HomeMy WebLinkAboutRes No 1178PLANNING COMMISSION RESOLUTION NO. 1178
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO
CITY COUNCIL APPROVAL OF A CHANGE OF ZONE,
PRECISE PLAN OF DESIGN, AND NEGATIVE DECLARATION
OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF
A SIXTY UNIT APARTMENT PROJECT WITH A DEVELOPMENT
AGREEMENT PERTAINING TO 12 AFFORDABLE UNITS ON
THE NORTH SIDE OF MAGNESIA FALLS DRIVE AT
RUTLEDGE.
CASE NOS. C/Z 86-4, PP 86-31
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 5th day of August, 1986, 2nd day of September, 1986, hold a duly
noticed public hearing to consider the request of JOHN TURNER for above
mentioned project; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be
heard, said planning commission did find the following facts and reasons to
exist to justify granting approval of said project:
1. The land use and density resulting from the change of zone will be
compatible with adjacent proposed areas.
2. 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.
3 The change of zone and precise plan are consistent with the policies
of the adopted Palm Desert General Plan and complies with standards
for affordable housing high density development outlined in the
proposed housing element.
4. The proposed development agreement insures compliance with all
aspects of the change of zone and precise 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;
2. That the planning commission does hereby recommend to the city
council approval of change of zone from PR-5 to AHDPR-10 as shown on
Exhibit "A," precise plan exhibits "B" and Development Agreement
Exhibit "C."
3. A Negative Declaration of Environmental Impact is hereby recommended
to city council for approval subject to attached conditions.
PLANNING COMMISSION RESOLUTION NO. 1178
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 2nd day of September, 1986, by the following
vote, to wit:
AYES: DOWNS, ERWOOD, RICHARDS, WHITLOCK, AND CRITES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
•
RAMON A. DIAZ, Sec t9
/tm
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BUFs•I CRITES, Chairman
PLANNING COMMISSION RESOLUTION NO. 1178
CONDITIONS Of APPROVAL
CASE NOS. C/Z 86-4, PP 86-31
Department of Community Development:
1. This approval is contingent upon final adoption and execution of a
development agreement.
2. Prior to 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, design 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. 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
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
6. Provisions for mail service shall be coordinated with the Palm Desert
Branch U.S. Postal Service.
I. Location and design of trash enclosures shall be coordinated with Palm
Desert Disposal Co. prior to submittal of working drawings.
8. Developer agrees to install a limited amount of landscaping along the
bikeway route to Deep Canyon Road, east of the project limits.
9. Applicant agrees to increase the height of the existing west wall to six
feet as measured from applicant's finished grade and to fill in the 14
foot gate opening to make a continuous wall per recommendation of the
fire marshal.
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PLANNING COMMISSION RESOLUTION NO. 1178
Department of Public Works:
1. Drainage and signalization fund fees, as required by city ordinance, shall
be paid prior to grading permit issuance.
2. Storm drain construction shall be contingent upon a drainage study by the
private engineer that is approved by the department of public works.
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 engineer shall
submit "as -built" plans prior to the acceptance of the improvements by the
city.
5. 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.
6. Landscaping maintenance on Magnesia Falls Drive shall be provided by the
property owner.
7. Existing utilities on Magnesia Falls Drive shall be undergrounded per each
respective utility district's recommendation.
8. Traffic safety striping on Magnesia Falls 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.
9. 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.
10. Dedication of forty-four feet of right-of-way on Magnesia Falls Drive
shall be done prior to issuance of any permits and approval of plans.
11. Installation of curb and gutter, matching paving and eight foot meandering
sidewalk on Magnesia Falls Drive connecting with adjacent bikeway to the
east and tapering to meet existing walkway to the west.
12. 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.
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PLANNING COMMISSION RESOLUTION NO. 1178
13. Installation of one-half landscaped median in Magnesia Falls Drive or cash
payment for one-half the cost of landscaped median at the option of the
director of public works.
14. Size, number and location of driveways to public works specifications with
only two driveway approaches to be allowed to serve this property.
15. Any permit issuance shall be subject to the waiver of parcel map first
being approved and recorded.
16. Project entrances shall be designed to align with existing streets and
driveways on the south side of Magnesia Falls Drive.
17. On -site storm and nuisance water shall be collected and channelled
northerly to the Whitewater River Storm Channel.
18. Developer agrees to install curb, gutter and tie-in paving east from his
project to Deep Canyon Road channel in cooperation with (2VWD per city
specifications.
Fire Marshal:
1. Install a water system capable of delivering 2500 GPM fire flow from any
fire hydrant for a two 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 surfaces 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 two 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: "1
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PLANNING COMMISSION RESOLUTION NO. 1178
certify that the design of the water system in Case No. PP 86-31 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.
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PLANNING COMMISSION RESOLUTION NO. 1178
EXHIBIT "C"
JOHN TURNER
AFFORDABLE HOUSING AGREEMENT
This agreement, made as of this day of , 1986, between
the City of Palm Desert, a California municipal corporation (hereinafter
"CITY") and John Turner (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 change of zone (C/Z 86-4) of
PROPERTY to AHDPR-18 and approval of a precise plan (PP 86-31) to
construct 60 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 86-31 (hereinafter "PROJECT") would
be set aside for lower income occupants subject to restrictions necessary
to insure the continued occupancy of said units by lower income
households.
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PLANNING COMMISSION RESOLUTION NO. 1178
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 104 rental units on the PROPERTY by Change of Zone 86-4,
Ordinance , Precise Plan and Planning Commission Resolution No.
As a condition of said approvals DEVELOPER is required, and
hereby agrees to reserve for rent 12 units for lower income households.
Hereinafter these 12 units shall be referred to as "AFFORDABLE UNITS."
These AFFORDABLE UNITS shall consist of 7 two -bedroom two bath units and
5 one bedroom units.
2. As used herein, "low income households" shall refer to families or
individuals whose gross income does not exceed 80% 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
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PLANNING COMMISSION RESOLUTION NO. 1178
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
lower income households. Four person household income figures set the
following maximum initial rent. The rent shall be adjusted per Article 2
of this agreement.
2 bedroom 2 bath $536
1 bedroom 429
4. 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 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.
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PLANNING COMMISSION RESOLUTION NO. 1178
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 $10,000
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
12 aforementioned AFFORDABLE UNITS shall be reserved for lower income
households. During the first ten years of this AGREEMENT the entire
PROJECT shall be maintained as rental housing. Thereafter the 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 lower income
households throughout the remaining term of the AGREEMENT.
B. 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.
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PLANNING COMMISSION RESOLUTION NO. 1178
9. This AGREEMENT shall be reviewed by the city planning commission every
six 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 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 P.R.-5. 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.
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PLANNING COMMISSION RESOLUTION NO. 1178
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.
(Notarized)
ATTEST:
12
THE CITY OF PALM DESERT
By
By
JOHN TURNER
By
PLANNING COMMISSION RESOLUTION NO. 1178
EXH!IZT1
(continue
A parcel of land lying in the Northwest quarter of Section 16. Township 5 South.
Range 6 East. San Bernardino Meridian. described as follows:
Ccginning at the Southeast corner of said Northwest quarter;
thence North 89'59'48' West along the South line of said Northwest quarter.
417.93 feet to the true point of beginning;
tr.ence North 89'59'48" hest along said South line, 159.71 feet to the beginning
of a curve. the radial of said curve has a bearing of South 18'03'20' West at
this point;
tnence along the arc of said curve. concave to the left, having a radius of
834.00 feet. through a central angle of 18'03'08", a distance of 281.67 feet;
thence South 89'59'48' East, 256.42 feet to.a point on the Southerly right of
way line of the Whltewater River Stormwater Channel;
thence South 76'17'02" East along said right of way line, 185.61 feet to the
true po:nt of beginning.
PARCEL 2:
That portion of the Southeast quarter of the Northwest quarter of Section 16.
Township 5 South. Range 6 East. San Bernardino Meridian, described as follows:
Beginning at the Southwest corner of the Southeast quarter of the Northwest
quarter of said Section 16;
thence Nortn 69'43'34" East. on the South lir.2 of said Southe+sr ouarter.
613.97 feet.
thence North 80'47'11' West.
quarter;
626.85 feet to the West line of said Southeast
thence South 00'06'43' West, on the said West line. a distance of 103.33 feet
to the true point of beginning.
1 627)
PLANNING COMMISSION RESOLUTION NO. 1178
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PLANNING COMMISSION RESOLUTION NO. 1178
EXHIBIT "2"
SECTION 8
INCOME LIMITS].
March 1983
Persons
in the
Family Riverside/San Bernardino
1. Very Low Income $ 8,800
Other Low Income 14,050
2. Very Low Income 10,050
Other Low Income 16,050
3. Very Low Income 11,300
Other Low Income 18,050
4. Very Low Income 12,550
Other Low Income 20,100
5. Very Low Income 13,550
Other Low Income 21,350
6. Very Low Income 14,550
Other Low Income 22,600
7. Very Low Income 15,550
Other Low Income 23,850
8. Very Low Income 16,550
Other Low Income 25,100
Definitions:
Very Low Income: These are households with incomes that do not exceed 50% of the
median family income for a four -person household. Persons with incomes below this
amount are to be the principal beneficiaries of housing assistance programs.
Other Low Income: Households with incomes above the Very Low Income limit, but below
80% of the median family income for a four -person household.
1The HUD Income Limits were issued as of March 1, 1983. These Section 8 limits
may be in effect for one or more years.
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