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HomeMy WebLinkAboutRes No 0960PLANNING COMMISSION RESOLUTION NO. 960 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 104 UNIT APARTMENT PROJECT ON THE SOUTH SIDE OF HOVLEY LANE, EAST OF BEACON HILL. Case Nos. C/Z 84-5, PP 84-12, and DA-4 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 PALM DESERT PARTNERS for a change of zone from S.I. to AHDPR-18, a precise plan of design, development agreement and negative declaration of environmental impact to allow construction of 104 apartment units on 6.34 acres located on the south side of Hovley Lane, east of Beacon Hill. 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 S.I. to AHDPR - 18 S.P. as shown on Exhibit "A", Precise Plan Exhibits "B" and Development Agreement 4 Exhibit "C." 3. A Negative Declaration of Environmental Impact is hereby recommended to city council for approval subject to attached conditions. PLANNING COMMISSION RESOLUTION NO. 960 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: -1 AMON A DIAZ, SECRET?j(RY /tm -2- D CRITES, hairman PLANNING COMMISSION RESOLUTION NO. 960 Conditions of Approval C/Z 84-5 and PP 84-12 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. Densely landscaped berm of at least four feet in height shall be provided along Beacon Hill except where sight obstructins are created for egress purposes. 9. Interior perimeter roadways shall have landscaped planters, while maintaining a minimum width of 24 feet. 10. Prior to issuance of building permits, developer may have to pay $628 per d.u. for school impact fees. 11. Six foot wall required along southerly property line. Department of Public Works: 12. Drainage and signalization fund fees, as required by ordinance, shall be paid prior to recordation of the final map. 13. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 14. Landscaping maintenance on Hovley Lane shall be provided by the homeowners' association. 15. 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. -3- PLANNING COMMISSION RESOLUTION NO. 960 16. Size, number and location of driveways to Public Works specifications. 17. Only two driveway approaches will be allowed to serve this property. Size and location to Public Works specifications. 18. Prior to issuance of grading permits, developer must pay $750 per acre for purchase of property for the conservation of the Coachella Valley Fringe Toed Lizard. Fire Marshal: 19. 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. 20. 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. 21. 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. 22. 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. 23. 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 C/Z 84-5 and PP 84-12 is in accordance with the requirements prescribed by the Fire Marshal." 24. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 25. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. -4- PLANNING COMMISSION RESOLUTION NO. 960 EXHIBIT "C" PALM DESERT PARTNERS 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 Palm Desert Partners, (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 84-5) of PROPERTY to AHDPR-18 and approval of a precise plan (PP 84-12) to construct 104 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 84-12 (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 104 rental residential units on the PROPERTY by Change of Zone 84-5, Ordinance , Precise Plan and Planning Commission Resolution No. 960. As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent 26 units for lower income households. Hereinafter these 26 units shall be referred to as "AFFORDABLE UNITS". PLANNING COMMISSION RESOLUTION NO. 960 These AFFORDABLE UNITS shall consist of 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. Four person household income figures set the following maximum initial rent. The rent shall be adjusted per Article 2 of this agreement. 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 DEVELOPER'S cost by the CITY or its assigned agents determining compliance with all aspects of this AGREEMENT. 5. The DEVELOPER shall not discriminate on the basis of race, creed, sex, national origin, or age. The AFFORDABLE UNITS shall be -2- PLANNING COMMISSION RESOLUTION NO. 960 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. The DEVELOPER shall post a $10,000 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 26 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. -3- PLANNING COMMISSION RESOLUTION NO. 960 9. This AGREEMENT shall be reviewed by the city planning commission every 6 months, at which time the applicant or his successor shall be required to demonstrate good faith compliance with the terms of the AGREEMENT. If as a result of this review, the commission finds and determines, on the basis of substantial evidence, that the applicant has not complied in good faith with terms or conditions of the AGREEMENT, it shall recommend to the city council that the AGREEMENT be modified or terminated. If the city council concurs with the planning commission recommendation, the AGREEMENT shall be modified or terminated. Proceeding before the city council shall be a noticed public hearing. If at the time of the hearings substantial improvements have not yet occurred on the site, termination of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith and the zoning of the property shall revert to S.I. 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. -4- PLANNING COMMISSION RESOLUTION NO. 960 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 PARTNERS (Notarized) By ATTEST: -5- PLANNING COMMISSION RESOLUTION NO. 960 EXHIBIT "1" The land referred to in this application is situated in the State of California, County of Riverside, City of Palm Desert, and is described as follows: Parcel 4, as shown by parcel Map 13,406, on file in Book 64 pages 66 through 68 of Parcel Maps, Records of Riverside County, California. -6- PLANNING COMMISSION RESOLUTION NO. 960 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. -7- PLANNING COMMISSION RESOLUTION NO. 960 5bbtd INITIAL STUDY CHECKLIST Answers to Yes Checks This development will make uninhabitable 6.34 acres of land for the Coachella Valley Fringe -Toed Lizard, which is a federal endangered species. The developer has mitigated this impact by paying fees to acquire land in a designated area for the conservation of this species. 17 c At the present time, residential developments are required to pay $628 per dwelling unit for the construction of additional school facilities. -8-