HomeMy WebLinkAboutRes No 0959PLANNING COMMISSION RESOLUTION NO. 959
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT, PRECISE PLAN, ASSOCIATED PARCEL MAP
WAIVERS, AND DEVELOPMENT AGREEMENT TO ALLOW
THE CONSTRUCTION OF 10 FOURPLEXES (40 UNITS)
ON 2.31 ACRES WITHIN THE R-3 AND R-3 (3) ZONES
GENERALLY LOCATED ON THE NORTH SIDE OF
DRIFTWOOD DRIVE, EAST OF DEEP CANYON ROAD.
CASE NO. PP 84-13, PMW 84-5,6,7 and 8
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 5th day of June, 1984, hold a duly noticed public hearing to consider a
request by NELSON DEVELOPMENT COMPANY, INC., for approval of a Negative
Declaration of Environmental Impact, Precise Plan, Parcel Map Waivers, and
Development Agreement, to allow construction of 10 fourplexes (40 units) on 11
existing lots totaling 2.31 acres within the R-3 and R-3 (3) zones, located on the
north side of Driftwood Drive, east of Deep Canyon Road.
WHEREAS, said application has complied with the requirements of the "City
of Palm Desert Procedures for Implementation of the California Environmental
Quality Act, Resolution No. 80-89," in that the director of environmental services
has determined that the project will not have a significant impact on the
environment and a Negative Declaration has been prepared.
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be hear, said planning
commission did find the following facts to exist to justify their actions:
1. The design of the proposed use complies with the requirements of the
zoning ordinance, will be compatible with surrounding uses, and will
not depreciate property values in the vicinity.
2. The change of zone and precise plan are consistent with the policies of
the adopted Palm Desert General Plan and complies with standards for
affordable housing high density development outlined in the proposed
housing element.
3. The proposed development agreement insures compliance with Section
65951 of the California Government Code.
4. The parcel map waiver lot line adjustments comply with all applicable
zoning ordinance, general plan, and public improvement requirements.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the
findings of the commission in this case;
2. Precise Plan 84-13 Exhibit "A" is hereby approved subject to attached
conditions;
3. Parcel Map Waivers 84-5,6,7, and 8, Exhibits B, C, D, and E, are
hereby approved.
4. Approval of the Nelson Development Agreement, Exhibit "F," is
recommended to city council;
5. A Negative Declaration of Environmental Impact is hereby approved.
-1-
PLANNING COMMISSION RESOLUTION NO. 959
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 5th day of June, 1984, by the following vote, to wit:
AYES: CRITES, DOWNS, ERWOOD, RICHARDS, WOOD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
`"RAMON A. DIAZ, Secretary
/tm
-2-
UFOR 1 CRITES, Chairman
f .
PLANNING COMMISSION RESOLUTION NO. 959
CONDITIONS OF APPROVAL
Case No. PP 84-13
Department of Environmental Services:
1. This approval is contingent upon the execution of a development agreement,
specifying terms and conditions for the provision of 10 units affordable by
moderate income households.
2. Prior to the issuance of a building permit for construction of any uses
contemplated by this approval, the applicant shall first complete all the procedural
requirements of the city which include, but are not limited to, design review and
building permits.
3. The development of the property shall conform with all approved exhibits on file
with the Department of Environmental Services and to all municipal, state, and
federal statutes now in force or which hereafter may be in force.
4. Construction of a portion of said project shall commence within one year from the
date of final approval unless a time extension is granted; otherwise said approval
shall become null, void and of no effect whatsoever.
5. Prior to issuance of a building permit for construction of any use contemplated by
this approval, the applicant shall first obtain permits and/or clearance from the
following agencies:
Riverside County Department of Health
Palm Desert Architectural Commission
City Fire Marshal
Coachella Valley Water District
6. Provisions for mail service shall be coordinated with the Palm Desert Branch U.S.
Postal Service.
7. Location and design of trash enclosures shall be coordinated with Palm Desert
Disposal Co.
8. Applicant shall pay school impact fees of $628 per unit or as determined by Desert
Sands Unified School District.
Department of Public Works:
9. Drainage and signalization fund fees, as required by city ordinance, shall be paid
prior to recordation of the final map.
10. Full public improvements, including traffic safety lighting, as required by
ordinance and the Director of Public Works, shall be installed in accordance with
City standards.
11. Complete improvement plans and specifications shall be submitted, as required by
ordinance, to the City Engineer for checking and approval before construction of
any improvements is commenced. The subdivider shall submit "as -built" plans prior
to acceptance of the subdivision improvements by the city.
12. Landscaping maintenance on Sage Brush and Driftwood shall be provided by
property owner.
13. Complete grading plans and specifications shall be submitted, as required by city
ordinance, to the city engineer for checking and approval prior to issuance of any
permits.
-3-
PLANNING COMMISSION RESOLUTION NO. 959
14. Installation of curb and gutter at 18 feet from centerline, matching paving and
sidewalk on Sage Brush and Driftwood, or as approved by director of public works.
15. Offsite improvement plans to be approved by Public Works Department and a
surety posted to guarantee the required offsite improvements prior to building
permits being issued.
16. Only six driveway approaches will be allowed to serve this property. Size and
location to public works specifications.
City Fire Marshal:
17. Install a water system capable of delivering 2500 GPM fire flow from any fire
hydrant for a 2 hour duration in addition to domestic supply. The computation shall
be based upon a minimum of 20 psi residual operating pressure in the supply main
from which the flow is measured at the time of measurement. Fire flow
requirements will depend on built-in fire protection provisions of buildings.
18. Install Riverside County super fire hydrants located at each intersection:
a. but not greater than 400 feet apart in any direction.
b. so that no point of any building is more than 250 feet from a fire hydrant
measured along approved vehicular travel ways.
c. exterior surface of hydrant barrels and heads shall be painted chrome
yellow, and the tops and nozzle caps shall be painted green.
d. curbs shall be painted red 15 feet in either direction from each hydrant.
e. hydrants shall not be located closer than 25 feet to any building.
19. Prior to recordation of the final map, the developer shall furnish the original and
three copies of the water system plan to the Fire Marshal for review.
20. Prior to issuance of a building permit, the developer shall furnish the original and
three copies of the water system plan to the Fire Marshal for review. Upon
approval, one copy will be sent to the building department and the original will be
returned to the developer.
21. The water system plan shall be signed by a registered civil engineer and approved
by the water company, with the following certification: "I certify that the design
of the water system in PP 84-13 is in accordance with the requirements prescribed
by the Fire Marshal."
22. Prior to delivery of combustible materials to the building site, the required water
system shall be installed, operating and delivering the required flow.
23. Additional fire protection requirements may be necessary when the applicant
submits specific plans for consideration and approval.
-4-
PLANNING COMMISSION RESOLUTION NO. 959
EXHIBIT "F"
NELSON DEVELOPMENT COMPANY, INC.
AFFORDABLE HOUSING AGREEMENT
This agreement, made as of this day of
, 1984, between the City
of Palm Desert, a California municipal corporation (hereinafter "CITY") and Nelson
Development Company, Inc., (hereinafter "DEVELOPER") provides:
Recitals
1. DEVELOPER is owner of certain real property located within the City of Palm
Desert, California, which property is described in Exhibit 1, attached hereto and
made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and
been granted a density bonus pursuant to Section 65915 of the California
Government Code and approval of a precise plan (PP 84-13) to construct 40
residential rental units on the PROPERTY.
2. As a condition of said approvals, CITY has required that a specified number of
units within Precise Plan 84-13 (hereinafter "PROJECT") would be set aside for
moderate income occupants subject to restrictions necessary to insure the
continued occupancy of said units by moderate income households.
3. DEVELOPER and CITY desire to further memorialize and implement the conditions
of said approval and do hereby agree to the following terms and conditions.
Agreement
1. DEVELOPER has been conditionally granted permission by the CITY to construct
40 rental residential units on the PROPERTY by Precise Plan 84-13 and Planning
Commission Resolution No. 959 . As a condition of said approvals DEVELOPER
is required, and hereby agrees to reserve for rent 10 units for moderate income
households. Hereinafter these 10 units shall be referred to as "MODERATE
AFFORDABLE UNITS."
Each fourplex building within the project shall contain one moderate
affordable unit.
2. As used herein, "moderate income households" shall refer to families or
individuals whose gross income does not exceed 100% of the Riverside/San
Bernardino County median income based upon financial and demographic
information received from the United States Department of Housing and
Community Development (HUD) or its successor agency. This information is
contained in "Exhibit 2" and shall be updated automatically as information is
obtained from HUD. If in the future more relevant or timely data is made
available by other officially recognized agencies, the applicant may request
amendment of this agreement to include such data.
-1-
PLANNING COMMISSION RESOLUTION NO. 959
3. Rent for affordable units shall not exceed 30% of the gross income of
moderate income households. One bedroom, one bath units shall be based on
income figures for two person households; two bedroom, one bath units,
three person households; and, two bedroom, one bath units, four person
households; and three bedroom, two bath units, six person households,
resulting in the following maximum initial rents. These rents shall be
adjusted per Article 2 of this agreement.
Maximum Rents Maximum Income
1 bedroom 1 bath $501 $20,062
2 bedroom 1 bath $564 $22,562
2 bedroom 2 bath $628 $25,100
3 bedroom 2 bath $737 $28,250
4. The DEVELOPER or his assigned management agent shall be responsible for
determining elgibility of prospective tenants. Prior to opening the project
the DEVELOPER shall submit for approval a plan to the CITY describing the
procedure for determining and enforcing eligibility requirements. This plan
shall include annual qualification by all eligible households and a semi-
annual audit at the DEVELOPER'S cost by the CITY or its assigned agents
determining compliance with all aspects of this agreement.
5. The DEVELOPER shall not discriminate on the basis of race, creed, sex,
national origin, or age. The MODERATE AFFORDABLE UNITS shall be
equipped in the same fashion and their exterior shall be identical in quality
and desirability as other units in the project. The AFFORDABLE UNITS
shall be evenly dispersed throughout the project. The exact location of the
AFFORDABLE UNITS shall be changed from time to time as vacancies
permit.
6. The DEVELOPER shall maintain the quality of the buildings, grounds and
recreation facilities consistent with their condition at the time of issuance
of certificate of occupancy.
7. The term of this agreement shall run for thirty years during which period 10
aforementioned MODERATE AFFORDABLE UNITS shall be reserved for
moderate income households. During the first ten years of this agreement
the entire PROJECT shall be maintained as rental housing. Thereafter the
DEVELOPER or his successor may apply to amend this agreement to allow
condominium conversion. The DEVELOPER will be required to conform to
all applicable zoning and building regulations. The amendment would
include a program to maintain the availability of the MODERATE
AFFORDABLE UNITS for lower income households throughout the
remaining term of the agreement.
8. The provisions of this agreement shall run with, burden and bind the
DEVELOPER and his successors. This AGREEMENT shall be made part of
the CC&R's for each lot of the PROJECT. The provisions hereof shall be
-2-
PLANNING COMMISSION RESOLUTION NO. 959
enforceable by appropriate legal action brought by the CITY. In the event
legal action is brought to enforce any provision hereof, the prevailing party
shall be entitled to reasonable attorney's fees together with other legally
allowable costs.
9. This agreement shall be reviewed by the CITY planning commission every 6
months, at which time the applicant or his successor shall be required to
demonstrate good faith compliance with the terms of the agreement. If as a
result of this review, the commission finds and determines, on the basis of
substantial evidence, that the applicant has not complied in good faith with
terms or conditions of the agreement, it shall recommend to the city council
that the agreement be modified or terminated. If the city council concurs
with the planning commission recommendation, the AGREEMENT shall be
modified or terminated. Proceeding before the city council shall be a
noticed public hearing. If at the time of the hearings substantial
improvements have not yet occurred on the site, termination of the
AGREEMENT will also involve revocation of all previous approvals and
permits associated herewith and the zoning of the property. If substantial
improvements are already in place and modifications acceptable to the
CITY cannot be negotiated then enforcement of provisions of this
agreement shall be pursued through legal action per No. 8 of this
AGREEMENT.
10. The AGREEMENT shall be construed according to the laws of the State of
California. If any portion of the AGREEMENT is for any reason held to be
unenforceable, such determination shall not affect the validity of the
remaining portions.
11. Each of the parties hereto covenants and agrees that it has the legal
capacity to make the AGREEMENTS herein contained, that each
AGREEMENT is binding upon that party and that this AGREEMENT is
executed by a duly authorized official acting in his official capacity.
IN WITNESS WHEREOF the parties have executed this Agreement the year and
date first above written.
(Notarized)
ATTEST:
THE CITY OF PALM DESERT
By
By
NELSON DEVELOPMENT COMPANY, INC.
By
-3-
PLANNING COMMISSION RESOLUTION NO. 959
EXHIBIT "1"
LEGAL DESCRIPTION OF PROPERTY
Lots 15-18 and 23-29 of Shadow Hills Estates, MB 31/1-3 in the S.E. 1/4 of section
21, T5S, RGE, SBM.
-4-
PLANNING COMMISSION RESOLUTION NO. 959
EXHIBIT "2"
HUD MEDIAN INCOME LIMITS
March, 1983
PERSON IN FAMILY
2 $20,062
3 $22,562
4 $25,100
6 $28,250
PLANNING COHiiISSION RESOLUTION NO.. gag'
Z C
r-r
91;
(TOmZ
33
�rn
aC
rn
O
rn
z
0
O
1
$
E
I I i
E
ipzi I §ailisil
91
t=2
oeEp'CANYCN ROAD
0
/ g .4
s i >
1 I
ORFTW000 DRIVE
f
1
PLANNING COMMISSION RESOLUTION NO. 959
0• 3' 10' 45"
P. 167.1e'
L= 10. 31'
Ts 5.19'
Nye..loo O'
As 14•0e' lo"
R• 181.18'—
L•44.1e'
T. 23.21' In
et
ea
1/41
In
lo'
N.0' o2 0O" W.
II -.48
PARCEL 1
110.00'
N.89'58'0
SCALE: I"=5o'
N. 0•oz'oo"w.
R/w DEDICATION
PER INST.*
RECOrow
PORTION OF LOT IS 4 LOTS
21,284 21 of 5uAG0w
WILLS ESTATE'S , Me 31/1.3
Lot Nos.
CITY OF
PALM DESERT
DEPARTMENT
OF
ENVIRONMENTAL
SERVICES
E%NIBIT
CASE macular
N.89'58'o0'
N.0'02'00.W.
0
v
I.o'
110. 00'
PARCEL 4
27
110.00
PARCEL. 3
28
110.00'
O
O
0
PARCEL 2
29
110.00'
N.0.O2' 00"W.
30
0
0
R/W DEDICATION
PER INST. �►
RECORDED
3AGE8RUSN DRIVE
DRIFTWOOD DRIVE
Street name
0
0
0
•
5'
O
0
O
3
6225-142.011, 025, 029,0W0
A.P. Nos.
ADJUSTMENT PLAT - City of Palm Desert
Prepared bin --
Charles !laver and Assoc.
74 390 Hwy. 111
Palm Desert, Ca. 92260
(619) 346-7481
Charles J. Haver RCE 9503
Date:
Applicant:
NELSON ceVELOPMENT
1(.43i MILLI KL.N AVE.
IRVINE, CA. 92714
(714) Goo• 0404
141t) $49- IOSS
CO.
Approved by:
Director of Public Works
RCE No. 29450
Date:
PLANNING COMMISSION RESOLUTION NO. 959
R/W DEDICATION
PER INST.
RECORDED
N.0'o R. co" W.
N. 0. 00' 31' E
a
0
1-
0
0
al
t-
110.00'
PARCEL 4 2,
N. O"Or 00" W.
110.00'
PARCEL 3
cS
110.00'
PARCEL 2
G G�
10.00'
118.46'
N.O.OY00'W. 113.(.l
N.61'55'Oo"E. I.00
PARCEL 1
PARCEL. 4
110.00'
4.0.02.00" W.
R/W DEDICATION
PER INST. a:
aiCORD60
DRIFTWOOD
R/W C7EOIGATION CITY OF
�•./ PER INST. 'k PALM DESERT
SCALE: 1"=50' RBCORDGO DEPARTMENT
OF
ENVIRONMENTAL •
SERVICES
DfHIBI1
NO. l�
PoeTION of LOT la 4 LOTS CASE N•. - •L
Zt ZS Z6 4 Z'T of SµA00W SAGEaRU541 DRIVE GZE•14 -Oea, 025, OZ4,0Z7,0Z8
BILLS ESTATES, MC 31/1-3 DRIFTWOOD DRIVE
Lot • Nos. Street name A.P. Nos. •
ADJUSTMENT PLAT - City of Palm Desert
Prepared byt -
Charle. Haver and Assoc.
74-390 }bey. 111
Pala Desert, Ca. 92260
(619) 346-7481
Charles J. Haver RCE 9503
Dete:
Applicant:
NELSON DEVELOPMENT CO.
14451 MILLIKEN AVE.
IRVINE, CA. 12114
(114) G40•0404
Ics,1) 345• lo55
Approved by:
Dlractor et Public Woks
RCE No. 21450
0ata:
PLANNING COMMISSION RESOLUTION NO. 959
A. I7' 16' 55"
R• 1E7.18' —
L• 54. 57'
T. 2e . 50'
d•IG•00'45"
R • 110'
L• 30.74'
T. 15.41'
d• G1.00' 45"
R• 50.00'
L • 53.24'
T• 29. 4G'
d• 43.00'0
R• 50.00'
L:39.21'
7. 20.11'
R/W DEDICATION �o
PER INST.0 -
RECORDED
SCALE:1"•50'
LOTS 15, Ir., IT 4 la
OF SNADOW MILLS
ESTATES , MD 31/I.3
Lot Nos.
2
N. Oo O2'QQO'
110.46'
PARCEL 4
iS
110.00•
PARCEL. 3
17 r-
8
PARCEL 2
d• 46 00'oo,.
R• 50.00'
L•39.21
T• 20.71
m 53.40'
13 ;� w.o•es'oo•w.
V
11.0'02'00 W.
0
0
•
2
0
0
c
b
2
CITY OF
PALM DESERT
DEPARRTFRI ENT
O
ENVIRONMENTAL
SERVICES
EXHBITt
NO.
CASE NO.`$w1t- ^
SAGEBRUSH DRIVE 4250I42-oea,o17,o1e.o19
Street name A.P. Nos.
ADJUSTMENT PLAT City of Palm Desert
Prepared by;' -
Marlaa Haver and Aimee.
74-790 Hey. 111
Pala Desert, Ca. 92260
(619) 346-7481
Chula J. Hawse RC! 9503
Dees:
Applicant:
NELSON OEVELOPMENT CO.
I41431 MILLIKEN AVE.
IRVINIE, CA. 927I4
(114) G4o-o4C4
(4I9) 346- 1055
444t
Approved by:
DIrtctor of Public Work*
ROE No. 294159
Data:
PLANNING COMMISSION RESOLUTION NO. 959
R/W O .OICATION
PER INsr.
't
RECORDED
e• cot '5'7'zq•
R ■ 20.00'
L = 31.40'
T I I1.t,
SCALE: I"= 50'
PORTION OF LOT 234 24 OF
514A00W (WILLS ESTATDS M651/1.3
o iJ. 0' 00' 31" E.
0
0
1
0
2
0
In
9o.oz'
PARCEL. 2
C .P
110.00'
r
N. 0' 00' 31" E.
PARCEL 1
P'ARCEL 4
110.00'
N.0'O2'00"W.
DRIFTWOOD DRIVE
CITY OF
PALM DESERT
DEPARTMENT
OF
ENVIRONMENTAL
SERVICES
E%Ni81T
NO.
CASE NO.33ltek
RAN DEOICATICN
Pax iiki5T.s.
gacost vac
625• 142-0E4,025
Lot Nos. Street name A.P. Nos. •
ADJUSTMENT PLAT - City of Palm Desert
Prepared by:-
Charles Haver and Assoc.
74•-390 Hwy. 111
Palm Desert• Ca. 92260
(619) 346-7481
Charles J. Haver RCE 9503
Date:
Applicant:
NELSON DEVELOPMENT CO.
16451 MILLIKEN AVE.
IRVINE, CA. 12714
(114) 440-0404
(4111) 345- 1055
Approved by:
Olrsctor of Public Works
RCE No. 29459
Dates: