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HomeMy WebLinkAboutPP 84-13 10 FOURPLEX BUILDINGS/DRIFTWOOD DRIVE 1984 PRI:{11 E PLAN `_ TENTATIVE TRACT ZONE C.HANGE.. PARCEL lViA VARfANCE ^ !. U.P. REFLF' 1'0:__. m r N APPl1CANT: �•� rev e_ .��vvl� �-1 C. z LOCATION ' EXISTING ZONE: PREPARATION PROGRESS DATE 'BY COMMENTS APPL ICATION RECEIVED LEGAL. PUBLICATION SENT NOTICES SENT TFIELD INVESTIGATION- DEPTS. NOTIFIED � y3 BUILDING ENGINEERING t� FIRE ' POLICE RECREATION & PARKS SCHOOL DISTRICT DIVISION OF HIGHWAYS FLOOD CONTROL CONTROLo I w PRE L..IM[NARY MEETING STAFF" REPORT FINAL_ PLAN APPROVAL PRECISE PLAN (6) L_AN_DSCAPING . PLAN (5) T�PLAN. DIRECTOROMOD. (6) HEARINGS & ACTIONS .4 � � DATE ACTION VOTE REVIEW BOARD HEARING P.C. HEARING PUBLISHED P.C. PUBLIC HEARING APPLICANT NOTIFIED ALLI LUMJ C.C. PUBLIC HEARING ( VE ORDINANCE NO. RESOLUTION NO. EFFECTIVE DATE RECORDED FOR DATA- BANK ZONIN(:a MAP CORRECTED DRIFTWOOD OASIS DECLARATION OF INCOME 1 . Affordable units have been set aside within DRIFTWOOD OASIS for moderate income households subject to restrictions necessary to insure the continued occupancy of said units by moderate income households . 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. 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 upon income figures for two . person house- holds ; two bedroom, one bath units shall be based upon income figures for three person households ; two bedroom, two bath units shall be based upon income figures for four person households ; and , three bedroom two bath units shall be based upon income figures for six person households , resulting in the following maximum initial rents : Maximum Rents Maximum Income 1 Bedroom 1 Bath $520 $20 ,812 2 Bedroom 1 Bath $584 $23 , 375 2 Bedroom 2 Bath $650 $26 ,000 3 Bedroom 2 Bath $731 $29 , 250 The maximum income shall be subject to adjustment according to information obtained from HUD. 4. Qualification as a moderate income household shall be determined annually on the anniversary date of the tenancy agreement . However , tenant shall be required to inform DRIFTWOOD OASIS of any change in income which would affect tenant ' s qualification as a moderate income household at which time tenant shall be required to vacate the premises within thirty (30) days . I declare under penalty of perjury that I have read the foregoing and agree to its terms and conditions . I further declare that I have applied to rent a unit consisting .of bedroom(s) and bath(s) . My maximum gross income does not exceed $ Executed this day of 19—, at Palm Desert , California . i (TENANT �TENANT Y�, FUR T-: 3.^.-;7.:IT OF THE CITY OF_FPS: iESEcIT ?E^s RECEIVED FOR RECORD HEN RECORDED MAIL TO: 8103 OF 1as.00VT•. CODT► AT 11:00 O'CLOCK A W ITY OF PALL-DESERT ORDINANCE NO. 378 R• �° t .0. BOX 1977 Book 19 Pe4a $a1 ALM DESERT, CA 92261 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY , TTN: CITY CLERK OF PALM DESERT, CALIFORNIA, APPROVING A OCT 1'7 TM DEVELOPMENT AGREEMENT RELATING TO TERMS Retarded in Oftial R=fO AND CONDITIONS FOR THE MANAGEMENT OF A 40 mRcWalY,ea'i+ UNIT APARTMENT PROJECT CONTAINING 10 UNITS In AFFORDABLE BY MODERATE INCOME HOUSEHOLDS. e c o r e r N CASE NO. DA-4 Feesf WHEREAS, the City Council of the City of Palm Desert, California, did on the 1 I J 28th day of June, 1984, hold a duly noticed public hearing to consider a request by NELSON DEVELOPMENT COMPANY, INC., for approval of a development agreement specifying terms and conditions for the management of a 40 unit apartment project containing 10 "moderate affordable" units to be developed under the density bonus provisions of Section 65915 of the California State Government Code. WHEREAS, the Planning Commission, by Resolution No. 959 has recommended approval; WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the Californiat Environmental Quality Act,t, Resolution No..80-89", in that the director of environmental services had determined the project has been previously assessed in connection with PP 84-13 for which A negative declaration of environmental impact has been certified. WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments of all persons desiring to be heard, said city council did find the following facts to justify its action as desc ribed below: 1. The development agreement is consistent with the general plan, zoning ordinance and specifically implements policies contained within the housing element. 2. The proposed agreement complies with Section 65915 of the California Government Code. 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 city council in th is case. 2. That it does hereby approve DA-4 Nelson Development Agreement labeled in Exhibits "A." 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 the agreement 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 City Council of the City of Palm Desert, California, held on this 9th day of August, 1984, by the following vote, to wit: AYES: JACKSON, KELLY, AND SNYDER NOES: NONE ABSENT: PULUQI AND WILSON ABSTAIN: NONE WALTER H. SNYDER, or TIES �;'t�4`� :trt�,�tST�"fk'1•iA?-3�C-€R'fI�8GA3E15 e33EAFULL T'. ll_ANO �5,1"G.NAL ON FILE AZ40 ON SHEILA R. G IGAN, Clerk i`i City of Palm Desert, C ifornia bawd; AM SHEILA R. GILLIGAN, City Cleo\ City of Palm Oeaert,California J t ♦ 1 y � ORDINANCE NO. 378 EXHIBIT "A" NELSON DEVELOPMENT COMPANY, INC. ev AFFORDABLE HOUSING AGREEMENT This agreement, made as of this 9th day of August 1984, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Nelson Development Company, Inc., (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 6.>915 of the California Government Code and approval of a .precise plan (PP 84-13) to construct 40 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 84-13 (hereinafter "PROJECT") would be set aside for moderate income occupants subject to restrictions necessary to insure the continued occupancy of said units by moderate 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 40 rental residential units on the PROPERTY by Precise Plan 84-13 and Planning Commission Resolution No. 378. As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent 10 units for moderate income households. Hereinafter these 10 units shall be referred to as "MODERATE AFFORDABLE UNITS." Each fourplex building within the project shall contain one moderate affordable unit. 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. -1- LO STATE OF COUNTY OF LIFORNIA —iss. u �On SEm✓bz, l,R q g'Y before me,thirundersigned.a Notary Public in and for m said State,personally appeared P, f�L-M 14&I-so/4 i=i < V eqpersonally known to me for proved to me on the basis of satis OFRCLAL- m factory evidence)to be the person(s)whose namela)Is/are sub- SfAI ' MARY P. FWIER h scribed to the within instrument and acknowledged to ms that Narmy FlIBLIC—CMIRJRNiA he/she/they executed the same. NOTARY BOND FRED IN RIVEMN COUN" m ` WITNESS my hand and official seal. m r" Signatur (This area for official notarial mail ORDINANCE NO. 378 enforceable by appropriate legal action brought by the CITY. In the event 11� � legal action is brought to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney's fees together with other legally eq 04 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. THE/CATTY OF PALM DESERT By /1l/ By NELSON DEVELOPMENT COMPANY, INC. (Notarized) By / ATTEST: / N✓ -3- ORDINANCE NO. 378 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 L0 income figures for two person households; two bedroom, one bath units, Z three person households; and, two bedroom, one bath units, four person Ln C4 households; and three bedroom, two bath units, six person households, nt resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. Maximum Rents Maximum Income 1 bedroom 1 bath $501 $20,062 2 bedroom 1 bath $564 $22,562 2 bedroom 2 bath $628 $25,100 3 bedroom 2 bath $737 $28,250 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 project. 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. 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 households. 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. This AGREEMENT shall be made part of , the CC&R's for each lot of the PROJECT. The provisions hereof shall be r -2- ,_ R ORDINANCE NO. 379 EXHIBIT "I" LEGAL DESCRIPTION OF PROPERTY cl n! Lots 15-18 and 23-29 of Shadow Hills Estates, MB 31/1-3 in the S.E. 1/4 of section 21, T5S, ROE, SBM. i -4- ORDINANCE NO. 378 EXHIBIT "2" HUD MEDIAN INCOME LIMITS March, 1983 PERSON IN FAMILY 2 $20,062 3 $22,562 q $25,100 6 $28,250 -5- PROOF OF PU4CATION This space Isfc eCounty Clerk's Filing Stamp (2ot5.5 C.t.. ) STATE OF CALIFORNIA, County of Riverside I am a citizen of the United States and a rTmv n� WI TM Mwevvm resident of the County aforesaid; 1 am over the age of eighteen years, and not a party to Proof of Publication of or interested in the above-entitled matter. I am the principal clerk of the printer of the ., cASE NOS. PP 84-1.3 , PMW 84-5) 6 , ...................... . - ........ .��,��,,,, DESERT. POST 7 and 8 _ ............................ .......................................................... Paste Clipping ..............................................:..... of Notice a newspaper of general circulation, printed SECURELY In This Space and published ......air.X4PM; .Y............. in .the City Of ......Ra1m..D.es ext......... CaY0FPALMDESEHf_`'`, County of Riverside, and which news- '<.:v�NDS:PRee-t3.Puwtla•s,s: 1 paper has been adjudged a newspaper :`7,ama.; HDrtCE'iS:ItEitEei-pfvErstm�:,.. of general circulation by the Superior rA...:taduohMb1Q wq WW1daaWe. 1 ;.,_�the,Pktnr.Dated,Flan r on.hq D . Court of the County of Riverside, State of = -mat ba to,comnae,a reateal_uyr1 �4i 1 NELSOM °EVElD,I'M rr.'COat-'.'1 5:'.PAffY 14c:: fdr approval of aA California, under the date of,,,�,OLS 19 .6.4, lMgatMm_Declatetbn- of, En -4 3'.+<•.ynantentaf Irmact o proses ply.': j,7 dtyeiopmen, agreement,';ono? 7' aamehfeR.-wmel:Case Number ..8.3CameC wahm.low 5.8......; that the notice, .aa:wa wc0oe 01 aaronpnt of which the annexed is aprinted copy (set rwracre 1104cur{MstD end"S bt)w1INn the R3:-: in type not-smaller than nonpareil), hasw'a313r�«°°,c° °e"bcea° been published in each regular and entire °i^`Dn « issue of said newspaper and not in any o7sr,o-1e and xixg::w sludo.:; supplement thereof on the followin dates, Eeptea A/B 3113.3' g suD pmaalbet 7:00 -. to-wit: � ';,him-S.ttlfLl:et'T:00 km.inthe C 9 Camca Chant at Pahn.Deswr . ..............5 .Y.r�................................. .'SCltY 140,73-510 Fred Wadn DWI; :t' palm Dmert:Callfamia.'at which -I -;.time-.am pftw Fall iMereete0�:1 all in the year Mail— :oereonsami' iteatpanendaridW I certify (or declare) under penalty of v �` RA#aMA.01A&, perjury that the foregoing is true and ciyafPannoeeec` ' correct. -"(W!•D.P:May411M)" , Dated at......galm. Desert California,this...3 .....day of..May., 19 84 ign ure Pres copies of this blank farm may be secured front CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 west Second St., Los Angeles, Calif. 90012 Telephone: (21*3) 625-2541 !Please request Of!M i M Al Proof of Publication when ordering this form. i NOTICE OF DETERMINATION Negative Declaration TO: (X) Clerk of the Board of Supervisors O Secretary for Resources County of Riverside 1416 Ninth St., Rm 1311 4080 Lemon Street Sacramento, CA 95814 Riverside, CA 92502 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: PP 84-13 Date of Project Approval: June 28, 1984 State Clearinghouse Number (if submitted): N/A Contact Person: Phil Drell Project Location: North side of Driftwood Drive, east of Deep Canyon Road. Project Description: 40 unit apartment development. This is to advise that the City of Palm Desert has made the following determinations regarding the above described project: I.The project ( ) will, (X) will not, have a significant effect on the environment. 2. An environmental impact report was prepared for this project pursuant to the provisions of CEQA. A copy of the environmental impact report may be examined at the above city hall address. 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. BOARD OF SUPERVISORS Signature Title !r U IL 94 Date Received for Filing OCT 2 2 GERALD A.H.:UMn y Please return date-stamped copy in the enclosed envelope. C ERKet M onARO0FSuaeRV1Wpe U;;;to caww NEGATIVE DECLARATION (Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code). Case No: PP 84-13 Applicant/Project Sponsor: NELSON DEVELOPMENT COMPANY, INC., P.O. Box 1014, La Quinta, CA 92253. Project Description/Location: Ten residential fourplexes (40 units) on 2.31 acres located on the north side of Driftwood, east of Deep Canyon Road. The director 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 an , included in the project to avoid potentially significant effects ay also be foun lathed. V RAMON A. DIAZ CAI E Director of Environmental Services RAD/tm 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (619) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION I Date: June 11, 1984 Nelson Development Co., Inc. Charles Haver & Associates P.O. Box 1014 74-390 Highway 111 La`Quinta, CA 92253 Palm Desert, CA 92260 C: PP 4-13, PMW 84-5, 6, 7 and 8 and Development Agreement The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of June 5, 1984. Approved by Adoption of Resolution No. 959 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. RAMON A. DIAZ, SECRETARY 1 PLANNING COMMISSION RAD/lcr cc: File i I June 5, 1984 s Mark D. Simon 45406 Driftwood Palm Desert, CA City of Palm Desert To Whom It May Concerns Z would like to express my support for the construction of apartments on lots 15-18 and 23-29 of Shadow Hills Estates MH 31/ 1-3. As Secretary of the home owners association of Mountain Villas, a condominium complex across the street from the aforementioned lots, it is my opinion that this construction would be to the benefit of all adjoining property owners. Sincerel , . S �'j Mark���D. Simon PROOF OF P'l—ACATION This space is ff 'ie County Clerk's Filing Stamp (2015.S C. .to.) STATE OF CALIFORNIA, —` County of Riverside I am a citizen of the United States and a �TMV nV DLTM t,VC,,VM resident of the County aforesaid; I am over the age of eighteen years, and not a party to Proof of Publication of or interested in the above-entitled matter. I am the principal clerk of the printer of the .. CASE..NOS . PP 84-13 , PMW 84-5 , 6 , ..... ............................................... „.„..... DESERT. POST 7 and, ............................ ......:....` . . ....................................... Paste Clipping ..............................................:..... of Notice a newspaper of general circulation, printed SECURELY In This Space and published ......ai.:xe.eh7y............. in the City of .......RALw..D.eserx......... otyOFPALNDESERT a Coun of Riverside, and which news- :-„ N' tY ., .Ss(gWtldS,ln'-941A"vl(1wa4s.e; .-. paper has been adjudged a newspaper �•aneQ'. p. ..,NOTICE R'HoEBY ON"that a of general circulation by the Superior ::Peapha.dno�u �haNseas ; gum m top sortsan f Moo Court of the County of Riverside, State of anabn de data a eW?e1 ri I:•• NELSW DEVELOPNEW COW"' California, under the date of.,, 19 , - P `.I -'dr apmPrak a p.q ].OJ..r1 6.4, � `,'n�;Haoailr.--0ecbte,lon at, En- . Case Number ..8.3&5.8......; that The notice, ., .eppy,earpq,Paa,aa0ep,tlmM,` 1 ",�, of which the annexed is a printed copy (set " aa"e"fo°oset1o""`a- Wurs A 9e++talN�ated in type not smaller than nonpareil), has "'•`^ew es i�l,sas+e� - o, rho,+u1p Side a.Ddmacod, been published in each regular and entireorM.pogo Deep Carryon Road. issue of said newspaper and not in an ROTS-15.18.1d 23.2 Y Ftj LOTS 1s 19 eM 2&3 M's vdow-" supplement thereof on the following dates, ; HIA+Estates M881r13 ' SND,puofic I ouft,v 11 Pe held on td-Wit: Rine 5. 19K at 1.90 WM In tlla � Carncil f;w r-at Palm;Deee„' .............5 5................................ "C4tyHee.13-510FredWedn9DO-: �.�.. Palm De , a aNa-I at.which 1 . ' time.aM p place,e an'imereelad all in the year 19.siL. ' ::Pmeaieare it filed to att"Ord m .leetd:. '.MNOHADIAZ 1 certify (or declare) under penalty of secrelan perjury that the foregoing is true and ; C1hr&0ihnDeeeM - correct. alRdtnia s 25,1964) Dated at......Palm.Desert California,this... 5....day of..May., 19 .84 Ign ore Prn copies of this blank form maybe sa Lured from) CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 west Second St., Los Angeles, Calif. 90012 Telephone. (2/3) 625-2541 Pisan rpltast OE NG MAL Proofef PVblleatlon whim orderina this form. RIVERSIDE COUNTY �tiE� CAL FIREDEPARTMENT ~� C UNTY IN COOPERATION WITH THE Q,___'• SI CALIFORNIA DEPARTMENT OF FORESTRY RIVERU..>..,,��L DAVID L.FLAKE 'MfMI OF Ca FIRE CHIEF 210 WEST SAN JACINTO AVENUE May 10, 1984 PERRIS,CALIFORNIA 92370 TELEPHONE:(714)657.3183 Ramon Diaz City of Palm Desert RANCHO MIRAGE FIRE STATION Y ° 70-800 HIGHWAY 111 -510 Fred Waring 92260 Ve �aV l LA N9bA RANCHO MIRAGE, CA 92270 Pa � SERVICES Reference: Case No. PP 84-13, Applicant,:,qI[yeo� t Xo���Dev �plent Co. Inc. CITi 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 require- ments 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 400 feet apart in any direction. b. so that no point of any building is more than 250 feet from a fire hydrant 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 three 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 84-13 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 . Very truly yours, DAVID L. FLAKE Fir Chie�ff B y, vf.(, dpm ERIC L. VOGT Fire Marshal f MINUTES PALM DESERT PLANNING COMMISSION JUNE 5, 1984 Commissioner Richards asked if this permit would be for the sole purpose of the dental office. Mr. Sawa replied yes. Chairman Crites opened the public hearing and asked if the applicant wished to make a presentation. MR. AL COOK, 73-081 El Paseo, representative, felt this was an appropriate use for the location and noted it would have low traffic generation. He requested approval. Commissioner Richards asked what the owner intended to do with the swimming pool. Mr. Cook replied that he intended to keep it and use it for his own private use. Chairman Crites asked if anyone else wished to speak in FAVOR or OPPOSITION to this case. There being none, the public hearing was closed. Moved by Commissioner Richards, seconded by Commissioner Downs, to approve the findings as recommended by staff. Carried unanimously 5-0. Moved by Commissioner Richards, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 958, approving CUP 84-4, subject to conditions. Carried unanimously 5-0. E. Case No. C/Z 84-4 - STAN F. LITTLE, Applicant Request for approval of a change of zone from R-2 (single family, maximum one unit per 4000 sq. ft. of lot area) to R-3 (multiple family, one unit per 2500 sq. ft. of lot area) for 2 lots on . the west side of San Rafael Avenue, approximately 220 feet north of San Gorgonio Way. Mr. Sawa gave the staff report and explained that because the city would be completing a study of the north side of Hwy 111, which would indicate the city's needs, staff is recommending denial without prejudice to allow the applicant to reapply within one year, when the study is completed. Commissioner Downs felt that the applicant was willing to improve this property with his own money and did not understand why the staff would be recommending that he wait. Mr. Diaz pointed out that a change of zone would not do anything. Staff anticipates the study to begin very soon. This matter was fully discussed and it was understood that the study had not begun but would be a matter of months before it did. The study would determine if this change of zone request would fit into the general plan and needs of the city. Chairman Crites opened the public hearing and asked if the applicant wished to make a presentation. MR. STAN LITTLE, 72-668 Bel Air Road, explained that they are proposing one more duplex to existing duplexes. He felt they are improving and upgrading the property and the existing buildings. He requested approval. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the public hearing was closed. Moved by Commissioner Richards, seconded by Commissioner Crites, to continue this matter to June 19, at 2:00 p.m. in order to explore the possibility to allow the applicant to proceed with the requested zone change. Carried 4-1 (Wood voting Nay). F. Case Nos. PP 84-13, PMW 84-5, 6, 7 and 8, and associated Nelson 7 MINUTES PALM DESERT PLANNING COMMISSION JUNE 5, 1984 Development Agreement - NELSON DEVELOPMENT COMPANY, INC., P g Applicant Request for approval of a Precise Plan, Parcel Map Waiver, Development Agreement and Negative Declaration of Environmental Impact to allow construction of 10 fourplex buildings (40 unit) and one common pool/recreation facility on 11 existing lots totaling 2.31 acres within the R-3 and R-3 (3) zones generally located on the north side of Driftwood Drive, east of Deep Canyon Road. Mr. Drell gave the staff report and recommended approval. The applicant requested an amendment to Condition No. 14, to state: "...or as approved by director of public works." He noted a letter was received from the condominium development to the east in favor of this project. Chairman Crites opened the public hearing and asked if the applicant wished to make a presentation. MR. KEN NELSON, 48-800 San Isidro, LaQuinta, was present for any questions the commission might have. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION of this case. There being none, the public hearing was closed. Commissioner Richards felt it was an excellent project. Commissioner Wood also felt it was well suited for the location. Moved by Commissioner Richards, seconded by Commissioner Wood, to approve the findings as recommended by staff. Carried unanimously 5-0. Moved by Commissioner Richards, seconded by Commissioner Wood, to adopt Planning Commission Resolution No. 959, approving a Negative Declaration of Environmental Impact, PP 84-13 and PMW 84-5,6,7, and 8, subject to the conditions as amended, and recommending to the city council approval of the Nelson Development Agreement. Carried unanimously 5-0. G. Case Nos. C/Z 84-5, PP 84-12, $ DA-4 - PALM DESERT PARTNERS, Applicants Request for a change of zone from service industrial to affordable high density planned residential - 18, construction of a two-story 104 unit apartment project and the associated development agreement, located south of the intersection of Hovley Lane and Beacon Hill. Mr. Joy reviewed the staff report and noted a letter was received from Mesa Development 11, which are owners of property across this proposed project, and expressed concern of potential future problems and requested that future tenants be aware of their industrial park being developed in that area. Commissioner Downs was concerned with an automotive shop being located right across this project. Mr. Diaz pointed out that use of the lots across from this project may not necessarily be for automotive service. Chairman Crites asked if there was assurance that the affordable housing units be scattered. Mr. Joy noted that the development agreement states that the units must be mixed. Chairman Crites opened the public hearing and asked if the applicant wished to make a presentation. -8- June 5, 1984 Mark D. Simon 45406 Driftwood Palm Desert, CA City of Palm Desert To Whom It May Concerns I would like to express my support for the construction of apartments on lots 15-18 and 23-29 of Shadow Hills Estates MB 31/ 1-3. As Secretary of the home owners association of Mountain Villas, a condominium complex across the street from the aforementioned lots, it is my opinion that this construction would be to the benefit of all adjoining property owners. Si/ncerel , ' Mark D. Simon G ORDINANCE NO. 378 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE MANAGEMENT OF A 40 UNIT APARTMENT PROJECT CONTAINING 10 UNITS AFFORDABLE BY MODERATE INCOME HOUSEHOLDS. CASE NO. DA-4 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of June, 1984, hold a duly noticed public hearing to consider a request by -'NELSON�,DEVELOPMENT COMPANY, INC., for approval of a development agreement specifying terms and conditions for the management of a 40 unit apartment project containing 10 "moderate affordable" units to be developed under the density bonus provisions of Section 65915 of the California State Government Code. WHEREAS, the Planning Commission, by Resolution No. 959 has recommended approval; 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 previously assessed in connection with PP 84-13 for which a negative declaration of environmental impact has been certified. WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments of all persons desiring to be heard, said city council did find the following facts to justify its action as described below: 1. The development agreement is consistent with the general plan, zoning ordinance and specifically implements policies contained within the housing element. 2. The proposed agreement complies with Section 65915 of the California Government Code. 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 city council in this case. 2. That it does hereby approve DA-4 Nelson Development Agreement labeled in Exhibits "A." 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 the agreement 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 City Council of the City of Palm Desert, California, 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 /tm ' CITY COUNCIL ORDINANCE NO. 378 EXHIBIT "A" NELSON DEVELOPMENT COMPANY, INC. 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 Nelson Development Company, Inc., (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 84-13) to construct 40 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 84-13 (hereinafter "PROJECT") would be set aside for moderate income occupants subject to restrictions necessary to insure the continued occupancy of said units by moderate 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 40 rental residential units on the PROPERTY by Precise Plan 84-13 and Planning Commission Resolution No. . As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent 10 units for moderate income households. Hereinafter these 10 units shall be referred to as "MODERATE AFFORDABLE UNITS." Each fourplex building within the project shall contain one moderate affordable unit. 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. -I- CITY COUNCIL ORDINANCE NO. 378 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, one bath units, three person households; and, two bedroom, one bath units, four person households; and three bedroom, two bath units, six person households, resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. Maximum Rents Maximum Income 1 bedroom 1 bath $501 $20,062 2 bedroom 1 bath $564 $22,562 2 bedroom 2 bath $628 $25,100 3 bedroom 2 bath $737 $28,250 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 project. 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. 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 households. 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. This AGREEMENT shall be made part of the CC&R's for each lot of the PROJECT. The provisions hereof shall be -2- Y CITY COUNCIL ORDINANCE NO. 17A 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. 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. THE CITY OF PALM DESERT By By NELSON DEVELOPMENT COMPANY, INC. (Notarized) By ATTEST: -3- 4 1/ CITY COUNCIL ORDINANCE NO. 378 EXHIBIT "1" LEGAL DESCRIPTION OF PROPERTY Lots 15-18 and 23-29 of Shadow Hills Estates, MB 31/1-3 in the S.E. 1/4 of section 21, T5S, RGE, SBM. -4- S ' CITY COUNCIL ORDINANCE NO. 378 EXHIBIT "2" HUD MEDIAN INCOME LIMITS March, 1983 PERSON IN FAMILY 2 $20,062 3 $22,562 4 $25,100 6 $28,250 -5- t PLANNING COMMISSION RESOLUTION NO. 959 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, PRECISE PLAN, ASSOCIATED PARCEL MAP WAIVERS, AND DEVELOPMENT AGREEMENT TO ALLOW THE CONSTRUCTION OF 10 FOURPLEXES (40 UNITS) ON 2.31 ACRES WITHIN THE R-3 AND R-3 (3) ZONES GENERALLY LOCATED ON THE NORTH SIDE OF DRIFTWOOD DRIVE, EAST OF DEEP CANYON ROAD. �. CASE NO. PP 84-13, PMW 84-5,6,7 and 8 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of June, 1984, hold a duly noticed public hearing to consider a request by NELSON DEVELOPMENT COMPANY, INC., for approval of a Negative Declaration of Environmental Impact, Precise Plan, Parcel Map Waivers, and Development Agreement, to allow construction of 10 fourplexes (40 units) on 11 existing lots totaling 2.31 acres within the R-3 and R-3 (3) zones, located on the north side of Driftwood Drive, east of Deep Canyon Road. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of environmental services has determined that the project will not have a significant impact on the environment and a Negative Declaration has been prepared. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be hear, said planning commission did find the following facts to exist to justify their actions: 1. The design of the proposed use complies with the requirements of the f zoning ordinance, will be compatible with surrounding uses, and will II not depreciate property values in the vicinity. 2. The change of zone and precise plan are consistent with the policies of the adopted Palm Desert General Plan and complies with standards for affordable housing high density development outlined in the proposed housing element. 3. The proposed development agreement insures compliance with Section 65951 of the California Government Code. 4. The parcel map waiver lot line adjustments comply with all applicable zoning ordinance, general plan, and public improvement requirements. 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. Precise Plan 84-13 Exhibit "A" is hereby approved subject to attached conditions; 3. Parcel Map Waivers 84-5,6,7, and 8, Exhibits B, C, D, and E, are hereby approved. 4. Approval of the Nelson Development Agreement, Exhibit "F," is > recommended to city council; 5. A Negative Declaration of Environmental Impact is hereby approved. -1- PLANNING COMMISSION RESOLUTION NO. 959 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of June, 1984, by the following vote, to wit: AYES: CRITES, DOWNS, ERWOOD, RICHARDS, WOOD NOES: NONE ABSENT: NONE ABSTAIN: NONE CRITES, Chairman ATTEST: RAMON A. DIAZ, 5ecretary AM r -2- City of Palm Desert Staff Report TO: Planning Commission DATE: JUNE 5, 1984 CASE NOS: PP 84-13,,PMW 84-5, 6, 7 and 8, and associated Nelson Development Agreement. REQUEST: Approval of a Precise Plan, Parcel Map Waiver, Development Agreement and Negative Declaration of Environmental Impact to allow construction of 10 fourplex buildings (40 unit) and one common pool/recreation facility on 11 existing lots totaling 2.31 acres within the R-3 and R-3 (3) zones generally located on the north side of Driftwood Drive, east of Deep Canyon Road. APPLICANT: NELSON DEVELOPMENT CO., INC. P.O. Box 1014 La Quinta, CA 92253 CHARLES HAVER & ASSOCIATES 74-390 Highway 111 Palm Desert, CA 92260 I. BACKGROUND: A. ADJACENT ZONING AND LAND USES: North: R-3/Apartments South: R-1/Single Family East: PR-6/Condominiums West: R-3 (3)/Apartments B. GENERAL PLAN LAND USE DESCRIPTION: High Density Residential 7-18 d.u./acre. C. ENVIRONMENTAL REVIEW: The project will be of similar density and design as surrounding properties. The development of the site as mitigated will not result in any significant adverse impacts on the environment. A Draft Negative Declaration of Environmental Impact has been prepared. A $628 per unit school impact fee will be assessed at the issuance of building permits. II. DESCRIPTION AND ANALYSIS: A. DENSITY: The applicant is requesting a density bonus under provisions of 65915 of the California Government Code. The current combination of R-3 and R-3 (3) zoning would allow 36 units. A density bonus of 10% is being requested to allow an additional fourplex. Since each fourplex will be sold to individual investors, one unit in each building must be reserved and affordable for moderate income households. Moderate afordable rents shall be based upon households earning 100% of the area median as determined by HUD. T - 1 - PP 84-13, PMW 84-5,6,7, and 8 Continued June 5, 1984 Maximum rents and incomes for the moderate affordable units shall be as follows: Unit Size Maximum Rent Maximum Income 1 bedroom 1 bath $501 $20,062 2 bedroom 1 bath $564 $22,562 2 bedroom 2 bath $628 $25,100 3 bedroom 2 bath $737 $28,250 Rent and income limits shall be adjusted as new information is received from HUD. Nine of the fourplexes will include 2 three bedroom units and 2 two bedroom units. Due to the location of some overhead transmission lines, the tenth building will include 3 two bedroom units and a one bedroom unit. B. DESIGN: Architectural style and building orientation are designed to resemble a single family home. Maximum height will be 24 feet and 2 stories. Side yards will alternate between parking access and landscaped patios. Each pair of buildings will share a driveway, reducing curb cuts by 50%. Each unit will have a two car, fully enclosed garage. The lot in the center of the block will be developed with a swimming pool and cabana. Curbs, gutters, and sidewalks will be installed linking all units with the pool area. C. PARCEL MAP WAIVERS: All applicable zoning requirements are being satisfied. D. DEVELOPMENT AGREEMENT: An agreement has been prepared guaranteeing compliance with moderate affordable housing requirements. This agreement shall be recorded along with the CC&R's for the project to insure that each potential property owner is made aware of the rental restrictions. E. CONCLUSION: The project meets all zoning standards for the R-3 zone and site criteria contained within the housing and land use elements of the general plan. In addition to providing moderately priced rental units, the project will hopefully stimulate surrounding property owners to embark on their own rehabilitation efforts. F. FINDINGS: 1. The proposed project will not depreciate property or unreasonably interfere with the use or enjoyment for lawful purposes of property in the vicinity. The design and character of the development will be similar to or of higher quality than surrounding development. 2. The project complies with all design standards contained within the zoning ordinance and specifically implements the goals of the housing element of the general plan. PP 84-13, PMW 84-5,6,7, and 8 Continued June 5, 1984 3. The development will not endanger the public health, safety, or general welfare. III. RECOMMENDATION: A. Approve findings and adopt Resolution No. , approving PP 84-13 and PMW 84-5, 6, 7, and 8, subject to conditions and recommending to the city council approval of the Nelson Development Agreement. IV. ATTACHMENTS: 1. Resolutions 2. Negative Declaration of Environmental Impact 3. Legal Notice Prepared by: Reviewed and approved by: Am -3- PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, PRECISE PLAN, ASSOCIATED PARCEL MAP WAIVERS, AND DEVELOPMENT AGREEMENT TO ALLOW THE CONSTRUCTION OF 10 FOURPLEXES (40 UNITS) ON 2.31 ACRES WITHIN THE R-3 AND R-3 (3) ZONES GENERALLY LOCATED ON THE NORTH SIDE OF DRIFTWOOD DRIVE, EAST OF DEEP CANYON ROAD. CASE NO. PP 84-13, PMW 84-5,6,7 and 8 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of June, 1984, hold a duly noticed public hearing to consider a request by NELSON DEVELOPMENT COMPANY, INC., for approval of a Negative Declaration of Environmental Impact, Precise Plan, Parcel Map Waivers, and Development Agreement, to allow construction of 10 fourplexes (40 units) on 11 existing lots totaling 2.31 acres within the R-3 and R-3 (3) zones, located on the north side of Driftwood Drive, east of Deep Canyon Road. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of environmental services has determined that the project will not have a significant impact on the environment and a Negative Declaration has been prepared. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be hear, said planning commission did find the following facts to exist to justify their actions: 1. The design of the proposed use complies with the requirements of the zoning ordinance, will be compatible with surrounding uses, and will not depreciate property values in the vicinity. 2. The change of zone and precise plan are consistent with the policies of the adopted Palm Desert General Plan and complies with standards for affordable housing high density development outlined in the proposed housing element. 3. The proposed development agreement insures compliance with Section 65951 of the California Government Code. 4. The parcel map waiver lot line adjustments comply with all applicable zoning ordinance, general plan, and public improvement requirements. 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. Precise Plan 84-13 Exhibit "A" is hereby approved subject to attached conditions; 3. Parcel Map Waivers 84-5,6,7, and 8, Exhibits B, C, D, and E, are hereby approved. 4. Approval of the Nelson Development Agreement, Exhibit "F," is recommended to city council; 5. A Negative Declaration of Environmental Impact is hereby approved. -1- PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of June, 1984, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RALPH B. WOOD, Chairman ATTEST: RAMON A. DIAZ, Secretary Am -2- PLANNING COMMISSION RESOLUTION NO. 15. 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. 16. Only six driveway approaches will be allowed to serve this property. Size and location to public works specifications. City Fire Marshal: 17. 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 requirements will depend on built-in fire protection provisions of buildings. 18. Install Riverside County super fire hydrants located at each intersection: a. but not greater than 400 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. 19. 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. 20. Prior to issuance of a building permit, the developer shall furnish the original and three 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. 21. 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 84-13 is in accordance with the requirements prescribed by the Fire Marshal." 22. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 23. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. -4- 1 ROAD rl SAGEBRUSH DRIVE /�—D•■c.Nd t•Cltf to.trwt wid•ril9 It[o.)- / — — / ( i L gt m.....T ae.r••� ttvl rAlrc MOTou[r . U �. m..r•I'1 I TnNT to' AI[abMMOL[i•e eeV.l y6 IS Ptlr M ktoJ rtYOt�aa4 V. O20'a20 .NNal.d•ct� Mr 11 SLAG A Y L v.t. I�t. Net Aaeepe d P■cet 2.3 Ac p Qoes Fba Area fv Al BlydW 41.W8 s.f. F •u■a . — •.�_.-.� +� �___.___ z Pelomtxp d Lard Oo[aepe Iry Str ckm: 32% (32.520 e.l.) - i ♦ f i _u's 1 f1 U tu� Tvoe is 6 $4"Foofe9e Worker to of tk Witt 1■...LM T l■...LIw�LrC;, 16. al...lb.•••t Id.ww•n j [e_.. Urit to 1 1.202s.f. 9 • ewwwl a9 ____ ra :i - [ 2 Sao ef. 9 0 3 1 af. 8 889 w 4 889 ef. 9 - � B 998 al. 2 vmx•°•eb 7 So9 s!. 1 DRFTW00D DRIVE tl•aems b ulr ra an.t.ts.+o fryo./ CifYGr= Tabl 40 PALM C-E:r,_:-r ,. vNi. Ropowd Off-street P■kiq 83 spaces (2 apeooMM p1n 3 WNQ I C f-:1Fi7i ? Reared ofr-ee�ad P■«n9: 99 q,eoee c2=peceaA.tU C f':.ENT � p Pao ntw of O for Total Sls: 46%(48.779 e.f) Ei S i F.c P:Ticii., F LrWV Noss: :; G` SE r I A u J .[L[M 0[r[LOIY[.r COM[.r w NELSON DEVELOPMENT CO •••°°•� .... ro..°[t•v ILLLM1n°[°U[Hq PALM DESERT, CA. •L.,,..,°.[ aReRTf�3 ThL: plat was prepared �m record data only and dues n, -epr, ent a survey of the property shown 11--reon. This map has been approveu ..Pon the expressed condition that building permits shall not be issued for any development within this adjustment until necessary dedications if any have occurred. PLANNING .COMMISSION RESOLUTION NO. Lv w O N. 0*02'00"W. 0 A= 30 10' 45" .ie 110. 00' R= 181. 16' L= 10.39' m r°; PARCEL 4 c T= 5.19' z , W •I� 20 55Jy ^ N.0°02'00" W. ' N n . 10 i 1.0' N ` n•14°oe'1o" tY PARCEL 1 0 R= 191.I81— O PARCEL 3 � o L• 4�.18' = I N 12F3 LA T• 23.21' ; N 110.00' cc110.00' 0 to h1. 0'02'00"W' ----- Z �O ul R/W OED1CATlON a 3 Q PER INST. k O IL 'n F;t coaoeD co s PARCEL 2 2 5' - CITY OF 110.oo' " PALM DESERT DEPARTM ENT N.O.O 2'00"W. 5CALE: I =50 OF ) ENVIRONMENTAL SERVICES EXHIBIT R/W DEDICATION NO.�— PER IN5T. A CASE NO S' RECORDED PORTION OF LOT IS 4 LOTS SAGEBRUSH DRIVE 21,2a { 29 OF 5NADOW ro25-I(o2 019,o2E�029,030 14ILL3 ESTATE'S , MD 31/1-3 DRIFTWOOD DRIVE Lot Nos. Street name A.P. Nos. ADJUSTMENT PLAT - City of Palm Desert Prepared bvc Applicant: Approved by: Charles }laver and Assoc. NELSON DEVELOPMENT CO. 74 390 Hwy. 111 Palm Desert, Ca. 92260 *451 MILLIKEN AVE,. Director of Public Works (619) 346-7481 iRVINE, CA. 92114 RCE No. 29459 Charles J. haver RCE 9503 (714) 660. 0404 Date: (41q) 349- 1035 Date: This plat was preparel -om record data only and does r rep, .;ent a survey of the property shown —ceon. This map has been approv__ upon the expressed condition that building permits shall not be issued for any development within this adjustment until necessary dedications if any have occurred. PLANNING COMMISSION RESOLUTION NO. N. 0. 00'31'E 110.00' m PARCEL 4 ° m � d ° N.0002'00" W. --- 110.00' - -- W 7 43 PARCEL 3 ui 0 ar c5 IV O p � 0 in --------- O CO 110.00, ° O 0 3 Z 0 PARCEL Z Z ti R/W OEOICATION o fn PER IN5T. 1' - �• 0 RECORDED 5 ----07- �O\ PARCEL 1 Z N.o•oz'oo" W. :.,p,Ri.F_L 14- t 110.001 7� N.0002'00'W. 116•G7 ►.I.00OZ100"W. q I R1W DEDICATION PER INST. GCECOROED R/W OEOIGATION CITY OF PER INST. * PALM DESERT SCALE: 1"=50' QECOROP-0 DEPARTMENT OF . ENVIRONMENTAL SERVICES - T/1 NO. N0.fie..-- CASE N . PORTION OF LOT IS LOT5 Z4, 25, 2(e ! Z1 OF 514ADOW SAGEBRUSW DRIVE ro25.1,o 018, 025,026 02T,oza 14ILLS ESTATES, MO 31/1.3 DRIFTWOOD ORIYE Lot Nos. Street name A.P. Nos. ADJUSTMENT PLAT - City of Palm Desert Prepared bv3 Applicant: Approved by: Charles Haver and Assoc. NELSON DEVELOPMENT CO. 74-390 Hwy. 111 Palm Desert, Ca. 92260 IG451 MILLIKEN AVE. Director of Public Works (619) 346-7481 IRVINE , CA. 92"114 RCE No. 29469 Charles 1. Haver RCE 9503 (114) 460.0404 Data: ((olq) 345• 1055 Dots: •� This plat was prepare(' ^om record data only and does represent a survey I of the property shown .—reon. This map has been approve upon the expressed condition that building permits shall not be issued for any developssnt within this adjustment until necessary dedications if any have occurred. PLANNING COMMISSION RESOLUTION NO. � .o°o 'oo• 7 11a. 00 A- 17•le' S9" C 5• R- 187. 18' 0 L- 5G• •S7' � � r= 26•50' 28' PARCEL 4 +Z c r ;FS N W N � •p N m m IIO. W we 'v e: - - Q M O N O G• IL,•oo'45" PARCEL 3 r r R- 110 IT L- 30,74' T- 15.41' G• W*00' 45" r• ;� R= 50.00' r 0 L- 53.24' y T= 29. 4W - - - - 110 -$ i0 as 45•00'0 PARCEL 2 uigo Its 50.00' Z L= 39. 21' As 45'00'00" T-- 20.11 ' its 50.00' L • 39.27 T• 20.71 R/W DEOICATION c e , PER IWST. « i� N.o of 06"W. ICECOR D ED cr 2 43.30' _—_-- N•O'o2' 0 W o e� O O PARCEL I a CITY OF g IS PALM DESERT N c DEPARTMENT 2 OF SCALE: I -SO' EhVIRONPAENTAL 9G.70' SEERVICES W.0.0 Z'00'w, EXHIBIT N0. CASE NO.'A'�wat LOT° 15, Ica, 1'7 # i8 OF SHADOW HILLS ESTATES , MB 3111-3 SAGEBRUSH ORIVE 625- 1o2-0i&,017,018,019 Lot Nos. Street name A.P. Nos, ADJUSTMENT PLAT - - City of Palm Desert Prepared b"- - Aoalicant; Approved by Charles Haver and Assoc. NELSON (DEVELOPMENT CO. 74-390 Hwy. 111 Palm Desert, Ca. 92260 Ko451 MILLIKEN AVE . Director of Public Works (619) 346-7481 IRVINE, CA. 12714 RCE No. 29459 Charles J. Haver RCE 9503 ( 114) GCo o-0404 Date: ((o19) 345- -1055 Date: This plat yas prrparrd om record data only and does r repr sent a survey of the property shown i—reon. This map has been approveu upon the expressed condition that building permits shall not be issued for any development within this adjustment until necessary dedications if any have occurred. PLANNING COMMISSION RESOLUTION NO. 0 • f!4'S7 ' 29" R a 20.00' L.c 31.40' T = 11.99' o W. 0' 00' 31" E. g0.02' PARCEL 2 0 Id n iJ 0 N 1U%� O 1�j 110.00' Q N 0 R/W 0901CAT10N Z W CITY OF PER INST. 0 PARCEL I 00 0 U. PALM DESERT RECORDED ni �,� R 4 a CD � DEPARTMENT ^c r t r. �� —,_ t sn OF qr ENVIRONfJEN7AL 0 SERVICES 110.00, Z EXHIBIT t W.0' 02'00'W. (S. NO CASE N0.!M9J I R/W DEDICATION �/ Pam 1N5T. • SCALE: I" = 50' ReGoRDEo PORTION OF LOT 28; 24 OF (am 1(02-024 075 SHADOW 14ILLS t?,STA1E5 M63111.3 DRIFTWOOD DRIVE Lot Nos. Street name A.P. Nos. ADJUSTMENT PLAT - City of Palm Desert Prepared bv: - Applicant: Approved by: Charles slaver and Assoc. NELSON DEVELOPMENT CO. 74.-390 Hwy. 111 Palm Desert, Ca. 92260 16451 MILLIKEN AVE. Director of Public Worka (619) 346-7481 IRVINE , CA. 92714 RCE No. 29469 Charles J. Haver RCE 9503 (114) 660- 04o4 Date: _ (619) 345- 1055 Date: PLANNING COMMISSION RESOLUTION NO. EXHIBIT "F" NELSON DEVELOPMENT COMPANY, INC. 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 Nelson Development Company, Inc., (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 84-13) to construct 40 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 84-13(hereinafter "PROJECT") would be set aside for moderate income occupants subject to restrictions necessary to insure the continued occupancy of said units by moderate 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 40 rental residential units on the PROPERTY by Precise Plan 84-13 and Planning Commission Resolution No. . As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent 10 units for moderate income households. Hereinafter these 10 units shall be referred to as "MODERATE AFFORDABLE UNITS." PLANNING COMMISSION RESOLUTION NO. Each fourplex building within the project shall contain one moderate affordable unit. 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 income households. One bedroom, one bath units shall be based on income figures for two person households; two bedroom, one bath units, three person households; and, two bedroom, one bath units, four person households; and three bedroom, two bath units, six person households, resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. Maximum Rents Maximum Income 1 bedroom 1 bath $501 $20,062 2 bedroom 1 bath $564 $22,562 2 bedroom 2 bath $628 $25,100 3 bedroom 2 bath $737 $28,250 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. -2- PLANNING COMMISSION RESOLUTION NO. 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 project. 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. 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 households. 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. This AGREEMENT shall be made part of the CC&R's for each lot of the PROJECT. 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. 7 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. -4- PLANNING COMMISSION RESOLUTION NO. THE CITY OF PALM DESERT By By NELSON DEVELOPMENT COMPANY, INC. (Notarized) By ATTEST: -5- l PLANNING COMMISSION RESOLUTION NO. EXHIBIT "1" LEGAL DESCRIPTION OF PROPERTY Lots 15-18 and 23-29 of Shadow Hills Estates, MB 31/1-3 in the S.E. 1/4 of section 21, T55, RGE, SBM. -6- 1 PLANNING COMMISSION RESOLUTION NO. EXHIBIT 112" HUD MEDIAN INCOME LIMITS March, 1983 PERSON IN FAMILY 2 $20,062 3 $22,562 4 $25,100 6 $28,250 -7- 1 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL Case No. PP 84-13 Department of Environmental Services: 1. This approval is contingent upon the execution of a development agreement, specifying terms and conditions for the provision of 10 units affordable by moderate income households. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, design review and building permits. 3. The development of the property shall conform with all approved exhibits on file with the Department of Environmental Services and to all municipal, state, and federal statutes now in force or which hereafter may be in force. 4. Construction of a portion of said project shall commence within one year from the date of final approval unless a time extension is granted; otherwise said approval shall become null, void and of no effect whatsoever. 5. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District 6. Provisions for mail service shall be coordinated with the Palm Desert Branch U.S. Postal Service. 7. Location and design of trash enclosures shall be coordinated with Palm Desert Disposal Co. 8. Applicant shall pay school impact fees of $628 per unit or as determined by Desert Sands Unified School District. Department of Public Works: 9. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 10. 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. 11. 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 subdivider shall submit "as-built" plans prior to acceptance of the subdivision improvements by the city. 12. Landscaping maintenance on Sage Brush and Driftwood shall be provided by property owner. 13. Complete grading plans and specifications shall be submitted, as required by city ordinance, to the city engineer for checking and approval prior to issuance of any permits. 14. Installation of curb and gutter at 18 feet from centerline, matching paving and sidewalk on Sage Brush and Driftwood. -3- PLANNING COMMISSION RESOLUTION NO. 959 CONDITIONS OF APPROVAL Case No. PP 84-13 Department of Environmental Services: i 9 1. This approval is contingent upon the execution of a development agreement, a specifying terms and conditions for the provision of 10 units affordable by 1 moderate income households. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, design review and building permits. 3. The development of the property shall conform with all approved exhibits on file with the Department of Environmental Services and to all municipal, state, and federal statutes now in force or which hereafter may be in force. 4. Construction of a portion of said project shall commence within one year from the date of final approval unless a time extension is granted;.otherwise said approval shall become null, void and of no effect whatsoever. 5. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District L 6. Provisions for mail service shall be coordinated with the Palm Desert Branch U.S. Postal Service. 7. Location and design of trash enclosures shall be coordinated with Palm Desert Disposal Co. 8. Applicant shall pay school impact fees of $628 per unit or as determined by Desert Sands Unified School District. Department of Public Works: 9. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 10. 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. 11. 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 subdivider shall submit "as-built" plans prior to acceptance of the subdivision improvements by the city. 7 12. Landscaping maintenance on Sage Brush and Driftwood shall be provided by property owner. 13. Complete grading plans and specifications shall be submitted, as required by city ordinance, to the city engineer for checking and approval prior to issuance of any permits. -3- PLANNING COMMISSION RESOLUTION NO. 959 14. Installation of curb and gutter at 18 feet from centerline, matching paving and sidewalk on Sage Brush and Driftwood. 15. 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. lb. Only six driveway approaches will be allowed to serve this property. Size and location to public works specifications. City Fire Marshal: 17. 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 requirements will depend on built-in fire protection provisions of buildings. 18. Install Riverside County super fire hydrants located at each intersection: a. but not greater than 400 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. 19. 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. 20. Prior to issuance of a building permit, the developer shall furnish the original and three 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. 21. 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 84-13 is in accordance with the requirements prescribed by the Fire Marshal." 22. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 23. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. i -4- PLANNING COMMISSION RESOLUTION NO. 959 EXHIBIT "F" NELSON DEVELOPMENT COMPANY, INC. 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 Nelson Development Company, Inc., (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 84-13) to construct 40 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 84-13 (hereinafter "PROJECT") would be set aside for moderate income occupants subject to restrictions necessary to insure the continued occupancy of said units by moderate income households. C 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 40 rental residential units on the PROPERTY by Precise Plan 84-13 and Planning Commission Resolution No. 959 As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent 10 units for moderate income households. Hereinafter these 10 units shall be referred to as "MODERATE AFFORDABLE UNITS." Each fourplex building within the project shall contain one moderate affordable unit. 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. -I- PLANNING COMMISSION RESOLUTION NO. 959 ` 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, one bath units, three person households; and, two bedroom, one bath units, four person households; and three bedroom, two bath units, six person households, resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. Maximum Rents Maximum Income 1 bedroom 1 bath $501 $20,062 2 bedroom 1 bath $564 $22,562 2 bedroom 2 bath $628 $25,100 3 bedroom 2 bath $737 $28,250 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 project. 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. 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 households. 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. This AGREEMENT shall be made part of the CC&R's for each lot of the PROJECT. The provisions hereof shall be i -2- PLANNING COMMISSION RESOLUTION NO. 959 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. 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 'i 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. THE CITY OF PALM DESERT By s + By NELSON DEVELOPMENT COMPANY, INC. (Notarized) By ATTEST: -3- • PLANNING COMMISSION RESOLUTION NO. 959 EXHIBIT 111" LEGAL DESCRIPTION OF PROPERTY Lots 15-18 and 23-29 of Shadow Hills Estates, MB 31/1-3 in the S.E. 1/4 of section 21, TSS, RGE, SBM. t 1 i -4- PLANNING COMMISSION RESOLUTION NO. 959 EXHIBIT "2" HUD MEDIAN INCOME LIMITS March, 1983 PERSON IN FAMILY 2 $20,062 3 $22,562 4 $25,100 6 $28,250 -5- ROAD I 8A0EMMI"WE 1 1 —O.lk.IN t.00.1..b.N Ow11.AM♦sear IIr.1 -- I 1 9a R ��•�� Ilof A 1411T MOT a IMT 6 � 1� warn � r • � I � � 3 i I F.f O.I.1 � FhN.INY f117 Tt.k.lAw......,.s0•.sd M..1.•.d _/1.f_x_ 1 8Q .. 1 1 SUMMARY I .11d Aa00ofdP.o.f 23 Aa O Goss fl a AI..1a Al DL6*VK 41,909 91. Ptro.4sof of lyd fb.ssof M Si'x+m: 924 102.920 ll) .-II.a4 . 1 � t ilfa' �sO Foote00 Nnber_d UAL "At i = ,,,�.�.T a..w«'�[�r � � aw..w.•.y i e...w..•n i .... 10' . I 2 099 at. 0 _ O 9 1.210 at. 0 - N 1 6E9 al. 0 6 9"at.1 2 .1 0 649at. t aweO.ss...YurY,...M.Yw...IM1N C1iY ();r t eI9o.1. o toed 40 tn to RWo"d 00-sFOd PsMa 00 soeosf (2 MOD"/uI1 Pf.2 9sN1 G:: .'.fi'i"-riJ•i• ' i Pso/iad 00-.feet Por": 00 eoeo0f (2speonAM •1 ! . !am ftoed lwrdstnirolaToedeke: 4n(4a/10d)ON P n NELSON DEVELOPMENT CO ""°""'`"""`°""' U] Em - - -- PALM DESERT, CA. .,..'.'..r.. .'.......1 ytMAru2.Peu1nem9 PLANNING `COMMISSION RL_ .,UTION NO. 959 tv c N.o•ox'aa"w. C• S•lO'4b• a I10.00' A• 1e7.1a, 1.• 10. PARCEL 4. co Z tl)N.O•o7:00•W. N.I.�S�SY� 10• 7L . 40' 7 11a.ao � a•I4•oe'la• c PARCEL 3 $ c a 0 1.- 44.14W226.2I' In µ0.000„W IIQ 00' a O VA/W OoOICATION ..ND _---- 3 a PER INST.6 0 16 ReGolaor-O a o° °D 2 o PARCEL 2 ; C m ZR Z 6 C rY OF 110.oo' PALM DlSQ(r N.O.O2'00•W. SCAR: 1•aSp1 OF f0M11ONNCNM 66MICZ2 fD WW a(W DEDICOTtON P= IN•.T. - Nwbudbr aNCORDeo POCTION OR WT 16 4 Lam 2T,26 {21 M3NAMW 9AGGBFtU5W ORIYI 42S-IG2-o11,a2Jl,0211 ofO µ"S "TA-Mg . 1010 SUN4 Da1PTwCMO DRIVE Lot Nos. Street name A.P. Nos. ADJUSTMENT PLAT - City of Palm Desert Prepared bvc-- Applicant: Approved by'. Charles Haver and "sec. 14CLZON Wyl60PMPNT CO. 74- 190 Hy9. Ill Pals D.aarc. Ca. 92260 16401 MILLIKCN AVE Director of Public Works (619) 346-7661 IRVINE,CA. 12114 nCE No. 29466 Ckarlas J. Haver ACE 9503 (714) 640•0404 ' Daas: (611) 24e• 1"01 Oats: / PLANNING COMMISSION RESULUTION NO. 959 N.a•oo'are II o.aa' PAAOEL 4 d 24 N.O•eY 00'W. 110.00' � 7 � c PARCEL 3 � °( O -0 r 25 u o S O � Ilaaa__—_ � C � 0 3 r• PARCEL 2 'Z 1` zfw Ooo1uT1oN Z(z: PER INDT.• 1- 6' Plf6COr[Of:O O\ PARCEL I �' Ko•oz'o0"w. PARC8L. 4 v to I KO'&1'OC W. IID.47' KO'02'00'W. KD1.7D•OO"D. I.m' p RfW OfiOICATON PfA INeT. r eri."en&p R/W 0601CaT10N CfT'T'OF PEA INST. PALM OESERr SCALE: I"rs0' O...NOao QVA$ gNT Dm imicSS I Moon /3 No. us[ I 1361MON OC LOT 14✓I LOTS 24,Zs, ZO J LT as 5"Dow sAeganusM OK1vE. 42s•10 •rnA,o25,02f.,02T,OZa I41i6 Dsums, Ma syl-s cawTWo00 0A1YE Lot• Nos. Street name A.P. Nos. ADJUSTMENT PLAT - City of Palm Desert Prepared bvt' • ADD11Cant: Aooroved br: �zla ILwr cOd Assoc. MaL.4W OEVELOPMEWT CO. 7�•-790 NY. 111 10461 MILLIKEN AVE. Olrootor of Public Wert& raLa Dsrc. f+. 92260 (619).346®7461 IRVINE, CA. 12114 NCE No. 20466 Ourl&& J. H.wr 1C2 9503 (1714) O414.04" D&OI fV11) 346- 1066 Colo: A PLANNING COMMISSION RESOLUTION NO. 959 W •a •ao' De. e• IT'Ia'gar p 6' a• lei.16• L• 96.6T' D r. 2e•6e' M' ° -2 PARCEL 4 • � 1 W N 0 a•ICoo'46' PARCEL D . a.WO' IT L•9o.ia' T•15.4i' WP A• 41.0o'466 m o a. 94.00' L• 53.z4' 0 . T. 21.40' . a. 46'00 0 PARCEL 2 '^ q a. 90.00' = i Lr 31.21' A.46'00'oo' T. z0.1 t' a.S0.00' a w 4 !r L•71 7•2 0.11 R/W DEDICATION o P85[ IWST.• 1(tLORDLD ,'�' = 4,r w • S 49,50' "o r � 0 01 PARCEL. I ^ 0 N t5 CITY OF y PALM oESERT 0 z oFsrRorrNarr SC•L •: I'•SO' OMRMMOrrA4 14.10' SCRVIC86 • 1L0'OS'00'W. . CAS!Nixelwk LOTS is,lq,IT 41e OP SWAOOW WILLS 65TATIS , Me 31/1-3 SAGEBRUSW DRIVE G25.142•o14,a17,o1e.011 Lot Nos. Street name A.P. Nos. ADJUSTMENT PLAT City of Palm Desert Prepared bva'• ADDlicant: Approved by Chosi" Hover and Are. NELSerd 1:11VILOPMCNT CO. 74-390 WIT. 111 1046J MILLIKEN AVE. PaLs 0.", G. 93360 Dlreetor of Public Work& (619) 346-7461 IRVINIL, CA. 12,114 pCE No. 26460 C1••is J. lows Ra 9503 (114) 4,60•e444 1 best (rl1) 346- 1066 Del*: PLANNING COMMISSION RE�uLUTION NO. 959 a• e1•e-r•z1` a. zD.00' Lr 31.40' T a 11:11' 40.02' PARCEL 2 ' G d aN G3 N 0 I10.00' -- crry Cr N p u N.C o0-31'C p fL W OIIOIGaT10N = of 3 PER INST. .o PARCEL I e a PALM OBFtiT RtCORDED P P.C_L 4 r C giPMoil Q E11VtR01fpgHm 110.00' - 1.0 ICi! K O'0Z'Od W. � rxsll P)w PER kwpT.meT. T1aN � SCALE: 1'2 50' gibuW0110 PORTION of L. -r 2S424 of DRtRT woop ORIVE 424. twi-pia,e2! 511AMW 141LL0 95TA S M9 sI/Id Lot Nos. Street name A.P. Nos. ADJUSTMENT PLAT - City of Palm Desert Prepared by - Aeolicant: Approved by: Chad.. Mawr aad "ace. N[LsoN DaveLOPMEHT CD. 7a790 xyr. Ill rasa 0aaart. Ca. 92260 16481 MILLIKEIJ AVE. Oiroetor of Pu O114 worts (619) 346-7481 IRVINE. U. 12714 RCE Me. 29459 Chart" J. Navar RCE 7 503 (714) GO4-0404 0aca: .. <4 F1) 343.105i 04ta: AAA, Ada- I - .0 ti ^ (� ' CASE a� EN7I20MIEXTAL SERVICES DEPT. I24ITIAL STUDY EYVIROITI- ENTAL EVALUATION CHECXLIST d VOTE: 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" answer, 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 j geologic substructures? — b. Disruptions, displacements, compaction, or overcovering of the soil? -- c. Change in topography or ground surface relief features? d. The destruction; covering, or modification of any unique geologic or physical features? _ c/ 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? Yes Maybe No 3. Water. Will the proposal result in- .. Changes. in currents, 'or the course or . -'direction of water movements? ✓• ~ . b. Changes in-absorpttOn lutes, 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? f. Reduction in the amount of water other. wise available for public water supplies? 4. Plant Will the proposal result in: e a. Change in the diversity of species, or numbers of any species of plants (including tr ees, shrubs cro s � grass , and P ) • b. Reduction of the numbers of any unique, rare, or endangered species of plants?lan . / C. Introduction of new species of plants into an area , or in a barrier to the normal replenishment of existing species? f 5. Animal. life. Will the proposal result in: a. Changes in the diversity of species, or numbers of any species of animals (birds , land animals including reptiles , or insects)? ✓ b. Reduction of the numbers of any unique, rare, or endangered species of animals? C. Introduction of new species of animals Into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing wildlife hab,tat? 3. Yes Maybe No 6. Natural Resources. Will the proposal result in: a. Increase in :.the rate of use of any natural resources? b. Depletion of any non-renewable natural resource? 7. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? _ b. oemand upon existing sources of energy, or re- quire the.deselopment of new sources of energy? 8. Risk of U set.- Does the proposal involve a risk o an explosion or the release of • hazardous substances (including, but not limited to, pesticides,' oiI , •chemicals, or radiation) in the event of an accident or upset conditions? _ �• 9. E^onorHc Loss. Will the proposal result in: a. A change in the value of property and improvements endangered by flooding? b. A change in the value of property and _ impro•,ements exposed to geologic hazards / beyond accepted. �.conity 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 tT ton of the present developed or planned land use of an area? 12. open Space. Will the proposal lead to a v decrease in theaemount of designated open space? V/ 13. Population. Will the proposal result in: a. Alteraticn or the locat"ion, distribution, density, or growth rate of the human Population of the Citv7 b. Change in the population distribution by age, income, religion, racial , or ethnic group, occupational class , household type? - - i 4. 14. Emo10 ent. Will the ' Yes Maybe No additions new lon tEfpflt Posal result in change in the number and gobs provided, or a per unemployed, and underemployed?Ent employed, U- HoUsin 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 dnd 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 f demand for additional housing? I6. Transportation/Circulation. Will the proposal f resu L tn; ; a.. Generation of additional vehicular movement? b. Effects on existing parking facilities, or ✓demand for new parking? c. Impact upon existing transportation systems? 1� d. Alterations to present patterns of circulation e or movement of people and/or goads? e. Increase in traffic hazards to motor vehicles , bicyclists , or pedestrians? 17. Public Services. Will the proposal have an effect uponI or resu t in a need for, new or altered governmental services areas: in any of the fallowing a. Fire protection? b. Police protection? a Zi c. Schools ? d. Parks or other recreational facilities? e• Maintenance of public facilities , in ✓roads? f. Other governmental services? a ✓/ l y • 5. Yes Maybe No 18. Public Fiscal Balance. Will the proposal result in a net c aage in government fiscal flow (revenues less operating expenditures and annualized capital expenditures)? 19. Utilities. Will the proposal result in a neeor new systems, or alterations to the following utilities: a. Power or natural gas? b. Communications system? C. Water? — �✓ d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 20. Human Health. Will the proposal result in: a. The creation of any health hazard or Potential health hazard? b. A change in the level of community health care provided? 21. Social Services. Will the proposal result in an increased demand for provision of general social services? 22. Aesthetics . Will the proposal result in: L a. Obstruction of any scenic vista- or view open to the public? b. The creation of an aesthetically offensive u/ site open to public view? . _ - ✓ c. Lessening of the overall neighborhood (or area ) attractiveness, pleasantness,- and uniqueness? ✓ 23. Light and Glary. Will the proposal produce new light or g are? — — IZ 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 ZS. Mandatory Findings of Sionii'icance. a. Oces the project have the potential to degrade the quality of the environment or to curtail the diversity in the environment? b. Ooes 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 I the future. ) - c. Ooes 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. Ooes the project have environmental effects which will cause substantial adverse effects on human beings , either directly or indirectly? Initial Study Prepared By: � �,� A' May 17, 1984 CITY OF PALM DESERT LEGAL NOTICE CASE NOS. PP-84-13, PMW 84-5, 6, 7, and 8 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by NELSON DEVELOPMENT COMPANY, INC., for approval of a Negative Declaration of Environmental Impact, a precise plan, development agreement, and associated parcel map waiver to allow construction of 40 apartment units on 11 lots (10 fourplexes and one recreation lot) within the R-3 and R-3 (3) zones generally located on the south side of Driftwood Drive, east of Deep Canyon Road, more particularly described as: LOTS 15-18 and 23-29 of Shadow Hills Estates MB 31/1-3 STATE H I G H W A Y ill • — • N L CAMINO ¢ • I JI s > s� a p �• S pgP Y o W SAG USN guix e,�rjS R� Q J �y DRIFTWCOO GR IV • 7 b • • • ••••••••••• 10u ST. d CANOLEWOOD STREET I / \- CHATEAU NORTHI'. >Q ET CHICORY s T. � n PEPPER TREE DRIVE I 1 _ ST, �` ) �CHAiEAU SOUTH; LLA ST PAROS EL LA YUCCA TREE DRIVE `�1) ¢i.-- c ¢ C ' `90RRE60 DRIVE' !RASS s oPEPPE RGRA55 W ST. Y uinTC VE e�--r..�I 1 'r' ' IU FAIRWAY T O'RIVE111 111 III O ¢ DRIVE u i O c I I O ¢ ~-FRosPEcTOR TRAIL Q ¢_ u OLD PR05P CTOR TR41L • S c _ • m a I • _ a Q a EKED 'NAGON ?RAIL a • ¢ � 1 � , I �ise•••• •••s••�i'ii•aa • o u G • {'j� INDIAN WELLS CITY LIMIT SAID public hearing will be held on June 5, 1984, at 7:00 p.m. in the Council Chamber at Palm Desert City Hall, 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 City of Palm Desert, California PUBLISH: Desert Post May 25, 1984 Am Vt PROOF OF P.$ICATION This space Is to a County Clerk's Filing Stamp (2015.5 C.C.P.) G v 'a STATE OF CALIFORNIA, z County of Riverside L m C) o o PV rl T N a) i am a citizen of the United States and a _! TMV n,. A TM FgpRm cn resident of the County aforesaid; 1 am over `n CAS the age of eighteen years, and not a party to Proof of Publication of or interested in the above-entitled matter. I am the principal clerk of the printer of the „ CASE NOS • PP 84-13 , PMw 84-5 , 6 , DESERT POST 7 and 8 :. .................................................... .......................................................... Paste Clipping ..............................................:..... of Notice a newspaper of general circulation, printed SECURELY In This Space and published ......13i..xip.eK7.Y............. In the City of ......2 d Im..Lie is e.rt......... CITY OF PALM DESERT County of Riverside, and which news- LEDALNOTICE paper has been adjudged a newspaper CASE NOS,PP B413,PMW 846,6. T,end e NOTICE IS HEREBY GIVEN that a of general Circulation by the Superior pubic hearing wgl be held before the Palm Desert.Mrining Cam State of Court of the County of Riverside, I mission to consider a reount Dy NELSON DEVELOPMENT COM California, under the date of, 19 ,6.4, INC., for approval of.,LQ�.r1 ; egal NegatNe Declaration of En- Nronmental Irnr ,a precise plan, avefopm_eaget. agreament�.�g od Case Number ..8.31i5.8......; that the notice, bra . ,y'�-feL"a°"PNe"° 'imtiw con3(pGlion d 40 e6a menl d of which the annexed is a printed copy (set Anita on 113W(lo 1purplexe"nd one recreation lot)within the A In type not smaller than nonpareil), has `'rend R S 13)zopea5 generally bca��gg00 ,'ph IhesOt of Oriltwo0 been published in each regular and entire �Orive,east'+R.f���� Canyon Road, Awe partb fly dascribsd as: 1 issue of said newspaper and not in any LOTS 1}16 and M9 of Shadow supplement thereof on the following dates, +iWs Eslele9MB311A-3 SAID pubic hea*V w4N be held,on to-wit: June 5, 1984,a1�1i0-P. In the Council Chamber at Palm,Deaetl ......,,,;,, 5,(25 City Hall,73510 Fred Waring OfNe, ' ' �' Patm Desert, California. at which time aw place all Interested all in the year 19.8a,. Persons are invited to attend and be Ll I certify (or declare) under penalty of "ford' gAMON OW Secretary perjury that the foregoing is true and City of Palm Desert. 98 )California correct. (Pub.D.P.May 25.19&1) i Dated at......Palm.Desert California,this... 5....dayof..May„ 19 ,84, (/ ign ure Free toplas Of this blank form may be secured from I CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 West Second St., Los Angeles, Calif. 90012 Telephone. (21`3) 625.2541 Please request OE NERAL Proof of Publication when oraerinq this farm. 1 PLANNING COMMISSION RESOLUTION NO. 959 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, PRECISE PLAN, ASSOCIATED PARCEL MAP WAIVERS, AND DEVELOPMENT AGREEMENT TO ALLOW THE CONSTRUCTION OF 10 FOURPLEXES (40 UNITS) ON 2.31 ACRES WITHIN THE R-3 AND R-3 (3) ZONES GENERALLY LOCATED ON THE NORTH SIDE OF DRIFTWOOD_DRIVE, EAST OF DEEP CANYON ROAD. 1 CASE NO<PP 84-0, QMW 84-5,6,7 and 8 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of June, 1984, hold a duly noticed public hearing to consider a request by NELSON DEVELOPMENT COMPANY, INC., for approval of a Negative Declaration of Environmental Impact, Precise Plan, Parcel Map Waivers, and Development Agreement, to allow construction of 10 fourplexes (40 units) on 11 existing lots totaling 2.31 acres within the R-3 and R-3 (3) zones, located on the north side of Driftwood Drive, east of Deep Canyon Road. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director,of environmental services has determined that the project will not have a significant impact on the environment and a Negative Declaration has been prepared. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be hear, said planning commission did find the following facts to exist to justify their actions: 1. The design of the proposed use complies with the requirements of the zoning ordinance, will be compatible with surrounding uses, and will I not depreciate property values in the vicinity. - 2. The change of zone and precise plan are consistent with the policies of the adopted Palm Desert General Plan and complies with standards for affordable housing high density development outlined in the proposed housing element. 3. The proposed development agreement insures compliance with Section 65951 of the California Government Code. 4. The parcel map waiver lot line adjustments comply with all applicable zoning ordinance, general plan, and public improvement requirements. 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. Precise Plan 84-13 Exhibit "A" is hereby approved subject to attached conditions; 3. Parcel Map Waivers 84-5,6,7, and 8, Exhibits B, C, D, and E, are hereby approved. 4. Approval of the Nelson Development Agreement, Exhibit "F," is i recommended to city council; 5. A Negative Declaration of Environmental Impact is hereby approved. -1- PLANNING COMMISSION RESOLUTION NO. 959 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of June, 1984, by the following vote, to wit: AYES: CRITES, DOWNS, ERWOOD, RICHARDS, WOOD NOES: NONE ABSENT: NONE ABSTAIN: NONE CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary Am -2- PLANNING COMMISSION RESOLUTION NO. 959 CONDITIONS OF APPROVAL Case No. PP 84-13 Department of Environmental Services: r ` 1. This approval is contingent upon the execution of a development agreement, specifying terms and conditions for the provision of 10 units affordable by moderate income households. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, design review and building permits. 3. The development of the property shall conform with all approved exhibits on file with the Department of Environmental Services and to all municipal, state, and federal statutes now in force or which hereafter may be in force. 4. Construction of a portion of said project shall commence within one year from the date of final approval unless a time extension is granted; otherwise said approval shall become null, void and of no effect whatsoever. 5. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District 6. Provisions for mail service shall be coordinated with the Palm Desert Branch U.S. Postal Service. 7. Location and design of trash enclosures shall be coordinated with Palm Desert Disposal Co. 8. Applicant shall pay school impact fees of $628 per unit or as determined by Desert Sands Unified School District. Department of Public Works: 9. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 10. 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. 11. 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 subdivider shall submit "as-built" plans prior T to acceptance of the subdivision improvements by the city. i 12. Landscaping maintenance on Sage Brush and Driftwood shall be provided by property owner. 13. Complete grading plans and specifications shall be submitted, as required by city ordinance, to the city engineer for checking and approval prior to issuance of any permits. -3- PLANNING COMMISSION RESOLUTION NO. 959 14. Installation of curb and gutter at 18 feet from centerline, matching paving and sidewalk on Sage Brush and Driftwood. 15. 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. 16. Only six driveway approaches will be allowed to serve this property. Size and location to public works specifications. City Fire Marshal: 17. 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 requirements will depend on built-in fire protection provisions of buildings. 18. Install Riverside County super fire hydrants located at each intersection: a. but not greater than 400 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. 19. 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. 20. Prior to issuance of a building permit, the developer shall furnish the original and three 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. 21. 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 84-13 is in accordance with the requirements prescribed by the Fire Marshal." 22. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. •23. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. -4- PLANNING COMMISSION RESOLUTION NO: 959- EXHIBIT "F" NELSON DEVELOPMENT COMPANY, INC. 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 Nelson Development Company, Inc., (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 84-13) to construct 40 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 84-13 (hereinafter "PROJECT") would be set aside for moderate income occupants subject to restrictions necessary to insure the continued occupancy of said units by moderate 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 40 rental residential units on the PROPERTY by Precise Plan 84-13 and Planning Commission Resolution No. 959 . As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent 10 units for moderate income households. Hereinafter these 10 units shall be referred to as "MODERATE AFFORDABLE UNITS." Each fourplex building within the project shall contain one moderate affordable unit. 2. As used herein, "moderate income households" shall refer to families or 7 individuals whose gross income does not exceed 100% of the Riverside/San 79 Bernardino County median income based upon financial and demographic �t 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. -I- PLANNING COMMISSION RESOLUTION NO. 959 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, one bath units, three person households; and, two bedroom, one bath units, four person households; and three bedroom, two bath units, six person households, resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. Maximum Rents Maximum Income 1 bedroom 1 bath $501 $20,062 J 2 bedroom 1 bath $564 $22,562 2 bedroom 2 bath $628 $25,100 3 bedroom 2 bath $737 $28,250 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 project. 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. 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 households. 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. This AGREEMENT shall be made part of the CC&R's for each lot of the PROJECT. The provisions hereof shall be -2- I � l PLANNING COMMISSION RESOLUTION NO. 959 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. 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. THE CITY OF PALM DESERT B e - By NELSON DEVELOPMENT COMPANY, INC. (Notarized) By ATTEST: -3- . l PLANNING COMMISSION RESOLUTION NO. 959 EXHIBIT "1" LEGAL DESCRIPTION OF PROPERTY R * p� Lots 15-18 and 23-29 of Shadow Hills Estates, MB 31/1-3 in the S.E. 1/4 of section 21, T5S, RGE, SBM. l� f 'i -4- PLANNING COMMISSION RESOLUTION NO. 959 EXHIBIT "2" HUD MEDIAN INCOME LIMITS March, 1983 PERSON IN FAMILY 2 $20,062 3 $22,562 4 $25,100 6 $28,250 -5- • its - _ __ - - ROAD 1 {_--- 9AOEBRIM ORNE ' I • � --MweNM N t91I le•HNt.MMy(hT1 !_- �/ I 1 �br�+l i �"'•"•n 1qT A.ANT NOT A.A11f 1 . I i{Y1 li � A....rw rswry.tttal aw.r•tl 1 Ir..rT .. I J 1 O _ • 1 f•M�w f.Y ItNr1 .N ryN 0N.1 Z . TAr1 ry4 MtillolfY I•FM.IM _-sts, I"1 I, SUMAWY I rn NM Au"em of Pwv* 2.2 Am O (fo•.Flog Ares for AmBLA&MOR 41.0000.1. � tM� 1 � Y0 ----- Psm"m of laod OwwaO.M Bhx%m: gm 02.820 at) � '= ;' •-Gw r . Z ONw4v Ui1C -----� _ ! j. 1 . I . flat• . i � Vrlli BQen FaoteOo Nnrber_d 1111� W1.1 ' ' � M..w•..•A•1 . tn......•n . •••• '-o. . I 1 1.202�.1. 0 m..wr•n . m..w.to m••w�••�I .i q B00 at p 3 TRIO d. to 4 We at. O 9"91. 2 M.N.••N• m Ii O $43aA 1 DFMOOODFOVE e.sdtwt.wrtNa..w.tw.+nutrl CITY Cr t we8j. O TOW f F I�pr :n ff V Ptt>oo"d Off-.b»d Pw" Ol eOso.. 42 e00000A•N OA 30"0 C°.:���r:',:�ris•r al c;r• i a Rno►ed OB-Nee1 PeMFo: Oo eoeoeo (2eoeoeMrO [G: :i'.�';.'.:Ff:1:.;L Pormt ped lertd.ddv far'row sh: 1011NB.170at) ! U : J PLM NELSON DEVELOPMENT CO ........•..N.N,..............N. • • • COE�H PALM DESERT, CA. nmw-un twaw PLANNING COMMISSIO, cSOLUTION NO. 959 ' L6 Y 8 N.a•az'oo'w. G• S•la'yy � IIO.00' Ra IDZ Ie' o t• Io.61' o PARCEL A. °a r• 3.11' _ ND•oY 00'W. Z7 W 6•14.0610• c PARCEL I $ c R• Ie�.Ie'— PARCEL j ,; o L• so. _ 2!j m r• za•Z1 z1 in p 7 m n NI10.o00z'oo"w ciao='__ = 3 VR7W 911101CATION 'a r, Q PCR INOT.• O It RECORAEO a $ PARCEL 2 Q Z 6 Cry or I I PALM DESER1r SCALLI I•aSd of N.0•02.00'W. CRVIR011YOR1L SERVICES r711161T A1W DEDICATION NO.�.— pam War. It— "= ¢9CoRDEo Po4TIoN 0/ LO•r-19 4 Loft21.29{21 00 SµAOOW 1.C.GSAU5M ORIVG µ"S LSTATES ,MID 61/P6 0910TW000 DRIVE 413 N(a2.011,o25102119J0 Lot Nos. Street name A.P. Nos. ADJUSTMENT PLAT - City of Palm Desert Prepared bvt'- Applicant: Approved bv: Charles Haver and Aaaoe. NfELSQN OMMLOPMIENT CD. 7e. 390 Rvy. 111 Pals Oaa.rr. Ca. 92260 I440I M16LIKEN AVE. 01raetor Of ►U611e Worke (619) 766-748t IRVINE,CA. 12714 ACE No. 29460 Chad.e J. Hay.r RCE 95U7 (714) cap-GAO 4 0ara: ... f(►19) 349• lolls Dale: r PLANNING COMMISSION ,.cSOLUTION-NO. 959 K o•ao'al'e no.oa' Y PARCEL 4 N b Z).4 g N.O.OY 00•W. 0.00' W PARCEL 3 c * £5 Q 0 8 n m O 'a 3 =o � +uw OmcIu110N PCR INDT. D Q RDd:O1RODA d0\ PARCEL 1 N.o•az•oe•w. PARCEL 4• '� ilo.ao' . KO•aa•aC W. I10.4Y' KO.02.00"W. 9 .y KD'1.3D'm•6. I.m' �3 G I 94W CADIC4,now piR INeT• • IVW ODOIGAT70N 0F PrA PALM OESWT SCALE: I•rRD'� � QIYIRONaiQ77AL 7lil'/ICES I na pmrram 00 txT is 4 LaTD z4 zs, xa z1 as 6"Claw sAGtanusw ORIv6 oU•w •we—ozs,oxcazt,are uaie DDTATIM, MO TE11•'J ptlfTw000 ORlve Lot Nos. Street name A.P. Nos. ADJUSTMENT PLAT - City of Palm Desert Prepared byt' Aoclicant: ADOtoved bv: d3E Neer aad Aaeea. NBLtON OCVELCPML4T CO. 7M390 Red. 111 1 16461 MILLIKEN AVE. 01reater of WOlio Mort• aee raga Orc, CA. 91360 (419) 344-7681 IRVINE, CA. d12114 RCE No. 20466 DeAaa 3. p,~ RC! 9503 (114) 64a-0404 0su: l6dS1 349. 1066 Dale: PLANNING COMMISSION .r(ESOLUTION NO. 959 - ra ' •O° • � ue. A• IT•1e'se' p s' , a• 167.16' L• 6a:.011, •o Ta tE•3e' -_ PARCEL 4 a . Is � g w , m W - a•io'Od 46' PARCEL D a-110• r v sons' 17 T•13.47• � WI as a. 41.00•46' a a a• So'O0. r3 0 L,• Se.14' 0 T• 11.40' C c• 4a•oda ' PARCEL 2 a q a. so.ao• L r 31.11' i Ta 20.1 1, A•a6.00'00' a•SO.Od a ;•, 4 �• L+31.Zf y T•ie.11 MEDICATION PER Rrzomato ,'� E6'• oa a 2 43.ad M.a-aY ae vA s . a al 0 o a PARCEL I A a CITY or PALM DESERT OF711I ll SC.aLL: I'•00' UM1101111eWAL 1fr.70• SMICKS 4LO-Ox!Ow .W. Z— ko. cm latiICLt: LOTS 15.Iq,17 4 IS Ola SNAOOW WILLS ESTATES , MG 31/1•5 9AGEBR1.15W DRIVE GSS162.OVi,017,OIe,O19 Lot Nos. Street name A.P. Nos. ADJUSTMENT PLAT City of Palm Desert Prepared bvx • ,Applicant: Approved by: OIa►lae tla.ar and Aaaea. 9EL•Jo14 OEVMXPMENT CO. 74-190 IDq. 111 ' r&L Dorm. Ca. 92360 IG46/ MILLIKEN AVE. Olreaf or of Poolla Work& i (6).9) 344-7661 IRVINa, CA. IZ714 RCE Me. 2SA64 I` Owalea J. xa•as RCE 9503 (114) G40•o4o4 Doee$ (4441) 346—lose Date: R PLANNING COMMISSI0i 1SOLUTION NO. 959 A• e1•n'z1• It zn.00' Lr 31.b' T. F1YY 00'31-E. 10.02' w PARCEL 2 C tl C h Z.'? I � 11.0.00'31-G p c RJ W DQ01"TION Z S 3L:$cE m•OF PER INsr. � PARCEL1 e 0 ~ DESEAr accOapEp N PARCEL 4 h o irrflpfrORtlfMTE� IfXSOrac"W. � RJw MOIC M0N P M INST. SCALE: 1•r 50' 'OaO� PORTION *P I.OT 2Dj2a OF DRIPTW000 DRIVE fi26• I42•a 24�025 SHADOW 4IL0 *STXMS Mt Syld Lot Nos. Street name A.P. Nos. ADJUSTMENT PLAT - City of Palm Desert Prepared by ' Applicant: Aooroved by Chart.. H...r and Am.. NLLJ•ON DEVELOPMENT CM • 74-390 W.Y. III Pala O.wrz, CA. 92260 16431 MILLIKEN Avg. Director of Public work* (619) 146-7481 1RVINE, CA. 12714 RCE No. 21*e9 Charles J. Havar RCE 950) (714) "0.04434 O•r•: ._ (611) 343.1055 Dal*: _a City of Palm Desert Staff Report TO: Planning Commission DATE: TUNE 5, 1984 CASE NOS: PP 84-13, PMW 84-5, 6, 7 and 8, and associated Nelson Development Agreement. REQUEST: Approval of a Precise Plan, Parcel Map Waiver, Development Agreement and Negative Declaration of Environmental Impact to allow construction of 10 fourplex buildings (40 unit) and one common pool/recreation facility on 11 existing lots totaling 2.31 acres within the R-3 and R-3 (3) zones generally located on the north side of Driftwood Drive, east of Deep Canyon Road. APPLICANT: NELSON DEVELOPMENT CO., INC. P.O. Box 1014 La Quinta, CA 92253 CHARLES HAVER do ASSOCIATES 74-390 Highway 111 Palm Desert, CA 92260 I. BACKGROUND: A. ADJACENT ZONING AND LAND USES: North: R-3/Apartments South: R-I/Single Family East: PR-6/Condominiums West: R-3 (3)/Apartments B. GENERAL PLAN LAND USE DESCRIPTION: High Density Residential 7-18 d.u./acre. C. ENVIRONMENTAL REVIEW: The project will be of similar density and design as surrounding properties. The development of the site as mitigated will not result in any significant adverse impacts on the environment. A Draft Negative Declaration of Environmental Impact has been prepared. A $628 per unit school impact fee will be assessed at the issuance of building permits. II. DESCRIPTION AND ANALYSIS: A. DENSITY: The applicant is requesting a density bonus under provisions of 65915 of the California Government Code. The current combination of R-3 and R-3 (3) zoning would allow 36 units. A density bonus of 10% is being requested to allow an additional fourplex. Since each fourplex will be sold to individual investors, one unit .in each building must be reserved and affordable for moderate income households. Moderate afordable rents shall be based upon households earning 100% of the area median as determined by HUD. - 1 - l PP 84-13, PMW 84-5,6,7, and 8 Continued June 5, 1984 Maximum rents and incomes for the moderate affordable units shall be as follows: Unit Size Maximum Rent Maximum Income 1 bedroom 1 bath $501 $20,062 2 bedroom 1 bath $564 $22,562 2 bedroom 2 bath $628 $25,100 3 bedroom 2 bath $737 $28,250 Rent and income limits shall be adjusted as new information is received from HUD. Nine of the fourplexes will include 2 three bedroom units and 2 two bedroom units. Due to the location of some overhead transmission lines, the tenth building will include 3 two bedroom units and a one bedroom unit. B. DESIGN: Architectural style and building orientation are designed to resemble a single family home. Maximum height will be 24 feet and 2 stories. Side yards will alternate between parking access and landscaped patios. Each pair of buildings will share a driveway, reducing curb cuts by 50%. Each unit will have a two car, fully enclosed garage. The lot in the center of the block will be developed with a swimming pool and cabana. Curbs, gutters, and sidewalks will be installed linking all units with the pool area. C. PARCEL MAP WAIVERS: All applicable zoning requirements are being satisfied. D. DEVELOPMENT AGREEMENT: An agreement has been prepared guaranteeing compliance with moderate affordable housing requirements. This agreement shall be recorded along with the CC&R's for the project to insure that each potential property owner is made aware of the rental restrictions. E. CONCLUSION: The project meets all zoning standards for the R-3 zone and site criteria contained within the housing and land use elements of the general plan. In addition to providing moderately priced rental units, the project will hopefully stimulate surrounding property owners to embark on their own rehabilitation efforts. F. FINDINGS: 1. The proposed project will not depreciate property or unreasonably interfere with the use or enjoyment for lawful purposes of property in the vicinity. The design and character of the development will be similar to or of higher quality than surrounding development. 2. The project complies with all design standards contained within the zoning ordinance and specifically implements the goals of the housing element of the general plan. PP 84-13, PMW 84-5,6,7, and 8 Continued June 5, 1984 3. The development will not endanger the public health, safety, or general welfare. III. RECOMMENDATION: A. Approve findings and adopt Resolution No. , approving PP 84-13 and PMW 84-5, 6, 7, and 8, subject to conditions and recommending to the city council approval of the Nelson Development Agreement. IV. ATTACHMENTS: 1. Resolutions 2. Negative Declaration of Environmental Impact 3. Legal Notice Prepared by: Reviewed and approved by: Am -3- PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, PRECISE PLAN, ASSOCIATED PARCEL MAP WAIVERS, AND DEVELOPMENT AGREEMENT TO ALLOW THE CONSTRUCTION OF 10 FOURPLEXES (40 UNITS) ON 2.31 ACRES WITHIN THE R-3 AND R-3 (3) ZONES GENERALLY LOCATED ON THE NORTH SIDE OF DRIFTWOOD DRIVE, EAST OF DEEP CANYON ROAD. CASE NO. PP 84-13, PMW 84-5,6,7 and 8 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of June, 1984, hold a duly noticed public hearing to consider a request by NELSON DEVELOPMENT COMPANY, INC., for approval of a Negative Declaration of Environmental Impact, Precise Plan, Parcel Map Waivers, and Development Agreement, to allow construction of 10 fourplexes (40 units) on 11 existing lots totaling 2.31 acres within the R-3 and R-3 (3) zones, located on the north side of Driftwood Drive, east of Deep Canyon Road. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of environmental services has determined that the project will not have a significant impact on the environment and a Negative Declaration has been prepared. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be hear, said planning commission did find the following facts to exist to justify their actions: 1. The design of the proposed use complies with the requirements of the zoning ordinance, will be compatible with surrounding uses, and will not depreciate property values in the vicinity. 2. The change of zone and precise plan are consistent with the policies of the adopted Palm Desert General Plan and complies with standards for affordable housing high density development outlined in the proposed housing element. 3. The proposed development agreement insures compliance with Section 65951 of the California Government Code. 4. The parcel map waiver lot line adjustments comply with all applicable zoning ordinance, general plan, and public improvement requirements. 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. Precise Plan 84-13 Exhibit "A" is hereby approved subject to attached conditions; 3. Parcel Map Waivers 84-5,6,7, and 8, Exhibits B, C, D, and E, are hereby approved. 4. Approval of the Nelson Development Agreement, Exhibit "F," is recommended to city council; 5. A Negative Declaration of Environmental Impact is hereby approved. -1- PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of June, 1984, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RALPH B. WOOD, Chairman ATTEST: RAMON A. DIAZ, Secretary Am -2- PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL Case No. PP 84-13 Department of Environmental Services: 1. This approval is contingent upon the execution of a development agreement, specifying terms and conditions for the provision of 10 units affordable by moderate income households. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, design review and building permits. 3. The development of the property shall conform with all approved exhibits on file with the Department of Environmental Services and to all municipal, state, and federal statutes now in force or which hereafter may be in force. 4. Construction of a portion of said project shall commence within one year from the date of final approval unless a time extension is granted; otherwise said approval shall become null, void and of no effect whatsoever. 5. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District 6. Provisions for mail service shall be coordinated with the Palm Desert Branch U.S. Postal Service. 7. Location and design of trash enclosures shall be coordinated with Palm Desert Disposal Co. 8. Applicant shall pay school impact fees of $628 per unit or as determined by Desert Sands Unified School District. Department of Public Works: 9. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 10. 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. 11. 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 subdivider shall submit "as-built" plans prior to acceptance of the subdivision improvements by the city. 12. Landscaping maintenance on Sage Brush and Driftwood shall be provided by property owner. 13. Complete grading plans and specifications shall be submitted, as required by city ordinance, to the city engineer for checking and approval prior to issuance of any permits. 14. Installation of curb and gutter at 18 feet from centerline, matching paving and sidewalk on Sage Brush and Driftwood. -3- PLANNING COMMISSION RESOLUTION NO. 15. 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. 16. Only six driveway approaches will be allowed to serve this property. Size and location to public works specifications. City Fire Marshal: 17. 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 requirements will depend on built-in fire protection provisions of buildings. 18. Install Riverside County super fire hydrants located at each intersection: a. but not greater than 400 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. 19. 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. 20. Prior to issuance of a building permit, the developer shall furnish the original and three 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. 21. 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 84-13 is in accordance with the requirements prescribed by the Fire Marshal." 22. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 23. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. -4- r ROAD ( ^ r — � sA0EBR113N ol9ve I �, �O.ac.Nd 10 CRT IOf.bwl nl•w.Ap IIT.J O.M O.I.„e laid lv..l�.... .'•/ __ -�- I j i 1 o.�r YI es.+.•n I MOT a►.11T I MOT•►MT . I ��� ed I wwaam.e..s.a llr°! O. m..r•n I , � y2I � M..b O.M/M10t 66 .Typed ee.w p.b W.id Irmo•.e.� al.a_ Q 46' b wi •_ l • -- -il I '� r SUMMARY � lasl a a+l• � 1"'e-° Net ACTeags d Panxt 2.3 AG q -I. . �r.; IOill p Gross Fba Ives 1m Al Buk*Vc 4 t.808 s.t. tj Y lawf i •—"'- •.t_,-. :1�. __ z Pwoasegs d lad Cwaso by sala:Nes: 32% (32.820 e.1.1 Z OweOrq hits: O t111 Two spare Footage WTh-W dUita e ' m..wr•n m...no'c( I 1e i p. It ..n.. Al• lu..w.•.� � j m. to' j1 1.202e.1. B 1e""�"•' ___e T - - v i 2 889 a1. 9 O 4 Lsag at. 9Lij f 8 998 al. 2 sm.l...e. C a.._...,_. 8 809 a1.813 OFWOOO MINEII.d1ulW roCer rer a..l.a.++InW 3i 'l fit= 7 1 � Tot/ 10 N P°°posed 08-abeel PS*ft 83 spaces (2 epetes/u'8 pt■3 weal) N. "' Repted OR7bee1 P■Ibq: 80 spepes (2%moeah V ram',• r o Pemeraege of iadeceptq M1r Total Ste: 48%t48.n9 aej PLM NELSON DEVELOPMENT CO w.ee w mew ■ u emwr.,u.aau PALM DESERT, CA. Mou..•wu I � � ® :o�IMRfIt7l4 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "PI NELSON DEVELOPMENT COMPANY, INC. 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 Nelson Development Company, Inc., (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 84-13) to construct 40 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 84-1 (hereinafter "PROJECT") would be set aside for moderate income occupants subject to restrictions necessary to insure the continued occupancy of said units by moderate 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 40 rental residential units on the PROPERTY by Precise Plan 84-13 and Planning Commission Resolution No. . As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent 10 units for moderate income households. Hereinafter these 10 units shall be referred to as "MODERATE AFFORDABLE UNITS." PLANNING COMMISSION RESOLUTION NO. Each fourplex building within the project shall contain one moderate affordable unit. 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 income households. One bedroom, one bath units shall be based on income figures for two person households; two bedroom, one bath units, three person households; and, two bedroom, one bath units, four person households; and three bedroom, two bath units, six person households, resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. Maximum Rents Maximum Income 1 bedroom 1 bath $501 $20,062 2 bedroom 1 bath $564 $22,562 2 bedroom 2 bath $628 $25,100 3 bedroom 2 bath $737 $28,250 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. -2- PLANNING COMMISSION RESOLUTION NO. 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 project. 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. 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 households. 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. This AGREEMENT shall be made part of the CC&R's for each lot of the PROJECT. 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- i 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. 7 of this AGREEMENT. 16. 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. -4- p--L- _z PLANNING COMMISSION RESOLUTION NO. THE CITY OF PALM DESERT By By NELSON DEVELOPMENT COMPANY, INC. (Notarized) By ATTEST: -5- PLANNING COMMISSION RESOLUTION NO. EXHIBIT "1" LEGAL DESCRIPTION OF PROPERTY Lots 15-18 and 23-29 of Shadow Hills Estates, MB 31/1-3 in the S.E. 1/4 of section 21, T55, RGE, SBM. -6- i PLANNING COMMISSION RESOLUTION NO. EXHIBIT 112n HUD MEDIAN INCOME LIMITS March, 1983 PERSON IN FAMILY 2 $20,062 3 $22,562 4 $25,100 6 $28,250 -7- 1 NEGATIVE DECLARATION (Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code)- Case No: PP 84-13 E SON DEVELOPMENT COMPANY INC.,Applicant/Project Sponsor: N > P.O. Box 1014,L La Quinta, CA 92253. Project Description/Location: Ten residential fourplexes (40 units) on 2.31 acres located on the north side of Driftwood, east of Deep Canyon Road. The director 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. ; L"t, 6 -o-p y d Al MON A. DIAZ ATE Director of Environmental Services RAD/tm I ��r!'rllw(�lC'''lE ���� �iru4 •car. "'IIIIIf�I1IlIll I��1 —��IYlcl �4.€ ; I Front • lip �( ,�• '��'� q �) � �� I Imp ��111 �� � - ���� �� ., o�illl�l_il_IIIIIIIIIIIIilllllllillllllllll_I�III =III \ v. �' �•rt-'-�i .:s�%' � � �� "� �`�'ems"' , ;z`*L- _ �: ��,,,�. k �,�\., Side Bevation NELSONPALM DESERT DEVELOPMENT • T� a - sn A Rear Elevation , 77 p M � i Side Elevation PALM DESERT NELSON DEVELOPMENT CO., INC. 0 Q CASE ti (Mitn� ®ap �1— = =7I1k0N.%J=TAL SERVICES DEPT. IYITIAL STUDY SIR01T- WAL EVALUATIO21 CHECXLIST NOTE: The availability of data necessary to address the toics listed below shall form the basis of a decision as to whethepr the application is considered complete for purposes of environmental assessment. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers, possible mitigation measures and comments are provided on attached sheets). Yes Maybe No 1 . Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements , compaction, or </ overcovering of the soil? c. Change in topography or ground surface relief features? d. The destruction ; covering, or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils , either on or off the site? 2. Air. Will the proposal result in: a. Air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? i Y.?s Maybe No 3. Water. Will the proposal result in: a-. Changes. in currents., 'or the course or 1 direction of water movements? ` . b. Changes in-absMtibn rates, drainage Patterns, or the rate and-amount of surface water runoff? c. Alterations to the course or flow of flood waters? d. Alteration of.the direction or rate of flow of ground waters? e. Change in the quantity of ground waters f 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- w ise available for public water supplies? 4 Tan P .._ t Life. Will the proposal result in: i 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, d 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? 5. Animal. Life. Will the Proposal result in: f a. Changes in the diversity of species, or { numbers of any species of animals (birds , land animals including reptiles , or insects)? b: Reduction of the numbers of any unique, ✓ rare, or endangered species of animals C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing wildlife 'habitat? I � 1 3. Yes Abe 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 a ✓ 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.deselopment of new sources of energy? 8. Risk of U set_ Does the proposal involve a risk o 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. E-anonic Loss. Will the proposai 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 accept:ed. .co=unity risk standards? _ 10. Noise. Will the proposal increase existing noise levels to the point at which accepted Co:mnunity noise and vibration levels are exceeded? li. Land Use. Will -the proposal result in the a tteration of the present developed or planned land use of an area? 12. Open Soace. Will the proposal lead to a \/ decrease in theeamount 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 h group, occupational class, household type? 4. Yes, Maybe No 14. olo ant. Will the proposal result in rd"tiona 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 dnd 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. Transoortation/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 mcvament 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 areA s 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? 1 Yes Maybe No 18. Public Fiscal Balance. Will the proposal result in a net c �ange'in government fiscal flow (revenues less operating expenditures and annualized capital expenditures)? . 19. Utilities. Will the proposal result in a ne for new systems, or alterations to the following utilities: r a. Power or natural gas? b. Communications system? ✓ C. Water? d. Sewer or septic tanks?. e. Storm water drainage? f. Solid waste and disposal? 20. Human Health. Will the proposal result in: a. The creation of any health hazard or potential health hazard? b. A change in the level of community health f 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 a. Obstruction of any scenic vista, or view open to the public? b. The creation of an aesthetically offensive site open to public view? — _ ✓ c. Lessening of the overall neighborhood (or area ) attractiveness, pleasantness, and uniqueness? 23. Li ht and Glare. Will the proposal produce r ne-w I ight or g are? 24. Archeological/Historical . Will the proposal ✓ result in an a tera n on of a significant archeological or historical site, structure, object, or building? _ �I l 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. ) r/ 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: ��"" X���u�sLn DEVELOPMENT REQUIREMENTS FOR � 3 Drainage and signalization fund fees , as required by City ordinance, shall be paid prior to recordation of the final map. Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drain- age Plan, to the specifications of the Director of Public Works. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. Full public improvements, including traffic safety lighting, as required by ordinance and the Director of Public Works shall b ins> e tailed in accordance with City standards. Improvement plans for water and sewer systems shall be approved by the respective service districts. XComplete 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 subdivider shall submit "as-built" plans prior to acceptance of the subdivision improvements by the City. All private streets shall be inspected by the engineering department and a standard inspection fee shall be paid. Landscaping maintenance on SA<oC���7l�LtS1i�Zf�kXUf> shall be provided by Existing utilities on shall be undergrounded. Traffic safety striping on shall be provided to the specifications of the Director of Public Works. A traffic control plan must be submitted to and approved by the Director of Public Works before placing pave- ment markings . XComplete grading plans and specifications shall be submitted, as required by ordi- nance, to the City Engineer for checking and approval prior to issuance of any per- mits. _ Dedication of feet of right-of-way on shall be done prior to issuance of any permits and approval of plans. /�. Installation of curb and gut, er�a(trfeet from centerline, matching paving and 1 Sidewalk ontC3� [(� �� _I sidewalk Waiver of access to except at approved locations shall be granted on the final map. Close unused driveway with full heighth curb and gutter. Offsite improvement plans to be approved by Public Works Department and a surety posted to guarantee the required offsite improvements prior ( ) (building permits being issued) . Full improvement of interior streets based on (60 residential ) (private)(industrial ) street standards. Installation of one-half landscaped median in or cash payment for one-half the cost of landscaped median at Lhe_option of the Director of Public_ Works. Traffic analysis to be prepared for the project. If traffic signal (s) are warranted, the developer shall install them (and be reimbursed by City for % of cost). Installation of sewers to serve this project. 'mill-e-r�'li'n _ V eNla3/-S B U G S . Only __& driveway approach(es) will be allowed to serve this property. Size and location to Public Works specifications. No (new) requirements . (Original conditions apply. ) SOUTHERN CALIFORNIAN COMPANY 3700 CENTRAL AVENUE • RIVERSIDE, CALIFORNIA MAILING ADDRESS: P. O. BOX 2200, RIVERSIDE, CALIFORNIA 92516-2200 May 1 , 1984 Nearest Location of Gas Main: In Driftwood Drive adjacent to proposed development City of Palm Desert nt3 ( a � �1 45-275 Prickly Pear Lane LT4LFJ`;� � 41. Palm Desert, CA 92260 MAY - 3 1994 ATTN: Ramon A. Diaz ENVIRONMENTAL SERVICES RE: Case No. Precise Plan 84-13 CITY OF PALM DESERT f 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 . R. W. Ridde 1 Distributi n Planning Supervisor RWR:mac 1 NATEq ESTABLISHED IN 1916 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 11158•COACHELLA,CALIFORNIA 92236•TELEPHONE(619)398-2651 DIRECTORS OFFICERS RAYMOND R.RUMMONDS,PRESIDENT LOWELL O.WEEKS,GENERAL MANAGER-CHIEF ENGINEER TELLIS CODEKAS,VICE PRESIDENT BERNARDIN E SUTTON,SECRETARY JOHN P.POW ELL REDWINE AND SHERRILL,ATTORNEYS PAUL W.NICHOLS April 30, 1984 STEVE D.BUXTON j� File: 0163.11 0421. 1 � r �I t 0721. 1 1964 Department of Environmental Services ENVIRONMENTAL SERVICES City of Palm Desert CITY OF PALM DESERT Post Office Box 1977 Palm Desert, California 92261 Gentlemen: Subject: Precise Plan 84-13, Portion of SE%, Section 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. This area shall be annexed to Improvement District Nos. 54 and 80 of Coachella Valley Water District for sanitation service. 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 General Manager-Chief Engineer CS:ra cc: Riverside County Department of Public Health, Indio TRUE CONSERVATION USE WATER WISELY SOUTHERN CALIFORNIA ,, gaS COMPANY 3700 CENTRAL AVENUE • RIVERSIDE, CALIFORNIA MAILING ADDRESS: P. O. BOX 2200. RIVERSIDE, CALIFORNIA 92516-2200 May 1 , 1984 Nearest Location of Gas Main: In Driftwood Drive adjacent to proposed development City of Palm Desert 45-275 Prickly Pear Lane fl �� E' �� C �" Palm Desert, CA 92260 V ATTN: Ramon A. Diaz MAY - 3 1984 RE: Case No. Precise Plan 84-13 ENVIRONMENTAL SERVICES CITY OF PALM DESERT 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 . tc� R. W. Ridde l Distributi n Planning Supervisor RWR:mac 1 \ Y PRECISE PLAN APPLICATION N.. — TO THE CITY OF PALM DESERT PLANNING COMMISSION: APPLICANT'S NAME: Nelson Development Co . Inc . owner, purchaser, lessee, representative APPLICANT'S ADDRESS: P . 0 . Box 1014 La Ouinta, CA APPLICANT'S PHONE: 345-1 055 PROJECT COORDINATOR: David A . Nelson PHONE: The applicant, Nelson Development Co . Inc for the property situated at Driftwood Drive on property zoned as R3 , being legally described on the attached form. APPLICANT'S SIGNATURE: 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. (Signature) (bate) Please print name here) Ad res tfCiiy STATE OF CALIFORNIA, County of ?/ Lam' S;�Gb�, On /,J 198V before me, the undersigned a Notary Public in and for the State California with principal office in the CpMntIy-of personally appeared DENISIE WILLIAMSON NOTARY PUBLIC-CALIFORNIA known to me to be the person whose name F'RINCIPALOFFICEIN �S subscribed t0 RIVFRSIDECOUNTY 6My CamNaian EIIPlres Nw.23,la the within Instrument, and acknowledged to me that 17 executed the same. WITNESS my hand an fficial seal. r 1 n Signature of Notary: Notary Public in and for the State of California 625-224-006 625-224-007 625-224-008, 009. , Leniham, P Lax C T Howard, C H Eta[ 74-596 Candlewood St 74-614 Candlewood St 74-622 Candlewood St Palm Desert CA 92260 Palm Desert CA 92260 Palm Desert CA 92260 625-224-013 625-224-013,014,015 625-430-001 38099 Schoolcraft Walbridge A - Rakolta J Sr Leonard, C W Eta[ Livonia MI 48150 38099 Schoolcraft P O Box 1227 Livonia MI 48150 Palm Desert, CA 92260 625-224-01.3 625-224-013, 014, 015 625-430-002 74-654 Candlewood St Walbridge A - Rakolta J Sr Smith T B Etal Palm Desert, CA 92260 74-670 Candlewood St 516 - 3rd St Palm Desert CA 92260 Manhattan Beach CA 90266 625-430-002 625-430-006 625-430-035 Smith T B Etal Deleon, J Etal Dimitriu, P Etal 45425 Driftwood Dr 45414 Driftwood Dr 4433 Gould Ave Palm Desert CA 92260 Palm Desert CA 92260 Flintridge CA 91011 625-630-003 625-430-007 625-430-035 Barth S I Etal Courtney, R E Etal Dimitriu, P Etal 1325 Wilshire Blvd 120 Fishermans Wharf 45330 Driftwood Dr Los Angeles CA 90017 Redondo Beach CA 90277 Palm Desert CA 92260 625-630-003 625--430-008 625-430-036 Barth S I Etal Stone, R B Etal Lewis, F H Etal 45422 Driftwood Dr 2128 Bordeaux 49167 Eisenhower Dr Palm Desert CA 92260 W Bloomfield MI 48033 Indio CA 92201 625-430-004 625-430-008 625-430-036 Smith S W c/o Western B Stone, R B Etal Lewis, F H Etal 1251 Westwood Blvd 45408 Driftwood Dr 45328 Driftwood Dr Los Angeles, CA 90024 Palm Desert CA 92260 Palm Desert CA 92260 625-430-004 625-430-009 625-430-037 Smith S W - c/o Western B Simon, M J Hull, J G Eta] 45420 Driftwood Dr 75259 Morningstar Dr P O Box 656 Palm Desert CA 92260 Indian Wells CA 92260 Hermosa Beach CA 90254 625-430-005 625-430-009 625-430-037 Bell D Simon, M J Hull, J G Etal 110 Glendon Ave #1833 45406 Driftwood Dr 45326 Driftwood Dr Los Angeles CA 90024 Palm Desert CA 92260 Palm Desert CA 92260 625-430-005 625-430-010 625-430-038 Bell D Laruffa, A P B W Space Products 45416 Driftwood Dr P O Box 3190 17441 Osborne St Palm Desert CA 92260 Manhattan Beach CA 90266 Northridge CA 91325 625-430-006 625-430-010 625-430-038 Deleon, J Eta[ Laruffa, A P B W Space Products 8366 S Boer Ave 45404 Driftwood Dr 45324 Driftwood Dr Whittier CA 90606 Palm Desert CA 92260 Palm Desert, CA 92260 625-192-008 625-192-009 625-192-009 Barrett, J C - Barrett A Jackson, L R Eta] Jackson, L R Etal 1755 Ridge Rd 73465 Tamarisk 45506 Deep Canyon Rd Palm Sprgs CA 92262 Palm Desert CA 92260 Palm Desert CA 92260 625-360-001 625-360-002 625-360-003 Reynolds J A Eta] Trippeer, L C Etal Clarizio, F Etal 7545 Katella Ave. 5339 Oceanvw Blvd 2025 Willester Ave Stanton CA 90608 La Canada Ca 91011 San Jose CA 95124 625-360-001 625-360-002 625-360-003 Reynolds J A Etal Trippeer, L C Etal Clarizio, F Etal 45301 Deep Canyon #1 45301 Deep Canyon #2 45301 Deep Canyon #3 Palm Desert CA 92260 Palm Desert CA 92260 Palm Desert CA 92260 625-360-004 625-360-005 625-360-006 Decanio, D L Ohalloran, B J Etal Peters, E R Jr Etal 344 - 26th St 789 Saxony Rd 7940 Weatherly Hermosa Beach CA 90254 Encinitas CA 92024 La Mesa CA 92041 625-360-004 625-360-005 625-360-006 Decanio, D L Ohalloran, B J Etal Peters, E R Jr Etal 45301 Deep Canyon #4 45301 Deep Canyon #5 45301 Deep Canyon #6 Palm Desert CA 92260 Palm Desert CA 92260 Palm Desert CA 92260 625-360-007 625-360-008 625-360-009 Gayle, S D Etal Gross, L B Etal/TR Dixon J T 73087 Somera Rd 412 Crown Rd 545 College Dr Palm Desert CA 92260 Kentfield CA 94904 Powell WY 82435 625-360-007 625-360-008 625-360-009 Gayle, S D Etal Gross, L B Etal/TR Dixon J T 45301 Deep Canyon #7 45301 Deep Canyon #8 45301 Deep Canyon #9 Palm Desert CA 92260 Palm Desert CA 92260 Palm Desert CA 92260 625-360-010 625-360-011 625-360-012 Marlett, D L Brown, L G Kobal, A L Etal 3200 W La Rotunda Dr #318 282 Heathcliff PI 4433 Elder Ave Rancho Palos Verde CA Brea CA 92621 Seal Beach CA 90740 625-360-010 625-360-011 625-360-012 Marlett, D L Brown, L G Kobal, A L Eta] 45301 Deep Canyon #10 45301 Deep Canyon #11 45301 Deep Canyon #12 Palm Desert CA 92260 Palm Desert CA 92260 Palm Desert CA 92260 625-360-014 625-360-015 625-360-016 Amann, R Etal Wienecke, E R Etal Mello, E M Etal P O Box 602 5123 Neptune Sq 13245 B F A way Orangevale, CA 95662 Oxnard CA 93030 Marina Del Rey CA 90291 625-360-014 625-360-015 625-360-016 Amann, R Etal Wienecke, E R Etal Mello, E M Etal 45301 Deep Canyon #14 45301 Deep Canyon #15 45301 Deep Canyon #16 Palm Desert CA 92260 Palm Desert CA 92260 Palm Desert CA 92260 625-430-039 625-430-040,041 625-430-040,041 Stephenson, J L Eta] Security Pacific Bk Security Pacific Bk 2623 Cypress Pt Dr 45316 & 45318 Driftwood Dr. P O Box 2097, TA 10 115 Fullerton CA 92633 Palm Desert CA 92260 Los Angeles CA 90051 625-430-039 625-430-042 625-430-042 Stephenson, J L Etal Curtis, D Eta[ Curtis, D Eta[ 45320 Driftwood Dr 5891 Via Corona 45314 Driftwood Dr Palm Desert CA 92260 Huntington Beach CA 92647 Palm Desert CA 92260 625-430-043 625-430-044 625-430-045 Eastern Off Rd Jaastad, M Etal Security Pacific B, 45312 Driftwood Dr 45310 Driftwood Dr 310 Vista De] Mar Ste A Palm Desert CA 92260 Palm Desert CA 92260 Redondo Beach CA 625-430-045 625-430-046 625-430-047 Security Pacific Bk Sulser, J M Etal Security Pacific Bk 45306 Driftwood Dr 45304 Driftwood Dr c/o Ann Cornell Palm Desert CA 92260 Palm Desert CA 92260 P O Box 2097 TA 10 115 Los Angeles CA 90051 625-430-047 625-430-048 625-430-048 Security Pacific Bk Garris, S Garris, S c/o Ann Cornell 18880 Wis]hire Blvd #2010 45300 Driftwood Dr 45302 Driftwood Dr Los Angeles CA 90024 Palm Desert CA 92260 Palm Desert CA 92260 625-430-049 625-430-049 625-430-050 Mcauley, P B Mcauley, P B Meza, R L Etal 1501 Sepu]eveda Blvd 45340 Driftwood Dr 1256 E Willow St Manhattan Beach CA 90026 Palm Desert CA 92260 Anaheim CA 92805 625-430-050 625-430-051 625-430-051 Meza, R L Etal Mancour, D Mancour, D 45432 Driftwood Dr Box 232 45434 Driftwood Dr Palm Desert CA 92260 Glenbrook NV 89413 Palm Desert CA 92260 625-430-052 625-430-052 625-430-53 Moore, O J Jr Moore Osca J Jr Dougherty, J W Eta] 1828 Western Ave 45436 Driftwood Dr 1212 W 162nd St Los Angeles, CA 90006 Palm Desert CA 92260 Gardena CA 90247 625-430-053 625-430-054 625-430-054 Dougherty, J W Etal Conklin, J O Eta[ Conklin, J O Eta[ 45374 Driftwood Dr 6412 Ringo Cir 45372 Driftwood Dr Palm Desert CA 92260 Huntington Beach CA 92647 Palm Desert CA 92260 625-430-055 625-430-055 625-430-056 Hallstein, R S Etal Hallstein, R S Etal Carbone, J L Etal P O Box 2953 45370 Driftwood Dr 45368 Driftwood Dr Seal Beach, CA 90740 Palm Desert CA 92260 Palm Desert CA 92260 625-430-057,058 625-430-059 625-430-060 Mountain Villas Owners Assn Van Huisen Walters Dev Co JDF Financial Corp Etal P O Box 1356 3508 Highland Ave P O Box 151 Palm Desert CA 92260 Manhattan Beach CA 90266 Palm Desert CA 92261 625-143-015 625-162-033 625-163-007 G. Johnson - M. Hennes Paxton W C Etal/Lse Johnson, M J 72-728 Beavertail St. P O Box 879 P O Box 124 Palm Desert CA 92260 Palm Desert CA 92261 Cathedral City CA 92234 625-143-016 625-162-034 625-163-007 Dowsing, N . E. Thorson, M E Etal Johnson M J 27178 Eastville Rd 3757 State St 74-549 Driftwood Dr Rolling Hills CA 90274 Santa Barbara CA 93105 Palm Desert CA 92260 625-143-017 625-162-034 625-163-008 Windt, F N Eta] Thorson, M E Etal Shroyer, F Eta[ 48-880 Desert Flower Dr 45-278 Deep Canyon Rd 362 Coral Vw Palm Desert CA 92260 Palm Desert CA 92260 Monterey Pk CA 91754 625-145-006 625-142-035 625-163-008 Vandelden, V N Russie D E Eta[ - Russcom Prop Shroyer, F Eta] 77-760 Seminole Rd 74-399 Hwy 111 - #F 74-533 Driftwood Dr Indian Wells CA 92260 Palm Desert CA 92260 Palm Desert CA 92260 625-161-007,006 625-163-001 625-163-009 and 625-244-001 Chiang Su Ching Chew Barrow, J H Eta] Sabo, K B Eta[ Skyco S 74-639 Driftwood Dr 3620 Long Beach Blvd 4FA2 635 S. Wremland Palm Desert CA 92260 Long Beach CA Covina CA 91723 625-161-010 625-163-002 625-163-009 and 625-244-001 Non, R J Etal Butterfield, R W Etal Sabo, K B Etal P OBox 2626 74-621 Driftwood Dr 74-521 Driftwood Dr Mission Viejo CA 92690 Palm Desert CA 92260 Rancho Mirage CA 92270 625-161-013 625-163-003 625-224-002 So CA Edison Co - C S Miller, J G Eta[ Porras, E E Etal Reenders A 74-613 Driftwood Dr 74-536 Candlewood St P O Box 800 Palm Desert CA 92260 Palm Desert CA 92260 Rosemead CA 91770 625-162-016,017,018,019,022,023 625-163-004 625-224-003 Russie D. - Russcom Prop Sheffer A R Flatt, C. B. Etal 74-399 Hwy 111 - #F 638 Laura Wy 74-550 Candlewood Dr Palm Desert CA 92260 Paso Robles CA 93446 Palm Desert CA 92260 625-162-024,025,026,027,028,029 625-163-004 625-224-004 Russie, D - Russcom Prop 030 Sheffer A R Eltinge, J B 74-399 Hwy 111 - #F 74595 Driftwood Dr 2055 Mound St Palm Desert CA 92260 Rancho Mirage CA 92270 Los Angeles CA 90068 625-162-031, 032 625-163-005 625-224-004 Pregles D J Etal Radin T Eltinge, J B 4437 Placidia 485 W Milwaukee 679H 74-564 Candlewood St Toluca Lake CA 91602 Detroit MI 48202 Palm Desert CA 92260 625-162-031, 032 625-163-005 625-224-005 Pregles D J Etal Radin T Stender, H S 74-546 Driftwood Dr 74-563 Driftwood Dr 74-584 Candlewood St Palm Desert CA 92260 Palm Desert CA 92260 Palm Desert CA 92260 625-360-017 625-360-018 625-360-019 Deitch, H Schlig, S G Etal Clark, K A 826 So Los Angeles St 11129 Garfield Ave P O Box 2074 Los Angeles CA 90014 Culver City CA 90230 Palm Desert CA 92261 625-360-017 625-360-018 625-360-019 Deitch, H Schlig, S G Etal Clark, K A 45301 Deep Canyon #17 45301 Deep Canyon #18 45301 Deep Canyon #19 Palm Desert CA 92260 Palm Desert CA 92260 Palm Desert CA. 92260 625-360-020 625-360-020 625-360-024 Brady, R J Brady, R J Home Business Development Cor 5707 Seashore Dr 45301 Deep Canyon Dr 45301 Deep Canyon Dr #24 Newport Beach CA 92663 Palm Desert CA 92260 Palm Desert CA 92260 625-360-021 625-360-022 625-360-023 Stone, P B Etal Kendig, E H Munk, C Etal 417 Sunridge 1124 San Julian Dr 2502 Sunset Playa Del Rey CA 90291 Lake San Marcos CA 92069 Bellville, KA 66935 625-360-021 625-360-022 625-360-023 Stone, P B Etal Kendig, E H Munk, C Etal 45301 Deep Canyon #21 45301 Deep Canyon #22 45301 Deep Canyon #23 Palm Desert CA 92260 Palm Desert CA 92260 Palm Desert CA 92260 018 o1s S 2 NE _. &N/'� "SEC '2/ r 5 S. R. 6E. 'Ol8-056 0/8-066 I ry 1 1 l - - i tf /00 a a r 9 � � \ ,�s9 • vI �- . 1.6/4ct PI - I c I IVWM/ /Of S o B O27 z O � J ° 0 \o a s -{ 1 I 0 76 e ,�..sr \17 d 28 \ 37 �. I , > Od tf IOLO NR NEM so O f / •S.lt f �5 g \ J n �3 20Er3 ' a° 9 29 ai,/ NP•s /J-Pa ? "v O y /9 O9 09 m i. l Z�36 m w" h 4 �I 5 eiu l .r_l.e s ua.z! f r.Ro/Ae• \ /OO4 e 4 v \.' q se a I OO y O " otx• Q ALe /O w DR/FTWOOO 1 E R q /5 a "v /4L//� OO.ON ' OOSAc .. .! a . r Tt ) 0/1 /2 0 /4 a ® ;B o r m S s Z n /2 O /43 . Q • i O.O,Ac• We Ac• s° 32 _ 33 34 917 ex. 5 v O ^ 0 O.P/Ac• P "TAY � o E d �n le 9f PDF J T77JR K � So 1 f 0 M.B. 42/52-53 Tact 2230 , M.B. 23/22-23Pcnoramo Ranch M.B_ 39/ /2 Palm Desert Estates NO 3 MB_ 32/ru Pa/m Desert Estates DATA R/S 45159 32168 ASSESSOR'S MAP 9K.625 P6. m RIVERS/DE COUNTY, cAL/F. ae JUL Y 1967 � rh[f 1 Jo i♦zcs' `.° hOz r r + ABROMIA TRAIL O1 /f.ft I:II. ys'oz Ia➢I Rr/J d - O � j1 zr a.� 0 (Vtl � - O p� = ?r zf e � O o O � ° N - •.� 10-1 16 e n \ Y a h 0 O u \ Z j4b y O � ,V o c n low � r •V //// O ♦ s "4 ci hi yJ .:/ • O o •' .�, }. � .lug • O _ (� � O N zz ��e M ` �µ 1 � rr� s♦f r♦ AL!'! : .``,d w �V 0 �w•1 y 3o Oo a 4,'1, 1tA r.. e DEEP CAAfYON DR.. ^, i;� F c := Z$S/ 3Nnl, :4/7YO `AI)VnOO 3471s8/34AV tZ SZ97/9. dw s,,hwS3$Sv Y /-F98// ON POJI 09'6L/LO/S {V £//£ ww r. Of/ PI OM T ... � /6 x'� V. �• ��Foigl v{ [Y9G '_ i 'S:sl _ t'3[ °t '. 1 -4 /0/ . z0/ « rof f0/ &Oi ; 90/ LO/ 801 60/ OH /// Z// O ° 06 O r r a • � ZZZ o E�=r/ z/ /; O J O O ® o O i BB L8 9B 98 b8 F9 Z8 /8 08 61Go 8L LL Y 9L ' LZCi � - ecs., :a :• G� ll .:-e. :,.fie e's� es� ue 33�J1 bf3dd3d ' ° O u ►:z vv 04 fte ztF-ONM] 'ON or/ r O iL w FL lL /L OL 69 8..9 L9 99 99 09 F9 e9 /9 y 09 �E�r 77 sl ' °ol sjv ezO 09 69 89 L9 99 99 019 F9 ON ° /9 ° V woo — vrBS +EBB 5'77 133tJ1S ; sr'e's 70Nd7• ,Sc o7 7.05 o6HN 0 V 107 Al r�G61 go/ ® ® � B 77 b - Zb Fb //.� PA. 9b 90 Lb 8b 60 o° OS p L 9 9 b £ Z 0 i�ZZ a2 og ` 3'N3 Su BE Bc i9 aB rs • V• 1 1 � 1 ° r__ 39,8 'S51 /Z At7 ilk 9S' / 9OBi /O8/ •d O 1 ZG — JqZ9 r /d , i rrnrr _ W/6MM4Y l/t -, Ndfa DI'4o••P N89 35"oc"E Qf Q� 260-08' � 4 7 V I , mm Ii 379Ac t Cp� v` • , [at J I r O _- -- -- - - --'...- -- -- Tk..A 1829 ' ` t�j - - 7-RA.Zz /80/ Zt V r� VJ t 3.46Ac x r tb +. ..1 Ge 02 y 9• 5g '50"d, d e N$f'Yfba••e - 40 t` .09Ac 2 L° " 29 _ 4/ y4 33 - 4342 �° c 4 y4 `2r 26 I v' 44 y4 ; o t� a• 2Lr®, 37 _ 36 `•°` 35 g' y23 q o Tl� H..460W y' 45 y2i ro . 46 I � 474 57 5 u x O Bp 5 4L, s �. LhI a 53 e� 0.72Ac •4 49 r I c y 50' ��. # «, A ;• L ' � ` � 52 20 M P. l4IFTrWOOD y i° // 12� to , 8 /2 13 ` lo YiB 7 /4 Qb H o. �" c� /4 b� -, 4 . /V*VO t�B" O'E GOI.76' tiffs Y H'rMI�Itt. r I I T t Igt V\) ' 4Jx��<3,"aXr ^� `,�yw` ✓ � ��.�`�`' �i.—a.__...y L.1 _w_J.__�I 'l._�1 A ST,A 7'E HWY. +- 'sr r• a ; . 14M' err o rtj vl e II VJ iV Z: A � I n � ! � I �'• I i r t ih " AVIE 4 1 Pi I •n 1 \ i t CY)ey ,r Zw I .Y N yk .,'.t a ♦1im 1 i i I �\ '140 14ty,4 . S ROAD SAGEBRUSH DRIVE {� Dedicated to city for street widening (typ.) - i r� I Guest Parking 9'X20' (typ.) i NOT A PART NOT A PART 0 t z 1 Z . Areas to be landscaped (typ.) U i I W (L ► Trash areas 5'x8' (typ.) Private patio (typ.) W . I W Typical garage parking 201x20' Private deck 2.5' Cm 3 ! p Pr xu. • f a f � e tz 3 x 1 i.c } SUMMARY _ M a Net Acreageof Parcel: 2.3 Ac. -� M n. �M Gross Floor Area •for All Buildings: 41 , 08 s.f. •a v Percentage of Land Coverage by Structures : 32% (32,520 s.f.) 30 Dwelling Units: - tv_ pm I' Unit Type Square Footage Number of Units LIS zj 1 1 ,202 s.f• 9 typo 2 889 s.f. 9 2 , 3 1 ,216 s.f. 9 � _ 4 .� _ _ _ �.:: �. _� _ _ _. 9 .f. _ s ..., y : 96 s.f. 2 Private patio 5 9S.f. 1 Qedicated to City for street widening (typ.) 6 843 j DRIFTWOOD DRIVE 7 609 s.f. 1 _ .4 ,err, Total 40 I .. Proposed Off-street Parking: 83 -s ces 2 s aces/unit lus 3 oast M oEsERT. ( p p 9 ) i OF PAL ,�. • crr�r . DEPARTMENT OF ��MENTAL$Em� Required Off-street Parking : 80 spaces (2spaces/unit) [] C.C.RES.NQ.....•----- � A Percentage of Landscaping for Total Site: 46% (46,779 s.f.) ° gT" A P N fs11A11•COMMENCE wfl� OOM R or tills AMROVAL. i w x= NELSON DEVELOPMENT COMPANY 0 10 20 40 80 48800 SAN ISIDRO - � LA QUINTA, CA. 92253 and POartrlers _ PO.BOX 1014 (MAILING ADDRESS) CORM, YAMA" & MR71"NERS (619)3 4 5- 10 5 5 AF3CFFMCTUW_/PLA S � t 7992 N II Soukh, &.oe 20Q kvm, Ca 92714 Phone (714) 660-0970 a