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HomeMy WebLinkAboutRes No 1509PLANNING COMMISSION RESOLUTION NO. 1509 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF THE SENIOR HOUSING DEVELOPMENT AGREEMENT TO CITY COUNCIL AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 14 UNIT SENIOR APARTMENT PROJECT ON .61 ACRES AT 73-666 AND 73-688 SANTA ROSA WAY. CASE NO. CUP 91-5 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of April, 1991, hold a duly noticed public hearing to consider the request of RAYMOND HAAS for approval of a conditional use permit to allow construction of 14 senior apartment units on .61 acres at 73-666 and 73-688 Santa Rosa Way; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure 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 an adverse impact on the environment and a negative declaration has been prepared; 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 the granting of said conditional use permit: 1. The proposed location of the conditional use is in accord with the objectives of the zoning ordinance and the purpose of the district in which the site is located. 2. The proposed location of the conditional use and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. 4. The proposed conditional use complies with the goals, objectives, and policies of the city's adopted 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 NO. 1509 2. That approval of Conditional Use Permit 91-5 is hereby granted for reasons subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of April, 1991, by the following vote, to wit: AYES: DOWNS, ERWOOD, JONATHAN, RICHARDS, WHITLOCK NOES: NONE ABSENT: NONE ABSTAIN: NONE b44444"444571 .. , RAMON A. DIAZ, ec}'€ ary ATTEST: JW/tm CAROL WHITLOCK, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 1509 CONDITIONS OF APPROVAL CASE NO. CUP 91-5 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. 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. 4. 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: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Palm Desert Water & Services 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. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and department of community development. 6. All future occupants of the buildings shall comply with parking requirements of the zoning ordinance. 7. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 8. Project is subject to Art in Public Places fee per Ordinance No. 473. 3 PLANNING COMMISSION RESOLUTION NO. 1509 9. Final landscape plans shall comply with proposed August 24, 1989 parking lot tree planting master plan. 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 assigns. 11. Prior to issuance of a building permit the applicant shall enter into a development agreement with the City of Palm Desert providing three affordable units within the project. 12. Approval of this conditional use permit is contingent upon execution and recordation of an acceptable development agreement between the city and the property owner. 13. A deed restriction shall be added to the property limiting occupants to a minimum age of 62 years. The city shall have the ability to audit the property owner's rental records at any time to insure compliance. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code, shall be paid prior to issuance of a grading permit. 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of a grading permit. 3. Any storm drain construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works. 4. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable city standards. 5. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. 0ffsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety 4 PLANNING COMMISSION RESOLUTION NO. 1509 posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. Such improvements shall include, but not be limited to, concrete sidewalk in an appropriate size and configuration and installation of city standard driveway approach. "As -built" plans shall be submitted to, and approved by, the Director of Public Works prior to the acceptance of the improvements by the City. 6. All private driveways and parking areas shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. 7. Landscaping maintenance on Santa Rosa Way responsibility of the property owner. 8. As required under Palm Desert Municipal Code, utilities shall be placed underground. shall be the all existing 9. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. 10. Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of valid encroachment permits by the Department of Public Works. 11. 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 the issuance of the grading permit. 12. Size, number and location of driveways shall be to the specifications of the Department of Public Works with only one driveway approach to be allowed to serve this property. 13. Grading permit issuance shall be subject to a waiver of parcel map first being approved and recorded. As part of the parcel map waiver process, the applicant shall either provide for the pay-off or reapportionment of any city assessments against the subject property. 14. Building pad elevations are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 5 PLANNING COMMISSION RESOLUTION NO. 1509 Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced plan check the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC and/or recognized Fire Protection Standards: The fire department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per Uniform Fire Code Sec. 10.301C. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 3. Provide, or show there exists a water system capable of providing a potential gallon per minute 1500 for single family, 2500 for multifamily, and 3000 for commercial. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for two hours duration at 20 psi residual operating pressure. 4. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2-1/2" x 2-1/2") , located not less than 25' nor more than 200' single family, 165' multifamily, and 150' commercial from any portion of the building(s) as measured along approved vehicular travelways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. 5. A combination of on -site and off -site Super fire hydrants, (6" x 4" x 2-1/2" x 2-1/2"), will be required, located not less than 25' or more than 200' single family, 165' multifamily, and 150' commercial from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 6. Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange field inspection by the fire department prior to request for final inspection. 7. Prior to the application for a building permit, the developer shall furnish the original and two copies of the water system plan to the county fire department for review. No building permit shall be issued until the water system plan has been approved by the county fire chief. Upon approval, the original will be returned. One copy will be sent to the responsible inspecting authority. 6 PLANNING COMMISSION RESOLUTION NO. 1509 Plans shall conform to fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed by a registered civil engineer and may be signed by the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 8. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separations, or built-in fire protection measures such as a fully fire sprinklered building. Fire sprinklers will lower required fire flow to 1500 gpm. 9. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, not less than 25' from the building and within 50' of an approved hydrant. This applies to all buildings with 5000 square feet or more building area as measured by the building footprint, including overhangs which are sprinklered per NFPA 13. The building area of additional floors is added in for a cumulative total. Exempted are one and two family dwellings. 10. Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs approved by the fire marshal. 11. Install a fire alarm as required by the Uniform Building Code and/or Uniform Fire Code. Minimum state law requires smoke detectors, hard wired -battery backup. 12. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75' walking distance. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens. 13. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall not be less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn- around (55' in industrial developments). Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 10' diameter. City standards may be more restrictive. 7 PLANNING COMMISSION RESOLUTION NO. 1509 14. The minimum width of interior driveways for multi -family or apartment complexes shall be: a. 24 feet wide when serving less than 100 units, no parallel parking, carports on each side as shown. b. 28 feet wide when serving between 100 and 300 units; carports or garages allowed on both sides, no parallel parking. c. 32 feet wide when serving over 300 units or when parallel parking is allowed on one side. d. 36 feet wide when parallel parking is allowed on both sides. 15. If gated, whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the fire department. All controlled access devices that are power operated shall have a radio -controlled over- ride system capable of opening the gate when activated by a special transmitter located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices that are not power operated shall also be approved by the fire department. Minimum opening width shall be 16' with a minimum vertical clearance of 13'6". One "F" frequency transmitter shall be provided to fire marshal for each gate installed. 16. Contact the fire department for a final inspection prior to occupancy. 17. All new residences/dwellings are required to have illuminated residential addresses meeting both city and fire department approval. Shake shingle roofs are no longer permitted in the cities of Indian Wells, Rancho Mirage or Palm Desert. All questions regarding the meaning of these conditions should be referred to the fire department fire protection/inspection staff at phone (619) 346-1870 or Indian Wells Station 55, 44-900 El Dorado Drive in Indian Wells, CA 92260. Other: Highly recommend fire sprinklers as this would reduce fire flow and hydrant requirements. 8 PLANNING COMMISSION RESOLUTION NO. 1509 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: CUP 91-5 APPLICANT/PROJECT SPONSOR: Raymond W. Haas 73-730 Highway 111, Suite 6 Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: A 14 unit senior apartment project on a .61 acre site at 73-666 and 73-688 Santa Rosa Way. 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 copy 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. *A April 16, 1991 DATE DIRECTOR OF COMMU Y DEVELOPMENT JW/tm 9 PLANNING COMMISSION RESOLUTION NO. 1509 EXHIBIT "B" SENIOR HOUSING DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND RAYMOND W. HAAS THIS AGREEMENT is entered into this , day of 1991, between Raymond W. Haas, (hereinafter "Property Owner") and the City of Palm Desert, (hereinafter "City"), a municipal corporation organized and existing under the laws of the State of California. RECITALS This Agreement is predicated upon the following facts: A. Government Code Sections 65864-65869.5 authorize the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property; B. Property Owner has requested the City to consider entering into a development agreement and proceedings have been taken in accordance with Government Code Sections 65864-65869.5; C. The City Council of City has found that the development agreement is consistent with the general plan (and the Palma Village Specific Plan); and 10 PLANNING COMMISSION RESOLUTION NO. 1509 D. On , 1991, the City Council of City adopted Ordinance No. approving the development agreement with Property Owner and the ordinance thereafter took effect on , 1990. NOW, THEREFORE, the parties agree: 1. Definitions. In this Agreement, unless the context otherwise requires: (a) "City" is the City of Palm Desert. (b) "Project" is the development proposed to be approved by the City pursuant to Conditional Use Permit 91-5. (c) "Property Owner" means the person having a legal or equitable interest in the real property as described in paragraph (3) and includes the Property Owner's successor in interest; (d) "Real property" is the real property referred to in paragraph (3). (e) "Useful Life of the Project" is the greater of thirty (30) years or the period of time which the Project remains habitable, with reasonable care and maintenance, as determined by City. (f) "Senior Citizen Household" means a maximum two person household of which all members are 62 years of age or older. (g) "Lower Income Senior Citizen Household" means senior citizen households whose gross income does not exceed 800 of the median income for one and two person households for Riverside County based upon financial and demographic data received from the United States 11 PLANNING COMMISSION RESOLUTION NO. 1509 Department of Housing and Community Development (HUD) or its successor agency. This information is included in Exhibit "B" and shall be updated 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. (h) "Moderate Income Senior Citizen Household" means senior citizen households whose income does not exceed 100% of the median income. 2. Exhibits. The following documents are referred to in this Agreement, attached and made a part by this reference: Exhibit Designation Description A Real property B Palm Desert Affordable Housing Income and Rent Schedule, October 1990 Excerpt 3. Description of real property. The real property which is the subject of this Agreement is described in Exhibit A. 4. Interest of Property Owner. Property Owner represents that he has a full legal and equitable interest in the real property and that all other persons holding legal or equitable interests in the property are to be bound by the agreement. 5. Assignment. The rights of the Property Owner under this Agreement may not be transferred or assigned unless the written consent of the City if first obtained. 12 PLANNING COMMISSION RESOLUTION NO. 1509 6. Binding effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors in interest to the parties to it. 7. Relationship of parties. It is understood that the contractual relationship between the City and Property Owner is such that the owner is an independent contractor and not the agent of the City. 8. Agreements by City. City desires to make the Project affordable to lower and moderate income senior households and desires to implement City's general plan housing goals. In consideration of the agreements set forth herein, the City agrees: (a) Proceedings. City shall conduct, in a timely manner, those proceedings necessary to consider Developer's application for all necessary approvals, including but not limited to a precise plan, for the Project. (b) Certificate of Completion. Promptly after completion of the Project, City shall provide Property Owner with an instrument ("Certification of Completion") so certifying. The Certificate of Completion shall be the conclusive determination that the obligation of Property Owner with respect to construction of the Project has been met. The Certificate of Completion shall be in such form as will enable it to be recorded in the official records of the County of Riverside. 9. Agreements by Property Owner. In consideration of the agreements by City contained in this Agreement, Property Owner agrees: 13 PLANNING COMMISSION RESOLUTION NO. 1509 (a) Property Owner shall reserve of the total units for rent two (2) units for a Lower Income Senior Household and one (1) unit for a Moderate Income Senior Household. Such units shall be referred to as "Affordable Units" for purposes of this Agreement. (b) Monthly rents for these Affordable Units shall not exceed thirty percent (30%) of the maximum gross monthly income as shown for the respective units in Exhibit "B". Rents in Exhibit "B" shall include a utility adjustment as determined by the Riverside County Housing Authority. (c) The maximum initial rents charged, the maximum income levels and the unit mix for the Affordable Units, during the first twelve (12) months following completion of the Project, shall be as follows: Maximum Maximum # of Annual Initial Unit Type Units Income Nbnthly Rent Studio (537 sq. ft.) 2 $18,950 (Lower) $388 Studio (537 sq. ft.) 1 $23,650 (Moderate) $504 (d) The Affordable Units shall be of a quality and design indistinguishable from the market units, and shall be evenly distributed throughout the Project. The Affordable Units shall be periodically rotated as vacancies permit. (e) Developer or its assigned management agent shall be responsible for determining the eligibility of prospective tenants. 14 PLANNING COMMISSION RESOLUTION NO. 1509 Prior to opening the apartment project, Developer shall submit for approval a plan to City describing the procedure for determining and enforcing eligibility requirements. This plan shall include annual qualification by all eligible households and shall be subject to review and approval by City. The City or its assigned agent may request an audit to determine compliance with all affordable housing provisions of this Agreement. Audit shall be requested as the City deems necessary and shall be at the property owner's expense. (f) The initial rents as described in subsection (c) may be adjusted annually in accordance with the percentage increase shown in the most current applicable lower and moderate income limits for Riverside County published by the United States Department of Housing and Urban Development or any successor agency, adjusted for changes in the Riverside County Housing Authority utility allowance and as verified by the applicable City of Palm Desert Affordable Housing Income and Rent Schedule. (g) Developer shall not discriminate on the basis of race, color or creed, sex, or national origin. (h) Developer or its successors in interest shall reserve the Affordable Units as set forth in this Agreement for the Useful Life of the Project and Project owner shall not sell or otherwise change the use of the Project without prior written consent of City. (i) Age limits. The minimum age for all Project occupants shall be 62 years old. 15 PLANNING COMMISSION RESOLUTION NO. 1509 (j) Beginning construction. Property Owner agrees to begin the Project within two (2) years after the execution of this Agreement. City Council, at its discretion and for good cause shown, may grant up to three (3) one-year time extensions. 10. Change in project. No change, modification, revision or alteration may be made in the approved precise plan without review and approval by those agencies of the City approving the plan in the first instance. A change, modification, revision or alteration in the approved precise plan is not effective until the parties amend this Agreement to incorporate it. 11. Hold Harmless. Property Owner agrees to and shall hold the City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of the Property Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the Project. Property Owner agrees to and shall defend the City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Property Owner's activities in connection with the Project. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this paragraph, regardless of whether or not 16 PLANNING COMMISSION RESOLUTION NO. 1509 the City prepared, supplied, or approved plans or specifications or both for the Project. Property Owner further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action challenging the validity of the Development Agreement. 12. Periodic Review of Compliance With Agreement. (a) City Planning Commission shall review this Development Agreement whenever substantial evidence exists to indicate a possible breach of the terms of this Agreement. (b) At least once each year, Property Owner shall demonstrate good faith compliance with the terms of this Development Agreement. Property Owner agrees to furnish such evidence of good faith compliance as City, in the exercise of its discretion, may require. City shall have the right to audit the books and records of Property Owner or its management company that apply to the Project at Property Owner's cost and expense upon request and at least annually. 13. Amendment or Cancellation of Agreement. This Development Agreement may be amended or cancelled in whole or in part by mutual consent of the parties and in the manner provided for in Government Code, sections 65868, 65867 and 65867.5. 14. Enforcement. Unless amended or cancelled as provided in paragraph 13, this Development Agreement is enforceable by any party to it notwithstanding a change in the applicable general or specific plan, zoning, subdivision or building regulations adopted by City which alter 17 PLANNING COMMISSION RESOLUTION NO. 1509 or amend the rules, regulations or policies governing permitted uses of the land, density, design, improvement and construction standards and specifications. 15. Events of default. Property Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: (a) If a warranty, representation or statement made or furnished by Property Owner to City is false or proves to have been false in any material respect when it was made; (b) A finding and determination by City made following a periodic review under the procedure provided for in Government Code, section 65865.1, that upon the basis of substantial evidence Property Owner has not complied in good faith with any of the terms or conditions of this Agreement. (c) Property Owner's failure to maintain the Real Property in substantially the same condition as it existed on the date that City issued the Certificate of Occupancy with respect to the Project or to restore promptly in good and workmanlike manner any building which may be damaged or destroyed. (d) Property Owner's failure to appear in and defend any action or proceeding purporting to effect the rights or powers of City under the terms of this Development Agreement, and to pay all costs and expenses, including attorney's fees in a reasonable sum, in any such action or proceeding in which City may appear. 18 PLANNING COMMISSION RESOLUTION NO. 1509 the time 16. or other (e) Property Owner's failure to commence construction within limits set forth in section 9 (j) herein. Procedure upon default. If, as a result of periodic review, review of this. Agreement, the Planning Commission or City finds and determines, on the basis of substantial evidence, that Property Owner has not complied with the terms or conditions of this Agreement, the Commission shall notify the Property Owner or successor in interest as to the specific nature of noncompliance, and describe the remedies required to achieve compliance. Property Owner has thirty (30) days upon receipt of notification to take remedial actions. If Property Owner fails to take remedial action within thirty (30) days, the Planning Commission of City shall recommend to the City Council of City that this Development Agreement be modified, terminated, or that the remedies set forth in this paragraph be exercised by the City. If the City Council of City concurs with the recommendation of the City's Planning Commission, the City Council may modify this Development Agreement, terminate this Development Agreement, or may employ one or more of the remedies set forth in this paragraph. Proceedings before the City Council shall be by noticed public hearing pursuant to Chapter 25.86 of the Municipal Code of the City of Palm Desert. In the event of a default, City may employ one or more of the following remedies, in its sole discretion: 19 PLANNING COMMISSION RESOLUTION NO. 1509 (i) City may revoke all previous approvals, entitlements and permits granted by the City to Property Owner with respect to this Project and the subject Real Property. (ii) City may pursue all other legal or equitable remedies City may have under California law or as set forth in this Development Agreement and City shall be entitled to specific performance and enforcement of each and every term, condition and covenant set forth herein. 17. Damages upon cancellation, termination of Agreement. In no even shall Property Owner be entitled to any damages against the City upon modification, termination of this Development Agreement or exercise by City of its rights under this Development Agreement. 18. Attorneys fees and costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. 19. Notices. All notices required or provided for under this Development Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notice required to be given to City shall be addressed as follows: City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, California 92260. Notices required to be given to Property Owner shall be addressed as follows: Raymond W. Haas, 73-730 Highway 111 Suite 6, Palm Desert, California 92260. 20 PLANNING COMMISSION RESOLUTION NO. 1509 A party may change the address by giving notice in writing to the other party and therefore notices shall be addressed and transmitted to the new address. 20. Rules of construction and miscellaneous terms. (a) The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. (b) If a part of this Agreement is held to be invalid, the remainder of this Agreement is not affected. (c) If there is more than one signer of this Agreement their obligations are joint and several. (d) The time limits set forth in this Agreement may be extended by mutual consent of the parties in accordance with the procedures for adoption of an agreement. 21. Duration of Agreement. This Agreement shall expire only upon total destruction of the apartment project which is the subject of this Development Agreement. 22. Applicable Law. This Agreement shall be construed according to the laws of the State of California. 23. Severability. If any portion of this Agreement is for any reason held to be unenforceable, such determination shall not effect the validity of the remaining portions. 24. Authority. Each of the parties hereto covenant and agrees that it has the legal capacity to enter into this Agreement contained herein, that each agreement is binding upon that party and that this 21 PLANNING COMMISSION RESOLUTION NO. 1509 Agreement is executed by a duly authorized official acting in his official capacity. IN WITNESS WHEREOF this Development Agreement has been executed by the parties on the day and year first above written. Approved as to form: CITY OF PALM DESERT A Municipal Corporation KANDY LEE ALLEN Deputy City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) By: Attest: By: RAYMOND W. HAAS On this day of , 1990, before me, a Notary Public in and for said State, personally appeared , known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument on behalf of , and acknowledged to me that executed the same. 22 PLANNING COMMISSION RESOLUTION NO. 1509 EXHIBIT A Legal Description/Ownership Lot 12, P.V.G.T. MB 21/56-57 and Lot 5, P.V.G.T. #2 MB 22/50 Ownership Mr. Raymond W. Haas 73-730 Highway 111, #6 Palm Desert, CA 92260 PLANNING COMMISSION RESOLUTION NO. 1509 EXHIBIT B Palm Desert Affordable Housing Income and Rent Schedule October 1990 Excerpt Lower Income Moderate Income MAXIMUM INCOME MAXIMUM RENT $18,950 $388 23,650 $504 24