water Dis- trict the necessary rights -of -way across'the development for the extension of the Palm Valley Stormwater Channel to allow implemen- tation of a flood control master plan for the Palm Desert area. 8. The first phase of development shall include the dedication of all proposed wildlife preserves and other public open space. 9. A wildlife watering facility of a design and location acceptable to the Bureau of Land Management shall be provided as a part of the development of the single-family Ranchos area. 10. Each area plan shall be designed to include the incorporation of the suggested mitigation measures provided in the Final E.I.R. 11. Development adjacent to Section 36 should have setbacks in a range from 50' to 200'. Flexibility within the range is assigned to the Design Review Board Process and should be adjusted to provide com- patibility with the large lots and low density development existing in the Cahuilla Hills. 12. No apartments shall be allowed. 13. The developer shall construct such on -site drainage facilities as are necessary for the protection of the units within the development. Any area lying westerly of the future palm Valley Stormwater Channel in (7) above shall be designed to drain into the future channel at such time as it is built, and then diverted northerly to flow into the existing Palm Valley Stormwater Channel. The design of such a facility shall be such as to safely transport flows resulting from the one -hundred year storm and shall require the approval of the CVCWD, the Federal Flood Insurance Administration, and the City of Palm Desert. Up until such time as the channel is constructed and accepts storm - water, drainage of the entire property may be directed in its natural flow pattern to Highway 74. 14. The developer shall provide the CVCWD with a completed engineering design for the Palm Valley Stormwater Channel portion of the Flood Control Master Plan for the Palm Desert area. Said engineering is to cover the Channel length from the mouths of Dead Indian and Carrizo Canyons northerly to Highway 111 and is to be performed by a consulting firm satisfactory to the CVCWD and on a time schedule satisfactory to the CVCWD. The design shall be such as to safely transport flows resulting from the Standard Project Flood and shall include as an alternative, the design of a reduced interim facility -2- January 25. 1979 EXHIBIT "A" ORDINANCE NO. 198 (Continued) (AMENDED) SPECIAL CONDITIONS (Continued): 14. Continued providing for the 100-year storm. The cost of the design shall not exceed $225,000 under any circumstances. 15. The developer shall be responsible for the off -site right-of-way acquisition, construction, and improvement of a channel from the north boundary of the property to the existing Palm Valley Storm - water Channel and of the existing Palm Valley Stormwater Channel north to Highway 111. Any right-of-way acquisition by the developer shall involve, at developer's option, the cooperation and partici- pation of the City, the CVCWD, or both, along with utilization of their powers of eminent domain as may be necessary. The design of all facilities described herein shall be such as to safely transport flows resulting from the one -hundred year storm and shall require the approval of the CVCWD, the Federal Flood Insurance Administration, and the City of Palm Desert. 16. At a point in time when building permits have been issued for 80% of the total units to be constructed, no further permits will be issued until and unless all the requirements of (7), (13), (14), and (15) above have been met. 17. To assure ultimate performance of (13) and (15) above, a performance bond in the amount of $1,000,000 shall be posted in favor of the City of Palm Desert, prior to the date of the filing of the first appli- cation for a grading permit. Each year, on the anniversary date of such bond, the amount of such bond shall be increased to reflect inflation in accordance with the recognized Consumer Price Index increase for the prior full calendar year. The developer shall have the option at any time to decrease said bonded amount by the deposit of cash. The developer may, at any time, declare his intention not to make the improvements required by these conditions, in which case, within 30 days of such intention, he shall make a cash deposit with the City in the then required bond amount. The City, and/or its appointed agencies, shall then forthwith undertake the required improvements, to the extent that said cash deposit is of sufficient amount to complete them, and shall relieve developer of Conditions (13), (15), and (16) above. All cash deposits and any monies accruing to the City of Palm Desert as a result of bond collection shall be placed in trust by the City, such trust to be used solely for the accomplishment of (13) and (15) above. 18. The property shall be annexed into the Stormwater Unit of the District. 19. No two-story structures shall be permitted. January 25, 1979 • `, 3- 'Page 12