HomeMy WebLinkAboutRes No 1958PLANNING COMMISSION RESOLUTION NO. 1958
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 PR-7 TO PR-7 S.O. (SENIOR OVERLAY), A
PRECISE PLAN AND CONDITIONAL USE PERMIT INCLUDING A
HEIGHT "EXCEPTION" PER MUNICIPAL CODE SECTION
25.24.310 FOR A 250 UNIT CONTINUING CARE RETIREMENT
(AGE 62 AND OLDER) COMMUNITY WITH A DEVELOPMENT
AGREEMENT AND NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AS IT RELATES THERETO ON 10.3
ACRES ON THE WEST SIDE OF FAIRHAVEN DRIVE SOUTH OF
PARKVIEW DRIVE.
CASE NOS. GPA 99-3, C/Z 99-2, PP/CUP 99-7 AND
DEVELOPMENT AGREEMENT 99-3
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 2nd day of November, 1999, hold a duly noticed public hearing which was continued
to November 16, 1999, to consider the request of PEARL INDUSTRIES, INC., 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 PR-7 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. 1958
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 99-3, Change of Zone 99-2 and
Precise Plan/Conditional Use Permit 99-7 including a height "exception" 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 99-3 (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 16th day of November, 1999, by the following vote, to wit:
AYES: BEATY, CAMPBELL, LOPEZ, JONATHAN
NOES: FINERTY
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, ecretary
Palm Desert Planning Commission
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SABBY JONA ' HAN, Chairperson
PLANNING COMMISSION RESOLUTION NO. 1958
CONDITIONS OF APPROVAL
CASE NOS. GPA 99-3, C/Z 99-2, PP/CUP 99-7
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. 1958
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 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.
9. That the applicant file necessary map(s) to consolidate the property into no more than
two lots so that the buildings do not cross any property lines.
10. That all suggested conditions of approval included in the September 1999 traffic
report as outlined below shall be conditions on this project.
a. Proposed curb returns shall have a minimum radius of 35 feet.
b. Proper signage and striping shall be provided at the driveways fronting Fred
Waring Drive indicating one-way traffic.
c. Stop sign and right -turn only sign shall be provided at the easterly driveway
fronting Fred Waring Drive.
d. Stop sign shall be provided at the driveway fronting Parkview Drive.
e. Parking stalls for disabled persons shall be provided at the front of the assisted
living/skilled nursing building.
f. Parking stalls for disabled persons shall be provided at the front of the
Community Center Building and for each of the residential buildings.
g•
Assisted living/skilled nursing employee parking shall be provided near the
building.
h. Parking shall not be allowed along the access road. Curb along access road
shall be painted red.
I. No parking signs shall be posted along the west side of Fairhaven Drive
fronting the proposed project.
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PLANNING COMMISSION RESOLUTION NO. 1958
j. Parkview Drive shall be striped to provide a westbound left turn lane for
vehicles entering the proposed project.
k. Parkway landscaping or monument signing along Fred Waring Drive and
Parkview Drive should not impede or restrict the sight distance of vehicles
exiting the site.
The proposed emergency driveways at Parkview Drive (west end of the
property) and Fairhaven Drive should be used only for emergency purposes
only. Proper signs should be posted and the driveway should be gated to
prohibit other usage.
m. Delivery/trash pick-up trucks shall be allowed to enter/exit from Fred Waring
Drive and Parkview Drive. Access road shall accommodate delivery/trash pick-
up trucks.
11. That the applicant shall provide a proper method of disposal of medical waste for the
retirement community facility.
12. That the restaurant in the retirement community facility not be open to the general
public. Said restaurant to be limited to full time residents of the project and their
guests.
Department of Public Works:
13. 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.
14. 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 civil engineer that is reviewed and approved by the Department of Public
Works prior to start of construction.
15. 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.
16. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be a t the time of building permit issuance.
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PLANNING COMMISSION RESOLUTION NO. 1958
17. 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.
18. Applicant shall comply with the provisions of Municipal Code Section 24.08,
Transportation Demand Management.
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. 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. Offsite 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.
21. 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.
22. Landscape installation on the property frontages shall be water efficient in nature and
maintenance shall be provided by the property owner.
23. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive
Dust Control and Section 24.20 Stormwater Management and Discharge Control.
24. 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 Fred Waring Drive access points and full access for the
Parkview Drive access points. The proposed Fairhaven Drive access points shall, be
limited to emergency use only.
25. 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.
26. Proposed building pad elevations are subject to review and modification in accordance
with Chapter 27 of the Palm Desert Municipal Code.
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PLANNING COMMISSION RESOLUTION NO. 1958
27. Prior to start of construction, the applicant shall submit a Waiver of Parcel Map
application for lot line adjustment.
28. As required under the Palm Desert Code, all existing overhead utilities shall be
converted to underground in accordance with the respective utility company
recommendation.
29. 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.
30. All traffic impact mitigation measures identified in the project Traffic Impact Study
prepared by Robert Bein, William Frost and Associates and approved by the city shall
be considered conditions of approval for the project.
Riverside County Fire Department:
31. 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. 10.301 C.
32. 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.
33. Provide, or show there exists, a water system capable of providing a potential gallon
per minute flow of 3000 gpm. 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.
34. 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 150' 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.
35. 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.
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PLANNING COMMISSION RESOLUTION NO. 1958
36. 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.
37. 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.
38. 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.
39. 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))
40. Install portable fire extinguishers per NFPA, Pamphlet # 10, but not less than
2A1OBC 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.
41. Install a Hood/Duct automatic fire extinguishing system if operating a commercial
kitchen including, but not limited to, deep fryers, grills, charbroilers or other
appliances which produce grease laden vapors or smoke. NFPA 96, 17, 17a.
42. 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. 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.
43. 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
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PLANNING COMMISSION RESOLUTION NO. 1958
approved by the Fire Department. Minimum opening width shall be 16' with a
minimum vertical clearance of 13'6".
44. 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 option 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 property
requirements may be specified during the review process. Typically this applies to
educational, day care, institutional, health care, etc.
45. Commercial buildings shall have illuminated addresses of a size approved by the city.
46. 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.
47. Conditions subject to change with adoption of new codes, ordinances, laws, or when
building permits are not obtained within 12 months.
48. Fire sprinkler system must include Class I standpipes per UFC and UBC.
49. Must have 20 foot emergency fire lane around all buildings.
Special Conditions:
1. That the special condition suggested by staff to formalize the applicant's offer to
purchase and remodel two units within the Palm Dell Estates area be included in
substance with staff directed to refine the condition consistent with Planning
Commission direction.
2. That the list of 28 conditions dated November 15, 1999 and presented by Judi
Rogers during the public hearing be imposed in substance as conditions on this
project with staff directed to assure consistency with Planning Commission's action
and make any necessary modifications before it is presented to City Council.
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PLANNING COMMISSION RESOLUTION NO. 1958
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 99-3, C/Z 99-2, PP/CUP 99-7 and DA 99-3
APPLICANT/PROJECT SPONSOR:
Pearl Industries, Inc.
66 Alviso Drive
Camarillo, CA 93010
PROJECT DESCRIPTION/LOCATION: A 250 unit continuing care retirement community and
a community center building on 10.3 acres on the west side of Fairhaven Drive south of
Parkview Drive.
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.
be 16, 1999
PHILIP DREL DATE
DIRECTOR 0 COMMUNITY DEVELOPMENT
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PLANNING COMMISSION RESOLUTION NO. 1958
EXHIBIT B
SENIOR HOUSING DEVELOPMENT AGREEMENT
PEARL INDUSTRIES INC.
THIS AGREEMENT is entered into this
, day of ,1999,
between Pearl Industries Inc. (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/conditional use permit (PP/CUP 99-7) to construct a 250 unit senior
assisted living (age 62 and older) project and zone change to senior overlay;
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
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PLANNING COMMISSION RESOLUTION NO. 1958
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 99-7.
(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. 1958
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 granted permission by the City to
construct a 250 unit senior assisted living (age 62 years and older) project, a zone change
to senior overlay on the PROPERTY by Precise Plan/Conditional Use Permit 99-7 City
Council 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 18 units/acre or 159
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PLANNING COMMISSION RESOLUTION NO. 1958
of the 250 total project units. The project's affordable housing requirement shall therefore
be established at 62.5 units.
(b) The Property Owner shall meet the affordable housing requirement
as follows:
i. Payment of $ 12,000 per affordable unit totaling $750,000
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
Certificate of Occupancy for each and every unit in the project at the rate of $3,000.00 per
unit.
(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/conditional use permit is 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
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PLANNING COMMISSION RESOLUTION NO. 1958
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 (1), this DEVELOPMENT AGREEMENT is enforceable by any party to it
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PLANNING COMMISSION RESOLUTION NO. 1958
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.
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PLANNING COMMISSION RESOLUTION NO. 1958
(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
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PLANNING COMMISSION RESOLUTION NO. 1958
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) Attornev'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: Pearl Industries Inc., 66 Alviso Drive, Camarillo, CA 93010.
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.
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PLANNING COMMISSION RESOLUTION NO. 1958
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.
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PLANNING COMMISSION RESOLUTION NO. 1958
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:
PEARL INDUSTRIES INC.
By:
By:
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.
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