HomeMy WebLinkAboutRes No 1927PLANNING COMMISSION RESOLUTION NO. 1927
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY
COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT FROM
MEDIUM DENSITY RESIDENTIAL TO SENIOR OVERLAY, ZONE
CHANGE FROM R-2 4,000 TO R-2 4,000 S.O. (SENIOR
OVERLAY), A PRECISE PLAN AND CONDITIONAL USE PERMIT
FOR 76 SENIOR (AGE 62 AND OLDER) APARTMENT PROJECT
WITH A DEVELOPMENT AGREEMENT AND NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES
THERETO ON 3.38 ACRES ON THE WEST SIDE OF CALIFORNIA
AVENUE SOUTH OF NEW YORK AVENUE, 77-080 CALIFORNIA
AVENUE.
CASE NOS. GPA 99-1, C/Z 99-1, PP/CUP 99-6 AND
ASSOCIATED DEVELOPMENT AGREEMENT
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 1st day of June, 1999, hold a duly noticed public hearing to consider the request of
RAYMOND T. TROLL for approval of the above noted cases; 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; 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 recommending to City Council
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 R-2 zone
district and Senior Housing Overlay.
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.
PLANNING COMMISSION RESOLUTION NO. 1927
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 99-1, Change of Zone 99-1 and
Precise Plan/Conditional Use Permit 99-6 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 1st day of June, 1999, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, LOPEZ, JONATHAN
NOES: NONE
ABSENT: BEATY
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, ' ecretary
Palm Desert Planning Commission
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SABBY JON AN Chairperson
PLANNING COMMISSION RESOLUTION NO. 1927
CONDITIONS OF APPROVAL
CASE NOS. GPA 99-1, C/Z 99-1, PP/CUP 99-6
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development, 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. 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.
7. 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
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PLANNING COMMISSION RESOLUTION NO. 1927
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 Tong -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.
8. That the applicant shall pay the Coachella Valley Fringe -Toed Lizard Mitigation Fee
($100 per acre) and that the applicant shall agree to pay appropriate mitigation fees
for the milk vetch and other threatened or endangered plant and animal species. Said
mitigation fee to be as prescribed in the final adopted Multi Species Habitat
Conservation Plan (MSHCP) which is being prepared through CVAG. Total Fringe
Toed Lizard mitigation fee and MSHCP mitigation shall not exceed $ 1,200.00 per
acre.
9. That the project shall operate consistent with the provisions of a development
agreement which must be adopted by the City Council, otherwise this approval shall
be null and void.
10. That the plan be amended to provide a minimum of one (1) covered parking space per
unit.
Department of Public Works:
11. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code
and Palm Desert Ordinance Number 653, shall be paid prior to permit issuance.
12. Storm drain/retention area design and 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 prior to start of construction.
13. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and
79-55, shall be paid prior to permit issuance.
14. 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.
15. 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 approval before construction
of any improvements is commenced. Offsite improvement plans to be approved by
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PLANNING COMMISSION RESOLUTION NO. 1927
the Public Works Department and a surety posted to guarantee the installation of
required offsite improvements prior to permit issuance. Such offsite improvements
shall include, but not be limited to, main project entry and secondary access
improvements and the construction of a concrete sidewalk in an appropriate size and
configuration.
16. All public improvements shall be inspected by the Department of Public Works and
a standard inspection fee shall be paid prior to issuance of grading permits.
17. Landscaping maintenance on California Drive shall be provided by the property owner.
Subject landscaping shall be drought tolerant in nature.
18. In accordance with Palm Desert Municipal Code 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.
19. 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.
20. 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.
21. Building pad elevations are subject to review and modification in accordance with
Chapter 27 of the Palm Desert Municipal Code.
22. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12,
Fugitive Dust Control.
Riverside County Fire Department:
23. 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 Codes, appropriate NFPA Standards, 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. 10.301C.
24. 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.
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PLANNING COMMISSION RESOLUTION NO. 1927
25. Provide, or show there exists, a water system capable of providing a potential gallon
per minute flow of 2500 for multifamily. 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.
26. 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 165' multifamily 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.
27. 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.
28. 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.
29. 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.
30. 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.
31. Install a fire alarm as required by the Uniform Building Code and/or Uniform Fire Code.
Minimum requirement is UL central station monitoring of sprinkler system per NFPA
71 and 72. Alarm plans are required for all UL central station monitored systems,
systems where any interior devices are required or used. (U.F.C. 14-103(a))
32. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A1 OBC
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.
33. 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'
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PLANNING COMMISSION RESOLUTION NO. 1927
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.
34. The minimum width of interior driveways for multifamily or apartment complexes
shall be:
a. 24 feet wide when serving less than 100 units, no parallel parking, carports
or garages allowed on one side only.
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.
35. 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 Knox Box over -ride system
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 shall be 16' with a
minimum vertical clearance of 13'6".
36. A dead end single access over 500' in length will require a secondary access,
sprinklers or other mitigative measure approved by the Fire Marshal. Under no
circumstances shall a single dead end access over 1300 feet be accepted.
37. 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.
38. 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.
39. Must provide 20' fire lane access to within 150' of all sides of Buildings 2 and 3.
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PLANNING COMMISSION RESOLUTION NO. 1927
EXHIBIT A
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NOS: GPA 99-1, C/Z 99-1 and PP/CUP 99-6
APPLICANT/PROJECT SPONSOR:
Raymond T. Troll
2323 N. Tustin Avenue, #F
Santa Ana, CA 92705
PROJECT DESCRIPTION/LOCATION: A 76 senior (age 62 and older) apartment project on
3.38 acres on the west side of California Avenue, south of New York Avenue, 77-080
California 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.
999
PHILIP DRELI. DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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PLANNING COMMISSION RESOLUTION NO. 1927
EXHIBIT B
SENIOR HOUSING DEVELOPMENT AGREEMENT
RAYMOND T. TROLL AND JO ANN TROLL
THIS AGREEMENT is entered into this
, day of ,1999,
between Raymond Thomas Troll and Jo Ann Troll (hereinafter "Property Owner") and the
City of Palm Desert, (hereinafter "City I, 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/conditional use permit (PP/CUP 99-6) to construct a 76 unit senior (age 62
and older) project, a general plan amendment to add the senior overlay designation, and
zone change to senior overlay;
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PLANNING COMMISSION RESOLUTION NO. 1927
C. The DEVELOPER has applied for precise plan/conditional use permit 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/Conditional Use Permit 99-6.
(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.
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PLANNING COMMISSION RESOLUTION NO. 1927
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 be transferred or assigned; however, Property Owner will remain responsible for all
obligations under this Agreement unless the written consent of the City is first obtained,
which will 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 76 unit senior (age 62 years and older) apartment project, a general plan
amendment to add senior overlay designation, and zone change to senior overlay on the
PROPERTY by Precise Plan/Conditional Use Permit 99-6 Planning Commission Resolution
No. . Chapter 25.52 requires senior projects to set aside 25% of total project units
as units affordable for 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
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PLANNING COMMISSION RESOLUTION NO. 1927
project is receiving a density bonus of 11.6 units/acre or 39 of the 76 total project units.
The project's affordable housing requirement shall therefore be established at 15 units.
(b) The Property Owner shall choose one of the following methods
to meet the affordable housing requirement:
i. Payment of $12,000 per affordable unit totaling $180,000
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 $2,368.42 per unit.
ii. Set aside fifteen (15) affordable units in the PROJECT
which shall be occupied by income qualified persons who meet the current "low income"
and "moderate income" limits as determined by the Palm Desert Housing Authority. Of
fifteen (15) affordable units seven (7) units shall be reserved for moderate income
households (i.e., 100% of median income for Riverside/San Bernardino Counties) and eight
(8) units shall be reserved for "lower income" households (80% of median income for
Riverside/San Bernardino Counties).
The fifteen (15) affordable units shall be further designated
as follows:
TOTAL "MODERATE" "LOWER"
AFFORDABLE UNITS UNITS UNITS
Studio Units 3 1 2
One (1) Bedroom Units 10 5 5
Two (2) Bedroom Units 2 1 1
15
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PLANNING COMMISSION RESOLUTION NO. 1927
For 1999, the maximum rents shall be:
"MODERATE" "LOWER"
UNITS UNITS
Studio Units $763 $598
One (1) Bedroom Units $869 $680
Two (2) Bedroom Units $971 $758
Annual rent increases shall not exceed the percentage increase
in the median income for Riverside/San Bernardino Counties.
(c) A maximum of two persons may occupy each of the controlled
units.
(d) Property Owner or its assigned management agent shall be
responsible for determining the eligibility of prospective SSI tenants in the "affordable"
units.
(e) Property Owner shall advise the City in writing prior to obtaining
a building permit regarding the method to be used to satisfy affordable housing requirement
of the project.
(f) Property Owner shall not discriminate on the basis of race, color
or creed, sex, or national origin.
(g) Age limits. The minimum age for all PROJECT occupants shall
be 62 years old.
(h) 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
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PLANNING COMMISSION RESOLUTION NO. 1927
alteration in the approved precise plan/conditional use permit is not effective until the parties
amend this AGREEMENT to incorporate it.
(i) 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
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.
(j) 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.
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PLANNING COMMISSION RESOLUTION NO. 1927
(k) 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
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.
(m) 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
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PLANNING COMMISSION RESOLUTION NO. 1927
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.
(n) 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:
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PLANNING COMMISSION RESOLUTION NO. 1927
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.
(o) 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.
(p) 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.
(q) 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: 2323 N. Tustin Avenue #F, Santa Ana, CA, 92705.
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.
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PLANNING COMMISSION RESOLUTION NO. 1927
(r) Rules of Construction and Miscellaneous Items.
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.
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.
(s) Duration of Agreement. This AGREEMENT shall expire only upon
total destruction of the apartment project which is the subject of this DEVELOPMENT
AGREEMENT.
(t) Applicable Law. This AGREEMENT shall be construed according
to the laws of the State of California.
(u) 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.
(v) 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.
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PLANNING COMMISSION RESOLUTION NO. 1927
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
By:
Attest:
City Attorney
RAYMOND T. TROLL and JO ANN TROLL
By:
By:
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
On this day of , 1999, 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.
19
Change General Plan Designation
From Mersum Density Residential
To Senior Overlay
al Yam geed Case No. QP4 'PH PLANNING COMMISSION
GENERAL PLAN AMENDMENT RESOLUTION NO. 19 Z7
EX ; ! IBIT C. Date: Z'INg 1 3 19 q 9
el t
Case No. ` ' './ PLANNING COMMISSION
Change of Zone RESOLUTION NO. 19 z7
EX ! i I' IT D Date: cTL JJ 5 / j 1999