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HomeMy WebLinkAboutRes No 1912PLANNING COMMISSION RESOLUTION NO. 1912 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO SENIOR OVERLAY, ZONE CHANGE FROM PLANNED RESIDENTIAL FIVE DWELLING UNITS PER ACRE TO SENIOR OVERLAY, A PRECISE PLAN AND CONDITIONAL USE PERMIT FOR A HEALTH AND WELLNESS RESORT FOR SENIORS CONSISTING OF A 161 BED SKILLED NURSING FACILITY, 150 BED ASSISTED LIVING FACILITY, 288 APARTMENT UNITS AND 182 CASITA UNITS, WITH A DEVELOPMENT AGREEMENT ON 75 ACRES SOUTHWEST OF COUNTRY CLUB DRIVE AND PORTOLA AVENUE. CASE NOS. GPA 98-6, C/Z 98-7 AND PP/CUP 98-21 AND ASSOCIATED DEVELOPMENT AGREEMENT WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of January, 1999, hold a duly noticed public hearing which was continued to January 19, 1999, to consider the request of ROYCE INTERNATIONAL INVESTMENTS CO. for approval of a general plan amendment from low density residential to senior overlay, zone change from planned residential five dwelling units per acre to senior overlay, a precise plan and conditional use permit for a health and wellness resort for seniors consisting of a 161 bed skilled nursing facility, 150 bed assisted living facility, 288 apartment units and 182 casita units, with a development agreement and Negative Declaration of Environmental Impact on 75 acres southwest of Country Club Drive and Portola Avenue; 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. 97-18," in that the Director of Community Development has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration of Environmental Impact has been prepared; 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 request: 1. The site is suitable for the general plan amendment. 2. The zone change is consistent with the general plan amendment. 3. The precise plan is consistent with the intent and purpose of the Planned Residential zone and Senior Housing Overlay. PLANNING COMMISSION RESOLUTION NO. 1912 4. The design of the precise plan/conditional use permit will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 5. The precise plan/conditional use permit will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 6. The precise plan/conditional use permit will not endanger the public peace, health, safety or general welfare. 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 approval of General Plan Amendment 98-6, Change of Zone 98-7 and Precise Plan/Conditional Use Permit 98-21 are hereby recommended to City Council, subject to the attached conditions. 3. That a Negative Declaration of Environmental Impact, Exhibit A attached, is recommended for certification. 4. That approval of the development agreement (Exhibit B attached) is hereby recommended to City Council. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of January, 1999, by the following vote, to wit: AYES: BEATY, JONATHAN, CAMPBELL NOES: FINERTY ABSENT: NONE ABSTAIN: LOPEZ ATTEST: PHILIP DRELL, ecretary Palm Desert Planning Commission 2 )-L-1 SONIA M. CAMPBELL, Chairperson PLANNING COMMISSION RESOLUTION NO. 1912 CONDITIONS OF APPROVAL CASE NOS. GPA 98-6, C/Z 98-7, PP/CUP 98-21 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 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 and shall include a recycling program. 6. Each villa and casita unit shall have designated a parking space under a carport. 7. Oleanders behind Casablanca shall be preserved until site soil has been stabilized as determined by the Director of Community Development. 3 PLANNING COMMISSION RESOLUTION NO. 1912 8. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. Method of compliance shall be established prior to completion of the Architectural Review Commission process. 9. 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. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 10. Project shall be subject to the $600/acre Coachella Valley Fringe Toed Lizard mitigation fee. In addition, project shall pay a special fee of $6,000 toward mitigation of habitat destruction of other species of concern included in the Coachella Valley Multiple Species Habitat Conservation Plan. 11. Parking spaces for skilled nursing facility shall be relocated where they conflict with fire access road. Department of Public Works: 1. Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and Ordinance No. 653 shall be paid prior to issuance of any permits associated with this project. 2. Drainage facilities shall be provided in accordance with Section 26.49 of the Palm Desert Municipal code and the Master Drainage Plan. Drainage facility construction required for this project shall be contingent upon a drainage study prepared by a registered civic engineer that is reviewed and approved by the Department of Public Works prior to start of construction. The project shall utilize existing off -site drainage facilities as may be appropriate for project drainage. 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. The costs associated with the modification of the existing Country Club Drive/project entry traffic signal system may be used as a credit against the subject signalization fees. Such credit would be subject to approval by the Palm Desert City Council. 4 PLANNING COMMISSION RESOLUTION NO. 1912 4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 5. 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 a grading permit. 6. Applicant shall comply with the provisions of Municipal Code Section 24.08, Transportation Demand Management. 7. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 8. 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 to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 9. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of any permits associated with this project. 10. In accordance with the Circulation Network of the Palm Desert General Plan, installation of a median island in Country Club Drive shall be provided. Landscape treatment shall be water efficient in nature and shall be in accordance with the City of Palm Desert landscape design standards. Landscaping maintenance for the required median island shall be provided through a property owners association. Applicant shall be responsible for executing a declaration of Conditions, Covenants and Restrictions, which declaration shall be approved by the City of Palm Desert and recorded with the County Recorder. The declaration shall specify: (a) the applicant shall oversee the formation of a property owners association; (b) the property owners association shall be formed prior to the recordation of the Parcel Map; and (c) the aforementioned landscaping shall be the responsibility of the property owners association. 11. Landscape installation on the property frontages shall be water efficient in nature and maintenance shall be provided in the same manner specified above. 12. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control and Section 24.20 Stormwater Management and Discharge Control. 5 PLANNING COMMISSION RESOLUTION NO. 1912 13. The location and permitted movements of all project entry points shall be subject to the review and approval of the Director of Public Works and shall include right turn only ingress/egress for the Portola Avenue access points and full access (with traffic signal) for the Country Club Drive access point. 14. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. In addition to all standard engineering design parameters, the plan shall address appropriate circulation -related issues with the improvement of interior streets based on residential street standards in accordance with Section 26.40 of the Palm Desert Municipal Code. 15. 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 and the city's Circulation Network. Specific project related offsite/onsite improvements shall include, but not be limited to the following: * Construction of curb, gutter and paving as well as sidewalk in an appropriate size and configuration along both the Country Club Drive and the Portola Avenue project frontages. * Construction of acceleration/deceleration lanes for the Country Club Drive and northerly Portola Avenue project entries. * Construction of transit facilities in accordance with Sunline Transit Agency specifications including a custom non -advertising bus shelter consistent with project architecture. * Modification of existing traffic signal at the Country Club Drive entry for project entry/exit including interconnect to existing signals to the east and west and provisions for cost sharing (25%) for future energy and maintenance costs. Rights -of -way as may be necessary for the construction of required public improvements shall be provided prior to the issuance of any permits associated with the project. 16. Traffic safety striping on Country Club Drive, Portola Avenue and the proposed interior streets 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 prior to the placement of any pavement markings. 6 PLANNING COMMISSION RESOLUTION NO. 1912 17. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 18. Prior to start of construction, the applicant shall submit a Waiver of Parcel Map application for lot line adjustment. 19. As required under the Palm Desert Code, all existing overhead utilities shall be converted to underground in accordance with the respective utility company recommendation. 20. Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination (NPDES) General Permit (Permit # CAS000002) for storm water discharges associated with construction activity. Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced plan check, 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 California Fire Code Sec. 10.301 C. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible materials are placed on the job site. 3. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of 2500 for multi -family and 3000 gpm for assisted living and skilled nursing. 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"x4"x2-1 /2"x2- 1 /2"), located not less than 25' nor more than 150' from any portion of the building(s) as measured along approved vehicular travelways. Hydrants installed below 3000 feet elevation shall be of the "wet barrel" type. 5. Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow. 7 PLANNING COMMISSION RESOLUTION NO. 1912 6. 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 3000 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. NFPA 13R will not be recognized on any buildings. 7. Install a fire alarm (water flow) as required by the Uniform Building Code 3803 for sprinkler system. Install tamper alarms on all supply and control valves for sprinkler systems. 8. 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. 9. Install a fire alarm as required by the California Building Code and/ or California Fire Code. Minimum requirements is UL central station monitoring of sprinkler systems per NFPA 71 and 72. Alarm plans are requires for all UL central station monitored systems and systems where any interior devices are required or used. (UFC Sec. 14.103 (a)) 10. Install portable fire extinguishers per NFPA, Pamphlet # 10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75 feet walking distance. In addition to the above, a 40BC extinguisher is required for commercial kitchens. 11. Install a Hood/Duct automatic fire extinguishing system if operating a commercial kitchen including, but not limited to, deep fryers, grills, charbroilers or other appliancet which produce grease laden vapors or smoke. NFPA 96, 17, 17a. 12. 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 be not 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. 13. Whenever access into a private property is controlled through use of gates, barriers, guard house 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 Knox Box over -ride system 8 PLANNING COMMISSION RESOLUTION NO. 1912 capable of opening the gate when activated by a special key located in emergency vehicles. All controlled access devices that are not power operated shall also be approved by the fire department. Minimum opening width hall be 16' with a minimum vertical clearance of 13' 6". 14. This project may require licensing and/or review by State agencies. Applicant should prepare a letter of intent detailing the proposed usage to facilitate case review. Contact should be made with the Office of the State Fire Marshal (818-960-6441) for an opinion and a classification of occupancy type. This information and a copy of the letter of intent should be submitted to the Fire Department so that proper requirements may be specified during the review process. Typically this applies to educational, day care, institutional, health care, etc. 15. 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. 16. Commercial buildings shall have illuminated addresses of a size approved by the city. 17. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Fire Marshal's office for submittal requirements. 9 PLANNING COMMISSION RESOLUTION NO. 1912 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: PP/CUP 98-21 APPLICANT/PROJECT SPONSOR: PROJECT DESCRIPTION/LOCATION: Royce International Investments Co. Michael G. LaMelza 249 Las Entradas Drive Santa Barbara, CA 93108 A precise plan and conditional use permit for a health and wellness resort for seniors consisting of a 161-bed skilled nursing facility, 150 bed assisted living facility, 288 apartment units and 182 casita units, with a development agreement on 75 acres southwest of Country Club Drive and Portola 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 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. ry 19, 1999 PHILIP DREL DATE DIRECTOR O COMMUNITY DEVELOPMENT 10 PLANNING COMMISSION RESOLUTION NO. 1912 EXHIBIT B SENIOR HOUSING DEVELOPMENT AGREEMENT ROYCE INTERNATIONAL THIS AGREEMENT is entered into this , day of ,1998, between Royce International (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. 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 (PP 98-21) to construct a health club and wellness resort for seniors, 288 apartments, 182 casita units, 161 bed skilled nursing facility, 150 bed assisted living facility and zone change to senior overlay; 11 PLANNING COMMISSION RESOLUTION NO. 1912 C. The DEVELOPER has applied for precise plan approval pursuant to Chapter 25.52 of the Zoning Ordinance, Senior Housing Overlay District which allows for significant density increases in return for building specialized housing designed and restricted to residents over age 62 years; D. The City Council of City has found that the development agreement is consistent with the General Plan and Senior Overlay; and 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 to be constructed in the City pursuant to Precise Plan 98-21. (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 (2). (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. 2. Description of Real Property. The real property which is the subject of this Agreement is described in Exhibit A. 12 PLANNING COMMISSION RESOLUTION NO. 1912 3. 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. 4. Assignment. The rights of the Property Owner under this Agreement may not be transferred or assigned unless the written consent of the City is first obtained, whose approval shall not be unreasonably withheld. 5. 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. 6. 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. 7. Agreement by Property Owner and City. (a) Property Owner has been conditionally granted permission by the City to construct a health club and wellness resort for seniors, 288 apartments, 182 casita units, 161 bed skilled nursing facility, 150 bed assisted living facility and zone change to senior overlay on the PROPERTY by Precise Plan 98-21 Planning Commission Resolution No. . Chapter 25.52 requires senior projects to set aside 25% of total project units as units affordable for very low, low and moderate income senior households. These affordable units are required in exchange for substantial density bonuses (project units in excess of base zone density) which have historically ranged from 10 to 20 additional units per acre. The project is receiving a density bonus of 3.17 units/acre or 243 of the 625 total project units. In consideration for the relatively small density bonus being granted, the 25% 13 PLANNING COMMISSION RESOLUTION NO. 1912 affordable requirement shall be applied only to the 243. The project's affordable housing requirement shall therefore be established at 61 units. (b) Due to the unique range of services provided by the PROJECT, in -lieu of the requirements above the Property Owner shall provide: 1. Payment of $ 12,000 per affordable unit totaling $729,000 to the City to be used for the purpose of providing very low, low and moderate income senior housing. Payment shall be made in increments to the City prior to obtaining a building permit(s) for the project at the rate of $1,166 per unit. Fees shall be paid at time of Certificate of Occupancy for the assisted living and skilled nursing. (c) Property Owner shall not discriminate on the basis of race, color or creed, sex, or national origin. (d) Age limits. The minimum age for all PROJECT occupants shall be 62 years old. (e) 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 in not effective until the parties amend this AGREEMENT to incorporate it. (f) 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 14 PLANNING COMMISSION RESOLUTION NO. 1912 contractor, subcontractor, agent, employee or other person acting on his behalf which relates 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 operation referred to in this paragraph, regardless of whether or not 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. (g) Periodic Review of Compliance with Agreement. i. City Planning Commission shall review this DEVELOPMENT AGREEMENT whenever substantial evidence exists to indicate a possible breach of the terms of this AGREEMENT. (h) Amendment or Cancellation of Agreement. This DEVELOPMENT AGREEMENT may be amended or canceled 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. (i) Enforcement. Unless amended or canceled as provided in paragraph (j), this DEVELOPMENT AGREEMENT is enforceable by any party to it 15 PLANNING COMMISSION RESOLUTION NO. 1912 notwithstanding a change in the applicable general or specific plan, zoning, subdivision, or building regulations adopted by City which alter or amend the rules, regulations or policies governing permitted uses of the land, density, design, improvement and construction standards and specifications. (j) Events of default. Property Owner is in default under this AGREEMENT upon the happening of one or more of the following events or conditions: i 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; ii. 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. iii. Property Owner's failure to maintain the Real Property in substantially the same condition as it exists on the date that City issues the Certificate of Occupancy with respect to the PROJECT or to restore promptly in a good and workmanlike manner any building which may be damaged or destroyed. iv. Property Owner's failure to appear in and defend any action or proceeding purporting to affect the rights or powers of City under the terms of this DEVELOPMENT AGREEMENT, and to pay all costs and expenses, including attorneys' fees in a reasonable sum, in any such action or proceeding in which City may appear. 16 PLANNING COMMISSION RESOLUTION NO. 1912 (k) Procedure upon default. If, as a result of periodic review, or other 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: 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 17 PLANNING COMMISSION RESOLUTION NO. 1912 shall be entitled to specific performance and enforcement of each and every term, condition and covenant set forth herein. (I) Damages upon Cancellation, Termination of Agreement. In no event 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. (m) Attorney's 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. (n) 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 prepared. 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: 249 Las Entradas Drive, Santa Barbara, CA 93108. 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. (o) Rules of Construction and Miscellaneous Items. i. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. ii. If a part of this AGREEMENT is held to be invalid, the remainder of this AGREEMENT is not affected. 18 PLANNING COMMISSION RESOLUTION NO. 1912 iii. If there is more than one signer of this AGREEMENT their obligations are joint and several. iv. 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. (p) Duration of Agreement. This AGREEMENT shall expire only upon total destruction of the apartment project which is the subject of this DEVELOPMENT AGREEMENT. (q) Applicable Law. This AGREEMENT shall be construed according to the laws of the State of California. (r) Severability. If any portion of this AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. (s) Authority. Each of the parties hereto covenants 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 AGREEMENT is executed by a duly authorized official acting in his official capacity. 19 PLANNING COMMISSION RESOLUTION NO. 1912 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 City Attorney STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) By: Attest: ROYCE INTERNATIONAL By: By: On this day of , 1998, 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. 20 PLANNING COMMISSION RESOLUTION NO. 1912 EXHIBIT 1 LEGAL DESCRIPTION The west half of Lot 23 of Palma Village excepting the south 85.5 feet as per map recorded in Book 20, page 51 of maps, records of Riverside County, California.