HomeMy WebLinkAboutRES 2022-024RESOLUTION NO. 2022-24
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT DECLARING AN APPROXIMATELY .49-ACRE CITY -OWNED
PARCEL LOCATED ON THE NORTH SIDE OF GERALD FORD DRIVE
BETWEEN C OOK STREET AND PORTOLA ROAD TO BE EXEMPT
SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION
54221(f)(1)(A) AND APPROVING AN EXCLUSIVE NEGOTIATION
AGREEMENT WITH PALM COMMUNITIES WITH RESPECT TO THE
PROPOSED SALE OF THE .49 ACRE PARCEL AND AN ADJACENT
APPROXIMATELY 10-ACRE CITY -OWNED PARCEL TO PALM
COMMUNITIES AND THE DEVELOPMENT OF AN AFFORDABLE
HOUSING PROJECT THEREON
RECITALS:
WHEREAS, the City of Palm Desert ("City") is the owner in fee simple of that
certain real property in the City located on the north side of Gerald Ford Drive between
Cook Street and Portola Road ('Property"), which is currently vacant, approximately 10
acres in size, and identified as APN No. 694-120-028 and
WHEREAS, the City desires to sell the Property for the development of an
affordable housing project thereon to meet the objective of Land Use Housing and Open
Space, Priority 2, which is to facilitate development of high quality housing for people of
all income levels; and
WHEREAS, Palm Communities previously submitted a proposal to the City to
purchase the Property for the purpose of developing an affordable housing project on the
Property consisting of 240 multi -family units, with 100 percent of the units restricted for
rental to very low and low income households at affordable rents ('Proposal'); and
WHEREAS, pursuant to Section 54221(b)(1) of the Surplus Land Act (Government
Code Sections 54220-54234), on May 27, 2021, the City Council adopted its Resolution
No. 2021-27, declaring the Property to be "exempt surplus land" pursuant to Government
Code Section 54221(f)(1)(A), which defines "exempt surplus land" to include surplus land
that is transferred pursuant to Government Code Section 37364; and
WHEREAS, Government Code Section 37364 authorizes a city to sell, lease,
exchange, quitclaim, convey, or otherwise dispose of real property to provide housing
affordable to persons and families of low or moderate income provided that the following
conditions are met:
(a) Not less than 80 percent of the area of the parcel will be used for the
development of housing; and
' (b) Not less than 40 percent of the total number of those housing units
developed on the parcel shall be affordable to households whose incomes are equal to,
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RESOLUTION NO. 2022-24
or less than, 75 percent of the maximum income of lower income households, and at least '
half of which shall be affordable to very low income households; and
(c) Dwelling units produced for persons and families of low or moderate
income under Government Code Section 37364 shall be restricted by regulatory
agreement to remain continually affordable to those persons and families for the longest
feasible time, but not less than 30 years, with such regulatory agreement recorded in the
office of the county recorder in which the housing development is located; and
WHEREAS, on May 26, 2021, the Department of Housing and Community
Development ("HCD") reviewed the City's adopted Resolution No. 2021-27, declaring a
Surplus Land Act exemption for the Property under Government Code Section
54221(f)(1)(A) and provided confirmation that the declaration was acceptable; and
WHEREAS, in order to accommodate the housing development in compliance with
the Proposal, Palm Communities requires an additional approximately 0.49 acre City -
owned parcel identified as a portion of APN 694-120-029 which adjoins the Property (the
"Additional Parcel"), for a total development site of approximately 10.49 acres in size. The
Property and the Additional Parcel are described on Exhibit "A" and depicted on Exhibit
"B", which are attached hereto and incorporated herein by reference; and
WHEREAS, because the proposed housing development on the approximately
10.49 acre site will still meet the requirements of Government Code Section 37364, Staff I
recommends that the City Council declare the Additional Parcel exempt surplus land
pursuant to Government Code Section 54221(f)(1)(A); and
WHEREAS, the City and Palm Communities previously entered into an Exclusive
Negotiation Agreement (Contract No. C41550A) for the purpose of negotiating on an
exclusive basis to establish the terms and conditions of an agreement for the sale of the
Property to Palm Communities and the construction of a housing development on
Property by Palm Communities in accordance with the Proposal and Government Code
Section 37364; and
WHEREAS, such Exclusive Negotiation Agreement ENA expired on March 1,
2022; and
WHEREAS, Staff recommends that the City enter into a new Exclusive
Negotiation Agreement ("ENA") to include the Property and Additional Parcel;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM
DESERT DOES HEREBY RESOLVE, FIND, DECLARE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are a substantive part of
this Resolution.
SECTION 2. The City Council hereby declares pursuant to Government Code I
Sections 54221(b) and 54221(f)(1)(A) that the Additional Parcel is exempt surplus land
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RESOLUTION NO. 2022-24
' because the City intends to sell the Property and Additional Parcel pursuant to
Government Code Section 37364 for the development of an affordable housing project
on the Property and Additional Parcel that complies with the requirements of Government
Code Section 37364.
SECTION 3. The ENA attached hereto as Exhibit "C" is hereby approved. The
City Manager or his designee, with the consent of the City Attorney, is hereby authorized
to execute and deliver, for and in the name of the City, the ENA substantially in the form
attached as Exhibit "C".
SECTION 4. Staff is hereby authorized and directed to provide a copy of this
Resolution to the Department of Housing and Community Development ("HCD") in the
manner required by HCD.
SECTION 5. The Staff and officers of the City are hereby authorized, jointly and
severally, to take such actions as they deem necessary or proper to effectuate the
purposes of this Resolution and all actions previously taken are hereby ratified.
SECTION 6. The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED by the City Council of the City of Palm
Desert, California, on this 24th day of March, 2022, by the following vote, to wit:
IAYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
�HONY J. ME JA, f=RK
CITY OF PALM D SERT, C LIFORNIA
?AN. HARNIK, MAYOR
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RESOLUTION NO. 2022-24
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RESOLUTION NO. 2022-24
I
EXHIBIT A
SHEET 1 OF 2
EXHIBIT "A"
LEGAL DESCRIPTION
THOSE PORTIONS OF PARCEL 8 AND PARCEL 9 OF PARCEL MAP NO.. 36792, IN THE CITY OF
PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN 8Y MAP ON FILE IN
BOOK 239 OF PARCEL MAPS, PAGES 9 THROUGH 15, INCLUSIVE, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 8,• THENCE ALONG THE SOUTH LINE
OF SAID PARCEL 9, SOUTH 8956'08" WEST 72.55 FEET TO A LINE THAT IS PARALLEL WITH
AND DISTANT EASTERLY 138.45 FEET, MEASURED AT RIGHT ANGLES, FROM THE EAST RIGHT
OF WAY LINE OF DINAH SHORE DRIVE, AS SHOWN ON SAID PARCEL MAP NO.. 36792; THENCE
LEAVING SAID SOUTH LINE AND ALONG SAID PARALLEL LINE, NORTH 000'00" EAST 317.21
FEET; THENCE NORTH 90'00'00" EAST 65.55 FEET TO A LINE THAT IS PARALLEL WITH AND
DISTANT WESTERLY 7.00 FEET MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID
PARCEL 8, THENCE NORTH 000'00" EAST 102.00 FEET ALONG LAST SAID PARALLEL LINE TO
A LINE 774AT IS PARALLEL WITH AND DISTANT NORTHERLY 1.00 FEET MEASURED AT RIGHT
ANGLES, FROM THE NORTH LINE OF SAID PARCEL 8,• THENCE NORTH 9000'00" EAST 275.69
FEET ALONG LAST SAID PARALLEL LINE TO AN INTERSECTION WITH THE NORTHWESTERLY
PROLONGATION OF THE NORTHEASTERLY LINE OF SAID PARCEL B. THENCE SOUTH 687529"
EAST 409.78 FEET ALONG SAID NORTHWESTERLY PROLONGATION AND SAID NOR7HEASTERLY
LINE OF PARCEL 8 TO A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF
1445.00 FEET, ]HENCE SOUTHEASTERLY ALONG SAID CURVE AND SAID NORTHEASTERLY LINE
OF PARCEL 8 AN ARC LENGTH OF 535.73 FEET, THROUGH A CENTRAL ANGLE OF 21'14'32" TO
A NON —TANGENT LINE, SAID NON —TANGENT LINE BEING PARALLEL WITH AND DISTANT
WESTERLY 36.00 FEET MEASURED AT RIGHT ANGLES, FROM THE MOST EASTERLY LINE OF
SAID PARCEL 8,• THENCE LEAING SAID NORTHEASTERLY LINE OF PARCEL 8, ALONG LAST
SAID PARALLEL LINE, SOUTH 0703'09" EAST 105.97 FEET TO A POINT ON THE
SOUTHEASTERLY LINE OF SAID PARCEL 8, BEING A NON —TANGENT CURVE CONCAVE
SOUTHEASTERLY, HAONG A RADIUS OF 73.00 FEET, A RADIAL LINE TO SAID POINT BEARS
NORTH 3636'07" WEST; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 8 THE
FOLLOWING FIVE (5) COURSES SOUTHERLY ALONG SAID NON —TANGENT CURVE AN ARC
LENGTH OF 26..61 FEET THROUGH A CEN7RAL ANGLE OF 2227'11" TO THE BEGINNING OF A
REVERSE CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 60.00 FEET, A LINE
RADIAL TO SAID BEGINNING OF CURVE BEARS SOUTH 59'03'18" EAST' THENCE
SOUTHWE57ERLY LONG LAST SAID CURVE AN ARC LENGTH OF 38.39 FEET THROUGH A
CEN7RAL ANGLE OF 3639'18" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 336.00 FEET, A LINE RADIAL TO LAST SAID BEGINNING
OF CURVE BEARS NORTH 2224100" WEST; THENCE SOUTHEASTERLY ALONG LAST SAID CURVE
AN ARC LENGTH OF 120.80 FEET THROUGH A CENTRAL ANGLE OF 203600;• THENCE SOUTH
47100100" WEST 102.69 FEET; THENCE NORTH 897JJ4" WEST 25.84 FEET 70 THE BEGINNING
OF A NON —TANGENT CURVE, CONCAVE SOUTHEA57ERLY, HAVNG A RADIUS OF 1075.00 FEET,
A LINE RADIAL TO SAID BEGINNING OF CURVE BEARS NORTH 44'0738" EAST; THENCE ALONG
THE SOUTHERLY LINE OF SAID PARCEL 8 THE FOLLOWING TWO (2) COURSES NORTHWE57ERLY
ALONG LAST SAID CURVE AN ARC LENGTH OF 829.14 FEET, THROUGH A CENTRAL ANGLE OF
447130 ;• THENCE SOUTH 8956'08" WEST 112.85 FEET TO SAID SOUTHWEST CORNER OF
PARCEL 8 AND THE POINT OF BEGINNING
HAVING AN AREA OF 10.485 ACRES
EXHIBIT 'B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED
�UNDER
MY SUPERVISION:
03/08112022
MICHAEL NAVARRO, L.S. 7848 LICENSE EXPIRES 1213112022
' THIS DESCRIPTION IS NOT FOR SUBDIVISION PURPOSES
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RESOLUTION NO. 2022-24
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EXHIBIT B
EXHIBIT "B"
$ PARCEL 9
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NORM LINE OF
PARCEL 8
REST LINE OF
PARCEL 8
NELY LINE
PARCM 8 PARCEL
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PARCEL 8
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R=7300'
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L5 (S47W'00'W 10269)
L=MJ92
L6 (N897J'J4'W 25.84)
L7 (S8956'08'W 112,85)
(J MOO RECORD DATA PER PARCEL MAP N0: J6795, AMR. 2J9/9-15
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SHEET 2 OF 2
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RESOLUTION NO. 2022-24
I
EXHIBIT C
EXCLUSIVE NEGOTIATING AGREEMENT
THIS EXCLUSIVE NEGOTIATION AGREEMENT (the "Agreement") is entered into
, 2022, by and between the City of Palm Desert, a municipal corporation (the
"City") and Palm Communities, a California corporation (the "Developer"), on the terms and
provisions set forth below.
THE CITY AND THE DEVELOPER HEREBY AGREE AS FOLLOWS:
[§100] Neaotiations
A. [§101] Good Faith Neaotiations
The City and the Developer, acknowledging that time is of the essence, agree for
the Negotiation Period (as defined below) to negotiate diligently and in good faith the terms
and conditions pursuant to which the City may dispose of and the Developer may develop
a certain +/-10.49 acres of real property (the "Site"). The Site is more particularly
described in Exhibit A, "Legal Description," attached hereto and incorporated herein by
reference, and is shown on the "Map of the Site," attached hereto as Exhibit B and
incorporated herein by reference. Except as otherwise provided below, the City agrees,
that during the Negotiation Period it will not negotiate with any other person or entity
' regarding development of the Site or any portion thereof.
Among the issues to be addressed during the Negotiation Period are: (1) the terms
and conditions of conveyance of the Site to Developer (2) sale price for the Site; (3)
Developer's program to develop the Site; (4) design and aesthetic considerations of the
development of the Site, including but not limited to configuration of the development, site
density, site circulation and access to surrounding properties including a draft specific
plan; (5) all planning and land entitlement processes and requirements, including
preparation of a master plan and a specific plan approval process; (6) all permitting and
environmental reviews and processes; and (7) other City and Palm Desert Housing
Authority requirements pertaining to the development and use of the Site including
financial assistance and affordability restrictions.
B. [§102] Duration of this Agreement: Effective Date
1. This Agreement (the "Negotiation Period") shall expire on June 30, 2022.
2. The City Manager may, in his or her sole discretion, agree to extend the
Negotiation Period one (1) time for up to ninety (90) days to allow additional time for the
parties to come to an agreement on the issues described in Section 101, as well as any
other relevant issues.
3. In the event the Developer has not continued to negotiate diligently and in
good faith, the City shall give written notice thereof to the Developer who shall then have
' ten (10) working days to commence negotiating in good faith. Following the receipt of
such notice and the failure of the Developer to thereafter commence negotiating in good
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RESOLUTION NO. 2022-24
faith within such ten (10) working days, this Agreement may be terminated by the City '
Manager.
4. This Agreement will be superseded upon approval by the City and the
Developer of a Disposition and Development Agreement ("DDA").
C. [§103] Deposit
The City and Developer acknowledge that the Developer has deposited with the
City a deposit (the "Deposit") in the amount of two thousand five hundred dollars
($2,500.00) which shall be used by the City to pay for the cost of an appraisal of the Site.
II. [§200] Development Concept
A. [§201] Scope of Development
The negotiations undertaken pursuant hereto shall be based on a development
concept that shall include the development on the Site as an affordable multi -family
residential subdivision which complies with Government Code Section 37364.
Not later than 60 days of the date of execution, the Developer shall do the
following:
• Perform due diligence on the Site.
• Submit a preliminary schedule of a proposed closing and construction
timeline. '
• Submit a preliminary pro forma, including funding sources.
• Reimburse the City for any amount by which the cost of the appraisal of the
Site exceeds two thousand five hundred dollars ($2,500.00).
As soon as practicable following the date of execution hereof, the Developer shall
commence and complete the actions on the Developer's part described in Attachment 1
attached hereto and incorporated herein by this reference.
B. [§202] Developer's Findinas. Determinations Studies and Reports
Upon reasonable notice, and as from time -to -time requested by the City, the
Developer agrees to make oral and written progress reports advising the City on all
matters and all studies being made by the Developer. In the event the City and the
Developer do not enter into a DDA, the City may request that the Developer submit to the
City copies of all studies and reports prepared for the proposed development of the Site
by or for the Developer, to the extent the Developer is legally able to do so, and the City
may request the right to the use and benefit from all such studies and reports. The
Developer shall not unreasonably withhold or delay its consent to the City's access and
use of such studies and reports.
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RESOLUTION NO. 2022-24
' III. [§300] Sale of the Site
The sale price and/or other consideration to be paid by the Developer for the Site
under the DDA will be equal to at least the appraised fair market value of the Site, and will
be subject to approval by the City Council after a public meeting(s) or public hearing(s) as
required by law.
IV. [§400] The Develooer
A. [§401] Office of the Develooer
The Principal office of the Developer is:
Danavon L. Horn, President
Palm Communities
100 Pacifica, suite 205
Irvine, CA 92618
Attn: Danavon Horn, President
B. [§402] Members of the Developer
The managing member of the Developer is:
' Danavon Horn, President
C. [§403] Full Disclosure
The Developer has made full disclosure to the City of its principals, officers, major
stockholders, major partners, joint venturers, key managerial employees and other
associates, and all other material information concerning the Developer and its associates.
The Developer shall promptly notify the City Manager in writing of any significant change
in the principals, associates, partners, joint venturers, negotiators, development manager,
consultants, professional and directly -involved managerial employees of the Developer.
Notwithstanding the foregoing, the Developer reserves the right at its discretion to join and
associate with other entities in joint ventures, partnerships or otherwise for the purpose of
developing the Site, provided that the Developer retains management and control of such
entities and remains fully responsible to the City hereunder.
V. [§500] Full Disclosure
The Developer will be required to make and maintain full disclosure to the City of
its methods of financing to be used in the acquisition and development of the Site.
VI. [§600] Citv's Resoonsibilities
A. [§6011 Citv Assistance and C000eration
' The City shall cooperate fully in providing the Developer with appropriate
information and assistance for development of the Site, including, but not limited to the
following:
• Appraisal of the Site, as funded by the Developer as herein provided.
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RESOLUTION NO. 2022-24
• Provide a copy of existing Title Report.
• Provide a right of access to the Site for due diligence investigations, pursuant I
to a right of entry agreement.
B. [§602] Citv and Citv Council's Public Meetina(s) or Public Hearing(s)
A DDA resulting from the negotiations hereunder shall become effective only after
and if the DDA has been considered and approved by the City Council in the exercise of
its sole discretion at a public meeting(s) or public hearing(s), as applicable, called for such
purpose.
VII. [§700] Real Estate Commissions
The City shall not be liable for any real estate commissions or brokerage fees
which may result from this Agreement or a DDA.
Vill. [§800] Limitations of this Agreement
By its execution of this Agreement, the City is not committing itself to or agreeing
to undertake: (1) the sale of land; or (2) any other acts or activities requiring the
subsequent independent exercise of discretion by the City or any department thereof.
This Agreement does not constitute a disposition of property or exercise of control
over property by the City. Execution of this Agreement by the City is merely an agreement
to enter into a period of exclusive negotiations according to the terms hereof, reserving I
final discretion and approval by the City as to any DDA and all land decisions in connection
therewith.
[SIGNATURES ON FOLLOWING PAGE]
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RESOLUTION NO. 2022-24
' IN WITNESS WHEREOF, each of the parties has caused this Agreement to be executed on the
day and year first above written.
CITY OF PALM DESERT, PALM COMMUNITIES,
a municipal corporation a California corporation
By: By:
L. Todd Hileman Danavon L. Horn
City Manager President
ATTEST:
Niamh M. Ortega
Deputy City Clerk
APPROVED AS TO FORM:
City Special Counsel
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RESOLUTION NO. 2022-24
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual '
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On 20_, before me, . Notary Public,
personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
'
Though the information below is not required by law, it may prove valuable to persons relying on
the document and could prevent fraudulent removal and reattachment of this form to another
document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
❑ Individual DOCUMENT
❑ Corporate Officer
Title(s) Title or Type of Document
❑ Partner(s) ❑ Limited
❑ General Number of Pages
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator Date of Document
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
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RESOLUTION NO. 2022-24
EXHIBIT A
' LEGAL DESCRIPTION
EXHIBIT "A" SHEET I OF 2
LEGAL DESCRIPTION
THOSE PORTIONS OF PARCEL 8 AND PARCEL 9 OF PARCEL MAP NO.. 36792, IN THE CITY OF
PALM DESERT, COUNTY OF RIVERSIDE, STA TE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN
BOOK 239 OF PARCEL MAPS, PAGES 9 THROUGH 15, INCLUSIVE, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 8; THENCE ALONG THE SOUTH LINE
OF SAID PARCEL 9, SOUTH 8956'08" WEST 72.55 FEET TO A LINE THAT IS PARALLEL WITH
AND DISTANT EASTERLY 138.45 FEET, MEASURED AT RIGHT ANGLES, FROM THE EAST RIGHT
OF WAY LINE OF DINAH SHORE DRIVE, AS SHOWN ON SAID PARCEL MAP NO.. 36792,• THENCE
LEAVING SAID SOUTH LINE AND ALONG SAID PARALLEL LINE, NORTH 0100100" EAST 317.21
FEET' THENCE NORTH 90b0100" EAST 65.55 FEET TO A LINE THAT IS PARALLEL W17H AND
DISTANT WESTERLY 7.00 FEET MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID
PARCEL A' THENCE NORTH 000100" EAST t0200 FEET ALONG LAST SAID PARALLEL LINE TO
A LINE THAT IS PARALLEL WITH AND DISTANT NORTHERLY 1.00 FEET, MEASURED AT RIGHT
ANGLES, FROM THE NORTH LINE OF SAID PARCEL 8; THENCE NORTH 9000'00" EAST 275.69
FEET ALONG LAST SAID PARALLEL LINE TO AN IN7ERSEC7701V WITH THE NORTHWESTERLY
PROLONGATON OF THE NORTHEASTERLY LINE OF SAID PARCEL 8,• THENCE SOUTH 687529'
EAST 409.78 FEET ALONG SAID NORTHWESTERLY PROLONGATION AND SAID NORTHEASTERLY
LINE OF PARCEL 8 TO A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF
1445.00 FEET THENCE SOUTHEASTERLY ALONG SAID CURVE AND SAID NORTHEASTERLY LINE
OF PARCEL 8 AN ARC LENGTH OF 53573 FEET, THROUGH A CENTRAL ANGLE OF 2174J2" TO
' A NON -TANGENT LINE, SAID NON -TANGENT LINE BEING PARALLEL WITH AND DISTANT
WESTERLY 36.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE MOST EASTERLY LINE OF
SAID PARCEL 8,• THENCE LEAVING SAID NORTHEA57ERLY LINE OF PARCEL 8, ALONG LAST
SAID PARALLEL LINE, SOUTH 0703109" EAST 105.97 FEET TO A POINT ON THE
SOUTHEASTERLY LINE OF SAID PARCEL 8, BEING A NON -TANGENT CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 73.00 FEET A RADIAL LINE TO SAID POINT BEARS
NORTH 36J6'07" WEST,• THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 8 THE
FOLLOWNG FIVE (5) COURSES SOUTHERLY ALONG SAID NON -TANGENT CURVE AN ARC
LENGTH OF 28.61 FEET, THROUGH A CENTRAL ANGLE OF 2227'11" TO THE BEGINNING OF A
REVERSE CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 60.00 FEET, A LINE
RADIAL TO SAID BEGINNING OF CURVE BEARS SOUTH 59D3'18" EAST; THENCE
SOUTHWESTERLY LONG LAST SAID CURVE AN ARC LENGTH OF 38.39 FEET THROUGH A
CENTRAL ANGLE OF 3639'18" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 336.00 FEET A LINE RADIAL TO LAST SAID BEGINNING
OF CURVE BEARS NORTH 222400" WEST- THENCE SOUTHEASTERLY ALONG LAST SAID CURVE
AN ARC LENGTH OF 120.80 FEET, THROUGH A CEN7RAL ANGLE OF 20J6'00� THENCE SOUTH
47*00'00" WEST 102.69 FEET THENCE NORTH 8973'34' WEST 25.64 FEET TO THE BEGINNING
OF A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1075.00 FEET
A LINE RADIAL TO SAID BEGINNING OF CURVE BEARS NORTH 440738" EAST,• THENCE ALONG
THE SOUTHERLY LINE OF SAID PARCEL 8 THE FOLLOWING TWO (2) COURSES NORTHWESTERLY
ALONG LAST SAID CURVE AN ARC LENGTH OF 829.14 FEET, THROUGH A CENTRAL ANGLE OF
4471'JO" THENCE SOUTH 8956'08' WEST 112.85 FEET TO SAID SOUTHWEST CORNER OF
PARCEL 8 AND THE POINT OF BEGINNING.
HAVING AN AREA OF 10.485 ACRES
EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED jUNDER MY SUPERWSION.-
031081202.2
MICHAEL NAVARRO, L.S. 7849 LICENSE EXPIRES 121JI12022
I
THIS DESCRIPTION IS NOT FOR SUBDIVISION PURPOSES
Exhibit A
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RESOLUTION NO. 2022-24
EXHIBIT B
EXHIBIT "B"
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RESOLUTION NO. 2022-24
ATTACHMENT
' Palm Communities has submitted a formal planning application ("Entitlement Application") for
consideration and approval with the Architectural Review Commission, Planning Commission,
and City Council. A complete Entitlement Application submittal requires that all items identified
on Exhibit A of this attachment be met.
The financial analysis review will be initiated upon execution of the ENA. At that time the Palm
Desert Housing Authority ("Authority") consultant, Keyser Marston Associates ("KMA"), will
endeavor to complete the review within 3 weeks from that date, provided any additional
information requested by KMA is promptly delivered. As a preliminary review of the responses
and information provided on October 21, 2021, the following items need to be clarified and
provided for the Financial Analysis review:
The 10 acre portion of the Site (APN 694-120-028) as described in the Exclusive
Negotiation Agreement ("ENA") is subject to a declaration pursuant to Government
Code Sections 54221(b) and 54221(f)(1)(A) that it is exempt surplus land (City
Resolution 2021-21). The development concept being proposed anticipates 10.49
acres of land. The disposition of the additional 0.49 acres, a portion of APN 694-
120-029, is subject to the Surplus Land Act ("SLA") and it will require the City to
initiate the process required under the SLA and obtain final approval from
California Department of Housing and Community Development ("HCD"). Palm
Communities must identify and submit a legal description of the 0.49 acres in order
for the City to initiate the SLA process.
' 2. The Authority had stated that it was very concerned that the per unit costs for this
Project were so much higher than a recent Authority approved project. The
Developer will provide more information on why the costs of the referred Riverside
project should be the basis for the costs estimate for this proposed project. It is
also recommended that the Developer receive estimates from other, non -related,
contractors.
3. The Developer needs to include the fair market value of the land in the pro forma.
Since the Site size has increased, $3,147,000 should be the assumed purchase
price at this time. The purchase price will be subject to adjustment to reflect the
appraisal.
4. Given that Low and Moderate Income Housing Asset Funds will be used by the
Housing Authority to fill the financial gap, the rental restrictions per State law
(previously provided to the Developer) will be imposed in addition to the TCAC
requirements. The pro forma provided assumes that only TCAC restrictions will
be imposed.
In addition, the Developer must submit a complete Precise Plan application, Tentative Parcel Map
application, and Environmental Assessment Form (see Exhibit A for project entitlement
application ,requirements).
Attachment 1
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RESOLUTION NO. 2022-24
EXHIBIT A
Proposed Palm Villas at Millennium Project
Project Application Requirements
1) Precise Plan (PP) Application & Fees
2) Tentative Parcel Map (TPM) Application & Fees
3) Environmental Assessment (EA) Form & Fees
Precise Plan (PP)*
$
4,019.00
Tentative Parcel Map (TPM)*
-
Environmental Assessment (EA)
$
276.00
Preliminary WOMP
$
3,700.00
Total Fee
$
7,995.00
*The fee for the PP and TPM is combined
1) Precise Plan (PP)
Completed Precise Plan Application and submittal of all required check list of items including
execution of all required signatures.
Here are preliminary comments for your proposed project:
a. Site Plan
i. Ensure all dimensions are labeled for Technology, Gerald Ford, Dinah Shore.
Identify whether existing or proposed, including any dedications for site access.
ii. Your plan shows access and driveway dimensions, however, also include
dimensions of where right-of-way is proposed for access dedication to each
parcel.
iii. Label dimension of stalls. Refer to City Council Reso. 01-5 for minimum
standards. Parking spaces cannot overhang over a sidewalk / pedestrian
walkway / path of travel. Sheet 1 identifies two different standards for "standard
spaces" and should clarify where each is used. Striping details must match
requirements of resolution.
iv. Map Legend should include the following:
1. Required and proposed number of parking spaces (including handicap) —
Reference California Government Code Section for reduction to clarify that
reduction for affordable is based on State requirement of 1.5 spaces for
two- and three -bedroom units. Non -affordable units must comply with the
minimum parking established by the Millennium Specific Plan and be
reflected in the parking summary.
2. Lot coverage (percentage of land covered by building(s)) — Revise table to
indicate max. allowable coverage is 50% per PR-22 zoning and Millennium
Specific Plan.
Attachment 1
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P6401-0001 \253373M. doc
RESOLUTION NO. 2022-24
3. Landscape percentage in and adjacent to the parking area — Indicate
common open area per unit. Minimum requirement is 250 square feet per
unit (See Millennium Specific Plan Page 25).
b. Architectural Elevations
i. Show screening for all roof -mounted equipment
1. HVAC and roof ladders will need to be screened. Downspouts and gutters
should be shown if proposed.
ii. Colored elevations, rendering and/or perspectives (separate sheet)
1. Provide elevations for all structures including the carports, and trash
enclosures.
c. Floor Plans
i. Provide dimensions of interior rears, including the utility rooms to plan for
appropriate sizing based on utilities.
ii. Label utility rooms on floor plans for the apartment buildings.
iii. Ensure the building pop -outs are labeled.
1. Staff recommends providing spot details for architectural elements for
exterior details such as foam and window trim around doors and windows,
cross section showing typical window recessing, and a reference showing
the building plane change that occurs between the upper stories, and roof
eave and fascia.
d.
Roof Plan
'
1. Staff recommends indicating that roof vents are painted to match tile roof.
e.
Building Code Analysis
f.
Cross Sections
1. Label height of street curb on cross sections. Provide at multiple points on
site.
g.
Landscape Plans
1. Show location and distribution of shrubs on landscape planting plan.
Identify the type and location of all proposed ground covers.
2. Minimum size for shrubs is 5-gallon.
3. Show info for landscape lighting.
h.
Preliminary Grading and Utility Plans
I.
Water Quality Management Plan (WQMP)
j.
Exterior Lighting Plan
k.
Color Material Board
i. Board or sheet (maximum size of 8" x 13" by 3/8" thick) containing precise color
swatches and material samples.
ii. Provide physical sample board with submittal.
I.
1000-Foot Radius Map
i. 1,000-foot radius map for noticing due to the project site area exceeding 5-
acres.
'
m.
Property Owner Information:
Attachment 1
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P6401-0001 \253373M. doc
RESOLUTION NO. 2022-24
i. (3) copies of adjacent property owners and their addresses for all parcels within
1,000 feet of the proposed project. I
n. Completed Site Address Form
2) Tentative Parcel Map (TPM)
Complete the Tentative Parcel Map Application and submittal of all required check list of items
including execution of all required signatures.
3) Environmental Assessment (EA)
Complete the Environmental Assessment Form, and submittal of all required check list of items
including execution of all required signatures:
a. Attach any additional studies which elaborate (Millennium Specific Plan Mitigated
Negative Declaration required Noise Impact Study, etc.).
b. The Noise Study shall be based on existing conditions at the time of application.
4) Additional Plan submittals required for this project:
a. Fence and Wall Exhibit — provide a site plan labeling proposed fence and wall exhibit to
clearly show the proposed location and type for all fences or walls. This plan should also
cover the temporary fence for phasing as well.
b. A Project Phasing Map — A map and any necessary documentation that establishes the
proposed phasing for all site improvements, off -site improvements, and utilities.
c. Community Engagement Plan — provide the community engagement plan within 1,000 I
feet from your property for staff's review and approval.
5) Recommended submittal items for this project:
a. Recommend that you provide additional three-dimensional (313) renderings/perspectives.
b. Provide additional line of sight perspectives.
Show project buildings as viewed from adjacent public streets, communities, etc. Renderings
which show the view of the buildings in relation to surrounding mountain views are recommended
when presenting to public and surrounding communities.
Attachment 1
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r
P6401-0001\2533730V2.doc