HomeMy WebLinkAboutRes No 1156PLANNING C011Ml I SS ION RESOLUTION NO. 1156
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO
CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION
OF ENVIRONMENTAL IMPACT, CHANGE OF ZONE ADDING
THE SENIOR OVERLAY, PRECISE PLAN/CONDITIONAL USE
PERMIT, AND DEVELOPMENT AGREEMENT FOR A 113 UNIT
SENIOR HOUSING PROJECT ON 7.2 ACRES LOCATED ON
THE SOUTH SIDE OF COUNTRY CLUB DRIVE, 1600 FEET
EAST OF MONTEREY AVENUE.
CASE NO: C/Z 86-3. PP/CUP 86-22 A DA 86-5
WHEREAS, the Planning Commission of the City of Palm Desert, California
did on the 1st day of July 1986 hold a duly noticed public hearing to consider
a request by PALM DESERT VILLAS INC. for approval of a Negative Declaration of
Environmental Impact, change of zone adding the senior overlay and precise
plan/conditional use permit and development agreement for a 113 unit senior
housing project located on the south side of Country Club Drive, 1600 feet
east of Monterey Avenue.
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 community develop-
ment has determined that the project will 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
planning commission did find the following facts to exist to justify their
actions.
CHANGE OF ZONE:
1. The proposed senior housing zoning is consistent with the general
plan land use high density suitability map and the locational
criteria outlined in the housing element.
PRECISE PLAN:
1. The precise plan complies with the goals, objectives and specific
standards of the senior overlay zone and the housing element of the
general plan.
2. The proposed land use intensity, site plan and architecture are
compatible with adjacent uses.
3. The project will not depreciate values, restrict the lawful use of
adjacent properties, nor will it threaten public health, safety or
general welfare.
PLANNING COMMISSION RESOLUTION NO. 1156
4. The project will greatly expand housing opportunities for low and
moderate income senior citizen households.
DEVELOPMENT AGREEMENT:
1. The development agreement is consistent with and implements goals
and requirements of the Palm Desert General Plan Housing Element and
Zoning Ordinance Senfor Overlay concerning housing for very low/lower
and moderate income senior citizen household.
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 this case.
2. That Case No's C/Z 86-3 Exhibit A, PP/CUP 86-22 Exhibit B, DA
86-5 Exhibit C and associated negative declaration of environmental
impact are recommended for approval to city council subject to
attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission , held on this 1st day of July, 1986 by the following
vote, to wit:
AYES: DOWNS, ERWOOD, RICHARDS, WOOD & CRITES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RAMON A. DIAZ, Secre
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'CRITES, Chairman
PLANNING COMMISSION RESOLUTION NO. 1156
CONDITIONS OF APPROVAL
CASE N0. PP/CUP 86-22
Department of Community Development:
1. This approval shall be contingent upon approval and execution of DA 86-5.
2. The development of the property shall conform substantially with exhibits
on file with the department of community development, as modified by the
following conditions.
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 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
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. Trash provisions shall be approved by applicable trash company and city
prior to issuance of building permit.
7. The minimum age for project occupants shall be 62.
8. Project sponsor must post a maintenance bond, letter of credit or cash
deposit for the life of the project equivalent to the annual maintenance
budget for the perimeter landscaping of the project, plus reserves for
repair and replacement.
9. Applicant shall pay $600/acre Fringe -toed lizard mitigation fee.
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PLANNING COMMISSION RESOLUTION N0. 1156
10. Project shall pay school impact fees of $628/unit or as arranged by the
Desert Sands Unified School District.
11. Applicant shall develop the recreational amenities as approved by the
director of community development within the open space area to include,
but not be limited to, shuffleboard, horseshoes and par course for
seniors.
Department of Public Works:
1. Drainage and signalization fund fees, as required by city ordinance,
shall be paid prior to grading 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.
6. All private driveways and parking lots shall be inspected by the
engineering department and a standard inspection fee shall be paid
prior to grading permit issuance.
7. Landscaping maintenance on Country Club Drive shall be provided by
the property owner.
8. Existing utilities on Country Club Drive shall be undergrounded per each
respective utility district's recommendation.
9. Traffic safety striping on Country Club Drive 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.
10. 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.
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PLANNING COMMIISSION RESOLUTION NO. 1156
11. Dedication of eleven feet of right-of-way on Country Club Drive shall be
done prior to issuance of any permits and approval of plans.
12. Installation of meandering sidewalk on Country Club Drive.
13. Offsite improvement plans to be approved by public works department and a
surety posted to guarantee the required offsite improvements prior to
grading permit issuance.
14. Full improvement of interior streets based on private street standards as
established in accordance with Chapter 26, Section 26.40.040 CPD Code.
15. Installation of one-half landscaped median in Country Club Drive or cash
payment for one-half the cost of landscaped median at the option of the
director of public works.
16. Size, number and location of driveways to public works specifications
with only two driveway approaches to be allowed to serve this property.
City Fire Marshal:
1. Install a water system capable of delivering 4000 GPM fire flow from any
fire hydrant for a 3 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.
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. 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.
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 86-22 is in accordance
with the requirements prescribed by the fire marshal".
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PLANNING COMMISSION RESOLUTION NO. 1156
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. All buildings over 5000 square feet require an approved fire sprinkler
system.
7. A secondary emergency vehicle access'is required.
8. A state fire marshal approved fire alarm system will be required in all
buildings containing 15 or more apartments.
9. All building areas beyond 150' of vehicular access will require a fire
department standpipe system.
10. Minimum drive width to be 20' between 2B1B units and A & B units.
11. Additional fire protection requirements may be necessary when the
applicant submits specific plans for consideration and approval.
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CITY OF PALM DESERT Case No. 86-3 PLANNING COMMISSION
Chang® 0RESOLUTION NO. (15b
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PLANNING COMMISSION RESOLUTION NO. 1156
EXHIBIT "C"
PALM DESERT VILLAS INC.
AFFORDABLE SENIOR HOUSING DEVELOPMENT AGREEMENT
This agreement, made as of this day of , 1986, between the
City of Palm Desert, a California municipal corporation (hereinafter "CITY")
and Palm Desert Villas Inc. (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 approval of a precise
plan/conditional use permit 86-22 (hereinafter "PROJECT") to
construct 111 senior housing units on the PROPERTY.
2. As a condition of said approval, CITY has required that a specified
number of units associated with the project be set aside for very
low, lower and moderate income occupants subject to restrictions
necessary to insure the continued occupancy of said units by very
low, lower and moderate income senior citizen households.
3. DEVELOPER and CITY desire to further memorialize and implement the
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PLANNING COMMISSION RESOLUTION NO. 1156
conditions of said approval and do hereby agree to the following
terms and conditions.
4. As used herein, the following terms shall be defined as:
A. SENIOR CITIZEN HOUSEHOLD - Maximum two person household of which
one member is 62 years of age or older.
8. CONVENTIONAL SENIOR HOUSING - Rental or ownership units designed
and restricted to healthy ambulatory senior citizens who
remain capable of performing most activities associated with
independent daily life. Other than having smaller units and
possessing design features and recreational amenities more
compatible with a less active lifestyle conventional senior
housing resembles standard housing.
C. VERY LOW INCOME SENIOR CITIZEN HOUSEHOLDS - Senior citizen
households whose gross income does not exceed 50% of the median
income for one and two person households for 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 specifically applicable to senior citizens by
(HUD) or other officially recognized agencies, such data shall
become the basis of this agreement.
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PLANNING COMMISSION RESOLUTION NO. 1156
D. LOWER INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen
households whose gross income does not exceed 80% of the median
income for one and two person households for 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 specifically applicable to senior citizens by
(HUD) or other officially recognized agencies, such data shall
become the basis of this agreement.
E. MODERATE INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen
households whose income does not exceed 100% of the median
income.
Agreement
1. DEVELOPER has been conditionally granted permission by the CITY to
construct 111 rental units for senior citizen households on the
PROPERTY by Precise Plan/Conditional Use Permit 86-22, Planning
Commission Resolution No.
As a condition of said approval
DEVELOPER is required, and hereby agrees to reserve and make
affordable 5% (5 units) of the project for VERY LOW INCOME SENIOR
HOUSEHOLDS, 10% (12 units) for LOWER INCOME SENIOR HOUSEHOLDS and 10%
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PLANNING COMMISSION RESOLUTION N0. 1156
(11 units) for MODERATE INCOME SENIOR HOUSEHOLDS. Monthly rents for
these AFFORDABLE UNITS shall not exceed 30% of the maximum gross
monthly income as shown for the respective units in Exhibit "2". The
unit mix, initial rent and maximum income levels for the AFFORDABLE
UNITS shall be as follows:
Unit Type # of Units Max. Annual Income Monthly Rent
1 bdrm 600 sf 5 $16,700 $267
1 bdrm 650 sf 12 $17,150 $429
2 Bedroom 11 $21,437 $536
The AFFORDABLE units shall be of a quality and design indistinguish-
able from the market units, shall be evenly distributed throughout
the project and shall be periodically rotated as vacancies permit.
2. All units in the PROJECT shall be offered as Conventional Senior
Housing. The DEVELOPER may provide, at the tenants option, other
services for an additional cost. This agreement in no way restricts
or limits optional care services or charges.
3. The DEVELOPER or his assigned management agent shall be responsible
for determining eligibility 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 senior households and audits (as is
deemed necessary by the city at the DEVELOPERS expense) by the CITY
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PLANNING COMMISSION RESOLUTION NO. 1156
or its assigned agent to determine compliance with all affordable
housing provisions of this agreement.
4. The DEVELOPER shall not discriminate on the basis or 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.
6. This agreement shall be reviewed by the CITY planning commission
every 6 months (or whenever substantial evidence exists to indicate
a possible breach of the terms of the agreement) at which time the
developer or his/her 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 developer has not complied in good
faith with the terms or conditions of this agreement, then the
commission shall declare the developer or his/her successor in
default and shall so notify to him/her as to the specific nature of
the default, and describe remedies required to achieve compliance.
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PLANNING COMMISSION RESOLUTION N0. 1156
Any responsible or interested party associated with the project may
correct the default. If after 30 days of the receipt of
notification, the specified remedial actions have not occurred, the
planning commission shall recommend to the city council that the
agreement 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. 5 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 reason
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 binding upon that party and that this AGREEMENT is
executed by a duly authorized official acting in his official
capacity.
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PLANNING COMMIISSION RESOLUTION NO. 1156
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.
(Notarized)
ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
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THE CITY OF PALM DESERT
By
By
PALM DESERT VILLAS INC.
By
By
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