Resolution No. 2022-93 did not include conditions of approval for Lot A. The Final Tract Map to be considered by City Council (FTM 38434-1) omits the portion of the City right of way within Lot A for the approval and recordation of the map. The City will execute agreements with the Applicant for maintenance and infrastructure obligations of the portion of city public right of way which will remain in effect until the City conveys the property to the Applicant at a future date.
Legal Review:
This report has been reviewed by the City Attorney’s office.
Environment Review:
Sales of surplus government property are exempt from the California Environmental Act (CEQA) pursuant to Title 14 Section 15312 of the California Code of Regulations.
FINANCIAL IMPACT:
There is no direct financial impact to the General Fund with this action.
ATTACHMENTS:
1. Resolution
1308
RESOLUTION NO. 2024-056
RESOLUTION OF THE CITY COUNCIL OF CITY OF PALM DESERT
DECLARING PURSUANT TO GOVERNMENT CODE SECTION
54221 THAT REAL PROPERTY OWNED BY THE CITY LOCATED AT
THE TERMINUS OF EXPLORER DRIVE IS EXEMPT SURPLUS
LAND, AND FINDING THAT SUCH DECLARATION IS NOT A
PROJECT SUBJECT TO ENVIRONMENTAL REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS, the City of Palm Desert (the “City”) is the owner in fee simple of that certain real property described in Exhibit “A”, attached hereto and incorporated herein, known as a right of way portion of the terminus of Explorer Drive which property is approximately 0.13 acres or 5,821 square feet in size and is located within the City of Palm Desert (“Property”); and
WHEREAS, the Property is less than one half acre in area, or 21,780 square feet, and it is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes; and WHEREAS, the City no longer has any use for the Property; and WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. (as amended, the “Act”), applies when a local agency disposes of “surplus land,” as that term is defined in Government Code section 54221; and WHEREAS, the Property is “surplus land” under the Act, because it is land owned in fee simple by the City for which the City Council will take formal action (in the form of adoption of this resolution) in a regular public meeting declaring that the land is surplus and is not necessary for the City’s use; and WHEREAS, the Property may be declared exempt surplus land if it is less than one-half acre in area and it is not contiguous to state or local agency property used for open-space or low- or moderate-income housing (Government Code section 54221(f)(1)(B)); and
WHEREAS, none of the characteristics listed under Government Code section 54221(f)(2) apply to the Property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert as follows:
SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution and findings of the City Council.
SECTION 2. The City Council hereby finds that (i) the Property is no longer necessary for the City’s use, (ii) the Property is smaller than one-half acre in area because it is approximately 0.13 acres or 5,821 square feet in area, and (iii) the 1309
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Property is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes. Furthermore, none of the characteristics listed under Government Code section 54221(f)(2) apply to the Property.
SECTION 3. The City Council therefore declares that the Property is exempt surplus land pursuant to section 54221(f)(1)(B) of the Act.
SECTION 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the mere designation of the Property as exempt surplus and authorization for the City Manager to comply with the Act do not qualify as a “project” as defined in State CEQA Guidelines section 15378. First, Section 15378 defines a project as an activity that “has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (State CEQA Guidelines, § 15378(a).) Here, the action is to declare the Property as exempt surplus, which will not result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Accordingly, the action is not a “project” subject to CEQA. (State CEQA Guidelines, § 15060(c).) Second, Section 15378 explicitly excludes from its definition of “project” the following: “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” (State CEQA Guidelines, § 15378(b)(5).) The action to designate the Property as exempt surplus land constitutes an organizational or administrative activity that will not result in a physical change in the environment, and it therefore is not subject to CEQA. This Resolution does not constitute a binding commitment to any particular use of the Property.
SECTION 5. The City Manager or designee is hereby authorized and directed to send a copy of this Resolution to the California Department of Housing and Community Development in accordance with the requirements of Section 400(e) of the SLA Guidelines.
SECTION 6. If any section, subsection, paragraph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.
SECTION 7. Effective Date. This Resolution shall take effect immediately upon this adoption.
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ADOPTED ON JULY 11, 2024
________________________________
KARINA QUINTANILLA
MAYOR
ATTEST:
________________________________
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-056 is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on July 11, 2024, by the following vote:
AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________.
ANTHONY J. MEJIA
CITY CLERK
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Resolution No. 2024-056 Page 4
Exhibit A
Property Description
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CITY OF PALM DESERT
CITY MANAGER’S OFFICE
INTEROFFICE MEMORANDUM
Date: July 11, 2024
To: Honorable Mayor and Councilmembers
From: Anthony J. Mejia, City Clerk
Subject: City Council Meeting of July 11, 2024
Below you will find questions received from the Mayor or Councilmembers and answers provided by City staff regarding tonight’s City Council meeting:
ITEM 2a: STUDY SESSION: IMPERIAL IRRIGATION DISTRICT’S ENERGY INFRASTRUCTURE
PARTNERSHIP
Q1: Regarding the IID substation, is it correct that we will not be liable for the $5 million in bonds, as we will either be reimbursed by other property owners or indirectly through increased sales tax revenue over several years
A1: The City would front the initial cash outlay to get the substation underway and then require payback agreements prior to the landowners developing their properties. The City may be out $1- $3 million over the next decade or two depending on the speed of development. Without the substation, the property owners are frozen out.
ITEM 13a: APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY
MINUTES
After further review, the City Clerk recommends the approval of the June 27, 2024, City Council Meeting minutes with the following revision:
15a. APPEAL OF THE BUILDING BOARD OF APPEALS DETERMINATION OF THE CHIEF BUILDING OFFICIAL’S APPLICATION OF THE 2022 CALIFORNIA RESIDENTIAL CODE, SECTION R310.1 (EMERGENCY ESCAPE AND RESCUE)
Dylan Guzel, provided closing remarks on behalf of the City, asserted that there are regulations that businesses are required to follow that homeowners do not in order to protect the public; asserted that this action is not considered a regulatory taking as the City stated the room was never intended to be a bedroom, the City did not sell or advertise the unit, and the City upheld the Code at the time of construction.
Dylan Guzel, Deputy City Attorney, provided closing remarks on behalf of the City; pointed out that a vacation rental is a commercial endeavor which is subject to regulations similar to other businesses; noted these regulations are in place for the public health and safety during emergencies; asserted that the County Assessor’s Office statements regarding the number of bedrooms are based on a visual floorplan inspection without comparison to the California Building Codes and pointed out these representatives are not official building inspectors, architects, engineers, or professionals in that capacity; opined that the City’s actions are not a regulatory taking as the City has consistently applied the building code standard that dens cannot be used as a sleeping room and had no role in the advertising or marketing of the property. 1313
06/27/2024 Question & Answer Memo
Carrie Kropfl, Appellant, provided closing remarks; stated she represents the innocent victims; urged the City prepare a disclosure form for short-term rental operators and renters, and send a cease and desist letter to Monterey Country Club property management.
Carrie Kropfl, Appellant, provided closing remarks; voiced support for allowing potential renters to sign a disclosure form regarding the use of a den as a sleeping room; asserted that other communities have advertised dens attached to an atrium as bedrooms and that Coachella Valley cities need to address false advertising, including the City of Palm Desert issuing a cease and desist letter to the Monterey County Club management; opined that the City’s interpretation will impact not only vacation rental owners but also all properties with a similar floorplan, leading to a reduction of a bedroom and decreased property values.
ITEM 13b: APPROVAL OF WARRANT REGISTERS
Q1: Where is the $13 million coming from to buy the parcels? (Page 43) A1:The sale of the property at Desert Willow (DW) is $4.6 million. That’s the only amount coming from the City. There are a few transactions happening in this one register:
1. The City is buying the property (DW Parking Lot) from the SARDA at Fair Market Value ($4.6M) from our Golf Amenity Fees - Capital Funds (441) with the first wire - #57353787.
2. The 2nd and 3rd wires are a result of staff reaching out to the County due to a stale dated check.
The County of Riverside lost the SARDA check ($4.4M) related to the sale of land from SARDA to Vitalia/Pacific West for affordable housing, so we canceled payment and reissued wire #71465195. The additional $16k, was a separate part of that transaction as well - #71465387.
3. The SARDA then sent the $4.6M proceeds (DW Parking Lot) to the County of Riverside for distribution to the various taxing entities - #72032577.
Ultimately, the City (as a taxing entity) will receive a small apportionment from each of these transactions. Those proceeds are then deposited into the Economic Development Fund upon receipt.
ITEM 13g: ADOPT RESOLUTION OPTING INTO SETTLEMENT AGREEMENT WITH
DISTRIBUTORS OF OPIOIDS, GROCERY CHAIN KROGER, AND FUTURE PROPOSED
OPIOD SETTLEMENTS
Q1: What is the estimated amount that the City is expected to receive from this settlement? A1: Based on the amount awarded to the State of California and our other settlement allocations, an estimate could be around $40,000 disbursed over 11 years. 1314
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ITEM 13j: AWARD CONTRACT TO PBK ARCHITECTS, INC., FOR ARCHITECTURAL DESIGN SERVICES OF FIRE STATION 33 AND 71 (CFA00017 & CFA00019) Q1: This item includes the recommendation to demolish and rebuild Station 71. Is this item intended to approve that recommendation? If so, could you provide more information on the following aspects:
a. What is the justification for this recommendation given that a rebuild costs $1,272,905 more than renovation?
b. What is the plan for timing and provision of services during the demolition and rebuild process?
c. How will service disruptions be managed, considering that renovations can be done in stages to minimize disruptions, whereas demolition and rebuild inherently include delays? A1: Staff estimates that the construction will take approximately 12-14 months. The current plan involves setting up temporary housing for both Fire Stations during this period to minimize impacts on response times. We considered moving staff to other Fire Stations and having FS 102 assist with calls from FS 67. However, current trends indicate that assistance from FS 102 to FS 71 will be limited. CalFire Chiefs support the recommendation for temporary housing.
FS 33 has ample space to accommodate a temporary site. However, FS 71 is located on a small parcel, making it impossible to host temporary housing and construction activities simultaneously.
Therefore, staff is exploring nearby city-owned lots for temporary housing, bays, and equipment during construction. The goal is to minimize impacts on response times as much as possible. Staff will continue to adjust this plan as the design progresses.
The renovations will involve the demolition and structural reconfiguration of the building's interior, making it unsafe for Cal Fire staff to work in the building during construction.
ITEM 13k: AWARD ON-CALL CONTRACTS TO MULTIPLE VENDORS FOR PARK AND
FACILITIES REPAIRS AND IMPROVEMENT PROJECTS
Q1: What has been the budgeted dollar amount for these CIP projects in previous years? This year's budget is $5.3 million.
A1: Although the on-call facilities maintenance and repair agreements can be utilized to complete task orders for capital projects, staff primarily utilize the agreements to accomplish updates on deferred maintenance or minor repair projects as needed. The budget for these agreements includes both capital and operations funding.
Previous fiscal years’ Park and Facilities CIP project budgets are below:
• Fiscal Year 24/25 $5.3 Million
• Fiscal Year 23/24 $4.0 Million, increased to $5.7
• Fiscal Year 22/23 $3.5 Million
• Fiscal Year 21/22 $2.0 Million
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ITEM 13l: AWARD CONTRACT NO. C47680 TO JACOBSSON ENGINEERING CONSTRUCTION, INC., FOR THE EL PASEO CURB RAMP MODIFICATION PROJECT (PROJECT CST00025)
Q1: Can you provide the additional cost of undertaking this project as a standalone effort compared to incorporating it into the overall repaving scheduled for 2025? A1: Staff did not anticipate additional costs would be incurred by the City from splitting the project into two phases. The concrete work that will be constructed in Phase I of the project is typically performed by a subcontractor and the prime contractor marks up the subcontractors bid 10-15% to cover administration expenses related to the subcontract. By bidding the concrete work and the asphalt work separately staff expects the markup will be eliminated.
Q2: This item refers to curb and gutter work intended to be completed "in the summer of 2024." As it is now July 10th, could you please provide an updated timetable for this work? Given the current date, is it still feasible to complete the project within the summer timeframe? A2: The project will begin construction by August 1, 2024, and will be completed by September 15, 2024.The intent is to complete the project before the beginning of the busy season.
ITEM 13n: REJECT ALL PROPOSALS SUBMITTED FOR COURTESY PATROL SERVICES AT THE
HOUSING AUTHORITY PROPERTIES
Q1: Why did Courtesy Patrol Services decline to renew their contract? A1: The current service provider indicated that they are facing difficulties in securing the necessary insurance coverage, which has been an ongoing issue.
ITEM 13o: REJECT ALL BIDS, APPROPRIATE FUNDS, AUTHORIZE THE CITY MANAGER TO
AWARD A CONTRACT FOR THE CIVIC CENTER PARKING LOT REHABILITATION PROJECT IN AN AMOUNT NOT TO EXCEED $600,000
Q1: is this project for repaving or resealing/slurry?
A1: The entry/exit drive at Fred Waring is a re-pave, while the rest of the parking lot will be repaired as needed and slurry sealed. There is also a crosswalk near the Desert Recreation building that will be replaced with concrete. Please reference the “Area of Work Aerial” for further clarification.
ITEM 13s: APPROVE CONTRACT WITH FEHR & PEERS FOR THE PREPARATION OF A
GENERAL PLAN AMENDMENT TO THE MOBILITY ELEMENT IN AN AMOUNT NOT TO EXCEED $139,076 AND APPROPRIATE FUNDS
Q1: Can the language of the deliverables in Task 6 be revised to align with the broader scope described in the staff report, ensuring it includes collaboration with SunLine Transit Agency for a variety of public transit solutions, not just the evaluation of existing and proposed bus lines?
A1: This action will be included in Task 6 of the Scope of Work found in Exhibit A of the Professional Services Agreement. The formatting and text of the agreement for Task 6 has been revised to add a new bullet point for "Collaboration with SunLine Transit Agency ("STA") for a variety of public transit solutions". This will be in addition to the deliverable item for evaluation of existing and proposed bus lines. Staff has also revised task 3.1 to require collaboration with STA. 1316
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ITEM 14d: CONSIDERATION FOR APPROVAL OF A PORTION OF PUBLIC RIGHT-OF-WAY (EXPLORER DRIVE) IS “EXEMPT SURPLUS LAND” PURSUANT TO GOVERNMENT CODE SECTION 54221
Q1: Is this decision consistent with our previous surplus land/right-of-way decision that we voted on in South Palm Desert a few months ago?
A1: There is a small sliver of property that was missed in the original land sale to Refuge that needs to be addressed. Therefore, this portion of the city right-of-way was not in the City’s Central Inventory. The process will be consistent with the Surplus Land Act (SLA) requirements. Once the SLA process is cleared, the same per square foot charge will be applied to this property as was used in the initial sale.
ITEM 14e: ADOPT RESOLUTION APPROVING FINAL TRACT MAP NO. 38434-1 AND
AGREEMENTS
Q1: Could you provide the zoning rules that applied to the vacant land at the time when the property was developed and homes were sold on the south border of this development? Specifically, what was the maximum allowable height? Additionally, if there have been any changes to these zoning rules, when did they occur?
A1: In October 1995, during the original approval of residential Tract 28258, the vacant land ("Refuge Site") was designated PR-5 (Planned Residential 5 dwelling units/acre). The PR zoning designation allowed buildings up to two-stories with a maximum height of 24', with a minimum setback of 100' from the project perimeter for all two-story, detached, single-family structures.
In June 2012, as a requirement of State Housing Element law, the City approved a change of zone for a 38-acre portion of the Refuge Site from PR-5 to Planned Residential 20 dwelling units per acre (PR-20). The development standards for the PR zoning district did not substantially change until 2017.
In August 2017, as a part of a general plan consistency update, the City approved a change of zone for the entire vacant Refuge Site to PR-20 and amended the PR zoning district to allow threestory buildings with a maximum height to 40'-0", with a minimum setback of 100' from the project perimeter for all two-story, detached, single-family structures. 1317
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CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into this 11th day of July, 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578 (“City”) and FEHR & PEERS an S Corporation, with its principal place of business at 100 PRINGLE AVENUE, SUITE 600, WALNUT CREEK, CA 94596("Consultant").
The City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. Recitals.
2.1 Project.
The City is a public agency of the State of California and is in need of professional services for the following project:
Amendment of the Palm Desert Mobility (Circulation) Element of the General Plan (hereinafter referred to as “the Project”).
2.2 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant is duly licensed and has the necessary qualifications to provide such services.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to supply the services for the Project ("Services") as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2024, to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than TWO additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates.
The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be 07/11/2024
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responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services as expeditiously as is required by the Schedule of Services and the standard of care applicable to Consultant’s Services. Upon reasonable request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be in accordance with this Agreement .
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
The key personnel for performance of this Agreement are as follows: JASON D. PACK.
3.2.5 City's Representative. The City hereby designates Nick Melloni, Principal Planner, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates JASON D. PACK, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services exercising that degree of care, skill, and diligence ordinarily exercised by professionals performing similar services in the same or similar locale and under similar circumstances that of Consultant under this Agreement . Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the 1319
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Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; (5) pandemics, epidemics or quarantine restrictions; or (6) any other causes beyond the reasonable control of the defaulting or delayed Party. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 1320
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3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance.
Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the 1321
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effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.
If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Agreement.
3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied 1322
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by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or selfinsurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).
Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims 1323
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arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.
3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
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to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE HUNDRED, AND THIRTY-NINE THOUSAND AND SEVENTY-SIX DOLLARS ($139,076) without written approval of the City Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
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3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been performed in accordance with this Agreement to the date of termination, and Consultant shall be entitled to no further compensation.
Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and 1326
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other information within fifteen (15) days of the request, provided, however, City pays Consultant for its Services performed in accordance with this Agreement.
3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been performed in accordance with this Agreement y, and Consultant shall be entitled to no further compensation.
3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: FEHR & PEERS
3750 UNIVERSITY AVENUE, SUITE 225
RIVERSIDE, CA 92501
ATTN: JASON D. PACK, PRINCIPAL
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Nick Melloni, Development Services Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant 1327
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shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 1328
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3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information.
Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
3.6.5 [Reserved]
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s reasonable choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all reasonable expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives.
3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.
3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
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3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service 1330
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with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND FEHR & PEERS
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
Attest:
By:
Anthony J. Mejia
City Clerk
Approved as to form:
By:
Isra Shah
Best Best & Krieger LLP
City Attorney
FEHR &PEERS, an S Corporation
By:
Sarah Brandenberg
Vice President
By:
Lysa Wollard
Chief Financial Officer / Treasurer
QC: MN
Insurance:
_________
Initial Review
_________
Final Approval
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EXHIBIT “A”
SCOPE OF SERVICES
The Consultant shall provide full professional services to assist the City of Palm Desert Development Services Staff with an update of the City’s Circulation Element, also known as the Mobility Element of the General Plan.
Task 1: Project Management
Task 1.1: Kick-Off Meeting
The consultant will work with the City’s Project Manager to schedule a project kickoff meeting.
The consultant will prepare a draft agenda to discuss the project schedule and goals, and to confirm the approach to the transportation technical analyses, including travel demand modeling assumptions, roadway network scenarios, and the analysis scenario years. The team will also discuss available data sources and traffic count locations. Additionally, the consultant will discuss contract management and invoicing to ensure timely submittal pf invoices in accordance with City requirements.
Task 1.2: Regular Project Meetings
Recurring monthly meetings will be scheduled between the consultant and City staff to review analyses, deliverables, discuss findings, raise any issues or concerns, and provide an update on next steps.
Task 1.3: Contract Management
The consultant will submit monthly progress reports and invoices. The progress reports will recap work associated with the monthly invoice.
Task 1 Deliverables:
1.Kick-Off Meeting Agenda, including project schedule, data needs, regular status updates/meetings, and invoicing.
2.Monthly check-in calls/meetings (agendas and meeting minutes will be provided).
3.Monthly invoices and progress reports.
Task 2: Existing Conditions
Task 2.1: Data Collection and Review
The consultant’s initial review will include a review of relevant documents including the current General Plan, recent CEQA documents, regional planning documents (such as the Congestion Management Plan (CMP), Regional Transportation Plan (RTP), Area and Specific Plans, documents prepared by CVAG, local transit/active transportation plans, recent traffic impact studies prepared for new development, and any other planning documents that would provide additional information relative to the Circulation Update effort. The purpose of this review is to identify existing data needs and determine which of the previous data collection and mapping efforts can be employed in this analysis.
Task 2.2: Existing Conditions Assessment
Using the data collected in Task 2.1, a background technical report will be prepared documenting existing conditions in the area. This will include a regulatory context summarizing recent legislative requirements the General Plan should consider, existing roadway network classifications, existing and proposed active transportation facilities, transit service, existing truck and rail facilities, and relevant census information such as commute trip information, mode split information, and relative locations of where Palm Desert residents work and vice versa. Key issues and opportunities will be documented in this report. This report will also summarize the Streetlight traffic count data on study roadway segments and will highlight areas where traffic counts have changed significantly since the 2016 assessment was completed. 1333
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The consultant will prepare a draft background technical report and submit it to the City for one round of consolidated comments.
Task 2.3: Safety Assessment
The consultant will analyze publicly available collision information to summarize roadway collision trends that will assist in identifying a High Injury Network (HIN) as required by SB 932. This HIN network will be used to supplement and inform policies in this element update. The consultant will also work with the City to better understand and reference the City’s Vision Zero Strategy study.
These findings will be provided in a series of charts that will be included in the existing conditions background technical report.
Task 2.4: Update Travel Demand Model
The consultant will utilize either the latest version of the RIVCOM travel demand model or the previously developed City model for this effort. Next, any proposed changes in land use and the roadway network will be updated in the model. The model will be used to compare the Adopted General Plan Circulation Element and the proposed Circulation Element Update with any associated land use changes.
It is anticipated that this traffic model will be employed for the following purposes:
•Testing roadway network and classification alternatives •Analyzing the level of service at study roadway segments •Forecasting VMT for the City using a couple of different methods. This can be used to better understand how VMT can/should be incorporated into the City’s policy document and to help inform VMT guidelines for the City.
Task 2 Deliverables:
1.List and map of study segments for Streetlight data collection
2.Draft background technical report, including safety assessment
3.Final background technical report, including safety assessment Task 3: Alternatives Development
Task 3.1: Engagement & Coordination
The consultant will meet with City Staff, and other agencies, to review transportation network issues and needs based on existing and expected network operations. This engagement must include collaboration SunLine Transit Agency for a variety of public transit solutions. Additionally, the consultant will hold one council workshop to review current issues and potential opportunities with various stakeholders.
Task 3.2: Roadway Network Alternatives Development
It is anticipated that up to two (2) proposed alternatives will be developed consisting of roadway network, lane, classification, and/or truck routing changes. The updated travel demand model will be used to determine a single preferred roadway network alternative for a future year model. The consultant will discuss with City Staff the appropriate approach to developing forecasts for this effort.
Task 3 Deliverables:
1. Council issues and opportunities workshop materials and attendance
2. Memorandum documenting input from stakeholders, proposed alternatives, and VMT differences for each alternative
Task 4: SB 743 Transportation Impact Assessment Guidelines The consultant shall prepare updated Transportation Study Guidelines that cover both the CEQA requirements under SB 743, as well as the City’s desire to maintain Level of Service (LOS) requirements. The consultant will review the City’s current Transportation Study Guidelines and state requirements provided by the Governor’s Office of Planning and Research. 1334
Contract No. C48060
Exhibit “A”
Revised 07-2023
BBK 72500.00001\32374915.1
The consultant will prepare detailed guidelines that explain how to prepare a VMT assessment for screening out projects, as well as how to prepare a VMT analysis for projects that do not screen out. The consultant will also work with City Staff to identify areas of the City where the LOS expectations may need to change. Changes will be incorporated into the Transportation Study Guidelines. Maps will be prepared to identify development locations that screen out of VMT assessment.
Task 4 Deliverables:
1.Draft Transportation Study Guidelines
2.Final Transportation Study Guidelines
Task 5: Roadway Network Recommendations
Task 5.1: Roadway Network Alternatives Modeling
The consultant will model up to two roadway network changes. As part of this exercise, they will calculate the VMT changes associated with the roadway network alternatives.
Task 5.2: Roadway Classifications and Roadway Network Recommendations The consultant will review the results of the alternative roadway network analyses and develop recommendations for altering functional operations and mobility within each roadway classification. These recommendations may consist of changes to roadway classifications or network changes, such as vacating roadway segments, adding or reducing capacity to existing roadways, and/or safety or operational improvements. These changes will consider potential effects on other transportation modes, such as pedestrians, bicyclists, and public transit. The consultant will also review existing truck routes and recommend changes to support industrial development and goods movement. Changes will also include a review of roadway cross-sections to ensure consistency within the General Plan (e.g. consistency with the area plans within the document) and consistency with other planning documents in the City (like the ATP).
Task 5 Deliverables:
1.Draft Technical Memorandum recommending changes to roadway classifications and/or the City roadway network
2.VMT modeling showing change in VMT
3. Present proposed changes (a PowerPoint presentation and present at one (1) meeting)
4.Final Technical Memorandum recommending changes to roadway classifications and/or the City roadway network with input from meeting incorporated per City Staff’s direction Task 6: Circulation Element Update:
Based on recommendations provided in Task 5 and discussions with City Staff, the consultant will develop an initial set of transportation policies related to various items for incorporating into the Circulation Element Update, including but not limited to:
•VMT transportation impacts
•Level of Service (LOS)
•Maximum allowable roadway cross sections
•Consistency with other state laws (e.g. SB 330, SB 35) •Coachella Valley Passenger Rail Service
•Transit System including an evaluation of existing and proposed transit lines •Collaboration with SunLine Transit Agency for a variety of public transit solutions •Transportation Demand Management (TDM)
•Safety and Vision Zero Strategies
•Emergency Evacuation Routes
These policy changes will address changes in state law, specifically AB 1358 (Complete Streets requirement), SB 932 (Safe Systems and Vision Zero Approach requirement), SB 743, and SB 330 (clarifying roadway improvement requirements for new housing developments). 1335
Contract No. C48060
Exhibit “A”
Revised 07-2023
BBK 72500.00001\32374915.1
The consultant will develop the initial policies and present these policies to City Staff for review.
The consultant will combine the information developed in the previous tasks into a comprehensive Circulation Element (including text, graphics, and policies). An implementation matrix will also be prepared to align action steps with added and edited policies.
Task 6 Deliverables:
1Draft Circulation Element Update and Implementation Matrix
2.Final Circulation Element Update Implementation Matrix Task 7: CEQA
The focus of the project will be to update the Circulation Element of the General Plan to create better guidance on meeting Vehicle Miles Travelled (VMT) reductions, improve safety by incorporating Vision Zero, and review of the policies to ensure they meet the needs of the City.
The project consultant shall prepare the necessary documentation to ensure compliance with the California Environmental Quality Act (CEQA). The Consultant shall prepare necessary steps for compliance with Senate Bill-18 Tribal Consultation. Completion of the SB 18 process is needed prior to acting on the project.
This scope does not include:
•Public distribution of document
•Attendance at public hearings
•Copies
•Filing fees
•Technical studies (i.e. traffic, AQ, GHG, Noise)
Task 7 Deliverables:
1.Administrative Draft and Public Draft Addendum, SB-18 Tribal Consultation Letters, Notice of Determination, Notice of Completion.
1336
Contract No. C48060
Exhibit “B”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT "B"
SCHEDULE OF SERVICES
(SEE FOLLOWING PAGE)
1337
Contract No. C48060
Exhibit “C”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT "C"
COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA. (SEE FOLLOWING PAGE)
1338
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: July 11, 2024
PREPARED BY: Rosie Lua, Deputy Director of Development Services REQUEST: ADOPT RESOLUTION APPROVING FINAL TRACT MAP NO. 38434-1
AND AGREEMENTS
RECOMMENDATION:
1. Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF FINAL TRACT MAP NO. 38434-1.”
2. Authorize the Mayor to execute Agreement for the construction and maintenance of a portion of public right of way
3. Authorize the City Attorney to make necessary, non-monetary changes to the Agreements and City Manager to execute any changes to said Agreements. * Note: This item may be pulled from the agenda if the final attachments are not provided by Wednesday, July 10, 2024.
BACKGROUND/ANALYSIS:
On November 17, 2022, the City Council approved the Refuge Specific Plan (SP22-0001), a request by Refuge Palm Desert, LLC (Applicant), 17755 Sky Park Cir, Ste 101, Irvine, CA 92614 to establish five (5) planning areas, up to 969 residential dwelling units and related improvements on a 106.4-acre site located at the southwest corner of Gerald Ford Drive and Rembrandt Parkway. Concurrently, the City Council approved Tentative Tract Map 38434 (TTM 38434) by Resolution No. 2022-93, to subdivide a 93.56-acre portion of the proposed site into 1 condominium lot (14.29 acres) and 339 single family residential lots and its associated club house, open space, retention basins, and infrastructure (approximately 78 acres).
On September 5, 2023, the Planning Commission approved by Resolution No. 2841, a request to modify the layout to reduce the previously approved TTM 38434 to 332 single family residential lots and modify pad elevations. On March 5, 2024, the Planning Commission approved by Resolution No. 2859, an additional request by the Applicant to modify pad elevations.
TTM 38434 identified Lot A as a private open space lot totaling 1.16 acres. However, a portion of Lot A of TTM 38434, approximately 0.13 acres or 5,821 square feet is public right of way (Explorer Drive) which is owned by the City of Palm Desert (City); now considered as excess right of way. The Refuge Specific Plan included a vehicular circulation plan that designed a curvature of the proposed future extension of Explorer Drive, which created an excess portion of right of way. At a future date the city intends to convey the 0.13-acre excess right of way to the Applicant.
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City of Palm Desert
Adopt Resolution Approving Final Tract Map No. 38434-1
Resolution No. 2022-93 and subsequent approvals did not include conditions of approval for Lot A. Final Tract Map 38434-1 omits the 0.13-acre excess right of way within Lot A for the approval and recordation of the map. Upon approval, the City will enter into an agreement with the Applicant for maintenance and infrastructure obligations of the excess right of way, which will remain in effect until the City conveys the 0.13 acres to the Applicant.
In addition, the City processed and approved an application for a Parcel Map Waiver (PMW23- 0006) for a lot line adjustment creating the boundaries of the condominium lot (14.29 acres) identified in TTM 38434. The Certificate of Compliance and perfecting deeds have been recorded in the official records of Riverside County.
The Final Tract Map No. 38434-1 (FTM 38434-1) is a phased portion of the map that includes 135 single family residential lots, 10 public street and infrastructure lots, 11 lots of open space including retention basins, and 1 lot to include the club house (approximately 38.23 acres). The phasing of the TTM 38434 was permissive through Condition of Approval No. 21 of Resolution No. 2022-93 with approval of the City Engineer and financial securities for all public improvements associated with the phase.
The Covenants, Conditions, and Restrictions (CC&Rs) of the Homeowner’s Association (HOA) documents the maintenance obligations for the proposed site which includes maintaining all lots reserved for open space, landscaping and storm drain purposes, and all landscaping located in the public right of way adjacent to private property and within medians and roundabouts within the community.
The Subdivision Improvement Agreements (SIA) and Grading Agreement and associated bonds subsequently were submitted by the applicant to guarantee the completion of construction. The City Engineer has determined that FTM 38434-1 meets the application requirements of the Subdivision Map Act and the City’s ordinances. The Final Map has been deemed technically correct by the City Engineer and the Conditions of Approval in Resolution have been satisfied for FTM 38434-1.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is no direct impact to the General Fund with this action. However, once the proposed public streets are completed and accepted, their long-term maintenance will be the responsibility of the City of Palm Desert.
ATTACHMENTS:
1. Resolution No. 2024-____
2. Conditions of Approval of Resolution Nos. 2022-93, 2841, and 2859
3. Tentative Tract Map 38434
4. Final Tract Map 38434-1
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City of Palm Desert
Adopt Resolution Approving Final Tract Map No. 38434-1
5. Grading Agreement
6. Grading Bond
7. Subdivision Improvement Agreement
8. Subdivision Improvement Bonds
9. Grant of Easement for Explorer Drive
10.Emergency Access Agreement
11.Maintenance and Easement Agreement
12.Vicinity Map
1341
1342
RESOLUTION NO. 2024-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP 38434-1.
WHEREAS, Parcel Map conforms to the requirements of the Subdivision Map Act and City Ordinances; and
WHEREAS, the Tentative Tract Map 38434 (TTM38434) was approved to subdivide 93.5 acre site into 1 condominium lot (14.29 acres) and 332 single family residential lots (approximately 70 acres): and
WHEREAS, the TTM 38434 identified Lot A as a private open space lot totaling
1.16 acres which included a portion of city right of way (5,821 square feet) of Explorer Drive. The future extension of Explorer Drive was designed to curvature the street resulting in portion of public right of way to be an excess area. The TTM 38434 identified this area as private open space; and
WHEREAS, the Final Subdivision Map of Tract Map 38434-1 has been approved by the City Engineer as a phasing map and securities posted for the associated phases.
Final Subdivision Map of Tract 38434-1 includes 135 single family residential lots, 10 lots for public streets, 11 lots for private open space, and 1 lot for the clubhouse (38.23 acres).
It has excluded the 5,821 square foot portion of right of way. City will execute a maintenance and easement agreement for that portion of right of way with Applicant to be maintained in perpetuity: and
WHEREAS, the Final Subdivision Map of Tract Map 38434-1, has met the Conditions of Approval for this project (Resolution Nos. 2022-93, 2841, and 2859).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows:
SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Final Subdivision Map of Parcel Map 38434-1, City of Palm Desert, California, is hereby approved as the official map of said tract, subject to the conditions of the Tentative Map.
SECTION 3. The Director of Development Services is directed to process the Parcl Map for recording upon receipt of the required payment of all fees.
SECTION 4. Effective Date. This Resolution shall take effect immediately upon this adoption.
1343
Resolution No. 2024-____ Page 2
ADOPTED ON ________________, 2024.
KARINA QUINTANILLA, MAYOR
ATTEST:
ANTHONY J. MEJIA, CITY CLERK
1344
Resolution No. 2024-____ Page 3
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2022-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________, 2024.
ANTHONY J. MEJIA
CITY CLERK
1345
1346
PLANNING COMMISSION RESOLUTION NO. 2859
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A REVISION TO APPROVED PAD ELEVATIONS FOR TENTATIVE TRACT MAP 38434 TO ACCOMMODATE A 332 SINGLE-FAMILY HOME RESIDENTIAL DEVELOPMENT ON A 93.56-
ACRE PROJECT SITE SOUTH OF GERALD FORD DRIVE AND WEST OF PORTOLA ROAD WITHIN THE REFUGE SPECIFIC PLAN AREA (APNS:
694-310-009 & 694-31-011)
CASE NOS. TTM 38434 (TTM23-0002)
WHEREAS, the City Council of the City of Palm Desert, California, did on the 17th day of November 2022, adopt Resolution No. 2022-93, adopting a Mitigated Negative Declaration (MND) of Environmental Impact pursuant to the California Environmental Quality Act (CEQA), and approving the Refuge Specific Plan; and
WHEREAS, the City Council of the City of Palm Desert, did on the 17th day of November 2022, hold a duly noticed public hearing and adopt City Council Resolution No. 2022-94 to approve Tentative Tract Map (TTM) 38434 to subdivide 93.56 acres into individual parcels, including one (1) lot for condominium purposes, 339 single-family residential lots, and lots for public streets, private streets, and open space areas within the Refuge Specific Plan (“Specific Plan”); and
WHEREAS, Pulte Homes (“Applicant”), submitted a TTM Revision application to revise Tentative Tract Map 38434 to subdivide 93.56 acres into individual parcels, including one (1) lot for condominium purposes, 332 single-family residential lots, and lots for public streets, private streets, and open space areas (“Project”) within the Specific Plan; and WHEREAS, the Project site has a land use designation of Town Center Neighborhood (TCN) in the General Plan adopted on November 10, 2016, and zoning designation of Refuge Specific Plan adopted on November 17, 2022; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of September 2023, hold a duly noticed public hearing and adopted Planning Commission Resolution No. 2841, with conditions of approval, to approve the request by the Applicant for a revision to TTM 38434; and
WHEREAS, Planning Commission Resolution No. 2841 approved pad elevations for the development based on a Preliminary Grading Plan dated August 17, 2023; and
WHEREAS, the Applicant submitted an application for a Rough Grading permit which proposed revisions to the aforementioned approved pad elevations, approved by Planning Commission Resolution No. 2841; and
WHEREAS, the Project can be found consistent with the previously adopted Mitigated Negative Declaration of Environmental Impact pursuant to the California Environmental Quality Act (CEQA) and corresponding Mitigation Monitoring Report Program, adopted via Council Resolution No. 2022-93; and
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1347
PLANNING COMMISSION RESOLUTION NO. 2859
2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March 2024, hold a duly noticed public hearing to consider the request by the Applicant for a revision to the approved pad elevations for TTM 38434; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report exist to justify approval of said request; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows:
SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. Findings on Tentative Tract Map. Under PDMC Section 26.20.100(C), the findings for the tentative map are the following:
1. That the density of the proposed subdivision is consistent with applicable general and specific plans.
The map has been found to be consistent with the density, lot development standards, and land uses of the Specific Plan and the General Plan Land Use Designation for the Town Center Neighborhood. No changes to density are proposed as part of this action.
2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans.
The design and improvement of the subdivision is consistent with the applicable Specific Plan requirements for lot standards, the circulation, and distribution of land uses. No changes to design or improvement are proposed as part of this action.
3. That the site is physically suitable for the type of development.
The site is physically suitable for the mix of single-family and multi-family housing development. The site has suitable access, grading, drainage, and zoning to allow the development.
4. That the site is physically suitable for the proposed density of development.
The site is physically suitable for the density of development. The allowable density for the site has been evaluated by the General Plan. The Applicant has prepared the appropriate technical studies to assess that the site is physically suitable to DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1348
PLANNING COMMISSION RESOLUTION NO. 2859
3 develop. The MND for the Specific Plan identifies required mitigation. No changes to density are proposed as part of this action.
5. That the design of the subdivision or the improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat.
The design of the subdivision and improvements will not cause damage or substantially injure wildlife habitat. The subject property is in an urbanized area of Palm Desert and is adjacent to major roadways, including Gerald Ford Drive. The site is vacant and surrounded by residential development to the west and commercial development to the east. A biological assessment of the site was prepared for the Specific Plan and did not identify suitable habitats for wildlife that could be damaged or affected as a result of the development of the Project.
Ground-disturbing activities for the development of the Project shall comply with the Migratory Bird Treaty Act, as well as preparation of a burrowing owl survey prior to ground-disturbing activities and prior to the removal of vegetation or tree removal shall ensure no habitat is damaged.
6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems.
The design of the subdivision is not likely to cause serious health problems. The Project is not located within a hazardous area that would be subject to flooding, liquefaction, landslides, fault zones, or other natural hazards. The Project does not generate adverse effects that would cause public health problems. Grounddisturbing activities are conditioned to prepare plans to control fugitive dust. The access locations to the subdivision have been evaluated in accordance with the Specific Plan and will not adversely affect public health.
SECTION 3. Project Approval. The Planning Commission approval for a revision to the approved pad elevations for Tentative Tract Map 38434, subject to the Conditions of Approval attached hereto as Exhibit “A” and subject to the pad elevation matrix attached hereto as Exhibit “B”.
ADOPTED ON March 5, 2024
JOSEPH PRADETTO
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1349
PLANNING COMMISSION RESOLUTION NO. 2859
4 I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. 2859 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on March 5, 2024, by the following vote:
AYES: DELUNA, GREENWOOD, GREGORY, PRADETTO
NOES: NONE
ABSENT: HOLT
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on March _19_, 2024.
RICHARD D. CANNONE, AICP
SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2859
5 EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. TTM 38434
PLANNING DIVISION:
1. The development of the property shall conform substantially with exhibits on file with the Development Services Department, as modified by the following conditions.
2. The approved pad elevations for this project shall remain consistent with the pad elevations identified on Exhibit B of this resolution, as shown on the Rough Grading plan dated 2-12-2024, prepared by MSA Consulting, as part of Rough Grading permit RG23- 0005.
3. The Applicant agrees that in the event of any administrative, legal, or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these project approvals for the Project, or the project approvals themselves, the Developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. Developer, at its sole expense, shall defend, indemnify, and hold harmless the City (including its agents, officers, and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to the Developer’s approval of counsel, which shall not be unreasonably denied, and at the Developer’s sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the Developer and cooperate in the defense. The Developer, upon such notification, shall deposit with City sufficient funds in the judgment of the City Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect the information under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. Developer and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third-party litigation of project approvals without the Developer’s consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless the Developer materially breaches this indemnification requirement.
4. All conditions of approval included in Planning Commission Resolution No. 2841 shall be adhered to as part of this approval and project.
END OF CONDITIONS OF APPROVAL
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1351
PLANNING COMMISSION RESOLUTION NO. 2859
6 Exhibit B
Approved Pad Elevations Matrix
Tentative
Tract Map Lot
Number
Tentative
Tract Map Lot
Pad
Elevations
Final Tract
Map Lot
Number
Final Tract
Map Lot Pad
Elevations
Difference
FTM-TTM Final Tract Number
1 294.4 1 294.5 0.1 38434-1 (Phase 1)
2 294.2 2 294.2 0.0 38434-1 (Phase 1)
3 293.9 3 294.0 0.1 38434-1 (Phase 1)
4 293.7 4 293.7 0.0 38434-1 (Phase 1)
5 293.4 5 293.4 0.0 38434-1 (Phase 1)
6 294.0 6 293.4 -0.6 38434-1 (Phase 1)
7 293.8 7 293.7 -0.1 38434-1 (Phase 1)
8 293.6 8 294.0 0.4 38434-1 (Phase 1)
9 294.1 9 293.4 -0.7 38434-1 (Phase 1)
10 294.3 10 293.8 -0.5 38434-1 (Phase 1)
11 294.5 11 294.2 -0.3 38434-1 (Phase 1)
12 294.8 1 294.6 -0.2 38434 (Phase 2)
13 295.0 2 294.8 -0.2 38434 (Phase 2)
14 295.3 3 295.1 -0.2 38434 (Phase 2)
15 295.5 4 295.3 -0.2 38434 (Phase 2)
16 295.8 5 295.6 -0.2 38434 (Phase 2)
17 296.0 6 295.9 -0.1 38434 (Phase 2)
18 296.2 7 296.2 0.0 38434 (Phase 2)
19 296.5 8 296.3 -0.2 38434 (Phase 2)
20 297.0 9 296.5 -0.5 38434 (Phase 2)
21 297.2 10 296.9 -0.3 38434 (Phase 2)
22 297.5 11 297.2 -0.3 38434 (Phase 2)
23 297.7 12 297.5 -0.2 38434 (Phase 2)
24 297.9 13 297.8 -0.1 38434 (Phase 2)
25 298.2 14 298.1 -0.1 38434 (Phase 2)
26 298.4 15 298.4 0.0 38434 (Phase 2)
27 298.7 16 298.7 0.0 38434 (Phase 2)
28 298.9 17 298.9 0.0 38434 (Phase 2)
29 299.1 18 298.7 -0.4 38434 (Phase 2)
30 299.3 19 298.8 -0.5 38434 (Phase 2)
31 299.7 20 299.2 -0.5 38434 (Phase 2)
32 299.9 21 299.4 -0.5 38434 (Phase 2)
33 300.1 22 299.6 -0.5 38434 (Phase 2)
34 300.4 23 300.0 -0.4 38434 (Phase 2)
35 300.6 24 300.4 -0.2 38434 (Phase 2)
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1352
PLANNING COMMISSION RESOLUTION NO. 2859
7 36 300.8 25 300.8 0.0 38434 (Phase 2)
37 301.1 26 300.8 -0.3 38434 (Phase 2)
38 301.5 27 301.3 -0.2 38434 (Phase 2)
39 301.8 28 301.6 -0.2 38434 (Phase 2)
40 302.0 29 301.9 -0.1 38434 (Phase 2)
41 302.3 30 302.2 -0.1 38434 (Phase 2)
42 302.5 31 302.5 0.0 38434 (Phase 2)
43 302.7 32 302.8 0.1 38434 (Phase 2)
44 303.0 33 303.1 0.1 38434 (Phase 2)
45 303.2 34 303.4 0.2 38434 (Phase 2)
46 304.0 35 303.7 -0.3 38434 (Phase 2)
47 304.0 36 303.7 -0.3 38434 (Phase 2)
48 303.8 37 303.4 -0.4 38434 (Phase 2)
49 303.5 38 303.1 -0.4 38434 (Phase 2)
50 303.2 39 302.8 -0.4 38434 (Phase 2)
51 303.7 40 303.2 -0.5 38434 (Phase 2)
52 303.9 41 303.9 0.0 38434 (Phase 2)
53 303.7 42 304.0 0.3 38434 (Phase 2)
54 303.6 43 303.7 0.1 38434 (Phase 2)
55 304.6 44 304.1 -0.5 38434 (Phase 2)
56 304.6 45 304.8 0.2 38434 (Phase 2)
57 305.0 46 304.5 -0.5 38434 (Phase 2)
58 306.1 47 305.6 -0.5 38434 (Phase 2)
59 306.5 48 306.2 -0.3 38434 (Phase 2)
60 307.0 49 306.8 -0.2 38434 (Phase 2)
61 307.5 50 307.4 -0.1 38434 (Phase 2)
62 308.0 51 307.9 -0.1 38434 (Phase 2)
63 308.5 52 308.3 -0.2 38434 (Phase 2)
64 308.5 53 308.3 -0.2 38434 (Phase 2)
65 308.0 54 307.9 -0.1 38434 (Phase 2)
66 308.0 33 307.6 -0.4 38434-1 (Phase 1)
67 308.2 34 307.9 -0.3 38434-1 (Phase 1)
68 307.9 35 307.7 -0.2 38434-1 (Phase 1)
69 307.7 36 307.4 -0.3 38434-1 (Phase 1)
70 308.8 37 308.5 -0.3 38434-1 (Phase 1)
71 309.8 38 309.5 -0.3 38434-1 (Phase 1)
72 310.8 39 310.3 -0.5 38434-1 (Phase 1)
73 311.7 40 311.7 0.0 38434-1 (Phase 1)
74 312.7 41 313.3 0.6 38434-1 (Phase 1)
75 313.6 42 314.3 0.7 38434-1 (Phase 1)
76 314.4 43 314.7 0.3 38434-1 (Phase 1)
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1353
PLANNING COMMISSION RESOLUTION NO. 2859
8 77 315.1 44 315.2 0.1 38434-1 (Phase 1)
78 315.4 45 315.7 0.3 38434-1 (Phase 1)
79 316.2 46 316.1 -0.1 38434-1 (Phase 1)
80 316.9 47 316.7 -0.2 38434-1 (Phase 1)
81 317.7 48 317.6 -0.1 38434-1 (Phase 1)
82 318.5 49 318.4 -0.1 38434-1 (Phase 1)
83 318.0 50 319.4 1.4 38434-1 (Phase 1)
84 319.7 51 319.9 0.2 38434-1 (Phase 1)
85 317.2 52 317.9 0.7 38434-1 (Phase 1)
86 316.2 53 317.0 0.8 38434-1 (Phase 1)
87 315.0 54 315.9 0.9 38434-1 (Phase 1)
88 313.8 55 314.9 1.1 38434-1 (Phase 1)
89 312.6 56 313.9 1.3 38434-1 (Phase 1)
90 311.3 57 312.6 1.3 38434-1 (Phase 1)
91 310.6 58 311.3 0.7 38434-1 (Phase 1)
92 310.5 59 310.0 -0.5 38434-1 (Phase 1)
93 311.2 60 312.5 1.3 38434-1 (Phase 1)
94 312.4 61 313.8 1.4 38434-1 (Phase 1)
95 313.7 62 314.9 1.2 38434-1 (Phase 1)
96 314.9 63 315.8 0.9 38434-1 (Phase 1)
97 316.1 64 316.7 0.6 38434-1 (Phase 1)
98 317.2 65 317.5 0.3 38434-1 (Phase 1)
99 314.2 66 315.0 0.8 38434-1 (Phase 1)
100 313.3 67 314.0 0.7 38434-1 (Phase 1)
101 312.2 68 313.0 0.8 38434-1 (Phase 1)
102 311.1 69 311.9 0.8 38434-1 (Phase 1)
103 310.0 70 311.0 1.0 38434-1 (Phase 1)
104 309.0 71 310.0 1.0 38434-1 (Phase 1)
105 305.8 72 307.1 1.3 38434-1 (Phase 1)
106 304.8 73 306.0 1.2 38434-1 (Phase 1)
107 303.8 74 304.9 1.1 38434-1 (Phase 1)
108 302.7 75 303.7 1.0 38434-1 (Phase 1)
109 301.6 76 302.5 0.9 38434-1 (Phase 1)
110 300.5 77 301.3 0.8 38434-1 (Phase 1)
111 299.4 78 300.2 0.8 38434-1 (Phase 1)
112 298.3 79 299.0 0.7 38434-1 (Phase 1)
113 297.2 80 297.9 0.7 38434-1 (Phase 1)
114 296.2 81 296.8 0.6 38434-1 (Phase 1)
115 295.1 82 295.7 0.6 38434-1 (Phase 1)
116 294.0 83 294.6 0.6 38434-1 (Phase 1)
117 292.9 84 293.6 0.7 38434-1 (Phase 1)
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1354
PLANNING COMMISSION RESOLUTION NO. 2859
9 118 295.9 85 295.9 0.0 38434-1 (Phase 1)
119 297.0 86 296.6 -0.4 38434-1 (Phase 1)
120 298.1 87 298.8 0.7 38434-1 (Phase 1)
121 299.2 88 299.9 0.7 38434-1 (Phase 1)
122 300.3 89 301.1 0.8 38434-1 (Phase 1)
123 301.4 90 302.3 0.9 38434-1 (Phase 1)
124 302.4 91 303.4 1.0 38434-1 (Phase 1)
125 303.5 92 304.6 1.1 38434-1 (Phase 1)
126 304.6 93 305.8 1.2 38434-1 (Phase 1)
127 305.7 94 307.0 1.3 38434-1 (Phase 1)
128 306.8 95 308.1 1.3 38434-1 (Phase 1)
129 307.9 96 309.1 1.2 38434-1 (Phase 1)
130 309.0 97 310.0 1.0 38434-1 (Phase 1)
131 310.0 98 311.0 1.0 38434-1 (Phase 1)
132 311.1 99 311.9 0.8 38434-1 (Phase 1)
133 312.2 100 313.0 0.8 38434-1 (Phase 1)
134 313.3 101 314.0 0.7 38434-1 (Phase 1)
135 314.2 102 314.8 0.6 38434-1 (Phase 1)
136 312.4 103 311.6 -0.8 38434-1 (Phase 1)
137 308.8 104 309.1 0.3 38434-1 (Phase 1)
138 308.8 105 308.2 -0.6 38434-1 (Phase 1)
139 306.0 106 307.3 1.3 38434-1 (Phase 1)
140 304.7 107 306.1 1.4 38434-1 (Phase 1)
141 303.6 108 304.8 1.2 38434-1 (Phase 1)
142 302.5 109 303.6 1.1 38434-1 (Phase 1)
143 301.4 110 302.3 0.9 38434-1 (Phase 1)
144 300.3 111 301.1 0.8 38434-1 (Phase 1)
145 299.3 112 299.8 0.5 38434-1 (Phase 1)
146 298.2 113 298.6 0.4 38434-1 (Phase 1)
147 297.1 114 297.4 0.3 38434-1 (Phase 1)
148 296.0 115 296.3 0.3 38434-1 (Phase 1)
149 295.0 116 295.2 0.2 38434-1 (Phase 1)
150 305.7 117 306.1 0.4 38434-1 (Phase 1)
151 305.9 118 305.8 -0.1 38434-1 (Phase 1)
152 306.1 119 305.6 -0.5 38434-1 (Phase 1)
153 306.4 120 305.9 -0.5 38434-1 (Phase 1)
154 306.6 121 306.1 -0.5 38434-1 (Phase 1)
155 306.8 122 306.3 -0.5 38434-1 (Phase 1)
156 307.0 123 306.7 -0.3 38434-1 (Phase 1)
157 307.0 124 306.8 -0.2 38434-1 (Phase 1)
158 306.4 125 306.3 -0.1 38434-1 (Phase 1)
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1355
PLANNING COMMISSION RESOLUTION NO. 2859
10 159 305.8 126 305.9 0.1 38434-1 (Phase 1)
160 305.3 127 305.7 0.4 38434-1 (Phase 1)
161 304.9 128 305.0 0.1 38434-1 (Phase 1)
162 304.3 129 304.7 0.4 38434-1 (Phase 1)
163 303.8 130 304.1 0.3 38434-1 (Phase 1)
164 303.2 131 303.5 0.3 38434-1 (Phase 1)
165 302.7 132 302.8 0.1 38434-1 (Phase 1)
166 302.1 133 302.3 0.2 38434-1 (Phase 1)
167 301.5 134 302.0 0.5 38434-1 (Phase 1)
168 301.0 135 301.7 0.7 38434-1 (Phase 1)
169 303.1 23 303.8 0.7 38434-1 (Phase 1)
170 303.6 24 304.3 0.7 38434-1 (Phase 1)
171 304.1 25 304.7 0.6 38434-1 (Phase 1)
172 305.5 26 305.1 -0.4 38434-1 (Phase 1)
173 305.5 27 305.5 0.0 38434-1 (Phase 1)
174 305.5 28 305.8 0.3 38434-1 (Phase 1)
175 306.0 29 306.0 0.0 38434-1 (Phase 1)
176 306.3 30 306.3 0.0 38434-1 (Phase 1)
177 306.7 31 306.6 -0.1 38434-1 (Phase 1)
178 307.0 32 307.1 0.1 38434-1 (Phase 1)
179 307.0 55 307.2 0.2 38434 (Phase 2)
180 306.7 56 306.5 -0.2 38434 (Phase 2)
181 306.3 57 306.0 -0.3 38434 (Phase 2)
182 306.0 58 305.5 -0.5 38434 (Phase 2)
183 305.7 59 305.2 -0.5 38434 (Phase 2)
184 305.5 60 305.0 -0.5 38434 (Phase 2)
185 305.8 76 305.3 -0.5 38434 (Phase 2)
186 306.0 77 305.5 -0.5 38434 (Phase 2)
187 306.3 78 305.8 -0.5 38434 (Phase 2)
188 306.5 79 306.0 -0.5 38434 (Phase 2)
189 306.7 80 306.3 -0.4 38434 (Phase 2)
190 307.0 81 306.5 -0.5 38434 (Phase 2)
191 305.1 82 304.6 -0.5 38434 (Phase 2)
192 304.2 83 303.7 -0.5 38434 (Phase 2)
193 303.7 84 303.2 -0.5 38434 (Phase 2)
194 303.1 85 303.0 -0.1 38434 (Phase 2)
195 302.5 86 302.2 -0.3 38434 (Phase 2)
196 302.0 87 301.8 -0.2 38434 (Phase 2)
197 301.6 88 301.5 -0.1 38434 (Phase 2)
198 301.6 104 301.5 -0.1 38434 (Phase 2)
199 302.2 105 302.0 -0.2 38434 (Phase 2)
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1356
PLANNING COMMISSION RESOLUTION NO. 2859
11 200 302.6 106 302.2 -0.4 38434 (Phase 2)
201 303.0 107 302.5 -0.5 38434 (Phase 2)
202 303.4 108 302.9 -0.5 38434 (Phase 2)
203 303.8 109 303.3 -0.5 38434 (Phase 2)
204 304.2 110 303.7 -0.5 38434 (Phase 2)
205 304.7 111 304.3 -0.4 38434 (Phase 2)
206 302.9 112 302.9 0.0 38434 (Phase 2)
207 302.8 113 302.7 -0.1 38434 (Phase 2)
208 302.6 114 302.5 -0.1 38434 (Phase 2)
209 302.4 115 302.3 -0.1 38434 (Phase 2)
210 302.2 116 302.0 -0.2 38434 (Phase 2)
211 301.9 117 301.7 -0.2 38434 (Phase 2)
212 301.7 118 301.4 -0.3 38434 (Phase 2)
213 301.5 119 301.2 -0.3 38434 (Phase 2)
214 301.2 120 300.8 -0.4 38434 (Phase 2)
215 301.0 121 300.6 -0.4 38434 (Phase 2)
216 301.1 138 300.6 -0.5 38434 (Phase 2)
217 301.3 139 300.9 -0.4 38434 (Phase 2)
218 301.4 140 301.1 -0.3 38434 (Phase 2)
219 301.6 141 301.3 -0.3 38434 (Phase 2)
220 301.8 142 301.6 -0.2 38434 (Phase 2)
221 302.0 143 301.8 -0.2 38434 (Phase 2)
222 302.2 144 302.0 -0.2 38434 (Phase 2)
223 302.4 145 302.3 -0.1 38434 (Phase 2)
224 302.6 146 302.5 -0.1 38434 (Phase 2)
225 302.8 147 302.7 -0.1 38434 (Phase 2)
226 302.9 148 302.9 0.0 38434 (Phase 2)
227 302.2 149 301.9 -0.3 38434 (Phase 2)
228 302.0 150 301.7 -0.3 38434 (Phase 2)
229 301.8 151 301.5 -0.3 38434 (Phase 2)
230 301.2 152 301.2 0.0 38434 (Phase 2)
231 301.4 153 300.9 -0.5 38434 (Phase 2)
232 301.1 154 300.7 -0.4 38434 (Phase 2)
233 300.9 155 300.4 -0.5 38434 (Phase 2)
234 300.7 156 300.1 -0.6 38434 (Phase 2)
235 300.5 157 299.8 -0.7 38434 (Phase 2)
236 300.3 158 299.6 -0.7 38434 (Phase 2)
237 300.4 173 299.9 -0.5 38434 (Phase 2)
238 300.6 174 300.1 -0.5 38434 (Phase 2)
239 300.8 175 300.3 -0.5 38434 (Phase 2)
240 301.0 176 300.5 -0.5 38434 (Phase 2)
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1357
PLANNING COMMISSION RESOLUTION NO. 2859
12 241 301.2 177 300.7 -0.5 38434 (Phase 2)
242 301.4 178 301.0 -0.4 38434 (Phase 2)
243 301.6 179 301.2 -0.4 38434 (Phase 2)
244 301.8 180 301.5 -0.3 38434 (Phase 2)
245 302.0 181 301.7 -0.3 38434 (Phase 2)
246 302.2 182 301.9 -0.3 38434 (Phase 2)
247 303.5 183 303.2 -0.3 38434 (Phase 2)
248 302.8 184 302.9 0.1 38434 (Phase 2)
249 302.6 185 302.7 0.1 38434 (Phase 2)
250 302.4 186 302.4 0.0 38434 (Phase 2)
251 302.2 187 302.1 -0.1 38434 (Phase 2)
252 302.0 188 301.9 -0.1 38434 (Phase 2)
253 301.8 189 301.6 -0.2 38434 (Phase 2)
254 301.6 190 301.4 -0.2 38434 (Phase 2)
255 301.4 191 301.1 -0.3 38434 (Phase 2)
256 301.0 192 300.6 -0.4 38434 (Phase 2)
257 300.0 193 300.3 0.3 38434 (Phase 2)
258 300.6 194 300.1 -0.5 38434 (Phase 2)
259 300.4 195 299.9 -0.5 38434 (Phase 2)
260 300.2 196 299.7 -0.5 38434 (Phase 2)
261 300.0 197 299.5 -0.5 38434 (Phase 2)
262 298.9 166 298.6 -0.3 38434 (Phase 2)
263 299.1 167 299.0 -0.1 38434 (Phase 2)
264 299.3 168 299.3 0.0 38434 (Phase 2)
265 299.5 169 299.6 0.1 38434 (Phase 2)
266 299.7 170 299.8 0.1 38434 (Phase 2)
267 299.9 171 300.1 0.2 38434 (Phase 2)
268 300.1 172 300.3 0.2 38434 (Phase 2)
269 300.0 159 300.4 0.4 38434 (Phase 2)
270 300.0 160 300.2 0.2 38434 (Phase 2)
271 299.8 161 300.0 0.2 38434 (Phase 2)
272 299.5 162 299.7 0.2 38434 (Phase 2)
273 299.3 163 299.3 0.0 38434 (Phase 2)
274 299.1 164 299.0 -0.1 38434 (Phase 2)
275 298.9 165 298.6 -0.3 38434 (Phase 2)
276 297.9 130 297.8 -0.1 38434 (Phase 2)
277 298.1 131 298.0 -0.1 38434 (Phase 2)
278 298.3 132 298.2 -0.1 38434 (Phase 2)
279 298.5 133 298.5 0.0 38434 (Phase 2)
280 298.7 134 298.7 0.0 38434 (Phase 2)
281 298.8 135 299.0 0.2 38434 (Phase 2)
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1358
PLANNING COMMISSION RESOLUTION NO. 2859
13 282 299.0 136 299.2 0.2 38434 (Phase 2)
283 299.2 137 299.5 0.3 38434 (Phase 2)
284 299.4 122 299.7 0.3 38434 (Phase 2)
285 299.3 123 299.5 0.2 38434 (Phase 2)
286 299.1 124 299.3 0.2 38434 (Phase 2)
287 298.8 125 299.0 0.2 38434 (Phase 2)
288 298.6 126 298.6 0.0 38434 (Phase 2)
289 298.4 127 298.2 -0.2 38434 (Phase 2)
290 298.1 128 297.8 -0.3 38434 (Phase 2)
291 297.9 129 297.5 -0.4 38434 (Phase 2)
292 296.9 97 296.8 -0.1 38434 (Phase 2)
293 297.3 98 297.4 0.1 38434 (Phase 2)
294 297.7 99 297.9 0.2 38434 (Phase 2)
295 298.1 100 298.5 0.4 38434 (Phase 2)
296 298.7 101 299.0 0.3 38434 (Phase 2)
297 299.4 102 299.6 0.2 38434 (Phase 2)
298 300.1 103 300.2 0.1 38434 (Phase 2)
299 300.3 89 300.4 0.1 38434 (Phase 2)
300 299.8 90 300.0 0.2 38434 (Phase 2)
301 299.4 91 299.6 0.2 38434 (Phase 2)
302 299.0 92 299.2 0.2 38434 (Phase 2)
303 298.5 93 298.9 0.4 38434 (Phase 2)
304 298.1 94 298.5 0.4 38434 (Phase 2)
305 297.6 95 297.8 0.2 38434 (Phase 2)
306 296.9 96 296.8 -0.1 38434 (Phase 2)
307 296.0 68 295.7 -0.3 38434 (Phase 2)
308 296.2 69 296.3 0.1 38434 (Phase 2)
309 296.4 70 296.6 0.2 38434 (Phase 2)
310 296.7 71 296.8 0.1 38434 (Phase 2)
311 296.9 72 297.1 0.2 38434 (Phase 2)
312 297.2 73 297.5 0.3 38434 (Phase 2)
313 297.6 74 297.9 0.3 38434 (Phase 2)
314 297.8 75 298.1 0.3 38434 (Phase 2)
315 297.6 61 297.9 0.3 38434 (Phase 2)
316 297.3 62 297.6 0.3 38434 (Phase 2)
317 297.1 63 297.3 0.2 38434 (Phase 2)
318 297.8 64 297.0 -0.8 38434 (Phase 2)
319 296.6 65 296.8 0.2 38434 (Phase 2)
320 296.4 66 296.5 0.1 38434 (Phase 2)
321 296.1 67 296.0 -0.1 38434 (Phase 2)
322 294.9 22 294.8 -0.1 38434-1 (Phase 1)
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1359
PLANNING COMMISSION RESOLUTION NO. 2859
14 323 295.1 21 295.1 0.0 38434-1 (Phase 1)
324 295.3 20 295.4 0.1 38434-1 (Phase 1)
325 295.5 19 295.7 0.2 38434-1 (Phase 1)
326 295.7 18 296.1 0.4 38434-1 (Phase 1)
327 295.9 17 296.4 0.5 38434-1 (Phase 1)
328 296.1 16 296.7 0.6 38434-1 (Phase 1)
329 296.2 15 296.9 0.7 38434-1 (Phase 1)
330 295.0 12 294.9 -0.1 38434-1 (Phase 1)
331 295.3 13 295.4 0.1 38434-1 (Phase 1)
332 295.5 14 295.7 0.2 38434-1 (Phase 1)
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1360
PLANNING COMMISSION RESOLUTION NO. 2841
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A REVISION OF TENTATIVE TRACT MAP 38434 TO MODIFY THE LAYOUT TO ACCOMMODATE A 332 SINGLEFAMILY HOME RESIDENTIAL DEVELOPMENT ON A 93. 56- ACRE
PROJECT SITE SOUTH OF GERALD FORD DRIVE AND WEST OF
PORTOLA ROAD WITHIN THE REFUGE SPECIFIC PLAN AREA ( APNS:
694- 310- 009 & 694- 310- 011)
CASE NOS. TTM 38434 REVISION NO. 1 ( TTM23- 0002)
WHEREAS, the City Council of the City of Palm Desert, California, did on the 171h day of November 2022, adopt Resolution No. 2022- 93, adopting a Mitigated Negative Declaration MND) of Environmental Impact pursuant to the California Environmental Quality Act (CEQA), and approving the Refuge Specific Plan; and
WHEREAS, the City Council of the City of Palm Desert, did on the 17th day of November 2022, hold a duly noticed public hearing and adopt City Council Resolution No. 2022- 94 to approve Tentative Tract Map ( TTM) 38434 to subdivide 93. 56 acres into individual parcels, including one ( 1) lot for condominium purposes, 339 single-family residential lots, and lots for public streets, private streets, and open space areas within the Refuge Specific Plan (" Specific Plan"); and
WHEREAS, Pulte Homes (" Applicant"), submitted a TTM Revision application to revise Tentative Tract Map 38434 to subdivide 93.56 acres into individual parcels, including one ( 1) lot for condominium purposes, 332 single-family residential lots, and lots for public streets, private streets, and open space areas (" Project") within the Specific Plan; and WHEREAS, the Project site has a land use designation of Town Center Neighborhood TCN) in the General Plan adopted on November 10, 2016, and zoning designation of Refuge Specific Plan adopted on November 17, 2022; and
WHEREAS, the Project can be found consistent with the previously adopted Mitigated Negative Declaration of Environmental Impact pursuant to the California Environmental Quality Act ( CEQA) and corresponding Mitigation Monitoring Report Program, adopted via Council Resolution No. 2022- 93; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of September 2023, hold a duly noticed public hearing to consider the request by the Applicant for a revision to TTM 38434; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report exist to justify approval of said request; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and
1361
PLANNING COMMISSION RESOLUTION NO. 2841
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows:
SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. Findings on Tentative Tract Map. Under PDMC Section 26. 20. 100( C), the findings for the tentative map are the following:
1. That the density of the proposed subdivision is consistent with applicable general and specific plans.
The map has been found to be consistent with the density, lot development standards, and land uses of the Specific Plan and the General Plan Land Use Designation for the Town Center Neighborhood. The TTM creates 332 singlefamily residential lots within Planning Areas 2 and 3. The number of lots is consistent with the minimum allowable density for the Specific Plan. All comply with the minimum requirements for lot sizes and dimensions established by the Specific Plan. The TTM provides for a circulation of public streets and private streets, which is consistent with the requirements of the Specific Plan. The tract provides for a distribution of open space and private amenity areas, which is consistent with the Specific Plan.
2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans.
The design and improvement of the subdivision is consistent with the applicable Specific Plan requirements for lot standards, the circulation, and distribution of land uses. The dedications for public right-of-way are consistent with the applicable circulation elements of the Specific Plan.
3. That the site is physically suitable for the type of development.
The site is physically suitable for the mix of single- family and multi- family housing development. The site has suitable access, grading, drainage, and zoning to allow the development.
4. That the site is physically suitable for the proposed density of development.
The site is physically suitable for the density of development. The allowable density for the site has been evaluated by the General Plan. The Applicant has prepared the appropriate technical studies to assess that the site is physically suitable to develop. The MND for the Specific Plan identifies required mitigation.
5. That the design of the subdivision or the improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat.
2 1362
PLANNING COMMISSION RESOLUTION NO. 2841
The design of the subdivision and improvements will not cause damage or substantially injure wildlife habitat. The subject property is in an urbanized area of Palm Desert and is adjacent to major roadways, including Gerald Ford Drive. The site is vacant and surrounded by residential development to the west and commercial development to the east. A biological assessment of the site was prepared for the Specific Plan and did not identify suitable habitats for wildlife that could be damaged or affected as a result of the development of the Project.
Ground- disturbing activities for the development of the Project shall comply with the Migratory Bird Treaty Act, as well as preparation of a burrowing owl survey prior to ground-disturbing activities and prior to the removal of vegetation or tree removal shall ensure no habitat is damaged.
6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems.
The design of the subdivision is not likely to cause serious health problems. The Project is not located within a hazardous area that would be subject to flooding, liquefaction, landslides, fault zones, or other natural hazards. The Project does not generate adverse effects that would cause public health problems. Grounddisturbing activities are conditioned to prepare plans to control fugitive dust. The access locations to the subdivision have been evaluated in accordance with the Specific Plan and will not adversely affect public health.
SECTION 3. Project Approval. The Planning Commission approval for a revision to Tentative Tract Map 38434, subject to the Conditions of Approval attached hereto as Exhibit A" annuls the prior map approval under Resolution No. 2022- 94.
ADOPTED ON September 5, 2023
loe adotto( Sep
JOSEPH PRADETTO
CHAIRPERSON
ATTEST:
RI HARD D. CANNONE, AICP
SECRETARY
3 1363
PLANNING COMMISSION RESOLUTION NO. 2841
I Richard D. Cannone AICP Secrets Secretary f o the City of Palm Desert, hereby certify that Resolution No. 2841 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on September 5, 2023, by the following vote:
AYES: GREENWOOD, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: DE LUNA and GREGORY
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on September, r
023.
RICHARD D. CANNONE, AICP
SECRETARY
4 1364
PLANNING COMMISSION RESOLUTION NO. 2841
EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. TTM 38434 REVISION NO. 1
PLANNING DIVISION:
1. The development of the property shall conform substantially with exhibits on file with the Development Services Department, as modified by the following conditions.
2. The Applicant agrees that in the event of any administrative, legal, or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these project approvals for the Project, or the project approvals themselves, the Developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. Developer, at its sole expense, shall defend, indemnify, and hold harmless the City ( including its agents, officers, and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to the Developer' s approval of counsel, which shall not be unreasonably denied, and at the Developer' s sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the Developer and cooperate in the defense. The Developer, upon such notification, shall deposit with City sufficient funds in the judgment of the City Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect the information under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. Developer and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third- party litigation of project approvals without the Developer' s consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless the Developer materially breaches this indemnification requirement.
3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to the approved development standards listed in the PDMC, and state and federal statutes now in force, or which hereafter may be in force.
4. The TTM shall expire if recordation of the said Project is not completed within two ( 2) years from date of the original approval ( November 17, 2022) unless an extension of time is granted by the Palm Desert Planning Commission; otherwise, said approval shall become null, void, and of no effect whatsoever. Expiration date of this map is November 17, 2024.
5. The approved TTM shall only be modified with written City approval in accordance with the requirements of the Specific Plan and Chapter 26. 20 of the Palm Desert Municipal Code ( PDMC).
5 1365
PLANNING COMMISSION RESOLUTION NO. 2841
6. All construction documentation shall be coordinated for consistency, including, but not limited to, architectural, structural, mechanical, electrical, plumbing, landscape and irrigation, grading, and street improvement plans. All such plans shall be consistent with the approved entitlement plans on file with the Development Services Department.
7. The Applicant shall execute a written acknowledgment to the Planning Division stating acceptance of and compliance with all the Conditions of Approval of Resolution No. 2841 for TTM 38434, and that the plans submitted are in compliance with the Conditions of Approval. No modifications shall be made to said plans without written approval from the appropriate decision- making body.
8. Prior t o h
the issuance of a building permit for construction of any use or structure contemplated by this approval, the Applicant shall first obtain permits and or clearance from the following agencies:
Coachella Valley Water District (CVWD)
Fire Department
Building and Safety Division
Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented to the Building & Safety Division at the time of issuance of a building permit for the use contemplated herewith.
9. The Applicant shall establish a homeowners' association ( HOA). The HOA' s responsibility for maintenance shall include but is not limited to maintenance of private amenity areas and open space, landscaping, stormwater retention, and related infrastructure. The final maintenance plan shall include detailed text and illustrative diagrams indicating areas of responsibility for maintenance and shall be subject to approval by the Director of Development Services and City Engineer.
10. Prior to approval of the final map, the Applicant shall submit a final phasing plan, which identifies the timing of roadway improvements and open space.
A. The phasing plan shall indicate that full segments of Planning Area 5, shown as Lot " K" shall be completed and fully landscaped prior to the occupancy of any adjacent homes on Lots 1 through 46.
B. The entire amenity area shown on Lot O shall be completed prior to the occupancy of the 200th unit within Planning Area 3.
11. The pad elevations of all lots shall be consistent with the approved preliminary grading plan included in the project file. Adjustments that increase or decrease the pad elevation by six inches ( 0'- 6") or less shall be subject to review and approval by the Director of Development Services and City Engineer. Any change to a pad elevation shall require an adjustment to the grading and drainage plan for consistency.
A. Adjustments that increase the approved pad elevations on Lots 1- 46 by more than six ( 6) inches shall require approval by the Planning Commission. Exhibit B, attached to this resolution, provides the approved plan elevations for these lots, 6 1366
PLANNING COMMISSION RESOLUTION NO. 2841
per the preliminary grading and drainage exhibit drafted by MSA Consulting, dated August 17, 2023.
B. Adjustments that increase the pad elevations by more than six ( 6) inches on all other lots must be reviewed by the City Engineer and approved through the Director of Development Services. The Director of Development Services may refer the request to Planning Commission for approval.
12. The Applicant shall construct the circulation network for Street " A" and Street " B" as shown on the approved Specific Plan prior to any development within Planning Area 2 and/ or Planning Area 3.
13. All mitigation measures identified in the Specific Plan Mitigated Negative Declaration SCH# 2022100013) and the accompanying Mitigation Monitoring and Reporting Program ( MMRP), shall be incorporated into the planning, design, development, and operation of the Project.
14. At recordation of the final map, the Applicant shall record an easement for a secondary Fire Department emergency access across Lot 333, which provides a connection between Street " A" and Street " B."
LAND DEVELOPMENT DIVISION/ PUBLIC WORKS DEPARTMENT:
15. The following plans, studies, and exhibits are hereby referenced: Specific Plan, prepared by MSA Consulting and dated August 2022; TTM 38434 and dated August 25, 2023; Preliminary Grading, prepared by MSA Consulting, Inc. and dated August 17, 2022; Preliminary Utility Plan, prepared by MSA Consulting, Inc. and dated June 2022; Preliminary Hydrology Report, prepared by MSA Consulting, Inc. and dated August 18, 2022; and Preliminary Water Quality Management Plan, prepared by MSA Consulting, Inc. and dated August 19, 2022.
16. The map shall comply with the State of California Subdivision Map Act and with the City of PDMC Title 26, unless otherwise modified by the conditions listed herein.
17. It is assumed that easements shown on the preliminary grading exhibit are shown correctly and include all the easements that encumber the subject property. A current preliminary title report for the site will be required to be submitted during the technical plan review. The Applicant shall secure approval from all, if any, easement holders for all grading and improvements, which are proposed over the respective easement or provide evidence that the easement has been relocated, quitclaimed, vacated, abandoned, easement holder cannot be found, or is otherwise of no effect. Should such approvals or alternate actions regarding the easements not be provided and approved by the City, the Applicant may be required to amend or revise the proposed site configuration as may be necessary.
18. It is understood that the conceptual exhibits correctly show acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Qs, and that the omission or unacceptability may require that the Applicant amend or revise the site plan as may be.
7 1367
PLANNING COMMISSION RESOLUTION NO. 2841
19. All common areas will be permitted as shown on the tentative exhibit, subject to these Conditions of Approval and the Applicant providing adequate provisions, by means of a homeowners' association ( HOA) or another equivalent responsible mechanism as approved by the City Engineer and City Attorney, for the continued and perpetual maintenance of these common areas, and on- site post- construction Best Management Practices ( BMPs) to the satisfaction of the City Engineer and City Attorney.
20. The Applicant shall pay all, appropriate signalization fee prior to the issuance of the first building permit for the development in accordance with the City' s Resolution No. 79- 17 and 79- 55.
21. The Applicant may choose to develop the tentative map in phases with the approval of the City Engineer. Financial security shall be provided for all public improvements associated with each phase of the map. The boundaries of any multiple map increment shall be subject to the approval of the City Engineer. The City Engineer may require the dedication and construction of necessary utility, street, or other improvements beyond the project boundary, if the improvements are needed for circulation, parking, access, or for the welfare or safety of the public. This approval must be obtained prior to the Applicant submitting a Phasing Plan to the California Bureau of Real Estate.
22. If the developer chooses to construct the project in phases, a Construction Phasing Plan for the construction of on- site public or private improvements shall be submitted for review and approved by the City Engineer.
23. Prior to map approval, the Applicant shall pay all, appropriate drainage fee in accordance with the City' s Municipal Code Section 26. 49 and Palm Desert Ordinance No. 653.
24. Prior to map approval, the Applicant shall pay all appropriate park fees in accordance with the City' s Municipal Code Section 26. 48. 060.
25. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24. 20 Stormwater Management and Discharge Ordinance.
26. All utility extensions within the site shall be placed underground unless otherwise specified or allowed by the respective utility purveyor.
27. Prior to approval of any implementing development project, planning area, parcel/ tract map within the Refuge Specific Plan area, a development specific traffic letter shall be submitted to the City. The letter shall address consistency with the approved Specific Plan Traffic Impact Analysis assumptions. If it is determined that the proposed development is inconsistent with the approved report, the Applicant shall file an amendment to the approved traffic report describing the impacts of any proposed changes.
28. Prior to precise grading plan approval, the Applicant shall provide a Pedestrian Accessibility Route Plan that labels and indicates the path location and conceptual design of the following structures and facilities:
8 1368
PLANNING COMMISSION RESOLUTION NO. 2841
A. Sidewalks and walks ( public right of way sidewalk, walks within the development.
B. Directional curb ramps.
C. Vehicular crossings ( at driveways) shall meet state and federal requirements.
The Pedestrian Accessibility Route Plan shall clearly indicate structures that are proposed with the development and future per other phases and/or site plans. Pedestrian facilities privately or publicly owned) that are open to the public shall comply with accessibility standards in the California Building Code ( current) and Americans with Disability Act ADA) regulations.
29. Public improvements, constructed as part of the requirements for this project, that are non- compliant with the accessibility standards in effect at the time of construction or alteration, shall be brought up to current accessibility standards. This work shall be incorporated into the scope of this project and shall be completed prior to acceptance by the City. Improvements that are compliant with the accessibility standards in effect at the time of construction, shall be documented on a separate construction plan with detailed specifications ( running and cross slopes of all pedestrian walking surfaces, locations and dimensions and slopes of maneuvering spaces and landings, width of sidewalk, width, and vertical clearance from obstructions). The accessibility of existing improvements will be verified by City inspection staff upon completion of the project. Discrepancies between documented existing conditions and existing conditions as measured by City staff shall be remedied and brought up to accessibility standards as part of the Project.
30. Prior to a grading permit, the Applicant shall prepare a final grading plan for the site. No grading or other improvements shall be permitted until a final grading plan has been approved by the City Engineer. Grading plans and all grading shall conform to the approved Conceptual Grading Plan, the California Building Code, PDMC Title 27 Grading, and all other relevant laws, rules, and regulations governing grading in the City of Palm Desert.
31. The grading plan shall provide for acceptance and proper disposal of all off- site drainage flowing onto or through the site. Should the quantities exceed the street capacity, the Applicant shall provide adequate drainage facilities and/or appropriate easements as approved by the City Engineer.
32. Pad elevations, as shown on the conceptual exhibit, are subject to review and modification per Chapter 27 of the PDMC.
33. Prior to approval of the grading plan, the Applicant shall prepare a detailed final flood hazard/ hydrology and hydraulics report for approval of the City Engineer. The report shall encompass the entire area of the subdivision and comply with all relevant laws, rules, and regulations governing the City of Palm Desert. Development specific recommendations for sizing of drainage facilities, systems, and conveyance systems shall be included for all areas within the subdivision.
34. All drainage and storm drain improvements shall be designed per PDMC Title 24, Riverside County Flood Control and Water Conservation District' s standards for the Drainage Element of the Palm Desert General Plan, and all other relevant laws, rules, and 9 1369
PLANNING COMMISSION RESOLUTION NO. 2841
regulations governing grading in the City of Palm Desert.
35. Prior to approval of the grading plans, the Applicant shall provide the City Engineer with evidence that a Notice of Intent ( NOI) has been filed with the State Water Resources Control Board. Such Evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed. More detailed information regarding this General Permit, applicable fee information and the necessary forms to complete the NOI are available by calling ( 916) 341- 5537 or on the SWRCB web site at: Construction Stormwater General Permits I California State Water Resources Control Board. https:// www.waterboards. ca. gov/ water_issues/ programs/ stormwater/ constpermits. htm1
36. Prior to the issuance of a grading permit, the Applicant shall submit a PM10 application for review and approval. The Applicant shall comply with all provisions of PDMC Section
24. 12 regarding Fugitive Dust Control.
37. Prior to issuance of grading permit, the Applicant shall submit a Storm Water Pollution Prevention Plan ( SWPPP) for review and approval of the Land Development department.
38. Where grading involves import or export, the Applicant shall obtain permits from the Public Works Department, including import/ export quantities and hauling route.
39. Prior to grading permit, it shall be the sole responsibility of the Applicant to obtain any and all proposed or required easements and/ or permissions necessary to perform the grading shown on the grading plan exhibit. Proof shall be provided to the Land Development Division prior to issuance of grading permit.
40. It is assumed that the grading and the provisions for water quality management shown on the conceptual grading exhibit can comply with all requirements for a Final Water Quality Management Plan ( F- WQMP), without substantial change from that shown. Prior to approval of the grading plan for each Precise Plan Landowner shall prepare, or cause to be prepared, a Final WQMP in conformance with the requirements of the Riverside County Flood Control and Water Conservation District ( RCFC& WCD) Whitewater River Watershed area for approval of the City Engineer.
41. All post- construction BMPs shall be designed based on the City of Palm Desert' s maximum infiltration criteria of one ( 1) inch/ hour.
42. Prior to the issuance of a grading permit, the Applicant shall submit a signed and notarized WQMP Operations and Maintenance Agreement to the City. The agreement shall provide for the maintenance and operation of open space areas, common spaces such as parking lot and recreational facilities, trash disposal for common areas, and water quality BMP facilities, by either the property owners' association or the owners of each individual lot or unit as tenants in common.
43. The Applicant' s Civil Engineer shall field verify that all BMPs are designed, constructed, and functional in accordance with the approved WQMP. BMPs shall be inspected and signed- off by the City Public Works/ CIP inspector. Coordinate inspection with staff and submit a completed verification form for review and approval. This condition will be at the 10 1370
PLANNING COMMISSION RESOLUTION NO. 2841
discretion of the City Engineer.
44. Prior to the issuance of grading permit and in compliance with the City of PDMC Chapter
27. 24, the Applicant shall enter into an agreement and post financial security guarantee for all grading work related to this Project.
45. Prior to the issuance of grading permit for each Precise Plan, the Applicant shall submit for review and approval of the City Engineer a final Geotechnical Report that includes project specific recommendations.
46. Prior to the start of grading activities, the Applicant shall install all erosion and dust control mechanisms for the site as approved by the City.
47. Upon completion of grading of each Precise Plan, the Project' s Geotechnical Engineer shall certify to the completion of grading in conformance with the approved grading plans and the recommendations of the geotechnical report approved for this Project. A licensed land surveyor shall certify to the completion of grading in conformance with the lines and grades shown on the approved grading plans.
48. Prior to map recordation, the Applicant shall submit improvement plans for all public streets and improvements.
A. Dedication of street on the final map shall be for public right- of- way purposes inclusive of street, drainage, and utility installation.
B. The following streets have been identified as future public streets during the review process and are identified in the referenced tentative map exhibit:
Portion/ Extension of Julie Drive, Street " A", Street " B", Street " C", Street" D", Street E", Street " F", Street " G", Street " H", Street " I", Street " J", Street " K", Street " L", Street " M", Street " N", Street " O", Street " P", Street " Q", and Street " R".
49. Final map shall show, as part of the Owner's Statement, retention of open space lots identified in the referenced tentative map exhibit. The following lots were identified as to be retained by ownership: Lot A through Lot O inclusive.
A. Any changes to the ownership of the lots will require approval by the City Engineer and the Director of Public Works.
B. Maintenance responsibilities for private common spaces and lots retained on the map shall be clearly detailed on the CC& Rs for the subdivision.
50. Final map shall show corner cutback dedication at all corner lots and public street intersections. Dedication at corner lots shall be adequate to accommodate all public infrastructure within the public street, including ADA compliant curb ramps.
51. Prior to the map recordation, the Applicant shall provide full- scale signing and striping improvement plans for all public streets as a separate set of plans from street improvement plans for review and approval by the City Engineer. Signing and striping plans shall show existing improvements and modifications including, but not limited to, bike lanes, roundabout( s), travel lanes, pavement markings, turning arrows, etc. 11 1371
PLANNING COMMISSION RESOLUTION NO. 2841
52. Prior to final map approval, the Applicant shall pay a fair share contribution equivalent to
42. 9% of the design and construction cost for the signalization of Gerald Ford Drive and Rembrandt Way/ Vitalia Way intersection.
53. The final map may not be approved until the required improvements, as identified on these Conditions of Approval, have been satisfactorily constructed and approved by the City Engineer; or until an adequate security has been posted with the City, in accordance with PDMC Title 26. If construction is not completed prior to map recordation, the Applicant shall enter into a subdivision improvement agreement and post financial securities with the City for the required public improvements prior to map approval. The form and amount of the financial security shall be reviewed and approved by the City and be in compliance with PDMC Sections 26. 28. 030 and 26. 28. 040.
54. Prior to map recordation, unless corresponding securities are posted per Condition No. 53, the Applicant is responsible for the construction and installation of improvements on Gerald Ford Drive in compliance with the Refuge Specific Plan. Improvements generally include, but not limited to:
A. If not in place or constructed by others prior to the proposed map recordation:
Street improvements, including meandering sidewalk, curb and gutter, and landscape and irrigation improvements along the Refuge Specific Plan boundary and transitioning to existing improvements to the east and west of the site.
B. A Class II bicycle lane in accordance with Coachella Valley Association of Governments Active Transportation Planning ( CVAG ATP) Design Guidelines Section 5. 3.
C. Improvements identified in these Conditions of Approval for public streets.
D. The Applicant shall show, as reference only, all existing and proposed utility connections. Utility plans shall be processed and approved by CVWD.
55. Prior to map recordation, unless securities are posted per Condition No. 53, the Applicant is responsible for the construction and installation of Gerald Ford Drive/ Rembrandt Parkway intersection improvements in compliance with the traffic report prepared for Refuge Specific Plan and approved by the City. Improvements generally include, but are not limited to:
A. ADA compliant curb ramps.
B. Installation of intersection improvements to provide:
i. Northbound: one LT/TH lane, one ( 125 ft) RT lane
ii. Southbound: one shared LT/ TH/ RT lane
iii. Eastbound: one LT lane, two TH lanes, one ( 150 ft) RT lane iv. Westbound: one ( 150 ft) LT lane, three TH lanes, one RT lane v. Signalized intersection
C. Applicant to pay for full cost of intersection and roadway improvements, excluding traffic signal.
D. In addition, Applicant shall contribute a 42. 9% of the total design and construction cost for intersection signalization and improvements. The amount shall be per the City' s approved cost estimate and a form approved by the City Engineer.
E. Design for traffic signal shall consider interconnect to adjacent signals on Gerald 12 1372
PLANNING COMMISSION RESOLUTION N O. 2841
Ford Drive at Portola Avenue and at Gateway Drive shall be included as part of the design and construction cost estimates.
56. Prior to map recordation, unless securities are posted per Condition No. 53, the Applicant is responsible for the construction and installation of improvements on Street "A" south of Gerald Ford Drive transitioning to proposed Street " A" in compliance with the Refuge Specific Plan and as identified in the traffic study. Improvements generally include but are not limited to:
A. ADA compliant curb ramps at driveway crossings.
B. Widening of Street " A" to a 44- foot roadway, north of the subdivision boundary to Gerald Ford Drive, providing landscape and sidewalk along both sides of the street. Street section shall provide for 44- foot roadway with the following geometries:
i. Northbound: one lane
ii. Southbound: one lane
C. In addition, the design shall include shared bicycle and golf cart lanes between Gerald Ford Drive and the extension of Julie Lane.
57. Prior to map recordation, unless securities are posted per Condition No. 53, the Applicant is responsible for the construction and installation of Street " A"/ Julie Lane intersection improvements in compliance with the Specific Plan Traffic Report recommendations.
A. Applicant will be responsible for providing adequate right- of- way on the final map to accommodate all public infrastructure within the public right- of-way. Applicant will be the sole responsible party for any right- of-way acquisition, if any, that may be required in order to satisfy this Condition of Approval.
B. Install intersection improvements:
i. Roundabout per California Highway Design Manual ( CA HDM) and Federal Highway Administration ( FHWA) guidelines, including enhanced central island and accessible pedestrian crossing.
ii. Modify existing westerly terminus of Julie Lane to join with required roundabout improvements.
iii. Sidewalk facilities shall be provided surrounding the roundabout. iv. Landscape improvements within public right- of- way will be required surrounding the roundabout.
58. Prior to map recordation, unless securities are posted per Condition No. 53 or the improvements are found by the City Engineer to no longer be required, the Applicant is responsible for the construction and installation of Julie Lane/ Portola Road intersection improvements in compliance with the Specific Plan traffic report recommendations.
A. Install geometries to provide:
i. Northbound: one LT, three TH lanes, one RT lane
ii. Southbound: one LT, two TH lanes, one shared TH/ RT lane iii. Eastbound: one LT lane, one shared TH/ RT
iv. Westbound: one LT lane, one TH lane, one RT lane
13 1373
PLANN ING COMMISSION RESOLUTION NO. 2841
59. Prior to map recordation, unless securities are posted per Condition No. 53, the Applicant is responsible for the construction and installation of improvements of Street " B", the westerly extension of existing Julie Lane. Improvements shall be provided on both sides of the street and generally include, but not limited to: curb and gutter, landscape and irrigation improvements, landscape buffered sidewalks along roadways.
A. Proposed Street "B" shall extend and connect to proposed Street "F" as generally shown on the tentative map exhibit. Connection and roadway alignment shall be reviewed and approved by the City Engineer.
B. All signing and striping shall follow California MUTCD standards.
C. Proposed Street" B" and future condominium development parcel intersection shall be designed to include a mini roundabout per CA HDM and FHWA guidelines or as a three- legged intersection ( T- intersection). Final design shall be reviewed and approved by the City Engineer.
60. Prior to map recordation, unless securities are posted per Condition No. 53, the Applicant is responsible for the construction and installation of improvements on proposed local streets. Improvements shall be provided on both sides of the streets unless otherwise specified on these conditions of approval and generally include, but not limited to: curb and gutter, and landscape and irrigation improvements, and landscape buffered sidewalks along roadways.
A. All signing and striping shall follow California MUTCD standards and be submitted as a separate set of plans for review and approval of the City Engineer.
B. Parking along 36- foot-wide interior streets shall be limited to one side of the street only.
C. Horizontal curves shall be designed per Highway Design Manual and shall provide adequate roadway expansion (widening) to safe vehicle circulation and movements.
D. Street design shall incorporate a roundabout per CA HDM and FHWA guidelines at the intersection of proposed Street " C" and Street " G".
E. Streets design shall incorporate mini roundabouts per CA HDM and FHWA guidelines at the intersection of proposed Street " G" and Street " J," as generally shown on the referenced tentative map exhibit. Final design shall be reviewed and approved by the City Engineer.
61. Prior to issuance of encroachment permit for public improvements and/or map recordation, whichever comes first, the Applicant shall enter into an agreement and post financial security guarantee for the construction of all off- site/ public improvements in accordance with Chapter 27. 24 of the PDMC. The form and amount of the financial security shall be reviewed and approved by the City Engineer. The Applicant shall guarantee all improvements for a period of one ( 1) year from the date of final acceptance and the improvement guarantee shall be backed by a bond or cash deposit in the amount of ten percent of the surety posted for the improvements.
62. Prior to the map recordation, the Applicant shall submit grading and improvement plans for all private improvements and common areas for review and approval of the City Engineer.
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PLANNING COMMISSION RESOLUTION NO. 2841
A. Signing and striping shall be part of the plans and shall include stop signs and stop bars for vehicles exiting the amenities area parking lot.
B. All private improvements shall be kept within private property. Non- standard encroachments into proposed public right- of-way will not be permitted, unless clearly identified on these Conditions of Approval.
63. Prior to approval of the improvement plans, the Applicant shall provide a full- scale signing and striping improvement plan for all public streets as a separate set of plans from street improvement plans for review and approval of the City Engineer. Signing and striping plans shall show existing improvements and modifications including, but not limited to, bike lanes, median break( s), travel lanes, pavement markings, turning arrows, etc.
64. Prior to a building permit for the first developed phase, proposed Street " A", Julie Lane, and Street " A"/ Julie Lane intersection improvements shall be in constructed and accessible. Recommendations of the traffic report may be phased as approved by the City Engineer, but in no case shall defer installation or payment of fair share for traffic signal at Gerald Ford beyond the first developed phase.
65. Prior to a building final inspection, the Applicant is responsible for the completion of construction of all grading and improvements for which plans are required.
66. Prior to final building permit inspection or certificate of occupancy, the Applicant is responsible for the completion of all public improvements within the corresponding development phase.
67. Prior to City acceptance of all public streets, the Applicant shall have completed all building and construction activities related to each construction phase. Street capping shall be performed after the last Certificate of Occupancy is released.
68. Prior to bond release, punch list work for improvements and capping of streets for each construction phase shall be completed and approved for acceptance by the City Engineer.
FIRE DEPARTMENT:
69. Fire Hydrants and Fire Flow: The water system shall be capable of delivering the required fire flow. Prior to PP ( plot plan) approval, information shall be provided to the Office of the Fire Marshal regarding the building' s occupancy type, construction type, building area, and whether the buildings will be protected with fire sprinklers.
70. Fire Department Access: Access roads shall extend to within 150 feet of all portions of the exterior building walls and shall have an unobstructed width of not less than 24 feet.
Fire access driveways with a dead- end exceeding 150 feet in length shall be provided with an approved space to turn around the fire apparatus. The access roads shall be capable of sustaining 60, 000 lbs. over two axles and 75, 000 Ibs over three axles in allweather conditions. Approved vehicle access, either permanent or temporary, shall be provided during construction. CFC 503. 1. 1, 3310. 1 and 503.2. 1 15 1375
PLANNING COMMISSION RESOLUTION NO. 2841
71. Requests for installation of traffic calming designs/ devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC 503. 4. 1.
72. Phased Construction Access: If construction is phased, each phase shall provide approved access for fire protection prior to any construction.
73. Fire Sprinkler System: All new commercial structures 3, 600 square feet or larger shall be protected with a fire sprinkler system. Ref CFC 903. 2 as amended by the City of Palm Desert.
74. Residential Fire Sprinklers: Residential fire sprinklers are required in all one and twofamily dwellings per the California Residential Code ( CRC). Plans must be submitted to the Office of the Fire Marshal for review and approval prior to installation. Ref. CRC 313. 2.
75. Knox Box and Gate Access: Buildings shall be provided with a Knox Box installed in an accessible location approved by the Office of the Fire Marshal. Manual gates shall be equipped with approved Knox equipment. Electric gates shall be provided with Knox key switches. Electric gate operators shall also be connected to a remote signal receiver compatible for use with the preemption devices on the Riverside County fire apparatus.
The gate shall automatically open upon receiving a remote signal from the fire apparatus.
Ref. CFC 506. 1.
76. Addressing: All residential dwellings and commercial buildings shall display street numbers in a prominent location on the street side of the premises and additional locations as required. Ref. CFC 505. 1 and County of Riverside Office of the Fire Marshal Standard # 07- 01.
77. The proposed Project may have a cumulative adverse impact on the Fire Department' s ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increased presence of structures, r u es, traffic, and population. The Protect proponents/ developers will be expected to provide for a proportional mitigation of these impacts via capital improvements and/or impact fees.
16 1376
PLANNING COMMISSION RESOLUTION NO. 2841
EXHIBIT B
APPROVED PAD ELEVATIONS FOR LOTS 1- 46
Lot Approved Pad Elevation
Number NAVD 88)
1 294. 4
2 294. 2
3 293. 9
4 293. 7
5 293. 4
6 294. 0
7 293. 8
8 293. 6
9 294. 1
10 294. 3
11 294. 5
12 294. 8
13 295. 0
14 295. 3
15 295. 5
16 295. 8
17 296. 0
18 296. 2
19 296. 5
20 297. 0
21 297. 2
22 297. 5
23 297. 7
24 297. 9
17 1377
PLANNING COMMISSION RESOLUTION NO. 2841
5 298. 2
26 298. 4
27 298. 7
28 298. 9
29 299. 1
30 299. 3
31 299. 7
32 299. 9
33 300. 1
34 300. 4
35 300. 6
36 300. 8
37 301. 1
38 301. 5
39 301. 8
40 302. 0
41 302. 3
42 302. 5
43 302. 7
44 303. 0
45 303. 2
46 304. 0
END OF CONDITIONS OF APPROVAL
18 1378
1379
1380
1381
1382
1383
1384
1385
1386
1387
1388
1389
1390
1391
1392
1393
1394
LOT "E"
1,234 SF
0.03 AC.
NO
PARKING NO
PARKING
NO
PARKING
NO
PARKING
NO
PARKING
COMPACT CARCOMPACT CAR COMPACT CARCOMPACT CAR COMPACT CARCOMPACT CARCOMPACT CARCOMPACT CAR COMPACT CAR
GERALD FORD DRIVE
STREET "E"
STREET "D"
STREET "C"
STREET "B"
333
STREET "A"
1 N 89°54'53" E 274.39'
N 00°03'36" E 353.99'
N 89°56'24" W 539.40'
N 89°55'16" E 505.02'
N 00°03'39" E 1729.62'
N 00°03'36" E
81.78'
50'
2 33'
N 00°01'09" W 3332.57'
30'
20' 20' 10' 20'
12'
STREET "B"
60'
72'
CONDOMINIUM
B
E
A A
EX. PROJECT BOUNDARY
& LOT LINE
EX. PROJECT BOUNDARY
& LOT LINE
EX. PROJECT BOUNDARY& LOT LINE
PROP. R/W (TYP.)
PROP. C/L (TYP.)
PROP. CURB (TYP.)
PROP. CONDOMINIUM
BOUNDARY & LOT LINE
PROP. RAISED MEDIAN
JULIE LANE
76'
PROP. R/W PER
TTM 37993
E
85 86 87 88 89 90 91 92
98 97 96 95 94 93
99 100 101 102 103 104
135 134 133 132 131 130 129 128 127 126 125 124 123 122 121 120 119 118 105 106 107 108 109 110 111 112 113 114 115 116 117
138 139 140 141 142 143 144 145 146 147 148 149
136 137
150 168
84 167
1 2
3 4
5 72
73 74
75 76
77 78
79 80
81 82
83 STREET "F"
STREET "G"
4,934 SF
4,937 SF
4,940 SF
4,943 SF
4,946 SF
4,949 SF
4,952 SF
4,955 SF
5,905 SF
6,507 SF
8,696 SF
4,650 SF
4,650 SF
5,596 SF
6,652 SF
5,085 SF
5,583 SF
4,996 SF
6,789 SF
10,511 SF 8,208 SF
6,577 SF 5,759 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 4,698 SF 4,683 SF 4,992 SF 5,780 SF 7,612 SF 4,535 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 4,581 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 4,067 SF 4,536 SF 4,535 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 5,357 SF
4,535 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 5,357 SF
4,727 SF 4,375 SF 4,375 SF 4,376 SF 4,377 SF 4,377 SF 4,378 SF 4,932 SF 10' 36' 10'
56'
622,131 SF
14.28 AC.
10' 36' 10'
56'
R
=
30 .0'
R
=
30 .0'
R = 300.0'
R = 150.0'
R = 20 .0'
R = 290.0' 10' 36' 10' 56'
10' 36' 10'
56'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
41' 21' 68'
56'
83'
55'
103'
20'
144'
106'
46' 20' 103'
95'
51' 106'
93'93'
95'
51'
93'
50'
93'
50'
93'
50'
93'
50'
50'
93'
60'
101'
61' 93'
60'
121'
63' 101'
60'
156'
70' 121'
72'
20' 13' 156'
93'
99'
93'
93'
54'54'
100'
99'
73'
66'
614'
540'
536'
492'
52'
93'
50'
93'
50'
50'
93'
60'
61'
96'
62'
41' 46'
93'
93'
53'
94'
53'
63'
95'
63'
63'
116'
67' 63'
155'
93'
60'
93'
60'
53'
93'
53'
53'
93'
53'
53'
93'
53'
53'
93'
53'
53'
93'
53'
53'
93'
53'
53'
93'
53'
47'
93'
47'
93'
47'
93'
47'
93'
47'
93'
47'
93'
52'
78'
21' 37'
93'
56'
68'
21' 41'
83'
47'
47'
83'
47'
47'
83'
47'
47'
83'
47'
47'
83'
51' 21' 68'
83'
47'
83'
47'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
41' 21' 68'
56'
83'
52'
83'
21' 83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
56'
68'
21' 41'
83'
83'
49'
79'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
42'
2'
7 '
50'
68'
50' 50'
176'
50' 50' 50' 50' 50' 50' 50' 51'
66'
1'
R=48'
R=48'
LOT "C"
79,693 SF
1.83 AC.
LOT "C"
LOT "A"
47,240 SF
1.08 AC.
LOT "A"
LOT "B"
88,701 SF
2.04 AC.
LOT "A"
R
LOT "H" 2,851 SF / 0.07 AC.
D
D
D
D
10'
B
8' 44' 8'
C 80' C
10' 24' 24' 10'
12'
10'
24'
24'
C
10'
C
PROP. 24' TEMPORARY ACCESS EASEMENT
24'
24'
LOT "D"
1,088 SF
0.02 AC.
47'
47'
93'
47'
47'
93'
47'
47'
93'
53'
53'
93'
51' 21'
66'
68'
536'
82'
646'
R = 64'
GERALD FORD DRIVE
SHEET 2
SHEET 1
NO
PARKING NOPARKING
NO
PARKING
NO
PARKING
NO
PARKING
COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR
SECTION C-C
STREET "C"
(PUBLIC ROAD)
N.T.S.
VARIES R/W
PROP.
R/W
PROP.
VARIES VARIES
10' 10'
CL
2% 2%
24' VARIES 24'
PROP. RAISED
MEDIAN
6' 6'
PROP. MOUNTABLE
BARRIER CURB
PROP. MOUNTABLE
BARRIER CURB
PROP. WEDGE
CURB & GUTTER
PROP.
SIDEWALK
A.C. PAVEMENT
OVER A.B
PROP. WEDGE
CURB & GUTTER
PROP.
SIDEWALK
NO
PARKING NOPARKING
NO
PARKING
NO
PARKING
NO
PARKING
COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR PH. 2
GERALD FORD DRIVE
PH. 1
SECTION B-B
STREET "B"
(PUBLIC ROAD)
N.T.S.
26'
72'
26'
R/W
PROP.
R/W
PROP.
36' 36'
10' 10'
CL
2% 2%
20' 12' 20'
PROP. RAISED
MEDIAN
6' 6'
PROP. BARRIER CURB PROP. BARRIER CURB PROP. CURB & GUTTER PROP. SIDEWALK
PROP. CURB & GUTTER
PROP. SIDEWALK
A.C. PAVEMENT
OVER A.B
SECTION D-D
PORTION OF STREET "B", & STREETS "D" THRU "R"
(PUBLIC ROAD)
N.T.S.
18'
56'
18'
R/W
PROP.
R/W
PROP.
28' 28'
10' 10'
CL
2% 2%
6' 6'
A.C. PAVEMENT
OVER A.B
PROP. WEDGE
CURB & GUTTER
PROP. SIDEWALK
PROP. WEDGE
CURB & GUTTER
PROP. SIDEWALK
SECTION E-E
PORTION OF JULIE LANE
(PUBLIC ROAD)
N.T.S.
26'
76'
26'
TTM 37993
PROP. R/W PER
TTM 37993
PROP. R/W PER
38' 38'
12' 12'
CL
2% 2%
20' 12' 20'
PROP. RAISED
MEDIAN
6' 6'
A.C. PAVEMENT
OVER A.B
PROP. BARRIER CURB PROP. BARRIER CURB
PROP. SIDEWALK
PROP. CURB & GUTTER
PROP. SIDEWALK
PROP. CURB & GUTTER
SECTION A-A
STREET "A"
(PUBLIC ROAD)
N.T.S.
22'
60'
22'
R/W
PROP.
R/W
PROP.
30' 30'
8' 8'
2% 2%
6' 6'
CL
A.C. PAVEMENT
OVER A.B
PROP. CURB & GUTTER
PROP. SIDEWALK
PROP. CURB & GUTTER
PROP. SIDEWALK
MSA CONSULTING ,INC.
Civil Engineering LandSurveying Landscape Architecture
Planning Environmental Services DryUtilityCoordination GIS 34200 Bob Hope Drive Rancho Mirage, CA 92270 | 760.320.9811 | MSAConsultinginc.com SHEET
SHEETS
2 OF
1 EAST
NORTH
SOUTH
WEST
CENTERLINE
EASEMENT
EXISTING
(E)
(N)
(S)
(W)
C/L
ESMT.
EX.
ABBREVIATIONS
AC ACREAGE
C&G CURB AND GUTTER
APN ASSESSORS PARCEL NUMBER
E/P EDGE OF PAVEMENT
A.C. ASPHALT CONCRETE
MIN. MINIMUM
MAX. MAXIMUM EXISTING IRRIGATION
EXISTING GAS
EXISTING EASEMENT
EXISTING ELECTRIC
EXISTING IRRIGATION DRAIN LINE
EXISTING CABLE
EXISTING CONTOURS
EXISTING SPOT ELEVATIONS
LEGEND
X
EXISTING EASEMENT DELTA
EXISTING LOT LINE
EXISTING TELEPHONE
BNDRY BOUNDARY
EXISTING EDGE OF PAVEMENT
M.B. MAP BOOK
NUMBER
PROPOSED
RIGHT OF WAY
TYPICAL
NO.
PROP.
R/W
TYP.
P.U.E. PUBLIC UTILITY EASEMENT
SF SQUARE FEET
R RADIUS
STD. STANDARD
P/L PROPERTY LINE
N.T.S. NOT TO SCALE
R-L LOW DENSITY (RESIDENTIAL)
UG UNDERGROUND
O/H OVERHEAD
OS/PP OPEN SPACE / PARKS
PG. PAGE
EXISTING OVERHEAD TELEPHONE
EXISTING SEWER
EXISTING RIGHT OF WAY
PROPOSED CURB
PROPOSED EASEMENT
EXISTING CITY / COUNTY LIMITS
EXISTING SEWER FORCE MAIN
EXISTING WATER
PROPOSED LOT LINE
PROPOSED RIGHT OF WAY
PROPOSED AND EXISTING CENTER LINE
TENTATIVE TRACT MAP BOUNDARY
TENTATIVE TRACT MAP NO. 38434
DATA TABLE
ASSESSOR'S PARCEL NUMBER: 694-310-002, 694-310-003 & 694-310-006 EXHIBIT DATE: AUGUST 25, 2023
SOURCE OF TOPOGRAPHY:
ADDRESS:
INLAND AERIAL SURVEYS, INC.
7117 ARLINGTON AVENUE, SUITE "A"
RIVERSIDE, CALIFORNIA 92503
DATE OF TOPOGRAPHY: OCTOBER 26, 2016 TELEPHONE: (951) 687-4252 PUBLIC UTILITY PURVEYORS:
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA GAS COMPANY
FRONTIER COMMUNICATIONS
COACHELLA VALLEY WATER DISTRICT
SPECTRUM
COACHELLA VALLEY WATER DISTRICT
UNDERGROUND SERVICE ALERT
EXISTING GROSS & NET ACREAGE 93.56 AC.
EXISTING ZONING:
PROPOSED ZONING:
EXISTING GENERAL PLAN LAND USE:
PROPOSED GENERAL PLAN LAND USE:
PLANNED RESIDENTIAL
PLANNED RESIDENTIAL
TOWN CENTER NEIGHBORHOOD
LAND USE DESCRIPTION: ACREAGE:
PROPOSED OPEN SPACE LOTS (LOTS "A" THRU "N") 11.91 AC.
PROPOSED CONDOMINIUM LOT (LOT 333) 14.28 AC.
1 EXISTING EASEMENT NOTES:
ZONE "X": AREA OF MINIMAL FLOOD HAZARD
AS SHOWN ON RIVERSIDE COUNTY, CALIFORNIA, FLOOD INSURANCE RATE MAPS, COMMUNITY PANEL MAP NUMBER 06065C1595G
FEMA FLOOD ZONE DESIGNATION:
EFFECTIVE DATE: AUGUST 28, 2008.
APPLICANT /
ADDRESS:
CONTACT:
1775 SKY PARK EAST, SUITE 101
IRVINE, CALIFORNIA 92614
MARC KLEIMAN
EXHIBIT PREPARER:
ADDRESS:
MSA CONSULTING, INC.
34200 BOB HOPE DRIVE
RANCHO MIRAGE, CALIFORNIA 92270
CONTACT: PAUL DEPALATIS, AICP TELEPHONE: (760) 320-9811
REVISIONS
NO. DATE
LIQUEFACTION: MODERATE LIQUEFACTION ZONE
NOTES: 1.
TOWN CENTER NEIGHBORHOOD
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LEGAL DESCRIPTION:
(760) 324-4991
(800) 427-2200
(800) 921-8101
(760) 398-2651
(877) 719-3278
(760) 398-2651
(800) 227-2600
DESCRIPTION
ELECTRIC:
GAS:
TELEPHONE:
WATER:
CABLE:
SEWER:
USA:
A PORTION OF THE EAST HALF OF SECTION 32, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN.
LAND OWNER:
THIS MAP INCLUDES THE ENTIRE CONTIGUOUS OWNERSHIP OF THE LAND DIVIDER.
2. THERE ARE NO EXISTING DWELLINGS, BUILDINGS, OR OTHER STRUCTURES KNOWN ON THIS PROPERTY.
REFUGE PALM DESERT, LLC
FOR ROADWAY AND PUBLIC UTILITY PURPOSES, PER DOCUMENT NO. 86352, REC. 10/15/1960, O.R. (PLOTTED HEREON)
AN EASEMENT UP TO 50' RESERVATION IN FAVOR OF THE UNITED STATES OF AMERICA, PROPOSED CLUBHOUSE LOT (LOT "O") 4.74 AC.
PROPOSED RESIDENTIAL LOTS (LOTS 1 THRU 332) 40.93 AC.
N.T.S.
VICINITY MAP BOB HOPE DRIVE GERALD
RAMON ROAD
FRANK
MONTEREY
PORTOLA
AVENUE
AVENUE
DINAH SHORE
COUNTRY CLUB DRIVE
INTERSTATE 10
CITY OF
RANCHO
COOK STREET
MIRAGE
CITY OF
PALM
DESERT
DRIVE
SINATRA DR.
FORD DRIVE
SITE
INDEX MAP
SCALE: 1" = 300'
2 FOR ROADWAY AND PUBLIC UTILITY PURPOSES, PER BK. 4811, PG. 137, REC. 05/06/1959, O.R. (PLOTTED HEREON)
AN EASEMENT UP TO 33' RESERVATION IN FAVOR OF THE UNITED STATES OF AMERICA, SHEET MATCHLINE - SEE SHEET NO. 2
PHASING MAP
SCALE: 1" = 350'
PROPOSED STREETS (STREETS "A" THRU "R") 21.70 AC.
3. ALL STREETS TO BE DEDICATED TO THE CITY FOR PUBLIC ACCESS AND UTILITY
INSTALLATION AND ALL LETTERED LOTS (A THROUGH O) TO BE RETAINED BY OWNERSHIP FOR STORM DRAIN AND LANDSCAPE PURPOSES WITH HOA MAINTENANCE RESPONSIBILITY.
R:\2636\Acad\Planning\Tentative Map\2636 TTM 38434.dwg, 8/25/2023 12:47:46 PM, dgallerani, MSA Consulting, Inc. 1395
STREET "O"
STREET "G"
STREET "G"
STREET "G"
STREET "J"
STREET "P"
LOT "G"
CLUBHOUSE
LOT "O"
WOODWARD DRIVE
N 00°01'09" W 3332.57'
N 00°02'47" E 1332.86'
N 89°53'06" E 1323.12'
EX. PROJECT BOUNDARY
& LOT LINE
EX. PROJECT BOUNDARY& LOT LINE
150 168
169
170
171
172
173
174
175
176
177
178
184
183
182
181
180
179
157
158
159
160
161
162
163
164
165
166
167
151
152
153
154
155
156
190 189
188
187
186
185
197
196
195
194
193 191 192
205 204 203
202
201
200
199
198
215
214
213
212
211
210
206 207 208 209
226 225 224 223 222 221 220 219
218 217
236 235
234
232 233 227 228 229 230 231
246 245 244 243 242 241 240 239 238 237
250 251 252 253 254 255 248 249
247
256 257 258 259 260
261
268 267 266 265 264 263 262
269
270
271 272 273 274
275
277 276
278
279
280
281
282
283
284
285
286
287
288
289 290 291
292
293
294
295
296
297
298
299 300
301
302
303
304
305 306
307
308
309
310
311
312 313 314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
332
331
330
2 3
4 5
8 7
6 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 45 44 43 42 41 40 39 38 37 36 35 34 33
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
216
STREET "Q"
STREET "L"
STREET "M" STREET "N"
STREET "H"
4,450 SF
8,696 SF
8,690 SF
6,913 SF
6,066 SF
5,922 SF
5,926 SF
5,648 SF
5,652 SF
5,655 SF
5,941 SF
5,945 SF
5,665 SF
5,667 SF
5,954 SF
6,056 SF
6,015 SF
5,983 SF
6,101 SF
5,970 SF
5,688 SF
5,691 SF
5,979 SF
5,982 SF
5,700 SF
5,703 SF
7,263 SF
10,362 SF
13,634 SF
8,423 SF 6,373 SF 5,699 SF 5,692 SF 5,684 SF 5,677 SF 5,670 SF 6,134 SF 6,120 SF 5,642 SF 5,635 SF 5,627 SF 5,896 SF 7,789 SF 9,882 SF
9,830 SF
7,740 SF
5,851 SF
5,605 SF
5,604 SF
5,883 SF
5,882 SF
5,601 SF
5,599 SF
5,919 SF
6,265 SF
6,413 SF
5,882 SF
5,592 SF
5,591 SF
5,590 SF
5,868 SF
5,587 SF
5,586 SF
5,864 SF
6,356 SF
7,901 SF
4,369 SF
4,642 SF
4,567 SF
4,811 SF
4,650 SF
4,650 SF
5,596 SF
6,151 SF 5,497 SF
5,115 SF
6,572 SF
4,692 SF
4,650 SF
4,650 SF
4,650 SF
5,433 SF
5,607 SF
6,935 SF
7,207 SF
5,804 SF
5,580 SF
5,580 SF
5,580 SF
5,580 SF
6,045 SF
6,285 SF 6,513 SF 6,762 SF
5,614 SF
5,580 SF
5,580 SF
6,328 SF
7,054 SF
6,960 SF 7,137 SF
5,651 SF
5,254 SF
5,202 SF
5,110 SF
5,110 SF 5,622 SF
5,770 SF
5,244 SF
5,264 SF
5,123 SF
5,279 SF
5,279 SF
5,839 SF
4,306 SF 4,150 SF 4,535 SF
4,402 SF
4,669 SF
4,832 SF
4,588 SF
5,881 SF
4,316 SF
3,901 SF
3,901 SF
3,961 SF
4,172 SF 4,172 SF 4,019 SF 4,536 SF
5,468 SF
5,186 SF 4,806 SF 5,487 SF 5,632 SF
5,091 SF
5,401 SF
5,147 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 5,572 SF 9,449 SF 5,115 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF
9,449 SF
4,650 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 5,115 SF 4,650 SF 5,229 SF 5,572 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 5,467 SF 4,650 SF 4,723 SF 4,866 SF 5,055 SF 5,376 SF 5,649 SF 5,744 SF 5,082 SF 5,411 SF
3,901 SF
3,901 SF
3,901 SF 3,957 SF 4,042 SF 4,042 SF 3,901 SF 3,942 SF 4,042 SF 4,535 SF 4,203 SF 3,901 SF 3,955 SF 4,166 SF
4,290 SF
4,514 SF
4,885 SF
5,058 SF
5,313 SF
6,077 SF
5,770 SF
5,206 SF
5,110 SF
5,110 SF
5,110 SF
5,110 SF 5,268 SF 4,838 SF
5,421 SF 4,892 SF 5,244 SF
5,244 SF
4,989 SF
5,110 SF
5,622 SF
6,068 SF
5,789 SF
6,242 SF
7,363 SF
6,412 SF 6,398 SF
10,326 SF
8,571 SF
8,174 SF
7,895 SF
7,581 SF
7,253 SF
5,085 SF
5,155 SF
5,155 SF
5,155 SF
5,155 SF
5,155 SF
5,259 SF
4,650 SF
4,650 SF
5,563 SF
6,378 SF
7,025 SF
6,799 SF
7,080 SF
6,872 SF
6,584 SF
6,397 SF
6,595 SF
5,828 SF
5,771 SF
4,650 SF
4,650 SF
4,953 SF
5,062 SF
5,062 SF
5,062 SF
5,569 SF
4,996 SF
6,789 SF
10'
10'
36' 10'
56'
10' 36' 10'
56'
10' 36' 10'
56'
R = 150.0' R = 300.0' R = 150.0' R = 300.0' R = 300.0' R = 300.0' = 300.0' R = 30 .0' R = 1010.0' R = 510.0' R = 400.0' R = 400.0' R = 285.0' R = 400.0' R = 400.0' R = 300.0' R = 200.0' 0' R = 450.0' R = 20 .0' R = 290.0' 10' 36' 10'
56'
10' 36' 10'
56'
20'
13'
64'
77'
58'
52'
68' 21' 37'
60'
76'
67'
55'
21' 78'
70'
5 7' 121'
88'
21'
5 5' 93'
78'
56'
83'
41'
21' 68'
93'
76'
60'
93'
45'
21' 78'
41'
21'
83'
56'
68'
93'
55' 93'
93'
50' 93'
93'
93'
48' 93'
93'
48' 93'
55'
93'
93'
76'
49'
99'
106' 60'
100' 60'
60' 94' 65'
65' 94'
43' 118' 121'
107' 51'
97'
53' 107'
61'
93'
50' 97'
93'
50' 93'
93'
5 0' 93'
93'
55' 93'
18' 96'
6 5' 94'
72' 59' 105'
79'
58' 95'
60' 93'
60'
60'
93'
60'
60'
93'
61' 93'
41' 32'
124' 55'
99'
65'
93'
65'
93'
51'
99'
50'
93' 60'
93'
60'
93'
50'
93'
50'
93' 60'
93'
60'
93'
50'
93'
50'
93' 60'
93'
60'
93'
50'
93'
50'
93'
60'
93'
60'
93'
63'
96'
59'
65'
93' 50' 96' 62'
107'
21' 98'
93'
22' 78'
101'
14'
97'
60' 116'
63' 101'
60' 108'
62' 116'
58' 103'
77'
108'
58' 103'
78' 21'
68'
98'
45'
21' 88'
49' 101'
97'
93' 50'
50' 93' 50'
50' 93'
93'
50' 93' 50' 93'
93'
50' 93' 5 ' 93'
78' 21'
93'
46' 21' 125'
58'
131' 48' 93'
93' 50'
50' 93'
57' 131'
88'
113'
50' 93'
50' 93' 48' 93'
59' 113'110'
49' 93'
93'
49' 93'
106'
59' 110'
93'
49' 93'
93'
49' 93'
102'
59' 106'
93'
49' 93'
99'
59' 102'
93' 93'
93'
54'54'
100'
99'
73'
49' 93'
93'
49' 93' 64' 93'
93'
93'
93' 49' 93'
93'
48' 93'
93'
5 3' 93' 104' 45' 83'
48'
90'
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4 6' 83'
46' 84'
88' 46' 93' 46' 56'
101' 46' 96'
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49'
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41' 83'
49' 91'
55'
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47'
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47'
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5 0' 100'
55'
107'
4 7' 83'
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5 0' 96'
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4 7' 83'
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45'
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56'
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49'
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5 0' 99'
58'
94'
49' 108'
58'
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93' 20'
4 5' 95'
52'
83'
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93'93'
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132' 55' 93'
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143'
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10'
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45' 93' 50'
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21'
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53' 159'
61'
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145' 59' 107'
114'
159'
95'
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60'60'
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60'
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94'
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94'
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116'
63'
155'
63'
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63'
101'
66' 63'
94'
63' 68' 5
6' 78' 60' 59' 65' 53' 72' 7 ' 99' 63' 65' 176 17 ' 6'
50' 50' 50' 50' 50' 50'
98'
60' 60'
60'
59' 62' 62' 63' 74' 52' 68' 45' 66' 85' 86' 87' 65' 62' 62' 62' 61' 62' 62' 51' 72' 67'91' 88' 54' 54' R=61' R=61' R=61' R=48' R=48' R=48' R=48' R=48' R=48 R ' =48' 51' 51' 51' 51' 65' 59' 59' 59' 51' 69' 77' 59' 69' 72' 71' 57' 65' 49' 59' 60' 66' 81' 64' 64' 61' 50' 62' 58' 60' 60' 60' 60' 72' 54' 54' 55' 56' 62' 71' 50' 68' 206,538 SF
4.74 AC.
LOT "L"
52,150 SF
1.20 AC.
LOT "I"
2,752 SF
0.06 AC.
LOT "J"
2,905 SF
0.07 AC.
LOT "M"
2,767 SF
0.06 AC.
LOT "O"
22,474 SF
0.52 AC.
LOT "F"
4,227 SF
0.10 AC.
LOT "K"
210,048 SF
4.82 AC.
LOT "K"
LOT "K"
R = 61' R = 48' 71' 64' 65' 5
6' 83' 46' 64' 75' 84' 75' 66' 60' 53' 57' 60' 60'50' 65' 46' 46' 70' 56' 51' 8 1' 50' 60'60' LOT "H" 2,851 SF / 0.07 AC.
LOT "N"
1,939 SF
0.04 AC. R =
61' R = 61' R = 61' D
D
D
DD
DD
10' 36' 10'
56'
DD
10' 36' 10'
56' STREET "R"
10' 36' 10' 56'
10'
36'
10'
56'
10' C
STRE T "J"
STREET "I"
STRE T "H" STREET "K"
GERALD FORD DRIVE
SHEET 2
SHEET 1
NO
PARKING NOPARKING
NO PARKING
NO
PARKING
NO
PARKING
COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR MSA CONSULTING ,INC. Civil Engineering LandSurveying Landscape Architecture Planning Environmental Services DryUtilityCoordination GIS 34200 Bob Hope Drive Rancho Mirage, CA 92270 | 760.320.9811 | MSAConsultinginc.com SHEET
SHEETS 2
OF 2
EAST
NORTH
SOUTH
WEST
CENTERLINE
EASEMENT
EXISTING
(E)
(N)
(S)
(W)
C/L
ESMT.
EX.
ABBREVIATIONS
AC ACREAGE
C&G CURB AND GUTTER
APN ASSESSORS PARCEL NUMBER
E/P EDGE OF PAVEMENT
A.C. ASPHALT CONCRETE
MIN. MINIMUM
MAX. MAXIMUM EXISTING IRRIGATION
EXISTING GAS
EXISTING EASEMENT
EXISTING ELECTRIC
EXISTING IRRIGATION DRAIN LINE
EXISTING CABLE
EXISTING CONTOURS
EXISTING SPOT ELEVATIONS
LEGEND
X
EXISTING EASEMENT DELTA
EXISTING LOT LINE
EXISTING TELEPHONE
BNDRY BOUNDARY
EXISTING EDGE OF PAVEMENT
M.B. MAP BOOK
NUMBER
PROPOSED
RIGHT OF WAY
TYPICAL
NO.
PROP.
R/W
TYP.
P.U.E. PUBLIC UTILITY EASEMENT
SF SQUARE FEET R RADIUS
STD. STANDARD
P/L PROPERTY LINE
N.T.S. NOT TO SCALE
R-L LOW DENSITY (RESIDENTIAL)
UG UNDERGROUND
O/H OVERHEAD
OS/PP OPEN SPACE / PARKS
PG. PAGE
EXISTING OVERHEAD TELEPHONE
EXISTING SEWER
EXISTING RIGHT OF WAY
PROPOSED CURB
PROPOSED EASEMENT
EXISTING CITY / COUNTY LIMITS
EXISTING SEWER FORCE MAIN
EXISTING WATER
PROPOSED LOT LINE
PROPOSED RIGHT OF WAY
PROPOSED AND EXISTING CENTER LINE
TENTATIVE TRACT MAP BOUNDARY
TENTATIVE TRACT MAP NO. 38434
EXHIBIT DATE: AUGUST 25, 2023
REVISIONS
NO. DATE
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
DESCRIPTION
N.T.S.
VICINITY MAP BOB HOPE DRIVE GERALD
RAMON ROAD
FRANK
MONTEREY
PORTOLA
AVENUE
AVENUE
DINAH SHORE
COUNTRY CLUB DRIVE INTERSTATE 10
CITY OF
RANCHO
COOK STREET
MIRAGE
CITY OF
PALM
DESERT
DRIVE
SINATRA DR.
FORD DRIVE
SITE
INDEX MAP
SCALE: 1" = 300'
SHEET MATCHLINE - SEE SHEET NO. 1
R:\2636\Acad\Planning\Tentative Map\2636 TTM 38434.dwg, 8/25/2023 12:48:07 PM, dgallerani, MSA Consulting, Inc. 1396
1397
1398
1399
1400
1401
1402
1403
1404
1405
1406
1407
1408
1409
1410
1411
1412
1413
1414
1415
1416
1417
1418
1419
1420
1421
1422
1423
1424
1425
1426
1427
1428
1429
1430
1431
1432
1433
1434
1435
1436
1437
1438
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1440
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1443
1444
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1446
1447
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1450
1451
1452
1453
1454
1455
1456
1457
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1459
1460
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1463
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1465
1466
1467
1468
1469
1470
1471
1472
1473
1474
1475
1476
1477
1478
1479
1480
1481
1482
1483
1484
1485
1486
1487
1488
1489
1490
1491
1492
1493
1494
1495
1496
April 11, 2023
in the City of Palm Desert
MSA JOB #2636
ENGINEER'S OPINION OF PROBABLE COSTS FOR
North of Frank Sinatra Drive
Tract Map No. 38434-1
Project Location:
Prepared for:
Pulte Home Company, LLC
27401 Los Altos, Suite 400
Mission Viejo CA 92691
DEL WEBB EXPLORE AT PALM DESERT STREET AND STORM DRAIN
IMPROVEMENTS
APPROVEDTY
04/17/2024
1497
DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST
Street
Install 3" A.C. Pavement Over 6" Class II
Aggregate Base SF 382,333 $4.00 $1,529,332.00
Install Decorative Pavement, Color and
Type Per Landscape Architect's Plans.
See Detail on Sheet 16 SF 5,585 $15.00 $83,775.00
Construct 6" Curb and Gutter Type I Per
City of Palm Desert Standard Plan No.
102 LF 4,455 $18.00 $80,190.00
Construct 6" Curb Type II Per City of
Palm Desert Standard Plan No. 103 LF 2,490 $15.00 $37,350.00 Construct 6" Wedge Curb. See Detail A
on Sheet 16 LF 9,840 $18.00 $177,120.00
Construct 6" Mountable Curb. See
Detail B on Sheet 16 LF 460 $15.00 $6,900.00
Construct Curb Transition (Wedge Curb
to Curb and Gutter) Per Detail on Sheet
16 EA 49 $125.00 $6,125.00
Construct Cross Gutter Type II Per City
of Palm Desert Standard Plan No. 108
with Modified Slope as Shown in Detail
on Sheet No. 16 SF 6,680 $10.00 $66,800.00
Construct Sidewalk Per City of Palm
Desert Standard Plan No. 104 SF 88,920 $5.00 $444,600.00 Construct Curb Ramp Case A Per
County of Riverside Std. No. 403 EA 22 $2,500.00 $55,000.00 Construct Curb Ramp Case C Per
County of Riverside Std. No. 403 EA 4 $2,500.00 $10,000.00 Construct Curb Ramp Case D Per
County of Riverside Std. No. 403 EA 9 $2,500.00 $22,500.00 Const. Combination Curb Inlet Catch
Basin No. 1 Per County of Riverside Std.
Dwg. No. 300, See Plan For W.
(Modified; 2" Wide Per City Direction) EA 14 $5,000.00 $70,000.00
1498
Construct Gutter Depression for
Combination Grate Opening Catch
Basin Per County of Riverside Std. Dwg.
No. 311 (Modified; 2' Wide Per City
Direction) EA 14 $240.00 $3,360.00
Install Stop Legend, Limit Line, Sign
Post, Stop Sign and Street Name Sign
Per Stop Sign Legend and Sign Post
Detail on Sheet No. 14 EA 13 $800.00 $10,400.00
Sawcut and Join Existing Pavement Per
Overlay Join Detail on Sheet No. 16 LF 220 $3.00 $660.00 Adjust Water Valve To Grade Per CVWD
Standard And Specifications, See
Separate Proposed Water Plans EA 37 $300.00 $11,100.00
Adjust Sewer Manhole To Grade Per
CVWD Standards And Specifications,
See Separate Proposed Sewer Plans EA 52 $600.00 $31,200.00 Install 4" A.C. Pavement Over 6" Class II
Aggregate Base (Fire Access Road) SF 20,610 $4.00 $82,440.00 Storm Drain
Furnish and Install 18" HDPE Storm
Drain. See HDPE Typical Trench Section
Sheet 20 LF 545 $40.00 $21,800.00
Furnish and Install 24" HDPE Storm
Drain. See HDPE Typical Trench Section
Sheet 20 LF 270 $50.00 $13,500.00
Furnish and Install 30" HDPE Storm
Drain. See HDPE Typical Trench Section
Sheet 20 LF 1,165 $60.00 $69,900.00
Furnish and Install 36" HDPE Storm
Drain. See Typical Trench Section Sheet
20 LF 550 $70.00 $38,500.00
Furnish and Install 18" x 11.25° HDPE
Bend EA 1 $400.00 $400.00
Furnish and Install 18" x 45° HDPE Bend EA 1 $400.00 $400.00
1499
Furnish and Install 30" x 45° HDPE Bend EA 1 $600.00 $600.00 Furnish and Install 30" x 18" HDPE WYE EA 1 $600.00 $600.00 Furnish and Install 30" HDPE End Cap EA 1 $600.00 $600.00 Furnish and Install 18" HDPE End Outlet
Structure EA 2 $600.00 $1,200.00
Furnish and Install 36" HDPE Flared
End Outlet Structure EA 1 $650.00 $650.00
Furnish and Install 60" Inside Diameter
Manhole Per CVWD Dwg. Std. S-5 EA 5 $6,000.00 $30,000.00 Furnish and Install 72" Inside Diameter
Manhole Per CVWD Dwg. Std. S-5 EA 2 $8,000.00 $16,000.00 Construct Concrete Collar Per R.C.F.C.D.
Std. Dwg. No. M803 EA 1 $1,500.00 $1,500.00
Construct Rip-Rap Energy Dissipater
Pad Per City of San Diego Dwg. No.
SDD-104 and Detail on Sheet No. 17 and
20 EA 3 $2,000.00 $6,000.00
Construct Storm Drain Bubbler Outlet
Per Detail on Sheet No. 20 EA 2 $1,500.00 $3,000.00
Install Inlet Structure Per Detail A on
Sheet 20 EA 1 $5,000.00 $5,000.00
SUBTOTAL OF STREET AND STORM DRAIN IMPROVEMENTS $2,938,502.00 15% CONTINGENCY $440,775.30
TOTAL $3,379,277.30
Assumptions:
1. 2. The above opinion does not include raw land, legal fees, agency permits, professional engineering fees, construction phasing, bonds, financing/carrying costs, construction staking, soils testing, accounting or construction management.
These quantities are based on the Del Webb Exlore at Palm Desert Street and Storm Drain Improvement Plan completed on 04/03/2024.
1500
3. MSA Consulting Inc. makes no representation concerning the estimated quantities and cost figures other than that all such figures are opinions only and the Engineer shall not be responsible for any fluctuations in cost factors or the actual quantities shown.
1501
1502
1503
1504
1505
1506
1507
April 26, 2024
in the City of Palm Desert
MSA JOB #2636
ENGINEER'S OPINION OF PROBABLE COSTS FOR
North of Frank Sinatra Drive
Tract Map No. 38434-1
Project Location:
Prepared for:
Pulte Home Company, LLC
27401 Los Altos, Suite 400
Mission Viejo CA 92691
DEL WEBB EXPLORE AT PALM DESERT MONUMENTATION
1508
DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST
Street
Monumentation LOT 135 $300.00 $40,500.00
SUBTOTAL OF MONUMENTATION $40,500.00
15% CONTINGENCY $6,075.00
TOTAL $46,575.00
Assumptions:
1. 2.
3. MSA Consulting Inc. makes no representation concerning the estimated quantities and cost figures other than that all such figures are opinions only and the Engineer shall not be responsible for any fluctuations in cost factors or the actual quantities shown.
The above opinion does not include raw land, legal fees, agency permits, professional engineering fees, construction phasing, bonds, financing/carrying costs, construction staking, soils testing, accounting or construction management.
These quantities are based on the Del Webb Exlore at Palm Desert Final Tract Map 38434-1 completed on 04/25/2024.
1509
1510
1511
1512
1513
1514
1515
1516
1517
1518
1519
ENGINEER'S OPINION OF PROBABLE COSTS FOR
North of Frank Sinatra Drive
Tract Map No. 38434
Project Location:
Prepared for:
Pulte Home Company, LLC
27401 Los Altos, Suite 400
Mission Viejo CA 92691
DEL WEBB EXPLORE AT PALM DESERT STREET AND STORM DRAIN
IMPROVEMENTS
June 26, 2024
in the City of Palm Desert
MSA JOB #2636
APPROVED
C.F. 07/03/2024
1520
DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST
Street
Install 3" A.C. Pavement Over 6" Class II
Aggregate Base SF 231,173 $4.00 $924,692.00
Install Decorative Pavement, Color and
Type Per Landscape Architect's Plans. SF 4,580 $15.00 $68,700.00 Construct 6" Curb and Gutter Type I Per
City of Palm Desert Standard Plan No.
102 LF 1,260 $40.00 $50,400.00
Construct 6" Wedge Curb. LF 12,815 $40.00 $512,600.00
Construct 6" Mountable Curb. LF 314 $35.00 $10,990.00
Construct Curb Transition (Wedge Curb
to Curb and Gutter) EA 17 $150.00 $2,550.00
Construct Cross Gutter Type II Per City
of Palm Desert Standard Plan No. 108
with Modified Slope SF 2,978 $20.00 $59,560.00
Construct Sidewalk Per City of Palm
Desert Standard Plan No. 104 SF 84,410 $6.00 $506,460.00 Construct Curb Ramp Case A Per
County of Riverside Std. No. 403 EA 6 $6,000.00 $36,000.00 Construct Curb Ramp Case C Per
County of Riverside Std. No. 403 EA 18 $6,000.00 $108,000.00 Construct Curb Inlet Catch Basin Per
County of Riverside Std. Dwg. No. 300,
See Plan For W and H EA 12 $10,000.00 $120,000.00
Construct Gutter Depression for Curb
Opening Catch Basin Per County of
Riverside Std. Dwg. No. 311 EA 12 $2,000.00 $24,000.00
Install Stop Legend, Limit Line, Sign
Post, Stop Sign and Street Name Sign EA 6 $800.00 $4,800.00
1521
Adjust Water Valve To Grade Per CVWD
Standards And Specifications, See
Separate Proposed Water Plans EA 51 $800.00 $40,800.00
Adjust Sewer Manhole To Grade Per
CVWD Standards And Specifications,
See Separate Proposed Sewer Plans EA 41 $800.00 $32,800.00 Construct Spillway/Access Ramp EA 4 $2,500.00 $10,000.00 Storm Drain
Furnish and Install 18" HDPE Storm
Drain. LF 1,578 $80.00 $126,240.00
Furnish and Install 30" HDPE Storm
Drain. LF 638 $180.00 $114,840.00
Furnish and Install 18" x 45° HDPE Bend EA 3 $400.00 $1,200.00 Furnish and Install 18" HDPE Flared End
Outlet Structure EA 5 $1,000.00 $5,000.00
Furnish and Install 60" Inside Diameter
Manhole Per CVWD Dwg. Std. S-5 EA 5 $4,500.00 $22,500.00 Install Rock Energy Dissipator per RCFC
& WCD Std. Dwg. No. JS333 EA 5 $500.00 $2,500.00
Install Inlet Structure EA 1 $2,500.00 $2,500.00
SUBTOTAL OF STREET AND STORM DRAIN IMPROVEMENTS $2,787,132.00 20% CONTINGENCY $557,426.40
TOTAL $3,344,558.40
Assumptions:
1. 2.
3. MSA Consulting Inc. makes no representation concerning the estimated quantities and cost figures other than that all such figures are opinions only and the Engineer shall not be responsible for any fluctuations in cost factors or the actual quantities shown.
The above opinion does not include raw land, legal fees, agency permits, professional engineering fees, construction phasing, bonds, financing/carrying costs, construction staking, soils testing, accounting or construction management.
These quantities are based on the Del Webb Exlore at Palm Desert Street and Storm Drain Improvement Plan completed on 05/24/2024.
1522
1523
1524
1525
1526
1527
June 6, 2024
in the City of Palm Desert
MSA JOB #2636
ENGINEER'S OPINION OF PROBABLE COSTS FOR
South of Gerald Ford Drive
Tract Map No. 38434
Project Location:
Prepared for:
Pulte Home Company, LLC
27401 Los Altos, Suite 400
Mission Viejo CA 92691
DEL WEBB EXPLORE AT PALM DESERT MONUMENTATION
OKAY FOR BONDING
C.F.
1528
DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST
Street
Monumentation LOT 197 $300.00 $59,100.00
SUBTOTAL OF MONUMENTATION $59,100.00
15% CONTINGENCY $8,865.00
TOTAL $67,965.00
Assumptions:
1. 2.
3. MSA Consulting Inc. makes no representation concerning the estimated quantities and cost figures other than that all such figures are opinions only and the Engineer shall not be responsible for any fluctuations in cost factors or the actual quantities shown.
The above opinion does not include raw land, legal fees, agency permits, professional engineering fees, construction phasing, bonds, financing/carrying costs, construction staking, soils testing, accounting or construction management.
These quantities are based on the Del Webb Exlore at Palm Desert Final Tract Map 38434 prepared on 06/04/2024.
1529
1530
2023- 0150325
05/ 25/ 2023 01: 19 PM Fee: $ 0. 00
RECORDING REQUESTED BY, AND Recorded in Official Records WHEN RECORDED, MAIL TO: County of Riverside
Peter Aldana
Assessor- County Clerk- Recorder
City Clerk' s Office
73-
Palm
510
of
Desert,
Fred
Palm
Waring
Desert
CA 92260-
Drive
2578
IIIN
Record for the Benefit of 41 I
the City of Palm Desert
Pursuant to Government Code Section 6103 This Space for Recorder's Use Only) APN: Portion of 694- 310- 007 and Portion of 694- 310- 010 Documentary transfer tax is $ 0. 00
Exempt from Documentary Transfer Taxes Pursuant to R & T Code Section 11922
GRANT OF EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Palm Desert, a municipal corporation, (" Grantor") hereby grants public use, to the CITY OF PALM DESERT, a California municipal corporation (" Grantee"), an easement for Public Street purposes, hereby named Explorer Drive, and an easement for Public Utility purposes over, under and along the real property in the City of Palm Desert, County of Riverside, State of California, as described in Exhibit " A" and depicted on Exhibit " B" attached hereto and incorporated herein by this reference.
The City of Palm Desert,
a municipal corpor n
L. T H LEMAN
Its: CITY MANAGER
Dated: 5/.9‘T/ 01- 6) 9-3
1531
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Riverside
On 5 94/ 2023, before me, in• Q. Sand-ez a
Notary Public, personally appeared /,.. T lb/OM/ 1 who proved to me on the basis of satisfactory evidence to be the person(,$') whose name( ) is/ are subscribed to the within instrument and acknowledged to me that he/ sf/ e/ tbfey executed the same in his/ h' r/ tVVieir authorized capacity(ie ), and that by his/ har/their signature( s) on the instrument the person( 4 or the entity upon behalf of which the person() 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.
fry
A
NC11
Notary Public• California
1,, Riverside County
Signature qps* Commission M 2419214
L. + My Comm. Expires Oct 29, 2026
1532
EXHIBIT ' A'
LEGAL DESCRIPTION
PUBLIC STREET AND PUBLIC UTILITY EASEMENT
BEING A STRIP OF LAND, VARIABLE IN WIDTH, LYING WITHIN A PORTION OF THAT CERTAIN CORRECTIVE GRANT DEED, RECORDED APRIL 4, 2023 AS DOCUMENT NO. 2023- 0095443, AND A PORTION OF THAT CERTAIN QUITCLAIM DEED RECORDED JULY 21, 2014 AS DOCUMENT NO. 2014- 0268859, BOTH OF OFFICIAL RECORDS, RIVERSIDE COUNTY. ALSO BEING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY NORTHEASTERLY CORNER OF PARCEL " A" OF THAT CERTAIN CERTIFICATE OF COMPLIANCE ( WAIVER OF PARCEL MAP PMW- 21- 0009), RECORDED APRIL 07, 2022 AS DOCUMENT NO. 2022- 0167200 OF OFFICIAL RECORDS, SAID POINT ALSO LYING ON THE SOUTHERLY RIGHT OF WAY LINE OF GERALD FORD DRIVE PER DOCUMENT NO. 247410, RECORDED NOVEMBER 01, 1985 OF OFFICIAL RECORDS;
THENCE, LEAVING SAID SOUTHERLY RIGHT OF WAY AND CONTINUING ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL " A", ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF SAID DOCUMENT NO. 2023- 0095443, SOUTH 47° 23' 23" EAST A DISTANCE OF 34. 01 FEET;
THENCE, CONTINUING ALONG SAID EASTERLY BOUNDARY LINE AND SAID WESTERLY RIGHT OF WAY LINE, SOUTH 00° 03' 36" WEST A DISTANCE OF 942. 64 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL" A", AND THE SOUTHWEST CORNER OF SAID DOCUMENT NO. 2023-0095443;
THENCE, LEAVING SAID EASTERLY BOUNDARY LINE AND CONTINUING ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID DOCUMENT NO. 2023- 0095443, SOUTH 89° 56' 24" EAST A DISTANCE OF 60. 00 FEET TO THE SOUTHEAST CORNER OF SAID DOCUMENT NO. 2023- 0095443;
THENCE, LEAVING SAID SOUTHERLY RIGHT OF WAY LINE AND CONTINUING ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID DOCUMENT NO. 2023- 0095443, AND ITS NORTHERLY PROLONGATION ACROSS PARCEL' A' OF SAID QUITCLAIM DEED, NORTH 00° 03' 36" EAST A DISTANCE OF 721. 56 FEET; THENCE, NORTH 06° 03' 39" EAST A DISTANCE OF 76. 52 FEET; THENCE, NORTH 00° 03' 36" EAST A DISTANCE OF 145. 26 FEET; THENCE, NORTH 47° 22' 56" EAST A DISTANCE OF 33. 93 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY LINE OF SAID DOCUMENT NO. 247410;
THENCE, CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE SOUTH 89° 55' 15" WEST A DISTANCE OF 118. 00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF AREA OF 60, 171. 08 SQUARE FEET/ 1. 381 ACRES MORE OR LESS.
ATTACHED HERETO IS EXHIBIT' B' AND BY THIS REFERENCE MADE A PART HEREOF.
THIS DOCUMENT WAS PREPARED BY ME OR SRO
LAND
SCR UNDER MY DIRECTION ON: 05/ 19/ 2023 ARNOLD
WHITAKER
N0. 7883
AR OLD HITAKER EXP. 03- 31- 25 of 6\0°`
PLS 78
SHEET 1 OF 1
1533
EXHIBIT ' B'
PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR
PUBLIC STREET AND PUBLIC UTILITY EASEMENT
55' RIGHT OF WAY PER DOC, NO. 50 do SITE
247410, RECORDED 11/ 01/ 19/ 85, O. R. GERALD FORD Lo
CENTERLINE & N' LY LINE OF T. 4S., R. 6E. o0
N14 COR.
SECTION 32 T, 4S., R. 6E., S. B. M. SHEPHARD
LN
SEC. 32 BASIS OF BEARINGS 5'\ 1, 4D43
N 89° 55' 15' E 2635. 71' _
c_
FRANK SINATRA DR
GERALD FORD DR T. 5S., R. 6E.
cc L8
PUBLIC) NE COR. o w ` o
a
SEC. 32 COUNTRY z
CLUB ° DR
R/ W LINE & / h
o
N' LY BOUNDARY 1 VICINITY MAP
R/ W LINE LEGEND N. T.S.
LINE OF PAR. " A"
f
TP.O.B. PARCEL BOUNDARY/ STREET R/ W
NE' LY COR. CENTERLINE
PAR. " A" I AREAM601 g1008SFR1 381 AC
TP.OR TRUE POINT OF BEGINNING
o 68/ /
L • INDICATES RECORD DATA PER
o
co . o
co O ^ DOC. NO. 2023- 0095443
N o
0 Q oto o
o BASIS OF BEARINGS
3 N o 1 1 J w O THE N' LY LINE OF THE NE 1/ 4 OF SEC. 32, T. 4 S., R. 6 E., S. B. M. o c O o ,— AS SHOWN ON RECORD SURVEY, ON FILE IN BOOK 128, AT a
N^
M 6c]' Q v
N
M PAGE 93 OF RECORD OF SURVEY. TAKEN AS N89° 55' 15" E. 0- • 4- - 4-
1- r-..
ago
0)
co Caw to Sip
LAND
S6
O
w Q
ARNOLD J. F,,
w 71
WHITAKER
EL
J J
O.' 7 83 LINE DATA
r
z
4 L# BEARING DISTANCE
4 R/ W LINE & / P
RIGHT OF WAY F CAL, L1 ( S47° 23' 23" E) ( 34. 01')
ELY BOUNDARY DEDICATED PER
DOC # 2023- 0095443, L2 ( S00' 03' 36" W) ( 942. 64') LINE OF PAR. " A" RECORDED 4/ 04/ 23, O. R.
L3 ( S89' 56' 24" E) ( 60. 00')
SOUTH LINE OF DOC. L4 N00°03' 36" E 721. 56' 4 -se.
3 NO. 2014- 0268859
j
w O
a oo
L5 N06° 03' 39" E 76. 52'
0 o
Z
o (Nio L6 N00' 03' 36" E 145. 26'
M
60 i; o I o L7 N47°22' 56" E 33. 93'
a
o N °` O
L8 S89° 55' 15" W 118. 00'
SE' LY COR.
N
PAR. " A" GRAPHIC SCALE
L3 100 0 100 200
SE' LY COR.
DOC. NO.
2023- 0095443 IN FEET )
1" = 100' SHEET 1 OF 1
1534
t.......... CITY Of PALM DESERT
K- 73 5- I0 FRED WARING DRIVE
7 b `, PAI4b PALM DESERT, CALIFORNIA 92260- 2578
l
ti' TEL: 760 346- 0611
93tt:' info@cityofpalmdesert. org
Vitalia Project
Public Street and Public Utility Easement
Portion of APN 694- 310- 007 and
Portion of 694- 310- 010
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the GRANT OF EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES dated May 24, 2023, from the CITY OF PALM DESERT, a municipal corporation, to the CITY OF PALM DESERT, a municipal corporation, is hereby accepted pursuant to its Resolution No. 77- 48, adopted May 12, 1977.
r
W
HONY J. M IA, MMC, CIT CLERK
CITY OF PALM D ' , - A LIFORNIA
May 24, 2023
i
PRIMED ON RECYCLED PAPER
1535
RESOLUTION NO. 77- 48
A RESOLUTION OF THE CITY OF PLAN DESERT, CALIFORNIA,
AUTHORIZING THE CITY CLERK TO ACCEPT OFFERS OF
RIGHT- OF- WAY ON BEHALF OF THE CITY UPON THE
RECOMMENDATION OF THE CITY ATTORNEY AND CITY
ENGINEER
The City Council of the City of Palm Desert does hereby resolve that the City Clerk is authorized to accept and record on behalf of the City all offers of dedication, easements, and other grants of right- of- way offered to the City for public purposes when such acceptance is recommended by both the City Attorney and the City Engineer.
PASSED, APPROVED, and ADOPTED on this 12th day of May, 1977, by the following vote:
AYES: Brush, McPherson, Newbrander, Wilson A Mullins
NOES:
ABSENT:
ABSTAIN:
RD .ViVivL1 va MAYOR
ATTEST:
EACH DOCUMENT TO WHICH THIS CERTIFICATE I5
ATTACHED IS CERTIFIED TO BE A FULL, TRUE AND
CORRECT COPY OF THE ORIGINAL ON FILE AND ON
SHEILA GIL I . C ty ler A" • INMYOFFICE•
City of Palm Desert, Cal forma D 2 4 2o23
NY City perk
City er Noma
1536
1537
1538
1539
1540
1541
1542
1543
1544
1545
1546
1547
1548
1549
1550
1551
1552
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1556
1557
1558
EXHIBIT “A”
LEGAL DESCRIPTION
1 OF 2
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF RIGHT-OF-WAY DEDICATION (FEE), RECORDED APRIL 4, 2023, AS INSTRUMENT NO. 2023-0095443, OFFICIAL RECORDS OF SAID COUNTY, LOCATED IN THE EAST HALF OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 6
EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID RIGHT-OF-WAY DEDICATION; THENCE NORTH 00°03'36" EAST, A DISTANCE OF 226.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 330.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 89°56'24" WEST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 35°05'48", AN ARC DISTANCE OF 202.14 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 54°57'48" WEST TO THE EAST LINE OF SAID RIGHT-OF-WAY DEDICATION;
THENCE NON-TANGENT TO SAID CURVE ALONG SAID EAST LINE SOUTH 00°03'36" WEST, A DISTANCE OF 36.26 FEET TO THE SOUTHEAST CORNER OF
SAID RIGHT-OF-WAY DEDICATION,
THENCE ALONG SAID SOUTHERLY LINE OF SAID RIGHT-OF-WAY DEDICATION NORTH 89°56'24" WEST, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING;
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OFWAY OF RECORD.
CONTAINING 5,821 SQUARE FEET OR 0.134 ACRES MORE OR LESS. 1559
1560
1 OF 2
PARCEL “B” Per PMW 23-0006
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF PARCEL “B” OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 21-0009, RECORDED APRIL 7, 2022, AS INSTRUMENT NO. 2022-0167200 AND PARCEL 3 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 88-1, RECORDED JUNE 1, 1988, AS INSTRUMENT NO. 146461, OFFICIAL RECORDS OF SAID COUNTY, LOCATED IN THE EAST HALF OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL “B”;
THENCE SOUTH 00°03'36" WEST, ALONG THE WESTERLY LINE OF PARCEL “B”, A DISTANCE OF 539.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89°58'51" EAST, A DISTANCE OF 535.92 FEET; THENCE SOUTH 00°01'09" EAST, A DISTANCE OF 82.00 FEET;
THENCE NORTH 89°58'51" EAST, A DISTANCE OF 19.25 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF
30.00 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 43°43'23", AN ARC DISTANCE OF 22.89 FEET TO THE
BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 89.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 43°44'32" EAST;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 87°26'46", AN ARC DISTANCE OF 135.83 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 30.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 43°42'14" EAST;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 43°43'23", AN ARC DISTANCE OF 22.89 FEET;
THENCE NORTH 89°58'51" EAST, A DISTANCE OF 445.25 FEET; THENCE NORTH 00°01'09" WEST, A DISTANCE OF 491.94 FEET; THENCE NORTH 43°30'23" WEST, A DISTANCE OF 65.77 FEET;
1561
2 OF 2
THENCE NORTH 89°56'24" WEST, A DISTANCE OF 14.63 FEET TO THE EASTERLY
RIGHT-OF-WAY LINE AS SHOWN IN GRANT OF RIGHT-OF-WAY RECORDED DECEMBER 13, 2022, AS INSTRUMENT NO. 2022-0500103, OFFICIAL RECORDS OF SAID COUNTY;
THENCE NORTH 00°03'36" EAST, ALONG SAID EASTERLY LINE, A DISTANCE OF 354.14 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL “A” AS DESCRIBED IN QUITCLAIM DEED, RECORDED JULY 21, 2014, AS DOCUMENT NO. 2014-0268859, OFFICIAL RECORDS OF SAID COUNTY;
THENCE NORTH 89°55'15" EAST, ALONG SAID SOUTHERLY LINE A DISTANCE OF 214.39 FEET TO A POINT ON THE EASTERLY LINE OF PARCEL “B” OF SAID CERTIFICATE OF COMPLIANCE NO. 21-0009;
THENCE SOUTH 00°01'14" EAST, ALONG THE EASTERLY LINE OF SAID PARCEL B AND THE EASTERLY LINE OF PARCEL 3 OF SAID CERTIFICATE OF COMPLIANCE NO. 88-1, A DISTANCE OF 3332.57 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 3;
THENCE SOUTH 89°53'06" WEST, ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, A DISTANCE OF 1323.18 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 3;
THENCE NORTH 00°02'47" EAST, ALONG THE WESTERLY LINE OF SAID PARCEL 3, A DISTANCE OF 1332.86 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL B;
THENCE NORTH 00°03'36" EAST, ALONG THE WESTERLY LINE OF SAID PARCEL B, A DISTANCE OF 1189.86 FEET, TO THE TRUE POINT OF BEGINNING.
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OFWAY OF RECORD.
CONTAINING 78.797 ACRES MORE OR LESS.
1562
Dinah Shore Dr
A St
Portola Ave Portola Ave
Gerald Ford Dr
College Dr
Varner Rd
Gateway Dr
Toni Dr
Shepherd Ln
Henri Dr
Rem
brandt Pkwy
Cortesia
Way
Raphael Dr
Raphael Dr
Dolce Ave
Dick Kelly Dr
Renoir Pl
Cezanne Dr
Xander Ct
Monterey Ave
Marriott's
Shadow Ridge
Portola
Ave
Drexell Dr
Hollister Dr
Rose Ridge Dr
Emerson Dr
Shadow
Ridge Rd
Shepherd Ln
Desert Greens Dr N
Oak Flats Dr
Frank Sinatra Dr
Santa Rosa
Country Club
10 Jack Ivey
Dr
Gerald Ford Dr
Technology Dr
College Dr
Pacific Ave
Ivey Ranch
Country Club
College
Dr
University Park
Esri Community Maps Contributors, Loma Linda University, UC Riverside, City of Palm Desert, County of Riverside, California State Parks, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS
Palm Desert Parcels
7/3/2024
0 0.13 0.25 0.5 mi
0 0.2 0.4 0.8 km
1:18,056
VICINITY MAP 1563
1564
RESOLUTION NO. 2024-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP 38434-1.
WHEREAS, Parcel Map conforms to the requirements of the Subdivision Map Act and City Ordinances; and
WHEREAS, the Tentative Tract Map 38434 (TTM38434) was approved to subdivide 93.5 acre site into 1 condominium lot (14.29 acres) and 332 single family residential lots (approximately 70 acres): and
WHEREAS, the TTM 38434 identified Lot A as a private open space lot totaling
1.16 acres which included a portion of city right of way (5,821 square feet) of Explorer Drive. The future extension of Explorer Drive was designed to curvature the street resulting in portion of public right of way to be an excess area. The TTM 38434 identified this area as private open space; and
WHEREAS, the Final Subdivision Map of Tract Map 38434-1 has been approved by the City Engineer as a phasing map and securities posted for the associated phases.
Final Subdivision Map of Tract 38434-1 includes 135 single family residential lots, 10 lots for public streets, 11 lots for private open space, and 1 lot for the clubhouse (38.23 acres).
It has excluded the 5,821 square foot portion of right of way. City will execute a maintenance and easement agreement for that portion of right of way with Applicant to be maintained in perpetuity: and
WHEREAS, the Final Subdivision Map of Tract Map 38434-1, has met the Conditions of Approval for this project (Resolution Nos. 2022-93, 2841, and 2859).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows:
SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Final Subdivision Map of Parcel Map 38434-1, City of Palm Desert, California, is hereby approved as the official map of said tract, subject to the conditions of the Tentative Map.
SECTION 3. The Director of Development Services is directed to process the Parcl Map for recording upon receipt of the required payment of all fees.
SECTION 4. Effective Date. This Resolution shall take effect immediately upon this adoption.
1565
Resolution No. 2024-____ Page 2
ADOPTED ON ________________, 2024.
KARINA QUINTANILLA, MAYOR
ATTEST:
ANTHONY J. MEJIA, CITY CLERK
1566
Resolution No. 2024-____ Page 3
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2022-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________, 2024.
ANTHONY J. MEJIA
CITY CLERK
1567
PLANNING COMMISSION RESOLUTION NO. 2859
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A REVISION TO APPROVED PAD ELEVATIONS FOR TENTATIVE TRACT MAP 38434 TO ACCOMMODATE A 332 SINGLE-FAMILY HOME RESIDENTIAL DEVELOPMENT ON A 93.56-
ACRE PROJECT SITE SOUTH OF GERALD FORD DRIVE AND WEST OF PORTOLA ROAD WITHIN THE REFUGE SPECIFIC PLAN AREA (APNS:
694-310-009 & 694-31-011)
CASE NOS. TTM 38434 (TTM23-0002)
WHEREAS, the City Council of the City of Palm Desert, California, did on the 17th day of November 2022, adopt Resolution No. 2022-93, adopting a Mitigated Negative Declaration (MND) of Environmental Impact pursuant to the California Environmental Quality Act (CEQA), and approving the Refuge Specific Plan; and
WHEREAS, the City Council of the City of Palm Desert, did on the 17th day of November 2022, hold a duly noticed public hearing and adopt City Council Resolution No. 2022-94 to approve Tentative Tract Map (TTM) 38434 to subdivide 93.56 acres into individual parcels, including one (1) lot for condominium purposes, 339 single-family residential lots, and lots for public streets, private streets, and open space areas within the Refuge Specific Plan (“Specific Plan”); and
WHEREAS, Pulte Homes (“Applicant”), submitted a TTM Revision application to revise Tentative Tract Map 38434 to subdivide 93.56 acres into individual parcels, including one (1) lot for condominium purposes, 332 single-family residential lots, and lots for public streets, private streets, and open space areas (“Project”) within the Specific Plan; and WHEREAS, the Project site has a land use designation of Town Center Neighborhood (TCN) in the General Plan adopted on November 10, 2016, and zoning designation of Refuge Specific Plan adopted on November 17, 2022; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of September 2023, hold a duly noticed public hearing and adopted Planning Commission Resolution No. 2841, with conditions of approval, to approve the request by the Applicant for a revision to TTM 38434; and
WHEREAS, Planning Commission Resolution No. 2841 approved pad elevations for the development based on a Preliminary Grading Plan dated August 17, 2023; and
WHEREAS, the Applicant submitted an application for a Rough Grading permit which proposed revisions to the aforementioned approved pad elevations, approved by Planning Commission Resolution No. 2841; and
WHEREAS, the Project can be found consistent with the previously adopted Mitigated Negative Declaration of Environmental Impact pursuant to the California Environmental Quality Act (CEQA) and corresponding Mitigation Monitoring Report Program, adopted via Council Resolution No. 2022-93; and
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1568
PLANNING COMMISSION RESOLUTION NO. 2859
2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March 2024, hold a duly noticed public hearing to consider the request by the Applicant for a revision to the approved pad elevations for TTM 38434; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report exist to justify approval of said request; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows:
SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. Findings on Tentative Tract Map. Under PDMC Section 26.20.100(C), the findings for the tentative map are the following:
1. That the density of the proposed subdivision is consistent with applicable general and specific plans.
The map has been found to be consistent with the density, lot development standards, and land uses of the Specific Plan and the General Plan Land Use Designation for the Town Center Neighborhood. No changes to density are proposed as part of this action.
2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans.
The design and improvement of the subdivision is consistent with the applicable Specific Plan requirements for lot standards, the circulation, and distribution of land uses. No changes to design or improvement are proposed as part of this action.
3. That the site is physically suitable for the type of development.
The site is physically suitable for the mix of single-family and multi-family housing development. The site has suitable access, grading, drainage, and zoning to allow the development.
4. That the site is physically suitable for the proposed density of development.
The site is physically suitable for the density of development. The allowable density for the site has been evaluated by the General Plan. The Applicant has prepared the appropriate technical studies to assess that the site is physically suitable to DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1569
PLANNING COMMISSION RESOLUTION NO. 2859
3 develop. The MND for the Specific Plan identifies required mitigation. No changes to density are proposed as part of this action.
5. That the design of the subdivision or the improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat.
The design of the subdivision and improvements will not cause damage or substantially injure wildlife habitat. The subject property is in an urbanized area of Palm Desert and is adjacent to major roadways, including Gerald Ford Drive. The site is vacant and surrounded by residential development to the west and commercial development to the east. A biological assessment of the site was prepared for the Specific Plan and did not identify suitable habitats for wildlife that could be damaged or affected as a result of the development of the Project.
Ground-disturbing activities for the development of the Project shall comply with the Migratory Bird Treaty Act, as well as preparation of a burrowing owl survey prior to ground-disturbing activities and prior to the removal of vegetation or tree removal shall ensure no habitat is damaged.
6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems.
The design of the subdivision is not likely to cause serious health problems. The Project is not located within a hazardous area that would be subject to flooding, liquefaction, landslides, fault zones, or other natural hazards. The Project does not generate adverse effects that would cause public health problems. Grounddisturbing activities are conditioned to prepare plans to control fugitive dust. The access locations to the subdivision have been evaluated in accordance with the Specific Plan and will not adversely affect public health.
SECTION 3. Project Approval. The Planning Commission approval for a revision to the approved pad elevations for Tentative Tract Map 38434, subject to the Conditions of Approval attached hereto as Exhibit “A” and subject to the pad elevation matrix attached hereto as Exhibit “B”.
ADOPTED ON March 5, 2024
JOSEPH PRADETTO
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1570
PLANNING COMMISSION RESOLUTION NO. 2859
4 I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. 2859 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on March 5, 2024, by the following vote:
AYES: DELUNA, GREENWOOD, GREGORY, PRADETTO
NOES: NONE
ABSENT: HOLT
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on March _19_, 2024.
RICHARD D. CANNONE, AICP
SECRETARY
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1571
PLANNING COMMISSION RESOLUTION NO. 2859
5 EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. TTM 38434
PLANNING DIVISION:
1. The development of the property shall conform substantially with exhibits on file with the Development Services Department, as modified by the following conditions.
2. The approved pad elevations for this project shall remain consistent with the pad elevations identified on Exhibit B of this resolution, as shown on the Rough Grading plan dated 2-12-2024, prepared by MSA Consulting, as part of Rough Grading permit RG23- 0005.
3. The Applicant agrees that in the event of any administrative, legal, or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these project approvals for the Project, or the project approvals themselves, the Developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. Developer, at its sole expense, shall defend, indemnify, and hold harmless the City (including its agents, officers, and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to the Developer’s approval of counsel, which shall not be unreasonably denied, and at the Developer’s sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the Developer and cooperate in the defense. The Developer, upon such notification, shall deposit with City sufficient funds in the judgment of the City Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect the information under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. Developer and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third-party litigation of project approvals without the Developer’s consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless the Developer materially breaches this indemnification requirement.
4. All conditions of approval included in Planning Commission Resolution No. 2841 shall be adhered to as part of this approval and project.
END OF CONDITIONS OF APPROVAL
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1572
PLANNING COMMISSION RESOLUTION NO. 2859
6 Exhibit B
Approved Pad Elevations Matrix
Tentative
Tract Map Lot
Number
Tentative
Tract Map Lot
Pad
Elevations
Final Tract
Map Lot
Number
Final Tract
Map Lot Pad
Elevations
Difference
FTM-TTM Final Tract Number
1 294.4 1 294.5 0.1 38434-1 (Phase 1)
2 294.2 2 294.2 0.0 38434-1 (Phase 1)
3 293.9 3 294.0 0.1 38434-1 (Phase 1)
4 293.7 4 293.7 0.0 38434-1 (Phase 1)
5 293.4 5 293.4 0.0 38434-1 (Phase 1)
6 294.0 6 293.4 -0.6 38434-1 (Phase 1)
7 293.8 7 293.7 -0.1 38434-1 (Phase 1)
8 293.6 8 294.0 0.4 38434-1 (Phase 1)
9 294.1 9 293.4 -0.7 38434-1 (Phase 1)
10 294.3 10 293.8 -0.5 38434-1 (Phase 1)
11 294.5 11 294.2 -0.3 38434-1 (Phase 1)
12 294.8 1 294.6 -0.2 38434 (Phase 2)
13 295.0 2 294.8 -0.2 38434 (Phase 2)
14 295.3 3 295.1 -0.2 38434 (Phase 2)
15 295.5 4 295.3 -0.2 38434 (Phase 2)
16 295.8 5 295.6 -0.2 38434 (Phase 2)
17 296.0 6 295.9 -0.1 38434 (Phase 2)
18 296.2 7 296.2 0.0 38434 (Phase 2)
19 296.5 8 296.3 -0.2 38434 (Phase 2)
20 297.0 9 296.5 -0.5 38434 (Phase 2)
21 297.2 10 296.9 -0.3 38434 (Phase 2)
22 297.5 11 297.2 -0.3 38434 (Phase 2)
23 297.7 12 297.5 -0.2 38434 (Phase 2)
24 297.9 13 297.8 -0.1 38434 (Phase 2)
25 298.2 14 298.1 -0.1 38434 (Phase 2)
26 298.4 15 298.4 0.0 38434 (Phase 2)
27 298.7 16 298.7 0.0 38434 (Phase 2)
28 298.9 17 298.9 0.0 38434 (Phase 2)
29 299.1 18 298.7 -0.4 38434 (Phase 2)
30 299.3 19 298.8 -0.5 38434 (Phase 2)
31 299.7 20 299.2 -0.5 38434 (Phase 2)
32 299.9 21 299.4 -0.5 38434 (Phase 2)
33 300.1 22 299.6 -0.5 38434 (Phase 2)
34 300.4 23 300.0 -0.4 38434 (Phase 2)
35 300.6 24 300.4 -0.2 38434 (Phase 2)
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1573
PLANNING COMMISSION RESOLUTION NO. 2859
7 36 300.8 25 300.8 0.0 38434 (Phase 2)
37 301.1 26 300.8 -0.3 38434 (Phase 2)
38 301.5 27 301.3 -0.2 38434 (Phase 2)
39 301.8 28 301.6 -0.2 38434 (Phase 2)
40 302.0 29 301.9 -0.1 38434 (Phase 2)
41 302.3 30 302.2 -0.1 38434 (Phase 2)
42 302.5 31 302.5 0.0 38434 (Phase 2)
43 302.7 32 302.8 0.1 38434 (Phase 2)
44 303.0 33 303.1 0.1 38434 (Phase 2)
45 303.2 34 303.4 0.2 38434 (Phase 2)
46 304.0 35 303.7 -0.3 38434 (Phase 2)
47 304.0 36 303.7 -0.3 38434 (Phase 2)
48 303.8 37 303.4 -0.4 38434 (Phase 2)
49 303.5 38 303.1 -0.4 38434 (Phase 2)
50 303.2 39 302.8 -0.4 38434 (Phase 2)
51 303.7 40 303.2 -0.5 38434 (Phase 2)
52 303.9 41 303.9 0.0 38434 (Phase 2)
53 303.7 42 304.0 0.3 38434 (Phase 2)
54 303.6 43 303.7 0.1 38434 (Phase 2)
55 304.6 44 304.1 -0.5 38434 (Phase 2)
56 304.6 45 304.8 0.2 38434 (Phase 2)
57 305.0 46 304.5 -0.5 38434 (Phase 2)
58 306.1 47 305.6 -0.5 38434 (Phase 2)
59 306.5 48 306.2 -0.3 38434 (Phase 2)
60 307.0 49 306.8 -0.2 38434 (Phase 2)
61 307.5 50 307.4 -0.1 38434 (Phase 2)
62 308.0 51 307.9 -0.1 38434 (Phase 2)
63 308.5 52 308.3 -0.2 38434 (Phase 2)
64 308.5 53 308.3 -0.2 38434 (Phase 2)
65 308.0 54 307.9 -0.1 38434 (Phase 2)
66 308.0 33 307.6 -0.4 38434-1 (Phase 1)
67 308.2 34 307.9 -0.3 38434-1 (Phase 1)
68 307.9 35 307.7 -0.2 38434-1 (Phase 1)
69 307.7 36 307.4 -0.3 38434-1 (Phase 1)
70 308.8 37 308.5 -0.3 38434-1 (Phase 1)
71 309.8 38 309.5 -0.3 38434-1 (Phase 1)
72 310.8 39 310.3 -0.5 38434-1 (Phase 1)
73 311.7 40 311.7 0.0 38434-1 (Phase 1)
74 312.7 41 313.3 0.6 38434-1 (Phase 1)
75 313.6 42 314.3 0.7 38434-1 (Phase 1)
76 314.4 43 314.7 0.3 38434-1 (Phase 1)
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1574
PLANNING COMMISSION RESOLUTION NO. 2859
8 77 315.1 44 315.2 0.1 38434-1 (Phase 1)
78 315.4 45 315.7 0.3 38434-1 (Phase 1)
79 316.2 46 316.1 -0.1 38434-1 (Phase 1)
80 316.9 47 316.7 -0.2 38434-1 (Phase 1)
81 317.7 48 317.6 -0.1 38434-1 (Phase 1)
82 318.5 49 318.4 -0.1 38434-1 (Phase 1)
83 318.0 50 319.4 1.4 38434-1 (Phase 1)
84 319.7 51 319.9 0.2 38434-1 (Phase 1)
85 317.2 52 317.9 0.7 38434-1 (Phase 1)
86 316.2 53 317.0 0.8 38434-1 (Phase 1)
87 315.0 54 315.9 0.9 38434-1 (Phase 1)
88 313.8 55 314.9 1.1 38434-1 (Phase 1)
89 312.6 56 313.9 1.3 38434-1 (Phase 1)
90 311.3 57 312.6 1.3 38434-1 (Phase 1)
91 310.6 58 311.3 0.7 38434-1 (Phase 1)
92 310.5 59 310.0 -0.5 38434-1 (Phase 1)
93 311.2 60 312.5 1.3 38434-1 (Phase 1)
94 312.4 61 313.8 1.4 38434-1 (Phase 1)
95 313.7 62 314.9 1.2 38434-1 (Phase 1)
96 314.9 63 315.8 0.9 38434-1 (Phase 1)
97 316.1 64 316.7 0.6 38434-1 (Phase 1)
98 317.2 65 317.5 0.3 38434-1 (Phase 1)
99 314.2 66 315.0 0.8 38434-1 (Phase 1)
100 313.3 67 314.0 0.7 38434-1 (Phase 1)
101 312.2 68 313.0 0.8 38434-1 (Phase 1)
102 311.1 69 311.9 0.8 38434-1 (Phase 1)
103 310.0 70 311.0 1.0 38434-1 (Phase 1)
104 309.0 71 310.0 1.0 38434-1 (Phase 1)
105 305.8 72 307.1 1.3 38434-1 (Phase 1)
106 304.8 73 306.0 1.2 38434-1 (Phase 1)
107 303.8 74 304.9 1.1 38434-1 (Phase 1)
108 302.7 75 303.7 1.0 38434-1 (Phase 1)
109 301.6 76 302.5 0.9 38434-1 (Phase 1)
110 300.5 77 301.3 0.8 38434-1 (Phase 1)
111 299.4 78 300.2 0.8 38434-1 (Phase 1)
112 298.3 79 299.0 0.7 38434-1 (Phase 1)
113 297.2 80 297.9 0.7 38434-1 (Phase 1)
114 296.2 81 296.8 0.6 38434-1 (Phase 1)
115 295.1 82 295.7 0.6 38434-1 (Phase 1)
116 294.0 83 294.6 0.6 38434-1 (Phase 1)
117 292.9 84 293.6 0.7 38434-1 (Phase 1)
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1575
PLANNING COMMISSION RESOLUTION NO. 2859
9 118 295.9 85 295.9 0.0 38434-1 (Phase 1)
119 297.0 86 296.6 -0.4 38434-1 (Phase 1)
120 298.1 87 298.8 0.7 38434-1 (Phase 1)
121 299.2 88 299.9 0.7 38434-1 (Phase 1)
122 300.3 89 301.1 0.8 38434-1 (Phase 1)
123 301.4 90 302.3 0.9 38434-1 (Phase 1)
124 302.4 91 303.4 1.0 38434-1 (Phase 1)
125 303.5 92 304.6 1.1 38434-1 (Phase 1)
126 304.6 93 305.8 1.2 38434-1 (Phase 1)
127 305.7 94 307.0 1.3 38434-1 (Phase 1)
128 306.8 95 308.1 1.3 38434-1 (Phase 1)
129 307.9 96 309.1 1.2 38434-1 (Phase 1)
130 309.0 97 310.0 1.0 38434-1 (Phase 1)
131 310.0 98 311.0 1.0 38434-1 (Phase 1)
132 311.1 99 311.9 0.8 38434-1 (Phase 1)
133 312.2 100 313.0 0.8 38434-1 (Phase 1)
134 313.3 101 314.0 0.7 38434-1 (Phase 1)
135 314.2 102 314.8 0.6 38434-1 (Phase 1)
136 312.4 103 311.6 -0.8 38434-1 (Phase 1)
137 308.8 104 309.1 0.3 38434-1 (Phase 1)
138 308.8 105 308.2 -0.6 38434-1 (Phase 1)
139 306.0 106 307.3 1.3 38434-1 (Phase 1)
140 304.7 107 306.1 1.4 38434-1 (Phase 1)
141 303.6 108 304.8 1.2 38434-1 (Phase 1)
142 302.5 109 303.6 1.1 38434-1 (Phase 1)
143 301.4 110 302.3 0.9 38434-1 (Phase 1)
144 300.3 111 301.1 0.8 38434-1 (Phase 1)
145 299.3 112 299.8 0.5 38434-1 (Phase 1)
146 298.2 113 298.6 0.4 38434-1 (Phase 1)
147 297.1 114 297.4 0.3 38434-1 (Phase 1)
148 296.0 115 296.3 0.3 38434-1 (Phase 1)
149 295.0 116 295.2 0.2 38434-1 (Phase 1)
150 305.7 117 306.1 0.4 38434-1 (Phase 1)
151 305.9 118 305.8 -0.1 38434-1 (Phase 1)
152 306.1 119 305.6 -0.5 38434-1 (Phase 1)
153 306.4 120 305.9 -0.5 38434-1 (Phase 1)
154 306.6 121 306.1 -0.5 38434-1 (Phase 1)
155 306.8 122 306.3 -0.5 38434-1 (Phase 1)
156 307.0 123 306.7 -0.3 38434-1 (Phase 1)
157 307.0 124 306.8 -0.2 38434-1 (Phase 1)
158 306.4 125 306.3 -0.1 38434-1 (Phase 1)
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1576
PLANNING COMMISSION RESOLUTION NO. 2859
10 159 305.8 126 305.9 0.1 38434-1 (Phase 1)
160 305.3 127 305.7 0.4 38434-1 (Phase 1)
161 304.9 128 305.0 0.1 38434-1 (Phase 1)
162 304.3 129 304.7 0.4 38434-1 (Phase 1)
163 303.8 130 304.1 0.3 38434-1 (Phase 1)
164 303.2 131 303.5 0.3 38434-1 (Phase 1)
165 302.7 132 302.8 0.1 38434-1 (Phase 1)
166 302.1 133 302.3 0.2 38434-1 (Phase 1)
167 301.5 134 302.0 0.5 38434-1 (Phase 1)
168 301.0 135 301.7 0.7 38434-1 (Phase 1)
169 303.1 23 303.8 0.7 38434-1 (Phase 1)
170 303.6 24 304.3 0.7 38434-1 (Phase 1)
171 304.1 25 304.7 0.6 38434-1 (Phase 1)
172 305.5 26 305.1 -0.4 38434-1 (Phase 1)
173 305.5 27 305.5 0.0 38434-1 (Phase 1)
174 305.5 28 305.8 0.3 38434-1 (Phase 1)
175 306.0 29 306.0 0.0 38434-1 (Phase 1)
176 306.3 30 306.3 0.0 38434-1 (Phase 1)
177 306.7 31 306.6 -0.1 38434-1 (Phase 1)
178 307.0 32 307.1 0.1 38434-1 (Phase 1)
179 307.0 55 307.2 0.2 38434 (Phase 2)
180 306.7 56 306.5 -0.2 38434 (Phase 2)
181 306.3 57 306.0 -0.3 38434 (Phase 2)
182 306.0 58 305.5 -0.5 38434 (Phase 2)
183 305.7 59 305.2 -0.5 38434 (Phase 2)
184 305.5 60 305.0 -0.5 38434 (Phase 2)
185 305.8 76 305.3 -0.5 38434 (Phase 2)
186 306.0 77 305.5 -0.5 38434 (Phase 2)
187 306.3 78 305.8 -0.5 38434 (Phase 2)
188 306.5 79 306.0 -0.5 38434 (Phase 2)
189 306.7 80 306.3 -0.4 38434 (Phase 2)
190 307.0 81 306.5 -0.5 38434 (Phase 2)
191 305.1 82 304.6 -0.5 38434 (Phase 2)
192 304.2 83 303.7 -0.5 38434 (Phase 2)
193 303.7 84 303.2 -0.5 38434 (Phase 2)
194 303.1 85 303.0 -0.1 38434 (Phase 2)
195 302.5 86 302.2 -0.3 38434 (Phase 2)
196 302.0 87 301.8 -0.2 38434 (Phase 2)
197 301.6 88 301.5 -0.1 38434 (Phase 2)
198 301.6 104 301.5 -0.1 38434 (Phase 2)
199 302.2 105 302.0 -0.2 38434 (Phase 2)
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1577
PLANNING COMMISSION RESOLUTION NO. 2859
11 200 302.6 106 302.2 -0.4 38434 (Phase 2)
201 303.0 107 302.5 -0.5 38434 (Phase 2)
202 303.4 108 302.9 -0.5 38434 (Phase 2)
203 303.8 109 303.3 -0.5 38434 (Phase 2)
204 304.2 110 303.7 -0.5 38434 (Phase 2)
205 304.7 111 304.3 -0.4 38434 (Phase 2)
206 302.9 112 302.9 0.0 38434 (Phase 2)
207 302.8 113 302.7 -0.1 38434 (Phase 2)
208 302.6 114 302.5 -0.1 38434 (Phase 2)
209 302.4 115 302.3 -0.1 38434 (Phase 2)
210 302.2 116 302.0 -0.2 38434 (Phase 2)
211 301.9 117 301.7 -0.2 38434 (Phase 2)
212 301.7 118 301.4 -0.3 38434 (Phase 2)
213 301.5 119 301.2 -0.3 38434 (Phase 2)
214 301.2 120 300.8 -0.4 38434 (Phase 2)
215 301.0 121 300.6 -0.4 38434 (Phase 2)
216 301.1 138 300.6 -0.5 38434 (Phase 2)
217 301.3 139 300.9 -0.4 38434 (Phase 2)
218 301.4 140 301.1 -0.3 38434 (Phase 2)
219 301.6 141 301.3 -0.3 38434 (Phase 2)
220 301.8 142 301.6 -0.2 38434 (Phase 2)
221 302.0 143 301.8 -0.2 38434 (Phase 2)
222 302.2 144 302.0 -0.2 38434 (Phase 2)
223 302.4 145 302.3 -0.1 38434 (Phase 2)
224 302.6 146 302.5 -0.1 38434 (Phase 2)
225 302.8 147 302.7 -0.1 38434 (Phase 2)
226 302.9 148 302.9 0.0 38434 (Phase 2)
227 302.2 149 301.9 -0.3 38434 (Phase 2)
228 302.0 150 301.7 -0.3 38434 (Phase 2)
229 301.8 151 301.5 -0.3 38434 (Phase 2)
230 301.2 152 301.2 0.0 38434 (Phase 2)
231 301.4 153 300.9 -0.5 38434 (Phase 2)
232 301.1 154 300.7 -0.4 38434 (Phase 2)
233 300.9 155 300.4 -0.5 38434 (Phase 2)
234 300.7 156 300.1 -0.6 38434 (Phase 2)
235 300.5 157 299.8 -0.7 38434 (Phase 2)
236 300.3 158 299.6 -0.7 38434 (Phase 2)
237 300.4 173 299.9 -0.5 38434 (Phase 2)
238 300.6 174 300.1 -0.5 38434 (Phase 2)
239 300.8 175 300.3 -0.5 38434 (Phase 2)
240 301.0 176 300.5 -0.5 38434 (Phase 2)
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1578
PLANNING COMMISSION RESOLUTION NO. 2859
12 241 301.2 177 300.7 -0.5 38434 (Phase 2)
242 301.4 178 301.0 -0.4 38434 (Phase 2)
243 301.6 179 301.2 -0.4 38434 (Phase 2)
244 301.8 180 301.5 -0.3 38434 (Phase 2)
245 302.0 181 301.7 -0.3 38434 (Phase 2)
246 302.2 182 301.9 -0.3 38434 (Phase 2)
247 303.5 183 303.2 -0.3 38434 (Phase 2)
248 302.8 184 302.9 0.1 38434 (Phase 2)
249 302.6 185 302.7 0.1 38434 (Phase 2)
250 302.4 186 302.4 0.0 38434 (Phase 2)
251 302.2 187 302.1 -0.1 38434 (Phase 2)
252 302.0 188 301.9 -0.1 38434 (Phase 2)
253 301.8 189 301.6 -0.2 38434 (Phase 2)
254 301.6 190 301.4 -0.2 38434 (Phase 2)
255 301.4 191 301.1 -0.3 38434 (Phase 2)
256 301.0 192 300.6 -0.4 38434 (Phase 2)
257 300.0 193 300.3 0.3 38434 (Phase 2)
258 300.6 194 300.1 -0.5 38434 (Phase 2)
259 300.4 195 299.9 -0.5 38434 (Phase 2)
260 300.2 196 299.7 -0.5 38434 (Phase 2)
261 300.0 197 299.5 -0.5 38434 (Phase 2)
262 298.9 166 298.6 -0.3 38434 (Phase 2)
263 299.1 167 299.0 -0.1 38434 (Phase 2)
264 299.3 168 299.3 0.0 38434 (Phase 2)
265 299.5 169 299.6 0.1 38434 (Phase 2)
266 299.7 170 299.8 0.1 38434 (Phase 2)
267 299.9 171 300.1 0.2 38434 (Phase 2)
268 300.1 172 300.3 0.2 38434 (Phase 2)
269 300.0 159 300.4 0.4 38434 (Phase 2)
270 300.0 160 300.2 0.2 38434 (Phase 2)
271 299.8 161 300.0 0.2 38434 (Phase 2)
272 299.5 162 299.7 0.2 38434 (Phase 2)
273 299.3 163 299.3 0.0 38434 (Phase 2)
274 299.1 164 299.0 -0.1 38434 (Phase 2)
275 298.9 165 298.6 -0.3 38434 (Phase 2)
276 297.9 130 297.8 -0.1 38434 (Phase 2)
277 298.1 131 298.0 -0.1 38434 (Phase 2)
278 298.3 132 298.2 -0.1 38434 (Phase 2)
279 298.5 133 298.5 0.0 38434 (Phase 2)
280 298.7 134 298.7 0.0 38434 (Phase 2)
281 298.8 135 299.0 0.2 38434 (Phase 2)
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1579
PLANNING COMMISSION RESOLUTION NO. 2859
13 282 299.0 136 299.2 0.2 38434 (Phase 2)
283 299.2 137 299.5 0.3 38434 (Phase 2)
284 299.4 122 299.7 0.3 38434 (Phase 2)
285 299.3 123 299.5 0.2 38434 (Phase 2)
286 299.1 124 299.3 0.2 38434 (Phase 2)
287 298.8 125 299.0 0.2 38434 (Phase 2)
288 298.6 126 298.6 0.0 38434 (Phase 2)
289 298.4 127 298.2 -0.2 38434 (Phase 2)
290 298.1 128 297.8 -0.3 38434 (Phase 2)
291 297.9 129 297.5 -0.4 38434 (Phase 2)
292 296.9 97 296.8 -0.1 38434 (Phase 2)
293 297.3 98 297.4 0.1 38434 (Phase 2)
294 297.7 99 297.9 0.2 38434 (Phase 2)
295 298.1 100 298.5 0.4 38434 (Phase 2)
296 298.7 101 299.0 0.3 38434 (Phase 2)
297 299.4 102 299.6 0.2 38434 (Phase 2)
298 300.1 103 300.2 0.1 38434 (Phase 2)
299 300.3 89 300.4 0.1 38434 (Phase 2)
300 299.8 90 300.0 0.2 38434 (Phase 2)
301 299.4 91 299.6 0.2 38434 (Phase 2)
302 299.0 92 299.2 0.2 38434 (Phase 2)
303 298.5 93 298.9 0.4 38434 (Phase 2)
304 298.1 94 298.5 0.4 38434 (Phase 2)
305 297.6 95 297.8 0.2 38434 (Phase 2)
306 296.9 96 296.8 -0.1 38434 (Phase 2)
307 296.0 68 295.7 -0.3 38434 (Phase 2)
308 296.2 69 296.3 0.1 38434 (Phase 2)
309 296.4 70 296.6 0.2 38434 (Phase 2)
310 296.7 71 296.8 0.1 38434 (Phase 2)
311 296.9 72 297.1 0.2 38434 (Phase 2)
312 297.2 73 297.5 0.3 38434 (Phase 2)
313 297.6 74 297.9 0.3 38434 (Phase 2)
314 297.8 75 298.1 0.3 38434 (Phase 2)
315 297.6 61 297.9 0.3 38434 (Phase 2)
316 297.3 62 297.6 0.3 38434 (Phase 2)
317 297.1 63 297.3 0.2 38434 (Phase 2)
318 297.8 64 297.0 -0.8 38434 (Phase 2)
319 296.6 65 296.8 0.2 38434 (Phase 2)
320 296.4 66 296.5 0.1 38434 (Phase 2)
321 296.1 67 296.0 -0.1 38434 (Phase 2)
322 294.9 22 294.8 -0.1 38434-1 (Phase 1)
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1580
PLANNING COMMISSION RESOLUTION NO. 2859
14 323 295.1 21 295.1 0.0 38434-1 (Phase 1)
324 295.3 20 295.4 0.1 38434-1 (Phase 1)
325 295.5 19 295.7 0.2 38434-1 (Phase 1)
326 295.7 18 296.1 0.4 38434-1 (Phase 1)
327 295.9 17 296.4 0.5 38434-1 (Phase 1)
328 296.1 16 296.7 0.6 38434-1 (Phase 1)
329 296.2 15 296.9 0.7 38434-1 (Phase 1)
330 295.0 12 294.9 -0.1 38434-1 (Phase 1)
331 295.3 13 295.4 0.1 38434-1 (Phase 1)
332 295.5 14 295.7 0.2 38434-1 (Phase 1)
DocuSign Envelope ID: 3966F8E0-9900-4586-90DF-15BD97C5D423 1581
PLANNING COMMISSION RESOLUTION NO. 2841
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A REVISION OF TENTATIVE TRACT MAP 38434 TO MODIFY THE LAYOUT TO ACCOMMODATE A 332 SINGLEFAMILY HOME RESIDENTIAL DEVELOPMENT ON A 93. 56- ACRE
PROJECT SITE SOUTH OF GERALD FORD DRIVE AND WEST OF
PORTOLA ROAD WITHIN THE REFUGE SPECIFIC PLAN AREA ( APNS:
694- 310- 009 & 694- 310- 011)
CASE NOS. TTM 38434 REVISION NO. 1 ( TTM23- 0002)
WHEREAS, the City Council of the City of Palm Desert, California, did on the 171h day of November 2022, adopt Resolution No. 2022- 93, adopting a Mitigated Negative Declaration MND) of Environmental Impact pursuant to the California Environmental Quality Act (CEQA), and approving the Refuge Specific Plan; and
WHEREAS, the City Council of the City of Palm Desert, did on the 17th day of November 2022, hold a duly noticed public hearing and adopt City Council Resolution No. 2022- 94 to approve Tentative Tract Map ( TTM) 38434 to subdivide 93. 56 acres into individual parcels, including one ( 1) lot for condominium purposes, 339 single-family residential lots, and lots for public streets, private streets, and open space areas within the Refuge Specific Plan (" Specific Plan"); and
WHEREAS, Pulte Homes (" Applicant"), submitted a TTM Revision application to revise Tentative Tract Map 38434 to subdivide 93.56 acres into individual parcels, including one ( 1) lot for condominium purposes, 332 single-family residential lots, and lots for public streets, private streets, and open space areas (" Project") within the Specific Plan; and WHEREAS, the Project site has a land use designation of Town Center Neighborhood TCN) in the General Plan adopted on November 10, 2016, and zoning designation of Refuge Specific Plan adopted on November 17, 2022; and
WHEREAS, the Project can be found consistent with the previously adopted Mitigated Negative Declaration of Environmental Impact pursuant to the California Environmental Quality Act ( CEQA) and corresponding Mitigation Monitoring Report Program, adopted via Council Resolution No. 2022- 93; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of September 2023, hold a duly noticed public hearing to consider the request by the Applicant for a revision to TTM 38434; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report exist to justify approval of said request; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and
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NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows:
SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. Findings on Tentative Tract Map. Under PDMC Section 26. 20. 100( C), the findings for the tentative map are the following:
1. That the density of the proposed subdivision is consistent with applicable general and specific plans.
The map has been found to be consistent with the density, lot development standards, and land uses of the Specific Plan and the General Plan Land Use Designation for the Town Center Neighborhood. The TTM creates 332 singlefamily residential lots within Planning Areas 2 and 3. The number of lots is consistent with the minimum allowable density for the Specific Plan. All comply with the minimum requirements for lot sizes and dimensions established by the Specific Plan. The TTM provides for a circulation of public streets and private streets, which is consistent with the requirements of the Specific Plan. The tract provides for a distribution of open space and private amenity areas, which is consistent with the Specific Plan.
2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans.
The design and improvement of the subdivision is consistent with the applicable Specific Plan requirements for lot standards, the circulation, and distribution of land uses. The dedications for public right-of-way are consistent with the applicable circulation elements of the Specific Plan.
3. That the site is physically suitable for the type of development.
The site is physically suitable for the mix of single- family and multi- family housing development. The site has suitable access, grading, drainage, and zoning to allow the development.
4. That the site is physically suitable for the proposed density of development.
The site is physically suitable for the density of development. The allowable density for the site has been evaluated by the General Plan. The Applicant has prepared the appropriate technical studies to assess that the site is physically suitable to develop. The MND for the Specific Plan identifies required mitigation.
5. That the design of the subdivision or the improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat.
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The design of the subdivision and improvements will not cause damage or substantially injure wildlife habitat. The subject property is in an urbanized area of Palm Desert and is adjacent to major roadways, including Gerald Ford Drive. The site is vacant and surrounded by residential development to the west and commercial development to the east. A biological assessment of the site was prepared for the Specific Plan and did not identify suitable habitats for wildlife that could be damaged or affected as a result of the development of the Project.
Ground- disturbing activities for the development of the Project shall comply with the Migratory Bird Treaty Act, as well as preparation of a burrowing owl survey prior to ground-disturbing activities and prior to the removal of vegetation or tree removal shall ensure no habitat is damaged.
6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems.
The design of the subdivision is not likely to cause serious health problems. The Project is not located within a hazardous area that would be subject to flooding, liquefaction, landslides, fault zones, or other natural hazards. The Project does not generate adverse effects that would cause public health problems. Grounddisturbing activities are conditioned to prepare plans to control fugitive dust. The access locations to the subdivision have been evaluated in accordance with the Specific Plan and will not adversely affect public health.
SECTION 3. Project Approval. The Planning Commission approval for a revision to Tentative Tract Map 38434, subject to the Conditions of Approval attached hereto as Exhibit A" annuls the prior map approval under Resolution No. 2022- 94.
ADOPTED ON September 5, 2023
loe adotto( Sep
JOSEPH PRADETTO
CHAIRPERSON
ATTEST:
RI HARD D. CANNONE, AICP
SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2841
I Richard D. Cannone AICP Secrets Secretary f o the City of Palm Desert, hereby certify that Resolution No. 2841 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on September 5, 2023, by the following vote:
AYES: GREENWOOD, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: DE LUNA and GREGORY
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on September, r
023.
RICHARD D. CANNONE, AICP
SECRETARY
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EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. TTM 38434 REVISION NO. 1
PLANNING DIVISION:
1. The development of the property shall conform substantially with exhibits on file with the Development Services Department, as modified by the following conditions.
2. The Applicant agrees that in the event of any administrative, legal, or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these project approvals for the Project, or the project approvals themselves, the Developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. Developer, at its sole expense, shall defend, indemnify, and hold harmless the City ( including its agents, officers, and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to the Developer' s approval of counsel, which shall not be unreasonably denied, and at the Developer' s sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the Developer and cooperate in the defense. The Developer, upon such notification, shall deposit with City sufficient funds in the judgment of the City Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect the information under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. Developer and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third- party litigation of project approvals without the Developer' s consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless the Developer materially breaches this indemnification requirement.
3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to the approved development standards listed in the PDMC, and state and federal statutes now in force, or which hereafter may be in force.
4. The TTM shall expire if recordation of the said Project is not completed within two ( 2) years from date of the original approval ( November 17, 2022) unless an extension of time is granted by the Palm Desert Planning Commission; otherwise, said approval shall become null, void, and of no effect whatsoever. Expiration date of this map is November 17, 2024.
5. The approved TTM shall only be modified with written City approval in accordance with the requirements of the Specific Plan and Chapter 26. 20 of the Palm Desert Municipal Code ( PDMC).
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6. All construction documentation shall be coordinated for consistency, including, but not limited to, architectural, structural, mechanical, electrical, plumbing, landscape and irrigation, grading, and street improvement plans. All such plans shall be consistent with the approved entitlement plans on file with the Development Services Department.
7. The Applicant shall execute a written acknowledgment to the Planning Division stating acceptance of and compliance with all the Conditions of Approval of Resolution No. 2841 for TTM 38434, and that the plans submitted are in compliance with the Conditions of Approval. No modifications shall be made to said plans without written approval from the appropriate decision- making body.
8. Prior t o h
the issuance of a building permit for construction of any use or structure contemplated by this approval, the Applicant shall first obtain permits and or clearance from the following agencies:
Coachella Valley Water District (CVWD)
Fire Department
Building and Safety Division
Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented to the Building & Safety Division at the time of issuance of a building permit for the use contemplated herewith.
9. The Applicant shall establish a homeowners' association ( HOA). The HOA' s responsibility for maintenance shall include but is not limited to maintenance of private amenity areas and open space, landscaping, stormwater retention, and related infrastructure. The final maintenance plan shall include detailed text and illustrative diagrams indicating areas of responsibility for maintenance and shall be subject to approval by the Director of Development Services and City Engineer.
10. Prior to approval of the final map, the Applicant shall submit a final phasing plan, which identifies the timing of roadway improvements and open space.
A. The phasing plan shall indicate that full segments of Planning Area 5, shown as Lot " K" shall be completed and fully landscaped prior to the occupancy of any adjacent homes on Lots 1 through 46.
B. The entire amenity area shown on Lot O shall be completed prior to the occupancy of the 200th unit within Planning Area 3.
11. The pad elevations of all lots shall be consistent with the approved preliminary grading plan included in the project file. Adjustments that increase or decrease the pad elevation by six inches ( 0'- 6") or less shall be subject to review and approval by the Director of Development Services and City Engineer. Any change to a pad elevation shall require an adjustment to the grading and drainage plan for consistency.
A. Adjustments that increase the approved pad elevations on Lots 1- 46 by more than six ( 6) inches shall require approval by the Planning Commission. Exhibit B, attached to this resolution, provides the approved plan elevations for these lots, 6 1587
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per the preliminary grading and drainage exhibit drafted by MSA Consulting, dated August 17, 2023.
B. Adjustments that increase the pad elevations by more than six ( 6) inches on all other lots must be reviewed by the City Engineer and approved through the Director of Development Services. The Director of Development Services may refer the request to Planning Commission for approval.
12. The Applicant shall construct the circulation network for Street " A" and Street " B" as shown on the approved Specific Plan prior to any development within Planning Area 2 and/ or Planning Area 3.
13. All mitigation measures identified in the Specific Plan Mitigated Negative Declaration SCH# 2022100013) and the accompanying Mitigation Monitoring and Reporting Program ( MMRP), shall be incorporated into the planning, design, development, and operation of the Project.
14. At recordation of the final map, the Applicant shall record an easement for a secondary Fire Department emergency access across Lot 333, which provides a connection between Street " A" and Street " B."
LAND DEVELOPMENT DIVISION/ PUBLIC WORKS DEPARTMENT:
15. The following plans, studies, and exhibits are hereby referenced: Specific Plan, prepared by MSA Consulting and dated August 2022; TTM 38434 and dated August 25, 2023; Preliminary Grading, prepared by MSA Consulting, Inc. and dated August 17, 2022; Preliminary Utility Plan, prepared by MSA Consulting, Inc. and dated June 2022; Preliminary Hydrology Report, prepared by MSA Consulting, Inc. and dated August 18, 2022; and Preliminary Water Quality Management Plan, prepared by MSA Consulting, Inc. and dated August 19, 2022.
16. The map shall comply with the State of California Subdivision Map Act and with the City of PDMC Title 26, unless otherwise modified by the conditions listed herein.
17. It is assumed that easements shown on the preliminary grading exhibit are shown correctly and include all the easements that encumber the subject property. A current preliminary title report for the site will be required to be submitted during the technical plan review. The Applicant shall secure approval from all, if any, easement holders for all grading and improvements, which are proposed over the respective easement or provide evidence that the easement has been relocated, quitclaimed, vacated, abandoned, easement holder cannot be found, or is otherwise of no effect. Should such approvals or alternate actions regarding the easements not be provided and approved by the City, the Applicant may be required to amend or revise the proposed site configuration as may be necessary.
18. It is understood that the conceptual exhibits correctly show acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Qs, and that the omission or unacceptability may require that the Applicant amend or revise the site plan as may be.
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19. All common areas will be permitted as shown on the tentative exhibit, subject to these Conditions of Approval and the Applicant providing adequate provisions, by means of a homeowners' association ( HOA) or another equivalent responsible mechanism as approved by the City Engineer and City Attorney, for the continued and perpetual maintenance of these common areas, and on- site post- construction Best Management Practices ( BMPs) to the satisfaction of the City Engineer and City Attorney.
20. The Applicant shall pay all, appropriate signalization fee prior to the issuance of the first building permit for the development in accordance with the City' s Resolution No. 79- 17 and 79- 55.
21. The Applicant may choose to develop the tentative map in phases with the approval of the City Engineer. Financial security shall be provided for all public improvements associated with each phase of the map. The boundaries of any multiple map increment shall be subject to the approval of the City Engineer. The City Engineer may require the dedication and construction of necessary utility, street, or other improvements beyond the project boundary, if the improvements are needed for circulation, parking, access, or for the welfare or safety of the public. This approval must be obtained prior to the Applicant submitting a Phasing Plan to the California Bureau of Real Estate.
22. If the developer chooses to construct the project in phases, a Construction Phasing Plan for the construction of on- site public or private improvements shall be submitted for review and approved by the City Engineer.
23. Prior to map approval, the Applicant shall pay all, appropriate drainage fee in accordance with the City' s Municipal Code Section 26. 49 and Palm Desert Ordinance No. 653.
24. Prior to map approval, the Applicant shall pay all appropriate park fees in accordance with the City' s Municipal Code Section 26. 48. 060.
25. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24. 20 Stormwater Management and Discharge Ordinance.
26. All utility extensions within the site shall be placed underground unless otherwise specified or allowed by the respective utility purveyor.
27. Prior to approval of any implementing development project, planning area, parcel/ tract map within the Refuge Specific Plan area, a development specific traffic letter shall be submitted to the City. The letter shall address consistency with the approved Specific Plan Traffic Impact Analysis assumptions. If it is determined that the proposed development is inconsistent with the approved report, the Applicant shall file an amendment to the approved traffic report describing the impacts of any proposed changes.
28. Prior to precise grading plan approval, the Applicant shall provide a Pedestrian Accessibility Route Plan that labels and indicates the path location and conceptual design of the following structures and facilities:
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PLANNING COMMISSION RESOLUTION NO. 2841
A. Sidewalks and walks ( public right of way sidewalk, walks within the development.
B. Directional curb ramps.
C. Vehicular crossings ( at driveways) shall meet state and federal requirements.
The Pedestrian Accessibility Route Plan shall clearly indicate structures that are proposed with the development and future per other phases and/or site plans. Pedestrian facilities privately or publicly owned) that are open to the public shall comply with accessibility standards in the California Building Code ( current) and Americans with Disability Act ADA) regulations.
29. Public improvements, constructed as part of the requirements for this project, that are non- compliant with the accessibility standards in effect at the time of construction or alteration, shall be brought up to current accessibility standards. This work shall be incorporated into the scope of this project and shall be completed prior to acceptance by the City. Improvements that are compliant with the accessibility standards in effect at the time of construction, shall be documented on a separate construction plan with detailed specifications ( running and cross slopes of all pedestrian walking surfaces, locations and dimensions and slopes of maneuvering spaces and landings, width of sidewalk, width, and vertical clearance from obstructions). The accessibility of existing improvements will be verified by City inspection staff upon completion of the project. Discrepancies between documented existing conditions and existing conditions as measured by City staff shall be remedied and brought up to accessibility standards as part of the Project.
30. Prior to a grading permit, the Applicant shall prepare a final grading plan for the site. No grading or other improvements shall be permitted until a final grading plan has been approved by the City Engineer. Grading plans and all grading shall conform to the approved Conceptual Grading Plan, the California Building Code, PDMC Title 27 Grading, and all other relevant laws, rules, and regulations governing grading in the City of Palm Desert.
31. The grading plan shall provide for acceptance and proper disposal of all off- site drainage flowing onto or through the site. Should the quantities exceed the street capacity, the Applicant shall provide adequate drainage facilities and/or appropriate easements as approved by the City Engineer.
32. Pad elevations, as shown on the conceptual exhibit, are subject to review and modification per Chapter 27 of the PDMC.
33. Prior to approval of the grading plan, the Applicant shall prepare a detailed final flood hazard/ hydrology and hydraulics report for approval of the City Engineer. The report shall encompass the entire area of the subdivision and comply with all relevant laws, rules, and regulations governing the City of Palm Desert. Development specific recommendations for sizing of drainage facilities, systems, and conveyance systems shall be included for all areas within the subdivision.
34. All drainage and storm drain improvements shall be designed per PDMC Title 24, Riverside County Flood Control and Water Conservation District' s standards for the Drainage Element of the Palm Desert General Plan, and all other relevant laws, rules, and 9 1590
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regulations governing grading in the City of Palm Desert.
35. Prior to approval of the grading plans, the Applicant shall provide the City Engineer with evidence that a Notice of Intent ( NOI) has been filed with the State Water Resources Control Board. Such Evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed. More detailed information regarding this General Permit, applicable fee information and the necessary forms to complete the NOI are available by calling ( 916) 341- 5537 or on the SWRCB web site at: Construction Stormwater General Permits I California State Water Resources Control Board. https:// www.waterboards. ca. gov/ water_issues/ programs/ stormwater/ constpermits. htm1
36. Prior to the issuance of a grading permit, the Applicant shall submit a PM10 application for review and approval. The Applicant shall comply with all provisions of PDMC Section
24. 12 regarding Fugitive Dust Control.
37. Prior to issuance of grading permit, the Applicant shall submit a Storm Water Pollution Prevention Plan ( SWPPP) for review and approval of the Land Development department.
38. Where grading involves import or export, the Applicant shall obtain permits from the Public Works Department, including import/ export quantities and hauling route.
39. Prior to grading permit, it shall be the sole responsibility of the Applicant to obtain any and all proposed or required easements and/ or permissions necessary to perform the grading shown on the grading plan exhibit. Proof shall be provided to the Land Development Division prior to issuance of grading permit.
40. It is assumed that the grading and the provisions for water quality management shown on the conceptual grading exhibit can comply with all requirements for a Final Water Quality Management Plan ( F- WQMP), without substantial change from that shown. Prior to approval of the grading plan for each Precise Plan Landowner shall prepare, or cause to be prepared, a Final WQMP in conformance with the requirements of the Riverside County Flood Control and Water Conservation District ( RCFC& WCD) Whitewater River Watershed area for approval of the City Engineer.
41. All post- construction BMPs shall be designed based on the City of Palm Desert' s maximum infiltration criteria of one ( 1) inch/ hour.
42. Prior to the issuance of a grading permit, the Applicant shall submit a signed and notarized WQMP Operations and Maintenance Agreement to the City. The agreement shall provide for the maintenance and operation of open space areas, common spaces such as parking lot and recreational facilities, trash disposal for common areas, and water quality BMP facilities, by either the property owners' association or the owners of each individual lot or unit as tenants in common.
43. The Applicant' s Civil Engineer shall field verify that all BMPs are designed, constructed, and functional in accordance with the approved WQMP. BMPs shall be inspected and signed- off by the City Public Works/ CIP inspector. Coordinate inspection with staff and submit a completed verification form for review and approval. This condition will be at the 10 1591
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discretion of the City Engineer.
44. Prior to the issuance of grading permit and in compliance with the City of PDMC Chapter
27. 24, the Applicant shall enter into an agreement and post financial security guarantee for all grading work related to this Project.
45. Prior to the issuance of grading permit for each Precise Plan, the Applicant shall submit for review and approval of the City Engineer a final Geotechnical Report that includes project specific recommendations.
46. Prior to the start of grading activities, the Applicant shall install all erosion and dust control mechanisms for the site as approved by the City.
47. Upon completion of grading of each Precise Plan, the Project' s Geotechnical Engineer shall certify to the completion of grading in conformance with the approved grading plans and the recommendations of the geotechnical report approved for this Project. A licensed land surveyor shall certify to the completion of grading in conformance with the lines and grades shown on the approved grading plans.
48. Prior to map recordation, the Applicant shall submit improvement plans for all public streets and improvements.
A. Dedication of street on the final map shall be for public right- of- way purposes inclusive of street, drainage, and utility installation.
B. The following streets have been identified as future public streets during the review process and are identified in the referenced tentative map exhibit:
Portion/ Extension of Julie Drive, Street " A", Street " B", Street " C", Street" D", Street E", Street " F", Street " G", Street " H", Street " I", Street " J", Street " K", Street " L", Street " M", Street " N", Street " O", Street " P", Street " Q", and Street " R".
49. Final map shall show, as part of the Owner's Statement, retention of open space lots identified in the referenced tentative map exhibit. The following lots were identified as to be retained by ownership: Lot A through Lot O inclusive.
A. Any changes to the ownership of the lots will require approval by the City Engineer and the Director of Public Works.
B. Maintenance responsibilities for private common spaces and lots retained on the map shall be clearly detailed on the CC& Rs for the subdivision.
50. Final map shall show corner cutback dedication at all corner lots and public street intersections. Dedication at corner lots shall be adequate to accommodate all public infrastructure within the public street, including ADA compliant curb ramps.
51. Prior to the map recordation, the Applicant shall provide full- scale signing and striping improvement plans for all public streets as a separate set of plans from street improvement plans for review and approval by the City Engineer. Signing and striping plans shall show existing improvements and modifications including, but not limited to, bike lanes, roundabout( s), travel lanes, pavement markings, turning arrows, etc. 11 1592
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52. Prior to final map approval, the Applicant shall pay a fair share contribution equivalent to
42. 9% of the design and construction cost for the signalization of Gerald Ford Drive and Rembrandt Way/ Vitalia Way intersection.
53. The final map may not be approved until the required improvements, as identified on these Conditions of Approval, have been satisfactorily constructed and approved by the City Engineer; or until an adequate security has been posted with the City, in accordance with PDMC Title 26. If construction is not completed prior to map recordation, the Applicant shall enter into a subdivision improvement agreement and post financial securities with the City for the required public improvements prior to map approval. The form and amount of the financial security shall be reviewed and approved by the City and be in compliance with PDMC Sections 26. 28. 030 and 26. 28. 040.
54. Prior to map recordation, unless corresponding securities are posted per Condition No. 53, the Applicant is responsible for the construction and installation of improvements on Gerald Ford Drive in compliance with the Refuge Specific Plan. Improvements generally include, but not limited to:
A. If not in place or constructed by others prior to the proposed map recordation:
Street improvements, including meandering sidewalk, curb and gutter, and landscape and irrigation improvements along the Refuge Specific Plan boundary and transitioning to existing improvements to the east and west of the site.
B. A Class II bicycle lane in accordance with Coachella Valley Association of Governments Active Transportation Planning ( CVAG ATP) Design Guidelines Section 5. 3.
C. Improvements identified in these Conditions of Approval for public streets.
D. The Applicant shall show, as reference only, all existing and proposed utility connections. Utility plans shall be processed and approved by CVWD.
55. Prior to map recordation, unless securities are posted per Condition No. 53, the Applicant is responsible for the construction and installation of Gerald Ford Drive/ Rembrandt Parkway intersection improvements in compliance with the traffic report prepared for Refuge Specific Plan and approved by the City. Improvements generally include, but are not limited to:
A. ADA compliant curb ramps.
B. Installation of intersection improvements to provide:
i. Northbound: one LT/TH lane, one ( 125 ft) RT lane
ii. Southbound: one shared LT/ TH/ RT lane
iii. Eastbound: one LT lane, two TH lanes, one ( 150 ft) RT lane iv. Westbound: one ( 150 ft) LT lane, three TH lanes, one RT lane v. Signalized intersection
C. Applicant to pay for full cost of intersection and roadway improvements, excluding traffic signal.
D. In addition, Applicant shall contribute a 42. 9% of the total design and construction cost for intersection signalization and improvements. The amount shall be per the City' s approved cost estimate and a form approved by the City Engineer.
E. Design for traffic signal shall consider interconnect to adjacent signals on Gerald 12 1593
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Ford Drive at Portola Avenue and at Gateway Drive shall be included as part of the design and construction cost estimates.
56. Prior to map recordation, unless securities are posted per Condition No. 53, the Applicant is responsible for the construction and installation of improvements on Street "A" south of Gerald Ford Drive transitioning to proposed Street " A" in compliance with the Refuge Specific Plan and as identified in the traffic study. Improvements generally include but are not limited to:
A. ADA compliant curb ramps at driveway crossings.
B. Widening of Street " A" to a 44- foot roadway, north of the subdivision boundary to Gerald Ford Drive, providing landscape and sidewalk along both sides of the street. Street section shall provide for 44- foot roadway with the following geometries:
i. Northbound: one lane
ii. Southbound: one lane
C. In addition, the design shall include shared bicycle and golf cart lanes between Gerald Ford Drive and the extension of Julie Lane.
57. Prior to map recordation, unless securities are posted per Condition No. 53, the Applicant is responsible for the construction and installation of Street " A"/ Julie Lane intersection improvements in compliance with the Specific Plan Traffic Report recommendations.
A. Applicant will be responsible for providing adequate right- of- way on the final map to accommodate all public infrastructure within the public right- of-way. Applicant will be the sole responsible party for any right- of-way acquisition, if any, that may be required in order to satisfy this Condition of Approval.
B. Install intersection improvements:
i. Roundabout per California Highway Design Manual ( CA HDM) and Federal Highway Administration ( FHWA) guidelines, including enhanced central island and accessible pedestrian crossing.
ii. Modify existing westerly terminus of Julie Lane to join with required roundabout improvements.
iii. Sidewalk facilities shall be provided surrounding the roundabout. iv. Landscape improvements within public right- of- way will be required surrounding the roundabout.
58. Prior to map recordation, unless securities are posted per Condition No. 53 or the improvements are found by the City Engineer to no longer be required, the Applicant is responsible for the construction and installation of Julie Lane/ Portola Road intersection improvements in compliance with the Specific Plan traffic report recommendations.
A. Install geometries to provide:
i. Northbound: one LT, three TH lanes, one RT lane
ii. Southbound: one LT, two TH lanes, one shared TH/ RT lane iii. Eastbound: one LT lane, one shared TH/ RT
iv. Westbound: one LT lane, one TH lane, one RT lane
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59. Prior to map recordation, unless securities are posted per Condition No. 53, the Applicant is responsible for the construction and installation of improvements of Street " B", the westerly extension of existing Julie Lane. Improvements shall be provided on both sides of the street and generally include, but not limited to: curb and gutter, landscape and irrigation improvements, landscape buffered sidewalks along roadways.
A. Proposed Street "B" shall extend and connect to proposed Street "F" as generally shown on the tentative map exhibit. Connection and roadway alignment shall be reviewed and approved by the City Engineer.
B. All signing and striping shall follow California MUTCD standards.
C. Proposed Street" B" and future condominium development parcel intersection shall be designed to include a mini roundabout per CA HDM and FHWA guidelines or as a three- legged intersection ( T- intersection). Final design shall be reviewed and approved by the City Engineer.
60. Prior to map recordation, unless securities are posted per Condition No. 53, the Applicant is responsible for the construction and installation of improvements on proposed local streets. Improvements shall be provided on both sides of the streets unless otherwise specified on these conditions of approval and generally include, but not limited to: curb and gutter, and landscape and irrigation improvements, and landscape buffered sidewalks along roadways.
A. All signing and striping shall follow California MUTCD standards and be submitted as a separate set of plans for review and approval of the City Engineer.
B. Parking along 36- foot-wide interior streets shall be limited to one side of the street only.
C. Horizontal curves shall be designed per Highway Design Manual and shall provide adequate roadway expansion (widening) to safe vehicle circulation and movements.
D. Street design shall incorporate a roundabout per CA HDM and FHWA guidelines at the intersection of proposed Street " C" and Street " G".
E. Streets design shall incorporate mini roundabouts per CA HDM and FHWA guidelines at the intersection of proposed Street " G" and Street " J," as generally shown on the referenced tentative map exhibit. Final design shall be reviewed and approved by the City Engineer.
61. Prior to issuance of encroachment permit for public improvements and/or map recordation, whichever comes first, the Applicant shall enter into an agreement and post financial security guarantee for the construction of all off- site/ public improvements in accordance with Chapter 27. 24 of the PDMC. The form and amount of the financial security shall be reviewed and approved by the City Engineer. The Applicant shall guarantee all improvements for a period of one ( 1) year from the date of final acceptance and the improvement guarantee shall be backed by a bond or cash deposit in the amount of ten percent of the surety posted for the improvements.
62. Prior to the map recordation, the Applicant shall submit grading and improvement plans for all private improvements and common areas for review and approval of the City Engineer.
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A. Signing and striping shall be part of the plans and shall include stop signs and stop bars for vehicles exiting the amenities area parking lot.
B. All private improvements shall be kept within private property. Non- standard encroachments into proposed public right- of-way will not be permitted, unless clearly identified on these Conditions of Approval.
63. Prior to approval of the improvement plans, the Applicant shall provide a full- scale signing and striping improvement plan for all public streets as a separate set of plans from street improvement plans for review and approval of the City Engineer. Signing and striping plans shall show existing improvements and modifications including, but not limited to, bike lanes, median break( s), travel lanes, pavement markings, turning arrows, etc.
64. Prior to a building permit for the first developed phase, proposed Street " A", Julie Lane, and Street " A"/ Julie Lane intersection improvements shall be in constructed and accessible. Recommendations of the traffic report may be phased as approved by the City Engineer, but in no case shall defer installation or payment of fair share for traffic signal at Gerald Ford beyond the first developed phase.
65. Prior to a building final inspection, the Applicant is responsible for the completion of construction of all grading and improvements for which plans are required.
66. Prior to final building permit inspection or certificate of occupancy, the Applicant is responsible for the completion of all public improvements within the corresponding development phase.
67. Prior to City acceptance of all public streets, the Applicant shall have completed all building and construction activities related to each construction phase. Street capping shall be performed after the last Certificate of Occupancy is released.
68. Prior to bond release, punch list work for improvements and capping of streets for each construction phase shall be completed and approved for acceptance by the City Engineer.
FIRE DEPARTMENT:
69. Fire Hydrants and Fire Flow: The water system shall be capable of delivering the required fire flow. Prior to PP ( plot plan) approval, information shall be provided to the Office of the Fire Marshal regarding the building' s occupancy type, construction type, building area, and whether the buildings will be protected with fire sprinklers.
70. Fire Department Access: Access roads shall extend to within 150 feet of all portions of the exterior building walls and shall have an unobstructed width of not less than 24 feet.
Fire access driveways with a dead- end exceeding 150 feet in length shall be provided with an approved space to turn around the fire apparatus. The access roads shall be capable of sustaining 60, 000 lbs. over two axles and 75, 000 Ibs over three axles in allweather conditions. Approved vehicle access, either permanent or temporary, shall be provided during construction. CFC 503. 1. 1, 3310. 1 and 503.2. 1 15 1596
PLANNING COMMISSION RESOLUTION NO. 2841
71. Requests for installation of traffic calming designs/ devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC 503. 4. 1.
72. Phased Construction Access: If construction is phased, each phase shall provide approved access for fire protection prior to any construction.
73. Fire Sprinkler System: All new commercial structures 3, 600 square feet or larger shall be protected with a fire sprinkler system. Ref CFC 903. 2 as amended by the City of Palm Desert.
74. Residential Fire Sprinklers: Residential fire sprinklers are required in all one and twofamily dwellings per the California Residential Code ( CRC). Plans must be submitted to the Office of the Fire Marshal for review and approval prior to installation. Ref. CRC 313. 2.
75. Knox Box and Gate Access: Buildings shall be provided with a Knox Box installed in an accessible location approved by the Office of the Fire Marshal. Manual gates shall be equipped with approved Knox equipment. Electric gates shall be provided with Knox key switches. Electric gate operators shall also be connected to a remote signal receiver compatible for use with the preemption devices on the Riverside County fire apparatus.
The gate shall automatically open upon receiving a remote signal from the fire apparatus.
Ref. CFC 506. 1.
76. Addressing: All residential dwellings and commercial buildings shall display street numbers in a prominent location on the street side of the premises and additional locations as required. Ref. CFC 505. 1 and County of Riverside Office of the Fire Marshal Standard # 07- 01.
77. The proposed Project may have a cumulative adverse impact on the Fire Department' s ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increased presence of structures, r u es, traffic, and population. The Protect proponents/ developers will be expected to provide for a proportional mitigation of these impacts via capital improvements and/or impact fees.
16 1597
PLANNING COMMISSION RESOLUTION NO. 2841
EXHIBIT B
APPROVED PAD ELEVATIONS FOR LOTS 1- 46
Lot Approved Pad Elevation
Number NAVD 88)
1 294. 4
2 294. 2
3 293. 9
4 293. 7
5 293. 4
6 294. 0
7 293. 8
8 293. 6
9 294. 1
10 294. 3
11 294. 5
12 294. 8
13 295. 0
14 295. 3
15 295. 5
16 295. 8
17 296. 0
18 296. 2
19 296. 5
20 297. 0
21 297. 2
22 297. 5
23 297. 7
24 297. 9
17 1598
PLANNING COMMISSION RESOLUTION NO. 2841
5 298. 2
26 298. 4
27 298. 7
28 298. 9
29 299. 1
30 299. 3
31 299. 7
32 299. 9
33 300. 1
34 300. 4
35 300. 6
36 300. 8
37 301. 1
38 301. 5
39 301. 8
40 302. 0
41 302. 3
42 302. 5
43 302. 7
44 303. 0
45 303. 2
46 304. 0
END OF CONDITIONS OF APPROVAL
18 1599
1600
1601
1602
1603
1604
1605
1606
1607
1608
1609
1610
1611
1612
1613
1614
1615
LOT "E"
1,234 SF
0.03 AC.
NO
PARKING NO
PARKING
NO
PARKING
NO
PARKING
NO
PARKING
COMPACT CARCOMPACT CAR COMPACT CARCOMPACT CAR COMPACT CARCOMPACT CARCOMPACT CARCOMPACT CAR COMPACT CAR
GERALD FORD DRIVE
STREET "E"
STREET "D"
STREET "C"
STREET "B"
333
STREET "A"
1 N 89°54'53" E 274.39'
N 00°03'36" E 353.99'
N 89°56'24" W 539.40'
N 89°55'16" E 505.02'
N 00°03'39" E 1729.62'
N 00°03'36" E
81.78'
50'
2 33'
N 00°01'09" W 3332.57'
30'
20' 20' 10' 20'
12'
STREET "B"
60'
72'
CONDOMINIUM
B
E
A A
EX. PROJECT BOUNDARY
& LOT LINE
EX. PROJECT BOUNDARY
& LOT LINE
EX. PROJECT BOUNDARY& LOT LINE
PROP. R/W (TYP.)
PROP. C/L (TYP.)
PROP. CURB (TYP.)
PROP. CONDOMINIUM
BOUNDARY & LOT LINE
PROP. RAISED MEDIAN
JULIE LANE
76'
PROP. R/W PER
TTM 37993
E
85 86 87 88 89 90 91 92
98 97 96 95 94 93
99 100 101 102 103 104
135 134 133 132 131 130 129 128 127 126 125 124 123 122 121 120 119 118 105 106 107 108 109 110 111 112 113 114 115 116 117
138 139 140 141 142 143 144 145 146 147 148 149
136 137
150 168
84 167
1 2
3 4
5 72
73 74
75 76
77 78
79 80
81 82
83 STREET "F"
STREET "G"
4,934 SF
4,937 SF
4,940 SF
4,943 SF
4,946 SF
4,949 SF
4,952 SF
4,955 SF
5,905 SF
6,507 SF
8,696 SF
4,650 SF
4,650 SF
5,596 SF
6,652 SF
5,085 SF
5,583 SF
4,996 SF
6,789 SF
10,511 SF 8,208 SF
6,577 SF 5,759 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 4,698 SF 4,683 SF 4,992 SF 5,780 SF 7,612 SF 4,535 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 4,581 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 4,067 SF 4,536 SF 4,535 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 5,357 SF
4,535 SF 3,901 SF 3,901 SF 3,901 SF 3,901 SF 5,357 SF
4,727 SF 4,375 SF 4,375 SF 4,376 SF 4,377 SF 4,377 SF 4,378 SF 4,932 SF 10' 36' 10'
56'
622,131 SF
14.28 AC.
10' 36' 10'
56'
R
=
30 .0'
R
=
30 .0'
R = 300.0'
R = 150.0'
R = 20 .0'
R = 290.0' 10' 36' 10' 56'
10' 36' 10'
56'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
41' 21' 68'
56'
83'
55'
103'
20'
144'
106'
46' 20' 103'
95'
51' 106'
93'93'
95'
51'
93'
50'
93'
50'
93'
50'
93'
50'
50'
93'
60'
101'
61' 93'
60'
121'
63' 101'
60'
156'
70' 121'
72'
20' 13' 156'
93'
99'
93'
93'
54'54'
100'
99'
73'
66'
614'
540'
536'
492'
52'
93'
50'
93'
50'
50'
93'
60'
61'
96'
62'
41' 46'
93'
93'
53'
94'
53'
63'
95'
63'
63'
116'
67' 63'
155'
93'
60'
93'
60'
53'
93'
53'
53'
93'
53'
53'
93'
53'
53'
93'
53'
53'
93'
53'
53'
93'
53'
53'
93'
53'
47'
93'
47'
93'
47'
93'
47'
93'
47'
93'
47'
93'
52'
78'
21' 37'
93'
56'
68'
21' 41'
83'
47'
47'
83'
47'
47'
83'
47'
47'
83'
47'
47'
83'
51' 21' 68'
83'
47'
83'
47'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
41' 21' 68'
56'
83'
52'
83'
21' 83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
56'
68'
21' 41'
83'
83'
49'
79'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
47'
83'
42'
2'
7 '
50'
68'
50' 50'
176'
50' 50' 50' 50' 50' 50' 50' 51'
66'
1'
R=48'
R=48'
LOT "C"
79,693 SF
1.83 AC.
LOT "C"
LOT "A"
47,240 SF
1.08 AC.
LOT "A"
LOT "B"
88,701 SF
2.04 AC.
LOT "A"
R
LOT "H" 2,851 SF / 0.07 AC.
D
D
D
D
10'
B
8' 44' 8'
C 80' C
10' 24' 24' 10'
12'
10'
24'
24'
C
10'
C
PROP. 24' TEMPORARY ACCESS EASEMENT
24'
24'
LOT "D"
1,088 SF
0.02 AC.
47'
47'
93'
47'
47'
93'
47'
47'
93'
53'
53'
93'
51' 21'
66'
68'
536'
82'
646'
R = 64'
GERALD FORD DRIVE
SHEET 2
SHEET 1
NO
PARKING NOPARKING
NO
PARKING
NO
PARKING
NO
PARKING
COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR
SECTION C-C
STREET "C"
(PUBLIC ROAD)
N.T.S.
VARIES R/W
PROP.
R/W
PROP.
VARIES VARIES
10' 10'
CL
2% 2%
24' VARIES 24'
PROP. RAISED
MEDIAN
6' 6'
PROP. MOUNTABLE
BARRIER CURB
PROP. MOUNTABLE
BARRIER CURB
PROP. WEDGE
CURB & GUTTER
PROP.
SIDEWALK
A.C. PAVEMENT
OVER A.B
PROP. WEDGE
CURB & GUTTER
PROP.
SIDEWALK
NO
PARKING NOPARKING
NO
PARKING
NO
PARKING
NO
PARKING
COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR PH. 2
GERALD FORD DRIVE
PH. 1
SECTION B-B
STREET "B"
(PUBLIC ROAD)
N.T.S.
26'
72'
26'
R/W
PROP.
R/W
PROP.
36' 36'
10' 10'
CL
2% 2%
20' 12' 20'
PROP. RAISED
MEDIAN
6' 6'
PROP. BARRIER CURB PROP. BARRIER CURB PROP. CURB & GUTTER PROP. SIDEWALK
PROP. CURB & GUTTER
PROP. SIDEWALK
A.C. PAVEMENT
OVER A.B
SECTION D-D
PORTION OF STREET "B", & STREETS "D" THRU "R"
(PUBLIC ROAD)
N.T.S.
18'
56'
18'
R/W
PROP.
R/W
PROP.
28' 28'
10' 10'
CL
2% 2%
6' 6'
A.C. PAVEMENT
OVER A.B
PROP. WEDGE
CURB & GUTTER
PROP. SIDEWALK
PROP. WEDGE
CURB & GUTTER
PROP. SIDEWALK
SECTION E-E
PORTION OF JULIE LANE
(PUBLIC ROAD)
N.T.S.
26'
76'
26'
TTM 37993
PROP. R/W PER
TTM 37993
PROP. R/W PER
38' 38'
12' 12'
CL
2% 2%
20' 12' 20'
PROP. RAISED
MEDIAN
6' 6'
A.C. PAVEMENT
OVER A.B
PROP. BARRIER CURB PROP. BARRIER CURB
PROP. SIDEWALK
PROP. CURB & GUTTER
PROP. SIDEWALK
PROP. CURB & GUTTER
SECTION A-A
STREET "A"
(PUBLIC ROAD)
N.T.S.
22'
60'
22'
R/W
PROP.
R/W
PROP.
30' 30'
8' 8'
2% 2%
6' 6'
CL
A.C. PAVEMENT
OVER A.B
PROP. CURB & GUTTER
PROP. SIDEWALK
PROP. CURB & GUTTER
PROP. SIDEWALK
MSA CONSULTING ,INC.
Civil Engineering LandSurveying Landscape Architecture
Planning Environmental Services DryUtilityCoordination GIS 34200 Bob Hope Drive Rancho Mirage, CA 92270 | 760.320.9811 | MSAConsultinginc.com SHEET
SHEETS
2 OF
1 EAST
NORTH
SOUTH
WEST
CENTERLINE
EASEMENT
EXISTING
(E)
(N)
(S)
(W)
C/L
ESMT.
EX.
ABBREVIATIONS
AC ACREAGE
C&G CURB AND GUTTER
APN ASSESSORS PARCEL NUMBER
E/P EDGE OF PAVEMENT
A.C. ASPHALT CONCRETE
MIN. MINIMUM
MAX. MAXIMUM EXISTING IRRIGATION
EXISTING GAS
EXISTING EASEMENT
EXISTING ELECTRIC
EXISTING IRRIGATION DRAIN LINE
EXISTING CABLE
EXISTING CONTOURS
EXISTING SPOT ELEVATIONS
LEGEND
X
EXISTING EASEMENT DELTA
EXISTING LOT LINE
EXISTING TELEPHONE
BNDRY BOUNDARY
EXISTING EDGE OF PAVEMENT
M.B. MAP BOOK
NUMBER
PROPOSED
RIGHT OF WAY
TYPICAL
NO.
PROP.
R/W
TYP.
P.U.E. PUBLIC UTILITY EASEMENT
SF SQUARE FEET
R RADIUS
STD. STANDARD
P/L PROPERTY LINE
N.T.S. NOT TO SCALE
R-L LOW DENSITY (RESIDENTIAL)
UG UNDERGROUND
O/H OVERHEAD
OS/PP OPEN SPACE / PARKS
PG. PAGE
EXISTING OVERHEAD TELEPHONE
EXISTING SEWER
EXISTING RIGHT OF WAY
PROPOSED CURB
PROPOSED EASEMENT
EXISTING CITY / COUNTY LIMITS
EXISTING SEWER FORCE MAIN
EXISTING WATER
PROPOSED LOT LINE
PROPOSED RIGHT OF WAY
PROPOSED AND EXISTING CENTER LINE
TENTATIVE TRACT MAP BOUNDARY
TENTATIVE TRACT MAP NO. 38434
DATA TABLE
ASSESSOR'S PARCEL NUMBER: 694-310-002, 694-310-003 & 694-310-006 EXHIBIT DATE: AUGUST 25, 2023
SOURCE OF TOPOGRAPHY:
ADDRESS:
INLAND AERIAL SURVEYS, INC.
7117 ARLINGTON AVENUE, SUITE "A"
RIVERSIDE, CALIFORNIA 92503
DATE OF TOPOGRAPHY: OCTOBER 26, 2016 TELEPHONE: (951) 687-4252 PUBLIC UTILITY PURVEYORS:
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA GAS COMPANY
FRONTIER COMMUNICATIONS
COACHELLA VALLEY WATER DISTRICT
SPECTRUM
COACHELLA VALLEY WATER DISTRICT
UNDERGROUND SERVICE ALERT
EXISTING GROSS & NET ACREAGE 93.56 AC.
EXISTING ZONING:
PROPOSED ZONING:
EXISTING GENERAL PLAN LAND USE:
PROPOSED GENERAL PLAN LAND USE:
PLANNED RESIDENTIAL
PLANNED RESIDENTIAL
TOWN CENTER NEIGHBORHOOD
LAND USE DESCRIPTION: ACREAGE:
PROPOSED OPEN SPACE LOTS (LOTS "A" THRU "N") 11.91 AC.
PROPOSED CONDOMINIUM LOT (LOT 333) 14.28 AC.
1 EXISTING EASEMENT NOTES:
ZONE "X": AREA OF MINIMAL FLOOD HAZARD
AS SHOWN ON RIVERSIDE COUNTY, CALIFORNIA, FLOOD INSURANCE RATE MAPS, COMMUNITY PANEL MAP NUMBER 06065C1595G
FEMA FLOOD ZONE DESIGNATION:
EFFECTIVE DATE: AUGUST 28, 2008.
APPLICANT /
ADDRESS:
CONTACT:
1775 SKY PARK EAST, SUITE 101
IRVINE, CALIFORNIA 92614
MARC KLEIMAN
EXHIBIT PREPARER:
ADDRESS:
MSA CONSULTING, INC.
34200 BOB HOPE DRIVE
RANCHO MIRAGE, CALIFORNIA 92270
CONTACT: PAUL DEPALATIS, AICP TELEPHONE: (760) 320-9811
REVISIONS
NO. DATE
LIQUEFACTION: MODERATE LIQUEFACTION ZONE
NOTES: 1.
TOWN CENTER NEIGHBORHOOD
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LEGAL DESCRIPTION:
(760) 324-4991
(800) 427-2200
(800) 921-8101
(760) 398-2651
(877) 719-3278
(760) 398-2651
(800) 227-2600
DESCRIPTION
ELECTRIC:
GAS:
TELEPHONE:
WATER:
CABLE:
SEWER:
USA:
A PORTION OF THE EAST HALF OF SECTION 32, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN.
LAND OWNER:
THIS MAP INCLUDES THE ENTIRE CONTIGUOUS OWNERSHIP OF THE LAND DIVIDER.
2. THERE ARE NO EXISTING DWELLINGS, BUILDINGS, OR OTHER STRUCTURES KNOWN ON THIS PROPERTY.
REFUGE PALM DESERT, LLC
FOR ROADWAY AND PUBLIC UTILITY PURPOSES, PER DOCUMENT NO. 86352, REC. 10/15/1960, O.R. (PLOTTED HEREON)
AN EASEMENT UP TO 50' RESERVATION IN FAVOR OF THE UNITED STATES OF AMERICA, PROPOSED CLUBHOUSE LOT (LOT "O") 4.74 AC.
PROPOSED RESIDENTIAL LOTS (LOTS 1 THRU 332) 40.93 AC.
N.T.S.
VICINITY MAP BOB HOPE DRIVE GERALD
RAMON ROAD
FRANK
MONTEREY
PORTOLA
AVENUE
AVENUE
DINAH SHORE
COUNTRY CLUB DRIVE
INTERSTATE 10
CITY OF
RANCHO
COOK STREET
MIRAGE
CITY OF
PALM
DESERT
DRIVE
SINATRA DR.
FORD DRIVE
SITE
INDEX MAP
SCALE: 1" = 300'
2 FOR ROADWAY AND PUBLIC UTILITY PURPOSES, PER BK. 4811, PG. 137, REC. 05/06/1959, O.R. (PLOTTED HEREON)
AN EASEMENT UP TO 33' RESERVATION IN FAVOR OF THE UNITED STATES OF AMERICA, SHEET MATCHLINE - SEE SHEET NO. 2
PHASING MAP
SCALE: 1" = 350'
PROPOSED STREETS (STREETS "A" THRU "R") 21.70 AC.
3. ALL STREETS TO BE DEDICATED TO THE CITY FOR PUBLIC ACCESS AND UTILITY
INSTALLATION AND ALL LETTERED LOTS (A THROUGH O) TO BE RETAINED BY OWNERSHIP FOR STORM DRAIN AND LANDSCAPE PURPOSES WITH HOA MAINTENANCE RESPONSIBILITY.
R:\2636\Acad\Planning\Tentative Map\2636 TTM 38434.dwg, 8/25/2023 12:47:46 PM, dgallerani, MSA Consulting, Inc. 1616
STREET "O"
STREET "G"
STREET "G"
STREET "G"
STREET "J"
STREET "P"
LOT "G"
CLUBHOUSE
LOT "O"
WOODWARD DRIVE
N 00°01'09" W 3332.57'
N 00°02'47" E 1332.86'
N 89°53'06" E 1323.12'
EX. PROJECT BOUNDARY
& LOT LINE
EX. PROJECT BOUNDARY& LOT LINE
150 168
169
170
171
172
173
174
175
176
177
178
184
183
182
181
180
179
157
158
159
160
161
162
163
164
165
166
167
151
152
153
154
155
156
190 189
188
187
186
185
197
196
195
194
193 191 192
205 204 203
202
201
200
199
198
215
214
213
212
211
210
206 207 208 209
226 225 224 223 222 221 220 219
218 217
236 235
234
232 233 227 228 229 230 231
246 245 244 243 242 241 240 239 238 237
250 251 252 253 254 255 248 249
247
256 257 258 259 260
261
268 267 266 265 264 263 262
269
270
271 272 273 274
275
277 276
278
279
280
281
282
283
284
285
286
287
288
289 290 291
292
293
294
295
296
297
298
299 300
301
302
303
304
305 306
307
308
309
310
311
312 313 314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
332
331
330
2 3
4 5
8 7
6 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 45 44 43 42 41 40 39 38 37 36 35 34 33
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
216
STREET "Q"
STREET "L"
STREET "M" STREET "N"
STREET "H"
4,450 SF
8,696 SF
8,690 SF
6,913 SF
6,066 SF
5,922 SF
5,926 SF
5,648 SF
5,652 SF
5,655 SF
5,941 SF
5,945 SF
5,665 SF
5,667 SF
5,954 SF
6,056 SF
6,015 SF
5,983 SF
6,101 SF
5,970 SF
5,688 SF
5,691 SF
5,979 SF
5,982 SF
5,700 SF
5,703 SF
7,263 SF
10,362 SF
13,634 SF
8,423 SF 6,373 SF 5,699 SF 5,692 SF 5,684 SF 5,677 SF 5,670 SF 6,134 SF 6,120 SF 5,642 SF 5,635 SF 5,627 SF 5,896 SF 7,789 SF 9,882 SF
9,830 SF
7,740 SF
5,851 SF
5,605 SF
5,604 SF
5,883 SF
5,882 SF
5,601 SF
5,599 SF
5,919 SF
6,265 SF
6,413 SF
5,882 SF
5,592 SF
5,591 SF
5,590 SF
5,868 SF
5,587 SF
5,586 SF
5,864 SF
6,356 SF
7,901 SF
4,369 SF
4,642 SF
4,567 SF
4,811 SF
4,650 SF
4,650 SF
5,596 SF
6,151 SF 5,497 SF
5,115 SF
6,572 SF
4,692 SF
4,650 SF
4,650 SF
4,650 SF
5,433 SF
5,607 SF
6,935 SF
7,207 SF
5,804 SF
5,580 SF
5,580 SF
5,580 SF
5,580 SF
6,045 SF
6,285 SF 6,513 SF 6,762 SF
5,614 SF
5,580 SF
5,580 SF
6,328 SF
7,054 SF
6,960 SF 7,137 SF
5,651 SF
5,254 SF
5,202 SF
5,110 SF
5,110 SF 5,622 SF
5,770 SF
5,244 SF
5,264 SF
5,123 SF
5,279 SF
5,279 SF
5,839 SF
4,306 SF 4,150 SF 4,535 SF
4,402 SF
4,669 SF
4,832 SF
4,588 SF
5,881 SF
4,316 SF
3,901 SF
3,901 SF
3,961 SF
4,172 SF 4,172 SF 4,019 SF 4,536 SF
5,468 SF
5,186 SF 4,806 SF 5,487 SF 5,632 SF
5,091 SF
5,401 SF
5,147 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 5,572 SF 9,449 SF 5,115 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF
9,449 SF
4,650 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 5,115 SF 4,650 SF 5,229 SF 5,572 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 4,650 SF 5,467 SF 4,650 SF 4,723 SF 4,866 SF 5,055 SF 5,376 SF 5,649 SF 5,744 SF 5,082 SF 5,411 SF
3,901 SF
3,901 SF
3,901 SF 3,957 SF 4,042 SF 4,042 SF 3,901 SF 3,942 SF 4,042 SF 4,535 SF 4,203 SF 3,901 SF 3,955 SF 4,166 SF
4,290 SF
4,514 SF
4,885 SF
5,058 SF
5,313 SF
6,077 SF
5,770 SF
5,206 SF
5,110 SF
5,110 SF
5,110 SF
5,110 SF 5,268 SF 4,838 SF
5,421 SF 4,892 SF 5,244 SF
5,244 SF
4,989 SF
5,110 SF
5,622 SF
6,068 SF
5,789 SF
6,242 SF
7,363 SF
6,412 SF 6,398 SF
10,326 SF
8,571 SF
8,174 SF
7,895 SF
7,581 SF
7,253 SF
5,085 SF
5,155 SF
5,155 SF
5,155 SF
5,155 SF
5,155 SF
5,259 SF
4,650 SF
4,650 SF
5,563 SF
6,378 SF
7,025 SF
6,799 SF
7,080 SF
6,872 SF
6,584 SF
6,397 SF
6,595 SF
5,828 SF
5,771 SF
4,650 SF
4,650 SF
4,953 SF
5,062 SF
5,062 SF
5,062 SF
5,569 SF
4,996 SF
6,789 SF
10'
10'
36' 10'
56'
10' 36' 10'
56'
10' 36' 10'
56'
R = 150.0' R = 300.0' R = 150.0' R = 300.0' R = 300.0' R = 300.0' = 300.0' R = 30 .0' R = 1010.0' R = 510.0' R = 400.0' R = 400.0' R = 285.0' R = 400.0' R = 400.0' R = 300.0' R = 200.0' 0' R = 450.0' R = 20 .0' R = 290.0' 10' 36' 10'
56'
10' 36' 10'
56'
20'
13'
64'
77'
58'
52'
68' 21' 37'
60'
76'
67'
55'
21' 78'
70'
5 7' 121'
88'
21'
5 5' 93'
78'
56'
83'
41'
21' 68'
93'
76'
60'
93'
45'
21' 78'
41'
21'
83'
56'
68'
93'
55' 93'
93'
50' 93'
93'
93'
48' 93'
93'
48' 93'
55'
93'
93'
76'
49'
99'
106' 60'
100' 60'
60' 94' 65'
65' 94'
43' 118' 121'
107' 51'
97'
53' 107'
61'
93'
50' 97'
93'
50' 93'
93'
5 0' 93'
93'
55' 93'
18' 96'
6 5' 94'
72' 59' 105'
79'
58' 95'
60' 93'
60'
60'
93'
60'
60'
93'
61' 93'
41' 32'
124' 55'
99'
65'
93'
65'
93'
51'
99'
50'
93' 60'
93'
60'
93'
50'
93'
50'
93' 60'
93'
60'
93'
50'
93'
50'
93' 60'
93'
60'
93'
50'
93'
50'
93'
60'
93'
60'
93'
63'
96'
59'
65'
93' 50' 96' 62'
107'
21' 98'
93'
22' 78'
101'
14'
97'
60' 116'
63' 101'
60' 108'
62' 116'
58' 103'
77'
108'
58' 103'
78' 21'
68'
98'
45'
21' 88'
49' 101'
97'
93' 50'
50' 93' 50'
50' 93'
93'
50' 93' 50' 93'
93'
50' 93' 5 ' 93'
78' 21'
93'
46' 21' 125'
58'
131' 48' 93'
93' 50'
50' 93'
57' 131'
88'
113'
50' 93'
50' 93' 48' 93'
59' 113'110'
49' 93'
93'
49' 93'
106'
59' 110'
93'
49' 93'
93'
49' 93'
102'
59' 106'
93'
49' 93'
99'
59' 102'
93' 93'
93'
54'54'
100'
99'
73'
49' 93'
93'
49' 93' 64' 93'
93'
93'
93' 49' 93'
93'
48' 93'
93'
5 3' 93' 104' 45' 83'
48'
90'
46' 96' 57'
88'
46' 56'
86'
84'
53'
83'
47'
83'
47'
47'
83'
48'
4 6' 83'
46' 84'
88' 46' 93' 46' 56'
101' 46' 96'
47'
93'
41' 18' 99'
93'
53' 93'
93'
93'
50' 93'
93'
50' 93'
93'
50' 50' 93'
49'
93'
54'
93'
17'
41' 83'
49' 91'
55'
94'
44' 21' 93'
47'
83'
47' 83'
50'
110'
52' 94'
47'
83'
47' 83'
50'
116'
110'
47'
83'
47' 83'
50'
107'
52' 116'
47'
83'
48' 83'
5 0' 100'
55'
107'
4 7' 83'
83'
5 0' 96'
54'
100'
4 7' 83'
83'
5 0' 93'
54'
96'
4 7' 83'
83'
49'
93'
52'
93'
47'
83'
48'
83'
50'
93'
50'
93'
47'
83'
47'
83'
60'
78' 21'
45'
93'
41'
21' 68'
56'
83'
49'
94'
54'
93'
5 0' 99'
58'
94'
49' 108'
58'
99'
50'
107'
50'
95'
52'
55'
93' 20'
4 5' 95'
52'
83'
52'
83'
47'
47'
83'
47'
47'
83'
47'
49'
83'
47' 83'
4 7' 83'
46'
50'
83'
58'
93'
55'
105'
50'
93'
50'
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50'
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46'
21' 78'
58'
93'
55'
93'
55'
93'
50'
93'
50'
93'93'
50'
93'
50'
93'
50'
93'
50'
93'
50'
93'
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132' 55' 93'
55'
50'
93'
50'
50'
93'
50'
50'
93'
50'
50'
93'
50'
132'
93'
46'
21'
58'
78'
50'
50'
93'
50'
50'
93'
50'
50'
93'
50'
50'
93'
50'
50'
93'
55'
98'
55'
93'
54' 117'
143'
59' 94'
96'
117'
94'
66'
60'
94'
60'
94'
60'
94'
60'
94'
60'
94'
60'
94'
65'
94'
65'
94'
116'
54' 142'
94'
59' 116'
96'
93'
60'
94'
65'
93'
60'
93'
60'
93'
60'
93'
60'
93'
63'
93'
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93'
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93'
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93'
60'
93'
60'
93'
60'
93'
60'
96'
63'
95'
63'
99'
93'
75'
63'
93'
63'
60'
93'
60'
60'
93'
60'
63'
93'
63'
60'
93'
60'
60'
93'
60'
60'
93'
60'
63'
94'
63'
101'
65' 25'
99'
64' 99'
67'
101'
49'
82'
47' 94'
48' 101'
42'
10'
78'
50' 94'
52' 86'
10'
45' 93' 50'
50' 93' 50'
50' 93'
61' 96'
41' 46'
55'
93' 55'
51' 93'
93'
21'
65'
94'
65'
94'
60'
95'
60'
94'
60'
95'
60'
95'
60'
95'
60'
95'
60'
95'
60'
95'
60'
95'
60'
98'
95'
74'
59' 110'
21'
81'
98'
53' 159'
61'
78'
145' 59' 107'
114'
159'
95'
89'
95'
60'60'
95'
60'
95'
60'
95'
63'
95'
63'
95'
63'
95'
63'
95'
60'
95'
60'
95'
60'
95'
60'
95'
63'
95'
63'
101'
63'
95'
63'
95'
60'
101'
100'
60'
95'
63'
94'
63'63'
94'
60'
94'
60'
94'
60'
94'
60'
94'
63'
94'
63'
94'
63'
94'
63'
94'
60'
94'
60'
94'
60'
94'
60'
94'
60'
94'
63'
94'
63'
94'
63'
94'
63'
116'
63'
155'
63'
121'
63'
101'
66' 63'
94'
63' 68' 5
6' 78' 60' 59' 65' 53' 72' 7 ' 99' 63' 65' 176 17 ' 6'
50' 50' 50' 50' 50' 50'
98'
60' 60'
60'
59' 62' 62' 63' 74' 52' 68' 45' 66' 85' 86' 87' 65' 62' 62' 62' 61' 62' 62' 51' 72' 67'91' 88' 54' 54' R=61' R=61' R=61' R=48' R=48' R=48' R=48' R=48' R=48 R ' =48' 51' 51' 51' 51' 65' 59' 59' 59' 51' 69' 77' 59' 69' 72' 71' 57' 65' 49' 59' 60' 66' 81' 64' 64' 61' 50' 62' 58' 60' 60' 60' 60' 72' 54' 54' 55' 56' 62' 71' 50' 68' 206,538 SF
4.74 AC.
LOT "L"
52,150 SF
1.20 AC.
LOT "I"
2,752 SF
0.06 AC.
LOT "J"
2,905 SF
0.07 AC.
LOT "M"
2,767 SF
0.06 AC.
LOT "O"
22,474 SF
0.52 AC.
LOT "F"
4,227 SF
0.10 AC.
LOT "K"
210,048 SF
4.82 AC.
LOT "K"
LOT "K"
R = 61' R = 48' 71' 64' 65' 5
6' 83' 46' 64' 75' 84' 75' 66' 60' 53' 57' 60' 60'50' 65' 46' 46' 70' 56' 51' 8 1' 50' 60'60' LOT "H" 2,851 SF / 0.07 AC.
LOT "N"
1,939 SF
0.04 AC. R =
61' R = 61' R = 61' D
D
D
DD
DD
10' 36' 10'
56'
DD
10' 36' 10'
56' STREET "R"
10' 36' 10' 56'
10'
36'
10'
56'
10' C
STRE T "J"
STREET "I"
STRE T "H" STREET "K"
GERALD FORD DRIVE
SHEET 2
SHEET 1
NO
PARKING NOPARKING
NO PARKING
NO
PARKING
NO
PARKING
COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR COMPACT CAR MSA CONSULTING ,INC. Civil Engineering LandSurveying Landscape Architecture Planning Environmental Services DryUtilityCoordination GIS 34200 Bob Hope Drive Rancho Mirage, CA 92270 | 760.320.9811 | MSAConsultinginc.com SHEET
SHEETS 2
OF 2
EAST
NORTH
SOUTH
WEST
CENTERLINE
EASEMENT
EXISTING
(E)
(N)
(S)
(W)
C/L
ESMT.
EX.
ABBREVIATIONS
AC ACREAGE
C&G CURB AND GUTTER
APN ASSESSORS PARCEL NUMBER
E/P EDGE OF PAVEMENT
A.C. ASPHALT CONCRETE
MIN. MINIMUM
MAX. MAXIMUM EXISTING IRRIGATION
EXISTING GAS
EXISTING EASEMENT
EXISTING ELECTRIC
EXISTING IRRIGATION DRAIN LINE
EXISTING CABLE
EXISTING CONTOURS
EXISTING SPOT ELEVATIONS
LEGEND
X
EXISTING EASEMENT DELTA
EXISTING LOT LINE
EXISTING TELEPHONE
BNDRY BOUNDARY
EXISTING EDGE OF PAVEMENT
M.B. MAP BOOK
NUMBER
PROPOSED
RIGHT OF WAY
TYPICAL
NO.
PROP.
R/W
TYP.
P.U.E. PUBLIC UTILITY EASEMENT
SF SQUARE FEET R RADIUS
STD. STANDARD
P/L PROPERTY LINE
N.T.S. NOT TO SCALE
R-L LOW DENSITY (RESIDENTIAL)
UG UNDERGROUND
O/H OVERHEAD
OS/PP OPEN SPACE / PARKS
PG. PAGE
EXISTING OVERHEAD TELEPHONE
EXISTING SEWER
EXISTING RIGHT OF WAY
PROPOSED CURB
PROPOSED EASEMENT
EXISTING CITY / COUNTY LIMITS
EXISTING SEWER FORCE MAIN
EXISTING WATER
PROPOSED LOT LINE
PROPOSED RIGHT OF WAY
PROPOSED AND EXISTING CENTER LINE
TENTATIVE TRACT MAP BOUNDARY
TENTATIVE TRACT MAP NO. 38434
EXHIBIT DATE: AUGUST 25, 2023
REVISIONS
NO. DATE
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
DESCRIPTION
N.T.S.
VICINITY MAP BOB HOPE DRIVE GERALD
RAMON ROAD
FRANK
MONTEREY
PORTOLA
AVENUE
AVENUE
DINAH SHORE
COUNTRY CLUB DRIVE INTERSTATE 10
CITY OF
RANCHO
COOK STREET
MIRAGE
CITY OF
PALM
DESERT
DRIVE
SINATRA DR.
FORD DRIVE
SITE
INDEX MAP
SCALE: 1" = 300'
SHEET MATCHLINE - SEE SHEET NO. 1
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April 11, 2023
in the City of Palm Desert
MSA JOB #2636
ENGINEER'S OPINION OF PROBABLE COSTS FOR
North of Frank Sinatra Drive
Tract Map No. 38434-1
Project Location:
Prepared for:
Pulte Home Company, LLC
27401 Los Altos, Suite 400
Mission Viejo CA 92691
DEL WEBB EXPLORE AT PALM DESERT STREET AND STORM DRAIN
IMPROVEMENTS