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HomeMy WebLinkAboutRes No 0977PLANNING COMMISSION RESOLUTION NO. 977 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN, PARCEL MAP WAIVER, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A DEVELOPMENT AGREEMENT TO ALLOW CONSTRUCTION OF A 12 UNIT APARTMENT PROJECT AT THE SOUTHEAST CORNER OF SAN PABLO AND SANTA ROSA. CASE NOS. PP 84-22 and PMW 84-9 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 July 17, 1984, a continued public hearing to consider a request by RALPH SANTOPIETRO for approval of a precise plan of design, parcel map waiver, negative declaration of environmental impact, and development agreement to allow construction of a 12 unit apartment complex on a 38,111 square foot site at the southeast corner of San Pablo and Santa Rosa. 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 negative impact on the environment and a Negative Declaration has been prepared. WHEREAS, at said pulbic hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said commission did find the following facts and reasons to exist to justify its actions: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety, or general welfare. 4. That the proposed waiver to consolidate two lots into one lot and that resulting parcel complies with applicable requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the municipal code. 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. That approval of Precise Plan 84-22 is hereby granted for reasons subject to the attached conditions. 3. That approval of PMW 84-9 is hereby granted. 4. That a negative declaration of environmental impact is hereby approved subject to implementation of the attached conditions. 5. Approval of the Santopietro Development Agreement, Exhibit 'A' is recommended to the city council. PLANNING COMMISSION RESOLUTION NO. 977 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, ERWOOD, WOOD, AND CRITES NOES: NONE ABSENT: RICHARDS ABSTAIN: NONE / —z BUFORD"CRITES, Chairman ATTEST: MON A. DIAZ, Secretary /tm PLANNING COMMISSION RESOLUTION NO. 977 CONDITIONS OF APPROVAL Case No. PP 84-22 Department of Environmental Services: 1. The development of the property shall conform substantially with exhibits on file with the department of environmental services, as modified by the following conditions. 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, architectural commission, subdivision process, and building permit procedures. 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 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 Palm Desert Water and Services 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. Location and design of trash enclosures shall be coordinated with Palm Desert Disposal Company. 7. Project to be provided with a minimum six foot high solid masonry wall along perimeter property lines (except for approved openings) or other walls or features as may be acceptable to Architectural Commission. 8. Twenty-five percent (25%) of the units shall be reserved and affordable for moderate income households. Prior to issuance of a building permit, the owner shall execute an agreement with the city specifying the terms and conditions by which the required moderate income units shall be rented and controlled. 9. That the owner (developer) prior to issuance of building permit, provide evidence to the city that he has paid school mitigation fee ($628/unit) to the Desert Sands Unified School District. Department of Public Works: 10. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 11. Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drainage Plan, to the specifications of the Director of Public Works. -3- PLANNING COMMISSION RESOLUTION NO. 977 12. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 13. 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. 14. Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construction of tario any improvements is commenced. The subdivider shall submit "as -built" plans prior to acceptance of the improvements by the city. 15. Landscaping maintenance on San Pablo/Santa Rosa shall be provided by the owners. 16. Existing utilities on Santa Rosa shall be undergrounded. 17. 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. 18. Dedication of five feet of right-of-way on Santa Rosa shall be done prior to issuance of any permits and approval of plans. 19. Installation of curb and gutter at eighteen feet from centerline, matching paving and sidewalk on Santa Rosa. 20. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the required offsite improvements prior to building permits being issued. 21. Size, number and location of driveways to Public Works specifications. 22. Only one driveway approach will be allowed to serve this property. Size and location to Public Works specifications. Palm Desert Water do Services District: 23. Frontage fee of $12.00 per foot will be imposed along Santa Rosa Way. 24. The District will install four 1V2-inch water meters at a cost of $1,150 each. 25. The water service installation charges will be as follows: Four -inch water meter @ $1,150/each Frontage Fee for 260 feet @ $12.00/ft. $4,600 3,120 TOTAL $7,720 26. All fees and meter installation charges must be paid before the installation work will begin. 27. At least on week advance notice should be given. 28. There is an existing fire hydrant approximately 225' east of the project site. Also, there is an existing hydrant across San Pablo Avenue to the west which may have to be upgraded. Also, the addition of any fire hydrants or the relocation of any existing, if required by the City Fire Marshall would be completed at the owner's expense. Fire Department: 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 -4- PLANNING COMMISSION RESOLUTION NO. 977 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. 30. Install Riverside County super fire hydrants located: 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 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. 32. 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 84-22 is in accordance with the requirements prescribed by the Fire Marshal." 33. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 34. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 35. Dead end access not to code. -5- PLANNING COMMISSION RESOLUTION NO. 977 EXHIBIT "A" RALPH SANTOPIETRO 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 Ralph Santopietro, (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 precise plan (PP 84-22) to construct 12 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 84-22 (hereinafter "PROJECT") 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 12 rental residential units on the PROPERTY by Precise Plan 84-22 and Planning Commission Resolution No. 977. As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent 3 units for moderate income households. Hereinafter these 3 units shall be referred to as "AFFORDABLE UNITS". These AFFORDABLE UNITS shall consist of three (3) two bedroom two bath units. PLANNING COMMISSION RESOLUTION NO. 977 2. As used herein, "moderate income households" shall refer to families or individuals whose gross income does not exceed 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 moderate income households. The maximum rent for the three (3) two bedroom, two bath units shall be based on income figures for 3 person households, resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. 3 - 2 bedroom 2 bath $564 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 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 PLANNING COMMISSION RESOLUTION NO. 977 of certificate of occupancy. The DEVELOPER shall post a $2,500 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 3 aforementioned AFFORDABLE UNITS shall be reserved for moderate income households. This agreement has been prepared based on the premise that the PROJECT would be operated as rental housing. The DEVELOPER or his successor may apply to amend this agreement to allow conversion to condominium. The DEVELOPER will be required to conform to all applicable zoning and building regulations in effect at this time. The amendment shall include a program to maintain the availability of the AFFORDABLE UNITS for moderate 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. 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 PLANNING COMMISSION RESOLUTION NO. 977 permits associated herewith and the zoning of the property shall revert to the base R-2. 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. THE CITY OF PALM DESERT By By DEVELOPER (Notarized) By RALPH SANTOPIETRO ATTEST: PLANNING COMMISSION RESOLUTION NO. 977 EXHIBIT "1" Property Description Lots 1 and 4, Palma Village Groves, Map Book 10/31. PLANNING COMMISSION RESOLUTION NO. 977 EXHIBIT "2" Income Limits Median Family Income Persons in the Family Riverside/San Bernardino Counties 3 $22,562 Definition: Moderate Income: Households with incomes above 80% of the Median Family Income for the number of persons in the family, but below the median delineated above.