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HomeMy WebLinkAboutPP 84-22 12-UNIT APARTMENTS/73535 SANTA ROSA WAY 1985 PRECISE PLAN_ . ,F,"'�- `�- TENTATIVE TRACT ZONE CHANCE I PARCEL MAP VARIANCE pp REFS R TO:APPLICANT: e- -- LOC TION : SRn PR6[a e �isT,L . REQUEST:—. �Z EXISTING ZONE PREPARATION PROGRESS DATE -BY COMMENTS f APPLICATION RECEIVED kc.v to o ` LEGAL PUBLICATION SENT NOTICES SENT FIELD INVESTIGATION DEPTS. NOTIFIED BUILDING ENGINEERING FIRE POLICE RF-CREATION & PARKS SCHOOL DISTRICT DIVISION OF HIGHWAYS FLOOD CONTROL PRELIMINARY MEETING STAFF REPORT Mai FINAL PLAN APPROVAL PRECISE PLAN (6) LANDSCAPING PLAN (5) w PLAN. DIRECTOR MOD. (6) HEARINGS & ACTIONS DATE ACTION VOTE REVIEW BOARD HEARING PC. HEARING PUBLISHED PC. PUBLIC HEARING APPLICANT NOTIFIED C.C. PUBLIC HEARING ORDINANCE NO. RESOLUTION NO. _f_ FFECTIVE DATE RECORDED FOR DATA- BANK ZONING MAP CORRECTED 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: AUGUST 9, 1985 RALPH SANTOPIETRO P.O. Box 1166 Rancho Mirage, CA 92270 Re: PP 84-2-1) PMW 84-9, 276 MF and DA The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of August 6, 1985. DENIED ONE YEAR TIME EXTENSION BY MINUTE MOTION CARRIED 5-0 Any appeal of the above action may be made In writing to the Director of Community Development, City of Palm Desert, within fifteen ( 15) days of the date of the decision. RA ON A. DIAZ, SE ET PALM DESERT PLANNING MMISSION RAO/tm r City of Palm Desert Department of community Development/Planning Staff Report TO: Planning Commission DATE: August 6, 1985 CASE NOS; PP 84-22, PMW 84-9, 276 MF and Development Agreement REQUEST: Approval of a one year time extension for a precise plan of design, parcel map waiver, architectural commission approval and development agreement for 12 units at the southeast corner of San Pablo and Santa Rosa. APPLICANT: RALPH SANTOPIETRO P.O. Box 1166 Rancho Mirage, CA 92270 I. BACKGROUND: The precise plan and parcel map were approved by planning commission August 7, 1984. The development agreement was subsequently approved by city council . 11. DISCUSSION: There has been a change in the city's regulations which impact this project. The city's Position regarding the 25% density bonus program and the necessary development agreement under which this project was processed have been discontinued. In addition and more importantly the Palma Village Plan has been adopted and the zoning for the subject site will increase the maximum number of units on the site without benefit of development agreement to 15 units (38, 111 square feet * 2500) • III. RECOMMENDATION: Staff recommends denial of the requested one year time extension. VI . ATTACHMENTS: 1. Letter of Request 2. Planning Commission Resolution No. 977. Prepared by �� Reviewed and Approved /dlg F i F f , i',11. .> tl 1985 ENVIRONMENTAL SEIi VICES August 1 , 1985 CITY OF PALM DESERT Ray Diaz Palm Desert Planning Dept. Palm Desert, CA 92260 Re : PP 84-22 extension Dear Mr. Diaz, A year has passed (August 7 , 1985) since our last pro- ceedings with the City. Due to the magnitude of the project, and certain financial difficulties, I was un- able to proceed as expected with my twelve unit project. Due to the above reason, I am requesting that a time extension of one year be granted. Thank you for your considerations in this matter. Si erely, al i S to piet/r Owner Lot 1 & 4 Palm Village Garden Tract No . 1 PLANNING COMMISSION RESOLUTION NO. 977 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN, PARCEL MAP WAIVER, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A DEVELOPMENT AGREEMENT TO ALLOW CONSTRUCTION OF A 12 UNIT APARTMENT PROJECT AT THE SOUTHEAST CORNER OF SAN PABLO AND SANTA ROSA. CASE NOS. PP 84-22 and P M W 84-9 did on WHEREAS, the 1984,Planning Commission a dulyonoticed pubty of Palm lic c hearing andronCJuly 17,a,1984, a the 3rd day of July, 1984, continued public hearing to consider map questwaiv by negatives f declaarati n oof environmental a precise plan of design, parcel t to allow construction an Pablo and Santa Rosa. a 12 unit apartment impact, and development agreemen complex on a 38,111 square foot site at the southeast corner of San WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures in than the d'irectoion of the California rr of environmental services nhas ndetermital ned that Resolution No. 80-89, the project will not have a negative impact on the environment and a Negative Declaration has been prepared. WHEREAS, at said pulbic 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 its actions: 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. that 4. That the proposed waiver to consolidate two o requirements lots into as t o d area, resulting parcel complies with applicable ro riate improved s improvement and design, floodwater drainage control, ap p public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the municipal code. 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 84-22 is hereby granted for reasons subject to the attached conditions. 3. That approval of PMW 84-9 is hereby granted. 4. That a negative declaration of environmental impact is hereby approved subject to implementation of the attached conditions. g. Approval of the Santopietro Development Agreement, Exhibit 'A' is recommended to the city council. 5 h PLANNING COMMISSION RESOLUTION NO. 977 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th day of August, 1984, by the following vote, to wit: AYES: DOWNS, ERWOOD, WOOD, AND CRITES NOES: NONE ABSENT: RICHARDS ABSTAIN: NONE _ BUFOW CRITES, Chairman ATTEST: / RAMON A. DIAZ, cr y Am 1 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 1985 s Request for approval of a parcel map waiver to allow adjustment of lot lines to eliminate knuckles at street intersections. Action: Moved by Commissioner Downs, seconded by Commissioner Erwood, approving PMW 85-13 by minute motion. Carried 5-0. B. Case Nos. DP 09-80 and Z21 MF - CHACAHUALA, LTD, Applicant Request for approval of a six month extension of time for a development plan and preliminary design review case to allow construction of a 117 unit condominium project in the PR-3 zone at the southeast corner of Homestead Road and Alamo Drive. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, denying DP 09-80 AND 221 MF by minute motion. Carried 5-0. C. Case Nosr__`PP84-22�PMW 84-9, 276 MF and Development Agreement- RALPH SAN OPI'E-TRO`,`Applicant Request for approval of a one year time extension for a precise plan of design, parcel map waiver, architectural commission approval , and development agreement for 12 units at the southeast corner of San Pablo and Santa Rosa. Action: Moved by Commissioner Downs, seconded by Commissioner Wood, denying PP 84-22, PMW 84-9, 276 MF, and Development Agreement by minute motion. Carried 5-0. D. Case Nos. PP 84-23, VAR 84-3, and 270 MF - RALPH SANTOPIETRO, Applicant Request for approval of a one year time extension for a precise plan of design, zone variance, and architectural commission approval for triplex on the north side of Santa Rosa, 252 feet east of San Pascual . 2 City of Palm Desert Department of Community Development/Planning Staff Report TO: Planning Commission DATE: August 6, 1985 CASE NOS: PP 84-22, PMW 84-9, 276 MF and Development Agreement REQUEST: Approval of a one year time extension for a precise plan of design, parcel map waiver, architectural commission approval and development agreement for 12 units at the southeast corner of San Pablo and Santa Rosa. APPLICANT: RALPH SANTOPIETRO P.O. Box 1166 Rancho Mirage, CA 92270 1. BACKGROUND: The precise plan and parcel map were approved by planning commission August 7, 1984. The development agreement was subsequently approved by city council . 11. DISCUSSION: There has been a change in the city's regulations which impact this project. The city's position regarding the 25% density bonus program and the necessary development agreement under which this project was processed have been discontinued. In addition and more importantly the Palma Village Plan has been adopted and the zoning for the subject site will increase the maximum number of units on the site without benefit of development agreement to 15 units (38, 111 square feet a 2500) . III. RECOMMENDATION: Staff recommends denial of the requested one year time extension. VI. ATTACHMENTS: 1 . Letter of Request 2. Planning ,Commission Resolution No. 977. Prepared by r Reviewed and Approved /dlg City of Palm Desert Department of Community Development/Planning Staff Report TO; Planning Commission DATE: August 6, 1985 CASE NOS: PP 84-22, PMW 84-9, 276 MF and Development Agreement REQUEST: Approval of a one year time extension for a precise plan of design, parcel map waiver, architectural commission approval and development agreement for 12 units at the southeast corner of San Pablo and Santa Rosa. APPLICANT: RALPH SANTOPIETRO P.O. Box 1166 Rancho Mirage, CA 92270 1. BACKGROUND: The precise plan and parcel map were approved by planning commission August 7, 1984. The development agreement was subsequently approved by city council . I1. DISCUSSION: There has been a change in the city's regulations which impact this project. The city's position regarding the 25% density bonus program and the necessary development agreement under which this project was processed have been discontinued. In addition and more importantly the Palma Village Plan has been adopted and the zoning for the subject site will increase the maximum number of units on the site without benefit of development agreement to 15 units (38, 111 square feet : 2500) . II1. RECONKENOATION: Staff recommends denial of the requested one year time extension. VI. ATTACHMENTS: 1 . Letter of Request 2. Planning Commission Resolution No. 977. Prepared by Reviewed and Approved /dig ,t I 1 i I r ENVIRONMENTAL SFHVICES August 1 , 1985 CITY OF PALM DESERT Ray Diaz Palm Desert Planning Dept. Palm Desert, CA 92260 . Re : PP 84-22 extension Dear Mr. Diaz, A year has passed (August 7 , 1985) since our last pro- ceedings with the City. Due to the magnitude of the project, and certain financial difficulties, I was un- able to proceed as expected with my twelve unit project. Due to the above reason, I am requesting that a time extension of one year be granted. Thank you for your considerations in this matter. Si erely, al S topie Owner Lot 1 & 4 Palm Village Garden Tract No . 1 PLANNING COMMISSION RESOLUTION NO. 977 A RESOLUTION OF THE PLANNING COMMISSION OF TOE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN, PARCEL MAP WAIVER, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A DEVELOPMENT AGREEMENT TO ALLOW NSTRUCTION OF A 12 UNIT APARTMENT PROJECT OAT THE SOUTHEAST CORNER OF SAN PABLO AND SANTA ROSA. CASE NOS. PP 84-22 and PMW 84-9 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of July, 1984, hold a duly noticed public hearing and on July 17, 1984, a continued public hearing to consider a request by RALPH SANTOPIETRO for approval of a precise plan of design, parcel map waiver, negative declaration of environmental impact, and development agreement to allow construction of a 12 unit apartment complex on a 38,111 square foot site at the southeast corner of San Pablo and Santa Rosa. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of environmental services has determined that the project will not have a negative impact on the environment and a Negative Declaration has been prepared. WHEREAS, at said pulbic 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 its actions: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. th the use or 2. The precise of property inithe vian cinity ty byl not r the o occupants thereof nably interfere lfor lawful purposes. 3. The precise plan will not endanger the public peace, health, safety, or general welfare. 4. That the proposed waiver to consolidate two lots into one lot and that resulting parcel complies with applicable requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the municipal code. 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 84-22 is hereby granted for reasons subject to the attached conditions. 3. That approval of PMW 84-9 is hereby granted. 4. That a negative declaration of environmental impact is hereby approved subject to implementation of the attached conditions. 5. Approval of the Santopietro Development Agreement, Exhibit 'A' is recommended to the city council. r PLANNING COMMISSION RESOLUTION NO. 977 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th day of August, 1984, by the following vote, to wit: AYES: DOWNS, ERWOOD, WOOD, AND CRITES NOES: NONE ABSENT: RICHARDS ABSTAIN: NONE BUFOW CRITES, Chairman i ATTEST: RAMON A. DIAZ, cr y Am I. PROOF OF PP ICATION This space is for]the County Clerk's Filing Stamp (2015.5 C.C.P.) n 7 C STATE OF CALIFORNIA, N m x, c County of Riverside y rrj CD 1 am a citizen of the United States and a CITY CiPi PALM_DESERT (.J. resident of the County aforesaid; I am over ;;; _ the age of eighteen years, and not a party to Proof of Publication ofCD or interested in the abov"ntitied matter. I CT am the principal clerk of the printer of the CASE NO.� PP 84 Viand PMw 84-9 ...............:.,................-............................. DESERT POST ......... .. ........... .....................................................so... Paste Clipping ..............................................:..... of Notice a newspaper of general circulation, printed -SECURELY and published.......al.:stt:.Ck7.Y............. In This Space . in the City of ......RA2A..DAA"1:......... CITY OF PALM DESERT 4 LEGAL NOTICE ' pl County of Riverside, and which news- _CASE"PP"22 paper has been adjudged a newspaper in°P"W"" T NOTICE?,18'l1 iGNENtbat a? of general *Circulation by the Superior Public HearinjWlltbe:�eybelorejl. the.PalmYDesert fPmnnirgtCom-- Court of the County of Riverside. State of meawnneA.anakha±e4aest:by* RALPFLSANT WIETRO Ior approva�- -M a preclse plan M Eesipri to allow California, under the date of.;.L0.45 0 .5,4, 12 reswegt.m unitafra Pa,ceQmspy a1 walnr-to con$ofitlate'Iherlwo)ole into one;property!'end'a.nsgative*' Case Number ..a3145.t)......;that the notice L.Paceralon'elales thereto, t2%m-1_0 paG,asja�relelea tihereto /or a � •,, 38.111 square loot proper in 1441 of which The annexed Is a printed copy (set R410pe'octl@d at the utneas In type not smaller than nonpareil), has corner`plrSan'Pablo eW Santow Rose,'more,,,particulary(PescripeP T' been published in each regular and entire aa, x ►tom-,,, APN 827;102Vl.82]-102 001 issue of said newspaper and not in any SAID Public Hearing will ba he supplement thereof on the followingin esday'July 3,.,ga,:at'oo p.m, dates, n tM'Council pwmparpat'Pam to-wit: Deaert_CINc:,Center',t¢3310�FreP 6�22�$4 Warinp-gDrlve ¢Pan �esert Ili of anP p4c`e ........-........................................... _ ell Intereatt persarn are imiteP to atterq anP be beano!:` ' all in the year Mao. sit RAMONA DIAZ -<�` Secretary.. I certify (or declare) under penalt of Palm Desert Y Planniip Cprranissfan perjury that the foregoing Is true and _ Pub.D.P.June 22,1984) " correct. Dated Desert Californla,this..z;a.dayof..',�,une, 19.8.4. 17 Signature- :A M«"l lq$1 M4 Ma"Wall may N IycwN I1,8II9 ' CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 West Second St., Los Angeles,Calif. M'12 Telephone; (2i3) 625.2541 PINM ro"HI a of RAI.Pro"at PWIwIM11 J rb,I~1144 fA4 br11I. E 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (619) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: August 8, 1984 MR. RALPH SANTOPIETRO P.O. Box 1166 Rancho Mirage, CA 92270 Re: PP 84-22 and PMW 84-9 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of August 7, 1984. Approved by Adoption of Resolution No. 977 and Recommending to City Council Approval of a Development Agreement 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. `4sild°/ /v it' RAMON A. DIAZ, SECRETARY PLANNING COMMISSION RAD/tm cc: File(s) C.V. Water District I PLANNING COMMISSION RESOLUTION NO. 977 A RESOLUTION OF THE PLANNING COMMISSION OF TAE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN, PARCEL MAP WAIVER, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A DEVELOPMENT AGREEMENT TO ALLOW CONSTRUCTION OF A 12 UNIT APARTMENT PROJECT AT THE SOUTHEAST CORNER OF SAN PABLO AND SANTA ROSA. CASE NOS. PP 84-22 and PMW 84-9 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of July, 1984, hold a duly noticed public hearing and on July 17, 1984, a continued public hearing to consider a request by RALPH SANTOPIETRO for approval of a precise plan of design, parcel map waiver, negative declaration of environmental impact, and development agreement to allow construction of a 12 unit apartment complex on a 38,111 square foot site at the southeast corner of San Pablo and Santa Rosa. WHEREAS, said application has complied with. the requirements of the "City of Palm Desert Procedures for Implementation of the California Environmental Quality Act, Resolution No. 80-89;1in that the director of environmental services has determined that the project will not have a negative impact on the environment and a Negative Declaration has been prepared. WHEREAS, at said pulbic 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 its actions: 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. 4. That the proposed waiver to consolidate two lots into one lot and that resulting parcel complies with applicable requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the municipal code. 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 84-22 is hereby granted for reasons subject to the attached conditions. 3. That approval of PMW 84-9 is hereby granted. 4. That a negative declaration of environmental impact is hereby approved subject to implementation of the attached conditions. 5. Approval of the Santopietro Development Agreement, Exhibit 'A' is recommended to the city council. r PLANNING COMMISSION RESOLUTION NO. 977 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th day of August 1984, by the following vote, to wit: AYES: DOWNS, ERWOOD, WOOD, AND CRITES NOES: NONE ABSENT: RICHARDS ABSTAIN: NONE BUFO CRITES, Chairman ATTEST: / RAMON A. DIAZ, cr y /tm � r PLANNING COMMISSION RESOLUTION NO. 977 CONDITIONS OF APPROVAL Case No. PP 84-22 Department of Environmental Services: 1. The development of the property shall conform substantially with exhibits on file with the department of environmental services, as modified by the following conditions. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, architectural commission, subdivision process, and building permit procedures. 3. Construction of a portion of said project shall commence within one year from the date of final approval unless a time extension is granted, otherwise said approval shall become null, void and of no effect whatsoever. 4. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 5. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District Palm Desert Water and Services District Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 6. Location and design of trash enclosures shall be coordinated with Palm Desert Disposal Company. 7. Project to be provided with a minimum six foot high solid masonry wall along perimeter property lines (except for approved openings) or other walls or features as may be acceptable to Architectural Commission. 8. Twenty-five percent (25%) of the units shall be reserved and affordable for moderate income households. Prior" to issuance of a building permit, the owner shall execute an agreement with the city specifying the terms and conditions by which the required moderate income units shall be rented and controlled. 9. That the owner (developer) prior to issuance of building permit, provide evidence to the city that he has paid school mitigation fee ($628/unit) to the Desert Sands Unified School District. Department of Public Works: 10. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 11. Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drainage Plan, to the specifications of the Director of Public Works. -3- PLANNING COMMISSION RESOLUTION NO. 977 12. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 13. Full public improvements, including traffic safety lighting, as required by ordinance and the Director of Public Works, shall be installed in accordance with city standards. 14. Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as-built" plans prior to acceptance of the improvements by the city. 15. Landscaping maintenance on San Pablo/Santa Rosa shall be provided by the owners. 16. Existing utilities on Santa Rosa shall be undergrounded. 17. 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. 18. Dedication of five feet of right-of-way on Santa Rosa shall be done prior to issuance of any permits and approval of plans. 19. Installation of curb and gutter at eighteen feet from centerline, matching paving and sidewalk on Santa Rosa. 20. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the required offsite improvements prior to building permits being issued. 21. Size, number and location of driveways to Public Works specifications. 22. Only one driveway approach will be allowed to serve this property. Size and location to Public Works specifications. Palm Desert Water dr Services District: 23. Frontage fee of $12.00 per foot will be imposed along Santa Rosa Way. 24. The District will install four 1Y:-inch water meters at a cost of $1,150 each. 25. The water service installation charges will be as follows: Four-inch water meter @ $1,150/each $4,600 Frontage Fee for 260 feet @ $12.00/ft. 33,120 TOTAL $7,720 26. All fees and meter installation charges must be paid before the installation work will begin. 27. At least on week advance notice should be given. 28. There is an existing fire hydrant approximately 225' east of the project site. Also, there is an existing hydrant across San Pablo Avenue to the west which may have to be upgraded. Also, the addition of any fire hydrants or the relocation of any existing, if required by the City Fire Marshall would be completed at the owner's expense. Fire Department: 29. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a two (2) hour duration in addition to domestic supply. The -4- l � 1 PLANNING COMMISSION RESOLUTION NO. 977 computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. Fire flow requirements will depend on built-in fire protection provisions of buildings. 30. Install Riverside County super fire hydrants located: a. install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. b. exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. C. curbs shall be painted red 15 feet in either direction from each hydrant. d. hydrants shall not be located closer than 25 feet to any building. 31. Prior to issuance of a building permit, the developer shall furnish the original and three copies of the water system plan to the Fire Marshal for review. Upon approval one copy will be sent to the Building Department, and the original will be returned to the developer. 32. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in PP 84-22 is in accordance with the requirements prescribed by the Fire Marshal." 33. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 34. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 35. Dead end access not to code. -5- PLANNING COMMISSION RESOLUTION NO. 977 EXHIBIT "A" RALPH SANTOPIETRO 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 Ralph Santopietro, (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 precise plan (PP 84-22) to construct 12 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 84-22 (hereinafter "PROJECT") 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 12 rental residential units on the PROPERTY by Precise Plan 84-22 and Planning Commission Resolution No. 977. As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent 3 units for moderate income households. Hereinafter these 3 units shall be referred to as "AFFORDABLE UNITS". These AFFORDABLE UNITS shall consist of three (3) two bedroom two bath units. PLANNING COMMISSION RESOLUTION NO. 977 2. Ac used herein, "moderate income households" shall refer to families or individuals whose gross income does not exceed the Riverside 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 data is made available by other officially recognizedagencies, a encies the applicant may request amendment of this agreement to include such data. 3. Rent for AFFORDABLE UNITS shall not exceed 30% of the gross income of moderate income households. The maximum rent for the three (3) two bedroom, two bath units shall be based on income figures for 3 person households, resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. 3 - 2 bedroom 2 bath $564 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 AFFORDABLE UNITS shall be equipped in the same fashion and their exterior shall be identical in quality and desirability as other units in the project. The AFFORDABLE UNITS shall be evenly dispersed throughout the project. The exact location of the AFFORDABLE UNITS shall be changed from time to time as vacancies permit. 6. The DEVELOPER shall maintain the quality of the buildings, grounds and recreation facilities consistent with their condition at the time of issuance -- - - -- - - — — - F------ - PLANNING COMMISSION RESOLUTION NO. 977 of certificate of occupancy. The DEVELOPER shall post a $2,500 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 nun for thirty years during which period 3 aforementioned AFFORDABLE UNITS shall be reserved for moderate income households. This agreement has been prepared based on the premise that the PROJECT would be operated as rental housing. The DEVELOPER or his successor may apply to amend this agreement to allow conversion to condominium. The DEVELOPER will be required to conform to all applicable zoning and building regulations in effect at this time. The amendment shall include a program to maintain the availability of the AFFORDABLE UNITS for moderate income households throughout the remaining term of the agreement. g 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 i i I' PLANNING COMMISSION RESOLUTION NO. 977 pgrmits associated herewith and the zoning of the property shall revert to the base R-2. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated, then enforcement of provisions of this agreement shall be pursued through legal action per No. 8 of this AGREEMENT. 10. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 11. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting'in his official capacity. IN WITNESS WHEREOF the parties have executed this Agreement the year and date first above written. THE CITY OF PALM DESERT By By DEVELOPER (Notarized) RABy LPH SANTOPIETRO ATTEST: r PLANNING COMMISSION RESOLUTION NO. 977 EXHIBIT "2" Income Limits Median Family Income Persons in the Family Riverside/San Bernardino Counties 3 $22,562 Definition: Moderate Income: Households with incomes above 80% of the Median Family Income for the number of persons in the family, but below the median delineated above. City of Palm Desert Staff Report TO: Planning Commission DATE: August 7, 1984 CASE NO: PP 84-22 and PMW 84-9 REQUEST: Approval of a precise plan of design, negative declaration of environmental impact, and parcel map waiver to consolidate the site into one lot to allow construction of a 12 unit apartment project (utilizing 25% density bonus allowed by state law) in the R-2 zone located at the southeast corner of San Pablo and Santa Rosa. APPLICANT: Ralph Santopietro P.O. Box 1166 Rancho Mirage, CA 92270 ARCHITECT: Charles L. Martin 73-725 E1 Paseo, Suite 24C Palm Desert, CA 92260 I. BACKGROUND: A. DESCRIPTION OF SITE: The property is a flat, vacant 38,111 square foot ILI shaped site. Above ground power lines exist along the north, south, and west sides of the site. Also, along the west property line adjacent to San Pablo are several large tamarisk trees. Along the south property line around the developed site is a cedar board fence. B. ADJACENT ZONING AND LAND USE: North: R-2/Vacant - Formerly Macco Constructors South: R-I/Vacant East: R-2/Vacant West: R-2/Vacant C. GENERAL PLAN LAND USE DESIGNATION: Medium density residential, 5-7 d.u./acre. II. PROJECT DESCRIPTION: A. GENERAL: The project consists of 12 two bedroom apartment units provided in three buildings utilizing two story structures. Each of the units will be 885 square feet. The R-2 zone allows one unit for every 4,000 square feet of lot area. The three buildings will be located adjacent to San Pablo and along Santa Rosa. A 25 foot driveway along the east property line provides access to parking located at the southeast portion of the property. B. DENSITY: As stated previously, the R-2 zoning permits one unit for every 4,000 square feet. For this 38,111 square foot lot, 9 units would be permitted. Chapter 4.3 of the State Planning Law (California Code No. 65915) states that should a developer provide at least 25% of the units within a housing project affordable to low or moderate income households, the city shall grant a density bonus or increase of at least 25% over the number of units allowed by the zoning. If the city does not grant the increased density, then it must provide equivalent financial incentives. - 1 - PP 84-22 and PMW 84-9 Continued August 7, 1984 In this case the density bonus would increase the permitted number of units to 11.9 units. The zoning ordinance makes provisions (Section 25.56.160) to allow the additional unit, "if after dividing the area of a site in a residential district by the site area required per dwelling unit, a remainder equal to greater than ninety percent (90%) of the area required for an additional dwelling unit may be located on the site; provided that all other applicable yard open space, bulk, and parking regulations are met." The additional three units will have to be affordable to moderate income households (three person households) earning less that $22,562. Maximum rent for these three units initially will be $564.00 per month. A development agreement (draft copy attached) will have to be approved by the city council prior to issuance of any building permits. The increased density will not result in significant negative traffic or aesthetic impacts. C. PARKING: Code requires that a total of at least 24 parking spaces be provided for a 12 unit apartment complex of which at least 12 must be covered. The project provides 30 parking spaces (12 covered and 18 open). The extra 6 spaces would permit a future conversion of condominiums should the owner choose to do so. (A discussion of the implications the conversion to condominiums would have on the development agreements is provided later in the report.) D. ARCHITECTURE/DESIGN: The three buildings are proposed to be spanish in nature. More complete architectural plans will be reviewed and must be approved by the Architectural Commission. III. ANALYSIS: A. FINDINGS FOR APPROVAL OF PRECISE PLAN: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. Response: The precise plan as approved will comply with code requirements; architectural plans must be approved by the architectural commission and the project will be the first new development in the area in some time. The project should not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use of and enjoyment of property in the vicinity by the occupants thereof for lawful purposes. Response: The surrounding land in the vicinity is zoned for the same type of use as proposed, and owners would not be deprived the use of their land. 3. The precise plan will not endanger the public peace, health, safety, or general welfare. Response: The precise plan will comply with all code requirements and must receive architectural commission approval and will not be detrimental to the public peace, health, safety, or general welfare. The plan as submitted complies with code. Commission should review the precise plan and determine its adequacy relative to the required findings. - 2 - PP 84-22 and PMW 84-9 Continued August 7, 1984 B. FINDINGS FOR APPROVAL OF PARCEL MAP WAIVER: The required findings for approval are that the proposed waiver and the resulting parcels comply with applicable requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the municipal code. These findings can be justified because the project complies with applicable city ordinances and can be serviced adequately by the utilities. C. ENVIRONMENTAL REVIEW: The director of environmental services has determined that the proposed project will not have an adverse environmental impact on the environment and a negative declaration of environmental impact has been prepared. IV. POSSIBLE FUTURE CONVERSION TO CONDOMINIUM: As indicated in the "Parking" section, the applicant may in the future wish to convert the units from rental to condominium. This may be possible; however, the development agreement will have to be amended at that time to establish a maximum sales price and resale controls for the three affordable units. V. RECOMMENDATION: The plan as submitted complies with code. Should commission wish to approve the proposed precise plan, parcel map waiver, and negative declaration of environmental impact, the appropriate action would be: A. Adoption of the findings. B. Adoption of Resolution No. , approving PP 84-22 and PMW 84-9. VI. ATTACHMENTS: A. Draft Resolution B. Legal Notice C. Draft Development Agreement D. Comments from City Departments and Agencies E. Plans and Exhibits Prepared by:�,(' � Lgk Reviewed and approved by: kl/,, nmq, /tm - 3 - PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN, PARCEL MAP WAIVER, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A DEVELOPMENT AGREEMENT TO ALLOW CONSTRUCTION OF A 12 UNIT APARTMENT PROJECT AT THE SOUTHEAST CORNER OF SAN PABLO AND SANTA ROSA. CASE NOS. PP 84-22 and PMW 84-9 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of July, 1984, hold a duly noticed public hearing and on July 17, 1984, a continued public hearing to consider a request by RALPH SANTOPIETRO for approval of a precise plan of design, parcel map waiver, negative declaration of environmental impact, and development agreement to allow construction of a 12 unit apartment complex on a 38,111 square foot site at the southeast corner of San Pablo and Santa Rosa. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of environmental services has determined that the project will not have a negative impact on the environment and a Negative Declaration has been prepared. WHEREAS, at said pulbic 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 its actions: 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. 4. That the proposed waiver to consolidate two lots into one lot and that resulting parcel complies with applicable requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the municipal code. 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 84-22 is hereby granted for reasons subject to the attached conditions. 3. That approval of PMW 84-9 is hereby granted. 4. That a negative declaration of environmental impact is hereby approved subject to implementation of the attached conditions. 5. Approval of the Santopietro Development Agreement, Exhibit 'C' is recommended to the city council. PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th day of August, 1984, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary Am PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL Case No. PP 84-22 Department of Environmental Services: 1. The development of the property shall conform substantially with exhibits on file with the department of environmental services, as modified by the following conditions. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, architectural commission, subdivision process, and building permit procedures. 3. Construction of a portion of said project shall commence within one year from the date of final approval unless a time extension is granted, otherwise said approval shall become null, void and of no effect whatsoever. 4. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 5. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District Palm Desert Water and Services District Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 6. Location and design of trash enclosures shall be coordinated with Palm Desert Disposal Company. 7. Project to be provided with a minimum six foot high solid masonry wall along perimeter property lines (except for approved openings) or other walls or features as may be acceptable to Architectural Commission. 8. Twenty-five percent (25%) of the units shall be reserved and affordable for moderate income households. Prior to issuance of a building permit, the owner shall execute an agreement with the city specifying the terms and conditions by which the required moderate income units shall be rented and controlled. 9. That the owner (developer) prior to issuance of building permit, provide evidence to the city that he has paid school mitigation fee ($628/unit) to the Desert Sands Unified School District. Department of Public Works: 10. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 11. Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drainage Plan, to the specifications of the Director of Public Works. 12. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. -3- PLANNING COMMISSION RESOLUTION NO. 13. Full public improvements, including traffic safety lighting, as required by ordinance and the Director of Public Works, shall be installed in accordance with city standards. 14. Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as-built" plans prior to acceptance of the improvements by the city. 15. Landscaping maintenance on San Pablo/Santa Rosa shall be provided by the owners. 16. Existing utilities on Santa Rosa shall be undergrounded. 17. 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. 18. Dedication of five feet of right-of-way on Santa Rosa shall be done prior to issuance of any permits and approval of plans. 19. Installation of curb and gutter at eighteen feet from centerline, matching paving and sidewalk on Santa Rosa. 20. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the required offsite improvements prior to building permits being issued. 21. Size, number and location of driveways to Public Works specifications. 22. Only one driveway approach will be allowed to serve this property. Size and location to Public Works specifications. Palm Desert Water dr Services District: 23. Frontage fee of $12.00 per foot will be imposed along Santa Rosa Way. 24. The District will install four IYz-inch water meters at a cost of $1,150 each. 25. The water service installation charges will be as follows: Four-inch water meter @ $1,150/each $4,600 Frontage Fee for 260 feet @ $12.00/ft. 33,120 TOTAL $7,720 26. All fees and meter installation charges must be paid before the installation work will begin. 27. At least on week advance notice should be given. 28. There is an existing fire hydrant approximately 225' east of the project site. Also, there is an existing hydrant across San Pablo Avenue to the west which may have to be upgraded. Also, the addition of any fire hydrants or the relocation of any existing, if required by the City Fire Marshall would be completed at the owner's expense. Fire Department: 29. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a two (2) hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. Fire flow requirements will depend on built-in fire protection provisions of buildings. -4- PLANNING COMMISSION RESOLUTION NO. 30. Install Riverside County super fire hydrants located: a. install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. b. exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. C. curbs shall be painted red 15 feet in either direction from each hydrant. d. hydrants shall not be located closer than 25 feet to any building. 31. Prior to issuance of a building permit, the developer shall furnish the original and three copies of the water system plan to the Fire Marshal for review. Upon approval one copy will be sent to the Building Department, and the original will be returned to the developer. 32. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in PP 84-22 is in accordance with the requirements prescribed by the Fire Marshal." 33. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 34. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 35. Dead end access not to code. -5- CITY OF PALM E F D S _RT LEGAL NOTICE CASE NO. PP 84-22 and PiMW 84-9 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by RALPH SANTOPIETRO for approval of a precise plan of design to allow 12 residential units, a parcel map waiver to consolidate the two lots into one property, and a negative declaration of environmental impact as it relates thereto, for a 38,111 square foot property in the R-2 zone, located at the southeast corner of San Pablo and Santa Rosa, more particularly described as: APN 627-102-001 627-102-004 R: 1 �tR • 1 Rrl SERT � ��� �.•�., R11 � RBI formerly ii `/ FRED R-2 ( - F? -li ID- pD s, P R -2 7) i I :R 2 'I r I� Li r--'--- , IL 1 � -- — SUBJECT Pl'OPERIY i R I 10 000 - _ :A R - I -- - � 2 R- 2 R - 2 (7) A R I R= 1 J 4 18 00 14,0 R•2 (5) ff2.(5 2 R_ 13 SAID Public Hearing will be held on Tuesday, July 3, 1984, at 7:00 p.m., in the Council Chamber at 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. DIA7, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post June 22, 1984 AM PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" RALPH SANTOPIETRO 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 Ralph Santopietro, (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 precise plan (PP 84-22) to construct 12 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 84-22 (hereinafter "PROJECT") 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 12 rental residential units on the PROPERTY by Precise Plan 84-22 and Planning Commission Resolution No. . As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent 3 units for moderate income households. Hereinafter these 3 units shall be referred to as "AFFORDABLE UNITS". These AFFORDABLE UNITS shall consist of three (3) two bedroom two bath units. PLANNING COMMISSION RESOLUTION NO. 2. As used herein, "moderate income households" shall refer to families or individuals whose gross income does not exceed the Riverside 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 data is made available by other officially recognized agencies, the applicant may request amendment of this agreement to include such data. 3. Rent for AFFORDABLE UNITS shall not exceed 30% of the gross income of moderate income households. The maximum rent for the three (3) two bedroom, two bath units shall be based on income figures for 3 person households, resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. 3 - 2 bedroom 2 bath $564 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 AFFORDABLE UNITS shall be equipped in the same fashion and their exterior shall be identical in quality and desirability as other units in the project. The AFFORDABLE UNITS shall be evenly dispersed throughout the project. The exact location of the AFFORDABLE UNITS shall be changed from time to time as vacancies permit. 6. The DEVELOPER shall maintain the quality of the buildings, grounds and recreation facilities consistent with their condition at the time of issuance PLANNING COMMISSION RESOLUTION NO. of certificate of occupancy. The DEVELOPER shall post a $2,500 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 3 aforementioned AFFORDABLE UNITS shall be reserved for moderate income households. This agreement has been prepared based on the premise that the PROJECT would be operated as rental housing. The DEVELOPER or his successor may apply to amend this agreement to allow conversion to condominium. The DEVELOPER will be required to conform to all applicable zoning and building regulations in effect at this time. The amendment shall include a program to maintain the availability of the 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 PLANNING COMMISSION RESOLUTION NO. permits associated herewith and the zoning of the property shall revert to the base R-2. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated, then enforcement of provisions of this agreement shall be pursued through legal action per No. 8 of this AGREEMENT. 10. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 11. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. IN WITNESS WHEREOF the parties have executed this Agreement the year and date first above written. THE CITY OF PALM DESERT By By DEVELOPER (Notarized) By RALPH SANTOPIETRO ATTEST: PLANNING COMMISSION RESOLUTION NO. EXHIBIT "1" Property Description Lots 1 and 4, Palma Village Groves, Map Book 10/31. PLANNING COMMISSION RESOLUTION NO. EXHIBIT "2" Income Limits Median Family Income Persons in the Family Riverside/San Bernardino Counties 3 $22,562 Definition: Moderate Income: Households with incomes above 80% of the Median Family Income for the number of persons in the family, but below the median delineated above. INTEROFFICE MEMORANDUM City of Palm Desert _ 7. TO: Director of Environmental Services FROM: Director of Public Works SUBJECT: PP 84-22 - RALPH SANTOPIETRO OATE: June 14, 1984 The following should be considered as conditions of approval : (1) Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. (2) Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drainage Plan, to the specifications of the Director of Public Works. (3) Additional storm drain construction shall be contingent upon a drainage study by the private engineer. (4) Full public improvements, including traffic safety lighting, as required by ordinance and the Director of Public Works, shall be installed in accordance with city standards. (5) Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construc- tion of any improvements is commenced. The subdivider shall submit "as-built" plans prior to acceptance of the improvements by the city. (6) Landscaping. maintenance on San Pablo Avenue/Santa Rosa shall be provided by the owners. (7) Existing utilities on Santa Rosa shall be undergrounded. (8) Complete grading plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval prior to issuance of any permits. . (9) Dedication of five feet of right-of-way on Santa Rosa shall be done prior to issuance of any permits and approval of plans. (10) Installation of curb and gutter at eighteen feet from centerline, matching paving and sidewalk on Santa Rosa. (11) Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the required offsite improvements prior to building permits being issued. (12) Size, number and location of driveways to Public Works specifications. (13) Only one driveway approach will be allowed to serve this property. Size and location to Public Works specifications. 6U �7x ajol-I YYCCLELLAN, P.E. BDM/ms J. Pain 2elert Water Servicee 2ijfrict 44600 PORTOLA AVENUE BOX 161 PALM DESERT, CALIFORNIA 92261 r�7 BOARD OF DIRECTORS ., Phone:(619)346.6338 ROBERT C. H. LAWMAN,President � R.CLAIR McDONOUGH ,l SHARON K. EPPS w PHYLLIS GRIGGS, District Secretary Mr . Ramon Diaz ^✓i Director , Environmental Services �r<'s City of Palm Desert 73-510 Fred Waring Drive Palm Desert , California 92260 Re : Case No . PP 84- 22 Ralph Santopietro , 12-Unit Apartment Complex Lots 1 and 4 Palm Village Garden Tract , Santa Rosa Way Dear Mr . Diaz : In response to your letter regarding the above referenced pr; iect , we would like to make the following comments : : . =.-ontage fee of $12 . 00 per foot will be imposed along Santa Rosa Way . 2 . The District will install four 1k-inch water meters at a cost of $1 , 150 each each. 3 . The water service installation charges will be as follows : Four-inch water meter ( $1 . 150/each $4 , 600 Frontage Fee for 260 feet r $12 . 00/ft . 3 , 120 TOTAL $7 , 720 4 . All fees and meter installation charges must be paid before the installation work will begin. At least one week advance notice should be given . 6 . There is an existing fire hydrant approximately 225 ' east of the project site. Also there is an existing hydrant across San Pablo Avenue to the west which may have to be upgraded . Also , the addition of any fire hydrants or the relocation of any existing , if required by the City Fire Marshall would be completed at the owner ' s expense . Mr . Ramon Diaz June 8 , 1984 Page 2 If you have any questions in regard to the above , please do not hesitate to contact us . Very truly yours , Robert Lawman , President Palm Desert Water Services District RL : DGS : dm r -- -"ni r cnowc c.vvi. i i FIRE DEPARTMENT ~ r• IN COOPERATION WITH THE C VNTY_ CALIFORNIA DEPARTMENT OF FORESTRY RIVERS DAVID L.FLAKE � o FIRE CHIEF 210 WEST SAN IACIIM AVENUE June 11 1984 �_ PERRIS,CALIFORNIA 92370 > , ,.\ 2'ELEPHONE:(714)657.3103 Ramon A. Diaz Director of Environmental Services +s 73-510 Fred Waring Drive Palm Desert, CA 92260 Reference: Case No. PP 84-22 Appliant: Ralph Santopietro Dear Mr. Diaz: The following fire protection requirements are in accordance with the Uniform Fire Code and Life Safety Code standards. 1. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a two (2) hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. Fire flow requirements will depend on built-in fire protection provisions of buildings. 2. Install Riverside County super fire hydrants located: a. install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. b. exterior surface of hydrant barrels and heads shall be painted chrome yellow, _ and the tops and nozzle caps shall be painted green. c. curbs shall be painted red 15 feet in either direction from each hydrant. d. hydrants shall not be located closer than 25 feet to any building. 3. Prior to issuance of a building permit, the developer shall furnish the original and three copies of the water system plan to the Fire Marshal for review. Upon approval, one copy will be sent to the Building Department, and the original will be returned to the developer. 4. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in PP 84-22 is in accordance with the requirements prescribed by the Fire Marshal." S. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. Ramon A. Diaz 6/11/84 Dir. of Env. Serv. Page 2. Palm Desert 6. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 7. Dead end access not to code. Sincerely, DAVID L. FALKE Fire Chief By 4e� �G Eric L. Vogt Fire Marsha to cc: Bob Mainiero PDWS i _.�,.L` =�1'1 -."1.. •. .,�Il� '.a� :JV1ili .,`.f 3700 CENTRAL AVENUE • RIVERSIDE, CALIFORNIA MAILING ADDRESS: P. O. BOX 2200, RIVERSIDE. CALIFORNIA 92516-2200 June 11, 1984 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 REFERENCE: PP 84-22 This letter is not to be interpreted as a contractual commitment to serve the proposed projects; but only as an information service. Its intent is to notify you that the Southern California Gas Company—has facilities in the area where the ,' above named project is proposed . Gas service to the project can be provided without any significant impact on the environment. The service would be in accordance with the Company' s policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made. In conclusion, no objection , recommendations or other comment is being made. Sincerely, - Carmen Richards Distribution Planning Aide CR:mac ESTABLISHED IN 1918 AS A PUBLIC AGENCY ` COACHELLA VALLEY WATER DISTRICT ` POST OFFICE BOX 1058• COACHELLA, CALIFORNIA 92236 •TELEPHONE(619)398­2651 OFFICERS DIRECTORS LOWELL O.WEEKS,GENERAL MANAGER-CHIEF ENGINEER RAYMOND R.RUMMONOS.PRESIDENT BERNAROINE SUTTON.SECRETARY TELLIS CODEKAS,VICE PRESIDENT REDW INE AND SHERWLL.ATTORNEYS JOHN P.POWELL PAUL W.NICHOLS June 15, 1984 STEVE D.BUXTON File: 0163. 11 0721.1 Department of Environmental Services City of Palm Desert Post Office Box 1977 Palm Desert, California 92261 Gentlemen: Subject: Precise/Plan 84-22, Portion of NEk, Section" 20, Township 5 South, Range 6 East San Bernardino Meridian This area is protected from stormwater flows by a system of channels and dikes, and may be considered safe from stormwater flows except in rare instances. This area is shown to be subject to shallow flooding and is designated Zone AO, depth one foot on Federal Flood Insurance rate maps which are in effect at this time. However, we expect the map to be revised due to the construction of the Palm Valley Stormwater Project. The District will furnish sanitation service to this area in accordance with the current regulations of this District. This area shall be annexed to Improvement District Nos. 54 and 80 of Coachella Valley Water District for sanitation service. Yours very truly, zJ d�� Lowell 0. Weeks Genlral Manager-Chief Engineer CS:ra cc: Riverside County Department of Public Health, Indio TRUE CONSERVATION USE WATER WISELY ri � :' - a .. .: a _..'.. •. .. . _ PP 84-22 and ".. .. .i" . l CASE NO. P114! 34-9 �$tro� OO 2 3ILi i I �S�=P129 ENVIAODZ=TAL SERVICES DEPT. INITIAL STUDY ENVIRONMENTAL EVALUATION CHECKLIST NOTE: The availability of data necessary to address the topics listed below shall form the basis of a decision as to whether the application is considered complete for purposes of environmental assessment. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers, possible mitigation measures and comments are provided on attached sheets) . . , Yes Maybe No 1 . Earth. Will the proposal result in: a. Unstable earth conditions or in changes in 110/ geologic substructures? b. Disruptions , displacements , compaction, or overcovering of the soil ? c. Change in topography or ground surface relief ✓ features? d. The destruction, covering.• or modification _ of any unique geologic or physical features? V e. Any increase in wind or water erosion of / soils , either on or off the site? V 2. Air. Will the proposal result in: a. Air emissions or deterioration of ambient air / quality? V/ b. The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature, or any change in climate, / either locally or regionally? 2, Yes Maybe No 3. Water. Will the proposal result in: a,-:, Changes in currents, `or the course or / I direction of water movements? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? c. Alterations to the course or flow of flood waters? V d. Alteration of.the direction or rate of / flow of ground waters? 1/ e. Change in the quantity of_ground waters, 1 either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? f. Reduction in the amount of water other- wise available for public water supplies? 1/ 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of plants (including trees , shrubs , grass , and crops )? - b. Reduction of the numbers of any unique, rare, or endangered species of plants? c. Introduction of new species of plants into an area , or in a barrier to the normal replenishment of existing species? S. Animal Life. Will the proposal result in: a. Changes in the diversity of species , or numbers of any species of animals (birds , land animals including reptiles , or — — insects)? b. Reduction of the numbers of any unique, rare, or endangered species of animals? V c. Introduction of new species of animals into an area, or result in a barrier. to / the migration or movement of animals? d. Deterioration to existing wildlife j habitat? V 5 9 ti 3. Yes Mtabe No 6. Natural Resources. Will the proposal result in: a. Increase in .•:the rate of use of any natural resources? - r — — b. Depletion ofeany non-renewable natural resource? — o. 7. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? — — b. Demand upon existing sources of energy, or re- quire the.development of new sources of / energy? V sti — — — 8. Risk of Upset:;;Does the proposal involve a risk of an explosion or the release of hazardous substances (including, but not, limited to, pesticides, oil , chemicals, or radiation) in the event of an accident or upset conditions? 9. Economic Loss. Will the proposal result in: a a. A change in the value of property and improvements endangered by flooding? t, - — — b. A change in the value of property and improvementsrexposed to geologic hazards beyond accepted community risk standards? v 10. Noise. Will the proposal increase existing noise levels toethe point at which accepted community noise and vibration levels are / exceeded? v e — — 11. Land Use. Willethe proposal result in the as t�tion of the present developed or planned land use of an area? 12. Open Space. Will the proposal lead to a decrease in the .amount of designated open / space? 13. Population. Will the proposal result in: a. Alteration OF the location, distribution, density, or growth rate of the human population of- the Citv? _ b. Change in the population distribution by v aye, income, 4-eligion, racial , or ethnic group , occupational class , household type? — — 4. Yes Maybe No 14. Emollo en_t. Will the proposal result in additional new long-term jobs provided, or a change in the number and per cent employed, unemployed, and underemployed? 15. Housing. Will the proposal result in: a. Change in number and per cent of housing units by type (price or rent range, zoning category, owner-occupied and rental , etc. ) relative to demand or to number of families in various income classes in the City? _ b. Impacts on existing housing or creation of a — demand for additional housing? 16. TransPortation/Circulation. Will the proposal / resu�it -in: a. Generation of additional vehicular movement? V b. Effects on existing parking facilities, or demand for new parking? c. Impact upon existing transportation systems? d. Alterations to present patterns of circulation / or movement of people and/or goods? e. Increase in traffic hazards to motor vehicles , / bicyclists, or pedestrians? V 17. Public Services. Will the proposal have an effect upon, or result in a need for, new or altered governmental services in any of the following areas: / a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities , including ✓ roads? / f. Other governmental services? _ _ V t - Yes Maybe No 18. Public Fiscal Balance. Will the proposal result in a net change in government fiscal flow (revenues less operating expenditures and annualized capital expenditures)? 19. Utilities. Will the proposal result in a need for new systems, or alterations to the following utilities: Power or- natural gas? _ v b. Communications system? _ _ c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 20. Human Health. Will the proposal result in: a. The creation of any health hazard or " potential health hazard? b. A change in the level of cormunity health / care provided? 21 . Social Services. Will the proposal result in an increased demand for provision of general social services? V 22. Aesthetics . Will the proposal result in: a. Obstruction of any scenic vista or view • / open to the public? V b. The creation of an aesthetically offensive s / site open to public view? V c. Lessening of the overall neighborhood (or area) attractiveness, pleasantness, _ -- / and uniqueness? \/ 23. Liaht and Glara. Will the proposal produce nesa lg t or g are? 24. Archeological/Historical . Will the proposal archresultin an alteration piston ca a significant — — archeological or historical site, structure, object, or building? 6. Yes Maybe No ZS. Mandatory findings of Significance. a. Does the project have the potential to degrade the quality of the environment or to curtail the diversity in the environment? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental .goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into J .V/ the future. ) c. Does the project have impacts which are indi- vidually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small , but where the effect of / the total of those impacts on the environment is significant. ) d. Does the project have environmental effects which will cause substantial adverse effects \. on human beings , either directly or indirectly? Initial Study Prepared By: tK� INITIAL STUDY Environmental Evaluation Checklist explanation of "yes" and "maybe" answers, possible mitigation measures, and comments. 1. EARTH b. The soil on the site, which is vacant, will be over-covered by virtue of construction, paving, and landscaping. This activity of the proposed site would not have a negative impact on the environment and no mitigation measures are necessary. e. This proposal may result in temporary wind erosion of soil due to construction—Mitigation of impacts will occur by compliance with city requirements for watering during grading and construction phases. 3. WATER b. This proposal will result in a change in absorption rates, drainage patterns, and the rate and amount of surface runoff by virtue of development. Compliance with applicable grading ordinances at time of development will mitigate any adverse impacts. 11. LAND USE The proposed residential project, while not altering the planned residential land use in the area, is requesting approval of 25% density bonus as allowed by state law. Therefore, instead of 9 units, the proposal is for 12 units. No mitigation measures are necessary since the project complies with applicable city codes and would provide some affordable housing. 15. HOUSING a. The proposed project, if approved, will add 3 moderately priced and controlled units to the city's housing supply. A need for moderately priced rental housing was identified in the recently prepared housing element update. 16. TRANSPORTATION/CIRCULATION a. The 12 units could generate up to 10 trips per unit per day. That would amount to 120 trips per day for the project. Trip distribution will be primarily towards Highway 111 and Fred Waring from San Pablo and the driveway on Santa Rosa. As mitigation measures, street dedications (where applicable) and street improvements will have to be provided. 17. PUBLIC SERVICES C. The Desert Sands Unified School District has advised the city that it is currently experiencing overcrowding conditions and that to mitigate this problem, a school impact mitigation fee of $628 per unit is required. The application has been conditioned to require payment of said fee. 23. LIGHT AND GLARE There may be some new lighting provided for safety, security, and aesthetic reasons. Mitigation measures will include utilization of lights designed for the appropriate use and provided with shields where necessary. I - QD 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 NEGATIVE DECLARATION (Pursuant to Title 14, Division 6, Article 7, Section 15083,. of the California Administrative Code). Case No- PP 84-22 and PMW 84-9 Applicant/Project Sponsor: RALPH SANTOPIETRO P.O. Box 1166 Rancho Mirage, CA 92270 Charles L. Martin 73-725 El Paseo, Suite 24C El Paseo, CA 92260 Project Description/Location: Twelve (12) unit apartment complex at the southeast corner of San Pablo and Santa Rosa. The Director of Environmental Services, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the- initial study has been attached to document the reasons in support of this finding. Mitigation measures, if_ any, included in the project to avoid potentially significant effects, may also be found attached. RAMON A. DIAZ DATE Director of Environmental-Services RAD/tm JUNE 29, 1984 CITY OF PALM DESERT LEGAL NOTICE Case: SANTOPIETRO DEVELOPMENT AGREEMENT NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by RALPH SANTOPIETRO for approval of a development agreement specifying terms and conditions for the management of a 12 unit apartment complex which will include 3 units affordable by moderate income households, located at the southeast corner of San Pablo and Santa Rosa Way, more particularly described as: APN 627-102-001 and 627-102-004 a � R-1 R` 1 R�. `r = ESERT ~P +ANC N,, l UFt R + I former _ r I - r I fob Y R - 2R -2 (7fT _ 2 iS p •1 S At, T A RC SA a < N A Y ,, , f SUBJECT PROPERTY ELI bi i _ N J c.. m 2 4 :R-2 LL f} R - 2 (7l 7 - R�1 R7- Z __ ,. Ry1 R . l R+ � - 18,00 14,0 , ( 5) w R-2 (51 R•2(5) . 1 .; : Q H � R-1 YJ � w N R=.3 ., �l R13 . SAID Public Hearing will be held on July 26, 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. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post July 13, 1984 Am I TUNE 29, 1984 CITY OF PALM DESERT LEGAL NOTICE Case: SANTOPIETRO DEVELOPMENT AGREEMENT NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by RALPH SANTOPIETRO for approval of a development agreement specifying terms and conditions for the management of a 12 unit apartment complex which will include 3 units affordable by moderate income households, located at the southeast corner of San Pablo and Santa Rosa Way, more particularly described as: APN 627-102-001 and 627-102-004 i r , Rri . RL'.4�,Tllel I' . I ' R. itb NCH' ROAD ESERT F �� _ © t R } ( t R�t . T orm r 1 i R-2 R -2 !7) ! ER -2 w Y —11 2 i i I - At, TA KC A < NA Y -- ----L-R, 2 I - SUBJECT PROPERTY R I 10100 � � - 1 w . �p — — R - 1 N e z 2 W R- 2 R'I R;I R - 2 (7) _ r Ry I R . I R+ 4 2- 18100 14ID S P. 5) Fi R-2 (5) R2(5) , _ V Q W T Q ' / SAID Public Hearing will be held on July 26, 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. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post July 13, 1984 /tm 31 • �R~ INTEROFFICE MEMORANDUM JUN 1 5 1984 City of Palm Desert ENVIRONMENTAL SERVICES CITY OF ?.ALA, DESERT TO: Director of Environmental Services FROM: Director of Public Works SUBJECT: PP 84-22 - RALPH SANTOPIETRO DATE:June 14, 1984 The following should be considered as conditions of approval : (1) Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. (2) Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drainage Plan, to the specifications of the Director of Public Works. (3) Additional storm drain construction shall be contingent upon a drainage study by the private engineer. (4) Full public improvements, including traffic safety lighting, as required by ordinance and the Director of Public Works, shall be installed in accordance with city standards. (5) Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construc- tion of any improvements is commenced. The subdivider shall submit "as-built" plans prior to acceptance of the improvements by the city. (6) Landscaping maintenance on San Pablo Avenue/Santa Rosa shall be provided by the owners. (7) Existing utilities on Santa Rosa shall be undergrounded. (8) Complete grading plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval prior to issuance of any permits. (9) Dedication of five feet of right-of-way on Santa Rosa shall be done prior to issuance of any permits and approval of plans. (10) Installation of curb and gutter at eighteen feet from centerline, matching paving and sidewalk on Santa Rosa. (11) Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the required offsite improvements prior to building permits being issued. (12) Size, number and location of driveways to Public Works specifications. (13) Only one driveway approach will be allowed to serve this property. Size and location ,t,,oAPublic Works specifications. A 57A t cCLELLAN, P.E. BDM/ms Palm• eUejerf Wafer & Servicei a1Ji3fricf 44.600 PORTOLA AVENUE BOX 161 PALM DESERT, CALIFORNIA 92261 BOARD OF DIRECTORS: � ,._ Phone:(619)346.6338 ROBERT C. H. LAWMAN, President � ;;, i^� R.CLAIR McDONOUGH SHARON K. EPPS - �'�• . PHYLLIS GRIGGS, District Secretary Mr . Ramon Diaz Director , Environmental Services t' s<�oEs City of Palm Desert 73-510 Fred Waring Drive Palm Desert , California 92260 Re : Case No. PP 84-22 -Ralph Santopietro , 12-Unit Anartment Complex Lots 1 and 4 Palm Village Garden Tract , Santa Rosa Way Dear Mr . Diaz : 17, response to your letter regarding the above referenced prc.,ject , sac would like to make the following comments : - . Frontage fee of $12 . 00 per foot will be imposed along Santa Rosa Way . The District will install four 11-inch water meters at a cost of $1 , 150 each each . 3 . The water service installation charges will be as follows : Four-inch water meter @ $1 , 150/each $4 , 600 Frontage Fee for 260 feet @ $12 . 00/ft . 3 , 120 TOTAL 7 720 4 . All fees and meter installation charges must be paid before the installation work will begin . At least one week advance notice should be given. 6 . There is an existing fire hydrant approximately 225 ' east of the project site. Also there is an existing hydrant across San Pablo Avenue to the west which may have to be upgraded . Also , the addition of any fire hydrants or the relocation of any existing , if required by the City Fire Marshall would be completed at the owner' s expense . Mr . Ramon Diaz June 8 , 1984 Page 2 If you have any questions in regard to the above , please do not hesitate to contact us . Very truly yours , Robert Lawman , President Palm Desert Water & Services District RL:DGS : dm FIRE DEPARTMENT IN COOPERATION WITH THE ` _ C .1 a CALIFORNIA DEPARTMENT OF FORES. RIVERS DAVID L.FLAKE a FIRE CHIEF 210 WEST SAN JACINT'O AVENUE June 11, 1984 PERRIS,CALIFORNIA 92370 t: EPHONE:(714)657.3183 .. ' i v Ramon A. Diaz Director of Environmental Services 73-510 Fred Waring Drive Palm Desert, CA 92260 Reference: Case No. PP 84-22 Appliant: Ralph Santopietro Dear Mr. Diaz: The following fire protection requirements are in accordance with the Uniform Fire Code and Life Safety Code standards. 1. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a two (2) hour duration in addition to 'domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. Fire flow requirements will depend on built-in fire protection provisions of buildings. 2. Install Riverside County super fire hydrants located: a. install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. b. exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. c. curbs shall be painted red 15 feet in either direction from each hydrant. d. hydrants shall not be located closer than 25 feet to any building. 3. Prior to issuance of a building permit, the developer shall furnish the original and three copies of the water system plan to the Fire Marshal for review. Upon approval, one copy will be sent to the Building Department, and the original will be returned to the developer. 4. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in PP 84-22 is in accordance with the requirements prescribed by the Fire Marshal." 5. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. Ramon A. Diaz 6/11/84 Dir. of Env. Serv. Page 2. Palm Desert 6. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 7. Dead end access not to code. Sincerely, DAVID L. FALKE Fire Chief By CG� Eric L. Vogt Fire Marsha to cc: Bob Mainiero PDWS ul 14;EMP'l �..•.0_:�'.if::4�fi \A.;S ClJ i1Jt Y.i 2]V v 3700 CENTRAL AVENUE . RIVERSIDE, CALIFORNIA MAILING ADDRESS: P. O. BOX 2200, RIVERSIDE, CALIFORNIA 92516-2200 June 11, 1984 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 REFERENCE: PP 84-22 This letter is not to be interpreted as a contractual commitment to serve the proposed projects; but only as an information service . Its intent is to notify you that the Southern California Gas Company has facilities in the area where the above named project is proposed . Gas service to the project can be provided without any significant impact on the environment. The service would be in accordance with the Company ' s policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made. In conclusion, no objection , recommendations or other comment is being made. Sincerely, ( Carmen Richards Distribution Planning Aide CR:mac I i .t1 ATEq ESTABLISHED IN 1918 AS A PUBLIC AGENCY V O/STRIC1 COACHELLA VALLEY WATER DISTRICT J POST OFFICE BOX 1058•COACHELLA, CALIFORNIA 92236•TELEPHONE(619I 39&2651 1 DIRECTORS OFFICERS RAYMOND R.RUMMONDS,PRESIDENT LOWELLO.WEEKS,GENERAL MANAGER-CHIEF ENGINEER TELLIS CODEKAS,VICE PRESIDENT BERNARDINE SUTTON,SECRETARY JOHN P.POWELL REDWINE AND SHERRILL,ATTORNEYS PAUL W.NICHOLS tune 15, 1984 STEVE D.BUXTON File: 0163.11 0721.1 UITZCITO ' Department of Environmental Services 11:.12 2 City of Palm Desert Past Office Box 1977 VIRONAAENT DFSER AI tS Palm Desert, California 92261 CITY Of ml, DESERT EPI Gentlemen: Subject: Precise Plan 84-22, Portion of NEk, Section 20, Township 5 South, Range 6 East, San Bernardino Meridian This area is protected from stormwater flows by a system of channels and dikes, and may be considered safe from stormwater flows except in rare instances. This area is shown to be subject to shallow flooding and is designated Zone AO, depth one foot on Federal Flood Insurance rate maps which are in effect at this time. However, we expect the map to be revised due to the construction of the Palm Valley Stormwater Project. The District will furnish sanitation service to this area in accordance with the current regulations of this District. This area shall be annexed to Improvement District Nos. 54 and 80 of Coachella Valley Water District for sanitation service. Yours very truly, Lowell 0. Weeks Gen ral Manager-Chief Engineer CS:ra cc: Riverside County Department of Public Health, Indio TRUE CONSERVATION USE WATER WISELY 7` PP 84-22 and CASE N0. P1941 84_9 ENVIRON1 NTAL SERVICES DEPT. INITIAL STUDY ENVIRONMENTAL EVALUATION CHECKLIST NOTE: The availability of data necessary to address the topics listed below shall form the basis of a decision as to whether the application is considered complete for purposes of environmental assessment. ENVIRONIMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers , possible mitigation measures and comments are provided on attached sheets). Yes Maybe No 1 . Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions , displacements , compaction, or overcovering of the soil ? c. Change in topography or ground surface relief ✓ features? d. The destruction, covering, or modification — of any unique geologic or physical features? e. Any increase in wind or water erosion of soils, either on or off the site? _ V 2. Air. Will the proposal result in: a. Air emissions or deterioration of ambient air quality? _ _ b. The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature, or any change in climate, / either locally or regionally? - f 2. Yes Maybe No 3. Water. Will the proposal result in: a,.. directs in f water' move the course or — — l � direction of water movements? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? V c. Alterations to the course or flow of — — flood waters? d. Alteration of-the direction or rate of / flow of ground waters? e. Change in the quantity of ground waters, / either through direct additions or with- drawals , or through interception of an aquifer by cuts or excavations? v f. Reduction in the amount of water other- wise available for public water supplies? 4. Plant Life. Will the proposal result in: a. Change in the diversity of species , or numbers of any species of plants (including trees , shrubs , grass , and — — crops)? b. Reduction of the numbers of any unique, rare, / or endangered species of plants? V c. Introduction of new species of plants into an area , or in a barrier to the normal replenishment of existing species? 5. Animal Life. Will the proposal result in: a. Changes in the diversity of species , or numbers of any species of animals (birds , land animals including reptiles , or — — insects)? b. Reduction of the numbers of any unique, / rare, or endangered species of animals? c. Introduction of new species of animals into an area, or result in a barrier- to / the migration or movement of animals? — — �/— d. Deterioration to existing wildlife j habitat? V 3. Yes No 6. Natural Resources. Will the proposal result in: a. Increase in .-the rate of use of any natural / resources? - V r -- b. Depletion ofiany non-renewable natural resource? j ; 9 7. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? — _ ✓ b. Demand upon existing sources of energy, or re- quire the.development of new sources of energy? ` sti — — — 8. Risk of Upset 'iDoes the proposal involve a risk of an explosion or the release of hazardous substances (including, but not limited to, pesticides , oil , chemicals, or radiation) in the event of an accident or upset conditions? 'c — 9. Economic Loss. Will the proposal result in: a. A change in the value of property and improvements endangered by flooding? tI — — b. A change in the value of property and improvementsrexposed to geologic hazards — — beyond accepted cormunity risk standards? — 10. Noise. Will the proposal increase existing noise levels toethe point at which accepted community noise and vibration levels are exceeded? v 11. Land Use. Willethe proposal result in the a tT nned In of the present developed or planned land use of an area? 12. Open Space. Will the proposal lead to a decrease in the ,•amount of designated open space? 13. Population. Will the proposal result in: a. Alterat.ien ot` the location, distribution, density, or growth rate of the human / population of- the City? b. Change in the population distribution by age, income,��religion, racial , or ethnic / h. group, occupational class , household type? �/ 4. Yes Maybe No 14. Employment. Will the proposal result in additional new long-term jobs provided, or a change in the number and per cent employed, unemployed, and underemployed? v 15. Housing. Will the proposal result in: a. Change in number and per cent of housing units by type (price or rent range, zoning category, owner-occupied and rental , etc. ) relative to demand or to number of / families in various income classes in the City? V b. Impacts on existing housing or creation of a demand for additional housing? 16. Transportation/Circulation. Will the proposal result in: a. Generation of additional vehicular movement? V _ b. Effects on existing parking facilities, or demand for new parking? c. Impact upon existing transportation systems? d. Alterations to present patterns of circulation / or mcvement of people and/or goods? V e. Increase in traffic hazards to motor vehicles , / bicyclists, or pedestrians? 17. Public Services . Will the proposal have an effect upon, or result in a need for, new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? _ c. Schools? d. Parks or other recreational facilities? ✓ e. Maintenance of public facilities , including ✓ roads? _ _ _/ f. Other governmental services? V/ 5. Yes Maybe No 18. Public Fiscal Balance. Will the proposal result in a net change in government fiscal flow (revenues less operating expenditures and annualized capital expenditures)? 19. Utilities . Will the proposal result in a need for new systems, or alterations to the following utilities: a'. Power or natural gas? v b. Communications system? c. Water? _ — d. Sewer or septic tanks? / e. Storm water drainage? _ - V f. Solid waste and disposal? 20. Human Health. Will the proposal result in: a. The creation of any health hazard or Potential health hazard? V b. A change in the level of community health care provided? — 21 . Social Services. Will the proposal result in _ an increased demand for provision of general social services? V 22. Aesthetics . Will the proposal result in: a. Obstruction of any scenic vista or view open to the public? V b. The creation of an aesthetically offensive / site open to public view? c. Lessening of the overall neighborhood (or area ) attractiveness, pleasantness , --and uniqueness? 23. Li ht and Glare. Will the proposal produce / Ti— new fight or glare? - 24. Archeological/Historical . Will the proposal resul in nnt a te—T ration of a significant archeological or historical site, structure, — — object, or building' � w• / I ol, . l 6. Yes MLbe No 25. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment or to curtail the diversity in the environment? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future. ) c. Does the project have impacts which are indi- vidually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small , but where the effect of the total of those impacts on the environment is significant. ) d. Does the project have environmental effects which will cause substantial adverse effects on human beings , either directly or indirectly? _ Initial Study Prepared By: n 411ifKe f City of Palm Desert Staff Report TO: Planning Commission DATE: July 3, 1984 CASE NO: PP 84-22 and PMW 84-9 REQUEST: Approval of a precise plan of design, negative declaration of environmental impact, and parcel map waiver to consolidate the site into one lot to allow construction of a 12 unit apartment project (utilizing 25% density bonus allowed by state law) in the R-2 zone located at the southeast corner of San Pablo and Santa Rosa. APPLICANT: Ralph Santopietro P.O. Box 1166 Rancho Mirage, CA 92270 ARCHITECT: Charles L. Martin 73-725 El Paseo, Suite 24C Palm Desert, CA 92260 I. BACKGROUND: A. DESCRIPTION OF SITE: The property is a flat, vacant 38,111 square foot V shaped site. Above ground power lines exist along the north, south, and west sides of the site. Also, along the west property line adjacent to San Pablo are several large tamarisk trees. Along the south property line around the developed site is a cedar board fence. B. ADJACENT ZONING AND LAND USE: North: R-2/Vacant - Formerly Macco Constructors South: R-I/Vacant East: R-2/Vacant West: R-2/Vacant C. GENERAL PLAN LAND USE DESIGNATION: Medium density residential, 5-7 d.u./acre. H. PROJECT DESCRIPTION: A. . GENERAL: The project consists of 12 two bedroom apartment units provided in three buildings utilizing two story structures. Each of the units will be 885 square feet. , The R-2 zone allows one unit for every 4,000 square feet of lot area. The three buildings will be located adjacent to San Pablo and along Santa Rosa. A 25 foot driveway along the east property line provides access to parking located at the southeast portion of the property. B. DENSITY: As stated previously, the R-2 zoning permits one unit for every 4,000 square feet. For this 38,111 square foot lot, 9 units would be permitted. Chapter 4.3 of the State Planning Law (California Code No. 65915) states that should a developer provide at least 25% of the units within a housing project affordable to low or moderate income households, the city shall grant a density bonus or increase of at least 25% over the number of units allowed by the zoning. If the city does not grant the increased density, then it must provide equivalent financial incentives. - 1 - PP 84-22 and PMW 84-9 Continued July 3, 1984 In this case the density bonus would increase the permitted number of units to 11.9 units. The zoning ordinance makes provision. (Section 25.56.160) to allow the additional unit, "if after dividing the area of a site in a residential district by the site area required per dwelling unit, a remainder equal to greater than ninety percent (90%) of the area required for an additional dwelling unit may be located on the site; provided that all other applicable yard open space, bulk, and parking regulations are met." The additional three units will have to be affordable to moderate income households (three person households) earning less that $22,562. Maximum rent for these three units initially will be $564.00 per month. A development agreement (draft copy attached) will have to be approved by the city council prior to issuance of any building permits:-The increased density will not result in significant negative traffic or aesthetic impacts. C. PARKING: Code requires that a total of at least 24 parking spaces be provided for a 12 unit apartment complex of which at least 12 must be covered. The project provides 30 parking spaces (12 covered and 18 open). The extra 6 spaces would permit a future conversion of condominiums should-the owner choose to do so. (A discussion of the implications the conversion to condominiums would have on the development agreements is provided later in the report.) D. ARCHITECTURE/DESIGN: The three buildings are proposed to be spanish in nature. More complete architectural plans will be reviewed and must be approved by the Architectural Commission. III. ANALYSIS: A. FINDINGS FOR APPROVAL OF PRECISE PLAN: 1. The design of the precise plan will not substantially depreciate property values.in the vicinity. Response: -The precise plan as approved will comply with code 'requirements; architectural plans must be approved by the architectural commission and the project will be the first new development in the area in some time. The project should not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use of and enjoyment of property in the vicinity by the occupants thereof for lawful purposes. Response: The surrounding land in the vicinity is zoned for the same type of use as proposed, and owners would not be deprived the use of their land. 3. The precise plan will not endanger the public peace, health, safety, or general welfare. Response: The precise plan will comply with all code requirements and must receive architectural commission approval and will not be detrimental to the public peace, health, safety, or general welfare. The plan as submitted complies with code. Commission should review the precise plan and determine its adequacy relative to the required findings. - 2 PP 84-22 and PMW 84-9 Continued July 3, 1984 B. FINDINGS FOR APPROVAL OF PARCEL MAP WAIVER: The required findings for approval are that the proposed waiver and the resulting parcels comply with applicable requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the municipal code. These findings can be justified because the project complies with applicable city ordinances and can be serviced adequately by the utilities. C. ENVIRONMENTAL REVIEW: The director of environmental services has determined that the proposed project will not have an adverse environmental impact on the environment and a negative declaration of environmental impact has been prepared. IV. POSSIBLE FUTURE CONVERSION TO CONDOMINIUM: As indicated in the "Parking" section, the applicant may in the future wish to convert the units from rental to condominium. This may be possible; however, the development agreement will have to be amended at that time to establish a maximum sales price and resale controls for the three affordable units. V. RECOMMENDATION: J The plan as submitted complies with code. Should commission wish to approve the proposed precise plan, parcel map waiver, and negative declaration of environmental impact, the appropriate action would be: A. Adoption of the findings. B. Adoption of Resolution No. , approving PP 84-22 and PMW 84-9. VI. ATTACHMENTS: A. Draft Resolution B. Legal Notice C. Draft Development Agreement D. Comments from City Departments and Agencies E. Plans and Exhibits Prepared by: Reviewed and approved by: Am - 3 - PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN, PARCEL MAP WAIVER, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A DEVELOPMENT AGREEMENT TO ALLOW CONSTRUCTION OF A 12 UNIT APARTMENT PROJECT AT THE SOUTHEAST CORNER OF SAN PABLO AND SANTA ROSA. CASE NOS. PP 84-22 and PMW 84-9 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of July, 1984, hold a duly noticed public hearing to consider a request by RALPH SANTOPIETRO for approval of a precise plan of design, parcel map waiver, negative declaration of environmental impact, and development agreement to allow construction of a 12 unit apartment complex on a 38,111 square foot site at the southeast corner of San Pablo and Santa Rosa. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of environmental services has determined that the project will not have a negative impact on the environment and a Negative Declaration has been prepared. WHEREAS, at said pulbic 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 its actions: 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. 4. That the proposed waiver to consolidate two lots into one lot and that resulting parcel complies with applicable requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the municipal code. 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 84-22 is hereby granted for reasons subject to the attached conditions. 3. That approval of PMW 84-9 is hereby granted. 4. That a negative declaration of environmental impact is hereby approved subject to implementation of the attached conditions. 5. Approval of the Santopietro Development Agreement, Exhibit 'C' is recommended to the city council. PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 3rd day of July, 1984, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary AM i PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL Case No. PP 84-22 Department of Environmental Services: 1. The development of the property shall conform substantially with exhibits on file with the department of environmental services, as modified by the following conditions. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, architectural commission, subdivision process, and building permit procedures. 3. Construction of a portion of said project shall commence within one year from the date of final approval unless a time extension is granted, otherwise said approval shall become null, void and of no effect whatsoever. 4. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 5. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District Palm Desert Water and Services District Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 6. Location and design of trash enclosures shall be coordinated with Palm Desert Disposal Company. 7. Project to be provided with a minimum six foot high solid masonry wall along perimeter property lines (except for approved openings) or other walls or features as may be acceptable to Architectural Commission. 8. Twenty-five percent (25%) of the units shall be reserved and affordable for moderate income households. Prior to issuance of a building permit, the owner shall execute an agreement with the city specifying the terms and conditions by which the required moderate income units shall be rented and controlled. 9. That the owner (developer) prior to issuance of building permit, provide evidence to the city that he has paid school mitigation fee ($628/unit) to the Desert Sands Unified School District. Department of Public Works: 10. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 11. Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drainage Plan, to the specifications of the Director of Public Works. 12. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. -3- PLANNING COMMISSION RESOLUTION NO. 13. Full public improvements, including traffic safety lighting, as required by ordinance and the Director of Public Works, shall be installed in accordance with city standards. 14. Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as-built" plans prior to acceptance of the improvements by the city. 15. Landscaping maintenance on San Pablo/Santa Rosa shall be provided by the owners. 16. Existing utilities on Santa Rosa shall be undergrounded. 17. 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. 18. Dedication of five feet of right-of-way on Santa Rosa shall be done prior to issuance of any permits and approval of plans. 19. Installation of curb and gutter at eighteen feet from centerline, matching paving and sidewalk on Santa Rosa. 20. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the required offsite improvements prior to building permits being issued. 21. Size, number and location of driveways to Public Works specifications. 22. Only one driveway approach will be allowed to serve this 'property. Size and location to Public Works specifications. Palm Desert Water dr Services District: 23. Frontage fee of $12.00 per foot will be imposed along Santa Rosa Way. 24. The District will install four 114-inch water meters at a cost of $1,150 each. 25. The water service installation charges will be as follows: Four-inch water meter @ $1,150/each $4,600 Frontage Fee for 260 feet @ $12.00/ft. 33,120 TOTAL $7,720 26. All fees and meter installation charges must be paid before the installation work will begin. 27. At least on week advance notice should be given. 28. There is an existing fire hydrant approximately 225' east of the project site. Also, there is an existing hydrant across San Pablo Avenue to the west which may have to be upgraded. Also, the addition of any fire hydrants or the relocation of any existing, if required by the City Fire Marshall would be completed at the owner's expense. Fire Department: 29. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a two (2) hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. Fire flow requirements will depend on built-in fire protection provisions of buildings. -4- PLANNING COMMISSION RESOLUTION NO. 30. Install Riverside County super fire hydrants located: a. install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. b. exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. C. curbs shall be painted red 15 feet in either direction from each hydrant. d. hydrants shall not be located closer than 25 feet to any building. 31. Prior to issuance of a building permit, the developer shall furnish the original and three copies of the water system plan to the Fire Marshal for review. Upon approval one copy will be sent to the Building Department, and the original will be returned to the developer. 32. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in PP 84-22 is in accordance with the requirements prescribed by the Fire Marshal." 33. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 34. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 35. Dead end access not to code. -5- CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP 84-22 and P;\41W 84-9 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by RALPH SANTOPIETRO for approval of a precise plan of design to allow 12 residential units, a parcel map waiver to consolidate the two lots into one property, and a negative declaration of environmental impact as it relates thereto, for a 38,111 square foot property in the R-2 zone, located at the southeast corner of San Pablo and Santa Rosa, more particularly described as: APN 627-102-001 627-102-004 . SERT Ii � fR R1I � I `/ ' R-2 ( 7) S P S. P R -2 (7) - 2 R - 2 - �2SU8JE1 "Q011 li"�'' , R t_g{-.;-i i R I 10100 I -R-2 - RY - R - I m 2 R - 2 R - 2 (7) r R- I RzI R - i S. P = . 181000 14*0 - R 2t5l, R-2(5J ., L _ R_ 3V " SAID Public Hearing will be held on Tuesday, July 3, 1984, at 7:00 p.m., in the Council Chamber at Pal!n Desert Civic Center, 73-510 Fred 'Waring Drive, Patin Desert, California, at which time and place all interested persons are invited to attend and be heard. R.AMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post June 22, 1984 Am i PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" RALPH SANTOPIETRO 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 Ralph Santopietro, (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 precise plan (PP 84-22) to construct 12 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 84-22 (hereinafter "PROJECT") 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 12 rental residential units on the PROPERTY by Precise Plan 84-22 and Planning Commission Resolution No. As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent 3 units for moderate income households. Hereinafter these 3 units shall be referred to as "AFFORDABLE UNITS". These AFFORDABLE UNITS shall consist of three (3) two bedroom two bath units. PLANNING COMMISSION RESOLUTION NO. 2. As used herein, "moderate income households" shall refer to families or individuals whose gross income does not exceed the Riverside 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 data is made available by other officially recognized agencies, the applicant may request amendment of this agreement to include such data. 3. Rent for AFFORDABLE UNITS shall not exceed 30% of the gross income of moderate income households. The maximum rent for the three (3) two bedroom, two bath units shall be based on income figures for 3 person households, resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. 3 - 2 bedroom 2 bath $564 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 AFFORDABLE UNITS shall be equipped in the same fashion and their exterior shall be identical in quality and desirability as other units in the project. The AFFORDABLE UNITS shall be evenly dispersed throughout the project. The exact location of the AFFORDABLE UNITS shall be changed from time to time as vacancies permit. 6. The DEVELOPER shall maintain the quality of the buildings, grounds and recreation facilities consistent with their condition at the time of issuance I PLANNING COMMISSION RESOLUTION NO. of certificate of occupancy. The DEVELOPER shall post a $2,500 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 3 aforementioned AFFORDABLE UNITS shall be reserved for moderate income households. This agreement has been prepared based on the premise that the PROJECT would be operated as rental housing. The DEVELOPER or his successor may apply to amend this agreement to allow conversion to condominium. The DEVELOPER will be required to conform to all applicable zoning and building regulations in effect at this time. The amendment shall include a program to maintain the availability of the 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 PLANNING COMMISSION RESOLUTION NO. permits associated herewith and the zoning of the property shall revert to the base R-2. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated, then enforcement of provisions of this agreement shall be pursued through legal action per No. 8 of this AGREEMENT. 10. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 11. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. IN WITNESS WHEREOF the parties have executed this Agreement the year and date first above written. THE CITY OF PALM DESERT By By DEVELOPER (Notarized) By RALPH SANTOPIETRO ATTEST: PLANNING COMMISSION RESOLUTION NO. EXHIBIT "1" Property Description Lots 1 and 4, Palma Village Groves, Map Book 10/31. PLANNING COMMISSION RESOLUTION NO. EXHIBIT "r Income Limits Median Family Income Persons in the Family Riverside/San Bernardino Counties 3 $22,562 Definition: Moderate Income: Households with incomes above 80% of the Median Family Income for the number of persons in the family, but below the median delineated above. f. G INTEROFFICE MEMORANDUM City of Palm Desert ` 7. TO: Director of Environmental Services FROM: Director of Public Works SUBJECT: PP 84-22 - RALPH SANTOPIETRO OATE:June 14, 1984 The following should be considered as conditions of approval : (1) Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. (2) Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drainage Plan, to the specifications of the Director of Public Works. (3) Additional storm drain construction shall be contingent upon a drainage study by the private engineer. (4) Full public improvements, including traffic safety lighting, as required by ordinance and the Director of Public Works, shall be installed in atcordance with city standards. (5) Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construc- tion of any improvements is commenced. The subdivider shall submit "as-built" plans prior to acceptance of the improvements by the city. (6) Landscaping maintenance on San Pablo Avenue/Santa Rosa shall be provided by the owners. (7) Existing utilities on Santa Rosa shall be undergrounded. (8) Complete grading plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval prior to issuance of any permits. . (9) Dedication of five feet of right-of-way on Santa Rosa shall be done prior to issuance of any permits and approval of plans. (10) Installation of curb and gutter at eighteen feet from centerline, matching paving and sidewalk on Santa Rosa. (11) Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the required offsite improvements prior to building permits being issued. (12) Size, number and location of driveways to Public Works specifications. (13) Only one driveway approach will be allowed to serve this property. Size and location to Public Works specifications. BARRY cCLELLAN, P.E. BDM/ms Palm 20dert Water Serviced 2isfrict 44-500 PORTOLA AVENUE BOX 161 PALM DESERT, CALIFORNIA 92261 ^� BOARD OF DIRECTORS: , n Phone:(819)348-6338 ROBERT C. H. LAWMAN, President R.CLAIR MaDONCUGH SHARON K. EPPS PHYLUS GRIGGS. District Secretary Mr . Ramon Diaz Director , Environmental Services �)Zs 'ces Citv of Palm Desert 73-510 Fred Waring Drive Palm Desert , California 9_260 Re : Case No . PP 84-22 Ralph Santopietro , 12-Unit Apartment Complex Lots 1 and 4 Palm Village Garden Tract , Santa Rosa Way Dear Mr . Diaz : In response to your letter regarding the above referenced :)rciect , we would like to make the following comments : _ . F_entage fee of S12 . 00 per foot will be imposed along Santa Rosa Way . 2 . The District will install four lk-inch water mecers at a cost of $1 , 150 each each. 3 . The water service installation charges will be as- follows : Four-inch water meter @ $1 . 150/each $4 , 600 Frontage Fee for 260 feet @ $12 . 00/ft . 3 , 120 TOTAL 7 , 720 � . All fees and meter installation charges must be paid before the installation work will begin. At least one week advance notice should be given. 6 . There is an existing fire hydrant approximately 225 ' east of the project site. Also there is an existing hydrant across San Pablo Avenue to the west which may have to be upgraded. Also , the addition of any fire hydrants or the relocation of any existing , if required by the City Fire Marshall would be completed at the owner ' s expense . 1 y Mr. Ramon Diaz June 8 , 1984 Page 2 If you have any questions in regard to the above , please do not hesitate to contact us . Very truly yours , Robert Lawman , President Palm Desert Water & Services District RL : DGS :dm -"p1V GAJ1LLlyV VI`Il i FIRE DEPARTMENT IN COOPERATION WITH THE ` C UNT7 IN DEPARTMENT OF FORESTRY RIVERS) ., .• DAVID L.FLAKE FIRE CHIEF 210 WEST SAN)ACL rM AVENUE 1984 }� �_ PERRIS,CALIFORNIA 92370 June 11 EPHONE:(714)657.3183 "` rTI s Ramon A. Diaz Director of Environmental Services 73-510 Fred Waring Drive "' Palm Desert, CA 92260 Reference: Case No. PP 84-22 Appliant: Ralph Santopietro Dear Mr. Diaz: The following fire protection requirements are in accordance with the Uniform Fire Code and Life Safety Code standards. 1. Install a water system capable of delivering 2S00 GPM fire flow from any fire hydrant for a two (2) hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. Fire flow requirements will depend on built-in fire protection provisions of buildings. 2. Install Riverside County super fire hydrants located: a. install Riverside County super fire hydrants so that no point of any building is more than 2S0 feet from a fire hydrant measured along approved vehicular travel ways. b. exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. c. curbs shall be painted red 1S feet in either direction from each hydrant. d. hydrants shall not be located closer than 2S feet to any building. 3. Prior to issuance of a building permit, the developer shall furnish the original and three copies of the water system plan to the Fire Marshal for review. Upon approval, one copy will be sent to the Building Department, and the original will be returned to the developer. 4. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in PP 84-22 is in accordance with the requirements prescribed by the Fire Marshal." 5. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. Ramon A. Diaz 6/11/84 Dir. of Env. Serv. Page 2. Palm Desert 6. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 7. Dead end access not to code. Sincerely, DAVID L. FALKE Fire Chief By4v �Gr- Eric L. Vogt Fire Marsha to cc: Bob Mainiero PDWS 0700 CENTRAL AVENUE . RIVERSIDF CALIFORNIA MAILING AOORESS: F. O. SOX 2200. RIVERSIDE. CALIFORNIA M16-2200 June 11, 1984 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 REFERENCE: PP 84-22 This letter is not to be interpreted as a contractual commitment to serve the proposed projects; but only as an information service. Its intent is to notify you that the Southern California Gas Company_has facilities in the area where the ) above named project is proposed . Gas service to the project can be provided without any significant impact on the environment . The service would be in accordance with the Company' s policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made. In conclusion , no objection , recommendations or other comment is being made. Sincerely, Carmen Richards - Distribution Planning Aide CR:mac ESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX low• COACHELLA, CALIFORNIA 92236 •TELEPHONE(B19)3952651 DIRECTORS OFFICERS RAYMOND R.RUMMONDS.PRESIDENT LOWELL O.WEEKS.GENERAL MANAGER TCHIEF ENGINEER TEWSCODEKAS,VICE PRESIDENT DWINE AND ARCINE ERRILL,SECRETARY R EDW INE AND SN EPRILL.ATTORNEYS dOHN P.POWELL PAUL W.NICHOLS June 15, 1984 STEVE D.BUKTON File: 0163. 11 0721. 1 Department of Environmental Services City of Palm Desert Post Office Box 1977 Palm Desert, California 92261 Gentlemen: Subject: Precise ,Plan 84-22, Portion of NFh, Section 20, Township 5 South, Range 6 East San Bernardino Meridian This area is protected from stormwater flows by a system of channels and dikes, and may be considered safe from stormwater flows except in rare 'instances. This area is shown to be subject to shallow flooding and is designated Zane AO, depth one foot on Federal Flood Insurance rate maps which are in effect at this time. However, we expect the map to be revised due to the construction of the Palm Valley Stormwater Project. The District will furnish sanitation service to this area in accordance with the current regulations of this District. This area shall be annexed to Improvement District Nos. 54 and 80 of Coachella Valley Water District for sanitation service. Yours very truly, Lowell 0. We Gen ral Manager-Chief Engineer CS:ra cc: Riverside County Department of Public Health, Indio TRUE CONSERVATION USE WATER WISELY y PP 84-22 anc ( CASE NO. PtiW 84-9 EN7IRONy3EYTAL SERVICES DEPT. INITIAL STUDY ENVIRO`IMNTAL EVALUATION CHECKLIST NOTE: The availability of data necessary to address the topics listed below shall form the basis of a decision as to whether the application is considered complete for purposes of environmental assessment. ENVIROPlMENYTAL IMPACTS (Explanations of all "yes" and "maybe" answers, possible mitigation measures and comments are provided on attached sheets ) . Yes Maw No 1 . Earth. Voll the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions , displacements , compaction, or overcovering of the soil? c. Change in topography or ground surface relief features? d. The destruction, covering , or modification / - of any unique geologic or physical features? e. Any increase in wind or water erosion of / soils, either on or off the site? V 2. Air. Will the proposal result in: a. Air emissions or deterioration of ambient air quality? e _ b. The creation of objectionable odors? 0 0 c. Alteration of air movement, moisture, or temperature, or any change in climate, / either locally or regionally? . .. .. ... . :. :.. __ .: 2. Yes Maybe No 3. Water. Will the proposal result in: a..;. Changes in currents, or the course or / 1 direction of water• movemin-ts-? _ _v b. Changes in absorption rates, drainage. patterns, or the rate and amount of surface water runoff? c. Alterations to the course or flow of / flood waters? d. Alteration of.the direction or rate of / flow of ground waters? 1/ e. Change in the quantity at- ground waters, either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? f. Reduction in the amount of water other- wise available for public water supplies? 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of plants (including trees , shrubs , grass , and crops)? -_b. Reduction of the numbers of any unique, rare, or endangered species of plants? c. Introduction of new species of plants into / an area , or in a barrier to the normal v/ replenishment of existing species? S. Animal Life. Will the proposal result in: a. Changes in the diversity of species, or numbers of any species of animals (birds , land animals including reptiles , or insects)? b. Reduction of the numbers of any unique, / rare, or endangered species of animals? 1/ c. Introduction of new species of animals into an area, or result in a barrier. to / the migration or movement of animals? d. Deterioration to existing wildlife habitat? V V � 3. Yes t� a No 6. Natural Resources. Will the proposal result in: a. Increase in.•:the rate of use of any natural resources? - r s. b. Oepletion ofeany non-renewable natural resource? 0 7. Energy. Will the proposal result in: a. Use of- substantial amounts of fuel or energy? to/ b. Oemand upon existing sources of energy, or re- quire the.deselopment of new sources of , / energy? v St4 8. Risk of Upset the proposal involve a risk—own explosion or the release of hazardous substances (including, but not limited to, pesticides, ail , chemicals, or radiation) in the event of an accident or upset conditions? ,c e 9. Economic Loss. Will the proposal result in: a ' a. A change in the valve of property and improvements .endangered by flooding? t- - b. A change in the value of property and improuementsrexposed to geologic hazards beyond accepted carrunity risk standards? 10. Noise. Will the proposal increase existing noise levels toethe point at which accepted community noise and vibration levels are exceeded? i 11. Land Use. Willathe proposal result in the alteration of the present developed or planned land use of an area? v 12. Open Space. Will the proposal lead to a decrease in theramount of designated open / space? 13. Population. Will the proposal result in: a. Alterat•icn of` the location, distribution , density, or growth rate o.f the human population of- the City? _ b. Change in the population distribution by age, income, 4-eligion, racial , or ethnic group, occupational class , household type? 0 4. Yes Maybe No 14. Emol ment. Will the proposal result in additional new long-term ,jobs provided, or a change in the number and per cent employed, unemployed, and underemployed? 15. Housing. Will the proposal result in: a. Change in number and per cent of housing units by type (price or rent range, zoning category, owner-occupied and rental , etc. ) relative to demand or to number of families in various income classes in the City? v b. Impacts on existing housing or creation of a — demand for additional housing? I6. Tra��nsppartation/Circulation. Will the proposal / res in: a.. Generation of additional vehicular movement? _ b. Effects on existing parking facilities , or V demand for new parking? e c. Impact upon existing transportation systems? d. Alterations to present patterns of circulation / or mcvement of people and/or goods? e. Increase in traffic hazards to motor vehicles , , bicyclists, or pedestrians? _ 0V 17. Public Services. Will the proposal have an effect upon, or result in a need for, new or altered governmental services in any of the following areas : a. Fire protection? b. Police protection? c. Schools? / d. Parks or other recreational facilities? V e. Maintenance of public facilities , including ✓ roads? f. Other governmental services? } I' r , 5. Yes Maybe No 18. Public Fiscal Balance. Will the proposal result in a net change in government fiscal flow (revenues less operating expenditures and annualized capital expenditures)? 19. Utilities. Will the proposal result in a need or new systems , or alterations to the following utilities: a. Power or- natural gas? v b. Communications system? c. Water? d. Sewer or septic tanks? e. Storm water drainage? _ v f. Solid waste and disposal ? 20. Human Health. Will the proposal result in: a. The creation of any health hazard or potential health hazard? 1/ b. A change in the level of community health / care provided? l/ 21. Social Services. Will the proposal result in an increased demand for provision of general / social services? V 22. Aesthetics. Will the proposal result in: a. Obstruction of any scenic vista or view / open to the public? V b. The creation of an aesthetically offensive / site open to public view? V c. Lessening of the overall neighborhood (or area) attractiveness, pleasantness, / and uniqueness? 23. Licht and Giara. Will the proposal produce new light or glare? 24. Archeological/Historical . Will the proposal result to an alteration a significant his — — archeological or historical l site, structure, object, or building? 6. Yes Maybe No Z5. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment or to curtail the diversity in the environment? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental .goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time / while long-term impacts will endure well into the future. ) — - c. Does the project have impacts which are indi- vidually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small , but where the effect of the total of those impacts an the environment is significant. ) e d. Does the project have_ environmental effects which will cause substantial._ adverse effects on human beings , either directly or indirectly? Initial Study Prepared By: - INITIAL STUDY Environmental Evaluation Checklist explanation of "yes" and "maybe" answers, possible mitigation measures, and comments. 1. EARTH b. The soil on the site, which is vacant, will be over-covered by virtue of construction, paving, and landscaping. This activity of the proposed site would not have a negative impact on the environment and no mitigation measures are necessary. e. This proposal may result in temporary wind erosion of soil due to construction—Mitigation of impacts will occur by compliance with city requirements for watering during grading and construction phases. 3. WATER b. This proposal will result in a change in absorption rates, drainage patterns, and the rate and amount of surface runoff by virtue of development. Compliance with applicable grading ordinances at time of development will mitigate any adverse impacts. 11. LAND USE The proposed residential project, while not altering the planned residential land use in the area, is requesting approval of 25% density bonus as allowed by state law. Therefore, instead of 9 units, the proposal is for 12 units. No mitigation measures are necessary since the project complies with applicable city codes and would provide some affordable housing. 15. HOUSING a. The proposed project, if approved, will add 3 moderately priced and controlled units to the city's housing supply. A need for moderately priced rental housing was identified in the recently prepared housing element update. 16. TRANSPORTATION/CIRCULATION a. The 12 units could generate up to 10 trips per unit per day. That would amount to 120 trips per day for the project. Trip distribution will be primarily towards Highway III and Fred Waring from San Pablo and the driveway on Santa Rosa. As mitigation measures, street dedications (where applicable) and street improvements will have to be provided. 17. PUBLIC SERVICES C. The Desert Sands Unified School District has advised the city that it is currently experiencing overcrowding conditions and that to mitigate this problem, a school impact mitigation fee of $628 per unit is required. The application has been conditioned to require payment of said fee.' 23. LIGHT AND GLARE There may be some new lighting provided for safety, security, and aesthetic reasons. Mitigation measures will include utilization of lights designed for the appropriate use and provided with shields where necessary. 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 NEGATIVE DECLARATION (Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code). Case No: PP 84-22 and PMW 84-9 Applicant/Project Sponsor: RALPH SANTOPIETRO _ P.O. Box 1166 _ Rancho Mirage, CA 92270 Charles L. Martin 73-725 El Paseo, Suite 24C El Paseo, CA 92260 Project Description/Location: Twelve (12) unit apartment complex at the southeast corner of San Pablo and Santa Rosa. The Director of Environmental Services, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the initial study has been attached to document the reasons in support of this finding. Mitigation measures, if- any, included in the project to avoid potentially significant effects, may also be found attached. RAMON A. DIAZ DATE Director of Environmental Services RAD/tm 3. Andrews J. M. Raymond P . E. KIRKPATRICK 143 Kentrucky Avenue 44185 El Cecardo Drive P . O. BOX 128 . Rancho Mirage , CA gashington, D.C. 20003 . Palm Desert, CA 92260 ' 92270 Alex Adamek Vee C. Shaw R. J. Robertson Box 1564 73567 Fred Waring Drive P. O. Box 998 Palm Desert, CA 92260 Palm Desert, CA 92260 Desert Hot Springs , CA 92240 R. G. Lamberson Gam 'r Montoya 73460 Santa Rosa Ka R. G. Fairbanks Y 73585 Avenuee S 49 73605 Santa Rosa Way Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260 r•a «y of Palm Desert 'Mary E. Valdez Donald D. fam:ina 73-510 Fret] ;daring Dr. 73558 Santa Rosa way 44170 71. Cercado St. ?alm Desert, CA 92260 Palm Desert:, CA 92260 Palm Desert, CA 92260 A. R. S:aith eta! R. _;. Boomer eta! f1. W. Malotte etal 1617 E. 17th Street P. 0. Box 872 42.280 Wisconsin Santa Ana, CA 92701 Indio , CA 92201 Falm Desert , CA 92260 :). J. Mungo etal 8935 Bolsa Avenue W. G. Spencer C. W. Kisner destmister, CA 92683 72770 Homestad Road 72300 Rancho Road Palm Desert, CA 92260 Rancho Mirage , CA 92270 Darrell Little E. Erickson F?. L. Gullv 13450 San Nichclas 1875 Caminito Ascua 1601 S. Garey Ave Pal.;n Desert , CA 92260 La Jolla , CA 92037 So 141. Pomona, CA 91.766 Julius Hideg etal Iraj Naimi Akbar P. 0. Box 2072 A. R. Carlip/W. R. Coroe 82231 Highway 111 Palm Desert , CA 92261 2359 Highland Indio , CA 922C.1 Altadena, CA 91001 Oleta Hardisty etal A . ',1. Porsch etal c/o Stephaniev L. Hard D. L. Horn ?. 0. Box 742 74451_ De Anza way P. G. Box 1.6.38 Palm Desert, CA 9226!' Palm Desert, CA 92260 Palm Desert, CA 92260 W. S. Cherry etal Ruthella M. Gibbons R. W. C=.thcart P . 0. Box 3020 3.0417 Oletha Lane 73465 San Nicholas Incline Village, NV 8945 Los Angeles , CA 90077 "alm Desert , CA 92260 `'?. J. MacCabe/Ales: Grn:iacl P. F. white S. E. Elkins 2716 Castle Heights Pl. 77740 Delaware Place First Baptist Church Les Angeles , CA 90034 Palm Desert, CA 92260 73550 Santa Rosa 'lay Palm Desert , CA 92260 ems.. RIVERSIDE COUNTY �'�oQCale t FIRE DEPARTMENT IN COOPERATION WITH THE C UNTY CALIFORNIA DEPARTMENT OF FORESTRY RIVERSID ....�.i Q, DAVID L.FLAKE TO FIRECHIEF 210 WEST SAN JACINTO AVENUE June 11, 1984 PERRIS,CALIFORNIA 92370 1�n1iY ,PHONE:(714)657.3183 43v � ! 1 - ?984 ENVIRONM Director of Ramon A. a Environmental Services Clry OF PALM pE F �Es 73-510 Fred Waring Drive Palm Desert, CA 92260 Reference: Case No. PP 84-22 Appliant: Ralph Santopietro Dear Mr. Diaz: The following fire protection requirements are in accordance with the Uniform Fire Code and Life Safety Code standards. 1. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a two (2) hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. Fire flow requirements will depend on built-in fire protection provisions of buildings. 2. Install Riverside County super fire hydrants located: a. install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. b. exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. c. curbs shall be painted red 15 feet in either direction from each hydrant. d. hydrants shall not be located closer than 25 feet to any building. 3. Prior to issuance of a building permit, the developer shall furnish the original and three copies of the water system plan to the Fire Marshal for review. Upon approval, one copy will be sent to the Building Department, and the original will be returned to the developer. 4. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in PP 84-22 is in accordance with the requirements prescribed by the Fire Marshal." S. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. Ramon A. Diaz 6/11/84 Dir. of Env. Serv. Page 2. Palm Desert 6. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 7. Dead end access not to code. Sincerely, DAVID L. FALKE Fire Chief By4 G Eric L. Vogt Fire Marsha to cc: Bob Mainiero PDWS .f Palm 2ederE Water & Servicei 211 44.600 PORTOLA AVENUE BOX 161 PALM DESERT, CALIFORNIA 92261 BOARD OF DIRECTORS: q Phone:(619)346-6338 R.CLAI C.M D LAWMAN,President _Yl q��� R.CLAIR McDONOUGH (� I � SHARON K. EPPS r`- ' J?-" 1 PHYLLIS GRIGGS, District Secretary FNiv/Ro { { 1 9 84 Nn Mr . Ramon Diaz c ry OP P 1g1t SFRv Director , Environmental Services oFSFRTFs City of Palm Desert 73-510 Fred Waring Drive Palm Desert , California 92260 Re : Case No . PP 84-22 Ralph Santopietro , 12-Unit Apartment Complex. Lots 1 and 4 Palm Village Garden Tract , Santa Rosa Way Dear Mr . Diaz : In response to your letter regarding the above referenced project , we would like to make the following comments : _ . Frontage fee of $12 . 00 per foot will be imposed along Santa Rosa Way . 2 . The District will install four iz-inch water meters at a cost of $1 , 150 each each. 3 . The water service installation charges will be as follows : Four-inch water meter @ $1 . 150/each $4 , 600 Frontage Fee for 260 feet @ $12 . 00/ft . 3 , 120 TOTAL $7 , 720 4 . All fees and meter installation charges must be paid before the installation work will begin. 5 - At least one week advance notice should be given. 6 . There is an existing fire hydrant approximately 225 ' east of the project site. Also there is an existing hydrant across San Pablo Avenue to the west which may have to be upgraded. Also , the addition of any fire hydrants or the relocation of any existing, if required by the City Fire Marshall would be completed at the owner ' s expense. Mr . Ramon Diaz June 8 , 1984 Page 2 If you have any questions in regard to the above , please do not hesitate to contact us . Very truly yours , Robert Lawman , President Palm Desert Water S Services District RL:DGS : dm SOUTHERN CALIFORNIA gC1S COMPANY RECEIVED 3700 CENTRAL AVENUE . RIVERSIDE, CALIFORNIA MAILING ADDRESS: P. O. BOX 2200, RIVERSIDE, CALIFORNIA 92516-2200 ENGINEERING DEPARTMENT CITY OF PALM DESERT June 11 , 1984 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 REFERENCE: PP 84-22 This letter is not to be interpreted as a contractual commitment to serve the proposed projects; but only as an information service. Its intent is to notify you that the Southern California Gas Company has facilities in the area where the above named project is proposed . Gas service to the project can be provided without any significant impact on the environment. The service would be in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made. In conclusion, no objection, recommendations or other comment is being made. Sincerely, C Carmen Richards Distribution Planning Aide CR:mac 48-2T5 PRIMLY PEAR LANE, PALM DESERT.CAUFORNIA 92200 TELEPHONE (714) 346-0811 DEPAFMM?T OF BU=n C & SAFETY PiW.UMARSC RE71EJ OF PLANS TMS IS NOT A PLAN CMMI bn(Ot CCUMM BMW ANY FMMM C II MTS CAN BE MADE, AD =M;AL nMR14= IS E= IM REVIEW... CChIP= AFZMM=URAL AM SPWnlCAT=NS STRUCTL tAL DPAWINCS AND CALCU A7. IS mr>P= H.V.A.C. , FZZ=CAL AND PLIMUC PLANS & SPECCn=ATIONS (�I= TI1IB 24 IIliDtC,Y OON5EERVATZCkI DOC[Y�IVTATItR� © cmel 'IE QZADIM PLANS P SR i • r DIRE OR OF BUILDING SAFETY CITY OF PALM. DESERT LEGAL NOTICE CASE NO. PP 84-22 and RMW 84-9 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by RALPH SANTOPIETRO for approval of a precise plan of design to allow 12 residential units, a parcel map waiver to consolidate the two lots into one property, and a negative declaration of environmental impact as it relates thereto, for a 38,111 square foot property in the R-2 zone, located at the southeast corner of San Pablo and Santa Rosa, more particularly described as: APN 627-102-001 627-102-004 IESERT ~Pl :.NCW, RQAD �._ I { Et � a Q �-, �U - I f formerly R-2 (7) S R A4 I -III �b F R -2 M ! i 1i t l _ 2j (R 2 --.o.. I i t o I j `"L� �f V I1 MAY � .. -�� 1 1�-�-1-�--V' >• - ' n t. T a R - ill IT-� I I I I I I - - SUBJECT PROPERT'i I I 00 a 1 -{ - - - - -R-2 R - I 2 :R_ 2 R - 2 - R I R=1 (7) 4 -- R y I R _ I R-4-1 2 14 S P. 1800 i5) w R•2 (5) R7(5) •, a Z R_1 - Z FR-3 jJ4 � r 2 SAID Public Hearing will be held on Tuesday, July 3, 1984, at 7:00 p.m., in the Council Chamber at 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: Palm Desert Post June 22, 1984 Am CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP 84-22 and PMW 84-9 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by RALPH SANTOPIETRO for approval of a precise plan of design to allow 12 residential units, a parcel map waiver to consolidate the two lots into one property, and a negative declaration of environmental impact as it relates thereto, for a 38,111 square foot property in the R-2 zone, located at the southeast corner of San Pablo and Santa Rosa, more particularly described as: APN 627-102-001 627-102-004 SAID Public Hearing will be held on Tuesday, July 3, 1984, at 7:00 p.m., in the Council Chamber at 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: Palm Desert Post June 22, 1984 Am CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP 84-22 and PMW 84-9 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by RALPH SANTOPIETRO for approval of a precise plan of design to allow 12 residential units, a parcel map waiver to consolidate the two lots into one property, and a negative declaration of environmental impact as it relates thereto, for a 38,111 square foot property in the R-2 zone, located at the southeast corner of San Pablo and Santa Rosa, more particularly described as: APN 627-102-001 627-102-004 I taxi t} JR R: { r RA NC"C' •R AD ' DESERT PI /� Rtt R t � R!Vr orm r - - -I iNob SL ..���. µ A Y N A Y w -AN TA CSA m I W PR - 2SUBJECT PROPERTY i !. N IR I 10, 0 0 S y. A Y � �GTALINA n V W �� � i R - I • r - •z ' A ,- N U F m ;721 .R-2 LL R�T R=I Ij i i- tu _ RBI R= 1 a RU"AL R:�i. 4 =.RIb i8,CS0 J�J 14,0 �•` J W 1 ' 2 (5i R•2i5;. cL W G - z SAID Public Hearing will be held on Tuesday, July 3, 1984, at 7:00 p.m., in the Council Chamber at 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: Palm Desert Post June 22, 1984 Am I ;I < o zz' Trim EDCM=Mno'(�b 73-510 FRED WARING DRIVE. PALM DESERT. CALIFORNIA 92260 TELEPHONE (619) 346-0611 REQUEST FOR COMMENTS AND CONDMONS OF APPROVAL CASE NO(S): PP PROJECT: j2 �es/'C�PNTrFIL UN%4S (�T SRA1 Pf/bL� i SAN7� �osA APPLICANT: Rx'4ex SfJ� Pi�7�a Enclosed please fi,rc, materials describing a project for which the following is being requested: IQPrroY,4 ot• A ' torecise 10z-mk I c%sISN ANo NeJ19TPue cJpCLARAT/anN of FNri,ceArrv-MAL• =y%PAcf +0 444O&J fie e6 sroeucTlanu of 12 ads �S AT 'tke coRfveR of s p, Pa b L o a w6 sANT/i �'asq A(Sv Fir s n beat /�s 4;-7 - I 02 — oo-Y 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, waver, minerals, flora, fauna, noise objects of historical or aesthetic significance) and recommended conditions of approval based on your expertise and area of concern. „yE�fr�'E 7)giE Your comments and recomw6ded conditions of approval must be received by this office prior to $1.30 q.m. ffpJe 11 , in order to be discussed by the land division :ommittee. The 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 com#nission through the staff report. any information received by this Z)f'.ice after :he re -eipt deadline: will not be discussed by the land division committee. �rti ECTOQ v.1E'.l' \L SERVICES MAN R D!1; Atta_hmen- PLEASE RETURN MAP WITH COm&ti ENTS 'RECISE PLAN APPLICATION NL �2 TO THE CITY OF PALM DESERT PLANNING COMMIS51ON: APPLICANT'S NAME: Ralph Santopietro owner, purchaser, lessee, representative APPLICANT'S ADDRESS: C/o Charles L. Martin, 73-725 E1 Paseo, Palm Desert APPLICANT'S PHONE: 340-1473 PROJECT COORDINATOR: r PHONE: f' Nt.•,..� • . 44F-4n4n The applicant, -�z tnr Sa ,�n,�, for the property situated at A Can Lahlc on property zoned as R-g , 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. (Sig at e) Date (Please IsU?rP ——e nam print name here box (, CA Address 1;),70 City — STATE OF CALIFORNIA, County of On 1 a G fo before me, �ts� undersigned a Notary Public in an—d fLor I the State oY ifornia with principal office in the County of , personally appeared OFFICIA71N cALI known to me to be the person whose name o NOTARY pU9LM �Jf O'F!- �"�N!' iC subscribed to RIVERSID t e wl hln Instrument, and acknowledged to me that hIY comm. expi WITNESS my hand and official seal executed the same. Signature of Notary:_ O��Gt�" Notary Public in and for the State of California STATEN 'TS SUPPORTING THE REQUEST, PRECISE PLAN (15 Copies) Please state why the proposed precise plan should be approved based upon public necessity, general welfare, or good zoning practice. The project will assist in aileviatina some of the rental housing needs for moderate income families who will be entering the community as a result of commercial projects which have been previously approved by the city. E CT LEGAL DESCRIPTION OF PR. 0ERTY (S Copies) Lots 1 and 4, Palma Vi),I-age Grbves , map book 10/31 Legal Description Approved by: Date: p CASE NO.)9 C _ • Environmental Assessment Form TO THE APPLICANT: Your cooperation in completing this form and supplying the information requested will expedite City review of your application pursuant to the California Environmental Quality Act. The City is required to make an environmental assessment on all projects which it exercises discretionary approval over. Applications submitted will not be considered complete until all information necessary to make the environmental assessment is complete. GENERAL INFORMATION: 1 . Name, address, and telephone number of owner, applicant or project sponsor' Ra1Fh Santopietro/C�-rles L Martin —73 725 E1 Paseo - suite 24-C Palm Desert-, CA 92260 2. Name, address and telephone number of person L.: be contacted con- cerning the project such as architect, engineer, or other repre- sentative) ' Charles L. Martin, 73•-725 El Paseo Palm Desert, CA 92260 �3. Common name of project (if any): Santopietro village 4. Project location (street address or general location) : San Pablo and Santa Rosa 5. Precise legal description if property (lot and tract number, or meets & bounds) : lots 1 and 4, Palria Village Groves ,map book 20 , p. 31 6. Proposed use of the site (project for which the form is filed; describe the total undertaking, not just the current application approval being sought): apartments 7. Relationship to a ' ;rger project or series of pro is (describe how. this project , _sates to other activities, phasts, and develop- ments planned, or now underway): 8. List and describe any other related permits and other public approvals required for this project, to go forward, including those required by the City, Regional , State and Federal agencies (indicate sub- sequent approval agency name, and type of approval required) : EXISTI14G CONDITIONS: 9. Project site area: 38 111 Size of property in sq. ft. or acreage 10. Present zoning: R-2 (Proposed zoning): R-2 11 . General Plan land use designation: residential. 12. Existing use of the project site: vacant 13. Existing use on adjacent properties: (Example - North, Shopping Center; South, Single Family Dwellings; East, Vacant, etc. ). © north, vacant , south , res. R-2 , east vacant, west , vacant 14. Site topography (describe) : flat with mature Tamarisk trees 15. Are there any natural or manmade drainage channels through or adjacent to the property? NO X YES 16. Grading (estimate number of cubic yards of dirt being moved): balance 17. List the number, size and type of trees being removed: none 18. Describe any cultural , historic, or scenic aspects of the project site: none Ci G 19. Residential Project (if not residential do NOT answer) A. Number and type of dwelling units (Specify no. of bedrooms) : 12 _ 2 bedroom, 2 baths B. Schedule of unit sizes: 865 sq. f t• C. Number of stories 2 Height 22 feet. D' Largest single building (sq. ft. ) 3 , 540 (_hgt. ) 22 E. Type of household sizle6expected (population projection for the project): 0 F. Describe the number and type of recreational facilities: one pool, barbecue area, horseshoes G. Is there any night lighting of the project: no to H. Range of sales prices or rents: S b I. Percent of total project devoted to: Building . . . . . . . . . . . . . . . . . . . 24. 4 % Paving, including streets. . . . . . . . . . . 24` 8 % Landscaping, Open, Recreation Area . . . . . , 50.6 % � I Are the following !ms applicable to the project its effects: Discuss below all items checked yes (attach additional sheets as Cnecessary). YES N0 21 . Change in existing features of hillsides, or substantial alteration of ground contours. 22. Change in the dust, ash, smoke, fumes or odors in the project vicinity. x 23. Subject to or resulting in soil errosion by wind or flooding. x 24. Change in ground water quality or quantity, or alteration of existing drainage patterns. ' 25. Change in existing noise or vibration level in the vicinity. Subject to roadway or airport noise (has the required acoustical report been submitted?) A 26. Involves the use or disposal of potentially hazardous materials; such as toxic substances, x flammables or explosives. . 27. Involves the use of substantial amounts of r. fuel or energy. 1 28. Changes the demand for municipal services x (police, fire, sewage, etc. ) 29. Changes the demand for utility services, beyond those presently available or planned in the x near future. 30. Significantly affects any unique or natural x features, including mature trees. 31 . Change in scenic views or vistas from existing Y residential areas or public land or public roads. x 32. Results in the dislocation of people. YES NO 33. Generates controversy based on aesthetics or X other features of the project. [ ] Additional explanation of "yes" answers attached. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation, to the best of my ability, and that the facts, statements and information presented are true and correct to the best of My,knowledge and belief. M. P. Martin ` Name Print or Type For ig� nature�� Date INITIAL STUDY FEE : $30. 00 (Make check payable to the City of Palm Desert and sub— mit with this form. ) CERTIFIED PROPERTY OWNERS ' LIST AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM DESERT ) I, //' �� �\`-j�� 0/191� hereby certify that the attached list contains the names and addresses of all persons to whom all property is assessed as they appear on the latest available assess- ment role of the County within the area described on the attached application and for a distance of three hundred (300) feet from the exterior boundaries of the property described on the attached application. I certify under penalty of perjury that the foregoing is true and correct. - J (signed )G, ( date) 03 S, R 6 E 627-10 rC.A 1802. 1.91r faa/ . Al z PcR N//2 NE//4 SEC. 20, r SS., R. 6E. 4 • H .. © !S � r r !i !! M J! 36 !r DI i11 a.urr © I 16 AJ II lJ If N M � I • w • jot;. V © Clfr. ® /ra mi A7 Ql M I ^ I /.04A tiAN r O O •�/ �I /O 11 MMI =y' . " .. ..• I r wN IYl Af:Nr O A6 I l90 9/ W .91 94 '93 ! w 0 9 — war — - rss ris i rss cm I m or � try 7 - -- C/4T —�----- - Y t 10 O n O wr p rio rn t>. nr m rlJ rra ® _ MA AW j• O O O e F ' JIN Jai Jar .JII JQ Fa JJl ® 0 ® � © © ®Ea nrn.ara u •• • Sr s. a✓E ww a.w I ru p Yb! A�1/ Poise V!/bpr smvos /* P.M.88/75 Paroil Map 14390 �1 Vl11 von (m) nnM T7S751 11LJM=Mn lb 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 January 29, 1985 r E C, 2 0 1985 ENVIRONMENTAL SERVICES Mr. Ralph Santopietro CITY OF PALM DESERT P.O. Box 1166 Rancho Mirage, California 92270 Dear Mr. Santopietro: Enclosed for your records is a fully executed copy of Ordinance No. 393 which has been recorded in the Office of the County Recorder as document number 2341. Exhibit "A" of this ordinance is the Development Agreement made between the City of Palm Desert and you as the developer for a 12 unit apartment project containing three units affordable by moderate income households. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, SHEILA R. GILLIGAN CITY CLERK SRG:mpf Enclosure (as noted) 2341 ecordln Re nested B ; RECEIVED FOR RECORD AT 11:00 O'CLOCK A.M. JAN 4 1985 Rewrded in Official Records of Rivanide County,bllornis c 0��� Fees P. • .:HEN RECORDED, MAIL TO: FOR THE BEVEFIT OF THa I ^ CITY'.OF PALM DESERT CITY OF PAUA DESMT : 73-510 FRED WARING DRIVE NO FEE PALM DESERT, CA 92260 ORD.NANCE NO. 393 6103 OF THE GOVT. CODE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE MANAGEMENT OF A 12. V9 UNIT APARTMENT PROJECT CONTAINING 3 UNITS H AFFORDABLE BY MODERATE INCOME HOUSEHOLDS. RELATED CASE NO. PP 84-22 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of September, 1984, hold a duly noticed public hearing to consider a request by RALPH SANTOPIETRO for approval of a development agreement specifying terms and conditions for the management of a 12 unit apartment project containing 3 "moderate affordable" units to be developed under the density bonus provisions of Section 65915 of the California State Government Code. WHEREAS, the Planning Commission, by Resolution No. 977 has recommended approval; WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80=89'�, in that the.director of environmental services had determined the project has been previously assessed in connection with PP Sk-22 for which a negative declaration of environmental impact has been certified. WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments of all persons desiring to be heard, said city council did find the following facts to justify its action as described below: 1. The development agreement is consistent with the general plan, zoning ordinance and specifically implements policies contained within the housing element. 2. The proposed agreement complies with Section 65915 of the California Go°:ernrnent Code. the C:•.. , Les-•• California DOES HEREBY ORDAIN as The City Cou;icil o. 2ut ..,.y ;,t Pa.m .._. ., -- , 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 Santopietro 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 shalt. be in full force and effect thirty (30) days after its adoption. PASSED, -APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California, held on this 27th day of September, 1984t by the following vote, to wit: AYES: JACKSM PULUUI, WILSON, AND SNYDER NOES: NONE ABSENT: KELLY ABSTAIN: NONE y EACH DOAAIE TffiN 49F fICATEIS *TES ATTACHED,ISCERTIFIEDTO BEAFULL,TRUE AND CORRECTCOPY OFTHEORIGINALON FILEANDON RECORtM''}V'tyFiCE. LIGA ity Clerk Hylm Desert, alifornia Datel)E1 0 9", — ��- /tm Finar� GILLIGAN, City Clean alm Desert.Ulifomia ORDINANCE NO. 393 EXHIBIT "A" RALPH SANTOPIETRO CO) AFFORDABLE HOUSING AGREEMENT This agreement, made as of this 27th day of September , 1984, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Ralph Santopietro, (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 precise plan (PP 84-22) to construct 12 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 84-22 (hereinafter "PROJECT") 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 I i. DEVELOPER. has been conditionally graro:ed permission by the CITY to construct 12 rental residential units on the PROPERTY by Precise Plan 84-22 and Planning I Commission Resolution No. 977 . As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent 3 units for moderate income households. Hereinafter these 3 units shall be referred to as "AFFORDABLE UNITS". I These AFFORDABLE UNITS shall consist of three (3) two bedroom two bath units. w , t ORDINANCE NO. 393 2. As used herein, "moderate income households" shall refer to families or l7� M individuals whose gross income does not exceed the Riverside County M1 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 data is made available by other officially recognized agencies, the applicant may request amendment of this agreement to include such data. 3. Rent for AFFORDABLE UNITS shall not exceed 30% of the gross income of moderate income households. The maximum rent for the three (3) two bedroom, two bath units shall be based on income figures for 3 person households, resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. 3 - 2 bedroom 2 bath $564 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 AFFORDABLE_ UNITS shall be equipped it the same fashion and their exterior shall be identical in quality and desirability as other units in the project. The. AFFORDABLE UNITS shall be evenly dispersed throughout the project. The exact location of the AFFORDABLE UNITS shall be changed from time to time as vacancies permit. 6. The DEVELOPER shall maintain the quality of the buildings, grounds and recreation facilities consistent with their condition at the time of issuance ORDINANCE NO. 393 of certificate of occupancy. The DEVELOPER shall post a $2,500 bond or M other satisfactory security assuring, the performance of any work the CITY CV feels is necessary to meet this requirement in a form satisfactory to the CITY. h 7. The term of this agreement shall run for thirty years during which period 3 aforementioned AFFORDABLE UNITS shall be reserved for moderate income households. This agreement has been prepared based on the premise that the PROJECT would be operated as rental housing. The DEVELOPER or his successor may apply to amend this agreement to allow conversion.to. condominium. The DEVELOPER will be required to conform to all applicable zoning and building regulations in effect at this time. The amendment shall include a program to maintain the availability of the 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 iresult of this review, the commission finds ant! 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 i . 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 STATE OF CALIFORNIA ;ss E COUNTY OF— A{ver8ide — V• On November 2$ 19$4 _,before me,the undersigned.a Notary Public in and for said State.personalty appeared Ralph J. Santopietro E C a iT personally known to me(or proved to me on the basis of satis. factgry evidence)tobe the persons)whose name(s)is/ere sut OFFICIAL SEAL scribed to the within instrument and acknowledged to m!th MARY P. FRRAZIER o S the/she/they executed the same. NOTARY PUBLIC—CIUFORNIANOTARY BOND FILED IN c RIVERSIDE COUNTY WITNESS my hand and official seal. )fSRtm hN 6, M o Signatur _ (This area forofficial notarial seal) MARY p RAZIER ORDINANCE NO. 393 permits associated herewith and the zoning of the property shall revert to C9 N2 the base R-2. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated, then enforcement of provisions of this agreement shall be pursued through legal action per No. 8 of this AGREEMENT. 10. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 11. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. IN WITNESS WHEREOF the parties have executed this Agreement the year and date first above written. THE CITY OF PALM DESERT B By DEVELOPER s (Notarized) YRLP SA OPIETR ATTEST: • ORDINANCE NO. 393 EXHIBIT "r Fri Income Limits Median Family Income Persons in the Family Riverside/San Bernardino Counties 3 $22,562 Definition: Moderate Income: Households with incomes above 8o% of the Median Family Income for the number of persons in the family, but below the median delineated above. I MINUTES PALM DESERT ARCHITECTURAL REVIEW COMMISSION TUESDAY - OCTOBER 9, 1984 2:00 P.M. COMMUNITY SERVICES CONFERENCE ROOM 73-510 FRED WARING DRIVE t . * • * ar it a- �t + t + � t * � �r t t � �r : �t t � a I. The meeting was called to order at 2:00 p.m. after a one hour study session. Members Present: Al Cook - Arrived at 2:28 p.m. Ron Gregory Rick Holden Bernie Leung Charlie Martin Members Absent: None Staff Present: Ray Diaz Steve Smith Stan Sawa Donna Gomez Moved by Commissioner Holden, seconded by Commissioner Gregory, to approve the minutes for the meeting of September 25, 1984 as submitted. Carried unanimously 4-0. II. Moved by Commissioner Gregory, seconded by Commissioner Leung, to approve the following cases by minute motion. Motion carried 3-0-1 (Commissioner Martin abstaining) 1. CASE NO: 968 SA APPLICANT (AND ADDRESS): DESERT COMPUTERS INC. , 74-140 E1 Paseo, Suite 4, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of sign program. LOCATION: 74-220 Highway 111, Palm Desert, CA 92260 ZONE: C-1 S.P. 2. CASE NO• 262 MF APPLICANT (AND ADDRESS) : PAUL M. FILING, 3 Cueta Drive, Rancho Mirage, CA 92270; KURTZMAN KODAMA, 2800 Van Ness Avenue, San Francisco, CA 94109 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of plans for a six unit condominium project. LOCATION: East side of Ocotillo Drive, 260 feet south of Tumbleweed Lane. I ZONE: R-3 20,000 (3) S.P. 3. CASE NO• < 276 MF APPLICANT (AND ADDRESS): RALPH SANTOPIETRO, c/o CHARLES MARTIN, 73-725 El Paseo, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of plans for a 12 unit apartment complex. LOCATION: Southeast corner San Pablo and Santa Rosa. ZONE: R-2 Subject to the following condition. That landscape drawings be submitted to the architectural review i commission. _1 S . 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (619) 346-0611 October 10, 1984 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO: 276 MF APPLICANT (AND ADDRESS): RALPH SANTOPIETRO, c/o CHARLES MARTIN, 73-725 E1 Paseo, Palm Desert, CA 92260 NATURE OF;'PROJECT/APPROVAL SOUGHT: Preliniinary approval of plans for a 12 unit apartment complex. LOCATION: Southeast corner San Pablo and Santa Rosa. ZONE: R-2 Upon reviewing the submitted plans and the presentations by the staff and by the applicant, the architectural review commission minute motioned this case. Date of Action: October 9, 1984 Vote: (An appeal of the above action may be made in writing to the city clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. ) STAFF COMMENTS: Please read the attached minutes. MINUTES PALM DESERT PLANNING COMMISSION AUGUST 7, 1984 MR. WALBERG asked if the tennis courts would be lighted, and if so, the lights would shine in the windows. Mr. Martin replied that if the tennis courts were lighted, there would be a time off and they would be shielded. MR. MICHAEL NAY, San Juan, expressed concern over the density and the units being two story. Chairman Crites asked if anyone else present wished to speak in FAVOR or OPPOSITION. Mr. Diaz noted that a condition could be added to limit the number of people per unit to related families, and no more than two unrelated persons. Mr. Martin concurred with the added condition. Commissioner Downs asked if the line of sight was less obtrusive than a single family residence. Mr. Martin confirmed this. It was further noted that under the existing zoning two story construction is permitted. Chairman Crites noted that in addition to the previous condition, two others should be added, to take care of water runoff and maintenance of the five foot setback area. Action: Moved by Commissioner Downs, seconded by Commissioner Wood, to approve the findings as presented by staff. Carried 3-1 (Commissioner Erwood voting nay.) Moved by Commissioner Downs, seconded by Wood, to adopt Planning Commission Resolution No. 976, recommending to city council approval of C/Z 84-9, PP 84-24, TT 20199, DA-8, and a Negative Declaration of Environmental Impact, subject to conditions as amended. Carried 3-1 (Commissioner Erwood voting nay.) A FIVE MINUTE RECESS WAS CALLED AT 8:30 P.M. B. Continued Case Nos. PP 84-22 d PMW 84-9 - RALPH SANTOPIETRO, Applicant Request for approval of a precise plan of design, negative declaration of environmental impact, and parcel map waiver to consolidate the site into one lot to allow construction of a 12 unit apartment project (utilizing 25% density bonus allowed by state law) in the R-2 zone located at the southeast corner of San Pablo and Santa Rosa. Mr. Smith outlined the salient points from the staff report and indicated that the applicant wished to retain the option of converting the apartments to condominiums. Chairman Crites opened the public testimony and asked the applicant to address the commission. MR. CHARLES MARTIN, architect, concurred with Mr. Smith's report. Mr. Smith explained that the agreement for One Quail Place restricted the applicant's converting the apartments to condominiums within ten years. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSMON of the project. Hearing none, the public testimony was closed. Action: ' Moved by Commissioner Downs, seconded by Erwood, to approve the findings as presented by staff. Carried unanimously 4-0. Moved by Commissioner Downs, seconded by Erwood, to adopt Planning Commission Resolution No. 977, approving PP 84-22, PMW 84-9, and a Negative Declaration of Environmental Impact. Carried unanimously 4-0. -3- NOTICE OF DETERMINATION Negative Declaration TO: (X) Clerk of the Board of Supervisors O Secretary for Resources County of Riverside 1416 Ninth St., Rm 1311 n� 4080 Lemon Street _ Sacramento, CA 95814 Riverside, CA 92502 FROM: City of Palm Desert 73-510 Fred Waring Drive cpycN,y�E 1y84 Palm Desert, CA 92260 of pq- 4 s SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or IT of the public resources code. Project Title/Common Name: Santopietro Twelve Unit Project Date of Project Approval: September 13, 1984 State Clearinghouse Number (if submitted): N/A Contact Person: Stephen Smith Project Location: Southeast corner of San Pablo and Santa Rosa Project Description: Twelve (12) unit apartment project This is to advise that the City of Palm Desert has made the following determinations regarding the above described project: I. The project ( ) will, (X) will not, have a significant effect on the environment. 2._ An environmental impact report was prepared for this project pursuant to the provisions of CEQA. A copy of the environmental impact report may be examined at the above city hall address. X A negative declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the negative declaration may be examined at the above city hall address. 3. Mitigation measures (X) were, ( ) were not, made a condition of the approval of the project. 4. A statement of overriding considerations O was, (X) was not, adopted for this project. BOF:nD OF SUPERVISORS ,�ure Title SEP 41984 2, Date Received for Filing LER «':'` CCM Please return date-stamped copy in the enclosed envelope. NOTICE OF DETERMINATION Negative Declaration mI jy 54� TO: (X) Clerk of the Board of Supervisors ( ) Secretary for Resources County of Riverside 1416 Ninth St., Rm 1311 4080 Lemon Street _ Sacramento, CA 95814 Riverside, CA 92502 FROM: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the public resources code. Project Title/Common Name: Santopietro Twelve Unit Project Date of Project Approval: September 13, 1984 State Clearinghouse Number (if submitted): N/A Contact Person: Stephen Smith Project Location: Southeast corner of San Pablo and Santa Rosa Project Description: Twelve (12) unit apartment project This is to advise that the City of Palm Desert has made the following determinations regarding the above described project: I. The project ( ) will, (X) will not, have a significant effect on the environment. 2._ An environmental impact report was prepared for this project pursuant to the provisions of CEQA. A copy of the environmental impact report may be examined at the above city hall address. X A negative declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the negative declaration may be examined at the above city hall address. 3. Mitigation measures (X) were, ( ) were not, made a condition of the approval of the project. 4. A statement of overriding considerations ( ) was, (X) was not, adopted for this project. 9 l� y ignature Title Date Received for Filing Please return date-stamped copy in the enclosed envelope. 1 G ft'lTf off P,ter,_51 Trsfi, :lDc2p=&n ao 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (619) 346-0611 NEGATIVE DECLARATION (Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code). Case No: PP 84-22 and PMW 84-9 Applicant/Project Sponsor: RALPH SANTOPIETRO P.O. Box 1166 Rancho Mirage, CA 92270 Charles L. Martin 73-725 El Paseo, Suite 24C El Paseo, CA 92260 Project Description/Location: Twelve (12) unit apartment complex at the southeast corner of San Pablo and Santa Rosa. The Director of Environmental Services, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the initial study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. RAMON A. DIAZ DA E Director of Environ ental Services RAD/tm 0 AUGUST 9, 198 CITY OF PALM DESERT �01; LEGAL NOTICE a r CeFN4CS Case: SANTOPIETRO DEVELOPMENT AGREEMENT NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by RALPH SANTOPIETRO for approval of a development agreement specifying terms and conditions for the management of a 12 unit apartment complex which will include 3 units affordable by moderate income households, located at the southeast corner of San Pablo and Santa Rosa Way, more particularly described as: APN 627-102-001 and 627-102-004 � Rz1 R. 1Rz �7 ? ! } 4 '� i//�('/ a AD Ll�l l --� H A NC N: SER7 R } 1 ; 1 � 1 form r VF �b F. R -2 7) ! 1 I _ 2 I ; L : i °.IR - 2 � ..: NAY r ... ;A/. TA 1 -{ W - 2 1 SUBJECT PROPERTY R 1 101 00 1 „ GTA '- ! .N R - I - - -R -2 `( 2 W R 2 R R - 2 (7� z R+ 1 R - 1 R -1 S'P. 18,00 5) i R•2 (5) R-2(5) o r�1 1 � W R'3 �.� SAID Public Hearing will be held on September 13, 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. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Desert Post August 31, 1984 /tm CITY OF PALM DESERT TRANSMITTAL LETTER TO: Honorable Mayor and City Council REQUEST: Approval of a development agreement, pursuant to Municipal Code Chapter 25.37, specifying terms and conditions for the management of a 12 unit apartment project containing 3 units affordable to moderate income households located at the southeast corner of San Pablo and Santa Rosa. APPLICANT: RALPH SANTOPIETRO P.O. Box 1166 Rancho Mirage, CA 92270 CHARLES L. MARTIN 73-725 El Paseo, Suite 24C Palm Desert, CA 92260 RELATED CASE NO: PP 84-22 DATE: September 13, 1984 CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No. D. Planning Commission Minutes E. Planning Commission Resolution No. F. Planning Commission Staff Report -G. Legal Notice H. California Code Section 65915 I. Palm Desert Code Section 25.37 --------------------------------------------------=------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass to second reading. B. DISCUSSION: This development agreement involves a 12 unit rental project to be developed under the state mandatory density bonus program. The property is entitled to nine dwelling units according to code. The applicant, in order to receive a 25% density bonus, has indicated he is prepared to execute the agreement attached to the draft ordinance. The bonus program increases the number of units on the site from 9 to 12. Three of the units will be reserved for moderate income households. Moderate income will be based upon the median income for the county. The agreement contains similar controls as have been applied to past affordable projects. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE MANAGEMENT OF A 12 UNIT APARTMENT PROJECT CONTAINING 3 UNITS AFFORDABLE BY MODERATE INCOME HOUSEHOLDS. RELATED CASE NO. PP 84-22 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of September, 1984, hold a duly noticed public hearing to consider a request by RALPH SANTOPIETRO for approval of a development agreement specifying terms and conditions for the management of a 12 unit apartment project containing 3 "moderate affordable" units to be developed under the density bonus provisions of Section 65915 of the California State Government Code. WHEREAS, the Planning Commission, by Resolution No. 977 has recommended approval; — WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-8911, in that the director of environmental services had determined the project has been previously assessed in connection with PP 84-22 for which a negative declaration of environmental impact has been certified. WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments of all persons desiring to be heard, said city council did find the following facts to justify its action as described below: 1. The development agreement is consistent with the general plan, zoning ordinance and specifically implements policies contained within the housing element. 2. The proposed agreement complies with Section 65915 of the California Government Code. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: 1. That the above recitations are true and correct and constitute the findings of the city council in this case. 2. That it does hereby approve the Santopietro 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 at a regular meeting of the City Council of the City of Palm Desert, California, held on this_ day of , 1984, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: WALTER H. SNYDER, Mayor SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California Am AUGUST 9, 1984 CITY OF PALM DESERT LEGAL NOTICE Case: SANTOPIETRO DEVELOPMENT AGREEMENT NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by RALPH SANTOPIETRO for approval of a development agreement specifying terms and conditions for the management of a 12 unit apartment complex which will include 3 units affordable by moderate income households, located at the southeast corner of San Pablo and Santa Rosa Way, more particularly described as: APN 627-102-001 and 627-102-004 I SAID Public Hearing will be held on September 13, 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. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Desert Post August 31, 1984 /tm wu s POSTaa;� ---- 2 0 I. POST OFFICE BOX 1977,PALM DESERT,CALIFORNIA 92261 a(. ATTEBiPTE= , �.., 7 0 � e 'a:iaanks INSUFFICiL 'I w '3605 5 n .a. ROsa Way Fi0 SU —a Palm s.er.l Ca a���. VACANT -- E"11:I: is 28,21821fW1. 08/28/011 RFFlISED�--- — 1 EXPIRED F,�I� — _ ruF;ra r o sr: rlc,�_:F Ri#� �2rV/A{� IN T 1)E::L:1VEERIA:LE= t 1 F1DI:)Fil:SSilil:) fNfiDt4 ` W l.11v'f-71 L..le;TO FORWARD - J AUGUST 9, 1984 CITY OF PALM DESERT LEGAL NOTICE Case: SANTOPIETRO DEVELOPMENT AGREEMENT i NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by RALPH SANTOPIETRO for approval of a development agreement specifying terms and conditions for the management of a 12 unit apartment complex which will include 3 units affordable by moderate income households, located at the southeast corner of San Pablo and Santa Rosa Way, more particularly described as: APN 627-102-001 and 627-102-004 R` t el PI 4ANCw ROAD .SERT /0% TP Rt R4-t 1,�,Z/J t former t R -2 7) ' I i i - 2 1 1 1 I ;. I R G Gy W NAy ' jAI, TA C $ A , G ii w R _ 2 s r SUBJECT PROPERTY - R 1 10100I - LiE t — - -R -2 R - I „ E 1i I m 2 W .R-2 R�i R=1 R - 2 (7JL A RH R R a 1 '-I . S, 1'. 1.4,0 iS1 w R•2 (5) R2(5) a _i ' Q � W 7 F (If v 77l77/ SAID Public Hearing will be held on September 13, 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. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Desert Post August 31, 1984 Am 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: July 9, 1984 Mr. Ralph Santopietro Mr. Charles L. Martin P.O. Box 1166 73-725 El Paseo, Suite 24-C Rancho Mirage, CA 92270 Palm Desert, CA 92260 Re/"PP and PMW 84-9 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of July 3, 1984. Continued to August 7, 1984 Any appeal of the above action may be made in writing to the director of environmental services, City of Pal41Dje t, within fifteen (15) days of the date of the decision. RAMON A. DIAZ, SECRETARY PLANNING COMMISSION RAD/lcr cc: File(s) C.V. Water District I e�l✓1V� City of Palm Desert Staff Report TO: Planning Commission DATE: July 3, 1984 CASE NO: PP 84-22 d PMW 84-9 REQUEST: Approval of a precise plan of design, negative declaration of environmental impact, and parcel map waiver to consolidate the site into one lot to allow construction of a 12 unit apartment project (utilizing 25% density bonus allowed by state law) in the R-2 zone located at the southeast corner of San Pablo and Santa Rosa. APPLICANT: Ralph Santopietro P.O. Box 1166 Rancho Mirage, CA 92270 ARCHITECT: Charles L. Martin 73-725 El Paseo, Suite 24C Palm Desert, CA 92260 I. BACKGROUND: A. DESCRIPTION OF SITE: The property is a flat, vacant 38,111 square foot V shaped site. Above ground power lines exist along the north, south, and west sides of the site. Also, along the west property line adjacent to San Pablo are several large tamarisk trees. Along the south property line around the developed site is a cedar board fence. B. ADJACENT ZONING AND LAND USE: North: R-2/Vacant - Formerly Macco Constructors South: R-I/Vacant East: R-2/Vacant West: R-2/Vacant C. GENERAL PLAN LAND USE DESIGNATION: Medium density residential, 5-7 d.u./acre. H. PROJECT DESCRIPTION: A. GENERAL: The project consists of 12 two bedroom apartment units provided in three buildings utilizing two story structures. Each of the units will be 885 square feet. The R-2 zone allows one unit for every 4,000 square feet of lot area. The three buildings will be located adjacent to San Pablo and along Santa Rosa. A 25 foot driveway along the east property line provides access to parking located at the southeast portion of the property. B. DENSITY: As stated previously, the R-2 zoning permits one unit for every 4,000 square feet. For this 38,111 square foot lot, 9 units would be permitted. Chapter 4.3 of the State Planning Law (California Code No. 65915) states that should a developer provide at least 25% of the units within a housing project affordable to low or moderate income households, the city shall grant a density bonus or increase of at least 25% over the number of units allowed by the zoning. If the city does not grant the increased density, then it must provide equivalent financial incentives. - 1 - PP 84-22 and PMW 84-9 Continued July 3, 1984 In this case the density bonus would increase the permitted number of units to 11.9 units. The zoning ordinance makes provision (Section 25.56.160) to allow the additional unit, "if after dividing the area of a site in a residential district by the site area required per dwelling unit, a remainder equal to greater than ninety percent (90%) of the area required for an additional dwelling unit may be located on the site; provided that all other applicable yard open space, bulk, and parking regulations are met." The additional three units will have to be affordable to moderate income households (three person households) earning less that $22,562. Maximum rent for these three units initially will be $564.00 per month. A development agreement (draft copy attached) will have to be approved by the city council prior to issuance of any building permits. The increased density will not result in significant negative traffic or aesthetic impacts. C. PARKING: Code requires that a total of at least 24 parking spaces be provided for a 12 unit apartment complex of which at least 12 must be covered. The project provides 30 parking spaces (12 covered and 18 open). The extra 6 spaces would permit a future conversion of condominiums should the owner choose to do so. (A discussion of the implications the conversion to condominiums would have on the development agreements is provided later in the report.) D. ARCHITECTURE/DESIGN: The three buildings are proposed to be spanish in nature. More complete architectural plans will be reviewed and must be approved by the Architectural Commission. III. ANALYSIS: A. FINDINGS FOR APPROVAL OF PRECISE PLAN: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. Response: The precise plan as approved will comply with code requirements; architectural plans must be approved by the architectural commission and the project will be the first new development in the area in some time. The project should not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use of and enjoyment of property in the vicinity by the occupants thereof for lawful purposes. Response: The surrounding land in the vicinity is zoned for the same type of use as proposed, and owners would not be deprived the use of their land. 3. The precise plan will not endanger the public peace, health, safety, or general welfare. Response: The precise plan will comply with all code requirements and must receive architectural commission approval and will not be detrimental to the public peace, health, safety, or general welfare. The plan as submitted complies with code. Commission should review the precise plan and determine its adequacy relative to the required findings. - 2 - PP 84-22 and PMW 84-9 Continued July 3, 1984 B. FINDINGS FOR APPROVAL OF PARCEL MAP WAIVER: The required findings for approval are that the proposed waiver and the resulting parcels comply with applicable requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the municipal code. These findings can be justified because the project complies with applicable city ordinances and can be serviced adequately by the utilities. C. ENVIRONMENTAL REVIEW: The director of environmental services has determined that the proposed project will not have an adverse environmental impact on the environment and a negative declaration of environmental impact has been prepared. IV. POSSIBLE FUTURE CONVERSION TO CONDOMINIUM: As indicated in the "Parking" section, the applicant may in the future wish to convert the units from rental to condominium. This may be possible; however, the development agreement will have to be amended at that time to establish a maximum sales price and resale controls for the three affordable units. V. RECOMMENDATION: The plan as submitted complies with code. Should commission wish to approve the proposed precise plan, parcel map waiver, and negative declaration of environmental impact, the appropriate action would be: A. Adoption of the findings. B. Adoption of Resolution No. , approving PP 84-22 and PMW 84-9. VI. ATTACHMENTS: A. Draft Resolution B. Legal Notice C. Draft Development Agreement D. Comments from City Departments and Agencies E. Plans and Exhibits Prepared by: Reviewed and approved by: AM - 3 - PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN, PARCEL MAP WAIVER, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A DEVELOPMENT AGREEMENT TO ALLOW CONSTRUCTION OF A 12 UNIT APARTMENT PROJECT AT THE SOUTHEAST CORNER OF SAN PABLO AND SANTA ROSA. CASE NOS. PP 84-22 and PMW 84-9 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of July, 1984, hold a duly noticed public hearing to consider a request by RALPH SANTOPIETRO for approval of a precise plan of design, parcel map waiver, negative declaration of environmental impact, and development agreement to allow construction of a 12 unit apartment complex on a 38,111 square foot site at the southeast corner of San Pablo and Santa Rosa. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of environmental services has determined that the project will not have a negative impact on the environment and a Negative Declaration has been prepared. WHEREAS, at said pulbic 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 its actions: 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. 4. That the proposed waiver to consolidate two lots into one lot and that resulting parcel complies with applicable requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the municipal code. 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 84-22 is hereby granted for reasons subject to the attached conditions. 3. That approval of PMW 84-9 is hereby granted. 4. That a negative declaration of environmental impact is hereby approved subject to implementation of the attached conditions. 5. Approval of the Santopietro Development Agreement, Exhibit 'C' is recommended to the city council. PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 3rd day of July, 1984, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD CRITES, Chairman ATTEST: RAMON A. DIAZ, Secretary AM J PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL Case No. PP 84-22 Department of Environmental Services: 1. The development of the property shall conform substantially with exhibits on file with the department of environmental services, as modified by the following conditions. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, architectural commission, subdivision process, and building permit procedures. 3. Construction of a portion of said project shall commence within one year from the date of final approval unless a time extension is granted, otherwise said approval shall become null, void and of no effect whatsoever. 4. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 5. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District Palm Desert Water and Services District Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 6. Location and design of trash enclosures shall be coordinated with Palm Desert Disposal Company. 7. Project to be provided with a minimum six foot high solid masonry wall along perimeter property lines (except for approved openings) or other walls or features as may be acceptable to Architectural Commission. 8. Twenty-five percent (25%) of the units shall be reserved and affordable for moderate income households. Prior to issuance of a building permit, the owner shall execute an agreement with the city specifying the terms and conditions by which the required moderate income units shall be rented and controlled. 9. That the owner (developer) prior to issuance of building permit, provide evidence to the city that he has paid school mitigation fee ($628/unit) to the Desert Sands Unified School District. Department of Public Works: 10. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 11. Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drainage Plan, to the specifications of the.Director of Public Works. 12. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. -3- PLANNING COMMISSION RESOLUTION NO. 13. Full public improvements, including traffic safety lighting, as required by ordinance and the Director of Public Works, shall be installed in accordance with city standards. 14. Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as-built" plans prior to acceptance of the improvements by the city. 15. Landscaping maintenance on San Pablo/Santa Rosa shall be provided by the owners. 16. Existing utilities on Santa Rosa shall be undergrounded. 17. 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. 18. Dedication of five feet of right-of-way on Santa Rosa shall be done prior to issuance of any permits and approval of plans. 19. Installation of curb and gutter at eighteen feet from centerline, matching paving and sidewalk on Santa Rosa. 20. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the required offsite improvements prior to building permits being issued. 21. Size, number and location of driveways to Public Works specifications. 22. Only one driveway approach will be allowed to serve this property. Size and location to Public Works specifications. Palm Desert Water & Services District: 23. Frontage fee of $12.00 per foot will be imposed along Santa Rosa Way. 24. The District will install four IYz-inch water meters at a cost of $1,150 each. 25. The water service installation charges will be as follows: Four-inch water meter @ $1,150/each $4,600 Frontage Fee for 260 feet @ $12.00/ft. 3,120 TOTAL $7,720 26. All fees and meter installation charges must be paid before the installation work will begin. 27. At least on week advance notice should be given. 28. There is an existing fire hydrant approximately 225' east of the project site. Also, there is an existing hydrant across San Pablo Avenue to the west which may have to be upgraded. Also, the addition of any fire hydrants or the relocation of any existing, if required by the City Fire Marshall would be completed at the owner's expense. Fire Department: 29. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a two (2) hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. Fire flow requirements will depend on built-in fire protection provisions of buildings. -4- PLANNING COMMISSION RESOLUTION NO. 30. Install Riverside County super fire hydrants located: a. install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. b. exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. C. curbs shall be painted red 15 feet in either direction from each hydrant. d. hydrants shall not be located closer than 25 feet to any building. 31. Prior to issuance of a building permit, the developer shall furnish the original and three copies of the water system plan to the Fire Marshal for review. Upon approval one copy will be sent to the Building Department, and the original will be returned to the developer. 32. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in PP 84-22 is in accordance with the requirements prescribed by the Fire Marshal." 33. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 34. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 35. Dead end access not to code. -5- CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP 84-22 and P:N W 84-9 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by RALPH SANTOPIETRO for approval of a precise plan of design to allow 12 residential units, a parcel map waiver to consolidate the two lots into one property, and a negative declaration of environmental impact as it relates thereto, for a 38,111 square foot property in the R-2 zone, located at the southeast Corner of San Pablo and Santa Rosa, more partici;larly described as: APN 627-102-001 627-102-004 -. SERT I r li,• 1000 �� R-L Rat former. it h - ; f - -I Iq bb SL P R - 2 7) I .�- - 2S WOW Fi "fti PEk1' I 2 R - 2 R - 2 (7) t R R = R`l • , 18 00 ,0 S:P. R 2 (5) R2(5) .• 2 W Ln v N � 3 r tj R=3 �l R-3 SAID Public Hearing will be held on Tuesday, July 3, 1984, at 7:00 p.m., in the Council Chamber at 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. DIA2, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post June 22. 1984 /tm PLANNING COMMISSION RESOLUTION NO. 2. As used herein, "moderate income households" shall refer to families or individuals whose gross income does not exceed the Riverside 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 data is made available by other officially recognized agencies, the applicant may request amendment of this agreement to include such data. 3. Rent for AFFORDABLE UNITS shall not exceed 30% of the gross income of moderate income households. The maximum rent for the three (3) two bedroom, two bath units shall be based on income figures for 3 person households, resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. 3 - 2 bedroom 2 bath $564 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 AFFORDABLE UNITS shall be equipped in the same fashion and their exterior shall be identical in quality and desirability as other units in the project. -The AFFORDABLE UNITS shall be evenly dispersed throughout the project. The exact location of the AFFORDABLE UNITS shall be changed from time to time as vacancies permit. 6. The DEVELOPER shall maintain the quality of the buildings, grounds and recreation facilities consistent with their condition at the time of issuance PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" RALPH SANTOPIETRO 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 Ralph Santopietro, (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 precise plan (PP 84-22) to construct 12 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 84-22 (hereinafter "PROJECT') 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 12 rental residential units on the PROPERTY by Precise Plan 84-22 and Planning Commission Resolution No. . As a condition of said approvals DEVELOPER is required, and hereby agrees to .reserve for rent 3 units for moderate income households. Hereinafter these 3 units shall be referred to as "AFFORDABLE UNITS". These AFFORDABLE UNITS shall consist of three (3) two bedroom two bath units. PLANNING COMMISSION RESOLUTION NO. of certificate of occupancy. The DEVELOPER shall post a $2,500 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 3 aforementioned AFFORDABLE UNITS shall be reserved for moderate income households. This agreement has been prepared based on the premise that the PROJECT would be operated as rental housing. The DEVELOPER or his successor may apply to amend this agreement to allow conversion to condominium. The DEVELOPER will be required to conform to all applicable zoning and building regulations in effect at this time. The amendment shall include a program to maintain the availability of the 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 PLANNING COMMISSION RESOLUTION NO. permits associated herewith and the zoning of the property shall revert to the base R-2. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated, then enforcement of provisions of this agreement shall be pursued through legal action per No. 8 of this AGREEMENT. 10. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 11. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. IN WITNESS WHEREOF the parties have executed this Agreement the year and date first above written. THE CITY OF PALM DESERT By By DEVELOPER (Notarized) By RALPH SANTOPIETRO ATTEST: PLANNING COMMISSION RESOLUTION NO. EXHIBIT "1" Property Description Lots 1 and 4, Palma Village Groves, Map Book 10/31. INTEROFFICE MEMORANDUM City of Palm Desert TO: Director of Environmental Services FROM: Director of Public Works SUBJECT: PP 84-22 - RALPH SANTOPIETRO DATE:June 14, 1984 The following should be considered as conditions of approval : (1) Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. (2) Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drainage Plan, to the specifications of the Director of Public Works. (3) Additional storm drain construction shall be contingent upon a drainage study by the private engineer. (4) Full public improvements, including traffic safety lighting, as required by ordinance and the Director of Public Works, shall be installed in accordance with city standards. (5) Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construc- tion of any improvements is commenced. The subdivider shall submit "as-built" plans prior to acceptance of the improvements by the city. (6) Landscaping maintenance on San Pablo Avenue/Santa Rosa shall be provided by the owners. (7) Existing utilities on Santa Rosa shall be undergrounded. (8) Complete grading plans and specifications shall be submitted, as required..by ordinance, to the city engineer for checking and approval prior to issuance of any permits. . (9) Dedication of five feet of right-of-way on Santa Rosa shall be done prior to issuance of any permits and approval of plans. (10) Installation of curb and gutter at eighteen feet from centerline, matching paving and sidewalk on Santa Rosa. (11) Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the required offsite improvements prior to building permits being issued. (12) Size, number and location of driveways to Public Works specifications. (13) Only one driveway approach will be allowed to serve this property. Size and location to Public Works specifications. 6UYYCCLELLAN, P.E. BDM/ms f Palm 2edert Water Services 2iatrict 44500 PORTOLA AVENUE BOX 161 PALM DESERT, CALIFORNIA 92261 r�� BOARD OF DIRECTORS: - a ,'r Phone:(6191348.8338 ROBERTC. H. LAWMAN, President �N` • " "1`1 R. CLAIR McDONOUGH ? n SHARON K. EPPS PHYLLIS GRIGGS• District Secretary •• _ Mr . Ramon Dial `` s 9 y% ��. Director , Environmental Services `•" °<s �rts City of Palm Desert 73-510 Fred Waring Drive Palm Desert , California 9_2260 Re : Case No. PP 84-22 Ralph Santopietro , 12-Unit Apartment Complex Lots 1 and 4 Palm Village Garden Tract , Santa Rosa Way Dear Mr . Diaz : — -- 1n response to your letter regarding the above referenced rciect , we would like to make the following comments : : • Frontage fee of S12 . 00 per foot will be imposed along Santa Rosa Wa_v . -, The District will install four 1k-inch water meters at a cost of $1 , 150 each each. 3 . The water service installation charges will be as- follows : Four-inch water meter @ $1 . 150/each $4 , 600 - Frontage e_e. or 260 feet r $12 . 00/ft . 3 , 120 TOTAL 7 , 720 4 . All fees and meter installation charges must be paid before the installation work will begin . At least one week advance notice should be given. 6 . There is an existing fire hydrant approximately 225 ' east of the project site. Also there is an existing hydrant across San Pablo Avenue to the west which may have to be upgraded. Also , the addition of any fire hvdrants or the relocation of any existing, if required by the City Fire Marshall would be completed at the owner ' s expense . Mr. Ramon Diaz June 8 , 1984 Page 2 If you have any questions in regard to the above , please do not hesitate to contact us . Very truly yours , Robert Lawman , President Palm Desert Water & Services District RL : DGS : dm - -- .. n1 v caowc c,vviv 1 1 1! FIRE DEPARTMENT IN COOPERATION WITH THE r C LINTY_ CALIFORNIA DEPARTMENT OF FORESTRY RIVERS ...•.••. a DAVID L.FLAKE FIRE CHIEF 210 WEST SAN JACINTO AVENUE June 11, 1984 �_ r�`PERRIS,CALIFORNIA 92370 } ,•2 ?ELEPHONE:(714)657.3183 w' � Ramon A. Diaz Director of Environmental Services 73-510 Fred Waring Drive Palm Desert, CA 92260 Reference: Case No. PP 84-22 Appliant: Ralph Santopietro Dear Mr. Diaz: The following fire protection requirements are in accordance with the Uniform Fire Code and Life Safety Code standards. 1. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a two (2) hour duration in addition to 'domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. Fire flow requirements will depend on built-in fire protection provisions of buildings. 2. Install Riverside County super fire hydrants located: a. install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. b. exterior surface of hydrant barrels and heads shall be painted chrome yellow, . and the tops and nozzle caps shall be painted green. c. curbs shall be painted red 15 feet in either direction from each hydrant. d. hydrants shall not be located closer than 25 feet to any building. 3. Prior to issuance of a building permit, the developer shall furnish the original and three copies of the water system plan to the Fire Marshal for review. Upon approval, one copy will be sent to the Building Department, and the original will be returned to the developer. 4. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in PP 84-22 is in accordance with the requirements prescribed by the Fire Marshal." S. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow, Ramon A. Diaz 6/11/84 Dir. of Env. Serv. Page 2. Palm Desert 6. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 7. Dead end access not to code. Sincerely, DAVID L. FALKE Fire Chief � By �LG� Eric L. Vogt Fire Marsha to cc: Bob Mainiero PDWS 0700 CENTRAL AVENUE • RIVERSIDE CALIFORNIA MAILING ADDRESS: P. O. SOX 2200. RIVERSIDE, CALIFORNIA M16.2200 June 11, 1984 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 REFERENCE: PP 84-22 This letter is not to be interpreted as a contractual commitment to serve the proposed projects; but only as an information service . Its intent is to notify you that the Southern California Gas Company has facilities in the area where the ,' above named project is proposed . Gas service to the project can be provided without any significant impact on the environment . The service would be in accordance with the Company' s policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made. In conclusion , no objection, recommendations or other comment is being made. Sincerely, Carmen Richards Distribution Planning Aide CR:mac ESTABLISHED IN 1918 AS A PUBLIC AGENCY 4t COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1o58• COACHELLA, CALIFORNIA 92236 •TELEPHONE(619)39&2651 DIRECTORS OFFICERS DIR RA MONDCTOR R.RUMMONDS,PRESIDENT LOWELL O.WEEKS,GENERAL MANAGER—CHIEF ENGINEER TELLIS CODEKAS.VICE PRESIDENT N SUTTO N,SECRETARY JOHN P.POWELL REDW WI INE AND ND SH ERRILL.ATTORNEYS PAUL W.NICHOLS June 15, 1984 STEVE 0.BUXTON File: 0163. 11 0721. 1 1. Department of Environmental Services City of Palm Desert Post Office Box 1977 Palm Desert, California 92261 Gentlemen: Subject: Precise Plan 84-22, Portion of NE'1t, Section 20, Township 5 South, Range 6 East San Bernardino Meridian This area is protected from stormwater flaws by a system of channels and dikes, and may be considered safe from stormwater flows except in rare instances. This area is shown to be subject to shallow flooding and is designated Zone AO, depth one foot on Federal Flood Insurance rate maps which are in effect at this time. However, we expect the map to be revised due to the construction of the Palm Valley Stormwater Project. The District will furnish sanitation service to this area in accordance with the current regulations of this District. This area shall be annexed to Improvement District Nos. 54 and 80 of Coachella Valley Water District for sanitation service. Yours very truly, z Lowell Weeks Gen ral Manager-Chief Engineer CS:ra cc: Riverside County Department of Public Health, Indio TRUE CONSERVATION USE WATER WISELY y` PP 84-22 and CASE NO. p1.1W 8_4—_ EN9'IROMHtN1 TAL SERVICES DEPT. INITIAL STUDY EiN-VIRONMENTAL EVALUATION CHECKLIST NOTE: The availability of data necessary to address the topics listed below shall form the basis of a decision as to whether the application is considered complete for purposes of environmental assessment. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers, possible mitigation measures and comments are provided on attached sheets ) . _ _Yes Maybe No 1 . Earth. Will the proposal result in: , a. Unstable earth conditions or in changes in _ geologic substructures? b. Disruptions , displacements , compaction, or overcovering of the soil? r. c. Change in topography or ground surface relief ✓ features? d. The destruction, covering ., or modification of_ any_, unique geologic or physical features? e. Any increase in wind or water erosion of / soils , either on or off the site? V 2. Air. Will the proposal result in: a. Air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature, or any change in climate, / either locally or regionally? 21 Yes Maybe No 3. Water. Will the proposal result in: a_. Changes in currents , "or the course or / direction of water movements? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? c. Alterations to the course or flow of — — flood waters? d. Alteration of.the direction or rate of / flow of ground waters? V e. Change in the quantity- af_ ground waters, 1 either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? f. Reduction in the amount of water other- wise available for public water supplies? _ — — 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of plants (including trees , shrubs , grass , and / crops )? - b. Reduction of the numbers of any unique, rare, or endangered species of plants? c. Introduction of new species of plants into an area , or in a barrier to the normal replenishment of existing species? S. Animal Life. Will the proposal result in: a. Changes in the diversity of species, or numbers of any species of animals (birds , land animals including reptiles , or — — insects)? b. Reduction of the numbers of any unique, / rare, or endangered species of animals? c. Introduction of new species of animals into an area, or result in a barrier. to / the migration or movement of animals? d. Deterioration to existing wildlife %. habitat? V I 3. Yes MAL a No 6. Natural Resources. Will the proposal result- in: a. Increase in .•the rate of use of any natural resources? - r — — — b. Depletion ofeany non-renewable natural resource? — 7. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? — — b. Demand upon existing sources of energy, or re- quire the.deselopment of new sources of / energy? V 8. Risk of Upset t iDoes the proposal involve a risk of an explosion or the release of hazardous substances (including, but not, limited to, pesticides, oil , chemicals , or radiation) in the event of an accident or upset conditions? 1c — — — 9. Economic Loss. Will the proposal result in: :i a. A change in the valve of property and improvements endangered by flooding? t• — — b. A change in the value of property and improverientsrexposed to geologic hazards beyond accepted community risk standards? V 10. Noise. Will the proposal increase existing noise levels toethe point at which accepted community noise and vibration levels are exceeded? i 11. Land Use. Willethe proposal result in the a tTation of the present developed or planned land use of an area? 12. Open Space. Will the proposal lead to a decrease in the ;amount of designated open / space? 13. Pooulation. Will the proposal result in: a. Alterat•icn ol` the location, distribution, density, or growth rate of the human population of- the City? b. Change in the population distribution by age, income,72-eligion, racial , or ethnic group , occupational class , heusehrld type? 4. Yes Maybe No 14. Emoloyment. Will the proposal result in additions new long-term jobs provided, or a change in the number and per cent employed, / unemployed, and underemployed? 15. Housing. Will the proposal result in: a. Change in number and per cent of housing units by type (price or rent range, zoning category, owner-occupied and rental , etc. ) relative to demand or to number of / families in various income classes in the City? _ V b. Impacts on existing housing or creation of a — demand for additional housing? 11, Transportation/Circu.lation. Will the proposal / result in: a. Generation of additional vehicular movement? V b. Effects on existing parking facilities, or demand for new parking? _ c. Impact upon existing transportation systems? _ _ Z d. Alterations to present patterns of circulation / or movement of people and/or goods? e. Increase in traffic hazards to motor vehicles , / bicyclists , or pedestrians? 17. Public Services. Will the proposal have an effect upon , or resu t in a need for, new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities , including / roads? _ _ v f. Other governmental services? _ _ yam., 5. Yes Maybe No 18. Public Fiscal Balance. Will the proposal result in a net change in government fiscal flow (revenues less operating expenditures / and annualized capital expenditures)? _ V 19. Utilities. Will the proposal result in a need for new systems , or alterations to the following utilities: a. Power or natural gas? - - v b. Communications system? JZ c. Water? d. Sewer or septic tanks? — — e. Storm water drainage? _ — f. Solid waste and disposal? — — 20. Human Health. Will the proposal result in: a. The creation of any health hazard or " potential health hazard? b. A change in the level of community health / care provided? 21 . Social Services. Will the proposal result in an increased demand for provision of general / social services? V 22. Aesthetics . Will the proposal result in: — a. Obstruction of any scenic vista or view / open to the public? `/ b. The creation of an aesthetically offensive / site open to public view? V c. Lessening of the overall neighborhood (or area) attractiveness, pleasantness , and uniqueness? 23. Licht and Glare. Will the proposal produce new light or g are? 24. Archecloaical/Historical . Will the proposal result to an a r his ton historical a significant archeological or historical site, structure, object, or building' \ ul ( 6. Yes Maybe No 25. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment or to curtail the diversity in the environment? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental .goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time / while long-term impacts will endure well into the future. ) _ c. Does the project have impacts which are indi- vidually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small , but where the effect of the total of those impacts on the environment is significant. ) d. Does the project have environmental effects which will cause substantial adverse effects on human beings , either directly or indirectly? _ s Initial Study Prepared By: fKi _ INITIAL STUDY Environmental Evaluation Checklist explanation of "yes" and "maybe" answers, possible mitigation measures, and comments. 1. EARTH b. The soil on the site, which is vacant, will be over-covered by virtue of construction, paving, and landscaping. This activity of the proposed site would not have a negative impact on the environment and no mitigation measures are necessary. e. This proposal may result in temporary wind erosion of soil due to construction—Mitigation of impacts will occur by compliance with city requirements for watering during grading and construction phases. 3. WATER b. This proposal will result in a change in absorption rates, drainage patterns, and the rate and amount of surface runoff by virtue of development. Compliance with applicable grading ordinances at time of development will mitigate any adverse impacts. 11. LAND USE The proposed residential project, while not altering the planned residential land use in the area, is requesting approval of 25% density bonus as allowed by state law. Therefore, instead of 9 units, the proposal is for 12 units. No mitigation measures are necessary since the project complies with applicable city codes and would provide some affordable housing. i 15. HOUSING a. The proposed project, if approved, will add 3 moderately priced and controlled units to the city's housing supply. A need for moderately priced rental housing was identified in the recently prepared housing element update. 16. TRANSPORTATION/CIRCULATION a. The 12 units could generate up to 10 trips per unit per day. That would amount to 120 trips per day for the project. Trip distribution will be primarily towards Highway III and Fred Waring from San Pablo and the driveway on Santa Rosa. As mitigation measures, street dedications (where applicable) and street improvements will have to be provided. 17. PUBLIC SERVICES C. The Desert Sands Unified School District has advised the city that it is currently experiencing overcrowding conditions and that to mitigate this problem, a school impact mitigation fee of $628 per unit is required. The application has been conditioned to require payment of said fee. 23. LIGHT AND GLARE There may be some new lighting provided for safety, security, and aesthetic reasons. Mitigation measures will include utilization of lights designed for the appropriate use and provided with shields where necessary. j G$(]�Tr off 1FWn=1 lmc!p=<Z� 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 NEGATIVE DECLARATION (Pursuant to Title 14, Division 6, Article 7, Section 15083,. of the California Administrative Code). Case No- PP 84-22 and PMW 84-9 Applicant/Project Sponsor: RALPH SANTOPIETRO _ P.O. Box 1166 -- Rancho Mirage, CA 92270 Charles L. Martin 73-725 El Paseo, Suite 24C El Paseo, CA 92260 Project Description/Location: Twelve (12) unit apartment complex at the southeast corner of San Pablo and Santa Rosa. The Director of Environmental Services, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the initial study has been attached to document the reasons in support of this finding. Mitigation measures, if- any, included in the project to avoid potentially significant effects, may also be found attached. RAMON A. DIAZ DATE Director of Environmental-Services RAD/tm �p' 1985 ENVIRONMENTAL SERVICES August 1 , 1985 CITY OF PALM DESERT Ray Diaz Palm Desert Planning Dept. Palm Desert, CA 92260 Re : PP 84-22 extension Dear Mr. Diaz, A year has passed (August 7 , 1985) since our last pro- ceedings with the City. Due to the magnitude of the project, and certain financial difficulties, I was un- able to proceed as expected with my twelve unit project. Due to the above reason, I am requesting that a time extension of one year be granted. Thank you for your considerations in this matter. Si erely, al S topie Owner Dot 1 & 4 Palm Village Garden Tract No . 1 CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP 84-22 and PM W 84-9 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by RALPH SANTOPIETRO for approval of a precise plan of design to allow 12 residential units, a parcel map waiver to consolidate the two lots into one property, and a negative declaration of environmental impact as it relates thereto, for a 38,111 square foot property in the R-2 zone, located at the southeast corner of San Pablo and Santa Rosa, more particularly described as: APN 627-102-001 627-102-004 t a� Rrl j-- Lr NA NC"C' R All 7ESERT PI Rtt R t n orm r t77 . R'VF P. � -- -;---- R -2 7) I i i � � , ( - 2 � Li 1 R - 2 v NAY � ;AN TA CSA : - 2 z I W SUBJECT PROPERTY N i R 1 10100 h' A Y n Y I A T A l ; N A r ----f2-2 R - 1 I R-2 2 r R } R- I RJY::I �,. ,. ,.R,. 18,00 J '-2 1 "" ''J7�� / SAID Public Hearing will be held on Tuesday, July 3, 1984, at 7:00 p.m., in the Council Chamber at 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: Palm Desert Post June 22, 1984 Am ti 11 ''uu PIA uR d ; .c ALfIQ fv , - � N N fN U, 1 � f 22 I`"y/984 _ POST OFFICE BOX 1977,PALM DESERT,CALIFORNIA 92261 RON; oG IT . - J FCi�itl Iraj Naimi Akbar �1 82231 Highway 111 Indio, CA '922a3 Ji id 2 1984 EIC17Y OF ENTAL SERVICES PALM DESERT �- 8 -- �Gl _ _ _ _ _� _- - 3f�� ___ � ,��_ � __ __ _ -- - - -- - _f�� - � , 4 - -- - ,��:�- - - s - - - - REVISIONS BY ' h SAN •y 7 A R A TIBMAAJ�`1 ON 0 1 6� , 4 } tt , 1 ` r �1 . , I r , i • ' t ' � •, ZZ tt t� ,_ ., x .' is '.St 1: .,ct�,S� ij�• i /, y 1 ta.-94= M. . .;. : # +18 7! 011, r 2 (y , , i t , : M; •ram; . r, i, /�f 'i38111 .252x 1425 47639.065 4 r. 000 11 .909766 K� ♦ / : .lx __ �/j • __ - ,.. l � r 2 t� E 'yak} i ' �y pr 5 x i- + MCI 12 GARAGES, t [[� � say �1 $= OPEN N PARKING PACEi WU < , 9 jov q ro, ( t 'r s- + jywm y I S x r c} <ti • - x._ _1_.�� iGROUP OPEN SPACE 300 ,* :. ... ✓;,rt _ r... ,.. + a .. , ... ,. is .. _ - : ., :�_ __. { _ _ I f r, ._ , .... ,;} .....:". 6145 PROVIDED13 2d-O 2 -0 S�-O 454 r Yi n Q cc L ,AN., Lu L I' r �T II i a N I a . 4 i , _ 1 I • i A r North . ., :... 11CL I �- 20 a Co I Date I Scale tot I Dravmlb 0 4 _ - • - P O v b ` Sheet T { - L_. ,s. .:., '..._. .r ... .. _.,... _,... - ... -y� .-. €. 1. ,. ,. .. 2.,. , ,. 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