Loading...
HomeMy WebLinkAboutRes No 1179PLANNING COMMISSION RESOLUTION N0. 1179 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, PREANNEXATION ZONING, PRECISE PLAN/CONDITIONAL USE PERMIT, PARCEL MAP AND DEVELOPMENT AGREEMENT FOR A 344 UNIT SENIOR HOUSING PROJECT LOCATED ON 20.5 ACRES LOCATED ON THE NORTH SIDE OF FRED WARING DRIVE, 1400 FEET EAST OF COOK STREET. CASE NO'S: C/Z 86-6, PP/CUP 86-43, PM 21142 & DA 86-7 WHEREAS, the Planning Commission of the City of Palm Desert, California did on the 2nd day of September 1986 hold a duly noticed public hearing to consider a request by PAMELA & DALE SMALLWOOD for approval of negative declaration of environmental impact, preannexation zoning of PR-7 5.0., precise plan/conditional use permit, parcel map and development agreement for a 344 unit senior housing project located on the north side of Fred Waring Drive, 1400 feet east of Cook Street. 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 development 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. PREANNEXATION ZONING: 1. The proposed PR-7 S.O. zoning is consistent with the General Plan and the Housing Element. PRECISE PLAN/CONDITIONAL USE PERMIT: 1. The proposed use and its design are consistent with the Planned Residential and Senior Overlay zones and specifically implement senior housing goals contained in the Housing Element of the General Plan. 2. The site plan and architecture of the proposed project are of high quality and will be compatible with adjacent land uses. 3. The activity level of the project will be of lower intensity then comparable standard housing developed at the General Plan 5-7 dwelling units per acre designation. PLANNING COMMISSION RESOLUTION NO. 1179 4. The project will therefore not depreciate adjacent property values restrict the lawful use thereof nor will it present a threat to the public health, safety or general welfare. PARCEL MAP: 1. The parcel map is consistent and implements the requirements of the City of Palm Desert Subdivision Ordinance, State Map Act and condition of approval of the Precise Plan/Conditional Use Permit. 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 Senior 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 86-6, PP/CUP 86-43, PM 21142 and DA 86-7 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 2nd day of September, 1986 by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARDS, WHITLOCK & CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST. RAMON A. DIAZ, Secre /dlg 2 BUFORD CRITES, Chairman PLANNING COMMISSION RESOLUTION N0. 1179 CONDITIONS OF APPROVAL CASE NO'S. PM 21142 & PP/CUP 86-43 Department of Community Development: 1. This approval shall be contingent upon approval and execution of DA 86-7. 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, other- wise 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: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Riverside County Department of Health 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 occupant 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 25% of the annual maintenance exterior landscaping budget for the project, plus reserves for major repair and replacement. 9. Applicant shall pay school impact fees of $628 per unit or as arranged by the Desert Sands Unified School District. 3 PLANNING COMMISSION RESOLUTION NO. 1179 10. Applicant shall provide an additional two (2) pools for a total of three, and a tennis court to be constructed in Phase II, to be approved by the architectural commission. 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. 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. Improvement plans for water and sewer systems shall be approved by the respective service district with "as -built" plans submitted to the department of public works prior to the project final. 6. 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. 7. All private streets shall be inspected by the engineering department and a standard inspection fee shall be paid prior to recordation of the final map. 8. Landscaping maintenance on Fred Waring Drive shall be provided by the property owner. 9. Existing utilities on Fred Waring Drive shall be undergrounded per each respective utility district's recommendation. 10. Traffic safety striping on Fred Waring 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. 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. 4 PLANNING COMMISSION RESOLUTION NO. 1179 12. Dedication to fifty five feet of right-of-way on Fred Waring Drive shall be done prior to issuance of any permits and approval of plans. 13. Installation of curb and gutter, matching paving and sidewalk on Fred Waring Drive. 14. Waiver of access to Fred Waring Drive except at approved locations shall be granted on the final map. 15. Offsite improvement plans to be approved by public works department and a surety posted to guarantee the required offsite improvements prior to recordation of the final map. 16. Full improvement of interior streets based on private street standards as established in accordance with Chapter 26, Section 26.40.040, C.P.D. Code. 17. Installation of one-half landscaped median in Fred Waring Drive or cash payment for one-half the cost of landscaped median at the option of the director of public works. 18. Installation of sewers to serve this project. 19. Size, number and location of driveways to public works specifications with only three driveway approaches to be allowed to serve this property. 20. Complete parcel map shall be submitted as required by ordinance to the city engineer for checking and approval and be recorded before issuance of certificate of occupancy by the building department. City Fire Marshal: 1. Install a water system for clubhouse and E.C.B's capable of delivering 3000 GPM fire flow from any fire hydrant for a 3 hour duration. Install a water system for villas capable of delivering 2500 GPM fire flow for a 2 hour duration. All fire flows shall be in addition to domestic supply and based upon a minimum of 20 psi residual. 2. Install Riverside County super fire hydrants so that no point of the clubhouse is more than 200 feet from a fire hydrant measured along approved vehicular travel ways, 250 feet for villas. 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. c. hydrants shall not be located closer than 25 feet to any building. PLANNING COMMISSION RESOLUTION NO. 1179 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 TT 21142/PP 85-47 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. 7. All buildings over 5,000 square feet require an approved fire sprinkler system. 8. All cul-de-sacs over 500 feet long require a secondary emergency access. 9. All buildings beyond 150 feet will require a fire sprinkler system and a standpipe system. 10. A State Fire Marshal approved fire alarm system will be required. 11. The location of all fire hydrants, fire sprinkler connections and fire standpipe connections shall be approved by the fire marshal. /dlg 6 NNW PLANNING COMMISSION RESOLUTION N0. 1179 EXHIBIT "A" SILVERADO 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 Pamela and Dale Smallwood (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 43 (hereinafter "PROJECT") to construct 344 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 conditions of said approval and do hereby agree to the following terms and conditions. 7 PLANNING COMMISSION RESOLUTION NO. 1179 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. B. CONGREGATE CARE - A type of senior citizen housing designed for ambulatory essentially healthy senior citizens who are no longer willing or able to perform basic housekeeping activities. Usually included in rent are services and meals, maid service, laundry and transportation. C. 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. D. 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 8 ../ PLANNING COMMISSION RESOLUTION NO. 1179 (HUD) or other officially recognized agencies, such data shall become the basis of this agreement. E. 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. F. 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 344 rental units for senior citizen households on the PROPERTY by Precise Plan/Conditional Use Permit 86-43, Planning Commission Resolution No. As a condition of said approval DEVELOPER is required, and hereby agrees to reserve and make 9 PLANNING COMMISSION RESOLUTION NO. 1179 affordable 51. (-2$ units) of the project for VERY LOW INCOME SENIOR HOUSEHOLDS, 10% (5-5 units) for LOWER INCOME SENIOR HOUSEHOLDS and 10% 34 (56 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 Studio 17 $9,400 $235 1 Bedroom 35 $17,150 $429 2 Bedroom 34 $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, Congregate Care services for an additional cost. This agreement in no way restricts or limits optional congregate 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 10 J PLANNING COMMISSION RESOLUTION N0. 1179 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 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 six 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 terms or conditions of this agreement, then the commission 11 PLANNING COMMISSION RESOLUTION NO. 1179 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. 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 12 PLANNING COMMISSION RESOLUTION NO. 1179 AGREEMENT is 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. (Notarized) ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California /dlg THE CITY OF PALM DESERT By By PAMELA AND DALE SMALLWOOD By By 13