The URL can be used to link to this page

Home My WebLink AboutPP 84-20 3-UNIT APARTMENTS/CANDLEWOOD STREET 1985 PRIG:(:I,)E PLAN-" TENTATIVE TRACT ZONE CHANGE PARCEL MAP VALIANCE U.U.I . _,._ ' REFER TO: /Z 821-/f APPLICANT' 6�,_ol)444N - C/�D�N�va�� LOCATION REQUEST EXISTING ZONE: PREPARATION PROGRESS DATE -BY COMMENTS APPL ICATION RECEIVED P./ LEGAL PUBLICATION SENT NOTICES SENT FIELD INVESTIGATION, DEPTS. NOTIFIED BUILDING PJ ENGINEERING v' FIRE POLICE RECREATION & PARKS SCHOOL DISTRICT DIVISION OF HIGHWAYS FLOOD CONTROL PRELIMINARY MEETING !� 1234_Lao STAFF REPORT FINAL PLAN APPROVAL PRECISE PLAN (6) LANDSCAPING PLAN (5) PLAN. DIRECTOR MOD. (6) HEARINGS & ACTIONS _ T DATE ACTION VOTE REVIEW BOARD HEARING PC. HEARING PUBLISHED PC. PUBLIC HEARING APPLICANT NOTIFIED C.C. PUBLIC HEARING ORDINANCE NO. RESOLUTION NO. EFFECTIVE DATE RECORDED FOR DATA- BANK ZONING MAP CORRECTED 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (619) 346-0611 April 17, 1985 Mr. Frank Goodman 77-900 Avenue of the States Palm Desert, California 92260 Dear Ms-.-6eedman. 6'�' At its regular meeting of December 27, 1984, the Palm Desert City Council adopted Ordinance No. 408, approving a precise plan of design and develop- ment agreement relating to terms and conditions for the management of a three unit apartment project containing three units affordable by moderate income households. Enclosed for your records is a fully executed copy of the aforementioned ordinance which was recorded by the County .of Riverside, No. 65320, on March 29, 1985. If you have any questions or require any additional information relative to this ordinance, please do not hesitate to contact us. Sincerely, SHEILA R. GILLIGAN CITY CLERIC SRG:mpf Enclosure (as noted) cc: +'Department of Environmental Services WHEN RECORDED, MAIL TO: CITY CLfRK'S OFFICE CITY OF PAIM DESERT 0 73-510 FRED WARING DRIVEL px w! PALM DESERT, CA 92260 V< v Q t,jrdfl-VM BEHFIT OF THE CITY OF .PALM DESERT f:10 FES ` n •610& OF THE G0VT. COD)Z �p 8 c �4T m EAC -fDOCUMENTTO WHICH THISCERTIFICATEI b U< ATTACHED,ISCERTIFIED TC'BEA FULL.TRUEAND cc CORRECT i"OPYOFTHE ORIGINAL ON FILEAND ON RECORD IN MY OFFICE. Dom: 3 a1 gS SHEILA R. GILLIGAN, City Cletn ::.y City of Palm DNict;CNlibmia FOR T..-. _..' L 1i:.'. CITY v. l:': 6103 u GO`IT. CODE f9 4 GC ORDINANCE NO. 408 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN AND DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE MANAGEMENT OF A THREE UNIT APARTMENT PROJECT CONTAINING THREE UNITS AFFORDABLE BY MODERATE INCOME HOUSEHOLDS. Case No. PP 84-20 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of December, 1984, hold a duly noticed public hearing to consider a request by FRANK GOODMAN for approval of a development agreement specifying terms and conditions for the managerncnt of a !? unit apartment project containing three "moderate affordable" units to be developed under the density bonus provisions of Section 65915 of the California State Government Code, located on Candlewood Street at Shadow Mountain Drive; and WHEREAS, the planning commission, by Resolution No. 997 has recommended denial; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89," in that the director of environmental services has determined the project is categorically exempt; and 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 v, 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 the Goodman Development Agreement labeled in Exhibit "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 by the City Council of the City of Palm Desert, California, held on this 27th day of December, 1984, by the following vote, to wit: AYES: BENSON, JACKSON, KELLY, WILSON, AND SNYDER NOES: NONE ABSENT: NONE ABSTAIN: NONE /I 11 WALTER H. SNYDER, Ma r A TEST: SHEILA R. G IGAN, Ci lerk City of Palm Desert, C 1' rnia /tm C ORDINANCE NO. 408 IO H c9 tip EXHIBIT "A" FRANK GOODMAN AFFORDABLE HOUSING AGREEMENT 1985 This agreement, made as of this 25thday of March , IM between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Frank Goodman & Associates, (hereinafter "DEVELOPER") provides: Recitals City of owner of certain real property located within the C y DEVELOPER is Y 1. � � 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 84-20) to construct an additional three 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 84-20 (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 an additional three rental residential units on the PROPERTY by Precise Plan PP 84-20. As a condition of said approvals DEVELOPER is required, and hereby agrees, to reserve for rent three units for moderate income senior citizen households. Hereinafter these three units shall be referred to as "MODERATE AFFORDABLE UNITS". ORDINANCE NO. 408 0 2. As used herein, senior citizen "moderate income households" shall refer to P2 C7 L7 families or individuals whose gross income does not exceed 100% of the C.7 Riverside County/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 o agencies,data is made available by other officially recognized the applicant may request amendment of this agreement to include such data. To qualify as a senior citizen the individual(s) must be at least 62 years of age -similar to that of the other units in adjoining complex. 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; resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. ".ax. Rents Max. Income 1 bedroom 1 bath $501 $20,062 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 senior citizen 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. ORDINANCE NO. 408 6. The DEVELOPER shall maintain the quality of the buildings, grounds and O � recreation facilities consistent with their condition at the time of issuance of unj certificate of occupancy. The DEVELOPER shall post a $2500 bond or other satisfactory security assuring the performance of any work the CITY feels is necessary to meet this requirement in a form satisfactory to the CITY. 7. The term of this AGREEMENT shall run for thirty years during which period ten (10) aforementioned senior citizen 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 senior citizen MODERATE AFFORDABLE UNITS for moderate income households throughout the remaining term of the AGREEMENT. 8. The provisions of this AGREEMENT shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. 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 shall revert to S.I. C ORDINANCE NO. 408 c7 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. FRANK GOODMAN THE CITY OF PALM DESERT BY rB (Notarized) By ATTEST: j. i if✓ic / I STATE OF CALIFORNIA lss. a COUNTY OFF ii-D a n On I I I ffiZ-C 0 1n before me,the undersigned.a Notary Public in and for g said State,personally appeared E a LLQ personally known to me or proved to me on the basis of sells- factory evidence)to be the person(s)whose name(s)is/are sub- OFFICIAL SEALCl ,I 3 N scribed to the within instrument and acknowledged to m9 that MARY P. FRAZIER c (� NOTARY PUBLIC—CALIFORNIA he/she/they executed the same. NOTARY BOND FAED IN WITNESS my hand and official seal. RIVERSIDE COUNTY My Commission Expires June 6. 1999 Signatur� _ (This area for official notarial seal) . ORDINANCE NO. 408 O EXHIBIT "1" tip LEGAL DESCRIPTION OF PROPERTY Property described in the Riverside County Tax Assessors rolls as: Map Book 625, Page 132, Lots 035 and 046. Map Book 625, Page 171, Lot 001. EXHIBIT "2" l HUD MEDIAN INCOME LIMITS March 1993 PERSON IN FAMILY 2 $20,062 C L 7 I 1 f i C, t -a MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 20, 1984 D. Case Nos. PP 84-44 and PMW 84-16 - WILLIAM SPENCER, Applicant Request for approval of a precise plan of design, negative declaration of environmental impact, and parcel map waiver to consolidate the site into one lot to allow construction of an eight unit apartment project (utilizing 25% density bonus allowed by state law) in the R-2 zone located on the north side of Santa Rosa Way, 200 feet west of San Pascual. Mr. Diaz reviewed the salient points of the staff report. Chairman Crites opened the public testimony and asked the applicant to address the commission. MR. BILL SPENCER, Palm Desert, explained his proposal. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this project. Hearing none, Chairman Crites closed the public testimony. Action: Moved by Commissioner Downs, seconded by Commissioner Wood, to approve the findings as presented by staff. Carried 3-0-1 (Commissioner Richards abstained.) Moved by Commissioner Downs, seconded by Commissioner Wood, to adopt Planning Commission Resolution No. 1010, approving PP 84-44 and PMW 84-16. Carried 3-0-1 (Commissioner Richards abstained.) E. Case No. PP 84-45 - COACHELLA VALLEY TV, Applicant Request for approval of a Negative Declaration of Environmental Impact and a precise plan of design to allow construction of a 20,650 square foot industrial/administration building on 2.92 acres in the S.I./S.P. (service industrial district with a scenic preservation overlay) zone located on the west side of Cook Street, approximately 650 feet north of 42nd Street. Mr. Diaz explained the staff report and recommended approval. Chairman Crites opened the public testimony and asked the applicant to address the commission. MR. JOHN OUTCAULT, architect, asked for and received clarification on several conditions. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this project. Hearing none, the public testimony was closed. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, to approve the findings as presented by staff. Carried 4-0. Moved by Commissioner Richards, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 1011, approving PP 84-45, subject to conditions. Carried 4-0. VIll. MISCELLANEOUS ITEMS A. PP 84-20, FRANK GOODMAN, Applicant A. (EP�8:4-:2 Request for review of the development agreement for property located on the north side of Candlewood, 150 feet east of Portola Avenue. -5- MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 20, 1984 Mr. Diaz explained that this item was returned for comment by the city council. Commissioner Richards felt that granting dispensation after a project had already been developed was setting a bad precedent. Commissioner Wood felt that since the request was so small that it was acceptable. Chairman Crites agreed with Commissioner Richards regarding setting a bad precedent. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, approving Planning Commission Resolution No. 1012, stating that it would be a dangerous precedent to set. Carried 3-1 (Commissioner Wood voted nay.) B. Case No. TT 19503 - GEORGE FOX, Applicant City Council referal of request for approval of a development agreement and an amendment to a tentative tract map for 58 lots for 97 acres within the HPR, D zone located west of the Palm Valley Storm Channel, north of the Palm Desert Community Center. Mr. Diaz explained that this agreement was referred back to the commission for action. He also presented a proposed amendment in the form of a letter from the applicant that would identify one lot (lot 30) in the phase II areas. Chairman Crites expressed concern regarding the split tract map and asked if option 4 was legitimate and if #2 and #3 would be guaranteed. Mr. Diaz explained that the applicant was allowed 16. Chairman Crites asked if the commission had to give the applicant 16 units. Mr. Diaz replied yes. Chairman Crites suggested that #4 include "the applicant concentrate development on less visible lower slopes." Commissioner Wood indicated that phase I is on the lower slopes. Action: Moved by Commissioner Wood, seconded by Commissioner Richards, to approve the development agreement with the understanding that additional units in the phase II area may be precluded if applicant could not demonstrate that said units could be developed in compliance with the city's hillside regulations. MR. ALAN PERRIER, 3001 Tacquitz McCallum, indicated that he felt that the city had the protection it heeded. He suggested amending the resubmitted agreement to incorporate the changes suggested, with the proposed revisions. Mr. Diaz felt that with the proposed revisions the city was receiving an acceptable safe guard. Mr. Perrier indicated that units located in phase II that were not acceptable would be lost, not relocated in phase I. Moved by Commissioner Wood, seconded by Commissioner Richards, that the 29 units that would be permitted as part of option 4 calculations might have to be located in the phase I area. If they could not be developed within the hillside regulations then the applicant would have the option of giving up said units or placing them in the phase I area. Carried 4-0. IX. ORAL COMMUNICATIONS NONE. -6- City of Palm Desert Staff Report TO: Planning Commission DATE: November 20, 1984 CASE NO: PP 84-20 REQUEST/ DISCUSSION: Approval of a precise plan of design to allow the addition of three affordable apartment units to existing project at 74-000 Candlewood Street with a development agreement. The council reviewed this matter at their November 8 meeting and instructed staff to bring the matter back before the commission to review the development agreement, the agreement will be presented at the meeting. APPLICANT: MR. FRANK GOODMAN 77-900 Avenue of the States Palm Desert, CA 92260 Prepared by: :fif - Reviewed and Approved By: Am - 1 - City of Palm Desert Staff Report TO: Planning Commission DATE: September 18, 1984 - Continued from September 4, 1984 CASE NO: PP 84-20 REQUEST: Approval of a precise plan of design to allow construction of a three unit apartment structure in a R-3 zone located on the north side of Candlewood, 150 feet east of Portola and a development agreement pertaining to the utilization of state mandated density bonuses. APPLICANT: FRANK GOODMAN 77-900 Avenue of the States Palm Desert, CA 92260 I. BACKGROUND: A. ADJACENT ZONING AND LAND USE: NORTH: R-3/Apartments SOUTH: P/Church EAST: R-3-3/Apartments WEST: P/Library B. GENERAL PLAN DESIGNATION: High Density Residential. II. DISCUSSION: The subject property falls under the jurisdiction of the Palm Desert Property Owners Association and has received that body's preliminary approval. The site plan has been drawn so that the parking will be located on the east side of the property with the units on the west side closest to the library. This type of configuration on one hand brings the parking to the wrong side of the lot in terms of adjacent uses (library parking lot versus residences), but on the other hand, creates a safer traffic situation for egress onto this curving section of Candlewood or what could be called Shadow Mountain Drive, in this area. The applicant's submitted site plan also presents the most aesthetically pleasing view one can receive from Portola Avenue. The single story structures are 13 feet in height, while the project meets code requirements in all respects, such as minimum d.u. size and parking requirements. The site was previously included as part of the acreage for the Candlewood Apartment and now is eligible for development utilizing the state mandated 25% density bonus. This would be the first apartment complex in the city adding units due to the state bonus program. III. ANALYSIS: A. FINDINGS FOR PRECISE PLAN: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. Justification: The use is attractive and acceptable from a design aspect and compatible with other uses existing in the vicinity. - 1 - PP 84-20 CONTINUED 2. The plan lan will not unreasonably interfere with the use or P enjoyment of property in the vicinity by the occupants thereof for lawful purposes. Justification: Surrounding land to the north, east, south, and/or west, and in the vicinity is zoned for the same type of use as proposed and owners would not be deprived the use of their land, nor would they be negatively impacted by traffic or structures. 3. The precise plan will not endanger the public peace, health, safety, or general welfare. Justification: The project is designed in a manner that will not endanger the public peace, health, safety, or general welfare due to compliance with existing code requirements. IV. RECOMMENDATION: Adopt findings and Resolution No. , recommending approval of PP 84- 20 and the development agreement. V. ATTACHMENTS: A. Resolution B. Legal Notice C. Plans and Exhibits Prepared by: Reviewed and Approved By: 14 Am - 2 - PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN TO ALLOW CONSTRUCTION OF A THREE UNIT APARTMENT STRUCTURE ON THE NORTH SIDE OF CANDLEWOOD, 150 FEET EAST OF PORTOLA, ALSO DESCRIBED AS APN 625-171-001. CASE NO. PP 84-20 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of September, 1984, hold a duly noticed public hearing to consider the request of FRANK GOODMAN for above listed project. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-8911, in that the director of environmental services has determined that the project is a Class 3 categorical exemption for CEQA purposes. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, of all interested persons desiring to be heard, said commission did find the following facts and reasons to exist to justify the granting of said precise plan of design: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That approval of Precise Plan 84-20 is hereby granted for reasons subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of September, 1984, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary AM -1- PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. PP 84-20 Department of Environmental Services: 1. The .development of the property shall conform substantially with exhibits on file with the department of environmental services, as modified by the following conditions. 2. The development of the property described herein shall be subject to the restrictions and limitations set forth herein in addition to all municipal ordinances and state and federal statutes now in force or which hereafter may be in force. 3. Construction of a portion of said project shall commence within one year from the date of approval unless an extension of time is granted; otherwise said approval shall become null and void and of no effect whatsoever. 4. Prior to the 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 Final Palm Desert Property Owners' Association Evidence of said permits or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. Department of Public Works: 5. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 6. Landscaping maintenance on Shadow Mountain Drive/Candlewood shall be•provided by the owners. 7. Complete grading plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval prior to issuance of any permits. 8. Size, number, and location of driveways to public works specifications. 9. Only one driveway approach will be allowed to serve this property. Size and location to public works specifications. 10. Execute 'Future Improvement Agreement' for sidewalk installation. -2- August 10, 1984 CITY OF PALM DESERT LEGAL NOTICE Case No. PP 84-20 NOTICE 15 HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by FRANK GOODMAN to allow construction of a three unit apartment complex on the north side of Candlewood, 150 feet east of Portola Avenue. J •, ( Il —� , 5., . . n : C-!I, IS.R C•I. C-),S.R C-1 W I -I I GA C P C LEh R•320.000( R-3� d94Ep A FFL 0. R-1 C'1 R-3(3) c ", .4) R-3 . 20,000 (3) P :�al�'W V 'AE R-3 3 R-3 .13,000 (3) „ Ewooc. s*pEtr ' R-1 12,000 R-1 P R-3 f31 e ra,.w K ' i R-1 12 00 R-1 c` " • ^ * N E F * " P.R.-T R - 1 R-I -�-� ((C.U.P.03 73 H P n4o<E .J s ��=o E_ \cam R - 1 tr l7� R-I. . "L.. . R-1 . S• R-3 (4) R-I••101000• R-1• I0;000 :q, ..�� OLD00 / L FF0 - I Pr,000 SAID Public Hearing will be held on September 4, 1984, at 7:00 p.m., in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Desert Post August 24, 1984 Am Donna Barkdull 'sGOLD �i9L/i! UE-3E!?T PGN�vtiivl Co�ihssie.r/ �UO UUTY of Pismo Beach PISMO BEACH1390 Price St. 9 3449 ?LQfi ��L�y/ �,fyJ�j,.�•� y�!-L2lt1-t... , o�//_�C. Gf /. . - ice (805) 773-4617 J. 'a r J✓CASINS ee O CASTLES IFOI.I INE MOUNTAINS TO IIIE SEA P I Z A y i ��z cam-- �� • -� y`�`--- �"�-� �-��'` �� 5ranZ R. !good`nan and Amociate3 August 29, 1984 City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 Reference: Request to add 3 units to existing 26 unit Candlewood Apartments 74-000 Shadow Mountain Dr. Palm Desert Gentlemen: Because the existing 26 units are under a FHA Section 8 program, wherein the tenant pays a maximum 25% of their income for rental , the herein request qualifies for the State Mandated 25% density bonus . Therefore we request that we be allowed to add the subject 3 Units (10. 3% - 3 of 29) to our already existing 26 units at,..the Candlewood Apartments, under the ordinance. Respectfully submitted, Frank Goodman Par r XECUTIVE OFFICES: 77-900 AVENUE OF THE STATES PALM DESERT, CALIFORNIA 92260 PHONE: (714) 345-262E i MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 1984 Vill. PUBLIC HEARINGS A. Continued Case No. 84-20 .)FRANK GOODMAN, Applicant Request for approval of a precise plan of design to allow construction of a three unit apartment structure in a R-3 zone located on the north side of Candiewood, 150 feet east of Portola and a development agreement pertaining to the utilization of state mandated density bonuses. Mr. Diaz reviewed the actions of the commission at its previous meeting and the staff report and recommended denial. Chairman Crites opened the public testimony and asked the applicant to address the commission. MR. FRANK GOODMAN, 77-900 Avenue of the States, explained that he was asking for only three units. He requested that the commission override the staff recommendation. He indicated that if it were approved, it would still be presented to city council for approval. Mr. Diaz explained that the commission had no legal obligation to grant the density bonus requested by the applicant. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. Hearing none, Chairman Crites closed the public testimony. Commissioner Wood indicated that he attended a staff meeting with the city council and that he would like some direction from council in writing and felt each project should be evaluated on an individual basis. Action: — It was moved by Commissioner Wood to approve the project, but the motion died due to a lack of a second. Moved by Commissioner Richards, seconded by Commissioner Downs, to direct staff to prepare a resolution of denial to be presented at the meeting of October 2, 1984. Carried 3-1 (Commissioner Wood voting nay.) B. Continued Case No. TT 19503 - GEORGE FOX, Applicant Request for approval of a 58 lot Tentative Tract Map and Negative Declaration of Environmental Impact for 97 acres within the HPR,D zone located west of the Palm Valley Storm Channel, north of the Palm Desert Community Center. Mr. Diaz reviewed the proposed project and previous discussions of the commission regarding proposed project. Staff had unresolved questions regarding the renotice for a public hearing, and concern about compliance of the development with the objectives of the hillside overlay. Staff also expressed concern about necessary assurances to protect the city. Mr. Diaz indicated that approval would give the applicant a vested right and the city needs something more definitive before taking such action. Chairman Crites asked the city attorney if the following statement would help alleviate the concern of vested rights: "This agreement is not made to establish a vested interest by the applicant in Phase I or Phase II." Mr. Doug Phillips, city attorney, indicated that it would go a step toward alleviating those concerns. Commissioner Richards indicated that burden of proof lies with the city on whether the applicant should develop the 29 lots in Phase II. -2- PLANNING COMMISSION MEETING 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: September 4, 1984 FRANK GOODMAN AND ASSOCIATES - 77-900 Avenue of the States Palm Desert, CA 92260 _ Qt Re: PP 84-20 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of September 4, 1984. Continued to September 18, 1984 at 2:00 p.m. Any appeal of the above action may be made in writing to the director of environmental services, City of Palm D ert, within fifteen (15) days of the date of the decision. RAMON A. DIAZ, SECRETARY PLANNING COMMISSION RAD/tm cc: File(s) PLANNING COMMISSION MEETING r 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (619) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: September 20, 1984 MR. FRANK GOODMAN 77-900 Avenue of the States Palm Desert, CA 92260 Re: PP 84-20 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of September 18, 1984. COMMISSION DIRECTED STAFF TO PREPARE A RESOLUTION OF DENIAL TO BE PRESENTED ON OCTOBER 2, 1984. 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. '�(C.�:ti', ems!/�I• `�'.�v' a RAMON A. DIAZ, SECT ARY PLANNING COMMISSION RAD/tgm cc: File(s) _ PROOF OF PUOCATION This space is for : :ounty Clerk's Filing Stamp (2015.5 C.C.P.) d r m tt 1 J x -= 1= STATE OF CALIFORNIA, - CD County of Riverside " 0 CJ o - -n Tt -7 1 am a citizen of the United States and a rTTV_ QF' PA TT P.Sq P,RT resident of the County aforesaid; I am over 111 the age of eighteen years, and not a party to Proof of Publication of or interested in the above-entitled matter. am the principal clerk of the printer of the Case No. PP 84-20 ................P.�rSPRT--POST ................. .......................................................... Paste Clipping ..................... ......................... ..... of Notice a newspaper of general circulation, printed SECURELY and published .....$ kl .i--weex In This Space - n the City of ..P.a1m..DaS.ezt----„---,,,, CITY OF PALM DESERT County of Riverside, and which news- LEOALNOTICE has been adjudged a newspaper Case No.PP GIVE paper 1 9NOTICE IS HEREBY GIVEN that of general circulation by the Superior Public Hearing will be held belore the Palm Dawn Planning Com, Court of the County of Riverside, State of mission to constlar a request by FRANK GOODMAN to .allow construction of a three wal spin- California, under the date of..l9/S, 1984 mom complex on Me north sides .. CarMkwuod. 150_loft.:east of Ponola Avenue. 1 Case Number .....8A65A...; that the notice, SAO Public Hear"will be he"on 1111 September a,19B4.at 7,00 p- m.. of which the annexed is a printed co (set the.Council chamber At thisP.9 P PY Desert Coo Center, 7&510 Fred in type not smaller than nonpareil), has Waring Drive, Palm Dean, California,al which time and place i been published in each regular and entire 1 all interested!Powns areirMted to issue of said an newspaper and not in attend end be heard. Y RAMONA.DIAZ. supplement thereof on the following dates, t Fe1 oreun to-wit: Planning Commisabn 8/24 (Pub.D.P.Aug.2 ......... l1984) 1 all in the year 19--88. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at..,,,,,P�i,lm„Des.e..r..t ................ California, this....2.4...day of....Aug 19 84 ... .-.. net, e Free copies of this blank arm may be secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 West Second St., Los Angeles, Calif. 90012 Telephone: (213) 625-2541 Please request GENERAL Proof of Publication \ when orderinq this term. City of Palm Desert Staff Report TO: Planning Commission DATE: September 18, 1984 CASE NO: ` PP 84-20 ' REQUEST: Approval of a precise plan of design to allow construction of a three unit apartment structure in a R-3 zone located on the north side of Candlewood, 150 feet east of Portola and a development agreement pertaining to the utilization of state mandated density bonuses. APPLICANT: FRANK GOODMAN 77-900 Avenue of the States Palm Desert, CA 92260 I. DISCUSSION: Staff has discussed the issue of the 10% density bonus request with the city attorney. The city attorney has concluded that because the proposal: 1) pertains to a presently developed project; and 2) other financial incentives have been secured by the developer, that the city does not have a legal obligation to grant a 10% density bonus. H. RECOMMENDATION: Based on city council directives, staff recommends denial. 4k6N A. DIAZ DIRECTOR OF ENVIRONM TAL SERVICES RAD/tm - 1 - 1 -e� es Z506,1?�Oe 7al 3 7Ce, y , ® . Z� 2�jet ft .� i RO.f FIC COLLISION RL'POR T—Pro a crt f P Onl -- UriviR01 b_Iff r•,nvflyd IN inR•,IuPd pnrfy llral J•:Juf1Tr l,�drrT�ty ° 'iv wl Er„ �I„»ILT <pLLLIpN eLLYRwae OR: ," In T.»,Y<,Ipn wlTn °1p I �A T .� 'ice.)✓�/'.:1.ri. %fn; D•c. LH o. -ARTY ---- ------ - - nL^n/�lV IpDLN VJ. <ITr <pD[ pw w ..A • ��uIM cp. _ rveRTn A. LI<an.. NYM.[w •T-,. r� 7y078 I❑V aH v[wcLe Y wne/Mpou uceNSQ Nu.l»cR aTwre �-N�u`c'""- " zq;LlfflV4 e1Cr<. COLO» w TIOn O oR/ACROa] aT»eeT OR HiCHW❑ ° ^ PoTQ TM6w Vl r` ❑ /`�ti 7 if wS A/ f —� wwwYr ^ •rwv,woo L[,Lw aTl •rven» V-i '�L pr -• LL/nXJIZ /�7 �cTSC . Fr 3 y #J <IT, ' . •p. DL,5lo.7S� I L�SrF�RYcM.!'» f �N„Q� ;wYf I�HywGr°/Ts Q ene n N �L r<. -T- swi r];L IEnW pH p H T ,r ra.<.LLANQpp. . . . TO -p,o. —�o.,r ^Err cT »/]' L an. Ma ^ppRc as •wpnc rvu m,.Lw f DROP. ^Ir[ ♦QOwC is O^m^ELp.w O•.»Tv '. PRIMARY COLLISION FACTOR RIEMT Of WAY CONTROL I 3 TV1.4 OF V[M ICIC 1 MOVEML.YT YRECCOING A VC a.C,ION VIOL wTIOH. w C r • w f•NC LU OIi COLLISION B C N<TiOrvirvE 9,nT.0»wwE ON� O ORiviNGCIc. C R ...IcR O C rl<Lr/S» C p O TYPE OF COLLISION O O O WCATHCR A I x • N •ANCL T.uC. E D CLOu o, C F TRUCK OR TRUCK Y"ACTO. G —Cl C D op T uCH Tw^CTOR H O w/Tw wlLrw�]� p E C P H SC rrOwL n P oTna w. G p/• _ H H en¢». Il c rL I TnT m —111C I'll xl» LIGHTING Icww wr CorvaT»u CTIOH L n •n lATa 0-111 A O MOTOR VEHICLE IH.OLVEO WITH fwVIIM L NI I 4T»I•p n fD E w H I .. - C - A —iH r »],wn[T LIEHT C exiLLa. -.11TIiwnLIR"'.n.T p� a oN o.rlL - O_E_u___ _6 pww»-. HICLa w OTHER ASSoCIAT@O ACTOR ROADWAY SURFACCa P. FS)A G A VC ]eC,rOry VIOLwirON._•Ia LO u» B VC ]•.CVIO1 VIOLATION. ETY-pRV G�PH VSIC AL O •Clm �— Im •) ITC , ROADWAY CONDITIONS Y OTH[w 0.16CT: E VI]ION Ou]CUlra ml Nr]. A - ..I I' Leap ]I A �e ,... e ^L o" IwCTIDN _ _.G ArvVrq,.o�'',• __`_. __ _ w, Iss— Iry L w`6 w C j g H _ _F_ r_ _.. M O,Nrx ! .rill• _ -- - _�LIAj 555.03 (Rev 5 801 Linn-+,^.r•v rue-c J M)I' V4 u//IS G�/j ON ei9vp�c�vaJ/� LcF! T//� c'n/JlPriA� .ST.C�iki�'G 77%E �yiAit,aoX /!T 7S/o7tS CN.�/OCcuJcbD U� CON//NGJ�j /�y,�,uy,� /�fb ��/�✓w,9,PFA . pt c C�9.c%e�!EL�2YJ F�y S At V� wiry E.vau�// Fa�cF TPjF}ei «S� 1✓ � Tv 'ST�i�:E v-3 A.vy y 3 ro 2p�?ie5 ✓ 3 &/0#e/ W45CE Gyi2 Im lUoTi D !✓�1., / Gr✓i 'ti ✓�' 5 ///r� EAsT OFT1/e cihT Iftza✓;;674✓ of L/,157 V ✓�>Du�i7?Iiti y e .s�.r� yr��ox yrr uo rH n� T/f- tO�r/f xi;,4 c 4Y r �F rA vQ E�.ic92b D-✓ FFT TAE .C'D/jOWdy ./241e TO ON THG fW—OE D- ti ORDINANCE NO. EXHIBIT "A" FRANK GOODMAN 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 Frank Goodman do Associates, (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 84-20) to construct an additional three 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 84-20 (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 an additional three rental residential units on the PROPERTY by Precise Plan PP 84-20. As a condition of said approvals DEVELOPER is required, and hereby agrees, to reserve for rent three units for moderate income senior citizen households. Hereinafter these three units shall be referred to as "MODERATE AFFORDABLE UNITS'. ORDINANCE NO. 2. As used herein, senior citizen "moderate income households" shall refer to families or individuals whose gross income does not exceed 100% of the Riverside County/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. To qualify as a senior citizen the individual(s) must be at least 62 years of age -similar to that of the other units in adjoining complex. 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; resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. Max. Rents Max. Income 1 bedroom 1 bath $501 $20,062 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 senior citizen 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. ORDINANCE NO. 6. The DEVELOPER shall maintain the quality of the buildings, grounds and recreation facilities consistent with their condition at the time of issuance of certificate of occupancy. The DEVELOPER shall post a $2500 bond or other satisfactory security assuring the performance of any work the CITY feels is necessary to meet this requirement in a form satisfactory to the CITY. 7. The term of this AGREEMENT shall run for thirty years during which period ten (10) aforementioned senior citizen 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 senior citizen MODERATE AFFORDABLE UNITS for moderate income households throughout the remaining term of the AGREEMENT. 8. The provisions of this AGREEMENT shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. 9. This AGREEMENT shall be reviewed by e th cityplanning commission every 6 P f; 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 shall revert to S.I. ORDINANCE NO. 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. S 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. FRANK GOODMAN THE CITY OF PALM DESERT By By (Notarized) By ATTEST: ORDINANCE NO. EXHIBIT "1" LEGAL DESCRIPTION OF PROPERTY Property described in the Riverside County Tax Assessors rolls as: Map Book 625, Page 132, Lots 035 and 046. Map Book 625, Page 171, Lot 001. EXHIBIT 112" HUD MEDIAN INCOME LIMITS March 1983 PERSON IN FAMILY 2 $20,062 r. CITY OF PALM DESERT r TRANSMITTAL LETTER TO: Honorable Mayor and City Council REQUEST: Appeal of a planning commission decision to deny a precise plan of design and a development agreement utilizing density bonuses pertaining to a request to add three units to an existing apartment complex located on the northside of Candlewood, 150 feet east of Portola Avenue. APPLICANT dr APPELLANT: FRANK GOODMAN 77-900 Avenue of the States Palm Desert, CA 92260 CASE NO: PP 84-20 DATE: November 8, 1984 CONTENTS: A. Staff Recommendation B. Discussion C. Draft Resolution No. D. Planning Commission Minutes Involving Case No. PP 84-20. E. Planning Commission Resolution No. 997. F. Planning Commission Staff Report Dated October 2, 1984. G. Related Maps and/or Exhibits ----------------------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Adopt Resolution No. denying an appeal of a planning commission denial of Precise Plan 84-20. B. DISCUSSION: The planning commission denied this request since the existing 26 unit apartment complex currently receives government financial incentives, thereby eliminating the need of the city to provide extra incentives such as density bonuses. RESOLUTION NO. M A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A PRECISE PLAN OF DESIGN AND DEVELOPMENT AGREEMENT WHICH WOULD ALLOW THE ADDITION OF THREE UNITS TO AN EXISTING COMPLEX ON THE NORTH SIDE OF CANDLEWOOD STREET, 150 FEET EAST OF PORTOLA IN A R-3 ZONE. Case No. PP 84-20 WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of November, 1984, hold a duly noticed public hearing to consider a request by FRANK GOODMAN for the above mentioned matter; and WHEREAS, the applicant filed a request with the Palm Desert Planning Commission for a 10% density bonus to provide three housing units for moderate income persons as provided for in Section 65915 of the State Planning Act; and WHEREAS, the planning commission by Resolution No. 997 has recommended denial; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments if any, of all interested persons desiring to be heard, the following findings were made: 1. The project under consideration is not encompassed by Section 65915 in that: a. The proposal is part of an existing project; b. The existing project is already receiving financial subsidy under a federal housing program. 2. The city, as a result of the findings stated above, is not legally obligated to provide any type of housing incentives per Section 65915 of the California Government Code. 3. The City of Palm Desert has met its low and moderate income housing objectives without providing greater density benefits than and requested by the State of California. - - 4. The Palm Desert City Council has repeatedly indicated its policy to effectuate a housing program consistent with city goals and state law and the granting of density bonuses beyond those requirements of state law is inconsistent with that objective. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the council in this case; 2. That PP 84-20 is hereby denied. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this _ day of , 1984, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: WALTER H. SNYDER, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California Am October 19, 1984 CITY OF PALM DESERT LEGAL NOTICE Case No. PP 84-20 NOTICE I5 HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider an appeal by FRANK GOODMAN of a planning commission decision to deny a precise plan of design and development agreement relating to construction of a three unit apartment structure utilizing state mandated density bonuses on the north side of Candlewood 150 feet east of Portola. J [i ].r. 1 1 —• 1, O Y. I 'll—� , �.I . V C-:1, ,S.R r, S• P LIE] C•I,S.P. C-I T -I C -I P C. I c� ; R 3 20,000( a A : R 3 : a c . R-1 C I R-3(3) o ` , 4) R 3' 20,000 (3) pl�,ei s�� R 3 R=3 .131000 (3) : . E - 00C sra < < ` R-I 12,000 R-I L`R•3 LL < �^ 3 R•1 12 00 R•I ,. , : a C f a R P.R .-7 R-I (C.(I.P.03-73 ,J P a,..c... s, R. IL�r—os—E Pf. 1 i� R - I ft-I A R r R sNR-3 (4) R-1••IO,0OQ•. -R-I • 10;000 ,a a. R-1- 16,000 000 ' R_ I4. ` IC,000 SAID Public Hearing will be held on November 8, 1984, at 7:00 p.m. in the Council Chamber in the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Desert Post October 26, 1984 Am 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: October 4, 1984 FRANK GOODMAN 77-900 Avenue of the States Palm Desert, CA 92260 Re: PP 84-20 f The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of October 2, 1984. COMMISSION DENIED PP 84-20 BY ADOPTION OF RESOLUTION NO. 997. Any appeal of the above action may be made in writing to the director of environmental services, City of Palm De ert, within fifteen (15) days of the date of the decision. RAMON A. DIAZ, SECRETARY PLANNING COMMISSION RAD/tgm cc: File(s) City of Palm Desert Staff Report TO: Planning Commission DATE: October 2, 1984 CASE NO: PP 84-20 REQUEST: Approval of a precise plan of design to allow construction of a three unit apartment structure in a R-3 zone located on the north side of Candlewood, 150 feet east of Portola and a development agreement pertaining to the utilization of state mandated density bonuses. APPLICANT: FRANK GOODMAN 77-900 Avenue of the States Palm Desert, CA 92260 I. DISCUSSION: A resolution of denial will be presented at the meeting. Prepared by: /tm - 1 - MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 1984 VIII. PUBLIC HEARINGS A. Continued ase No. 84-20 RANK GOODMAN, Applicant Request for approval of a precise plan of design to allow construction of a three unit apartment structure in a R-3 zone located on the north side of Candlewood, 150 feet east of Portola and a development agreement pertaining to the utilization of state mandated density bonuses. Mr. Diaz reviewed the actions of the commission at its previous meeting and the staff report and recommended denial. Chairman Crites opened the public testimony and asked the applicant to address the commission. MR. FRANK GOODMAN, 77-900 Avenue of the States, explained that he was asking for only three units. He requested that the commission override the staff recommendation. He indicated that if it were approved, it would still be presented to city council for approval. Mr. Diaz explained that the commission had no legal obligation to grant the density bonus requested by the applicant. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. Hearing none, Chairman Crites closed the public testimony. Commissioner Wood indicated that he attended a staff meeting with the city council and that he would like some direction from council in writing and felt each project should be evaluated on an individual basis. Action: It was moved by Commissioner Wood to approve the project, but the motion died due to a lack of a second. Moved by Commissioner Richards, seconded by Commissioner Downs, to direct staff to prepare a resolution of denial to be presented at -the meeting of October 2, 1984. Carried 3-1 (Commissioner Wood voting nay.) B. Continued Case No. TT 19503 - GEORGE FOX, Applicant Request for approval of a 58 lot Tentative Tract Map and Negative Declaration of Environmental Impact for 97 acres within the HPR,D zone located west of the Palm Valley Storm Channel, north of the Palm Desert Community Center. Mr. Diaz reviewed the proposed project and previous discussions of the commission regarding proposed project. Staff had unresolved questions regarding the renotice for a public hearing, and concern about compliance of the development with the objectives of the hillside overlay. Staff also expressed concern about necessary assurances to protect the city. Mr. Diaz indicated that approval would give the applicant a vested right and the city needs something more definitive before taking such action. Chairman Crites asked the city attorney if the following statement would help alleviate the concern of vested rights: "This agreement is not made to establish a vested interest by the applicant in Phase I or Phase II." Mr. Doug Phillips, city attorney, indicated that it would go a step toward alleviating those concerns. Commissioner Richards indicated that burden of proof lies with the city on whether the applicant should develop the 29 lots in Phase II. -2- PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A REQUEST FOR CONSTRUCTION OF A THREE UNIT APARTMENT STRUCTURE IN A R-3 ZONE LOCATED ON THE NORTH SIDE OF CANDLEWOOD, 150 FEET EAST OF PORTOLA AND A DEVELOPMENT AGREEMENT PERTAINING TO THE UTILIZATION OF STATE MANDATED DENSITY BONUSES. CASE NO. PP 84-20 WHEREAS, the applicant filed a request with the Palm Desert Planning Commission for a 10% density bonus to provide three housing units for moderate income persons as provided for in Section 65915 of the State Planning Act; and WHEREAS, a duly noticed public hearing was held before the Palm Desert Planning Commission on September 18, 1984, and continued public hearing on October 2, 1984, to consider said request; WHEREAS, as a result of said hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring, to be heard, the following findings were made: 1. The project under consideration is not encompassed by Section 65915 in that: a. The proposal is part of an existing project; b. The existing project is already receiving financial subsidy under a federal housing program. 2. The city, as a result of the findings stated above, is not legally obligated to provide any type of housing incentives per Section 65915 of the California Government Code. 3. The City of Palm Desert has met its low and moderate income housing objectives without providing greater density benefits than and requested by the State of California. 4. The Palm Desert City Council has repeatedly indicated its policy to effectuate a housing program consistent with city goals and state law and the granting of density bonuses beyond those requirements of state law is inconsistent with that objective. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That PP 84-20 is hereby denied. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 2nd day of October, 1984, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary Am -1- CITY OF PALM DESERT P. O. BOX 1977 PALM DESERT, CALIFORNIA 92261 APPLICATION TO APPEAL DECISION OF THE Planning Commission TO THE City Council ON CASE NO. 84-20 Frank R. Goodman Name of Appellant 77-900 Avenue of the States Palm Desert 345-2626 Address Phone Appealing decision of (date of meeting) Se t. 18 1984 1tR8 regarding application of (if same as Appellant, write "Same") Same for (description of application) Approval of a precise plan to allow construction of three (3) apa-tmant unitsRequires a 10% denci tv hnnua to a presently developed auAlifiad Tow and Moderate Honcing Prn4gr+ , Reasons for Appeal: Because of it ' s deRirahility tn the rities low & mderate housing The prpc;ent 26 units hAva existed sli—assfully for 5 vears have been operated and maintaineA in a manner t-n he Credit to the city wii-hout an)z financial aid from the City The City Attorney has stated that the council is not obligated to grant this request, FOR OFFICE USE OLYhowever the council may do so should they so desire. Date Appeal filed: 15 A Fee Received: Public Hearing set for: Signatu Appellant Fr R. Goodman Director of Environmental Services D : q-24—Ra cc: Appellant Department of Environmental Services File a +r t : • ,r # a r t +r � +r r t � * s s w a +, • # * t � * + * * t +� (Complete and distribute after Public Hearing) COUNCIL ACTION cc: Appellant Dept./Environmental Services City Clerk Date: U g y,a o PP RT-a(m�n�� 4- 3 October 1984 c'.r OCT 5 1984 ENVIRONMENTAL SERVICES TO: Ray Diaz CITY OF PALM DESERT- City of Palm Desert FROM: David J. Erwin City Attorney RE: Government Code Section 65915 Density Bonuses Frank R. Goodman & Associates 74-000 Shadow Mountain Drive Palm Desert Ray, I have reviewed the Government Code Section as well as the Attorney General ' s opinion which has interpreted the same. It appears to me that the request in this particular instance may be discretionary with the City Council in light of the existing project on a portion of the property. Were this project that had not yet been developed, I believe that it would have been mandatory. I ' ll be happy to discuss this with you at your convenience. Y truly, avid J. Erwin DJE: imc City of Palm Desert Staff Report TO: Planning Commission DATE: September 18, 1984 CASE NO: PP 84-20 REQUEST: Approval of a precise plan of design to allow construction of a three unit apartment structure in a R-3 zone located on the north side of Candlewood, 150 feet east of Portola and a development agreement pertaining to the utilization of state mandated density bonuses. APPLICANT: FRANK GOODMAN 77-900 Avenue of the States Palm Desert, CA 92260 I. DISCUSSION: Staff has discussed the issue of the 10% density bonus request with the city attorney. The city attorney has concluded that because the proposal: 1) pertains to a presently developed project; and 2) other financial incentives have been secured by the developer, that the city does not have a legal obligation to grant a 10% density bonus. II. RECOMMENDATION: Based on city council directives, staff recommends denial. AWN A. DIAZ DIRECTOR OF ENVIRONM TAL SERVICES RAD/tm - 1 - 1 1 . 2 • �-A Lcc-r'L22� ,�`re, �GZ¢2�z-Goe�2�l� �� Y'��'��/ r 3. :12.�Z -r ��e ' NnYlnnl n, ,d/Ir rr,,I liq llr,l (u in roll..d Purlyf'Ir=___c f!FS FFIC CO LLISIUN REPORT—P[aper(y Damage O11ly__ oaL..cowllmoNa ��41L�/1L�:/1 �tr� '.�� _. `.,— Txmr �•'-,.:� irveL.aw / ` ., :1 [ITE /fir:/?` lY utD './.4.,4M1 .ITH �r T r� 'rrJ✓/irI•; DCr.Drv[ ry e.x JED c. ❑. •ART♦ "'�"�n/,�N N . I <I,. .L<eea - mil/. D n,v.. •DDn... � " PA�Nn1:�Fr�6f? rvewTH .ae. IV an ....... ..M..F ❑ 4<"[.ND"efwa f �N.�ncitax aH vawua Y Mwwa/roou I�y,$}I �) a�Oc. caLow °w�VaL a M1I•c no„ , xaar aw HIc� n,� �z 1`+� `r+ ❑ r e T rD tt/ I\L1i_ o,xaw vaHluv awM wca �- � _ _: s 43 Y/ '.. L7_/n +�Rlee/ Tlf% TtiLf%Jll ( F,� .w3rv/� �Q)/ .k3 De eAIYaF ADe ., IT— r C:YI .<. M1�w.[,DSft,THa,TD r ❑ ".-,�i rcrrTr wD. Ma pn Drv, rv.ir....— w oewC[[ Z •O. Y• F _f •Dvw[[[ O,u,GLO rw D.c wTv v ROp. "A"a OWNER 'I 2 RIGHT Or WAY CONTROL 2 Tv„[ OF VEHICIC MOVE L TpRI_Cf U, G pgIM AwY COLLISION FACTOR COLL SION 11 VC [[CtIOrI VIOI•T,ON. A CONTIOLSIUNCTID-11. A S.A•,Ory w,.OM1I �P rr[u _�� g Tnov rvOt /ury C•,e -� �_ ' C O , n , �C r/aCnOT.w �TD M•w T" O IL I'll IL- 1Y,C OF COLLISION I O —r—r— D xewrvw , „Dr LrwH[L T—Cw ... OfEATNER A E w •vulrx u _ A V O Ll,w C a uoD D. c G 41. c D EIT ¢ w F TV wrvl ��VS[ J IA F eTRaw: G olrr.D<nRu" (Tl,r P DO. —ul ,w,row rnV-11I V[" 1 [x o IL vu LocwT LIONTING II rvo rur rvi I [ MOTOR VEHICLE INVOLVED WITH A A �D-CSLIIIQII TT • B D 1 1^ _ .."x O v T. L.w• ,.w,.w a.-Tl""DT o r" MO-D— E OwwR •vrv<T'Ow,n4 E S OTNER w$SOLIATED FACTOR V - U RLAOWAY SURFACE F ---� I� Iu [ O VIOL OT_-_ IR "1- G' A VC [!C„O,I .TiOM. ` R •_ wT ury 2 SOURIETY-ORVG-"`IC•L C rvOw rlwvo uw II.CT. U VC SACTIOry VIVL Iy `, D ROADWAY"CONDITIONS • I 2 O,Haw O.IICT. \i} E VI.IOx OIs.[uu[ur l+•s. '[1 • -- - O (u w10• • vF:OF •CL - 1 4 •&Ins. • v• IC `I .xn.[ ON A oD<• M1n E L r •II._I[r r ___ 555 03 (Rev 5 80) i On/ eiNU:zLJJi; GIFTi// : ,en//r'f�i�Y 1ro✓� �+�1 c--fl,/l.. � /_ 7 .r// f=/✓n/i/'// �A�GtC �:,e/`1[LS_� 1/ / /- � /✓yTi�JJ / �l `,'/ G✓� '� / �' ///Fi EAsT oFT//� [ /isi °'� au�r��r/ or SH�i»� OX, //itu9 S1lf i Y rr NGtT/i aF Tf/-- A r.eZI c' O ✓'Y - - �� ! Lo-FT eoNn �1A/ 57h'/t%�' T//f !max /)UE TO /N/9rlczi✓f/D^1 QN �s/G P/l.er0/' �-1 . t 1 t r MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4, 1984 MR. BOB RITCHEY, 40349 Sugar Brush Court, expressed concern regarding the signal lights shining in windows, noise, and wall height. Mr. McClellan replied that the lights would only be ten feet high. Mr. Diaz said that a traffic study would have to be made. Chairman Crites closed the public testimony and asked the commission for comments or questions. Commissioner Wood indicated that he felt this would be a good location and felt that the service station and super market times should coincide. Chairman Crites asked about the entrance and exit and asked if there was a guarantee of the completion of phase II. Mr. McClellan replied no. Chairman Crites asked if that could be conditioned and a surety bond posted. Ms. Yavitz indicated that a bond had been posted at the time of parcel map finaling. Mr. Diaz indicated that there is a condition that the wall be completed as part of phase I. Chairman Crites asked what would' be a reasonable completion time for the median. Mr. McClellan replied that March 1, 1985, could be the stipulated date. Action: Moved by Commissioner Wood, seconded by Commissioner Richards, to approve the. findings as presented by staff. Carried unanimously 5-0. Moved by Commissioner Wood, seconded by Commissioner Richards, to adopt Planning Commission Resolution No. 986, approving DP O1-82 (Amendment 1), subject to the conditions as amended. Carried unanimously 5-0. G. Case Nos. PP 84-19 and PMW 84-13 - FRANK GOODMAN, Applicant Request to allow construction of a four unit apartment structure west of the terminus of Lantana Avenue. Mr. Joy reviewed the staff report and recommended approval. Chairman Crites opened the public testimony and asked the applicant to address the commission. MR. FRANK GOODMAN, applicant, concurred with the conditions. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. - - Chairman Crites closed the public testimony. Action: Moved by Commissioner Richards, seconded by Commissioner Wood, to approve the findings as presented by staff. Carried unanimously 5-0. Moved by Commissioner Richards, seconded by Commissioner Wood, to adopt Planning Commission Resolution No. 987, approving PP 84-19 and PMW 84-13. Carried unanimously 5-0. H. Case No.Q 8!-20 FRANK GOODMAN, Applicant Request for approval of a precise plan of design to allow construction of a three unit apartment structure in a R-3 zone located on the north side of Candlewood, 150 feet east of Portola and a development agreement pertaining to the utilization of state mandated density bonuses. -6- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4, 1984 Mr. Diaz reviewed this case and indicated that the applicant was requesting a density bonus, that the development already exists, and that the present project has an agreement to reduce the rental cost. He explained that three options were open to the commission: 1) to deny the request and allow the applicant to appeal to the city council; 2) continue the matter to allow staff to consult with the city attorney; or 3) approve this request and development agreement. Chairman Crites opened the public testimony and asked the applicant if he would object to a two week continuance. Mr. Goodman replied no, but clarified that the density bonus request was for 10.1% and not 25%. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. Commissioner Wood indicated that he would like to get the opinion of the city attorney in this matter. Action: Moved by Chairman Crites, seconded,by Commissioner Richards, to continue this case to the next meeting of September 18, 1984. VIII. MISCELLANEOUS ITEMS NONE IX. ORAL COMMUNICATIONS NONE X. COMMENTS Chairman Crites requested that the air conditioner be turned on prior to the meeting. XI. ADJOURNMENT Moved by Commissioner Erwood, seconded by Commissioner Richards, to adjourn. Carried unanimously 5-0. The meeting was adjourned at 11:22 p.m. RAMON A. DIAZ, Secretary ATTEST: BUFORD CRITES, Chairman AM -7- City of Palm Desert Staff Report TO: Planning Commission DATE: September 4, 1984 CASE NO: PP 84-20 REQUEST: Approval of a precise plan of design to allow construction of a three unit apartment structure in a R-3 zone located on the north side of Candlewood, 150 feet east of Portola and a development agreement pertaining to the utilization of state mandated density bonuses. APPLICANT: FRANK GOODMAN 77-900 Avenue of the States Palm Desert, CA 92260 I. BACKGROUND: A. ADJACENT ZONING AND LAND USE: NORTH: R-3/Apartments SOUTH: P/Church EAST: R-3-3/Apartments WEST: P/Library B. GENERAL PLAN DESIGNATION: High Density Residential. II. DISCUSSION: The subject property falls under the jurisdiction of the Palm Desert Property Owners Association and has received that body's preliminary approval. The site plan has been drawn so that the parking will be located on the east side of the property with the units on the west side closest to the library. This type of configuration on one hand brings the parking to the wrong side of the lot in terms of adjacent uses (library parking lot versus residences), but on the other hand, creates a safer traffic situation for egress onto this curving section of Candlewood or what could be called Shadow Mountain Drive, in this area. The applicant's submitted site plan also presents the most aesthetically pleasing view one can receive from Portola Avenue. The single story structures are 13 feet in height, while the project meets code requirements in all respects, such as minimum d.u. size and parking requirements. The site was previously included as part of the acreage for the Candlewood Apartment and now is eligible for development utilizing the state mandated 25% density bonus. This would be the first apartment complex in the city adding units due to the state bonus program. III. ANALYSIS: A. FINDINGS FOR PRECISE PLAN: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. Justification: The use is attractive and acceptable from a design aspect and compatible with other uses existing in the vicinity. C PP 84-20 CONTINUED 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. Justification: Surrounding land to the north, east, south, and/or west, and in the vicinity is zoned for the same type of use as proposed and owners would not be deprived the use of their land, nor would they be negatively impacted by traffic or structures. 3. The precise plan will not endanger the public peace, health, safety, or general welfare. Justification: The project is designed in a manner that will not endanger the public peace, health, safety, or general welfare due to compliance with existing code requirements. IV. RECOMMENDATION: Adopt findings and Resolution No. , recommending approval of PP 84- 20 and the development agreement. V. ATTACHMENTS: A. Resolution B. Legal Notice C. Plans and Exhibits Prepared by: � Reviewed and Approved By: ^1 _ Am - 2 - [ II ti PLANNING COMMISSION RESOLUTION rNO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN TO ALLOW CONSTRUCTION OF A THREE UNIT APARTMENT STRUCTURE ON THE NORTH SIDE OF CANDLEWOOD, 150 FEET EAST OF PORTOLA, ALSO DESCRIBED AS APN 625-171-001. CASE NO. PP 84-20 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of September, 1984, hold a duly noticed public hearing to consider the request of FRANK GOODMAN for above listed project. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-8911, in that the director of environmental services has determined that the project is a Class 3 categorical exemption for CEQA purposes. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, of all interested persons desiring to be heard, said commission did find the following facts and reasons to exist to justify the granting of said precise plan of design: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That approval of Precise Plan 84-20 is hereby granted for reasons subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of September, 1984, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITSS, Chairman ATTEST: RAMON A. DIAZ, Secretary Am -1- r } PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. PP 84-20 Department of Environmental Services: 1. The development of the property shall conform substantially with exhibits on file with the department of environmental services, as modified by the following conditions. 2. The development of the property described herein shall be subject to the restrictions and limitations set forth herein in addition to all municipal ordinances and state and federal statutes now in force or which hereafter may be in force. 3. Construction of a portion of said project shall commence within one year from the date of approval unless an extension of time is granted; otherwise said approval shall become null and void and of no effect whatsoever. 4. Prior to the 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 Final Palm Desert Property Owners' Association Evidence of said permits or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. Department of Public Works: 5. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 6. Landscaping maintenance on Shadow Mountain Drive/Candlewood shall be provided by the owners. 7. Complete grading plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval prior to issuance of any permits. 8. Size, number, and location of driveways to public works specifications. 9. Only one driveway approach will be allowed to serve this property. Size and location to public works specifications. 10. Execute 'Future Improvement Agreement' for sidewalk installation. -2- l 1_ August 10, 1984 CITY OF PALM DESERT LEGAL NOTICE Case No. PP 84-20 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by FRANK GOODMAN to allow construction of a three unit apartment complex on the north side of Candlewood, 150 feet east of Portola Avenue. C=,1, S.R I.,. .g .P C- 1; 9.F C 1 C•11S.P. a C-I C -I P C• i a ;e eEY R-320,000(3 R-3 :.. + Ea " � 0. R-I C•I Ft3(3) c . 4) + R-3' 20,0.00 (3) p 1Aj%, � 'A E, R.3 R=3 .13,000 (3) J^\' ; - Ew0Oc s*pElr R-1 12,000 R-1 P `.�R-3 (3) R I ' LAY . YEfT R-1 12oo R I i R-I . ]� P.R .-7 u i S_va op<E, a R-I aa�OS _ (C.t1.P.03-73 ,� P �-- 1 PD.) F f2-I 1--- y Y R )7� m R R-1 S• • R-3 (4) R-1••10,000 R-I. 10;000 q, OLD •-P a: J. R-1- 10,000 a ,o'000 vE a1. waGO r, 'er. R- I < ICit I ,000 Tr SAID Public Hearing will be held on September 4, 1994, at 7:00 p.m., in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Desert Post August 24, 1984 Am r r J � " RRriyorr UiHz � ;z�, i9�y Donna Barkdull 's PAl/ci &-3F-/2T P4N�.yi vl- Cobh�ssie�/ SOLDTV r of Pismo Beach PISMO BEACH: 1390 Pnce St. 93449 J !/mot ��/// A'i�•- ! T/®� (805) 773-4611 r t� � aw--ey e� ,e 6.-l C 1. ♦ tGc — .-�-. ;TO C. !'iC cE INS&IO TocAS Tics GtiryZ� �l� /t+0�./ !nE n�OU/IIAi/.5 TO THE 5£A " L / ��L LO -(f�f— r//17�L/�c C. G��d'.c . •a a--TGiLLLv(!!E//-/Z 7a T , 'y 2,7 oss� Jran� !good1man and Amodate-4 August 29, 1984 City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 Reference: Request to add 3 units to existing 26 unit Candlewood Apartments 74-000 Shadow Mountain Dr. Palm Desert Gentlemen: Because the existing 26 units are under a FHA Section 8 program, wherein the tenant pays a maximum 25% of their income for rental, the herein request qualifies for the State Mandated 25% density bonus . Therefore we request that we be allowed to add the subject 3 Units (10 . 3% - 3 of 29) to our already existing 26 units at.,.the Candlewood Apartments, under the ordinance. Respectfully submitted, Frank Goodman Par r NE: XECUTIVE OFFICES: 77.900 AVENUE OF THE STATES PALM DESERT, CALIFORNIA 92260 PHONE: (714) 345.262E i i RESOLUTION NO. EXHIBIT "A" FRANK GOODMAN 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 Frank Goodman & Associates, (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 84-20) to construct an additional three 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 84-20 (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 an additional three rental residential units on the PROPERTY by Precise Plan 84- 20 and Planning Commission Resolution No. _. As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent three units for moderate income households. Hereinafter these three units shall be referred to as "MODERATE AFFORDABLE UNITS." 2. As used herein, "moderate income households" shall refer to families or individuals whose gross income does not exceed 100% of the Riverside/San Bernardino County median income based upon financial and demographic information received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is contained in "Exhibit 2" and shall be updated automatically as information is obtained from HUD. If in the future more relevant or timely data is made available by other officially recognized agencies, the applicant may request amendment of this agreement to include such data. -1- RESOLUTION NO. 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; resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. Max. Rents Max. Income 1 bedroom 1 bath $501 $20,062 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 as vacancies permit. 6. The DEVELOPER shall maintain the quality of the buildings, grounds and recreation facilities consistent with their condition at the time of issuance of certificate of occupancy. The DEVELOPER shall post a $2500 bond or other satisfactory security assuring the performance of any work the CITY feels is necessary to meet this requirement in a form satisfactory to the CITY. 7. The term of this agreement shall run for thirty years during which period 10 aforementioned MODERATE AFFORDABLE UNITS shall be reserved for moderate income household. During the first ten years of this agreement the entire PROJECT shall be maintained as rental housing. Thereafter the DEVELOPER or his successor may apply to amend this agreement to allow condominium conversion. The DEVELOPER will be required to conform to all applicable zoning and building regulations. The amendment would include a program to maintain the availability of the MODERATE AFFORDABLE UNITS for moderate income households throughout the remaining term of the agreement. 8. The provisions of this agreement shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall.be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. -2- 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. 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. FRANK GOODMAN THE CITY OF PALM DESERT (Notarized) ATTEST: -3- RESOLUTION NO. EXHIBIT "1" LEGAL DESCRIPTION OF PROPERTY Property described in the Riverside County Tax Assessors rolls as: Map Book 625, Page 132, Lots 035 and 046. Map Book 625, Page 171, Lot 001 EXHIBIT 112" HUD MEDIAN INCOME LIMITS March, 1983 PERSON IN FAMILY 2 $20,062 -4- Jranh R. !qooclman and Amociatei August 29, 1984 City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 Reference: Request to add 3 units to existing 26 unit Candlewood Apartments 74-000 Shadow Mountain Dr. Palm Desert Gentlemen: Because the existing 26 units are under a FHA Section 8 program, wherein the tenant pays a maximum 25% of their income for rental , the herein request qualifies for the State Mandated 25% density bonus . Therefore we request that we be allowed to add the subject 3 Units (10 . 3% - 3 of 29 ) to our already existing 26 units at.,.the Candlewood Apartments, under the ordinance. Respectfully submitted, Frank Goodman Par r EXECUTIVE OFFICES: 77.900 AVENUE OF THE STATES PALM DESERT, CALIFORNIA 92260 PHONE: (714) 345.2626 e.�. RIVERSIDE COUNTY CA FIRE DEPARTMENT IN COOPERATION WITH THE C UNTY < CALIFORNIA DEPARTMENT OF FORESTRY CS RIVERS D ..r.,.i! DAV1D L.FLAKE �NfN Of a FIRECHIEF 210 WEST SAN JACINTO AVENUE PERRIS,CALIFORNIA 92370 July 30, 1984 TELEPHONE:(714)657.3183 RANCHO MIRAGE FIRE STATION D � �': 70.800 Highway III La L �p s Rancho Mirage, CA 92270 JUL 3 0 1984 Ramon Diaz Director of Environmen t&,T- b`€.kVJFc sCES City of Palm Desert:ITY OF PALM DESERT 73-S10 Fred Waring Dr. Palm Desert, CA 92260 Reference: PP 84 -20 Applicant: Frank Goodman Dear Mr. Diaz: General fire protection requirements for this project have previously been met and remain appropriate in this case. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. Sincerely, DAVID L. FLAKE Fire QChief BY Mike McConnell Fire Marshal to cc: J. Zimmerman, CVWD r� INTEROFFICE MEMORANDUM (��r�' " City of Palm Desert "• , , 6 1944 TO: Department of Environmental Services ENVIRONI-IrNrAL SERVICES FROM: Director of Public Works CITY OF PALM DESERT SUBJECT: PP 84-20 Frank Goodman DATE: July 30, 1984 The following should be considered as conditions of approval : (1) Drainage and signalization fund fees, as required by City ordinance, shall be paid prior to recordation of the final map. (2) Landscaping maintenance on Shadow Mountain Dr./Candlewood shall be provided by the owner's. (3) Complete grading plans and specifications shall be submitted, as required by ordinance to the City Engineer for checking and approval prior to issu- ance of any permits. (4) Size, number and location of driveways to Public Works specifications. 1/(5) Only 1 driveway approach will be allowed to serve this property. Size and location to Public Works specifications. (6) 6 foot P.C.C. sidewalk on Shadow Mountain Dr. and Candlewood Street. Barr cClellan, P.E. ARC/BDM/lo 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL CASE NON: PP PROJECT: APPLICANT: NK Goo�y/,QN Enclosed please find materials describing a project for which the following is being requested: r ST72t/GTt/RL� Ai ' /�Y �f T�-.3 �!V� GY✓ 7hE' /yam?%H S/�E �/_ �i✓C7�EGvb�oj) /SD BEET EAti OF �.�%O.C/-1 A-1 The attached data was prepared by the applicant and is being forwarded to you for comments and recommended conditions of approval. The city is interested in the probable impacts on the environment (including land, air, water, minerals, flora, fauna, noise: objects of historical or aesthetic significance) and recommended conditions of approval based on your expertise and area of concern. Your comments an ecommen ed conditions of approval must be received by this office prior to �:30 g-/3 in order to be discussed by the land division committee. he land division committee (comprised of director of environmental services, city building official, city engineer, fire marshal and a representative of CVWD) will discuss the comments and recommended conditions of approval and will forward them to the planning commission through the staff report. Any information received by this office after the receipt deadline will not be discussed by the land division committee. Sincerely, RAMON A. DIAZ. DIRECTOR OF !:NVm.JN:MENTAL SERVICES RD/Ir Attachments J P 1•® r � � - n J• Q t ® ®P •... i O q _ w a -> �. LI N/Y1N/KIW MOJVNSJ t L;�;*,. •. . o •rI S/I.01/•O kl Jam• J �+ 110/I J/ t.f• II �I1's N J „ 'J.7_., ,• �11V3d ,f7JF,NbIi 1 �� ® (�• Q 0 ',1 '�� _ _ a\ —TT , CERTIFICATION OF PROPERTY OWN•R'S LIST (To be filled out by applicant) CITY OF PALM DESERT Department of Environmental Services 45-275 Prickly Pear Lane Palm Desert, CA 92260 Subject: Gentlemen: DiNN✓I// t/bd en _ do hereby certify, under penalty of perjury, that the attached list sets forth the names and addresses of the following persons as they appear on the last equalized assessment roll of the Riverside County Assessor. Sincerely, �hicaeo Title Insurance/Kathy Cross Printed Name 73-241 Highway 111 Palm Desert Address SFA_SF�' Phone Number Dated May 29. 1984 in the City of Palm Desert , California. Signature .-RECISE PLAN APPLICATION NO. TO THE CITY OF PALM DESERT PLANNING COMMISSION: APPLICANT'S NAME: (owner, purch er, lessee, representative APPLICANT'S ADDRESS: 47 APPLICANT'S PHONE: PROJECT COORDINATOR: PHONFd The applicant, for the property situated at on property zoned as 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) Date Please print name here) Address City STATE OF CALIFORNIA, County of On 19 before me, the undersigned a Notary Public in and for the State of California with principal office in the County of personally appeared i known to me to be the person whose name subscribed to I the within Instrument, and acknowledged to me that executed the same. WITNE55 my hand and official seal. i i Signature of Notary: Notary Public in and for the State of California i October 19, 1984 CITY OF PALM DESERT LEGAL NOTICE Case No. PP 84-20 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider an appeal by FRANK GOODMAN of a planning commission decision to deny a precise plan of design and development agreement relating to construction of a three unit apartment structure utilizing state mandated density bonuses on the north side of Candlewood 150 feet east of Portola. o v , Lp , Si . . .C-•h,• 9..R. . . �S.R C C•),S.P. C-1 -1 C -I P C- I < , ,.tw 11•3 20.000( :., P . L R-3 :. GYte 0. R-1 4) R-3 20,Cr00 (3) C 1 P R 3(3) °1te -�.E� R.3 y' Y ' G 3 R-3 .13,000 (3) ;. tw000 STAttT R-1 12,000 R-1 P R•3 (31 jl t . p_ : " R-1 12 00 R-1 ,a c Y • w t r T - �N R-I R P.R .-7 v ,,,ac�t.., sf R-I ` —Tt �C t P.03 73 P 1 P.G.) Y R-I h C R - )r R-1 S. R-3 (4) R+-10,000• R-1 . 10;000 rq, OLD 10,000 /0,000 a(Z Foo7 SAID Public Hearing will be held on November 8, 1984, at 7:00 p.m. in the Council Chamber in the Palm Desert Civic Center, 73-510 Fred Waring Drive, -- Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Desert Post October 26, 1984 Am r O�Al M [+rSr-RT Wo NvN Y 69.66'J 464+'OM t;�, J r_1e f�'1�I�•t�`1�t��j ��l�/�1\ a�lY lS��niZr� OEPARIAIENT OF Qf)VIRO14WNLAL OCRVICEO Avr NQ PLANNING UIVIBIOM phi I!= — ONE a 7 '''(NAME) ..— _ _ /� _ �M�adtnq Apr ul! i Tals•aw) —ems_-sEL a' 1110110614 I Ott— aMerfta asrwa d awwwr rgaasNq $¢ • Strt 1�'I?f�f 11 L" D• S AawaaN a Parcel F.ZS i3i r3i - 7 L-f/ — GX) /3.2 &3 .7_ f EsN1rAq ben Rl ipM ie hNufT Ov ear Aorrrorrza nnn iM rMartignA• tN4s 11" +Iql an rme osa td of IM f+ICWHTdperrA.p ytr"1110112211un Ip the fain Mn a JbC - __ l�1,atY la RY ppp AffiliatedAMdvinq fM Gt�,11lYn lgal of M! McGOh,t nuns to ap slriclY I on 6Y MY S1Ct1AT]UUR," THIS AORE/ii�'4ENT, ..nt(e1�w, city st Pates bawl of an bobanq In SrgnNun � � -- t - —Aug (lot staff us, anlT) ENVMOUML'11A!_ STAID^ ry�ry WalDTtr'AL All C.A.ae. Aewtitee by LA CARGelfrA rkeur," D atarlevt XCLA114T104 ❑ OTHra CASE No. ..,S,fF,,,,/1E NOTE rust ALSO�.uwni�cL�+ic'ewniriau�.iraeatw°r. fbfaranN Cart,Na ��w i • February 8, 1971 CONDITIONS Of AnPROYAI CASE NO. 55MF 1. The 1 ::.-ent of this project shall conform substantially to all de:c t plans submitted in behalf of this case (Exhibits A-N). and r • % sed according to the Design Review Board process. Any ' minor .cn:es require approval by the Director of Environmental Services. Any s,: >:�ntial change requires approval by the Design Revi•.- Board and the Pl, 'I. ...g Commission. 2. All requirements of any law, ordinance. or regulation of the State, City, -nd r.ny other applicable government entity shall be complied with as a part of the development process. he velopment of this 3. This comnencingvwithin one al is iyear efrom approval, subject to tdate eand being promptly completed. 4. All service lines for utilities shall be placed underground. S. No roof top air conditioning equipment shall be permitted unless architec- turally obscured from sight from adjacent property and public rights-of- way. --- - 6. Perimeter screening in the form of faring and landscaping shall be pro- vided as approved by the Design Review Bard. A 6' masonry block wall shall be added adjacent to Candlewood and Shadow Mountain Drive. /. 8" curb. gutter, curb cuts, and tie-in paving along the full frontage of the property on Candlewood and Shadow Mountain Drive 'hall be provided for by means of installation prior to final inspection. Construction shall cow form to City Standards and all requirements of the City Engineer. The ap- sdiiiailgthe City Eng/n/er,and aQwr Hour.ain Driven ac oro:ance to the requireaents of 8. Elevations are approved as shown. 1 of y. 9. Ifwces pool septic ankasystem if misns exist within approvedI applicant shall Installdry sewer line connection from dwelling units to front property line. perty 10. Dead nlandscaping. Design of revise Lantana n ddrivewayshall cbe subject oa l ttpprova of the City Fire Marshall. n the te. unless 11. repla'c ! hyhall not equivalentmnunberve yof%field-grownrspecire treesn trees.siThe applicant shall lize grass as ground cover for landscaped area adjacent to Candle- wour ' • adow Mountain Drive and shall relocate the easterly olive tree to i'voir, �---of-sight conflicts. 12. Landsca:,r private patio areas to the satisfaction of the Director of Environ- mental 1.r-r7ices. ' AGREEMENT I accept and agree, prior to use of this permit or approval, to comply with all the conditions set forth, and understand that the Departmmnt o:' Building 6 Safety will cnot onfisrmationbhasdbneen received bylthe Dep rtment ofMEnvronmeetal ,Serviil ce this signed Z p c s gna ure ..-r . 1 i PaWrES • • DES76N 11EVIEy '.JARO FEBRUM B. 1977 4, CASE N0. 55MF (continued) (b) 07 - delete "shall install street !fights and-. (c) 010 - delete entire condition and et.ise to say: "Dead end driveway before reaching Lantana and place remaining property in land- scaping. Design of revised driveway shall be subject to ap- proval of the City Fire Marshall.- (d) 012 - add: "Landscape private patio areas to the satisfaction of the Director of Environrrntal Services." The motion carried 4-0 (Hobbs, Minturn, Leung, Urrutia). 5. CASE NO. 5614E - JIM BELKNAP Request for approval of prelirinary plans for a 7-unit apartment complex on the east side of Ocotillo n.;ve, between Tumbleweed and verba Santa. The Board was .uncerned over the problem of ingress/egress (the applicant was proposing to use access easement on adjacent property) and the lack of adequate architectural treatment on the street elevation of Building B. it was moved by Mr. Hobbs and seconded b1 Mr. Minturn that the case be continued. Notion carried 4-0 (William, Hobbs. Minturn, Urrutia, with ' Leung abstaining). 6- CASE N0. 57W - JiM BELRMAP for ongtheteast side ofiHifghwey174, between El Pasea ands for a iVeapartment.complex toyer present. It was roved by Mr. Minturn and seconded by Mr. Leung that the project be approved, with the following changes to the conditions: (a) /7 - delete and revise to read: "The applicant shall redesign parking layout to allow access for vehicles caking from the lot to the north (Calypso Apartments) also owned by the applicant and shall record an access easement in a nnW acceptable to the City At- •w.... • CASE NO 48C - UNITED CALIFORNIA BANK 3. UCB building on frontage Request for 1.4SO Square foot addition to existing adjacent to Plaza Nay. ,,+ � n..cwncwd approved site plan indicating Robert Ricciardi. project ar^.•••t--c-• --row at enlarged size- Staff was that the building had originally been aPP spaces to account for difference in apprOving minor adjustment of 3 parking spa County and City parking ordinances. It was moved by Mr. Hobbs and seconded by M'. Ninturn that the project be itions. Motion carried 4-0 (Minturn, Leung, Hobbs approved subject to 4 cond and Urrutia). 4• CASE u0. SSMF - AFFILIATED CONSTRlICT10N fnr a 26-unit apartment Request for approval of final construction drawings complex located east of the public library at Portoua and Shadow Mountain Drive. Applicant. Frank Goodman, was present.teddnd I Urrutia irathered that than leaving ri- ' be laamn objected vat@this patio dam byshould �resid Rtts- M•• GWdicat Objected to Condition Mo. 10 this to be done Y t Of the dedlcatad pprticr: of i.�tana. Condi- which calls for theimprovetmeent of and curb and gutter on Shadow Mountain tion No. 7 requiring tre Co lights ndition N0. 6 Calling for a S feat block wall Drive and Ga^d id"M on Candlewood• adjacent to the existing single family res Mr. Minturn considered curb and gutter as a very ia)pD►tant improvement fitted the property T it was moved by and one which directly tey project. with the Mr. Hobbs and seconded ycOnditlor�nturn to a following changes (a) 06 - delete "and a S' well adjacent t0 pisting development On Candlewood -I- MINUTES /801 ie06,1856 2 4 W 4 SEC. 2/ 8- 9 A. ,. S to) 0,AAl r. C. N SW q 4 �NNO 4 n 5 /7/ 66 0 ' o 0 `1�Y ° a l ' U CANDLE/// /�\/ WOOD /� 2 }3/ �4 5 6 94 7 173 o: AC O 23 22 2/ 20 /9 e Q 24 _ a ! z s.a, o- + _ + CHICORY — P 'R 5911 l5 SS1.93 o Qa s n p Z 1 a / Q 8° /2 / j } p EX. 3.67AcfL- ceps re /74 x PARCH a w at ? Q . jj QI ,-- - - - - C J L So 1u Q 0 o s , 3z 4 R n b0 M. B. 22175 Palm Desert Unit No. 4 2U�o2o ..—� ✓LILY" 1967 J ► �, � flw �M PAM w J �� 7 1 LIWM T` aN1� •1 4YrY�• III. I CA��Qi0R1' ��H6 •E 1 �NFVIRC h06 "4` PIRACIUF M�N# ♦�IMfI fiMS.._l�lk�� -. y1nIR FFFFF t � ,f JN6 P11RkIM4- 1 \ t ten CvNU�t� ?4•DoxfR) MOSECT ['M+Df.CI Qp h9h �r u IT t Matching architecture of existing apartments i �j, (MAW cuff Ts300011ni =00aW=3 h, a ecTz,ea � J 4 POST OFFICE BOX 1977,PALM DESERT,CALIFORNIA 92261 _qqS'��i� � 2 O Imo' C\L� QJV — F'OU It 9931BIN1 :1.0/31/81 RETURN TO SENDER 625-173-014: NOT DELIVERABLE AS ADDRESSED Marie Fou3o UNABLE TO FORWARD P. 0. Box 1 La Quinta, CA 92253 PARCEL 7 That portion of the Northwest quarter' of the Southwest west quarte ofSection 21 Township 5 South, Range 6 East, San Bernardino Base and Meridian, more particularly described as follows: COMMENCING at a point on the South line of said Northwest quarter of the Southwest quarter, North 890 58 ' 55" East, 526 . 51 feet from the Southwest corner of said Northwest quarter of the Southwest quarter, said Southwest corner being the West one-sixteenth corner as shown on Map of PALM DESERT UNIT NO. 4, as shown by Map on file in Book 22, Page 75 of Maps, Records of Riverside County, Califoria; THENCE North 00 07 ' 15" Wgst, 50 feet to the TRUE POINT OF BEGINNING: THENCE continui$g North 0 07 ' 15 " West, 82 . 05 feet; THENCE North 89 52 ' 46" East, 110 feet; THENCE South 00 07 ' 15" East 62 . 21 feet to the beginning 06 a circular curve having a radius of 20 feet and a central angle of 90 06 ' 09 " ; THENCE Southwesterly along said curve, concaved to the northwest, an arc distance of 31. 45 feet to a point .of tangency; THENCE along a tangent curve South 890 58 ' 55" West, a distance of 89 .96 feet to the TRUE POINT OF BEGINNING, otherwise known as 45-499 Lantana, Palm Desert, California. This description contains 8 , 949 square feet. LEGAL DESCRIPTION r , PARCELS 5 and 6 That portion of the West half of the Northwest quarter of the Southwest quarter of Section 21, Township 5 South, Range 6 East San Bernardino Base and Meridian described as follows : COMMENCING at the Southeast corner of the West half of the Northwest quarter of the Southwest quarter of said Section 21 : THENCE South 89058 ' 55" I-Jest along the South line of the West half of the Northwest quarter of the Southwest quarter of said Section 21 a distance of 50. 00 feet, more or less to its intersection with a line that is parallel with and distant 50 . 00 feet Westerly of, measured at right angles to, the East line of the 'West half of the Northwest quarter of the Southwest quarter of said Section 21, said intersection being the TRUE POINT OF BEGINNING; THENCE North 00007 ' 25" West along said parallel line a distance of 49 . 76 feet, more or less , to its intersection with the Southerly line of the land conveyed to Grace E. Ostrom by Deed recorded October 22, 1957 in Book 2166 at Page 491 of Official Records of Riverside County California ; THENCE South 89 °58 ' 55" West along said South line of the land conveyed to Grace E. Ostrom a distance of 75. 00 feet, more or less , to its intersection with a line that is parallel with and distant 125 feet Westerlv of, measured at right angles to, the East line of the West half of the Northwest quarter of the Southwest quarter of said Section 21 ; THENCE South 00007 ' 25" East along last mentioned parallel line a distance of 49 . 76 feet, more or less, to its intersection with the South line of the West half of the Northwest quarter of the Southwest quarter of said Section. 21; THENCE North 89058 ' 55" East along the South line of the West half of the Northwest ,quarter of the Southwest quarter of said Section 21 a distance of 75 .00 feet, more or less , to the TRUE POINT OF BEGINNING. This description contains 3, 732 square feet. CHARLES HAVER AND ASSOCIATES / � � Total Square Foot in Parcel 5, 6 &7 12, 681 Thomas F. X.I/ Sekel L.S . 4897 0291001 2/14/£4 1 t, r - ;k K' ( I 1 O� oO ! C y�$yy -+ I I tA I` AIC 1 A�G� r CDN EN �R GOhLc! F—FL I V EN I' 1 o ! , x - 4 STUC O I [y - H RTH ELEVATION 1 � - IL } OW #3 r ,/ • . � UNIT#4 , PAY 1 a n PA 16 _ t9 I --t n I i 12_ II Ll . I _-__-- ------- y+'-Ir1r-i�b^u-+._+�-.+.iy-- -- -- -"- _-ln+••v�rtirir..r..�n±•� ___.--------- :_. _� �' � aPewl I _1_ I FENcrc. 1- AiXA EAST ELEVATIONAIL WEST ELEVATION SIM. & OPP.) I j - cNDEy�r;�i caND�NSER {� ,•{ uj PAT a i PAT 10 " 10.00 � T4 r g v � f rx s }., _ o T F _.. ., .. - -.. W-IL �. ..„u•w .Nrc _ -. __-. -"a._ _ - - 4 a- ;.. n _..{e�..Y,_'- G-i�ice:..�.,a pt..�...,,o.::.: r_..A• Q _ r--- - - - -- _- - — - 5TUc ENo� a cA R I ! CARPORT ° uui U } _..s � .r + �;. i rt �� 1, , ' ',. :i' ✓`.- -� �+�,1 I ! { � \` � � V/ SOUTH ELEV �►TiON' ,/�� : oil 0. 0 _ 10� 4 1� 9 `bloc a CID 1: PRI AT um Tj z LAWPSCAPt W45 trl �Q NORTH SITE PLAN DATE MA y IS, '84 Lj LIJ SHEET 41F t -