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HomeMy WebLinkAboutRes No 1010PLANNING COMMISSION RESOLUTION NO. 1010 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 8 UNIT APARTMENT PROJECT ON THE NORTH SIDE OF SANTA ROSA WAY 300 FEET WEST OF SAN PASCUAL. CASE NO'S. PP 84-44 and PMW 84-16 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 to consider a request by WILLIAM SPENCER for approval of a precise plan of design, parcel map waiver, negative declaration of environmental impact, and development agreement to allow construction of a 8 unit apartment complex on a 26,476 square foot site on the north side of Santa Rosa Way, 300 feet west of San Pascual. 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 environ- ment 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 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 enjoy- ment 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, im- provement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, envir- onmental 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 84-44 is hereby granted for reasons subject to the attached conditions. 3. That approval of PMW 84-16 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 Spencer Development Agreement, Exhibit "C" is reco- mmended to the city council. PLANNING RESOLUTION NO. 1010 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of November, 1984, by the following vote, to wit: AYES: DOWNS, WOOD & CRITES NOES: NONE ABSENT: ERWOOD ABSTAIN: RICHARDS ATTEST: RAMON A. DIAZ, Secr ry /dlg B7 CRITES, Chairman PLANNING COMMISSION RESOLUTION NO. 1010 CONDITIONS OF APPROVAL PP 84-44 and PMW 84-16 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 con- templated by this approval, the applicant shall first complete all the proce- dural requirements for the city which include, but are not limited to, design review and buidling 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 contem- plated by this approval, the applicant shall first obtain permits and/or clear- ance 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 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 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 develop- ment from the nearest existing pole not on the property being developed. Department of Public Works: 1. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to building permit issuance. 2. Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drainage Plan, to the specifications of the director of public works. 3. Storm drain construction shall be contingent upon a drainage study by the private engineer that is approved by the department of public works. 4. 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. 5. 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 engineer shall submit "as -built" plans prior to the acceptance of the improvements by the city. PLANNING COMMISSION RESOLUTION NO. 1010 Department of Public Works (Continued): 6. Landscaping maintenance on Santa Rosa Way shall be provided by the property owner. 7. 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. 8. Dedication of 5 feet of right-of-way on Santa Rosa Way shall be done prior to issuance of any permits and approval of plans. 9. Installation of curb and gutter, matching paving and sidewalk on Santa Rosa. 10. Offsite improvement plans to be approved by public works department and a surety posted to guarantee offsite improvements prior to building permit issuance. 11. Size, number and location of driveways to public works specifications with only one driveway approach to be allowed to serve this property. 12. Parcel map waiver to be recorded prior to the grading permit issuance. 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 compu- tation 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. 2. 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. a. Exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. b. Curbs shall be painted red 15 feet in either direction from each hydrant. c. Hydrants shall not be located closer than 25 feet to any building. 3. 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 84-44, PMW 84-16 is in accordance with the requirements prescribed by the Fire Marshal." 4. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 5. Wrought iron gate on south elevation to have gates for emergency access. 6. Fire lanes will be required. 7. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. Palm Desert Water do Services District: 1. Frontage fee of $12.00 per foot will be imposed along Santa Rosa Way. 2. The district will install a 1 z inch water meter at the cost of $1,150. 3. The water service installation chares will be as follows: One 1 i inch water meter @ $1,150./each Frontage fee of 172 feet @ 2,064/foot TOTAL $1,150. 2,064. $3,214. Palm Desert Water & Services District (Continued): 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 project site between Lot 5 and Lot 12. The addition of any new fire hydrants or relocation of any existing, if required by the City Fire Marshal would be completed at the owner's 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 district's standards. 8. The district owns and maintains a 4 inch steel water main which is located on the lot line between Lot 5 and Lot 12. Before the district can give approval more detailed building plans (ie: footing and other foundation plans) will have to be submitted to the district along with a copy of the preliminary title report for the property. The owner will have to make additional improve- ments to the water main to protect it during and after construction. The extent of those improvements will be determined upon receipt of the information requested above. 9. The owner will also sign an agreement with the district releasing the district from responsibility for the removal of improvements hould maintenance or repair on the 4 inch water main be necessary in the future. PLANNING COMMISSION RESOLUTION NO. 1010 EXHIBIT "A" WILLIAM SPENCER 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 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 been granted a precise plan (PP 84-44) to construct 8 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") 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 a total of 8 rental residential units on the PROPERTY by Precise Plan 84-44 and Planning Commission Resolution No. . As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent 2 units for moderate income households. Hereinafter these 2 units shall be referred to as "AFFORDABLE UNITS". These AFFORDABLE UNITS shall consist of two (2) two bedroom two bath units. PLANNING COMMISSION RESOLUTION NO. 1010 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 two (2) two bedroom, two bath units shall be based on income figures for 3 person house- holds, resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. 2 - 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, ground and recreation facilities consistent with their condition at the time of issuance 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 i this requirement in a form satisfactory to the CITY. PLANNING COMMISSION RESOLUTION NO, 1010 7. The term of this agreement shall run for thirty years during which period 2 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. 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 intitled to reasonable attorney's fees together with other legally allowable costs. 9. his 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 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 offical capacity. PLANNING COMMISSION REOSLUTION NO. 1010 IN WITNESS WHEREOF the parties have executed this Agreement the year and date first above written. THE CITY OF PALM DESERT By By DEVELOPER By WILLIAM SPENCER (Notarized) ATTEST: PLANNING COMMISSION RESOLUTION NO. 1010 EXHIBIT "1" Property Description Lots 12 and 5 Palma Village Garden, Tract 2 M.B. 022/050 PLANNING COMMISSION RESOLUTION NO. 1010 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.