§ 94.08

• A. Development Agreements.

  1. Authority for Adoption.

These regulations are adopted under the authority of Government Code Sections 65864 through 65869.5.

2. Forms and Information.

   • a. The Director or their authorized representative (director) shall prescribe the form of each application, notice and documents provided for or required under these regulations for the preparation and implementation of development agreements.

   • b. The director may require an applicant to submit such information and supporting data as the director considers necessary to process the application.

• Fees.

The city council shall by separate resolution fix the schedule of fees and charges imposed for the filing and processing of each application and document provided for or required under these regulations.

4. Applicant and Other Parties.

   • a. Applicant.

Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. Applicant includes an authorized agent. The director may require an applicant to submit proof of his interest in the real property of the authority of an agent to act for the applicant.

• b. Other Parties.

In addition to the city of Palm Springs and the property owners, any federal, state or local governmental agency or body and any other private party may be included as a party to any development agreement.

5. Proposed Terms of Agreement.

Each application shall identify all the proposed parties and shall include the general terms and conditions proposed by the applicant to be contained in the development agreement.

6. Review of Application.

The director shall endorse on the application the date it is received. He shall review the application and may reject it if it is incomplete or inaccurate for processing. If he finds that the application is complete, he shall accept it for filing.

7. Contents of Development Agreement.

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City of Palm Springs, CA § 94.08.00

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A development agreement shall specify the duration of the agreement, the proposed uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions; provided that, such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.

Public Hearing.

A public hearing on an application for a development agreement shall be held by the planning commission and by the city council.

9. Notice.

The director shall give notice of intention to consider adoption of development agreement and of any other public hearing required by law or these rules.

• a. Form of Notice.

The form of the notice of intention to consider adoption of development agreement shall contain:

• i. The time and place of the hearing;

• ii. A general explanation of the matter to be considered, including a general description of the area affected; and

• iii. Other information required by specific provisions of these regulations or which the director considers necessary or desirable.

• b. Time and Manner of Notice.

  • i. Publication or Posting.

The notice shall be published at least once in a newspaper of general circulation, published and circulated in the city of Palm Springs, or if there is none, posting in at least three public places in the city of Palm Springs.

• ii. The notice shall be mailed to all persons shown on the last equalized assessment roll as owning real property within 400 feet of the property which is the subject of the proposed development agreement. If the number of owners to whom notice is to be mailed is greater than 1,000, the director may as an alternative provide notice in the manner set forth in Section 65854.5(b) of the Government Code.

• c.

• Declaration of Existing Law.

The notice requirements referred to in subsections (A)(9)(a) and (A)(9)(b) of this section, are declaratory of existing law (Government Code Section 65867 and Sections 65854, 65854.5 and 65856 as incorporated by reference). If state

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law prescribes a different notice requirement, notice shall be given in that manner.

• d. Failure to Receive Notice.

The failure of any person entitled to notice required by law or these regulations to receive notice does not affect the authority of the city of Palm Springs to enter into a development agreement.

10. Rules Governing Conduct of Hearing.

The public hearing shall be conducted in accordance with the procedure for the conduct of zoning hearings as set forth in Section 94.09.00. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement. The public hearing may be held concurrently with the public hearing for consideration of any other approval.

11. Irregularity in Proceedings.

No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by any court by reason of any error, irregularity, informality, neglect or omission ("error") as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever, unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury resulted if error is shown.

12. Determination by Planning Commission.

• a. Purpose and Use.

The planning commission may approve use of a development agreement as a method of implementing any discretionary approval of the planning commission including:

• i. Rezoning;

• ii. Issuance of a conditional use permit;

• iii. Conditions imposed upon approval of a permit after discretionary review;

• iv. Conditions imposed in connection with the adoption of any specific plan;

• v. Conditions imposed in any planned development district; and/or

• vi. Site-specific conditions imposed in any other district; and/or

• vii. Mitigation measures imposed upon a project after approval of an environmental impact report in which such mitigation measures have been proposed as a mechanism for eliminating or reducing environmental

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impacts.

• b. Recommendations to City Council.

After the hearing by the planning commission, the planning commission shall make its recommendation in writing to the city council. The recommendation shall include the planning commission's determination whether or not the development agreement proposed:

• i. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

• ii. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

• iii. Is in conformity with public convenience, general welfare and good land use practice;

• iv. Will be detrimental to the health, safety and general welfare;

• v. Will adversely affect the orderly development of property or the preservation of property values.

13. Decision by City Council.

• a. Action by City Council.

After the city council completes its public hearing, it may approve or disapprove the recommendation of the planning commission. The city council shall refer matters not previously considered by the planning commission during its hearing and any proposed modifications to the development agreement back to the planning commission for report and recommendation. The planning commission may, but need not, hold a public hearing on matters referred back to it by the city council.

• b. Consideration With General and Specific Plans.

The city council may not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.

• c. Approval of Development Agreement.

If the city council approves the development agreement, it shall do so by the adoption of an ordinance. After the ordinance approving the development agreement takes effect, the city council may enter into the agreement.

14. Amendment and Cancellation of Agreement by Mutual Consent.

The procedure for proposing and adoption of an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance.

15. Recordation of Development Agreement, Amendment or Cancellation.

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• a. Within 10 days after the city council enters into the development agreement, the city clerk shall have the agreement recorded with the county recorder.

• b. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65868, or if the city council terminates or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall have notice of such action recorded with the county recorder.

16. Periodic Review.

• a. Time for and Initiation of Review.

The director shall review compliance by the property owner under the development agreement every 12 months from the date the agreement is entered into.

• b. Public Hearing.

If the director finds substantial evidence that the property owner under the development agreement has not complied in good faith with the terms and conditions of the development agreement, the director shall request that the planning commission conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the development agreement. The burden of proof of compliance by the property owner is upon the property owner.

• c. Findings Upon Public Hearing.

The planning commission shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the development agreement.

17. Procedure Upon Findings.

• a. Finding of Compliance.

If the director after his review or the planning commission after a hearing determines that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.

• b. Finding of Failure of Compliance.

If the director after his review and the planning commission after hearing determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the planning commission may modify or terminate the agreement. The property owner may appeal such determination to the city council pursuant to Chapter 2.05 of the Palm Springs Municipal Code.

18. Proceedings Upon Modification or Termination for Noncompliance.

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§ 94.08.05

If, upon a finding under subsection (A)(16)(b) of this section, the planning commission determines to proceed with modification or termination of the agreement, the director shall give notice to the property owner of its intention so to do. The notice shall contain:

• i. The time and place of hearing;

• ii. A statement as to whether or not the planning commission proposes to terminate or to modify the development agreement;

• iii. Other information which the director considers necessary to inform the property owner of the nature of the proceeding.

19. Hearing on Modification or Termination for Noncompliance.

At the time and place set for the hearing on modification or termination, the property owner shall be given the opportunity to be heard. The planning commission may impose those conditions to the action it takes as it considers necessary to protect the interests of the city. The decision of the planning commission may be appealed to the city council pursuant to Chapter 2.05 of the Palm Springs Municipal Code. (Ord. 1294, 1988; Ord. 1829 § 3, 2013; Ord. 2031 § 85, 2020)

• A. Shadowrock Development Agreement.

  1. Purpose.

The purpose of this section is to establish a development agreement to guide the orderly development and improvement of that portion of the city which is located approximately 1.5 miles west of Highway 111 on Tramway Road in Sections 5, 6 and 8 of Township 4 south, Range 4 east of the USGS 7.5' Palm Springs as legally described on Exhibit "A" attached to the ordinance codified in this section and incorporated herein by reference. Portions of said property are designated as part of the urban reserve zone and part is designated as part of the open land zone. Hereafter the property shall be designated "Development Agreement No. 1" or "DA1" which shall be an overlay designation incorporating the restrictions of the "Shadowrock Development Agreement." The preparation and adoption of the development agreement is authorized by California Government Code Sections 65864 through 65869.5. The Shadowrock Development Agreement provides for ultimate development of a destination resort project consistent with the general plan objectives, policies and programs which project is composed of: (a) an 18 hole championship golf course, clubhouse and driving range; (b) 135 single-family and luxury estate homes; (c) 10 luxury bungalows; (d) 200 luxury condominiums; and (e) a 60 unit hotel building and spa/fitness/tennis facility. The Shadowrock Development Agreement also approved two alternative development scenarios as to the hotel and tennis facility phase: (i) alternative 1 being a 490 unit hotel, and (ii) alternative 2 being 211 single-family and luxury estate homes.

2. Adoption of Shadowrock Development Agreement.

There is adopted the Shadowrock Development Agreement, the text of which is set

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forth in the document entitled "Development Agreement—the City of Palm Springs and Shadowrock Development" included with the ordinance codified in this section. The provisions of this section shall apply to all property described on Exhibit "A" as depicted on Exhibit "A"-1 attached to the ordinance codified in this section and incorporated herein by reference.

3. Property Development and Other Standards.

All property subject to the Shadowrock Development Agreement shall be maintained in accordance with all policies, requirements, regulations and provisions set forth in the Shadowrock Development Agreement. The developer's performance of its obligations under the Shadowrock Development Agreement shall be subject to annual review as provided therein.

• (Ord. 1462, 1994)

• A. Canyon Development Agreement.

  1. Purpose.

The purpose of this section is to establish a development agreement to guide the orderly development and improvement of that portion of the city which is generally located on South Palm Canyon Drive between Murray Canyon Drive and the southerly boundary of the city of Palm Springs as legally described in the development agreement. Portions of the property are designated as part of the L2, PR, M15 and H30 land use designations in the general plan, as applicable. Hereafter the property shall also be designated "Development Agreement No. 2" or "DA2" which shall be an overlay designation incorporating the restrictions of the "Canyon Development Agreement." The preparation and adoption of a development agreement is authorized by California Government Code Sections 65864 through 65869.5. The Canyon Development Agreement replaces within such property the usual development standards otherwise applicable to the property. The Canyon Development Agreement provides for ultimate development of a destination resort project consistent with the general plan objectives, policies and programs of the city which project is to be located on that certain property described in the development agreement.

2. Adoption of Canyon Development Agreement.

There is adopted the Canyon Development Agreement, the text of which is set forth in the document entitled "Development Agreement - the City of Palm Springs and Canyon Development" included with the ordinance which codified this section, which agreement is incorporated in this section by reference. The provisions of this section shall apply to all property described on Exhibit "A" as depicted on Exhibit "A"-1 attached to the development agreement and incorporated herein by reference.

3. Property Development and Other Standards.

All property which is subject to the Canyon Development Agreement shall be maintained in accordance with all policies, requirements, regulations and provisions set forth in the Canyon Development Agreement. The developer's performance of

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its obligations under the Canyon Development Agreement shall be subject to annual review as provided therein.

• (Ord. 1466, 1994)

• A. Noble Development Agreement.

  1. Purpose.

The purpose of this section is to establish development agreement to guide the orderly development and improvement of that portion of the city as legally described on Exhibit "A" attached to the ordinance codified in this section and incorporated herein by reference. Portions of said property are designated as part of the energy industrial (E-I), manufacturing (M-2), open land (0-5) and watercourse (W) zones. Hereafter the property shall also be designated "Development Agreement No. "3" or "DA3" which shall be an overlay designation incorporating the restrictions of the "Noble Development Agreement." The preparation and adoption of a development agreement is authorized by California Government Code Sections 65865 through 65869.5. The Noble Development Agreement provides for the continuity of existing development standards for a period of 15 years. The Noble Development Agreement provides for ultimate development provides for ultimate development.

2. Adoption of Noble Development Agreement.

There is adopted the Noble Development Agreement, the text of which is set forth in the document entitled "Development Agreement between the City of Palm Springs and Palm Energies Properties, a California General Partnership; Riverview Ventures, Inc., a California corporation; Frederick W. Noble as Trustee for the Noble Family Trust; Frederick W. Noble, an individual; San Gorgonio Wind Association IV, a California Limited Partnership; Frederick W. Noble, Inc., a California corporation; San Gorgonio Wind Association V, a California Limited Partnership; and N&S, a California Joint Venture" included with the ordinance which codified this section, which agreement is incorporated in this section by reference. The provisions of this section shall apply to all property described on Exhibit "A" as depicted on Exhibit "A"-1 attached to the development agreement and incorporated herein by reference.

3. Property Development and Other Standards.

All property which is subject to the Noble Development Agreement shall be maintained in accordance with all policies, requirements, regulations and provisions set forth in the Noble Development Agreement. The developer's performance of its obligations under the Noble Development Agreement shall be subject to annual review as provided therein.

• (Ord. 1471, 1994)

• A. Star Canyon Development Agreement.

  1. Purpose.

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• The purpose of this section is to establish a development agreement to guide the orderly development and improvement of that portion of the city which is located on the west side of South Palm Canyon Drive between the Tahquitz Creek Channel and Mesquite Avenue in Sections 22 and 23 of Township 4, Range 4, Palm Springs as legally described on Exhibit "A" of the development agreement, attached to the ordinance codified in this section and incorporated herein by reference. Portions of said property are designated as part of the RC and H43/21 land use designations in the general plan, as applicable. Hereafter, the property shall also be designated "Development Agreement No. 4" or "DA4" which shall be an overlay designation incorporating the restrictions of the "Star Canyon Development Agreement". The preparation and adoption of a development agreement is authorized by California Government Code Sections 65864 through 65869.5. The Star Canyon Development Agreement facilitates the collection of a Financial Impact Mitigation Fee, as described in Exhibit "B" of the development agreement, from the project in order to offset a portion of transient occupancy tax lost due to the conversion of the project to a time share development. The Star Canyon Development Agreement provides for ultimate development of a 255-unit timeshare project consistent with the general plan objectives, policies, and programs of the city which project is to be located on that certain property described in the development agreement.

2. Adoption of Star Canyon Development Agreement. There is adopted the Star Canyon Development Agreement, the text of which is set forth in the document entitled "Development Agreement - the City of Palm Springs and Fairfield Resorts Inc." included with the ordinance which codified this section, which agreement is incorporated in this section by reference. The provisions of this section shall apply to all property described on Exhibit "A" attached to the development agreement and incorporated herein by reference.

3. Property Development and Other Standards. All property which is subject to the Star Canyon Development Agreement shall be maintained in accordance with all policies, requirements, regulations, and provisions set forth in the Star Canyon Development Agreement. The developer's performance of its obligations under the Star Canyon Development Agreement shall be subject to annual review as provided therein.

• (Ord. 1643, 2004)

• A. Serena Park Project Development Agreement.

  1. Purpose. The purpose of this section is to establish a development agreement to guide the orderly development and improvement of that portion of the city previously developed as the Palm Springs Country Club golf course, which is located north of Verona Road, east of Sunrise Way, and southwest of the Whitewater River Wash, in Section 36, Township 3 South, Range 4 East, and in Section 1, Township 4 South, Range 4 East, San Bernardino Base and Meridian, in the City of Palm Springs as legally described on Exhibit "A" of the Development Agreement, attached to the Ordinance codified in this section and incorporated herein by reference. The property is designated Very Low Density Residential (VLDR) land use designation in the general plan, as applicable. Hereafter, the property shall also be designated "Development Agreement No. 5" or "DA5" which shall be an overlay designation incorporating the restrictions of the "Serena Park Project Development Agreement".

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The Serena Park Project Development Agreement replaces within said property the usual development standards otherwise applicable to the property. The Serena Park Project Development Agreement provides for ultimate development of a residential project consisting of 92 attached single-family units on minimum 5,000 square foot lots, 214 detached single-family units on minimum 5,000 square foot lots, and 60 detached single family units on minimum 8,000 square foot lots, and is consistent with the general plan objectives, policies, and programs of the City.

2. Adoption of Serena Park Project Development Agreement. There is adopted the Serena Park Project Development Agreement, the text of which is set forth in the document entitled "Development Agreement by and between City of Palm Springs and PS Country Club, LLC, a California limited liability company, for Serena Park Project, Case No. 5.1327, PDD-366, TTM36691," included with the ordinance which codified this section, which agreement is incorporated in this section by reference. The provisions of this section shall apply to all property described on Exhibit "A" attached to the Development Agreement and incorporated herein by reference.

3. Property Development and Other Standards. All property which is subject to the Serena Park Project Development Agreement shall be maintained in accordance with all policies, requirements, regulations, and provisions set forth in the Serena Park Project Development Agreement. The developer's performance of its obligations under the Serena Park Project Development Agreement shall be subject to annual review as provided therein.

4. Amendment to Development Agreement. In 2024, the city council approved a first amendment to the first amended and restated development agreement, which included modifying the performance schedule; increasing the amount due and revising the payment schedule of the development agreement fee; memorializing property maintenance and security obligations; and the city’s cooperation in forming a community facilities district (or similar) to assist with financing of infrastructure and development impact fees, as set forth more specifically in the executed first amendment to the first amended and restated development agreement on file with the city clerk.

• (Ord. 1931 § 7. 2017; Ord. 2097, 7/9/2024)

• A. DTPS 8-3, LLC Development Agreement.

  1. Purpose. The purpose of this section is to establish a development agreement to guide the orderly development and improvement of that portion of the city previously developed as the Desert Fashion Plaza and now identified as Block B of the Downtown Palm Springs Specific Plan, which is located north of Museum Way, south of Andreas Road, east of Belardo Road and west of Palm Canyon Drive, in the Northeast One-Quarter of Section 15, Township 4 South, Range 4 East, San Bernardino Base and Meridian, the City of Palm Springs as legally described as Exhibit "A" of the development agreement, attached to the ordinance codified in this section and incorporated herein by reference. The property is designated as part of the Downtown Palm Springs Specific Plan which allows for a mix of approved land uses including Commercial, Retail, High Density Residential, Open Space/Public Space and Resort development generally consistent with the Central Business District

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§ 94.09.00

("CBD") land use designation in the general plan, as applicable. Hereafter, the property shall also be designated as "Development Agreement No. 6" or "DA6" which shall be an overlay designation incorporating the restrictions of the "DTPS B-3, LLC Development Agreement." The DTPS B-3, LLC Development Agreement provides for ultimate development of a new six-story, 73,300-square foot mixed-use building of up to 60-feet in height with 45 residential condominiums and ground floor retail space, and is consistent with the general plan and specific plan objectives, policies and programs of the city.

2. Adoption of DTPS B-3, LLC Development Agreement. There is adopted the DTPS B-3, LLC Development Agreement, the text of which is set forth in the document entitled "Development Agreement by and between City of Palm Springs and DTPS B-3, LLC, a California limited liability company," included with the ordinance which codified this section, which agreement is incorporated in this section by reference. The provisions of this section shall apply to all property described on Exhibit "A" attached to the development agreement and incorporated herein by reference.

3. Property Development and Other Standards. All property which is subject to the DTPS B-3, LLC Development Agreement shall be maintained in accordance with all policies, requirements, regulations, and provisions set forth in the DTPS B-3, LLC Development Agreement. The developer's performance of its obligations under the DTPS B-3, LLC Development Agreement shall be subject to annual review as provided therein.

• (Ord. 2095, 3/28/2024)