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HomeMy WebLinkAboutRes No 2113PLANNING COMMISSION RESOLUTION NO. 2113 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A PRECISE PLAN / CONDITIONAL USE PERMIT AND DEVELOPMENT AGREEMENT TO CONSTRUCT A 12-UNIT SENIOR CITIZEN APARTMENT PROJECT ON THE SOUTH SIDE OF SANTA ROSA WAY, APPROXIMATELY 262 FEET EAST OF SAN PASCUAL AVENUE. CASE NOS. PP/CUP 01-23 AND DA 02-01 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of February, 2002, hold a duly noticed public hearing to consider the request of Topman Builders, Inc. / Mike Filing for the above mentioned project; 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. 00-24," in that the Director of Community Development has determined that the project is a Class 32 categorical exemption; 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 approval of said precise plan / conditional use permit and development agreement: 1. The proposed location of the precise plan / conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. 2. The proposed location of the precise plan / conditional use and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. 3. The proposed precise plan / conditional use will comply with each of the applicable provisions of this title. 4. The proposed precise plan / conditional use complies with the goals, objectives, and policies of the city's adopted General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. PLANNING COMMISSION RESOLUTION NO. 2113 2. That approval of Precise Plan / Conditional Use Permit 01-23 and Development Agreement 02-01, Exhibit A, are hereby recommended to the City Council, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of February, 2002, by the following vote, to wit: AYES: CAMPBELL, FINERTY, JONATHAN, TSCHOPP, LOPEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 2113 CONDITIONS OF APPROVAL CASE NO. PP/CUP 01-23 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. Project shall pay school impact fees as determined by the Desert Sands Unified School District. 6. 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. 3 PLANNING COMMISSION RESOLUTION NO. 2113 7. 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. 8. 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. 9. Applicant shall execute and obtain approval of the City Council of the attached development agreement prior to obtaining a building permit for the project. Department of Public Works: 1. 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 issuance of a grading permit. 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79- 55, shall be paid prior to issuance of a grading permit. 3. 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 shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. "As - built" plans shall be submitted to, and approved by, the Director of Public Works prior to the acceptance of the improvements by the City. 4. All private driveways and parking areas shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. 5. Landscaping maintenance on Santa Rosa Way shall be the responsibility of the property owner. 4 PLANNING COMMISSION RESOLUTION NO. 2113 6. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. 7. Size, number and location of driveways shall be to the specifications of the Department of Public Works with one 24' wide driveway approach to be allowed to serve this property. 8. Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of valid encroachment permits by the Department of Public Works. Trash enclosure doors shall be located so as to not block sidewalks. 9. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of the grading permit. 10. Proposed building pad elevations are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 11. Applicant shall comply with the provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust (PM10) Control. Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, NFPA, UFC and UBC, or any recognized fire protection standards. The Fire Department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual pressure must be available before any combustible material is placed on the job site. 3. Provide or show there exists a water system capable of providing a gpm fire flow of 2500 gpm for multifamily dwellings. 5 PLANNING COMMISSION RESOLUTION NO. 2113 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x2- 1 /2"x2-1 /2", located not less than 25' nor more than 165 feet from any portion of a multifamily dwelling measured via vehicular travelway. 5. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. (13 R and attic protector) 7. All valves controlling the water supply for automatic sprinkler systems and water - flow switches shall be monitored and alarmed per UBC Chapter 9. 8. Install a fire alarm system as required by the UBC Chapter 3. 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A10BC extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall not be less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36' wide and 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. 11. Whenever access into private property is controlled through use of gates, barriers or other means provisions shall be made to install a "Knox Box" key over -ride system to allow for emergency vehicle access. Minimum gate width shall be 16" with a minimum vertical clearance of 13'6". 12. All buildings shall have illuminated addresses of a size approved by the city. 13. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 6 PLANNING COMMISSION RESOLUTION NO. 2113 14. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within 12 months. 7 PLANNING COMMISSION RESOLUTION NO. 2113 EXHIBIT "A" SENIOR HOUSING DEVELOPMENT AGREEMENT RIVER RUN TWO, A NEVADA LLC THIS AGREEMENT is entered into this , day of ,2002, between River Run Two, a Nevada LLC (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 01-23) to construct 12 senior housing studio apartment units on the PROPERTY; 8 PLANNING COMMISSION RESOLUTION NO. 2113 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. Pursuant to Section 25.52.030 F, Affordability Requirements of the Municipal Code and as a condition of said approval, City has required that a specified number of units associated with the project be set aside for lower and moderate income occupants subject to restrictions necessary to insure the continued occupancy of said units by lower income and moderate senior citizen households; E. The City Council of City has found that the development agreement is consistent with the General Plan (and the Palma Village Specific Plan), and Senior Overlay District; 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 01-23. (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). 9 PLANNING COMMISSION RESOLUTION NO. 2113 (e) "Useful Life of the Project" is the greater of thirty (30) years or the period of time which the Project remains habitable, with reasonable care and maintenance, as determined by City. (f) "Senior Citizen Household" means a maximum two person household of which all members are 62 years of age or older. (g) "Conventional Senior Housing" means rental or ownership units designed and restricted to healthy ambulatory senior citizens who remain capable of performing most activities associated with independent daily life. Other than having smaller units and possessing design features and recreational amenities more compatible with a less active lifestyle conventional senior housing resembles standard housing. (h) "Very Low Income Senior Citizen Housing" means senior citizen households whose gross income does not exceed 50% of the median income for one person households for Riverside County based upon financial and demographic data received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is included in Exhibit "2" and shall be updated automatically as current data is obtained from HUD. If in the future more relevant data is made available specifically applicable to senior citizens by (HUD) or other officially recognized agencies, such data shall become the basis of this AGREEMENT. (i) "Lower Income Senior Citizen Household" means senior citizen households whose gross income does not exceed 80% of the median income for one person households for Riverside County based upon financial and demographic data received from 10 PLANNING COMMISSION RESOLUTION NO. 2113 the United States Department of Housing and Community Development (HUD) or its successor agency. This information is included in Exhibit "2" and shall be updated automatically as current data is obtained from HUD. If in the future more relevant data is made available specifically applicable to senior citizens by (HUD) or other officially recognized agencies, such data shall become the basis of this AGREEMENT. (j) "Moderate Income Senior Citizen Household" means senior citizen households whose income does not exceed 100% of the median income. 2. Description of Real Property. The real property which is the subject of this Agreement is described in Exhibit 1 . 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. 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. 11 PLANNING COMMISSION RESOLUTION NO. 2113 7. Agreement by Property Owner and City. (a) Property Owner has been conditionally granted permission by the City to construct 12 conventional senior housing rental units on the PROPERTY by Precise Plan / Conditional Use Permit 01-23 City Council Resolution No.O 2 -2 5. Pursuant to Chapter 25.52 DEVELOPER is required to set aside 2.4 units affordable to lower and moderate income occupants. (b) Due to the fractional portion of the third required unit, in lieu of the requirements contained in item (a) above the Property Owner shall choose one of the following: 1. Payment of $12,000 per unit totaling $28,000 (2.4 units x $12,000) to the City to be used for the purpose of providing low income senior housing. Payment shall be made to the City prior to obtaining a building permit for the project. 2. Property Owner shall set aside one (1) unit for LOWER INCOME SENIOR HOUSEHOLDS and one (1) unit for MODERATE INCOME SENIOR HOUSEHOLDS. In addition the developer shall pay a one time payment in the amount of $4,800 (.4 units x $12,000). Said payment shall be used for the purpose of providing low income senior housing. Payment shall be made to the CITY prior to obtaining a building permit for the project. (c) 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. 12 PLANNING COMMISSION RESOLUTION NO. 2113 (d) Monthly rents for these Affordable Units shall not exceed 30% of the maximum gross monthly income as shown in Exhibit 2. The initial rent and maximum income levels for the Affordable Units during 2002 shall be as follows: Income Level Unit Type Monthly Rent "Lower" Studio (613 square feet) $699 "Moderate" Studio (613 square feet) $874 NOTE: The Monthly Rent noted above assumes that the landlord will pay utility costs. If these costs are not paid by the landlord, then the respective Monthly Rents shall be decreased by $75.00 per month per unit. The AFFORDABLE units shall be of a quality and design indistinguishable from the market units, shall be evenly distributed throughout the project and shall be periodically rotated as vacancies permit. Income qualified persons shall be persons whose income for "moderate units" does not exceed 100% of median income and in "lower income units" persons whose income does not exceed 80% of median income. Property Owner or its assigned management agent shall be responsible for determining the eligibility of prospective tenants. (e) Property Owner shall not discriminate on the basis of race, color or creed, sex, or national origin. 13 PLANNING COMMISSION RESOLUTION NO. 2113 (f) Property Owner or its successors in interest shall reserve the controlled units as set forth in this AGREEMENT for the Useful Life of the PROJECT and PROJECT OWNER shall not sell or otherwise change the use of the PROJECT without prior written consent of City. (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 alteration in the approved precise plan 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. 14 PLANNING COMMISSION RESOLUTION NO. 2113 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. ii. At least once each year, Property Owner shall demonstrate good faith compliance with the terms of this DEVELOPMENT AGREEMENT. Property Owner agrees to furnish such evidence of good faith compliance as City, in the exercise of its discretion, may require. City shall have the right to audit the books and records of Property Owner's cost and expense upon request and at least annually. (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. 15 PLANNING COMMISSION RESOLUTION NO. 2113 (1) Enforcement. Unless amended or canceled as provided in paragraph (k), 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 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 16 PLANNING COMMISSION RESOLUTION NO. 2113 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: 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. 17 PLANNING COMMISSION RESOLUTION NO. 2113 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: A party may change the address by giving notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. (r) Rules of Construction and Miscellaneous Items. 18 PLANNING COMMISSION RESOLUTION NO. 2113 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. 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. 19 PLANNING COMMISSION RESOLUTION NO. 2113 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: RIVER RUN TWO A Nevada LLC By: By: On this day of , 2002, 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. 2113 EXHIBIT "1" LEGAL DESCRIPTION Portion of Lot 9 Palma Village Groves MB20/51. 21 PLANNING COMMISSION RESOLUTION NO. 2113 PERSONS IN THE HOUSEHOLD 1 Lower Income 1 Moderate Income EXHIBIT "2" RIVERSIDE / SAN BERNARDINO INCOME LIMITS MAXIMUM MAXIMUM MONTHLY INCOME ANNUAL INCOME $2,330 / month $2,912 / month $27,960 / year $ 34, 900 / year Definitions: "Lower Income" means these are households with incomes that do not exceed 80% of the median family income for a one person household. "Moderate Income" means these are households with incomes that do not exceed 100% of the median family income for a one person household. 22