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HomeMy WebLinkAboutRes No 1296PLANNI1C C MMISSIQI RESOLUTION NO. 1296 A RESOLUTION OF THE PLANNING CxiiissiON OF THE CITY OF PALM DESERT, CALIFORNIA, REGCMEIDING TO CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, AMENCMENTS TO, PRECISE PLAN/CONDITIONAL USE PERMIT, AND DEVELOPMENT AGREEMENT FOR A 150 UNIT SENIOR HOUSING PROJECT ON 7.2 ACRES LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE, 1600 1.h1' EAST OF MONTEREY AVENUE. CASE ND: PP/CUP 86-22 & DA 86-5 (AME(U NPS) WHEREAS, the Planning Conmissiorn of the City of Palm Desert, California did on the 5th day of July 1988 hold a duly noticed public hearing to consider a request by USA/FAIRFIELD for approval of a Negative Declaration of Environmental Impact and precise plan/conditicnal use permit and a development agreement for a 150 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 city council did find the following facts to exist to justify their actions. 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 Palm Desert 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. 4. The project will greatly expand housing opportunities for low and moderate income senior citizen households. PLANNING CCNMISSICN RESOLUrICN ND. 1296 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 inane senior citizen household. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitation are true and correct and constitute the findings of the council in this case. 2. That Case No's PP/CUP 86-22, as amended, DA 86-5 Exhibit "A" and associate Negative Declaration of Envirnnnental Impact Exhibit "B" 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 5th day of July, 1988, by the following vote, to wit: AYES: ERWOOD, DOWNS, LADLOW, RICHARDS, WHITLOCK NOES: NINE ABSENT: NONE ABSTAIN: NONE ATTEST: ,f , t h1.ZY-- / i . Y-L` 4 1 A. DIAZ, Secretary /fr 2 RICHARD ERWOOD, Chairman PLANNING COMMISSION RESOLUTION ND. 1296 CO DI'TIQNS OF APPROVAL CASE ND. PP/CUP 86-22 Department of CKxnnmity Development: 1. This approval shall be contingent upon approval and execution of DA 86-5 as amended. 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. Applicant shall pay $600/acre Fringe -toed lizard mitigation fee. 9. Project shall pay school impact fees as determined by the Desert Sands Unified School District. 3 PLANNING COMMISSION RESOLUTION ND. 1296 10. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and_bind successors and ai-digns. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 507, shall be paid prior to issuance of grading permit. 2. Drainage facilities, as cRsignated within the North side Area Drainage Master Plan shall be provided to the specifications of the Director of Public Works. 3. Storm Drain construction shall be contingent upon a drainage study prepared by a civil engineer that is reviewed and approved by the Department of Public Works. 4. Signalizaticn fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of grading permit. 5. Full public improvements, as required by Section 26.44 and 26.40 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. 6. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, canplete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be approved by Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to issuance of grading permit. Such offsite improvanents shall include, but not limited to, curb and gutter, asphalt paving and concrete sidewalk in an appLv�riate size and configuration. "As -built" plans shall be submitted to, and approved by, the Director of Public Works prior to the acceptance of the invammments by the City. 7. 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. 8. Landscaping maintenance on Country Club Drive shall be provided by the property owners. 4 RANKING (NIISSICN RESOL IQi ND. 1296 9. As required tinder Section 12.16 and 26.44 of the Palm Desert Municipal Cbde, all existing utilities shall be undergrounded per each respective utility district's recommendation. If determined to be unfeasible, applicant shall agree to participate in any future utility uniargrounding district. 10. In accordance with Palm Desert Municipal (lode Section 26.44, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 11. As required by Sections 26.32 and 26.40 of the Palm Desert Municipal Code, and in accordance with the Circulation Network of the City's General Plan, dedication of half -street right-of-way at 55 feet an Country Club Drive. 12. In accordance with the Circulation Network of the City of Palm Desert's General Plan, installation of one-half landscaped median island in Country Club Drive shall be provided. A cash payment in lieu of actual installation may be submitted at the option of the Director of Public Works. 13. 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. 14. Size, number and location of driveways to Public Works specifications with only one driveway approach to be allowed to serve this property. 15. Any and all off -site improvements shall be preceded by the approval of plans and the issuance of valid encroachment permit(s) by the Department of Public Works. 16. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to issuance of the grading permit. City Fire Marshal: 1. Install a water system capable of delivering 4000 GPM fire flow fran 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. 5 PLANNING COMISSICN RFSOUffICN ND. 1296 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". 5. Prior to delivery of canbustible 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 ccntaining 15 or more apartments. 9. All building areas beyond 150' of vehicular access will require a fire department standpipe system. 10. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 6 ExmBIT "A" AFFCRDAS E SENICR ICUSIM DEVELORIENT N E 4N This agreement, made as of this day of , 1986, between the City of Palm Desert, a California municipal corpuLation (hereinafter "CITY") and USA/FAIRFIELD REALTY FUND LTD. (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 as amended (hereinafter "PROJECT") to construct 150 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 irxxtie 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 ND. 1296 4. As used herein, the following terms shall be defined as: A. SENIOR CITIZEN H(7USE LD - Maximum two person household of which both members are 62 years of age or older. B. CDNVENTIONAL 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 canpatible with a less active lifestyle conventional senior housing resembles standard housing. C. VERY LOW INCOME SENIOR CITIZEN HCXJSEHOLDS - Senior citizen households whose gross income does not exceed 50% of the median incase for one 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 autanatically 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 became the basis of this agreement. D. LOWER INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen households whose gross incase does not exceed 80% of the median incase for one person households for Riverside County based upon 8 PLANNING CCH IISSION LION ND. 1296 financial and demographic data received from the United States Department of Housing and Oam unity 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 became the basis of this agreement. E. MODERATE INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen households whose income does not exceed 100% of the median income. Agneetaerrt 1. DEVELOPER has been ooatditionally granted permission by the CITY to construct 150 rental units for senior citizen households on the PROPERTY by Precise Plan/Conditic al Use Permit 86-22, Resolution No. . As a condition of said approval DEVELOPER is required, and hereby agrees to reserve and make affordable 5% (8 units) of the project for VERY LOW INCOME SENIOR HOUSEHOLDS, 10% (16 units) for LOWER INCOME SENIOR HOUSEHOLDS and 10% (16 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 9 PLANNING C I'T41SSION RESOL TPICN NO. 1296 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 8 $10,800 $270 Studio 15 $17,280 $432 1 Bedroom 15 $21,600 $540 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 or its assigned agent to determine compliance with all affordable housing provisia s of this agreanent. 10 .ir PLANNMG OCNMISSICN RESOLUTION NO. 1296 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 appiupu iate 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 carmissicn every 12 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 canpliance with the terms of the agreement. If as a result of this review, the °omission finds and determines, on the basis of substantial evidence that the developer has not complied in good faith with the terms or cr editions 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 ocmpliance. Any respcnsible 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 11 PLANNING C M 1SSION RESOLUTIM NO. 1296 planning catnissicn shall recannpnd 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 impravanents 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 Ammo/Ems 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. 9. The terms of this agreement shall remain in force as long as the PROJECT remains in existence. 12 r► PLANNING COMM ISSICN RE3OLITI.ZCN NO. 1296 IN WITNESS WHEREOF the parties have executed this AGREE NP the year and wig, date first above written. (Notarized) ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California /fr THE CITY OF PALM DESERT By By USA/FAIRFIELD REALTY FUND LTD. By By is PLANNING COVISSICti RESCLJiTIIPI M. 1296 EXHIBIT "1" LEGAL DESCRIPTIQ The east 7.2 acres of the west 15 acres of the northeast quarter of the northwest quarter of Section 8, Township 5 south range 6 east, San Bernardino base and meridian. 14 PLANNING COMMISSION RESO 1JTION NO. 1296 VERY LOW INOCME Household size - 1 $10,800 LOWER INCC[M E Household size - 1 $17,280 MJDERATE INOCME Household size - 1 $21,600 EXHIBIT "2" 16 PLANNING Oa/MISSION RESOLUTION TION IAA. 1296 EXHIBIT "B" NEGATIVE DECLARATICH Pursuant to Title 14, Division 6, Article 7, Section 15083 of the California Administrative Code. CODE E NO: PP/CUP 86-22 & DA 86-5 (AMENDME ITS ) APPLICANT/PROJECT SPONSOR: PROJECT DDSCRIPTICN/LOCANTICN: One hundred and fifty (150) unit senior citizen housing development on 7.2 acres located on the south side of Country Club Drive 1600 feet west of Monterey Avenue. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A cry of the initial study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. l RAMON A. DIAZ, ASSIST CITY MANAGER/DIRECTOR OF TY DEVELOPMENT RAD/fr 16 DATE: