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HomeMy WebLinkAboutRes No 2168PLANNING COMMISSION RESOLUTION NO. 2168 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE AGE LIMITS CONTAINED IN THE DEVELOPMENT AGREEMENT RELATED TO THE SENIOR APARTMENT PROJECT (VILLAS ON THE GREEN) LOCATED AT 77-120 CALIFORNIA DRIVE. CASE NO. PP/CUP 99-5 WHEREAS, the City Council did on the 9th day of July, 1999 adopt Ordinance No. 920 being a development agreement relating to a 76 unit senior apartment project located at 77-120 California, currently known as Villas on the Green; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of December, 2002, hold a duly noticed public hearing to consider the request of RAYMOND T. TROLL for the above noted amendment to Ordinance No. 920 to reduce the minimum age limit, for a maximum of 30 units, from 62 years to 55 years temporarily for a period of five years; 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. 02-60," in that the Director of Community Development has determined that the project was previously assessed and a Negative Declaration of Environmental Impact certified; 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 granting approval of said amendment to the development agreement: 1. The project as designed and constructed provides 94.4% of the required parking for a project restricted to persons 55 years and older. 2. The proposed amendment will sunset effective September 10, 2007. 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. 2168 2. That approval of an amendment to the Development Agreement Ordinance No. 920 (Exhibit A attached) is hereby recommended to City Council. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 3rd day of December, 2002, by the following vote, to wit: AYES: CAMPBELL, JONATHAN, LOPEZ, TSCHOPP, FINERTY NOES: NONE ABSENT: NONE ABSTAIN: NONE t ( ,l } CINDY FINERTY, Chairperson ATTEST: PHILIP DRELL, ecretary Palm Desert Planning Commission PLANNING COMMISSION RESOLUTION NO. 2168 EXHIBIT "A" Section 1 That Section "D" 7 of Ordinance 920 be amended to add subsection "W" titled "Temporary Age Limit Provision" to read as follows: (W) Temporary Acre Limit Provisions. Notwithstanding anything to the contrary contained elsewhere in this development agreement, for a period of five (5) years from the date of the issuance of the Certificate of Occupancy (September 9, 2002) the project may rent a maximum of 30 units to seniors age fifty-five years and older. This subsection and its provision will automatically sunset effective September 10, 2007.