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HomeMy WebLinkAboutPP 86-22 SENIOR HOUSING/COUNTRY CLUB DRIVE 1987 _2 TENTATIVE TRACT'--_—. PRECKE' PLAN—l' o ZONE HANGE PARCEL MAP---- v VAWNQF-� REFER 1(1:-.- 17 AF'PLIC/-\r]T:,. !2�L� f I-OCAF ION REQUEST EXISTING ZONE- PROGRESS DATE BY COMMENTS APPLICAI ION RECEIVED LEGAL PUBLICATION SENT NOTICES SE-AT FIELD INIVE.,-;TIGATION -.--DEPlS. NOTIFIED BUILDING ENGINEERING FIRE POLICE RECREATION & PARKS SCHUOL DISTRICT filViSloil OF HIGHWAYS CONTROL PRELIMFIARY MEETING ST;�-F-F- R—T FINAL PLAN APPROVAL L PRECISE PLAN (6) I PLAN (5) j.L _ q,�)PING PLAN. DIRECTOR MOD. (6) HEARINGS & ACTIONS DATE ACTION VOTE -Wi V 7ik--Wi -I k iA-Ri5---HEARING ---P.iC"-,[][--APING PUBLISHED PC, PU7BLIC I-IEARING--------- ­W�PIZA'IN-T NOTIFIED (17A-" GC. PUBLIC HEARING L LUL 2&LC- NO. TION NO. RESOL.11 EFFECTIVE DATE RECORDED FOR DATA- BANK -----i - ,--.Z0NING',' MAP CORRECTED PLANNING COMMISSION RESOLUTION NO. 1265 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TWO LOT PARCEL MAP AND RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO A DEVELOPMENT AGREEMENT FOR AN 113 UNIT SENIOR HOUSING PROJECT ON 7 . 2 ACRES LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE, 1600 FEET EAST OF MONTEREY AVENUE. CASE NO: PH 23058 AND DA 86-5 AMENDMENT WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the ist day of December, 1987, hold a duly noticed publ ir_ hearing to consider a two lot parcel map and development agreement amendment modifying the mix of affordable units for a 113 unit senior housing project on 7.2 acres located on the south side of Country Club Drive, 1600 feet east of Monterey Avenue. WHEREAS, at said public hearing, upon hearing and considering all t:c�tininny and arguments of all interested persons desiring to be heard said planning commission did find the following facts to exist to justify their actions. PARCEL_MAP I . The proposed map, Its design, improvements, type of development and density are consistent with the State Subdivision Map Act, the Palm Desert Subdivision, Zoning Ordinance and General Plan. 2. The design of the subdivision insures that the project will not result in environmental damage, injure fish or wildlife, degrade water quality or create public health problems. 3. The map will not conflict with public easements. DEVELOPMENT AGREEMENT AMFNDMENT 1 . The proposal inclusion of studio units with a 121. rent reduction in the affordable housing program is consistent with intent and purpose of the senior overlay ordinance. NOW, TIiEREFORE, DE 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 Tentative Parcel Map No. 23058 Exhibit "A" on file in the Department of Community Development/Planning is approved and DA 86-5 Amendment Exhibit "B" Is recommended to city council for approval . PLANNING CONNISSION RESOLUTION NO. 1265 - PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission held on this Ist day of December, 1987, by the following vote, to wit: AYES: DOWNS, LAULOW, WHITLOCK, AND RICHARDS NOES: NONE ABSENT: ERWOOD ABSTAIN: NONE i R 'HARDS, Vice Chairman ATTEST:: RANON A. UTAZ, Sicreta�� /dig 2 PLANNING COMMISSION RESOLUTION 140. 1265 CONDITIONS OF APPROVAL CASE NO. PH 23058 1 . All conditions of approval for PP/CUP 86-22 shall apply to this approval . 2. Mutual access easements shall be recorded for each parcel . 3. the final map shall not be approved for recordation prior to the issuance of building permits for phase one of the project. 3 i PLANNING COMMISSION RESOLUTION 140. 1265 EXHIBIT "B" PALM DESERT VILLAS INC. AFFORDABLE SENIOR HOUSING DEVELOPMENT AGREEMENT This agreement, made as of this day of 1986, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Palm Desert Villas Inc. (hereinafter "DEVELOPER") provides: Recitals 1 . DEVELOPER is owner of certain real property located within the City OF Palm Desert, California, which property is described in Exhibit 1 , attached hereto and made a part hereof (hereinafter "PROPERTY") . DEVELOPER has applied for and been granted approval of a precise plan/conditional use permit 86-22 (hereinafter "PROJECT" ) to construct 113 senior housing units on the PROPERTY. 2. As a condition of said approval , CITY has required that a specified number of units associated with the project be set aside for very ' low, lower and moderate income occupants subject. to restrictions ner_essary to insure the continued occupancy of said units by very low, lower and moderate Income senior citizen households. 3. DEVELOPER and CITY desire to further memorialize and implement the 4 PLANNING COMMISSION RESOLIIrION N0. 1265 I conditions of said approval and do hereby agree to the following terms and conditions. 4. As used herein, the following terms shall be defined as: A. SENIOR CITIZEN HOUSEHOLD - Maximum two person household of which one member is 62 years of age or older. B. CONVENTIONAL SENIOR HOUSING - Rental or ownership units designed and restricted to healthy ambulatory senior citizens who remain capable of performing most activities associated with Independent daily life. Other than having smaller units and possessing design features and recreational amenities more compatible with a less active lifestyle conventional senior Housing resembles standard housing. C. VERY LOW INCOME SENIOR CITIZEN HOUSEHOLDS - Senior citizen households whose gross income does not exceed 50% of the median income for one and two person households for Riverside County based upon financial and demographic data received from the United States Department of Housing and Community Development (11LID) or Its successor agency. This Information is Included in Exhibit "2" and shall be up dated automatically as current data is obtainers from HUD. If in the future, more relevant data is made available specifically applicable to senior citizens by (HUD) or other officially recognized agencies, such data shall i become the basis of this agreement. 5 PLANNING COMMISSION RESOLUTION NO. 1265 D. LOWER INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen households whose gross income does not exceed 80% of the median income for one and two person households for Riverside County based upon financial and demographic data received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is included in Exhibit "2" and shall be up dated automatically as current data is obtained from HUD. If in the future, more relevant data Is made available specifically applicable to senior citizens by (HUD) or other officially recognized agencies, such data shall become the basis of this agreement. E. MODERATE INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen households whose income doe's not exceed 1007. of the median income. Agreement 1 . DEVELOPER has been conditionally granted permission by the CITY to construct III rental units for senior citizen households on the PROPERTY by Precise Plan/Conditional Use Permit 86-22, Planning Commission Resolution No. As a condition of sald approval DEVELOPER is required, and hereby agrees to reserve and make affordable 5% (5 units) of the project for VERY LOW INCOME SENIOR HOUSEHOLDS, 107 ( 12 units) for LOWER INCOME SENIOR HOUSEHOLDS and 101. 6 PLANNING COHIII55ION RESOLUTION NO. 1265 ( 11 units) for MODERATE INCOME SENIOR HOUSEHOLDS. Monthly rents for these AFFORDABLE UNITS shall not exceed 30% of the maximum gross monthly income as shown for the respective units in Exhibit "2". The unit mix, initial rent and maximum income levels for the AFFORDABLE UNITS shall be as follows: Unit Type of Units Max. Annual Income Monthly Rent Studio 450 sf 5 $10, 150 $252 1 bdrm 650 sf 12 $18,450 $460 2 Bedroom 11 $23,026 $575 The AFFORDABLE units shall be of a quality and design indistinguish- able from the market units, shall be evenly distributed throughout the project and shall be periodically rotated as vacancies permit. Occupancy for studio units shall be limited to one person households. The project may be divided Into two phases as delineated by PM 23058. Phase I will contain 70 units; Phase 2 - 43 units. The 70 units In phase I will include five very low income studios, seven one bedroom lower Income units and six two bedroom moderate income units. 2. All units in the PROJECT shall be offered as Conventional Senior Housing. The DEVELOPER may provide, at the tenants option, other services for an additional cost. 7 PLANNING COMMISSION RESOLUTION NO. 1265 3. The DEVELOPER or his assigned management agent shall be responsible for determining eligibility 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 senior households and audits (as is deemed necessary by the city at the DEVELOPERS expense) by the CITY or its assigned agent to determine compliance with all affordable housing. provisions of this agreement. 4. The DEVELOPER shall not discriminate on the basis or race, creed, sex or national origin. 5. The provisions of this agreement shall ru n 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. 6. This agreement shall be reviewed by the CITY planning commission every 6 months (or whenever substantial evidence exists to indicate a possible breach of the terms of the agreement) at which time the developer or his/Her successor shall be required to demonstrate good 8 I PLANNING CON11155ION RESOLIfrION NO. 1265 f 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 developer has not compiled In good faith with the terms or conditions of this agreement, then the commission shall declare the developer or his/her successor in default and shall so notify to him/her as to the specific nature of the default, and describe remedies required to achieve compliance. Any responsible or interested party associated with the project may correct the default . If after 30 days of the receipt of notification, the specified remedial actions have not occurred, the planning commission shall recommend to the city council that the agreement be modified or terminated. Proceeding before the city council shall be a noticed public hearing. If at the time of the hearings substantial improvements have not yet occurred on the site, termination of the AGREEMENT will also Involve revocation of all previous approvals and permits associated herewith. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated then enforcement of provisions of this agreement shall be pursued through legal action per No. 5 of this AGREEMENT. 7. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason 9 i PLANNING COMMISSION RESOLUTION 140. 1265 held to be unenforceable, such determination shall not affect the validity of the remaining portions. S. 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. 9 The terms of this agreement shall remain in force as long as the PROJECT remains in existence. IN WITNESS WHEREOF the parties have executed this AGREEMENT the year and date first above written. THE CITY OF PALM DESERT By By PALM DESERT VILLAS INC. By By (Notarized) ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California /dig 10 PLANNING COMMISSION RESOLUTION NO. 1265 I EXHIBIT "I" LEGAL DESCRIPTION The east 7 . 5 acres of the west l5 acres of the northeast quarter of the northwest quarter of Section 8, Township 5 south range 6 east, San Bernardino base and meridian. 11 PLANNING COMMISSION RESOLUTION NO. 1265 EXHIBIT "2" VERY LOW INCOME Household size - 1 $10, 150 LOWER INCOME Household size - 2 $ 18,450 MODERATE INCOME Household size - 2 $23,026 12 1 i PROOF OF PUr CATION 1 This space is for ;ountyClerk'sFiling Stamp (2015.s C.C.. .l �i.MVED '86 JUN 25 An 1113 6jTY t L','RK3 'vi F i 3 E STATE OF. CALIFORNIA, County of Riverside CITY OF PALM DESERT I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to Proof of Publication of or interested in the above entitled mallet. I CASE N0. PP/CUP 86e22 C/Z 86-3 am the principal clerk of the printer of the .............. tz•••••••;^ """""' & DA 86-5 .....DESERT•POST............................ ....... CITY OF .................................................... LEGAL NO DESERT NOTICE a newspaper of general circulation, printed CASE NO.PPICUP 0&22.C2 863h DA WE NODOE IS HEREBY GIVEN that a pudic hearing will be held before the Palm B i-week 1 y Desert Planning Commission to consider a request by PALM DESERT VILLAS,INC.. andpublished for approval of a negative declaration of environm umat Impact,a change of zone p """' """""' ""• from PR 5 to PA-5 Senior Housing Overlay and pieties plantcorditlonal use permit and development agreement to allow a 100 unit Senior citizen lousing development In the Clt Of P$.1.111•�696 L•C on 7 5 acres located on the south side of Country Club Drive 1600 feet east Ofy •• ••.••...•.••• Monterey Avenue.more Particularly described as: County of Riverside, and which news- APN622ax000x SAID public hearing will be held Tuesday.July 1,1M.at 7:00 P.m.In the Council paper has been adjudged a newspaper Chamber at the Palm Desert City Hall.73-510 Fred Waring Drive,Palm Desert, of general circulation by the Superior California,at which time and place all interested persona are invited to attend and be heard.If you challenge the proposed actions In court,you may be limited to rats. Court of the County of Riverside, State of ing only those issues you or someone else raised'at the pudic hearing described in this notice,or In written correspondence delivered to the city council(or planning commission)at,or prior to the Public hearing. California, under the date of 10/5 19 64 RAMDN AningC Secretary Palm Desert Planning CommWlan • (Pub D.P.Juno 20:1966) - - -- Case Number . 83658...............: that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not In any supplement thereof on the following dates, to-wit: 6/2 0.................................... all in the year 19.86.. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at.... .................. California.this..?Oth, dayof. June) 1986 ign ure fad taalaa of this blank farm may.M Ntufan lnmt CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 webl Second St.. Los Angeles,Calif. 90012 Telephone: 12131 625.2541 PIaaN @quSSf GENII'ban sufa A'this form.Publlaalfan, l J� 73.510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE(619)346-0611 April 7, 1988 Mr. Ron Guillory Palm Desert Villas P. O. Box 1942 Palm Desert, CA 92261 Dear Mr. Guillory: SUBJECT: DEVELOPMENT AGREEMENT 86-2 The Palm Desert City Council at its regular meeting of May 8 , 1986 , adopted Ordinance No. 463 approving a Development Agreement relating to lower income rental control for a 20 unit senior citizen apartment project located at the southwest corner of Catalina Way and San Carlos Avenue. A fully executed copy of this ordinance which has been recorded with the County of Riverside on March 31, 1988, No. 84023, is enclosed for your files. If you have any questions concerning this agreement, please contact Mr. Phillip Drell of the Planning Department. Sincerely, j -\ � 1 i SHEILA R. GILLIGAN CITY CLERK/PIO SRG/nb Enclosure so FOR THE BENEFIT OF THE CITY OF PALM DESERT 'y NO FEE (7 6103 OF THE GOVT.; CODE a N RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO a ,CITY CLERK � CITY OF PALM DESERT ~' 73-510 Fred Waring Drive Pa�i Desert, CA 92260 \� I ORDINANCE NO. 463 jA ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO LOWER INCOME RENTAL CONTROL FOR A 20 UNIT SENIOR CITIZEN APARTMENT PROJECT LOCATED AT THE SOUTHWEST CORNER OF CATALINA WAY AND SAN CARLOS AVENUE. CASE NO. DA 86-2 WHEREAS, the City Council of the City of Palm Desert. California, did on the 24th day of April , 1986, hold a duly noticed public hearing to consider the request of L 8 T DEVELOPMENT CO. for approval of a development agreement relating to the affordable housing requirements for a 20 unit conventional senior housing project on the southwest corner of Catalina Way and San Carlos Avenue. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts and reasons to exist to justify their actions: 1 . The proposed development agreement satisfies the intent and purpose of the Senior Housing Overlay and the General Plan Housing Element. 2. The development furthers the' general welfare by requiring the construction of needed senior housing affordable by low and moderate income senior citizen households. NOW. THEREFORE, BE IT ORDAINED by the City Council of the City of Palm. Desert, California, as follows: I . That the above recitations are true and correct and constitute the findings of the commission in this case; 2. That DA 86-2 Exhibit "A" is hereby approved. 3. The City Clerk of the City of Palm Desert. California, is hereby directed to publish this ordinance to the Palm Desert Post, a newspaper of general circulation, published and circulated In the City of Palm Desert. California. and shall . be in full force and effect thirty (30) days after its adoption. ORDINANCE NO. 463 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this 8th day of May, 1986, by the following vote, to wit: AYES: BENSON, SNYDER, WILSON & KELLY NOES: NONE ABSENT: JACKSON ABSTAIN: NONE C RICHA KELLY, qa 6r ATTEST: SHEILA R. GILL AN, City C1e6 City of Palm Desert, Cali nia /dlg 2 ORDINANCE NO. 463 j EXHIBIT "A" L a T DEVELOPMENT COMPANY AFFORDABLE SENIOR HOUSING DEVELOPMENT AGREEMENT This agreement, made as of this 25th day of March , 1988 between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and L a T Development Co. , (hereinafter "DEVELOPER") provides: Recitals I . DEVELOPER is owner of certain real property located within the City i of Palm Desert, California, which property is described in Exhibit I, attached hereto and made a part hereof (hereinafter "PROPERTY") . DEVELOPER has applied for and been granted approval of a precise plan/conditional use permit (PP/CUP 86- 12) to construct 20 conventional senior housing units on the PROPERTY. 2. As a condition of said approval , CITY and DEVELOPER have agreed that 20% of units associated with the project be set aside for lower Income occupants subject to restrictions necessary to insure the continued occupancy of said units by lower income senior citizen households. These units shall hereafter be referred to as "AFFORDABLE SENIOR UNITS. 3 ORDINANCE NO. 463 f9 P1 3. DEVELOPER and CITY desire to further memorialize and Implement the O •? conditions of said approval and do hereby agree to the following terms andoconditlons. 4. As used herein, ,the following terms shall be defined as: A. SENIOR CITIZEN HOUSEHOLD - Maximum two person household of which one member is 62 years of age or older. B. CONVENTIONAL SENIOR HOUSING - Rental or ownership units designed and restricted to healthy ambulatory senior citizens who remain capable of performing most activities associated with Independent daily life. Other than having smaller units and possessing design features and recreational amenities more compatible with a less active lifestyle conventional senior housing resembles standard housing. C. LOWER INCOME SENIOR CITIZEN HOUSEHOLD - Senior Citizen Households whose gross income does not exceed 80% of the median Income for a one person household for Riverside County based upon financial and demographic data received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is Included in Exhibit 112" and shall be up dated automatically as current data 4 ORDINANCE NO. 463 . 1 � is obtained from HUD. If in the future, more relevant data is made available specifically applicable to senior citizens by O (HUD) or other officially recognized agencies, such data shall become the basis of this agreement. Agreement 1. DEVELOPER has been conditionally granted permission by the CITY to construct 20 rental conventional senior housing units on the PROPERTY by Precise Plan/Conditional Use Permit 86-12 Planning Commission Resolution No.' 1132 As a condition of said approval DEVELOPER hereby agrees to reserve and make affordable four studio units for lower income senior citizen households. 2. ' Monthly rents for the AFFORDABLE SENIOR UNITS shall not exceed 30% of the ' maximum gross monthly income as shown for lower income households in Exhibit "2". 3. The DEVELOPER or his assigned management agent shall be responsible for ' determining eligibility 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 annual audit at the DEVELOPERS'S cost by the _ 5 ORDINANCE NO. 463 N O 00 CITY or 'its assigned agents determining compliance with all aspects of this agreement. 4. The DEVELOPER shall not discriminate on the basis of race, creed, sex or national origin. 5. 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. 6. 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 6 ORDINANCE NO. 463 l +' of the AGREEMENT will also involve revocation of all previous approvals ( and permits associated herewith. if substantial improvements are already N1 q in place and modifications acceptable to the CiTY cannot be negotiated er then enforcement of provisions of this agreement shall be pursued through legal action per No. 5 of this AGREEMENT. 7. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reasons held to . be unenforceable, such determination shall not affect the validity of the remaining portions. 8. 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. 9. The terms of this agreement shall remain in force as long as the PROJECT remains In existence. , 1 _ 7 ORDINANCE NO. 463 IN WITNESS WHEREOF the parties have executed this Agreement the year and M date first above written. i. N O THE CITY OF PALM DESERT BY v / Lr YtcLG By L & T DEVELOPMENT CO. (Notarized) By ti ATTEST: —Q&! Qeye ,✓ SHEILA R. GIULIGAN, C Clerk City of Palm Desert, tallfornia STATE OF CALIFORNIA - l - COII TY OF Iss. 0 1 before me,the undersigned,a Notary Public in and for said State,personally appeared personally known to me(or proved to me on the basis of sells.factory evidence)to be the person(s)whose name(s)is/are sut. ;.. ""`"' ..... scribed to the within instrument and acknowledged tome that 'r 1:,• , he/she/they executed the same. r n gun WITNESS my hand and official aea1. o C. . .fr I'. 1 ,.'ni!� ion Exc`rc3 J^_ly < 1:ro - (This area for official notarial seal) { ORDINANCE NO. 463 EXHIBIT •im n Legal Description s Q . Parcel I The east 1/2 of Lot 24 Palma Village Groves per map book 20 page 51 Riverside County. Parcel 2 & 3 The portion of Lot 24 of Palma Village Groves per map book 20 page 51 , Riverside County. 9 /;7�'o�� oq Pei 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA92260 TELEPHONE(619)346-0611 IIy� \VD 1 q ��Gb Vd March 10, 1988 WAR 1 11988 COMMUNI TY EV LOPPALMENT DEPARTMENT CITY OF ERT Mr. Ronald M. Guillory P. O. Sox 1942 Palm Desert, CA 92261 Dear Mr. Guillory: SUBJECT: DEVELOPMENT AGREEMENT DA 86-5 At its meeting of January 28, 1988, the Palm Desert City Council adopted Ordinance No . 528 approving an amendment to the Development Agreement for an 113 unit senior housing project on the south side of Country Club Drive, 1600 feet east of Monterey Avenue. Enclosed is a fully executed copy of the ordinance and the agreement. If you have any questions, please do not hesitate to contact me. Sincerely, _T Vv ,J SHEILA R. GILLIGAN CITY CLERK SRG/nb Enclosures (as noted) cc: Phi-l-Drell, Planning Department ORDINANCE NO. 528 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA. APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT FOR AN 113 UNIT SENIOR HOUSING PROJECT ON 7.2 ACRES LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE. 1600 FEET EAST OF MONTEREY AVENUE. CASE NO: DA 86-5 AMENDMENT WHEREAS. the City Council of the City of Palm Desert. California, did on the 14th day of January. 1988, hold a duly noticed public hearing to consider a development agreement amendment modifying the mix of affordable units for a 113 unit senior housing project on 7.2 acres located on the south side of Country Club Drive. 1600 feet east of Monterey Avenue. WHEREAS. at said public hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard said city council did find the following facts to exist to .justify their actions. 1 . The proposal inclusion of studio units with a 12% rent reduction In the affordable housing program is consistent with intent and purpose of the senior overlay ordinance. NOW. THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert. California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the council in this case. 2. That DA 86-5 Amendment Exhibit "A" is hereby approved. PASSED. APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council held on this 28 th day of January, 1988. by the following vote. to wit: AYES: CRITES, KELLY, SNYDER, WILSON. BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE i AN M. BENSON. Mayor ATTEST: SHEILA R. G LLIGAN. City C rk I City of Palm Desert. California a ORDINANCE NO. 528 EXHIBIT "A" PALM DESERT VILLAS INC. AFFORDABLE SENIOR HOUSING DEVELOPMENT AGREEMENT This agreement, made as of this 28th day of January, 1988 between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Palm Desert Villas Inc. (hereinafter "DEVELOPER") provides: Recitals 1 . DEVELOPER is owner' of certain real property located within the City of Palm Desert, California. which property is described in Exhibit 1, attached hereto and made a part hereof (hereinafter "PROPERTY") . DEVELOPER has applied for and been granted approval of a precise plan/conditional use permit 86-22 (hereinafter "PROJECT") to construct 113 senior housing units on the PROPERTY. 2. As a condition of said approval , CiTY has required that a specified number of units associated with the project be set aside for very low, lower and moderate income occupants subject to restrictions necessary to insure the continued occupancy of said units by very low, lower and moderate income senior citizen households. ORDINANCE NO. 528 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. 4. As used herein, the following terms shall be defined as: A. SENIOR CITIZEN HOUSEHOLD - Maximum two person household of which one member Is 62 years of age or older. B. CONVENTIONAL SENIOR HOUSING - Rental or ownership units designed and restricted to healthy ambulatory senior citizens who remain capable of performing most activities associated with independent daily life. Other than having smaller units and possessing design features and recreational amenities more compatible with a less active lifestyle conventional senior housing resembles standard housing. C. VERY LOW INCOME SENIOR CITIZEN HOUSEHOLDS - Senior citizen households whose gross income does not exceed 50% of the median intone for one and two person households for Riverside County based upon financial and demographic data received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is included in Exhibit "2" and shall be up dated automatically as current data Is obtained from HUD. If in the future, more relevant data is made available specifically applicable to senior citizens by (HUD) or other officially recognized agencies, such data shall become the basis of this agreement. r_ ORDINANCE NO. 528 D. LOWER INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen households whose gross income does not exceed BOX of the median Income for one and two person households for Riverside County based upon financial and demographic data received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is Included in Exhibit "2" and shall be up dated automatically as current data Is obtained from HUD. If in the future, more relevant data is made available specifically applicable to senior citizens by (HUD) or other officially recognized agencies, such data shall become the basis of this agreement. E. MODERATE INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen households whose income does not exceed 100% of the median income. Agreement 1 . DEVELOPER has been conditionally granted permission by the CITY to construct III rental units for senior citizen households on the PROPERTY by Precise Plan/Conditional Use Permit 86-22. Planning Commission Resolution No. As a condition of said approval DEVELOPER is required, and hereby agrees to reserve and make affordable 5% (5 units) of the protect for VERY LOW INCOME SENIOR HOUSEHOLDS, 10% ( 12 units) for LOWER INCOME SENIOR HOUSEHOLDS and 10% ( 11 units) for MODERATE INCOME SENIOR HOUSEHOLDS. Monthly rents for s ORDIMANCE NO. 528 these AFFORDABLE UNITS shall not exceed 30% of the maximum gross monthly Income as shown for the respective units in Exhibit "2". The unit mix, initial rent and maximum income levels for the AFFORDABLE UNITS shall be as follows: Unit Type # of Units Max. Annual Income Monthly Rent Studio 450 sf 5 $10, 150 $252 1 bdrm 650 sf 12 $18,450 $460 2 Bedroom 11 $23,026 $575 The AFFORDABLE units shall be of a quality and design indistinguish- able from the market units. shall be evenly distributed throughout the project and shall be periodically rotated as vacancies permit. The project may be divided into two phases as delineated by PM 23058. Phase 1 will contain 70 units; Phase 2 - 43 units. The 70 units in phase 1 wi l l include five very low income studios. seven one bedroom lower income units and s i x two bedroom moderate Income units. 2. All units in the PROJECT shall be offered as Conventional Senior Housing. The DEVELOPER may provide, at the tenants option, other services for an additional cost. 3. The DEVELOPER or his assigned management agent shall be responsible for determining eligibility 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 ORDINANCE NO. 528 eligibility requirements . This plan shall include annual qualification by all eligible senior households and audits (as is deemed necessary by the city at the DEVELOPERS expense) by the CITY or its assigned agent to determine compliance with all affordable housing provisions of this agreement. 4. The DEVELOPER shall not discriminate on the basis or race, creed, sex or national origin. 5. 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. 6. This agreement shall be reviewed by the CITY planning commission every 6 months (or whenever substantial evidence exists to indicate a possible breach of the terms of the agreement) at which time the developer or his/her 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 developer has not compiled in good faith with the terms or conditions of this agreement, then the commission shall declare the developer or his/her successor in ORDINANCE NO. 528 default and shall so notify to him/her as to the specific nature of the default. and describe remedies required to achieve compliance. Any responsible or interested party associated with the project may correct the default . If after 30 days of the receipt of notification, the specified remedial actions have not occurred, the planning commission shall recommend to the city council that the agreement be modified or terminated. Proceeding before the city council shall be a noticed public hearing. If at the time of the hearings substantial improvements have not yet occurred on the site. termination of the AGREEMENT will also Involve revocation of all previous approvals and permits associated herewith. If substantial Improvements are already in place and modifications acceptable to the CITY cannot be negotiated then enforcement of provisions of this agreement shall be pursued through legal action per No. 5 of this AGREEMENT. 7. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is forany reason held to be unenforceable. such determination shall not affect the validity of the remaining portions. 8. 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 L ORDINANCE NO. 528 executed by a duly authorized official acting in his official capacity. 9, The terms of this agreement shall remain in force as long as the PROJECT remains in existence. IN WITNESS WHEREOF the parties have executed this AGREEMENT the Year and date first above written. THE I Ty OF PALM DESJE"�P/Y�'�'~' BY By� PALM ERT VILLAS INC. c B BY (Notarized) -ATTEST: City SHEILA R. GILLI AN. City CI City of Palm Desert. Cali nia A ORDINANCE NO. 528 EXHIBIT w lw LEGAL DESCRIPTION The east 7.5 acres of the west 15 acres of the northeast quarter of the northwest quarter of Section 8, Township 5 south range 6 east, San Bernardino base and meridian. 1 � j ORDINANCE NO. 528 EXHIBIT "2" VERY LOW INCOME Household size - 1 $10. 150 LOWER INCOME Household size 2 $18.450 MODERATE INCOME Household size - 2 $23,026 i }T/ 1 i CITY OF PALM DESERT DEPARTMENT OF OCM4JNITY DEVEf OPMINP STAFF REPCRT 110: Planning O=nission DATE: July 5, 1988 CASE NO: PP/CUP 86-22, DA 86-5 (AMENMIENTS) RD¢IEST: Approval of a Negative Declaration of Environmental Impact and Amendments to a precise plan and development agreement modifying the site plan, elevations and increasing the unit total from 113 to 150' for a senior citizen apartment project on 7.5 acres located on the south side of Country Club Drive, 1600 feet east of Monterey Avenue. APPLICANT: USA/FAIRFIELD REALTY FUND, LTD. 3179 Temple Ave., Suite 170 Pomona, CA 91768 I. BACKTOL ID: The senior apartment project was originally approved by the city council on August 14, 1986. It included 85 two-bedroom units and 28 one-bedroom units. The site plan included 70 units within a two-story building and 43 one-story attached bungalows. On January 14, 1988, an amendment was approved substituting 14 studio units for 14 too-bedroom units. The density of the original approval was 16 units per acre. The adjacent San Tropez Villas is 22 units per acre. According to the original applicant, the current plan has proved to be economically infeasible and he has been unable to obtain financing or joint venture partners to proceed. The project is now being purchased by USA/Fairfield who has requ6sted an increase of 37 units to 150 or 21 units per acre including 100 studios and 50 one-bedrooms. As a result of the smaller units, the entire project will be one-story. The circulation system will be one serpentine roadway with a 90 foot diameter turnaround at the end. There will be an emergency access to the Foundation for the Retarded parking area. The original plan had a triple loop system, which devoted approximately twice the area for asphalt. The reduction in paved area has combined with the smaller units to allow the additional 37 units all at one-story while maintaining the 43 percent landscaped open area. PC STAFF REPORT CASE NO. PP/CUP 86-22, DA 86-5 JULY 5, 1988 The affordable requirements of the senior overlay would result in 38 controlled units at the following mix and rents: Income mix No. Units Rent 5% very low $10,800 8 Studio $270 10% lower $17,280 16 Studio $432 10% moderate $21,600 16 1 bdrm $540 Projected market rents will be $475 for studios to $550 for one-bedrooms. II. DENSITY/INTENSITY CALCULATIMS: Density within the senior overlay is determined by number of units, unit size and projected population of the project. Larger units with more bedrooms will generate a greater number of residents, more cars, more vehicular trips and therefore a greater overall impact. In the original approval the 113 one and two-bedroom units yielded 198 bedrooms and a projected 215 residents for a 29.9 residents per acre. The proposed 150 studios and one-bedroom units yield only 150 bedrooms and 212 residents for 29.5 density residents per acre. Therefore, under the intensity requirements of the ordinance, the amendment is generally equivalent to the original. The number of affordable units has increased from 28 to 38. PROJECT DATA PROJECT ORDINANCE Site Area 7.2 ac. Project Pop. 212 288 max. Intensity 29.5 40 max. No. of Units 150 Density-Units Per Acre 20.8 Unit Mix 100 studio 460 sq. ft. 450 sq. ft. min. 50 1 bdrm. 650 sq. ft. 600 sq. ft. min. Building Height 18 ft. 24 ft. Building Coverage 25% 50% max. Setbacks Front 40' 32' Setbacks Sides 20' 20' Setbacks Rear 65' 20' Distance Between Bldg. 20' 20' Landscaped Open Sp. 43.5% 2 PC STAFF REPORT CASE NO. PP/CUP 86-22, DA 86-5 JULY 5, 1988 Parking 154 150 76 carport 75 covered 78 open 75 open Recreational Amenities *1 pool 3 spas 1 community bldg. 1 putting green * The architectural ccmuissicn has recarnnended that the applicant consider an additional pool. III. ANALYSIS: The amended proposal continues to conform to the requirements of the senior overlay and the planned residential zone. Although the number of units has been increased, the new unit mix results in a project of comparable overall intensity. The visual impact of the amendment will be less than the original due to the elimination of the large two-story complex. The new site plan represents a more efficient use of what is otherwise a large narrow difficult site. Rents throughout the project would appear to be moderate and the controlled units will be substantially below market rates. IV. RE U44E MTION: Approve findings and adopt Planning Commission Resolution No. recamiending approval to city council of amendments to PP/CUP 86-22 and DA 86-5 subject to attached conditions. Prepared ticx� Reviewed andApproved by /fr Attachments: 1. Draft Resolution 2. Development Agreement 3. Negative Declaration 4. Plans 5. Legal Notice 3 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RE DIfGG TO CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, AMENDMENTS TO, PRECISE PLAN/CONDITIONAL USE PERMIT, AND DEVELOPMENT AGREEMENT FOR A 150 UNIT SENIOR HOUSING PROJECT ON 7.2 ACRES LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE, 1600 FEET EAST OF MONTEREY AVENUE. CASE NO: PP/CUP 86-22 & DA 86-5 (AMENMENTS) WHEREAS, the Planning Commission of the City of Palm Desert, California did on the 5th day of July 1988 hold a duly noticed public hearing to consider a request by USA/FAIRFIELD for approval of a Negative Declaration of Environmental Impact, precise plan/conditional use permit and development agreement for a 150 unit senior housing project located on the south side of Country Club Drive, 1600 feet east of Monterey Avenue. 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 commuiity develop- ment has determined that the project will not have a significant impact on the environment and a negative declaration has been prepared. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard said planning commission did find the following facts to exist to justify their actions. PRECISE PLAN: 1. The precise plan complies with the goals, objectives and specific standards of the senior overlay zone and the Housing Element of the Palm Desert General Plan. 2. The proposed land use intensity, site plan and architecture are compatible with adjacent uses. 3. The project will not depreciate values, restrict the lawful use of adjacent properties, nor will it threaten public health, safety or general welfare. 4. The project will greatly expand housing opportunities for low and moderate income senior citizen households. PLANNING OCK4ISSION RFSOLVPICN NO. DEVELOPMENT AGREEMENT: 1. The development agreement is consistent with and implements goals and requirements of the Palm Desert General Plan Housing Element and Zoning Ordinance Senior Overlay concerning housing for very low/lower and moderate income senior citizen household. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That Case No's PP/CUP 86-22, as amended, DA 86-5 Exhibit "A" and associated negative declaration of environmental impact Exhibit "B" are recommended for approval to city council subject to attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission held on this day of 1988 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICHARD ER WOOD, C1lairman ATTEST: RAMON A. DIAZ, Secretary /fr 2 i PLAtZUM COMMISSION RESOLUTION NO. 00NIDITIONS OF APPROVAL CASE NO. PP/aip 86-22 Department of Commmity Development: 1. This approval shall be contingent upon approval and execution of DA 86-5 as amended. 2. The development of the property shall conform substantially with exhibits on file with the department of ccmTu-ity development, as modified by the following conditions. 3. Construction of a portion of said project shall corumence 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 contem- plated 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 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. Trash provisions shall be approved by applicable trash company and city prior to issuance of building permit. 7. The minimum mi im age for project occupants shall be 62. 8. Applicant shall pay $600/acre Fringe-toed lizard mitigation fee. 9. Project shall pay school impact fees as determined by the Desert Sands Unified School District. 3 PLANNIM 00M IISSION RFSOLUrION NO. 10. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. , It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 507, shall be paid prior to issuance of grading permit. 2. Drainage facilities, as designated within the Northside Area Drainage Master Plan shall be provided to the specifications of the Director of Public Works. 3. Storm Drain construction shall be contingent upon a drainage study prepared by a civil engineer that is reviewed and approved by the Department of Public Works. 4. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of grading permit. 5. Full public tents, as required by Section 26.44 and 26.40 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. 6. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be approved by Public Works Departrnent and a surety posted to guarantee the installation of required offsite improvements prior to issuance of grading permit. Such offsite improvements shall include, but not limited to, curb and gutter, asphalt paving and concrete sidewalk in an appropriate size and configuration. "As-built" plans shall be submitted to, and approved by, the Director of Public Works prior to the acceptance of the improvements by the City. 7. All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee shall be paid prior to grading permit issuance. 8. Landscaping maintenance on Country Club Drive shall be provided by the property owners. 4 PLAMING O"USSICN RESDI niaN ND. 9. As required under Section 12.16 and 26.44 of the Palm Desert Municipal Code, all existing utilities shall be undergrounded per each respective utility district's recommendation. If determined to be unfeasible, applicant shall agree to participate in any future utility undergrounding district. 10. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 11. As required by Sections 26.32 and 26.40 of the Palm Desert Municipal Code, and in accordance with the Circulation Network of the City's General Plan, dedication of half-street right-of-way at 55 feet on Country Club Drive. 12. In accordance with the Circulation Network of the City of Palm Desert's General Plan, installation of one-half landscaped median island in Country Club Drive shall be provided. A cash payment in lieu of actual installation may be submitted at the option of the Director of Public Works. 13. Traffic safety striping on Country Club Drive shall be provided to the specifications of the Director of Public Works. A traffic control plan must be submitted to and approved by the Director of Public Works before placing pavement markings. 14. Size, number and location of driveways to Public Works specifications with only one driveway approach to be allowed to serve this property. 15. Any and all off-site improvements shall be preceded by the approval of plans and the issuance of valid encroachment permit(s) by the Department of Public Worts. 16. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to issuance of the grading permit. City Fire Marshal • . 1. Install a water system capable of delivering 4000 GPM fire flow from any fire hydrant for a 3 hour duration in addition to domestic supply. The computation shall be based upon a minimum mi vm of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. 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. 5 PLANNI G Ca4jassION RESOLUTION NO. a. exterior sur£ace . of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. b. curbs shall be painted red 15 feet in either direction frrm each hydrant. C. 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 canpany with the following certification: "I certify that the design of the water system in PP 86-22 is in accordance with the requirements prescribed by the fire marshal". 5. Prior to delivery of ocmbustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 6. All buildings over 5000 square feet require an approved fire sprinkler system. 7. A secondary emergency vehicle access is required. 8. A state fire marshal approved fire alarm system will be required in all buildings containing 15 or more apartments. 9. All building areas beyond 1501 of vehicular access will require a fire department standpipe system. 10. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 6 PLANNIM CU4IISSICN RESOLUTION NO. �IT "A" USA/FAIRFMD AFFORDABLE SENIOR MUSING DEVELOPMENP AGREEMENT This agreement, made as of this day of 1986, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and USA/FAIRFIELD REALTY FUND LTD. (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 approval of a precise plan/conditional use permit 86-22 as amended (hereinafter "PROJECT") to construct 150 senior housing units on the PROPERTY. 2. As a condition of said approval, CITY has required that a specified number of units associated with the project be set aside for very low, lower and moderate income occupants subject to restrictions necessary to insure the continued occupancy of said units by very low, lower and moderate income senior citizen households. 7 PLANNING CCK41SSION RESOLUTION NO. 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. 4. As used herein, the following terms shall be defined as: A. SENIOR CITIZEN HOUSEHOLD - Maximum two person household of which both members are 62 years of age or older. B. CONVENTIONAL SENIOR HOUSING - Rental or ownership units designed and restricted to healthy ambulatory senior citizens who remain capable of performing most activities associated with independent daily life. Other than having smaller units and possessing design features and recreational amenities more compatible with a less active lifestyle conventional senior housing resembles standard housing. C. VERY LOW INCOME SENIOR CITIZEN HOUSEHOLDS - Senior citizen households whose gross income does not exceed 50% of the median income for one person households for Riverside County based upon financial and demographic data received from the United States Department of Housing and Cc minity Development (HUD) or its successor agency. This information is included in Exhibit "2" and shall be up dated automatically as current data is obtained from HUD. If in .the future, more relevant data is made available specifically applicable to senior citizens by (HUD) or 8 PLANN11C 0CMAIISSICN RESOLUTION NO. other officially recognized agencies, such data shall become the basis of this agreement. D. LOWER INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen households whose gross income does not exceed 80$ of the median income for one person households for Riverside County based upon financial and demographic data received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is included in Exhibit "2" and shall be up dated automatically as current data is obtained from HUD. If in the future, more relevant data is made available specifically applicable to senior citizens by (HUD) or other officially recognized agencies, such data shall become the basis of this agreement. E. MODERATE INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen households whose income does not exceed 100% of the median income. t 1. DEVELOPER has been conditionally granted permission by the CITY to construct 150 rental units for senior citizen households on the PROPERTY by Precise Plan/Conditional Use Permit 86-22, Resolution No. As a condition of said approval DEVELOPER is required, and hereby agrees to reserve and make affordable 5% (8 units) of the 9 PLANNIW3 0CMMISSION RESOLUTION NO. Project for VERY LOW IN00ME SENIOR HOUSEHOLDS, 10$ (16 units) for LOWER INCCI"E SENIOR HOUSEHOLDS and 10% (16 units) for MODERATE INCOME SENIOR HOUSEHOLDS. Monthly rents for these AFFORDABLE UNITS shall not exceed 30% of the maximum gross monthly income as shown for the respective units in Exhibit "2". The unit mix, initial rent and maximum income levels for the AFFORDABLE UNITS shall be as follows: Unit Type # of Units Max. Annual Income Monthly Rent Studio 8 $10,800 $270 Studio 16 $17,280 $432 1 Bedroomm 16 $21,600 $540 The AFFORDABLE units shall be of a quality and design indistinguish- able from the market units, shall be evenly distributed throughout the project and shall be periodically rotated as vacancies permit. 2. All units in the PROJECT shall be offered as Conventional Senior Housing. The DEVELOPER may provide, at the tenants option, other services for an additional cost. This agreement in no way restricts or limits optional care services or charges. 3. The DEVELOPER or his assigned management agent shall be responsible for determining eligibility of prospective tenants. Prior to opening the project the DEVELOPER shall submit for approval a plan to the CITY describing the procedure for determining g and enforcing eligibility requirements. This plan shall include annual qualification by all eligible senior households and audits (as is 10 PLANNB4G OCMESSION RESOUNION NO. deemed necessary by the city at the DEVELOPERS expense) by the CITY or its assigned agent to determine compliance with all affordable housing provisions of this agreement. 4. The DEVELOPER shall not discriminate on the basis or race, creed, sex or national origin. 5. 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. 6. This agreement shall be reviewed by the CITY planning com fission every 12 months (or whenever substantial evidence exists to indicate a possible breach of the terms of the agreement) at which time the developer or his/her 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 developer has not complied in good faith with the terms or conditions of this agreement, then the commission shall declare the developer or his/her successor in default and shall so notify to him/her as to the specific nature of 11 PLANNING OON-IISSION RESOLUTION NO. the default, and describe remedies required to achieve compliance. Any responsible or interested party associated with the project may correct the default. If after 30 days of the receipt of notification, the specified remedial actions have not occurred, the planning comaission shall recommend to the city council that the agreement be modified or terminated. Proceeding before the city council shall be a noticed public hearing. If at the time of the hearings substantial improvements have not yet occurred on the site, termination of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated then enforcement of provisions of this agreement shall be pursued through legal action per No. 5 of this AGREEMENT. 7. 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. 8. 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 12 PLANNING 0CMUSSION RESSOWPION NO. executed by a duly authorized official acting in his official capacity. 9. The terms of this agreement shall remain in force as long as the PROJECT remains in existence. IN WITNESS WHEREOF the parties have executed this AGREE= the year and date first above written. THE CITY OF PALM DESERT By B USA/FAIRFIELD REALTY FUND LTD. (Notarized) ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California /fr 13 PLA UM (XMMIISSIM RESOLUPION ND. E91MIT "1" LEGAL DESCRU)T'ICN The east 7.2 acres of the west 15 acres of the northeast quarter of the northwest quarter of Section 8, Township 5 south range 6 east, San Bernardino base and meridian. 14 PLANNIM O,MyIISSION RESOLLTPION NO. E MIT "2" VERY LOW INOCME Household size - 1 $10,800 LOWER INOOME Household size - 1 $17,280 NMERATE INCO E Household size - 1 $21,600 15 d PLANNING OCK-USSION RESOLiTPION NO. 003BIT "B" NEGATIVE DECLARATION Pursuant to Title 14, Division 6, Article 7, Section 15083 of the California Administrative Code. CODE NO: PP/CUP 86-22 & DA 86-5 (A1VE1IDAE1TS) APPLICANT/PRXTBCP SPONSOR: PECLq= DESCRIPPION/LOCATION: One hundred and fifty (150) unit senior citizen housing development on 7.2 acres located on the south side of Country Club Drive 1600 feet west of Monterey Avenue. The Director of the Department of Carnmulity Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the initial study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. RAMON A. DIAZ, ASSISTANT CITY DATE: MANAGER/DIRECTOR OF Ca4 UNITY DEVELOPMENT RAD/fr 16 N� CASE n. LI VIRCN?IMTTAL SERVICES DEPT. INITIAL STUDY ENVIRO1MM-1TAL EVALUATIOIT 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 ? — -- — c. Change in topography or ground surface relief features? d. The destruction , covering , or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils , either on or off the site? — 2. Air. Will the proposal result in: a . Air emissions or deterioration of ambient air quality? _ — b. The creation of objectionable odors? c. Alteration of air movement , moisture , or temperature , or any change in climate, either locally or regionally? _. Zr Yes Maybe No 3. Water. Will the proposal result in: a._. Changes . in currents , 'or the course or 1 direction of water• movements? b. Changes in-abscrptlbn rates , drainage Patterns, or the rate and- amoilnt of surface water runoff? c. Alterations to the course or flow of flood waters? d. Alteration of -the direction or rate of / flow of ground waters? e. Change in the quantity of ground waters , either through direct additions or with- J 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 ( in cluding 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? 5. Animal 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. Oeterioration to existiry ,,,ildlife habit2t ? - . 3. Yes M�be Pla - 6. Natural Resources. Will the proposal result in: a. Increase in .•.the rate of use of any natural resources? b. Depletion of any non-renewable natural resource? 7. EnergY, -- —/ Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Demand upon existing sources of energy, or re- quire the .development of new sources of energy? 8. Risk of Upset. . Does the —' ✓ proposal involve a risk Of— f e plosion or the release of, hazardous substances (including, but not limited to , pesticides ,' oil , chemicals , or radiation) in the event of an accident or upset conditions? . 9. E,onom�ss Will the proposal result in: a. A change in the value of property and improvements endangered by flooding? b• A change in the value of property and r/ improwerients exposed to geologic hazards beyond accepted community risk standards ? 10. Noise. Will the proposal increase existing ✓ noise levels to the point at which accepted Community noise and vibration levels are exceeded? ii . Land 'use. Will .the proposal result in the a tT eration of the present developed or planned. land use of an area? 12. Open Space. Will the proposal decrease in the :amountofdesignatedtopen space? 13 ' Poou_ l�n Will the proposal result in: a . Alteration or the location, distribution , density, or growth rate of the human Population of the Citv? b. Change in the population distribution by age , income , religion, racial , or ethnic 1 group , Occupational class , household type? 4. Yes Maybe No 14. Emolo ent. Will the proposal result in additiona nesv 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/Circulati result on. Will the proposal / V tn: a. Generation of additional vehicular movement? b. Effects on existing parking facilities , or demand for new parking? c. Impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Increase in traffic hazards to motor vehicles , bicyclists , or pedestrians? _ — 17 . Public Services . Will the proposal have an effect upon , or resu t in a need for, new or altered governmental services in any of the following 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? � I Yes Maybe No 18. Public Fiscal Balance. Will the proposal result in a net change in government fiscal flow (revenues less operating expenditures and annualized capital expenditures)? 19. Utilities . Will the proposal result in a ✓need for new systems , or alterations to the following utilities : a. Power or natural gas? ~ b. Communications system? C. Water? _ f d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal ? 20. Human n Huth 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 V care provided? 21 . Social Se r�ices. Will the proposal result in an increased demand for provision of general social services? 22. Aesthetics . Will the proposal result in: ✓ a . Obstruction of any scenic vista or view open to the public? b. The creation of an aesthetically offensive site open to public view? c. Lessening of the overall neighborhood (or area ) attractiveness , pleasantness, and uniqueness? 2.3. Licht and Glare. Will the proposal produce new ight or g (�are? 24 . Archeological/Historical of a Significant. Will the resu t in an a teration proposal archeological or historical site, structure ,object, or building? i 6. Yes Maybe No 25. Mandatory Findings of Sign M canm 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. �✓ l i i 73-510 FRED WARING DRIVE,PALM DESERT,CALIFOPINIA 92260 TELEPHONE (619) 346-0611 - June 16, 1988 _ CITY OF PALM DESERT LEGAL NOTICE - CASE NOS. PP 86-22, DA 86-5 AMENDMENTS NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by USA FAIRFIELD REALTY FUND LTD. for approval of a Negative Declaration of Environmental Impact and amendments to a precise plan and development agreement modifying the site plan, elevations and Increasing the unit total from 113 to 150 for a senior citizen apartment project on 7.5 acres located on the south side of Country Club Drive, 1600 feet east of Monterey Avenue. APN 622-020-OOZ DRIVE VN: R 7 8 P.C.—(2) 9v. vey u4 raec $17E- ' J P P.R.— 2 �d. R-2 00(8 W Q } P.R. w LU HOVLEY Z � 0 ® " P.R.— SAID public hearing will be held on Tuesday, July 5, 1988, 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. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ, Secretary June 24, 1988 Palm Desert Planning Commission 9 Z � CITY OF PALM DESERT TRANSMITTAL LETTER 1. TO: Honorable Mayor and City Council 11. REQUEST: Approval of an amendment to an approved development aareement and endorsement of application for low income hOU5inq tax credits. 111 . APPLICANT: PALM DESERT Box 1942 VILLASCITY COUNCIL ACTION: P.O. B Ron GI Tory APPRO'.'ED DENIED Palm Desert, CA 92R2 F IVED _ OTHER M. F:,:.avG D TIL: l V1 . CASE NO: DA 86-5 - - F V. DATE: January 14, 1988 P.i_,:;EN� ABSTAIN. V1. CONTENTS: VERIFIED B �u � --- — A. Staff recommendation Original on File t,=iCh City Cletk`t C: B. Discussion C. Draft Ordinance No. 528 D. Planning Commission minutes involving Case No. DA 86-5. E. Planning Commission Resolution No. 1156 F. Planninq_ Commission Staff Report dated December 1 . 1987. G. Related maps and/or exhibits ------------------------------------------------------------------------------ A. STAFF RECOMMENDATION: 1 . Waive further readinq and pass DA 86-5 Amendment Ordinance No. 528 to second reading. 2. By minute motion, endorse an application by Palm Desert Vi I las for State Federal Low Income Housing Tax Credits and direct staff to prepare a letter of support to accompany said application. B. DISCUSSION: In August of 1986 the city council approved PP/CUP 86-22 and DA 86-5 for a 113 unit- conventional senior housinq proiect on 7.2 acres located on the south side of Country Club Drive between San Tropez Villas and the Foundation for the Retarded. In August of 1987 a one year extension was granted. DA 86-5 TRANSMITTAL LETTER The current development agreement calls for 2.5% affordable units according to the following updated schedule: # of Units Max. Annual Income Monthly Rent One bedroom 600 sq. ft. 5 $I1 ,600 $286 One bedroom 650 sq. ft. 12 $18.450 $460 Two bedroom 848-1000 sq. ft. 11 $23,026 $575 The applicant 1s proposing to change the project unit mix to include 14 studios. Five of these studios would be substituted for the five smaller one bedroom units to meet the 5% very low income requirement of the senior ordinance. This results in a $34/month rent reduction from $286 to $252. Palm Desert Villas is also applying for State and Federal low income housing tax credits for the 70 units of phase 1 . If approved by the State Reviewing Committee, the 5% very low income credit required by our development agreement would be increased to 20%. In addition, gross maximum rents would include utilities. For phase 1 , 14 very low Income units would be required with gross rents between $252 - $286 per month. Attached is a detailed description of the tax credit program. Prepared by J Reviewed and Approved by PD/dlg 2 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. PM 23058 1 . All conditions of approval for PP/CUP 86-22 shall apply to this approval . 2. Mutual access easements shall be recorded for each parcel . 3. The final map shall not be approved for recordation prior to the issuance of building permits for phase one of the project. 3 BANNING COMMISSION RESOLUTI ON NO. EXHIBIT •B" PALM DESERT VILLAS INC. AFFORDABLE SENIOR HOUSING DEVELOPMENT AGREEMENT This agreement, made as of this day of 1986, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Palm Desert Villas Inc. (hereinafter "DEVELOPER") provides: Recitals 1 . DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1 , attached hereto and made a part hereof (hereinafter "PROPERTY") . DEVELOPER has applied for and been granted approval of a precise plan/conditional use permit 86-22 (hereinafter "PROJECT" ) to construct 113 senior housing units on the PROPERTY.. 2. As a condition of said approval . CITY has required that; a specified number of units associated with the project be set aside for very low, lower and moderate income occupants subject to restrictions necessary to insure the continued occupancv of said units by very low, lower and moderate income senior citizen households. 3. DEVELOPER and CITv desire to further memorialize and implement the 4 PLANNING W MISSION RESOLUTION NO. conditions of said approval and do hereby agree to the following terms and conditions. 4. As used herein, the following terms shall be defined as: A. SENIOR CITIZEN HOUSEHOLD - Maximum two person household of which one member is 62 years of age or older. B. CONVENTIONAL SENIOR HOUSING - Rental or ownership units designed and restricted to healthy ambulatory senior citizens who remain capable of performing most activities associated with Independent daily life. Other than having smaller units and possessing design features and recreational amenities more compatible with a less active lifestyle conventional senior housing resembles standard housing. C. VERY LOW INCOME SENIOR CITIZEN HOUSEHOLDS - Senior citizen households whose gross income does not exceed 50% of the median income for one and two person households for Riverside County based upon financial and demographic data received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is included in Exhibit "2" and shall be up dated automatically as current data Is obtained from HUD. If in the future, more relevant data is made available specifically applicable to senior citizens by (HUD) or other officially recognized agencies, such data shall become the basis of.thie agreement. 5 PLANNING COMIISSION RESOLUTION ND. _ D. LOWER INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen households whose gross income does not exceed 80% of the median income for one and two person households for Riverside County based upon financial and demographic data received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is included in Exhibit "2" and shall be up dated automatically as current data Is obtained from HUD. If in the future, more relevant data Is made available specifically applicable to senior citizens by (HUD) or other officially recognized agencies, such data shall become the basis of this agreement. E. MODERATE INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen households whose income does not exceed 100% of the median income. Agreement I 1 . DEVELOPER has been conditionally granted permission by the CITY to construct ill rental units for senior citizen households on the PROPERTY by Precise Plan/Conditional Use Permit 86-22, Plannina Commission Resolut or, _ As a condition of said approval DEVELOPER is reou i rwJ . anO hereby agrees to reserve and make affordable 5% (5 units; -jr the project for VERY LOW INCOME SENIOR HOUSEHOLDS. 10% ( 12 unit; ) for LOWER INCOME SENIOR HOUSEHOLDS and IOZ 6 R-MMING COMMISSION RESOLUTION NO. ( 11 units) for MODERATE INCOME SENIOR HOUSEHOLDS. Monthly rents for these AFFORDABLE UNITS shall not - exceed 30% of the maximum gross monthly income as shown for the respective units in Exhibit "2". The unit mix, initial rent and maximum income levels for the AFFORDABLE UNITS shall be as follows: Unit Type k of Units Max. Annual Income Monthly Rent I bdrm 450 sf 5 $10, 150 $252 1 bdrm 650 ,5f 12 $18,450 $460 2 Bedroom 11 $23,026 $575 The AFFORDABLE units shall be of a quality and design indistinguish- able from the market units, shall be evenly distributed throughout the project and shall be periodically rotated as vacancies permit. The project may be divided into two phases as delineated by PM 23058. Phase I will contain 70 units: Phase 2 - 43 units. The 70 units in phase I will include five very low income studios, seven one bedroom lower income units and ,i x two bedroom moderate income units. 2. All units in the PROJECT shall be offered as Conventional Senior Housing. The DEVED]PER may provide. at the tenants option, other, services for an additional cost . 3. The DEVELOPER or his assvaned management agent shall be responsible for determining eligibility of prospective tenants. . Prior hD 7 PLANNING COMMISSION RESOLUTION NO. opening the protect 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 senior households and audits (as is deemed necessary by the city at the DEVELOPERS expense) by the CITY or its assigned agent to determine compliance with all affordable housing provisions of this agreement. 4. The DEVELOPER shall not discriminate on the basis or race, creed, sex or national origin. 5. 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 legdlly allowable costs . 6. This agreement shall be reviewed by the C17Y Planning commission every 6 months for wh-ri?vr_r- substantla ; evidence exists to indicate a Possible breach - terms of the •j-�—ment ) at which time the developer or his/her s`alI be r�,iuired to demonstrate good tdirh compliance wit' t terms of the agreement.. If 3s a result of this review. the ,.ornm; 3sion Find, dnd determine , on the basis cc 8 PLANNING COMMISSION RESOLUTION NO. _ substantial evidence that the developer has not complied in good faith with the terms or conditions of this agreement, then the commission shall declare the developer or his/her successor in default and shall so notify to him/her as to the specific nature of the default, and describe remedies required to achieve compliance. Any responsible or interested party associated with the project may correct the default . If after 30 days of the receipt of notification, the specified remedial actions have not occurred, the planning commission shall recommend to the city council that the agreement be modified or terminated. Proceeding before the city council shall be a noticed public hearing. If at the t i me of the hearings substantial improvements have not yet occurred on the site, termination of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated then enforcement of provisions of this agreement shall be pursued through leaal action per No. S of this AGREEMENT. 7. 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 validi.tv of the remaining portions. 9 PLANNING CONNISSION RESOLUTION NO. _ B. 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. 9. The terms of this agreement shall remain in force as long as the PROJECT remains in existence. IN WITNESS WHEREOF the parties have executed this AGREEMENT the year and date first above written. THE CITY OF PALM DESERT By By PALM DESERT VILLAS INC. By— By— (Notarized) ATTEST: SHEILA R. GILLIGAN. City Cler,: City of Palm Desert. California /dlg 10 PLANNING COMMISSION RESOLUTION NO. _ EXHIBIT "I" LEGAL DESCRIPTION The east 7. 5 acres of the west 15 acres of the northeast quarter of the northwest quarter of Section 8. Township 5 south range 6 east. San Bernardino base and meridian. Il PLANNING COMMISSION RESOLUTION NO. EXHIBIT 02" VERY LOW INCOME Household size - I $10, 150 LOWER INCOME Household size - 2 $18,450 MODERATE INCOME Household size - 2 $23,026 12 CITY OF PALM DESERT DEPARTMENT OF CON MUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: December 1 . 1987 CASE ND: PM 23058 and DA 86-5 Amendment REQUEST: Approval of a two lot parcel map for financing purposes and an amendment to an approved development agreement for a 113 unit senior housing project on 7.2 acres located on the south side of Country Club Drive, 1600 feet east of Monterey Avenue. APPLICANT: PALM DESERT VILLAS RON GUILLORY P.O. Box 1942 Palm Desert, CA 92261 I. BACKGROUND: In August of 1986 the city council approved Precise Plan/CUP 86-22 and DA 86.5 for a 113 unit conventional senior housing project on 7.2 acres located on the south side of Country Club Drive between San Tropez Villas and the Foundation for the Retarded. In August of 1987 a one year extension was granted. PARCEL MAP The project is divided into two building types: Phase 1 - a 70 unit two story apartment complex and Phase 2 - 43 one story attached bungalows. The proposed two lot parcel map would create separate lots for each phase for financing purposes. The applicant will be required to pull building permits on phase 1 prior to approval of a final map. . DEVELOPMENT AGREEMENT The current development agreement calls for 25% affordable units according to the following updated schedule: iI of units Max. Annual Income Monthly Rent One. bedroom 600 sq. ft. 5 $11 ,600 $286 One bedroom 650 sq. ft. 12 $18.450 $460 Two bedroom 848-1000 sq.ft . 11 $23,026 $575 The appli-cant is proposing to change the project unit mjx to include 14 studios. Five of these studios would be substituted for the five smaller one bedroom units to meet the 5% very low Income requirement of the senior ordinance. This results in a $34/month rent reduction from $286 to $252. The revised schedule will read: PH 23058 AND DA 86-5 AMENDMENTS # of units Max. Annual Income Monthly Rent Studio 450 sq. ft. 5 $10, 150 $252 One Bedroom 650 sq. ft. 12 $18.450 $460 Two Bedroom 848-1000 sq.ft. 11 $23,026 $575 The 70 units in Phase I wi 1 I include all five very low Income studios, seven one bedroom lower income units and six two bedroom moderate income units. In addition to the affordable units required by DA 86-5, the applicant is In the process of applying for federal tax credits which could increase the number of very low income units to 20%-40% of the project total . These additional very low income units would result from a separate 15 year agreement between the applicant and the state agency administrating the program. The city's development agreement runs for the Iife of the project. 11 . ANALYSIS: The proposed parcel map tied to building permits is consistent with the precise plan, requirements of the PR S.O. zone and the requirements of the state subdivision map act. The inclusion of studio units is consistent with the very low income program since it will result in a 12% rent reduction. 111. RECOMMENDATION: Approve findings and adopt Planning Commission Resolution No. approving PM 23058 and recommending to City Council approval of DA 86-5 Amendment. Prepared by Reviewed and Approved by /dig 2 VJJ1150� �J1 1L ��®✓•i W 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 .TELEPHONE (619) 346-0611 I December 22, 1987 CITY OF PALM DESERT LEGAL NOTICE CASE NO. DA 86-5 AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by PALM DESERT VILLAS, INC., for approval of an amendment to an approved development agreement for a 113 unit senior housing project on 7.2 acres located On the south side of Country Club Drive, 1600 feet east of Monterey Avenue. APN 622-020-002 ' teY to 7 !1 PC. 121 (D.P. 03-78 ' R•t•2 B.000 (a) P i SAID public hearing will be held on Thursday. January 14, 1988, 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.. If you challenge the. proposed actions in court, you may be .limited to raising only those Issues you or someone else raised at the public hearing described In this notice, or In written correspondence delivered to the pianning commission (or city council) at, or - prior to, the public hearing. PUBLISH: Desert Post SHEILA N. GILLIGAN, City Clerk 12-30-87 City of Palm Desert, California - APPENDIX A SUMMARY OF FEDERAL HOUSING TAX CREDIT i FEDERAL LOW INCOME HOUSING TAX CREDIT Thw new-tax credit is available to owners of low income x•' preferences f w rental housing. It replaces existing tax preferen s or to income housing such as preferential depreciation schedules, five year amortization of rehabilitation expenditures and special treatment of construction period interest and taxes. The credit is claimed annually over ten years, with an annual maximum credit of 98 for new construction and rehabilitation, and 48 for the cost of acquiring existing housing which was placed in service more than 10 years before the present acquisition and for expenditures for new construction and rehabilitation receiving other federal subsidies, including tax-exempt bond financing or a federal loan (direct or indirect) with an interest rate below the applicable federal rate. (A loan under the Farmers ' Home Administration Section 515 is such a loan as are HUD 221 (d) (3) BMIR and 236 loans. ) These credits are intended to equal credits with a present value of 70% and 30% of eligible cost, respectively, and will be adjusted monthly after 1987 to reflect changing interest rates; for property placed in service after 1987 , the actual percentage for computing the credit will be determined and fixed by the month the building is placed in service. Projects eligible for the 4% credit for acquisition costs may also qualify for the 9% rehabilitation credit. -1- Rehabilitation expenditures not claimed in connection with the acquisition of an existing building must average at least $2 ,000 per unit to qualify for the 9% credit. a. Qualified Basis . The "qualified" basis on which the credit is computed is equal to the proportion of "eligible" basis attributable to the low income units, which is equal to the lesser of (1) the proportion of low income units to all units, and (2) the proportion of floor space of low income units to all units . The cost of non-low income units can be included in "eligible" basis only if those units are not above the average quality standard of the low income units . Rehabilitation expenditures cannot be included in eligible basis if the expenditures improve any unit above the standard of the low income units . Eligible basis does not include the cost of land or the amount of any .federal grant (grants funded in whole or in part by the federal government) such as Community Development Block Grants, Urban Development Action Grants , Housing Development Grants and Rental Rehabilitation Grants. If the number of low income units or the floor space of low income units increases after a building is- placed in service, credits claimed on the additional "qualified" basis will be equal to two-thirds of the credit percentage allowed for the initial "qualified" basis for the remainder of the credit authority with respect to the additional "qualified" basis : -2- b. set-Aside Requirement. Property is eligible for the credit if (1) at least 20% of the housing units in the project are occupied by individuals with incomes of 50% or less of area median income, or (2) at least 40% of the units in the project are occupied by individuals with incomes of 60% or less of the area median, adjusted for family size (and which the IRS may adjust for areas with unusually low family income or high housing cost relative to family income) . The taxpayer must make the determination that a tenant satisfies the income requirement at least annually. If a qualifying tenant' s income subsequently increases or if a tenant's family size decreases , the limit will not be treated as exceeded unless the tenant' s income exceeds 140% of the applicable limit, adjusted for family size. A project must meet the set-aside requirements for 15 years , which period begins on the first day in the first taxable year in which the requirement is met. The set-aside . requirement must be satisfied within one year of the date the building or rehabilitated property is placed in service. Each year the taxpayer will be required to certify to the IRS that the project has complied with the set-aside requirement, which is to be computed on the aggregate residential rental units in all existing buildings in a project. If a project consists of multiple buildings placed in service on different dates , the set-aside will apply to each building as it is placed in service , and each building will have its own .15-year compliance period. -3- C. Rent Requirement. The rent charged for the i eligible units may not exceed 30% of the qualifying income limitations, adjusted for the size of the family actually occupying the unit. Gross rent includes the cost of any utilities other than telephone. - If the tenant is required to pay any utilities directly, the maximum rent that may be charged must be reduced by a utility allowance prescribed by the IRS, which will take into consideration the procedures under Section 8 of the United States Housing Act of 1937 ( "Section 8" ) . The gross rent limitation applies only to payments made directly by the tenant and does not apply to any rental assistance payments made on behalf of the tenant such as through Section 8 . d. Penalty For Noncompliance. The penalty for any building failing to comply with the minimum set-aside requirement or the gross rent requirement during the 15-year compliance period is recapture of the accelerated portion of the credit for all previous years . The accelerated portion of the credit which is recaptured in the year of noncompliance is equal to one-third of the credit claimed each year if the violation occurs during the first 11 years, and is four-fifteenths for violations during the twelfth year, three-fifteenths for violations during the thirteenth year, two-fifteenths for violations during the fourteenth year, and one-fifteenth for violations during the fifteenth year. These amounts are recaptured with interest from the date the recapture amount was claimed. The interest rate will be the -4- "overpayment" ate established by the A* which is equal to two percentage points above the short-term federal rate. If a project initially exceeds the minimum set-aside requirement of 201 or 40%. and later the percentage of low income units upon which the credit has been claimed decreases although the project still continues to satisfy the minimum set-aside requirements, recapture will be limited to that portion of the credit attributable to the project' s "qualified" basis no longer in compliance, with the recapture amount computed as described above. For example, if a taxpayer claimed the credit for a project based on a "qualified" basis of 35% of the project allocated to units occupied by individuals with incomes of 50% or less of area median income, and during the first ten years the qualified basis dropped to 25% of the project because vacancies were filled by tenants with nonqualifying incomes , the minimum set-aside requirement of 20% still would be satisfied. Therefore, recapture would be triggered only on the credit amount allocable to the 10% basis of the project no longer eligible for the credit. If noncompliance is corrected within a reasonable time, there will not be any recapture . To return- a project to compliance, the taxpayer is not required to evict tenants until a project is in compliance. The taxpayer, however, is required to rent each rental unit of comparable or smaller size that becomes vacant while the project is not in compliance to a tenant having a qualifying income. As a result,. recapture will not be triggered when the project fails -5- I to comply, but, rather, recapture will occur if a unit is rented to someone other than a low income tenant when the Project is not in compliance with the set-aside requirement or with the qualified basis amounts on which the credit was computed. e. Available Credits . The total annual credits that may be issued by each state are equal to $1 . 25 per state resident, which will be approximately $32 million for the State of California. Ten percent of the credit authority must be reserved for projects developed by non-profit organizations, one of whose exempt purposes is to foster low income housing. Eligible housing financed with the proceeds of tax-exempt bonds receiving an allocation under the bond volume cap will qualify for the credit without reducing a state' s credit authority because the volume of bonds is limited under the Act. (See Part II , volume Cap. ) Unless the . governor or state legislature acts, each state' s credit authority limitation is allocated in its entirety to the state housing credit agency. The Mortgage Bond Allocation Committee has been designated the State agency for this purpose . States have the authority to allocate less than the maximum all credit percentages or to allow a smaller "qualified" basis on which the credit is computed. The credit agency' s remaining authority is reduced by the amount equal to the credit percentage multiplied by the qualified basis granted by the agency . A state cannot carry over any unused credit authority from one year to the next, with a limited exception for 1990 . f. _�fective Date.. The credi, is available for property placed in service between January 1, 1987 and December 31, 1989 , inclusive. Property placed in .service after those dates may qualify for the credit if expenditures of ten percent or more of total project costs are incurred before January 1 , 1989 and the property is placed in service before 1991 . g. Transferability. Recapture is triggered if the taxpayer disposes of a building receiving the credit, unless the seller posts a bond to the IRS in an amount satisfactory to the IRS, . and provided it can be reasonably expected that the building will continue to be in compliance for the remainder of the compliance period. h. State Implementation. On March 4 , 1987, Governor Deukmejian issued a proclamation implementing the low income housing tax credit program, and designated the Mortgage Bond Allocation Committee ("MBAC") as the State' s agency to allocate the tax credits. The Governor also established the following priorities that will be given consideration in the MBAC allocation process: 1. Projects which have been government-assisted affordable housing projects for low income households and/or which are eligible to convert to market-rate rental units without government rental restrictions for .low income households within the time period of "the tax credit usage (10 years) . -7- 2 . Projects which enhance the benefit of state and/or local financial and nonfinancial resources . I 3. Projects targeted to those special needs groups identified in the Statewide Housing Plan. 4 . Projects which commit to providing a percentage of low-income units greater than the minimum and/or for a longer period of time than is required in Section 42 of the Code. S . Projects which maximize the utilization of credits available to the State. 6 . Projects which provide housing for larger families (i.e. , two or three bedroom units) . 7 . Projects which have more than 20 units and are in urban areas . 8 . Projects which provide a geographic distribution and expansion of the supply of decent, safe and sanitary housing in areas with a limited supply of low cost rental housing . Priority will also be given to projects which provide for the redevelopment of blighted areas as defined by the local government , or -8- preve.it the occurrence of slums and blighting conditions. 9. Projects funded with taxable financing. 10 . Projects which have the participation of a local government entity, or state agency (i.e. , when the entity or state agency is part of the development team) , or projects which meet local government priorities. 11 . Projects which include units designed for the physically handicapped, developmentally disabled, or mentally ill. 12. Projects which demonstrate readiness to proceed, as indicated by firm financing plans, zoning approvals, completion of plans and specifications, and other relevant factors. - MBAC has prepared guidelines and forms to be used when applying for an allocation of the credit. -9- 'A. PALM DESERT VILLAS, INC. ,P. 0. BOX 1942 i PALM DESERT, CALIFORNIA 92261�' CITY COUNCIL CITY OF PALM DESERT , 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260 November 10, 1987 Re: Low Income Housing Tax Credits (LIHC) Ammendment to DA 86-5 City Council Members : This company, by providing affordable housing to seniors, is in- terested in receiving approval of tax credits as provided in the Federal Tax Reform Act of 1986 (the "Act" ) and as provided by the State of California. Based on the Act, application for these tax credits are to be sub- mitted by the governing authority over the subject development; in this case the City of Palm Desert. I have previously furnished the Planning Department copies of the required forms to be submitted for their review. Additionally, this company requests a modification of its present Development Agreement (DA 86-5) to include a portion of studio units (5) to be offered as part of the affordable housing requirments in it 's first phase of development . I am providing a floor plan of the studio unit requested to be approved. Approval of these two requests may help provide seniors with housing costs lower than those which will be offered under the present Dev- elopment Agreement . Trusting the above meets with your approval , I am Si rely, t7 Ronald M. Gu ory - Presid RMG:me PDtaxcr CITY OF PALM DESERT TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council II. REQUEST: Approval of a senior overlay change of zone, precise plan/conditional use permit, development agreement and negative declaration of environmental impact to allow construction of 113 conventional senior apartments on 7.2 acres located on the south side of Country Club Drive between San Tropez Villas and the Foundation for the Retarded. III. APPLICANT: PALM DESERT VILLAS, INC. P.O. Box 1942 Palm Desert, CA 92261 IV. CASE NO: C/Z 86-3, PP/CUP 86-22 & DA 86-5 V. DATE: August 14, 1986 VI . CONTENTS: A. Staff Recommendation B. Discussion C. Draft Resolution/Ordinance No. D. Planning Commission minutes involving Case No. C/Z 86-3, PP/CUP 86-22 & DA 86-5. E. Planning Commission Resolution No. 1156 F. Planning Commission staff report dated July 1 , 1986. G. Related maps and/or exhibits ----------------------------------------------- ------------------------------ A. STAFF RECOMMENDATION: 1 . Negative declaration of environmental impact, adopt resolution of approval . 2. C/Z 86-3 Waive further reading of ordinance and pass to second reading. 3. PP/CUP 86-22 Adopt Resolution of approval subject to conditions. 4. DA 86-5 Waive further reading of ordinance and pass to second reading. B. DISCUSSION: The project site is a long narrow parcel sandwiched between San Tropez Villas and the Foundation for the Retarded. It will consist of 113 conventional senior one bedroom and two bedroom apartments. The northern two thirds of the site, fronting onto Country Club Drive, will be C/Z 86-3, PP/CUP 86-22 a DA 86-5 developed with single story two bedroom attached units. A two story (22' maximum height) complex will occupy the southern third. Compatibility with the surrounding uses and the proximity to Lucky's shopping center and Eisenhower Hospital make this site ideally suited for senior housing. The project's 15 unit per acre density places it towards the bottom of the senior overlay range. The development agreement requires rental controls on 28 units at the following rates: 5, one bedroom - 600 sq. ft. @ $267/month 12, one bedroom - 650 sq. ft. @ $429/month 11 , two bedroom - 884 sq. ft. @ $536/month Prepared by Reviewed and Approved by /dlg 2 73-510 FRED WARINO DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE (619) 346-0611 July 24, 1986 CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP/CUP 86-22, C/Z 86-3 8 DA 86-5 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by PALM DESERT VILLAS INC., for approval of a negative declaration of environmental Impact, a change of zone from PR-5 to PR-5 Senior Housing Overlay and precise plan/conditional use Permit and development agreement to allow a 113 unit senior citizen housing development on 7.5 acres located on the south side of Country Club Drive 1600 feet east of Monterey Avenue, more particularly described as+ APN 622-020-002 r F4 P.C. (2) (D.P. 03-78 ,• 0 X, S I T R „2 8,CC0 (8) Ut • I FTI v r i i 1 SAID public hearing will be held on Thursday, August 14, 1986 at 7:00 p.m. In the Council Chamber at the Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all Interested persons are Invited to attend and be heard. If you challenge the proposed actions In court, you may be limited to raising only those Issues you or someone else raised at the public hearing described In this notice, or In written correspondence_ delivered to the city council (or planning commission) at, or prior to, the public hearing. PUBLISH: Desert Post SHEILA R. GILLIGAN, City Clerk August 1, 1986 City of Palm Desert, California 11 I a • • • • • COUNTY OF RIVERSIDE - PALM ERT C LLN IT t P.R.- 7 S.P (DP 15-79) COUNTY OF RIVERSIO _ P.C. (2) (D.P. CZ -78 IT 00, SRM1T EE P R.-5 to P. -5 S.O. ODL Ci. R-„ 2 8,000 (8) P '-Y` A DPR - 22 NOON fLJN�N ORcw,01 EE 07. 9�MnnLE Lt' 5AGE+I OJO `04NP R-5 _t f w NOVLEY J � � 2 U W W O Q a ¢ III 1� oil ^�^ CITY OF PALM DESERT Case No. 86-3 PLANNING COMMISSION RESOLUTION NO. Date fFKHL ED A ORDINANCE NO. _ EXHIBIT "A" PALM DESERT VILLAS INC. AFFORDABLE SENIOR HOUSING DEVELOPMENT AGREEMENT This agreement, made as of this day of 1986, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Palm Desert Villas Inc. (hereinafter "DEVELOPER") provides: Recitals 1 . DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1 , attached hereto and made a part hereof (hereinafter "PROPERTY") . DEVELOPER has applied for and been granted approval of a precise plan/conditional use permit 86-22 (hereinafter "PROJECT") to construct III senior housing units on the PROPERTY. 2. As a condition of said approval , CITY has required that a specified number of units associated with the project be set aside for very low, lower and moderate income occupants subject to restrictions necessary to insure the continued occupancy of said units by very low, lower and moderate income senior citizen households. 3. DEVELOPER and CITY desire to further memorialize and implement the 2 ORDINANCE NO. conditions of said approval and do hereby agree to the following terms and conditions. 4. As used herein, the following terms shall be defined as: A. SENIOR CITIZEN HOUSEHOLD - Maximum two person household of which one member is 62 years of age or older. B. CONVENTIONAL SENIOR HOUSING - Rental or ownership units designed and restricted to healthy ambulatory senior citizens who remain capable of performing most activities associated with independent daily life. Other than having smaller units and possessing design features and recreational amenities more compatible with a less active lifestyle conventional senior housing resembles standard housing. C. VERY LOW INCOME SENIOR CITIZEN HOUSEHOLDS - Senior citizen households whose gross income does not exceed 50% of the median income for one and two person households for Riverside County based upon financial and demographic data received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is included in Exhibit "2" and shall be up dated automatically as current data is obtained from HUD. If in the future, more relevant data is made available specifically applicable to senior citizens by (HUD) or other officially recognized agencies, such data shall become the basis of this agreement. 3 ORDINANCE NO. D. LOWER INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen households whose gross income does not exceed 80% of the median income for one and two person households for Riverside County based upon financial and demographic data received from the United States Department of Housing and Community Development. (HUD) or its successor agency. This information is included in Exhibit "2" and shall be up dated automatically as current data is obtained from HUD. If in the future, more relevant data is made available specifically applicable to senior citizens by (HUD) or other officially recognized agencies, such data shall become the basis of this agreement. E. MODERATE INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen households whose income does not exceed 100% of the median income. Agreement 1 . DEVELOPER has been conditionally granted permission by the CITY to construct 111 rental units for senior citizen households on the PROPERTY by Precise Plan/Conditional Use Permit 86-22, Planning Commission Resolution No. As a condition of said approval DEVELOPER is required, and hereby agrees to reserve and make affordable 5% (5 units) of the project for VERY LOW INCOME SENIOR HOUSEHOLDS, 10% ( 12 units) for LOWER INCOME SENIOR HOUSEHOLDS and 10% 4 ORDINANCE NO. ( 11 units) for MODERATE INCOME SENIOR HOUSEHOLDS. Monthly rents for these AFFORDABLE UNITS shall not exceed 30% of the maximum gross monthly income as shown for the respective units in Exhibit "2". The unit mix, initial rent and maximum income levels for the AFFORDABLE UNITS shall be as follows: Unit Type # of Units Max. Annual Income Monthly Rent 1 bdrm 600 sf 5 $10,700 $267 1 bdrm 650 sf 12 $17, 150 $429 2 Bedroom 11 $21 ,437 $536 The AFFORDABLE units shall be of a quality and design indistinguish- able from the market units, shall be evenly distributed throughout the project and shall be periodically rotated as vacancies permit. 2. All units in the PROJECT shall be offered as Conventional Senior Housing. The DEVELOPER may provide, at the tenants option, other services for an additional cost. This agreement in no way restricts or limits optional care services or charges. 3. The DEVELOPER or his assigned management agent shall be responsible for determining eligibility 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 senior households and audits (as is deemed necessary by the city at the DEVELOPERS expense) by the CITY 5 ORDINANCE NO. or its assigned agent to determine compliance with all affordable housing provisions of this agreement. 4. The DEVELOPER shall not discriminate on the basis or race, creed, sex or national origin. 5. 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. 6. This agreement shall be reviewed by the CITY planning commission every 6 months (or whenever substantial evidence exists to indicate a possible breach of the terms of the agreement) at which time the developer or his/her 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 developer has not complied in good faith with the terms or conditions of this agreement, then the commission shall declare the developer or his/her successor in default and shall .so notify to him/her as to the specific nature of the default, and describe remedies required to achieve compliance. 6 ORDINANCE NO. Any responsible or interested party associated with the project may correct the default . If after 30 days of the receipt of notification, the specified remedial actions have not occurred, the planning commission shall recommend to the city council that the agreement be modified or terminated. Proceeding before the city council shall be a noticed public hearing. If at the time of the hearings substantial improvements have not yet occurred on the site, termination of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated then enforcement of provisions of this agreement shall be pursued through 1 ega 1 action per No. 5 of this AGREEMENT. 7. 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. 8. 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. 7 o ORDINANCE NO. 9. The terms of this agreement shall remain in force as long as the PROJECT remains In existence. IN WITNESS WHEREOF the parties have executed this AGREEMENT the year and date first above written. THE CITY OF PALM DESERT By By PALM DESERT VILLAS INC. By By (Notarized) ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California /dlg 8 ORDINANCE NO. EXHIBIT "2" VERY LOW INCOME Household size - 2 $10,700 LOWER INCOME Household size - 2 $17, 150 MODERATE INCOME Household size - 2 $21 ,437 10 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A PROPOSED ZONING AND A PRECISE PLAN/CONDITIONAL USE PERMIT FOR A Ili UNIT SENIOR HOUSING PROJECT LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE, 1600 FEET EAST OF MONTEREY AVENUE. CASE NO: Environmental Assessment for C/Z 86-3. PP/CUP 86-22 WHEREAS, the City Council of the City of Palm Desert, California did on the 14th day of August, 1986 hold a duly noticed public hearing to consider a Negative Declaration of Environmental Impact for senior overlay zoning and precise plan/conditional use permit for a 113 unit senior housing project. WHEREAS, the planning commission has determined that the proposed zoning and precise plan/conditional use permit will not have a significant adverse impact on the environment and has recommended that a Negative Declaration of Environmental Impact be approved. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard said city council did find that the use of the property as senior citizen housing and the design of the precise plan with required mitigation measures will not result in significant adverse impacts on the environment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, 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 a Negative Declaration of Environmental Impact for Cases C/Z 86-3 and PP/CUP 86-22. RESOLUTION NO. _ PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this day of 1986 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: i RICHARD KELLY, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California /dig 2 I` REsaurloN No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN/CONDITIONAL USE PERMIT FOR A 113 UNIT SENIOR HOUSING PROJECT ON 7.2 ACRES LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE, 1600 FEET EAST OF MONTEREY AVENUE. CASE NO: PP/CUP 86-22 WHEREAS, the City Council of the City of Palm Desert, California did on the 14th day of August, 1986 hold a duly noticed pub] i c hearing to consider approval of a precise plan/conditional use permit for a 113 unit senior housing project located on the south side of Country Club Drive, 1600 feet east of Monterey Avenue. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard said city council did find the following facts to exist to justify their actions. 1 . The plan complies with the goals, objectives and specific standards of the senior overlay zone and the housing element of the general plan. 2. The proposed land use intensity, site plan and architecture are compatible with adjacent uses. 3. The project will not depreciate values, restrict the lawful use of adjacent properties, nor will it threaten public health, safety or general welfare. 4. The project will greatly expand housing opportunities for low and moderate income senior citizen households. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: I . That the above recitations are true and correct and constitute the findings of the city council in this case. 2. That PP/CUP is hereby approved subject to attached conditions. RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this day of 1986 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICHARD KELLY, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California /dlg 2 MINUTES PALM DESERT PLANNING COMMISSION JULY 1 . 1986 C. Case No. PP/CUP 86-22, C/�Z 8 AND DA 86-5 - PALM DESERT VILLAS, Applicant Request for approval of a negative declaration of environmental impact and change of zone from PR-5 to PR-5 S.O. , precise plan/conditional use permit and development agreement to allow 119 unit senior citizen housing development on 7.2 acres located on the south side of Country Club Drive, 1600 feet west of Monterey Avenue. Mr. Drell outlined the salient points of the staff report and Indicated that the unit number was 113 instead of l l l'. He stated that letters of approval had been received from Palm Desert Greens, Van Cadenhead 'of° 'Ithe Senior Center,' "and `the' Foundation for the Retarded. Staff recommended approval of the project. Commissioner Richards asked what other kinds of uses this property could be used for and Mr. Drell replied standard apartments or an j instructional type facility. I Chairman Crites opened the public hearing and asked the applicant to address the commission. I MR. RONALD GUILLERY, 39-448 P. Springs Drive. , stated that all of the affordable housing would be on-site. He indicated that there were fewer amenities, but indicated there were other benefits, those being single story and open space. Commissioner Richards asked .who the operator of the facility would be. Mr. Guillery replied that it would probably be himself. j Chairman Crites asked if anyone wished to speak in FAVOR of or in OPPOSITION to the proposed. MR. MICHAEL MANNiS, Sagewood homeowner, expressed concern regarding the traffic congestion from construction, felt construction was squeezing around them, recommended that the commission wait before approving additional project to see the impact from projects already approved, felt there was heavy traffic on narrow roads, and suggested that the commission reroute traffic onto Hoviey Lane , especially during construction. 6 i i l MINUTES PALM DESERT PLANNING COMMISSION JULY 1 , 1986 Mr. Drell informed Mr. Mannis and the commission that the project will not increase traffic generation for what it is zoned and is comparable to Sagewood itself. He explained that Country Club was a regional arterial and Hovley Lane was residential . Chairman Crites closed the public testimony. Commissioner Wood stated that after hearing the public testimony and considering the letters that were submitted, he could see no reason not to approve the project. Commissioner Downs concurred. Commissioner Richards expressed concern for the development agreement and location of the senior overlay. He also felt that the amenities needed to be upgraded. Commissioner Richards felt that commission should stop after approval of this particular project to assess previously approved projects. Chairman Crites felt that the recreational facilities should be amended. Staff suggested a condition of approval stating that the applicant develop the recreational amenities as approved by the director of community development within the open space area to include, but not be limited to, shuffleboard, horseshoes, and a par course for seniors. Mr. Guiliery stated that while the project already provided two pools and one spa, he did not object to this condition. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, adopting the findings .as presented by staff. Carried 5-0. Moved by Commissioner Richards, seconded by Commissioner Downs, adopting Planning Commission Resolution No. 1156, approving C/Z 86-3, PP/CUP 86-22 and DA 86-5, subject to conditions as amended. Carried 5-0. A TEN MINUTE RECESS WAS CALLED AT 8:50 P.M. Moved by Commissioner Downs, seconded by Commissioner Richards, to suspend the agenda. . Carried 5-0. F. Case No. PP 86-32 DESERT CITIES BAPTIST CHURCH, Applicant Request for approval of a negative declaration of environmental impact and a precise plan of 7 i MINUTES PALM DESERT PLANNING COMMISSION JULY 1 , 1986 Mr. Drell informed Mr. Mannis and the commission that the project will not increase traffic generation for what it is zoned and is comparable to Sagewood itself. He explained that Country Club was a regional arterial and Hovley Lane was residential . Chairman Crites closed the public testimony. Commissioner Wood stated that after hearing the public testimony and considering the letters that were submitted, he could see no reason not to approve the project. Commissioner Downs concurred. Commissioner Richards expressed concern for the development agreement and location of the senior overlay. He also felt that the amenities needed to be upgraded. Commissioner Richards felt that commission should stop after approval of this particular project to assess previously approved projects. Chairman Crites felt that the recreational facilities should be amended. Staff suggested a condition of approval stating that the applicant develop the recreational amenities as approved by the director of community development within the open space area to include, but not be limited to, shuffleboard, horseshoes, and a par course for seniors. Mr. Guillery stated that while the project already provided two pools and one spa, he did not object to this condition. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, adopting the findings as presented by staff. Carried 5-0. Moved by Commissioner Richards, seconded by Commissioner Downs, adopting Planning Commission Resolution No. 1156, approving C/Z 86-3, PP/CUP 86-22 and DA 86-5, subject to conditions as amended. Carried 5-0. A TEN MINUTE RECESS WAS CALLED AT 8:50 P.M. Moved by Commissioner Downs, seconded by Commissioner Richards, to suspend the agenda. Carried 5-0. F. Case No. PP 86-32 DESERT CITIES BAPTIST CHURCH, Applicant Request for approval of a negative declaration of environmental impact and a precise plan of i 7 I 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 July 15, 1986 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO: 307 MF APPLICANT (AND ADDRESS) : PALM DESERT VILLAS INC. , P.O. Box 1942, Palm Desert, CA 92261 . NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval for a 113 unit senior housing apartment project. LOCATION: South side of Country Club 1600 feet east of Monterey. ZONE: Propose PR-5 Senior Housing Overlay ------------------------------------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission continued this case. Date of Action: July 8, 1986 Vote: Carried 4-0 (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. o:ff IPMIlTrm 11D®=CD= � 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 September 3 , 1986 l C Lb V TO S E P 1 1 1986 Mr . Ron Gu i 1 1 ory, President COMMUNITY DEVEIOPMENT DEPARTMENT Palm Desert Villas , Inc . cI1V OP PALM DESERT P.O. Box 1942 Palm Desert , California 92261 Dear Mr . Guillory: At its meeting of August 28 , 1986, the Palm Desert City Council adopted Ordinance No . 470 , approving a change of zone for 7. 2 acres on the south side of Country Club Drive, 1600 feet east of Monterey Avenue . The Council also adopted Ordinance No . 471 , approving a . development agreement setting terms and conditions relating to the management of a 113 unit senior housing project at the same 4 location . Enclosed for your records are fully executed copies of both of these ordinances . If you have any questions or require any additional information, please do not hesitate to call us . Sincerely, 1 � SHEILA R. GILLIGAN CITY CLERK/P. I .O. SRG :mpf Enclosures (as noted) cc : ,Irepartment of Community Development/Planning i 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: July 2, 1986 PALM DESERT VILLAS P.O. BOX 1942 Palm Desert, CA 92261 Re: PP/CUP C/Z 86-3 AND DA 86-5 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of July 1, 1986. ADOPTED PLANNING COMMISSION RESOLUTION NO. 1156, AS AMENDED, RECOMMENDING APPROVAL TO CITY COUNCIL. 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. r RAMON A. DIAZ, SECR TA PALM DESERT PLANNING C MISSION RAD/tm a PLANNING COMMISSICN RESOLUTICN NO. 1156 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, CHANGE OF ZONE ADDING THE SENIOR OVERLAY, PRECISE PLAN/CONDITIONAL USE PERMIT, AND DEVELOPMENT AGREEMENT FOR A 113 UNIT SENIOR HOUSING PROJECT ON 7.2 ACRES LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE, 1600 FEET EAST OF MONTEREY AVENUE. CASE NO: C/Z 86-3, PP/CUP 86-22 S DA 86-5 WHEREAS, the Planning Commission of the City of Palm Desert, California did on the 1st day of July 1986 hold a duly noticed public hearing to consider a request by PALM DESERT VILLAS INC. for approval of a Negative Declaration of Environmental Impact, change of zone adding the senior overlay and precise plan/conditional use permit and development agreement for a 113 unit senior - housing project located on the south side of Country Club Drive, 1600 feet east of Monterey Avenue. 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 community develop- ment has determined that the project will not have a significant impact on the environment and a negative declaration has been prepared. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard said planning commission did find the following facts to exist to justify their actions. CHANGE OF ZONE: 1 . The proposed senior housing zoning is consistent with the general plan land use high density suitability map and the locational criteria outlined in the housing element. PRECISE PLAN: 1 . The precise plan complies with the goals, objectives and specific standards of the senior overlay zone and the housing element of the general plan. . 2. The proposed land use intensity, site plan and architecture are compatible with adjacent uses. 3. The project will not depreciate values, restrict the lawful use of adjacent properties, nor will it threaten public health, safety or general welfare. PLANNING COMMISSION RESOLUTION N0. 1156 4. The project will greatly expand housing opportunities For low and .moderate income senior citizen households. DEVELOPMENT AGREEMENT: 1 . The development agreement sis consistent with and implements goals and requirements of the Palm Desert General Plan Housing Element and Zoning Ordinance Senior Overlay concerning housing for very low/lower and moderate income senior citizen household. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and' constitute the findings of the commission in this case. 2. That Case No's C/Z 86-3 Exhibit A, PP/CUP 86-22 Exhibit 8, DA ! 86-5 Exhibit C and associated negative declaration of environmental j impact are recommended for approval to city council subject to attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission held on this lst day of July, 1986 by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARDS,_ W000 S CRITES I NOES: NONE ' I ABSENT: NONE I ABSTAIN: NONE �. �B�'CRITES, Chairman ATTEST: '^i�iv�ti7l/v• .' ems' RAMON A. DIAZ, Secre /dig 2 i PLANNING COMMISSICN RESCLUTICN No. 1156 CONDITIONS OF APPROVAL CASE NO. PP/CUP 86-22 Department of Community Development: 1 . This approval shall be contingent upon approval and execution of DA 86-5. 2. The development of the property shall conform substantially with exhibits on file with the department of community development, as modified by the following conditions. 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 contem- plated 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 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. Trash provisions shall be approved by applicable trash company and city prior to. issuance of building permit. 7. The minimum age for project occupants shall be 62. 8. Project sponsor must post a maintenance bond, letter of credit or cash deposit for the life of the project equivalent to the annual maintenance budget for the perimeter landscaping of the project, plus reserves for repair and replacement. 9. Applicant shall pay $600/acre Fringe-toed lizard mitigation fee. 3 PLANNING COMMISSION RESOLUTION NO. 1156 10. Project shall 1 pay school impact fees of $628/unit or as arranged by the Desert Sands Unified School District. 11 . Applicant shall develop the recreational amenities as approved by the director of community development within the open space area to include, but not be limited to, shuffleboard, horseshoes and par course for seniors. Department of Public Storks: 1 . Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to grading permit issuance. 2. Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drainage Plan, to the specifications of the director of public i works. 3. Storm drain construction. shall be contingent upon a drainage study by the j private engineer that is approved by the department of public works. 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 construction of any improvements is commenced. The engineer shall submit "as-built" plans prior to the acceptance of_the improvements by the city. 6. All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee shall be paid prior to grading permit issuance. I 7. Landscaping maintenance on Country Club Drive shall be provided by the property owner. 8. Existing utilities on Country Club Drive shall be undergrounded per each respective utility district's recommendation. 9. Traffic safety striping on Country Club Drive shall be provided to the specifications of- the director of public works. A traffic control plan must be submitted to and approved by the director of public works before placing pavement markings. 10. 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. i I 4 i i i, I PLANNING COMMISSION RESOLUTION NO. 1156 11 . Dedication of eleven feet of right-of-way on Country Club Drive shall be done prior to issuance of any permits and approval of plans. 12. Installation of meandering sidewalk on Country Club Drive. 13. Offsite improvement plans to be approved by public works department and a surety posted to guarantee the required offsite improvements prior to grading permit issuance. 14. Full improvement of interior streets based on private street standards as established in accordance with Chapter 26, Section 26.40.040 CPO Code. 15. Installation of one-half landscaped median in Country Club Drive or cash payment for one-half the cost of landscaped median at the option of the director of public works. 16. Size, number and location of driveways to public works specifications with only two driveway approaches to be allowed to serve this property. City Fire Martha] : 1. Install a water system capable of delivering 4000 GPM fire flow from any fire hydrant for a 3 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. 2. 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. a. exterior surface of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. In. curbs shall be painted red 15 feet in either direction from each hydrant. C. 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 86-22 is in accordance with the requirements prescribed by the fire marshal". 5 PLANNING COMMISSION RESOLUTION NO. 1156 S. Prior to delivery. of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 6. All buildings over 5000 square feet require an approved fire sprinkler system. 7. A secondary emergency vehicle access is required. S. A .state fire marshal approved fire alarm system will be required in all buildings containing 15 or more apartments. 9. All building areas beyond 150' of vehicular access will require a fire department standpipe system. 10. Minimum drive width to be 20' between 2818 units and A 8 B units. 11 . Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval . i i i I i i i i 6 ORDINANCE NO. 528 executed by a duly authorized official acting in his official capacity. 9. The terms of this agreement shall remain in force as long as the PROJECT remains in existence. IN WITNESS WHEREOF the parties have executed this AGREEMENT the year and date first above written. THE CITY OF PALM DESERT By By PALM DESERT VILLAS INC. By By (Notarized) ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California ORDINANCE NO. 528 default and shall so notify to him/her as to the specific nature of the default, and describe remedies required to achieve compliance. Any responsible or interested party associated with the project may correct the default . If after 30 days of the receipt of notification, the specified remedial actions have not occurred, the planning commission shall recommend to the city council that the agreement be modified or terminated. Proceeding before the city council shall be a noticed public hearing. If at the t i me of the hearings substantial improvements have not yet occurred on the site. termination of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated then enforcement of provisions of this agreement shall be pursued through legal action per No. 5 of this AGREEMENT. 7. 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. 8. 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 I � ORDINANCE NO. 528 eligibility requirements . This plan shall include annual qualification by all eligible senior households and audits (as is deemed necessary by the city at the DEVELOPERS expense) by the CITY or its assigned agent to determine compliance with all affordable housing provisions of this agreement. 4. The DEVELOPER shall not discriminate on the basis or race, creed, sex or national origin. 5. 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 l ega 1 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. 6. This agreement shall be reviewed by the CITY planning commission every 6 months (or whenever substantial evidence exists to indicate a possible breach of the terms of the agreement) at which time the developer or his/her 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 developer has not complied in good faith with the terms or conditions of this agreement. then the commission shall declare the developer or his/her successor in 1 ORDINANCE NO., 528 these AFFORDABLE UNITS shall not exceed 30% of the maximum gross monthly income as shown for the respective units in Exhibit "2". The unit mix. initial rent and maximum income levels for the AFFORDABLE UNITS shall be as follows: Unit_ype Hof Units Max. Annual Income Monthly Rent Studio 450 sf 5 $10. 150 $252 I bdrm 650 sf 12 $18.450 $460 2 Bedroom 11 $23.026 $575 The AFFORDABLE units shall be of a quality and desiqn indistinguish- able from the market units. shall be evenly distributed throughout the protect and shall be periodically rotated as vacancies permit. The protect may be divided into two phases as delineated by PM 23058. Phase I will contain 70 units: Phase 2 - 43 units. The 70 units in phase I will include five very low income studios. seven one bedroom lower income units and six two bedroom moderate income units. 2. All units in the PROJECT shall be offered as Conventional Senior Housing. The DEVELOPER may provide. at the tenants option. other services for an additional cost. 3. The DEVELOPER or his a5sianed management agent shall be responsible for determining eligibility of prospective tenants. Prior to openinq the project the DEVELOPER shall submit for approval a plan to the CITY describing .the procedure for determininq and enforcing I ORDINANCE N0. 528 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT FOR AN 113 UNIT SENIOR HOUSING PROJECT ON 7.2 ACRES LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE, 1600 FEET EAST OF MONTEREY AVENUE. CASE NO: DA 86-5 AMENDMENT WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of January, 1988, hold a duly noticed public hearing to consider a development agreement amendment modifying the mix of affordable units for a 113 unit senior housing project on 7.2 acres located on the south side of Country Club Drive, 1600 feet east of Monterey Avenue. WHEREAS. at said public hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard said city council did find the following facts to exist to justify their actions. 1 . The proposal inclusion of studio units with a 12% rent reduction in the affordable housing program is consistent with intent and purpose of the senior overlay ordinance. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert. California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the council in this case. 2. That DA 86-5 Amendment Exhibit "A" is hereby approved. PASSED. APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council held on this day of 1987, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN M. BENSON, Mayor ATTEST: SHEILA R. GILLIGAN. City Clerk City of Palm Desert. California f ORDINANCE NO. 528 EXHIBIT "A" PALM DESERT VILLAS INC. AFFORDABLE SENIOR HOUSING DEVELOPMENT AGREEMENT This agreement, made as of this day of , 1986, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Palm Desert Villas Inc. (hereinafter "DEVELOPER") provides: Recitals 1 . DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1 , attached hereto and made a part hereof (hereinafter "PROPERTY") : DEVELOPER has applied for and been granted approval of a precise plan/conditional use permit 86-22 (hereinafter "PROJECT") to construct 113 senior housing units on the PROPERTY. 2. As a condition of said approval , CITY has required that a specified number of units associated with the project be set aside for very low, lower and moderate income occupants subject to restrictions necessary to insure the continued occupancy of said units by very low, lower and moderate income senior citizen households. ORDINANCE N0. 528 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. 4. As used herein, the following terms shall be defined .as: A. SENIOR CITIZEN HOUSEHOLD - Maximum two person household of which one member is 62 years of age or older. B. CONVENTIONAL SENIOR HOUSING - Rental or ownership units designed and restricted to healthy ambulatory senior citizens who remain capable of performing most activities associated with Independent daily life. Other than having smaller units and possessing design features and recreational amenities more compatible with a less active lifestyle conventional senior housing resembles standard housing. C. VERY LOW INCOME SENIOR CITIZEN HOUSEHOLDS - Senior citizen households whose gross income does not exceed 50% of the median income for one and two person households for Riverside County based upon financial and demographic data received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is included in Exhibit "2" and shall be up dated automatically as current data is obtained from HUD. if in the future, more relevant data is made available specifically applicable to senior citizens by (HUD) or other officially recognized agencies, such data shall become the basis of this agreement. ORDINANCE NO. 528 0. LOWER INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen households whose gross income does not exceed 80% of the median income for one and two person households for Riverside County based upon financial and demographic data received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is included in Exhibit "2" and shall be up dated automatically as current data is obtained from HUD. If in the future, more relevant data 1s made available specifically applicable to senior citizens by (HUD) or other officially recognized agencies, such data shall become the basis of this agreement. E. MODERATE INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen households whose income does not exceed 100% of the median Income. Agreement _. I . DEVELOPER has been conditionally granted permission by the 'CITY to construct III rental units for senior citizen households on the PROPERTY by Precise Plan/Conditional Use Permit 86-22, Planning _. Commission Resolution No. As a condition of said approval DEVELOPER Is required, and hereby agrees to reserve and make affordable 5% {5 units) of the project for VERY LOW INCOME SENIOR HOUSEHOLDS, 10% ( 12 units) for LOWER INCOME SENIOR HOUSEHOLDS and 10% ( 11 units) for MODERATE INCOME SENIOR HOUSEHOLDS. Monthly rents for I MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 1986 C. Case No. PP/P 6-22, C/Z 86-3 AND DA 86-5 - PALM DESERT j VILLAS, Applicant Request for approval of a negative declaration of environmental impact and change of zone from PR-5 to PR-5 S.O. , precise plan/conditional use permit and development agreement to allow Ill unit senior citizen housing development on 7.2 acres located on the south side of Country Club Drive, 1600 feet west of Monterey Avenue. i Mr. Drell outlined the salient points of the staff report and indicated that the unit number was 113 instead of 111 . He stated that letters of approval had been received from Palm Desert Greens, Van Cadenhead of Ithe "-Senior 'Center,""and 'tlie Foundation for the Retarded. Staff recommended approval of the project. Commissioner Richards asked what other kinds of uses this property could be used for and Mr. Drell replied standard apartments or an instructional type facility. Chairman Crites opened the public hearing and asked the applicant to address the commission. MR. RONALD GUILLERY, 39-448 P. Springs Drive. , stated that all of the affordable housing would be on-site. He indicated that there were fewer amenities, but indicated there were other benefits, those being single story and open space. Commissioner Richards asked who the operator of the facility would be. Mr. Guillery replied that it would probably be himself. Chairman Crites asked if anyone wished to speak in FAVOR of or in OPPOSITION to the proposed. jMR. MICHAEL MANNIS, Sagewood homeowner, expressed concern regarding the traffic congestion from construction, felt construction was squeezing around them, recommended that the commission wait before approving additional project to see the impact from projects already approved, felt there was heavy traffic on narrow roads, and suggested that the commission reroute traffic onto Hovley Lane, especially during construction. ie 6 I �I I I I- �� ORDINANCE NO. 470 INANCE OF THE CITY COUNCIL OF THE CITY OF S EP 1 �77�A��t4UF9DnTETSERT, CALIFORNIA, APPROVING A CHANGE OF COMMUNITY DEVELOPI`C1`�fPp�T'mREN 7.2 ACRES ON THE SOUTH SIDE OF COUNTRY CITY oFPALICU0BITDRIVL, 1600 FEET EAST OF MONTEREY AVENUE. CASE NO: C/Z 86-3 WHEREAS, the City Council of the City of Palm Desert, California did on the 14th day of August, 1986 hold a duly noticed public hearing to consider a request by PALM DESERT VILLAS, INC. for approval of a negative declaration of environmental impact and a change of zone adding the senior overlay to the existing PR-5 designation for 7.2 acres on the south side of Country Club Drive, 1600 feet east of Monterey Avenue. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments of all interested .persons desiring to be heard said city council did find the following facts to exist to justify their actions. r 1 . The proposed senior overlay zone is consistent with the Palm Desert- General Plan Land Use and Housing Element. 2. The proposed use is compatible with adjacent uses. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Pa 1 m Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the city council in this case. 2. That C/Z 86-3 Exhibit A and negative declaration of environmental impact is hereby approved. 3. The City Clerk of the City of Palm Desert. California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. ORDINANCE NO. 470 PASSED, APPROVED and ADOPTED at a regular meeting of ;the Palm Desert City Council , held on this 28th day of August, 1986 by the fo Mowing vote, 'to wit: AYES: SNYDER, WILSON & KELLY NOES: NONE ABSENT: BENSON 8 JACKSON ABSTAIN: NONE r : RICHARD K LLY, ayor ATTEST: 7, , SHEILA R. L IGAN, ty Clerk City of Palm DesertV California /dig f i i I 2 RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. PP/CUP 86-22 Department of Community Development: 1 . This approval shall be contingent upon approval and execution of DA 86-5. 2. The development of the property shall conform substantially with exhibits on file with the department of community development, as modified by the following conditions. 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 contem- plated 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 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. Trash provisions shall be approved by applicable trash company and city prior to issuance of building permit. 7. The minimum age for project occupants shall be 62. 8. Project sponsor must post a maintenance bond, letter of credit or cash deposit for the life of the project equivalent to the annual maintenance budget for the perimeter landscaping of the project, plus reserves for repair and replacement. 9. Applicant shall pay $600/acre Fringe-toed lizard mitigation fee. 3 RESOLUTION NO. 10. Project shall pay school impact fees of $628/unit or as arranged by the Desert Sands Unified School District. 11 . Applicant shall develop the recreational amenities as approved by the director of community development within the open space area to include, but not be limited to, shuffleboard, horseshoes and par course for seniors. Department of Public Works: 1 . Drainage and sighalization fund fees, as required by city ordinance, shall be paid prior to grading permit issuance. 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. Storm drain construction shall be contingent upon a drainage study by the private engineer that is approved by the department of public works. 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 construction of any improvements is commenced. The engineer shall submit "as-built" plans prior to the acceptance of the improvements by the city. 6. All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee shall be paid prior to grading permit issuance. 7. Landscaping maintenance on Country Club Drive shall be provided by the property owner. 8. Existing utilities on Country Club Drive shall be undergrounded per each respective utility district's recommendation. 9. Traffic safety striping on Country Club Drive shall be provided to the specifications of the director of public works. A traffic control plan must be submitted to and approved by the director of public works before placing pavement markings. 10. 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. 4 RESOLUTION NO. 11. Dedication of eleven feet of right-of-way on Country Club Drive shall be done prior to issuance of any permits and approval of plans. 12. Installation of meandering sidewalk on Country Club Drive. 13. Offsite improvement plans to be approved by public works department and a surety posted to guarantee the required offsite improvements prior to grading permit issuance. 14. . Full improvement of interior streets based on private street standards as established in accordance with Chapter 26, Section 26.40.040 CPD Code. 15. Installation of one-half landscaped median in Country Club Drive or cash payment for one-half the cost of landscaped median at the option of the director of public works. 16. Size, number and location of driveways to public works specifications with only two driveway approaches to be allowed to serve this property. City Fire Marshal : 1 . Install a water system capable of delivering 4000 GPM fire flow from any fire hydrant for a 3 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. 2. 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. a. exterior surface of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. b. curbs shall be painted red 15 feet in either direction from each hydrant. C. 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: "1 certify that the design of the water system in PP 86-22 is in accordance with the requirements prescribed by the fire marshal ". 5 RESOLUTION NO. 5. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 6. All buildings over 5000 square feet require an approved fire sprinkler system. 7. A secondary emergency vehicle access is required. 8. A state fire marshal approved fire alarm system will be required In all buildings containing 15 or more apartments. 9. All building areas beyond 150' of vehicular access will require a fire department standpipe system. 10. Minimum drive width to be 20' between 281E units and A 8 B units. 11 . Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval . 6 ORDINANCE NO. A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE FOR 7.2 ACRES ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE, 1600 FEET EAST OF MONTEREY AVENUE. CASE NO: C/Z 86-3 WHEREAS, the City Council of the City of Palm Desert, California did on the 14th day of August, 1986 hold a duly noticed public hearing to consider a request by PALM DESERT VILLAS, INC. for approval of a negative declaration of environmental impact and a change of zone adding the senior overlay to the existing PR-5 designation for 7.2 acres on the south side of Country Club Drive, 1600 feet east of Monterey Avenue. WHEREAS. at said public hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard said city council did find the following facts to exist to justify their actions. I . The proposed senior overlay zone is consistent with the Palm Desert General Plan Land Use and Housing Element. 2. The proposed use is compatible with adjacent uses. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the city council in this case. 2. That C/Z 86-3 Exhibit A and negative declaration of environmental impact is hereby approved. 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. ORDINANCE NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this day of 1986 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICHARD KELLY, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California /dla 2 ORDINANCE NO. A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT SETTING TERMS AND CONDITIONS RELATING TO THE MANAGEMENT OF A 113 UNIT SENIOR HOUSING PROJECT. CASE NO: DA 86-5 WHEREAS, the City Council of the City of Palm Desert, California did on the 14th day of August, 1986 hold a duly noticed public hearing to consider a request by PALM DESERT VILLAS INC. for approval of a development agreement relatinq to management of a 113 unit senior citizen development including rental controls on 28 units. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard said city council did find the following facts to exist to approve said development agreement. 1 . The agreement implements requirements of the Senior Housing Overlay and policies of the General Plan Housing Element. 2. The agreement promotes public health, safety and general welfare by providing affordable high quality housing for senior citizens. NOW. THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That it does hereby approve DA 86-5 as provided in the attached exhibit, labeled Exhibit "A". PASSED. APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this day of , 1986 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICHARD KELLY. Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert. California PLANNING COMMISSION RESOLUTION NO. 1156 9. The terms of this agreement shall remain in force as long as the PROJECT remains in existence. IN WITNESS WHEREOF the parties have executed this AGREEMENT the year and date first above written. THE CITY OF PALM DESERT By By PALM DESERT VILLAS INC. By By (Notarized) ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California I /dig I 13 + I PLANNING COMMISSION RESOLUTION NO. 1156 Any responsible or interested party associated with the project may correct the default . If after 30 days of the receipt of notification, the specified remedial actions have not occurred, the planning commission shall recommend to the city council that the agreement be modified or terminated. Proceeding before the city council shall be a noticed public hearing. If at the time of the hearings substantial improvements have not yet occurred on the site, termination of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated then enforcement of provisions of this agreement shall be pursued through legal action per No. 5 of this AGREEMENT. 7. 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. 8. 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. 12 PLANNING COMMISSION RESOLUTION NO. 1156 or its assigned agent to determine compliance with all affordable housing provisions of this agreement. 4. The DEVELOPER shall not discriminate on the basis or race, creed, sex or national origin. 5. 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 i prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. i 6. This agreement shall be reviewed by the CITY planning commission every 6 months (or whenever substantial evidence exists to indicate i a possible breach of the terms of the agreement) at which time the developer or his/her 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 developer has not complied In good faith with the terms or conditions of this agreement, then the commission shall declare the developer or his/her successor in default and shall so notify to him/her as to the specific nature of the default, and describe remedies required to achieve compliance. 11 PLANNING COMMISSION RESOLUTION NO. 1156 ( 11 units) for MODERATE INCOME SENIOR HOUSEHOLDS. Monthly rents for these AFFORDABLE UNITS shall not exceed 30% of the maximum gross monthly income as shown for the respective units in Exhibit "2". The unit mix, initial rent and maximum income levels for the AFFORDABLE UNITS shall be as follows: Unit Type 4 of Units Max. Annual Income Monthly Rent 1 bdrm 600 sf 5 $16,700 $267 1 bdrm 650 sf 12 $17, 150 $429 2 Bedroom 11 $21 ,437 $536 The AFFORDABLE units shall be of a quality and design indistinguish- able from the market units, shall be evenly distributed throughout the project and shall be periodically rotated as vacancies permit. 2. All units in the PROJECT shall be offered as Conventional Senior Housing. The DEVELOPER may provide, at the tenants option, other services for an additional cost. This agreement in no way restricts or limits optional care services or charges. 3. The DEVELOPER or his assigned management agent shall be responsible for determining eligibility 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 senior households and audits (as is deemed necessary by the city at the DEVELOPERS expense) by the CITY 10 PLANNING COMMISSION RESOLUTION NO. 1156 D. LOWER INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen households whose gross income does not exceed 80% of the median income for one and two person households for Riverside County based upon financial and demographic data received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is included in Exhibit 112" and shall be up dated automatically as current data is obtained from HUD. If in the future, more relevant data is made available specifically applicable to senior citizens by (HUD) or other officially recognized agencies, such data shall become the basis of this agreement. E. MODERATE INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen households whose income does not exceed 100% of the median i income. Agreement 1 . DEVELOPER has been conditionally granted permission by the CITY to construct III rental units for senior citizen households on the PROPERTY by Precise Plan/Conditional Use Permit 86-22, Planning Commission Resolution No. As a condition of said approval DEVELOPER Is required, and hereby agrees to reserve and make affordable 5% (5 units) of the project for VERY LOW INCOME SENIOR HOUSEHOLDS, 10% ( I2 units) for LOWER INCOME SENIOR HOUSEHOLDS and 10% 9 PLANNING COMMISSION RESOLUTION NO. 1156 conditions of said approval and do hereby agree to the following terms and conditions. 4. As used herein, the following terms shall be defined as: A. SENIOR CITIZEN HOUSEHOLD - Maximum two person household of which one member is 62 years of age or older. B. CONVENTIONAL SENIOR HOUSING - Rental or ownership units designed and restricted to healthy ambulatory senior citizens who remain capable of performing most activities associated with independent daily life. Other than having smaller units and possessing design features and recreational amenities more compatible with a less active lifestyle conventional senior housing resembles standard housing. C. VERY LOW INCOME SENIOR CITIZEN HOUSEHOLDS - . Senior citizen households whose gross income does not exceed 50% of the median income for one and two person households for Riverside County based upon financial and demographic data received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is included in Exhibit "2" and shall be up dated automatically as current data is obtained from HUD. If in the future, more relevant data is made available specifically applicable to senior citizens by (HUD) or other officially recognized agencies, such data shall become the basis of this agreement. 8 PLANNING COMMISSION RESOLUTION MO. 1156 EXHIBIT "C" PALM DESERT VILLAS INC. AFFORDABLE SENIOR HOUSING DEVELOPMENT AGREEMENT This agreement, made as of this day of , 1986, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Palm Desert Villas Inc. (hereinafter "DEVELOPER") provides: Recitals i 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 approval of a precise plan/conditional use permit 86-22 (hereinafter "PROJECT") to construct 1P senior housing units on the PROPERTY. 2. As a condition of said approval , CITY has required that a specified number of units associated with the project be set aside for very low, lower and moderate income occupants subject to restrictions necessary to insure the continued occupancy of said units by very low, lower and moderate income senior citizen households. 3. DEVELOPER and CITY desire to further memorialize and Implement the 7 i CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: July 1 , 1986 CASE NOS: C/Z 86-3, PP/CUP 86-22, DA 86-5 REQUEST: Approval of a Negative Declaration of Environmental Impact and a change of zone from PR- 5 to PR-5 S .O. , precise plan/conditional use permit and development agreement to allow a 113 unit senior citizen housing development on 7.2 acres located on the south side of Country Club Drive 1600 feet east of Monterey Avenue. APPLICANT: PALM DESERT VILLAS INC. P.O. Box 1942 Palm Desert, CA 92261 1. BACKGROUND: A. ADJACENT ZONING AND LAND USE: NORTH: R-T/MOBILE HOME SUBDIVISION SOUTH: PR-5/VACANT EAST: AHDPR-22/MULTI FAMILY WEST: P/FOUNDATION FOR THE RETARDED B. GENERAL PLAN LAND USE DESIGNATION: The site's base designation is low density residential 3-5 du/ac. It is also in the general area designated as having potential suitability for high density affordable housing. C. ENVIRONMENTAL REVIEW: The initial study has identified three potential impacts: wildlife, traffic and schools. The site is within the mitigation area for the Coachella Valley Fringe-Toed Lizard and will be subject to the $600/acre fee. Traffic impacts are specifically analyzed as part of the precise plan discussion and were not deemed to be a significant impact. The project has been identified by the Desert Sands Unified School District as having a significant impact and will therefore be subject to the $628/unit mitigation fee. C/Z 86-3, PP/CUP 66-22 8 DA 86-5 1I. DISCUSSION: A. CHANGE OF ZONE: The site is a long, narrow parcel (248' x 1267' ) sandwiched between the San Tropez Villas apartments and the Foundation for the Retarded facility. Use of the site for senior housing appears consistent with the high density locational criteria contained in the housing element and is consistent with the goals and objectives of the Senior Overlay. 1 . The use is compatible with adjacent uses. 2. The site has good access to a major highway. 3. The site is within walking distance to commercial facilities and is within close proximity to medical facilities. Based upon these findings it would appear that given appropriate project design, the site is suitable for high density senior housing. B. PRECISE PLAN/CONDITIONAL USE PERMIT: The applicant is proposing 113 conventional senior housing apartments on 7.2 acres. Units would be arranged in two building types. A 66 unit, two story main building occupying the south third of the site and 47 one story attached bungalows occupying the northern two-thirds. PROJECT DATA Project Ordinance Requirements Site Area 7.2 acres Project Population 215 residents 288 maximum Intensity P/A 29.9 40 maximum No. of Units 113 Units Per Acre 15.6 Unit Mix 85, 2bd 848-1000 sq. ft. 28, Ibd 600-650 sq. ft. Building Height 1 story 16' maximum 2 story 22' maximum Building Coverage 26% 50% maximum Setback - Front 90, 32' Sides 36' 20' Rear 60' 50' Landscaped Open Space 39% 2 C/Z 86-3, PP/CUP 86-22 8 DA 86-5 Parking 47 garages 57 covered 83 carports 56 open 33 open 113 113 Recreational Amenities I pool l spa l community room The project's main site planning constraint, the narrow lot configuration, dictates a rather linear building arrangement. The bungalows are designed much like small attached condominiums each with an enclosed one car garage. The two story building is a more typical apartment configuration with carports. Architecture will be contemporary (tan stucco with flat concrete roof tile) . The low rise bungalows will create a generally low intensity appearance from Country Club Drive. The project meets all applicable development standards. Letters of support for the project have been received from the Palm Desert Green's Association, Van Cadenhead of the Senior Center and Ruth Ro`hodes of the Foundation for the Retarded. Traffic Based upon the Institute of Transportation Engineers Handbook, the Ill units will generate 373.3 ADT ( 113 units x 3.3) . This compares to 360 ADT for a 36 unit (5 units per acre) single family subdivision. Current traffic volumes on Country Club Drive are approximately 20,000 ADT with ultimate capacity at 48,000 ADT. Traffic generated by senior housing tends to have a lower impact on peak hour service levels in addition to being a lower overall generator. Trips are spread more evenly throughout the day instead of being concentrated during peak work commute hours. Trips generated from the site might be even lower than average due to the proximity ( 1200') of the Lucky's shopping center. All access to the site will be right turn in/right turn out. C. DEVELOPMENT AGREEMENT: The senior overlay requires that 25% of the project be affordable for very low (5%) , low ( l0%) , and moderate ( 10%) income senior households. The agreement will control 28 units at the following rates: Unit Type Maximum Rent Maximum Income very low 5% - 5 Ibd 600 sq. ft. $267 $10,700 3 C/Z 86-3, PP/CUP 86-22 8 DA 86-5 lower 10% - 12 Ibd 650 sq. ft. 429 17, 150 moderate 10% - 11 2bd 884 sq. ft. 536 21 ,437 In other respects, the agreement resembles those of past projects. III. FINDINGS: A. CHANGE OF ZONE: 1 . The proposed senior housing zoning is consistent with the General Plan Land Use high density suitability map and the locational criteria outlined in the housing element. B. PRECISE PLAN: 1 . The precise plan complies with the goals, objectives and specific standards of the Senior Overlay Zone and the Housing Element of the General Plan. 2. The proposed land use intensity, site plan and architecture are compatible with adjacent uses. 3. The project will not depreciate values, restrict the lawful use of adjacent properties, nor will it threaten public health, safety or general welfare. 4. The project will greatly expand housing opportunities for low and moderate income senior citizen households. IV. RECOMMENDATION: Approve findings and adopt Resolution No. recommending to city council approval of C/Z 86-3, PP/CUP 86-22 and DA 86-5, subject to conditions. V. ATTACHMENTS: 1 . Draft Resolution 2. Negative Declaration 3. Correspondence 4. Legal Notice 5. Exhibits Prepared by Reviewed and Approved by /dlg 4 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 1987 V1 . CONSENT CALENDAR A. Case Nos.`PP/CUP 86T22 � PALM DESERT VILLAS, INC. , Applicant Request for a one year time extension for precise plan and conditional use permit for a 113 unit senior citizen housing project on 7.2 acres located on the south side of Country Club Drive, 1600 feet east of Monterey Avenue. It was noted that this is the first time extension request. 4 Action: Moved by Commissioner Downs , seconded by Commissioner Whitlock, approving the consent calendar by minute motion. Carried 5-0. VII . PUBLIC HEARINGS A. Continued Case Nos. GPA 87-3, C/Z 87-7, TT 22690, and PP 87-26 - TEMPLE DEVELOPMENT COMPANY, Applicant Request for approval of a general plan amendment, change of zone from PR-3 S.P. to PR-3.5 S.P. , a tentative tract, precise plan of design and negative declaration of environmental impact to construct 1234 condominium units and a golf course on 404 gross acres at the northeast corner of Country Club Drive and Cook Street. Ms. Sass noted that this case was continued from July 28. She stated that staff had spoken to Mr. Temple and was requesting a continuance to September 1 . Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. There was no response. Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. There being no one, Chairman Erwood asked for a motion. Action: Y Moved by Commissioner Richards, seconded by Commissioner Downs, continuing this case to September I , 1987. Carried 5-0. 2 PLANNING COMMISSION RESOLUTION NO. 1156 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, CHANGE OF ZONE ADDING THE SENIOR OVERLAY, PRECISE PLAN/CONDITIONAL USE PERMIT, AND DEVELOPMENT AGREEMENT FOR A 113 UNIT SENIOR HOUSING PROJECT ON 7.2 ACRES LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE, 1600 FEET EAST OF MONTEREY AVENUE. CASE NO• C/Z 86-3 PP/CUP 86-22 S DA 86-5 WHEREAS, the Planning Commission of the City of Palm Desert, California did on the lst day of July 1986 hold a duly noticed public hearing to consider a request by PALM DESERT VILLAS INC. for approval of a Negative Declaration of Environmental Impact. change of zone adding the senior overlay and precise plan/conditional use permit and development agreement for a 113 unit senior housing project located on the south side of Country Club Drive. 1600 feet east of Monterey Avenue. 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 community develop- ment has determined that the project will not have a significant impact on the environment and a negative declaration has been prepared: WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments of all Interested persons desiring to be heard said planning commission did find the following facts to exist to justify their actions. CHANGE OF ZONE: 1 . The proposed senior housing zoning is consistent with the general plan land use high density suitability map and the locational criteria outlined in the housing element. PRECISE PLAN: 1. The precise plan complies with the goals, objectives and specific standards of the senior overlay zone and the housing element of the general plan, „ 2. The proposed land use intensity, site plan and architecture are compatible with adjacent uses. 3. The project will not depreciate values, restrict the lawful use of adjacent properties, nor will it threaten public health, safety or general welfare. j PLANNING COMMISSION RESOLUTION NO. 1156 4. The project will greatly expand housing opportunities for low and moderate income senior citizen households. DEVELOPMENT AGREEMENT: 1 . The development agreement sis consistent with and Implements goals and requirements of the Palm Desert General Plan Housing Element and Zoning Ordinance Senior Overlay concerning housing for very low/lower and moderate income senior citizen household. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That Case No's C/Z 86-3 Exhibit A, PP/CUP 86-22 Exhibit B, DA 86-5 Exhibit C and associated negative declaration of environmental i Impact are recommended for approval to city council subject to attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission , held on this 1st day of July, 1986 by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARDS, WOOD 8 CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE i8 CRITES, Chairman ATTEST: RAMON A. DIAZ, Secr /dig . i 2 i G v CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: August 18, 1987 CASE NO: PP/CUP 86-22 REQUEST: One year time extension for precise plan and conditional use permit for a 113 unit senior citizen housing project on 7.2 acres located on the south side of Country Club Drive, 1600 feet east of Monterey Avenue. APPLICANT: Palm Desert Villas, Inc. P.O. Box 1942 Palm Desert, CA 92261 I. BACKGROUND: Applicant is in the final stages of negotiation to obtain financing for the project (see attached letter) . This would be the first extension for the project. Project still complies with all applicable ordinances and policies. 11. RECOMMENDATION: Grant one year time extension. Prepared by Reviewed and Approved by 41, - /dlg ' rij/u 'y PALM DESERT VILLAS, INC . �iy�tr,/ P. 0. BOX 1942 0/1 P, PALM DESERT, CALIFORNIA 92261 PLANNING COMMISSION CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260 AUGUST 10, 1987 RE : Extention of time request - Precise Plan # 8622 Gentlemen: Please consider this letter a request for a one year extention of this Company's approval for development of a senior housing project . Since receiving this approval from the Planning Commission and the finalization of a Development Agreement with the City Council , this Company has been negotiating with potential joint-venture lenders for the development of the project . It now appears arrangements are being finalized which will provide financing to commence with the construction of the project . Should you have any questions I will be happy to discuss them with you at your next public hearing. Thanking you in advance for your cooperation I am, Sin e ely, ' onald M. Guillory President RMG :me PLANCOMM 1 PLANNING COMMISSION RESOLUTION NO. 1156 CONDITIONS OF APPROVAL CASE NO. PP/CUP 86-22 Department of Community Development: 1. This approval shall be contingent upon approval and execution of DA 66-5. 2. The development of the property shall conform substantially with exhibits on file with the department of community development, as modified by the following conditions. 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 contem- plated 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 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. Trash prov i s i oris shall be approved by applicable trash company and city ' prior to issuance of building permit. 7. The minimum age for project occupants shall be 62. B. Project sponsor must post a maintenance bond, letter of credit or cash deposit for the life of the project equivalent to the annual maintenance budget for the perimeter landscaping of the project, plus reserves for repair and replacement. 9. Applicant shall pay $600/acre Fringe-toed lizard mitigation fee. 3 PLANNING COMMISSION RESOLUTION NO. 1156 10. Project shall pay school impact fees of $628/unit or as arranged by the Desert Sands Unified School District. 11 . Applicant shall develop the recreational amenities as approved by the director of community development within the open space area to include, but not be limited to, shuffleboard, horseshoes and par course for seniors. Department of Public Works: 1 . Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to grading permit issuance. 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. Storm drain construction shall be contingent upon a drainage study by the private engineer that is approved by the department of public works. 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 construction of any improvements is commenced. The engineer shall submit "as-built" plans prior to the acceptance of the Improvements by the city. 6. All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee shall be paid prior to grading permit issuance. 7. Landscaping maintenance on Country Club Drive shall be provided by the property owner. 8. Existing utilities on Country Club Drive shall be undergrounded per each respective utility district's recommendation. I 9. Traffic safety striping on Country Club Drive shall be provided to the specifications of. the director of public works. A traffic control plan must be submitted to and approved by the director of public works before placing pavement markings. 10. 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. I 4 1 PLANNING COMMISSION RESOLUTION NO. 1156 11 . Dedication of eleven feet of right-of-way on Country Club Drive shall be done prior to issuance of any permits and approval of plans. 12. Installation of meandering sidewalk on Country Club Drive. 13. Offsite improvement plans to be approved by public works department and a surety posted to guarantee the required offsite improvements prior to grading permit issuance. 14. Full improvement of interior streets based on private street standards as established in accordance with Chapter 26, Section 26.40.040 CPO Code. 15. , Installation of one-half landscaped median in Country Club Drive or cash payment for one-half the cost of landscaped median at the option of the director of public works. 16. Size, number and location of driveways to public works specifications with only two driveway approaches to be allowed to serve this property. City Fire Marshal : . 1 . Install a water system capable of delivering 4000 GPM fire flow from any fire hydrant for a 3 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. 2. 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. a. exterior surface of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. b. curbs shall be painted red 15 feet in either direction from each hydrant. C. 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 86-22 is in accordance with the requirements prescribed by the fire marshal". 5 I PLANNING COMMISSION RESOLUTION N0. 1156 5. Prior to delivery of combustible materials to the building site required the q ed water e system shall be installed, operating and delivering the required flow. 6. All buildings over 5000 square feet require an approved fire sprinkler system. 7. A secondary emergency vehicle access is required. 8. A state fire marshal approved fire alarm system will be required in all buildings containing 15 or more apartments. 9. All building areas beyond 150' of vehicular access will require a fire department standpipe system. 10. Minimum drive width to be 20' between 2BIB units and A 8 B units. 11 . Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval . i 6 l ORDINANCE NO. 471 A ORDINANCE OF THE C I TY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT �tij :E N NT SETTING TERMS AND CONDITIONS RELATING "T � MANAGEMENT OF A 113 UNIT SENIOR HOUSING PROJECT. z I 19VASE NO: DA 86-5 �O�MUM�(:gy UFO PALM OL AHiMENT SEI I WHEREAS, the City Council of the City of Palm Desert, California did on the I4th day of August, 1986 hold a duly noticed public hearing to consider a request by PALM DESERT VILLAS INC. for approval of a development agreement relating to management of a 113 unit senior citizen development including rental controls on 28 units. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard said city council did find the following facts to exist to approve said development agreement. 1 . The agreement implements requirements of the Senior Housing Overlay and policies of the General Plan Housing Element. 2. The agreement promotes public health, safety and general welfare by providing affordable high quality housing for senior citizens. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That it does hereby approve DA 86-5 as provided in the attached exhibit, labeled Exhibit "A". 1. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council held on ,this 28th day of August, 1986 by the following vote, to wit: AYES: SNYDER, WILSON 8 KELLY NOES: NONE ABSENT: BENSON 8 JACKSON ABSTAIN: NONE c RIMIARD S. KELL ayor ATTEST: SHEILA R. G1 ZIGAN, Cit Clerk City of Palm Desert Cb4ifornia RESOLUTION NO. 86-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A PROPOSED ZONING AND A .PRECISE PLAN/CONDITIONAL USE PERMIT FOR A 113 UNIT SENIOR HOUSING PROJECT LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE, 1600 FEET EAST OF MONTEREY AVENUE. CASE NO Envlrorwnental Assessment for C/Z 86-3 PP/CUP 86-22 WHEREAS, the City Council of the City of Palm Desert, California did on the 14th day of August, 1986 hold a duly noticed public hearing to consider a Negative Declaration of Environmental Impact for senior overlay zoning and precise plan/conditional use permit for a 113 unit senior housing project. WHEREAS, the planning commission has determined that the proposed zoning and precise plan/conditional use permit will not have a significant adverse impact on the environment and has recommended. that a Negative Declaration of Environmental Impact be approved. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard said city council did find that the use of the property as senior citizen housing and the design of the precise plan with required mitigation measures will not result in significant adverse impacts on the environment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, 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 a Negative Declaration of Environmental Impact for Cases C/Z 86-3 and PP/CUP 86-22. RESOLUTION NO. 86-94 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this 14th day of August, 1986, by the following vote, to wit: i AYES: SNYDER, WILSON, AND KELLY NOES: BENSON ABSENT: JACKSON ABSTAIN: NONE 1 RICH RD KELLY, ayor ATTEST: SHEILA R. GTIZIGAN, Cit Clerk City of Palm Desert, ifornia /dig 2 RESOLUTION NO. 86-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN/CONDITIONAL USE PERMIT FOR A 113 UNIT SENIOR HOUSING PROJECT ON 7.2 ACRES LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE, 1600 FEET EAST OF MONTEREY AVENUE. CASE NO: PP/CUP 86-22 WHEREAS. the City Council of the City of Palm Desert, California did on the 14th day of August, 1986 hold a duly noticed public hearing to consider approval of a precise plan/conditional use permit for a 113 unit senior housing project located on the south side of Country Club Drive. 1600 feet east of Monterey Avenue. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard said city council did find the following facts to exist to justify their actions. 1 . The plan complies with the goals, objectives and specific standards of the senior overlay zone and the housing element of the general plan. 2. The proposed land use intensity, site plan and architecture are compatible with adjacent uses. 3. The project will not depreciate values, restrict the lawful use of adjacent properties, nor will it threaten public health, safety or general welfare. 4. The project will greatly expand housing opportunities for low and moderate income senior citizen households. NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the city council in this case. 2. That PP/CUP is hereby approved subject to attached conditions. <i 1 RESOLUTION NO. 86-95 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this 14th day of August, 1986 by the following vote, to wit: AYES: BENSON, SNYDER, WILSON, AND KELLY NOES: NONE ABSENT: JACKSON ABSTAIN: NONE RICHARD KELLY, Mayor ATTEST: SHE ILA R. GILL N, City Cie City of Palm Desert, Calif la /dig 2 RESOLUTION NO. 86-95 CONDITIONS OF APPROVAL CASE NO. PP/CUP 86-22 Department of Community Development: I . This approval shall be contingent upon approval and execution of DA 86-5. 2. The development of the property shall conform substantially with exhibits on file with the department of community development, as modified by the following conditions. 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 contem- plated 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 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. Trash provisions shall be approved by applicable trash company and city prior to issuance of building permit. 7. The minimum age for project occupants shall be 62. 8. Project sponsor must post a maintenance bond, letter of credit or cash deposit for the life of the project equivalent to the annual maintenance budget for the perimeter landscaping of the project, plus reserves for repair and replacement. 9. Applicant shall pay $600/acre Fringe-toed lizard mitigation fee. i 3 I RESOLUTION NO. 86-95 10. ProJect shall pay school impact fees of $628/unit or as arranged by the Desert Sands Unified School District. 11 . Applicant shall develop the recreational amenities as approved by the director of community development within the open space area to include, but not be limited to, shuffleboard, horseshoes and par course for 1 seniors. Department of Public Works: 1 . Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to grading permit issuance. I 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. Storm drain construction shall be contingent upon a drainage study by the private engineer that is approved by the department of public works. 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 construction of any improvements is commenced. The engineer shall submit "as-built" plans prior to the acceptance of the improvements by the city. 6. All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee shall be paid prior to grading permit issuance. 7. Landscaping maintenance on Country Club Drive shall be provided by the property owner. 8. Existing utilities on Country Club Drive shall be undergrounded per each respective utility district's recommendation. 9. Traffic safety striping on Country Club Drive shall be provided to the specifications of the director of public works. A traffic control plan must be submitted to and approved by the director of public works before placing pavement markings. 10. 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. 4 a RESOLUTION NO. 86-95 1 11 . Dedication of eleven feet of right-of-way on Country Club Drive shall be done prior to issuance of any permits and approval of plans. 12. Installation of meandering sidewalk on Country Club Drive. 13. Offsite improvement plans to be approved by public works department and a surety posted to guarantee the required offsite improvements prior to grading permit issuance. 14. Full improvement of interior streets based on private street standards as established in accordance with Chapter 26, Section 26.40.040 CPD Code. i 15. Installation of one-half landscaped median in Country Club Drive or cash payment for one-half the cost of landscaped median at the option of the director of public works. 16. Size, number and location of driveways to public works specifications with only two driveway approaches to be allowed to serve this property. . City Fire Marshal : 1 . Install a water system capable of delivering 4000 GPM fire flow from any fire hydrant for a 3 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. 2. 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. a. exterior surface of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. b. curbs shall be painted red 15 feet in either direction from each hydrant. C. 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 86-22 is in accordance with the requirements prescribed by the' fire marshal ". 5 RESOLUTION NO. 86-95 5. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 6. All buildings over 5000 square feet require an approved fire sprinkler system. 7. A secondary emergency vehicle access is required. B. A state fire marshal approved fire alarm system will be required in all buildings containing 15 or more apartments. 9. All building areas beyond 150' of vehicular access. will require a fire department standpipe system. 10. Minimum drive width to be 20' between 281E units and A 8 B units. 11 . Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval . or 6 f - I `\e 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 July 28. 1986 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO: 307 MF APPLICANT (AND ADDRESS): PALM DESERT VILLAS INC. , P.O. Box 1942, Palm Desert, CA 92261 . NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval for a 113 unit senior housing apartment project. LOCATION: South side of Country Club 1600 feet east of Monterey. ZONE: Propose PR-5 Senior Housing Overlay ------------------------------------------------------------------------------ Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission granted conceptual approval . Date of Action: July 22, 1986 Vote: Carried 5-0 (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. 1 MINUTES ARCHITECTURAL COMMISSION JULY 22, 1986 2. A 42" wa 1 1 to be provided around north parking lot to provide screening. 3. Mechanical equipment to be relocated. Carried 5-0 IV. DISCUSSION ITEMS: 1. CASE NO: 307 MF APPLICANT (AND ADDRESS): PALM DESERT VILLAS INC. , P.O. Box 1942, Palm Desert, CA 92261 . NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval for a 113 unit senior housing apartment project. LOCATION: South side of Country Club 1600 feet east of Monterey. ZONE: Propose PR-5 Senior Housing Overlay Applicant submitted revised plans and indicated that changes had been made to the site plan showing shading and solar protection. Commission was concerned that there were too many cross streets and suggested that the street be jogged and the one cross street be deleted. Commissioner Martin stated that he liked the idea of an institution at the front of the lot. Mr. Drell indicated that planning commission was requiring an active recreation area. It was moved by Commissioner Martin, seconded by Commissioner Drury to grant conceptual approval . Carried 5-0 2. CASE NO• 309 MF APPLICANT (AND ADDRESS) : MANOR CARE, 1940 Old Tustin Avenue, Santa Ana, CA 92701 . NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of senior complex. 6 MINUTES ARCHITECTURAL COMMISSION JULY 8, 1966 Commissioner Martin questioned the location of poles that were to be placed in the area of the building and the sign program. Mr. Leung indicated that the poles did not apply to this project and that a sign program would be submitted at a later date. He noted that he did need a final landscape plan. Mr. Diaz indicated that planning commission will require shade trees in the parking area. It was moved by Commissioner Martin, seconded by Commissioner Holden to approve this case subject to the following conditions. 1. Final landscape plan to be approved by this commission. 2. Sign program for the building to be reviewed and approved by this commission. Carried 4-0 4. CASE NO: 265 C APPLICANT (AND ADDRESS): BILL ALEXANDER, 483 E. Via Escuela, Palm Springs, CA 92262. NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of plans for 48,000 square foot two story office warehouse. LOCATION: West side of Corporate Way. ZONE: S. I . It was moved by Commissioner Holden, seconded by Commissioner McCrea to continue this case upon the request of the applicant. Carried 4-0 B. Preliminary Plans: 1. CASE NO: 307 MF APPLICANT (AND ADDRESS): PALM DESERT VILLAS INC. , P.O. Box 1942, Palm Desert, CA 92261 . NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval for a 113 unit senior housing apartment project. 4 MINUTES ARCHITECTURAL COMMISSION JULY 8, 1986 LOCATION: South side of Country Club 1600 feet east of Monterey. ZONE: Propose PR-5 Senior Housing Overlay Mr. Drell indicated that the project is to be 15 units per acre on a 7- 1/2 acre site. He noted that the plans submitted were very preliminary and asked for comments. Chairman Gregory felt that the straight alley way, the roof line and the layout of the site plan were not very appealing. Commissioner Martin thought that there should be additional landscaping around the perimeter of the site. Commissioner Holden was concerned with the lack of solar protection on all elevations and indicated that it should be required. He felt that the project could be further developed showing some variation in the site plan. Chairman Gregory felt that the northern elevation roof line should be further studied. It was moved by Commissioner Martin, seconded by Commissioner McCrea to continue this case with the above discussion to be addressed at next submittal . Carried 4-0 2. CASE NO: 314 C APPLICANT (AND ADDRESS) : FRANZ TIRRE, 74-133 El Paseo, Suite K, Palm Desert, CA 92260. NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of a 12,600 square foot office warehouse. LOCATION: North side of Lennon, 330 feet west of Eclectic. ZONE: 5. 1 . Mr. Joy explained that staff was requiring a joint access easement between this project and the adjacent Bermuda Partners project to eliminate dead-end parking. Commissioner Martin questioned the need for the joint access. Mr. Joy explained that the fire marshal requires a 40' radius turn around on a parking lot over 150 feet deep. Mr. Tirre stated that he did not want the joint access and felt it would present a liability problem and provided no benefits to his project. He indicated that there was adequate space for a fire 5 AGENDA ITEM NO: III-8-2 DATE: JULY 8, 1986 ARCHITECTURAL COMMISSION CASE NO: 307 MF APPLICANT (AND ADDRESS): PALM DESERT VILLAS INC. , P.O. Box 1942, Palm Desert, CA 92261 . MATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval for 113 unit senior housing apartment project. LOCATION: South side Country Club 1600 feet east of Monterey Avenue. ZONE: Propose PR-5 Senior Housing Overlay DISCUSSION: Proposal Involves change of zone to Senior Overlay as well as a precise plan. Planning commission has recommended approval to city council . For details see attached planning commission staff report. PD/dlg December 9, 1986 Mr. Richard Erwood, Chairman Planning Commission City of Palm Desert - 73-510 Fred Waring Drive Palm Desert, CA 92260 s RE: Determination of a medical office building in a P-R zone under classification of community facility and/or related institutional facility (health organization) . Assessor's Parcel 4 622-020-002 Dear Mr. Erwood: We wish to pursue a parcel split and an amendment to precise plan 486-22- on the front 55,000 square feet to accommodate a 20,000 square foot medical office building. The site we would like to pursue is a portion of parcel #622-020-002 which is located on Country Club Drive, between the Foundation For The Retarded Of The Desert and the San Tropez Apartments. With the growth of north Palm Desert, this site will be centrally located for all residents . with good access via Monterey Avenue or Portola Avenue. If we receive a favorable determination regarding the use of a medical office building in a P-R zone, we will file an amended precise plan application and pay the necessary fees to start processing the amendment. Thank you for your time and consideration. Very truly yours,.y Mary K. Stoltzman David H. Stoltzman, M.D. 76-180 Osage Trail - Indian Wells; CA 92210 340-4331 Enc. t, POR NI/2 SEC. 8 POR. CITY PALM L C620 CITY '20e73 JG� FdjP-�" 0 Y w � a O O 43 29 Ac 725Ac 4,80= 958A-t .59Ac� ? Y SRC 610 II 23/.34 i 11I I P J P 9O /O ! // o /2 J %) ' 2 96Ac 475 Ac 475Ac I 4 75 Ac ° 475Ac 4 75AIc 4 75Ac 4 75Ac331 '•, O� 2 t - Q� J3, aL J3, 39' Ql:I 331 a2 I p' •3 1 4 75 Ac -1 29.7Ct.o v , -1 75 Ac 4'S Ac 4 63 Ac 7.5 Ac \ �,�. YAc 475a� 9 OBE 37",!F OATA, RS 37/84 O6 M B l/2141 M B/C4/20 RS3413B a PROOF OF PM 'ATION This space is fort) ounty Clerk's Filing Stamp (2015.5C.C.P.) r'.i EIVE"3 '86 JUN 25 Hn 1113 CITY WLcr KS OFFIvi STATE OF CALIFORNIA, County of Riverside CITY OF PALM DESERT am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to Proof of Publication of or interested in the above-entitled matter. 1 CASE MO !PP/CUP 86e2-2 - C/z 86-3 am the principal clerk of the printer of the ^" ""•"""" & DA 86-5 DESERTPOST............................ ... — .........L..............:..... CITY OF PALM DESERT . ............. LEGAL NOTICE a newspaper of general circulation, printed CASE NO.PPICUP MF22,CIZ MN E CA S" NOTICE IS HEREBY GIVEN lost a pul hearing will be held before the Palm Deserl Planning Commasion to conslder a request by PALM DESERT VILLAS,INC., B i-weekly for approval of a negative declaration of environmental impact,a change of boos and published .................................. ham PR.5 to PR-5 Senior Housing OYerlay and precise PleNcaMlnatal use prime and development agreement to allow a 100 unit senior citizen housing devebpmmn in the City Of ...Pain.Desar.t............. on 75 acres located pin lire south aloe of Country Club Drive 1600 feet east Of Mohler"Avenue,more particularly described as: County of Riverside, and which news- APN 622-020M SAID Public hearing will be held Tuesday.July 1.1985.at 7:00 p.m.In Our Courreil paper has been adjudged a newspaper Chamber at the Palm Desert City Hall,7&510 Fred Waring Drive,Palm Desert, of general circulation by the Superior California,at winch time and place all Interested persons are invited to attend and be heard.If you challenge the proposed actions in court,You maY be limited to rail Court of the County of Riverside, State of Ind onty those issues you or someone else raised at the public hearing described In this notice,or In written correspondence delivered to the city council(or planning commission)at.or prior to the public hearing. RAMON A.DIAZ,Secretary California,under the date of 10/5 19 64 , mi Palm Desert Planning Commission (Pub D.P.June 20.1PB6) Case Number . S 3658......;that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not In any supplement thereof on the following dates, to-wit: .......... /2...................................... all in the year 19.86.. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at...P .................. California,this..?Oth.,dayof. June. ty86.. ign ure rL Free LYPIea of this blank Prin maY be itCurIeC Inml CALIFORNIA UREASPAPERSERVICE Legal Advertising Clearing House 120 Will Second St., Los Angeles.Calif. 90012 Telephone: (213) 625.2641 llaaw freewill GENE RAL Prad Of PNhlltatifeas When arearino this lean. PLANNING COMMISSION RESOLUTION NO. 1156 EXHIBIT "C" PALM DESERT VILLAS INC. AFFORDABLE SENIOR HOUSING DEVELOPMENT AGREEMENT This agreement, made as of this day of 1986, between the City of Palm Desert. a California municipal corporation (hereinafter "CITY") and Palm Desert Villas Inc. (hereinafter "DEVELOPER") provides: Recitals 1. DEVELOPER Is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1, attached hereto and made a part hereof (hereinafter "PROPERTY") . DEVELOPER has applied for and been granted approval of a precise plan/conditional use permit 86-22 (hereinafter "PROJECT") to construct III senior housing units on the PROPERTY. 2. As a condition of said approval , CITY has required that a specified number of units associated with the project be set aside for very low, lower and moderate income occupants subject to restrictions necessary to insure the continued occupancy of said units by very low, lower and moderate income senior citizen households. 3. DEVELOPER and CITY desire to further memorialize and implement the 7 PLANNING COMMISSION RESCLUTICN No. 1156 conditions of said approval and do hereby agree to the following terms and conditions. 4. As used herein, the following terms shall be defined as: A. SENIOR CITIZEN HOUSEHOLD - Maximum two person household of which one member is 62 years of age or older. B. CONVENTIONAL SENIOR HOUSING - Rental or ownership units designed and restricted to healthy ambulatory senior citizens who remain capable of performing most activities associated with Independent daily life. Other than having smaller units and possessing design features and recreational amenities more compatible with a less active. lifestyle conventional senior housing resembles standard housing. C. VERY LOW INCOME SENIOR CITIZEN HOUSEHOLDS - Senior citizen households whose gross income does not exceed 50% of the median Income for one and two person households for Riverside County based upon financial and demographic data received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is included in Exhibit "2" and shall be up dated automatically as current data is obtained from HUD. If in the future, more relevant data is made available specifically applicable to senior citizens by (HUD) or other officially recognized agencies, such data shall become the basis of this agreement. 8 PLANNING COMMISSICN RESOLUTION NO. 1156 D. LOWER INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen households whose gross income does not exceed 80% of the median income for one and two person households for Riverside Count y Y based upon financial and demographic data received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is included in Exhibit "2" and shall be up dated automatically as current data is obtained from'HUD. If in the future, more relevant data is made available specifically applicable to senior citizens by (HUD) or other officially recognized agencies, such data shall become the basis of this agreement. E. MODERATE INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen households whose income does not exceed 1001: of the median Income. i i Agreement 1 . DEVELOPER has been conditionally granted permission by the CITY to construct III rental units for senior citizen households on the PROPERTY by Precise Plan/Conditional Use Permit 86-22, Planning Commission Resolution No. As a condition of said approval DEVELOPER is required, and hereby agrees to reserve and make affordable 5% (5 units) of the project for VERY LOW INCOME SENIOR HOUSEHOLDS, 10% (12 units) for LOWER INCOME SENIOR HOUSEHOLDS and 10% 9 i PLANNING COMMISSION RESOLUTION NO. 1156 ( 11 units) for MODERATE INCOME SENIOR HOUSEHOLDS. Monthly rents for these AFFORDABLE UNITS shall not exceed 30% of the maximum gross monthly income as shown for the respective units in Exhibit "2". The unit mix, initial rent and maximum income levels for the AFFORDABLE UNITS shall be as follows: Unit Tvoe 9 of Units Max. Annual Income Monthiv Rent I bdrm 600 sf 5 $16,700 $267 1 bdrm 650 sf 12 $17, 150 $429 2 Bedroom 11 $21 ,437 $536 The AFFORDABLE units shall be of a quality and design indistinguish- able from the market units, shall be evenly distributed throughout the project and shall be periodically rotated as vacancies permit. 2. All units in the PROJECT shall be offered as Conventional Senior Housing. The DEVELOPER may provide, at the tenants option, other services for an additional cost. This agreement in no way restricts or limits optional care services or charges. 3. The DEVELOPER or his assigned management agent shall be responsible for determining eligibility 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 senior households and audits (as is deemed necessary by the city at the DEVELOPERS expense) by the CITY 10 PLANNING COMMISSION RESOLUTION NO. 1156 or its assigned agent to determine compliance with ail affordable housing provisions of this agreement. 4. The DEVELOPER shall not discriminate on the basis or race, creed, sex or national origin. 5. 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. i 6. This agreement shall be reviewed by the CITY planning commission every 6 months (or whenever substantial evidence exists to indicate a possible breach of the terms of the agreement) at which time the developer or his/her 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 developer has not complied in good faith with the terms or conditions of this agreement, then the commission shall declare the developer or his/her successor in default and shall so notify to him/her as to the specific nature of the default, and describe remedies required to achieve compliance. 11 PLANNING COMMISSION RESOLUTION NO. 1156 Any responsible or interested party associated with the project may correct the default. If after 30 days of the receipt of notification, the specified remedial actions have not occurred, the planning commission shall recommend to the city council that the agreement be modified or terminated. Proceeding before the city council shall be a noticed public hearing. If at the time of the hearings substantial improvements have not yet occurred on the site, termination of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith. If substantial Improvements are already in place and modifications acceptable to the CITY cannot be negotiated then enforcement of provisions of this agreement shall be pursued through legal action per No. 5 of this AGREEMENT. 7. 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. B. 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. IZ i PLANNING COMMISSION RESCLUTICN NO. 1156 9. The terms of this agreement shall remain in force as long as the PROJECT remains in existence. IN WITNESS WHEREOF the parties have executed this AGREEMENT the year and date first above written. THE CITY OF PALM DESERT By By PALM DESERT VILLAS INC. By li By i (Notarized) ATTEST: i i I SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California /dig 13 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: July 1 , 1986 CASE NOS: C/Z 86-3, PP/CUP 86-22, DA 86-5 REQUEST: Approval of a Negative Declaration of Environmental Impact and a change of zone from PR- 5 to PR-5 S .O . , precise Plan/conditional use permit and development agreement to allow a 113 unit senior citizen housing development on 7.2 acres located on the south side of Country Club Drive 1600 feet east of Monterey Avenue. APPLICANT: PALM DESERT VILLAS INC. P.O. Box 1942 Palm Desert, CA 92261 I. BACKGROUND: A. ADJACENT ZONING AND LAND USE: NORTH: R-T/MOBILE HOME SUBDIVISION SOUTH: PR-5/VACANT EAST: AHOPR-22/MULTI FAMILY WEST: P/FOUNDATION FOR THE RETARDED B. GENERAL PLAN LAND USE DESIGNATION: The site's base designation is low density residential 3-5 du/ac. It is also in the general area designated as having potential suitability for high density affordable housing. C. ENVIRONMENTAL REVIEW: The initial study has identified three potential impacts: wildlife, traffic and schools. The site is within the mitigation area for the Coachella Valley Fringe-Toed Lizard and will be subject to the $600/acre fee. Traffic impacts are specifically analyzed as part of the precise plan discussion and were not deemed to be a significant impact. The project has been identified by the Desert Sands Unified School District as having a significant impact and will therefore be subject to the $628/unit mitigation fee. C/Z 86-3. PP/CUP 86-22 8 DA 86-5 li . DISCUSSION: A. CHANGE OF ZONE: The site is a long, narrow parcel (248' x 1267' ) sandwiched between the San Tropez Villas apartments and the Foundation for the Retarded facility. Use of the site for senior housing appears consistent with the high density locational criteria contained in the housing element and is consistent with the goals and objectives of the Senior Overlay. 1 . The use is compatible with adjacent uses. 2. The site has good access to a major highway. 3. The site is within walking distance to commercial facilities and is within close proximity to medical facilities. Based upon these findings it would appear that given appropriate project design, the site is suitable for high density senior housing. B. PRECISE PLAN/CONDITIONAL USE PERMIT: The applicant is proposing 113 conventional senior housing apartments on 7.2 acres. Units would be arranged in two building types. A 66 unit, two story main building occupying the south third of the site and 47 one story attached bungalows occupying the northern two-thirds. PROJECT DATA Project Ordinance Requirements Site Area 7.2 acres Project Population 215 residents 288 maximum Intensity P/A 29.9 40 maximum No. of Units 113 Units Per Acre 15.6 Unit Mix 85, 2bd 848-1000 sq. ft. 28, lbd 600-650 sq. ft. Building Height 1 story 16' maximum 2 story 22' maximum Building Coverage 26% 50% maximum Setback - Front 90, 32' Sides 36' 20' Rear 60' 50, Landscaped Open Space 39% 2 C/Z 86-3. PP/CUP 86-22 8 DA 86-5 Parking 47 garages 57 covered 83 carports 56 open 33 open 113 113 Recreational Amenities I pool 1 spa I community room The project' s main ,site planning constraint, the narrow lot configuration, dictates a rather linear building arrangement. The bungalows are designed much like small attached condominiums each with an enclosed one car garage. The two story building is a more typical apartment configuration with carports. Architecture will be contemporary (tan stucco with flat concrete roof tile) . The low rise bungalows will create a generally low intensity appearance from Country Club Drive. The project meets all applicable development standards. Letters of support for the project have been received from the Palm Desert Green's Association, Van Cadenhead of the Senior Center and Ruth Ro`hodes of the Foundation for the Retarded. Traffic Based upon the Institute of Transportation Engineers Handbook, the 111 units will generate 373.3 ADT ( 113 units x 3.3) . This compares to 360 ADT for a 36 unit (5 units per acre) single family subdivision. Current traffic volumes on Country Club Drive are approximately 20,000 ADT with ultimate capacity at 48,000 ADT. Traffic generated by senior housing tends to have a lower impact on peak hour service levels in addition to being a lower overall generator. Trips are spread more evenly throughout the day instead of being concentrated during peak work commute hours. Trips generated from the site might be even lower than average due to the proximity ( 1200') of the Lucky's shopping center. All access to the site will be right turn in/right turnout. C. DEVELOPMENT AGREEMENT: The senior overlay requires that 25% of the project be affordable for very low (5%) , low ( 10%) , and moderate ( 10%) income senior households. The agreement will control 28 units at the following rates: Unit Type Maximum Rent Maximum Income very low 5% - 5 lbd 600 sq. ft. $267 $10,700 3 C/Z 86-3, PP/CUP 86-22 E DA 86-5 lower 10% - 12 Ibd 650 sq. ft. 429 17, 150 moderate 10% - 11 2bd 884 sq. ft. 536 21 ,437 In other respects, the agreement resembles those of past projects. Ill. FINDINGS: A. CHANGE OF ZONE: I . The proposed senior housing zoning is consistent with the General Plan Land Use high density suitability map and the locational criteria outlined in the housing element. B. PRECISE PLAN: 1 . The precise plan complies with the goals, objectives and specific standards of the Senior Overlay Zone and the Housing Element of the General Plan. 2. The proposed land use intensity, site plan and architecture are compatible with adjacent uses. 3. The project will not depreciate values, restrict the lawful use of adjacent properties, nor will it threaten public health, safety or general welfare. 4. The project will greatly expand housing opportunities for low and moderate income senior citizen households. IV. RECOMMENDATION: Approve findings and adopt Resolution No. recommending to city council approval of C/Z 86-3, PP/CUP 86-22 and DA 86-5, subject to conditions. V. ATTACHMENTS: 1 . Draft Resolution 2. Negative Declaration 3. Correspondence 4. Legal Notice 5. Exhibits �(\ Prepared by y Reviewed and Approved by /dig 4 CASE C. - L-IZ 3-6 - 5 I'VVIRONMENTAL SERVICES DEPT. INITIAL STUDV ENVIRONMENTAL EVALUATIOII CHECKLIST NOTE: The availability of data necessary to address the topics listed belo,,, 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 Maw No 1 . Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? _ — -- b. Disruptions , displacements , compaction, or overcovering of the soil ? — --- — — c. Change in topography or ground surface relief Features? d. The destruction, covering ,, or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils , either on or off the site? _ 2. Air. Will the proposal result in: a. Air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? _ c. Alteration of air movement, moisture , or temperature, or, any change in climate , / either locally or regionally? (/ it 2 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? _ 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? ' C./ 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 )? L 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 / habitat? `/ 3. Yes Maybe tjo 6. Natural Resources . Will the proposal result in : ' a. Increase in the rate of use of any natural resources? b. Depletion of any non-renewable natural resource? 7. Energy, Will the proposal result in: a. Use of substantial amounts of fuel or energy? f b. Demand upon existing sources of. energy, or re- quire the development of new sources of energy? S. Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including, but not limited to, pesticides , oil , chemicals , or radiation) in the event of an accident or upset conditions? 9. Economic Loss . Will the proposal result in: a. A change in the value of property and improvements endangered by flooding? b. A change in the value of property and A improvements exposed to geologic hazards beyond accepted community risk standards? _ ,Z 10. Noise. Will the proposal increase existing ` noise levels to the point at which accepted community noise and vibration levels are exceeded? ✓ 11 . Land Use. Will the proposal result in the a tT eration 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. Po ulation. Will the proposal result in: a. Alteration of the location, distribution, density,, or growth rate of the human / Population of the City? v b. Change in the population distribution by age, income, religion, racial , or ethnic group, occupational class , household type? c/ 5. Yes M�be 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? 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? vi 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? c. Lessening of the over-all neighborhood (or area ) attractiveness , pleasantness , and uniqueness? 23. Li ht and Glare. Will the proposal produce new ight or glare? 24. Arch�eoio2iical/Historical . Will the proposal ^ result in an a teration of a significant archeological or historical site, structure, object, or building' 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? 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 result in: / a . Generation of additional vehicular movement? L- 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 goads? 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? 0 Yes MLbe No 25. Mandatory Findinqs 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 c� 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: �_.��✓�'-v �'��` Palm DESErt GrEEns Association 73-750 Country Club Drive Palm Desert, California 92260.2398 (619) 346-8005 May 29, 1986 Mr. Ron Guillory P.O. Box 1942 Palm Desert, CA 92261 Dear Mr. Guillory: On behalf of our Board of Directors, I would like to thank you for attending our May 19 meeting. Palm Desert Greens Association has no objection to your project and we feel it will enhance our neighborhood. We look forward to having the residents of Palm Desert Villa Apartments as our neighbors. Once again, thank you for taking the time to explain your project to our Board and residents. Sincerely Ethan A. Smith General Manager EAS :cyw Joslyn Cove Communities Senior Center March 5 , 1986 Mr. Ron Guillary Palm Desert Villas Palm Desert, CA. Dear Mr. Guillary: It is with great pleasure that I confirm our meeting with you in writing concerning the urgent need for affordable senior housing in the Palm Desert area. As we discussed, there are several types of senior housing that are needed. Most defin- itely yours is one of the types needed in this area. We also discussed that your project would be based on indivi- dual living for seniors and not the type of congregate health care facility where full dining, health care and activities are all contained in the project. May I add again that we receive upwards of 20 calls per week regarding housing in this area. I do look forward to working with you in developing this as this has been my life for many years. Please do not hesitate to call_ me if you have any further questions. Sincerely, Van A. Cadenhead, Executive Director VAC: lg 73-750 Catalina Way • Palm Oeeert. CA 92260 • (61 9) 340-3220 An organization FOUNDATION CG of Parents FOR THE and Friends to help all RETARDED Mentally OF THE DESERT Retarded 73-255 Country Club Drive Palm Desert, California 92260 (619) 346-1611 April 28, 1986 Mr. Ronald M. Guillory President Palm Desert Villas, Inc. P0. Box 1942 Palm Desert, California 92261 Dear Mr. Guillory: The purpose of this correspondence is to record our discussion regarding your proposed development of the adjoining property located on the east side of this complex and the potential employment opportunities this development would provide the mentally retarded citizens served here at the Foundation for the Retarded of the Desert. The Foundation's Board of Directors and myself are very supportive of your proposed development which would provide living facilities for elderly citizens of our population. Such a development, upon completion, would also provide employment opportunities for the individuals served here at the Foundation in areas such as landscape services, vacant apartment cleaning services and last but not least, the Foundation would be willing to investigate the feasibility to provide afternoon and evening meals for the elderly citizens who would reside within this development. Please contact me at a time convenient for you to explore in more detail the benefits this development would offer to not only the elderly population, but also to the mentally retarded population served by this organization. Sincerely, Keith Rhodes KR/rl Executive Director A NON PROFIT. TAX EXEMPT ORGANIZATION MEMBER ARC I N1fIEp jcSQ Desert Sands Unified School District N 12ERMUOA DUNES r RANCHO MIRAGE 82-879 HIGHWAY I I • INDIO. CALIFORNIA 92201-5678 •(6191 347-8631 INDIAN WELLS N - S PALM DESERT June 23 ,P LAOUINTA �a , 1986 INDIO 1� - JUN 2 4 1986 City of Palm Desert COMMUNITY DEVELOPMENT DEPARTMEW Director of Environmental Services CITY OF PALM OESEPT 73-510 Fred Waring Drive Palm Desert, CA 92260 Re : PP 86-22, CZ 86-3 Dear Sir : The referenced project will impact Desert Sands Unified School District. Xn ' u s , car . Beck Facilities Planner Enclosure RMB/vmm sa. ,rLUne Transit MEMBER AGENCIES Cathedral City Coachella Desert Hot Springs Indio La Quinta Palm Desert Palm Springs Rancho Mirage Riverside County January 3, 1986 Ron Guillory Palm Desert Villas, Inc. P 0 Box 1942 Palm Desert, CA 92261 Dear Mr. Guillory: Please forgive my delay in responding to our phone conversation of November 20th . . . but I suppose with the coming-on of our new season and the holiday season, I did get a bit behind. In any event, yes, there is a lot of interest in the Country Club/Monterey area. I 'm sure you are very much aware of the extensive growth going on. We are currently embarked on a rather extensive study, not only that area, but other "hot-spots" in the Coachella Valley, this in line with seeing where we will be one, three, five years from today. Certainly, your area will be given careful consideration and we do appreciate your interest and will keep you posted as we move along. Sincerely, SPRichard UNLINE TRANSIT AGENCY Cromwell , III Assistant General Manager RCIII/n cc: file 32.505 Harry Oliver Trail • Thousand Palms, California 92276 • (619) 343.3456 On . PALM DESERT VILLAS INC . , P . 0 . BOX 1942 PALM DESERT, CALIFORNIA 92261 JUNE 9 , 1986 PLANNING COMMISSION CITY OF PALM DESERT PALM DESERT, CALIFORNIA Gentlemen, On April 29th this company submitted to you its application for aunroval of the Senior Housing Overlay for its site on Country Club Drive. Also, as a part of that application is a request for the northerly portion of the subject. site to allow low density commercial . Since that date I have initiated direct contact with most of the site ' s neighbors or their representatives and have reviewed the Proposed development with them. Such review was given with the thought of not only informing the neighbors prior to the formal planning commission meeting but also to inquire of them any con- cerns they may forsee with the proposed development . I am attaching a summary of the individuals and/or representatives which I contacted and any comments -pro and con- they may have had. At completion of the review I requested a letter from that party indicating their approval or rejection of the proposed. To date I have only received one written reply of which I am enclosing a copy for your file. In addition, I am also enclosing a copy of a letter submitted by myself to Mr. Van Tanner, a director of the Sagewood subdivision, just west of the subject site. In summary, I have only received one negative comment on the pro- posed development . That was a concern by the Sagewood group that the potential increase in traffic may hamper their access to and from their subdivision. That concern was addressed by me in my letter to Mr. Tanner . This letter and the attached is intended to .keep both your Comm- ission and the, City Council aware of the apparent acceptability within the community of the proposed development . Additionally, I have previously submitted correspodance from Mr . Van Cadenhead Executive Director of the Senior Center and Mr. Keith Rhodes, Executive Director of the Foundation for the Retarded also in- dicating their approval and need of the proposed. 1 Planning Commission page 2 I understand the City Council will be meeting on Thursday the 12th to discuss , among other items , your commissions request for clarif- ication of the application of the Senior Housing Overlay ordinance as it pertains to various areas of the city. I also understand that as part of your request the subject application has been mentioned. I would request this letter, the attached and previously submitted correspondence, be made available to the Council in the effort to show the need and acceptability of this typy of development in this area. After reviewing this letter should you have any quesions please call me at your convenience. Si c ely, I Ronald M. GuiVory President RMG:me Plancom2 2 INDIVIDUALS AND/OR BOARDS VISITED TO REVIEW PROPOSED PALM DESERT VILLAS, INC . , SENIOR HOUSING DEVELOPMENT NAME ADDRESS COMMENTS SAGEWOOD RESIDENTS : Mr/Mrs . Larry Strayhorn 40032 Sagewood Dr . Mrs . Grace Newman 40064 Silktree Positive on Sr . Housinc Mr . Michael Manis 40Co0 Silk-tree nothing negative Mr/Mrs . James Oakley 40136 Sagewood Dr . nothing negative Mr/Mrs . Leif Christ- wondered about the effe offersen 40160 Nolina Ct . the project would have value of their home Mr . Van Tanner 40033 Sagewood Dr . see my letter to him fc comments of Sagewood Bc SUNCREST COUNTRY CLUB favorable toward the oc Mr . Gearhart Befeld all project. Reluctant owner/operator 73-450 Country Club give in writing and woc not object to developme QUAIL CONTRACTORS have no objection to tk Mr. Dennis Martin & 42600 Bob Hope Dr. #409 development also were i Mr. Corrigan Rancho Mirage 92270 willing to reduce to wi PALM DESERT GREENS received letter of appr Mr . Ethan A. Smith 73-750 Country Club Dr . after proposal was pre=_ General Manager to their board 3 PALM DESERT VILLAS, INC. P.O . BOX 1942 PALM DESERT, CALIFORNIA 92261 Mr. Van G Tanner 74-075 E1 Paseo Palm Desert , California 92260 May 20 , 1986 Re: Senior Housing and Commercial Devel . Country Club Drive Dear Van, I wish to thank you for your time reviewing this company' s proposed project on Country Club Drive just east of the Foundation for the Retarded. I understand the Board of Directors of the Sagewood Subdivision met last Tuesday and, among other items, discussed this potential development. Apparently the only concern the Board had with the project is the impact it may have on automobile traffic from the tenants. As you may recall, the project is designed to furnish housing to- Seniors (62 years and older) . This segment of the population generally have one automobile per household and in many instances they have opted to rely on public transportation, rather than incur the expenses related to owning their own automobile. It is my estimate that .the total number of automobiles owned by tenants of the facility will range between sixty to seventy vehicles . Given the ongoing improvements and extentions of existing streets currently underway, I 'm sure this additional traffic will not result in a negative impact for owners and guests of the Sagewood area. As promised and should the Board so desire, I will be happy to meet with them and go over my proposed project at their convenience. Thus far I have visted with five families living on the eastern edge of the Sagewood subdivision and have yet to meet any opposition to the project . Hopefully I will reach the remaining owners along the east edge prior to Planning Commission review. 1 I� I i Mr. Van Tanner page 2 It is my feeling that no negative impact to these neighbors will result from this project . All of the Sagewood homes are single story plus those on the eastern edge are protected by a high fence running the full length of the common property line with the Founda- tion for the Retarded - effectively blocking out any development from their view. Please advise if I may be helpful in clearing up any questions from any of the Sagewood owners . Si rely, i Ronald M. Gu lory President RMG :me Tanner 2 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: C/Z 86-3, PP/CUP 86-22 8 DA 86-5 APPLICANT/PROJECT SPONSOR: PALM DESERT VILLAS INC. P.O. Box 1942 Palm Desert, CA 92261 PROJECT DESCRIPTION/LOCATION: One hundred and eleven ( ill ) unit senior citizen housing development on 7.2 acres located on the south side of Country Club Drive 1600 feet west of Monterey Avenue. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the initial study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. RAMON A. DIAZ, DATE DIRECTOR OF COMMUNITY DEVELOPMENT /dlg CASI; (A iVO 1C - VG �L P6 3 L"N7Tg0RH NTAL SERVICES DEPT. INITIAL STUDY ENVIRONMENTAL EVALUATION CHECKLIST NOTE: The availability of data necessary to address the topics listed belo,a 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 ? -- — ' - c. Change in topography or ground surface relief features? d. The destruction, covering , or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils , either on or off the site? _ 2. Air. Will the proposal result in: a. Air emissions or deterioration of ambient air quality? / b. The creation of objectionable odors? L- c. Alteration of air movement, moisture , or / temperature , or, any change in climate , either locally or regionally? ,, L. 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? r/ 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? c'/ f. Reduction in the amount of water other- wise available for public water supplies? _ L� 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 , land 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? L 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? / 3. Yes Maybe No 6. Natural_Resources . . Will the proposal result in : a. Increase in the rate of use of any natural resources? b. Depletion of any non-renewable natural resource? 7. End. Will the proposal result in: a. Use of substantial amounts of fuel or energy? _ f b. Demand upon existing sources of energy, or re- quire the development of new sources of energy? 8. Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including, but not limited to, pesticides , oil , chemicals , or radiation) in the event of an accident or upset conditions? _ 9. Economic Loss. Will the proposal result in: a. A change in the value of property and improvements endangered by flooding? b. A change in the value of property and improvements exposed to geologic hazards beyond accepted community risk standards? LZ 10. Noise. Will the proposal increase existing noise levels to the point at which accepted community noise and vibration levels are exceeded? 11 . Land Use. Will the proposal result in the 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. Po ulation. Will the proposal result in: a. Alteration of 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 group, occupational class , household type? J. Yes Abe No 18. Public Fiscal Balance. Will the proposal result is 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? f b. Communications system? _ _ v c. Water? d. Sewer or septic tanks? e. Storm water drainage? — f 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? c. Lessening of the over-all neighborhood (or area ) attractiveness , pleasantness , and uniqueness? 23. Li ht and Glare. Will the proposal produce new ig it or glare? 24. Archeolo ical/Historical . Will the proposal result in an e teration of a significant archeological or historical site, structure, object, or building? 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? 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? 11, Transportation/Circulation. Will the proposal result in : / a . Generation of additional vehicular movement? t/ b. Effects on existing parking facilities , or demand for new parking? C. Impact upon existing transportation systems? ✓ d: Alterations to present patterns of circulation or movement of people and/or goods? e. Increase in traffic hazards to motor vehicles, bicyclists , or pedestrians? 17 . Public Services. Will the proposal have an effect upon , or 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? 6. Yes M�be 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 c� is significant. ) d. Does the project have environmental effects which will cause substantial adverse effects on human beings , either directly or indirectly? Initial Prepared Study By�/I--�---------- ---.. Palm DESErt GrEEns Association 73-750 Country Club Drive Palm Desert, California 92260-2 3 9 8 (619) 346-8005 May 29, 1986 Mr. Ron Guillory P.O. Box 1942 Palm Desert, CA 92261 Dear Mr. Guillory: On behalf of our Board of Directors, I would like to thank you for attending our May 19 meeting. Palm Desert Greens Association has no objection to your project and we feel it will enhance our neighborhood. We look forward to having the residents of Palm Desert Villa Apartments as our neighbors. Once again, thank you for taking the time to explain your project to our Board/and residents. Sincerely! Ethan A. Smith General Manager EAS:cyw r Joslyn Cove Communities Senior Center March 5 , 1986 Mr. Ron Guillary Palm Desert Villas Palm Desert, CA. Dear Mr. Guillary: It is with great pleasure that I confirm our meeting with you in writing concerning the urgent need for affordable senior housing in the Palm Desert area. As we discussed, there are several types of senior housing that are needed. Most defin- itely yours is one of the types needed in this area. We also discussed that your project would be based on indivi- dual living for seniors and not the type of congregate health care facility where full dining, health care and activities are all contained in the project. May I add again that we receive upwards of 20 calls per week regarding housing in this area. I do look forward to working with you in developing this as this has been my life for many years. Please do not hesitate to call- me if you have any further questions. Sincerely, Van A. Cadenhead, Executive Director VAC: lg 73-750 Catalina Way • Palm Desert. CA 92260 • (619) 340-3220 An organization of Parents FOUNDATION �pJ FOR THE and Friends to help all RETARDED Mentally OF THE DESERT ' Retarded 73-255 Country Club Drive Palm Desert, Califoinia 92260 (619) 346-1611 April 28, 1986 Mr. Ronald M. Guillory President Palm Desert Villas, Inc. PC. Box 1942 Palm Desert, California 92261 Dear Mr. Guillory: The purpose of this correspondence is to record our discussion regarding your proposed development of the adjoining property located on the east side of this complex and the potential employment opportunities this development would provide the mentally retarded citizens served here at the Foundation for the Fetarded of the Desert. The Foundation's Board of Directors and myself are very supportive of your proposed development which would provide living facilities for elderly citizens of our population. Such a development, upon completion, would also provide employment opportunities for the individuals served here at the Foundation in areas such as landscape services, vacant apartment cleaning services and last but not least, the Foundation would be willing to investigate the feasibility to provide afternoon and evening meals for the elderly citizens who would reside within this development. Please contact me at a time convenient for you to explore in mcre detail the benefits this development would offer to not only the elderly population, but also to the mentally retarded population served by this organization. 'Sincerely, �, Keith Rhodes KR/rl Executive Director A NON PROFIT. TAX EXEMPT ORGANIZATION MEMBER ARC �1f IEp Desert Sands Unified School District N BERMUDA DUNES r RANCHO MIRAGE C 82-879 HIGHWAY 111 • INDIO, CALIFORNIA 92201-5678 • (619) 347-8631 INDIAN WELLS rn PALM DESERT a June 23 1986 ,P LA OUINTA 30 INDIO y� • TC� � 1 JUN 2 4 1986 City of Palm Desert COMMUNITY DEVELOPMENT DEPARTMENT Director of Environmental Services CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 Re : PP 86-22, CZ 86-3 Dear Sir: The referenced project will impact Desert Sands Unified School District. Sin u S , Richard M. Beck Facilities Planner Enclosure RMB/vmm 'I �ie Sri MEMBER AGENCIES Cathedral City Coachella Desert Hot Springs Indio La Quinta Palm Desert Palm Springs Rancho Mirage Riverside County January 3, 1986 Ron Guillory Palm Desert Villas, Inc. P 0 Box 1942 Palm Desert, CA 92261 Dear Mr. Guillory: Please forgive my delay in responding to our phone conversation of November 20th . . . but I suppose with the coming-on of our new season and the holiday season, I did get a bit behind. In any event, yes, there is a lot of interest in the Country Club/Monterey area. I 'm sure you are very much aware of the extensive growth going on. We are currently embarked on a rather extensive study, not only that area, • but other "hot-spots" in the Coachella Valley, this in line with seeing where we will be one, three, five years from today. Certainly, your area will be given careful consideration and we do appreciate your interest and will keep you posted as we move along. Sincerely, SUNLINE TRANSIT AGENCY Richard Cromwell , III Assistant General Manager RCIII/n cc: File 32-505 Harry Oliver Trail • Thousand Palms, California 92276 (619) 343.3456 on, PALM DESERT VILLAS INC . , P . 0. BOX 1942 PALM DESERT, CALIFORNIA 92261 JUNE 9 , 1986 PLANNING COMMISSION CITY OF PALM DESERT PALM DESERT, CALIFORNIA Gentlemen, On April 29th this company submitted to you its application for approval of the Senior Housing Overlay for its site on Country Club Drive. Also, as a part of that application is a request for the northerly portion of the subject site to allow low density commercial . Since that date I have initiated direct contact with most of the site ' s neighbors or their representatives and have reviewed the proposed development with them. Such review was given with the thought of not only informing the neighbors prior to the formal planning commission meeting but also to inquire of them any con- cerns they may forsee with the proposed development . I am attaching a summary of the individuals and/or representatives which I contacted and any comments -pro and con- they may have had. At completion of the review I requested a letter from that party indicating their approval or rejection of the proposed. To date I have only received one written reply of which I am enclosing a copy for your file. In addition, I am also enclosing a copy of a letter submitted by myself to Mr . Van Tanner, a director of the Sagewood subdivision, just west of the subject site. In summary, I have only received one negative comment on the pro- posed development . That was a concern by the Sagewood group that the potential increase in traffic may hamper their access to and from their subdivision. That concern was addressed by me in my letter to Mr. Tanner . This letter and the attached is intended to keep both your comm- ission and the City Council aware of the apparent acceptability within the community of the proposed development. Additionally, I have previously submitted correspodance from Mr . Van Cadenhead Executive Director of the Senior Center and Mr. Keith Rhodes, Executive Director of the Foundation for the Retarded also in- dicating their approval and need of the proposed. 1 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: C/Z 86-3, PP/CUP 86-22 & DA 86-5 APPLICANT/PROJECT SPONSOR: PALM DESERT VILLAS INC. P.O. Box 1942 Palm Desert, CA 92261 PROJECT DESCRIPTION/LOCATION: One hundred and eleven ( 111) unit senior citizen housing development on 7.2 acres located on the south side of Country Club Drive 1600 feet west of Monterey Avenue. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the initial study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. RAMON A. DIAZ, DATE DIRECTOR OF COMMUNITY DEVELOPMENT /dlg I - J z ESTABLISHED IN 1918 AS A PUBLIC AGENCY MIAY 2 7 1986 COACHELLA VALLEY WATER DISTRPIC;TDEVELOPMENT DEPARTMENT CITY OF PALM. DESEET POST OFFICE BOX 1o58•COACHELLA, CALIFORNIA 92236•TELEPHONE(619)39&2651 DIRECTORS OFFICERS RAYMOND R.RUMMONDS,PRESIDENT THOMAS E.LEVY,GENERAL MANAGER-CHIEF ENGINEER TELLIS CODEKAS,VICE PRESIDENT BERNARDINE SUTTON,SECRETARY JOHN P.POWELL KEITH H.A1NSMRTH,ASSISTANT GENERAL MANAGERIAUDITOR PAUL W.NICHOLS REDVANE AND SHERRILL,ATTORNEYS THEODORE J.FISH May 22, 1986 File: 0163.1 Department of Environmental Services City of Palm Desert Post Office Box 1977 Palm Desert, California 92261 Gentlemen: Subject: Change of Zone 86-3, Portion of Northwest quarter, Section 8, Township 5 South, Range 6 East, San Bernardino Meridian This area lies on the sandy area in the northern portion of Palm Desert and is considered safe from stormwater flows except in rare instances. ti The District will furnish domestic water and sanitation service to this area in accordance with the current regulations of this District. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. Yours very truly, , Tom Levy General Manager-Chief Engineer CS:ir cc: Riverside County Department of Public Health 46-209 Oasis Street Indio, California 92201 Attention: Don Park I TRUE CONSERVATION USE WATER WISELY INDIVIDUALS AND/OR BOARDS VISITED TO REVIEW PROPOSED PALM DESERT VILLAS , INC . , SENIOR HOUSING DEVELOPMENT NAME ADDRESS COMMENTS SAGEWOOD RESIDENTS : Mr/Mrs . Larry Strayhorn 40032 Sagewood Dr . Mrs . Grace Newman. 40064 Silktree Positive on Sr . Housing Mr . Michael Manis 40030 Silktree nothing negative Mr/Mrs . James Oakley 40136 Sagewood Dr. nothing negative Mr/Mrs . Leif Christ- wondered about the effect offersen 40160 Nolina Ct . the project would have on value of their home Mr . Van Tanner 40033 Sagewood Dr . see my letter to him for comments of Sagewood Boar. SUNCREST COUNTRY CLUB favorable toward the over Mr . Gearhart Befeld '' all project . Reluctant to owner/operator 73-450 Country Club give in writing and would not object to development QUAIL CONTRACTORS have no objection to the Mr. Dennis Martin & 42600 Bob Hope Dr. #409 development also were un- Mr " Corrigan Rancho Mirage 92270 willing to reduce to writ_ PALM DESERT GREENS received letter of approv_II Mr . Ethan A. Smith 73-750 Country Club Dr . after proposal was presen. General Manager to their board 3 I PALM DESERT VILLAS, INC. P.O. BOX 1942 PALM DESERT, CALIFORNIA 92261 Mr. Van G Tanner 74-075 E1 Paseo Palm Desert , California 92260 May 20, 1986 Re: Senior Housing and Commercial Devel . Country Club Drive Dear Van, I wish to thank you for your time reviewing this company' s proposed project on Country Club Drive just east of the Foundation for the Retarded. I understand the Board of Directors of the Sagewood Subdivision met last Tuesday and, among other items, discussed this potential development . Apparently the only concern the Board had with the project is the impact it may have on automobile traffic from the tenants. As you may recall , the project is designed to furnish housing to_ Seniors ( 62 years and older) . This segment of the population generally have one automobile per household and in many instances they have opted to rely on public transportation, rather than incur the expenses related to owning their own automobile. It is my estimate that the total number of automobiles owned by tenants of the facility will range between sixty to seventy vehicles . Given the ongoing improvements and extentions of existing streets currently underway, I 'm sure this additional traffic will not result in a negative impact for owners and guests of the Sagewood area. As promised and should the Board so desire, I will be happy to meet with them and go over my proposed project at their convenience. Thus far I have visted with five families living on the eastern edge of the Sagewood subdivision and have yet to meet any opposition to the project. Hopefully I will reach the remaining owners along the east edge prior to Planning Commission review. .. 1 Planning Commission page 2 I understand the City Council will be meeting on Thursday the 12th to discuss, among other items, your commissions request for clarif- ication of the application of the Senior Housing Overlay ordinance as it pertains to various areas of the city. I also understand that as part of your request the subject application has been mentioned . I would request this letter, the attached and previously submitted correspondence, be made available to the Council in the effort to show the need and acceptability of this typy of development in this area. After reviewing this letter should you have any quesions please call me at your convenience. Si c ely, J Ronald M. Guil ory President RMG:me Plancom2 2 Cal MAY 2 8 1986 COMMU.�irr°eea°rrte,y ° ,cei:zua General Telephone Comp�nvj9"' ° of California 83-793 Dr.Carreon Boulevard Indio,California 92201-7099 619 347-2711 In Reply Refer To May 27, 1986 3660G City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Gentlemen: RE: CASE NOS. PP86-22, 6286-3 I have reviewed your Palm Desert Villas Project on Country Club Drive and at this time can see no adverse effects on the environment as it relates to any of our existing and/or proposed future plant. Telephone facilities are readily available in this area. Sincerely, MICHAEL A. CARILO Network Engineer - Facilities MAC:ber A part of GTE Corporation Mr. Van Tanner page 2 It is my feeling that no negative impact to these neighbors will result from this project . All of the Sagewood homes are ' single story plus those on the eastern edge are protected by a high fence running the full length of the common property line with the Founda- tion for the Retarded - effectively blocking out any development from their view. Please advise if I may be helpful in clearing up any questions from any of the Sagewood owners. Si rely, Ronald M. Gu' Tory President RMG :me Tanner 4 ! 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE (619) 346-0611 June 12, 1986 CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP/CUP 86-22, C/Z 86-3 8 DA 86-5 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by PALM DESERT VILLAS INC., for approval of a negative declaration of environmental Impact, a change of zone from PR-5 to PR-5 Senior Housing Overlay and precise plan/conditional use permit and development agreement to allow a 120 unit senior citizen housing development on 7.5 acres located on the south side of Country Club Drive 1600 feet east of Monterey Avenue, more particularly described as: APN 622-020-002 eoa �7 T E3 P.C. (2) (D.P. 03-78 T 1 1 •PO /f 4� P 1 R-• 2 8.000 (8) _ $� ��Ii+mrt! i4 1vGB`� buPw Q I R'0 a 1 1 1 1 SAID public hearing will be held on Tuesday, July 1, 1986 at 7:00 p.m. in the Council Chamber at the Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all Interested persons are Invited to attend and be heard. If you challenge the proposed actions In court, you may, be limited to raising only those Issues you or someone else raised at the public hearing described in thisnotice, or in written correspondence delivered to the city council (or planning commission) at, or prior to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ, Secretary June 20, 1986 Palm Desert Planning Commission y • Ah • • COUNTY OF RIVERSIDE ' m®® / PALMDESERT CITY LIMIT . .-7 , S.P (OP 15-79) COUNTY OF RIVERSID P.C. (2) 1 (D.P. CZ -78 a 'P R.-5 to P. .-5 S.O. 000 (8) A DPR - 22 R-„ 2 8, r ;; pl0'NEp OA''�01 EE O/. aP" NOON �A�MnK�E C1. SAGE'�ODO V �Ol h R-5 t N 0 V 1. E Y J � U lir I UU > 0- -- FEM W I I '--- j/i CITY OF PALM DESERT Case No. CITY COUNCIL ORDINANCE NO.— _ A Date a SOLIMItRIS) VMIFORNIA 9ClS COMPANY G;h^<iiNITY 6EN�6@RH[Ni tl�'d�i9; P�t 130 ff PALM D.SERT 3700 CENTRAL AVENUE • RIVERSIDE, CALIFORNIA R.W. RIDDELL Eastern Division MAILING ADDRESS: P. O. BOX 2200, RIVERSIDE, CALIFORNIA 92516 Distribution Planning Supervisor May 27, 1986 RECEIVED City of Palm Desert MAY h U 1986 73-510 Fred Waring Drive ENGINEERING DEPARTMENT. Palm Desert, CA 92260 CITY OF PALM DESERT RE: PP86-22, CZ86-3 The Southern California Gas Company has a gas main in Country Club adjacent to project. Distribution lines could be extended from these mains to serve the proposed development 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. The availability of natural gas service, as set forth in this letter, is based upon present conditions of gas supply and regulatory policies. As a public utility, the Southern California Gas Company is under the jurisdiction of the California Public Utilities Commission. We can also be affected by actions of federal regulatory agencies. Should these agencies take any action which affects gas supply or the conditions under which service is available, gas service will be provided in accordance with revised conditions. Typical demand use for: a. Residential (System Area Average/Use Per Meter) Yearly Single Family 799 therms/year dwelling unit Multi-Family 4 or less units 482 therms/year dwelling unit Multi-Family 5 or more units 483 therms/year dwelling unit These averages are based on total gas consumption in residential units served by Southern California Gas Company, and it should not be implied that any particular home, apartment or tract of homes will use these amounts of energy. b. Commercial Due to the fact that construction varies so widely (a glass building vs. a heavily insulated building) and there is such a wide variation in types of materials and equipment used, a typical demand figure is not available for this type of construction. Calculations would need to be made after the building has been designed. We have developed several programs which are available, upon request, to provide assistance in selecting the most effective applications of energy conservation techniques for a particular project. If you desire further information on any of our energy conservation programs, please contact our Area Market Services Manager, P.O. Box 3003, Redlands, CA 92373-0306, phone (800) 443-8115. Sincerely ` R. W. Rid 11 RWR:mac J RIVERSIDE COUNTY `pM,QV CALIFp5p, FIRE DEPARTMENT 1 IN COOPERATION WITH THE G COUNTY %=_l CALIFORNIA DEPARTMENT OF FORESTRY y � _" t 9 h x[VERSI RAY HEBRA � �lNFgi OF fo4� FIRE CHIEF c - fE SAN JACINTO AVENUE May 20, 1986fALIFORNIA92370 G PHONE:(714)657.3183 Ramon Diaz 1 2 1986 Planning $ Community, cor✓,tile%1iTyD'`ecoaclavr Development Director 0. PAL'pcS�q FgR;�"E,Jr 73510 Fred Waring Palm Desert Reference: P.P. 86-22 Applicant: Palm Desert Villas 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 4000 GPM fire flow from any fire hydrant for a 3 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. 2. Install Riverside County super fire hydrants so that no point of any building is more than 200 feet from a fire hydrant measured along approved vehicular travel ways. a. exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. b. curbs shall be painted red 15 feet in either direction from each hydrant. c. 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 3 copies of the water system plan to the Fire Marshal for review. Upon approval, one copy will be sent to the Building Department and the original will be returned to the developer. 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 P.P. 86-22 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. 6. All buildings over 5000 square feet require an approved fire sprinkler system. 7. A secondary emergency vehicle access is required. 8. A State Fire Marshal approved fire alarm system will be required in all buildings containing 15 or more apartments. 9. All building. areas beyond 150' of vehicular access will require a fire department standpipe system. 10. Minimum drive width to be 20' between 2B1B units and A $ B units. Ramon Diaz May 20, 1986 P.P. 86-22 Page 2. 11. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. Very truly yours, RAY HEBRARD County Fire Chief By, '�Ic(e� l Mike McConnell Fire Marshal dpm INTEROFFICE MEMORANDUM j TO: DIRECTOR OF ENVIRONMENTAL SERVICES FROM : DIRECTOR OF PUBLIC WORKS SUBJECT: i7RTF-"5V-- PLAtd 136-2-2 GZ S(S-3 DATE : MA`( The following should be considered conditions of approval : O Drainage and s ) gnalization fund fees , as required by City ordinance, shall be paid prior to (tr ' �`—``v=f_� (a„t-1ng permit Issuance) . ^O r 1n Z Drainage fac� litiet shall be provided, per Ordinance No. 218 and the Master Drainage Plan , to the specifications of the Director of Public Works . Storm drain construction shall be contingent upon a drainage study by the private engineer that is approved by the Department of Public Works . 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) Improvement plans for water and sewer systems shall be approved by the respective service districts with "as-built" plans submitted to the Department of Public Works prior to the project final . © 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 engineer shall submit "as-built" plans prior to the acceptance of the Improvements by the City. O7 " All private streets shall be inspected by the engineering department and a standard inspection fee shall be paid prior to iyApermit Is- suance) . ® Landscaping maintenance on shall be provided by the - (property owner). 9� Existing utilities on _t- ¢shall be underground- ed per each respective utility district ' s recommendation., . IO Traffic safety striping on shall be provided to the specifications of the Dire for of Public Works . A traffic control plan must be submitted to and approved by the Director of Public Works before placing pavement i markings . 11 Complete grading plans and specifications shall be submit- ted, as required by ordinance , to the City Engineer for checking and approval prior to Issuance of any permits . „ 12 Dedication of feet. of right-of-way on (m s h a I I be done prior to issuance of any permits and approval of plans . J Installation 0 »++ � +. A n,i=gam f} �nakr�a p—Fa� n g=and M¢2 ,do rvr� sidewalk on Co:n C1:L\ib Qn,.a, 14 ) Waiver of access to except at approved ",�,: locations shall he granted on the final ,map. I 1 15 )JClose unused driveway with full heighth curb and gutter . 06 OffsIte improvement, plans to be approved by Public Works ; ! ; Department and a surety posted to guarantee the required ; ; : o f f s I t e Improvements prior to �h'e fYnaJ aaap)^(permit issuance) . ��n94 V1 0FulT improvement of interior streets based on . =restdrsr++ ) (private) ( street standards as established in accordance with Chapter 26, Section 26 . 40 . 040 , C. P.D . : Code . installation of one-half landscaped median in pY1n,2 or cash payment for one-half the cost of landscaped median . at the option of the Director of Public Works . 19) Traffic analysis to be prepared for the project to address the specific Impacts on existing networks (street and Intersections ) and the proposed mitigation measures recom- . mended for approval by the City. 20) Installation of sewers to serve this project . 0Size , number and location of driveways to Public Works 0 specifications with only '_ driveway approach(es) .to be allowed to serve this property. 22 ) No (new) requirements . (Original conditions apply) i , 23 ) Any permit Issuance shall be subject to the waiver of . parcel map first being approved and recorded. 24) Complete (parcel ) (tract) map (s ) shall be submitted as required by ordinance to the City Engineer for checking and approval and be recorded before issuance of certificate of occupancy by the Building Department . ichard J . Folkers , P. E . 7� RA/RJF i I I I , r: Palm DESErt GrEEns Association 73-750 Country Club Drive Palm Desert, California 92200-2 3 9 8 (619) 346-8005 May 29, 1986 Mr. Ron Guillory P.O. Box 1942 Palm Desert, CA 92261 Dear Mr. Guillory: On behalf of our Board of Directors, I would like to thank you for attending our May 19 meeting. Palm Desert Greens Association has no objection to your project and we feel it will enhance our neighborhood. We look forward to having the residents of Palm Desert Villa Apartments as our neighbors. Once again, thank you for taking the time to explain your project to our Board and residents. Sincerely, Ethan A. Smith General Manager EAS:cyw Joslyn Cove Communities Senior Center March 5 , 1986 Mr. Ron Guillary Palm Desert Villas Palm Desert, CA. Dear Mr. Guillary: It is with great pleasure that I confirm our meeting with you in writing concerning the urgent need for affordable senior housing in the Palm Desert area. As we discussed, there are several types of senior housing that are needed. Most defin- itely yours is one of the types needed in this area. We also discussed that your project would be based on indivi- dual living for seniors and not the type of congregate health care facility where full dining, health care and activities are all contained in the project. May I add again that we receive upwards of 20 calls per week regarding housing in this area. I do look forward to working with you in developing this as this has been my life for many years. Please do not hesitate to call me if you have any further questions. Sincerely, l Van A. Cadenhead, Executive Director VAC: lg 73-750 Catalina Way • Palm Desert, CA 92260 • (61 9) 340-3220 An organization FOUNDATION CG of Parents FOR THE and Friends to help all RETARDED Mentally OF THE DESERT ' Retarded 73-255 Country Club Drive Palm Desert, California 92260 (619) 346-1611 April 28, 1986 Mr. Ronald M. Guillory President Palm Desert Villas, Inc. PC. Box 1942 Palm Desert, California 92261 Dear Mr. Guillory: The purpose of this correspondence is to record our discussion regarding your proposed development of the adjoining property located on the east side of this complex and the potential employment opportunities this development would provide the mentally retarded citizens served here at the Foundation for the Retarded of the Desert. The Foundation's Board of Directors and myself are very supportive of your proposed development which would provide living facilities for elderly citizens of our population. Such a development, upon completion, would also provide employment opportunities for the individuals served here at the Foundation in areas such as landscape services, vacant apartment cleaning services and last but not least, the Foundation would be willing to investigate the feasibility to provide afternoon and evening meals for the elderly citizens who would reside within this development. Please contact me at a time convenient for you to explore in more detail the benefits this development would offer to not only the elderly population, but also to the mentally retarded population served by this organization. Sincerely, Keith Rhodes KR/rl Executive Director A NON PROFIT, TAX EXEMPT ORGANIZATION MEMBER ARC � r .me Transit MEMBER AGENCIES Cathedral City Coachella Desert Hot Springs Indio La Quinta Palm Desert Palm Springs Rancho Mirage Riverside County January 3, 1966 Ron Guillory Palm Desert Villas, Inc. P 0 Box 1942 Palm Desert, CA 92261 Dear Mr. Guillory: Please forgive my delay in responding to our phone conversation of November 20th . . . but I suppose with the coming-on of our new season and the holiday season, I did get a bit behind. In any event, yes, there is a lot of interest in the Country Club/Monterey area. I 'm sure you are very much aware of the extensive growth going on. We are currently embarked on a rather extensive study, not only that area, but other "hot-spots" in the Coachella Valley, this in line with seeing where we will be one, three, five years from today. Certainly, your area will be given careful consideration and we do appreciate your interest and will keep you posted as we move along. Sincerely, SUNLINE TRANSIT AGENCY Richard Cromwell , III Assistant General Manager RCIII/n cc: File 32-505 Harry Oliver Trail • Thousand Palms, California 92276 (619) 343-3456 op. PALM DESERT VILLAS INC. , P . 0. BOX 1942 PALM DESERT, CALIFORNIA 92261 JUNE 9 , 1986 PLANNING COMMISSION CITY OF PALM DESERT PALM DESERT, CALIFORNIA Gentlemen, On April 29th this company submitted to you its application for approval of the Senior Housing Overlay for its site on Country Club Drive. Also, as a part of that application is a request for the northerly portion of the subject site to allow low density commercial . Since that date I have initiated direct contact with most of the site ' s neighbors or their representatives and have reviewed the proposed development with them. Such review was given with the thought of not only informing the neighbors prior to the formal planning commission meeting but also to inquire of them any con- cerns they may forsee with the proposed development . I am attaching a summary of the individuals and/or representatives which I contacted and any comments -pro and con- they may have had. At completion of the review I requested a letter from that party indicating their approval or rejection of the proposed. To date I have only received one written reply of which I am enclosing a copy for your file. In addition, I am also enclosing a copy of a letter submitted by myself to Mr. Van Tanner , a director of the Sagewood subdivision, just west of the subject site . In summary, I have only received one negative comment on the pro- posed development . That was a concern by the Sagewood group that the potential increase in traffic may hamper their access to and from their subdivision. That concern was addressed by me in my letter to Mr . Tanner . This letter and the attached is intended to keep both your comm- ission and the City Council aware of the apparent acceptability within the community of the proposed development . Additionally, I have previously submitted correspodance from Mr . Van Cadenhead Executive Director of the Senior Center and Mr. Keith Rhodes, Executive Director of the Foundation for the Retarded also in- dicating their approval and need of the proposed. 1 Planning Commission page 2 I understand the City Council will be meeting on Thursday the 12th to discuss, among other items, your commissions request for clarif- ication of the application of the Senior Housing Overlay ordinance as it pertains to various areas of the city. I also understand that as part of your request the subject application has been mentioned. I would request this letter, the attached and previously submitted correspondence, be made available to the Council in the effort to show the need and acceptability of this typy of development in this area. After reviewing this letter should you have any quesions please call me at your convenience. Si c ely, Ronald M. GuiI cry President RMG :me Plancom2 2 INDIVIDUALS AND/OR BOARDS VISITED TO REVIEW PROPOSED PALM DESERT VILLAS, INC . , SENIOR HOUSING DEVELOPMENT NAME ADDRESS COMMENTS SAGEWOOD RESIDENTS: Mr/Mrs. Larry Strayhorn 40032 Sagewood Dr . Mrs. Grace Newman 40064 Silktree Positive on Sr. Housing Mr. Michael Manis 40080 Silktree nothing negative Mr/Mrs. James Oakley 40136 Sagewood Dr. nothing negative Mr/Mrs . Leif Christ- wondered about the effect offersen 40160 Nolina Ct . the project would have on value of their home Mr. Van Tanner 40033 Sagewood Dr . see my letter to him for comments of Sagewood Board SUNCREST COUNTRY CLUB favorable toward the over Mr . Gearhart Befeld all project . Reluctant to owner/operator 73-450 Country Club give in writing and would j not object to development QUAIL CONTRACTORS have no objection to the Mr . Dennis Martin & 42600 Bob Hope Dr . #409 development also were un- Mr . Corrigan Rancho Mirage 92270 willing to reduce to writir, PALM DESERT GREENS received letter of approval Mr . Ethan A. Smith 73-750 Country Club Dr . after proposal was presente General Manager to their board 3 PALM DESERT VILLAS, INC. P.O. BOX 1942 PALM DESERT, CALIFORNIA 92261 Mr. Van G Tanner 74-075 E1 Paseo Palm Desert , California 92260 May 20, 1986 Re: Senior Housing and Commercial Devel . Country Club Drive Dear Van, I wish to thank you for your time reviewing this company' s proposed project on Country Club Drive just east of the Foundation for the Retarded. I understand the Board of Directors of the Sagewood Subdivision met last Tuesday and, among other items, discussed this potential development . Apparently the only concern the Board had with the project is the impact it may have on automobile traffic from the tenants. As you may recall , the project is designed to furnish housing to Seniors (62 years and older) . This segment of the population generally have one automobile per household and in many instances they have opted to rely on public transportation, rather than incur the expenses related to owning their own automobile. It is my estimate that the total number of automobiles owned by tenants of the facility will range between sixty to seventy vehicles . Given the ongoing improvements and extentions of existing streets currently underway, I 'm sure this additional traffic will not result in a negative impact for owners and guests of the Sagewood area. As promised and should the Board so desire, I will be happy to meet with them and go over my proposed project at their convenience. Thus far I have visted with five families living on the eastern edge of the Sagewood subdivision and have yet to meet any opposition to the project . Hopefully I will reach the remaining owners along the east edge prior to Planning Commission review. 1 Mr . Van Tanner page 2 It is my feeling that no negative impact to these .neighbors will result from this project . All of the Sagewood homes are single story plus those on the eastern edge are protected by a high fence running the full length of the common property line with the Founda- tion for the Retarded - effectively blocking out any development from their view. Please advise if I may be helpful in clearing up any questions from any of the Sagewood owners . Si rely, i J Ronald M. Gu Tory President RMG :me Tanner 2 , PALM DESERT VILLAS, INC. P. O. BOX 1942 PALM DESERT, CALIFORNIA 92261 April 29 , 1986 Planning Commission City of Palm Desert Palm Desert , California i s Gentlemen, This company requests approval of the Senior Housing Overlay to its property located on County Club Drive (south side) just East of the Foundation for the Retarded. . We are proposing a 100 Unit Senior rental plus a small amount of commercial use ( 14 ,400 sq. ft . ) on the seven plus acres. The following will highlight the project , showing the positive impact this writer believes it will have, not only for the surrounding community but also the residents of the subject and their immediate neighbors . For simplicity I will segregate the residential units from the commercial use of the project . However, the anticipated tenants of the commercial spaces are ones which should provide support and/or therapeutic benefits to the senior tenants and thus become an intricate part of the overall complex. SENIOR RENTALS The program being offered to seniors ( 62 and over) offers a variety of units, ranging from the single story two bedroom bungalows with garage, to the compact one bedroom within the elevator serviced main building. The program is designed to keep monthly rentals at a minimum, therefore no meals, maid service, etc . are offered. In the event tenants are desirous of obtaining meals prepared by others, I am negotiating with Mr . Keith Rhoads, Administrator for the Foundation for the Retarded, to provide these. The Foundation presently is providing student, facilty and guest meals on a daily basis . (see Foundation letter) 1 Reviewing the Projected Rent Schedule on page 5 shows that almost all sixty-six units in the main building are at or below the median level of affordable housing rates for the given units . The only exception being two B1 units scheduled for a monthly rent of $635 . 00 . The project has set aside for subsidy, twenty- five units ( 25%) to address the three rental levels of affordable housing. Rental projections for the bungalow units are near or below the moderate level of affordable housing rates . In summary then, in addition to subsidizing twenty-five percent of the units to provide affordable housing to lower income individuals, the remaining units are expected to be placed on the market at rates at or below the median rate of affordable housing. This ability to provide these rates is augmented, in part , by income projected from some of the commercial space. In a continuing effort to keep rentals at a minimun the project is offering, although this writer feels adequate, limited recreational ammenities. Each bungalow offers a private fenced patio area in excess of four hundred square feet . Tenants will be free to maintain this area to their liking. Plumbing and electrical service will be roughed in should the individual desire to install ammenities such as Ma spa or the like. Each patio, with the exception of the five units abutting the commercial area, will be gated to provide access to the central walk way leading to the public pool and spa. This walkway will be landscaped and provide central outdoor seating areas under shade trees . As reflected on the site plan the pool and spa will be in the court area of the main building. Access for individuals living in the bungalows will be through a passage on the ground floor of the main building. The outdoor area will also include a pool house or cabanna providing bath rooms , outdoor showers and a sun protected lounge area. Other areas for lounging will include the pool/spa cool-deck plus adjacfent lawn. Protected seating areas will also be provided under shade trees . The main building will provide a social area on the main floor of approximately 2000 sq. ft . Meeting and social get-togethers can utilize this area or the company facilities located in the commercial area. A reading room with a small library is planned in this central area. Although not reflected on the site plan of the main buildingjtwo laundry areas on each floor are planned. Additionally space will be allocated for a laundry area in each apartment should the tenants wish to provide their own equipment . The complex will be secured by perimeter fencing, and a card entry gate . Individual units will be supplied with both fire and burglary security systems offering top of the line features. 2 During this writers planning of the proposed, various inquiries of agencies and business firms , which may provide services to the seniors residing at this complex, had been made. Enclosed are copies of correspondense from some of these for your information. COMMERCIAL AREAS The proposed uses for the commercial areas are expected to provide economic assistance to the overall project, thus providing the favorable rental projections outlined above. Additionaly, the commercial tenants will hopefully provide convenience and therapeutic benefits to the senior residents. Building design and layout will produce a low profile ; campus atmosphere, providing an architectual blending with the neighbors to the west (Foundation for the Retarded) and the initial units to the south, plus a natural termination of commercial development looking east . Projected commercial building-to-land use is less than five percent of the entire site and just under twenty-four percent coverage of the area designated for commercial use. As of this writing proposed uses for the commercial spaces are as follows : PROPOSED USE FOOTAGE Daycare Center 3 , 600 Medical offices 3 , 600 Project offices/tenant meeting rooms and activities area 2 ,000 Unassigned commercial space 5 , 200 Total Building Area 14 , 400 In summary, this proposal will not only provide low cost housing to the twenty-five percent subsidized units requested by the city but many of the remaining units may be offered at or below the median level of affordable housing rates. The project will blend well with developments on all sides and the conveniences offered to prospective tenants, both existing and proposed, will be difficult to reproduce in this area. 3 It ' s proposed design along County Club Drive will provide a natural completion to the commercial development and will blend favorably with its neighbors . Although the main building is two story the site naturally falls in elevation going South, thus providing a continued low profile in spite of the two stores . The project will assist in providing much needed affordable housing as witnessed by Mr. Van Cadenhead' s letter . Additionally, the Foundation for the Retarded may provide services such as landscaping, cleaning, meals, etc . (see Keith Rhodes letter) thus assisting them in their attempt to reach their goals . All in all the project will be a benefit not only to the seniors residing there but to their neighbors as well . These mutual benefits will reflect directly the City of Palm Desert 's concern to provide quality housing in a quality setting with minimal impact to other businesses or residents . After reviewing the enclosed information should you have any questions I shall be happy to meet with you at anytime for discussions. Si ely, I I Ronald M. Gui ory, Pres ' nt 4 PROJECTED RENT SCHEDULE (Todays Dollars) RATES MODEL TYPE SIZE # MONTH SQ. FT. Bungalow 2B 2B 1007 17 $750 . $ . 744 Bungalow 2B 1B 848 17 720 . . 849 A 1B 1B 650 21 485 . . 746 B 2B 2B 1000 18 650. . 650 Al 1B 1B 600 7 450. . 750 B1 1B St 2B 884 20 635 . . 718 Total 100 SUBSIDIZED RENTAL SCHEDULE Income Level Al 1B 1B 600 . 4 $256 very low 3 416 low B1 1B St 2B 884 1 292 very low 7 467 low 10 584 moderate Total 25 5 * 73-510 Fred Waring Dr., Palm Desert, Ca. 92260 I PRECISE PLAN Af PLOCAATUCH FORM : Dept-of Planning and Community Development PALM DESERT VITLAS TN( Applicant (please print) P.O. BOX 1942 340-9750 Mailing Address Telephone PALM DESERT CALIFORNIA - city - LP Coda REQUEST! (Describe specific nature of approval requested). Application for Senior Housing Overlay on presently zoned R1 DrODert-V PROPERTY DESCRIPTION: The East 7.5 acres of the West 15 Acres of the Northeast Quarter of the Northwest Quarter of Section 8, Township 5 South, Range 6 East, San Bernardino Base and Meridian. ASSESSORS PARCEL NO. 662-020-002-0 R - 1 EXISTING ZONING Property Owner Authorization The undersigned states that they are the owner is) of the property described herein and hereby give author- ization for the filing oft s application. / Si nature Date Agreement absolving he City of Polm Deso"'of all liabilities relotl to any dead restrictions. 1 DO BY MY GNATURE N THIS AGREEMENT, Absolve the City of Palm Desert of all liabilities regarding any deed restrictions hSt may be applicable to the property described herein. Signature Date Applicants Signotur ,; Signature Date (FOR STAFF USE ONLY) Environmental Status. Accepted by: ❑ Ministerial Act E.A. No. O ❑ Categorical Exemption (CL S[E HID, (?r g6 — 2 2... ❑ Negative Declaration ❑ Other Reference Case No. ame0 v"a SVWICIM •Ts s-�T•es i 1 RIVERSIDE COUNTY PLANNING DEPARTMENT PROPERTY OWNERS CERTIFICATION I , Leslie Duckett , CERTIFY THAT ON November 27, 1985 THE ATTACHED PROPERTY OWNERS LIST WAS PREPARED BY CALIFORNIA LAND TITLE COMPANY, PURSUANT TO APPLICATION REQUIRE- MENTS FURNISHED BY THE RIVERSIDE COUNTY PLANNING DEPARTMENT. SAID LIST IS A COMPLETE AND TRUE COMPILATION OF OWNERS OF THE SUBJECT PROPERTY AND ALL OTHER PROPERTY OWNERS WITHIN 300 FEET OF THE PROPERTY INVOLVED IN THE APPLICATION AND IS BASED UPON THE LATEST EQUALIZED ASSESSMENT ROLLS. I FURTHER CERTIFY THAT THE INFORMATION FILED IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT INCORRECT OR ERRONEOUS INFORMATION MAY BE GROUNDS FOR REJECTION OR DENIAL OF THE APPLICATION. NAME : . .Leslie Duckett TITLE/REGISTRATION: DRE Consultant PHONE NO. : (714) 784-2120 ADDRESS: 3579 Arlington Avenue, Riverside, CA .. 92506 SIGNATURE: yw44L DATE: 11/27/85 CASE N/C 5/1/80 VTR. OCT 8G 1984 COPMRIONT brETNIS I Q FR011 MO (Tli) OFTRJVIEK EAST tE?kr IEGIMACY REGISTER. 01 _i t a� '�'T•' IRG �tO1 �I111S) P.PRpP LA/0 IPN7V PLL-Vr. E>Q-"Ci•+ H/g KTi lT' 9L PG___) ,]1IRtP LFR IIAI• isr-TD a&-TD T1N a' P6 L��pf��d��1( pf 91�DIVIStd 1Y/E OA P109tiT ,e��F/1wto�r[t7dgp�Lprn� TYF tx PG ) ,�T L °LI 7 811� SF ING DRWAUR DESERT. CA 640 64—VJ�F yy 75nt7 39191 PIRiEO( SPRING °NO 13P509 �5,<17 1B,925 7,OOD4 Rr � Jt UCINA111666 IS"L ZN6O1l TR <182 It JNf IN CO00( AREAS pAL/1 7609 2030 ry (fir ASFRINGS D"PAUR DESERT, G 620-164 5 7 38171 PI(t1U1 SPRINGS 00 9,725 � .5,6 1 .�Gt 0 I JT L A P) 710 9 5 pp1�p EY 16 67 13 LV TR 4182 a INT IN C09M AREAS p r5 0 � }16�J_B�1 yy�LTBt ECAN1ViWM) Nl/Y5. G 91<01 620�164��/y�,Z)C�,7 7 36151 P!(iEQI BRINGS DO <1,799 DE?ERT 'IRT9 0 � JT '1 >5573pp(A�1�ff1(T�� TTT Pe 667�7 113 L��/2O3JZ TR 4182 a ENT. IN CO"M A EAS pI��I gR 7- —OR rw T` 114299 " G33W F ♦ 6PIS 67 13 L 20i 7 7 <1923e INT�foN CDIOOi AREAS<SPRINGS D ,,79) 5,892 <7.6�41 0 'T y�1 �pR"ppI� 2 1 nn o w�P� 5g j�p ° 8008 153K5 1 error. G 92635 bPS 67 _w m7 4819 IM W C�IOi 23,957 �2,6g63 2q6.6 0 ' 0 `O "A 7s,25� NODE ORWALM DESERT. G 92260 62 —164-039 75az7 TS257 N DESERT (7EB'4 0 10,1000 2E378 12.i78 7.°OOH j7 7tA3 2'73fl4 9.90 9 000PB 67 13 L 206 TR 4182 a INT IN COPIVI AREASOR gu?' �N$� AIT CIAJ9 DM-P" DESERT, G 92260 620-164-040 ' ' 0 609 0 609 0 ry J1 �. 329715�1 TAX CODE=300 67 13 L 7 TR 4102 a IN( IN C01/QI AREAS 760t. ',000H P o 90 73�e•L cLrCA 92037 6 0-1 70-004 75027 7375D COlN1AY (LIB DR 0 PALNODE ART 00126D 0 068 Cl 72D1 I I W TAX CODE=300 � 67 13 L C P TR 4102 a INT IN CCPPM AREASMR 7yJ' ',00a 7�9o°c 0 �t B7wNM FORTOLA WENS DESERT.`CA 92261 620-1 70-005 INIC7�7 0 802 746 190 137 9e2 �3 o E,0 Cl r„ h 64269 01.46 ACRES IN POR FE 1/4 OF SEf S T5S 49 FOR TOTAL DESCRIPTION am "Cr P 0 9DL 2348•LA JOL A.G 92037 620-170-006 DESERT GREENS AS 'S°27 73750 CQMRY CLAB DR 0 PAU100E>fRT 092260 0 0 Cl J' _ TAX CODE=300 'B'1 AM PAL PI DESERT Q*TNS A55N 75027 73750 COIMm' ttlB DR P" DESERT 92260 3.20 vS 0 2201 1� X CODE=300 0SM 2346•LA JOLLA,lCJOLLA, CA 92037 6F8 6 01 L H TR 4181 7 0 0 0 0 0 8v) 0 99117714Y`{L�91�rE FiV 3RD fI-HVERLY HILLS. �'A 90210 620-180-00318014 1aD,D 39.54 � 0207 1 1 4 5 5 56�p1 39.54 ACRES IN-POR SW 1:/4 of 4C 5•T55 R6f° FO(1 TOfAL DESCR1PTIfIN %K" 0 PA0 BOW 73�8�A,CA 9:T037 640-1 80-007 �7 0 0 0 0 x'0 (1 r- 7201 11042 TAX CODE=300 FFro99 69 10 L NN TR 4115 C INT IN CUM" AREAS .. PAL11 DE RT GaErNS AS94 620-180-011 75027 73750 COUNTRY CLLB DR 0 PALM DESERT 992260 0 0 C, 0 P o EA 3—:A Jr11 A, CA `+ )37 7701 17042 _ TAX CODE=300 R'B 67 13 L IH TR 4192 a LNT IN (OR" NREAS «6 67 13 L CIS ' --- 0 13 OR FOR NATIO&IDE 'i 19e4 CORI R ESTATE REGISTER. Oi 84OE , I ;& AVWIGIY� i 0 � ! N �iE�O R E + a tt aw 'xi-t [ t0A SITIb) SS- P.P1rtp 7 /NPRV Fl1iiE EI@PT•• VST{ NMiL, Sit TER VM• 1ST-TD a0-TD TYP 1 w smlvls cN di flgmTY SCR PrION 'OTItA TYP 9C ) WE DOCiG: PYaM VE 23 SMA JOJOLILAA.0 92'037 TAK CODE=30064 6' 1 80 V 1 2 � 4173750 mwRY (LLB DR 0 PnU100E5FRi OI260 0 0 �81 Rh01�' D 9�pt{ f@ 7201 p11042 .R r,Ry-y _.�_E(_�- _U 92101. _ _ _ 62V-1 pW1 4 75027 75450 C0./1TRY Z64�966 2 483 �3 3349 6 0�1�1 119a54 C� JT gR+��E1IE rM Q312 1 E�Qp 2.0,Opp� � . . 119.54 KISS WL IN P13R SW 1/i�OF §EC 5 t5q�Rd' N rOrk LESCRI 7609 1'}J159 Z� 41`6% MfM OW U 99201 i 11C#C 75027 73450 CQ/iTRY CLLB3DR� PALM ODESERT 0 3 173 119054 JT 5ipp�irCIF. (DOM GUS.�AS: rOFy17�E1 PMILE COUNTRY CLUB LTD ) 119.54 ACRES K/L IN FOR 9i 1/4 OF SEC 5 75545E FOR TOTAL DESCRI 7K(`/, jgl 79 79 Cn/MIRU' 0.1Js GN ITV+MA DESERT, U Mj�M C 75027 73450 COWTRY (LLB DR107 P"ODE44 T5 92 5 11 O54 r9 JT MNILLIO �A (DOING�BIlS. AS: 1'ORV*V1BFY IOlI COINTRY CLUB LTD ) pp� 119.54 APES WL IN POR SW 1/4 OF SEC�55 TT05C9446EE FOR TOTAL DESCRI 7345t1 Cn Clla OAR 1t�PALN DE58tT, U 620-1 14 116EC 75027 73450 CQIRRY CUB OR10 M0�37:911 37,911 1190.54 FD �T W. (DOING &&A- AS: PDRERF1YY PMILE CONrM' CUB LTD ) 119.54 ACRES EVL 1N FOR SW 1/4 TV SEC 5 T5SR6E FOR TOTAL DESCRI 7907 154R2 7 73450 C CL1B 69WAL1�1 DESERT, CAW I t C 75027 73450 COU1fTRY (LIB DR600 P 0 44,6077",607 119054 PV Ji 39090 LAf (DOING 11 HA. AS: NOMWY MILE CQMRY CLUB LTD ) 119.54 ACRES WL IN POR SW 1/4 OF SEC 55 RTT5945C FOR TOTAL DESCRI 7608 122hT, yv 7.ZeE RRY (LLB OR DESERT. U 62P-180.07< INSEC 75017 73450 COINORY CUB DR99 FAL'10�50, 92260 50.50(1 711000M JT 'S c v (DOTU(SGt�SORA-E AS: NO TEREY�COIITRY.CUB LTD ) 11MA ACRES FVL IN FCR SW 1/4 OF SEC 5 9T05pg5425E�$p2 FOR TOTAL DE,lAI 760( 58177, LNSE cus 119.54 P% (DOING Hb. AS CaNw3 OR G3�DESERT LCA LTD ) � < C 219.54 cAC1E EVLM IN POR SL�1/< O' 0 5 75915E 00 n rA� DESCRI J79p5��y °R 4!Qd Elll�_WFLOE' 009-7p3-646 UiSEC 75027 73450 CQMRY CLUB DR104 PALM DES�T 92260 Pi0. 119.54 W Fi 15�{ �a/7 �uww�nrnn CLiB DR 104wALR1 DESERT CA 52'0-180-014 0 0 52,500 52,500 0 361Y U (WING Bb. AS: NOITEREY "ILE C"L WR Lr0 ) 119.54 AGE OR S RVL IN P SW 1/4 OF SEC 5 TSSME FOR TOTAL DESRR( 9100 16S7'5�, -+� W({M E LHUM p���qq-..77pp;j�-y,7 LNSC 75027 73/50 COINTRY CLUB DR106 PALM DESERT 9,—W 119.54 FP 73450 CCLEVTRY CUB DR 106•PALM DESERT, CA m1�014 0 0 45,946 45,946 7,000R El> (DOING OZ. AS: ROYTERfV FTBILE COLNtRY CUB LTD ) 119.54 ACRES PVL IN FOR SW 1/4 OF SEC 5 T5946E FOR TOTAL DESCRI 770.3 SO 9. ER��50p�Cp1 _ JEM/f Qp� (NSEC 75027 73450 CONTRY CLUB DR10R PALM DE T�9922W 119.54 W JT �W41N• (DOING B16S"ApNTERFY MJC�tRY ELO LTD ) 620-1 14 119.54 A@ES WL IN POR SV01/4 OF SEC 5 T59W OR TOTAL DESCRI I;I WM %V?" Rh I g GRACE •NMI M703-649 LNSEC 75027 73450 rCULTRY (L'IB DR109 PALN pEgRT 92260 119.54 K' t iald2l 7 5*0 CONrRY CLUB DR IOD•P" DESERT, CA 620-1SD-014 0 0 48,522 48,W ' 000! I 3!t?J (DOING M. AS: IOITEREY KBILF LUNTRY CLLB LTD ) 119.54 ACRES 1K(1, IN POR W 1/4 LF SEC 5 T5975F 1CRR TOTAL !YSCFi (/VUQN (tO10E $TRY MUUE BLY tER K ppS�-703-650 UaSEC 75077 73450 C(1NTRY Cf.Le DRtz2 PALM DESERT 92260 1tq.V. .P J' iCH FT SM 3I JAY U 92317 62(1-1R0-01G 0 0 60.800 fA,3D0 0 C'tw^ L TOOING VMS: QEPC Y KBILJ: CONTRY CLLB LTD ) 119.54 ACRES L'VL IN POR 4/ 1/4 U SEC 5 tSSW /CR •OTAL Dfk'NI 'r',' ..• KARSCAMp GOGA( -DOROTHY OQ0q9¢--703-655 LNiF( -1 W7 73450 rONrRv CL i P 119167 PALM DR PT 9;260 11Q S[. Ni' 73450 (GENTRY CUB DR 167•PALM DESERT, CA 620-19D-414 ,) 0 ,11,600 51.600 0 I (DOINN, 9U5. AS: MNTF%v MB:LE COUNTRY CLLB 1 TD ) 119.54 ACRES K/L IN ('UR 9.' '_4_U SF; 5 75446E 'JR 101A, P 13 HT BY (IM 198G COPMI REAL F IVA is I �,MTI�SI IS LEAS�i10� M10f DNS W "' T' CAT.OF 1 RIVERS $01L ESTATE �GI S�rTATE tEflSlFrt. QSQ972 +'1 VA M lub rim (•• 6LaE VSi{ MiLIoc 55 (OR St tlA) /'V\ EL . SS- r, -MIVISfaM NAM OR.FgCP FMMT*LMO I 1Ll-1ML E •• 815E YS�TT{ 0 @11p9g'J581� OTTE L ESTATE CA 9% 6L�.J23-1/L7 7soz7 3919e f DESERT aREEr1s 0 z5,755 6,799 32,5% 0 fR AM F j VII 50' qrt LI 16 11Z00 LL�f55133a6Z TR 4115 i /M IN C0FPM AREAS 81416� -- , •• J "5 1YFSrCNESlCg19�KU T'RV'i"?, 9Z63S 620 123�1J 0 75027 39208 E DESERT IAF.B6 pR ,0.,00",1E�,6�'S8 0 � � to _ g9�9e 9D 000 fM 10 L 5�➢gZ ,R <115 i IM IN CO■Ib1 MEppASE pfgq p 1� J <16 AS 46U AU'1 DESERT. CA BRUCE 62��23L jl 7i027 39z18 E DESERT O ENS 0 10.100D z,706 tz,�6 7,O0Dw t�' �@� Il/��tl/�2 —'SlW3 TR <I15 L [M IN C01l�UI AREAS g�5 8�1 .� R, Jr 1307 p�CIRCLEgOR-GEN • DCA JMEs IMA.Q/W 6 V�.J23�1/i 2 TR "15 9 (NtEE51� ,D. 257 1<,cB2 0 ec06 1 7�p7pr3q�01pE3t�pg�9.900 pR9�000� 91208 !� 30 ZZL Q p�gyp�yp 0 N CCF9M AREAS YR 8'1i11�ZI11�GE 1 56.65 51,5001 DESERT, J1 6 �102T—V3 <„ E INf MCVlV1 MEO.�i�S�6.399�' Y,471 53.MH3'I 7,000N 26 P `� PZI73 DESERT GUM PLA7A•LA JOLLA CA 9�2037 6 0- 23-0 �' 0 0 0 0 0 `" 6�701 4 7201 11 T20 TAX CODE=300 16/�6_9_1�0 ALL iE 4 P IN 4115 6 IM IN CV901 AREAS a% 69 10 L DOyp P" DESERT GUM ASSN 1 9CAt1 i9! -- 0 T F"W CLLBC11B DDRW" DESERT. CA T9� E. 62�.02n 5 7 o 1,272 0 I'M bnot � � 0S! Ate( 300 111��M 1 ASSNZ0 Z�2� P TR 4115 i INT M CJ"M AREASP" DESERT &&&000555 7 1720 ��u • A JOLLA CA 92037 6 J0—. 23-036 �7 0 0 0 0 bn yy lF� TAX CODE=300 111!!b!! 69 110 L Y TR 4115 i Iqf Al C0i01 IflEl►S Im Rw �c.R FaungpAr(l fE r°Ru 9 60 622-02C--W-lw4' 73zss car+rRr cue a+ o zs""�e'ep���,l 9 6% '"o 'ter67 s1c� Cl 1 r��� 7610 14% - - - - - - 7.29 ACRES PVL IN POR w 1/4 OF=SEC-8-T55 -ME FOR TbTM--OESCRI- MOO 1 V C/O 1OW Oo1E OA1c OR•SMRA AFM, CA 92705 —1J K 0 19o,7R o 190 79io6 12'1+66 7.25 AOEs IN POR w ,/t aF 5[i a lSs ItdE FOR q�ApL� oESCAIPT[a all 'XIOH or Fw RD Vel" WE•jO RRAINF— - - — - _ _ 622-020-003 ,eoa1 - e1 0 170.973 0 130,R10 0 -- 4 ec 'n - 16 9R 8407 i5c7�1 3 1106.30 1,007,St5F1000,000 4.94 ACES MVL IN POR w 1/4 OF SEC a 155 R3E fill TOTAL DESMI� at12 MOO 0 I , 03wiFt0e am.scsf,000.aOG 622-020-004 '009.66 ACRES" IVL m POR w 10 61'gC a Tss 0 61 9V 0DE9[At f all 0 AMMO" DM.E•LC MINE 622--020-005 18 41 et 0 261.947 0 1.9i710 V "1 JaI!)9°t 9147 154741 3 110e.30 1,007,545F10OO,0OO 9.67 ACES PVL IN POR MY 1/4 OF SEC a TSS �AFOOR TOTAL DE WI MR FIT FKBkjL CO 8'4 M2 '056Vr11U. CA 94507 622—V20—VV7 ' 581.0G ACRES wL IN P0A ME 1111*&�C 8 T5SoAr FOR01OTIl� d52995 0m[ 81080 o, , 6 2 �•-___.-1 J)VIR1G'1 By REAL f$IAIE PfGI S1�R, RIVERSIDE CA, 92SC11 (710781t943. A DISIRWOR FCFI N TICMfOf REAt ESTATE ,y ail Si[R. REN f A F REGIST�P BF FIVfS T'HF IWORMTIQ4 BELOW TO 0E C:Ri9F.T, (!J! DCES Fpi W'YVtlT !i5 KCLRAC�. Rr. IS INFORM% ION IS LE.ASET' ;:KM AID "INS tHT PRCPERTY CY RIVER<IDE REAL FSTA gEGISfFR 1jS �FRSI� FML_ -__ i P,jy[g� VIS FIAILING ADDRESS (OR SI R15) PMCEL-NO. SS-1'P P.f LAND [fPRV Ell-VAL E)V iF I .5if51 S- •V.IL'ya tiN RATE DOCiJJ AF S fFR VAL• 1ST-TD _3*_TD ITT, B: L01 fiJC F• _a�'Vi SION NY£ OR PROPERTY DES('21Pt 1CN SQ]/�$ (1% 9( T gHWIRO FAYf n R101C' ; % �'; .T 1.TriR.YI GEJA BG).S Llrl`W ft.V•t'l5 W+F!FS. CA 900!K 622-020-0`l8 180543.� ACW 5 M/L IN T,CP w T�c Or SEC 8 T5S °A•SE CR rc-a DI vT+t R7ry, CATS T�lµ w NTf7RR1 KATIERINE M -. 18054 RIM 4.75 yr J1 'MP PALL �ri���I INDIAN �F.LI S Laf.•f'NJA DE SE'1t CH.1% 92260 622-CI�0-009 4.75 ACRES M/1. IN PCR w 1�4 Ot SEC ? T55 GR6[ FOR TCTk Df.SR I I gyDi1 9 I IN! 25 %14VrV8 ICR RD•LOS GATOS, CA 95030 622-020-010 1 4 R101° 4 ?'> vv 'h Ham{C, (CFW 0 37,054 U 37,CS4 U i�C.'. CC RE) fm _4.75 ACRES fVL IN POP w 1/4 O SEC. 8 T5S_R6F FOR TOTAL DESCR:, 8203 48TRII 1 I _ /--_-_ W� if-�p0�7FW 71 128 ( DRKi.13MLE CALIF 91202 622-O2V-011 1 �804.75 ACRES 1'VL IN PCii w 1/4 OFFS B T55 °R6E1.0FO DTOTAL DESCRI 1 I E203 44094 1 1 1271VIS /IE�j(AY'� •yW REDRp UL1F 90731 622-020-012 18Du 0 11,037 C 11,�010 4075 YY 111 JT RI�Df ,A( rr 12'871 4.75 ACRES M/L IN FOR w 1/4 OF SEC R TSS FAE FOB TOTAL DESCRI t2R2�99 1 1 I �E- ) if 835TR¢/123iti LNTAPT C ,115V#EiJ,CRT BEACH, CA 92'660 622-020-013 tBD% 0 11,057. 0 11,07 ° 40� � I J� 425�PCA)�• 'vll l2&'2 ...:. .. 4.75 ACRES FVL LN FOR w 1/4 OF SEC'8 T5S RW FOR TOTAL DESMI 1 8107 135447 ' 1 f '8 wt-LNO EL uCAAMIINO REi REAL CIJAWTE U 92672 622-020-014 1� 0 11,037 0 11,0 o ao75 YY ; JT 4Pr$I(�VRINLL; �7501_ 12P23 - - - _ 4.75 ACRES wL IN FOR w 1/4 Of SEC 8 T5S W FOR TOTAL OESCRI' 8404 85749 1 1 1 PRO203 1. 4T vEld#E#!T CIORP-T7-S*g e D . CA927CALIFORNIA rFREST 622-020-015 '� 8l 0 77,839 0 77,Q° 40� yy J' 13245�Ji W ' 203D I, 4TN ST STE 107•SNifA RNA, U 97705 4.75 ACRES PVL IN FOR w 1/4 OF SEC a T5S R6E FOR TorAL DESCRI 8107 13310b 7 1 FT cvro3o`E DEVEUTH i s��o7A5N/fTA`A4 UIFS INVEST 622-024-016 18DSG ec o n,�3e�s °F�for ° 4.75 YY oEsa°Rvr a Jf F e2�'705T", 78(H 19� 4.75 AGES IN FOR W. 1/4 O SEC51 R101 4.75 YY F $IPi8U'.ACH� PM F&OI.LOS ANCELES. U 90067 622-020-01 ( 19"'.75 ACRES M/L IN FOR IE 10< 37.054OF SEC 8 T5S °R6E .FO5Q�tOTOTA0 DESQtI J&C416V AVEW I•E ' BERNWO 1��5"SALOS ANELES CALIF 9OD35 622-020-018 18054 0 9,048 0 9,048 0 30% rR JT 416 1 ; 75M 12B44 3.% ACRES FVL IN FOR Nd 1/4 OF SEC 8 T5S R6E FOR TOTAL. DESCRI 8108 164539 1 1 i F 1 2G9E R�SDR'�ILM SPRIkXZ, U 9WLI'EP L� 622-020-019 1�4 0 37,054 0 37,054 R1010 4a75 YY JT 100ISKN(Nr i(HO A% i 7904 6BO20 4.75 ACRES FVL IN FOR Ni 1/4 (IF SEC 8 T5S ME FOR TOTAL DESCRI Bite 2-39723 1 1 11 >93 E FN NCISERNESTD .F1I SP •F�O'0'V ELFFR L+E 622-02&-020 18D54 73165 IQVLfY LANE 0 �DESERT� 92260.R1010 <075 R7 JT 1917 AVENIDA <,v?93 EE iRANCIs ORMAL/1 SFRINGS, U 922G2 ,OS4 49 $5 i r901 68020 4.75 ACRES f1/L IN FOR W 1/4 OF SEC 8 TSS WE RFO TOTAL DESCRI 8202N2�9547 1 1 ' C�BOx 1564wALR EX DESERT, CA 92260 622-020-021 'OD54 0 8.523 0 8,523 0 4a75 r'r JT 10058 LfNY STFW 4.75 ACRES FVL IN POl NI 1/4 OF SEC 8 T5S R6E FOR TOTAL DESCRI "i 1677,"- I 1 J - C 2 i_—_--->FV. 'F'• +; N' BI RIM ESTATE FfGISj. R RIVERS(p� CA. 92501 (71<)781-69rmG3[.' A DIS,T,IBJTCR FQ, NATIOLIDf ZEAL [STATE Rr'I,iS*fR. , 6v t.N rS7AFr REGISTER BfL.E1 S i� f tr4Mj[CN BEi W TO 9E CDFt<3ECT, [LIT DOES PUT 6AFRAA I'S ACORA4r !7�'6 Tui i4fWATION IS tFkS£D FR'Y *0 "INS THE PFOPfRTT 6 RIVFPSIDE RfA( ESTATE 'QG!STER 1985 EDITION I Rlyf_RSIDf .JJ � :•. °`� ��(ft 1',-,LE> LIST_ 'T—II ' '% ! +,, :V. af.K.wf�S ifp SI'•l„ PARCEL--NO. SS-YR R.RROP LAM IPPRV FU-•VAL E,¢icT•• 9.Yt I VST— !S I _'^��.,J yrJ rt• S1MS' !fR YAL• 1Si-rD MrTD TYP FiC f'G LOT PU P. SlJ?Dlyl SfM PIMP OR Pf�RZ�SOCIPTION (OTP[R hr fit PG._.> I LATE DOC. 18D11 40049 SAGF60 D DP PAI.P4 p[5�RT 97�60 R291 1'r' SM vT)w .,., 1AW'4 c,A\ VID DI` AJJM DE SEW, (A 622-030-014 0 S,BO� D S,B92 0 I Z'S u `V., ,Y• O'1 •t v,:XA. 1610R 19 L Y/ M 11701 9306 l x ..• ui —_— IW41 <OOl5 94ZWXI) DR PAL14 DESERT 922W R2" R, � .9W (, "-POSE H�ROS[ r �c o• 6Z� 3G 1 S 111 �7,(tM 9e.000 ,25.000 %.Ofl(), 792 ,r1ry. `JVfu]fA V'•F'N.. ,E �, rA q< .•,..Fv , 115.30 Tl..w� 33.0(Y' 19 L rR :179+ I e Y I 1 _n AG T1lT1r15 EKt G(,' _ MAT 40041 SAGF600MM DR r" D[SfRf 92200.� R1 it t*tw 4"Y.' V:XM M-P" KVR1 !A 6a-030—�[_� 6 0 x,.0(1(` 'B.000 124 7,OOW 31972 851^ .'1C,'$'+ 1 159.5) 14S,0 Y !!5.0'S0 7,,790 19 L 39 TR 11791 M, 1114 rp' I ,• fAlwR VAN G•.ADv T8pL1 40033 SAGE60 D DR PAIf1 DE SEAT 922,4 Rt JT M(I(fe <(1733 ;ActunD DR vAU" tk--RT, (A 6?4-030-017 0 77.000 ,o ,aoo ,ze,ao0 7,0dH 1o7<7 ' . .155-10 141,eM* TT5,850 19 .l AO ,R 11791 ! 8M713r, 'VtAll Cu 1�G/ 1.0027 5AGF1UOD DR P" pF�'Ri 92260 FQEM RVM Iu I.'.; WTU-TD DR-"AI JA D[SIR, CA 6�2 )-030-01 8 0 7,577 88.948 9b.S.'S o <77Q w, c,n71t Th1.70 147, ( 117,5SO 72,040 `F�2FFF�G 19 L AT TR 11791 pF�R q�B�B 13306 1� ir , �yHA1! r0 /� (� /�1 18Dc, <0a2 SAci�oOD DR �7 577 TR3 819� 38e 0 R, JT M! ,,61 LQ,Is" ST-oAmfM MCA 97641 64`—V3l/—V 9 2732 ' -9f.Q3_ 56W 7 .1X[.00 1 0(YN 1�fHbN,Ot.,9 L 4' TR 11791. 9303 411 '� .. i�c TWF HCKUJ(RS 19DR1 1.71 R1 JT PtM 171 WT nlAflD Hv 83CF4.f.AFAr 11F. 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A U y U ^ M b © N R rrl e Lr c c.e/ aea ceS c y v n ® i p N w" U O V O R - -- - - - - - - - - - - - A� O3 W 0 O O N u 4 V 'I D I) V ^ V ll U 1 No•irr 5'F TO _rce�sG Q� N o 55 e4 (.� CITY RANCHO MIRAGE N'LIMOS clry O G O C/TY PALM OESCRr L/M/rt U — o n 0 0 N ca.zv , 4 61' w ^' A b " S A ®� SS 144 R + g .es J•", 91b"r a } 4O' BS' ya r90' � .,JJea fo1 4 ? g N 198� ♦ o P V O ! ? I OI 4 O 1 n rl-1r/ 48b f. ncv a O %A .es Ye O v ° r4128' C Pq n 2 w I (ll � our •• r »ae' Jsae' In y � �Ll V Je.J6 ZI V 55 I44 Per.as 7 •�. -��Jr u°. ��'�/ c +\e'' � ° I W I . 55 ^ � N o O a a OCL m ^� u .✓a'.i'er-E r3ro.zr pj yr — CITY RANCHO /WEST SECTION LINE/, MIRCSE LIMITS — T �. CITY or PALM ^JOESEFT LIMITS an > r or O C � s.♦c [, B yr rc a.i ui.♦r bes f. n n 2 C V M q q nro or n m ® o �iP � a cLw \� et O4 A IT t ee 'an3 31 0.3/ V wO V o _ "44 -gam— o SAGEk'00 O . p q q ° to f- q U gf71 t � eM1 f `p` e'3'- e O . ever.• �0e V © W �{\ a9 Fb q i E 4J ,^ ♦Po �y O - p nix ves ny nx rb a !w� � o m m O :Jqn O s9 nl ti n 9j � ♦ � b A JO ' N � L j a r,J� � U ^bb O\ cO O �� s�� 1°ly f W• J y` W � - b o i �" a �J• L M N 'V eo ee >o s a.ee z3.gee 1Ov W T1 � a ORDINANCE NO. 463 EXHIBIT "2" AFFORDABLE HOUSING INCOME AND RENT SCHEDULE - 1986 rD `N Income Rent {, Lower - $15,000 Lower - $375 'ww Ali llbA ' F 10 J 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONS.(619) 346-0611 July 24, 1986 CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP/CUP 86-22, C/Z 86-3 E DA 86-5 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by PALM DESERT VILLAS INC. , for approval of a negative declaration of environmental impact, a change of zone from PR-5 to PR-5 Senior Housing Overlay and precise plan/conditional use permit and development agreement to allow a 113 unit senior citizen housing development on 7.5 acres located on the south side of Country Club Drive 1600 feet east of Monterey Avenue, more particularly described as: APN 622-020-002 7 f r. SAID public hearing will be held on Thursday, August 14, 1986 at 7:00 p.m. in the Council Chamber at the Palm Desert City Hall , 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are Invited to attend and be heard. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the city council (or planning commission) at, or �f prior to, the public hearing. _i PUBLISH: Desert Post SHEILA R.. GILLIGAN, City Clerk August i , 1986 City of Palm Desert, California - __ ..I I _____ � . . - I - I ­ - I I-— I . 1 I . - �� . - I �� - - �� � - �ltrl "! -,� _�,f� -, I� -- -�- t,:_;iZ�---_- 1, _­4� �_�,_ REVISIONS BY �- �"' _-_ �� i ff7 -7, f � -�Jlw �:�- , I -_ 74, - " , I - � � �iv,,� .-,'I"-� , _�. -; ,,,,-% r I � �_ I -'!- -?� --4 _---I�, ,� ,� 4 , , I -�,!.j -k-'dIV, I - - ` - - . 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