HomeMy WebLinkAboutZOA 02-83 DEVELOPMENT AGREEMENTS 1983 I State Jof Talifmmtt
GOVERNOR'S OFFICE
OFFICE OF PLANNING AND RESEARCH
1400 TENTH STREET
SACRAMENTO 95814
G EORGE DEUKJIAN mW�gI V ID
GOVERNORVERNOR iiIIJJ��
MAR 3 1 1986
COMMUNITY SERVICES DEPARTMENT
CITY OF PALM DESERT
March 1986
TO: Recipients of the 1986 Planning, Zoning and Development Caws
The attached pages contain code sections that were inadvertently omitted
from the 1986 Planning, Zoning and Development Eaws. Please insert these
pages within the text where indicated.
California Government Code Sections 65101 and 65106, insert on page 40
after Sections 65100 and 65105.
California Government Code Section 66474.01, insert on page 236 after
Section 66474.
California Business & Professions Code Section 5405.5, insert on page 360
after Section 5405.3.
Thank you.
65101. (a) The legislative body may create
one or more planning commissions each of which
shall report directly to the legislative body.
*** The legislative body shall specify the
membership of the commission or commissions. In
any event, each planning commission shall consist
of at least five members, all of whom shall act
in the public interest. If it creates more than
one planning commission, the legislative body
shall prescribe the issues, responsibilities, or
geographic jurisdiction assigned to each
commission. If a development project affects the
jurisdiction of more than one planning
commission, the legislative body shall designate
the commission which shall hear the entire
development project.
(b) Two or more legislative bodies may:
(1) Create a joint area planning agency,
planning commission, or advisory agency for all
or prescribed portions of their cities or
counties which shall exercise those powers and
perform those duties under this title that the
legislative bodies delegate to it.
(2) Authorize their planning agencies, or any
components of than, to meet jointly to coordinate
their work, conduct studies, develop plans, hold
hearings, or jointly exercise any power or
perform any duty common to them.
(Amended by Stats. 1985, (h. 617.)
Public officials to 65106. Upon request all public officials shall
furnish planning furnish to the planning agency within a
agency with available reasonable time any available information as may
information be required for the work of the planning agency.
(Added by Stats. 1985, Ch. 617.)
40A
it
66474.01. Notwithstanding subdivision (e) of
Tentative map Section 66474, a local government may approve a
approval with tentative map, or a parcel map for which.a tenta-
EIR and finding tive map was not required, if an environmental
impact report was prepared with respect to the
project and a finding was made pursuant to sub-
division (c) of Section 21081 of the Public
Resources Code that specific economic, social, or
other considerations make infeasible the mitiga-
tion measures or project alternatives identified
in the environmental impact report.
(Added by Stats. 1985, Ch. 738.)
236A
Y
5405.5 In addition to those displays permitted
Farm produce pursuant to Section 5405, displays erected and
direct sale displays maintained -pursuant to regulations• of the
director , which will not be in violation of
Section 131 of Title 23 of the United States
Code, and which identify the location of a farm
produce outlet where farmers sell directly to the
public only those farm or ranch products they
have produced themselves , may be placed or
maintained within 660 feet from the edge of the
right-of-way so that the copy of the display is
visible from a highway.
The advertising displays shall indicate the
location of the farm products but not the price
of any product and shall not be larger than 150
square feet.
(Added by Stats. 1985, Ch. 465.)
360A
PLANNING COMMISSION RESOLUTION NO. -'If-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING APPROVAL TO THE CITY COUNCIL
OF AN AMENDMENT TO THE ZONING ORDINANCE
TEXT;, CREATING CHAPTER 25.37—DEVELOPMENT
AGREEMENTS.
CASE NO. ZOA 02-83
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 15th day of March, 1983, hold a duly noticed public hearing to consider an amendment
to the zoning ordinance text creating Chapter 25.37 - Development Agreements.
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the director of environmental services has determined that
the amendment is not a "project" as defined by CEQA.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said planning commission did find
the following facts and reasons to exist to recommend approval of a zoning ordinance text
amendment:
1. That the Zoning Ordinance Amendment is consistent with the objectives of
the zoning ordinance.
2. That the Zoning Ordinance Amendment is consistent with the adopted
General Plan.
3. That the Zoning Ordinance Amendment would better serve the public health,
safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, as follows:
1. That the above recitations are true and correct and constitute the
considerations of the commission in this case.
2. That it does hereby recommend a Zoning Ordinance Text Amendment, as
provided in the attached exhibit, labeled Exhibit "A".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 15th day of March, 1983, by the following vote, to wit:
AYES:
NOES:
\ ABSENT:
ABSTAIN:
RALPH B. WOOD, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
Ar
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "A"
CHAPTER 25.37
Development Agreements
SECTIONS:
25.37.010 Purpose
25.37.020 Eligibility
25.37.030 Contents
25.37.040 Public Hearing and Notice
25.37.050 Consistency
25.37.060 Rules, Regulations and Official Policies
25.37.070 Periodic Review
25.37.080 Amendment or Cancellation
25.37.090 Recording of Agreement
25.37.100 Modification or Suspension to Comply with State or Federal Laws
25.37.010 Purpose. The purpose of this chapter is to provide the city with greater
control and flexibility in the evaluation of pro ects by tailoring development standards to
the unique features of a particular site linking them with specific development
proposals and performance criteria.
25.37.020 Eligibility. Persons or organizations entering into development
agreement with the city must have a legal or equity interest property. Project proposals
in the following zones are eligible for participation in the development agreement process
if they meet the specified findings:
A. 25.25 Hillside planned residential. On parcels larger than 50 acres a
development agreement may be approved which allows uses not listed under 25.25.020 if
the site is found to be uniquely buited as to location, topography, exposure and access to
the proposed uses and the overall design is consistent with the intent and purpose of the '
HPR zone.
25.37.030 Contents. A development agreement shall specify or contain the
following:
A. Duration of agreement.
B. Permitted uses.
C. Maximum height and size of building.
D. A general site plan showing arrangement of uses, circulation and required
dedication.
E. A timetable for the completion of various project phases or other features
of the agreement.
F. Other conditions, terms, restrictions and requirements for subsequent
discretionary actions.
25.37.040 Public hearing and notice. A public hearing on an application for a
development agreement shall be held by the planning commission and city council. Notice
of intention to consider adoption of a development agreement shall be given as provided in
Chapter 25.86.
25.37.050 Form and consistency. A development agreement shall be approved by
ordinance and shall be consistent with general and specific plans. With a majority vote of
city council, the agreement may be made subject to a referendum.
25.37.060 Rules, regulations and official policies. Unless otherwise provided by
the development agreement, rules, regulations and official policies governing uses of the
land, density, design, . improvement and construction standards and specifications,
applicable to development of the property subject to the agreement, shall be those rules
regulations and official policies in force at the time of the execution of the agreement. A
development agreement shall not prevent the city from subsequent actions applicable to
the property from applying new rules which do not conflict with those contained within
the agreement, nor shall a development agreement prevent the city from denying or
-2-
PLANNING COMMISSION RESOLUTION NO.
conditionally approving any subsequent development application on the basis of such
existing or new rules, regulations and policies.
25.37.070 Periodic review. The planning commission shall review a development
agreement every 6 months, at which time the applicant or his successor shall be required
to demonstrate good faith compliance-wi h the terms of the agreement. If as a result of
this review, the commission finds and determines, on the basis of substantial evidence,
that the applicant has not complied in good faith with terms or conditions of the
agreement, it shall recommend to the city council that the agreement be modified or
terminated. If the city council concurs with the planning commission recommendation,
the agreement shall be modified or terminated. Proceedings before the city council shall
be a noticed public hearing per Chapter 25.86.
25.37.080 Amendment or cancellation. In addition to provisions of Section
25.37.060, a development agreement may be amended or canceled in whole or in part by
mutual consent of the parties to the agreement or their successors. Procedure shall be as
described in Sections 25.37.040 and 27.37.050.
25.37.090 Recording of agreement. No later than 10 days after the city enters
into a development agreement, the city clerk shall record with the county recorder a copy
of the agreement, which shall describe the land subject thereto. From and after the time
of such recordation, the agreement shall impart such notice thereof to all persons as is
afforded by the recording laws of this state. The burdens of the agreement shall be
binding upon, and the benefits of the agreement shall inure to, all successors in interest to
the parties to the agreement.
25 37 100 Modification or suspension to comply with state or federal laws or
regulations. In the event that state or federal laws or regulations, enacted after a
development agreement has been entered into, prevent or preclude compliance with one
or more provisions of the development agreement, such provisions of the agreement shall
be modified or suspended as may be necessary to comply with such state or federal laws
or regulations.
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CITY OF PALM DESERT
DEPARTMENT OF ENVIRONMENTAL SERVICES
STAFF REPORT
TO: Planning Commission
DATE: March 15, 1983 _
CASE NO: ZOA 02-93
PROPOSED AMENDMENT:
Creation of Chapter 25.37 setting forth procedures and requirements
for development agreements.
INITIATED BY:
CITY OF PALM DESERT
I. BACKGROUND: f"
As part of their report to the city council, the second Hillside Development
Subcommittee recommended that a separate mechanism be created to review large
projects. The committee felt that certain unforseen uses might be uniquely suited
to a particular site.
The mechanism provided by state law to review and possibly approve these
proposals is the development agreement. A development agreement is a contract
between the city and a property owner which grants vested rights in specified
features of project in exchange for adherence to a strict set of performance
standards.
The agreement must be reviewed and approved by planning commission and city
council at public hearings. A majority vote of the city council can make the
agreement babject to a referendum. Once approved it will be reviewed by the
planning commission every 6 months. Any violation of the terms of the agreement ,
can lead to cancellation.
As presently written the ordinance will only apply to the Hillside Planned
Residential District for projects larger than 50 acres.
II. RECOMMENDATION:
Staff recommends adoption of Planning Commission Resolution No. ,
recommending to the city council approval of Case No. ZOA 02-83, creating
Chapter 25.37 - Development Agreements.
A Resolution of the Planning Commission of the City of Palm Desert,
California, recommending approval to the City Council of an amendment to
the Zoning Ordinance Text, creating Chapter 25.37 - Development
Agreements.
III. ATTACHMENTS:
A. Draft Resolution
B. Government Code Section 65864 - 65869.5
C. Legal Notice �Q
Prepared by
T
Reviewed and Approved by ,
Ar
_1_
February 24, 1983
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 02-83
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
Planning Commission to consider a zoning ordinance amendment creating Chapter 25.37 -
Development Agreements and setting forth procedures and requirements for execution of
development agreements between the city and property owners (not subject of CEQA).
SAID public hearing will be held on March 15, 1983, at 2:00 P.M., in the council chambers
at the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at
which time and place all interested persons are invited to attend and be heard.
RAMON A. DIAZ, Secretary
Palm Desert Planning Commission
PUBLISH: Palm Desert Post
March 4, 1983
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finds that the provisions of the agreement are consistent with the
( general plan and any applicable specific plan.
- (Added by Stats. 1979, Ch. 934.)
6586& A development agreement may be amended, or canceled Amendment
in whole or in part, by mutual consent of the parties to the
agreement or their successors in interest. Notice of intention to
amend or cancel any portion of the agreement shall be given in
the manner provided by Section 65867. An amendment to an
agreement shall be subject to the provision of Section 65867.5.
(Added by Stats. 1979, Ch. 934.)
6586&5. No later than 10 days after a city, county, or city and Recordation
county enters into a development agreement, the clerk of- the
legislative body shall record with the county recorder a copy of
the agreement, which shall describe the land subject thereto. From
and after the time of such recordation, the agreement shall impart
such notice thereof to all persons as is afforded by the recording
laws of this state. The burdens of the agreement shall be binding
upon, and the benefits of the agreement shall inure to, all successors
in interest to the parties to the agreement.
(Added by Stats. 1979, Ch. 934.)
65969. A development agreement shall not be applicable to any Exemption
development project located in an area for which a local coastal
program is required to be prepared and certified pursuant to the
requirements of Division 20 (commencing with Section 30000) of
the Public Resources Code, unless:
(1) the required local coastal program has been certi-
fied as required by such provisions prior to the
date on which the development agreement is en-
tered into, or
(2) in the event that the required local coastal program '
has not been certified, the California Coastal Com-
mission approves such development; agreement by
formal commission action.
(Added by Stats. 1979, Ch. 934.)
65869.5. In the event that state or federal laws or regulations, Modification/aMension
enacted after a development agreement has been entered into,
prevent or preclude-compliance with one or more provisions of the
development agreement, such provisions of the'agreement shall be
modified or suspended as may be necessary to comply with such
state or federal laws or regulations.
(Added by Stats. 1979, Ch. 934.)
Article 3. Administration
65900. The legislative body of a city or county may, by or- Zoning administrator
dinance, create and establish either a board of zoning adjustment,
or the office of zoning administrator or both. It may also, by
ordinance, create and establish a board of appeals. Members of a
board of zoning adjustment and members of a board of appeals
may receive compensation for their attendance at each meeting of
their respective boards in a sum to be fixed by the legislative body
by which they are appointed. In addition, they may also receive
73
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1
not complied in good faith with terms or conditions of the agree-
ment, the local agency may terminate or modify the agreement.
(Added by Stats. 1979, Ch. 934.)
Contents 65965.2. A development agreement shall specify the duration of
the agreement, the permitted 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 larld 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.
(Added by Stats. 1979, Ch. 934.)
Enforceability 65863.4. Unless amended or canceled pursuant to Section 65868,
a development agreement shall be enforceable by any party thereto
notwithstanding any change in any. applicable general or specific
plan, zoning, subdivision, or building regulation adopted by the city,
county, or city and county entering such agreement, which alters
or amends the rules, regulations or policies specified in Section
65866.
(Added by Stats. 1979, Ch. 934.)
Effect on new 65866. Unless otherwise provided by the development agree-
regulation ment, rules, regulations, and official policies governing permitted
uses of the land, governing density, and governing design, improve-
ment, and construction standards and specifications, applicable to
development of the property subject to a development agreement,
shall be those rules, regulations, and official policies in force at
the time of execution of the agreement. A development agreement
shall not prevent a city, county, or city and county, in subsequent
actions applicable to the property, from applying new rules, regula-
tions, and policies which do not conflict with those rules, regulations,
and policies applicable to the property as set forth herein, nor shall
a development agreement prevent a city, county, or city and county
from denying-or conditionally approving any subsequent development
project application on the basis of such existing or new rules,
regulations, and policies.
(Added by Stats. 1979, Ch. 934.)
Hearings 65867. A public hearing on an application for a development
agreement shall be held by the advisory agency and by the legislative
body. Notice of intention to consider adoption of a development
agreement shall be given as provided in Sections 65854, 65954.5,
and 65856 in addition to such other notice as may be required by
law for other actions to be considered concurrently with the
development agreement.
(Added by Stats. 1979, Ch. 934.)
Scope of review/ 65867.5. A development agreement is a legislative act which shall
consistency with be approved by ordinance and is subject to referendum. A develop-
plans ment agreement shall not be approved unless the legislative body
72
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the conversion upon the displaced residents of the mobile home park
to be converted. in determining the impact of the conversion an
displaced mobilehome park residents, the report shall address the
availability of adequate replacement space in mabilehome parks.
The person proposing such change in use shall make a copy
of the report available to each resident of the mabilehome park
at lest 15 days prior to the hearing on the impact report by the
advisory agency, or if there is no advisory agency, by the legislative
Thr legislative body, or its delegated advisory agency, shall
review such report, prior to any, .change of use, and may require,
as a condition of such I e, the person or entity to take steps
to mitigate any adverse impact of the conversion on the ability of r
displaced mabilehome park residents to find adequate space in a
mobilehome park.
This section establishes a minimum standard for local regula-
tion of conversions of mabilehome paria into other uses and shall
not prevent a local agency from enacting more stringent measures-
(Added by Stats. 1980, Ch. 879.)
Article 2.5. Development Agreements
6586k The Legislature finds and declares that: Legislative- findings
(a) The lack of certainty in the approval of devel-
opment projects can result in a waste of resources,
escalate the cost of housing and other development
to the consumer, and discourage investment in and
commitment to comprehensive planning which
would make maximum efficient utilization of re-
sources at the least economic cost to the public.
(b) Assurance to the applicant for a development pro-
ject that upon approval of the project, the applicant
may proceed with the project in accordance with
existing policies, rules and regulations, and subject
to conditions of approval, will strengthen the public
planning process, encourage private participation
in comprehensive planning, and reduce the econo-
mic costs of development.
(Added by Stats. 1979, Ch. 934.)
65865. Any city, county;or city and county, may enter into a Authority to enter
development agreement with any person having a legal or equitable agreement
interest in real property for the development of such property as
provided in this article. Every city, county, or city and county,
may, by resolution or ordinance, establish procedures and require-
ments for the consideration of`development agreements upon appli-
cation by, or on behalf of, the property owner or other person
having a legal or equitable interest in the property.
(Added by Stats. 1979, Ch. 934.)
65865.1. Procedures established pursuant to Section 65865' shall Demonstration of
include provisions requiring periodic review at least every 12 months, good faith com-
at which time the applicant, or successor in interest thereto, shall pliance
be required to demonstrate good faith compliance with the terms
of the agreement. If, as a result of such periodic review, the
local agency finds and determines, on the basis of substantial
evidence, that the applicant or successor in interest thereto has
71
45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260
TELEPHONE (714) 346-0611
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: June 8, 1983
One Quail Place
P.O. Box 6000-33
Palm Desert, CA 92261
Re: GPA 01-8CZOA,05-83)C/Z 02-83, PP 07-83
The Planning Commission of the City of Palm Desert has considered your request and
taken the following action at its meeting of June 7, 1983.
APPROVED BY PLANNING COMMISSION RESOLUTIONS 862, 863, 864, & 865
Any appeal of the above action may be made in writing to the director of environmental
services, City of Palm Desert, within fifteen (15) days of the date of the decision.
RAN40N A. DI AZ, SECA ?RY
PLANNING COMMISSION
RAD/lcr
CC., File
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PLANNING COMMISSION RESOLUTION NO. 862
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL APPROVAL
OF AN AMENDMENT TO THE GENERAL PLAN LAND
USE ELEMENT CREATING THE AFFORDABLE HIGH
DENSITY 15-25 D.U./ACRE DESIGNATION AND
ASSIGNING THE DESIGNATION TO THE AREA BETWEEN
FRED WARING DRIVE AND PARKVIEW DRIVE, EAST OF
THE PALM VALLEY STORM CHANNEL AND APPROVING
A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AS IT PERTAINS THERETO.
CASE NO. GPA 01-83
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of June, 1983, hold a duly noticed public hearing to consider a request by ONE
QUAIL PLACE for an amendment to the Palm Desert General Plan Land Use Element
creating the affordable high density 15-25 d.u./acre land use designation and assigning the
area between Parkview Drive and Fred Waring Drive, east of the Palm Valley Storm
Channel with that designation; and
WHEREAS, said application has complied with requirements of the "City of Palm
Desert Procedures to Implement the California Environmental Quality Act, Resolution
No. 80-89", in that the director of environmental services had determined the project will
not have a significant impact on the environment and a Negative Declaration has been
prepared; and
WHEREAS, at said public hearing, upon hearing and considering the testimony and
arguments of all persons desiring to be heard, said planning commission did find the
following facts and reasons to exist to recommend that the land use element be amended:
1. The proposed amendments provided a defined land use designation for the
implementation of the policies contained within the housing element.
2. The area designated is well suited to the assigned affordable high density
land use.
3. The amendment will facilitate the production of housing affordable by a
broader segment of the community.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, as follows:
1. That the above recitations are true and correct and constitute the findings
of the commission in this case.
2. That it does hereby recommend approval to the City Council that GPA 01-
83 be adopted as described in Exhibits "A" and "B" for reasons set out in the
staff report and this resolution.
3. That a Negative Declaration of Environmental Impact is hereby
recommended for approval.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 7th day of June, 1983, by the following vote, to wit:
AYES: CRITES, DOWNS, WOOD
NOES: KRYDER, RICHARDS
ABSENT: NONE
ABSTAIN: NONE
RALPH B. WOOD, Chairman
ATTEST:
P
c,K
A ON A. DIAZ, Se retary
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PLANNING COMMISSION RESOLUTION NO. 862
EXHIBIT "A"
GPA O1-83
Amend Page III, A-18 of Land Use Element:
B. Residential Neighborhoods: Residential uses within the city and sphere of
influence are incorporated into a series of neighborhoods with densities ranging
from an average of 1 to 25 units per acre. Development within each density range
indicated below may exceed the density for each range if a development of
sufficient lesser density is provided to bring the overall density into the range.
Refer to Figure 2 for more definitive locations of the various densities throughout
the planning area.
The various neighborhood structures are indicated as follows:
High Density Neighborhoods are designated immediately adjacent to the
commercial area, the College of the Desert and major streets. These
neighborhoods would be developed at densities ranging from 7-25 units per acre.
Development within the high density neighborhoods could consist of a mixture of
apartments, condominiums and convertional detached housing developed under
specific development plans.
Projects within these neighborhoods will be classified into "market" and
"affordable". Market projects will generally be eligible for densities in the 7-15
unit per acre range. Affordable projects, those which provide at least 20% of their
units affordable by low income households may apply for an affordable high density
designation (AHD) which will allow densities in the upper 15-25 d.u./acre range.
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PLANNING COMMISSION P"OLUTION NO. 862
r EXHIBIT "B"
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PLANNING COMMISSION RESOLUTION NO. 863
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING APPROVAL TO THE CITY COUNCIL
OF AN AMENDMENT TO THE ZONING ORDINANCE
TEXT, CREATING SECTION 25.055 AND CHAPTER 25.37
RELATING TO THE ESTABLISHMENT OF A HIGH
DENSITY DESIGNATION FOR PROJECTS WHICH
INCLUDE LOW INCOME HOUSING; AND APPROVAL OF
A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AS IT PERTAINS THERETO.
CASE NO. ZOA 05-83
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of June, 1983, hold a duly noticed public hearing to consider a zoning
ordinance amendment creating Section 25.24.055 and Chapter 25.37 relating to the
establishment of a high density designation for projects which include low income housing;
and approval of a Negative Declaration of Environmental Impact as it pertains thereto.
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the director of environmental services has determined that
the project will not have a significant impact on the environment and a Negative
Declaration has been prepared.
WHEREAS, at said public hearing upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said planning commission did find
the following facts and reasons to exist to recommend approval of a zoning ordinance text
amendment:
1. That the zoning ordinance amendment is consistent with the objectives of
the zoning ordinance.
2. That the zoning ordinance amendment is consistent with the adopted general
plan.
3. That the zoning ordinance amendment would better serve the public health,
safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, as follows:
1. That the above recitations are true and correct and constitute the
considerations of the commission in this case.
2. That it does hereby recommend a zoning ordinance text amendment, as
provided in the attached exhibit, labeled Exhibit "A".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 7th day of June, 1983, by the following vote, to wit:
AYES: CRITES, DOWNS, WOOD
NOES: KRYDER, RICHARDS
ABSENT: NONE
ABSTAIN: NONE r
RALPH B. WOOD, Chairman
ATTEST:
R MON A. DIAZ,>6cretary
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PLANNING COMMISSION RESOLUTION NO. 863
EXHIBIT "A"
ZOA 05-83
Amend Section 25.25 by adding:
25.25.055 Maximum density for "affordable projects". For projects containing at
least 20% units affordable to low income households as defined by the Riverside County
Housing Authority, a maximum density of 25 dwelling units per acre may be allowed by
precise plan. To be eligible for this program, the developer must enter into a
development agreement per Section 25.37 which will tie the zoning designation and the
precise plan approval to affordable housing performance standards.
/lr
PLANNING COMMISSION RESOLUTION NO. 863
EXHIBIT "B"
Chapter 25.37
Development Agreements
SECTIONS:
25.37.010 Purpose
25.37.020 Eligibility
25.37.030 Contents
25.37.040 Public Hearing and Notice
25.37.050 Consistency
25.37.060 Rules, Regulations and Official Policies
25.37.070 Periodic Review
25.37.080 Amendment or Cancellation
25.37.090 Recording of Agreement
25.37.100 Modification or Suspension to Comply with State or Federal Laws
25.37.010 Purpose. The purpose of this chapter is to provide the city with greater
control and flexibility in the evaluation of projects by tailoring development standards to
the unique features of a particular site and linking them with specific development
proposals and performance criteria.
25.37.020 Eligibility. Persons or organizations entering into development
agreement with the city must have a legal or equity interest property. Project proposals
in the following zones are eligible for participation in the development agreement process
if they meet the specified findings.
A. Affordable high density planned residential. Projects receiving the AHDPR
designation require a development agreement to specify the condition under
which the high density is to be granted.
25.37.030 Contents. A development agreement shall specify or contain the
following:
A. Duration of agreement.
B. Permitted uses.
C. Maximum height and size of building.
D. A general site plan showing arrangement of uses, circulation and required
dedication.
E. A timetable for the completion of various project phases or other features
of the agreement.
F. Other conditions, terms, restrictions and requirements for subsequent
discretionary actions.
25.37.040 Public hearing and notice. A public hearing on an application for a
development agreement shall be held by the planning commission and city council. Notice
of intention to consider adoption of a development agreement shall be given as provided in
Chapter 25.86.
25.37.050 Form and consistency. A development agreement shall be approved by
ordinance and shall be consistent with general and specific plans. With a majority vote of
city council, the agreement may be made subject to a referendum.
25.37.060 Rules, regulations and official policies. Unless otherwise provided by
a the development agreement, rules, regulations and official policies governing uses of the
land, density, design, improvement and construction standards and specifications,
applicable to development of the property subject to the agreement, shall be those rules
regulations and official policies in force at the time of the execution of the agreement. A
development agreement shall not prevent the city from subsequent actions applicable to
the property from applying new rules which do not conflict with those contained within
the agreement, nor shall a development agreement prevent the city from denying or
conditionally approving any subsequent development application on the basis of such
existing or new rules, regulations and policies.
25.37.070 Periodic review. The planning commission shall review a development
agreement every 6 months, at which time the applicant or his successor shall be required
to demonstrate good faith compliance with the terms of the agreement. If as a result of
this review, the commission finds and determines, on the basis of substantial evidence,
that the applicant has not complied in good faith with terms or conditions of the
agreement, it shall recommend to the city council that the agreement be modified or
terminated. If the city council concurs with the planning commission recommendation,
the agreement shall be modified or terminated. Proceedings before the city council shall
be a noticed public hearing per Chapter 25.86.
25.37.080 Amendment or cancellation. In addition to provisions of Section
25.37.060, a development agreement may be amended or canceled in whole or in part by
mutual consent of the parties to the agreement or their successors. Procedure shall be as
described in Sections 25.37.040 and 27.37.050.
25.37.090 Recording of agreement. No later than 10 days after the city enters
into a development agreement, the city clerk shall record with the county recorder a copy
of the agreement, which shall describe the land subject thereto. From and after the time
of such recordation, the agreement shall impart such notice thereof to all persons as is
afforded by the recording laws of this state. The burdens of the agreement shall be
binding upon, and the benefits of the agreement shall inure to, all successors in interest to
the parties to the agreement.
25.37.100 Modification or suspension to comply with state or federal laws or
regulations. In the event that state or federal laws or regulations, enacted after a
development agreement has been entered into, prevent or preclude compliance with one
or more provisions of the development agreement, such provisions of the agreement shall
be modified or suspended as may be necessary to comply with such state or federal laws
or regulations. '
Ar
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PLANNING COMMISSION RESOLUTION NO. 864
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL APPROVAL
OF A CHANGE OF ZONE FROM R-2 (6) S.P. TO AHDPR-
22 S.P. FOR 17.85 ACRES LOCATED BETWEEN FRED
WARING DRIVE AND PARKVIEW DRIVE, EAST OF THE
PALM VALLEY STORM CHANNEL AND A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AS IT
PERTAINS THERETO.
CASE NO. C/Z 02-83
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of June, 1983, hold a duly noticed public hearing to consider a request by ONE
QUAIL PLACE for a change of zone from R-2 (6) S.P. to AHDPR - 22 S.P. for 17.5 acres
located between Fred Waring Drive and Parkview Drive east of the Palm Valley Storm
Channel and a Negative Declaration of Environmental Impact as it pertains thereto.
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,
Resolution No. 80-89", in that the director of environmental services has determined that
the project will not have a negative impact on the environment and a Negative
Declaration has been prepared.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said planning commission
did find the following facts to justify their actions, as described below:
1. The land use resulting from the change of zone would be compatible with
adjacent proposed land uses.
2. The density resulting from the change of zone would be compatible with
densities permitted in the adjacent areas.
3. The proposed change of zone would be compatible with the adopted Palm
Desert General Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, as follows:
1. That the above recitations are true and correct and constitute the findings
of the commission in these cases;
2. That the Planning Commission does hereby recommend to the City Council
approval of a change of zone from R-2 (6) S.P. to AHDPR - 22 S.P. as shown
on Exhibit "A", attached.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 7th day of June, 1983, by the following vote, to wit:
AYES: CRITES, DOWNS, WOOD
NOES: KRYDER, RICHARDS
ABSENT: NONE
ABSTAIN: NONE
RALPH B. WOOD, Chairman
ATTEST:
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AMON A. DIAZ, S cretary
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PLANNING COMMISSION RESOLUTION NO. 864
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PLANNING COMMISSION RESOLUTION NO. 865
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A PRECISE PLAN OF DESIGN TO ALLOW THE
CONSTRUCTION OF 384 APARTMENT UNITS ON 17.85
ACRES LOCATED BETWEEN FRED WARING DRIVE AND
PARKVIEW DRIVE EAST OF THE PALM VALLEY STORM
CHANNEL AND A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO.
CASE NO. PP 07-83
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of June, 1983, hold a duly noticed public hearing to consider the request of
ONE QUAIL PLACE for approval of a precise plan of design to allow construction of 384
apartment units on 17.85 acres located between Fred Waring Drive and Parkview Drive
east of Palm Valley Storm Channel.
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-8911, in that the director of environmental services has determined that
the project will not have a significant impact on the environment and Negative
Declaration has been prepared.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, of all interested persons desiring to be heard, said commission did find the
following facts and reasons to exist to justify the granting of said precise plan of design:
1. The design of the precise plan will not substantially depreciate property
values in the vicinity.
2. The precise plan will not unreasonably interfere with the use or enjoyment
of property in the vicinity by the occupants thereof for lawful purposes.
3. The precise plan will not endanger the public peace, health, safety or
general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings
of the commission in this case.
2. That approval of Precise Plan 07-83 is hereby granted for reasons subject to
the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 7th day of June, 1983, by the following vote, to wit:
AYES: CRITES, DOWNS, WOOD
NOES: KRYDER, RICHARDS
ABSENT: NONE
ABSTAIN: NONE
RALPH B. WOOD, Chairman
ATTEST:
),
R MON A. DIAZ, Se retary
/Ir
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PLANNING COMMISSION RESOLUTION NO. 865
CONDITIONS OF APPROVAL
Precise Plan 07-83
1. Approval of the project is subject to approval of GPA 01-83, ZOA 05-83, C/Z 02-83
and the execution of a development agreement between the developer and the city
by which the developer agrees to provide at least 20% of the units within the
project affordable to low income households as defined by the Riverside County
Housing Authority.
2. Prior to the issuance of a building permit for construction of any uses
contemplated by this approval, the applicant shall first complete all the procedural
requirements of the city which include, but are not limited to, design review, and
building permits.
3. Construction of the total development may be done in phases; however, each
individual phase shall meet or exceed all municipal code requirements to the
degree that the city could consider each phase as a single project.
4. Construction of a portion of said project shall commence within one year from the
date of final approval unless a time extension is granted, otherwise said approval
shall become null, void and of no effect whatsoever.
5. The development of the property described herein shall be subject to the
restrictions and limitations set forth herein which are in addition to all municipal
ordinances and state and federal statutes now in force, or which hereafter may be
in force.
6. Prior to issuance of a building permit for construction of any use contemplated by
this approval, the applicant shall first obtain permits and/or clearance from the
following agencies:
Riverside County Department of Health '
Palm Desert Architectural Commission
City Fire Marshal
Coachella Valley Water District
Evidence of said permit or clearance from the above agencies shall be presented to
the department of building and safety at the time of issuance of a building permit
for the use contemplated herewith.
7. Project to be provided with a minimum 6 foot high solid masonry wall along all
interior property lines and a minimum 3 foot masonry wall along Park View Avenue
and Fred Waring Drive or as approved by architectural review commission.
8. Parking areas adjacent to tennis courts must be modified to provide adequate turn
around to allow forward exit of vehicles in end spaces and for cars encountering a
full lot.
9. Tennis courts shall be designed to avoid adverse impacts on adjacent units. Court
lighting shall not exceed 20 feet in height and be down-shining block box type.
10. Provisions for mail service shall be coordinated with the Palm Desert Branch U.S.
Postal Service.
11. Location and design of trash enclosures shall be coordinated with Palm Desert
Disposal Co. '
12. Substandard parking spaces shall be redesigned to comply with parking ordinance.
Department of Public Works
-2-
PLANNING COMMISSION RESOLUTION NO. 865
13. Dedication of right-of-way to 55 feet from construction centerline on Fred Waring
Drive.
14. Installation of curb and gutter at 32 feet from centerline, match-up paving and
sidewalk on Parkview Drive.
15. Installation of curb and gutter at 43 feet from construction centerline, match-up
paving, one-half median with landscaping and sidewalk on Fred Waring Drive.
16. Drainage and signalization fund fees shall be paid prior to the issuance of building
permits.
17. Full public improvements, including traffic safety lighting as required by ordinance
and the director of public works, shall be installed in accordance with city
standards.
18. Improvement plans for water and sewer systems shall be approved by the
respective service districts.
19. Complete improvement plans and specifications shall be submitted as required by
ordinance to the city engineer for checking and approval before construction of any
improvements is commenced. The developer shall submit "as-built" plans prior to
acceptance of the subdivision improvements by the city.
20. Landscaping maintenance on Fred Waring Drive and on Parkview Drive shall be
maintained by the owner.
21. All overhead utilities shall be undergrounded.
22. Traffic safety striping on Fred Waring Drive and Parkview Drive shall be provided
to the specifications of the director of public works. A traffic control plan must
be submitted to and approved by the director of public works before placing
pavement markings.
J 23. Street improvement plans must be approved by the public works director and
sureties posted to guarantee the required offsite improvements prior to building
permits being issued.
Fire Marshal Conditions:
24. Install a water system capable of delivering 2500 GPM fire flow for a two (2) hour
duration in addition to domestic or other supply. The computation shall be based
upon a minimum of 29 psi residual operating pressure in the supply main from
which the flow is measured at the time of measurement.
25. Install Riverside County super fire hydrants so that no point of any building is more
than 250 feet from a fire hydrant measured along approved vehicular travel ways.
a. Hydrants shall not be located closer than 25 feet to any building.
b. Exterior surfaces of hydrant barrels and heads shall be painted chrome
yellow, and the tops and nozzle caps shall be painted green.
C. Curbs (if installed) shall be painted red 15 feet in either direction from each
hydrant.
26. Prior to issuance of a building permit, the developer shall furnish the original and
three (3) copies of the water system plan to the fire marshal for review. Upon
approval, one copy will be sent to the building department, and the original will be
returned to the developer.
27. The water system plan shall be signed by a registered civil engineer and approved
by the water company, with the following certification: "I certify that the design
of the water system in case PP 07-83 is in accordance with the requirements
prescribed by the fire marshal."
28. Prior to delivery of combustible materials to the building site, the required water
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q
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PLANNING COMMISSION RESOLUTION NO. 865
system shall be installed, operating and delivering the required flow.
29. An approved emergency access road must be provided to within 150 feet of all
portions of the exterior walls of all buildings.
30. Minimum 50 foot turning radius for interior streets must be provided for
emergency vehicle access.
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_q_
II
a
City of Palm Desert
Department of Environmental Services
Staff Report
TO: Planning Commission
DATE: June 7, 1983
CASE NOS: GPA 01-83, ZOA 05-83, C/Z 02-83, PP 07-83
REQUEST:
Approval of a general plan amendment, zoning ordinance amendments,
change of zone, precise plan and Negative Declaration of Environmental
Impact to allow the construction of 384 apartment units on approximately
17.85 acres at a gross density of 21.5 d.u./acre located between Fred Waring
Drive and Park View Drive, east of the Palm Valley Storm Channel.
APPLICANT:
ONE QUAIL PLACE
P.O. Box 6000-333
Palm Desert, CA 92261
I. BACKGROUND:
A. PREVIOUS PERTINENT CASES:
CUP 18-80, TT 16396, 219 MF - The previous approvals for the property
were for a 128 unit residential development by Watt Industries. Watt
decided not to pursue the project and did not renew its option on the
property.
B. ADJACENT ZONING AND LAND USE:
North: PR-7 S.P./vacant
South: PR-6 S.P./vacant
East: PR-7 S.P./vacant
West: Storm Channel and R-1
The general location of the project is compatible with a high density rental
unit proposal. The project will have access on two four-lane highways, is
adjacent to utilities, is served by Sunline Transit System and is within A mile
of both the College of the Desert and the Highway III/Monterey regional
commercial district.
C. GENERAL PLAN LAND USE DESIGNATION:
Existing: Median density 5-7 d.u./acre
Proposed: Affordable High Density 15-25 d.u./acre
II. PROPOSED AMENDMENTS:
The approval of this project and related amendments involves several levels of
planning and policy decisions. While the evaluation of the precise plan involves
predominantly site planning issues, the various amendments involve interpretation,
refinement and implementation of city policies.
The proposed general plan and municipal code amendments are based upon the
following assumptions:
1. The provision of housing affordable by all segments of the community
as articulated in the housing element, remains a goal of the City of
Palm Desert.
2. In order for the affordable housing goals to be achieved with a
minimum of direct public subsidies, per unit land and construction
-1-
t
Staff Report
GPA 01-83, ZOA 05-83, C/Z 02-83, PP 07-83
June 7, 1983
costs must be reduced to a minimum. One way to accomplish this
cost reduction is to allow densities of 15 to 25 dwelling units per
acre.
3. A 25 dwelling unit per acre project can meet the city's general design
standards, provide a quality living environment compatible with
adjacent land uses and the character of the City of Palm Desert.
4. It was city council's direction to review high density proposals on a
case by case basis. The submission of the precise plan along with the
required general plan and code amendments allows the planning
commission and council to evaluate the type of project which would
be permitted if the amendments are adopted. Thus, this direction is
achieved through this application.
A. GENERAL PLAN AMENDMENT:
The City of Palm Desert Plan Housing Element contains an implementation
strategy which was intended to promote the construction of housing
affordable by low and moderate income households. The primary
implementation tool was an overlay which would allow higher densities,
flexible design standards and other incentives to achieve the housing goals.
The section has proven inadequate since the land use element does not
contain well defined corresponding mechanisms which allow the higher
densities.
The proposed amendment to the land use element and map will create a
precise land use definition for an.affordable high density overlay and will
assign the subject area with that designation. The AHD land use will be in
force on_:y if a project contains at least 20% of its units affordable by
households earning less than 80% of the median for Riverside County as
determined by the Riverside County Housing Authority. If this criteria is
not met, the land use would revert to the underlying designation.
Based upon available land and construction cost data, densities of between
15 and 25 d.u./acre are required to make an affordable project viable. Even
with the maximum of 25 units, other incentive may be required to achieve
the desired goals. The AHD overlay will allow densities in the 15-25 unit
per acre range.
B. ZONING ORDINANCE AMENDMENT:
State law requires that zoning ordinances be consistent with general plans.
Presently, our zoning ordinance does not contain any provisions
implementing the goals and objectives of the housing element relating to
affordable housing.
This amendment will create Section 25.24.055 within the planned residential
district which will allow densities to a maximum of 25 dwelling units per
acre in areas designated as appropriate sites in the general plan. The
affordable high density planned residential (AHDPR) designation will only be
in effect for projects which contain 20% very low or low income housing as
defined by the Riverside County Housing Authority. The exact nature of the
programs to be utilized shall be specified in a development agreement
executed between the developer and the city.
The amendment shall read:
25.25.055 Maximum Density for "Affordable Projects". For projects
containing at least 20% units affordable to low income households as
defined by the Riverside County Housing Authority, a maximum
density of 25 dwelling units per acre may be allowed by precise plan.
To be eligible for this program, the developer must enter into a
-2-
Staff Report
GPA 01-83, ZOA 05-83, C/Z 02-83, PP 07-83
June 7, 1983
development agreement which will tie the zoning designation and the
precise plan approval to affordable housing performance standards.
To provide definitions and procedures for development agreements Chapter
25.37 would be created. Normally zoning runs with the land and is not tied
to a particular project.
The development agreement will be a contract between the developer and
the city spelling out the specific requirements necessary to maintain the
desired zoning. If the requirements are not met, all approvals are voided
and the zoning will revert to the original designation. Once the project is
built and operating, the agreement will insure the maintenance of the
desired project features. As presently written, only projects meeting the
low income definition would be eligible for development agreements.
C. CHANGE OF ZONE:
This change of zone would designate the property AHDPR-22. The actual
change of zone would not occur until all facets of the project including the
development agreement is approved.
Assuming the general plan and code amendments are approved in some form,
the following findings can be made to support the proposed change of zone.
1. The proposed change of zone from R-2 (6) single family residential,
6000 sq.ft. minimal area to AHDPR-22 (affordable high density
planned residential 22 d.u./acre) is consistent with the general plan as
amended and specifically the goals and objections of the housing
element.
2. The proposed zoning is compatible with adjacent land uses in that the
storm channel acts 'as a buffer for properties to the west and the
design requirements contained within the PR zone will mitigate
possible impacts on vacant lands to the east.
3. By allowing the construction of housing affordable by a broad range
of economic groups in the Palm Desert Community, the proposed
change of zone would better serve the public health, safety and
general welfare than the existing zoning.
D. AMENDMENT ALTERNATIVES:
Since the amendments represent an evolving housing policy, the commission
may consider a number of variations to the proposed amendments. As
written, the 20% low income feature is a mandatory prerequisite for the
zoning. The language of the ordinances can be changed to allow the
commission discretion in approving varying amounts of low income housing
depending upon the merits of a particular project.
The actual density range can be modified keeping in mind that lowering of
densities increases the need for other public subsidies to meet our housing
objectives.
in. PROJECT DESCRIPTION - PRECISE PLAN 07-83
The applicant is proposing a 384 unit apartment project located on 17.5 acres for
an overall density of 21.5 d.u./acre. The required density is similar to projects
recently constructed in Palm Springs and elsewhere in the valley. The unit mix will
be as follows:
1 bedroom - 1 bath 697 sq.ft. 156
2 bedroom - 1 bath 897 sq.ft. 88
2 bedroom - 2 bath 986 sq.ft. 140
-3-
Staff Report
GPA 01-83, ZOA 05-83, C/Z 02-83, PP 07-83
June 7, 1983
The following table represents a comparison of PR standards with project
specifications:
Requirement Project
Building Coverage Max. 50% 28%
Usable Open Space 50% 51%
Building Separation 20' 20'
Road Width 20' 25'
Perimeter Setback 20' 90,
Parking
covered 384 384
uncovered - 9' x 20' 298 142*
- 8' x 17' — 177*
*The applicant is requesting a development standard modification to allow 177
compact spaces 8' x 17' bringing the total open spaces to 319. Assuming the spaces
were adjacent to landscape areas these spaces would have to be increased by one
foot in each direction to 9' x 18' to comply with the standards. Staff is not
recommending approval of this modification.
Site Layout and Circulation
The project will consist of 34 8-plex two story buildings separated by extensive
landscaping, water features, a meandering walkway and will include the following
recreational facilities:
1. Recreational Building 2
2. Tennis Courts 4
3. Pools 4
4. Spas 4
5. Volleyball Courts 2
6. 3-wall racquetball courts 2
7. Basketball Court 1
Although not presently planned, the developer has agreed to include a wide range
of recreational facilities appropriate for younger children. In general, the
recreational facilities and open space design exceed city standards.
The project will be served by a perimeter road and associated parking facilities
with complete pedestrian/vehicular separation. This perimeter road plus the Palm
Valley Channel creates a 235' butter between the two story buildings and the
nearest single family zone.
The following areas require redesign to comply with fire marshal and staff
conditions:
1. Dead-end parking areas will require sufficient turnaround to allow
forward exit from end stalls and for cars not finding a space.
2. All corners must have a 50' turning radius to accommodate fire
trucks.
3. Some interior units presently do not meet the 150' maximum fire
access requirement. This problem can be overcome by fire sprinklers
or emergency access to these units.
The applicant has agreed to do what is necessary to comply with these
requirements.
Affordable Housing Issues
In order to meet the requirements of the previously discussed general plan and code
amendments, at least 20% of units must be affordable by households earning less
than 80% of the county median. The applicant has submitted a pro forma analysis
-4-
Staff Report
GPA 01-83, ZOA 05-83, C/Z 02-83, PP 07-83
June 7, 1983
of project costs at various densities and financing arrangements.
If the project was developed at the existing R-2 6, S.P. (7 d.u./acre), monthly rents
would range from $793.14 to $1,021.00. At 14 d.u./acre rents would be well above
the current market at $525 to $675. Even if subsidies allowed for the 20% low
income units, the remaining 80% unsubsidized units would be unrentable.
With conventional financing it appears that any senario would preclude low income
rents. Any density less than 20 d.u./acre would require massive subsidies and would
probably kill the project. The project costs are reasonable and do not contain areas
for significant reductions.
With the use of tax exempt bond financing at 9 3/8% the project could include 70
low income units (46 one bedroom; 31 two bedroom) at $354.00 per month. These
units would be mixed throughout the project. In addition, market rents would be
lowered to $11 - $13 per month.
This program would meet the low income requirements outlined in the general plan
and code amendments. The details of the bond program are complex but would not
involve any financial obligation or significant adminstration by the city. If the
GPA, ZOA, C/Z and project design represent acceptable tools to achieve our
housing goals, the precise plan approval would be conditioned upon the execution of
a development agreement and the completion of the bonding program.
IV. ENVIRONMENTAL REVIEW
The criteria for the selection of high density sites described in the general plan
specifically excludes areas which would-suffer significant adverse impacts as the
result of development. Detailed review will be completed as each new site
designation is proposed.
The environmental review of the previously approved 134 unit Watt Industries on
the same site resulted in a Negative Declaration of Environmental Impact. The
newly proposed project was reviewed and similar impacts were identified with the
exception of traffic generation resulting from the high density.
A traffic generation study (see attachments) has determined that both Fred Waring
Drive and Parkview Drive have sufficient capacity to handle the projected traffic
volumes. Based upon these findings, the director of environmental services has
determined that the project will not have a significant adverse impact on the
environment and a Negative Declaration has been prepared.
V. SUMMARY AND RECOMMENDATION
As was discussed earlier, the various proposals represent two distinct levels of
decision making. One being the formulation and implementation of housing policy,
the other being the evaluation of the merits of the design of a particular proposal.
After examining the various alternatives, the use of high density and tax exempt
bond financing seems to be the most effective means of reducing housing cost
while keeping direct government involvement to a minimum. The proposed
amendments are necessary to acheive this goal. The exact percentage of low
income units required or the maximum density permitted is variable.
If the amendments are approved, staff recommends approval of C/Z 02-83. The
proposed site is ideally suited for a high density rental project. It is an infill site
with good utility availability, good access and close proximity to major
transportation corridors, cultural and commercial facilities. The flood channel
mitigates potential adverse impacts on adjacent single family uses.
Staff also recommends approval of the precise plan in that the design efficiently
accommodates the 384 units while providing recreational facilities and open space
normally associated with the most luxurious condominium projects.
-5-
Staff Report
GPA 01-83, ZOA 05-83, C/Z 02-83, PP 07-83
June 7, 1983
If the commission feels that the proposed project is an acceptable means of
achieving our affordable housing goals, staff recommends:
1. Adoption of Planning Commission Resolution No. ,
recommending to the city council approval of GPA 01-83 and a
Negative Declaration of Environlmental Impact as it pertains
thereto.
2. Adoption of Planning Commission Resolution No. ,
recommending to city council adoption of ZOA 05-83 and a Negative
Declaration of Environmental Impact as it pertains thereto.
3. Adoption of Planning Commission Resolution No. ,
recommending approval of C/Z 02-83 and a Negative Declaration of
Environmental Impact as it pertains thereto.
4. Adoption of Planning Commission Resolution No. , approving PP
07-83 and a Negative Declaration of Environmental Impact as it
pertains thereto.
VI. ATTACHMENTS:
A. Resolution
B. Negative Declaration
C. Traffic Generation Study
D. Developer Cost Analysis
E. Site Plan
F. Letters from Rancho Mirage
G. Legal Notice
Prepared by
Reviewed and Approved by
/Ir
-6-
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL APPROVAL
OF AN AMENDMENT TO THE GENERAL PLAN LAND
USE ELEMENT CREATING THE AFFORDABLE HIGH
DENSITY 15-25 D.U./ACRE DESIGNATION AND
ASSIGNING THE DESIGNATION TO THE AREA BETWEEN
FRED WARING DRIVE AND PARKVIEW DRIVE, EAST OF
THE PALM VALLEY STORM CHANNEL AND APPROVING
A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AS IT PERTAINS THERETO.
CASE NO. GPA 01-83
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of June, 1983, hold a duly noticed public hearing to consider a request by ONE
QUAIL PLACE for an amendment to the Palm Desert General Plan Land Use Element
creating the affordable high density 15-25 d.u./acre land use designation and assigning the
area between Parkview Drive and Fred Waring Drive, east of the Palm Valley Storm
Channel with that designation; and
WHEREAS, said application has complied with requirements of the "City of Palm
Desert Procedures to Implement the California Environmental Quality Act, Resolution
No. 80-89", in that the director of environmental services had determined the project will
not have a significant impact on the environment and a Negative Declaration has been
prepared; and
WHEREAS, at said public hearing, upon hearing and considering the testimony and
arguments of all persons desiring to be heard, said planning commission did find the
following facts and reasons to exist to recommend that the land use element be amended:-
1. The proposed amendments provided a defined land use designation for the
implementation of the policies contained within the housing element.
2. The area designated is well suited to the assigned affordable high density
land use.
3. The amendment will facilitate the production of housing affordable by a
broader segment of the community.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, as follows:
1. That the above recitations are true and correct and constitute the findings
of the commission in this case.
2. That it does hereby recommend approval to the City Council that GPA 01-
83 be adopted as described in Exhibits "A" and "B" for reasons set out in the
staff report and this resolution.
3. That a Negative Declaration of Environmental Impact is hereby
recommended for approval.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 7th day of June, 1983, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RALPH B. WOOD, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
/lr
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "A"
GPA 01-83
Amend Page III, A-18 of Land Use Element:
B. Residential Neighborhoods: Residential uses within the city and sphere of
influence are incorporated into a series of neighborhoods with densities ranging
from an average of 1 to 25 units per acre. Development within each density range
indicated below may exceed the density for each range if, a development of
sufficient lesser density is provided to bring the overall density into the range.
Refer to Figure 2 for more definitive locations of the various densities throughout
the planning area.
The various neighborhood structures are indicated as follows:
High Density Neighborhoods are designated immediately adjacent to the
commercial area, the College of the Desert and major streets. These
neighborhoods would be developed at densities ranging from 7-25 units per acre.
Development within the high density neighborhoods could consist of a mixture of
apartments, condominiums and convertional detached housing developed under
specific development plans.
Projects within these neighborhoods will be classified into "market" and
"affordable". Market projects will generally be eligible for densities in the 7-15
unit per acre range. Affordable projects, those which provide at least 20% of their
units affordable by low income households may apply for an affordable high density
designation (AHD) which will allow densities in the upper 15-25 d.u./acre range.
/Ir
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING APPROVAL TO THE CITY COUNCIL OF
AN AMENDMENT TO THE ZONING ORDINANCE TEXT,
CREATING SECTION 25.055 AND CHAPTER 25.37
RELATING TO THE ESTABLISHMENT OF A HIGH
DENSITY DESIGNATION FOR PROJECTS WHICH
INCLUDE LOW INCOME HOUSING; AND APPROVAL OF
A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AS IT PERTAINS THERETO.
CASE NO. ZOA 07-83
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of June, 1983, hold a duly noticed public hearing to consider a zoning
ordinance amendment creating Section 25.24.055 and Chapter 25.37 relating to the
establishment of a high density designation for projects which include low income housing;
and approval of a Negative Declaration of Environmental Impact as it pertains thereto.
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the director of environmental services has determined that
the project will not have a significant impact on the environment and a Negative
Declaration has been prepared.
WHEREAS, at said public hearing upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said planning commission did find
the following facts and reasons to exist to recommend approval of a zoning ordinance text
amendment:
1. That the zoning ordinance amendment is consistent with the objectives of
the zoning ordinance.
2. That the zoning ordinance amendment is consistent with the adopted general
plan.
3. That the zoning ordinance amendment would better serve the public health,
safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, as follows:
1. That the above recitations are true and correct and constitute the
considerations of the commission in this case.
2. That it does hereby recommend a zoning ordinance text amendment, as
provided in the attached exhibit, labeled Exhibit "A".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 7th day of June, 1983, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RALPH B. WOOD, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
/Ir
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "A"
ZOA 07-83
Amend Section 25.25 by adding:
25.25.055 Maximum density for "affordable projects". For projects containing at
least 20% units affordable to low income households as defined by the Riverside County
Housing Authority, a maximum density of 25 dwelling units per acre may be allowed by
precise plan. To be eligible for this program, the developer must enter into a development
agreement per Section 25.37 which will tie the zoning designation and the precise plan
approval to affordable housing performance standards.
/Ir
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "B"
Chapter 25.37
Development Agreements
SECTIONS:
25.37.010 Purpose
25.37.020 Eligibility
25.37.030 Contents
25.37.040 Public Hearing and Notice
25.37.050 Consistency
25.37.060 Rules, Regulations and Official Policies
25.37.070 Periodic Review
25.37.080 Amendment or Cancellation
25.37.090 Recording of Agreement
25.37.100 Modification or Suspension to Comply with State or Federal Laws
25.37.010 Purpose. The purpose of this chapter is to provide the city with greater
control and flexibility in the evaluation of projects by tailoring development standards to
the unique features of a particular site and linking them with specific development
proposals and performance criteria.
25.37.020 Eligibility. Persons or organizations entering into development
agreement with the city must have a legal or equity interest property. Project proposals
in the following zones are eligible for participation in the development agreement process
if they meet the specified findings.
A. Affordable high density planned residential. Projects receiving the AHDPR
designation require a development agreement to specify the condition under
which the high density is to be granted.
25.37.030 Contents. A development agreement shall specify or contain the
following:
A. Duration of agreement.
B. Permitted uses.
C. Maximum height and size of building.
D. A general site plan showing arrangement of uses, circulation and required
dedication.
E. A timetable for the completion of various project phases or other features
of the agreement.
F. Other conditions, terms, restrictions and requirements for subsequent
discretionary actions.
25.37.040 Public hearing and notice. A public hearing on an application for a
development agreement shall be held by the planning commission and city council. Notice
of intention to consider adoption of a development agreement shall be given as provided in
Chapter 25.86.
25.37.050 Form and consistency. A development agreement shall be approved by
ordinance and shall be consistent with general and specific plans. With a majority vote of
city council, the agreement may be made subject to a referendum.
25.37.060 Rules, regulations and official policies. Unless otherwise provided by
the development agreement, rules, regulations and official policies governing uses of the
land, density, design, improvement and construction standards and specifications,
applicable to development of the property subject to the agreement, shall be those rules
regulations and official policies in force at the time of the execution of the agreement. A
development agreement shall not prevent the city from subsequent actions applicable to
the property from applying new rules which do not conflict with those contained within
the agreement, nor shall a development agreement prevent the city from denying or
PLANNING COMMISSION RESOLUTION NO.
conditionally approving any subsequent development application on the basis of such
existing or new rules, regulations and policies.
25.37.070 Periodic review. The planning commission shall review a development
agreement every 6 months, at which time the applicant or his successor shall be required
to demonstrate good faith compliance with the terms of the agreement. If as a result of
this review, the commission finds and determines, on the basis of substantial evidence,
that the applicant has not complied in good faith with terms or conditions of the
agreement, it shall recommend to the city council that the agreement be modified or
terminated. If the city council concurs with the planning commission recommendation,
the agreement shall be modified or terminated. Proceedings before the city council shall
be a noticed public hearing per Chapter 25.86.
25.37.080 Amendment or cancellation. In addition to provisions of Section
25.37.060, a development agreement may be amended or canceled in whole or in part by
mutual consent of the parties to the agreement or their successors. Procedure shall be as
described in Sections 25.37.040 and 27.37.050.
25.37.090 Recording of agreement. No later than 10 days after the city enters
into a development agreement, the city clerk shall record with the county recorder a copy
of the agreement, which shall describe the land subject thereto. From and after the time
of such recordation, the agreement shall impart such notice thereof to all persons as is
afforded by the recording laws of this state. The burdens of the agreement shall be
binding upon, and the benefits of the agreement shall inure to, all successors in interest to
the parties to the agreement.
25 37 100 Modification or suspension to comply with state or federal laws or
regulations. In the event that state or federal laws or regulations, enacted after a
development agreement has been entered into, prevent or preclude compliance with one
or more provisions of the development agreement, such provisions of the agreement shall
be modified or suspended as may be necessary to comply with such state or federal laws
or regulations.
/Ir
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL APPROVAL
OF A CHANGE OF ZONE FROM R-2 (6) S.P. TO AHDPR-
22 S.P. FOR 17.85 ACRES LOCATED BETWEEN FRED
WARING DRIVE AND PARKVIEW DRIVE, EAST OF THE
PALM VALLEY STORM CHANNEL AND A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AS IT
PERTAINS THERETO.
CASE NO. C/Z 02-83
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of June, 1983, hold a duly noticed public hearing to consider a request by ONE
QUAIL PLACE for a change of zone from R-2 (6) S.P. to AHDPR - 22 S.P. for 17.5 acres
located between Fred Waring Drive and Parkview Drive east of the Palm Valley Storm
Channel and a Negative Declaration of Environmental Impact as it pertains thereto.
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,
Resolution No. 80-89", in that the director of environmental services has determined that
the project will not have a negative impact on the environment and a Negative
Declaration has been prepared.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said planning commission
did find the following facts to justify their actions, as described below:
1. The land use resulting from the change of zone would be compatible with
adjacent proposed land uses.
2. The density resulting from the change of zone would be compatible with
densities permitted in the adjacent areas.
3. The proposed change of zone would be compatible with the adopted Palm
Desert General Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, as follows:
1. That the above recitations are true and correct and constitute the findings
of the commission in these cases;
2. That the Planning Commission does hereby recommend to the City Council
approval of a change of zone from R-2 (6) S.P. to AHDPR - 22 S.P. as shown
on Exhibit "A", attached.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 7th day of June, 1983, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RALPH B. WOOD, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
/lr
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A PRECISE PLAN OF DESIGN TO ALLOW THE
CONSTRUCTION OF 384 APARTMENT UNITS ON 17.85
ACRES LOCATED BETWEEN FRED WARING DRIVE AND
PARKVIEW DRIVE EAST OF THE PALM VALLEY STORM
CHANNEL AND A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO.
CASE NO. PP 07-83
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of June, 1983, hold a duly noticed public hearing to consider the request of
ONE QUAIL PLACE for approval of a precise plan of design to allow construction of 384
apartment units on 17.85 acres located between Fred Waring Drive and Parkview Drive
east of Palm Valley Storm Channel.
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-8911, in that the director of environmental services has determined that
the project will not have a significant impact on the environment and Negative
Declaration has been prepared.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, of all interested persons desiring to be heard, said commission did find the
following facts and reasons to exist to justify the granting of said precise plan of design:
1. The design of the precise plan will not substantially depreciate property
values in the vicinity.
2. The precise plan will not unreasonably interfere with the use or enjoyment
of property in the vicinity by the occupants thereof for lawful purposes.
3. The precise plan will not endanger the public peace, health, safety or
general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of,
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings
of the commission in this case.
2. That approval of Precise Plan 07-83 is hereby granted for reasons subject to
the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 7th day of June, 1983, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RALPH B. WOOD, Chairman
ATTEST:
RAMON A. DIAZ, Secretary ,
/lr
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PLANNING COMMISSION RESOLUTION NO.
CONDITIONS OF APPROVAL
Precise Plan 07-83
1. Approval of the project is subject to approval of GPA 01-83, ZOA 02-83, C/Z 02-83
and the execution of a development agreement between the developer and the city
by which the developer agrees to provide at least 20% of the units within the
project affordable to low income households as defined by the Riverside County
Housing Authority.
2. Prior to the issuance of a building permit for construction of any uses
contemplated by this approval, the applicant shall first complete all the procedural
requirements of the city which include, but are not limited to, design review, and
building permits.
3. Construction of the total development may be done in phases; however, each
individual phase shall meet or exceed all municipal code requirements to the
degree that the city could consider each phase as a single project.
4. Construction of a portion of said project shall commence within one year from the
date of final approval unless a time extension is granted, otherwise said approval
shall become null, void and of no effect whatsoever.
5. The development of the property described herein shall be subject to the
restrictions and limitations set forth herein which are in addition to all municipal
ordinances and state and federal statutes now in force, or which hereafter may be
in force.
6. Prior to issuance of a building permit for construction of any use contemplated by
this approval, the applicant shall first obtain permits and/or clearance from the
following agencies:
Riverside County Department of Health
Palm Desert Architectural Commission
City Fi.a Marshal
Coachella Valley Water District
Evidence of said permit or clearance from the above agencies shall be presented to
the department of building and safety at the time of issuance of a building permit
for the use contemplated herewith.
7. Project to be provided with a minimum 6 foot high solid masonry wall along all
interior property lines and a minimum 3 foot masonry wall along Parkview Avenue
and Fred Waring Drive.
8. Parking areas adjacent to tennis courts must be modified to provide adequate turn
around to allow forward exit of vehicles in end spaces and for cars encountering a
full lot.
9. Tennis courts shall be designed to avoid adverse impacts on adjacent units. Court
lighting shall not exceed 20 feet in height and be down-shining block box type.
10. Provisions for mail service shall be coordinated with the Palm Desert Branch U:S.
Postal Service.
11. Location and design of trash enclosures shall be coordinated with Palm Desert
Disposal Co.
12. Substandard parking spaces shall be redesigned to comply with parking ordinance.
Department of Public Works
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PLANNING COMMISSION RESOLUTION NO.
13. Dedication of right-of-way to 55 feet from construction centerline on Fred Waring
Drive.
14. Installation of curb and gutter at 32 feet from centerline, match-up paving and
sidewalk on Parkview Drive.
15. Installation of curb and gutter at 43 feet from construction centerline, match-up
paving, one-half median with landscaping and sidewalk on Fred Waring Drive.
16. Drainage and signalization fund fees shall be paid prior to the issuance of building
permits.
17. Full public improvements, including traffic safety lighting as required by ordinance
and the director of public works, shall be installed in accordance with city
standards.
18. Improvement plans for water and sewer systems shall be approved by the
respective service districts.
19. Complete improvement plans and specifications shall be submitted as required by
ordinance to the city engineer for checking and approval before construction of any
improvements is commenced. The developer shall submit "as-built" plans prior to
acceptance of the subdivision improvements by the city.
20. Landscaping maintenance on Fred Waring Drive and on Parkview Drive shall be
maintained by the owner.
21. All overhead utilities shall be undergrounded.
22. Traffic safety striping on Fred Waring Drive and Parkview Drive shall be provided
to the specifications of the director of public works. A traffic control plan must
be submitted to and approved by the director of public works before placing
pavement marking.
23. Street improvement plans must be approved by the public works director and
sureties posted to guarantee the required offsite improvements prior to building
permits being issued.
Fire Marshal Conditions:
24. Install a water system capable of delivering 2500 GPM fire flow for a two (2) hour
duration in addition to domestic or other supply. The computation shall be based
upon a minimum of 29 psi residual operating pressure in the supply main from which
the flow is measured at the time of measurement.
25. install Riverside County super fire hydrants so that no point of any building is more
than 250 feet from a fire hydrant measured along approved vehicular travel ways.
a. Hydrants shall not be located closer than 25 feet to any building.
b. Exterior surfaces of hydrant barrels and heads shall be painted chrome
yellow, and the tops and nozzle caps shall be painted green.
C. Curbs (if installed) shall be painted red 15 feet in either direction from each
hydrant.
26. Prior to issuance of a building permit, the developer shall furnish the original and
three (3) copies of the water system plan to the fire marshal for review. Upon
approval, one copy will be sent to the building department, and the original will be
returned to the developer.
27. The water system plan shall be signed by a registered civil engineer and approved
by the water company, with the following certification: "I certify that the design
of the water system in case PP 07-83 is in accordance with the requirements
prescribed by the fire marshal."
28. Prior to delivery of combustible materials to the building site, the required water
-3-
PLANNING COMMISSION RESOLUTION NO.
system shall be installed, operating and delivering the required flow.
29. An approved emergency access road must be provided to within 150 feet of all
portions of the exterior walls of all buildings.
30. Minimum 50 foot turning radius for interior streets must be provided for
emergency vehicle access.
/lr
-4-
Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative
Code.
NEGATIVE DECLARATION
CASE NO: GPA 01-83, ZOA 05-83, C/Z 02-83, PP 07-83
COMMON PROJECT NAME: ONE QUAIL PLACE
APPLICANT/PROJECT SPONSOR: ONE QUAIL PLACE
c/o DENNIS MARTIN
P.O. Box 6000-333
Palm Desert, CA 92261
PROJECT DESCRIPTION/LOCATION:
General plan, zoning ordinance and map
amendments dealing with high density
designations for purposes of providing low
income housing and a precise plan for a 384
apartment project located between Fred Waring
Drive and Parkview Drive, east of the Palm
Valley Storm Channel.
The director of the department of environmental services, City of Palm Desert,
California, has found that the described project will not have a significant effect on the
environment. A copy of the initial study has been attached to document the reasons in
support of this finding. Mitigation measures, if any, included in the project to avoid
potentially significant effects, may also be found attached.
�.'T✓v. i v lY-1A _ G3
� G
RAMON A. DIAZ DATE
DIRECTOR OF ENVIRONMENTAL SERVICES
/lr
EXPLANATION TO "YES" AND "MAYBE" RESPONSES
15. Housing: The project will provide 70 units affordable by low income households.
These units will satisfy 10% of the current need for these units as identified by the
SCAG Regional Housing Allocation Model.
16. Transportation/Circulation: Although the project will result in increased vehicular
movements, the affected highways have sufficient capacity. (See attached traffic
study)
/lr
CASE YO.s G PA
US-
�
-7
EN7I2ON31E`ITAL SERVICES DEPT.
INITIAL STUDY
ENVIRONY(YTAL EVALUATION CHECKLIST
NOTE: The availability of data necessary to address the topics listed
below shall form the basis of a decision as to whether the
application is considered complete for purposes of environmental
assessment.
ENVIROtMENTAL IMPACTS
(Explanations of all "yes" and "maybe" answers, possible mitigation
measures and comments are provided on attached sheets).
Yes Maybe No
1 . Earth. Will the proposal result in:
a. Unstable earth conditions or in changes in
geologic substructures?
b. Oisruptions, displacements, compaction, or
overcovering of the sail?
c. -Change in topography or ground surface relief
features?
d. The destruction, covering, or modification of any unique geologic or physical features?
e.- Any increase in wind or water erosion of
soils, either on or off the site?
2. Air. Will the proposal result in:
a. Air emissions or deterioration of ambient air
quality?
b. The creation of objectionable odors?
c. Alteration of air movement, moisture, or
temperature, or any change in climate, /
either locally or regionally? _ _/
.2
Yes Maybe No
3. Water. Will the proposal result in:
a... Changes. in currents, ;or the course or
direction of water' movements?
'` . b. Changes in-absorption rates, drainage
patterns, or the rate and- amoiint of
surface water runoff?
c. Alterations to the course or flow of
flood waters?
d. Alteration of.the direction or rate of
flow of ground waters?
e. Change in the quantity of ground waters,
either through direct additions or with-
drawals, or through interception of an
aquifer by cuts or excavations?
f. Reduction in the amount of water other-
wise available for public water supplies?
4. Plant Life. Will the proposal result in:
a. Change in the diversity of species, or
numbers of any species of plants
(including trees, shrubs , grass , and
crops )?
b. Reduction of the numbers of any unique, rare,
or endangered species of plants? _ ✓
c. Introduction of new species of plants into
an area, or in a barrier to the normal
replenishment of existing species?
S. Animal. Life. Will the proposal result in:
a. Changes in the diversity of species, or
numbers of any species of animals (birds ,
land animal's including reptiles, .or — —
insects)?
b. Reduction of the numbers of any unique,
rare, or endangered species of animals?
c. Introduction of new species of animals
into an area, or result in a barri-er. to
the migration or movement of animals?
d. Deterioration to existing wiliilifo '
3.
Yes Mn be No
6. Natural Resources. Will the proposal result in:
a. Increase in -.the rate of use of any natural
resources?
b. Depletion of-any non-renewable natural
resource?
7. Energy. Will the proposal result in:
a. Use of substantial amounts of fuel or energy? —
b. Demand upon existing sources of energy, or re-
quire the.deselopment of new sources of /
energy? ✓
8. Risk of Uoset:nOoes the proposal involve a
risk of an explosion or the release of
hazardous substances (including, but not limited
to, pesticides, oil , chemicals, or radiation) in
the event of an Ic accident or upset conditions? f
9. Econo_m c_Loss. Will the proposal result in:
a. A change in -the value of property and
improvements endangered by flooding?
b. A change in the value of property and
impro+ementsrexposed to geologic hazards
beyond accepted Cc=unity risk standards? — —
10. Noise. Will the proposal increase existing
noise levels toathe point at which accepted
community noise and vibration levels are
exceeded?
1:. Land Use. Willathe proposal result in the
as edn of the present developed or
planned land use of an area?
12. Open Soace. Will the proposal lead to a
decrease in theramount of designated open ;
space?
13. Population. Will the proposal rasult in:
a. Alteration of the location, distribution,
density, or growth rate of the human
population off the City?
b. Change in the population distribution by
age, income,:religion, racial , or ethnic h
group, occupational class, household type? — —
i
4.
Yes Mavbe No
14. Emolovment. Will the proposal result in
additions new long-term jobs provided, or a
change in the number and per cent employed,
unemployed, and underemployed? _
15. . Housing. Will the proposal result in:
a. Change in number and per cent of housing
units by type (price or rent range,
zoning category, owner-occupied and rental ,
etc. ) relative to demand or to number of
families in various income classes in the City?
b. Impacts on existing housing or creation of a
demand for additional housing?
16. Transportation/Circulation. Will the proposal
resu rtin:
a. Generation of additional vehicular movement?
b. Effects on existing parking facilities, or
demand for new parking?
C. Impact upon existing transportation systems?
d: Alterations to present patterns of circulation
or movement of people and/or goods?
e. Increase in traffic hazards to motor vehicles,
bicyclists, or pedestrians?
17. Public Seriices. Will the proposal have an effect
upon, or resu t in a need for, new or altered
governmental services in any of the following
areas:
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks or other recreational facilities?
e. Maintenance of public facilities , including
roads?
f. Other governmental services?
Ir
5.
Yes Maybe No
18. Public Fiscal Balance. Will the r p oposal
result in a net change in government fiscal
flow (revenues less operating expenditures
and annualized capital expenditures)? _
19. Utilities. Will the proposal result in a
need for new systems, or alterations to the
followingutilities:
ties:
r
a. Power or natural gas?
b. Communications system?
C. Water? _ —
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
20. Human Health. Will the proposal result in:
a. The creation of any health hazard or
potential health hazard?
b. A change in the level of community health
care provided?
21. Social Services. Will the proposal result in
an increased demand for provision of general _
social services?
22. Aesthetics . Will the proposal result in:
a. Obstruction of any scenic vista or view
open to the public?
b. The creation of an aesthetically offensive
site open to public view? _✓
c. Lessening of the overall neighborhood
(or area) attractiveness, pleasantness, j
and uniqueness?
23. Licht and Glare. Will the proposal produce /
new light or glare?
24. Archeoloaical/Historical . Will the proposal
result in an alteration of a significant
archeological or historical site, structure,
object, or building?
6.
Yes Maybe No
25. Mandatary Findings of Significance.
a. Does the project have the potential to degrade
the quality of the environment or to curtail
the diversity in the environment-7
b. Does the project have the potential to achieve
short-term, to the disadvantage of long-term,
environmental goals? (A short-term impact on
the environment is one which occurs in a
relatively brief, definitive period of time
while long-term impacts will endure well into the future. )
c. Does the project have impacts which are indi-
vidually limited, but cumulatively considerable?
(A project may impact an two or more separate
resources where the impact an each resource
is relatively small , but where the effect of
the total of those impacts an the environment /
is significant. )
d. Does the project have environmental effects
which will cause substantial adverse effects j
on human beings , either directly or indirectly?
Initial Study Prepared By: `�^' f 1
v -
TRAFFIC GENERATION STUDY
PP 07-83
Number of limits: 384
Generation Factor: 6.1 trips per unit per dayl
Total Trips: 2362 ADT
It is assumed that trips will be split 50150 between Parkview Drive and Fred Waring Drive.
Both streets will be developed to a full four lanes, capacity 24,000 ADT each with signals
at Monterey and Highway 111.
Existing ADT2 Increase Total Slack Capacity %
Fred Waring Drive 15,110 1181 16291 7,709 32%
Parkview Drive 1500 1181 2681 21,319 89%
Conclusion•
Traffic on the two subject roadways will continue to be well below design capacity after
completion and occupancy of the proposed project. The slack capacity is sufficient to
meet the demands created by future development of surrounding properties including
properties in Rancho Mirage.
Ar
l Institute of Traffic Engineers, 1976
2 City of Palm Desert, Department of Public Works
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City of RANCHO MIRAGE
69-825 HIGHWAY 111 RANCHO MIRAGE CALIFORNIA 92270 TELEPHONE(619) 324-4511
May 24, 1983
Mr. Ramon A. Diaz, Director
Environmental Services MAY 2 6 1983
City of Palm Desert
45-275 Prickly Pear Lane ENVIRONMENTAL
Palm Desert, CA 92260 CITY CF FALU SERT
Re: Case No. PP07-73; One Quail Place, Dennis Martin
Thank you for the opportunity for the City of Rancho Mirage to review and comment
on the referenced development case. As you know, the proposed project will be
located immediately adjacent to our southern City boundary, and is therefore of
particular concern to us.
It is our understanding that the approval process for this project includes a
General Plan Amendment and Zone Change that would permit residential densities
exceeding twenty dwelling units per acre. This density would far exceed that
currently permitted on this property and is also considerably higher than the
highest residential density allowed in Rancho Mirage.
In our review of the project site plan, we note there are only two access
driveways to service a project of almost 400 units. We feel that traffic con-
gestion will result, both on and off site. We are most concerned with the traffic
impact on Parkview Drive since the property fronting on the north side of Parkview
is zoned for 15 dwelling units per acre, and could create a major problem when
also developed. There is also some question whether this dense layout could be
adequately protected by Fire and other emergency services.
RECOMMENDATION:
That the City of Palm Desert approve General Plan and Zoning that will permit
residentialdensities not to exceed 12 to 15 dwelling units per acre.
Please;do�ti//nue keep ng the City of Rancho Mirage informed as to the approval
proce'sssip�of this evelopment proposal.
s' cefel '
° --- --
10�t
gertfsen, Director
Communitf Development
RE:DA:grb
City of RANCHO MIRAGE
69-825 HIGHWAY 111 RANCHO MIRAGE CALIFORNIA 92270 TELEPHONE(619) 324-4511
June 1, 1983
Jt1i1 1983
Ralph Wood, Chairman
Planning Commission ENVIRONMENTAL SERVICES
City of Palm Desert CITY OF PALM DESERT
45-275 Prickly Pear Lane
Palm Desert, CA 92260 .
Re: Case Nos. GPA 01-83, ZOA 05-83, CZ 02-83 and PP 07-83
Dear Chairman Wood:
The City of Rancho Mirage Planning Commission reviewed and commented on the
above-referenced apartment project proposal at our regular meeting May 26,
1983. The Commission unanimously voted to recommend opposition to the project
in its present form.
The project site is located along Parkview Drive, the common boundary between
our two cities. The Planning Commission is highly concerned that 'the proposed
density of 20.5 dwelling units per acre is excessive. It would far exceed
residential densities permitted in Rancho Mirage, and, we understand, would be
over three times the density permitted by current Palm Desert zoning for the
property.
Another concern of the Planning Commission is that the proposed 400 apartment
units will generate too much traffic to be properly accommodated on Parkview
Drive. With only two access points to the project, and anticipated adjacent
development both in our city and the regional shopping center in Palm Desert,
serious traffic congestion could result. The Planning Commission also feels
that the project, as a totally two-story development, is not consistent with
low profile development both our cities have always encouraged.
In summary, we hope you will agree the proposal, as set forth, is too intensive
for this site. The extremely high dwelling unit density, possible traffic con-
gestion, and two-story character of the project indicate this proposal should
be redesigned on a smaller scale of development. Again, we recommend you
deny this project as submitted.
Sincerely,
` n cFad en, Chairman
/ lanning Commission
JWM:DA:grb
May 19, 1983
CITY OF PALM DESERT
LEGAL NOTICE
CASE NOS. GPA 01-939 ZOA OS-83, C/Z 02-93 and PP 07-83
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
Planning Commission to consider a request by ONE QUAIL PLACE (a general
partnership), for a general plan amendment, zoning ordinance amendment, change of zone
and precise plan and a negative declaration of environmental impact to allow the
construction of 384 apartment units on approximately 18 acres (density 20.5 d.u./ac-)
presently zoned R-2 (6), (7.26 d.u./ac.) located between Fred Waring Drive and Parkview,
east of the Palm Valley Channel, more particularly described as:
A.P.N. 618-330-008 and 618-330-009
-4 ill
Y} I • �:
i
4410 AVENUE
-� I I
GPA/ 01-83,ZOA 05-83,C/Z 02-83 & PP�07.,-83+f
SAID public hearing will be held on June 7, 1983, at 7:00 p.m., in the council chamber at
Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time
and place all interested persons are invited to attend and be heard.
RAMON A. DIAZ, Secretary
Palm Desert Planning Commission
PUBLISH: Desert Post
May 27, 1983
/pa
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F rrla I 1T�I ¢ / r � �— •i I /
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1 � i
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s A Jm is j �
City of RANCHO MIRAGE
69-825 HIGHWAY 111 RANCHO MIRAGE CALIFORNIA 92270 TELEPHONE(619) 324-4511
May 24, 1983
Mr. Ramon A. Diaz, Director
Environmental Services 'If'Av261983
City of Palm Desert
45-275 Prickly Pear Lane EINVIFRONMENTAL
Palm Desert, CA 92260 CITY GFL:.` '
Re: Case No. PP07-73; One Quail Place, Dennis Martin
Thank you for the opportunity for the City of Rancho Mirage to review and comment
on the referenced development case. As you know, the proposed project will be
located immediately adjacent to our southern City boundary, and is therefore of
particular concern to us.
It is our understanding that the approval process for this project includes a
General Plan Amendment and Zone Change that would permit residential densities
exceeding twenty dwelling units per acre. This density would far exceed that
currently permitted on this property and is also considerably higher than the
highest residential density allowed in Rancho Mirage.
In our review of the project site plan, we note there are only two access
driveways to service a project of almost 400 units. We feel that traffic con-
gestion will result, both on and off site. We are most concerned with the traffic
impact on Parkview Drive since the property fronting on the north side of Parkview
is zoned for 15 dwelling units per acre, and could create a major problem when
also developed. There is also some question whether this dense layout could be
adequately protected by Fire and other emergency services.
RECOMMENDATION:
That the City of palm Desert approve General Plan and Zoning that will permit
residential densities not to exceed 12 to 15 dwelling units per acre.
Please continue keep�ng the City of Rancho Mirage informed as to the approval
processing of this development proposal.
i
Sincerely,
' j/I i�rlr rt r
E�rrsen, Director
Community: Development
i
RE:DA:grb
f RANCHO MIRAGE
City o
69-825 HIGHWAY Ill RANCHO MIRAGE CALIFORNIA 92270 TELEPHONE(619) 324-4511
June 1, 1983
L,T� �CIV�D
»Q?
Ralph Wood, Chairman
Planning Commission ENVIRONMENTAL SER`JIr ES
City of Palm Desert C!TY OF PALM CESERT
45-275 Prickly Pear Lane
Palm Desert, CA 92260
Re: Case Nos. GPA 01-83, ZOA 05-83, CZ 02-83 and PP 07-83
Dear Chairman Wood:
The City of Rancho Mirage Planning Commission reviewed and commented on the
above-referenced apartment project proposal at our regular meeting May 26,
1983. The Commission unanimously voted to recommend opposition to the project
in its present form.
The project site is located along Parkview Drive, the common boundary between
our two cities. The Planning Commission is highly concerned that the proposed
density of 20.5 dwelling units per acre is excessive. It would far exceed
residential densities permitted in Rancho Mirage, and, we understand, would be
over three times the density permitted by current Palm Desert zoning for the
property.
Another concern of the Planning Commission is that the proposed 400 apartment
units will generate too much traffic to be properly accommodated on Parkview
Drive. With only two access points to the project, and anticipated adjacent
development both in our city and the regional shopping center in Palm Desert,
serious traffic congestion could result. The Planning Commission also feels
that the project, as a totally two-story development, is not consistent with
low profile development both our cities have always encouraged.
In summary, we hope you will agree the proposal, as set forth, is too intensive
for this site. The extremely high dwelling unit density, possible traffic con-
gestion, and two-story character of the project indicate this proposal should
be redesigned on a smaller scale of development. Again, we recommend you
deny this project as submitted.
Sincerely,
i
c Lk
Ji hn T. McFadden, Chairman
Planning Commission
JWM:DA:grb
CASE NO s G PA m l—�3
�2 Oi—b'3
P� � 7-
E`., 7111ON:IENTAL SERVICES DEPT.
INITIAL STUDY
MVIROi�YTAL EVALUATION CHECKLIST
NOTE: The availability of data necessary to address the topics listed
below shall form the basis of a decision as to whether the
application is considered complete for purposes of environmental
assessment.
ENVIRONMENTAL IMPACTS
(Explanations of all "yes" and "maybe" answers, possible mitigation
measures and comments are provided on attached sheets) .
Yes Maybe No
1 . Earth. Will the proposal result in:
a. Unstable earth conditions or in changes in
geologic substructures?
b. . Disruptions, displacements, compaction, or
overcovering of the soil?
c. Change in topography or ground surface relief
features?
d. The destruction, covering, or modification of any unique geologic or physical features?
e. Any increase in wind or water erosion of
soils, either on or off the site?
2. Air. Will the proposal result in:
a. Air emissions or deterioration of ambient air
quality?
b. The creation of objectionable odors?
c. Alteration of air movement, moisture, or
temperature, or any change in climate,
either locally or regionally? _ _/
2,
Yes Maybe No
3. Water. Will the proposal result in:
a_. Changes. in currents, or the course or
{' direction of water' movements?
b. Changes in-absMtibn rates, drainage
Patterns, or the rate and-amoUnt of
surface water runoff?
c. Alterations to the course or flow of
flood waters?
d. Alteration of.the direction or rate of
flow of ground waters?
e. Change in the quantity of ground waters, I
either through direct additions or with-
drawals, or through interception of an
aquifer by cuts or excavations?
f. Reduction in the amount of water other-
wise available for public water supplies?
4. Plant Life. Will the proposal result in:
a. Change in the diversity of species, or
numbers of any species of plants
(including trees, shrubs , grass , and
crops )?
b. Reduction of the numbers of any unique, rare,
or endangered species of plants? _
c. Introduction of new species of plants into
an area, or in a barrier to the normal /
replenishment of existing species? ✓
S. Animal. Life. Will the proposal result in:
a. Changes in the diversity of species, or
numbers of any species of animals (birds ,
land animals including reptiles , or
insects)?
b. Reduction of the numbers of any unique,
rare, or endangered species of animals?
C. Introduction of new species of animals
into an area, or result in a barrier to
the migration or movement of animals?
d. Deterioration to existinn W;iAi;fe
3.
Yes Mjbe No
6. Natural Resources. Will the proposal result in:
a. Increase in .•.the rate of use of any natural
resources? -
r _.
b. Depletion ofzany non-renewable natural
resource?
7. Energy. Will the proposal result in:
a. Use of substantial amounts of fuel or energy?
b. Demand upon existing sources of energy, or re-
quire the.deselopment of new sources of /
energy? ✓
8. Risk of Upset:t 'Does the proposal involve a
risk of an explosion or the release of
hazardous substances (including, but not limited
to, pesticides, oil , chemicals, or radiation) in
the event of an accident or upset conditions?
'c —
9. Econom c Loss, Will the proposal result in:
A.
a. A change in the value of property and
improvements endangered by flooding?
b. A change in the value of property and
improvementsrexposed to geologic hazards
beyond accepted co=unity risk standards?
10. Noise. Will the proposal increase existing
noise levels toethe point at which accepted
community noise and vibration levels are f
exceeded?
11. Land Use. Wi lathe proposal result in the
as need la i of the present developed or
planned land use of an area?
12. Open Space. Will the proposal lead to a
decrease in the .-amount of designated open
space? J
13. Pooulation. Will the proposal result in:
a. Alteraticn of: the location, distribution,
density, or growth rate of the human
population of the City? _
b. Change in the population distribution by
age, income, 4-eligion, racial , or ethnic t<
group, occupational class, household type? — — .
4.
Yes Maybe No
14. Employment. Will the proposal result in
additional new long-term jobs provided, or a
change in the number and per cent employed,
unemployed, and underemployed?
15. Housing. Will the proposal result in:
a. Change in number and per cent of housing
units by type (price or rent range,
zoning category, owner-occupied and rental ,
etc. ) relative to demand or to number of
families in various income classes in the City?
b. Impacts on existing housing or creation of a
demand for additional housing?
16. Transportation/Circulation. Will the proposal
resu t in:
a. Generation of additional vehicular movement?
b. Effects on existing parking facilities, or "
demand for new parking?
c. Impact upon existing transportation systems?
d. Alterations to present patterns of circulation
or movement of people and/or goods?
e. Increase in traffic hazards to motor vehicles,
bicyclists, or pedestrians?
17. Public Services. Will the proposal have an effect
upon, or resu t in a need for, new or altered
governmental services in any of the following
areas:
a. Fire protection?
b. Police protection?
c. Schools? .,
d. Parks or other recreational facilities?
e. Maintenance of public facilities, including
roads? — —
f. Other governmental services?
h�
5.
Yes Maybe No
18. Public Fiscal Balance. Will the proposal
result in a net change in government fiscal
flow (revenues less operating expenditures
and annualized capital expenditures)?
19. Utilities. Will the proposal result in a `
need for new systems, or alterations to the
following utilities:
a. Power or natural gas?
b. Communications system?
c. Water? _ —
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
20. Human Health. Will the proposal result in:
a. The creation of any health hazard or
Potential health hazard?
b. A change in the level of community health
care provided? _ —
21. Social Services. Will the proposal result in
an increased demand for provision of general
social services?
22. Aesthetics . Will the proposal result in:
a. Obstruction of any scenic vista or view
open to the public?
b. The creation of an aesthetically offensive /
site open to public view?
c. Lessening of the overall neighborhood
(or area) attractiveness, pleasantness,
and uniqueness? ✓
23. Limit and Glare. Will the proposal produce r /
new light or g are?
24. Archeolocical/Historical . Will the proposal
result �in an a Cerat70n of a significant
archeological or historical site, structure,
object, or building?
6.
Yes Maybe No
25. Mandatory Findings of Significance.
a. Does the project have the potential to degrade
the quality of the environment or to curtail
the diversity in the environment-7
b. Does the project have the potential to achieve
short-term, to the disadvantage of long-term,
environmental .goals? (A short-term impact on
the environment is one which occurs in a
relatively brief, definitive period of time
while long-term impacts will endure well into —
the future. )
c. Does the project have impacts which are indi-
vidually limited, but cumulatively considerable?
(A project may impact on two or more separate
resources where the impact on each resource
is relatively small , but where the effect of
the total of those impacts on the environment /
is significant. ) _ _ ✓
d. Does the project have environmental effects
which will cause substantial adverse effects
on human beings , either directly or indirectly?
Initial Study Prepared By:
1
r .
MINUTES
PALM DESERT PLANNING COMMISSION
MARCH 15, 1983
Chairman Wood opened the hearing.
Moved by Commissioner Kryder, seconded by Commissioner Richards, to
continue the case to meeting of April 5, 1983; carried unanimously 4-0.
C. Case N . ZOA NITIATION BY CITY OF PALM DESERT
Creation of Chapter 25.37 setting forth procedures and requirements
for development agreements.
Mr. Drell delivered the staff report. He stated that the ordinance change
was generated by the West Hills Specific Plan and the recommendation of the
joint commission and council Hillside Committee II.
Mr. Drell summarized the salient points of the ordinance, pointing out that
the agreement constituted a contract between the developer and the city.
Mr. Drell stressed that the ordinance does not in and of itself approve an
agreement but establishes the procedure. Mr. Drell also stated that any
agreement could be placed on a referendum.
Commissioner Crites asked if this was selling zoning? Mr. Drell said no.
Commissioner Crites expressed concern that commissions and councils could
act contrary to the public interest.
Mr. Diaz responded that any agreements could be put to a referendum and
was not absolved from the initiative process.
Chairman Wood opened the hearing for public testimony; there being no one
wishing to testify the public testimony portion of the hearing was closed.
Chairman Wood stated this was not a "gimmick"- but a tool that has been
available for years.
Commissioner Richards stated that the matter had been studied extensively
and this was an attempt to resolve to a sensitive problem
Moved by Commissioner Richards, seconded by Commissioner Kryder, to
adopt Planning Commission Resolution No. 845, recommending to the city
council approval of ZOA 02-83, creating Chapter 25.37 - Development
Agreements; carried 3-1 (Commissioner Crites voting Nay).
VIII. DESIGN REVIEW BOARD ITEMS
Preliminary plan approvals by the design review board at its meeting of
March 8, 1983, requiring planning commission confirmation.
A. Case No. 242 MF - EDWARD F. REED TRUST
Preliminary approval of plans for a three unit apartment on the west
side of Las Palmas Avenue between Alessandro Drive and San
Gorgonio Way.
Mr. Sawa gave the report.
Moved Commissioner Crites, seconded by Commissioner Richards, to approve
design review board's action; carried unanimously 4-0.
IX. MISCELLANEOUS ITEMS - NONE
X. ORAL COMMUNICATIONS
XI. COMMENTS
Commissioner Crites asked staff to look into the issue of required solar
findings on tentative tract maps.
-3-
CITY OF PALM DESERT
DEPARTMENT OF ENVIRONMENTAL SERVICES
STAFF REPORT
TO: Planning Commission
DATE: March 15, 1983
CASE NO: ZOA 02-83
PROPOSED AMENDMENT:
Creation of Chapter 25.37 setting forth procedures and requirements
for development agreements.
INITIATED BY:
CITY OF PALM DESERT
I. BACKGROUND:
As part of their report to the city council, the second Hillside Development
Subcommittee recommended that a separate mechanism be created to review large
projects. The committee felt that certain unforseen uses might be uniquely suited
to a particular site.
The mechanism provided by state law to review and possibly approve these
proposals is the development agreement. A development agreement is a contract
between the city and a property owner which grants vested rights in specified
features of project in exchange for adherence to a strict set of performance
standards.
The agreement must be reviewed and approved by planning commission and city
council at public hearings. A majority vote of the city council can make the
agreement subject to a referendum. Once approved it will be reviewed by the
planning commission every 6 months. Any violation of the terms of the agreement
can lead to cancellation.
As presently written the ordinance will only apply to the Hillside Planned
Residential District for projects larger than 50 acres.
II. RECOMMENDATION:
Staff recommends adoption of Planning Commission Resolution No. ,
recommending to the city council approval of Case No. ZOA 02-83, creating
Chapter 25.37 - Development Agreements.
A Resolution of the Planning Commission of the City of Palm Desert,
California, recommending approval to the City Council of an amendment to
the Zoning Ordinance Text, creating Chapter 25.37 - Development
Agreements.
III. ATTACHMENTS:
A. Draft Resolution
B. Government Code Section 65864 - 65869.5
C. Legal Notice{
Prepared by Y•� --"�-
Reviewed and Approved by
Ar
-1-
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING APPROVAL TO THE CITY COUNCIL
OF AN AMENDMENT TO THE ZONING ORDINANCE
TEXT, CREATING CHAPTER 25.37--DEVELOPMENT
AGREEMENTS.
CASE NO. ZOA 02-83
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 15th day of March, 1983, hold a duly noticed public hearing to consider an amendment
to the zoning ordinance text creating Chapter 25.37 - Development Agreements.
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the director of environmental services has determined that
the amendment is not a "project" as defined by CEQA.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said planning commission did find
the following facts and reasons to exist to recommend approval of a zoning ordinance text
amendment:
1. That the Zoning Ordinance Amendment is consistent with the objectives of
the zoning ordinance.
2. That the Zoning Ordinance Amendment is consistent with the adopted
General Plan.
3. That the Zoning Ordinance Amendment would better serve the public health,
safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, as follows:
1. That the above recitations are true and correct and constitute the
considerations of the commission in this case.
2. That it does hereby recommend a Zoning Ordinance Text Amendment, as
provided in the attached exhibit, labeled Exhibit "A".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 15th day of March, 1983, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RALPH B. WOOD, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
/lr
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "A"
CHAPTER 25.37
Development Agreements
SECTIONS:
25.37.010 Purpose
25.37.020 Eligibility
25.37.030 Contents
25.37.040 Public Hearing and Notice
25.37.050 Consistency
25.37.060 Rules, Regulations and Official Policies
25.37.070 Periodic Review
25.37.080 Amendment or Cancellation
25.37.090 Recording of Agreement
25.37.100 Modification or Suspension to Comply with State or Federal Laws
25.37.010 Purpose. The purpose of this chapter is to provide the city with greater
control and flexibility in the evaluation of protects by tailoring development standards to
the unique features of a particular site and linking them with specific development
proposals and performance criteria.
25.37.020 Eligibility. Persons or organizations entering into development
agreement with the city must have a legal or equity interest property. Project proposals
in the following zones are eligible for participation in the development agreement process
if they meet the specified findings:
A. 25.25 Hillside planned residential. On parcels larger than 50 acres a
development agreement may be approved which allows uses not listed under 25.25.020 if
the site is found to be uniquely suited as to location, topography, exposure and access to
the proposed uses and the overall design is consistent with the intent and purpose of the
HPR zone.
25.37.030 Contents. A development agreement shall specify or contain the
following:
A. Duration of agreement.
B. Permitted uses.
C. Maximum height and size of building.
D. A general site plan showing arrangement of uses, circulation and required
dedication.
E. A timetable for the completion of various project phases or other features
of the agreement.
F. Other conditions, terms, restrictions and requirements for subsequent
discretionary actions.
25.37.040 Public hearing and notice. A public hearing on an application for a
development agreement shall be held by the planning commission and city council. Notice
of intention to consider adoption of a development agreement shall be given as provided in
Chapter 25.86.
25.37.050 Form and consistency. A development agreement shall be approved by
ordinance and shall be consistent with general and specific plans. With a majority vote of
city council, the agreement may be made subject to a referendum.
25.37.060 Rules, regulations and official policies. Unless otherwise provided by
the development agreement, rules, regulations and official policies governing uses of the
land, density, design, improvement and construction standards and specifications,
applicable to development of the property subject to the agreement, shall be those rules
regulations and official policies in force at the time of the execution of the agreement. A
development agreement shall not prevent the city from subsequent actions applicable to
the property from applying new rules which do not conflict with those contained within
the agreement, nor shall a development agreement prevent the city from denying or
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PLANNING COMMISSION RESOLUTION NO.
conditionally approving any subsequent development application on the basis of such
existing or new rules, regulations and policies.
25.37.070 Periodic review. The planning commission shall review a development
agreement every 6 months, at which time the applicant or his successor shall be required
to demonstrate good faith compliance with the terms of the agreement. If as a result of
this review, the commission finds and determines, on the basis of substantial evidence,
that the applicant has not complied in good faith with terms or conditions of the
agreement, it shall recommend to the city council that the agreement be modified or
terminated. If the city council concurs with the planning commission recommendation,
the agreement shall be modified or terminated. Proceedings before the city council shall
be a noticed public hearing per Chapter 25.86.
25.37.080 Amendment or cancellation. In addition to provisions of Section
25.37.060, a development agreement may be amended or canceled in whole or in part by
mutual consent of the parties to the agreement or their successors. Procedure shall be as
described in Sections 25.37.040 and 27.37.050.
25.37.090 Recording of agreement. No later than 10 days after the city enters
into a development agreement, the city clerk shall record with the county recorder a copy
of the agreement, which shall describe the land subject thereto. From and after the time
of such recordation, the agreement shall impart such notice thereof to all persons as is
afforded by the recording laws of this state. The burdens of the agreement shall be
binding upon, and the benefits of the agreement shall inure to, all successors in interest to
the parties to the agreement.
25.37.100 Modification or suspension to comply with state or federal laws or
regulations. In the event that state or federal laws or regulations, enacted after a
development agreement has been entered into, prevent or preclude compliance with one
or more provisions of the development agreement, such provisions of the agreement shall
be modified or suspended as may be necessary to comply with such state or federal laws
or regulations.
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the conversion upon the displaced residents of the mobilehome park
\` to be converted. In determining the impact of the conversion on
displaced mobilehome park residents, the report shall address the
availability of adequate replacement space in mobilehome parks
The person proposing such change in use shall make a copy
of the report available to each resident of the mobilehome park
at least 15 days prior to the hearing on the impact report by the
advisory agency, or if there is no advisory agency, by the legislative
body.
The legislative body, or its delegated advisory agency, shall
review such report, prior to anychange of use, and may require,
as a condition of such B ,a the or entity to take steps
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to mitigate any adverse impact of the conversion on the ability of
displaced mobilehome park residents to find adequate space in a
mobilehome park.
This section establishes a minimum standard for local regula-
tion of conversions of mobilehome parks into other uses and shall
not prevent a local agency from enacting more stringent measures
(Added by Stats. 1980, Ch. 879.)
Article 2.5. Development Agreements
65964. The Legislature finds and declares that: Legislative findings
(a) The lack of certainty in the approval of devel-
opment projects can result in a waste of resources,
escalate the cost of housing and other development
to the consumer, and discourage investment in and
commitment to comprehensive planning which
would make maximum efficient utilization of re-
sources at the least economic cost to the public.
(b) Assurance to the applicant for a development pro-
ject that upon approval of the project, the applicant
may proceed with the project in accordance with
existing policies, rules and regulations, and subject
to conditions of approval, will strengthen the public
planning process, encourage private participation
in comprehensive planning, and reduce the econo-
mic costs of development,
(Added by Stats. 1979, Ch. 934.)
65865. Any city, county;or city and county, may enter into a Authority to enter
development agreement with any person having a legal or equitable agreement
interest in real property for the development of such property as
provided in this article. Every city, county, or city and county,
may, by resolution or ordinance, establish procedures and require-
ments for the consideration of'development agreements upon appli-
cation by, or on behalf of, the property owner or other person
having a legal or equitable interest in the property.
(Added by Stats. 1979, Ch. 934.)
65965.1. Procedures established pursuant to Section 65865 shall Demonstration of
include provisions requiring periodic review at least every 12 months, good faith com-
at which time the applicant, or successor in interest thereto, shall pliance
be required to demonstrate good faith compliance with the terms
of the agreement. If, as a result of such periodic review, the
local agency finds and determines, on the basis of substantial
evidence, that the applicant or successor in interest thereto has
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not complied in good faith with terms or conditions of the agree-
ment, the local agency may terminate or modify the agreement.
(Added by Stats. 1979, Ch. 934.)
Contents 65865.2. A development agreement shall specify the duration of
the agreement, the permitted 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.
(Added by Stats. 1979, Ch. 934.)
Enforceability 65865.4. Unless amended or canceled pursuant to Section 65868,
a development agreement shall be enforceable by any party thereto
notwithstanding any change in any applicable general or specific
plan, zoning, subdivision, or building regulation adopted by the city,
county, or city and county entering such agreement, which alters
or amends the rules, regulations or policies specified in Section
65866.
(Added by Stats. 1979, Ch. 934.)
Effect on new 65866. Unless otherwise provided by the development agree-
regulations ment, rules, regulations, and official policies governing permitted
uses of the land, governing density, and governing design, improve-
ment, and construction standards and specifications, applicable to
development of the property subject to a development agreement,
shall be those rules, regulations, and official policies in force at
the time of execution of the agreement. A development agreement
shall not prevent a city, county, or city and county, in subsequent
actions applicable to the property, from applying new rules, regula-
tions, and policies which do not conflict with those rules, regulations,
and policies applicable to the property as set forth herein, nor shall
a development agreement prevent a city, county, or city and county
from denying or conditionally approving any subsequent development
project application on the basis of such existing or new rules,
regulations, and policies.
(Added by Stats. 1979, Ch. 934.)
Hearings 65967. A public hearing on an application for a development
agreement shall be held by the advisory agency and by the legislative
body. Notice of intention to consider adoption of a development
agreement shall be given as provided in Sections 65854, 65854.5,
and 65856 in addition to such other notice as may be required by
law for other actions to be considered concurrently with the
development agreement.
(Added by Stats. 1979, Ch. 934.)
Scope of review/ 65867.5. A development agreement is a legislative act which shall
consistency with be approved by ordinance and is subject to referendum. A develop-
plans ment agreement shall not be approved unless the legislative body
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finds that the provisions of the agreement are consistent with the
. general plan and any applicable specific plan.
- (Added by Stats. 1979, Ch. 934.)
65868. A development agreement may be amended, or canceled Amendment
in whole or in part, by mutual consent of the parties to the
agreement or their successors in interest. Notice of intention to
amend or cancel any portion of the agreement shall be given in
the manner provided by Section 65867. An amendment to an
agreement shall be subject to the provision of Section 65967.5.
(Added by Stats. 1979, Ch. 934.)
6586&5. No later than 10 days`after a city, county, or city and Recordation
county enters into a development agreement, the clerk of the
legislative body shall record with the county recorder a copy of
the agreement, which shall describe the land subject thereto. From
and after the time of such recordation, the agreement shall impart
such notice thereof to all persons as is afforded by the recording
laws of this state. The burdens of the agreement shall be binding
upon, and the benefits of the agreement shall inure to, all successors
in interest to the parties to the agreement.
(Added by Stats. 1979, Ch. 934.)
65869. A development agreement shall not be applicable to any Exemption
development project located in an area for which a local coastal
program is required to be prepared and certified pursuant to the
requirements of Division 20 (commencing with Section 30000) of
the Public Resources Code, unless:
(1) the required local coastal program has been certi-
fied as required by such provisions prior to the
_ date on which the development agreement is en-
tered into, or
(2) in the event that the required local coastal program
has not been certified, the California Coastal Com-
mission approves such development agreement by
formal commission action.
(Added by Stats. 1979, Ch. 934.)
65869.5. In the event that state or federal laws or regulations, Modification/suspension
enacted after a development agreement has been entered into,
prevent or preclude-compliance with one or more provisions of the
development agreement, such provisions of the agreement shall be
modified or suspended as may be necessary to comply with such
state or federal laws or regulations.
(Added by Stats. 1979, Ch. 934.)
Article 3. Administration
65900. The legislative body of a city or county may, by or- Zoning administrator
dinance, create and establish either a board of zoning adjustment,
or the office of zoning administrator or both. it may also, by
ordinance, create and establish a board of appeals. Members of a
board of zoning adjustment and members of a board of appeals
may receive compensation for their attendance at each meeting of
their respective boards in a sum to be fixed by the legislative body
by which they are appointed. In addition, they may also receive
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February 24, 1983
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 02-83
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
Planning Commission to consider a zoning ordinance amendment creating Chapter 25.37 -
Development Agreements and setting forth procedures and requirements for execution of
development agreements between the city and property owners (not subject of CEQA).
SAID public hearing will be held on March 15, 1983, at 2:00 P.M., in the council chambers
at the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at
which time and place all interested persons are invited to attend and be heard.
RAMON A. DIAZ, Secretary
Palm Desert Planning Commission
PUBLISH: Palm Desert Post
March 4, 1983
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PROOF �. PUBLICATION
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PROOF OF PUBLICATION OF
PLANNING COMMIS
LOA 02-83 �Nc�to�Q��MO6
I am a citizen of the United
States and a resident of the
County aforesaid; I am over the
age of eighteen years, and not
a party to or interested in the
above entitled clatter. I am the CITY�OF.PAL DESERT
principal clerk of the printer LEOAL�NOTIC
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general circulation by the IecAlo�pAuAbuc4 I
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notices of which the annexed is secrcrerory
a printed copy, hds been published commission on°
in each regular and entire issue
of said newspaper and not in any
Supplement thereof on the following
datess to-wit : 1
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I Certify (or declare) under
penalty of perjury that the
foregoing is true and correct.
Dated March 4s 1983
at Riversides California
CITY OF PALM DESeRT
February 24, 1983
CITY OF PALM DESERT
LEGAL NOTICE
CASE Na ZOA 02-83
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
Planning Commission to consider a zoning ordinance amendment creating Chapter 25.37 -
Development Agreements and setting forth procedures and requirements for execution of
development agreements between the city and property owners (not subject of CEQA).
SAID public hearing will be held on March 15, 1983, at 2:00 P.M., in the council chambers
at the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at
which time and place all interested persons are invited to attend and be heard.
RAMON A. DIAZ, Secretary
Palm Desert Planning Commission
PUBLISH: Palm Desert Post
March 4, 1983
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