HomeMy WebLinkAboutRes No 0976PLANNING COMMISSION RESOLUTION NO. 976
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL APPROVAL
OF A CHANGE OF ZONE, PRECISE PLAN, TENTATIVE
TRACT MAP, DEVELOPMENT AGREEMENT, AND
NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT TO ALLOW A 48 UNIT CONDOMINIUM
DEVELOPMENT ON THREE ACRES LOCATED AT THE
SOUTHEAST CORNER OF PARKVIEW DRIVE AND
FAIRHAVEN DRIVE.
CASE NO. C/Z 84-9, PP 84-24, TT 20199, and DA-8
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 3rd day of July, 1984, hold a duly noticed public hearing and on the 17th day of July,
1984, a continued public hearing to consider a request by ROBERT L. WARD for approval
of a change of zone from PR-7, R-2 (7) S.P. to AHDPR-16, a precise plan, tentative tract
map, development agreement, and negative declaration of environmental impact to allow
a 48 unit condominium development on three acres containing ten units affordable by
lower income senior households to be located at the southeast corner of Parkview Drive
and Fairhaven Drive.
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 justify their actions, as described below:
Change of Zone, Precise Plan, and Development Agreement:
1. The land use resulting from the change of zone would be compatible with
uses in adjacent 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.
Tentative Tract Map:
1. The proposed map, its design, improvements, type of development, and
density are consistent with the State Subdivision Map Act, the Palm Desert
Subdivision and 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.
4. The map will allow unrestricted solar access to all lots.
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 these cases;
PLANNING COMMISSION RESOLUTION NO. 976
2. That the planning commission does hereby recommend to the city council
approval of C/Z 84-24 Exhibit 'A', PP 84-24 Exhibit 'B', TT 20199 Exhibit 'C',
and Development Agreement Exhibit 'D' on file in the Department of
Environmental Services, subject to attached conditions.
3. A Negative Declaration of Environmental Impact is recommended for
approval.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 7th day of August, 1984, by the following vote, to wit:
AYES: DOWNS, WOOD, AND CRITES
NOES: ERWOOD
ABSENT: RICHARDS
ABSTAIN: NONE
ATTEST:
AMON A. DIAZ, Secretar
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BUFORIY CRITES, Chairman
PLANNING COMMISSION RESOLUTION NO. 976
CONDITIONS OF APPROVAL
Case Nos. C/Z 84-9, PP 84-24, TT 20199 and DA-8
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 specifying terms and conditions for the marketing of ten senior units.
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. The applicant shall have twenty-four (24) months from the date of the approval or
conditional approval of the tentative map for filing of the final map unless an
extension of time as permitted by code is granted by planning commission.
5. Construction of a portion of said project shall commence within one year from the
date of final approval unless a time extenson is granted; otherwise said approval
shall become null, void and of not effect whatsoever.
6. 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
7. Provisions for mail service shall be coordinated with the Palm Desert Branch U.S.
Postal Service.
8. Location and design of trash enclosures shall be coordinated with Palm Desert
Disposal Company.
9. All on -site utilities, including cable TV, shall be placed underground and shall be
completely concealed from view except certain appurtenances as may be approved
by the director of environmental services.
10. All dedicated land and/or easements required by this approval shall be granted to
the City of Palm Desert or other appropriate agency, without cost and free of all
liens and encumbrances.
11. The CC&R's for this development shall be submitted to the director of
environmental services for review and final approval by the city attorney prior to
the issuance of any building permits. Prior to recordation of the final subdivision
map, the applicant shall submit to the city engineer:
a. The document to convey title.
b. Covenants and restrictions to be recorded.
c. Management and maintenance agreement to be entered into with the owners
of the units of the project.
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PLANNING COMMISSION RESOLUTION NO. 976
12. Prior to submittal of the final map, the applicant shall provide the department of
environmental services with a list of proposed street names with at least three
alternatives. The approval of the final street name shall be made by the director
of environmental services.
13. Drainage and signalization fund fees, as required by city ordinance, shall be paid
prior to recordation of the final map.
14. Drainage facilities shall be provided, per Ordinance No. 218 and the Master
Drainage Plan, to the specifications of the Director of Public Works.
15. Additional storm drain construction shall be contingent upon a drainage study by
the private engineer.
16. 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.
17. Improvement plans for water and sewer systems shall be approved by the
respective service districts.
18. Complete improvement plans and specifications shall be submitted, as required by
ordinance, to the city engineer for checking and approval before constuction of any
improvements is commenced. The subdivider shall submit "as -built" plans prior to
acceptance of the subdivision improvements by the city.
19. Landscaping maintenance on Parkview Drive/Fairhaven shall be provided by the
homeowners association.
20. Existing utilities on Parkview Drive shall be undergrounded.
21. Traffic safety striping on Parkview Drive/Fairhaven 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.
22. 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.
23. Dedication of sufficient right-of-way on Fairhaven Drive shall be done to a 60-foot
residential street (36 foot curb to curb).
24. Installation of curb and gutter at eighteen feet from centerline, matching paving
and sidewalk on Fairhaven Drive and 32 feet from centerline on Parkview Drive.
25. Applicant shall pay $628 school district impact fees, or as determined by the
Desert Sands Unified School District.
26. Main access shall be from Parkview Drive; Fairhaven Drive access shall be limited
to fire department use.
27. In the development agreement, applicant agrees to limit the number of persons
occupying a unit to one blood related family and to no more than 2 unrelated
persons.
28. Applicant shall maintain the five foot setback area between garages and R-1 zoned
area.
City Fire Marshal:
29. Install a water system capable of delivering 2500 GPM fire flow from any fire
hydrant for a two (2) hour duration in addition to domestic supply. The
computation shall be based upon a minimum of 20 psi residual operating pressure in
the supply main from which the flow is measured at the time of measurement.
Fire flow requirements will depend -on built-in fire protection provisions of
buildings.
PLANNING COMMISSION RESOLUTION NO. 976
30. Install Riverside County super fire hydrants located at each intersection:
a. install Riverside County super fire hydrants so that no point of any building
is more than 250 feet from a fire hydrant measured along approved
vehicular travel ways.
b. exterior surface of hydrant barrels and heads shall be painted chrome
yellow, and the tops and nozzle caps shall be painted green.
c. curbs shall be painted red 15 feet in either direction from each hydrant.
d. hydrants shall not be located closer than 25 feet to any building.
31. Prior to 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.
32. 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.
33. 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 84-24, TT 20199, and C/Z 84-9 are in accordance with
the requirements prescribed by the Fire Marshal."
34. Prior to delivery of combustible materials to the building site, the required water
system shall be installed, operating and delivering the required flow.
35. Additional fire protection requirements may be necessary when the applicant
submits specific plans for consideration and approval.
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PLANNING COMMISSION RESOLUTION NO. 976
EXHIBIT "D"
WARD DEVELOPMENT AGREEMENT
This agreement is made and entered into this
day of , 1984,
by and between the City of Palm Desert, hereinafter referred to as the "CITY" and
ROBERT L. WARD, hereinafter referred to as the "DEVELOPER" provides:
1. DEVELOPER is owner of certain real property located within the City of
Palm Desert, California, which property is described in "Exhibit A"
attached hereto and made a part hereof (hereinafter "PROPERTY").
2. Pursuant to the goals and objectives of the Palm Desert General Plan
Housing Element, designed to facilitate the construction of housing
affordable to lower income elderly households, DEVELOPER has applied
and been granted conditional approval of Change of Zone 84-9, Tentative
Map 20199, and Precise Plan of Design 84-24 (hereinafter "PROJECT")
to construct 48 residential condominium units on the PROPERTY. These
approvals included a requirement that 20% of these units be affordable
by lower income elderly households. These ten units shall hereafter be
referred to as "SENIOR UNITS." The maximum initial selling price of
the SENIOR UNITS shall be $40,000.
3. Eligibility and Resale Controls:
To ensure the continued availability of the ten senior citizen units, the
following buyer eligibility and resale controls shall be in effect
throughout the term of this agreement:
a. A senior citizen household shall be defined as a household whose
head is a minimum of 55 years of age.
b. The SENIOR UNIT must be the sole residence of the principal
occupant.
PLANNING COMMISSION RESOLUTION NO. 976
c. The maximum annual household income from all sources, shall not
exceed $16,050 for the buyers purchasing during the first 120 days
of the sales program. During this period the DEVELOPER must
make a good faith effort to advertise for qualified buyers who
meet the $16,050 limit. If after the 120-day period expires and
unsold SENIOR UNITS remain, the annual income limit may be
raised to $20,062. This figure is the median income for a family of
two for the Riverside/San Bernardino Counties based upon
information published by the United States Department of Housing
and Urban Development (HUD). Throughout the remaining term of
this agreement, buyer eligibility for resales shall be based upon the
two person household medium income. This information is
contained in Exhibit "B" and shall be automatically updated as
current data is obtained from HUD. If in the future more current
data is made available by the United States Bureau of Labor
Statistics or other officially recognized agencies, the seller may
request amendment to this AGREEMENT to include this data.
d. Resale price increases shall be limited percentage increase in the
Consumer Price Index (all urban consumer for the Los Angeles -
Long Beach Area as published by the Bureau of Labor Statistics),
measured from the closing of escrow of the prior sale to the
opening of escrow of the resale.
e. These limitations shall apply for a minimum of 30 years. To be
released from their restrictions after the 30 year period, the seller
must have owned the SENIOR UNIT for at least five years. All
resale buyers must meet income and age eligibility requirements.
f. If, due to the death of the eligible senior owner, the unit becomes
the property of a non -qualifying heir, the SENIOR UNIT must be
sold or rented to a qualified occupant within six months. If rented,
the maximum monthly rent shall be based upon 30% of the gross
monthly income of a family of two earning 80% of the Riverside
County median. Provisions of Section 3 c shall apply.
PLANNING COMMISSION RESOLUTION NO. 976
g•
Sixty days prior to the proposed beginning of the sales period, the
developer shall submit to the CITY for approval a detailed
marketing program for the SENIOR UNITS. It shall include:
1. Description of advertising program.
2. A plan for selecting eligible buyers.
h. The DEVELOPER agrees to allow the CITY to audit DEVELOPER'S
records to determine that terms of this AGREEMENT are being
complied with.
4. The DEVELOPER agrees to make provision in the CC&R's to limit the
occupancy of the units in the PROJECT to one blood related family or no
more than two unrelated persons.
5. The DEVELOPER shall not discriminate on the basis of race, creed, sex,
national origin or age.
6. The terms of this AGREEMENT shall run for a minimum of 30 years and
until all units are released under provision described in Section 3 d.
7. The provisions of this AGREEMENT shall run with, burden and bind the
DEVELOPER and his successors and shall be recorded along with the
CC&R's for the PROJECT. 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.
8. 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
PLANNING COMMISSION RESOLUTION NO. 976
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. Proceedings 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. 7 of this AGREEMENT.
9. 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.
10. Each of the parties hereto covenants and agrees that it has the legal
capacity to make the AGREEMENTS herein contained, that each such
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
ROBERT L. WARD
(Notarized) By
ATTEST:
PLANNING COMMISSION RESOLUTION NO. 976
EXHIBIT "a"
WARD DEVELOPMENT AGREEMENT
Lots 85, 86, 87, 88, 89, and 90 - Palm Dell Estates, Riverside County, Map Book 21/66.
EXHIBIT "b"
WARD DEVELOPMENT AGREEMENT
Income Limits
Persons
in the 80% of Median
Family Maximum Income
2 Other Low Income
2 Other Low Income
$16,050
100% of Median
Maximum Income
$20,062