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HomeMy WebLinkAboutPP 84-05 APARTMENTS/45200 DEEP CANYON ROAD 1984 PRI"::CISE PLAN `' _ TENTATIVE TRACT v 0''..QN IE CHANGE _ PARCEL MAj- v VARIANCEOD REFER TO: i MV3 APP[ ICANT� �T� ✓C I_OCA1 ION ' REQL)I_ST:- ,41 Lv, 7' 2f'Ts EXISTING ZONE PREPARATION PROGRESS -� DATE -BY COMMENTS APPLICATION RECEIVED " LEGAL PUBLICATION SENT ° NOTICES SENT FIELD INVESTIGATION_ DEPTS. NOTIFIED I ' BUILDING 3-/2afP _ G ' ENGINEERING 3-/Z -o9 v FIRE POLICE RECREATION & PARKS SCHOOL DISTRICT DIVISION OF HIGHWAYS . FLOOD CONTROL « GT! PRELIMINARY MEETING STAFF REPORT FINAL PLAN APPROVAL PRECISE PLAN (6) LANDSCAPING PLAN (5) PLAN. DIRECTOR MOD. (6) ^� HEARINGS & ACTIONS DATE ACTION VOTE REVIEW BOARD HEARING PC. HEARING PUBLISHED PC. PUBLIC HEARING +r7 APPLICANT NOTIFIED C.C. PUBLIC HEARING ORDINANCE NO. RESOLUTION NO. EFFECTIVE DATE RECORDED FOR DATA- BANK ZONING MAP CORRECTED l <MUb� ®ff I, nm- IlDmsmmmP{p 73-510 FRED WARING DRIVE,PALM DESERT, CALIFORNIA 92280 TELEPHONE (619) 346-0611 r.� November 30, 1984 1 ? Ted Martinez 14032 Enderle Street Tustin, California 92680 Dear Mr. Martinez: At its regular meeting of August .9., ,1984, the Palm Desert City. Councii adopted Ordinance No. 380 approving a development agreement relating to terms and conditions for the .renting of an approved 28 unit apartment complex located 225 feet south of the Highway 111 frontage road, between Deep Canyon Road and Shadow Hills Road. Enclosed for your records is a fully executed copy of the aforementioned ordinance. This ordinance was recorded in the Office of the County Recorder on October 17, 1984, Page 224584. If you have any questions or require any additional information, please do not hesitate to contact me. Sincerely, SHEILA R. GILLIGAN CITY CLERK - SRG:mpf Enclosure (as noted) FOR H :EFIT OF THE urf:or PkLH,DESERT No FEE te103 OF THE, GOVT. CODE REGEIYED rOR R90ORD eT 11:00 O'CLOCK e.h4 IEN RECORDED SEND TO: R�Ca !�.0 �— ITY OF PALM'DESERT aN 224584 3-510 FRED [BARING DRIVE ORDINANCE NO. 390 gook 1' 1LM DESERT, CA 92260 7 - :TN: CITY CLERK AN ORDINANCE OF THE CITY COUNCIL OF THE CITY raK OF PALM DESERT, CALIFORNIA, APPROVING A � � DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE RENTING OF AN ,d e X APPROVED 28 UNIT APARTMENT COMPLEX LOCATED 225 FEET SOUTH OF THE HIGHWAY III FRONTAGE Feess (� ROAD, BETWEEN DEEP CANYON ROAD AND SHADOW HILLS ROAD. Case No. DA-5 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of June, 1984, hold a hearing to consider a request by TED MARTINEZ for approval of a development agreement specifying the terms and conditions for the renting of an approved 28 unit apartment complex located 225 feet south of the Highway III frontage road, between Deep Canyon Road and Shadow Hills Road, more particularly described as: Lots 2,3,8,9 of Shadow Hills Estates Tract or APN 625-1627036 WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89;' in that the director of environmental services had determined the project has been assessed in connection with previous approvals and no further documentation is deemed necessary. WHEREAS, at said hearing, upon hearing and considering the testimony and arguments of all persons desiring to be heard, said city council did find the following facts and reasons to exist to approve the development agreement. 1. The proposed development agreement is consistent with the general plan zoning ordinance and specifically implements policies contained within the housing element. 2. The proposed agreement will facilitate the production of housing affordable by moderate income households. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: I. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That it does hereby approve DA-5 as described in Exhibit "A" for reasons set out in this Ordinance. 3. The City Clerk is directed to publish this Ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, and shall certify to the passage of adoption of this Ordinance, shall submit to the Riverside County Recorder for recordation, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 9th day of August, 1984, by the following vote, to wit: AYES: JACKSON, KELLY, AND SNYDER NOES: NONE ABSENT: PULUQI, WILSON ABSTAIN: NONE EACH OOCUME ATTACHED,ISC4 8 AIDCORRECTi'OPYOFTHEORIGINALON FILEANDON ATTEST: RECORD IN hY Off ICE. Dated: 4D - SHEILA R. GILLIGAN, City Cie:h SHEILA R. GIL AN, i er City of Palm Desert,California City of Palm esert, Cali is _ _ Q ®v: _ Ln ORDINANCE NO. 390 to EXHIBIT "A" TED MARTINEZ AFFORDABLE HOUSING AGREEMENT This agreement, made as of this xj day of Augilgr 1984, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Ted Martinez, (hereinafter "DEVELOPER") provides: Recitals 1. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which propertyis described in Exhibit IF attached hereto and made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and been granted a density bonus pursuant to Section 65915 of the California Government Code and approval of a precise plan (PP 84-5) to construct 28 residential rental units on the PROPERTY. 2. As a condition of said approvals, CITY has required that a specified number of units within Precise Plan 84-5 (hereinafter "PROJECT") would be set aside for moderate income occupants subject to restrictions necessary to insure the continued occupancy of said units by low income households. 3. DEVELOPER and CITY desire to further memorialize and implement the conditions of said approval and do hereby agree to the following terms and conditions. Agreement 1. DEVELOPER has been conditionally granted permission by the CITY to construct 28 rental residential units on the PROPERTY by Precise Plan 84-5 and Planning Commission Resolution No. 948. As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent 6 units for moderate income households. Hereinafter these 6 units shall be referred to as "MODERATE AFFORDABLE UNITS." 2. As used herein, "moderate income households" shall refer to families or individuals whose gross income does not exceed 100% of the Riverside/San Bernardino County median income based upon financial and demographic information received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is contained in "Exhibit 2" and shall be updated automatically as information is obtained from HUD. If in the future more relevant or timely data is made available by other officially recognized agencies, the applicant may request amendment of this agreement to include such data. -2- STATE OF CALIFORNI ) ;ss. o, y COUNTY F V On. -C-61- before me,theundersigned,a Notary Public in andfor m said Slate,personally appeared m Ck; E t r personally known to me(or proved to me on the basis of sells- i!K.�007�0 OFFICIAL SEAL A factory evidence)lobe the person(s)whose name(slis/arasub- LINDA $. OSBORN scribed to the within instrument and acknowledged to ma that NOTARY A)BLICCALIF0gN1A he/she/they executed the same. PRINCIPAL OFFICE IN RIVERSIDE COUNTY WITNESS my hand and official seal. Nly COrttTiSsion Expires Dec. 5, 1986 Signalurp-, ,`G /1'��. (This area for official notarial seal) ORDINANCE NO. 380 c1r Mprovision hereof, the prevailing party shall be entitled to reasonable attorney's fees L\t together with other legally allowable costs. 9. This agreement shall be reviewed by the CITY planning commission every 6 months, at which time the applicant or his successor shall be required to demonstrate good faith compliance with the terms of the agreement. If as a result of this review, the commission finds and determines, on the basis of substantial evidence, that the applicant has not complied in good faith with terms or conditions of the agreement, it shall recommend to the city council that the agreement be modified or terminated. If the city council concurs with the planning commission recommendation the agreement shall be modified or terminated. Proceeding before the city council shall be a noticed Public hearing. If at the time of the hearings substantial improvements have not yet occurred on the site, termination of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith and the zoning of the property. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated then enforcement of provisions of this agreement shall be pursued through legal action per No. 8 of this AGREEMENT. 10. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. II. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each 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 the parties have executed this AGREEMENT the year and date first above written. TE MARTINEZ THE CITY OF PALM DESERT (Notarized) ATTEST: . f . ORDINANCE NO. 380 er 3. Rent for affordable units shall not exceed 30% of the gross income of moderate 4 4income households. One bedroom, one bath units shall be based on income figures for two person households; two bedroom, two bath units, four person households; C4 resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. Max. Rents Max. Income 1 bedroom 1 bath $501 $20,062 2 bedroom 2 bath $628 $25,100 4. The DEVELOPER or his assigned management agent shall be responsible for determining elgibility of prospective tenants. Prior to opening the project the DEVELOPER shall submit for approval a plan to the,CITY describing the.procedure for determining and enforcing eligibility requirements. This plan shall include annual qualification by all eligible households and a semi-annual audit at the DEVELOPER'S cost by the CITY or its assigned agents determining compliance with all aspects of this agreement. 5. The DEVELOPER shall not discriminate on the basis of race, creed, sex, national origin, or age. The MODERATE AFFORDABLE UNITS shall be equipped in the same fashion and their exterior shall be identical in quality and desirability as other units in the project. The AFFORDABLE UNITS shall be evenly dispersed throughout the prjject. The exact location of the AFFORDABLE UNITS shall be changed from time to time as vacancies permit. 6. The DEVELOPER shall maintain the quality of the buildings, grounds and recreation facilities consistent with their condition at the time of issuance of certificate of occupancy. The DEVELOPER shall post a $2500 bond or other satisfactory security assuring the performance of any work the CITY feels is necessary to meet this requirement in a form satisfactory to the CITY. 7. The term of this agreement shall run for thirty years during which period 10 aforementioned MODERATE AFFORDABLE UNITS shall be reserved for moderate income household. During the first ten years of this agreement the entire PROJECT shall be maintained as rental housing. Thereafter the DEVELOPER or his successor may apply to amend this agreement to allow condominium conversion. The DEVELOPER will be required to conform to all applicable zoning and building regulations. The amendment would include a program to maintain the availability of the MODERATE AFFORDABLE UNITS for lower income households throughout the remaining term of the agreement. 8. The provisions of this agreement shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any -3- i MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 1984 Vill. MISCELLANEO MS A. DA-5 (for PP 84-5)- TED MARTINEZ and VORTEX, Applicants Approval of a resolution recommending to the city council approval of a development agreement relating to terms and conditions for the renting of an approved 28 unit apartment complex located 225 feet south of the Highway III frontage road, between Deep Canyon Road and Shadow Hills Road. Mr. Diaz informed commission that this development agreement was consistent with other agreements previously adopted and recommended approval. Commissioner Downs asked how similar this agreement was compared to the others adopted. Mr. Diaz replied that this was exactly the same. Commissioner Richards felt the commission was obligated to maintain and monitor the units as set forth in the general plan for affordable housing and/or apartment units. Commissioner Downs agreed and stated that before too many other developments with density bonuses are approved, the few that have been approved should be monitored. Mr. Diaz stated that this application is one of the last ones and these type of projects have been put on a "holding pattern". Moved by Commissioner Richards, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 967, recommending approval of DA-5 to the city council. Carried unanimously .5-0 IX. ORAL COMMUNICATIONS - NONE X. COMMENTS Staff was instructed to start preparing agendas for planning commission study sessions. Staff was instructed to list as an item for the August 7, 1984, study session, legal noticing procedures (i.e. signs posted at subject properties; 300 feet limitation; mailing of legal notices on time; possibility of having agenda published in newspapers). Mr. Diaz informed planning commission was invited to attend city council study session on June 28th for discussion of hillside development, specifically George Fox property. Chairman Crites congratulated Commissioner Erwood on his election for Vice Chairman; Commissioner Wood was thanked for his efforts as Chairman of the Planning Commission. XI. ADJOURNMENT The meeting was adjourned at 4:06 p.m. RAMON A. DIAZ, Secretary ATTEST: BUFORD CRITES, Chairman -6- ORDINANCE NO. 380 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE RENTING OF AN APPROVED 28 UNIT APARTMENT COMPLEX LOCATED 225 FEET SOUTH OF THE HIGHWAY III FRONTAGE ROAD, BETWEEN DEEP CANYON ROAD AND SHADOW HILLS ROAD. Case No. DA-5 WHEREAS, the City Council of the City of Palm Desert, California;did•on the 28th day of June, 1984, hold a hearing to consider a request by;TED MARTINEZ for approval of a development agreement specifying the terms and conditions-far—the-fenting of an approved 28 unit apartment complex located 225 feet south of the Highway III frontage road, between Deep Canyon Road and Shadow Hills Road, more particularly described as: Lots 2,3,8,9 of Shadow Hills Estates Tract or APN 625-162-036 WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89," in that the director of environmental services had determined the project has been assessed in connection with previous approvals and no further documentation is deemed necessary. WHEREAS, at said hearing, upon hearing and considering the testimony and arguments of all persons desiring to be heard, said city council did find the following facts and reasons to exist to approve the development agreement. 1. The proposed development agreement is consistent with the general plan zoning ordinance and specifically implements policies contained within the housing element. 2. The proposed agreement will facilitate the production of housing affordable by moderate income households. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That it does hereby approve DA-5 as described in Exhibit "A" for reasons set out in this Ordinance. 3. The City Clerk is directed to publish this Ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, and shall certify to the passage of adoption of this Ordinance, shall submit to the Riverside County Recorder for recordation, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this _ day of , 1984, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: WALTER H. SNYDER, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California Ar #i ORDINANCE NO. 380 EXHIBIT "A" TED MARTINEZ AFFORDABLE HOUSING AGREEMENT This agreement, made as of this _ day of , 1984, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Ted Martinez, (hereinafter "DEVELOPER") provides: Recitals 1. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1, attached hereto and made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and been granted a density bonus pursuant to Section 65915 of the California Government Code and approval of a precise plan (PP 84-5) to construct 28 residential rental units on the PROPERTY. 2. As a condition of said approvals, CITY has required that a specified number of units within Precise Plan 84-5 (hereinafter "PROJECT") would be set aside for moderate income occupants subject to restrictions necessary to insure the continued occupancy of said units by low income households. 3. DEVELOPER and CITY desire to further memorialize and implement the conditions of said approval and do hereby agree to the following terms and conditions. Agreement 1. DEVELOPER has been conditionally granted permission by the CITY to construct 28 rental residential units on the PROPERTY by Precise Plan 84-5 and Planning Commission Resolution No. 948. As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent 6 units for moderate income households. Hereinafter these 6 units shall be referred to as "MODERATE AFFORDABLE UNITS." 2. As used herein, "moderate income households" shall refer to families or individuals whose gross income does not exceed 100% of the Riverside/San Bernardino County median income based upon financial and demographic information received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is contained in "Exhibit 2" and shall be updated automatically as information is obtained from HUD. If in the future more relevant or timely data is made available by other officially recognized agencies, the applicant may request amendment of this agreement to include such data. -2- s ORDINANCE NO. 380 3. Rent for affordable units shall not exceed 30% of the gross income of moderate income households. One bedroom, one bath units shall be based on income figures for two person households; two bedroom, two bath units, four person households; resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. Max. Rents Max. Income 1 bedroom 1 bath $501 $20,062 2 bedroom 2 bath $628 $25,100 4. The DEVELOPER or his assigned management agent shall be responsible for determining elgibility of prospective tenants. Prior to opening the project the DEVELOPER shall submit for approval a plan to the CITY describing the procedure for determining and enforcing eligibility requirements. This plan shall include annual qualification by all eligible households and a semi-annual audit at the DEVELOPER'S cost by the CITY or its assigned agents determining compliance with all aspects of this agreement. 5. The DEVELOPER shall not discriminate on the basis of race, creed, sex, national origin, or age. The MODERATE AFFORDABLE UNITS shall be equipped in the same fashion and their exterior shall be identical in quality and desirability as other units in the project. The AFFORDABLE UNITS shall be evenly dispersed throughout the pojrect. The exact location of the AFFORDABLE UNITS shall be changed from time to time as vacancies permit. 6. The DEVELOPER shall maintain the quality of the buildings, grounds and recreation facilities consistent with their condition at the time of issuance of certificate of occupancy. The DEVELOPER shall, post a $2500 bond or other satisfactory security assuring the performance of any work the CITY feels is necessary to meet this requirement in a form satisfactory to the CITY. 7. The term of this agreement shall run for thirty years during which period 10 aforementioned MODERATE AFFORDABLE UNITS shall be reserved for moderate income household. During the first ten years of this agreement the entire PROJECT shall be maintained as rental housing. Thereafter the DEVELOPER or his successor may apply to amend this agreement to allow condominium conversion. The DEVELOPER will be required to conform to all applicable zoning and building regulations. The amendment would include a program to maintain the availability of the MODERATE AFFORDABLE UNITS for lower income households throughout the remaining term of the agreement. 8. The provisions of this agreement shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any -3- ORDINANCE NO. 380 provision hereof, the prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. 9. This agreement shall be reviewed by the CITY planning commission every 6 months, at which time the applicant or his successor shall be required to demonstrate good faith compliance with the terms of the agreement. If as a result of this review, the commission finds and determines, on the basis of substantial evidence, that the applicant has not complied in good faith with terms or conditions of the agreement, it shall recommend to the city council that the agreement be modified or terminated. If the city council concurs with the planning commission recommendation the agreement shall be modified or terminated. Proceeding before the city council shall be a noticed public hearing. If at the time of the hearings substantial improvements have not yet occurred on the site, termination of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith and the zoning of the property. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated then enforcement of provisions of this agreement shall be pursued through legal action per No. 8 of this AGREEMENT. 10. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held .to be unenforceable, such determination shall not affect the validity of the remaining portions. 11. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each 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 the parties have executed this AGREEMENT the year and date first above written. TED MARTINEZ THE CITY OF PALM DESERT (Notarized) ATTEST: -4- ORDINANCE NO. 380 EXHIBIT "I" LEGAL DESCRIPTION OF PROPERTY Lots 2, 3, 8 & 9 of Shadow Hills Estates Tract, also known as: Assessor parcel number 625-162-036. -5- ORDINANCE NO. 3g0 EXHIBIT "2" HUD MEDIAN INCOME LIMITS March, 1983 PERSON IN FAMILY 2 $20,062 4 $25,100 -6- 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: June 22, 1984 Ted Martinez Vortex 14032 Enderle St. 38-725 Adams St. Tustin, CA 92680 Bermuda Dunes, CA 92201 R (fP -5) The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of June 19, 1984. Approved by Planning Commission Resolution No. 967 Any appeal of the above action may be made in writing to the director of environmental services, City of Palm Dessert, within fifteen (15) days of the date of the decision. RAMON A. DIAZ, SECRETARY PLANNING COMMISSION RAD/Icr cc: Coachella Valley Water District File \ f l PLANNING COMMISSION RESOLUTION NO. 967 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE RENTING OF AN APPROVED 28 UNIT APARTMENT COMPLEX LOCATED 225 FEET SOUTH OF THE HIGHWAY III FRONTAGE ROAD, BETWEEN DEEP CANYON ROAD AND SHADOW HILLS ROAD. Case No. DA-5 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of June, 1984, hold a hearing to consider a request by TED MARTINEZ for approval of a development agreement specifying the terms and conditions for the renting of an approved 28 unit apartment complex located 225 feet south of the Highway I I I frontage road, between Deep Canyon Road and Shadow Hills Road, more particularly described as: Lots 2,3,8,9 of Shadow Hills Estates Tract or APN 625-162-036 WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89," in that the director of environmental services had determined the project has been assessed in connection with previous approvals and no further documentation is deemed necessary. WHEREAS, at said hearing, upon hearing and considering the testimony and arguments of all persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of the development agreement. 1. The proposed development agreement is consistent with the general plan zoning ordinance and specifically implements policies contained within the housing element. 2. The proposed agreement will facilitate the production of housing affordable by moderate income households. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That it does hereby recommend approval to the City Council that DA-5 be adopted as described in Exhibits"A" for reasons set out in the staff report and this resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of June, 1984, by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARDS, WOOD, CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE BIJFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary /lr PLANNING COMMIS—JN RESOLUTION NO. 967 EXHIBIT "A" TED MARTINEZ AFFORDABLE HOUSING AGREEMENT This agreement, made as of this _ day of , 1984, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Ted Martinez, (hereinafter "DEVELOPER") provides: Recitals 1. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1, attached hereto and made a part hereof (hereinafter "PROPERTY'). DEVELOPER has applied for and been granted a density bonus pursuant to Section 65915 of the California Government Code and approval of a precise plan (PP 84-5) to construct 28 residential rental units on the PROPERTY. 2. As a condition of said approvals, CITY has required that a specified number of units within Precise Plan 84-5 (hereinafter "PROJECT") would be set aside for moderate income occupants subject to restrictions necessary to insure the continued occupancy of said units by low income households. 3. DEVELOPER and CITY desire to further memorialize and implement the conditions of said approval and do hereby agree to the following terms and conditions. Agreement 1. DEVELOPER has been conditionally granted permission by the CITY to construct 28 rental residential units on the PROPERTY by Precise Plan 84-5 and Planning Commission Resolution No. 948. As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent 6 units for moderate income households. Hereinafter these 6 units shall be referred to as "MODERATE AFFORDABLE UNITS." 2. As used herein, "moderate income households" shall refer to families or individuals whose gross income does not exceed 100% of the Riverside/San Bernardino County median income based upon financial and demographic information received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is contained in "Exhibit 2" and shall be updated automatically as information is obtained from HUD. If in the future more relevant or timely data is made available by other officially recognized agencies, the applicant may request amendment of this agreement to include such data. 3. Rent for affordable units shall not exceed 30% of the gross income of moderate -2- ' PLANNING COMMISSION RESOLUTION NO. 967 income households. One bedroom, one bath units shall be based on income figures for two person households; two bedroom, two bath units, four person households; resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. Max. Rents Max. Income 1 bedroom 1 bath $501 $20,062 2 bedroom 2 bath $628 $25,100 4. The DEVELOPER or his assigned management agent shall be responsible for determining elgibility of prospective tenants. Prior to opening the project the DEVELOPER shall submit for approval a plan to the CITY describing the procedure for determining and enforcing eligibility requirements. This plan shall include annual qualification by all eligible households and a semi-annual audit at the DEVELOPER'S cost by the CITY or its assigned agents determining compliance with all aspects of this agreement. 5. The DEVELOPER shall not discriminate on the basis of race, creed, sex, national origin, or age. The MODERATE AFFORDABLE UNITS shall be equipped in the same fashion and their exterior shall be identical in quality and desirability as other units in the project. The AFFORDABLE UNITS shall be evenly dispersed throughout the pojrect. The exact location of the AFFORDABLE UNITS shall be changed from time to time as vacancies permit. 6. The DEVELOPER shall maintain the quality of the buildings, grounds and recreation facilities consistent with their condition at the time of issuance of certificate of occupancy. The DEVELOPER shall post a $2500 bond or other satisfactory security assuring the performance of any work the CITY feels is necessary to meet this requirement in a form satisfactory to the CITY. 7. The term of this agreement shall run for thirty years during which period 10 aforementioned MODERATE AFFORDABLE UNITS shall be reserved for moderate income household. During the first ten years of this agreement the entire PROJECT shall be maintained as rental housing. Thereafter the DEVELOPER or his successor may apply to amend this agreement to allow condominium conversion. The DEVELOPER will be required to conform to all applicable zoning and building regulations. The amendment would include a program to maintain the availability of the MODERATE AFFORDABLE UNITS for lower income households throughout the remaining term of the agreement. 8. The provisions of this agreement shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. -3- PLANNING COMMIS )N RESOLUTION NO. 967 9. This agreement shall be reviewed by the CITY planning commission every 6 months, at which time the applicant or his successor shall be required to demonstrate good faith compliance with the terms of the agreement. if as a result of this review, the commission finds and determines, on the basis of substantial evidence, that the applicant has not complied in good faith with terms or conditions of the agreement, it shall recommend to the city council that the agreement be modified or terminated. If the city council concurs with the planning commission recommendation the agreement shall be modified or terminated. Proceeding before the city council shall be a noticed public hearing. If at the time of the hearings substantial improvements have not yet occurred on the site, termination of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith and the zoning of the property. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated then enforcement of provisions of this agreement shall be pursued through legal action per No. 8 of this AGREEMENT. 10. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 11. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each 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 the parties have executed this AGREEMENT the year and date first above written. TED MARTINEZ THE CITY OF PALM DESERT (Notarized) ATTEST: -4- PLANNING COMMISSION RESOLUTION NO. 967 EXHIBIT "1" LEGAL DESCRIPTION OF PROPERTY Lots 2, 3, 8 6c 9 of Shadow Hills Estates Tract, also known as: Assessor parcel number 625-162-036. -5- PLANNING COMMISSION RESOLUTION NO. 967 EXHIBIT "2" HUD MEDIAN INCOME LIMITS March, 1983 PERSON IN FAMILY 2 $20,062 4 $25,100 -6- City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: June 9, 1984 CASE NO: DA-5 (for PP 84-5) REQUEST: Approval of a resolution recommending to the city council approval of a development agreement relating to terms and conditions for the renting of an approved 28 unit apartment complex located 225 feet south of the Highway III frontage road, between Deep Canyon Road and Shadow Hills Road. APPLICANT: TED MARTINEZ 14032 Enderle St. Tustin, CA 92680 ARCHITECT: VORTEX 38-725 Adams St. Bermuda Dunes, CA 92201 1. BACKGROUND: This development agreement implements PP 84-5 which was approved by the planning commission on May 1, 1984. The approval is to provide 6 of 28 units as moderate income units under the State of California density bonus program. For this project maximum monthly rents would be $501 for a one bedroom, one bath unit and $628 for a two bedroom, 2 bath unit. The terms of this agreement are essentially the same as previously approved for other density bonus projects such as Nelson Development Company's 40 unit apartment approved June 5, 1984. U. STAFF RECOMMENDATION: This development agreement is acceptable and implements PP 84-5 and staff recommend adoption of Planning Commission Resolution No. , recommending DA-5 to the city council. III. ATTACHMENTS: A. Draft Resolution B. Planning Commission Resolution No. 948, approving PP 84-5 and PMW 84-3. Prepared by Reviewed and Approved by I.077 q 4 Ar PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE RENTING OF AN APPROVED 28 UNIT APARTMENT COMPLEX LOCATED 225 FEET SOUTH OF THE HIGHWAY III FRONTAGE ROAD, BETWEEN DEEP CANYON ROAD AND SHADOW HILLS ROAD. Case No. DA-5 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of June, 1984, hold a hearing to consider a request by TED MARTINEZ for approval of a development agreement specifying the terms and conditions for the renting of an approved 28 unit apartment complex located 225 feet south of the Highway III frontage road, between Deep Canyon Road and Shadow Hills Road, more particularly described as: Lots 2,3,8,9 of Shadow Hills Estates Tract or APN 625-162-036 WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89," in that the director of environmental services had determined the project has been assessed in connection with previous approvals and no further documentation is deemed necessary. WHEREAS, at said hearing, upon hearing and considering the testimony and arguments of all persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of the development agreement. 1. The proposed development agreement is consistent with the general plan zoning ordinance and specifically implements policies contained within the housing element. 2. The proposed agreement will facilitate the production of housing affordable by moderate income households. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That it does hereby recommend approval to the City Council that DA-5 be adopted as described in Exhibits"A" for reasons set out in the staff report and this resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert PlanningCommission held on this 19th day of June 1984 b the following vote to wit: � Y � , Y g � AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary /lr PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" TED MARTINEZ AFFORDABLE HOUSING AGREEMENT This agreement, made as of this _ day of 1984, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Ted Martinez, (hereinafter "DEVELOPER") provides: Recitals 1. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1, attached hereto and made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and been granted a density bonus pursuant to Section 65915 of the California Government Code and approval of a precise plan (PP 84-5) to construct 28 residential rental units on the PROPERTY. 2. As a condition of said approvals, CITY has required that a specified number of units within Precise Plan 84-5 (hereinafter "PROJECT") would be set aside for moderate income occupants subject to restrictions necessary to insure the continued occupancy of said units by low income households. 3. DEVELOPER and CITY desire to further memorialize and implement the conditions of said approval and do hereby agree to the following terms and conditions. Agreement 1. DEVELOPER has been conditionally granted permission by the CITY to construct 28 rental residential units on the PROPERTY by Precise Plan 84-5 and Planning Commission Resolution No. 948. As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent 6 units for moderate income households. Hereinafter these 6 units shall be referred to as "MODERATE AFFORDABLE UNITS." 2. As used herein, "moderate income households" shall refer to families or individuals whose gross income does not exceed 100% of the Riverside/San Bernardino County median income based upon financial and demographic information received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is contained in "Exhibit 2" and shall be updated automatically as information is obtained from HUD. If in the future more relevant or timely data is made available by other officially recognized agencies, the applicant may request amendment of this agreement to include such data. 3. Rent for affordable units shall not exceed 30% of the gross income of moderate -2- PLANNING COMMISSION RESOLUTION NO. income households. One bedroom, one bath units shall be based on income figures for two person households; two bedroom, two bath units, four person households; resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. Max. Rents Max. Income 1 bedroom 1 bath $501 $20,062 2 bedroom 2 bath $628 $25,100 4. The DEVELOPER or his assigned management agent shall be responsible for determining elgibility of prospective tenants. Prior to opening the project the DEVELOPER shall submit for approval a plan to the CITY describing the procedure for determining and enforcing eligibility requirements. This plan shall include annual qualification by all eligible households and a semi-annual audit at the DEVELOPER'S cost by the CITY or its assigned agents determining compliance with all aspects of this agreement. 5. The DEVELOPER shall not discriminate on the basis of race, creed, sex, national origin, or age. The MODERATE AFFORDABLE UNITS shall be equipped in the same fashion and their exterior shall be identical in quality and desirability as other units in the project. The AFFORDABLE UNITS shall be evenly dispersed throughout the pojrect. The exact location of the AFFORDABLE UNITS shall be changed from time to time as vacancies permit. 6. The DEVELOPER shall maintain the quality of the buildings, grounds and recreation facilities consistent with their condition at the time of issuance of certificate of occupancy. The DEVELOPER shall post a $2500 bond or other satisfactory security assuring the performance of any work the CITY feels is necessary to meet this requirement in a form satisfactory to the CITY. 7. The term of this agreement shall run for thirty years during which period 10 aforementioned MODERATE AFFORDABLE UNITS shall be reserved for moderate income household. During the first ten years of this agreement the entire PROJECT shall be maintained as rental housing. Thereafter the DEVELOPER or his successor may apply to amend this agreement to allow condominium conversion. The DEVELOPER will be required to conform to all applicable zoning and building regulations. The amendment would include a program to maintain the availability of the MODERATE AFFORDABLE UNITS for lower income households throughout the remaining term of the agreement. 8. The provisions of this agreement shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. -3- PLANNING COMMISSION RESOLUTION NO. 9. This agreement shall be reviewed by the CITY planning commission every 6 months, at which time the applicant or his successor shall be required to demonstrate good faith compliance with the terms of the agreement. If as a result of this review, the commission finds and determines, on the basis of substantial evidence, that the applicant has not complied in good faith with terms or conditions of the agreement, it shall recommend to the city council that the agreement be modified or terminated. If the city council concurs with the planning commission recommendation the agreement shall be modified or terminated. Proceeding before the city council shall be a noticed public hearing. If at the time of the hearings substantial improvements have not yet occurred on the site, termination of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith and the zoning of the property. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated then enforcement of provisions of this agreement shall be pursued through legal action per No. 8 of this AGREEMENT. 10. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 11. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each 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 the parties have executed this AGREEMENT the year and date first above written. TED MARTINEZ THE CITY OF PALM DESERT (Notarized) ATTEST: -4- PLANNING COMMISSIGi. RESOLUTION NO. EXHIBIT "1" LEGAL DESCRIPTION OF PROPERTY Lots 2, 30 8 & 9 of Shadow Hills Estates Tract, also known as: Assessor parcel number 625-162-036. -5- PLANNING COMMISSION RESOLUTION NO. EXHIBIT 112" HUD MEDIAN INCOME LIMITS March, 1983 PERSON IN FAMILY 2 $20,062 4 $25,100 -6- PLANNING COMMISSION RESOLUTION NO. 948 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN AND PARCEL MAP WAIVER TO ALLOW CONSTRUCTION OF A 28 UNIT APARTMENT PROJECT 225 FEET SOUTH OF THE HIGHWAY III FRONTAGE ROAD, BETWEEN DEEP CANYON ROAD AND SHADOW HILLS ROAD. CASE NO. PP 84-5 and PMW 84 3 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of May, 1984, hold a duly noticed public hearing to consider the request of TED MARTINEZ for approval of a precise plan of design and parcel map waiver to allow constment project 'density bonus as stateruction law) inof a the Rg3unit z neponta 56,400 square tfoot sites%lo'cated 225 feet south of thby e Highway ly frontage road, between Deep Canyon Road and Shadow Hills Road, more particularly described as: APN 625-162-036 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89,,, in that the director of environmental services has determined that the project will not have an adverse impact on the environment and a negative declaration has been prepared. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, of all interested persons desiring to be heard, said commission did find the following facts and reasons to exist to justify the granting of said precise plan of design: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3• The precise plan will not endanger the public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: i 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That approval of Precise Plan 84-5 is hereby granted for reasons subject to the attached conditions. 3. That Parcel Map Waiver 84-3 is hereby approved. 4. That a Negative Declaration of Environment is hereby approved. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 1st day of May, 1984, by the following vote, to wit: AYES: CRITES, DOWNS, ERWOOD, RICHARDS, WOOD NOES: NONE ABSENT: NONE ABSTAIN: NONE RALPH B. WOOD, Chairrnan ATTEST: RAMON A. DIAZ, Secretary /lr -1- PLANNING COMMISSION RESOLUTION NO, 948 CONDITIONS OF APPROVAL Case No. PP 84-5 and PMW 84-3 Department of Environmental Services: 1• The development of the property shall conform substantially with Exhibits on file with the department of environmental services, as modified by the following conditions. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, architectural review, subdivision process, and building permit procedures. 3. Construction of a portion of said project shall commence within one year from the date of final approval unless a time extension is granted, otherwise said approval shall become null, void and of no effect whatsoever. 4. 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. 5. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Riverside County Department of Health Palm Desert Architectural Review Process City Fire Marshal Coachella Valley Water District Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 6. Each covered parking space to be 10 feet in width as required by city "design standards for off-street parking facilities." 7. Open parking spaces along soutF 4 property line and Shadow Hills Road to be modified so that length is 17 feet with three foot overhang added to landscape area. 8• Walls shall be provided to screen open parking areas from streets; walls to be 42 inches in height. 9. Palm trees adjacent to Deep Canyon Drive to be retained or relocated on site, if feasible. 10. Applicant to contact motel owner/operator to north regarding disposition of their trash access through subject property. 11. Twenty-five percent of the units shall be reserved and be affordable for moderate income households. Prior to issuance of a building permit, the developer shall execute an agreement with the city specifying the terms and conditions by which the required moderate income units shall be rented and controlled. 12. A decorative wall 6 feet in height, shall be installed along the north property line adjacent to the vacant lot frontage. Department of Public Works: 13. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. -2- PLANNING COMMISSION RESOLUTION NO. 948 14. Drainage facilities shall be provided, per Ordinance No. 218 and the Drainage Plan, to the specifications of the director of public works. Master 15• Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 16. Full public improvements, including traffic safety lighting, as required by ordinance and the director of public works, shall be installed in accordance with city standards. 17. Complete Iinprovement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construction of any improvements is commenced. The developer shall submit "as-built" plans prior to acceptance of the improvements by the city. 18. Landscaping maintenance on Deep Canyon Road and Shadow Hills shall be provided by the owners. 19. Existing utilities on Deep Canyon Road and Shadow Hills shall be undergrounded. 20. Complete grading plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval prior to issuance of any permits. 21. Installation of curb and gutter at twenty feet from centerline, matching paving and sidewalk on Deep Canyon Road and Shadow Hills Drive. 22• Offsite improvement plans to be approved by public works department and a surety posted to guarantee the required offsite improvements prior to building permits being issued. 23. Size, number and location of driveways to public works specfications. City Fire Marshal: 24. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a 2 hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the suply main from which the flow is measured at the time of measurement. Fire flow requirements will depend on built-in fire protection provisions of buildings. 25. Install Riverside County super fire hydrants located at each intersection: a. but not greater than 500 feet apart in any direction. b• so that no point of any bulding is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. C. exterior surface of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. d. curbs shall be painted red 15 feet in either direction from each hydrant. e• hydrants shall not be located closer than 25 feet to any building. 26. Prior to recordation of the final map, the developer shall furnish the original and three copies of the water system plan to the fire marshal for review. 27. Prior to issuance of a building permit, the developer shall furnish the original and 3 copies of the water system plan to the fire marshal for review. Upon approval, one COPY will be sent to the building department, and the original will be returned to the developer. 28. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in PP 84-5 is in accordance with the requirements prescribed by the fire marshal." 29. Prior to delivery of combustible materials to the building site, the required water -3- PLANNING COMMISSION RESOLUTION NO. 948 system shall be installed, operating and delivering the required flow. 30. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 31. Fire lanes are required. /lr i -4- MINUTES PALM DESERT PLANNING COMMISSION MAY 1, 1984 be violated by human beings. Commissioner Erwood added that he was very familiar with the crime rate and his experience is that it is higher for the single family detached residents than apartments. He felt that with the amenities proposed for the project it makes it compatible to country club living. Moved by Commissioner Richards, seconded by Commissioner Crites, to approve the findings as recommended by staff. Carried 4-0-1 (Wood abstained). Moved by Commssioner Richards, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 947, recommending approval of C/Z 84-1, PP 84-3, and DA-3 to the city council, subject to conditions. Carried 4-0-1 (Wood abstained). A RECESS WAS CALLED AT 10:08 P.M. - THE MEETING RECONVENED AT 10:18 P.M. E. Case Nos. P�d PMW 84-3 - TED MARTINEZ, Applicant Request for approval of a precise plan of design, Negative Declaration of Environmental Impact and parcel map waiver to consolidate the site into one lot to allow construction of a 28 unit apartment project (utilizing 25% density bonus allowed by state law) in the R-3 (Multiple family zone, one unit per 2500 square feet of land) located 225 feet south of the Highway Ill Frontage Road, between Deep Canyon Road and Shadow Hills Road. Mr. Sawa reviewed the staff report and recommended approval. Chairman Wood opened the public hearing and asked if the applicant wished to make a presentation. MR. TED MARTINEZ, 14032 Enderle St., Tustin, was present to answer any questions the commission might have. Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the public hearing was closed. Commissioner Richards noted that this proposal was thoroughly discussed at their study session and felt it was a good project. Moved by Commissioner Downs, seconded by Commissioner Richards, to approve the findings as recommended by staff. Carried unanimously 5-0. Moved by Commissioner Downs, seconded by Commissioner Crites, to adopt Planning Commission Resolution No. 948, approving PP 84-5 and PMW 84-3, subject to conditions. Carried unanimously 5-0. F. Case No. PP 84-6 - STEPHANOS KAPOROS, Applicant Request to allow construction of a duplex in a multifamily residential zone located on the south side of Candlewood Street, 144 feet west of Quailbrush Avenue. Mr. Diaz reviewed the staff report and recommended approval. Commissioner Richards asked what the size of the units were. Mr. Diaz replied about 1100 to 1200 sq.ft. Chairman Wood opened the public hearing and asked if the applicant wished to make a presentation. The applicant was not present. -7- June 8, 1984 CITY OF PALM DESERT LEGAL NOTICE DEVELOPMENT AGREEMENT - 5 (DA-5) NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider the request of TED MARTINEZ for approval of a development agreement regarding a moderate income housing project located 225 feet south of the Highway I I I frontage road, between Deep Canyon Road and Shadow Hills Road. SAID public hearing will be held on Thursday, June 28, 1984, at 7:00 P.M. in the Palm Desert Civic Center Council Chamber, 73-510 Fred Waring Drive, Palm Desert, at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post June 15, 1984 City of Palm Desert Transmittal Letter I. TO: Honorable Mayor and City Council II. REQUEST: Approval of a resolution recommending to the city council approval of a development agreement relating to terms and conditions for the renting of an approved 28 unit apartment complex located 225 feet south of the Highway III frontage road, between Deep Canyon Road and Shadow Hills Road. III. APPLICANT:TED MARTINEZ VORTEX 14032 Enderle St. 38-725 Adams St. Tustin, CA 92680 Bermuda Dunes, CA 92201 IV. CASE NO: DA-5 (for PP 84-5) V. DATE: July 26, continued from June 28, 1984 VI. CONTENTS: A. Staff Recommendation. B. Discussion. C. Draft Ordinance No. 380. D. Planning Commission Minutes. E. Planning Commission Resolution No. 948, recommending DA-5. F. Planning Commission Staff Report dated June 19, 1984. G. Related maps and/or exhibits. A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. 380 to second reading. B. DISCUSSION: This item has been continued from the meeting of June 28, 1984, due to questions regarding the density bonus units. A separate report is on this agenda dealing with that issue. The previous report and draft ordinance is attached for your review and action. /lr 4- 173-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: May 4, 1984 Ted Martinez Vortex 14032 Enderle St. 38-725 Adams St. Tustin, CA 92680 Bermuda Dunes, CA 92201 Re: d PMW 84-3 C784:�Y The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of May 1, 1984. Approved by Adoption of Resolution No. 948 Any appeal of the above action may be made in writing to the director of environmental services, City of Palm Desert, within fifteen (15) days of the date of the decision. j RAMON A. DIAZ, SECRETARY PLANNING COMMISSION } I RAD/Icr cc: Coachella Valley Water District File PLANNING COMMISSION RESOLUTION NO. 948 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN AND PARCEL MAP WAIVER TO ALLOW CONSTRUCTION OF 'A 28 UNIT APARTMENT PROJECT 225 FEET SOUTH OF THE HIGHWAY III FRONTAGE ROAD, BETWEEN DEEP CANYON ROAD AND SHADOW HILLS ROAD. CASE NO. PP 84-5 and PMW 84-3 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of May, 1984, hold a duly noticed public hearing to consider the request of TED MARTINEZ for approval of a precise plan of design and parcel map waiver to allow construction of a 28 unit apartment project (utilizing 25% 'idensity bonus as allowed by state law) in the R-3 zone on a 56,400 square foot site, located 225 feet south of the Highway III frontage road, between Deep Canyon Road and Shadow Hills Road, more particularly described as: APN 625-162-036 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89," in that the director of environmental services has determined that the project will not have an adverse impact on the environment and a negative declaration has been prepared. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, of all interested persons desiring to be heard, said commission did find the following facts and reasons to exist to justify the granting of said precise plan of design: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: i 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That approval of Precise Plan 84-5 is hereby granted for reasons subject to the attached conditions. 3. That Parcel Map Waiver 84-3 is hereby approved. 4. That a Negative Declaration of Environment is hereby approved. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 1st day of May, 1984, by the following vote, to wit: I AYES: CRITES, DOWNS, ERWOOD, RICHARDS, WOOD NOES: NONE ABSENT: NONE ABSTAIN: NONE RALPH B. WOOD, Chairman a ATTEST: RAMON A. DIAZ, Secretary /lr -1- PLANNING COMMISSION RESOLUTION NO. 948 CONDITIONS OF APPROVAL Case No. PP 84-5 and PMW 84-3 Department of Environmental services: 1. The development of the property shall conform substantially with Exhibits on file with the department of environmental services, as. modified by the following conditions. 2. Prior to the issuance of a building permit for' construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, architectural review, subdivision process, and building permit procedures. 3. Construction of a portion of said project shall commence within one year from the date of final approval unless a time extension is granted, otherwise said approval shall become null, void and of no effect whatsoever. 4. 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. 5. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Riverside County Department of Health Palm Desert Architectural Review Process City Fire Marshal Coachella Valley Water District f� 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 `J for the use contemplated herewith. 6. Each covered parking space to be 10 feet in width as required by city "design standards for off-street parking facilities." 7. Open parking spaces along south 1 property line and Shadow Hills Road to be modified so that length is 17 feet with three foot overhang added to landscape area. a 8. Walls shall be provided to screen open parking areas from streets; walls to be 42 inches in height. 9. Palm trees adjacent to Deep Canyon Drive to be retained or relocated on site, if feasible. 10. Applicant to contact motel owner/operator to north regarding disposition of their trash access through subject property. 11. Twenty-five percent of the units shall be reserved and be affordable for moderate income households. Prior to issuance of a building permit, the developer shall execute an agreement with the city specifying the terms and conditions by which the required moderate income units shall be rented and controlled. 12. A decorative wall 6 feet in height, shall be installed along the north property line adjacent to the vacant lot frontage. Department of Public Works: 13. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. _2_ PLANNING COMMISSION RESOLUTION NO. 948 14. Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drainage Plan, to the specifications of the director of public works. 15. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 16. Full public improvements, including traffic safety lighting, as required by ordinance and the director of public works, shall be installed in accordance with city standards. 17. Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construction of any improvements is commenced. The developer shall submit "as-built" plans prior to acceptance of the improvements by the city. 18. Landscaping maintenance on Deep Canyon Road and Shadow Hills shall be provided by the owners. 19. Existing utilities on Deep Canyon Road and Shadow Hills shall be undergrounded. 20. Complete grading plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval prior to issuance of any permits. 21. Installation of curb and gutter at twenty feet from centerline, matching paving and sidewalk on Deep Canyon Road and Shadow Hills Drive. 22. Offsite improvement plans to be approved by public works department and a surety posted to guarantee the required offsite improvements prior to building permits being issued. 23. Size, number and location of driveways to public works specfications. City Fire Marshal: 24. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a 2 hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the suply main from which the flow is measureq at the time of measurement. Fire flow requirements will depend on built-in fire protection provisions of buildings. 25. Install Riverside County super fire hydrants located at each intersection: a. but not greater than 500 feet apart in any direction. b. so that no point of any bulding is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. C. exterior surface of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. d. curbs shall be painted red 15 feet in either direction from each hydrant. e. hydrants shall not be located closer than 25 feet to any building. 26. Prior to recordation of the final map, the developer shall furnish the original and three copies of the water system plan to the fire marshal for review. 27. Prior to issuance of a building permit, the developer shall furnish the original and 3 copies of the water system plan to the fire marshal for review. Upon approval, one copy will be sent to the building department, and the original will be returned to the developer. 28. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in PP 84-5 is in accordance with the requirements prescribed by the fire marshal.' 29. Prior to delivery of combustible materials to the building site, the required water -3- J ' PLANNING COMMISSION RESOLUTION NO. 948 system shall be installed, operating and delivering the required flow. 30. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. . 31. Fire lanes are required. /Ir a i r w -4- NOTICE OF DETERMINATION Negative Declaration TO: (X) Office of the County Clerk ( ) Secretary for Resources County of Riverside 1416 Ninth St., Rm 1311 4050 Main Street Sacramento, CA 95814 Riverside, CA 92501 FROM : CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title/Common Name: Ted Martinez Date of Project Approval: May 1, 1984 State Clearinghouse Number (if submitted)• N/A Contact Person: Stan Sawa Project Location: 225 feet south of the Highway III frontage road, between Deep Canyon Road and Shadow Hills Road. Project Description: 28 unit apartment complex. This is to advise that the City of Palm Desert has made the following determinations regarding the above described project: 1. The project ( ) will, (X) will not, have a significant effect on the environment; 2• An Environmental Impact Report was prepared in connection with this project pursuant to the provisions of CEQA. X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the Negative Declaration may be examined at the above City Hall address. 3. Mitigation measures (X) were, ( ) were not, made a condition of the approval of the project. 4. A statement of Overriding Considerations ( ) was, (X) was not, adopted for this project. Signature Title Date Received for Filing 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (619) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: May 4, 1984 Ted Martinez Vortex 14032 Enderle St. 38-725 Adams St. Tustin, CA 92680 Bermuda Dunes, CA 92201 Re: PP 84- r ii PMw 84-31 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of May 1, 1984. Approved by Adoption of Resolution No 948 Any appeal of the above action may be made in writing to the director services, City of Palm Desert, within fifteen (15) days of the date of he decisiononmental RAMON A. DIAZ, SECRETARY PLANNING COMMISSION RAD/lcr cc: Coachella Valley water District File 4. Y f: I I J _ k i p ti h PLANNING COMMISSION RESOLUTION NO. 948 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN ' AND PARCEL MAP WAIVER TO ALLOW :CONSTRUCTION OF A 28 UNIT APARTMENT PROJECT 225 FEET SOUTH OF THE HIGHWAY III FRONTAGE ROAD, BETWEEN DEEP CANYON ROAD AND SHADOW HILLS ROAD. CASE NO. PP 84-5 and PMW 84-3 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of May, 1984, hold a duly noticed public hearing to consider the request of TED MARTINEZ for approval of a precise plan of design and parcel map waiver to allow construction of a 28 unit apartment project (utilizing 25% density bonus as allowed by state law) in the R-3 zone on a 56,400 square foot site, ldcated 225 feet south of the Highway III frontage road, between Deep Canyon Road and Shadow Hills Road, more particularly described as: APN 625-162-036 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89," in that the director of environmental services has determined that the project will not have an adverse impact on the environment and a negative declaration has been prepared. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, of all interested persons desiring to be heard, said commission did find the following facts and reasons to exist to justify the granting of said precise plan of design: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. 2• The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: . t 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That approval of Precise Plan 84-5 is hereby granted for reasons subject to the attached conditions. 3. That Parcel Map Waiver 84-3 is hereby approved. 4. That a Negative Declaration of Environment is hereby approved. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 1st day of May, 1984, by the following vote, to wit: AYES: CRITES, DOWNS, ERWOOD, RICHARDS, WOOD NOES: NONE ABSENT: NONE ABSTAIN: NONE RALPH B. WOOD, Chairman ATTEST: RAMON A. DIAZ, Secretary /lr -1- r PLANNING COMMISSION RESOLUTION NO. 948 CONDITIONS OF APPROVAL Case No. PP 84-5 and PMW 84-3 Department of Environmental Services 1. The development of the property shall conform substantially with Exhibits on file with the department of environmental services, as modified by the following conditions. 2. Prior to the issuance of a building permit for! construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, architectural review, subdivision process, and building permit procedures. 3• Construction of a portion of said project shall commence within one year from the date of final approval unless a time extension is granted, otherwise said approval shall become null, void and of no effect whatsoever. 4. The development of the property described hereln 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 maybe in force. 5• Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Riverside County Department of Health Palm Desert Architectural Review Process CityFire ire Marshal Coachella Valley Water District Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 6. Each covered parking space to be 10 feet in width as required by city "design standards for off-street parking facilities." 7. Open parking spaces along south I property line and Shadow Hills Road to be modified so that length is 17 feet with three foot overhang added to landscape area. 8• Walls shall be provided to screen open parking areas from streets; walls to be 42 inches in height. 9. Palm trees adjacent to Deep Canyon Drive to be retained or relocated on site, if feasible. 10. Applicant to contact motel owner/operator to north regarding disposition of their trash access through subject property. 11. Twenty-five percent of the units shall be reserved and be affordable for moderate income households. Prior to issuance of a building permit, .the developer shall execute an agreement with the city specifying the terms and conditions by which the required moderate income units shall be rented and controlled. 12. A decorative wall 6 feet in height, shall be installed along the north property line adjacent to the vacant lot frontage. - Department of Public Works: 13. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. -2- PLANNING COMMISSION RESOLUTION NO. 948 14. Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drainage Plan, to the specifications of the director of public works. 15. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 16. Full public improvements, including traffic safety lighting, as required by ordinance and the director of public works, shall be installed in accordance with city standards. 17. Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construction of any improvements is commenced. The developer shall submit "as-built" plans prior to acceptance of the improvements by the city. 18. Landscaping maintenance on Deep Canyon Road and Shadow Hills shall be provided by the owners. 19. Existing utilities on Deep Canyon Road and Shadow Hills shall be undergrounded. 20. Complete grading plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval prior to issuance of any permits. 21. Installation of curb and gutter at twenty feet from centerline, matching paving and sidewalk on Deep Canyon Road and Shadow Hills Drive. 22. Offsite improvement plans to be approved by public works department and a surety posted to guarantee the required offsite improvements prior to building permits being issued. 23. Size, number and location of driveways to public works specfications. City Fire Marshal: 24. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a 2 hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the suply main from which the flow is measure4 at the time of measurement. Fire flow requirements will depend on built-tin fire protection provisions of buildings. 25. Install Riverside County super fire hydrants located at each intersection: a. but not greater than 500 feet apart in any direction. b. so that no point of any bulding is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. C. exterior surface of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. d. curbs shall be painted red 15 feet in either direction from each hydrant. e. hydrants shall not be located closer than 25 feet to any building. 26. Prior to recordation of the final map, the developer shall furnish the original and three copies of the water system plan to the fire marshal for review. 27. Prior to issuance of a building permit, the developer shall furnish the original and 3 copies of the water system plan to the fire marshal for review. Upon approval, one copy will be sent to the building department, and the original will be returned to the developer. 28. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in PP 84-5 is in accordance with the requirements prescribed by the fire marshal." 29. Prior to delivery of combustible materials to the building site, the required water -3- PLANNING COMMISSION RESOLUTION NO. 948 system shall be installed, operating and delivering the;tequired flow. 30. Additional fire protection requirements may be n4cessary when the applicant submits specific plans for consideration and approval. F 31. Fire lanes are required. /Ir Y -4- City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: May 1`, 1984 CASE NO: PP 84-5' fid PMW 84-3 REQUEST: Approval of a precise plan of design, Negative Declaration of Environmental Impact and parcel map waiver to consolidate the site into one lot to allow construction of a 28 unit apartment project (utilizing 25% density bonus allowed by state law) in the R-3 (Multiple family zone, one unit per 2500 square feet of land) located 225 feet south of the Highway III Frontage Road, between Deep Canyon Road and Shadow Hills Road. APPLICANTS: TED MARTINEZ 14032 Enderle St. Tustin, CA 92680 ARCHITECT: VORTEX 38-725 Adams St. Bermuda Dunes, CA 92201 I. BACKGROUND: A. DESCRIPTION OF SITE: The property is a 56,392 sq.ft. vacant site with frontage on Deep Canyon Road and Shadow Hills Road. The site is relatively flat and contains several palm trees along Deep Canyon Road. Power lines run adjacent to Deep Canyon Road near the street property line. Along the northern property line is a tall, dense Oleander hedge, and possibly a wood fence. Along the southern property line is a low sparse hedge and chain link fence. Presently there are no street improvements on either street. B. ADJACENT ZONING AND LAND USE: North: C-1, S.P./Motel and Vacant South: R-3/Multiple Family East: R-3/Multiple Family West: R-3 (4)/Multiple Family C. GENERAL PLAN LAND USE DESIGNATION: High Density Residential, 7-18 d.u./acre. IL PROJECTION DESCRIPTION: A. PRECISE PLAN 1. General: The proposed project is a 28 unit apartment complex which would be provided in four buildings. The buildings would be partially two-story and laid out so that a central recreation area with a pool is provided in the middle. Parking is provided in two areas, one adjacent to each street. 2. Density: The property is zoned R-3 which allows one dwelling unit per 2500 Staff Report PP 84-5 & PMW 84-3 May 1, 1984 square feet of lot area. For this 56,392 square foot site, 22 dwelling units are permitted. Chapter 4.3 of the State Planning Law (California Code No. 65915) states that should a developer provide at least 25% of the units within a housing project affordable to low or moderate income households, the city shall grant a density bonus or increase of at least 25% over the number of units allowed by the zoning. If the city does not grant the increased density, then it must provide equivalent financial incentives. In this case, the density bonus would increase the allowed number of units from 22 to 28. As previously noted the applicant is proposing the maximum 28 units. The additional six units will have to be affordable by households earning less than $30,120.00 per year. The exact terms by which the rental of these units will be controlled will be the subject of an agreement between the city and developer. The agreement will have to be worked out prior to issuance of any building permits. The increased density will not result in significant negative traffic or aesthetic impacts. 3. Parking: 56 parking spaces are provided as required by code. 28 spaces are covered by carports with the remainder open. The covered spaces are shown 9.5 feet wide. The code specifically requires these spaces to be revised to be 10 feet wide. Additionally, the building and safety department has indicated that two handicap spaces are required by code. Related, but not specifically dealing with parking, is the fact that one handicap dwelling unit is required by local and state law per the building and safety department. 4. Architecture/Design: The four buildings are proposed to be Spanish in nature with exterior materials consisting of plaster, tile roofing, tile trim, wrought iron railing and painted wood shutters. The carports will be of a similar style and materials. A trash enclosure is shown adjacent to the driveway on Shadow Hills Road. The structures, some of which are only partial two stories, vary in height from 22 feet to 25 feet. Other features of the project include a decorative pool near the pedestrian entry on Deep Canyon Drive, a laundry room, and a swimming pool and jacuzzi. The submitted plan only shows partial walls adjacent to the south and north property lines. Along the south, this is acceptable since there is a hedge chain link barrier and the non-walled areas on both sides are parking areas. Along the north property line, an unwalled area of this project is adjacent to a vacant lot. Adjacent to this vacant lot a 6 foot high wall should be provided. 5. Architectural Review: The architectural commission reviewed the preliminary plans at their meeting of March 27, 1984, and approved them subject to a restudy of solar protection on the south, east, and west elevations, and provision of planters in the central courtyard. B. PARCEL MAP WAIVER: 1. General: A request has been filed by the applicant to consolidate the four lots which make up the project into one lot. This is required for this -2- Staff Report PP 84-5 & PMW 84-3 May 1, 1984 project to be constructed. The resulting lot will comply with applicable requirements for lot size, width, etc. III. ANALYSIS: A. FINDINGS FOR PRECISE PLAN: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. Justification: The use is attractive and acceptable from a design aspect and compatible with other uses existng in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. Justification: Surrounding land in the vicinity is zoned for the same type of use as proposed and owners would not be deprived the use of their land, nor would they be negatively impacted by traffic. 3. The precise plan will not endanger the public 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 existing and/or proposed code requirements. Staff feels these findings can be justified in this case. B. FINDINGS FOR APPROVAL OF PARCEL MAP WAIVER: The required findings for approval are that the proposed consolidation and the resulting lot complies with applicable requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the municipal code. These findings can be justified since the project complies with applicable city ordinances and can be serviced adequately by the utilities. C. ENVIRONMENTAL REVIEW: The director of environmental services has determined that the proposed project will not have an adverse environmental impact on the environment and a Negative Declaration of Environmental Impact has been prepared. IV. STAFF RECOMMENDATION: Staff feels the proposed project is acceptable. Therefore, we recommend: 1. Approval of findings; 2. Approval of Planning Commission Resolution No. , approving PP 84-5 and PMW 84-3, subject to conditions. V. ATTACHMENTS: A. Draft Resolution B. Legal Notice -3 Staff Report PP 84-5 & PMW 84-3 May 1, 1984 C. Draft Negative Declaration and Initial Study D. Comments from Agencies and City Departments E. Plans and Exhibits Prepared by Reviewed and Approved by /lr -4- PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN AND PARCEL MAP WAIVER TO ALLOW CONSTRUCTION OF A 28 UNIT APARTMENT PROJECT 225 FEET SOUTH OF THE HIGHWAY III FRONTAGE ROAD, BETWEEN DEEP CANYON ROAD AND SHADOW HILLS ROAD. CASE NO. PP 84-5 and PMW 84-3 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of May, 1984, hold a duly noticed public hearing to consider the request of TED MARTINEZ for approval of a precise plan of design and parcel map waiver to allow construction of a 28 unit apartment project (utilizing 25% density bonus as allowed by state law) in the R-3 zone on a 56,400 square foot site, located 225 feet south of the Highway 111 frontage road, between Deep Canyon Road and Shadow Hills Road, more particularly described as: APN 625-162-036 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89," in that the director of environmental services has determined that the project will not have an adverse impact on the environment and a negative declaration has been prepared. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, of all interested persons desiring to be heard, said commission did find the following facts and reasons to exist to justify the granting of said precise plan of design: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That approval of Precise Plan 84-5 is hereby granted for reasons subject to the attached conditions. 3. That Parcel Map Waiver 84-3 is hereby approved. 4. That a Negative Declaration of Environment is hereby approved. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 1st day of May, 1984, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RALPH B. WOOD, Chairman ATTEST: RAMON A. DIAZ, Secretary Ar -1- PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL Case No. PP 84-5 and PMW 84-3 Department of Environmental Services: 1. The development of the property shall conform substantially with Exhibits on file with the department of environmental services, as modified by the following conditions. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, architectural review, subdivision process, and building permit procedures. 3. Construction of a portion of said project shall commence within one year from the date of final approval unless a time extension is granted, otherwise said approval shall become null, void and of no effect whatsoever. 4. 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. 5. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Riverside County Department of Health Palm Desert Architectural Review Process City Fire Marshal Coachella Valley Water District Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 6. Each covered parking space to be 10 feet in width as required by city "design standards for off-street parking facilities." 7. Open parking spaces along south property line and Shadow Hills Road to be modified so that length is 17 feet with three foot overhang added to landscape area. 8. Walls shall be provided to screen open parking areas from streets; walls to be 42 inches in height. 9. Palm trees adjacent to Deep Canyon Drive to be retained or relocated on site, if feasible. 10. Applicant to contact motel owner/operator to north regarding disposition of their trash access through subject property. 11. Twenty-five percent of the units shall be reserved and be affordable for moderate income households. Prior to issuance of a building permit, the developer shall execute an agreement with the city specifying the terms and conditions by which the required moderate income units shall be rented and controlled. 12. A decorative wall 6 feet in height, shall be installed along the north property line adjacent to the vacant lot frontage. Department of Public Works: 13. L r age and signalization fund fees, as required by city ordinance, shall be paid J prior to recordation of the final map. -2- PLANNING COMMISSION RESOLUTION NO. 14. Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drainage Plan, to the specifications of the director of public works. 15. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 16. Full public improvements, including traffic safety lighting, as required by ordinance and the director of public works, shall be installed in accordance with city standards. 17. Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construction of any improvements is commenced. The developer shall submit "as-built" plans prior to acceptance of the improvements by the city. 18. Landscaping maintenance on Deep Canyon Road and Shadow Hills shall be provided by the owners. 19. Existing utilities on Deep Canyon Road and Shadow Hills shall be undergrounded. 20. Complete grading plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval prior to issuance of any permits. 21. Installation of curb and gutter at twenty feet from centerline, matching paving and sidewalk on Deep Canyon Road and Shadow Hills Drive. 22. Offsite improvement plans to be approved by public works department and a surety posted to guarantee the required offsite improvements prior to building permits being issued. 23. Size, number and location of driveways to public works specfications. City Fire Marshal• 24. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a 2 hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the suply main from which the flow is measured at the time of measurement. Fire flow requirements will depend on built-in fire protection provisions of buildings. 25. Install Riverside County super fire hydrants located at each intersection: a. but not greater than 500 feet apart in any direction. b. so that no point of any bulding is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. C. exterior surface of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. d. curbs shall be painted red 15 feet in either direction from each hydrant. e. hydrants shall not be located closer than 25 feet to any building. 26. Prior to recordation of the final map, the developer shall furnish the original and three copies of the water system plan to the fire marshal for review. 27. Prior to issuance of a building permit, the developer shall furnish the original and 3 copies of the water system plan to the fire marshal for review. Upon approval, one copy will be sent to the building department, and the original will be returned to the developer. 28. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in PP 84-5 is in accordance with the requirements prescribed by the fire marshal." 29. Prior to delivery of combustible materials to the building site, the required water -3- PLANNING COMMISSION RESOLUTION NO. system shall be installed, operating and delivering the required flow. 30. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 31. Fire lanes are required. /lr -4- April 13, 1984 CITY OF PALM DESERT 01 LEGAL NOTICE PP 84-1 do PMW 84-3 J t NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by TED MARTINEZ for approval of a'precise " plan of design, parcel map waiver (to consolidate lots into one lot); and Negative '4 Declaration of Environmental Impact to allow construction of a 28 unit apartment project (utilizing 25% density bonus allowed by state law) in the R-3 (Multiple family.zone, one unit per 2500 sq.ft. of land) located 225 feet south of the Highway III frontage road, between Deep Canyon Road and Shadow Hills Road, more particularly described as: APN 625-162-036 O 't Lon a � i ` © a or °' IL Q W r W O 4 o N ` ,.J Oubject rope ty e H I G H WAY ill • • o � • a � • J I• EL CAMIN IBM _ • 2 • _ • d a O J • \ V,� ¢ SAG AL SAID public hearing will be held on May 1, 1984, at 7:00 p.m. in the Civic Center Council _ Chamber, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Desert Post 4-20-84 .1 OL73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (619) 346-0611 NEGATIVE DECLARATION Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. CASE NO: PP 84-5 APPLICANT/PROJECT SPONSOR: TED MARTINEZ, 14032 Enderle St., Tustin, CA 92680 PROJECT DESCRIPTION/LOCATION: Approval of a precise plan of design to allow construction of a 28 unit apartment project in the R-3 zone located 225 feet south of the Highway II I frontage road, between Deep Canyon Road and Shadow Hills Road. The director of the department of environmental services, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the initial study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. 0" RAMON A. DIAZ DATE DIRECTOR OF ENVIRONMENTAL SERVICES /ir r CASE N0. =TMON-1123TAL SERVICES DEPT. INITIAL STMY EVi 4I8ON11ENTAL EPALITATION CHECKLIST NOTE: The availability of data necessary to address the topics listed below shall form the basis of a decision as to whether the application is considered complete for purposes of environmental assessment. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers, possible mitigation measures and comments are provided on attached sheets) . Yes Maybe No 1 . Earth. Will the proposal result in: . a. Unstable earth conditions or in changes in IV geologic substructures? b. Oisruptions, displacements , czmpaction, or �+ overcovering of the soil? c. Change in topography or ground surface relief \ features? V d. The destruction, covering, or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils, either on or off the site? 2. Air. Will the proposal result in: a. Air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? 11 • Z, Yes Maybe No 3. Water. Will the proposal result in: a-. Changes. In currents, "or the course or �' direction of water' movements? b 'd . b. Changes in-absorptfnn rates, drainage Patterns, or the rate and- amount of surface water runoff? c. Alterations to the course or flow of flood waters? _ d. Alteration of.the direction or rate of flow of ground waters? �. e. Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? b f. Reduction in the amount of water other- wise available for public water supplies? _ 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of plants (including trees, shrubs, grass , and \ crops)? V b. Reduction of the numbers of any unique, rare, or endangered species of plants? �r c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? S. Animal. Life. Will the proposal result in: a. Changes in the diversity of species, or numbers of any species of animals (birds , land animals including reptiles , or insects)? b. Reduction of the numbers of any unique, rare, or endangered species of animals? 1r c. Introduction of new species of animals into an area, or result in a barrier to 1 the migration or movement of animals? d. Deterioration to existing vildtife habitat? { i 3. Yes lobe No 6. Natural Resources. Will the proposal result in: a. Increase in :the rate of use of any natural resources? b. Depletion of any non-renewabie natural s resource? 7. Enemy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Demand upon existing sources of energy, or re- quire the.development of new sources of energy? 8. Risk of Upset. - - Does the proposal involve a risk of an explosion or the release of hazardous substances (including, but not limited to, pesticides, oil , chemicals, or radiation) in the event of an accident or upset conditions? 9. Econonric Loss. Will the proposal result in: a. A change in the value of property and improvements endangered by flooding? b. A change in the value of property and improvements exposed to geologic hazards beyond accepted ccm.. nity risk standards? 10. Noise. Will the proposal increase existing noise levels to the point at which accepted community noise and vibration levels are exceeded? 11. Land Use. Will the proposal result in the a tterati n of the present developed or planned land use of an area? V 12. Open Space. Will the proposal lead to a decrease in the amount of designated open space? 13. Population. Will the proposal result in: a. Alteration or the location, distribution, density, or growth rate of the human \ population of the Citv? b. Change in the population distribution by age, income, religion, racial , or ethnic group, occupational class, household type? _ 5 4. ° Yes Maybe No 14. Em��cla mom�ent__. Will the proposal result in additional new long-term jobs provided, or a change in the number and per cant employed, unemployed, and underemployed? 15. Housing Will the proposal result in: a. Change in number and per cent of housing units by type (price or rent range, zoning category, owner-occupied and rental , etc. ) relative to demand or to number of families in various income classes in the City? b. Impacts on existing housing or creation of a demand for additional housing? 16. Transaortation/Circulation. Will the proposal result in: - a. Generation of additional vehicular movement? b. Effects on existing parking facilities, or - demand for new parking? C. Impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Increase in traffic hazards to motor vehicles, bicyclists, or pedestrians? 17. Public Ser-iices. Will the proposal have an effect upon, or resu t in a need for, new or altered governmental services in any of the following areAs: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities , including roads? f. Other governmental services? _ _ N i p. • 5. Yes Maybe No 18. Public Fiscal Balance. Will the proposal result in a net change in government fiscal flow (revenues less operating expenditures and annualized capital expenditures)? _ b .19. Utilities. Will the proposal result in a nee —io new systems, or alterations to the following utilities: a. Power or natural gas? _ b. Communications system? c. Water? d. Sewer or septic tanks? e. Storm water drainage? _ f. Solid waste and disposal? _ y 20. Human Health. Will the proposal result in: , a. The creation of any health hazard or — — potential health hazard? ` b. A change in the level of community health care provided? 21. Social Services. Will the proposal result in an increased demand for provision of general social services? 22. Aesthetics. Will the proposal result in: a. Obstruction of any scenic vista or view \ open to the public? 4 b. The creation of an aesthetically offensive site open to public view? c. Lessening of the overall neighborhood (or area) attractiveness, pleasantness, and uniqueness? 23. Licht and Glara. Will the proposal produce ne:ti light or glare? 24. Archeological/Historical . Will the proposal resu t in an a teracion of a significant archeological or historical site, structure, object, or building? �/ o 6. Yes Maybe No 25. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment or to curtail the diversity in the environment? a b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental _goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future. ) c. Does the project have impacts which are indi- vidually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small , but where the effect of the total of those impacts on the environment is significant. ) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Initial Study Prepared By: " A' INITIAL STUDY Environmental Evaluation Checklist explanation of "yes" and "maybe" answers, possible mitigation measures and comments. 1. EARTH b. The soil on the site, which is vacant, will be over-covered by virtue of construction, paving, and landscaping. This activity on the proposed site would not have a negative impact on the environment and no mitigation measures are necessary. e. This proposal may result in temporary wind erosion of soil due to construction--Mitigation of impacts will occur by compliance with city requirements for watering during grading and construction phases. 3. WATER b. This proposal will result in a change in absorption rates, drainage patterns and the rate and amount of surface runoff by virtue of development. Compliance with applicable grading ordinances at time of development will mitigate any adverse impacts. 11. LAND USE The proposed residential project, while not altering the planned residential land use in the area, is requesting approval of 25% density bonus as allowed by state law. Therefore, instead of 22 units, the proposal is for 28 units. No mitigation measures are necessary since the project complies with applicable city codes and would provide some affordable housing. 16. TRANSPORTATION/CIRCULATION a. The 28 units could generate up to 10 trips per unit per day. That would amount to 280 trips per day for the project. Trip distribution will be primarily towards Highway III from Deep Canyon Drive and Shadow Hills Drive. As mitigation measures street dedications, where applicable, and street improvement will have to be provided. 23. LIGHT AND GLARE There will undoubtedly be some new lighting provided for safety, security and aesthetic reasons. Mitigation measures will include utilization of lights designed for the appropriate use and provided with shields where necessary. /lr 's r Southern California Edison Company E;i 26-100 CATHEDRAL CANYON DRIVE CATHEDRAL CITY. CALIFORNIA 92234 March 16, 1984 � f1 To . City of Palm Desert v cis Subject: Fern Grove Village (Project WchTpIf Environmental Impact Report Gentlemen: This is to advise that the subject property is located within the service territory of the Southern California Edison Company and that the electric loads of the project are within parameters of projected load growth which Edison is planning to meet in this area. Unless the demand for electrical generating capacity exceeds our estimates, and provided that there are no unexpected outages to major sources of electrical supply, we expect to meet our electri- cal requirements for the next several years . Our total system demand is expected to continue to increase annually; however, excluding any unforeseen problems, our plans for new generation resources indicate that our ability to serve all customer loads during peak demand periods will be adequate during the decade of the 80 ' s . Current conservation efforts on the part of Edison's customers has resulted in energy savings. Optimization of conservation measures in this project will contribute to the overall energy savings goal. Very truly yours, Glenn BuL Customer Service Planner GB: ss — - S SOUTHERN CALIFORNIAN COMPANY 3700 CENTRAL AVENUE • RIVERSIDE, CALIFORNIA R.W. RIDDELL Eastern Division MAILING ADDRESS: P. O. BOX 2200, RIVERSIDE, CALIFORNIA 92516 Distribution Planning Supervisor March 23, 1984 City of Palm Desert ' MAR 2 1984 c 45-275 Prickly Pear Lane I_`IIJ:cjX r ;; r!f F:F=E4 Palm Desert, CA 92260 , RTF1'1-f1T 7Y OF RE: Case No. P.P. 84-4 Gentlemen: This letter is not to be interpreted as a contractual commitment to serve the proposed project; but only as an information service. Its intent is to notify you that the Southern California Gas Company has facilities in the area where the above named project is proposed. Gas service to the project could be pro- vided from an existing main without any significant impact on the environment. The service would be in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time con- tractual arrangements are made. The availability of natural gas service, as set forth in this letter, is based upon present conditions of gas supply and regulatory policies. As a public utility, the Southern California Gas Company is under the jurisdiction of the California Public Utilities Commission. We can also be affected by actions of federal regulatory agencies. Should these agencies take any action which affects gas supply or the condition under which service is available, gas ser- vice will be provided in accordance with revised conditions . We have developed several programs which are available, upon request, to provide assistance in selecting the most effective applications of energy conservation techniques for a particular project. If you desire further information on any of our energy conservation programs, please contact our Area Market Services Manager, P.O. Box 6226, San Bernardino, CA 92417, phone (714) 884-9411 . ! J R. W. Riddell Distribution Planning Supervisor RWR:mac 'ICUT n�r,R 2 8 1984 EN ,Ty F PALM DESERT S CITY 0 1 46-275 PRICXL7 PEAR LANE. PALM DESERT.CAUFORNIA 92260 TELEPHONE (714) 346-0611 �� WAFMOTT OF BUILDING & SAFETY PFaMMMLARZ R=4 OF PLANS yf iJiflOt�':; CITY OF DESERT . CCt412T1".,, : ' l '4CJc1 tI E:el-.., ,...lcll -AL SERVICES PAU4 DESERT BEFORE ANY F41MR CCl22TI5 CAN BE MADE, AM17M2 AL WMI ARTCNT IS IMEM FOR REV i. .. CC E= AFJ2=M= AL MAWMM AMID SPECZ7rAT=N.S SITtO- AL, DRAWII= AND CALCMATMNS COM= H.V.A.C. , F3F.GZRICAL AND PLYING PLANS & SPF.Cg'ICATTS NS TITLE 24 EDP 0 OCCISERVAMI DOCpgI1TA=4 Q CM-T= GRADIM PLANS Q OTHER JOE SR. rX± .DIRE TOR OF BUILDING & SAFETY ESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058• COACHELLA, CALIFORNIA 92236•TELEPHONE(619)398-2651 DIRECTORS OFFICERS RAYMOND R.RUMMONDS.PRESIDENT LOWELLO.WEEKS,GENERAL MANAGER-CHIEFENGINEER TELLIS CODEKAS,VICE PRESIDENT BERNAROINE SUTTON.SECRETARY JOHN P.POWELL VICTOR B.HARDY,AUDITOR PAUL W.NICHOLS REDW INE AND SHERRILL.ATTORNEYS STEVE D.BUXTON March 20, 1984 File: 0163.11 0421.1 0721.1 Department of Environmental Services City of Palm Desert ;=.5 Post Office Box 1977 Palm Desert, California 92261 Gentlemen: Subject: Precise Plan No. 84-5, Portion of SEA, Sec. 21, T5S, R6E, San Bernardino Meridian This area is protected from stormwater flows by a system of channels and dikes, and may be considered safe from stormwater flaws except in rare instances. This area is designated Zone B on Federal Flood Insurance rate maps which are in effect at this time. The District will furnish domestic water and sanitation service to this area in accordance with the current regulations of this District. There may be conflicts with existing District facilities. We request the appropriate public agency to withhold the issuance of a building permit until arrangements have been made with the District for the relocation of these facilities. Yours very truly, Lowell 0. Weeks eneral Manager-Chief Engineer CS:ra cc: Riverside County Department of Public Health, Indio TRUE CONSERVATION USE WATER WISELY PALM DESERT' A1tCH1'PEC"fI.IF;Ai. REVll:i:W COMMISSION tMINLITES !MARCH 27, 1984 The pp is is present gave a presentation to the commission during; study session. Com issioner Holde was opposed to the use of a chain link :fence along south roperty fine. Appro al is subjez t to the If owing conditions: 1. onstruction plans shall be bmitted fo; approval to the City F'i:-e k arshal prior 1:0 issuance of b 'Iding permits. All conditions >hall b made a part of construction rid no certificate of Occupancy sl all be, issued until completed. 2. F al construction drawings, including a 'inallandscapi.ng, grading, li hting, amenities, trash storage, walkway layout, irrigation plans a d sign program shall be submitted to the rchit(-cctural. Review C mmission. No final inspection or occupan r permit shall :)e g' en by 'he Department of Environmental Servi, s to this project a rementioned approve d co tructior, shall h- e been cornpleh d. 3. CASE NO: 25'1 MF APPLICANT (AND ADDRESS): TED MARTINEZ, c/o VORTEX, 3Y-725 Adams Street, Bermuda Dunes, CA 92201. NATURE OF PROJECTIAPPROVAL SOUGHT_: Preliminary approval of plans for a 28 an:.t apartment project. LOCATION: South of Flighway 11.1, between .Deep Canyon and `shadow Hills roal. 'ONE: R-3 Approval was subject to the following conditions: 1. Ccnstruction plans shall be submitted for approval to the City Fire Marshal prior to issuance of building permits. All conditions shall be made a part of construction and no certificate of occupancy shall be issued until completed. 2. Final construction drawings, including a :final landscaping, grading, lighting, amenities, 'trash storage, walkway layout, irrigation plans and sign prograrn shall be submitted to the Architectural Review Commission. No final inspection or occupancy permit shall be given by the Department of Environmental Services to this proj,-(a until the aforementioned approved plans and construction shall have been completed. 3. Reexamine solar protection on the south, east, and west elevations. t. TI-:at planters be p-ovided for the central courtyard. The minute motion on these eases was approved 3-1. (C:ornmissic:nter Holden voting; nay.) III. CASES: A. iral Drawings: i`do r�e aV 1 , G r.'t i«( I ' 'I r' 1�f : !I j • :.. ° <� x Ij;'i rlf Y 1, , This: plat Wd5 pYepared . �' 4xlkQp74 u k record d C' on]y and does not represe#.. a `,Survey df, +la SI t WrI + the ro e'rt shown he ,h P This.map ha"s beenlaGPrduBd !I �I,IF', upon the exlressetl condition '+ ( "Iti "'' ' 11 � tlSl Y Y k F 11 gr9,•{I f )i that b u i l0n� peti tnt:ts s aAll: not �l 1! 1; 3 & f N: YII 4,1Y f2 be f issued . on ariy :develgp� . . ment within this adjustment plat until necessary deddca- tions if any have occurred. " tn t < YIF li41 I21 YI OS Sre n!J!. -'r ' E✓ k7 js, AJ £,Z 4V �-• IY O f�l �� l IF7F ' 0 y n ry : fi I - *, , 3 p3 '�Y � { 1 . Yi Y, { • � J I y • 3 181 4 j�[y 1 1 , Coil J, '. l} .{:ykl>ti4 Ql ' w ,ZrI:, 1�' 4', a�ss4 + '��� •.... .� i d[ " 'iwrleFirla 1 'V c Pj 1 I �- 1 llti,��Y4Y�1d�� �1- �� �! !. ��✓x�- �Pt, ID - � A M U ( k t1 S � J�q1 ', 'SRt Pt .�Y h41 3F f i`� d i 3 t 4 e 4�tIf2 3 bfi 0. :I,J ,"rR-f y1 i .. "ll'�r a J: " ?<r`Ie1G 1' !MIT elti I ay �jN�,C #WWr(3 �l;LLJ G PPt1. A g 7 h P E;.ws{unra4 WAr SERVICES r {} i;!1-Y Uf r ALAI DESERT t I : 1. , t /.' t IIY lY`•'�{1 , ry 4,4 I I x 1 Yf 11:' • ...+ i�fi?.� x. T.,. 4 rA+:.� y , ,p y ' ` rt l<d l' f':sl,Fl .FI Lot No.sP� ' I�10� � �; ��� � 7 7 I If 1 J �1 11 �: t y� 1 F.1'r1AS{ 4 A 4..fla Prepared by: s , -�Q -� flRKS ry' x�• y t J�� _/• d`..ice• : 4 x I Gn:(bTr off �, nDcp=(: r vil 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 NEGATIVE DECLARATION Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. CASE NO: PP 84-5 APPLICANT/PROJECT SPONSOR: TED MARTINEZ, 14032 Enderle St., Tustin, CA 92680 PROJECT DESCRIPTION/LOCATION: Approval of a precise plan of design to allow construction of a 28 unit apartment project in the R-3 zone located 225 feet south of the Highway III frontage road, between Deep Canyon Road and Shadow Hills Road. The director of the department of environmental services, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the initial study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. KkMON DI AZ DATE DIRECTOR OF ENVIRONMENTAL SERVICES /lr l t• r": : r • � . CASE NO (Mich� ®z =n =>M=®=7C�0 ENVIRONMENTAL SERVICES DEPT. INITIAL STUDY ENVIROi�EYi TAL EVALUATION CHECKLIST NOTE: The availability of data necessary to address the topics listed below shall form the basis of a decision as to whether the application is considered complete for purposes of environmental assessment. ENVIRO MENTAL IMPACTS (Explanations of all "yes" and "maybe" answers, possible mitigation measures and comments are provided on attached sheets) . Yes Maybe No 1 . Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? —' b. Disruptions, displacements , compaction, or �+ overcovering of the sail? c. Change in topography or ground surface relief features? V d. The destruction, covering, or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils, either on or off the site? 2. Air. Will the proposal result in: a. Air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? Z, Yes Maybe No 3. Water. Will the proposal result in: a-. Changes. in currents, 'or the course or t `• direction of water' movements? "` . b. Changes in-absorption rates, drainage Patterns, or the rate and-amount of surface water runoff? c. Alterations to the course or flow of flood waters? d. Alteration of.the direction or rate of flow of ground waters? e. Change in the quantity of ground waters, J either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? f. Reduction in the amount of water other- wise available for public water supplies? 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of plants (including trees , shrubs , grass , and crops)? b. Reduction of the numbers of any unique, rare, or endangered species of plants? c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? S. Animal. Life. Will the proposal result in: a. Changes in the diversity of species, or numbers of any species of animals (birds , land animals including reptiles , or insects)? b. Reduction of the numbers of any unique, \ rare, or endangered species of animals? _ V c. Introduction of new species of animals into an area, or result in a barrier to 1 the migration or movement of animals? d. Oeterioration to existing wildlife habitat? � ' 3. Yes Ma be No 6. Natural Resources. Will the proposal result in: a. Increase in .-.the rate of use of any natural resources? b. Depletion of any non-renewable natural resource? 7• Energv. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Demand upon existing sources of energy, or re- quire the.development of new sources of energy? 8. Risk of Upset.- - Does the proposal involve a risk of an explosion or the release of hazardous substances (including, but not limited to, pesticides, oil , chemicals, or radiation) in the event of an accident or upset conditions? 9. Economic Loss. Will the proposal result in: a. A change in the value of property and improvements endangered by flooding? b. A change in the value of property and improvements exposed to geologic hazards beyond accepted cn. , nity risk standards? _ b 10. Noise. Will the proposal increase existing - noise levels to the point at which accepted community noise and vibration levels are \ exceeded? b 11. Land Use. Will the proposal result in the as tTation of the present developed or \ planned land use of an area? V 12. Open Space. Will the proposal lead to a decrease in the amount of designated open ` space? b 13. Population. Will the proposal result in: a. Alteraticn or the location, distribution, density, or growth rate of the human ` Population of the City? b. Change in the population distribution by t aye, income, religion, racial , or ethnic group, occupational class, household type? 4. Yes Maybe No 14. Etmolloyment. Will the proposal result in additions new long-term jobs provided, or a change in the number and per cent employed, unemployed, and underemployed? 15. Housing Will the proposal result in: a. Change in number and per cent of housing units by type (price or rent range, zoning category, owner-occupied Ind rental , etc. ) relative to demand or to number of families in various income classes in the City? _ b. Impacts on existing housing or creation of a demand for additional housing? 16. 7ransoortation/Circulation. Will the proposal result in: a.' Generation of additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? C. Impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Increase in traffic hazards to motor vehicles, bicyclists, or pedestrians? 17. Public Services. Will the proposal have an effect upon, or resu t in a need for, new or altered governmental services in any of the following arels: a. Fire protection? b. Police protection? c. Schools7 y d. Parks or other recreational facilities? y e. Maintenance of public facilities , including roads? f. Other governmental services? _ _ N Yes Maybe No 18. Public Fiscal Balance. Will the proposal result in a net change in government fiscal flow (revenues less operating expenditures and annualized capital expenditures)? _ 19. Utilities. Will the proposal result in a .._ need for new systems, or alterations to the following utilities: a. Power or natural gas? ~ _ b. Communications system? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? V 20. Human Health. Will the proposal result in: a. The creation of any health hazard or potential health hazard? b. A change in the level of community health care provided? 21. Social Services. Will the proposal result in an increased demand for provision of general Social services? 22. Aesthetics. Will the proposal result in: a. Obstruction of any scenic vista or view 1 open to the public? b b. The creation of an aesthetically offensive site open to public view? - c. Lessening of the overall neighborhood (or area) attractiveness, pleasantness, and uniqueness? 23. Light and Glare. Will the proposal produce new light or glare? �r 24. Archeological/Historical . Will the proposal result in an alteration of a significant archeological or historical site, structure, object, or building? �/ 6. Yes Maybe No 25. Mandatory Findings of Significance: a. Does the project have the potential to degrade the quality of the environment or to curtail the diversity in the environment? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future. ) c. Does the project have impacts which are indi- vidually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small , but where the effect of the total of those impacts on the environment ` is significant. ) d. Does the project have environmental effects which will cause substantial adverse effects 1 on human beings, either directly or indirectly? Initial Study Prepared By: ko, �a,/A' T��I p Znr�• 3 -1 �1 - `bpi I Southern California Edison Company 16-100 CATHEDRAL CANYON DRIVE CATHEDRAL CITY. CALIFORNIA 82236 March 16, 1984 SIX . To . City of Palm Desert L sER��CES iR�NNdEPISAV' DESERT Subject: Fern Grove Village (Project 44, ?A- Environmental Impact Report Gentlemen: This is to advise that the subject property is located within the service territory of the Southern California Edison Company and that the electric loads of the project are within parameters of projected load growth which Edison is planning to meet in this area . Unless the demand for electrical generating capacity exceeds our estimates , and provided that there are no unexpected outages to major sources of electrical supply , we expect to meet our electri- cal requirements for the next several years. Our total system demand is expected to continue to increase annually; however, excluding any unforeseen problems, our plans for new generation resources indicate that our ability to serve all customer loads during peak demand periods will be adequate during the decade of the 80 ' s. Current conservation efforts on the part of Edison's customers has resulted in energy savings . Optimization of conservation measures in this project will contribute to the overall energy savings goal. Very truly yours, Glenn Bu Customer Service Planner GB: ss - 6 SOUTHERN CALIFORNIA 9ClS COMPANY 3700 CENTRAL AVENUE • RIVERSIDE, CALIFORNIA R.W. RIDDELL Eastern Division MAILING ADDRESS: P. O. BOX 2200, RIVERSIDE, CALIFORNIA 92516 Distribution Planning Supervisor March 23, 1984 City of Palm Desert MAR 2 ': 1984`��� 45-275 Prickly Pear Lane Palm Desert, CA 92260 SiFciY DEPARTMENT RE: Case No. P.P. 84-4 Gentlemen: This letter is not to be interpreted as a contractual commitment to serve the proposed project; but only as an information service. Its intent is to notify you that the Southern California Gas Company has facilities in the area where the above named project is proposed. Gas service to the project could be pro- vided from an existing main without any significant impact on the environment. The service would be in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time con- tractual arrangements are made. The availability of natural gas service, as set forth in this letter, is based upon present conditions of gas supply and regulatory policies. As a public utility, the Southern California Gas Company is under the jurisdiction of the California Public Utilities Commission. We can also be affected by actions of federal regulatory agencies . Should these agencies take any action which affects gas supply or the condition under which service is available, gas ser- vice will be provided in accordance with revised conditions. We have developed several programs which are available, upon request, to provide assistance in selecting the most effective applications of energy conservation techniques for a particular project. If you desire further information on any of our energy conservation programs, please contact our Area Market Services Manager, P.O. Box 6226, San Bernardino, CA 92417, phone (714) 884-9411 . a R. W. Riddell Distribution Planning Supervisor RWR:mac MAR 2 8 1994 ENCITES y OF PALM DESERT 46-273 PRICXLY PEAR LANE. PALM DESERT. CAUFORNIA 92260 TELEPHONE (714) 346-061I . � iEPARaM1T OF BUILDING & SAFETY u ." FFZLnIINARY 1=4 OF PLANS ENViRONMENkAL SERVICES THIS IS NOT A PLAN CFlE ! CITY OF PALM DESERT azTgrrrs: ( l�ycr� ) i-F►�c�rc�t(x� s� igfLF-+Fl PcR (AC_ 05-C entity) f .ulZ FNVIRUNNIENIAL SERVICES CITY OF PALM DESERT 6E.F10RE ANY FM= Mf41`lI5 CAN BE MADE, ADDITIONAL WOMA= IS titer FOR REVIEW.. . CaAPLETE AR MTECTUFAL DRAWMCS AMID SPECIFTCATIONS L TE STRUCTURAL DRAWINGS AMID CALCU ATMN5 COMPLETE H.V.A.C. , ELECTRICAL AND PLMBING PLANS & SPLCIFICAT= Ca,TLEZE TITLE 24 ENERGY OONSERVATIOMI DOCtr'1FRTAZTC N CCMn= GRADING PLANS 0= JOE SR. DATE DIRE TOR OF BUILDING 6 SAFETY Yl ATEq ESTABLISHED IN 1918 AS A PUBLIC AGENCY ��STRICj COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058•COACHELLA, CALIFORNIA 92236•TELEPHONE(619)398-2651 DIRECTORS OFFICERS RAYMOND R.RUMMONDS,PRESIDENT LOWELL O.WEEKS,GENERAL MANAGER-CHIEF ENGINEER TELLS CODEKAS,VICE PRESIDENT BERNARDINE SUTTON,SECRETARY JOHN P.POWELL VICTOR B.HARDY,AUDITOR PAUL W.NICHOLS REDW INE AND SHERRILL,ATTORNEYS STEVE D.BUXTON March 20, 1984 File: 0 . 11 v 04421421.1 0721.1 °jry FaANrAC IgBQ Department of Environmental Services A✓� SFgI City of Palm Desert �FScRTE'S Post Office Box 1977 Palm Desert, California 92261 Gentlemen: Subject: Precise Plan No. 84-5, Portion of SE' , Sec. 21, T5S, R6E, San Bernardino Meridian This area is protected from stormwater flows by a system of channels and dikes, and may be considered safe from stormwater flows except in rare instances. This area is designated Zone B on Federal Flood Insurance rate maps which are in effect at this time. The District will furnish domestic water and sanitation service to this area in accordance with the current regulations of this District. There may be conflicts with existing District facilities. We request the appropriate public agency to withhold the issuance of a building permit until arrangements have been made with the District for the relocation of these facilities. Yours very truly, Lowell 0. Weeks eneral Manager-Chief Engineer CS:ra cc: Riverside County Department of Public Health, Indio TRUE CONSERVATION USE WATER WISELY k April 13, i9S� is CA t O�'�:ITY OF PALM DESERT I.EGAL NOTICE �rlit��`r I PP 54=1 dt PMW 84-3 NOTICL IS HLRrB`I' GIVEN iha,, , publir: flearinit will be 'field oefore the Palm Desert Plannine Co!nmi:asion to consicer request `;y TF:1) h1P.RTIN1-.17 or approval of a p•ecise plan or ;'r•Sle,n, n:!r: r. rr,;•1 ,.; i :'r C(, :[a'soliaate.. - r : Ic't::. Ir.lc; rifle II]t), lil:Cl I`d 1!li.a't1Ye �eClar;1 L1:7:1 01 a.ily l ':'!`II`er!tia Irfl:I;i;:t LO allow.S:UnStructlo11 of a 22 unit apartment prole,.:,t (utilizing 15`1� ::ensit}' bonus aLo::c:d by state law) in the R-3 (.\4ultiple fan-lil.y zone, one unit per ?'iC•0 Si;.`.I. ); lane) I(li:,:.t.ed 225 feet so.rth of t'!r h-lihh'vay 111 Ironta.ge road, between Deer. ::arrv.:rI Road and Shadow Hills 17,0:1:;, mare Particularly descri: a:. 'iPN 62'i. I6,1-036 1 LLJ ct Lj n v Q Or a r r T w O I a ( • N r bjer, � Proaey HIGHWAY III • G o • IX I I 1� : _- �• EL CAMINO i • Z {.. • = Q b _ N r En - Sac S • SAID publi(: hearing will be Feld On Shay ;;; 7;')0 p.li-r. i'r rtir % sic !::cstir:r Council Chamber, 73-,`.•10 Fred Varink, I-)-1ve, Palm t, C.aitfornia, at which time and place all interested persons are invited to attend and he heard. !t ^,MON A. DIAZ, Secretary 'alrn Desert Planning Commission PUBLISH: Desert Post ',_2,0-84 SENDER t POST OFFICE BOX 1977,PALM DESERT,CALIFORNIA 92261 �r>S` ATTEMPTED N0i Kte04�Jh ' ` INSUFFICIENT NO SUCH Wu„iftu ~----- 1\ . VACANt -- QI `L 625-360-0 4 EXPIRE RFIAfi . HOME BUS ESS DEVELOPT 45301 De p Canyon Rd. ---Q� 5� Palm Des rt, Ca. 92260 G� ti. POST OFFICE BOX 1977,PALM DESERT,CALIFORNIA 92261 625-360-005 C BETTY 01IALLORAN ❑ tNSUFF:�:'I'T-'. *•`-ice` APR 2 ; 789 Saxgny Rd. ❑ Encinitas Ca. 92024 ❑ �' �` `' 'f� �( ENVIRONMENTAL 7Fi >. , /�✓[� CITY OF SERV��ES �.. (BE�:t �i' 9,v:."2t"i.R�� PALM RETURN 61 To 006Nd WRITER fL111I,1,11111IIdIL1„11JiI! April 13, 1984 CITY OF PALM DESERT LEGAL NOTICE PP 84-1 do PMW 84-3 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Elesert Planning Commission to consider a request by TED MARTINEZ. for approval of. a precise plan of designi parcel map waiver (to consolicate. lots intc one lot), and Negative Declaration of Environmental Impact to allow construction of a 28 unit apartment project (utilizing 25 .density bonus allowed by state. law) in the R-3 (Multiple family"zone, one. unit per 2500 sq.ft. of land) Lx_.dr:ed 225 feet south of the: Highway .Ill 1'.ront:age road, between Deep Canyon Road an. Shadow Hills Road, more particularly described as: APN 625-161-036 01 --� L .. — y ----------- Or Q w _� U. 0 go Subjec rape ty H I G H WAS' III A � A -- o A 77 �A EL CAMINO ' S`�� � J -- I -- 2 _ ti A`L o �v _ T f l A �R z ob i r SAID public hearing will be held on May 1, 1984, at 7:00 D.M. in the Civic Center Council Chamber, 73-5.10 Fred Waring Drive, Palrn Desert, California, at which tirne and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Desert Post 4-20-84 April 13, 1984 CITY OF PALM DESERT LEGAL NOTICE PP 84-1 dr PMW 84-3 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by TED MARTINEZ for approval of a precise plan of design, parcel map waiver (to consolidate lots into one lot), and Pdega,tive Declaration of Environmental Impact to allow construction of a 28 unit apartment project (utilizing 25% density bonus allowed by stage law) in the R-3 (Multiple family zone, one unit per 2500 sq.ft. of land) located 225 feet south of the Highway III frontage road, between Deep Canyon Road and Shadow Hills Road, more particularly described as. APN 625-162-036 0 t s 7� m Q t or (L IL r w 1 O TSubject rope ty W H I G H WAY III • ± & • i I • r EL CAMIN J �•� 7 Z O0 1. • ct —j • 0 \� r� U) W sac S� • SAID public hearing will be held on May 1, 1984, at 7:00 p.m. in the Civic Center Council Chamber, 73-51.0 Fred Waring; Drive, Palm Desert, California, at which time and place all. interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Desert Post 4...20••84 o yob u POST�OFFICE'BO%1977;PALM DESERT,CALIFORNIA 92261 2 b JAA 37 072 01.6NI 09/20/8,q RETURN TO SENDER ENVIRONZ'ENTAL DESERT V i NOT DELIVERABLEA S ADDRESSED CiTi UNABLE TO FORWARD 625-350-012 - '__ _J 1 MARIE M. JAASTAD Rancho rage, Ca. 92270 Q�C� dFNb.9 �� 17 C p Ain RIVERSIDE COUNTY 'tE0 CA(/ FIRE DEPARTMENT ~ IN COOPERATION WITH THE C UNTY CALIFORNIA DEPARTMENT OF FORESTRY .� RIVERS► L� ....+ DAV ID L.FLAKE �MfMT OF �a FIRE CHIEF 210 WEST SAN JACINTO AVENUE PERRIS,CALIFORNIA 92370 March 21 , 1984 TELEPHONE:(714)657.3183 Ramon A. Diaz RANCHO MIRAGE FIRE STATION 73-510 Fred Waring Drive 70-800 HIGHWAY 111 Palm Desert, CA 92260 RANCHO MIRAGE, CA 92270 Reference: PP No. 84-5, Applicant: Ted Martinez Dear Mr. Diaz, The following fire protection requirements are in accordance with the Uniform Fire Code and Life Safety Code standards. 1 . Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a 2 hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. Fire flow re- quirements will depend on built-in fire protection provisions of buildings . 2. Install Riverside County super fire hydrants located at each intersection: a. but not greater than 500 feet apart in any direction. b. so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways . c. exterior surface of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. d. curbs shall be painted red 15 feet in either direction from each hydrant. e. hydrants shall not be located closer than 25 feet to any building. 3. Prior to recordation of the final map, the developer shall furnish the original and three copies of the water system plan to the Fire Marshal for review. 4. Prior to issuance of a building permit, the developer shall furnish the original and 3 copies of the water system plan to the Fire Marshal for review. Upon approval , one copy will be sent to the Building Department, and the original will be returned to the developer. 5. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in PP 84-5 is in accordance with the requirements prescribed by the Fire Marshal ." 6. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 7. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval . 8. Fire lanes are required. Very (� laC(CT �_` 715) DAVIDtLu1FLAKErs , Firek dpm '.'?.R 2 3 1984 a ey;�,cc: Jim Zimmerman ENVIRONMENTAL SERVICES By ER C L. VO T CUWD CITY OF PALM DESERT Fire Marshal ` D INTEROFFICE MEMORANDUM City of Palm Desert E• � 0 �.9$� TO: Director of Environmental Services FROM: Director of Public Works SUBJECT: PP 84-5 FERN GROVE VILLAGE DATE: April 10, 1984 The following should be considered as conditions of approval : (1) Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. (2) Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drainage Plan, to the specifications of the Director of Public Works. (3) Additional storm drain construction shall be contingent upon a drainage study by the private engineer. (4) Full public improvements, including traffic safety lighting, as required by ordinance and the Director of Public Works, shall be installed in accordance with city standards. (5) Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construc- tion of any improvements is commenced. The subdivider shall submit "as-built" plans prior to acceptance of the subdivision improvements by the city. (6) Landscaping maintenance on Deep Canyon Road and Shadow Hills shall be pro- vided by the owners. (7) Existing utilities on Deep Canyon Road and Shadow Hills shall be undergrounded. (8) Complete grading plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval prior to issuance of any permits. (9) Installation of curb and gutter at twenty feet from centerline, matching paving and sidewalk on Deep Canyon Road and Shadow Hills Drive. (10) Offsite improvement plans to be approved by Public Works Department and a surety posted to guarantee the required offsite improvments prior to building permits being issued. (11) Size, number and location of driveways to Public Works specifications. � 746V-, BARRY cCLELLAN, P.E. BDM/ms Air rl 1 y i ailj. p yF I6pl Ik 11 Ili tt } .f k`"+7 p fNIV ._p itr�r 9iP� i _ r .•/ �.� "�� �.�� ILr.wr ' r. ,�w..n�.^+rrr !Y�r► wy N-w�� f�y ll,. ' �- ^� � �1 � 1 I tti-ir � t•i r p•� Y �b i FA iry P f v r 1• i �fl I� �R Wo .. � 1 f O �.. i FY � �Q• f a� Fiwpe�„rwl • Z. � .'1 i j. Z: IT+ � � : 12 , Ali.. * � .1 r r t 1 ' � e a I� ,Inli n r. :I.n+dw,a 14: F i'; P Y L 's, r I �, �Ifu' I yl I . '• ' r CASE NO. Environmental Assessment Form TO THE APPLICANT: Your cooperation in completing this form and supplying the information requested will expedite City review of your application pursuant to the California Environmental Quality Act. The City is required to make an environmental assessment on all projects which it exercises discretionary approval over. Applications submitted will not be considered complete until all information necessary to make the environmental assessment is complete. GENERAL INFORMATION: 1 . Name, address, and telephone number of owner, applicant or project sponsor: TAD MdZ714 EK - `/17 V0FT5K - 38-125 �a,AIS ST., 05e"OD>4 Pour-S. LA 1522o1 41pgaog (�Ig) 328-1014� ® 2. Name, address and telephone number of person t.: be contacted con- cerning the project (such as a_CdLtt.1`G.1" engineer, or other repre- sentative) : 6UiC }4Is.0 AJ Or VAUiC-L K -F4+0eu8v1zY A-r VogTeX 38-115- ADW_5 ST gerkwp4 DvuES 419)345-406D 3. Common name of project (if any) : Pal �2oVE IIILLA6E 4. Project location (street address or general location) : U6• BouLWAZ [.[uE ef Wp9zVf 125' 30 . OF SThT£ t+1614WAlf 111 . Feepf'2TY ZvUS �¢onl D�EA GA&)e DLl Of (✓F4E W96T ID -5 A4AocJ 44, .[5 2D. .00 -rq CA,ST. 5. Precise legal description of property (lot and tract number, or meets & bounds) :_ Lo-f5 a -2 3 843 of i4ADou) 14fL.L5 £� Arc 5 A.g ?Ee MAP ZECMDED IA1 ' Boor- 310 MQED5 of FIV6a6me COvuTY 6. Proposed use of the site (project for which the form is filed; describe the total undertaking, not just the current application approval being sought): APACTM.601 :PeoJEKr 7. Relationship to arger project or series of pry_ cts (describe how this project relates to other activities, phases, and develop- ments planned, or now underway): 8. List and describe any other related permits and other public approvals required for this project, to go forward, including those required by the City, Regional , State and Federal agencies (indicate sub- sequent approval agency name, and type of approval required): GIT y Df 1741-A.t DE5E27- FLAWAIAJ4, 4 BMMI,U& PC-pTS. ; PvBuc Loom D6pT. i r-IA D-C-,pT. EXISTING CONDITIONS: 9. Project site area: 56, fT. (Size of property in sq. ft. or acreage) 10. Present zoning: C -3 (Proposed zoning) : 5kA4E 11 . General Plan land use designation: 41614 DI;usIT Y 12. Existing use of the project site: VAco,A T Ld&)A 13. Existing use on adjacent properties: (Example - North, Shopping Center; South, Single Family Dwellings; East, Vacant, etc. ). © WETN - M6-ML to0T44- A'PA?TAAWTS 14. Site topography (describe): GI;xUgp,4LLy LEUC-L - el,04005 6L096 'CO A�o¢Ti4$hS`� 15. Are there any natural or manmade drainage channels through or adjacent to the property? NO X YES 16. Grading (estimate number of cubic yards of dirt being moved) : t 75-D Co. YD5 17. List the number, size and type of trees being removed: MW E 18. Describe any cultural , historic, or scenic aspects of the project site: IUO A4� C� I, 19. Residential Project (if not residential do NOT answer) A. Number and type of dwelling units (Specify no. of bedrooms) : 2 2 2-8EDCOOAt UN tT5 le I- BED Epo&t UN Ix 5 B. Schedule of unit sizes: 1- 13taP,OOM UNrfS— &86 24•f-T- 2-SEDE6OrI 001105 896 5QrFT. MAUA6*9E ApT. (2-GDRM� 1033 SQ.�T. C. Number of stories 2 Height 25 fT (MAK) feet. D. Largest single building (sq. ft. ) ',168 (hgt. ) 25 -f1- E. Type of household size expected (population projection for the project) : 664)62AU-`( 6609t -6 ® F. Describe the number and type of recreational facilities: I SwtMulU& POOL G. Is there any night lighting of the project: E5 Loco LEVEL GAeMA-) L16!}TrUL H. Range of sales prices or rents : $ ADO.°D to $ 800•° I. Percent of total project devoted to: Building . . . . . . . . . . . . . . . . . . . . 24•s % Paving, including streets. . . . . . . . . . . 32. 8 % Landscaping, Open, Recreation Area . . . . . . 42• -. % 20. Commercial , Industrial , Institutional or Other Project: A. Type of use(s) and major function(s) (if offices, specify type & number): B. Number of square feet in total building area: C. Number of stories Height feet. O. Largest single building (Sq. Ft. ) (Hgt. ) E. Number of square feet in outdoor storage area: F. Total number of required parking spaces number provided G. Hours of operation: H. Maximum number of clients, patrons, shoppers, etc. , at one time: I . Maximum number of employees at one time: J. If patron seating is involved, state the number: K. Is there any night lighting of the project: Yes No L. Percent of total project devoted to: Building . . . . . . . . . . . . . . . . . % d Paving, including streets. . . . . . . . . . Landscaping and Open Space (Recreation). . % Are the following . tems applicable to the project �. its effects: Discuss below all items checked yes (attach additional sheets as necessary). YES NO 21 . Change in existing features of hillsides, X or substantial alteration of ground contours. 22. Change in the dust, ash, smoke, fumes or odors X in the project vicinity. 23. Subject to or resulting in soil errosion by wind X or flooding. 24. Change in ground water quality or quantity, or X alteration of existing drainage patterns. 25. Change in existing noise or vibration level in the vicinity. Subject to roadway or airport noise (has the required acoustical report been X submitted?) 26. Involves the uza or disposal of potentially hazardous materials, such as toxic substances, X flammables or explosives. 27. Involves the use of substantial amounts of fuel or energy. 28. Changes the demand for municipal services (police, fire, sewage, etc. ) 29. Changes the demand for utility services, beyond those presently available or planned in the X near future. 30. Significantly affects any unique or natural X features, including mature trees. 31 . Change in scenic views or vistas from existing X residential areas or public land or public roads. X 32. Results in the dislocation of people. C YES NO 33. Generates controversy based on aesthetics or X other features of the project. [ ] Additional explanation of "yes" answers attached. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation, to the best of my ability, and that the facts, statements and information presented are true and correct to the best of my,knowledge and belief. k)tL 44W50U VoeTEK Name P int or Type For Z�UA.bk 3 1 2-( 64 Signature Date INITIAL STUDY FEE: $30. 00 (Make check payable to the City of Palm Desert and sub— mit with this form. ) 1 i 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 REQUEST FOR COPTIENTS AND CONDITIONS OF APPROVAL CASE NO: P T c43 �4 - s' PROJECT: FE.PN G,ppYE �LZAly'-E APPLICANT: Ziii ,f•JA�TiN�Z Enclosed please find materials describing a project for which the-following is being requested: • Af�f jPot�gL OF ,Q �Ec-i1E /'�1��/ of AND A/EGAT✓E C7EC(<1RiJT/oiv OF 4N!//PV,t/Me A17,4L /MR9ci TO f1l/ocr/ loNST.Pd Opt/ OF o?d' fl�lRr�ll�iVT vn/iTf 11V ,4 *dGTi- J�4A4/c/ XEsiz ni rat 2%Mle- -�soo s4Q. 1=7-, F Ek D cJ Ms+,Y4 aA7--g-v �E7—ivEFN DEEP "'?yN. S;40,60cv HiZLS �/O BEET So uTN OF ,C,/w� /// A�SD �ESC�/J3�17 A., The attached data was prepared by the applicant and is being forwarded to you for comments and recommended Conditions of Approval . water and air pollution) The City is interested in the probable impacts on the natural environment (e.g, and on public resources (e.g. demand for schools, hospitals, parks, power gener- ation, sewage treatment, etc. ). Your comments and recommended conditions of approval must be received by this office prior to 5:00 p.m. in order to be discussed by the Land Division Committee at their meeting of _3-, The Land Division Coranittee (comprised of Director of Environmental Services , City Building Official , City Engineer, Fire Marshal and a representative of CVWD) will discuss the comments and recommended conditions of approval and will forward them to the Planning Commission through the staff report. Any informa- tion received by this office after the receipt deadline will not be discussed by the Land Division Committee nor will it be fonvarded to the Planning Cortmission for consideration. ` Sinc .y, l Ramon A. Director of Environmer�o Services PLEASE RETURN MAP WITH C01411ENTS ,ACT LEGAL DESCRIPTION OF PROPERTY (5 Copies) r GOTS �� '� 8 �. q OF SgAooto HILLS cESTATeS AS f-tcQ M�4P 26volzr.�c» 1►U Rcv►c 3 Jl pH6�5 ��— 3 of MAPS Oee,010S OF' 2►V�I2ce co�rurf Legal Description Approved by: Y Date: wal hanson 36-725 adams street: daniel k. thornbury, a.i.a. bermuda dunes y ca.szeol (619) 345-4600 VVIZIrru A OESIGN AND ARCHITECTURAL PARTNERSHIP ?"arch 9 , 1.994 This pr. ojec-� should be approved because ! 1 . _'here is a need for rental housing in the area . 2 . This project offers affordable housing. 3 . r1his project will be a thoughtfully-designed addition to the neighborhood. 4 . . Present zonir-F is compatible with this project . design • architecture • planning • presentations • delineation • graphics U , s i � ■. .. is _ �{ � Vj 77 Fr IJ Jj- zz a �Q aee e i Cr ... � ' � ., . .. ��1.i�,!��rt'.�.e`�s.�.,r'•.�f j.kw. rt.�� sti,�5 � rE .., k° i ,.�-: a 1 ' EMI ♦ �� b. n .•S'{t�, F1t'-' _� x .. y`�f • • 3 I 1 7, +y l YI ij I 77 ` EJ . mac El pal 3 _ a .. UAIE STAMP r RIVERSIDE COUNTY PLANNING DEPARTMENT PROPERTY OWNERS , CERTIFICATION I � Debra Slone Certify that on print name the attached property owners list was pre- montt-day-year pared by 'd pursuant to print company or to tvt ua s name application requirements furnished by the Riverside County Planning Department. Said list is a complete and true compilation of owner of the subject property and all other property owners within 300 feet of the property involved in the application and is based upon the latest equalized assessment rolls. I further certify that the information filed is true and correct to the best of my knowledge; I understand that incorrect or erroneous information may be grounds for rejection or denial of the -application. NAME: Debra Stone TITLE/REGISTRATION: Customer Service Representative ADDRESS: 732'55 E-1 Paseo, Palm Desert Ca. 92260 ZIP PHONE: 340-2555 SIGNATURE: X�JLO DATE: 'CASE GMC:dms 5/1/SO PRECISE PLAN APPLICATION NO. TO THE CITY OF PALM DESERT PLANNING COMMISSION: V APPLICANT'S NAME: n MAST ),v E (owner, purchaser, lessee, representative APPLICANT'S ADDRESS: /) JOB z CN dc21C %ut7-/X,v �'a 4- APPLICANT'S PHONE: _I l G - .�2 $ - ) 6 1 q- PROJECT COORDINATOR: Teri Yy1 r6-2T) )u E Z PHONE: 6 -32-8 The applicant, 1go 2 r) ve:2. for the property situated at on property zoned as being legally described on the attached form. APPLICANT'S SIGNA NOTARIZATION OF OWNER'S PERMISSION I (we) do hereby certify, under penalty of perjury, that I (we) are the owner(s) of the real-� - property legally described herein and hereby grant permission for which this application is made. y 319A✓/�42T",t71:z ---z-( gnature) Date) Please print name here lqo32- r.v6/r4le J chic �'.y 1, �'• Address City STATE OF CALIFORNIA, County of I yIer-S cQ- On `-M A r 'LL r 19�, before me, the undersigned 4 Notary Public in and for the State of California with principal office in the , - - - - - - - - County of 0= derS i personally appeared - , OFFICIAL SEAL is •�� q a yy� Q ( DEBRA A SLONE Y / 1 �) �^ NOTARY PUBLIC J - CALIFORNIA known to me to be the person whose name = " RIVERSIDE COUNTY i S subscribed to my comm. exDifes AUG 19, 198R � the within Instrument, and acknowledged to me that N e- executed the same. WITNF-55 my hand and official seal. I Signature of Notary: Notary Public in and for the State of California 625-360-005 62.5-350-017 625-161-014 BETTY OHALLORAN HARRY EEITCH JOHN ARGYROS 789 Saxgny Rd. 826 S. Los Angeles St. 3205 Claremore St. Encinitas, Ca. 92024 Los Angeles, Ca. 90014 Long Beach,Ca. 90808 625-360-006 625-360-018 625--162--001 & 009 EVERETT R. PETERS STUART G. SCHLIG PETER DEMOS 7960 Weatherly 111.29 Garfield Ave. P.O. Box 1532 La Mesa, Ca. 92041 Culver City, Ca. 90230 Palm Desert, Ca. 92260 625--360--007 625-360-019 625-462-016 thru 019 STANTON, D. GAYLE KE:ITH A. CLARK DANIEL RUSSIE 73087 Somera Rd. P.O. Box 2074 73780 Grapevine St. Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 625-360-008 625-360-020 625--1.62-034 LEONARD B. GROSS WARREN JONES HUGH THORSON 412 Crown Rd . 866 Vi.ewri.dge RONDAL G. CORNWELL Kentfield, Ca. 94904 San Mateo, Ca. 94403 3757 State, St. Santa Barbara, Ca. 93105 625-360-009 625-360-021 625-162-035 JOHN T. DIXON PHILLIP STONE DANIEL. RUSSIE %545 College Dr. CHARLES YACOBIAN OLA VISTA LAND CO. INC. Powell, 1;y. 82435 41.7 Sunridge 74399 Highway ill /IF Plays Del. Rey, Ca. 90291 Palm Desert, Ca. 92260 0 625- 21-0 62�-.,60-010 625-360•-02'2 i DEOTIS L. MARLETT IMOGENE PERRY WIhI,I ONSTEIN 3200 W. La Rotunda Dr. #318 3220 Griffith Park Blvd. 1052 17 ftwood Dr. Rancho Pales Verdes, Ca. Los Angeles, Ca. 90036 Falm pr ngs, Ca. 92262 625-360-011 625-360-023 625-161-010 HAROLD EKMAINIAN CLIFFORD MUNK RAYMOND & BARBARA NONA 8506 Gul.ana 2.502 Sunset P.O. Box 2626 Plaga Del Rey, Ca. 90291, Bell.vi.l.le, Ka. 669:35 Mission Viejo, CA 92690 625-360...014 625-360-024 625-350-001 GERALDINE HOME BUSINESS DEVELOPMENT OWNI RS IN COMMON 8524 Oak Ave. 45301 Deep Canyon Rd. 74340 El Camino Orangevale, Ca. 95851 Palm Desert, Ca. 92260 Palm Desert, CA 92260 625-360--015 625--1.61-004 THRU 009 A,%Avs -bus-ar EDWARD R. WI:ENECKE SO CHI:NG CHIANG s}53 b DlZl�l�ad DIG 5123 Neptune Sq. CHING LONG JIANG & CHEN Oxnard, Ca. 93030 MING ST AL- qa� to 635 S. Eremland, Covina, Ca. 91.723 625-360-016 625-161-012 & 013 EVA M. MELLO SOUTHERN CALIFORNIA EDISON 132453 Fiji Way P.O. Box 800 Marina Del Rey, Ca. 90291 Rosemead, Ca. 91.770 625-121--006 625-3 50--006 625-•350--016 WILLIAM BRONSTEIN DCNALD R. Y.EIZ GERALDINE ELLERBROOK 1052 Driftwood Dr. 7.544 Cleargrove Dr. 4 Los Palos Dr. Palm Springs, Ca. 92262 Downey, Ca. 90240 San Luis Obispo, Ca. 93' 6215-121-007 62.5-150-007 52.5- 3.50-017 DEEP CANYON :INN LTD. MARY M. FRAZAR ARTHUR T. ROE 35 8255 Girard St. 11.0. BOX 2466 066 Wilshire Cir. La Jolla, Cs. 92037 Ranchr, Santa Fe, Ca.92067 Sacramento, Ca. 95822 625-100-004 625-250-008 62 5--:350-018 JOSEPH BUCCINO THOMAS J. MOORE SARAH J. HARTMAN 34 San Sebastian Rd. 246 W. Wistaria 104.1.3 Elk River Ct. Rancho Mirage, Ca. 92270 Arcadia, Ca. 91006 Fountain Valley, Ca. 92 625-1.00-016 625--350-009 625-350-019 LESLIE: FUND INC. DAVID DUFFORD CAROL L. BURGESS 3600 W. Lake Ave. 2875 W. 235th St. #2 430 Summit Ave. Glenview, Ca. 60025 Torrance, Ca. 90505 Redland, Ca. 92373 625--1.00-022 625-350-010 625-350-020 RICHARD KUXHAUS ?OBERT A. HALL CAR], B. TERRANO 11518 Pico Blvd. 9249 Whitaker Ave. 5336 W. Rosecrans Los Angeles, Ca. 90064 Sepulveda, Ca. 91342 La.wndale, Ca. 90260 I 625--12A-004 625-350-021 Ei:_5-350-011 i FARIS BRANTNER THOMAS L. FLATTERY p-iul. J . spikula 9683 Tierra Grande St. P201 232 W. Norwalk Rd. 3221 Poinsetta Ave. Sa.n. Diego, Ca. 92126 Darien, Ct . 06820 Manhatten Beach, Ca. 90266 625-:350-002 625-350-012 625-360-001 GERALDINE BROWN MARIE; M. .JAASTAD !�h��6 HELEN REYNODS 3-280.1. Melody Dr. 137 S. Torremoli1 46 7545 Katella Ave. Garden Grove, Ca,, 92641 Stanton, Ca. 90680 Rancho Mirage, Ca. `s8<^.27 625-350-003 625-350-013 625-360-002 MILLICENT CHILDS INVESTMENT! LEO R. KUBESKA LOREN C. TRIPPEER 3210 N/ St. NW 2563 11. Orange Hill. Rd. 5339 Oceanview Blvd. Washington, DC 20007 Orange, Ca; 92667 La Canada, Ca. 91011 625-350-004 625-350-014 625-360-003 FRANK AULT VIVIAI4 I. LANGFORD FRANK CLARI7.I0 13905 Mira Montana Dr/ 9013 Charlom,a Dr. 2025 Willester Ave. Del. Near, Ca. 92014 Downey, Ca. 90240 San Jose, Ca. 95124 625-350-00.5 625-350--01`i 625-360-004 RENE L. SCHENK HARR'ESON RAYNIER DARLENE L. DECANIO 293 Rosemont #1 1-938 Carpenter Canyon Rd. 244 26th St. Pasadena, Ca. 91103 San :Luis Obispo, Ca.93401 Hermosa Beach, Ca. 90254 1 Recording requeste0by' w� ' And when recorded, mail to : City Clerk CITY OF PALM DESERT P. 0. Box 1977 Palm Desert, CA 92261 This Space for Recorder' s Use PLANNING COMMISSION S �� of the j CITY OF PALM DESERT D. G CERTIFICATE OF COMPLIANCE (Waiver of .Parcel. Map. .PMW__84- Property Owner (s) : T & T, LIMITED 14032 Enderle Center Drive Tustin, CA 92680 (714) 838-5530 Pursuant to Chapter 26. 34 of the Palm Desert Municipal Code, the Planning Commission of the City of Palm Desert hereby declares that on June 9th ) 19 84 , a waiver of parcel map for ! lot line adjustments was granted to the above-referenced property owner (s) to create the parcels of real property hereinafter de- .- scribed located in the City of Palm Desert, County of Riverside, State of California, which parcels thereby created comply with the California Subdivision Map Act and Title 26 of the Palm Desert Municipal Code : This action does not supersede, modify or affect any requirement 71 . of provisions of the Palm Desert Municipal Code pertaining to . building or zoning regulations . PLANNING COMMISSION qF THE CITY OF PALM DESERT Dated: I—/ — �L ~- DIAZ DIRECTOR OF ENVIRONM TAL SERVICES STATE OF CALIFORNIA) SS ., COUNTY OF RIVERSIDE) On his /a day o G'X, in the yew(W V' before me , _ a Notary Public ` ,, in 4rfoon r sa' county an state, persona y appeared personally kno to me to Te t o w o e ecute this instrument as of the City of Palm Desert on behalf of the P anning Col '. sion of the City of Palm Desert and acknowledged to me that said Planning Commission executed the same. OFFICIAL SEAL y ` LINDA S. OSBORN Not ry u is in an or sai t NOTARY PUBLIC.CALIFORNIA County and .3 tate l PRINCIPAL OFFICE IN — -•--� 0- RIVERSIDE COUNTY My Commission Expires Dec. 5, 1986 p l *NOTE T This plat was° prepared from , record data only and doe not represent a survey of the prooerty shown hereon, This map has been approved upon the expressed condition that building permits shall not be issued for any develop- meet within this adjustment plat until necessary dedica- tions if any have Occu{red. .. T Ira 4.1v fo V w of M ,N, er 1 fy qnt Q 40 41, 4-4 its zoo c �i ><9 DEFT t +2 .4 0 a, 9 sKArr-cam _ a�Qy SA .9 Lot Nos Street naririe' A.P. Nos ADJUSTME 1 _ .��'L.{ATE City t of Rolm Desert Prepared by: A0'0 con Appr, ed by: f'3sf+'n peed, CA c _ DIREdTOR 4F PUe{.1C WORKS, J RCE NO, 20459 DATE l:t o. za94.� ATE : .,... _. _ A- 1 SURVEYING CO. , INC. 73-400 HIGHWAY 111 PALM DESERT,CALIFORNIA 92260 PRESIDENT TELEPHONE JERRY DENN1NGTON (619)34"1335 REG.CIVIL ENGINEER - VICE PRESIDENT - JOHN A.ALFORD REG.CIVIL ENGINEER - LEGAL DESCRIPTION A portion of Shadow Hills Estates in the Southeast Quarter of Section 21, Township 5 South, Range 6 East, San Bernardino Baseline and Meridian, and more particularly described as follows; Beginning at the Southwest corner of Lot 8 of Shadow Hills Estates as shown in MB 31, pages 1 to 3 inclusive, records of Riverside County, .California said point being the TRUE POINT OF BEGINNING: Thence, North 0°-o2'- 001/dest and a distance of 179.43 feet to a point, said point being the Northwest corner of Lot 9 of Shadow Hills Estates; Thence North 892-34/-30"East and a distance of 316.67 feet to a point, said paint being the Northeast corner of Lot 2 of Shadow Hills Estates; Thence, South 0°-02'-00'/East and a distance of 144.52 feet along the Easterly Line of Lots 2 and 3 of Shadow Hills Estates to a point, said point being the beginning of a tangent curve concave to the Northeast and having a radius i of 334.22 feet; Thence, Southerly and Easterly along said Tangent curve through a central angle of 6°-22 -OS an arc length of 37.15 feet to a point, said point being the Southeast corner of Lot 3 of Shadow Hills Estates; Thence, North 89'-58'-00 "East and a distance of 318.72 feet to the TRUE POINT OF BEGINNING. This parcel contains 1.313 acres more or less. ry D nington R.C. 943 5/21 84 RE-GEIVMD MAY 311984 aTi of P"DOW T CIVIL ENGINEERING - LAND SURVEYING - PARCEL MAPS - SUBDIVISIONS - MASTER PLANNING MEMBER:COACHELLA VALLEY CIVIL ENGINEERS AND LAND SURVEYORS ASSOCIATION ' fY f y u� 1 k 24f it 1 } ,r }• 1,. Y t a ju ,IV a a w afi t L, ss y ;4 xIrAL"v SS7 i! y 1 i April 14, 1985 71 City of Palm Desert 73510 Fred Waring Drive C7 Palm Desert, Ca. 92660 Re: Ferngrove Village, 45-200 Deep Canyon Rd. Palm Desert, Ca. Affordable Rental Agreements 6entleperson: S One 1 bedroom units and, tF�ee 2 bedroom units have been designated as affordable to insure that the units remain affordable. Individuals will be qualified by filling out an application made especially for those units to insure that they are in the required income bracket. These units may vary from time to time in location but the quota will be maintained. Very truly yours, Ted Martine 14032 ENDERLE CENTER DRIVE, TUSTIN, CALIFORNIA 92680 (714)838-5530 (714)954-6000 73-610 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE (619) 346-0611 November 30, 1984 Ted Martinez 14032 Enderle Street Tustin, California 92680 Dear Mr. Martinez: At its regular meeting of August 9., ,1984, the Palm Desert City Council adopted Ordinance No. 380 approving a development agreement relating to terms and conditions for the renting of an approved 28 unit apartment complex located 225 feet south of the Highway ill frontage road, between Deep Canyon Road and Shadow Hills Road. Enclosed for your records is a fully executed copy of the aforementioned ordinance. This ordinance was recorded in the Office of the County Recorder on October 17, 1984, Page 224584. If you have any questions or require any additional information, please do not hesitate to contact me. Sincerely, SHEILA R. GILLIGAN CITY CLERK SRG:mpf Enclosure (as noted) f� ■ FOR 113E BENEFIT OF THE CITY;OF FAL.M DESERT NO FEE "CORD 6103 0? TH3 GOVT. CODE .Cr FOR AT 11,00 O'CLOCK A.W EN RECORDED SEND TO: Rqu . 'FY OF PALM DESERT ORDINANCE NO. 380 6003: 1!�•ago 224584 —510 FRED WARING DRIVE 7 T� LM DESERT, CA 92260 TN: CITY CLERK AN ORDINANCE OF THE CITY COUNCIL OF THE CITY n,d.dim0"S'R•a�! ° �` "`� • OF PALM DESERT, CALIFORNIA, APPROVING A ��� DEVELOPMENT AGREEMENTMENT TERMS RELATING To AN ,d e� AND CONDITIONS FOR THE REN OF TING _— APPROVED 28 UNIT APARTMENT COMPLEX LOCATED 225 FEET SOUTH OF THE HIGHWAY III FRONTAGE Feess ROAD, BETWEEN DEEP CANYON ROAD AND SHADOW N HILLS ROAD. Case WHEREAS, the City Council of the City of Palm Drtp byCTED aliforMa, did n the for 28th day of June, 19841 hold a hearing to consider a request approval of a development agreement specifying the terms and conditions for the renting fof an aproved 29 unitrontagep road, betweenaDe p Canyon Road partment complex l and eShadow d 225 eHills Roadet south f more particularly described as: Lots 2,3,8,9 of Shadow Hills Estates Tract or APN 625-1627036 S said application has complied with ty 0 requirements' of th Act, Resolution WHEREAS, P Desert Procedures to Implement the California Environmental Qua tY No. 80-89," in that the director of environmental services had determined the project has been assessed in connection with previous approvals and no further documentation is deemed necessary. AS at said hearing, upon hearing and considering the testimony and WHERE a heard said city council did find the following arguments of all persons desiring to b , facts and reasons to exist to approve the development agreement. 1. The proposed development agreement is consistent with the general plan zoning ordinance and specifically implements policies contained within the housing element. 2. The proposed agreement will facilitate the production of housing affordable by moderate income households. The City Council of the City of Palm Desert, California, DOES HE ORDAIN as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That it does hereby approve DA-5 as described in Exhibit "A" for reasons set out in this Ordinance. 3, The City Clerk is directed to publish this Ordinance nand, the a i ce Palm Desert Post, a newspaper of general circulation, published the and shall certify to the passage of adoption of this City of Palm Desert, Ordinance, shall submit to the Riverside County Recorder for days after its and the same shall be in full force and effect thirty (30) day adoption. ular PASSED, APPROVED and ADOPTED at ae following vote,fto wPalm Desert City Council, held on this 9th day of August, 1984, by th AYES: JACKSON, KELLY, AND SNYDER NOES: NONE ABSENT: PULUQI, WILSON ABSTAIN: NONE EACH OOCUMEN] I ATTACHED.IS C9h{rT€;�Th D CORRECTi'OPY OF THEORIGINALON FILEANDON ATTEST: RECORD IN We%l OFFICE. Dated: - ------ SHEILA R. GILLIGAN, City Cleih City o1 Palm Desert.California SHEILA R. IL AN, it er C� G) - S city of Palm esert, Cali rnia Qv, 1 ORDINANCE NO. 380 III EXHIBIT "A" TED MARTINEZ AFFORDABLE HOUSING AGREEMENT en the City 1984 between y ent made as of this day of sa„ter = r This agreement, 2tlt. of Palm Desert, a California municipal corporation (hereinafter "CITY") and Ted Martinez, (hereinafter "DEVELOPER") provides: Recitals 1. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1; attached hereto and made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and been granted a density bonus pursuant to Section 65915 of the California Government Code and approval of a precise plan (PP 84-5) to construct 28 residential rental units on the PROPERTY. 2. As a condition of said approvals, CITY has required that a specified number of units within Precise Plan 84-5 (hereinafter "PROJECT") would be set aside for moderate income occupants subject to restrictions necessary to insure the continued occupancy of said units by low income households. 3. DEVELOPER and CITY desire to further memorialize and implement the conditions of said approval and do hereby agree to the following terms and conditions. Agreement 1. DEVELOPER has been conditionally granted permission by the CITY to construct 28 rental residential units on the PROPERTY by Precise Plan 84-5 and Planning Commission Resolution No. 948. As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent 6 units for moderate income households. Hereinafter these 6 units shall be referred to as "MODERATE AFFORDABLE UNITS." 2. As used herein, "moderate income households" shall refer to families or individuals whose gross income does not exceed 100% of the Riverside/San Bernardino County median income based upon financial and demographic information received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is contained in "Exhibit 2" and shall be updated automatically as information is obtained from HUD. If in the future more relevant or timely data is made available by other officially recognized agencies, the applicant may request amendment of this agreement to include such data. -2- ORDINANCE NO. 380 3, Rent for affordable units shall not exceed 30% of the gross income of moderate income households. One bedroom, one bath units shall be based on income figures four person households; � for two person households; two bedroom, two bath units, P resulting in the following maximum initial rents. These rents shall be adjust per Article 2 of this agreement. Max. Rents Max. income 1 bedroom 1 bath $501 $20,062 2 bedroom 2 bath � $628 $259100 4. The DEVELOPER or his assigned management agent shall be responsible for determining elgibility of. prospective tenants. Prior to opening the project the DEVELOPER shall submit for:approval.a plan to the.CITY describing the.procedure for determining and enforcing eligibility requirements. This plan shall include annual qualification by all eligible hous eholds and a semi-annual audit at the DEVELOPER'S cost by the CITY or its assigned agents determining compliance with all aspects of this agreement. 5, The DEVELOPER shall not discriminate on the basis of race, creed, sex, national origin, or age. The MODERATE AFFORDABLE UNITS shall be equipped in the same fashion and their exterior shall be identical in quality and desirability as other units in the project. The AFFORDABLE UNITS shall be evenly dispersed throughout the prjrect. The exact location of the AFFORDABLE UNITS shall be changed from time to time as vacancies permit. 6, The DEVELOPER shall maintain the quality of the buildings, grounds and recreation facilities consistent with their condition at the time of issuance ofs certificate of occupancy. The DEVELOPER shall post a $2500 bond or other satisfactory security assuring the performance of any work the CITY feels is necessary to meet this requirement in a form satisfactory to the CITY. 7. The term of this agreement shall run for thirty years during which period ,�6 aforementioned MODERATE AFFORDABLE UNITS shall be reserved for moderate income household. During the first ten years of this agreement the entire PROJECT shall be maintained as rental housing. Thereafter the DEVELOPER or his successor may apply to amend this agreement to allow condominium conversion. The DEVELOPER will be required to conform to all applicable zoning and building regulations. The amendment would include a program to maintain the availability of the MODERATE AFFORDABLE UNITS for lower income households throughout the remaining term of the agreement. 8. The provisions of this agreement shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any l :j -3- ORDINANCE NO. 380 tr � provision hereof, the prevailing party shall be entitled to reasonable attorneys fees together with other legally allowable costs. 9. This agreement shall be reviewed by the CITY planning commission every 6 months, at which time the applicant or his successor shall be required to demonstrate good faith compliance with the terms of the agreement. If as a result of this review, the commission finds and determines, on the basis of substantial evidence, that the applicant has not complied in good faith with terms or conditions of the agreement, it shall recommend to the city council that the agreement be modified or terminated. If the city council concurs with the planning commission recommendation the agreement shall be modified or terminated. Proceeding beford .the.city council shall be a noticed public hearing if at the time. of the hearings substantial improvements have not yet occurred on the site, termination of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith and the zoning of the property. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated then enforcement of provisions of this agreement shall be pursued through legal action per No. 8 of this AGREEMENT. 10. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 11. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each 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 the parties have executed this AGREEMENT the year and date first above written. j TE MARTINEZ THE CITY OF PALM DESERT (Notarized) ATTEST: 1 z ORDINANCE NO. 380 c H EXHIBIT "I" LEGAL DESCRIPTION OF PROPERTY • Assessor parcel number 2 3 8 do 9 of Shadow Hills Estates Tract, also known as. P Lots , , 625-162-036. -5- ORDINANCE NO. 390 GO N I RV GPI EXHIBIT "2" HUD MEDIAN INCOME LIMITS March, 1983 PERSON IN FAMILY 2 $209062 q $25,100 _6_ J f , m _s s i 11 I li I " S ti i , 1 M r ,s 1 11 1 I 1� ( 8 f a I 11 I N 1 �p r t2 w 54 O t -p b- O 5-t , 54 • a tg -o"t -d x •0 3•a 30-0 2f ._ _ 3 - �L'U r� i` j ; j --- — — IF 31, 11 a f� ova!! • a • I f t --� kitche I bedroom bat n �; I nin w � w g - ' DC. side walk . _ r } k �,ttrr'b & gutter I _ • - '� _ .-.. . I r_j - t coveredpc rk�ng --'---""'• ice• >fiT �_ I .--_ ( 1 i .1-- _- +_--i----�-- r 1 _ _.-_--'_.-� AI I� i ' i ___ ._.-r_--.sue-•-. ? •.( O j f , 4b PVT k� � I � , �'���IIU`l1l.JL7 ; ,; � �(� } i ; ., -� ;tom � , /� ' ±s, ''� ♦ � . SIM vin , 1 � , • . � i r I '• t .a • ter. • I � .jr'. ' M .. r ( r f"A"fM A' fir- , —_- -�--T--t t i t . . , r t "`. �i A ,, . 2 a_ -- r �?£ COOCYl o N *''�'.'' '; C o I I j� -ENTRANCE � R ( ` } 1 t� • .w fin. ':" - . . r 1 w ♦ -" Y.1. '. - . Y-._ :} ... ..:ath s ( , • utter --�` •- ' w w • r.. E :. ., - fir--.,.._..:_ C- -=r^_.—._i . '•'---r-'_---"1 --- •" '1:w;'.,.. ' --- � � • :. , ` d 41* I 3 / W \/ r , r - ' . j r nUr In • 4 775 ce Q. w , a t dr e { ~ r 4. 1 _ r -- 1�y�}� . ..,. , -, I 5 . `, ebverei parkin ing{ 'b ,! y YPICAL 2 BEDROOM c 1 �.� x . � P LA 4 • 3 0 .r � � 2 UNITS) -0 � � r: 1�11 1 ;• s �,' X / SQ Y P „ " . FT. o � .. , / _•. � '�-' ! � � � _._.r ,. - ., ... ,—'7H^irf"�ty Y�';'SI:' _ - - - - -- SAP ( 033 SQ 'r a r I _ M or NAGER' � 1 724 t4ORTH 3 5r-o" o olG4zrt41 1x ` I 'r PZ17-Y f ; • _____-^-_-�•"• __ r .s1;a.". - r u+ r ,lee w r. w •n a _—__ �. SITE PLAN N _ r 20,..On � ja 71 w" Y $ : AREA CALCULATIONS — - = - -- _ dining = Cltc_h �, - -,,bath - -AREA u Q- t i BLDG. A 14, fD-5) 2 BEDROOM i,�tn'S PLUS MANAGER 13 ` G , • r LDG. B co 16) -1 BEDROOM L=. �13 BLDG. C �� � -- 8) BEDROOM MATS ,f168 `SQ_ FT. • / } • I • Uj eTj r, f # 1 Q BLDG. Dlbedro tving Om 18) 2 BEDROOM LNfrS 7 168L"SQ. fT. ' tJTAL. 2g 1WS Q TOTAL F34,202.SQ. FT. LIJ 44 I If'OTAt PARKINC RE( t1RED & PROVIDED 56 SPACE (28 COVERED , 28 P I `t TOTAL SITE AREA 56,393 SQ. i ' XDING AREA (FIRST FLOOR) 13,866 SQ. FT. 24.5� {�,�. 1 r -t--- ----- t--- . -- _ f- ARKINC 18 488 SQ. ff. 32.8% � ANL? APING % ITE "ROVEMENTS 24,038 SQ. FT. 42.7�6 YI 1 BEDROOM l,_ LAN, (f? UNITS) 1l4 = � 0 � ...� J8$ SQ. FT. .. . pG �, . U. PALM DESERT , { :;ARTMENT OF F 'a' ' ❑ C.C.RES.N0. FERN GROVE VILLAGE * n t. ..�._.. _ _ � P.C.RES.NO. p- - _ ❑ STAFF LETTER • _ N APARTMENT PROJECT FOR FERN CROVE -PROPERTIES, INC. El D.R.R. ACTION FORM . sheet by `14032 ENDERLE`CENTE-R,DRIVE TUSTIN, CA 92680 (714) 838-5530 f C ; " �N $HALL COMMENCE •ITNIN �: 1 / i C.': OF THIS'APPROVAL. "'fir.. 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AN APARTMENT PROJECT FOR FERN GROVE PROPERTIES, INC., � I _ eet , _ .-..----- - ,-_ ._. -. _ ,� sh I 4 2 :14032 ENDERLE CENTER DRIVE' TUSTIN CA 92680 (7'14) 838-5530 h .«.t ', I .aa ' 0 0 eets . _ - --_---.. __ ! �. ' - _ � ., _- --.---I.--- --- --,---. - .-�---.:__- ,-_,__ - --,- :-_- y.: _. _ • ....•-:�,;..•�"'_,.,.,�: - __ ' ?�..,,a:-....�' a �:-•.s_. . w ,. ;�,,.,w. ..`�, _ ...-.-..... 'N — $,.: y t Ka� • fib§ a * • Y 14 , S TP kr b ' e x3 3 IH•i �, s: t round cover , cover c , • IV . IP watt • -- 0 ffiw 0. waitr . ' N o - - — of •d p- ground cover _ — watt �` w -0 Q e _ - — deck deck E Q d � gro d cover i J .. Ni V C z , � Z Pool r • 4 Q • • Q iTTT.. g a• • ' 0 — . • t $ •LU CL O W C v v o Z Q W • • 14 s� m er: s A mm 2 C _u I 9 wall — drive �p � -wait �� _ drive ` o �� ° WX • 4� trash ground c ver ' au n wall .. >• _ 4 r ,. • • • • o Wd� O • • • � a— ground cover T s� d' NORTH00 v C ROOF & LANDSCAPE PLAN � r ^ 1" =•20'-0" 4 f Y d - dv — M�is • Uj Q ` TREES SHALL INCLUDE:- SHRUBS SHALL fNCLUDE: Q A . . J WASHLNGT4NiA ROWSTA.S 12' HIGH MIN.) ASPARAGUS SPRENG R! m o- � ;FLEA EUROPAEA ACIJS pU LU I` r 4! a, UCALYPTUS CtfRIODORA 11GU$TkUM TEXANIJ,M W U c/) $CHINUS TEREBINTHFOLIUS BOUGAINVILLEA SPA. � , UERCUS SUBER Q CARISSA GRANDIFLORA ,. FICUS RETUSA NrFIDA .F, J f J (ALL 15-GAL. MIN.) #ALL 5-GAL. MIN.) U 06 k' O O r LJ CK FERN GROVE VILLAGE, }�N APARTMENT PROJECT FOR • FERN GROVE PROPERTIES, INC. F } sheet 14032 ENDERLE - CENTER DRIVE TUSTIN� hCA 92680 (714) 838-5530 L 1 h t of S ee S mimi file