HomeMy WebLinkAboutORD 715ORDINANCE NO. 715
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Y. AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA,
APPROVING A DEVELOPMENT AGREEMENT
,CITY OF PALM DESERT BETWEEN THE CITY OF PALM DESERT AND LOWE
73-510 FRED WARING DRIVE RESERVE CORPORATION PERTAINING TO FUTURE
PALM DESERT, CA 92260-2578 , DEVELOPMENT OF A 43 LOT SINGLE FAMILY
SUBDIVISION ON 55 ACRES COMPRISING A
PORTION OF A PROJECT KNOWN AS "THE
RESERVE" LOCATED EAST OF PORTOLA AVENUE,
SOUTH OF THE LIVING DESERT.
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RECEIVED FOR RECOR
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JUL 231993
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WHEREAS, the City Council of the City of Palm Desert, California,
did on the 22nd day of April, 1993, hold a duly noticed public hearing
to consider the request of LOWE RESERVE CORPORATION for the above
mentioned project; and
WHEREAS, said application has complied with the requirements of
the "City of Palm Desert Procedures to Implement the California
Environmental Quality Act, Resolution No. 80-89", in that the director
of community development has determined that the project has been
previously assessed as part of overall project approved by the City of
Indian Wells and no further documentation is necessary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Desert, California, as follows:
1. That the .above recitations are true and correct and
constitute the findings of the city council in this case.
2. That Development Agreement, Exhibit "A" attached hereto, is
hereby approved.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert City Council, held on this 13th, day of May, 1993, by the
following vote, to wit:
AYES:
CRITES,
NOES:
NONE
ABSENT:
NONE
ABSTAIN:
SNYDER
T:_
KELLY, WILSON, BENSON
SHEILA R. LIGAN, C,f Clerk
City of Pa Desert, lifornia EACH DOCUMENT TO WHICH TI?IS CERTIFICATE IS
Y ATTI+.CHED, IS CERTIFIED TO BE A FULL, TRA AND
CO�:� EST CIiPy OF ORlui�lAl ON FILE ASD ON
RECOi1D Iid my OFFICE.
Dated:
SHEILA R. GILLIGAN, City Clerk
arnia
City of Pa Calii
By: 1
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City of Paln
Attn: Bruce
73-510 Fred
Palm Desert,
Desert
Altman
Waring Drive
CA 92260
283911
(Above Space for Recorder's Use Only)
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("A reement") is made and
entered into this- day of 1993 ("Reference
Date"), by and between the CITY OF PALM DESERT, a California
municipal corporation ("City"), and LOWE RESERVE CORPORATION, a
California corporation ("Developer") and is made with reference to
the following background facts and circumstances:
RECITALS
California Government Code Section 65864, et sea.,
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 local government. Pursuant to California
Government Code Section 65865, City has adopted an Ordinance and
regulations establishing procedures and requirements for the
approval of development agreements.
City desires to enter into this Agreement with Developer
in order to facilitate the development of certain property located
within the City of Palm Desert, more fully described in Exhibit "A"
and shown on the map set forth on Exhibit "B", both attached
hereto. The overall project will consist of a residential
subdivision project with golf, tennis, and other recreational
amenities (the "Project"). The Project will be constructed on real
property located in two cities (the "Site"). A majority of the
Site is located outside of the City in the City of Indian Wells;
however, approximately 55 acres of the Site is located within the
city limits of City (the "Portion of the Site Within the City").
Developer desires to use the Portion of the Site Within the City
for development as a part of the Project. Developer has obtained
development entitlements from the City of Indian Wells and has
entered into a development agreement with that city and an owner
participation agreement with its redevelopment agency. Developer
now has either an equitable interest or an ownership interest in
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the entire Site, it having ownership of portions of the Site or
rights to acquire portions of the Site pursuant to option
agreements or agreements to purchase. Developer and City have
determined that the Site is best suited to development as a
residential subdivision project with golf, tennis, and other
recreational amenities and that the Portion of the Site Within the
City is best suited to development as a part of the Project. 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 ordinance and regulations relating to
development agreements and has found that the provisions of this
Agreement and its purposes are consistent with the objectives,
policies, general land uses and programs specified in City's
General Plan, as amended pursuant to City ordinance by which this
Agreement is approved.
Development of the Site, which is a vacant area, requires
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, 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 to such development over which
City has control. Developer's work in connection with the Project
shall include demolishing any and all structures which exist on the
Site, developing the improvements referred to herein as the
"Developer Improvements". The Developer Improvements include the
rough grading, roads and streets, utilities, finished pad grading,
storm sewers, drainage gutters, storm water and flood control
facilities, water system facilities and all other improvements
deemed necessary by Developer or required by City or the City of
Indian Wells to prepare the Site for development as a residential
subdivision. In addition, the Developer Improvements include a
championship golf course and driving range, a country club building
with food service, tennis courts, swimming pools and other
recreational amenities. As permitted by law, City and Developer
desire to establish design and development standards for that
portion of the Project located within the Portion of the Site
Within the City (the "City Portion of the Project"), the permitted
uses for the City Portion of the Project, and to identify the scope
of improvements to be required for, and as a result of, the City
Portion of the Project and, where appropriate, to provide for the
waiver of payment of certain fees.
City, by electing to enter into contractual agreements
such as this one, acknowledges that the obligations of City shall
survive beyond the terms of the present City Council members, that
such action will serve to bind City and future Councils to the
obligations thereby undertaken, and this Agreement shall limit the
future exercise of certain governmental and proprietary powers of
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City. By approving this Agreement, City Council has elected to
exercise certain governmental powers at the time of entering into
this Agreement rather than deferring its actions to some
undetermined future date. The terms and conditions of this
Agreement have undergone extensive review by City and its 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 obligation. City
acknowledges that Developer would not consider or engage in the
Project without the assurances of development entitlements which
this Agreement is designed to provide.
This Agreement will promote and encourage the development
of the Site and the City Portion of the Project by providing
Developer and its creditors with a greater degree of certainty of
Developer's ability to expeditiously and economically complete the
development effort, and the parties 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. The Agreement pertains
to the Portion of the Site Within the City as a part of the overall
Site as described in Exhibit "A". The burdens of the Agreement are
binding upon, 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 Portion of the Site Within
the City, and in order to provide continued notice thereof, this
Agreement will be recorded by the parties. The rights and
obligations of Developer under this agreement shall be conditional
on Developer acquiring ownership of all property constituting the
Site, provided that Developer may advise City that it has acquired
less property than that constituting the Site but that in
Developer's opinion the deficiency is not material and in that
event, said condition shall be deemed satisfied.
2. Relationship of the Parties. It is hereby
specifically understood and acknowledged that the Project and
Portion of the Site Within the City is a private project 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
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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. The "Effective Date" of this Agreement is the
date shown on the signature page hereof.
3.2. The term ("Term") of this Agreement is ten (10)
years from the Effective Date, subject to earlier termination
or extension as hereinafter provided.
3.3. Pursuant to Section 66452.6(a) of the
California Government Code (a part of the Subdivision Map
Act), the time for the approval by City of any tentative,
final or parcel map prepared with respect to the Portion of
the Site Within the City shall be extended for a period equal
to the period this Agreement remains in effect. Such time for
approval, and the term of this Agreement, shall be extended
and remain in effect for an additional period of time equal to
the period of any injunction or moratoria affecting the
issuance of grading, building or any other permits or
entitlements which are necessary to the development of the
City Portion of the Project or any structure to be constructed
within the City Portion of the Project.
4. Development of the Site.
4.1. Entitlement Applications for the Project.
Developer has submitted to City applications and supporting
materials relating to the Project consisting of an application
for a general plan amendment (the "General Plan Amendment"),
an application for a zone change (the "Zone Change"), an
application for approval of a tentative tract map (the
"Tentative Tract Map") and an application for approval of a
precise plan (the "Precise Plan"). The City of Indian Wells
has certified the Final EIR relating to the Project. That
city has also approved the Developer's conditional use permit,
general plan amendment and zone change, all relating to the
development of the Site for two hundred fifty (250)
residential units with recreational amenities. The City
Portion of the Project shall be developed on the Portion of
the Site Within the City as established in the approved
Tentative Map, the General Plan Amendment and the Zone Change,
except for such changes which may be mutually agreed upon
between Developer and City.
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5. Project Approval. The following elements of the
Project are hereby approved:
5.1. Permitted Uses of the Portion of the Site
Within the City. The parties agree that the permitted use of
the Portion of the Site Within the City shall be a residential
subdivision with recreational amenities including, without
limitation, golf and related facilities, tennis, swimming and
uses that are compatible therewith.
5.2. Density or Intensity of Use. The parties
agree that the maximum densities for the permitted uses of the
Portion of the Site Within the City shall be as specified in
the approved Tentative Map and the General Plan Amendment and
the Zone Change, except for such changes which may be mutually
agreed upon between Developer and City. The parties
acknowledge that it is their agreement, hereby incorporated
herein, that the maximum number of units to be located on the
Portion of the Site Within the City shall be 43 and that there
shall be a maximum of 5 rather than 6 units located in the
area adjacent to and on the easterly side of the fourth
fairway. The specific locations of land uses as depicted on
the land use maps may vary. The Community Development
Director may make a finding of substantial conformance to the
approved land use map if subsequent land use analyses
presented indicate that an environmentally superior plan would
result and no further action is necessary.
5.3. Term of Approvals. The matters of density,
permitted uses, the mixes of such uses and all matters
permitted under the Tentative Tract Map shall be and remain as
permitted under the Tentative Tract Map, the General Plan
Amendment and the Zone Change (subject to any conditions
stated in any of them) during the Term of this Agreement.
5.4. Exhibits. References in this section 5 to
Zone Change, the General Plan Amendment and the Tentative
Tract Map are to those items, copies of which are labeled and
attached hereto as follows: Exhibit "C-1" - the zone change
ordinance; Exhibit "C-2" - the resolution adopting the
Tentative Tract Map; Exhibit "C-3" - the resolution adopting
the General Plan Amendment.
6. Reservations and Dedications. It is hereby further
understood and agreed that no reservations or dedications of land
will be required by City during the Term except as otherwise agreed
to in writing by City and Developer.
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7. Non -Payment of Certain Development Fees.
7.1. Mitigation. Developer shall contribute the
following:
7.1.1. Public works. Developer will
contribute a maximum of $116,250 to the City in
mitigation of traffic impacts that will result from the
Project, such amount to be for four improvement projects
identified as: (i) Portola/Fairway Drive signalization;
(ii) Portola/Haystack signalization; (iii) Haystack/
Highway 74 signalization, and; (iv) intersection
improvement at Portola/Highway 111. When a grading
permit is first issued relating to the Project by the
City, Developer will pay an amount equal to 25% of
$116,250 with City ($29,062.50); the balance of the
$116,250 ($87,187.50) shall be paid by Developer to City
one year thereafter. In the event said traffic
improvements are not constructed, said fees may be used
for other street improvements in the previously mentioned
streets and as identified in the City's adopted general
plan, including but not limited to: construction of
sidewalks along gaps of Portola Avenue and extension of
Fairway Drive sidewalk eastward to Lantana and
construction of curb and gutter with tie-in paving along
the south side of Haystack west of Portola Avenue.
7.1.2. Developer will build a park on City -
owned land at the northwest corner of Haystack and
Portola according to designs and specifications to be
submitted by it and approved by the City, at a maximum
cost to Developer of $70,000. Construction of the park
will begin at the time work begins on Developer's Project
and construction will be diligently performed to
completion with circumstances beyond Developer's control
excepted. Included in the design and cost of the park
will be a sculpture treatment, the design of which shall
also be subject to City approval. The construction of
the park and the inclusion of the sculpture will satisfy
the obligation of the Developer or anyone building within
the City Portion of the Project for all park fees and all
art in public places fees."
8. Processing of Applications and Permits. City will
accept and shall diligently process all applications for permits or
other entitlements with respect to the City Portion of the Project
and the use of the City Portion of the Project in accordance with
this Agreement. If requested by Developer, City will initiate or
cause to be initiated all necessary legal proceedings pursuant to
the Benefit Assessment Act of 1982 (Government Code sections
54720), or any other applicable provisions of law, to include the
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Portion of the Site Within the City in a maintenance district for
purposes of funding the ongoing maintenance of flood control
facilities of benefit to the Portion of the Site Within the City.
To the extent such proceedings are initiated and completed by the
Coachella Valley Water District, City legally consents to the
inclusion of Landowner's property in such maintenance district.
9. Design Review. Nothing set forth herein shall
impair or interfere with the right of City to require the
processing of building permits as required by law and to conduct
its design review of any specific improvements proposed for the
Portion of the Site Within the City pursuant to the applicable
provisions of the City's Municipal Code which are in effect at the
time such review is conducted; provided, however, no such review
shall authorize or permit City to impose any condition and/or
withhold approval to any proposed improvement the result of which
would be inconsistent with the Tentative Map, the Zone Change or
the General Plan Amendment or the provisions of this Agreement.
10. Easements. It may be that easements on property
adjacent to the Site will be required in order for Developer to
complete grading for the Developer Improvements. City shall
cooperate with Developer in efforts to obtain any required
easements within the City, including, without limitation, the
exercise by City of its power of eminent domain (provided that the
City's legislative body then adopts appropriate resolutions
relating to its exercise of that power) but provided that City
shall not be obligated to incur any expense in connection with such
cooperation. City shall cooperate with Developer in connection
with the abandonment of existing utility or other easements and
facilities and the relocation thereof or creation of any new
easements within the City necessary or appropriate to the
development of the City Portion 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.
11. Assignment. The parties hereto acknowledge and
agree that Developer may sell, lease or otherwise transfer all or
any portion of the Site to other individuals or entities for
development. Prior to any such transfer, City shall have the right
to review and approve such transfer, which approval shall not be
unreasonably withheld. Such purchasers, assignees, transferees or
lessees of all or any portion of the Site are herein collectively
referred to as "Assignee". Developer's rights 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 of this Agreement.
Any Assignee of Developer's rights under this Agreement shall
execute and deliver to City an agreement in writing (on a form
reasonably acceptable to City) assuming Developer's obligations
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under this Agreement as they relate to the rights being assigned by
Developer to such Assignee. Notwithstanding the foregoing, City
approval shall not be required for transfers of single-family homes
or lots for construction of single-family homes after a final map
has been recorded and the Developer Improvements have been
completed or bonded for.
12. Periodic Review of Compliance. In accordance with
Government Code Section 65865.1, City Council shall review this
Agreement at least once each calendar year hereafter. 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 shall be deemed to be in good
faith compliance with this Agreement if City is not entitled by the
terms and provisions of this Agreement to terminate this Agreement.
13. 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.
13.1. Any amendment to the Agreement which does
not relate to the Term, permitted uses, density of use,
provisions for reservation of land, conditions, terms,
restrictions and requirements relating to subsequent
discretionary actions or any conditions or covenants relating
to the use of the Portion of the Site Within the City shall
not require a public hearing before the parties execute an
amendment hereto; the parties shall cooperate in any such
amendments in order to carry the spirit and intent of this
agreement into effect.
13.2. Any insubstantial deviations from the
terms of this Agreement do not require an amendment to this
Agreement. Before any such insubstantial deviation is
implemented, the other party must be given notice of such
contemplated deviation. Such deviations which are not
consented to will require submission to the amendment process.
14. Vesting of Project Rights.
14.1. General Statement. As a material
inducement to Developer and its lenders to continue with
diligent efforts to promote the development of the Site, City
desires to cause the current General Plan and zoning
classification as they relate to the Portion of the Site
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Within the City, and the approved Tentative Map, to be deemed
vested in Developer, as of the date of this Agreement. City
covenants that it will not, so long as this agreement remains
in effect, change its general plan or change the applicable
zoning as they relate to the Portion of the Site Within the
City.
14.2. Existing Rules to Govern. In accordance
with the terms of Government Code Section 65866, City and
Developer agree that the General Plan and zoning
classification in effect as of the Effective Date, together
with the Tentative Map ("Existing Project Regulations"), shall
govern during the Term of this Agreement. Existing Project
Regulations shall include those relating to height limits, set
backs, density, building site coverage, minimum site area per
dwelling unit and minimum lot area, depth and width. Except
as otherwise provided in this Agreement, no amendment to,
revision of or addition to the General Plan, zoning
classification and/or the Tentative Map, without Developer's
written approval, whether adopted or approved by the City
Council or any office, board, commission or other agency of
City, or by the people of City through charter amendment or
initiative measure, shall be effective or enforceable by City
with respect to the Portion of the Site Within the City.
14.3. Exclusions from "Existing Protect
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 of
the Portion of the Site Within the City in accordance with
this Agreement and the General Plan Amendment, the Zone
Change, the Precise Plan and the Tentative Tract Map.
Developer and its successors and assigns and all persons and
entities in occupation of any Portion of the Site Within the
City 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:
14.3.1. building, electrical, mechanical,
fire and similar codes based upon uniform codes
incorporated by reference into the Palm Desert Municipal
Code;
14.3.2. laws, including zoning code
provisions, which regulate the manner in which activities
may be conducted or which prohibit any particular type of
activity on a city-wide basis, in a particular zone, or
on some other valid, non-discriminatory basis;
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14.3.3. procedural rules and establishment
and increase of fees or charges applicable to the Portion
of the Site Within the City.
15. 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, its Redevelopment Agency or any
instrumentality thereof, prevents or precludes compliance with one
or more provisions of this Agreement as a matter of law, the
parties shall:
15.1. 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;
15.2. 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 City Council, upon thirty (30)
days notice, for the purposes of determining the exact
modification or 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.
16. Indemnification During Construction. During the
period of construction on the Site and until such time as Agency
has issued a certificate of completion with respect to the
construction of all of the Developer Improvements thereon pursuant
applicable provisions of this Agreement, 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 Agency or City, or
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their respective agents, officers, servants, employees or
contractors. City shall not be responsible for any acts, errors or
omissions of any person or entity except City and its agents,
officers, servants, employees or contractors.
17. 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 act
of God, war, acts or omissions of City or Agency, 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 Portion of the Site Within the City, 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.
18. 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
telefacsimile ("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: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92210
Attention: City Manager and City
Attorney
Telephone: (619) 346-0611
FAX Number (619) 341-7098
With a copy to: Best, Best & Krieger
Attn: Douglas Phillips
39-700 Bob Hope Drive
Rancho Mirage, CA 92270
FAX Number (619) 340-6698
If to Developer: Lowe Reserve Corporation
Attn: Peter Del Franco
11777 San Vicente Boulevard
Suite 900
Los Angeles, CA 90049
Telephone: (310) 820-6661
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With a copy to: Lowe Reserve Corporation
Attn: Theodore R. Lennon
P.O. Box 1650
Rancho Mirage, CA 92270
Telephone: (619) 779-1646
FAX No.: (619) 779-1469
with a copy to: Crandall & Traver
Attn: Lynn D. Crandall
43-645 Monterey Avenue
Suite D
Palm Desert, California 92260
Telephone: (619) 346-7557
FAX No.: (619) 773-3589
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.
19. Breach and Remedies. Notwithstanding any provision
of this Agreement to the contrary, Developer shall not be deemed to
be in default under this Agreement, and City may not terminate
Developer's rights under this Agreement unless City shall have
first delivered a written notice of any alleged default to
Developer, which shall specify the nature of such default. If such
default is not cured by Developer within sixty (60) days after
receipt of such notice of default, or with respect to defaults
which cannot be cured within such period, Developer fails to
commence to cure the default within thirty (30) days after receipt
of the notice of default, or thereafter fails to diligently pursue
the cure of such default until completion, City may terminate
Developer's rights under this Agreement. 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 and specific enforcement of this Agreement
are proper and desirable remedies, and it is agreed that any claim
by Developer 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.
20. Reference. It is the desire of the parties to
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LDC\061793\6278\08DEVEL. A8
283911
quickly resolve any dispute as quickly as possible and with as
little expense as possible. Accordingly:
20.1. 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 sea. 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 in any court or jurisdiction
other than the Superior Court of Riverside (the "Court"). 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 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, by filing a
petition for a hearing and/or trial ("Claim Date"). 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.
20.2. 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
Page 13
LD006179316278 N08DE V EL. A8
283911
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. 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.
20.3. 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.
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. 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.
20.4. 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.
20.5. 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 20:
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
Page 14
L DC \061793 \6278\08DE V EL. A 8
283911
GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE
LIQUIDATED IN A COURT OR JURY TRIAL. BY INITIALLING 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
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
21. 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.
22. 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.
23. Attorneys' Fees. If legal action, including an
arbitration or reference proceeding, is taken to enforce or
interpret any provision of this Agreement, then the prevailing
party in such action will be entitled to recover from the losing
party all attorneys' fees, court costs and necessary disbursements
in connection with such action.
24. 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.
25. Acceptance of Agreement by City. This Agreement,
when executed by Developer and delivered to City, must be
authorized, executed and delivered by City within thirty (30) days
Page 15
L )C\061793\6278\08DEVEL.A8
283911
after the date of signature and submission by Developer to City, or
such later time as the parties may agree, or this Agreement may be
terminated by Developer on written notice to Agency. The
"Effective Date" of this Agreement shall be the date when the
Agreement shall have been signed by City after its approval by the
City Council, which date shall be entered in the space adjacent to
the signature block for City below.
26. Miscellaneous. Developer will cause the street
address of the Project to be located within the City of Palm Desert
and will utilize that address in its advertising. The 43 units
built in the City will forever remain in the City.
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: 1.z'-YL�m-
JUNE 12 �
ayor, City of Palm Desert
,
19g� /
Attest:
ter_.
Bruce A
City Manager
Approved as to form:
L
ougl S. Phillips /
Deputy City Attorney �
Page 16
LDC\061793\6279\09DE V EL-A8
"DEVELOPER" LOWE RESERVE CORPORATION, a 283911
California corporation
Date of Submission by
Developer:
By:
Th dore R. Lennon, President
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On )- I/, y 1, 1993, before me, (name of notary)
iAOL�15��" a notary public, personally
appeared personally
known to me (or proved to me on the basis of satisfactory evidence)
to be the person(zl whose name(zl is/awe subscribed to the within
instrument and acknowledged to me that he/zkte/tbaey executed the
same in his/1),er/t4a-iY authorized capacity (i-d's') , and that by
his/]:�eT /t4e,fr signature CsI on the instrument the person (z�, or the
entity upon behalf of which the person(X) acted, executed the
instrument.
ial seal.
Dolores M. Ellison ;
Comm. M9649U
NOTARY PUBLIC CALIFORNIAAW j
LxELES COUNTY l� LW -
My Comm.m Expires April 28. 19��
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On -J �i�'l 13 1993, before me, (name of notary)
Prr2`1 72-f)- �,yE a notary public, personally
appearedI 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 signatures) on the instrument the person (s), or the
Page 17
LDC \061793 \6278\08DE V EL . A 8
283911
entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
is ;:/i \� .. � •( _ ..: i�!,
�� ���, L�.�.,•,.. - ` . r.. h ..- i, Ltd
Y
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
L
On 1993, before me, (name of notary)
a notary public, personally
appeared r 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.
Page 18
LDC\061793\6278\08DE V EL. A8
283911*
PARCEL 1
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 5
SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING
TO UNITED STATES GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING ON THE EAST LINE OF SAID NORTHEAST QUARTER SOUTH 00
DEG:-r=S 56' 12" EAST 1,359.42 FEET FROM THE NORTHEAST CORNER
THEREOF;
THENCE SOUTH 00 DEGREES 56' 12" EAST 1, 010.78 FEET ON SAID EAST
LINE TO A POINT THEREOF NORTH 00 DEGREES 56' 12" WEST 309.22 FEET
FROM THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 18 DEGREES 46' 13" WEST 326.14 FEET TO A POINT ON
THE SOUTH LINE OF SAID NORTHEAST QUARTER WHICH BEARS NORTH 89
DEGREES 48' 05" WEST 110.00 FEET FROM SAID SOUTHEAST CORNER OF
THE NORTHEAST QUARTER;
THENCE NORTH 89 DEGREES 48' 05" WEST 1,226.03 FEET ON SAID SOUTH
LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST CORNER OF THE EAST
HALF OF SAID NORTHEAST QUARTER;
THENCE CONTINUING NORTH 89 DEGREES 48' 05" WEST 292.09 FEET ON
SAID SOUTH LINE OF THE NORTHEAST QUARTER;
THENCE NORTH 15 DEGREES 44' 52,TOO.54 FEET TO THE COACHELLATHE
VALLEY
NORTHERLY CORNER OF THE LAND CONVEYED
COUNTY WATER DISTRICT BY DEED RECORDED MAY 25, 1962 AS INSTRUMENT
NO. 48847 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
ALSO BEING, FOR THE PURPOSES OF THIS DESCRIPTION, THE MOST
SOUTHERLY CORNER OF THE LAND CONVEYED TO SILVER SPUR PROPERTIES
BY DEED RECORDED MAY 25, 1962 AS INSTRUMENT NO. 48909 OF OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE CONTINUING NORTH 15 DEGREES 44' 52" EAST 1,319.66 FEET ON
THE SOUTHEAST LINE OF SAID LAND CONVEYED TO SILVER SPUR
PROPERTIES TO A LINE WHICH BEARS NORTH 46 DEGREES 22' 00" WEST
FROM THE POINT OF BEGINNING;
THENCE SOUTH 46 DEGREES 22' 00" EAST 1,345.82 FEET ON LAST SAID
LINE TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION WITHIN PORTOLA AVENUE AS DESCRIBED IN
DECLARATION OF DEDICATION RECORDED JULY 26, 1973 AS INSTRUMENT
NO. 98283 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
EXHIBIT.:
283911
PAP('PT. 7
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 32, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE
AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY
THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 32;
THENCE ALONG THE EASTERLY LINE THEREOF, NORTH 0 DEGREES 56' 12"
WEST 309.22 FEET;
THENCE SOUTH 18 DEGREES 46' 13" WEST 326.14 FEET TO THE SOUTHERLY
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32;
THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89 DEGREES 48' 05" EAST
110.00 FEET TO THE POINT OF BEGINNING.
283911
RESOLUTION NO. 93-31
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, 283911
APPROVING AN AMENDMENT TO THE GENERAL
PLAN FROM PUBLIC FACILITIES TO VERY LOW
DENSITY RESIDENTIAL 1-3 DWELLING UNITS
PER ACRE FOR 55 ACRES SOUTH OF LIVING
DESERT, EAST OF PORTOLA AVENUE.
CASE NO. GPA 93-1
WHEREAS, the City Council of the City of Palm Desert, California,
did on the 22nd day of April, 1993, hold a duly noticed public hearing
to consider the request of LOWE RESERVE CORPORATION for a general plan
amendment from Public Facilities to Very Low Density Residential 1-3
dwelling units per acre; and
WHEREAS, said 55 acres is shown in more detail on attached Exhibit
"A"; and
WHEREAS, said application has complied with the requirements of
the "City of Palm Desert. Procedures to Implement the California
Environmental Quality Act, Resolution No. 80-89", in that the director
of community development has determined that the project has been
previously assessed as part of overall project approved by the City of
Indian Wells; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard,
said city council did find the following facts and reasons to justify
approval of the general plan amendment:
1. The density resulting from the general plan amendment would
be compatible with densities and uses permitted in the
adjacent areas.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and
constitute the findings of the city council in this case.
2. That it does hereby approve the above described General Plan
Amendment No. 93-1, subject to fulfillment of the attached
conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert City Council, held on this 22nd, day of April, 1993, by the
following vote, to wit:
AYES:
CRITES,
NOES:
KELLY
ABSENT:
SNYDER
ABSTAIN:
NONE
AT
WILSON, BENSON
EILA R.YtLLIGAN ity Clerk EXHIBIT "C-1"
City of P Desejktj California
4
r—lr—}..mr—� -1 MAT .
� — AVENUE
1
y1M0
r
VA ZI
� j ► �`f'�\\ ram`'%/
1 0/
�.R.-7
I i
(,IRON�IVO6D COUI
/ 283911
LIVINW 1
DESERT
I
CITY OF PALM DESERT Case No. CITY COUNCIL
GEN. PLAN AMEND. RESOLUTION
p
L�D) Date 04/22/93
� `�j-
u EXHIBIT "C-1"
93-
N Q-,--
RESOLUTION NO. 93-32
A RESOLUTION OF THE CITY COUNCIL OF THE
283911
CITY OF PALM DESERT, CALIFORNIA,
APPROVING A 43 LOT SINGLE FAMILY
SUBDIVISION SURROUNDING THREE GOLF HOLES
COMPRISING A SECTION OF "THE RESERVE".
CASE NO. TT 27710
WHEREAS, the City Council of the City of Palm Desert, California,
did on the 22nd day of April, 1993, hold a duly noticed public hearing
to consider the request of LOWE RESERVE CORPORATION for a 43 lot single
family subdivision surrounding three golf holes, comprising a section
of "The Reserve"; and
WHEREAS, said application has complied with the requirements of
the "City of Palm Desert Procedures to Implement the California
Environmental Quality Act, Resolution No. 80-89", in that the director
of community development has determined that the project has been
previously assessed as part of overall project approved by the City of
Indian Wells; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard,
said city council did find the following facts and reasons to justify
approval of the tentative tract map:
(a)
That the proposed map is consistent
with applicable general
and specific plans.
(b)
That the design or improvement of the
proposed subdivision is
consistent with applicable general and specific plans.
(c)
That the site is physically suitable
for the type of
development.
(d)
That the site is physically suitable
for the proposed density
of development.
(e)
That the design of the subdivision
is not likely to cause
substantial environmental damage
or substantially and
avoidably injure fish or wildlife or their habitat.
(f)
That the design of the subdivision
is not likely to cause
serious public health problems.
(g)
That the design of the subdivision
will not conflict with
easements, acquired by the public
at large, for access
through or use of property within the proposed subdivision.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and
constitute the findings of the city council in this case.
2. That it does hereby approve the above described Tentative
Tract Map 27710, subject to fulfillment of the attached
conditions.
EXHIBIT "C-2"
RESOLUTION NO. 93-32
283911
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert City Council, held on this -22nd, day of April, 1993, by the
following vote, to wit:
AYES: CRITES, WILSON, BENSON
NOES: KELLY
ABSENT: SNYDER
ABSTAIN: NONE
SHEILA R-:--LLIGA�T, City Clerk
City of P m Des4r
pt, California
JEAN X4. BENSON, Mayor
2
EXHIBIT "C-2"
RESOLUTION NO. 93-32
CONDITIONS OF APPROVAL 283911
CASE NO. TT 27710
Department of Community Development/Planning:
1. The development of the property shall conform substantially with
exhibits on file with the department of community
development/planning, as modified by the following conditions.
2. Recordation of the map shall occur within two years from the date
of final approval unless an extension of time is granted;
otherwise, said approval shall become null, void and of no effect
whatsoever unless a development agreement is adopted which will
supersede this condition.
3. The development of the property described herein shall be subject
to the restrictions and limitations set forth herein which are in
addition to all municipal ordinances and state and federal statues
now in force, or which hereafter may be in force. Applicant
and/or their successor shall pay all city fees in effect when the
building permits for this development project are issued.
4. Prior to issuance of a building permit for construction of any use
contemplated by this approval, the applicant shall first obtain
permits and/or clearance from the following agencies:
Coachella Valley Water District
City Fire Marshal
Public Works Department
Evidence of said permit or clearance from the above agencies shall
be presented to the department of building and safety at the time
of issuance of a building permit for the use contemplated
herewith.
5. Development standards shall be per city code with the exception
that maximum building height shall be 18 feet and there will be no
maximum lot coverage.
6. Add to section seven of "The Reserve" development agreement
traffic mitigation fees:
In the event said traffic/improvements are not
constructed, said fees may be used for other
street improvements on previously mentioned
streets and as identified in the city's adopted
general plan, including but not limited to:
construction of sidewalks along gaps of Portola
3
EXHIBIT "C-2"
RESOLUTION NO. 93-32
Avenue and extension of .Fairway Drive sidewalk 283911
eastward to Lantana; and construction of curb and
gutter with tie-in paving along the south side of
Haystack west of Portola Avenue.
Department of Public Works:
1. Drainage fees in accordance with Palm Desert Municipal Code
Section 26.49 and Ordinance No. 653 shall be paid prior to
issuance of any permits associated with this project or
recordation of the Final Map, whichever occurs first. Subject to
the approval of the city council, drainage mitigation fees
associated with this project may be used to offset costs
associated with the installation of project specific storm drain
systems provided that it can be demonstrated that such a system
provides improved levels of protection for downstream properties.
2. Any drainage facilities construction required for this project
shall be contingent upon a drainage study prepared by a registered
civil engineer that is reviewed and approved by the Department of
Public Works prior to start of construction. The subject study
shall include analysis of the upstream and downstream drainage
conditions as they impact this project and existing development.
3. Signalization fees, in accordance with City of Palm Desert
Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance
of any permits associated with this project.
4. The project shall be subject to Transportation Uniform Mitigation
Fees (TUMF), residential classification. Payment of said fees
shall be at the time of building permit issuance.
5. 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 a grading
permit.
6. As required under Palm Desert Municipal Code Section 26.28, and in
accordance with Sections 26.40 and 26.44, complete improvement
plans and specifications shall be submitted to the Director of
Public Works for checking and approval before construction of any
improvements is commenced. Offsite improvement plans to be
approved by the Public Works Department and a surety posted to
guarantee the installation of .required offsite improvements prior
to permit issuance.
7. All public and private improvements shall be inspected by the
Department of Public Works and a standard inspection fee shall be
paid prior to issuance of grading permit.
n
EXHIBIT "C-2"
RESOLUTION NO. 93-32
283911
8. Full improvements of interior streets based on residential street
standards in accordance with City standards or as approved by the
city engineer shall be provided. The proposed interior street
sections for Streets "A" through "D" are acceptable for this
project.
9. Landscaping maintenance on the property frontage shall be provided
by the property owner.
10. 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 as appropriate. Project
specific public improvements shall include, but not be limited to,
the construction of acceleration/deceleration lane for the project
entry, modification of the existing landscaped median island in
Portola Avenue to provide for left turn ingress/egress to the
project and the construction of sidewalk in an appropriate size
and configuration. Right-of-way as may be necessary for the
construction of required public improvements shall be provided on
the Final Map. Provisions for the acceptable implementation of
non -site specific traffic mitigation measures associated with this
project shall be established prior to the recordation of the Final
Map.
11. In accordance with Palm Desert Municipal Code Section 26.44,
complete grading plans/site improvement plans and specifications
shall be submitted to the Director of Public Works for checking
and approval prior to issuance of any permits. In addition to all
standard engineering design parameters, the plan shall address
appropriate circulation -related issues.
12. Traffic safety striping on Portola Avenue shall be provided to the
specifications of the Director of Public Works. A traffic control
plan must be submitted to, and approved by, the Director of Public
Works prior to the placement of any pavement markings.
13. Any and all offsite improvements shall be preceded by the approval
of plans and the issuance of valid encroachment permits by the
Department of Public Works.
14. Proposed building pad elevations are subject to review and
modification in accordance with Chapter 27 of the Palm Desert
Municipal Code.
15. Provisions for continuance of existing access rights (easements,
etc.) shall be provided for on the Final Map or by separate
documents as appropriate.
16. Waiver of access rights to Portola Avenue, except at approved
locations, shall be granted on the Final Map.
5
EXHIBIT "C-2"
RESOLUTION NO. 93-32
283911
17. Prior to start of construction, the applicant shall submit
satisfactory evidence to the Director of Public Works of intended
compliance with National Pollutant Discharge Elimination (NPDES)
General Permit (Permit No. CAS000002) for storm water discharges
associated with construction activity.
Traffic Mitigation:
As for specific mitigation matters, the Associate Transportation
Engineer feels that the subject project, due to it's location and
access limitation, will add additional traffic to the city's roadway
network in general and to Portola Avenue, Mesa View, Highway 111,
Haystack, and Fairway Drive in particular.
Based on overview of the project traffic study and the city's own
assessment of the possible impacts of the project on the city's roadway
network, it is recommended that commitment of funds from the developer
to the city in participation of specific improvement planned or
environed for specific sites. The city has already investigated
potential for several traffic system related improvements that we
request funding participation between the city and the developer.
Specifics of mitigations required and staff's assessment of the fair
share of the developer is as follows:
1. The city has long and short range plans to address
intersection signalization at the following locations:
Portola/Fairway Drive
Portola/Haystack
Haystack/Highway 74
It is assumed that the fair share of the project is to be 25%
of the cost of signalization (estimated to be $125,000 per
intersection).
2. The city is currently reviewing a plan for intersection
improvement at Portola/Highway 111 (on the south side). The
project is estimated to cost $150,000.
The Reserve at Hidden Valley project impact is estimated to be of 15%
of the improvement needed. Based on the above, the overall mitigation
fee of the project is calculated as shown below:
N.
EXHIBIT "C-2"
RESOLUTION NO. 93-3i
Project 283911
Fair Contribution
Share Share
a - Three signalization projects: 25% $93,750.00
b - One intersection improvement: 15% $22,500.00
The above mentioned financial contribution is in addition to
signalization and TUMF fees generally payable by the developer as an
overall mitigation and fee requirement.
Mitigation Fee Payment Schedule:
Staff recommends that the developer arrange for 50% ($58,125.00)
payment to the City of Palm Desert when the first building permit is
issued by the City of Palm Desert or the City of Indian Wells and the
remaining 50% be covered by letter of credit for later payment.
City Fire Marshal:
1. With respect to the conditions of approval regarding the above
referenced plan, the Fire Department recommends the following fire
protection measures be provided in accordance with City Municipal
Code, NFPA, UFC, and UBC 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 Uniform
Fire Code Sec. 10.301C.
2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual
operating pressure must be available before any combustible
material is placed on the job site.
3. Provide, or show there exists, a water system capable of providing
a potential gallon per minute flow of 1500 for single family, 2500
for multifamily, and 3000 for commercial. The actual fire flow
available from any one hydrant connected to any given water main
shall be 1500 GPM for two hours duration at 20 PSI residual
operating pressure.
4. The required fire flow shall be available from a Super hydrant(s)
(6" x 4" x 2-1/2" x 2-1/2"), located not less than 25' nor more
than 200' single family, 165' multifamily, and 150' commercial
from any portion of the building(s) as measured along approved
vehicular travelways. Hydrants installed below 3000' elevation
shall be of the "wet barrel" type.
5. A combination of on -site and off -site Super fire hydrants (6" x 4"
x 2-1/2" x 2-1/211) will be required, located not less than 25' or
FA
EXHIBIT "C-2"
RES-OLUTION NO. 93-32
283911
more than 200' single family, 165' multifamily, and 150'
commercial from any portion of*the building(s) as measured along
approved vehicular travelways. The required fire flow shall be
available from any adjacent hydrant(s) in the system.
6. 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 field inspection by the
Fire Department prior to request for final inspection.
7. Prior to the application for a building permit, the developer
shall furnish 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, the original will be
returned. One copy will be sent to the responsible inspection
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 and 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."
"System has been designed to provide a minimum gallon per minute
flow of 1500, 2500, 3000."
8. 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.
9. Comply with Title 24 of the California Code of Regulations,
adopted January 1, 1990, for all occupancies.
10. Install a complete fire sprinkler system per NFPA 13. The post
indicator valve and fire department connection shall be located to
the front, not less than 25' from the building and within 50' of
an approved hydrant. This applies to all buildings with 3000
square feet or more building area as measured by the building
footprint, including overhangs which are sprinklered per NFPA 13.
The building area of additional floors is added in for a
cumulative total. Exempted are one and two family dwellings.
11. Install a fire alarm (water flow) as required by the Uniform
Building Code 3803 for sprinkler system. Install tamper alarms on
all supply and control valves for sprinkler systems.
E:j
EXHIBIT "C-2"
RESOLUTION NO. 93-32
12. Certain designated areas will
lanes and shall be clearly
approved by the Fire Marshal.
283911
be required to be maintained as fire
marked by painting and/or signs
13. Install a fire alarm as required by
and/or Uniform Fire Code. Minimum
station monitoring of sprinkler system
plans are required for all UL central
systems where any interior devices are
14-103(a))
the Uniform Building Code
requirement is UL central
per NFPA 71 and 72. Alarm
station monitored systems,
required or used. (U.F.C.
14. Install portable fire extinguishers per NFPA, Pamphlet #10, but
not less than 2A10BC in rating. Fire extinguishers must not be
over 75' walking distance. In addition to the above, a 40BC fire
sprinkler is required for commercial kitchens.
15. Install a Hood/Duct automatic fire extinguishing system if
operating a commercial kitchen including, but not limited to, deep
fryers, grills, charbroilers or other appliances with produce
grease laden vapors or smoke. NFPA 96, 17, 17a.
16. All buildings shall be accessible by an all-weather roadway
extending to within 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 turn -around (55' in industrial developments). Fountains or
garden islands placed in the middle of these turn-arounds shall
not exceed a 5' radius or 10' diameter. City standards may be
more restrictive.
17. 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".
18. 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.
9
EXHIBIT "C-2"
RESOLUTION NO. 93-32
283911
19. A second access is required. This can be accomplished by two main
access points from main roadway or an emergency gated access into
an adjoining development.
20. Contact the Fire Department for a final inspection prior to
occupancy.
21. This project may require licensing and/or review by State
agencies. Applicant should prepare a letter of intent detailing
the proposed usage to facilitate case review. Contact should be
made with the Office of the State Fire Marshal (818/960-6441) for
an opinion and a classification of occupancy type. This
information and a copy of the letter of intent should be submitted
to the Fire Department so that proper requirements may be
specified during the review process. Typically this applies to
educational, day care, institutional, health care, etc.
22. All new residences/dwellings 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 Wells, Rancho Mirage or Palm Desert.
23. Commercial buildings shall have illuminated addresses of a size
approved by the city.
24. All fire sprinkler systems, fixed fire suppression systems and
alarm plans must be submitted separately for approval prior to
construction. Subcontractors should contact the Fire Marshal's
office for submittal requirements.
25. Dead end roads to comply with No. 16 of this list.
26. Must provide detailed plans for maintenance building or club
house.
27. Conditions subject to change with adoption of new codes,
ordinances, laws, or when building permits are not obtained within
twelve months.
10
EXHIBIT "C-2"
I IV
ORDINANCE NO. 714
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA,
AMENDING ORDINANCE NO. 107, THE PALM
DESERT ZONING MAP BY CHANGING THE ZONE
FROM PUBLIC INSTITUTION TO PR-1 FOR 55
ACRES SOUTH OF LIVING DESERT, EAST OF
PORTOLA AVENUE.
CASE NO. C/Z 93-1
283911
The City Council of the City of Palm Desert, California, DOES
HEREBY ORDAIN, as follows:
SECTION 1: That a portion of Ordinance No. 107 referencing
Section 25.46.1 of the Zoning Ordinance, the Zoning Map (Chapter 35.46
of the Palm Desert Municipal Code) is hereby amended to read as shown
on the attached Exhibit "A."
SECTION 2: The City Clerk of the City of Palm Desert,
California, is hereby directed to publish this ordinance in the Palm
Desert Post, a newspaper of general circulation, published and
circulated in the City of Palm Desert, California, and shall be in full
force and effect thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this
13th day of May, 1993, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
i
CRITES, SNYDER, WILSON, BENSON
KELLY
NONE
NONE
JEAN./j. BENSON,
SHEILA R. GILLIGAN, �ty Clerk
City of Palm Desertl California
yor
EXHIBIT "C-3"
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T-� CITY OF PALM DESERT Case No. -
2 M n--n n rm n ;-rm EXHIBIT "C-3"
CITY COUNCIL
ORDINANCE NO
05/_3 93