HomeMy WebLinkAboutRes No 0947PLANNING COMMISSION RESOLUTION NO. 947
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING TO CITY COUNCIL APPROVAL OF
A CHANGE OF ZONE, PRECISE PLAN OF DESIGN,
DEVELOPMENT AGREEMENT, AND A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT TO
ALLOW CONSTRUCTION OF A 512 UNIT
APARTMENT PROJECT ON THE SOUTH SIDE OF
COUNTRY CLUB DRIVE, 1800 FEET EAST OF
MONTEREY.
Case Nos. C/Z 84-1, PP 84-3, and DA-3
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 1st day of May, 1984, hold a duly noticed public hearing to
consider a request by WESTERN COMMUNITY DEVELOPERS for a change of
zone from PR-5 to AHDPR-22, a precise plan of design, development agreement
and negative declaration of environmental impact to allow construction of 512
apartment units on 24.17 acres located on the south side of Country Club Drive,
1800 feet east of Monterey Avenue.
WHEREAS, said application has complied with the requirements of the
"City of Palm Desert Procedure for Implementation of the California
Environmental Quality Act, Resolution No. 80-89", in that the director of
environmental services has determined that the project will not have a negative
impact on the environment and a Negative Declaration has been prepared.
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments if any, of all interested persons desiring to be heard,
said planning commission did find the following facts to exist to justify their
actions, as described below:
1. The land use and density resulting from the change of zone will
be compatible with adjacent proposed areas.
2. The design of the proposed use complies with the requirements
of the zoning ordinance, will be compatible with surrounding
uses and will not depreciate property values in the vicinity.
3. The change of zone and precise plan are consistent with the
policies of the adopted Palm Desert General Plan and complies
with standards for affordable housing high density development
outlined in the proposed housing element.
4. The proposed development agreement insures compliance with
all aspects of the change of zone and precise plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute
the findings of the commission in these cases;
2. That the planning commission does hereby recommend to the
city council approval of a change of zone from PR-5 to AHDPR
- 22 S.P. as shown on Exhibit "A", Precise Plan Exhibits "B" and
Redevelopment Agreement 3 Exhibit "C."
3. A Negative Declaration of Environmental Impact is hereby
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PLANNING COMMISSION RESOLUTION 947
recommended to city council for approval subject to attached
conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 1st day of May, 1984, by the following
vote, to wit:
AYES: CRITES, DOWNS, ERWOOD, AND RICHARDS
NOES: NONE
ABSENT: NONE
ABSTAIN: WOOD
ATTEST:
AMON A DIAZ, SECRE
/tm
ARY
RALPH B. WOOD, Chairman
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PLANNING COMMISSION RESOLUTION NO. 947
Conditions of Approval
C/Z 84-1 and PP 84-3
Department of Environmental Services:
1. This approval is contingent upon final adoption of the proposed Housing Element to
the Palm Desert General Plan, GPA 84-01 and execution of a development
agreement.
2. Prior to the issuance of a building permit for construction of any uses
contemplated by this approval, the applicant shall first complete all the procedural
requirements of the city which include, but are not limited to, design review and
building permits.
3. The development of the property shall conform with all approved exhibits on file
with the Department of Environmental Services and to all municipal, state and
federal statutes now in force or which here after may be in force.
4. Construction of a portion of said project shall commence within one year from the
date of final approval unless a time extension is granted, otherwise said approval
shall become null, void and of no effect whatsoever.
5. Prior to issuance of a building permit for construction of any use contemplated by
this approval, the applicant shall first obtain permits and/or clearance from the
following agencies:
Riverside County Department of Health
Palm Desert Architectural Commission
City Fire Marshal
Coachella Valley Water District
6. Provisions for mail service shall be coordinated with the Palm Desert Branch U.S.
Postal Service.
7. Location and design of trash enclosures shall be coordinated with Palm Desert
Disposal Co.
8. Applicant is granted a 10% parking modification as permitted by code subject to
posting a $10,000 bond or letter of credit to cover potential future conversion of
two tennis courts to parking areas as determined by the city. The bond or letter of
credit shall be in effect for five years after the total completion of the project.
9. Architectural commission shall review and attempt to provide architectural relief
of linear nature of the perimeter buildings.
Department of Public Works:
9. Drainage and signalization fund fees, as required by City ordinance, shall be paid
prior to issuance of Building Permits.
10. Drainage facilities shall be provided, per Ordinance No. 218 and the Master
Drainage Plan, to the specifications of the Director of Public Works.
11. Additional storm drain construction shall be contingent upon a drainage study by
the private engineer.
12. 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.
13. Improvement plans for water and sewer systems shall be approved by the
respective service districts.
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PLANNING COMMISSION RESOLUTION NO. 947
14. Complete improvement plans and specifications shall be submitted, as required by
ordinance, to the City Engineer for checking and approval before construction of
any improvements is commenced.
15. Landscaping maintenance on Country Club shall be provided by the owner.
16. Existing utilities on Country Club shall be undergrounded.
17. Traffic safety striping on Country Club 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.
18. 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.
19. Dedication of 11 feet of right-of-way on Country Club Drive shall be done prior to
issuance of any permits and approval of plans.
20. Installation of curb and gutter at 43 feet from centerline, matching paving and
sidewalk on Country Club Drive.
21. Offsite improvement plans to be approved by Public Works Department and a
surety posted to guarantee the required offsite improvements prior to building
permits being issued.
22. Installation of one-half landscaped median in Country Club or cash payment for
one-half the cost of landscaped median at the option of the Director of Public
Works.
23. Size, number and location of driveways to Public Works specifications.
Fire Marshal:
24. Install a water system capable of delivering 2500 - 3000 GPM fire flow from any
fire hydrant for a 2 - 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.
Fire flow requirements will depend on built-in fire protection provisions of
buildings.
25. Install Riverside County super fire hydrants located at each intersection:
a. but not greater than 400 - 500 feet apart in any direction.
b. so that no point of any building is more than 200 - 250 feet from a fire
hydrant measured along approved vehicular travel ways.
c. exterior surface of hydrant barrels and heads shall be painted chrome
yellow, and the tops and nozzle caps shall be painted green.
26. Prior to recordation of the final map, the developer shall furnish the original and
three copies of the water system plan to the Fire Marshal for review.
27. Prior to issuance of a building permit, the developer shall furnish the original and
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.
28. The water system plan shall be signed by a registered civil engineer and approved
by the water company, with the following certification: "I certify that the design
of the water system in PP 84-3 is in accordance with the requirements prescribed
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PLANNING COMMISSION RESOLUTION NO. 947
by the Fire Marshal."
29. Prior to delivery of combustible materials to the building site, the required water
system shall be installed, operating and delivering the required flow.
30. Additional fire protection requirements may be necessary when the applicant
submits specific plans for consideration and approval.
31. Clubhouse must be protected by a supervised automatic fire sprinkler system.
32. Fire lanes are required for access and clearance for emergency vehicles.
33. An approved fire alarm system may be required.
34. Porte cochere height minimum is 13Y2 feet.
35. All buildings with walls greater than 150 feet from the designated vehicular fire
access lanes must be protected by an approved fire sprinkler system.
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PLANNING COMMISSION RESOLUTION NO. 947
EXHIBIT "C"
WESTERN COMMUNITY DEVELOPERS
AFFORDABLE HOUSING AGREEMENT
This agreement, made as of this day of , 1984, between the City
of Palm Desert, a California municipal corporation (hereinafter "CITY") and Western
Community Developers, (hereinafter "DEVELOPER") provides:
Recitals
1. DEVELOPER is owner of certain real property located within the City of Palm
Desert, California, which property is described in Exhibit 1, attached hereto and
made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and
been granted a change of zone (C/Z 84-1) of PROPERTY to AHDPR-22 and
approval of a precise plan (PP 84-3) to construct 512 residential rental units on the
PROPERTY.
2. As a condition of said approvals, CITY has required that a specified number of
units within Precise Plan 84-1 (hereinafter "PROJECT") would be set aside for
lower income occupants subject to restrictions necessary to insure the continued
occupancy of said units by lower income households.
3. DEVELOPER and CITY desire to further memorialize and implement the conditions
of said approval and do hereby agree to the following terms and conditions.
Agreement
1. DEVELOPER has been conditionally granted permission by the CITY to construct
512 rental residential units on the PROPERTY by Change of Zone 84-1, Ordinance
, Precise Plan and Planning Commission Resolution No. . As a
condition of said approvals DEVELOPER is required, and hereby agrees to reserve
for rent 103 units for lower income households. Hereinafter these 103 units shall
be referred to as "AFFORDABLE UNITS".
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PLANNING COMMISSION RESOLUTION NO. 947
These AFFORDABLE UNITS shall consist of 38 one -bedroom one -bath, 65
two -bedroom two bath units.
2. As used herein, "low income households" shall refer to families or individuals
whose gross income does not exceed 80% of the Riverside County median
income based upon financial and demographic information received from the
United States Department of Housing and Community Development (HUD)
or its successor agency. This information is contained in "Exhibit 2" and
shall be updated automatically as information is obtained from HUD. If in
the future more relevant data is made available by other officially
recognized agencies, the applicant may request amendment of this
agreement to include such data.
3. Rent for affordable units shall not exceed 30% of the gross income of lower
income households. Thirty-eight one bedroom, one bath units shall be based
on income figures for two person households; 22 two bedroom, two bath
units, 3 person households; and, 43 two bedroom, two bath units, four person
households, resulting in the following maximum initial rents. These rents
shall be adjusted per Article 2 of this agreement.
38 - 1 bedroom 1 bath $401
22 - 2 bedroom 1 bath $451
43 - 2 bedroom 2 bath $502
4. The DEVELOPER or his assigned management agent shall be responsible for
determining elgibility of prospective tenants. Prior to opening the project
the DEVELOPER shall submit for approval a plan to the CITY describing the
procedure for determining and enforcing eligibility requirements. This plan
shall include annual qualification by all eligible households and a semi-
annual audit at the DEVELOPERS cost by the CITY or its assigned agents
determining compliance with all aspects of this agreement.
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PLANNING COMMISSION RESOLUTION NO. 947
5. The DEVELOPER shall not discriminate on the basis of race, creed, sex,
national origin, or age. The AFFORDABLE UNITS shall be equipped in the
same fashion and their exterior shall be identical in quality and desirability
as other units in the project. The AFFORDABLE UNITS shall be evenly
dispersed throughout the pojrect. The exact location of the AFFORDABLE
UNITS shall be changed from time to time as vacancies permit.
6. The DEVELOPER shall maintain the quality of the buildings, grounds and
recreation facilities consistent with their condition at the time of issuance
of certificate of occupancy. The DEVELOPER shall post a $25,000 bond or
other satisfactory security assuring the performance of any work the CITY
feels is necessary to meet this requirement in a form satisfactory to the
CITY.
7. The term of this agreement shall run for thirty years during which period
103 aforementioned AFFORDABLE UNITS shall be reserved for lower
income household. During the first ten years of this agreement the entire
PROJECT shall be maintained as rental housing. Thereafter the
DEVELOPER or his successor may apply to amend this agreement to allow
condominium conversion. The DEVELOPER will be required to conform to
all applicable zoning and building regulations. The amendment would
include a program to maintain the availability of the AFFORDABLE UNITS
for lower income households throughout the remaining term of the
agreement.
8. The provisions of this agreement shall run with, burden and bind the
DEVELOPER and his successors. The provisions hereof shall be enforceable
by appropriate legal action brought by the CITY. In the event legal action is
brought to enforce any provision hereof, the prevailing party shall be
entitled to reasonable attorney's fees together with other legally allowable
costs.
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PLANNING COMMISSION RESOLUTION NO. 947
9. This agreement shall be reviewed by the CITY planning commission every 6
months, at which time the applicant or his successor shall be required to
demonstrate good faith compliance with the terms of the agreement. If as a
result of this review, the commission finds and determines, on the basis of
substantial evidence, that the applicant has not complied in good faith with
terms or conditions of the agreement, it shall recommend to the city council
that the agreement be modified or terminated. If the city council concurs
with the planning commission recommendation the agreement shall be
modified or terminated. Proceeding before the city council shall be a
noticed public hearing. If at the time of the hearings substantial
improvements have not yet occurred on the site, termination of the
AGREEMENT will also involve revocation of all previous approvals and
permits associated herewith and the zoning of the property shall revert to
PR-5. If substantial improvements are already in place and modifications
acceptable to the CITY cannot be negotiated then enforcement of provisions
of this agreement shall be pursued through legal action per No. 8 of this
AGREEMENT.
10. The AGREEMENT shall be construed according to the laws of the State of
California. If any portion of the AGREEMENT is for any reason held to be
unenforceable, such determination shall not affect the validity of the
remaining portions.
11. Each of the parties hereto covenants and agrees that it has the legal
capacity to make the AGREEMENTS herein contained, that each
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PLANNING COMMISSION RESOLUTION NO. 947
AGREEMENT is binding upon that party and that this AGREEMENT is
executed by a duly authorized official acting in his official capacity.
IN WITNESS WHEREOF the parties have executed this Agreement the year and
date first above written.
THE CITY OF PALM DESERT
By
By
WESTERN COMMUNITY DEVELOPERS
(Notarized) By
ATTEST:
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PLANNING COMMISSION RESOLUTION NO. 947
EXHIBIT "1"
PARCEL 1:
The East 10 acres of the West 30 acres of the Northeast quarter of the Northwest quarter
of Section 8, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of
Palm Desert, County of Riverside, State of California, according to the official plat
thereof.
EXCEPT the Northerly 44.00 feet as granted to the County of Riverside by deed recorded
April 14, 1958, in Book 2254, Page 592 of Official Records of Riverside County,
California.
ALSO EXCEPT from said land, an undivided 1/16 of all coal, oil, gas and other mineral
deposits in said land, as reserved in the Patent from the State of California, recorded
November 28, 1949, as Instrument No. 3235.
PARCEL 2:
The East 15 acres of the West 30 acres of the Northeast quarter of the Northwest quarter
of Section 8, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of
Palm Desert, County of Riverside, State of California, according to the official plat
thereof.
EXCEPT the East 10 acres.
ALSO EXCEPT the Northerly 44.00 feet as granted to the County of Riverside by deed
recorded April 14, 1958, in Book 2254, Page 592 of Official Records of Riverside County,
California.
ALSO EXCEPT from said land, an undivided 1/16 of all coal, oil, gas and other mineral
deposits in said land, as reserved in the patent from the State of California, recorded
November 28, 1949 as Instrument No. 3235.
PARCEL 3:
The East 10 acres of the Northeast quarter of the Northwest quarter of Section 8,
Township 5 South, Range 6 East, San Bernardino Meridian, in the City of Palm Desert,
County of Riverside, State of California, according to the official plat thereof.
EXCEPT the Northerly 44.00 feet thereof as granted to the County of Riverside, by deed
recorded April 14, 1958, in Book 2254, Page 592 of Official Records.
ALSO EXCEPT from said land, an undivided 1/16 of all coal, oil, gas and other mineral
deposits in said land, as reserved in the Patent from the State of California, recorded
November 28, 1949 as Instrument No. 3235.
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PLANNING COMMISSION RESOLUTION NO. 947
EXHIBIT "2"
SECTION 8
INCOME LIMITS"
March 1983
Persons
in the
Family Riverside/San Bernardino
1. Very Low Income $ 8,800
Other Low Income 14,050
2. Very Low Income 10,050
Other Low Income 16,050
3. Very Low Income 11,300
Other Low Income 18,050
4. Very Low Income 12,550
Other Low Income 20,100
5. Very Low Income 13,550
Other Low Income 21,350
6. Very Low Income 14,550
Other Low Income 22,600
7. Very Low Income 15,550
Other Low Income 23,850
8. Very Low Income 16,550
Other Low Income 25,100
Definitions:
Very Low Income: These are households with incomes that do not exceed 50% of the
median family income for a four -person household. Persons with incomes below this
amount are to be the principal beneficiaries of housing assistance programs.
Other Low Income: Households with incomes above the Very Low Income limit, but below
80% of the median family income for a four -person household.
1The HUD Income Limits were issued as of March 1, 1983. These Section 8 limits
may be in effect for one or more years.
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