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CUP 90-4 - 15 Unit Senior Housing 73-695 Santa Rosa Way
CITY OF PALM DESERT DEPARTMENT OF COMMJNITY DEVELOPMENT TRANRAITIAL LEITER I. TO: Honorable Mayor and City Council II. REQUEST: Approval of a precise plan, development agreement and negative declaration of environmental impact to construct a 15 unit senior housing project at 73-695 Santa Rosa Way. III. APPLICANT: Webco Pacific 73-020 El Paseo Palm Desert, CA 92260 IV. CASE NO: CUP 90-4 and Development Agreement V. DATE: May 10, 1990 VI. CONTENTS: A. Staff Reccomendation. B. Draft Resolution No. 90-48 . C. Draft Ordinance No. 606 . D. Planning Cannission Minutes involving Case No. CUP 90-4. E. Planning Ca-mission Staff Report dated April 17, 1990. F. Related maps and/or exhibits. A. STAFF RECCMENDATION: Approve the findings and adopt Resolution No. 90-48 and Ordinance No. Prepared by: C. Reviewed and Approved by: ,6P cs/tm CITY COUNCIL ACTION: APPROVED ,/* DENIED RECEIVED CPA-Aktt:0-k440- 1 ald,(21.10Ac..t6( P11- 7(,i? MEETING L. 110 94_ AYES: A-VA/sit) NOES: ABSENT: ABSTAIN; VERIFIED BY: Original on Fire wi City Clerk' s Office RE80TJ 1'JCN Np, 9 0-4 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, DEVELOPMENT AGREEMENT AND CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A FIFTEEN UNIT SENIOR HOUSING PROJECT AT 73-695 SANTA ROSA WAY. CASE NO. CUP 90-4 WHEREAS, the City Council of the City of Palm Desert, California, did on the 10th day of May, 1990, hold a duly noticed public hearing to consider the request of WEBCO PACIFIC to consider the above mentioned project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89, " in that the director of community development has determined that the project will rot have a significant negative impact on the environment; and WHEREAS, at said public hearing, u n hearing upon and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts and reasons to exist to justify granting approval of said precise plan: 1. The design of the project will not substantially depreciate prop erty values, nor be materially injurious to properties or improvements in the vicinity. 2. The project design will not unreasonably interfere with the use or enjoyment of property in the vicinit y by the occupants thereof for lawful purposes. 3. The project design will not endanger the public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the city council in this case. 2. That approval of CUP 90-4 and Development Agreement is hereby approved, subject to the attached conditions. RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 1990, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD A. CRITES, Mayor Arri ST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California CS/tm 2 RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. CUP 90-4 Department of Cannamity Development: 1. The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. 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. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Palm Desert Water & Services 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. 5. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and department of community development. 6. All future occupants of the buildings shall comply with parking requirements of the zoning ordinance. 7. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 8. Project is subject to Art in Public Places fee per Ordinance No. 473. 3 RESOLUTION IO. 9. Final landscape plans shall comply with parking lot tree planting master plan. 10. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. 11. Prior to issuance of a building permit the applicant shall enter into a development agreement with the City of Palm Desert providing two affordable units within the project. 12. A deed restriction shall be added to the property limiting occupants to a minimum age of 62 years. The city shall have the ability to audit the property owners rental records at any time to insure compliance. 13. Approval of this precise plan is contingent upon execution and recordation of an acceptable development agreement between the city and property owner. 14. Patio privacy walls shall be stucco, not wood. 15. A minimum 3.5 foot earth mound shall be provided to screen parking. 16. New 6 foot block walls shall be provided on the east and west property lines. 17. Appropriate access to the south end gate shall be designed to provide for the grade differential between the properties. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code, shall be paid prior to issuance of a grading permit. 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of a grading permit. 3. Any storm drain construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works. 4 •A4aadoad sTg4 Blues 04 paMOTTe aq o; goeoadde AeManTap euo ATuo 144TM m{aof oTTgnd go ;uauaedea ago go suoT4eoT;Toads egg 04 eq TTegs sAAManTap go uoT4eooT pup aaqunu 'azTS 'ZT '4Tuuad BuTpea6 eqq go eouenssT egg o; aoTad sNaoM oTTgnd go 4ueuraaedeQ age Aq penoadde pue o; pa;;Tugns aq TTegs 'aaeuT6ue STTOS peaa;sT6aa e Aq pe;onpuoo 'uoT;e6T;sanuT sTTos AzeuTurriaid e;aTduroo v 'TT •sNaoo oTTgnd 3o ;ueugaedeQ ego Aq s;Tui ed ;ueu goeoaoue piTen Jo eouenssT eq; pue s>{aoM oTTgnd go ao;oeaTQ eq;. 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Grading permit issuance shall be subject to the dedication of an additional five (5) feet of Right-of-Way on Santa Rosa Way for a total half-street Right-of-Way of thirty (30) feet. As part of the Right-of- way dedication process, the applicant shall either provide for the pay- off or reapportionment of any city assessments against the subject properties. 14. Building pad elevations are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. Riverside Qxmty Fire Department: 1. With respect to the conditions of approval regarding the above referenced plan check the fire department recommends the following fire protection measures be provided in accordance with city municipal code, NFPA, UFC, and UBC and/or recognized fire protection standards: The fire department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per Uniform Fire Code Sec. 10.301C. 2. Provide, or show there exists, a water system capable of providing a potential gallon per minute 1500 for single family, 2500 for multifamily, and 3000 for commercial. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for 2 hours duration at 20 psi residual operating pressure. 3. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 4. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2-1/2" x 2-1/2"), located not less than 25' nor more than 200' single family, 165' multifamily, and 150' commercial from any portion of the building(s) as measured along approved vehicular travelways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. 5. Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow or arrange field inspection by the fire department prior to request for final inspection. 6 RESOLUTION NJ. 6. A combination of on-site and off-site Super fire hydrants (6" x 4" x 2- 1/2" x 2-1/2") will be required, located not less than 25' or more than 200' single family, 165' multifamily, and 150' camiercial fran any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 7. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separations, or built-in fire protection measures. Fire sprinklers. 8. Prior to the application fo r or a building permit, the developer shall furnish the original and two copies of the water system plan to the county fire department for review. No building permit shall be issued until the water system plan has been approved by the county fire chief. Upon approval, the original will be returned. One copy will be sent to the responsible inspecting authority. Plans shall conform to fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed by a registered civil engineer and may be signed by the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Deparrtment." 9. Install a complete fire sprinkler system per NFPA 13, 13R. The post indicator valve and fire department connection shall be located to the fruzzt, not less than 25' fran the building and within 50' of an approved hydrant. Building 1 draft stop attic at units for 13R = no attic sprinklers. 10. Install a fire alarm (waterflow) as required by the Uniform Building Code, 3803, for sprinkler system. 11. Install tamper alarm on supply valve for sprinkler systems. 12. Certain designated areas will be required to be maintained as fire lanes. 13. Install a fire alarm as required by the Uniform Building Code and/or Uniform Fire Code. Smoke detectors must be hard wired. 14. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75' walking distance. 7 RESOLUTION NO. 15. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around (55' in industrial developments). Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 10' diameter. 16. The minimum width of interior driveways for multi-family or apartment complexes shall be ok as drawn if certain curbs are red curb, no parking. As Drawn: *a. 24 feet wide when serving less than 100 units, no parallel parking, carports or garages allowed on one side only. b. 28 feet wide when serving between 100 and 300 units: carports or garages allowed on both sides, no parallel parking. c. 32 feet wide when serving over 300 units or when parallel parking is allowed on one side. d. 36 feet wide when parallel parking is allowed on both sides. 17. Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the fire department. All conLLulled access devices that are power operated shall have a radio-controlled over-ride system capable of opening the gate when activated by a special transmitter located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices that are not power operated shall also be approved by the fire department. Minimum opening width shall be 12' , with a minimum vertical clearance of 13'6". 18. Occupancy separation will be required as per the Uniform Building Code, Sec. 503. One hour walls between units. 19. A dead end single access over 500' in length may require a secondary access, sprinklers or other mitigative measure. 20. Install Panic Hardware and exit signs as per Chapter 33, Sections of the Uniform Building Code. 21. Contact the fire department for a final inspection prior to occupancy. 8 RESOLUTION NO. 22. All new residences/dwellings are required to have illuminated residential addresses meeting both city and fire department approval. Shake shingle roofs are no longer permitted in the cities of Indian Wells, Rancho Mirage or Palm Desert. 23. An approved NFPA 13R sprinkler system is required for all buildings over 5000 square feet in size. Area separation will not exempt the building fran this requirement. Exemption: One and two family residences. 24. A second access is required. This can be accomplished by two main access points from main roadway or an emergency gated access into an adjoining development. 25. The 13R sprinkler system will be permitted for building 1 if draft stopped between each unit at the attic space. No storage is permitted in attic spaces that are not sprinklered. 26. As per earlier meeting with fire department developer agreed to open driveway width to fence line between building 2 and trash enclosure. 27. If a fire hydrant within 200 feet front south end of buildings is not accessible through at least a 6 foot wide gate, we will require a hydrant to be installed on site. The hydrant in question would be in the area of senior citizen facility. CS/tm 9 ORDINANCE NO. 606 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND WEBCO PACIFIC TO ALLOW CONSTRUCPION OF A 15 UNIT SENIOR HOUSING PROJECT AT SANTA ROSA WAY. CASE NO. DEVELOPMENT AGREEMENT FOR CUP 90-4 WHEREAS, the City Council of the City of Palm Desert, California, did on the 10th day of May, 1990, hold a duly noticed public hearing to consider the request of WEBCO PACIFIC to consider the above mentioned project; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said city council did find the following: 1. That the development agreement provide for the development to make affordable two units to lower income senior households and one unit to moderate income senior households. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the city council in this case. 2. That the City Council does hereby approve the Development Agreement, Exhibit "A", for Case No. CUP 90-4 between the City of Palm Desert and Ray Patscheck and Bill Rossworn. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 1990, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD A. CRITES, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California CS/tm ORDINANCE NO. EXHIBIT "A" SENIOR HOUSING DEVFIILP AGR BETWEEN THE CITY OF PALM DESERT AND WEBOD PACIFIC THIS AGREEMENT is entered into this , day of 1990, between Webco Pacific, (hereinafter "Property Owner") and the City of Palm Desert, (hereinafter "City"), a municipal corporation organized and existing under the laws of the State of California. RECITALS This Agreement is predicated upon the following facts: A. Government Code Sections 65864-65869.5 authorize the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property; B. Property Owner has requested the City to consider entering into a development agreement and proceedings have been taken in accordance with Government Code Sections 65864-65869.5; C. The City Council of City has found that the development agreement is consistent with the general plan (and the Palma Village Specific Plan); and D. On , 19 , the City Council of City adopted Ordinance No. approving the development agreement with Property Owner and the ordinance thereafter took effect on , 19 . 2 ORDINANCE II). NOW, THEREFORE, the parties agree: 1. Definitions. In this Agreement, unless the context otherwise requires: (a) "City" is the City of Palm Desert. • (b) "Project" is the development proposed to be approved by the City pursuant to Conditional Use Permit 90-4. (c) "Property Owner" means the person having a legal or equitable interest in the real property as described in paragraph (3) and includes the Property Owner's successor in interest; (d) "Real property" is the real property referred to in paragraph (3). (e) "Useful Life of the Project" is the greater of thirty (30) years or the period of time which the Project remains habitable, with reasonable care and maintenance, as determined by City. (f) "Senior Citizen Household" means a maximum two person household of which all members are 62 years of age or older. (g) "Lower Income Senior Citizen Household" means senior citizen households whose gross income does not exceed 80% of the median income for one and two person households for Riverside County based upon financial and demographic data received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is included in Exhibit "B" and shall be updated automatically as current data is obtained from HUD. If in the future more relevant data is made available 3 ORDINANCE NO. specifically applicable to senior citizens by (HUD) or other officially recognized agencies, such data shall became the basis of this Agreement. (h) "Nbderate Income Senior Citizen Household" means senior citizen households whose income does not exceed 100% of the median income. 2. Exhibits. The following documents are referred to in this Agreement, attached and made a part by this reference: Exhibit Designation Description A Real property B Palm Desert Affordable Housing Income and Rent Schedule, January 1990 C Conditional Use Permit 90-4 3. Description of real property. The real property which is the subject of this Agreement is described in Exhibit A. 4. Interest of Property Owner. Property Owner represents that he has a full legal and equitable interest in the real property and that all other persons holding legal or equitable interests in the property are to be bound by the agreement. 5. Assignment. The rights of the Property Owner under this Agreement may not be transferred or assigned unless the written consent of the City if first obtained. 6. Binding effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors in interest to the parties to it. 7. Relationship of parties. It is understood that the contractual 4 ORDINANCE NO. relationship between the City and PropertyOwner is such that the owner is an independent contractor and not the agent of the City. 8. Agreements by City. City desires to make the Project affordable to lower and moderate inane senior households and desires to implement City's general plan housing goals. In consideration of the agreements set forth herein, the City agrees: (a) Proceedings. City shall conduct, in a timely manner, those proceedings necessary to considcr Developer's application for all necessary approvals, including but not limited to a precise plan, for the Project. (b) Certificate of Completion. Pra►ptly after completion of the Project, City shall provide Property Owner with an instrument ("Certification of Completion") so certifying. The Certificate of Completion shall be the conclusive determination that the obligation of Property Owner with respect to construction of the Project has been met. The Certificate of Completion shall be in such form as will enable it to be recorded in the official records of the County of Riverside. 9. Agreements by Property Owner. In consideration of the agreements by City contained in this Agreement, Property Owner agrees: (a) Property Owner shall reserve of the total units for rent two (2) unit for a Lower Income Senior Household and one (1) unit for a Moderate Inane Senior Household. Such units shall be referred to as "Affordable Units" for purposes of this Agreement. (b) Nbnthly rents for these Affordable Units shall not exceed thirty percent (30%) of the maximum gross monthly income as shown for the respective 5 ORDINANCE NO. units in Exhibit "B". Rents in Exhibit "B" shall include a utility adjustment as determined by the Riverside County Housing Authority. (c) The maximum initial rents charged, the maximum inane levels and the unit mix for the Affordable Units, during the first twelve (12) months following completion of the Project, shall be as follows: Maximum Maximum m # of Annual Initial Unit Type Units Income Nbnthly Rent 1 Bedroom (499.7 sq. ft. ) 2 $20,600 (Lower) $366 1 Bedroom (499.7 sq. ft. ) 1 $25,750 (Moderate) $478 (d) The Affordable Units h 1 s a 1 be of a quality and design indistinguishable from the market units, and shall be evenly distributed throughout the Project. The Affordable Units shall be periodically rotated as vacancies permit. (e) Developer or its assigned management agent shall be responsible for determining the eligibility of prospective tenants. Prior to opening the apartment project, Developer shall submit for approval a plan to City describingthe procedure p ocedure for determiningand enforcingeligibility g btlity requirements. This plan shall include annual qualification by all eligible households and shall be subject to review and approval by City. The City or its assigned agent may request an audit to determine compliance with all affordable housing provisions of this Agreement. Audit shall be requested as the City deems necessary and shall be at the property owner's expense. 6 ORDINANCE NO. (f) The initial rents as described in subsection (c) may be adjusted annually in accordance with the percentage increase shown in the most current applicable lower and moderate income limits for Riverside County published by the United States Department of Housing and Urban Development or any successor agency, adjusted for changes in the Riverside County Housing Authority utility allowance and as verified by the applicable City of Palm Desert Affordable Housing Income and Rent Schedule. (g) Developer shall rot discriminate on the basis of race, color or creed, sex, or national origin. (h) Developer or its successors in interest shall reserve the Affordable Units as set forth in this Agreement for the Useful Life of the Project and Project owner shall not sell or otherwise change the use of the Project without prior written consent of City. (i) Age limits. The minimum age for all Project occupants shall be 62 years old. (j) Beginning construction. Property Owner agrees to begin the Project within two (2) years after the execution of this Agreement. City Council, at its discretion and for good cause shorn, may grant up to three (3) one-year time extensions. 10. Change in project. No change, modification, revision or alteration may be made in the approved precise plan without review and approval by those agencies of the City approving the plan in the first instance. A change, modification, revision or alteration in the approved precise plan is not effective until the parties amend this to incorporate Agreementrpo ate it. 7 ORDINANCE ND. 11. Hold Harmless. Property Owner agrees to and shall hold the City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of the Property Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the Project. Property Owner agrees to and shall defend the City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Property Owners activities in connection with the Project. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications or both for the Project. Property Owner further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action challenging the validity of the Development Agreement. 12. Periodic Review of Compliance With Agreement. (a) City Planning Commission shall review this Development Agreement whenever substantial evidence exists to indicate a possible breach of the terms of this Agreement. (b) At least once each year, Property Owner shall demonstrate good faith compliance with the terms of this Development Agreement. Property Owner agrees to furnish such evidence of good faith compliance as City, in the exercise of its discretion, may require. City shall have the right to audit 8 ORDINANCE M). the books and records of Property Owner or its management company that apply to the Project at Property Owner's cost and expense upon request and at least annually. 13. Amendment or Cancellation of Agreement. This Development Agreement may be amended or cancelled in whole or in part by mutual consent of the parties and in the manner provided for in Government Code, sections 65868, 65867 and 65867.5. 14. Enforcement. Unless amended or cancelled as provided in paragraph 13, this Development Agreement is enforceable by any party to it notwithstanding a change in the applicable general or specific plan, zoning, subdivision or building regulations adopted by City which alter or amend the rules, regulations or policies governing permitted uses of the land, density, design, improvement and construction standards and specifications. 15. Events of default. Property Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: (a) If a warranty, representation or statement made or furnished by Property Owner to City is false or proves to have been false in any material respect when it was made; (b) A finding and determination by City made following a periodic review under the procedure provided for in Government Code, section 65865.1, that upon the basis of substantial evidence Property Owner has not complied in good faith with any of the terms or conditions of this Agreement. (c) Property Owner's failure to maintain the Real Property in substantially the same condition as it existed on the date that City issued the 9 OT To ALTO 01.4 Jo 01003 TedTo unN atp. Jo 98.5Z ae4deg3 o4 ;uensand 6rTxeeq oTTgnd peopou Aq aq TTegs TTounoJ ALTO 01.4 aao;aq s6UTp0a3QId •gde-rne.zed sTtp. uT 14410J 4es seTpeuraa ate go aaow ao OUO AOTdwa Aew aO '4uewaea6V ;txewdoTanaQ sT144 a4euTucza; 'queweea6b 4uawdoTenaU sT144 4Tpow Aew TTOUnOD A4TO atf 'uoTssTuuroj T -1eTd s,A4TO 0144 Jo uoT4epuaaunoaa atq4 t.P-TM sanouoo A4T3 J0 TTot m0J ATM ate .;I 'A3T3 atfl. Aq pesToaexe eq gdea6eaed sTgi uT q ao; ;es sazpeuraa 0t44 4et.14 ao 'p04euTuzz04 'paTJTpow eq 4uaweea6y 4uow IoTeneQ sT114 4044 A4T3 Jo TTounoO A3TO 0144 04 puauurooaa TTegs A4T3 3o uoTssTwwco 6uTuueTd eq . 'sAeP (OE) A4-1T114 UTTM uoT4Oe TeTPewea a}{e3 o4 sTTe3 aeuMO A1.aedoad ;I •suoT4oe TeTpewea efe4 04 uoT;eoT;T;ou go ;dTaoaa uodn sAep (OE) A4.rp seq aeuzp Aa.Iedazd •eoueTTdwoo eneTuoe 04 pexrnbea se pewea eq4 egTaosep pue 'eoueTTdwoouou go ean;eu oT;Toads eq; off. se 3seae4uT uT aosseoons ao xeUMo A;aadoad et-4 AJTIou TTegs UOTSSTUur00 ate. '4uaweaabv sT1.4 go SUOT4Tpu00 ao Sut304 ate t. TM peTTduroo qou seq aeuip A4aadoad 4eq4 'eoueplAe TeT;ue;sgns go sTseq eq4 uo 'seuTwae4ep pue spuT; A4T3 ao uOTSSTwwcp 6uTuueTd ate ';uaweaa66 sT144 go McTnaa aeq4c0 ao 'MeTnaa oTpoTaad go 4Tnsaa e se 'JI '3TneJep uodn eanpeOoad '9T •aeedde Aew A4TO goTgt uT buTp0000ad ao uoT4oe tens Azle uT 'uns e geuoseaa e uT see; s,Aauzo44e 6uTpnTouT 'sesuedxe pue s4soo ire Aed o4 pue '4ueweeafr ;uewdoieneQ sTt-13 go suue; eq4 aepun A4TO go sleMod aO s;g6Ta egg 4oegge off. 6uT4aodand 6uTpeeooad ao UOT40e Arse puejep ptre uT aeedde o4 aaniTe; s,aauM( Ag.IedoTd (p) •peAoa4sep ao pe6ewep eq Aew uoTgt 6uTpT rnq Acre aauuew a){TTtreua{aoM pue poob uT AT;ciwoad eao4saa off. ao 4oe oad eqi 04 4oadsaa g4TM Aouednoop go e3eoTJT ae3 'CAI 3JNVNIQZIO ORDINANCE NO. Palm Desert. In the event of a default, City may employ one or more of the following remedies, in its sole discretion: (i) City may revoke all previous approvals, entitlements and permits granted by the City to Property Owner with respect to this Project and the subject Real Property. (ii) City may pursue all other legal or equitable remedies City may have under California law or as set forth in this Development Agreement and City shall be entitled to specific performance and enforcement of each and every term, condition and covenant set forth herein. 17. Damages upon cancellation, termination of Agreement. In no even shall Property Owner be entitled to any damages against the City upon modification, termination of this Development Agreement or exercise by City of its rights under this Development Agreement. 18. Attorneys fees and costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. 19. Notices. All notices required or provided for under this Development Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notice required to be given to City shall be addressed as follows: City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, California 92260. Notices required to be given to Property Owner shall be addressed as follows: Webco Pacific, 73-010 El Paseo, Palm Desert, California 92260. 11 ORDINANCE NO. A party may change the address by giving notice in writing to the other party and therefore notices shall be addressed and transmitted to the new address. 20. Rules of construction and miscellaneous terms. (a) The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. (b) If a part of this Agreement is held to be invalid, the remainder of this Agreement is not affected. (c) If there is more than one signer of this Agreement their obligations are joint and several. (d) The time limits set forth in this Agreement may be extended by mutual consent of the parties in accordance with the procedures for adoption of an agreement. 21. Duration of Agreement. This Agreement shall expire only upon total destruction of the apartment project which is the subject of this Development Agreement. 22. Applicable Law. This Agreement shall be construed according to the laws of the State of California. 23. Severability. If any portion of this Agreement is for any reason held to be unenforceable, such determination shall not effect the validity of the remaining portions. 24. Authority. Each of the parties hereto covenant and agrees that it has the legal capacity to enter into this Agreement contained herein, that each 12 ORDINANCE NO. agreement is binding upon that party and that this Agreement is executed by a duly authorized official acting in his official capacity. IN WITNESS WHEREOF this Development Agreement has been executed by the parties on the day and year first above written. Approved as to form: CITY OF PALM DESERT A Municipal Corporation BY: KANDY LEE ALLEN Deputy City Attorney Attest: (WEBCO PACIFIC) By: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On this day of , 1990, before me, a Notary Public in and for said State , personally appeared , known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument on behalf of , and acknowledged to me that executed the same. 13 ORDINANCE NO. EXHIBIT A LEGAL DESCRIPTION: The West one-half of lot 10, Palma Village Groves, as per map recorded in book 20, page 51 of maps, Records of Riverside County, excepting there from the East one-half of the West one-half of said lot 10. OWNERSHIP: (Present) Phyllis E. Gaddis and Marjorie A. Tuomi 721 Venice Way #2 Inglewood, CA 90302 (After March 7, 1990) Webco Pacific 73030 El Paseo Palm Desert, CA 92260 14 NaNUTES PLANNING CO M1IISSICIN MEETING APRIL 17, 1990 Action: Moved by Commissioner Richards, seconded by Chairperson Whitlock, approving the findings as presented by staff. Carried 3-0-1 (Commissioner Jonathan abstained). Moved by Commissioner Richards, seconded by Chairperson Whitlock, adopting Planning Commission Resolution No. 1434, recommending approval of PP 90-4 and Development Agreement to city council, subject to conditions. Carried 3-0-1 (Commissioner Jonathan abstained). D. Case N . CUP 90-4 and Development Agreement - WEBCO PACIFIC, Applicant Request for approval of a conditional use permit and development agreement to construction a 15 unit senior apartment project at 73-695 Santa Rosa Way. Ms. Sass outlined the salient points of the staff report, noting there were a couple of changes to the resolution's conditions of approval; community development no. 12 to read three affordable units, not two; and in the development agreement, page 6 item i changed from minimum age of 55 to a minimum age of 62. Staff and commission discussed parking, as well as access to the senior center, with Mr. Diaz noting that handicap access might need more study. Commissioner Jonathan noted that on page 4, item 9a should also reflect the two units; staff concurred. Chairperson Whitlock opened the public testimony and asked if the applicant wished to address the commission. MR. A.J. WIGGINS, developer, stated that he was present answer any questions. He noted that they had spent a lo' time on the plan and noted that the senior center was in of access to their project. Commission, staff and Mr. Wiggins further discussed the acr senior center and Mr. Diaz indicated that if it could nAR out at staff level, it would be brought back to the convalic Chairperson Whitlock asked if anyone present wished ; or OPPOSITION to the proposal. There was no or testimony was closed. 6 MINUTES PLANNING COMMISSICN MEETING APRIL 17, 1990 Action: Moved by Commissioner Jonathan, seconded by Commissioner Erw3od, approving the findings as presented by staff. Carried 4-0. Moved by Commissioner Jonathan, seconded by Cannissioner Ermpod, adopting Planning Commission Resolution No. 1435, recommending approval of CUP 90-4 and Development Agreement to city council, subject to conditions as amended. Carried 4-0. VIII. MISCELLMDOUS A. Living Desert Reserve Oral Report. Mr. Diaz provided a brief summary of land uses adjacent to the Living Desert Resort and potential development. B. Joint Meeting with City Council, Planning Oammilmixxl, and Architectural Review Comnission. Mr. Diaz requested some dates in May that commission would be available to attend a joint meeting between city council, planning commission and the architectural review commission. After some discussion, Commission suggested May 9 or 17, 1990. IX. ORAL CCVMJNICNTIONS None. X. OaV NPS Commissioner Richards noted that Indian Wells had been having problems with their general plan and recanmended that Palm Desert provide Indian Wells with assistance to create a spirit of cooperation between the cities. XI. ADJOURMENP Moved by Commissioner ErTaood, seconded by Commissioner Richards, adjourning the meeting. Carried 4-0. The meeting was adjourned at 8:36 p.m. RAMON A. DIAZ, Secretary A'P1'EST: CAROL WHITLOCK, Chairperson /tm 7 D ese 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE(619)346-0611 PLANNING CUVISSION MEETING NOTICE OF ACTION Date: April 19, 1990 Webco Pacific 73-020 El Paseo Palm Desert, CA 92260 Re: CUP 90-4 and Development Agreement The Planning Caardssion of the City of Palm Desert has consic9Pred your request and taken the following action at its meeting of April 17, 1990. PLANNh4' COMMISSION APPROVAL OF CUP 90-4 AND DEVELOR4WT AGREEMENT TO CITY COUNCIL BY ADOPTION OF RESOLUTICON NO. 1435, SUBJECT TO CONDITIONS AS AMENDED. CARRIED 4-0. Any appeal of the above action may be made in writing to the Director of Cc mnuiity Development, City of Palm Desert, within fifteen (15) days of the date of the decision. „.areeewx1 • •N A. DIAZ, SE '411 PALM DESERT PLANNING SSION RAD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal PLANNING CLbMISSICN REsOLLTPICN NO. 1435 A RESOLUTION OF THE PLANNING CCNNIISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECIMMEDING TO CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, DEVELOPMENT AGREEMENT AND CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A FIr'1' N UNIT SENIOR HOUSING PROJECT AT 73- 695 SANTA ROSA WAY. CASE NO. CUP 90-4 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of April, 1990, held a duly noticed public hearing to consider the request of WEBfX) PACIFIC to consic3Pr the above mentioned project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89, " in that the director of carmunity development has determined that the project will not have a significant negative impact on the environment; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons c3Psiring to be heard, said planning commission did find the following facts and reasons to exist to justify granting approval of said precise plan: 1. The c7Psign of the project will not substantially depreciate property values, nor be materially injurious to properties or its in the vicinity. 2. The project 6Psign will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful puxpoeo✓. 3. The project design will not endanger the public peace, health, safety or general welfare. NOW, TEE, 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 carmissic n in this case. 2. That approval of CUP 90-4 and Development Agreement is hereby recarmended to city council subject to the attached conditions. 1 PLANNING CCMMISSIal RF XLTrICN NO. 1435 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning lion, held an this 17th day of April, 1990, by the following vote, to wit: AYES: ERWOOD, 3CNATHAN, RICHARDS AND WHITLOCK NOES: NONE ABSENT: DOWNS ABSTAIN: NONE 204,41Z CAROL WHITLOCK . Chairperson AT TEST: ,OtreeeLe)dsel_on RAMDN A. DIAZ, CS/tm 2 6 '8GT7 'aid eoueuTp1O .zed se; saoeTd 3TTgnd uT 4av 404 4oeCgns sT 409road '8 'TE44Twgns uOTSSTwiuDZ McTna.z Te.zn4oe4Tqaze o4 aoTad sNaom oTTgnd ;o 4usulaedep egg Aq penoadde pue pamaTAal ai TTew sueTd NTsmepTs ITV 'L. ecueuTp xo &rpx Z of pr ;o s i. wea nbea bu-pjxed 4 TM iidwoo TTEus sbuTpTTnq e144 ;o s4uedn000 ein4n; 'ITV '9 •4uaudoTenap K4Tt nuulro 3o quaugsedep pue 1cuedurlo ussi4 eNteOTTdde penoadde eq new 4trausoETd pTeS 'seaze &rpized 1-14TM 40Tutioo 04 4ou se os peoOTd eq TTew seaze aoT /qs x 04 ssaoosi 'S '144TMaz"ay pa4eTci1EquOo esn ego so; 4Twied &rTPTTnq e 30 aouenssT 30 ewT4 eq4 4e A4a3e5 pue EuTpTTnq 3o wellq.xedap euq. oq pequasead 901 TTEtIs s8Toua6e enoge et4 nnT3 aoue.zeaTo zo 4Twzed pies ;0 eIe'pTA3 43T.14sTQ seoTnz9S '3 aa4EM qaasaal WTEd quatpaedaa sNaom oTTgnd Tsgs-xW aaT3 A4T3 uOTssTwuDJ Tean4oe4TLIDJV qaeS9C1 I TEd 40Ta4sT12 ae4EM 'TTEA eTTPeOJ :saTouabe buTMoTTo; eq4 wan; aOue.leTo ao/pue s4Tuixed uTeggo gsaT; TisgS 4teoTTdde eq4 'TEnazr3de ST144 Aq Pe4ETa4wo esn Aue ;o uOT4Onz .suOO .no; 4TuLTed buTplTnq e ;o eouenssT 04 .10Tad 't 'eo.no; uT eq Lew aa4;ease goTur, so 'Bozo; uT Mau sa4n4e4s Teiepe; pue e4E4s pue saoueuTpzo TedToTunw T TE o4 U)T4TPPE uT are 1-1074M uTel9q 144-103 4as SuoT4E4TwTT pue suoT4oTJ 1 Sa.n aq4 04 4 e qns eq TreqS uTexeu peqTaosep 4iadoad eq ;0 4ueurioTanap aqI '8 ' 4q 4oe;;e ou ;o pue pTon 'TTnu ewooeq TTEus Tenoadde pTEs esTmaag4o :pe ua.xb sT eurr4 ;o uoTsue43ca ue ssaTun TEnoxdde TeuT; ;o a4Ep et(4 wan; 3P8A at° uT1-14TM eouem1TJ0 T Tege 4oe Co id pTEs ;0 uOT4.ncd e ;O tOT4Onz4Suoj 'Z •SUOT4TPUOO buTmoTTO; e 4 Aq peT;Tpaui SE '&ITuuETd/4ueudolen9p 4TUrIMADD 30 4ueur xedep eq 1-14TM eTT; uo s4TgTq e 144TM ATTeT .ue sgns uuo3uoo TTEggs A aadazd au; ;o 4uaudoTanap eTi 'T :41iewdOTanac 44Tunu1J go 4uaugsede03 V-06 dmD 'ON HSVID 'IVAOHddV A0 SwLLI N D S£,T 'ON NJI,IMOSAH NJISSII+LD ONINNVId 1 1 _ • PLANNING C 4IISSICN RESGILT ICN NO. 1435 9. Final landscape plans shall comply with parking lot tree planting master plan. 10. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this ccndition and agreement run with the land and bind successors and assigns. 11. Prior to issuance of a building permit the applicant shall enter into a development agreement with the City of Palm Desert providing two affordable units within the project. 12. A deed restriction shall be added to the property limiting occupants to a minimum m age of 62 years. The city shall have the ability to audit t the property owners rental records at any time to insure compliance. 13. Approval of this precise plan is contingent upon execution and recordation of an acceptable development agreement between the city and property caner. 14. Patio privacy walls shall be stucco, not wood. 15. A minimum 3.5 foot earth mamd shall be provided to screen parking. 16. New 6 foot block walls shall be provided on the east and west property lines. 17. Appropriate access to the south end gate shall be designed to provide for the grade differential between the properties. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code, shall be paid prior to issuance of a grading permit. 2. Signalizaticn fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of a grading permit. 3. Any storm drain construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works. 4 PLAPNNI}G CCM'ffSSICN RESCHIMION O. 1435 4. sill public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable city standards. 5. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. Such irovements shall include, but not be limited to, concrete sidewalk in an appropriate size and configuration and installation of city standard driveway approach. "As-built" plans shall be submitted to, and approved by, the Director of Public Works prior to the acceptance of the improvements by the City. 6. All private driveways and parking areas shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. 7. Landscaping maintenance on Santa Rose Way shall be the responsibility of the property owner. 8. As required under Section 12.16 and 26.44 of the Palm Desert Municipal Code, all existing utilities shall be placed underground per each respective utility district's recommendation. If determined to be unfeasible, the applicant shall submit to the City, in a fuziu acceptable to the City attorney, surety in an amount equal to the estimated construction costs for the subject 9. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. 10. Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of valid encroachff ent permits by the Department of Public Works. 11. A complete preliminary soils investigation, canducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of the grading permit. 12. Size, number and location of driveways shall be to the specifications of the Department of Public Works with only one driveway approach to be allowed to serve this property. 5 PLANNING COMMISSION RESOLUTICN NO. 1435 13. Grading permit issuance shall be subject to the dedication of an adai tiazal five (5) feet of Right-of-Way on Santa Rosa Way for a total half-street Right-of-Way of thirty (30) feet. As part of the Right-of- way c91 cation process, the applicant shall either provide for the pay- off or reapportionment of any city assessments against the subject properties. 14. Building pad elevations are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. Riverside City Fire Department: 1. With respect to the conditions of approval regarding the above referenced plan check the fire department reeds the following fire protection measures be provided in accordance with city municipal code, NFPA, UFC, and UBC and/or recognized fire protection standards: The fire department is required to set a minimum fire flaw for the remodel or fiction of all commercial buildings per Uniform Fire Code Sec. 10.301C. 2. Provide, or show there exists, a water system capable of providing a potential gallon per minute 1500 for single family, 2500 for multifamily, and 3000 for commercial. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for 2 hours duration at 20 psi resirii'a1 operating pressure. 3. A fire flow of 1500 gpn for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 4. The required fire flow shall be available from a Seer hydrant(s) (6" x 4" x 2-1/2" x 2-1/2" ), located not 1pgs than 25' nor uooe than 200' single family, 165' multifamily, and 150' commercial from any portion of the building(s) as measured along approved vehicular travelways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. 5. Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow or arrange field inspection by the fire department prior to request for final inspection. 6 • PLANNING CCMMIISSICN RESOLUTION NO. 1435 6. A combination of on-site and off-site Super fire hydrants (6" x 4" x 2- 1/2" x 2-1/2" ) will be required, located not less than 25' or iu,,Le than 200' single family, 165' multifamily, and 150' commercial from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 7. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, ccnstructicn type, area separations, or built-in fire protection measures. Fire sprinklers. 8. Prior to the application for a building permit, the developer shall furnish the original and two copies of the water system plan to the county fire department for review. No building permit shall be issued until the water system plan has been approved by the county fire chief. Upon approval, the original will be returned. One Dopy will be sent to the respansible inspecting authority. Plans shall conform to fire hydrant types, location and spacing, and the system shall meet the fire flaw requirements. Plans shall be signed by a registered civil engineer and may be signed by the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Depar went. " 9. Install a catplete fire sprinkler system per NFPA 13, 13R. The post indicator valve and fire department connection shall be located to the front, not l s s than 25' from the building and within 50' of an approved hydrant. Building 1 draft stop attic at units for 13R = no attic sprinklers. 10. Install a fire alarm (waterflow) as required by the Uniform Building Code, 3803, for sprinkler system. 11. Install tapper alarm on supply valve for sprinkler systems. 12. Certain designated areas will be required to be maintained as fire lanes. 13. Install a fire alarm as required by the Unifuuiu Building Code and/or Uniform Fire Code. Smoke detectors must be hard wired. 14. Install portable fire extinguishers per NFPA, Pamphlet #10, but not le- than 2A1OEC in rating. Fire extilluiethers must not be aver 75' walking distance. 7 PLANNING COMMISSION RESOLUTION NO. 1435 15. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around (55' in industrial developments). Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 10' diameter. 16. The minimum width of interior driveways for multi-family or apartment complexes shall be ok as drawn if certain curbs are red curb, no parking. As Drawn: *a. 24 feet wide when serving less than 100 units, no parallel parking, carports or garages allowed on one side only. b. 28 feet wide when serving between 100 and 300 units: carports or garages allowed on both sides, no parallel parking. c. 32 feet wide when serving over 300 units or when parallel parking is allowed on one side. d. 36 feet wide when parallel parking is allowed on both sides. 17. Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the fire department. All controlled access devices that are power operated shall have a radio-coLrolled over-ride system capable of opening the gate when activated by a special transmitter located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices that are not power operated shall also be approved by the fire department. Minimum opening width shall be 12' , with a minimum vertical clearance of 13'6". 18. Occupancy separation will be required as per the Uniform Building Code, Sec. 503. One tour walls between units. 19. A dead end single access over 500' in length may require a secondary access, sprinklers or other mitigative measure. 20. Install Panic Hardware and exit signs as per Chapter 33, Sections of the Uniform Building Code. 21. Contact the fire department for a final inspection prior to occupancy. 8 PLYING CLTTiSSICN RESOLUTION NO. 1435 22. All new residences/dwellings are required to have illuminated residential addresses meeting both city and fire department approval. Shake shingle roofs are no longer permitted in the cities of Indian Wells, Rancho Mirage or Palm Desert. 23. An approved NFPA 13R sprinkler system is required for all buildings over 5000 square feet in size. Area separation will not exempt the building from this requirement. Exemption: One and two family residences. 24. A second access is required. This can be accomplished by two main access points fruit main roadway or an emergency gated access into an adjoining development. 25. The 13R spunkier system will be permitted for building 1 if draft stopped between each unit at the attic space. No storage is permitted in attic spaces that are not sprinklered. 26. As per earlier meeting with fire department developer agreed to open driveway width to fence line between building 2 and trash enclosure. 27. If a fire hydrant within 200 feet from south end of buildings is not accessible through at least a 6 foot wide gate, we will require a hydrant to be installed on site. The hydrant in question would be in the area of senior citizen facility. 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OquT pexe ue sT INEN T:3H9V SIRL OILIalld COMM QNV JS3Q WIKd 30 MI0 3RL 133741sH IN3WS3HION JAShipaTEVEKIENaSnOH WINOS SCLT 'ON NJIJL OS321 NJISSIIIU SNINNvId PLANNING cxr. rSSICN RESCLUPICN NO. 1435 NOW, TORE, the parties agree: 1. Definitions. In this Agreement, unless the context otherwise requires: (a) "City" is the City of Palm Desert. (b) "Project" is the development proposed to be approved by the City pursuant to Conditional Use Permit 90-4. (c) "Property Owner" means the person having a legal or equitable interest in the real property as described in paragraph (3) and includes the Property Owner's successor in interest; (d) "Real property" is the real property referred to in paragraph (3). (e) "Useful Life of the Project" is the greater of thirty (30) years or the period of time which the Project remains habitable, with reasonable care and maintenance, as determined by City. (f) "Senior Citizen Household" means a maximum two person household of which all members are 62 years of age or older. (g) "Lower Inccme Senior Citizen Household" means senior citizen households whose gross income does not exceed 80% of the median inane for one and two person households for Riverside County based upon financial and demographic data received from the United Stag Department of Housing and Community Development (HUD) or its successor agency. This information is included in Exhibit "B" and shall be updated automatically as current data is obtained from HUD. If in the future noie relevant data is made available 11 PLAZINENG CLM4ISSICN RESOLUTION NO. 1435 specifically applicable to senior citizens by (HUD) or other officially recognized agencies, such data shall become the basis of this Agreement. (h) "Moderate Incase Senior Citizen Household" means senior citizen households whose income does not exceed 100% of the median income. 2. Exhibits. The following documents are referred to in this Agreement, attached and made a part by this reference: Exhibit Designation Description A Real property B Palm Desert Affordable Housing Income and Rent Schedule, January 1990 C Conditional Use Permit 90-4 3. Description of real property. The real property which is the subject of this Agreement is described in Exhibit A. 4. Interest of Property Owner. Property Owner represents that he has a full legal and equitable interest in the real property and that all other persons holding legal or equitable interests in the property are to be bound by the agreement. 5. Assignment. The rights of the Property Owner under this Agreement may not be transferred or assigned unless the written consent of the City if fist obtained. 6. Binding effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors in interest to the parties to it. 7. Relationship of parties. It is understood that the contractual 12 PLANNING commiSSICN RESOLUPICN NO. 1435 relationship between the City and Property Owner is such that the owner is an independent contractor and not the agent of the City. 8. Agreements by City. City cpsires to make the Project affordable to lower and moderate income senior households and clQsires to implement City's general plan housing goals. In consideration of the agreements set forth herein, the City agrees: (a) Proceedings. City shall conduct, in a timely manner, those proceedings necessary to consider Developer's application for all necessary approvals, including but not limited to a precise plan, for the Project. (b) Certificate of Completion. PLuLI Lly after completion of the PLuject, City shall provide Property Owner with an instrument ( "Certification of Completion" ) so certifying. The Certificate of Completion shall be the conclusive determination that the obligation of Property Owner with respect to construction of the Project has been met. The Certificate of Completion shall be in such form as will enable it to be recorded in the official records of the County of Riverside. 9. Agreements by Property Owner. In consideration of the agreements by City contained in this Agreement, Property Cleaner agrees: (a) Property Owner shall reserve of the total units for rent two (2) unit for a Lower Income Senior Household and one (1) unit for a Moderate Income Senior Household. Such units shall be referred to as "Affordable Units" for purposes of this Agreement. (b) Monthly rents for these Affordable Units shall not exceed thirty percent (30%) of the maximum gross monthly income as shown for the respective 13 PLANNING COMMSSICN RFSOLUPICN NO. 1435 units in Exhibit "B". Rents in Exhibit "B" shall include a utility adjustment as determined by the Riverside County Housing Authority. (c) The maximun initial rents charged, the maximum income levels and the unit mix for the Affordable Units, during the first twelve (12) months following canpletioi of the Project, shall be as follows: Maximtun Maximum # of Annual Initial Unit Type Units Irxie Monthly Rent 1 Bedroom (499.7 sq. ft. ) 2 $20,600 (Lower) $366 1 Bedroom (499.7 sq. ft. ) 1 $25,750 (Moderate) $478 (d) The Affordable Units shall be of a quality and design indistinguishable fran the market units, and shall be evenly distributed throughout the Project. The Affordable Units shall be periodically rotated as vacancies permit. (e) Developer or its assigned management agent shall be responsible for determining rg the eligibility of prospective tenants. Prior to opening the apartment project, Developer shall submit for approval a plan to City describing the procedure for determining and enforcing eligibility requirements. This plan shall include annual qualification by all eligible households and shall be subject to review and approval by City. The City or its assigned agent may request an audit to determine compliance with all affordable housing provisions of this Agreement. Audit shall be requested as the City deems necessary and shall be at the property owner's expense. 14 PLANNING Ca4AISSION RESOLUTION MD. 1435 (f) The initial rents as described in subsection (c) may be adjusted annually in accordance with the percentage increase shown in the uit, current applicable lower and moderate insane limits for Riverside County published by the United States Department of Housing and Urban Development or any successor agency, adjusted for changes in the Riverside County Housing Authority utility allowance and as verified by the applicable City of Palm Desert Affordable Housing Incase and Rent Schedule. (g) Developer shall not discriminate on the basis of race, color or creed, sex, or national origin. (h) Developer or its successors in interest shall reserve the Affordable Units as set forth in this Agreement for the Useful Life of the Project and Project owner shall not sell or otherwise change the use of the Project without prior written consent of City. (i) Age limits. The minimum age for all Project occupants shall be 62 years old. (j ) Beginning construction. Property Owner agrees to begin the Project within two (2) years after the execution of this Agreement. City Council, at its discretion and for good cause shown, may grant up to three (3) one-year time extensions. 10. Change in project. No change, modification, revision or alteration may be made in the approved precise plan without review and approval by those agencies of the City approving the plan in the first instance. A change, modification, revision or alteration in the approved precise plan is not effective until the parties amend this Agreement to .incorporate it. 15 91 4Tpne 03 41151.2 eq4 eeq TTe1S A31D •azznbaz Lew 'uoT3azosTP s3T 3o asTozaxa 4 uc 'A4TD se aoueTTdwoo 1447s; Pooh 3o e xxep u e ins usTuzn3 04. saaabe J9UMO Id *wawaeabv ;uaucloTenau sT144 30 sutze4 944 taTM eoueTTdaco Tea pooh a4ea4suowep T Iegs saumo i4xadbad 'sea& yoea aouo 3seeT 3`{ (q) •41LiewseabvsT 3o suue4 aq} 3o goeaxq aTgTssod e eq.eoTpuT o3 sq.sTxa eouapTAe TET ue4sRns sanauaqm quawaaaby 3uavdoTeABQ sTg4 MaTnas TTugs troTSSTWW00 fuTuueId ATJ (e) '4uawaaa6V ATM aoueTTcluOD 30 maT19d OTpoT1ad 'ZT •3uauae.zbv quawdoTaAaa egg 30 4TPTT2n eq4 6uTbuaTTB uoT3oe Atie ur 4To so3 asuagap e apTnaid pup s3sco TTe lied 'SsiTwaeg PTOq 'A3Tu apuT 04 saai5e sac m3 saur° A4aadoad •4oecosd aq4 so3 tpfog so suoT4e0T;To8ds so sueTd penosdde so 'PeTT s 'peapdaad 14T'J . 40u so sag3a4M 3o sseTpaebea '140es6exed S 43 ur 03 paua3az scaoT4esado 8c44 3o uoseaz Fq peaa33ns uaeq aneg 04 pebet- e .zo peaa33ns sabewep so3 surreTo pue se5ewep tie o4 saTTdde ;uauaasbe SsaTwzeq pTog sp ,L '4oe Cold egg 4TM u0T30auuoo uT s8T3TAT3Oe s,aeumo li xadosd 3o uoseas lq Pesneo uaeq aneg 04 pebaTTe so pesneo se5ewep so3 suoT oe was; saAT4e3uaseadas pue saeAOTdua 's4uabe 'ssaoT33o s.T Pcre A4TJ act Pue;aP TTegs pue oq seesbe sago A4aado1d • oarosd agq. 04 a3eTas goTgM 3Teypq Sit1 uo 6uTpoe uos.rad sag4o so ea oTdua ';ua6e 'sogoeaquoogns 'so4oes3u o sTy 3o asaq} so sauto kxadoad au} 3o suoT3esado 3oe1TTxrr so -oaITp egg ma; 9STse Aew tppTgM abeurep A4aadosd so3 surre T o pue gPeep 6uTPnT ouT Lan Cur Teuossad so3 e5auiep so3 sUITe T o so e5ewep -Tog A4TTTgeTT wax; seaTwauu saAT;e;uesasdei pue seeAoTdula 's3uabe 'ssaoT33o S T "c TD a PTOq TTegs pue 03 seasbe sauto F aadosd •ssaTwxeH PTOH 'TT S£''T TIN NOLIMOSEH NOISS1WWOD f NIN IV"Id PLANNING COMMISSION RESOLUTION NO. 1435 the books and records of Property Owner or its management company that apply to the Project at Property Owner's cost and expense upon request and at least annually. 13. Amendment or Cancellation of Agreement. This Development Agreement may be amended or cancelled in whole or in part by mutual consent of the parties and in the manner provided for in Government Code, sections 65868, 65867 and 65867.5. 14. Enforcement. Unles-s amended or cancelled as provided in paragraph 13, this Development Agreement is enforceable by any party to it notwithstanding a change in the applicable general or specific plan, zoning, subdivision or building regulations adopted by City which alter or amend the rules, regulations or policies governing permitted uses of the land, density, design, improvement and construction standards and specifications. 15. Events of default. Property Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: (a) If a warranty, representation or statement made or furnished by Property Owner to City is false or proves to have been false in any material respect when it was made; (b) A finding and determination by City made following a periodic review under the procedure provided for in Goverment Cbde, section 65865.1, that upon the baectg of substantial evidence Property Owner has not complied in good faith with any of the terms or conditions of this Agreement. (c) Property Owner's failure to maintain the Real Property in substantially the same condition as it existed on the date that City issued the 17 8T 3o 14?J eg4 ;0 epOJ TedTOT W egg ;0 98•SZ ae4degp og 3uens1rd SuTaPay OTTgnd peoTgou 1q eq TTegs uounco )3TJ egg a.003aq sbuTpeepoid •gdeaBeaed sT113 uT g410; gas seTpewea egg 3o a iau so euo J oTdwe Aew so '3uewee rAt guatdoTanaG sTyg ageu-rude; 'gueuae1rpv gueurloTanec sTyg i Tpow 12w TTouno3 )3TO egg 'U TssTww00 SuTuupTd s,)4TO egg 3o uDTgppuau rrea aq4 143TM sanxroo A4T0 3o TTouno0 14T'3 egg ;I '14TO egg 1q PesT3-zaxa eq gdeabeaed sTgg uT gg-iO3 gas SeTpeuas egg ;egg 10 'pageuruuag 'PaT3TP0w eq guawaa-z&' guawdoianaU sTu3 4e44 A4TD ;0 TTou 14T0 91-14 03 puauuaoeJ TTegs A3TJ 3o uoTssTuug0 SuTuueid egg 'S'IsP (OE) 4.1Tg4 uTugTM uoTgoe TeTPawai exe4 og STYE; -mum° Agaadoad ;i 'suoT4oe TBTpawas e>fe 3 og uoTgeoT3 Tgou 30 gdTaoaz u do step (0£) A417g4 seg satuap 1:3iadoad •aou2TTdw00 eneTyop 04 perz nbei saTpewei eg4 egTaosep pup 'eoupTTdwoouou 3o aan4eu oT;Toads egg 04 Se 3S9193U1 uT 1ossaoons Jo JeUMO l4led0ld egg AgT4og T Tegs u0TssTuuo3 ayg 'guaweaz6& STgg 3o SuoT3Tp X)0 so suizag egg g4TM PaTTdwoo you Seq 1 1( ) A4-=adoad gegg 'aouepTna TeTguegsgns 3o sTspq egg uo IsauTwie4ap pup S'Pu?3 14TO so uoTSST of SuTuueid egg 'guau-I ST13 30 raTna1 1ay4o 10 'M9Tnaz oTpoTled 3o 3Tnsaz p se '3I 'g1ne.aP uodn aznpeoozd •9T •.xeedde Apw 4T3 g0TgM uT SuTpeeoozd so uoT4oe Bons Fue uT 'wns eTgeuoseaa e uT sae; s,feuioggs SuTpnTouT 'sesuedxe pup s4so0 up Aed og pue 'guewaaiEy guewdoTanaQ sTg4 3o swrag agg iepun 1 TO 3o saamod so sggSTs egg 400339 0g 5urgaodznd SLnpeeco.zd 10 uoT4oe AUB pue3ap pup uT Ieadde og am-Tp3 s,r9UMJ A4JadOld (P) •palazgsep so pebewep eq Ae u goTgM &rTPTTnq Aup ieuueui amTruemiaom Pup poo5 uT Ai 4i azd eao3sea 04 so 4.03Co.=d egg 04 40adsas ggTM loupdnoo0 3o egeoT3Tg e3 5£'T 'ON NJIJ(flOS3d NJISSIWWO Id PLANNING CoMKISSICN RESOLUTION NO. 1435 Palm Desert. In the event of a default, City may employ one or more of the following remedies, in its sole discretion: (i) City may revoke all previous approvals, entitlements and permits granted by the City to Property Owner with respect to this Project and the subject RPa1 Property. (ii) City may pursue all other legal or equitable remedies City may have under California law or as set forth in this Development Agreement and City shall be entitled to specific performance and enforcement of each and every term, edition and covenant set forth herein. 17. Damages upon cancellation, termination of Agreement. In no even shall Property Owner be entitled to any damages against the City upon modification, termination of this Development Agreement or exercise by City of its rights under this Development Agreement. 18. Attorneys fees and costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. 19. Notices. All notices required or provided for under this Development Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notice required to be given to City shall be addressed as follows: City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, California 92260. Notices required to be given to Property Owner shall be addressed as follows: Webco Pacific, 73-010 El Paseo, Palm Desert, California 92260. 19 PLANNING coMILSSICN RESOLUTION IAA. 1435 A party may change the address by giving notice in writing to the other party and therefore notices shall be addressed and transmitted to the new address. 20. Rules of construction and miscellaneous terms. (a) The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. (b) If a part of this Agreement is held to be invalid, the remainder of this Agreement is not affected. (c) If there is more than one signer of this Agreement their obligations are joint and several. (d) The time limits set forth in this Agreement may be extended by mutual consent of the parties in accordance with the procedures for adoption of an agreement. 21. Duration of Agreement. This Agreement shall expire only upon total destruction of the apartmentproject which is� the subject of this Development Agreement. 22. Applicable Law. This Agreement shall be construed according to the laws of the State of California. 23. Severability. If any portion of this Agreement is for any reason held to be unenforceable, such determination shall not effect the validity of the remaining portions. 24. Authority. Each of the parties hereto covenant and agrees that it has the legal capacity to enter into this Agreement contained herein, that each 20 PLANNING Ca IISSICN RESOLITFICN ND. 1435 agreement is binding upan that party and that this Agreement is executed by a duly authorized official acting in his official capacity. IN WITNESS WHEREOF this Development Agreement has been executed by the parties on the day and year first above written. Approved as to form: CITY OF PALM DESERT A Municipal Coipoiation By: KANDY LFF ALLEN Deputy City Attorney Attest: (WEBCO PACIFIC) By: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On this day of , 1990, before me, a Notary Public in and for said State , personally appeared , known to me or proved to me an the basis of satisfactory evidence to be the person who executed the within instrument cn behalf of , and acknowledged to me that executed the sane. 21 PLANNING CCM4ISSICN RESOLUTION NO. 1435 EXHIBIT A LEGAL DESCRIPTION: The West one-half of lot 10, Palma Village Groves, as per map recorded in book 20, page 51 of maps, Records of Riverside County, excepting there from the East one-half of the West one-half of said lot 10. CWW]NERSHIP: (Present) Phyllis E. Gadc1is and Marjorie A. Tucmi 721 Venice Way #2 Inglewood, CA 90302 (After March 7, 1990) Webco Pacific 73030 El Paseo Palm Desert, CA 92260 22 CITY OF PALM DESERT EXHIBIT AFFORDABLE HOUSING INCOME AND RENT SCHEDULE AUGUST, 1989 FOR PROJECTS APPROVED AFTER JANUARY, 1990 INCOME MONTHLY RENT 120%. 100% 80%. 50% HOUSEHOLDS MODERATE MEDIAN LOWER VERY LOW UNIT SIZE* MODERATE MEDIAN LOWER VERY LOW Studio 1 $27,050 $22,550 $18,050 $11 ,250 450 sq. ft. $591 $478 $366 $196 minimum 1 Bedroom 2 30,900. 25,750 20,600 12,900 600 sq. ft. 681 552 423 231 minimum 2 Bdrm/I Bath 3 34,800 29,000 23, 150 14,500 800 sq. ft. 722 626 480 264 N minimum 1-4 1-' 2 Bdrm/2 Bath Z 4 38,650 32,200 25,750 16, 100 950 sq. ft. 868 706 545 504 minimum I- W 3 Bdrm/2 Bath cc 5 41 ,050 34,200 27,350 17,400 1100 sq. ft. " 918 747 575 327 minimum cn 3 Bdrm/2 Bath 0 6 43,450 36,250 28,950 18,700 1250 sq. ft. 976 796 613 357 minimum *NOT APPLICABLE TO SENIOR PROJECTS CITY OF PALM DESERT DEPARINENP OF CONM]NITY DEVELOPMENT STAFF REPORT TO: Planning Catmission DATE: April 17, 1990 CASE Is.1): CUP 90-4 and Development Agreement REQUEST: Approval of a conditional use permit, development agreement and negative declaration of environmental impact to construct a 15 unit senior apartment project at 73-695 Santa Rosa Way. APPLICANT: Webco Pacific 73-020 El Paseo Palm Desert, CA 92260 I. BACKGROUND: A. PROPERTY DESCRIPTION: The property is a vacant, relatively flat lot in the Palma Village area near Joslyn Cove Senior Center. Current zoning is R-2, S.O. B. ADJACENT ZONING AND LAND USE: North: R-3, S.O./Vacant and single family hones South: R-2, S.O./Joslyn Cove East: R-2, S.O./5 unit apartment project West: R-2, S.O./Condominium C. GENERAL PLAN LAND USE DESIGNATION: High density 7-18 dwelling units per acre. II. PROJECT: A. SITE DESIGN: The project consists of 15 one story studio units at 499.7 square feet. Eleven of the units line the west property line with four units in a separate building. Amenities are located at the southern end of the lot including a spa, sun deck, bar-b-que's and horseshoe pit. A centrally located laundry roan is provided. A gate is indicated between this project and Joslyn Cove Senior Center. B. ARCHITECTURE AND LANDSCAPE: The applicant promotes the project as studio with alcove floor plans, vaulted ceilings, built-in appliances, private entries and patios. Exterior finish materials are plaster and tile roof. Patio walls are called out as cedar and redwood not the stucco look shown in the 4 4 STAFF REPORT CUP 90-4 AM) DEVELOPMENT AGREEMENT APRIL 17, 1990 rendering. A six foot high chain link fence exists on the east property line. An old six foot wood fence exists on the east property line. While a six foot block wall exists on the south property line there is approximately a 3 foot grade differential between this property and the senior center's lawn bowling. Enhanced paving is provided at the project entrance. Half the parking spaces are covered. Mounded turf is provided to screen ar The architectural long• review commission approved this project by minute motion on March 13, 1990. C. CODE REIQUIREMENT IN CHART FORM: Ordinance Provision Project site area 8,000 sq. ft. 27,612 sq. ft. Minimum unit size 450 sq. ft. 499.7 sq. ft. Density 30 P/A = 19 = 15 units 15 units .6339 1.25 Parking 15 15 Affordable units 3 3 Height 22 ft. 16.1 ft. Setbacks: front yard15 side yards 14 ft. combined/ 5 ft. min. rear yard 20 ft. III. ANALYSIS: A. FINDINGS FOR APPROVAL OF PRECISE PLAN: 1. The design of the precise plan will not substantially depreciate property values nor be materially injurious to properties or improvements in the vicinity. Justification: The design of the project is acceptable, has architectural preliminary approval, and meets applicable code requirements for this type of facility. 2. The precise plan will not unreasonably interfere with the use of and enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 2 CUP 90-4 AND DEVELOFMENP N REEMENlp APRIL 17, 1990 IS eee/1////// Justification: The surrounding zoning is compatible with the use as proposed and adjacent owners would not be deprived the use of their land or be negatively impacted by this development. 3. The precise plan will not endanger thepublic peace, health, safety, or general welfare. Justification: The project is designed in a manner that will not endanger the public peace, health, safety, or general welfare due to compliance with code requirements and compatibility with surrounding properties. B. ENVIRONMENTAL REVIEW: The director of community development has determined that the proposed project will not have an adverse impact on the environment and a negative declaration of environmental impact has been prepared. III. RD IDATION: The proposed project meets or exceeds ordinance requirements and is acceptable to staff with the attached conditions. Therefore, staff recommends: A. Adoption of the findings; B. Adoption of Planning Ccmnission Resolution No. , approving CUP 90-4 and Development Agreement, with conditions. VI. ATTACHMENTS: A. Draft resolution. B. Legal notice. C. Comments from city departments and other agencies. D. Plans and exhibits. Prepared by (2 - , . ', /7 .d Reviewed and Approved ` by e?F,f'i';. r • K,Vr.s 4.7;v C.) CS/tm 3 • `b ''. 4,"F ©N _PTA� [lam r� A D es -.' 1 A old a � � ��`p, �t�u �r � 0 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 M TELEPHONE(619)346-0611 April 17, 1990 Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO.; CUP 90-4 APPLICANT/PROJECT SPONSOR: WEBCO PACIFIC, 73-020 El Paseo, Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: 15 unit senior apartment project at 73-695 Santa Rosa Way, Palm Desert, CA 92260 The Director of the Department of Community Development, 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. bebraWf)d• RAMON A. DIAZ DATE DIRECTOR OF COMMUNITY DEVELOPMENT SRS/db '1 ijiti a• '•S,fUN-.� 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE (619) 346-0611 April 18, 1990 CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 90-4 AND DEVELOPMENT AGREEMENT NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by WEBCO PACIFIC to construct a 15 unit senior apartment project at 73-695 Santa Rosa Way, also described as: APN 627-102-018 'I ?CIVIC CENTER ci J �-- .'•1 RANCHO ROAD _ 11411- SHERIFF'S �_ Min Min MI - 1 • • STATION❑- �� +. 1-1 .. 0 1Mile-1 '.■, 11.- FRED WEARING DRIVE FRED WARING IL-i 91 I i7) SIT I E J O.3. R 9 9r0, R 9 C.O. C ROSA WAY 1 SAN1A ROSA WAS I k li n'MI i;IIlILpd. _ . a'a a-z 8,0. tHOLASAVENUE �... , < MAY iIflII RS.,O.owu ■rr -� -. C I I I 1 CATALINA WAY • 1 ` ! . ! I 1 I I f m� =Rt -Bozo y EMI Aim EI. I EMI r R 1 [ . 1'� 4-2 (51 1� R ' n 1 000 a� S P- J. ���3 ROYAL 2I�Ry1 PALM ��� S O. R ,.. ' QZiIEEI W211M 1 4111Prir-ssi 18'y,�. -•/•�� I `E *fldb ulipkii•�_� •. , AT .�. gC �.mum.1. ono.foil•mom �'mar. i c-, ,': ,'+,l� ���Iwo �t ��� � �_ als istglirift WEIsue ham 14 1�// tt''. MilinOW' - ALESSANDRO DRIVE III?l CFI IS.P' `U3i�L1 ► 1137 l I CI-h is,P. C-1 4.P. IiI E DRIVE NORTH PALM DE R DRIV' NO - _ q `q4 N HLi��� STATE HIGHWAY 11�g1 1 j5`1�l i i1EfI I I I I I 1d/1 SOUTH 1 ( 1 1 1 T i I I I I I I Irlr 1 I 1 1 1 I 1iDIi i I I 1 1 IF SAiD public hearing will be held on Thursday, May 10, 1990, at 7:00 p.m. in the • ' Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited • ' to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration 1s available for review in the department of community development/planning at the above address between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to • . raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. , PUBLISH: Desert Post SHEILA R. GILLiGAN, City Clerk Friday, April 20, 1990 City of Palm Desert, California