Loading...
HomeMy WebLinkAboutRes No 1129PLANNING COMMISSION RESOLUTION NO. 1129 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDMENT TO A PRECISE PLAN AND DEVELOPMENT AGREEMENT TO ALLOW A 26 UNIT RENTAL HOUSING DEVELOPMENT ON 3.2 ACRES LOCATED AT THE SOUTHEAST CORNER OF PARK VIEW DRIVE AND FAIRHAVEN DRIVE. CASE NO. PP 84-248 $ QA 84-8A WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of April, 1986 hold a duly notice public hearing to consider the request by RICHARD GLOVER and JOHN MARTINEZ for approval of an amendment to a precise plan and development agreement to allow a 26 unit rental housing development on 3.2 acres containing five units affordable by low and moderate income households to be located at the southeast corner of Park View Drive and Fairhaven Drive. 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 community development has determined that the project has been previously assessed and a negative declaration has been approved. 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 their actions, as described below: 1. 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. The site plan and architectural design equals or exceeds the standards of existing development in the vicinity. 2. The precise plan is consistent with the policies of the adopted Palm Desert General Plan and Palma Village Specific Plan. 3. The precise plan will not endanger the public peace, health, safety or general welfare. 4. The Development Agreement is consistent with requirements of California State Government Code 65915 and specifically implements policies contained int he Housing Element of the Palm Desert General 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 this case. PLANNING COMMISSION RESOLUTION N0. 1129 2. That planning commission does hereby recommend to the city council approval of PP 84-24B and DA 84-8A on file in the department of community development, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 1st day of April, 1986 by the following vote to wit: AYES: DOWNS, ERW000, WOOD & CRITES NOES: RICHARDS ABSENT: NONE ABSTAIN: NONE ATTEST: 1 RAMON A. DIAZ, Secre /dig 2 BUFqRR1TES, Chairman PLANNING COMMISSION RESOLUTION N0. 1129 CONDITIONS OF APPROVAL CASE N0. PP 84-248 1 DA 84-8A Department of Cawun i ty Deve 1 onmmn t : 1. This approval is contingent upon execution of a development agreement specifying terms and conditions for the marketing of the low/moderate income rental units and approval of a street vacation of Fairhaven Drive between Park View Drive and San Juan Drive. 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 review and building permits. 3. The development of the property shall conform with all approved exhibits on file with the department of community development and to all municipal, state and federal statutes now in force, or which hereafter may be in force. 4. Prior to the issuance of a building permit for construction of any uses 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 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. 5. 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. 6. Construction of a portion of said project shall commence within one year from the date of final approval unless a time extension is granted, other- wise said approval shall become null, void and of no effect whatsoever. 7. Provisions for mail service shall be coordinated with the Palm Desert Branch U.S. Postal Service. 3 PLANNING COMMISSION RESOLUTION N0. 1129 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 community development. 10. Project sponsor must post a maintenance bond, letter of credit or cash deposit for the life of the project equivalent to 25% of the annual maintenance budget for the project, plus reserves for major repair and replacement. 11. Applicant shall pay $628 school district impact fees, or as determined by the Desert Sands Unified School District. 12. 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 two unrelated persons. 13. Applicant shall maintain the five foot setback area between garages and R-1 zoned area. Department of Public Works: 1. 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. 2. The CC & R's for this development shall be submitted to the director of community development 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 the document to convey title, covenants and restrictions to be recorded and management and maintenance agreement to be entered into with the owners of the units of the project. 3. Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drainage Plan, to the specifications of the director of public works. 4. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 5. 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 PLANNING COMMISSION RESOLUTION N0. 1129 6. Improvement plans for water and sewer systems shall be approved by the respective service districts. 7. 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 subdivision improvements by the city. 8. Landscaping maintenance on Park View Drive/Fairhaven Drive shall be provided by the homeowner's association. 9. Existing utilities on Park View Drive shall be undergrounded. 10. Traffic safety striping on Park View 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. 11. 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. 12. Parcel map combining existing lots and vacated right-of-way shall be submitted and approved prior to the issuance of any permits. 13. Installation of curb and gutter 32 feet from centerline and matching paving and sidewalk on Park View Drive. City Fire Marshal: 1. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for e 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. 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 in either direction from each hydrant. 5 PLANNING COMMISSION RESOLUTION NO. 1129 c. hydrants shall not be located closer than 25 feet to any building. 3. Prior to issuance of a grading or 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. 4. 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 86-9 is in accordance with the requirements prescribed by the fire marshal". 5. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 6. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 6 PLANNING COMMISSION RESOLUTION NO. 1129 GLOVER/MARTINEZ DEVELOPMENT AGREEMENT DA 84-8A This agreement, made as of this day of , 1986 between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and GLOVER/MARTINEZ, (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 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 and Section 65915 of the California Government Code designed to facilitate the construction of housing affordable to moderate income households, DEVELOPER has applied and been granted conditional approval of amended Precise Plan of Design 84-24B (hereinafter "PROJECT") to construct 26 residential rental units on the PROPERTY, which include a 25% density bonus. These approvals include a requirement that 25% of these units be affordable by low/moderate income households. These five units shall hereafter be referred to as "LOW/MODERATE INCOME UNITS." PLANNING COMMISSION RESOLUTION NO. 1129 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. 4. As used herein, LOW/MODERATE INCOME HOUSEHOLD shall be defined as: A. LOW/MODERATE INCOME HOUSEHOLD- Households whose gross income does not exceed 80% of the median income in Riverside County based upon financial and demographic data received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is included in Exhibit "2" and shall be up dated automatically as current data is obtained from HUD. If in the future, more relevant data is made available by (HUD) or other officially recognized agencies, such data shall become the basis of this agreement. Agreement 1. DEVELOPER has been conditionally granted permission by the CITY to construct 26 rental conventional senior housing units on the PROPERTY by Precise Plan 84-24B Planning Commission Resolution No. As a condition of said approval DEVELOPER hereby agrees to reserve and make affordable five units for LOW/MODERATE INCOME HOUSEHOLDS. These units shall consist of two (2) two bedroom 898 square foot units and three (3) two bedroom 1056 square foot units. PLANNING COMMISSION RESOLUTION NO. 1129 2. Monthly rents for the affordable units shall not exceed 30% of the maximum gross monthly income as shown for LOW/MODERATE INCOME HOUSEHOLDS in Exhibit "2". Rents for the 898 square foot units shall be based upon a three person household. Rents for the 1056 square foot units shall be based upon a four person household. 3. The DEVELOPER or his assigned management agent shall be responsible for determining eligibility of prospective tenants. Prior to opening the protect 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 annual audit at the DEVELOPERS'S cost by the CITY or its assigned agents determining compliance with all aspects of this agreement. 4. The DEVELOPER shall not discriminate on the basis of age, race, creed, sex or national origin. 5. 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. PLANNING COMMISSION RESOLUTION N0. 1129 6. 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. 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. 6 of this AGREEMENT. 7. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reasons held to be unenforceable, such determination shall not affect the validity of the remaining portions. 8. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each AGREEMENT is PLANNING COMMISSION RESOLUTION N0. 1129 binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. 9. The terms of this agreement shall remain in force as long as the PROJECT remains in existence. IN WITNESS WHEREOF the parties have executed this Agreement the year and date first above written. THE CITY OF PALM DESERT By By GLOVER/MARTINEZ (Notarized) By ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California /tm