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HomeMy WebLinkAboutRes 2011-29 Ord 1208 and 1209 TT 34943 DA 02-01 Amendment 3 ZOA 09-494 Eagle 6.5, LLCCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT CITY COUNCIL STAFF REPORT REQUEST: CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A REQUEST FOR A TENTATIVE TRACT MAP WITH ASSOCIATED CEQA ADDENDUM TO THE SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR STONE EAGLE, THIRD AMENDMENT TO DEVELOPMENT AGREEMENT 02-01 (STONE EAGLE DEVELOPMENT), AND ZONING ORDINANCE AMENDMENT TO REVISE THE HILLSIDE PLANNED RESIDENTIAL (HPR) ZONE RIDGELINE MAP, WHICH WOULD ALLOW THE SUBDIVISION OF 7.7 ACRES INTO SIX RESIDENTIAL LOTS. SUBJECT PROPERTY IS LOCATED WEST OF THE PALM VALLEY STORM CHANNEL AT THE TERMINATION OF OLD STONE TRAIL (APN: 652-090-002). SUBMITTED BY: Missy Grisa, Assistant Planner APPLICANT: Eagle 6.5, LLC, c/o Ted Lennon 74-001 Reserve Drive Indian Wells, CA 92210 CASE NOS: TT 34943, DA 02-01 Amendment #3, and ZOA 09-494 HTE 08-288 DATE: April 14, 2011 CONTENTS: Draft Resolution No. 2011-29 Addendum to Subsequent Environmental Impact Report Ordinance No. 1208 Ordinance No. 1209 Copy of Legal Notice Plans & Exhibits Recommendation That the City Council: Adopt Resolution No.2011-29 granting the appeal, and approving the findings and TT 34943, subject to attached conditions; and 2. Adopt the addendum to the Subsequent Environmental Impact Report for the proposed tentative tract map and zoning ordinance amendment, pursuant to the California Environmental Quality Act; and City Council Staff Report TT 34943, DA 02-01 Amendment #3, & ZOA 09-494 April 14, 2011 Page 2 of 12 3. Waive further reading and pass Ordinance No. 1208 to second reading, approving Development Agreement 02-01 Amendment No. 3; and 4. Waive further reading and pass Ordinance No. 1209 to second reading, approving an amendment to the Hillside Planned Residential (HPR) Zone approved Ridgeline Map. Planning Commission Recommendation After consideration of the proposed project at a study session and two Planning Commission meetings, the Commission directed staff to prepare a resolution of denial, which was adopted by a 3-2 vote at the meeting of February 16, 2010. At its regular meeting of December 15, 2009, the Planning Commission reviewed the proposed project for the first time. Commissioners expressed concerns with the definition of an outcropping versus a ridgeline. Commissioners generally believed that the layers of complexity of this case warranted careful review and requested that staff arrange a study session for the Planning Commission. At that time, the developer also offered to arrange site visits to show how the lots fit within the existing outcroppings and contours of the land. At the Planning Commission Study Session of January 14, 2010, the Commission was given additional information by staff regarding the proposed project. The developer proposed a few minor amendments to the Planning Commission at that time; most notably the lowering of several pads and reduction of significant amounts of fill by adjusting pad number two. The Commission reaffirmed its appreciation for the spirit of cooperation shown by the developer to City requests. At its regular meeting of January 19, 2010, the developer presented the amendments to the Planning Commission. The developer indicated that by reconfiguring pad number two and lowering/reducing other pads, they were able to reduce the import of fill to the project by 3,000 cubic yards, leaving only 1,500 cubic yards of import to the proposed project. The Planning Commission expressed concerns over the proposed development, stating that the density far exceeds what is allowed within the HPR zone. After consideration, the Planning Commission directed staff to prepare a resolution of denial. The resolution of denial was adopted by a 3-2 vote at the meeting of February 16, 2010. At the conclusion of the January 19, 2010, meeting the Planning Commission discussed the current language of the municipal code for protection of ridgelines in the HPR zone. The Commission directed staff to amend the current code for the HPR zone to expand the prohibition against building on ridgelines such that it applies to rock outcroppings as well. GAPianning\Missy Grisa\TT\Stone Eagle\My files\CC Staff Report.doc City Council Staff Report TT 34943, DA 02-01 Amendment #3, & ZOA 09-494 April 14, 2011 Page 3 of 12 Executive Summary Approval of the staff recommendation would allow the development of six residential estate lots on 7.7 acres that would be incorporated into the Stone Eagle Development Agreement 02-01. Staff's recommendation for approval of this project is based upon reducing the overall number of dwelling units from 61 to 52, achieved by an amendment to the existing Development Agreement. Staff believes that this project reduces the overall number of Stone Eagle units, and also meets the General Plan goals of preserving and reducing development within all hillside areas. Denial of the staff recommendation will preclude the developers from subdividing this property and developing this property. The existing development agreement would be left in place, allowing development of up to 61 dwelling units within Stone Eagle's existing boundaries (46 units exist today). Additionally, under the current Hillside Planned Residential zone, one more dwelling unit could be built in the current proposal area and included in the Stone Eagle development for a total of 62 units. Background A. Property Description: The subject property is located west of the Palm Valley Storm Channel at the southern termination of Old Stone Trail. The property is currently vacant with a zoning designation of Hillside Planned Residential. The 7.7 acres is at the base of the mountains, and includes one main ridge and several outcroppings and rock formations. The terrain of the property is generally higher on the hills than the previous phases of Stone Eagle. B. Hillside Planned Residential (HPR) Zone: The code regulating the HPR Zone was amended in April of 2007 and includes the following Development Standards: Density: Each lot shall be limited to a maximum of one unit per five acres. Building Pad Area: The maximum area permanently disturbed by grading shall not exceed 10,000 square feet. Access Road: Maximum permanent grading disturbance of natural terrain for development of access to the approved building pad shall be 3,000 square feet. Maximum Dwelling Size: Total dwelling unit, garage and accessory building size on any one lot shall not exceed 4,000 square feet. GAPlanningUssy Gnsa\TT\Stone Eagle\My files= Staff Report.doc City Council Staff Report TT 34943, DA 02-01 Amendment #3, & ZOA 09-494 April 14, 2011 Page 4 of 12 Ridgeline Development: Development on or across ridges is prohibited. C. Adjacent Zoning and Land Use: North: Hillside Planned Residential / Stone Eagle South: Hillside Planned Residential / Vacant East: Planned Residential / Sommerset Community West: Hillside Planned Residential / Vacant D. Stone Eagle Development: On October 24, 2002, the City Council approved a series of applications and a development agreement for a project known as "The Crest" and now known as "Stone Eagle". Stone Eagle is an exclusive gated residential community with 43 existing single-family lots, one lot with three condominium units available for time share use, a 15,000 square foot clubhouse, and an 18-hole golf course located west of Highway 74 with an access road across the Palm Valley Storm Channel opposite of Homestead Road. The project is zoned Hillside Planned Residential (HPR) and the development standards are as approved. The originally approved development agreement allowed for 61 total residential dwelling units on the site. The agreement also allowed the developer, if they choose, to sell units as fractional ownership with up to a 1/4 share. Since the original approval of the agreement there have been two amendments. The amendments are as follows: Amendment #1: Approved in September of 2007, this amendment allowed the developer to sell 20 homes within Stone Eagle with up to nine fractional interests. In exchange Stone Eagle agreed to designate the remaining 41 units as single ownership. Amendment #2: Approved in March of 2008, this amendment allowed the developer to increase the roof height of 19 residential units within Stone Eagle to 25'-2". Protect Description The proposed Tentative Tract Map and associated applications would allow the developer to subdivide 7.7 acres within the Hillside Planned Residential Zone into six residential lots and incorporate them into the Stone Eagle Development. The proposed lots range in size from 24,978 square feet to 114,690 square feet. Pad sizes range from 8,217 square feet to 12,139 square feet. There are no homes being proposed on the property at this time. The owner anticipates selling these lots as custom estate lots. G `Planning\Missy Grisa\TT\Stone Eagle\My files\CC Staff Report.doc City Council Staff Report TT 34943, DA 02-01 Amendment #3, & ZOA 09-494 April 14, 2011 Page 5 of 12 Homes would be designed independent of each other, but would conform to the approved Stone Eagle design guidelines to ensure continuity. Site Plan: Access: Access to this site is through the main entrance of Stone Eagle via Old Stone Trail. Old Stone Trail currently dead ends at the northern boundary of this project. The Tentative Tract Map proposes access to the site on the eastern boundary by extending Old Stone Trail (see following map). EXISTING a ACCESS ROAD o APN: 652070011 A APN:652070012 House*,. 0 y House#:0 r CONTINUATION' OF ACCESS R AD . �N y Ftiu � j2OSW4 .0: 0 z` alV Ridgeline Development: According to the approved Hillside Planned Residential Zone's Ridgeline Map, several of the proposed pads intersect ridgelines. During the initial pre -application meetings staff alerted the developer of this issue. The developer contends that the City's Ridgeline Map is inaccurate in the subject area, and has proposed what they believe to be the true ridgelines. At the request of the project team, staff walked the site in an G \Planning\Missy Grisa\1TStone Eagle\My files`.CC Staff Report.doc City Council Staff Report TT 34943, DA 02-01 Amendment #3, & ZOA 09-494 April 14, 2011 Page 6 of 12 attempt to verify the correct ridge. After surveying the site, staff has concluded that the existing ridgeline map is incorrect in this area. The HPR Zone Ridgeline Map was created in 2007 by the City's Planning and Geographic Information Systems (GIS) Divisions. The GIS Division utilized mostly topographic data in developing the map, which was identified as "not survey accurate." In reviewing the subject parcel, staff believes that many items on the topographic map that are rock outcroppings were erroneously identified as ridgelines. An outcropping can be defined as a natural rock formation that appears above the surface of the surrounding land. In this case what happened when the ridgeline map was prepared was that once several outcroppings were identified off of the topographic maps, they were connected with a line, which created apparent ridges. However, in the field it becomes apparent that these are not ridges. Removing the lines that connect outcroppings illustrates that the proposed pads are not located on any true ridges and also do not disturb any of the outcroppings. This can be illustrated by the map below and also in your large format sheets labeled "Ridgeline Plan." Due to the fact that the HPR Zone Ridgeline Map is an exhibit to an ordinance, any revision requires a Zoning Ordinance Amendment. [image on following page] G \Punning\Missy Grisa\TT\Stone Eagle\My files\CC Staff Report doc City Council Staff Report TT 34943, DA 02-01 Amendment #3, & ZOA 09-494 April 14, 2011 Page 7 of 12 t r. . APPLICANT .. PROPOSED •.` y, - - i - I I \*PPEICANY"1!R�r _ w j r � � • E915t7NG tNcoRR�r - Analysis The developer has tailored this application as an amendment to the approved development agreement, which would expand the buildable area within the Stone Eagle Development. Staff believes that there are intrinsically two ways to analyze this application: by using the current approach of this application, or the strict and literal interpretation of the HPR Zone. Density: Density is arguably the most complex portion of this project. Two scenarios exist: Density allowed by expansion of Development Agreement 02-01, and Density allowed under the HPR zone. G.\PlanningWissy Grisa\T7\Stone Eagle\My files\CC Staff Report.dOC City Council Staff Report TT 34943, DA 02-01 Amendment #3, & ZOA 09-494 April 14, 2011 Page 8 of 12 Density Allowed by Expansion of Development Agreement 02-01: The proposal by the applicant is to subdivide a 7.7-acre parcel into six residential lots. The originally approved development agreement for Stone Eagle allowed for 61 total dwelling units; however, only 44 lots were graded, but 46 units exist. All lots built -upon today are single family residential, except for one parcel which has three separate condominium units with the option of fractional time share use. The applicant proposes to use five additional units from the balance of 15 that were leftover from the development agreement by annexing this land into the Stone Eagle Development. Chapter 25.15 Hillside Planned Residential District limits a maximum of one unit per five acres; the 7.7 acres would be entitled to one unit. The applicant is proposing to use this one unit and the five additional units from the existing 15 units remaining to reduce the balance to 10 entitled units Whenever an amendment to a development agreement is proposed, it should be mutually beneficial for the applicant and the City. That said, during initial meetings the applicant indicated they might be able to sacrifice some of the total allowable number of units for the project in return for granting approval of these six lots. If approved, the proposal for six new lots would reduce the balance of 15 entitled units to a total of ten remaining entitled units. Staff indicated to the developer that in order to gain recommendation for approval, they would have to give up all of the remaining ten units. The Stone Eagle Club is willing to forgo some units. However, they would like to keep eight units to develop in the vicinity of the clubhouse once it is built. After many discussions, staff continues to recommend elimination of the remaining ten units in exchange for the proposed six lots. The applicant indicated they would address the City Council with a request to keep the units requested. From a density perspective, the original Stone Eagle project occupied 703 acres. Sixty - One (61) units on 703 acres equates to a density of one dwelling unit per 11.5 acres. If the 7.7 acres of proposed land is added to the development and the unit count is reduced to 52, the total density actually goes down to one dwelling unit per 13.6 acres. If approved, this proposal reduces the amount of development possible within the lower hillsides of Cahuilla Hills, but allows six lots in slightly more elevated terrain. Density Allowed Under the HPR Zone: The HPR zone allows for one unit per five acres of land. The 7.7 acres of land would be entitled to one unit if it was being developed as a standalone project. Section 25.15.030 (D) allows property owners to apply for exceptions to the density standard; however, staff generally discourages these types of exceptions as they are inconsistent with the long range vision of minimizing development on the hillsides. G \Planning\Missy Grisa\TT\Stone Eagle\My files= Staff Report.doc City Council Staff Report TT 34943, DA 02-01 Amendment #3, & ZOA 09-494 April 14, 2011 Page 9 of 12 Public Works Condition #17 (Bike Path): During the initial planning of Stone Eagle Development there were discussions regarding the accommodation of a bicycle / golf cart path along the access roads adjacent to the Palm Valley Storm Channel. Because no plan existed at the time for this path, Stone Eagle was conditioned loosely to accommodate the future path. Since that time, there has been no movement from Stone Eagle on this path. Both the Planning and Public Works Departments believe this to be an opportune time to further develop this plan. Condition #17 of the Public Works Department requires the applicant to install a 10' wide decomposed granite multi use path along the east side of the Palm Valley Channel and aid the City in acquiring the easement from CVWD. The applicant has created a Bike Path Plan which is included in the exhibits. Project Data: STANDARD HPR ZONE ALLOWED W / DA PROPOSED 02-01 PROJECT Coverage 35-50% * Not limited under No change from DA DA 02-01 02-01 Height as approved 20' 20' Front Setback as approved 15' 15' Rear Setback as approved 10' 10, Interior Side as approved 5' S' Setbacks Re -naturalization Addressed as Required as Landscaping required mitigation measure mitigation measures in EIR of EIR - 40% based on the HPR Zone allowable 10,000 sq. ft. pad and 4,000 sq. ft. maximum dwelling size. - Previously approved coverage, but may be Commission approval. Findings for Approval: existing building pads are limited to 35% lot increased to 50% with Architectural Review The proposed map is consistent with applicable general and specific plans. • The proposed tract map falls within the Residential Hillside Reserve (R-HR) designation of the General Plan. The intent of R-HR designation is to provide reasonable development opportunities GAPlanning\Missy Grisa\TT\Stone Eagle\My files\CC Staff Report doc City Council Staff Report TT 34943, DA 02-01 Amendment #3, & ZOA 09-494 April 14, 2011 Page 10 of 12 while protecting natural and scenic resources. The R-HR allows for zero to one unit per five acres. The gross project encompasses 710 acres and as proposed will be allowed 52 total units, which equates to a total density of one dwelling per 13 acres of gross land. There is no specific plan for this area. 2. The design or improvements of the proposed map are consistent with the applicable general and specific plans. • Limiting grading and protecting natural resources are goals of both the City's R-HR General Plan Designation and the City's HPR Zone. As proposed, this project would accomplish that goal by reducing the overall number of units of the Stone Eagle Development from 61 to the proposed 52 units, and by designing the proposed development into the existing terrain of the hillside such that grading is minimized. There is no specific plan for this area. 3. The site is physically suitable for the type of development. • The vacant property is located within the City of Palm Desert and located adjacent to the existing Stone Eagle Development. The site has logical access points via Old Stone Trail. The pads have been located to blend with the natural terrain of the property to the greatest extent feasible. Similar sites have been successfully developed as single family homes as is proposed here, demonstrating that these sites are physically suitable for the proposed development 4. The site is physically suitable for residential development. • The proposed 7.7 acres is physically suitable for residential development with accessibility through Stone Eagle and proposed access roads. Utilities are available in the vicinity, and the small footprint of these residential units fit easily into the rugged terrain of the hills, tucked under the elevation of adjacent ridgelines. 5. The design of the tract map or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. • The subject property has been subjected to a Biological Assessment and Impact Analysis as a part of the addendum to SEIR and has been found to have less than significant GAPlanning\Missy Grisa\TT\Stone Eagle\My files\CC Staff Report.doc City Council Staff Report TT 34943, DA 02-01 Amendment #3, & ZOA 09-494 April 14, 2011 Page 11 of 12 environmental impacts. The proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the tract or type of improvements is not likely to cause serious public health problems. The design of the tract map is consistent with all provisions of the zoning ordinance. Any development on the proposed parcels is subject to applicable City development standards and the California Building Standards Code, which is developed under the Health and Safety Code (Section 18902), and whose purpose is to protect the health, safety, and general welfare of the public. 7. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large, for access through or use of property within the proposed subdivision. The proposed subdivision of 7.7 acres does not interfere with any public easements. Environmental Review Stone Eagle prepared an Initial Study and Mitigated Negative Declaration (MND) and a Subsequent Environmental Impact Report (SEIR) which was approved by the City of Palm Desert in October of 2002. This project presents an amendment to the original approved Stone Eagle project and is within the overall development thresholds set by the original approval. Its potential physical impacts on the environment are comparable to those identified for the original project and can be reduced to less than significant levels through the application of the Conditions of Approval and mitigation measures set forth in the certified SEIR. Staff has prepared an addendum to the SEIR in accordance with the requirements of CEQA. A project specific Water Quality Management Plan (WQMP) has been prepared and approved in accordance with Sections 24.20 & 26.49.060 of the Palm Desert Municipal Code and is on file with the City's Planning and Public Works Departments. Conclusion As proposed, the project can be approved through a Tentative Tract Map, an Amendment to the Development Agreement including an Addendum to the SEIR and a Zoning Ordinance Amendment. If approved, Stone Eagle would be allowed to create six new lots within the hillside with staff's recommendation that the applicant agree to waive the right to any future dwelling units and would aid the City in creating a multi -use G Planning\Missy Gnsa\i'T\Stone Eagle\My files\CC Staff Repon.dce City Council Staff Report TT 34943, DA 02-01 Amendment #3, & ZOA 09-494 April 14, 2011 Page 12 of 12 path along the Palm Valley Storm Channel. Staff believes that the reduction of potential development on the hillside and the developer's willingness to work with the City on the multi -use trail provides a fair compromise with Stone Eagle. Staff recommends that the City Council approve the project as conditioned. Fiscal Analysis The proposed project will be revenue neutral to the City, since the nominal increase in property tax from the new homes will be offset by a nominal increase in costs of services provided. Submitted By: Mis Grisa Assistant Planner i'1VI. Wohlmuth Manager Departs Lauri Aylaian Director of Community Development CITY COUNCIL TION APPROVED DENTED RECEIVED OTHER MrAlrnm =OWN ABSTAIN: Affi? _ VERIFIED BY: k- Original on File with City Cle 's -Office * By Minute Motion, uphold the Planning Commission decision to deny the subject Cases, and direct staff to.prepare a Resolution off- Denial to be presented at the regular meeting of May 12, 2011. 3-2 (Harnik, Spiegel NO) GAPlanning\Missy Grisa\TT\Stone Eagle\My files\CC Staff Report.doc Klassen, Rachelle From: Grisa, Melissa Sent: Tuesday, April 05, 2011 3:50 PM To: Klassen, Rachelle Subject: FW: TT34943, DA 02-01 Amendment #3, and ZOA 09-494 HTE 08-288 Hi Rachelle, Please distribute Ted's e-mail below as requested in reference to the case TT 34943 on the agenda, April 14, 2010. Thank you, MISSY GRISA, LEED AP ! City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, CA 92260 Phone: 760.346.0611 ext. 384 Fax: 760.776.6417 From: Lennon, Ted jmaiIto: tlennon(&loweenterprises.coml Sent: Tuesday, April 05, 2011 10:43 AM To: Grisa, Melissa Subject: TT34943, DA 02-01 Amendment #3, and ZOA 09-494 HTE 08-288 Missy, This e mail will attempt to clarify my request regarding utilization of the current density allocated. The combination of 1 unit on the 7.7 acre property and 61 units per the development agreement allows 62 units for the combined 710.5 acres. Assuming that 46 of the 62 allowable have been utilized that leaves 16 units. We would like 6 of the units for the 7.7 acres and the Stone Eagle Club owners require 8 units for their existing Club House area which is below and adjacent to the current developed housing . They feel this is very important to their long range success and a condition of their concurrence to the subject request. We would relinquish 2 units under this scenario. I hope this is clear but call if you have any questions and feel clear to share with the Council. Ted Lennon Ted R. Lennon President LDD Desert Development Inc. RESOLUTION NO. 2011-29 A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 34943 WITH ASSOCIATED CEQA ADDENDUM TO THE SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR THE STONE EAGLE PROJECT, WHICH SUBDIVIDES 7.7 ACRES INTO SIX (6) RESIDENTIAL LOTS. SUBJECT PROPERTY IS LOCATED WEST OF THE PALM VALLEY STORM CHANNEL AT THE TERMINATION OF OLD STONE TRAIL (APN: 652-090-002). CASE NO. TT 34943, DA 02-01 AMENDMENT #3, AND ZOA 09-494 HTE 08-288 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 151h of December, 2009, hold a duly noticed public hearing that was continued to January 19 and February 16, 2010, to consider the request of EAGLE 6.5, LLC; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find facts and reasons to exist to justify denial of Tentative Tract Map 34943, Development Agreement 02-01 Amendment #3, and ZOA 09-494; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th of April, 2011, hold a duly noticed public hearing to consider an appeal of the Planning Commission denial of the request by EAGLE 6.5, LLC; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act", Resolution No. 10-26, in that the Director of Community Development has determined that the proposed additional property is within the development thresholds set by the original Stone Eagle SEIR and an addendum to the SEIR has been prepared in accordance with the requirements of CEQA; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify approval of Tentative Tract Map 34943: The proposed map is consistent with applicable general and specific plans. The proposed tract map falls within the Residential Hillside Reserve (R-HR) designation of the General Plan. The intent of R-HR designation is to provide reasonable development opportunities while protecting natural and scenic resources. The R-HR allows for zero to one unit per five acres. The gross project encompasses 710 acres and as proposed will be allowed 52 total units, which equates to a total density of one dwelling per 13 acres of gross land. There is no specific plan for this area. RESOLUTION NO. 2011-29 2. The design or improvements of the proposed map are consistent with the applicable general and specific plans. Limiting grading and protecting natural resources are goals of both the City's R-HR General Plan Designation and the City's HPR Zone. As proposed, this project would accomplish that goal by reducing the overall number of units of the Stone Eagle Development from 61 to the proposed 52 units, and by designing the proposed development into the existing terrain of the hillside such that grading is minimized. There is no specific plan for this area. 3. The site is physically suitable for the type of development. The vacant property is located within the City of Palm Desert and located adjacent to the existing Stone Eagle Development. The site has logical access points via Old Stone Trail. The pads have been located to blend with the natural terrain of the property to the greatest extent feasible. Similar sites have been successfully developed as single family homes as is proposed here, demonstrating that these sites are physically suitable for the proposed development 4. The site is physically suitable for residential development. The proposed 7.7 acres is physically suitable for residential development with accessibility through Stone Eagle and proposed access roads. Utilities are available in the vicinity, and the small footprint of these residential units fit easily into the rugged terrain of the hills, tucked under the elevation of adjacent ridgelines. 5. The design of the tract map or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The subject property has been subjected to a Biological Assessment and Impact Analysis as a part of the addendum to SEIR and has been found to have less than significant environmental impacts. The proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the tract or type of improvements is not likely to cause serious public health problems. The design of the tract map is consistent with all provisions of the zoning ordinance. Any development on the proposed parcels is subject to applicable City development standards and the California Building Standards Code, which is developed under the Health and 2 RESOLUTION NO. 2011-29 Safety Code (Section 18902), and whose purpose is to protect the health, safety, and general welfare of the public. 7. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large, for access through or use of property within the proposed subdivision. • The proposed subdivision of 7.7 acres does not interfere with any public easements. 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 Tentative Tract Map 34943 with associated CEQA Addendum to SEIR as shown in Exhibit "A", DA 02-01 Amendment #3, and ZOA 09-494 are hereby approved subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council held on this 14`h day of April, 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE KLASSEN, CITY CLERK City of Palm Desert, California JEAN M. BENSON, MAYOR 151 RESOLUTION NO. 2011-29 CONDITIONS OF APPROVAL CASE NO. TT 34943 Department of Community Development 1. That all conditions of approval imposed on the original Tentative Tract Map 30438 and Development Agreement 02-01 (as amended) shall apply to this application. 2. The development of the property shall conform substantially with exhibits on file in the Department of Community Development, as modified by the following conditions. 3. Construction of said project shall commence within one (1) year 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. 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 Palm Desert Architectural Commission (if applicable) 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. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Multi Species Habitat Conservation Plan, TUMF, School Mitigation and Housing Mitigation fees. 6. The applicant shall re -naturalize to the satisfaction of the Director of Community Development any and all disturbed hillside area of the project with native landscaping and materials to blend the project into the natural terrain. 7. All conditions of approval shall be recorded before any permits are issued. Evidence of recordation shall be submitted to the Department of Community Development/Planning. E RESOLUTION NO. 2011-29 Department of Public Works GENERAL REQUIREMENTS 1. Landscape maintenance of any common areas and property frontages shall be provided by a homeowners association and or property owner, shall be water efficient in nature and in accordance with the City of Palm Desert Landscape Design Standards. Applicant shall be responsible for executing a declaration of Conditions, Covenants and Restrictions, which shall be approved by the City of Palm Desert and recorded with the County Recorder. The declaration shall specify that; (a) the applicant shall oversee the formation of a property owners association; (b) the property owners association shall be formed prior to the recordation of the Map; and (c) the aforementioned landscaping shall be the responsibility of the property owners association. Landscaping Plans shall be submitted for review simultaneously with grading plans. 2. CC&R's should be submitted for review with the final map and recorded with the final map. 3. 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. 4. The maintenance of any retention areas shall be by the homeowners association and stipulated in the CC&R's. BONDS AND FEES 5. Drainage fees, in accordance with section 26.49 of the Palm Desert Municipal Code shall be paid prior to the recordation of the final map. 6. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of grading permit. 7. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF) Payment of said fees shall be at the time of building permit issuance. 8. A standard inspection fee shall be paid prior to issuance of grading permits. 9. Grading bonds are required. 10. A bond shall be posted for public improvements. DESIGN REQUIREMENTS 11. Storm drain design and construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the 5 RESOLUTION NO. 2011-29 Department of Public Works prior to start of construction. Project is required to retain on -site the increase in flows for a 100 year storm. 12. Complete grading and improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 13. Improvement plans for utility systems shall be approved by the respective provider or service districts with "as -built" plans submitted to the Department of Public Works prior to project final. Utility plans shall be submitted to the Public Works Department for improvements in the public right of way prior to issuance of any permits. 14. Any and all off -site improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 15. Pad elevations are subject to review and modification in accordance with Chapters 26 and 27 of the Palm Desert Municipal Code. 16. Drainage facilities shall be provided to the specifications of the Director of Public Works. In addition, proposed drainage facilities/improvements that impact the Palm Valley Channel shall be subject to review and approval by CVWD. CONSTRUCTION REQUIREMENT 17. 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 including: • Construction of 10' wide decomposed granite bike path from Calle De Los Campesinos to Cholla Way. Assist the City to obtain necessary easement from appropriate owners by providing the City with legal description and plat by a registered land surveyor/civil engineer. Rights -of -way necessary for the installation of the above referenced improvements shall be dedicated to the City prior to the issuance of any permits associated with this project. If the city determines that applicant has used their best effort to obtain the necessary easement/right-of-way for the construction of the bike path but such easement cannot be acquired, an improvement security or an in -lieu fee equivalent to the cost of the construction of the bike path as determined by the city shall be submitted to the city prior to the issuance of the certificate of occupancy. If the security is in a form of a surety bond, it needs to be renewed continuously and released upon completion of improvements when accepted by the city or until a time as determined by the city. 0 RESOLUTION NO. 2011-29 18. Prior to the recordation of the tract map, the public improvements shall have been completed or a bond must be in place to cover the full cost of public improvements, as determined by the Director of Public Works. 19. Full improvements of interior streets based on residential street standards in accordance with Section 26.40 of the Palm Desert Municipal Code shall be provided. 20. All public and private improvements shall be inspected by the Public Works Department. 21. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Storm Water Management and Discharge Control. 22. Prior to the start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit for storm water discharges associated with construction. Developer must contact Riverside County Flood Control District for informational materials. SPECIAL CONDITIONS 23. All grading shall be done under direct supervision of a registered soils engineer. 24. Provisions for the continuation of any existing access rights which may be affected by this project shall be included prior to recordation of the final map. 25. Prior to recordation of the final map and the issuance of any permits associated with this project, applicant shall provide evidence of legal access rights. Private street access and utility easements shall be recorded prior to issuance of any permits for the proposed realigned portion of the Old Stone Eagle Trail within Tract 30438 north of the proposed Tract 34943 boundary. 26. Further conditions may be applied when plans are submitted and reviewed for individual homes. 27. Conditions from Development Agreement 02-01, as amended, shall apply to this project. 28. Prior to the issuance of the grading permit, a Water Quality Management Plan (WQMP) must be submitted to the Public Works Department for review and approval. The operation and maintenance section of the approved WQMP needs to be recorded. 7 RESOLUTION NO. 2011-29 29. No occupancy permit shall be granted until public improvements have been completed. Riverside County Fire Department 1. With respect to the conditions of approval regarding the above referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, NFPA, UFC and UBC, or any recognized fire protection standards. The Fire Department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 2. A fire flow of 1500 gpm for a one hour duration at 20 psi residual 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 fire flow of 1500 gpm for single family dwellings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4" x 2-1/2" x 2-1/2", located not less than 25' nor more than 200' feet from any portion of a commercial building measured via vehicular travel way. 5. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6. All buildings shall have illuminated addresses of a size approved by the city. 7. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within 12 months. 8. All fire department access radiuses shall be not less than 31' inside and 52' outside. Revised plan - New turn around shall meet one of the Riverside County Fire standards for end of street turn around. n RESOLUTION NO. 2011-29 EXHIBIT "A" ADDENDUM TO SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (SCH#: 1991021034) AND FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") FOR TPM NO. 34943 OF THE CREST/STONE EAGLE GOLF CLUB AND RESIDENTIAL VILLAGE PALM DESERT, CALIFORNIA BACKGROUND The CREST/STONE EAGLE GOLF CLUB AND RESIDENTIAL VILLAGE Project (the "Project" and including GPA 02-01, C/Z 02-01, TT 30438, PP/CUP 02-03 and DA 02-01) was approved by the City of Palm Desert, California on or about October 24, 2002 by the City Council. This Project provided for the amendment of General Plan land use and Zoning Map designations, subdivision of approximately 703-acres and the development of a championship golf course and associated clubhouse and amenities, and up to 61 dwelling units. The approval also established design and development standards, as well as access controls and public trail provisions. An Initial Study and Mitigated Negative Declaration ("MND") and a Subsequent Environmental Impact Report (SEIR) were prepared for the Project pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The Draft SEIR was circulated for public comment and approved by the Palm Desert City Council through Resolution No. 02-135 adopted on October 24, 2002. In accordance with all Project approvals, most of the Project has been developed but with residential numbers/densities below those originally approved by the City. Over the course of building out the Crest/Stone Eagle project, the developer has reduced the number of residential units from the originally approved 61 dwellings to 52 dwellings. The developer submitted Tentative Parcel map No. 34943 on 7.72t acres to allow the inclusion of six (6) single family residential lots and one (1) lettered lot representing streets within the subject subdivision. The subject property is located immediately south of and contiguous to the approved Project and immediately west of the Palm Valley Stormwater Channel, and will utilize the same roadway network and infrastructure. The Project will utilize and improve an existing channel maintenance easement held by the Coachella Valley Water District (CVWD) to connect the Project to the original Crest/Stone Eagle project. Development of the proposed addition to the Project will involve the southerly extension of the existing Old Stone Trail within the aforementioned CVWD channel maintenance easement. The Project will also include the grading of two access roads terminating at lots or hammerhead turn -around. The proposed residential lots will range in size from 0.57 to 2.63 acres and will provide graded development pads ranging in size from 8,217 to 12,139 square feet. 9 RESOLUTION NO. 2011-29 The proposed Project adds to and amends the originally approved project, shall comply with all design development standards and guidelines approved by the City for the Crest/Stone Eagle project, and is materially consistent with the original Project approvals and all applicable development regulations of the City of Palm Desert, including without limitation the City's General Plan and Zoning Ordinance, and Development Agreement (as amended), as well as applicable development standards and scenic preservation overlay standards. CEQA ANALYSIS Review under the California Environmental Quality Act (CEQA) has already occurred for the Project through the certified Subsequent Environmental Impact Report. CEQA limits re -review to conditions or circumstances that arise as set forth in Public Resources Code Section 21166 and CEQA Guidelines Section 15162. These CEQA laws state no subsequent environmental document such as an EIR or negative declaration shall be prepared for a project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: (1) substantial changes are proposed in the project which will require major revisions of the previous MND or EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous MND or EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous MND or EIR was approved as complete shows any of the following: a. The project will have one or more significant effects not discussed in the previous MND or EIR; b. Significant effects previously examined will be substantially more severe than shown in the previous MND or EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible but the project proponents decline to adopt such measures or alternatives; d. Considerably different mitigation measures or alternatives would substantially reduce one or more significant effects, but the project proponents decline to adopt such measures or alternatives. 10 RESOLUTION NO. 2011-29 Where none of the conditions set forth above occur, with substantial evidence, then the lead agency may determine to prepare an Addendum to the previously adopted Mitigated Negative Declaration or Environmental Impact Report. CEQA Guidelines 15162(b) and 15164(b). Reliance upon the earlier MND or EIR is cause for the filing of a new Notice of Determination once the Project is approved accompanied by an Addendum. CEQA Guidelines 15094. Findings of Fact The Project has been evaluated to determine if there is any substantial evidence of the circumstances or conditions that would warrant a subsequent environmental document. The existing environmental assessments, studies and reports were evaluated and compared with the Project, as were supplemental biological' and cultural resources2 reports and line -of -sight analyses. All of the potential environmental impacts studied in the Subsequent EIR were again evaluated for the proposed project and were determined to be Less Than Significant with the proper and thorough application of the mitigation measures set forth in the certified SEIR. Specific areas of potential concern are discussed below. This Project presents an amendment to the original approved Crest/Stone Eagle project and is within the overall development thresholds set by the original approval. Its potential physical impacts on the environment are comparable to those identified for the original Project and can be reduced to less than significant levels through the application of the Conditions of Approval and mitigation measures set forth in the certified SEIR. Additional limitations and development controls will further assure that impacts associated with the project area less than significant. Aesthetics Visual Resources The height, massing and scale of the proposed residences will be equal to or less than those allowed under the original approval, with homes to be limited to single story development. The certified SEIR for the Crest/Stone Eagle project includes a wide range of mitigation measures designed to mitigate potentially significant impacts to the area's visual resources. These shall be applied to the review and approval of the Project and include but are not limited to: (1) the use of building materials and colors that blend and harmonize with the surrounding ground and rocky terrain, (2) use of landscape materials from already approved plant palette, as well as rocks and boulders to re - naturalize graded slopes and for use in walls, (3) City review of detailed grading plans that minimize site disturbance to the greatest extent practicable, (4) careful City review of building plans/elevations and landscape plans prior to issuance of building permits (see Section III-1 of the certified Crest SEIR), (5) all outdoor lighting shall be limited to the greatest extent practicable and shall be full shielded to preclude spillage onto adjoining lands. "Biological Assessment and Impact Analysis of the proposed Lowe Enterprises 6.5-Acre Residential Site", prepared by James W. Cornett. July 28, 2006. "Historical/Archaeological Resources Survey Report - Assessor's Parcel No. 652-090-002", prepared by CRM Tech. August 16, 2006. 11 RESOLUTION NO. 2011-29 Noise The certified SEIR for the Crest/Stone Eagle project includes a wide measures designed to mitigate potentially significant impacts t Secondary/Emergency Access o The City Fire Marshall shall review the proposed subdivision and assure that adequate secondary/emergency access is provided to the proposed residences. In conclusion, the lead agency, the City of Palm Desert, in the exercise of its independent judgment, determines that this Addendum is complete and has been prepared in accordance with the requirements of CEQA. The previously certified SEIR is incorporated herein by this reference. The City determines that all mitigation measures in the SEIR remain applicable to the Project. A notice of determination shall be filed with the County Clerk upon the approval of the Project. Lauri Aylaian, Community Development Director City of Palm Desert Date 12 ORDINANCE NO. 1208 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO A PREVIOUSLY APPROVED DEVELOPMENT AGREEMENT ALLOWING 7.7 ACRES TO BE ADDED TO THE EXISTING STONE EAGLE PROJECT AND REDUCING ALLOWABLE NUMBER OF HOMES TO 52 DWELLING UNITS, RELATING TO STONE EAGLE DEVELOPMENT (TT 34943 & ZOA 09-494). CASE NO. DA 02-01 Amendment #3, HTE 08-288 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th of December, 2009, hold a duly noticed public hearing which was continued to January 19 and February 16, 2010, to consider the request of EAGLE 6.5, LLC; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find facts and reasons to exist to justify denial of Tentative Tract Map 34943, Development Agreement 02-01 Amendment #3, and ZOA 09-494; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 141h of April, 2011, hold a duly noticed public hearing to consider an appeal of the Planning Commission decision of the request by EAGLE 6.5, LLC; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Aff, Resolution No. 10-26, in that the Director of Community Development has determined that the proposed additional property is within the development thresholds set by the original Stone Eagle SEIR and an addendum to the SEIR has been prepared in accordance with the requirements of CEQA; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify its actions as described below: 1. That the Development Agreement amendment would better serve the public health, safety and general welfare, by reducing the overall amount of hillside development by nine dwelling units and reducing the overall impact and disturbance of the hillside areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. ORDINANCE NO. 1208 2. That DA 02-01 Amendment #3, as delineated in the attached Exhibit A, is hereby ordained. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California JEAN M. BENSON, Mayor 2 ORDINANCE NO. 1208 EXHIBIT "A" RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Palm Desert Attn: City Clerk 73-510 Fred Waring Drive Palm Desert, CA 92260 FOR THE BENEFIT OF THE CITY OF PALM DESERT -NO FEE- 6103 OF THE GOVT. CODE Space Above This Line For Recorder's Use Third Amendment to Development Agreement This Third Amendment to Development Agreement (this "Amendment") is made and entered into as of this day of , 2011, by and between the CITY OF PALM DESERT, a California municipal corporation ("City"), and STONE EAGLE DEVELOPMENT, LLC ("Developer") as successor -in interest to DESTINATION DEVELOPMENT CORPORATION, a California corporation ("DDC") (City and Developer are, collectively, "the Parties"), pursuant to the authority of Section 65864 et seq. of the Government Code of the State of California. RECITALS A. City and DDC entered into that certain Development Agreement, dated as of November 14, 2002, and recorded on March 11, 2003, as Document No. 2003-172463, in the Official Records of Riverside County, California (the "Agreement"). The Agreement was entered into to facilitate the development of certain real property ("Site") more particularly described in the Agreement. B. Subsequently, City and Developer entered into "First Amendment to the Development Agreement 02-01" dated September 27, 2007 (Riverside County Document #2007-0663645, recorded October 29, 2007), and "Second Agreement to the Development Agreement 02-01" dated March 27, 2008 (Riverside County Document # 2008-0404071, recorded July 24, 2008). C. The Developer now desires to make an additional approximately 7.7t acres ("Additional Property") subject to the Agreement as amended by this Amendment. All 7.7t acres of the Additional Property are located within the City. The Additional Property is described as Tentative Tract 34943 and as shown on Exhibit A-7 attached hereto. D. The Developer does hold fee title to all of the Additional Property. 3 ORDINANCE NO. 1208 E. City and Developer now desire to amend the Agreement in the manner set forth herein pursuant to Section 1000 of the Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the Parties, the Parties hereto agree as follows: AGREEMENT 1. Effective Date. This Amendment shall become effective on the date which is two (2) business days after the date which is thirty (30) days after date of final adoption by the City of the ordinance approving this Amendment ("Effective Date"). From and after the Effective Date, all references to the Agreement shall automatically be deemed to mean the Agreement as amended by this Amendment. 2. Defined Terms. All capitalized terms used but not defined herein shall have the meaning set forth in the Agreement. 3. Effect on Additional Property. This amendment will bind the Additional Property upon the effect date since Developer in Recital D. indicates the ownership of fee title. In additional the Additional Property shall be subject to and bound by the Original Agreement set forth in Recital A and the First and Second Amendments set forth in Recital B. 4. Expansion of Site. From and after the Effective Date, the Site will be expanded to add thereto the Additional Property, consisting of an additional approximately 7.7t acres within the City, and thereafter the term "Site" as used in the Agreement shall be deemed to include both the original Site as defined in the Agreement as originally entered into, and the Additional Property. 5. Revised Exhibits. On the Effective Date: (i) Exhibit A-7 attached to this Amendment shall be included with Exhibit A attached to the Agreement; (ii) Exhibit C attached to this Amendment shall be substituted for the Exhibit C attached to the Agreement; and (iii) Exhibit D attached to this Amendment shall be substituted for the Exhibit D attached to the Agreement. 6. Covenants Run With Land. It is specifically understood and agreed by and between the Parties hereto that the Agreement and this Amendment shall not be severable from Developer's interest in the Additional Property, and the provisions of the Agreement as amended by this Amendment shall constitute covenants which shall run with the Site or any portion thereof upon the recordation against the Additional Property of the Agreement and this Amendment, and that thereafter the benefits and burdens of the Agreement as amended by this Amendment shall bind and inure to all successors in interest to the Parties. 7. Interpretation. This Amendment shall be interpreted to give each of the provisions their plain meaning. The Recitals are incorporated into this Amendment. 0 ORDINANCE NO. 1208 B. Entire Agreement. This Amendment is executed in duplicate originals, each of which is deemed to be an original. This Amendment consists of six (6) pages and three (3) exhibits, which constitute the entire understanding of the Parties as to the matters set forth in this Amendment. 9. Status of Agreement. Except as modified by this Amendment, the terms and provisions of the Agreement shall remain in full force and effect. 10. Amendments to Article 2, Section 201(1) Residential Development: From and after the Effective Date, Article 2, Section 201(1) shall be revised to read: "The area of the site designated for residential development on the site plan showing anticipated facilities and their locations on the site attached hereto as Exhibit C may be developed with up to fifty two (52) residential dwelling units (each, a "DU"). Notwithstanding any provisions to the contrary set forth in Chapter 25.100 of the Palm Desert Municipal Code, each of no more than twenty (20) DU may (but need not) in developer's sole discretion be sold as up to nine (9) fractional interests, each of which fractional interests shall permit the owner of such fractional interests to occupy a DU (which may or may not be the DU in which such owner has a fee interest) for a portion of each calendar year. The remaining thirty two (32) DU of the entitled fifty two (52) DU shall not exceed one (1) ownership, which is an amendment from the originally approved sixty one (61) total dwelling units." [SIGNATURES ON FOLLOWING PAGE] 5 ORDINANCE NO. 1208 IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date and year first above written. "CITY" CITY OF PALM DESERT, a California Municipal Corporation Effective Date: By: Jean M. Benson, Mayor, City of Palm Desert 2011 Attest: City Manager Approved as to form: City Attorney "DEVELOPER" STONE EAGLE DEVELOPMENT, LLC aA Delaware (Limited liability companyLiability Company Date of Submission by Developer: By: 2011 A ORDINANCE NO. 1208 State of California ) )SS. County of Riverside ) On , 2011 , before me, , a Notary Public, personally appeared , who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature State of California ) ) SS. County of Riverside ) (seal) On 12011 , before me, , a Notary Public, personally appeared , who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 7 ORDINANCE NO. 1208 Exhibit A-7 TENTATIVE TRACT MAP 34943 THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF PALM DESERT, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: The Southeast quarter of Government Lot 2 in the Northwest quarter of Section 31, Township 5 South, Range 6 East, San Bernardino Meridian according to the official plat thereof. Excepting therefrom that portion lying North of the South line of and its Easterly extension of Tract No. 20024, in the City of Palm Desert, as shown by Map on file in Book 211, Page(s) 90 through 94, inclusive of Maps, in the Office of the County Recorder of Riverside County, California. Excepting therefrom that portion conveyed to the Coachella Valley County Water District by deed recorded August 23, 1971 as Instrument/File No. 94950 of Official Records. APN: 652-090-002 701 -a IM 3U A BMW SY YJW id IOIDWOOV, 3HL 39 AWI M SM 4 , I MM SNNNM 3KL MW I 3MO ON am tt tj XIS AIMOA JO Y aSYN AIS 3M 0 3W 381 3MM HMKW M3U5 wo I fl Wo ON sm . AUMMM (09) AM AD -NIM V M MM 9 US 1 3L :WOM Mou BEEN sm swim Wk MY x1m 2702 MGM wmv k TWIT &AUWd MOLLYMOM(I WWOHd ,0,, UeIHXa WaN IN3%KrEM :0 AWVM z 0 m z 0 ORDINANCE NO. 1208 EXHIBIT D BUILDING HEIGHTS AND SETBACKS The following development standards shall apply for TTM 34943: Minimum Building Setbacks: All custom lot setbacks will be reviewed on the individual merits of the submitted site plan. At a minimum, the following setbacks shall be maintained. Front Yard Setbacks: Fifteen (15) Feet Rear Yard Setbacks: Ten (10) Feet Interior Side Yard Setbacks: Five (5) Feet Building Heights: Residential buildings or structures shall not have a height exceeding twenty (20) feet from the approved finished pad elevation. Roof mounted equipment must be placed within said height limitations and shall be screened from view. Chimney height and other projections required by building codes will be examined on a case by case basis. Visual impacts and privacy views to or from adjacent structures will be considered. 10 ORDINANCE NO. 1209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.15 HILLSIDE PLANNED RESIDENTIAL (HPR) AMENDING THE APPROVED HPR RIDGELINE MAP, RELATING TO THE STONE EAGLE DEVELOPMENT (TT 34943, DA 02-01 AMENDMENT #3). CASE NO. ZOA 09-494, HTE 08-288 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 151" of December, 2009, hold a duly noticed public hearing which was continued to January 19 and February 16, 2010, to consider the request of EAGLE 6.5, LLC; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find facts and reasons to exist to justify denial of Tentative Tract Map 34943, Development Agreement 02-01 Amendment #3, and ZOA 09-494; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th of April, 2011, hold a duly noticed public hearing to consider an appeal of the Planning Commission decision of the request by EAGLE 6.5, LLC; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act', Resolution No. 10-26, in that the Director of Community Development has determined that the subject property was previously studied during the Hillside Planned Residential Zone update dated April 120, 2007, resulting in the filing of a Negative Declaration of Environmental impact. The proposed amendment is within the scope of the previously filed Negative Declaration and will not have an adverse affect on the environment and no further documentation is required; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify its actions as described below: 1. That the Zoning Ordinance amendment is consistent with the adopted General Plan and affected specific plans. 2. That the Zoning Ordinance amendment approval results in the approval of a project (Stone Eagle TT 34943, DA 02-01 Amendment #3, and ZOA 09- 494) that would reduce the total number of constructed units in hillside areas of Palm Desert, thereby achieving the goal of limiting grading and disturbance within the hillsides. ORDINANCE NO. 1209 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That ZOA 09-494, as delineated in the attached Exhibit A, is hereby ordained. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California K JEAN M. BENSON, Mayor ORDINANCE NO. 1209 EXHIBIT "A" ogPAUWAf EXHIBll' B RIDGELINE REVISION ZOA-09-494 J •^�- PROPOSED DATE: BE REMOVED e DATE: — RIDGE '�wFoRM�12/2009 1 inch = 200 feet VICINITY MAI' 3 �iYdit,I! L:►",, 73-S10 {Itlu W.uu\(, 1)an1 PAI %I l)1Ni It I, CAI II URI;I.1 9_260 - 2;78 I'll:76o 346—o6ti IAX: 760 141-7098 paten d, ,,,, -g CITY OF PALM DESERT LEGAL NOTICE CASE NOS. DA 02-01 AMENDMENT #3, TT 34943, AND ZOA 09-494 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider an appeal of a Planning Commission decision denying a request by Eagle 6.5 LLC., for a Tentative Tract Map, third amendment to Development Agreement 02-01 including an addendum to the previously approved Environmental Impact Report, and a Zoning Ordinance Amendment to the Hillside Planned Residential Ridgeline Map, allowing the subdivision of 7.7 acres into six residential lots. Subject property is located west of the Palm Valley Storm Channel at the termination of Old Stone Trail (APN: 652-090-002). CHOLIA Wl SAID public hearing will be held on Thursday, April 14, 2011 at 4:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. PUBLISH: Desert Sun LAURI AYLAIAN, Secretary April 2, 2011 Palm Desert Planning Commission April 14, 2011 HAND DELIVERED City Council of the City of Palm Desert Re: Case No. DA 02-01 Amendment # 3, HTE 08-288 Dear Members of the City Council of the City of Palm Desert: Stone Eagle, LLC supports Stone Eagle Development, LLC in their desire for approval of Tentative Tract Map 34943 and urges the City Council to authorize such development including use of seven (7) DUs under the Development Agreement. However, Stone Eagle, LLC does not support such application to the extent it results in a reduction of residential dwelling units (each a "DU") under the Development Agreement from sixty-one (61) to fifty-two (52). Stone Eagle, LLC strongly requests that the City permit the number of DUs to remain at sixty-one (61) while understanding that seven (7) of those DUs will be utilized for development of the real property which is the subject of TTM 34943. This would leave eight (8) DUs available for future development which is the subject of the Development Agreement and is anticipated to be used by Stone Eagle, LLC for clubhouse use. These developments would greatly benefit Stone Eagle Golf Club. A Development Agreement DA 02-01 was entered into by and between the City of Palm Desert (the "City") and Destination Development Corporation as Developer. Stone Eagle Development, LLC was the successor -in -interest to Destination Development Corporation, and Stone Eagle, LLC is the successor -in -interest to Stone Eagle Development regarding all of the golf -course related property and a portion of the open space property that is described in the Development Agreement. The Development Agreement provides that its covenants run with the land and that the benefits as well as the burdens inure to all successors -in -interest to the Parties thereto. In particular, Sec. 1000 states that the Development Agreement "may be amended from time to time with respect to any portion of the Site by mutual consent of the City and the Developer (to the extent that it continues to own any portion of the Site) and of the then -current owner(s) of the portions of the Site affected by such amendment, ..." A reduction in the DUs available under the Development Agreement affects all of the property identified on Exhibit C to the Development Agreement as being designated for residential development. The majority of that area is currently owned by Stone Eagle, LLC and the balance is owned by individual lot owners, Stone Eagle Golf Course Holdings, LLC (a subsidiary of Pacific Western Bank) and the Stone Eagle Association. 72-500 Stone Eagle rive, Palm Desert, CA 92260 Ph:760-775.6225 9 Fax:760.773.622.4- City Council of the City of Palm Desert April 14, 2011 Page 2 Yours very truly, STONE EAGLE, LLC, a California limited liability company By: Pacific Hospitality Group, LLC, KORY J. R, J.D., M.A. Vice Pres'd , Acquisitions & Develop e - Pacific Hospitality Group, L Telephone: 949.474.7368 x223 EFax: 949.315.3895 Email: kkramer(cDpacifichospitality.com SMM:gty ecc: Ted Lennon; Tim Busch; Sheila Muldoon etckl:SMM:04:25:11 6630.0620 Letter from KJK to City Council of Palm Desert re DU Issue 506727 Klassen, Rachelle From: Grisa, Melissa Sent: Thursday, April 14, 2011 1:27 PM To: Klassen, Rachelle Subject: FW: Letter re: Stone Eagle Development Attachments: Letter from KJK to City Council of Palm Desert re DU Issue.pdf Hi Rachelle, Please forward this to City Council as the TT 34943 is on the agenda tonight. Thank you, MISSY GRISA, LEED AP City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, CA 92260 Phone: 760.346.0611 ext. 384 Fax: 760.776.6417 From: Kory Kramer,[mailto:kkramerCstbuschfirm.coml Sent: Thursday, April 14, 2011 11:31 AM To: Grisa, Melissa Cc: Lennon, Ted Subject: Letter re: Stone Eagle Development Missy — Attached is a letter of support for Stone Eagle Development LLC by Stone Eagle LLC. Please forward to the Council prior to today's meeting. I will also be present at today's Council hearing along with Ted Lennon. Thanks, Kory Kory J. Kramer, J.D., M.A. Chief of Staff - The Busch Group Managing Director - The Busch Firm Vice President, Acquisitions & Development - Pacific Hospitality Group, LLC 2532 Dupont Drive Irvine, CA 92612-1524 Telephone: 949.474.7368 x223 EFax: 949.315.3895 Email: kkramer�ic ,buschfirm.com kkramer kpacifichospitality.com This message and any files attached herewith are confidential and may contain privileged material for the sole use of the intended recipient. Any unauthorized review, distribution, disclosure, copying, use, or dissemination, either whole or in part, is strictly prohibited. If you are not the intended recipient of the message, please notify the sender immediately by return e- mail or telephone (949-474-7368), delete the original message including the attachments and destroy all hard copies. If you are the intended recipient, please be aware that since a -mails can be altered electronically, the integrity of this communication cannot be guaranteed.