ORD 591ORDINANCE NO. 591 AMENDMENT NO. 5
AN ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA APPROVING AND. ADOPTING AN
AMENDMENT TO THE REDEVELOPMENT PLAN, AS
AMENDED, FOR PROJECT AREA NO. 1, AS AMENDED
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN
AS FOLLOWS:
Section 1. The Palm Desert Redevelopment Agency has
recommended the amendment of the Redevelopment Plan, As Amended
(the "Redevelopment Plan"), for Project Area No. 1, As Amended
(the "Project Area"), by the City Council by ordinance, in
accordance with proposed Amendment No. 5 to the Redevelopment
Plan, attached hereto as Exhibit A ("Amendment No. 5").
Section 2. Amendment No. 5 to the Redevelopment Plan,
attached hereto as Exhibit A, is hereby incorporated by this
reference.
Section 3. Health and Safety Code Section 33457.1
provides that to the extent warranted by a proposed amendment to
a redevelopment plan, the ordinance adopting the amendment to the
redevelopment plan shall contain the findings required by Health
and Safety Code Section 33367. Because proposed Amendment No. 5
involves only a change in land use designation for a portion of
the Project Area to bring such designation into conformance with
City of Palm Desert General Plan and Zoning Ordinance, certain
findings required by Section 33367 are not warranted, such as the
findings and determinations of the City Council that the Project
Area is a blighted area, the redevelopment of which is necessary
to effectuate the public purposes declared in the Community
Redevelopment Law (California Health and Safety Code Section
33000, et se . ) ; the adoption and carrying out of the
Redevelopment Plan is economically sound and feasible; the
condemnation of real property is necessary to the execution of
the Redeve_lopmdnt Plan and adequate provisions have been made for
payment for property to be acquired as provided by law; all
noncontiguous areas of the Project Area are either blighted or
necessary for effective redevelopment and are not included for
the purpose of obtaining the allocation of taxes from the Project
Area pursuant to Health and Safety Section Code 33670 without
other substantial justification for their inclusion; inclusion of
any lands, buildings, or improvements which are not detrimental
to the public health, safety or welfare Is necessary for the
effective redevelopment of the Project Area of which they are a
part, that any area included is necessary for effective
redevelopment and is not included for the purpose of obtaining
the allocation of tax revenues from the Project Area pursuant to
ORDINANCE NO. 591
Health and Safety Code Section 33670 without other substantial
Justification for its inclusion; the elimination of blight and
the redevelopment of the Project Area could not reasonably be
expected to be accomplished by private enterprise acting alone
without the aid and assistance of the Agency; and the effect of
tax increment financing will not cause a significant financial
burden or detriment on any taxing agency deriving revenues from
the Project Area.
Section 4. As established in the Redevelopment Plan as
originally adopted and the amendment to the Redevelopment Plan to
add territory to the Project Area, the purposes and intent of the
City Council with respect to the Project Area are to eliminate
the conditions of blight existing in the Project Area and to
prevent the reoccurrence of blighted conditians within the
Project Area by undertaking all appropriate redevelopment
projects pursuant to the Community Redevelopment Law. The
Redevelopment Plan as originally adopted and the amendment to the
Redevelopment Plan which added territory to the Project Area
contain certain restrictive land use conditions which with the
passage of time require modifications for purposes of flexibility
in the redevelopment of the Project Area.
Section 5. Based upon the record of the joint public
hearing on Amendment No. 5 to the Redevelopment Plan, and the
various reports and other information provided to the City
Council, the City Council hereby finds and determines that:
A. The Redevelopment Plan, as amended by Amendment No.
5, would redevelop the Project Area, in conformity with the
peace, health, safety and welfare. Although no specific projects
are proposed by the Agency by Amendment No. 5, a retail
commercial and office project to be privately developed is
anticipated. Such project will improve the Project Area and
alleviate adverse conditions by creating an organized and
cohesive development for the vacant and underutilized areas of
the Project Area affected by Amendment No. 5.
B. The Redevelopment Plan, as amended by Amendment No.
5, conforms - t-o -the General Plan of the City of Palm Desert, as
set forth in the findings of the Planning Commission in its
Resolution No. 1381. The Redevelopment Plan, as amended by
Amendment No. 5, proposes land uses contemplated by the General
Plan and the goals and objectives of such Plan.
C. The carrying out of the Redevelopment Plan, as
amended by Amendment No. 5, would promote the public peace,
health, safety, and welfare of the City of Palm Desert and would
effectuate the purposes and policies of the Community
Redevelopment Agency by Amendment No. 5, a retail commercial and
office project to be privately developed is anticipated. Such
project will improve the Project Area and alleviate adverse
2
S
Ordinance No. 591
conditions by creating an organized and cohesive development for
vacant and underutilized areas of the Project Area affected by
Amendment No. 5.
D. Although it is not anticipated that it will be
necessary to relocate any persons or families as a result of the
Implementation of Amendment No. 5, and there are no residential
uses in that portion of the Project Area affected by Amendment
No. 5, the Agency has a feasible method or plan for the
relocation of families and persons displaced from the Project
Area, if the Redevelopment Plan may result in the temporary or
permanent displacement of any occupants of housing facilities in
the Project Area.
E. Although it is not anticipated that it will be
necessary to relocate any persons or families as a result of the
implementation of Amendment No. 5, and there are no residential
uses in that portion of the Project Area affected by Amendment
No. 5, there are, or are being provided, in the Project Area or
in other areas not generally less desirable in regard to public
utilities and public and commercial facilities and at rents or
prices within the financial means of the families and persons who
may be displaced from the Project Area, decent, safe, and
sanitary dwellings equal in number to the number of and available
to such displaced families and persons and reasonably accessible
to their places of employment.
Section 6. Although it is not anticipated that it will
be necessary to relocate any persons or families as a result of
the implementation of Amendment No. 5, and there are no
residential uses in that portion of the Project Area affected by
Amendment No. 5, based upon the record of the joint public
hearing held on Amendment No. 5 and the various reports and other
Information provided to the City Council, the City Council is
satisfied that permanent housing facilities will be available
within three _years from the time occupants of the Project Area
may be displaced and that pending the development of such
facilities, there will be available to such occupants who may be
displaced adequate temporary housing facilities at rents
comparable to those in the City of Palm Desert at the time of
their displacement.
Section 7. Amendment No. 5 to the Redevelopment Plan is
hereby approved and adopted and is hereby designated as an
official amendment to the Redevelopment Plan.
Section 8. The Redevelopment Plan, as amended by
Amendment No. 5, is hereby approved and adopted and 1s hereby
designated and shall constitute the official Redevelopment Plan,
As Amended, for Project Area No. 1, As Amended.
3
ORDINANCE NO. 591
Section 9. Ordinance No. 80 entitled, "An Ordinance of
the City of Palm Desert, Approving and Adopting a Redevelopment
Plan for Project Area No. 1 in the City of Palm Desert,
California, as the Official Redevelopment Plan for such Project
Area," as amended by Ordinance No. 157, entitled "An Ordinance of
the City Council of the City of Palm Desert, California, Amending
Ordinance 80, Known as the Redevelopment Plan for Project Area
No. 1, Case No. RPA 01-77" as amended by Ordinance No. 275
entitled, "An Ordinance of the City Council of the City of Palm
Desert, California, Approving a Redevelopment Plan, As Amended,"
as amended by Ordinance No. 324 entitled "An -Ordinance of the
City of Palm Desert, California, Approving and Adopting the
Amendment to the Redevelopment Plan for Project Area No. 1, As
Amended," as amended by Ordinance No. 397 entitled "An Ordinance
of the City Counct 1 of the City of Palm Desert, Cal ifornia,
Approving and Adopting an Amendment to the Redevelopment Plan for
Project Area No. 1" is hereby further amended to revise the
Redevelopment Plan in accordance with Amendment No. 5.
Section 10. The City Clerk is hereby authorized and
directed to certify to the passage of this Ordinance by the City
Council and shall cause it to be published as required by law.
PASSED, APPROVED AND ADOPTED this 14t-b day of
December , 1989.
AYES: Benson, Kelly, Snyder, Wilson & Crites
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTEST:
City C erk
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Ordinance No. 591
1%ow
AMS MM ISO. S TO THE REUVILOPMENT PLAN, AS
AMENDRO, FOR PROJECT AREA NO-1- AS AnNDED
if any land use or proposed land use Within that
portion of Project Area No. 11 As Amended, set forth on the
attached Exhibit A, conforms to the General Plan or Zoninq
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Ordinance of the City of Palm Desert, as amended from time to
' time, then such land use or proposed land use shall be deemed to
comply with any and all land use restrictions contained in this
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' Redevelopment plan, and any prior amendment hereof,
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notwithstanding any provision, map, figure or diagram contained
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in this Redevelopment Plan, or any prior amendment hereof, to the
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ORDINANCE NO. 591
Redevelopment Plan Project Area No. 1
and all amendments to Project Area No. 1 are on file with
the Redevelopment Agency.
ORDINANCE NO. 591
EXHIBIT "B"
THE PROPERTY
Individual Site Areas are located as follows:
Site Area 1: The property bordered by Highway 111,
E1 Paseo, Painters Path (as realigned)
and the Palm Valley Flood Channel.
Site Area 2: The property bordered by Highway ill,
Fred Waring Drive, the boundary of Site
Area 6 and the Palm Valley Flood
Channel.
Site Area 3: The property bordered by Site Area 6,
Mollers Garden Center and Painters
Path.
Site Area 4: The property bordered by Town Center
Way, Fred Waring Drive, Fairhaven and a
south property line.
Site Area S: The property bordered by E1 Passo,
Larkspur, Shadow Mountain Drive and San
Pablo.
Site Area 6: The property bordered by Site Area 2,
Site Area 3, and property lines as
depicted on the Land Use Development
Plan.
11/13/89
ORDINANCE NO. 591
The following
entirety of Site
Plan.
site Area 1
E:UH:BI: "B" con't
legal description encompasses the
Area 1 on the Land Use Development
Legal Description: The land referred to in this
report is situated in the State of California, County
of Riverside and is descried as follows:
All that portion of Section 19, Township 5 South,
Range 6 East San Bernardino Base and Meridian lying
Easterly of the Easterly line of that certain 150 foot
wide strip described in Deed to the Coachella Valley
County Water District recorded January 25, 1950 as
Instrument No. 3191, (or), Riverside County,
Northeasterly of the Northeasterly line of Painters
Path (formerly State Highway No. 111) being 80 feet in
width described in Deed to the County of Riverside,
recorded August 5, 1930 in Book 867 Page 75 of Deeds
in the Office of the County Recorder of said County,
and Southwesterly of the Southwesterly line of State
Highway 111.
The following legal description encompasses a portion
of Site Area 2 on the Land Use Development Plan.
Site area 2
Legal Description: The land referred to in this
report is situated in the State of California, County
of Riverside and is described as follows:
PARCEL 1: - Lots 1 through 75 inclusive and Lots A, B
and C of Tract 4489-1, in the City of Palm Desert,
County of Riverside, State of California, as per map
recorded. -in Book 79 pages 38 through 42 inclusive of
Maps, -in the office of the County Recorder of said
County.
PARCEL 2: - Lots 1 through 175 and Lots A,S and C of
Tract 4489, in theCity of Palm Desert, County of
Riverside, State of California, as per map recorded in
Book 83 pages 34 through 40 inclusive of Maps, inthe
Office of the County Recorder of said County.
M
ORDINANCE NO. 591
Site Area 2 con't
Said land is located in the City of Palm Desert.
The following legal description encompasses the
entirety of Site Areas 3 and 6 and a portion of Site
Area 2 of the Land Use Development Plan.
Site Areas 2. 3 and 6
Legal Description: The land referred to in this
report is situated in the State of California, County
of Riverside and is described as follows:
That portion of Government Lots 1 and 2 in the
Northwest quarter of Section 19, Township 5 South,
Range 6 East, San Bernardino Base and Meridian,
according to the Official Plat thereof, lying Westerly
of the West line of Painters Path, as conveyed to the
County of Riverside by Deed recorded August 5, 1930 in
Book 867 page 75 of -Deeds, Riverside County Records,
and lying Westerly of t::e Westerly line of that
certain 150 foot strip conveyed to the Coachella
Valley County Water District by Deed recorded January
25, 1950 as Instrument No. 3191 in Book 1142 page 134
of Official Records, Riverside County Records;
EXCEPTING therefrom that portion described as
follows: Commencing at the Northwest corner of said
Northwest quarter, the North line of which quarter
bears North 89 14115" East, as shown on Map on file
in Book 41 page 49 of Records of Survey, Riverside
County Records; thence East, 200 feet; thence South,
125 feet; thence West, 200 feet; thence North 125 feet
to the point of beginning. Said parcel being the
reservoir site conveyed to the Coachella Valley County
Water District by Deed recorded November 7, 1968 as
Instrument No. 107112.
Said Land is located in the City of Palm Desert.
The followinq legal description encompasses the
entirety of Site Area 4 on the Land Use Development
Plan.
ORDINANCE NO. 591
Site Area 4
Legal Description: The land referred to in this
report is situated in the State of California, County
of Riverside and is described as follows:
Parcel 3 of parcel Map 19978 as per Map recorded is
Bock 124 Pages 4'and 5 of Parcel Maps, in the Office
of the County Recorder of said County.
Said land is located in the City of Palm Desert.
The following legal description encompasses the
entirety of Site Area 5 on the Land Use Development
Plan.
Site Area 5
Legal Description: According to a preliminary Title
report furnished by the Continental Land Title Company
and dated April 28, 1988, the land referred to in this
report is situated in the State of California, County
of Riverside and is described as follows:
Beginning at the intersection of center lines of
Larkspur Lane and Shadow Mountain Drive, as shown on a
Map of Palm Desert on file in Book 21 pages 50, 51,
52, 53, and 54 of Maps, records of Riverside County,
California; thence South 89 35144" West, on the center
line of said Shadow Mountain Drive, 30 feet;
Thence North 00 08,35" West, parallel to said center
line of larkspur Lane, 49.96 feet to the true point of
beginning;
Thence on the arc of a circular curve concave
Northwesterly, radius 30 feet, central angle 89
53110:, semitan 19.96 feet, a distance of 31.38 feet
of the end of said curve, being a point of the
Northerly -line of said Shadow Mountain Drive;
Thence South 89 44135" West, parallel to said center
line of Shadow Mountain Drive, 759.83 feet to the
center line of an unnamed street, 60 feet in width;
Thence North 00 08135" West on said center line of
unnamed street, 600 feet, more or less, to its
intersection with the southerly line of El Paseo, as
shown on said Map of Palm Desert;
m
ORDINANCE NO. 591
Thence on the arc of a circular curve concave
southeasterly, radius 20 feet, central angle 90 06150"
semitan 20.04 feet, a distance of 31.46 feet to a
point on the westerly line of said Larkspur Lane;
Thence South 00 08'35" East, on said Westerly line of
Larkspur Lane, 560.00 feet, more or less, to the true
point of beginninq;
ORDINANCE NO. 591
Development Agreement
Attached to original Agreement
M
ORDINANCE NO. 591
THE SITE
All that certain real property and appurtenances
thereto, and all improvements now or hereafter located
thereon, situated in the County of Riverside, State of
California, and described as follows:
That portion of Section 19, Township 5 South, Range 6
East, San Bernardino Base and Meridian, according to
the Official Plat of said land approved by the
Surveyor General July 15, 1986, described as follows:
COMMENCING at the Northwest corner of thw Northwest
quarter of said Section; thence Westerly along the
North line of the Northwest quarter of said Sections,
South 89 degrees 28 minutes East, a distance of 437.02
feet; thence North 58 degrees 59 minutes East, a
distance of 417.81 feet; thence South 31 degrees 01
minutes East, a distance of 150 feet; thence South 58
degrees 59 minutes West, a distance of 162.97 feet;
thence South 89 degrees 28 minutes West, a distance of
295.68 feet to the true point of beginning:
EXCEPT that portion described as follows:
COMMENCING at the Northeast corner of said Northwest
quarter; thence along the North line of said Section
19, South 89 degrees 14 minutes 15 seconds West,
1,229.46 feet; thence South 0 degrees 11 minutes 40
seconds East, 1,150.01 feet; thence North 89 degrees
14 minutes 15 seconds East, 437.02 feet; thence North
58 degrees 45 minutes 15 seconds East, 451.37 feet to
one true point of beginning; thence south 31 degrees
07 feet 61 minutes East, 150 feet; thence North 58
degrees 45 minutes 15 seconds East, 6.20 feet; thence
North 31 degrees 14 minutes 45 seconds West, 150 feet;
thence .South 58 degrees 45 minutes 15 seconds West,
5.87 feet to the true point of beginning, as reflected
in Deed recorded June 26, 1963 in Book 3427, page 508
from Roams Construction Company to the City of
Riverside.
ALSO EXCEPTING therefrom that portion conveyed to the
County of Riverside by that Corporation Grant Deed
recorded May 11, 1966 as Instrument No. 49649,
Official Records, Riverside County records.
Said Land is located in the City of Palm Desert.
ORDINANCE NO. 591
Added Territory to Project Area No. 1
ORDINANCE. NO 591
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ORDINANCE NO. 591
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ORDINANCE NO. 591
EXHIBIT "G"
Ahmanson Commercial Development -Retail Centers
PALM DESERT PROJECT
I. Purpose of Development Standards
II. Project Introduction
A. Overview and Location
B. Site Areas and Statistical Summary
III. General Notes and Conditions
IV. General Development of Project
A.
Proposed Uses
B.
Building Square Footage Limits and '
Maximum Heights
C.
Density and Intensity of Use
D.
Open Space
V. Planning
Guidelines
A.
Purpose
B.
Site Planning and Circulation
C.
Grading/Drainage/Street Standards
D.
Landscaping, Walls and Lighting
E.
Design Concept of Buildings/Parking/
Loading Area
F.
Utility Services and Structures
G.
Project and Business Identification
VI. Plan Review Requirements
A.
Purpose
B.
Development/Precise Plan Review
Development/Precise Plan Contents
11/30/89
Z . P,-,^cse o'i Devslccment Standards
The pu—cse of the development standards for
the Project is to:
1. Provide the Developer with a planning
and development process which will
result in a Project that is -consistent
with the City's General Plan and in
furtherance of the goals of the City as
set forth in the Agreement.
2. Provide* supplemental criteria for the
use, design, density, circulation and
development c: the Site Areas (as
described in :Z.B hereof) that will
result in an aesthetically pleasing,
environmenta:ly harmonious and
commercially viable product that
expands the cocds and services
presently available to the community.
3. Ensure that development occurs in an
orderly fas::'-on through long-range
planning.
4. Encourage development that is
operational:.: functional to both the
buildinq operator and the consumer.
S. Provide for the development of the
- - Project in a manner which is consistent
with the terms and provisions of the
Agreement and the Existing Land Use
ordinances.
ORDINANCE NO. 591
I+. Pro^ect Introduction
A. over-liew
The Project presents an opportunity to
master plan the remaining large vacant
properties within the area of the City
subject to tie City's Commercial Core area
Specific Plan. The development of the
Project in accordance with the provisions of
the Agreement and these development
standards ensures the preservation of
natural open space and furthers the
development objectives of the City in an
orderly manner.
The develop-ent of the Project in accordance
with the provisions of the Agreement and the
development standards provides a number of
benefits:
1. It =aximizes the potential for high
quality economic development of the
Commercial Core Area.
2. It a:lcws for the assem:;lage of
properties into a comprehensive land use
plan which eliminates problems that
individual and isolated requests for
developments might present.
3. It addresses specific policy
recommendations of the Palm Desert
Commercial Core Area Specific Plan.
4. It provides for the dedication of
hillside preserve to the City and
thereby protects and preserves the
natural beauty of the hillside areas
bordering the Project.
S. It provides for the completion of
all necessary signalization and access
for Highway 111 from Fred Waring Drive
to Town Center Way, as provided for in
the Development Agreement.
ORDINANCE NO. 591
H. Site Areas and. Statistical Summary
The Project is divided into 6 Site Areas. The Land Use
Development Plan attac.h*d hereto as Annex 1 depicts
each Site Area.
Site Area 1
Location: SWC Highway 111 and E1 Paseo,- SE -of Palm
valley Flood Channel
Aggregate Acreage: 12.3
Site Topography: generally flat
Site Areas 2 and 3
Location: Fronting Higway 111 between Fred Waring
Drive and Palm Valley k ocd Channel
Aggregate Acreage: 51.8
Site Topography: generally flat sloping towards
southwest
Site Area 4
Location: SEC Fred Waring Drive and Town Center Way
Aggregate Acreage: 8.5
Site Topography: generally flat
Sita Araa S
Common Name: Sun Lodge Colony
Location: SWC E1 Paseo and Larkspur Lana
Acreage: 10.3 acres
Site Topography: generally flat with slight slope up
to the south
Site Area 6
Location: West of Painters Path (1988 alignment),
between Fred Waring Drive and the Palm Valley Flood
Channel.
Acreage: 54.9.
Site Topography: partially sloping and mountainous
ORDINANCE NO. 591
I:T_. General *totes
A. Pur-rCsa
This section III is included to: (i) provide
certain definitions for use with rescect to
this Exhibit "G"; (ii) to descr'_be t::e
relationship of this Exhibit "G" to the
Exisiting Land Use Ordinances and the
Building Ordinances; and (iii) provide other
miscellaneous provisions necessary to
effectuate to purposes and intent of the
Agreement.
B. General Notes
1. Terms contained in this Exhibit "G"
shall have the same meaning as defined
in the Cevelopment Agreement unless
otherwise defined herein.
2. Except as otherwise provided in this
Exhibit "G" and in the Agreement, the
development of the Project shall be in
accordance with, and the development of
the Project during the Term shall be
governed by, the Existing Land Use
Ordinances.
3. Except as otherwise provided in this
Exhibit "G" and in the Agreement, all
construction of improvements upon the
Property shall conform to the building
_._-- and construction standards established
by the Building Ordinances.
4. Whenever the provisions of this Exhibit
"G" conflict with the provisions of the
Existing Land Use Ordinances or the
Building Ordinances the provisions of
this Exhibit "G" shall be deemed to
control to the extent necessary to
effectuate the purposes and intent of
the Development Agreement.
S. The maximum aggregate allowable building
square footage for the Project shall be
846,700 s.f..
ORDINANCE NO. 591
6. Development in Site Areas 2, 3, and 4 may
accommodate all uses permitted in the PC-3
zone as identified in the Existing Land Use
Ordinances.
7. Development in Site Area 1 may accommodate
all uses permitted in the Office
Professional Zone plus retail and restaurant
uses as other-dise permitted in the PC-3
Zone. The retail and restaurant uses shall
not exceed 20% of the approved gross
building area.
8. Development on Site Area 4:
a) Special consideration shall be given to
the design of the structures on Site
Area 4, to assure the development shall
be compatible with developments east of
Fairhaven Drive on the southside of Fred
Waring Drive.
b) Unless specifically modified by the city
council as part of the development
review process, the first 100 feat of
this site adjacent to Fred Waring Drive
shall be restricted to office
professional use.
9. Development in Site Area 5 may accommodate
all uses permitted in the C-1 zone as
identified in the:Exisiting Land Use
Ordinances.
10. Parking requirements for layout and ratio
for Site Area 2 shall be based upon a
_ formula of 5.5 parking stalls for each 1000
square feet of gross leaseable area. The
standards may be reduced in the following
ratio percentage:
1000 car parking area, 10%
1500 car parking area, 12%
2000 car parking area, 14%
Over 2500 car parking area up to 15%,
subject to justification of the
findings as set forth in Section
25.58.311(8) of the Existing Land Use
ordinances.
11. Parking requirements for layouts, sizes, and
ratios for Site Areas 1, 3, 4, and 5 shall
be based upon the requirements for general
retail and office use as described in the
Existing Land Use Ordinances.
ORDINANCE NO. 591
12. Changes in t::e location or configuration of
the Site areas (and the "Buildable Zones"
within such Sita Areas, as designated on the
Lard Use Development Plan as attached
hereto) may occur as specific site plans are
developed. Any such changes will be subject
to the prior approval of the Co=unity
Development Director of the City.
13. Tentative Tract Naps may be filed and
approved subject to consistency with the
Land Use Development Plan.
14. Location and plans for any required water
reservoirs or booster stations stall be
submitted tc .he Community Deve'_cpmert
Director for approval. Said facilities may
be located in the natural open space area
indicate in the Land Use Development Plan,
subject to a=proval of the Community
Development -irector and the Coachella
Calley Water District.
15. Except as otter -wise provided herein, all
approvals of tee City, the Community
Development Director, or the Planning
Commission of tee City required as provided
herein shall ba based upon the criteria and
standards for sudh approval set forth in the
Existing Lard Use Ordinances and the
Building Ordinances.
16. Prior to the issuance of any building permit
with respect to any Site Area, a precise
development z1an for the development of an
individual Site Area, or a combination of
Site Areas, shall be submitted to and shall
be approved by the Planning Commission if
such precise development plan is consistent
with the Lard Use Development Plan and
complies with the provisions of the
Agreement.
17. The Developer shall be permitted to
establish a Project office on Site Area 5
upon execution of the Agreement by the City.
18. Site Area 6 is designated as natural open
space on the Land Use Development Plan and
shall be dedicated to the City. Such
dedication shall be the only open space
dedication or reservation of a portion of
the Property for public purposes which will
be required by the City with respect to the
e4aveloomenr n! the Project.
ORDINANCE NO. 591
19. Sizing of all backbone utility facilities shall be
predicated on the maximum density proposed for the
Project and shall not be required to be oversized
to accommodate uses other than with respect to the
Project.
20. The major access to Site Area 2 shall be via a
signalized intersection on Highway 111 as
indicated on the Land Use Development Plan.
21. all improvements required as Exactions pursuant t:
the attached Development Agreement shall be
constructed by Developer congruent with each phase
of the Project as such improvements relate
thereto, and are necessary with respect to such
phase of prcject development.
22. The terms indicated on the Land Use Development
Plan shall have the following meanings:
A. Building Zcre: The approximate area in which
the buildings within the applicable Site Area w_
be located.
B. Parking/ landscape Zone: The approximate area
in which the majority of parking stalls within the
applicable Site Area will be located.
C. Gateway =ntry% An identification element for
the Project or the City, or both, consisting of
any combination of signage, landscaping, walls,
architectural features or lighting.
A. Pronosed Uses
Site Area 1: Any or all uses permitted in the
Office Professional Zone. In addition, restaurant
and retail uses will be permitted not exceeding
20% of the approved gross building area.
Site Areas 2, 3, i 4: Any or all uses permitted in
the PC-3 zone of the Existing Land Use Ordinances.
Site Area S: Any or all uses permitted in the C-1
zone of the Existing Land Use Ordinances.
Site Area 6: Natural open space and such related
uses as set forth in Section D below and as
indicated in the Land Use Development Plan.
ORDINANCE NO. 591
B. Waximum Building Scuare Footage Limits and Max' -.jL
LL-
Ke ights
Site _e area Maximum S.F. F?e'_'"^~ Limit
1 100,000 per applicable Existing
Land Use Ordinances
2 479,400 per applicable Existing
Land Use Ordinances
3 20,000 per applicable Existing
Land Use Ordinances
4 a0,300 per applicable Existing
Land Use Ordinances
5 157,000 per applicable Existing
Land Lse Ordinances
C. Density and -ntensity of Use
The Developer shall be entitle to develop each c=
the Site Areas to the maximum building site
coverage percentage provided in the applicable
Existing Lard Use Ordinance as it pertains to the
individual Site Area. The Land Use Develocment
Plan depicts the eligible building areas within
each Site Area. In the event any Site area is
developed so as to utilize less than the total
maximum square footage listed for any such Site
Area in paragraph "B" above, then the differential
between the Site Area square footage which is
actually utilized and the applicable maximum
square footage listed above shall be transferable
in whole or in part to any other Site Area (other
than Site Area 6), provided that the resulting
maximum square footage with respect to any such
Site Area shall not exceed the maximum square
footage of use permitted with respect thereto by
the Existing Land Use Ordinances. Buildings shall
be reasonably distributed within the Site Areas to
permit ease of vehicular and pedestrian access,
circulation and egress and for proper operational
building service requirements.
Site Area 6 shall be "natural open space" as
defined in the Existing Land Use Ordinances.
Site Area 6 is established for the preservation of
open space and significant natural resources. The
intent of this area is to protect, to the extent
ORDINANCE NO. 591
Uses Permitted:
a. Bicycling and hiking trails, and directional
trail signs;
b. Local and buffer greenbelts;
c. Wildlife preserves and sanctuaries;
d. Archaeolcgical sites; -
e. Historical preserves;
f. Screening, walls, and fencing as may be
required by the Project.
g. Forest =a'_ntenance/ranger stations
h. Water reservoirs,or pumping stations as may be
required by the Project.
Site Development Standards
Site development standards in the open space
category shall be in accordance with Existing Lana
Use Ordinances.
V. ?Iarnina Guidelines
A. NX-Ala
Except as other"dise provided in the Agreement or this
Exhibit "G", the development of each Site Area within
the Project shall be subject to and controlled by the
design and development guidelines established by the
Existing Land Use Ordinances and the Building
Ordinances. The followinq guidelines are intended to be
supplemental to those established by the Existing Land
Use Ordinances and the Building Ordinances and to the
extent they are inconsistent or in conflict with the
guidelines established by the Existing Land Use
Ordinances and the Building Ordinances, these guidelines
shall be deemed controlling. Subject to the foregoing,
all development plans for each Site Area shall comply
with the following guidelines.
Access to the various Site Areas within the Project is
to be provided from the adjacent streets and Highway 11
as depicted on the Land Use Development Plan. Interior
Site Area vehicular circulation shall be patterned to
permit ease of ingress and egress as well as the
distribution of buildings in relation to parking areas
to allow for the dispersion of vehicles and pedestrians
eacR Site Area. Each Site Area shall have
ORDINANCE NO. 591
clearly defined pedestrian routes into and
throughout to Site area in order to minimize
potential points of conflict between pedestrians
and vehicles. Individual Site Area entries shall
occur at the designated locations on the Lard Use
Development Plan. Building settacks shall be as
depicted on the Land Use Develocment Plan.
Grading design shall reinforce the architectural
and landscape designs in the following ways:
A. Assist in screening parking, loading and
service areas.
B. Reduce to perception of height and mass'of
large buildings.
C. Provide a reasonable transition from the
street to to parcel.
The applican= may obtain permits for rough grading
after approval of conceptual grading plans by the
Director of =ublic Works and the Director of
Community Development.
Grading shall be permitted outside of an area of
immediate development if eonsis=ent with the
conceptual grading plan.
Drainage of surface parking areas and root areas
shall terminate at an underground storm drain
system in the public streets. Points of
_-- connection will be provided for each Site Area.
Landscape materials shall enhance the major
architectural design elements through the
coordinated use of indigenous and introduced plant
species, lighting, massing, etc. Landscaping
shall be in accordance with a Landscape Concept
Plan as provided in the Existing Land Use
ordinances. The Landscape concept Plan will be
submitted as part of the precise plan at the time
development of a site Area is proposed.
The landscape framework will visually bind the
Site Areas together while remaining compatible
with the desert environment.
ORDINANCE NO. 591
M,
The architactire of the Project shall possess an
underlying compatibility among the various
buildings thrzugh the use of similar materials,
finishes, cc=ors and amenities while allowing a
degree of flexibility for individual Site Area
expression and identity. All building designs
shall be aesthetically agreeable with the desert
environment.
Parking requirements for layouts, sizes, and
ratios for Site Areas 1,3,4 and S shall be based
upon the parking requirements for Existing Land
Use Ordinances for general retail and office.
Site Area S shall provide 200 public parking
spaces in addition to the number of spaces
required by the C-1 zone under the Existing Land
Use Ordinances for the building area.
Loading docks, service delivery areas, where
provided, are required to be screened, recessed,
and/or enclosed so as not to be visible from
adjacent streets and properties.
Loading, service and delivery areas shall not
encroach into any setback areas.
F. Utilities and Utilitv Structures
Public services and utilities will be provided by
- - the following public/private agencies unless
otherwise approved by the Director of Community
Development:
a. water - Coachella Valley Water District
b. Sewer - Coachella Valley Water District
c. Flood Control - Coachella Valley Water
District
d. Electricity - Southern California Edison
Company
e. Natural Gas - Southern California Gas Company
f. Telephone - General Telephone Company
g. Schools - Palm Sprinqs and Desert Sands
Unified School District
h. Public Parks - Coachella Recreation and Parks
District
i. Fire Protection - Riverside County Sheriff
Department
J. Police Protection - Riverside County Sheriff
Department
k. Solid Waste Disposal - Riverside County Road
ORDINANCE NO. 591
All utilities shall be installed and maintained
underground. Utility design shall not place
excessive burdens upon offsite systems.
Temporary overhead power and telephone facilities
are pe^titted during construction only.
Any device for transmission or reception of
communication signals shall be screened.
Rooftop devices shall not extend above the
building's highest architectural element or be
visible within a horizontal line of sight.
Ground -mounted devices shall be screened from vie-.,
from adjacent streets and property.
Cutdcor tras:: areas shall be visually screened by
a 6-ft.-::^.ig (minimum) , non cor..:ustible enclosure
constructed of the same materials and finishes as
the adjacent wilding. Enclosures shall be
designed and :coated so as not to be highly
visible fro- adjacent streets and property.
G. Project and =usiness Identification
Project and City entry statements composed of
signage, landscaping, architectural features, or a
combination of same, will be depicted on the
landscape concept plan. The purpose of this
element is to announce both the Project, the entry
to the City and/or the gateway to the E1 Paseo
district in a manner that furthers the
sophisticate_ image of the City.
VI. plan Review Reeuirements
A. Purpose
This section is established to ensure that the
overall purrese and intent of the Project is
satisfied and implemented in an orderly manner.
H. Development/Precise Plan Review
When the act ---al development of a Site Area is
proposed, an application for approval of a precise
plan shall be tiled with and shall be approved by
the Planning Commission if such precise plan is
consistent with the Land Use Development Plan and
complies with the provisions of the Agreement and
this Exhibit "G". A precise plan may cover one or
more Site Areas of the Project.
ORDINANCE NO. 591.
C. Precise Plan Contents
Subject to the provisions of the Agreement and
this Exhibit G the Precise Plan shall include the
requirements of Section 25.73.011 of the Existing
Land Use Ordinances.
FINANCE NO. 5-�,L____
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ORDINANCE NO. 591
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ORDINANCE. NO. 591
W.. -
PUBLIC IMPROVEMENTS
The City and the Agency desire to provide or to cause
to be provided the following public improvements to
service property within and outside of the Project.
1. The Developer will provide to the City a
temporary non-exclusive easement on Site Area
5 for use by the City for 200 public parking
spaces. Such easement shall be located
within the area designated as the "Parking
Zone" on Site Area 5 as depicted in the Land
Use Development Plan attached to Exhibit "A"
of the Development Agreement. Such easement
shall remain in existence until such time as
a specific development plan for Site Area 5
has been submitted by the Developer to the
City and has been approved by the City. The
City shall be solely responsible for the
costs of construction and maintenance of any
public parking i=provements to be located on
such easement and the Developer shall not be
responsible for any costs associated
therewith. In addition, the City shall at
its cost provide and maintain such policy or
policies of insurance (including liability
insurance) with respect to the use of such
parking facilities as are customary and the
-_-City shall provide that the Developer shall
be a co-insured with respect to all such
policies. Prior to the granting of such
easement, the City and Developer will in good
faith negotiate and enter into an agreement
which will, among other things, define the
boundaries of such easement within the
Parking Zone of Site Area 5, the duration of
the easement and the conditions and
restrictions with respect to its use; all as
contemplated by the Develcoment Agreement and
this Paragraph 1.
11/30/89
ORDINANCE. NO. 591
2. In conjunction with the construction of the
private commercial/retail facilities to be
located on Site Area 5, the Developer shall
provide a minimum of 200 public parking
spaces on Site Area 5. For the purposes of
this Exhibit "H", the term "public parking
spaces" shall mean those parking spaces
which: (i) are designated by the Developer as
available for parking by the general public;
(ii) are not designated by the Developer for
preferential or exclusive use by patrons or
employees of the private commercial/retail
facilities to be constructed on Site Area 5,
and (iii) may be used by the general public
for parking during normal business hours
without the payment of fees or charges for
such parking imposed by the Developer. Prior
to the commencement of construction of the
private commercial/retail facilities to be
located in Site Area 5, the Developer and the
City shall in good faith negotiate and enter
into an agreement which will provide, (among
other things) for (i) the designation and
location of such public parking spaces, (ii)
the improvements associated therewith, (iii)
the means of access by the public, (iv) the
conditions and restrictions with respect to
the use of such public parking spaces, and
(v) the timing of the construction of such
public spaces. The Agency and the Developer
hereby agree that The Developer is not
obligated to but may, in its sole discretion,
provide for more than the required 200 public
parking spaces, and to the extent it does so,
all of the costs incurred by the Developer
with respect to such additional public
parking spaces shall be reimbursed to the
Developer by the Agency in the same manner
and to the same extent as those costs
incurred by the Developer with respect to the
required 200 public parking spaces.
ORDINANCE NO. 591
EXHIBIT"I"
SCHEDULE OF
PERFORMANCE
I. Site Conveyance
1. Agency shall authorize
Within 10
days of
execution, and shall deliver
Agency's
public
executed copies of this
hearing.
Agreement to Developer.
2. Agency to use best efforts
Within 90
days
to negotiate and acquire
after the
written
the Site and Leasehold
request of
the
Interests.
developer
(The Notice
Date) per
Section 4.1
of the Agreement.
3. Agency shall obtain per-
Within 30
days
mission or issue pre-
after the
Notice .Date.
condemnation orders
allowing Developer access
to the site.
4. Agency commences pro- On or before the
ceedings for resolution first regular
of necessity meeting date of
the Agency fol-
lowing 90 days
after the Notice Date.
S. Developer shall deliver. Within 10 days
to the Agency an un- following sub -
conditional and irrevocable mission of
letter of credit in the amount written demand by
of $635,000 Agency and prior
to execution of
Purchase Agreement
or adoption of
resolution of necessity
6. Agency files condemnation Within 14 days
complaint of the adoption
of the resolution
of necessity.
7. Agency shall open an escrow Within 120 days
with Title Company after receipt of
Letter of Credit
11/28/89
W
ORDINANCE NO. 591
3. Esc:_-w cicses and agency
=nvleys the site fret of
leasehold interests to
Cevelccer.
II . Site Develccment
1. Cevelccer shall prepare
and submit demolition,
prelim street recon-
struction plans for the
Site.
2. agency shall approve or
disaocrcve the demolition
and preliminary street
reconstruction plans for
the Site.
3. Developer shall prepare
and submit final demolition
and street reconstruction
plans for the Site.
4. agency shall approve or
disapprove the final
demolition and street re-
construction plans for
the site.
As soon as possible,
but not later than
30 days after ac-
quisition.
Within 60 days
following close of
escrow.
Within 20 business
days of Developer's
submission.
Within 60 days
following approval of
preliminary plans.
Within 20 business
days of Developer's
submission.
3. If disapproved, Developer Within 15 days after
shall submit revised disapproval by Agency.
demolition and reconstruction
plans.
G. Agency shall approve or Within 15 days of
disapprove any revised receipt of revisions.
demolition and street
reconstruction plans.
ORDINANCE: NO. 591
Ili. Site construction
I. Develcper shall complete
demolition and clearance
of site as detailed on
demolition plan.
2. Developer shall commence
and complete the con-
struction of the initial
public improvements
referred to in the Scope
of Development.
Within 90 days
following approval
by Agency of final
drawings.
Within 180 days
following approval by
Agency of final
drawings.
3. Agency shall issue Within 30 days
Certificate of following substantial
Completion. completion of the
initial public ia-
provements.
IV. Public Improvements -Development
I. Developer shall prepare Within the later of
and submit complete dean- 30 days following
lition plans for site Area execution of the
3• Agreement or March 1,
1990.
2. Agency shall approve or
disapprove the demolition
prlan.
3. Developer shall submit Basic
Concept Drawings for pedes-
trian amenities and
location of temporary
easement of use for parkinq
Within 20 days of
Developer's submission.
Within the later of 60
days following
execution of the
Agreement or April 1,
1990.
4. Agency shall approve or dis- Within 30 days follow -
approve the Basic Concept inq Developer's sub -
Drawings for pedestrian mission.
amenities and location of
temporary easement of use.
ORDINANCE NO. 591
5. Ceveloper shall submit pre- Within 30 days of
liminary pedestrian improve- approval of the Basic
ment plan including land- Concept Drawings.
scaping lighting and sidewalks.
6. Agency shall approve or dis- Within 20 days of
approve the preliminary Developer's submission.
pedestrian improvement plans.
7. Developer shall prepare and
submit final pedestrian im-
provement plan.
3. Agency shall approve or dis-
approve the final pedestrian
improvement plan.
9. If disapproved, Cevo lcper
shall submit revised pedes-
trian improvement plan.
Within 30 days of
approval of preliminary
improvement plans.
Within 20 days of
Developer's submission.
Within 15 days of
receipt of revisions.
10. Developer shall submit Basic In accordance with the
concept Drawings for develop- Development agreement.
ment of project to include all
parking facilities and traffic
improvement and signalization
plans.
•
1. Developer shall complete
demolition and clearance
of Site Area 5.
2. Developer shall complete
construction of the
pedestrian improvement
plan.
3. Developer shall execute and
deliver temporary easement of
use for parking.
The later of 120 days
following approval of
demolition plans or
September 30, 1990.
The later of 60 days
followinq final
approval of pedestrian
improvement plans or
September 30, 1990.
No later than September
than September 30,
1990.
ORDINANCE NO. 591
4. Developer shall commence con- In conjunction with the
struction of permanent parking Site Area S project
facilities for the project Development and the
and Agency shall ter=inate Development agreement.
temporary easement of use
for parking.
S. Developer shall complete con- Within 365 days of
struction of permanent commencement of con -
parking facilities for the struction.
project.
6. Agency shall issue final Within 30 days
Certificate of Completion following substantial
for the Public Improvements completion of the
Public Improvements.
ORDWANCE No. 591
The Agency Deed
(to be inserted)
Ordinance No. 591
EXHIBIT J - THE AGENCY DEED
EXHIBIT K - LETTER OF CREDIT
EXHIBIT L - SCHEDULE OF PERMITTED EXCEPTIONS
ON FILE AT CITY CLERK'S OFFICE
ORDINANCE NO. 591
SCOPE OF DE'JELOPMENT,
MINIMUM DEVELOPMENT REQUIREMENTS
AND PUBLIC IMPROVEMENTS
A. GENERAT.
The Site is approximately one acre and is a
portion of the 49.8 acre Site Area 2 of the Land
Use Development Plan and is situated in the
northeast portion of Site Area 2, with 150 feet of
lineal footage fronting on Highway 111 (the
"highway 111 Frontage"). The Site is to be
developed in conjunction with the development of
Site Area 2 in accordance with the Development
Agreement and the Land Use Development Plan.
Developer shall construct and develop on the Site,
at a minimum, the following:
1. Demolition, clearance and rough grading of
the Site as necessary to prepare the Site for
commercial development --as contemplated by the
Development Agreement;
2. Reconstruction of t
includinq such
---reconstruction, and
qutters, sidewalks,
systeas, highway
stripinq and utility
to integrate the
Highway 111 Frontage.
11/30/89
he Highway 111 Frontage,
highway surface
reconstruction of curbs,
irrigation, drainage
or directional signage,
connections as necessary
site with the existing
ORDINANCE. NO. 591
• * B • - ti V : • r! ill
Upon approval of the applicable Plans by the City,
the Developer shall construct and develop, on a
phased basis in accordance with the Development
Agreement those structures, improvements, parking
areas, landscaping, irrigation and drainage
systems, sidewalks, and other supporting utility
systems and infrastructure necessary to integrate
the Site with the phased development of Site Area
2.
1. The Public Improvement as provided for in
Exhibit "H", public Zmprovements Number 1, of
this Agreement.
2. The Public Improvement as provided for in
Exhibit "H", BSc Imnrovements Number 2, of
this Agreement.
ORDINA• .:E NO. 591
EXHIBIT N - PROMISSORY NOTE
ON FILE AT CITY CLERK'S OFFICE