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HomeMy WebLinkAboutRes No 1009PLANNING COMMISSION RESOLUTION NO. 1009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN FOR CONSTRUCTION OF A 9 UNII APARTMENT PROJECT AT THE SOUTHWEST CORNER OF SAN PASCUAL AND SANTA ROSA. CASE NO. PP 84-37 WHEREAS, the Planning Commission of the City of Palm Desert, Calif- ornia, did on the 20th day of November, 1984, hold a duly noticed public hearing and continued public hearings on October 16 and October 2, 1984, to consider the request of PAUL M. MADISON (Carel) for approval of a pre- cise plan of design to allow construction of a 9 unit apartment project on .65 acre site located at the southwest corner of San Pascual and Santa Rosa, more particularly described as: APN 627-107-016 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project would 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 of all interested persons desiring to be heard, said commission did find the following facts and reasons to exist to justify the granting of said precise plan of design: 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. 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 84-37 is hereby granted for reasons subject to the attached conditions. 3. That a negative declaration of environmental impact is hereby certified. 4. Approvalof the Madison/Carel Development Agreement Exhibit "C" is recommended to the city council. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 2Oth day of November, 1984, by the following vote, to wit: AYES: DOWNS, WOOD & CRITES NOES: NONE ABSENT: ERWOOD ABSTAIN: RICHARDS ATTEST: i61,e477 RAMON A. DIAZ, Secre /2 iG; // B1JFOF39��tP ITES, Chairman PLANNING COMMISSION RESOLUTION NO. 1009 CONDITIONS OF APPROVAL PP 84-37 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 for 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 an 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 contem- plated 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 Services District 6. Provisions for mail services shall be coordinated with the Palm Desert Branch, US Postal Service. 7. Location and design of trash enclosures shall be coordinated with Palm Desert Disposal Company. 8. 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. 9. All existing electrical distribution lines, telephone, cable antenna television, and similar wires or cables which are on or adjacent to the property being developed shall be installed underground, if practible as a part of development from the nearest existing pole not on the pro- perty being developed. Department of Public Works: 1. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 2. Storm drain construction shall be contingent upon a drainage study by the private engineer. 3. 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. 4. 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 improvements by the city. 5. Landscaping maintenance on Santa Rosa Way and San Pascual shall be provided by the homeowner's association. PLANNING COMMISSION RESOLUITON NO. 1009 Department of Public Works (Continued): 6. 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. 7. Dedication of 5 feet of right-of-way on San Pascual and Santa Rosa shall be done prior to issuance of any permits and approval of plans. 8. Installation of curb and gutter at 20 feet from centerline, matching paving and sidewalk on both Santa Rosa Way and San Pascual. 9. 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. 10. Only one driveway approach will be allowed to serve this property. Size and location to public works specifications. City Fire Marshal: 1. 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 pro- tection provisions of buildings. 2. Install Riverside County super fire hydrants located at each intersection: a. So that no point of any building is more than 250 feet from a fire hydrant measured along approv 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. Hyd nts shall not be located closer than 25 feet to any building. 3. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 4. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. Palm Desert Water & Services District: 1. Frontage fee of $12.00 per foot will he imposed along Santa Rosa Way. 2. The district will install a 11 inch water meter at the cost of $1,150. 3. The water service installation charges will be as follows: One 11 inch water meter 0 $1,150./each Frontage fee for 215 feet 0 12.00/foot $1,150. 2,580. TO1AL $3,730. 4. All fees and other charges must be paid before the installation work will begin. 5. At least one week advance notice should be given. 6. There is an existing fire hydrant on the northeast corner of the project site. The addition of any new fire hydrants or relocation of any existing, if required by the City Fire Marshal would be completed at the owners expense. The cost of any hydrant improvements would be furnished by the district upon request. 7. A fire sprinkler service connection, if fire sprinklers are required by the City Fire Marshal, would be completed at an additional charge and conditions to be determined upon request and according to the dist- ricts standards. EXHIBIT "A" WILLIAM SPENCER AFFORDABLE HOUSING AGREEMENT This agreement, made as of this day of , 1984, between the City wA of Palm Desert, a California municipal corporation (hereinafter "CITY") and William Spencer, (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 received approval of a precise plan (PP 84-44) to construct eight 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 84-44 (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 eight rental residential units on the PROPERTY by Precise Plan and Planning Commission Resolution No. 1010. As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent two units for moderate income households. Hereinafter these two units shall be referred to as "AFFORDABLE UNITS". These AFFORDABLE UNITS shall consist of 2 two -bedroom units. PLANNING COMMISSION RESOLUTION NO. 1009 Agreement 1. DEVELOPER has been conditionally granted permission by the CITY to construct nine rental residential units on the PROPERTY by Precise Plan and Planning Commission Resolution No. 1009. As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent two units for moderate income households. Hereinafter these two units shall be referred to as "AFFORDABLE UNITS". These AFFORDABLE UNITS shall consist of 2 two -bedroom units. 2. As used herein, "moderate income households" shall refer to families or individuals whose gross income is between 80% and 100% 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 moderate income households. The 2 two bedroom units, three person households should have the following maximum initial rents. This rent shall be adjusted per Article 2 of this agreement. 3 - 2 bedroom $451 PLANNING COMMISSION RESOLUTION NO. 1009 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 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 two aforementioned AFFORDABLE UNITS shall be reserved for moderate income households. This agreement has been prepared based on the premise that the PROJECT will be operated as rental housing. The PLANNING COMMISSION RESOLUTION NO. 1009 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 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. 1009 permits associated herewith and the zoning of the property shall revert to 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 PLANNING COMMISSION RESOLUTION NO. I009 (Notarized) ATTEST: MR. LEE CAREL By MRS. SANDRA CAREL By By PLANNING COMMISSION RESOLUTION NO. 1009 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. wit r.+ PLANNING COMMISSION RESOLUTION NO. 1009 EXHIBIT "2" INCOME LIMITS Persons in the Family 3 Definition: Moderate Income: Median Family Income Riverside/San Bernardino $22,562 Households with incomes above 80% of the Median Family Income for the number of persons in the family, but below the median delineated above.