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HomeMy WebLinkAboutGeneral Plan Amendement 92-1STATE OF CALIFORNIA-THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME N° 1 2 3 8 5 RONME yomeCUMENT APPLICATION/FILING FEE ASH RECEIPT Lead Agenc4,z DateG County/1W Agency: • Document No. Project Title: Project Applicant: CHECK APPLICABLE FEES: - v ( ) Environmental Impact Report $850.00 $ ( ) Negative Declaration $1,250.00 $ ( ) Application Fee Water Diversion (Water Resources Control Board only) $850.00 $ ( ) Projects Subject to Certified Regulatory Programs (DFG & CDF Only) $850.00 $ ,(County Administrative Fee $25.00 $ , ( ) Project that requires fee not paid (enter amount due) $ S�( Project that is exempt from TOTAL RECEIVED $ Signature of person receiving mend J� FIRST COPY -PROJECT APPLI ECOND COPY -I AGENCY FOURTH COPY -COUNTY cm CM �Mv oq p21HU Dann 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619) 346-0611 FAX (619) 340-0574 April 21, 1992 Mr. Mario Angel Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, -California 94252-2053 Re: Palm Desert Housing Element Amendment Dear Mr. Angel: The enclosed Exhibit "B" is the adopted amendment to the Palm Desert Housing Element analyzing at -risk affordable housing. As the amendment states., there is only one project, Candlewood Apartments, potentially subject to loss. All others, including San Tropez, are covered by development agreements through the year 2015. In response to your letter of October 31, 1991, I have estimated the cost of acquiring and subsidizing Candlewood Apartments if the owners choose to terminate the HUD contract. I have also included our most recent projections for our entire housing subsidy program through 2021. It includes costs on a project by project basis, subsidy by individual unit type, and available revenues. While we don't anticipate having to buy Candlewood in the near future, we plan to acquire and subsidize over 2500 units in the 10 year period. If you need further information or analysis, please give me a call at (619) 776-6300 ext. 585. Sincerely, PHILIP DRELL SENIOR PLANNER /tm Enclosure EXHIBIT "B" G. PRESERVATION OF EXISTING ASSISTED HOUSING Chapter 1451, Statutes of 1989 amended Section 65583 of the Government Code to require analysis and preserve existing controlled low housing which is at risk of being lost over the next ten year period (2002). Controlled low and moderate income housing in the City of Palm Desert falls into three basic categories: 1) Inclusionary programs associated with the Senior Overlay, Affordable High Density Zone and Government Code 65916 (some of which are financed with tax exempt bonds); 2) Privately owned, federally assisted new construction; and 3) Local agency, publicly owned and assisted units. 1) Inclusionary Projects - All projects built under City of Palm Desert inclusionary programs are subject to a recorded development agreement controlling the required low/moderate income units for a minimum period of 30 years regardless of associated bond requirements. Projects approved after 1988 are controlled for the life of the facility with a minimum 30 years._ None of these agreements will expire before the year 2015. Of the 1071 units built under these programs, the Riverside County Housing Authority has purchased 534 units and has made offers on an additional 512 units for inclusion in the Redevelopment 'Agency's rent subsidy program. 2) Privately Owned Federally Assisted Projects - The city contains one private project financed and assisted under the 221(d)(4) program. Candlewood Apartments located at 74-000 Shadow Mountain Drive is a 30 one bedroom senior project with 26 units subsidized for low and very low income households. The HUD contract runs through 2018. The owner has an option to withdraw from the contract every five years. The next option year is 1993. He has no intention of terminating the contract before 2018 and has agreed to inform the city of any change in plans. If and when the city was to become aware of an intention to terminate the contract, the project would be considered for acquisition as part of the Riverside County Housing Authority/Redevelopment Agency subsidy program. The program uses tax exempt mortgage revenue bonds issued by the Riverside County Housing Authority to purchase existing projects and build new units which are subsidized by the Redevelopment Agency according to Section 8 guidelines. Based on similar projects recently purchased by the Housing .Authority, the 1991 market value of Candlewood Apartments is 3 $1.5 millicot✓or $50,000/unit. An average per unit subsidy of $349/month would be required to maintain the existing Section r 8 low and very low income rent schedule. Total RDA housing revenues for 1991-92 are $3.3 million. By the year 2000 housing revenues are projected to rise to $7.3 million and will be capable of subsidizing 2500 very low, low and moderate income households. 3) The Riverside County Housing Authority in partnership with the Palm Desert Redevelopment Agency currently owns 598 units. By 1995 at least 1359 units will be owned by the Housing Authority and subsidized by the Redevelopment Agency for very low, low and moderate households. All units subsidized by the Redevelopment Agency are required to be preserved for the life of the project area through 2027. 0 P — o e- o v ri .. e C � •Gp' I I r I I C� ba H P N e•• m Cir• S g� S C .. _ s: n p� N tr � R C L• d rr s o—Et c. n � •s � c PPe V b o I•. d d m N m m C� s -- -- --------- —--------- -------------- , x b r m W • M m r- I m • e b e. M�• m O N m ir. r e x t' • m • W • O m" O 'ne V • a • N r• W• r N W O 1� • m • N • W r a � �1 r Y �r • a m e. 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N e N e N —1 N - — - — - — - - — - — 1 I i , 1 — — — — — — — — — i — — — — — — — — - — '*Wv in r e PALM DESERT REDEVELOPMENT AGENCY PROJECTED HOUSING INCREMENT FISCAL YEAR 199111992 THROUGH 2O17/2018 03-Dec-91 TOWN CENTER Annex Orig PALMA VILLAGE APARTMENT AREA 11 TOTAL PROJECT 11 --------------------------------------------------------------------------------------------------------- PROJECT 11 DEBT SERVICE COMMITMENT BALANCE AREA 12 AREA 13 AVAILABLE 1991 2,021,689 1,122,314 747,000 0 2,397,003 896,022 0 3,293,025 1992 2,227,380 1,185,453 744,000 0 2,668,833 957,311 77,642 3,703,186 1993 2,397,655 1,269,285 745,000 0 2,921,940 1,014,248 139,782 4,075,970 1994 2,558,759 1,352,300 741,000 0 3,170,059 1,083,261 202,869 4,456,189 1995 2,722,783 1,422,178 140,000 0 3,404,961 1,155,634 248,065 4,808,060 1996 2,913,378 1,507,509 742,000 0 3,678,886 1,276,537 296,557 5,245,981 1997 3,117,314 1,597,959 739,000 0 3,976,273 1,397,591 348,581 5,722,446 1998 3,335,526 1,693,837 744,ON 0 4,285,363 1,537,350 404,387 6,127,100 1999 3,569,013 1,795,467 742,000 0 4,622,480 1,691,085. 457,432 6,770,997 2000 - 3,818,844 1,903,195 743,000 0 4,979,039 1,860,194 514,340 7,353,573 2001 4,086,163 2,017,387 743,000 0 5,360,550 2,046,213 573,538 7,980,301 2002 4,372,195 2,138,430 743,000 0 5,767,624 2,250,835 636,948 8,655,407 2003 4,678,248 2,266,736 743,000 0 6,201,984 2,475,918 704,868 9,382,770 2004 5,005,725 2,402,740 743,000 0 6,665,465 2,723,510 777,613 10,166,588 2005 5,351,126 2,546,964 743,000 0 7,160,030 2,995,861 855,523 11,011,414 2006 5,570,371 2,648,780 743,000 0 7,476,152 3,205,571 938,962 11,620,685 2001 5,793,186 2,754,732 743,000 0 7,804,918 3,429,961 1,024,448 12,259,327 2008 6,024,914 2,864,921 0 0 8,889,834 3,670,658 1,115,918 13,675,811 2009 6,265,910 2,979,518 0 0 9,245,428 3,926,962 1,213,791 14,386,181 2010 6,516,547 3,098,698 0 0 9,615,245 4,084,041 1,318,516 15,017,802 2011 6,777,208 3,222,646 0 0 9,999,855 4,247,402 1,430,571 15,677,828 2012 7,048,297 3,351,552 0 0 10,399,849 4,417,299 1,550,470 16,367,617 2013 7,330,229 3,485,614 0 0 10,815,843 4,593,990 1,678,762 17,088,595 2014 7,623,438 3,625,039 0 0 11,248,477 4,777,759 1,816,034 17,842,261 2015 7,928,375 3,770,040 0 0 11,698,416 4,968,860 1,962,915 18,630,191 2016 8,245,510 3,920,842 0 0 12,166,352 5,167,614 2,120,078 19,454,045 2017 8,575,331 4,077,676 0 0 12,653,806 5,374,319 2,288,243 20,315,568 2018 8,918,344 4,240,783 0 0 13,159,127 5,589,292 2,468,179 21,216,597 2019 9,275,078 4,410,414 0 0 13,685,492 5,812,863 2,660,710 22,159,065 2020 9,646,081 4,586,831 0 0 14,232,911 6,045,378 2,866,719 23,145,008 2021 10,031, 924 4,77e,304 0 0 14, 802, 228 6,287,193 3,087,148 24,176, 569 Assulptions, 1991-1995 Growth equals anticipated new construction plus 4t for all project areas. Thereafter, growth rates are as follows, Annex Project 11, 71 1996 to 2005, 4t 2006 to 2021. Original Project 11, 61 1996 to 2005, 4t 2006 to 2021. Project 12, 101 1996 to 2005, 71 2006 to 2009, 4t 2010 to 2021. Project 13, per Rosenow Spevacek Group Inc Project Area 13 Report. cm 0 C�nv 0 NIUM o 0 oN 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619) 346-0611 FAX (619) 340-0574 April 21, 1992 Mr. Mario Angel Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, California 94252-2053 Re: Palm Desert Housing Element Amendment Dear Mr. Angel: The enclosed Exhibit "B" is the adopted amendment to the Palm Desert Housing Element analyzing at -risk affordable housing. As the amendment states there is only one project, Candlewood Apartments, potentially subject to loss. All others, including San Tropez, are covered by development agreements through the year 2015. In response to your letter of October 31, 1991, I have estimated the cost of acquiring and subsidizing Candlewood Apartments if the owners choose to terminate the HUD contract. I have also included our most recent projections for our entire housing subsidy program through 2021. It includes costs on a project by project basis, subsidy by individual unit type, and available revenues. While we don't anticipate having to buy Candlewood in the near future, we plan to acquire and subsidize over 2500 units in the 10 year period. If you need further information or analysis, please give me a call at (619) 776-6300 ext. 585. Sincerely, V PHILIP DRELL SENIOR PLANNER /tm Enclosure wrr EXHIBIT "B" G. PRESERVATION OF EXISTING ASSISTED HOUSING Chapter 1451, Statutes of 1989 amended Section 65583 of the Government Code to require analysis and preserve existing controlled low housing which is at risk of being lost over the next ten year period (2002). Controlled low and moderate income housing in the City of Palm Desert falls into three basic categories: 1) Inclusionary programs associated with the Senior Overlay, Affordable High Density Zone and Government Code 65916 (some of which are financed with tax exempt bonds); 2) Privately owned, federally assisted new construction; and 3) Local agency, publicly owned and assisted units. 1) Inclusionary Projects - All projects built under City of Palm Desert inclusionary programs are subject to a recorded development agreement controlling the required low/moderate income units for a minimum period of 30 years regardless of associated bond requirements. Projects approved after 1988 are controlled for the life of the facility with a minimum 30 years.- None of these agreements will expire before the year 2015. Of the 1071 units built under these programs, the Riverside County Housing Authority has purchased 534 units and has made offers on an additional 512 units for inclusion in the Redevelopment 'Agency's rent subsidy program. 2) Privately Owned Federally Assisted Projects - The city contains one private project financed and assisted under the 221(d)(4) program. Candlewood Apartments located at 74-000 Shadow Mountain Drive is a 30 one bedroom senior project with 26 units subsidized for low and very low income households. The HUD contract runs through 2018. The owner has an option to withdraw from the contract every five years. The next option year is 1993. He has no intention of terminating the contract before 2018 and has agreed to inform the city of any change in plans. If and when the city was to become aware of an intention to terminate the contract, the project would be considered for acquisition as part of the Riverside County Housing Authority/Redevelopment Agency subsidy program. The program uses tax exempt mortgage revenue bonds issued by the Riverside County Housing Authority to purchase existing ...,,projects and build new units which are subsidized by the Redevelopment Agency according to Section 8 guidelines. Based on similar projects recently purchased by the Housing Authority, the 1991 market value of Candlewood Apartments is 3 $1.5 millio%r'"or $50,000/unit. An average $349/month would be required to maintain 8 low and very low income rent schedule. revenues for 1991-92 are $3.3 million. housing revenues are projected to rise will be capable of subsidizing 2500 very income households. per unit subsidy of the existing Section �- Total RDA housing By the year 2000 to $7.3 million and low, low and moderate 3) The Riverside County Housing Authority in partnership with the Palm Desert Redevelopment Agency currently owns 598 units. By 1995 at least 1359 units will be owned by the Housing Authority and subsidized by the Redevelopment Agency for very low, low and moderate households. All units subsidized by the Redevelopment Agency are required to be preserved for the life of the project area through 2027. El! r. rr.� 6 6 N m r W � ♦n N A m m r a m m m b m O� O r r m p r 6O Oo umi ✓ r W V� OD pmO b O N gym+ r oe To S ------------- m ------------- m s m ae m N gog S N—___—_—_— -------------------- � � m ------------ J mi.-_ m m ------------ zf O u Oro ------------------ O t N tc:taW --------------------- im ------------------ r z m m N oe _ m ------------------ to e m --------------------- P m W m N ---------------------- + m tt v C w Oai vO OZ�a �A =�H 2.IM mx _ i �++ v O yy `` ��+• o. � . C n i C ------------------------------- •md.. u 6 r m �+ m u m W N •n .n ti m d b m m m r b -------------------------------- ----------------------------- N m a N at W N m m i m r i s ppDD m a r N m N N N m b -------------------------------- o�p pp m N m a ----------------------- b a b tn W m ----------------------- ® d T N a m -------------------------------- y •� i• i o � � o� o N, s e. • a• o m W m .,. •�•� � e� o m i d $ o N d cm LMM n i ^ r n o r e s s x s s s` W i r a ^ o r L` x � z `s `s o 0 0 a r N a r r O a b N aNi� -n m m o• m m m m e r e `+ e•• o �•. m m mm m ------------- ts m _ s e o e e s� otz � tttgtzt;= 6 s e 0 0• ... o • m•• • m•• • e •- ---------- o • • r • m e _ V. t; _p y�+ i E w ��++ i E i e w ..a .n v,,, NO r e PALK DESERT REDEVELOPMENT AGENCY 03-Dec-91 PROJECTED HOUSING INCREMENT FISCAL YEAR 1991/1992 THROUGH 2O1712618 TOWN CENTER Annei Orig FALMA VILLAGE APARTMENT AREA 11 TOTAL PROJECT 11 PROJECT 11 DEBT SERVICE COKKITMENT BALANCE AREA 12 AREA 13 AVAILABLE 1991 --------------------------------------------------------------------------------------------------------- 2,021,689 1,122,314 747,000 0 2,397,003 896,022 0 3,293,025 1992 2,227,380 1,185, 453 744,000 0 2,668,833 957,311 77,042 3,703,186 1993 2,397,655 1,269,285 745,000 0 2,921,940 1,014,248 139,782 4,075,970 1994 2,558,759 1,352,300 741,000 0 3,170,059 1,083,261 202,869 4,456,189 1995 2,722,783 1,422,178 740,000 0 3,404,961 1,155,034 248,065 4,808,060 1996 2,913,378 1,507,509 742,000 0 3,678,886 1,274,537 296,557 5,245,981 1997 3,117,314 1,597,959 739,000 0 3,976,273 1,397,591 348,581 5,722,446 1998 3,335,526 1,693,837 744,000 0 4,285,363 1,537,350 404,387 6, 227,100 1999 3,569,013 1,795,467 742,000 0 4,622,480 1,691,085, 457,432 6,770,997 2000 3,818,844 1,903,195 743,000 0 4,979,439 1,860,194 514,348 7,353,573 ' 2001 4,086,163 2,017,387 743,008 0 5,360,550 2,046,213 573,538 7,980,301 2*2 4,372,195 2,138,430 743,080 0 5,767,624 2,250,835 636,948 8,655,407 2803 4,678,248 2,266,736 743,000 0 6,201,984 2,475,918 704,868 9,382,770 i 2004 5,005,725 2,402,740 743,000 0 6,665,465 2,723,510 777,613 10,166,588 2005 5,356,126 2,546,904 743,000 0 7,160,030 2,995,861 855,523 11,011,414 2006 5,570,371 2,648,780 743, 000 0 7,476,152 3,205,571 938,962 11, 620, 685 2007 5,793,186 2,754,732 743,000 0 7,804,918 3,429,961 1,024,448 12,259,327 2008 6,024,914 2,864,921 0 0 8,889,834 3,670,158 1,115,918 13,675,811 2009 6,265,910 2,979,518 0 0 9,245,428 3,926,962 1,213,791 14,386,181 2010 6,516,547 3,098,698 0 0 9,615,245 4,084,041 1,318,516 15,017,802 - 2011 i,777,208 3,222,646 0 0 9,999,855 4,247,02 1,430,571 15, 677, 828 2012 7,048,297 3,351,552 0 0 10,399,849 4,417,299 1,550,470 16,367,617 2013 7,330,229 3,485,614 0 0 10,815,843 4,593,990 1,678,762 17,088,595 2014 7,623,438 3,625,039 0 0 11,248,477 4,777,750 1,816,034 17,842,261 2015 7,928,375 3,770,040 0 0 11,698,416 4,968,860 1,962,915 18,630,191 2016 8,245,510 3,920,842 0 0 12,166, 352 5,167, 614 2,126,678 19, 454,045 2017 8,575,331 4,077,676 0 0 12,653,006 5,374,319 2,288,243 20,315,568 2018 8,918,344 4,240,783 0 0 13,159,127 5,589,292 2,468,179 21, 216, 597 2019 9,275,078 4,410,414 0 0 13,685,492 5,812,863 2,660,710 22,159,065 2020 9,646,081 4,586,831 0 0 14,232,911 6,045,378 2,866,719 23,145,008 2021 10,031, 924 4,770,304 0 0 14, 802, 228 6,287,193 3,087,148 24,176, 569 Assulptions: 1991-1995 Growth equals anticipated new construction plus 4t for all project areas. Thereafter, growth rates are as follovs: Annet Project 11, 71 1996 to 2085, 4t 2006 to 2021. Original Project 11, 61 1996 to 2005, 41 2006 to 2021. Project 12, 101 1996 to 2005, 71 2006 to 2009, 4% 2016 to 2621, Project 13, per Rosenow Spevacek Group Inc Project Area 13 Report. NOTICE OF DETERMINATION Negative Declaration(j� TO: (X) Riverside Co. Clerk/Recorder ( ) Secretary for Resources 3470 12th Street 1416 Ninth St., Rm 1311 Riverside, CA 92501 Sacramento, CA 95814 FROM: CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title/Common Name: GPA 92-1 Date of Project Approval: February 13, 1992 State Clearinghouse Number (if submitted): N/A Contact Person: Philip Drell Project Location: N/A Project Description: Amendment to General Plan Housing Element adding an analysis of existing low income assisted housing at risk of being lost over the next ten years in compliance with Government Code Section 65583. This is to advise that the City of Palm Desert has made the following determinations regarding the above described project: 1. The project ( ) will, (X) will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared in connection with this project pursuant to the provisions of CEQA. X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the Negative Declaration may be examined at the above city hall address. 3. Mitigation measures (X) were, ( ) were not, made a condition of the approval of the project. 4. A statement of Overriding Considerations ( ) was, (X) was not, ted for thisproject. Signature Title D a Y4f or Filing N9q 09d=VanMtCaiYE?eRi�n**1on Plea rgtua d4je-spnped copy in the enclosed envelope. Food fPOSTED21f32 MAR 4 1992 =' WILUAM . CON Co Ci. Cou of ide, 8 of io sy MAR 6 19S2 Pamo„w: APR 7 - 1992 sy: B. HAWORTH Dept Count' of Ri" idf. S" Of CW"Na r CM Attachment 1 California Department of Fish and Game CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location (include county): GPA 92-1, City of Palm Desert, County of Riverside Project Description: Amendment to the General Plan Housing Element adding an analysis of existing low income assisted housing at risk of being lost over the next ten years in compliance with Government Code Section 65583. Findings of Exemption (attach as necessary): The amendment involves programs to preserve existing housing and does not involve new development and therefore does not impact any wildlife resources in the city. Certification: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. A ON A. DIAZ Title: Assistant City Manager/ Director of Community Dev. Lead Agency: City of Palm Desert Date: February 28, 1992 Section 711.4, Fish and Game Code DFG:12/90 CEQA3(1/91) NOTICE OF DETERMINATION '%✓ Negative Declaration *4101 TO: (X) Riverside Co. Clerk/Recorder ( ) Secretary for Resources 3470 12th Street 1416 Ninth St., Rm 1311 Riverside, CA 92501 Sacramento, CA 95814 FROM: CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title/Common Name: GPA 92-1 Date of Project Approval: February 13, 1992 State Clearinghouse Number (if submitted): N/A Contact Person: Philip Drell Project Location: N/A Project Description: Amendment to General Plan Housing Element adding an analysis of existing low income assisted housing at risk of being lost over the next ten years in compliance with Government Code Section 65583. This is to advise that the City of Palm Desert has made the following determinations regarding the above described project: 1. The project ( ) will, (X) will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared in connection with this project pursuant to the provisions of CEQA. X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the Negative Declaration may be examined at the above city hall address. 3. Mitigation measures (X) were, ( ) were not, made a condition of the approval of the project. 4. A statement of Overriding Considerations ( ) was, (X) was not, radyted for this project. Signature Title Date Received for Filing Please return date -stamped copy in the enclosed envelope. In V40e Attachment 1 California Department of Fish and Game CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location (include county): GPA 92-1, City of Palm Desert, County of Riverside Project Description: Amendment to the General Plan Housing Element adding an analysis of existing low income assisted housing at risk of being lost over the next ten years in compliance with Government Code Section 65583. Findings of Exemption (attach as necessary): The amendment involves programs to preserve existing housing and does not involve new development and therefore does not impact any wildlife resources in the city. Certification: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. A ON A. DIAZ Title: Assistant City Manager/ Director of Community Dev. Lead Agency: City of Palm Desert Date: February 28, 1992 Section 711.4, Fish and Game Code DFG:12/90 CEQA3(1/91) INVENTORY NO. 34343 CITY OF PALM DESERT DESCRIPTION AMOUNT Riverside OWE FXACH'BEFORE DEPOSITING 25.00 25.00 ►I'U 34 iti ill' 1: i d euuuu , i i ; i 28,lLi 244 2quo 6tate of California GOVERNOR'S OFFICE W o OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET SACRAMENTO 95814 PETE WILSON GOVERNOR C� I 40 OfSFAY�q�T%3 February 25, 1992 Mr. Ramon A. Diaz Assistant City Manager/Director of Community Development City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260-2578 RE: Palm Desert's General Plan Extension Request Dear Mr. Diaz: This letter is to inform you that I have conditionally approved the City of Palm Desert's general plan extension request. This extension is granted for a term of one year, beginning February 21, 1992 and ending February 20, 1993 or upon adoption of all the affected elements of the general plan, whichever occurs first. The extension applies to all elements of the general plan, except the housing element. As the basis for granting this extension, I refer to the findings made by the Palm Desert City Council in Resolution No. 92-2. I have determined that the resolution and the additional explanatory and supporting data submitted to me by the city comply with Government Code Section 65361. The grant of an extension under Section 65361 and its relevant subsections releases the city from the requirement that it maintain a complete and adequate general plan. In accordance with the powers granted me by Section 65361, I have made this extension subject to certain conditions which will ensure compliance with planning and zoning laws. A further purpose of these conditions is to avoid foreclosing the city's planning options during the general plan update process. The following conditions shall be effective immediately and shall remain in effect during the term of this extension. I reserve the right to amend the conditions, if necessary, at any time during this period. CONDITIONS: 1. The city shall not amend its existing general plan or adopt any specific plan during the period of this extension, except as may be necessary to: Lwn Mr. Ramon A. Diaz February 25, 1992 Page 2 (a) Comply with a specific State or federal requirement, such as the California Hazardous Waste Management Act or adoption of a water conserving landscaping ordinance. (b) Revise or implement administrative or impact fees pursuant to the California Government Code. 2. The city shall not approve any zone change or discretionary land use project outside of its current sphere of influence. 3. The city shall not approve any change in zoning unless it makes written findings, based on substantial evidence in the record, that: (i) the project is consistent with the existing Palm Desert general plan and any applicable specific plan, (ii) there is a reasonable probability the project will be consistent with the proposed general plan, and (iii) there is little or no probability the project will be detrimental to or interfere with the future adopted general plan. 4. (a) The city may approve a discretionary land use project, as defined below, only when it makes written findings, based on substantial evidence in the record, that: (1) the project is consistent with the existing Palm Desert general plan and any applicable specific plan, (2) the project is consistent with the Palm Desert zoning ordinance, (3) there is a reasonable probability the project will be consistent with the proposed general plan, and (4) there is little or no probability the project will be detrimental to or interfere with the future adopted general plan. (b) "Discretionary land use project" is defined as a tentative subdivision map (including major subdivisions and parcel maps), development agreement, conditional use permit, precise plan, or capital improvements project. Minor projects such as home occupation permits, zone variances and adjustments, and architectural commission reviews, although discretionary in nature, are excluded from this definition. "City" is defined as the City Council and any other city official, commission, or individual delegated administrative responsibility under city ordinance or policy. 5. The city shall comply with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and all other State and city regulations and policies, as applicable. Mr. Ramon A. Diaz February 25, 1992 Page 3 6. The city shall submit a copy of the draft general plan and draft environmental impact report for that plan to the Governor's Office of Planning and Research prior to consideration by the city planning commission. I am willing to discuss these conditions or other aspects of this extension if you believe they are not well taken or advisable. In any event, if you have any questions pertaining to this extension, please contact Terry Rivasplata of my office at (916) 445-4831. Sincerely, RICHARD SYBERT Director 9 CITY OF PALM DESERT DENowdTMENT OF COMMUNITY DEVELO"*ENT TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council II. REQUEST: Amendment to the General Plan Housing Element adding an analysis of existing low income assisted housing at risk of being lost over the next ten years. III. APPLICANT: City of Palm Desert IV. CASE NO: GPA 92-1 V. DATE: February 13, 1992 VI. CONTENTS: A. B. A. Staff Recommendation. B. Discussion. C. Draft Resolution No. D. Planning Commission Minutes dated January 7, 1992. E. Planning Commission Resolution No. 1553. F. Planning Commission Staff Report dated January 7, 1992. G. Related maps and/or exhibits. STAFF RECOMMENDATION: Adopt Resolution No. 92 _16 approving GPA 92-1. DISCUSSION: Section 65583 of the Government Code was amended in 1989 to require housing elements to contain an analysis of existing assisted housing at risk of being lost in a ten year period through expiration of HUD contracts or other rental controls. Only one project, Candlewood Apartments, is at risk of loss during the ten year period. The project is covered by a HUD contract through 2018 although the owner has the option to withdraw at five year intervals. The owner has expressed an intention to maintain the contract through its entire term. If he were to withdraw, the city and redevelopment agency would consider acquiring the project to preserve the low income units. Prepared by: `T COUNCIL A TION : DENIED Reviewed and Approved by:4 PPR VED OTHER "IRECE PD/tm® NFETIN DATE 7, t•sy ^S: E yA B'� th City Ci e k' s C t f ice L,, i,ginal C;11• Fi e i MINUTES PALM DESERT PLANNING*fteOMMISSION JANUARY 7, 1992 0 the wooden fence and have it hauled away, and Mr. Brien would put up the block wall. He indicated that he was willing to do this to keep peace in the family. Chairperson Whitlock asked if anyone wished to address the commission in FAVOR or OPPOSITION to the proposal. MR. LEE BARRY, the property owner behind the proposed project, informed commission that he did not recall agreeing to tear down the fence and haul it away but felt it could be worked out later. He indicated that the Jefferson's next door to him, whose property line also backed up to the applicant's property although not as much as to his, were not in town and he had explained the situation to them and did not feel they had a problem. Mr. Barry said that he would tear down the fence if Mr. Brien would haul it away. Mr. Brien distributed some pictures to the commission of the property in question showing the fences involved. Commissioner Downs recommended that Mr. Barry tear down the fence and Mr. Brien haul it away and install the block wall. Mr. Brien concurred that he would do this. Chairperson Whitlock closed the public testimony and asked for any comments by commission. Action: Moved by Commissioner Downs, seconded by Commissioner Spiegel, adopting the findings as presented by staff. Carried 5-0. Moved by Commissioner Downs, seconded by Commissioner Spiegel, adopting Planning Commission Resolution No. 1552, approving PP 91-15, subject to conditions as amended. Carried 5-0. E. Case No. GPA 92-1 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to the General Plan Housing Element adding an analysis of existing low income assisted housing at risk of being lost over the next ten years. 20 MINUTES PALM DESERT PLANNING`�OMMISSION JANUARY 7, 1992 VIII. IX. E5 Mr. Drell explained that there was a change in the housing law that required the city to analyze the existing housing stock and decide which projects could be lost because of contracts with H.U.D. or assisted housing that expire periodically. He noted that in Palm Desert there was only one project which was in that category--Candlewood Apartments owned by Dick Oliphant. He indicated that Mr. Oliphant had a contract through the year 2018 and did not feel Mr. Oliphant had any intention of giving up that option. Mr. Drell noted that Exhibit B had the required paragraphs that the law specifies and had been reviewed by the State Department of Housing and Community Development and was found to be in substantial compliance. Chairperson Whitlock opened the public hearing and asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal. There was no one and the public testimony was closed. Action: Moved by Commissioner Downs, seconded by Commissioner Richards, adopting the findings as presented by staff. Carried 5-0. Moved by Commissioner Downs, seconded by Commissioner Richards, adopting Planning Commission Resolution No. 1553, recommending approval of GPA 92-1 to city council. Carried 5-0. MISCELLANEOUS None. ORAL COMMUNICATIONS MS. DIANE DUNN, 77-777 Country Club Drive, introduced herself to the commission and said that she was Dan Ehrler's new assistant and would be attending the planning commission meetings. MS. RUTH GUIBERSON, 44-875 San Antonio Circle in Palm Desert, addressed the commission regarding Case No. PP/CUP 90-5 Amendment. Chairperson Whitlock explained to Ms. Guiberson that this case was at the city council level and the planning 21 rL�- :vllv(, L.UMMIjSIUN RE60LUTION Nn. 1553 A RESOLUTI_ OF THE PLANNING COMMISS OF THE CITY OF PALM DERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND GENERAL PLAN HOUSING ELEMENT AMENDMENT ADDING AN ANALYSIS AND PROGRAM DEALING WITH ASSISTED LOW INCOME HOUSING UNITS AT RISK OF BEING LOST DURING THE NEXT TEN YEARS. CASE NO. GPA 92-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of January, 1992, hold a duly noticed public hearing to consider a Negative Declaration of Environmental Impact and General Plan Housing Element Amendment adding an analysis and program dealing with assisted low income housing units at risk of being lost during the next ten years; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-8911, in that the director of community development has determines' that the project will not have an adverse impact on the environment and a negative declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said planning commission did find that the amendment complies with Section 65583 of the Government Code as amended. 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 the Negative Declaration of Environmental Impact Exhibit "A" and GPA 92-1 Exhibit "B" are hereby recommended for approval to city council. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th, day of January, 1992, by the following vote, to wit: AYES: DOWNS, JONATHAN, RICHARDS, SPIEGEL, WHITLOCK NOES: NONE ABSENT: NONE ABSTAIN: NONE CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secotary PD/tm Nwe EXHIBIT A Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: GPA 92-1 APPLICANT/PROJECT SPONSOR: City of Palm Desert PROJECT DESCRIPTION/LOCATION: Amendment to the General Plan Housing Element adding an analysis of existing low income assisted housing at risk of being lost over the next ten years. 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. 1 January 7, 1992 RAMON A. DIAZ I DATE DIRECTOR OF CO DEVELOPMENT PD/tm EXHIBIT "B" NOW G. PRESERVATION OF EXISTING ASSISTED HOUSING Chapter 1451, Statutes of 1989 amended Section 65583 of the Government Code to require analysis and preserve existing controlled low housing which is at risk of being lost over the next ten year period (2002). Controlled low and moderate income housing in the City of Palm Desert falls into three basic categories: 1) Inclusionary programs associated with the Senior Overlay, Affordable High Density Zone and Government Code 65916 (some of which are financed with tax exempt bonds); 2) Privately owned, federally assisted new construction; and 3) Local agency, publicly owned and assisted units. 1) Inclusionary Projects - All projects built under City of Palm Desert inclusionary programs are subject to a recorded development agreement controlling the required low/moderate income units for a minimum period of 30 years regardless of associated bond requirements. Projects approved after 1988 are controlled for the life of the facility with a minimum 30 years.- None of these agreements will expire before the year 2015. Of the 1071 units built under these programs, the Riverside County Housing Authority has purchased 534 units and has made offers on an additional 512 units for inclusion in the Redevelopment Agency's rent subsidy program. 2) Privately Owned Federally Assisted Projects - The city contains one private project financed and assisted under the 221(d)(4) program. Candlewood Apartments located at 74-000 Shadow Mountain Drive is a 30 one bedroom senior project with 26 units subsidized for low and very low income households. The HUD contract runs through 2018. The owner has an option to withdraw from the contract every five years. The next option year is 1993. He has no intention of terminating the contract before 2018 and has agreed to inform the city of any change in plans. If and when the city was to become aware of an intention to terminate the contract, the project would be considered for acquisition as part of the Riverside County Housing Authority/Redevelopment Agency subsidy program. The program uses tax exempt mortgage revenue bonds issued by the Riverside County Housing Authority to purchase existing projects and build new units which are subsidized by the Redevelopment Agency according to Section 8 guidelines. Based on similar projects recently purchased by the Housing Authority, the 1991 market value of Candlewood Apartments is 3 :Vr $1.5 million or $50,000/unit. An average per unit subsidy of $349/month would be required to maintain the existing Section 8 low and very low income rent schedule. Total RDA housing revenues for 1991-92 are $3.3 million. By the year 2000 housing revenues are projected to rise to $7.3 million and will be capable of subsidizing 2500 very low, low and moderate income households. 3) The Riverside County Housing Authority in pZrtnership with the Palm Desert Redevelopment Agency currently owns 598 units. By 1995 at least 1359 units will be owned by the Housing Authority and subsidized by the Redevelopment Agency for very low, low and moderate households. All units subsidized by the Redevelopment Agency are required to be preserved for the life of the project area through 2027. 0 CITY OF PALM DESERT DEP' rMENT OF COMMUNITY DEVELC ENT STAFF REPORT 14000, TO: Planning Commission DATE: January 7, 1992 SE NO: GPA 92-1 REQUEST: Amendment to the General Plan Housing Element adding an analysis of existing low income assisted housing at risk of being lost over the next ten years. APPLICANT: City of Palm Desert I. BACKGROUND: Section 65583 of the Government Code was amended in 1989 to require housing elements to contain an analysis of existing assisted housing at risk of being lost in a ten year period through expiration of HUD contracts or other rental controls. Only one project, Candlewood Apartments, is at risk of loss during the ten year period. The project is covered by a HUD contract through 2018 although the owner has the option to withdraw at five year intervals. The owner has expressed an intention to maintain the contract through its entire term. If he were to withdraw, the city and redevelopment agency would consider acquiring the project to preserve the low income units. II. RECOMMENDATION: Adopt findings and Planning Commission Resolution No. recommending to city council approval of GPA 92-1. III. ATTACHMENTS: A. Draft resolution. B. Legal notice. Prepared by - Reviewed and Approved by PD/tm M, - - 06��Deer •=aA3 TELEPHONE (619)346-0611 February 6, 1992 FAX (619) 340-0574 Mr. Antero Rivasplata, AICP State of California Office of Planning and Research 1400 Tenth Street Sacramento, California 95814 Re: Palm Desert's General Plan Extension Request Dear Mr. Rivasplata: Enclosed you will find the materials you requested in evaluating our request for a general plan update extension period. The city does not have or anticipate the enactment of any interim or moratorium ordinance during our general plan revision. The citizen presentation meetings tentatively scheduled for May -June will be public planning workshops. The intent of these meetings are that they will be conducted as informal discussion meetings. Presentations will be made, questions answered, and issues discussed. Public hearings will be held after these forums before the planning commission and city council. The meetings of the steering committee and any other group will be open to the public. However, the taking of public comments will probably not be done during these sessions. I have enclosed a list of currently approved projects, as well as a list of some developments that the city will be processing. Projects in progress (see map): A. SECTION 4 Proposed conference center and public golf course facility. The city has acquired some 200 acres in the area identified. It is our intention to develop a public golf course--27 holes, conference center, and other facilities to be determined. These uses are currently permitted by the existing zoning, and public hearings will be required. ML ANTERO RIVASPLATA; AICP OFFICE OF PLANNING ANI itESEARCH *NAW FEBRUARY 6, 1992 B. EL PASEO RETAIL This site will contain retail stores and provide public parking, some 200-250 excess spaces to offset possible existing parking deficiencies. The site is zoned for the project and will require public hearings. C. HIGHWAY 111 RETAIL/OFFICE This land is already zoned for regional commercial uses and plans for its development have been under discussion and formal submittal should occur with the next few months. D. TENTATIVE TRACT MAPS Currently there have been three or four tentative tract maps totaling 520 units. The principle planning issues in Palm Desert appear to be: A. Affordable housing B. Protection of the hillsides C. Circulation and public transit D. Air quality E. Water conservation I trust the information that has been provided will enable you to review our request. If you need any further information, please feel free to call. Ver truly yours, LA. DIAZ ASSISTANT CITY MANAGER/ DIRECTOR OF COMMUNITY DEVELOPMENT /tm 2 Im M 0MV oV pmu a o 0 0 n 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619) 346-0611 FAX (619) 340-0574 January 13, 1992 California State Office of Planning and Research 1400 10th Street Sacramento, California 95814 Attn: Mr. Bob Cervantes Dear Mr. Cervantes: Enclosed is a copy of Palm Desert City Council Resolution 92-2 requesting a time extension for our city to update its General Plan. I believe that the enclosed resolution and the exhibit which was part of the resolution meet the requirements of Government Code Section 65361. Please feel free to ask for any additional information or material you may need to evaluate this request. Very truly yours, •RAMON A. DIAZ ASSISTANT CITY MA AGER/ DIRECTOR OF COMMUNITY DEVELOPMENT /tm Enclosure RESOLUTION NO. 92-2 A RESOLUTION OF THE CITY COUNCIL OF'THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING A ONE YEAR TIME EXTENSION TO UPDATE ITS ADOPTED GENERAL PLAN FOR THE DIRECTOR OF THE STATE OFFICE OF PLANNING AND RESEARCH. WHEREAS, the City of Palm Desert has -a valid adopted general plan, and that plan should be updated for the reasons enumerated in the staff report dated January 9, 1992, and attached hereto as Exhibit A; and WHEREAS, the Palm Desert City Council has made the following findings: 1. The local review process policy adopted by the city while designed to assure extensive community -wide citizen involvement, the process lengthens the time necessary to complete the updating. 2. The city's cooperation and combined planning efforts with adjoining cities, the local council of governments, county, and regional agencies, - also extends the time required to update the general plan. 3. The tremendous growth and territorial extension of the city since the general plan's adoption has not allowed the update of its plan as frequently as desired. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Palm Desert, California, requests a one year time extension to update its adopted general plan from the California Director of the Office of Planning and Research. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 9th, day of January, 1992, by the following vote, to wit: AYES: BENSON, CRITES, SNYDER, WILSON, KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE C RI HARD S. K LL , May E A i S SHEILA R. GIL%-IGAN, y Clerk City of Palm Desert ,k alifornia RESOLUTION NO. 92-2 EXHIBIT A • �"` CITY OF PALM DESERT DEPARTMENT OF COMMUNITY -DEVELOPMENT MEMORANDUM TO: City Manager and City Council. FROM: Ramon A. Diaz, ACM/Director of Community Development DATE: January 9, 1992 SUBJECT: Updating the Palm Desert. General Plan Recently, some questions have been raised concerning the adequacy of the city's general plan. The current city general plan was adopted in 1981. The Housing Element has been•updated'and received clearance from the State Office of Planning and Research. While all elements of a general plan carry the same weight, the housing element is the one that in recent times seems to have received the greatest emphasis. For example, state law precludes us from asking for a time extension to update the plan if our housing element were not in order. - The current general plan has and continues to serve us well. However, after ten years, the development of the regional mall, a resort hotel, the Palm Valley Channel, Civic Center Park, etc., has made the updating of the plan appropriate. While the updating is occurring it is important that the orderly processing of applications continue. This is even more important in today's economy. In order to be sure that the city can continue processing application requests, a time extension from the State Office of Planning and. Research is recommended. The law provides in Section 65361 (e) that: During the extension of time specified in this section, the city or county is not subject to the requirement that a complete and adequate general plan be adopted, the requirement that it be adopted within a specific period of time, or the requirements of state law that its decisions be consistent with those portions of the general plan for which an extension has been granted... In short, state law provides governmental agencies the opportunity to update their general plans without the threat of litigation preventing or delaying needed and wanted improvements or projects. Government Code Section 65361, which provides the opportunity to request a time extension, setforth the application requirements. CITY MANAGER/CITY COUNCIL PALM DESERT GENERAL P' JANUARY 9, 1992 En 1. A public hearing must be held. 2. A resolution adopted identifying the reasons for the request and supporting one or more of the required findings in Section 65361(a). 3. A detailed budget and schedule for the updating program is required. 4. A set of policies and procedures that assure that developments permitted during this period will be consistent with the plan under consideration must also be identified. This evening we are holding the public hearing required of Section 65361 (c) (1); and the resolution attached hereto fulfills that particular requirement. Also attached to the report are Attachments A and B. Attachment A is the budget and schedule for the preparation of the updating; Attachment B sets forth recommended policies and procedures for processing applications during this period. RAMON A. DIAZ ASSISTANT CITY DIRECTOR OF /tm ANAGER/ MMUNITY DEVELOPMENT 2 RESOLUTION NO. 92-2 ATTACHMENT A BUDGET AND SCHEDULE It is anticipated that the program will take about 17 months for completion. The staff devoted to the project will consist of a senior planner, assistant planner, and the Director of Community Development. In addition, staff from other departments may be called in from time to time to assist on the project. All city department heads will participate to a greater or lesser degree in the process. In terms of budgetary expenditures all city personnel are on salary, and the vast majority of those who would participate in the program are exempt employees. The major budgetary expenditure would be salary only. Additional funds will include $20,000 - $25,OQO-for printing and $50,000 - $70,000 for outside technical consultants;' and- appropriations will be requested.at the appropriate time. Representatives from the Office of Planning and Research indicated that identifying the positions and salaries of those involved in the update would be sufficient. POSITION MONTHLY SALARY ACM/Director of Community Development $5,403 Senior Planner 3,745 Associate Planner 3,481 Assistant Planner 3,128 Other positions which will participate from time to time in the program include: POSITION MONTHLY SALARY ACM/Director of Community Development $5,403 ACM/Director of Public Works/City Engineer 5,403 ACM/Director of Economic Development 5,403 Director of Code Compliance 3,801 Environmental Conservation Manager 3,782 RESOLUTION NO. 92-2 R ATTACHMENT B PROGRAM. In updating Llic: yoneral plan extensive citizen involvement and contribution has always been the foundation for Palm Desert's planning programs. In addition to the planning commission, the various city commissions shall participate in the process; these include: Architectural Commission Parks and Recreation Commission Economic Development Advisory Committee Public Safety Commission Civic Arts Committee City Trails Committee Art in Public Places Committee There is also the possibility of a steering committee made up chairpersons of each of the above boards. Input will also be sought from the Chamber of Commerce, Realtors and other organized groups within the city. Board of Because this is an updating activity rather than a new plan, a different approach than the normal multi -citizen committee approach is - recommended. First, in order to assure ourselves that we are addressing current citizen concerns the Haute Line for February will contain a form which will allow residents of *the city to identify their areas of concern that they would like addressed in 'the update program. The Haute Line is received by every resident of the city. Secondly, a series of general plan presentations will be made to inform the residents of the current plan and the proposed update. The city would be divided into areas for presentation; while anyone can attend, dividing the city will assure that we have adequate seating for each presentation. Once the citizens concerns are identified a report outlining those areas shall be presented to the council, and they will then identify their areas or issues they feel should be examined. Staff will then take these issues current general plan addresses these are applicable and achievable today. and prepare a report on how the concerns, and if the 1981 answers During this time staff will also review the entire current general plan to assure that internal consistency is present. As part of this program we shall contact parties that in the past have voiced concern over the current general plan and request their assistance in identifying any internal inconsistencies that require clarification. ATTACHMENT 8 This. report shall then be presented to -the previously identified city.• boards and commission for their review and recommendation to the ` planning commission. 1 After planning commission review it is proposed that a series of public meetings be held to inform and discuss with the public the commission's proposed report to council. After these meetings the report will go to council for .final comment. After council review the proposed updated general plan will be scheduled for public hearing before the planning commission. After the planning commission hearing the updated general plan will be before the council for hearing and eventual adoption. To assure. that developments permitted during this period will be consistent with the plan under consideration a specific finding shall be required that the proposal is consistent with the development policies, goals and objectives being considered. If necessary, the commission may refer a particular application to the steering committee for review if it finds it necessary. The tentative update schedule is as follows: I. Questionnaire in Haute Line - February issue II. Review of current General Plan by staff - 8 weeks: 1 February 1992 to 1 April 1992 III. Report to Planning 'Commission and Council on Haute line Responses -May, 1992 IV. Citizen presentations on General Plan Update and Haute Line Responses: May -June 1992 V. Meeting with city boards and commissions, and general. plan update steering committee: August, 1992 VI. Staff preparation proposed general plan update: September - November, 1992 VII. Review of the proposed plan by steering committee, planning commission, city council - December, 1992 VIll. Preparation of plan and environmental impact report: January - March, 1993 IX. Hearings before planning commission: April, 1993 X. Adoption by council: May, 1993 CITY OF PALM DESERT RESOLUTION N0. 92-2 DEFTMENT OF COMMUNITY DEVELO1wYENT MEMORANDUM TO: City Manager and City Council FROM: Ramon A. Diaz, ACM/Director of Community Development DATE: January 9, 1992 SUBJECT: Updating the Palm Desert General Plan Recently, some questions have been raised concerning the adequacy of the city's general plan. The current city general plan was adopted in 1981. The Housing Element has been updated and received clearance from the State Office of Planning and Research. While all elements of a general plan carry the same weight, the housing element is the one that in recent times seems to have received the greatest emphasis. For example, state law precludes us from asking for a time extension to update the plan if our housing element were not in order. The current general plan has and continues to serve us well. However, after ten years, the development of the regional mall, a resort hotel, the Palm Valley Channel, Civic Center Park, etc., has made the updating of the plan appropriate. While the updating is occurring it is important that the orderly processing of applications continue. This is even more important in today's economy. In order to be sure that the city can continue processing application requests, a time extension from the State Office of Planning and Research is recommended. The law provides in Section 65361 (e) that: During the extension of time specified in this section, the city or county is not subject to the requirement that a complete and adequate general plan be adopted, the requirement that it be adopted within a specific period of time, or the requirements of state law that its decisions be consistent with those portions of the general plan for which an extension has been granted... In short, state law provides governmental agencies the opportunity to update their general plans without the threat of litigation preventing or delaying needed and wanted improvements or projects. Government Code Section 65361, which provides the opportunity to request a time extension, setforth the application requirements. CITY COUNCIL ANION: APPROVED V DENIED RECEIVED OTHER IVIL1" , 1INU t,.n _ c � r A 1 �- A `1'L __. _ __. CITY MANAGER/CITY CO*"tCIL RESOLUTION NO. 92-2 PALM DESERT GENERAL BAN JANUARY 9, 1992 1. A public hearing must be held. 2. A resolution adopted identifying the reasons for the request and supporting one or more of the required findings in Section 65361(a). 3. A detailed budget and schedule for the updating program is required. 4. A set of policies and procedures that assure that developments permitted during this period will be consistent with the plan under consideration must also be identified. This evening we are holding the public hearing required of Section 65361 (c) (1); and the resolution attached hereto fulfills that particular requirement. Also attached to the report are Attachments A and B. Attachment A is the budget and schedule for the preparation of the updating; Attachment B sets forth recommended policies and procedures for processing applications during this period. ON DIAZ ASS ANT CITY MANA R/ DIRECTOR OF COMM ITY /tm DEVELOPMENT 0 ATTACHMENT A RESOLUTION NO. 92-2 *ftw* BUDGET AND SCHEDULE It is anticipated that the program will take about 17 months for completion. The staff devoted to the project will consist of a senior planner, assistant planner, and the Director of Community Development. In addition, staff from other departments may be called in from time to time to assist on the project. All city department heads will participate to a greater or lesser degree in the process. In terms of budgetary expenditures all city personnel are on salary, and the vast majority of those who would participate in the program are exempt employees. The major budgetary expenditure would be salary only. Additional funds will include $20,000 - $25,000 for printing and $50,000 - $70,000 for outside technical consultants; and appropriations will be requested at the appropriate time. Representatives from the Office of Planning and Research indicated that identifying the positions and salaries of those involved in the update would be sufficient. PnGTTTnN MONTHLY SALARY ACM/Director of Community Development $5,403 Senior Planner 3,745 Associate Planner 3,481 Assistant Planner 3,128 Other positions which will participate from time to time in the program include: POSITION MONTHLY SALARY ACM/Director of Community Development $5,403 ACM/Director of Public Works/City Engineer 5,403 ACM/Director of Economic Development 5,403 Director of Code Compliance 3,801 Environmental Conservation Manager 3,782 RESOLUTION NO. 92-2 ATTACHMENT B PROGRAM a In updating the general plan extensive citizen involvement and contribution has always been the foundation for Palm Desert's planning programs. In addition to the planning commission, the various city commissions shall participate in the process; these include: Architectural Commission Parks and Recreation Commission Economic Development Advisory Committee Public Safety Commission Civic Arts Committee City Trails Committee Art in Public Places Committee There is also the possibility of a steering committee made up of the chairpersons of each of the above boards. Input will also be sought from the Chamber of Commerce, Board of Realtors and other organized groups within the city. Because this is an updating activity rather than a new plan, a different approach than the normal multi -citizen committee approach is recommended. First, in order to assure ourselves that we are addressing current citizen concerns the Haute Line for February will contain a form which will allow residents of the city to identify their areas of concern that they would like addressed in the update program. The Haute Line is received by every resident of the city. Secondly, a series of general plan presentations will be made to inform the residents of the current plan and the proposed update. The city would be divided into areas for presentation; while anyone can attend, dividing the city will assure that we have adequate seating for each presentation. Once the citizens concerns are identified a report outlining those areas shall be presented to the council, and they will then identify their areas or issues they feel should be examined. Staff will then take these issues and prepare a report on how the current general plan addresses these concerns, and if the 1981 answers are applicable and achievable today. During this time staff will also review the entire current general plan to assure that internal consistency is present. As part of this program we shall contact parties that in the past have voiced concern over the current general plan and request their assistance in identifying any internal inconsistencies that require clarification. ATTACHMENT B RESOLUTION NO. 92-2 This report shall then be presented to the previously identified city boards and commission for their review and recommendation to the planning commission. After planning commission review it is proposed that a series of public meetings be held to inform and discuss with the public the commission's proposed report to council. After these meetings the report will go to council for final comment. After council review the proposed updated general plan will be scheduled for public hearing before the planning commission. After the planning commission hearing the updated general plan will be before the council for hearing and eventual adoption. To assure that developments permitted during this period will be consistent with the plan under consideration a specific finding shall be required that the proposal is consistent with the development policies, goals and objectives being considered. If necessary, the commission may refer a particular application to the steering committee for review if it finds it necessary. The tentative update schedule is as follows: I. Questionnaire in Haute Line - February issue II. Review of current General Plan by staff - 8 weeks: 1 February 1992 to 1 April 1992 III. Report to Planning Commission and Council on Haute line Responses -May, 1992 IV. Citizen presentations on General Plan Update and Haute Line Responses: May -June 1992 V. Meeting with city boards and commissions, and general plan update steering committee: August, 1992 VI. Staff preparation proposed general plan update: September - November, 1992 VII. Review of the proposed plan by steering committee, planning commission, city council - December, 1992 VIII. Preparation of plan and environmental impact report: January - March, 1993 IX. Hearings before planning commission: April, 1993 X. Adoption by council: May, 1993 RESOLUTION NO. 92-2 'VIM" A RESOLUTION OF THE CITY COUNCIL OF THE a CITY OF PALM DESERT, CALIFORNIA, REQUESTING A ONE YEAR TIME EXTENSION TO UPDATE ITS ADOPTED GENERAL PLAN FOR THE DIRECTOR OF THE STATE OFFICE OF PLANNING AND RESEARCH. WHEREAS, the City of Palm Desert has a valid adopted general plan, and that plan should be updated for the reasons enumerated in the staff report dated January 9, 1992, and attached hereto as Exhibit A; and WHEREAS, the Palm Desert City Council has made the following findings: 1. The local review process policy adopted by the city while designed to assure extensive community -wide citizen involvement, the process lengthens the time necessary to complete the updating. 2. The city's cooperation and combined planning efforts with adjoining cities, the local council of governments, county, and regional agencies, also extends the time required to update the general plan. 3. The tremendous growth and territorial extension of the city since the general plan's adoption has not allowed the update of its plan as frequently as desired. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Palm Desert, California, requests a one year time extension to update its adopted general plan from the California Director of the Office of Planning and Research. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of 1992, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICHARD S. KELLY, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California RAD/tm cm En 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: January 9, 1992 City of Palm Desert Re: � A 92-1 FAX (619) 340-0574 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of January 7, 1992. PLANNING COMMISSION RECOMMENDED APPROVAL OF GPA 92-1 TO CITY COUNCIL BY ADOPTION OF RESOLUTION NO. 1553. CARRIED 5-0. Any appeal of the above action may be made in of Community Development, City of Palm Desert, of the date of the decision. *P)C � )-d- . a RAM N A. DIAZ, S C ARY PALM DESERT PLANNI COMMISSION RAD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal writing to the Director within fifteen (15) days PLANNING COMMISSION RESOLUTION Nn, 1553 A RESOLUTI OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND GENERAL PLAN HOUSING ELEMENT AMENDMENT ADDING AN ANALYSIS AND PROGRAM DEALING WITH ASSISTED LOW INCOME HOUSING UNITS AT RISK OF BEING LOST DURING THE NEXT TEN YEARS. CASE NO. GPA 92-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of January, 1992, hold a duly noticed public hearing to consider a Negative Declaration of Environmental Impact and General Plan Housing Element Amendment adding an analysis and program dealing with assisted low income housing units at risk of being lost during the next ten years; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of community development has determined that the project will not have an adverse impact on the environment and a negative declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said planning commission did find that the amendment complies with Section 65583 of the Government Code as amended. 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 the Negative Declaration of Environmental Impact Exhibit "A" and GPA 92-1 Exhibit "B" are hereby recommended for approval to city council. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th, day of January, 1992, by the following vote, to wit: AYES: DOWNS, JONATHAN, RICHARDS, SPIEGEL, WHITLOCK NOES: NONE ABSENT: NONE ABSTAIN: NONE CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Sec ary PD/tm PLANNING COMMISSION RESOLUTION NO. 1553 EXHIBIT A Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: GPA 92-1 APPLICANT/PROJECT SPONSOR: City of Palm Desert PROJECT DESCRIPTION/LOCATION: Amendment to the General Plan Housing Element adding an analysis of existing low income assisted housing at risk of being lost over the next ten years. 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. RAMON A. DIAZ DIRECTOR OF C PD/tm January 7, 1992 DATE DEVELOPMENT 0 PLANNING COMMISSION RESOLUTION NO. 1553 EXHIBIT "B" G. PRESERVATION OF EXISTING ASSISTED HOUSING Chapter 1451, Statutes of 1989 amended Section 65583 of the Government Code to require analysis and preserve existing controlled low housing which is at risk of being lost over the next ten year period (2002). Controlled low and moderate income housing in the City of Palm Desert falls into three basic categories: 1) Inclusionary programs associated with the Senior Overlay, Affordable High Density Zone and Government Code 65916 (some of which are financed with tax exempt bonds); 2) Privately owned, federally assisted new construction; and 3) Local agency, publicly owned and assisted units. 1) Inclusionary Projects - All projects built under City of Palm Desert inclusionary programs are subject to a recorded development agreement controlling the required low/moderate income units for a minimum period of 30 years regardless of associated bond requirements. Projects approved after 1988 are controlled for the life of the facility with a minimum 30 years.- None of these agreements will expire before the year 2015. Of the 1071 units built under these programs, the Riverside County Housing Authority has purchased 534 units and has made offers on an additional 512 units for inclusion in the Redevelopment 'Agency's rent subsidy program. 2) Privately Owned Federally Assisted Projects - The city contains one private project financed and assisted under the 221(d)(4) program. Candlewood Apartments located at 74-000 Shadow Mountain Drive is a 30 one bedroom senior project with 26 units subsidized for low and very low income households. The HUD contract runs through 2018. The owner has an option .to withdraw from the contract every five years. The next option year is 1993. He has no intention of terminating the contract before 2018 and has agreed to inform the city of any change in plans. If and when the city was to become aware of an intention to terminate the contract, the project would be considered for acquisition as part of the Riverside County Housing Authority/Redevelopment Agency subsidy program. The program uses tax exempt mortgage revenue bonds issued by the Riverside County Housing Authority to purchase existing projects and build new units which are subsidized by the Redevelopment Agency according to Section 8 guidelines. Based on similar projects recently purchased by the Housing Authority, the 1991 market value of Candlewood Apartments is r. 3 rLANNING COMMISSION RESOLUTION NO. 1553 $1.5 million or $50,000/unit. An average per unit subsidy of $349/month would be required to maintain the existing Section -, 8 low and very low income rent schedule. Total RDA housing revenues for 1991-92 are $3.3 million. By the year 2000 housing revenues are projected to rise to $7.3 million and J will be capable of subsidizing 2500 very low, low and moderate income households. 3) The Riverside County Housing Authority in partnership with the Palm Desert Redevelopment Agency currently owns 598 units. By 1995 at least 1359 units will be owned by the Housing Authority and subsidized by the Redevelopment Agency for very low, low and moderate households. All units subsidized by the Redevelopment Agency are required to be preserved for the life of the project area through 2027. 4 MINUTES PALM DESERT PLANNING MMISSION JANUARY 7, 1992 the wooden fence and have it hauled away, and Mr. Brien would put up the block wall. He indicated that he was willing to do this to keep peace in the family. Chairperson Whitlock asked if anyone wished to address the commission in FAVOR or OPPOSITION to the proposal. MR. LEE BARRY, the property owner behind the proposed project, informed commission that he did not recall agreeing to tear down the fence and haul it away but felt it could be worked out later. He indicated that the Jefferson's next door to him, whose property line also backed up to the applicant's property although not as much as to his, were not in town and he had explained the situation to them and did not feel they had a problem. Mr. Barry said that he would tear down the fence if Mr. Brien would haul it away. Mr. Brien distributed some pictures to the commission of the property in question showing the fences involved. Commissioner Downs recommended that Mr. Barry tear down the fence and Mr. Brien haul it away and install the block wall. Mr. Brien concurred that he would do this. Chairperson Whitlock closed the public testimony and asked for any comments by commission. Action: Moved by Commissioner Downs, seconded by Commissioner Spiegel, adopting the findings as presented by staff. Carried 5-0. Moved by Commissioner Downs, seconded by Commissioner Spiegel, adopting Planning Commission Resolution No. 1552, approving PP 91-15, subject to conditions as amended. Carried 5-0. E. ✓Case No. GPA 92-1 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to the General Plan Housing Element adding an analysis of existing low income assisted housing at risk of being lost over the next ten years. 20 MINUTES PALM DESERT PLANNING TOMMISSION JANUARY 7, 1992 Mr. Drell explained that there was a change in the housing law that required the city to analyze the existing housing stock and decide which projects could be lost because of contracts with H.U.D. or assisted housing that expire periodically. He noted that in Palm Desert there was only one project which was in that category--Candlewood Apartments owned by Dick Oliphant. He indicated that Mr. Oliphant had a contract through the year 2018 and did not feel Mr. Oliphant had any intention of giving up that option. Mr. Drell noted that Exhibit B had the required paragraphs that the law specifies and had been reviewed by the State Department of Housing and Community Development and was found to be in substantial compliance. Chairperson Whitlock opened the public hearing and asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal. There was no one and the public testimony was closed. Action• Moved by Commissioner Downs, seconded by Commissioner Richards, adopting the findings as presented by staff. Carried 5-0. Moved by Commissioner Downs, seconded by Commissioner Richards, adopting Planning Commission Resolution No. 1553, recommending approval of GPA 92-1 to city council. Carried 5-0. VIII. MISCELLANEOUS None. IX. ORAL COMMUNICATIONS MS. DIANE DUNN, 77-777 Country Club Drive, introduced herself to the commission and said that she was Dan Ehrler's new assistant and would be attending the planning commission meetings. MS. RUTH GUIBERSON, 44-875 San Antonio Circle in Palm Desert, addressed the commission regarding Case No. PP/CUP 90-5 Amendment. Chairperson Whitlock explained to Ms. Guiberson that this case was at the city council level and the planning 21 CITY OF PALM DESERT DEP MENT OF COMMUNITY DEVELOPN�NT STAFF REPORT TO: Planning Commission DATE: January 7, 1992 SE NO: GPA 92-1 REQUEST: Amendment to the General Plan Housing Element adding an analysis of existing low income assisted housing at risk of being lost over the next ten years. APPLICANT: City of Palm Desert I. BACKGROUND: Section 65583 of the Government Code was amended in 1989 to require housing elements to contain an analysis of existing assisted housing at risk of being lost in a ten year period through expiration of HUD contracts or other rental controls. Only one project, Candlewood Apartments, is at risk of loss during the ten year period. The project is covered by a HUD contract through 2018 although the owner has the option to withdraw at five year intervals. The owner has expressed an intention to maintain the contract through its entire term. If he were to withdraw, the city and redevelopment agency would consider acquiring the project to preserve the low income units. II. RECOMMENDATION: Adopt findings and Planning Commission Resolution No. recommending to city council approval of GPA 92-1. III. ATTACHMENTS: A. Draft resolution. B. Legal notice. Prepared bye' Reviewed and Approved by PD/tm PLANNI ' COMMISSION RESOLUTION N0 Avae *00 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND GENERAL PLAN HOUSING ELEMENT AMENDMENT ADDING AN ANALYSIS AND PROGRAM DEALING WITH ASSISTED LOW INCOME HOUSING UNITS AT RISK OF BEING LOST DURING THE NEXT TEN YEARS. CASE NO. GPA 92-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of January, 1992, hold a duly noticed public hearing to consider a Negative Declaration of Environmental Impact and General Plan Housing Element Amendment adding an analysis and program dealing with assisted low income housing units at risk of being lost during the next ten years; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of community development has determined that the project will not have an adverse impact on the environment and a negative declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said planning commission did find that the amendment complies with Section 65583 of the Government Code as amended. 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 the Negative Declaration of Environmental Impact Exhibit "A" and GPA 92-1 Exhibit "B" are hereby recommended for approval to city council. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this day of 1992, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary PD/tm PLANNING COMMISSION F 'OLUTION NO. Saw llq EXHIBIT A Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: GPA 92-1 APPLICANT/PROJECT SPONSOR: City of Palm Desert PROJECT DESCRIPTION/LOCATION: Amendment to the General Plan Housing Element adding an analysis of existing low income assisted housing at risk of being lost over the next ten years. 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. RAMON A. DIAZ DATE DIRECTOR OF COMMUNITY DEVELOPMENT PD/tm 2 PLANNING COMMISSION F 'OLUTION NO. Iftw cm EXHIBIT "B" G. PRESERVATION OF EXISTING ASSISTED HOUSING Chapter 1451, Statutes of 1989 amended Government Code to require analysis controlled low housing which is at risk of ten year period (2002). Section 65583 of the and preserve existing being lost over the next Controlled low and moderate income housing in the City of Palm Desert falls into three basic categories: 1) Inclusionary programs associated with the Senior Overlay, Affordable High Density Zone and Government Code 65916 (some of which are financed with tax exempt bonds); 2) Privately owned, federally assisted new construction; and 3) Local agency, publicly owned and assisted units. 1) Inclusionary Projects - All projects built under City of Palm Desert inclusionary programs are subject to a recorded development agreement controlling the required low/moderate income units for a minimum period of 30 years regardless of associated bond requirements. Projects approved after 1988 are controlled for the life of the facility with a minimum 30 years. None of these agreements will expire before the year 2015. Of the 1071 units built under these programs, the Riverside County Housing Authority has purchased 534 units and has made offers on an additional 512 units for inclusion in the Redevelopment Agency's rent subsidy program. 2) Privately Owned Federally Assisted Projects - The city contains one private project financed and assisted under the 221(d)(4) program. Candlewood Apartments located at 74-000 Shadow Mountain Drive is a 30 one bedroom senior project with 26 units subsidized for low and very low income households. The HUD contract runs through 2018. The owner has an option to withdraw from the contract every five years. The next option year is 1993. He has no intention of terminating the contract before 2018 and has agreed to inform the city of any change in plans. If and when the city was to become aware of an intention to terminate the contract, the project would be considered for acquisition as part of the Riverside County Housing Authority/Redevelopment Agency subsidy program. The program uses tax exempt mortgage revenue bonds issued by the Riverside County Housing Authority to purchase existing projects and build new units which are subsidized by the Redevelopment Agency according to Section 8 guidelines. Based on similar projects recently purchased by the Housing Authority, the 1991 market value of Candlewood Apartments is 3 9 _ PLANNING COMMISSION r 'OLUTION NO. $1.5 million or $50,000/unit. An average per unit subsidy of $349/month would be required to maintain the existing Section 8 low and very low income rent schedule. Total RDA housing revenues for 1991-92 are $3.3 million. By the year 2000 housing revenues are projected to rise to $7.3 million and will be capable of subsidizing 2500 very low, low and moderate income households. 3) The Riverside County Housing Authority in partnership with the Palm Desert Redevelopment Agency currently owns 598 units. By 1995 at least 1359 units will be owned by the Housing Authority and subsidized by the Redevelopment Agency for very low, low and moderate households. All units subsidized by the Redevelopment Agency are required to be preserved for the life of the project area through 2027. ki RESOLUTION NO. 92-2 A RESUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING A ONE YEAR TIME EXTENSION TO UPDATE ITS ADOPTED GENERAL PLAN FOR THE DIRECTOR OF THE STATE OFFICE OF PLANNING AND RESEARCH. WHEREAS, the City of Palm Desert has a valid adopted general plan, and that plan should be updated for the reasons enumerated in the staff report dated January 9, 1992, and attached hereto as Exhibit A; and WHEREAS, the Palm Desert City Council has made the following findings: 1. The local review process policy adopted by the city while designed to assure extensive community -wide citizen involvement, the process lengthens the time necessary to complete the updating. 2. The city's cooperation and combined planning efforts with adjoining cities, the local council of governments, county, and regional agencies, also extends the time required to update the general plan. 3. The tremendous growth and territorial extension of the city since the general plan's adoption has not allowed the update of its plan as frequently as desired. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Palm Desert, California, requests a one year time extension to update its adopted general plan from the California Director of the Office of Planning and Research. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 9th, day of January, 1992, by the following vote, to wit: AYES: BENSON, CRITES, SNYDER, WILSON, KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE C ATTESTS RI HARD S. K LL , May SHEILA R. GIL GAN, y Clerk City of Palm Desert, alifornia RESOLUTION NO. 92-2 EXHIBIT A ' CITY OF PALM DESERT 400 DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM TO: City Manager and City Council FROM: Ramon A. Diaz, ACM/Director of Community Development DATE: January 9, 1992 SUBJECT: Updating the Palm Desert General Plan Recently, some questions have been raised concerning the adequacy of the city's general plan. The current city general plan was adopted in 1981. The Housing Element has been updated and received clearance from the State Office of Planning and Research. While all elements of a general plan carry the same weight, the housing element is the one that in recent times seems to have received the greatest emphasis. For example, state law precludes us from asking for a time extension to update the plan if our housing element were not in order. The current general plan has and continues to serve us well. However, after ten years, the development of the regional mall, a resort hotel, the Palm Valley Channel, Civic Center Park, etc., has made the updating of the plan appropriate. While the updating is occurring it is important that the orderly processing of applications continue. This is even more important in today's economy. In order to be sure that the city can continue processing application requests, a time extension from the State Office of Planning and Research is recommended. The law provides in Section 65361 (e) that: During the extension of time specified in this section, the city or county is not subject to the requirement that a complete and adequate general plan be adopted, the requirement that it be adopted within a specific period of time, or the requirements of state law that its decisions be consistent with those portions of the general plan for which an extension has been granted... In short, state law provides governmental agencies the opportunity to update their general plans without the threat of litigation preventing or delaying needed and wanted improvements or projects. Government Code Section 65361, which provides the opportunity to request a time extension, setforth the application requirements. J CITY MANAGER/CITY COUNCIL PALM DESERT GENERAL F-AN JAN,UARY 9, 1992 cm 1. A public hearing must be held. 2. A resolution adopted identifying the reasons for the request and supporting one or more of the required findings in Section 65361(a). 3. A detailed budget and schedule for the updating program is required. 4. A set of policies and procedures that assure that developments permitted during this period will be consistent with the plan under consideration must also be identified. This evening we are holding the public hearing required of Section 65361 (c) (1); and the resolution attached hereto fulfills that particular requirement. Also attached to the report are Attachments A and B. Attachment A is the budget and schedule for the preparation of the updating; Attachment B sets forth recommended policies and procedures for processing applications during this period. C -� , RAMON A. D AZ ASSISTANT CITY ANAGER/ DIRECTOR OF C MMUNITY DEVELOPMENT /tm 2 RESOLUTION NO. 92-2 ATTACHMENT A BUDGET AND SCHEDULE *40 It is anticipated that the program will take about 17 months for completion. The staff devoted to the project will consist of a senior planner, assistant planner, and the Director of Community Development. In addition, staff from other departments may be called in from time to time to assist on the project. All city department heads will participate to a greater or lesser degree in the process. In terms of budgetary expenditures all city personnel are on salary, and the vast majority of those who would participate in the program are exempt employees. The major budgetary expenditure would be salary only. Additional funds will include $20,000 - $25,000 for printing and $50,000 - $70,000 for outside technical consultants; and appropriations will be requested at the appropriate time. Representatives from the Office of Planning and Research indicated that identifying the positions and salaries of those involved in the update would be sufficient. POSTTTnN MONTHLY SALARY ACM/Director of Community Development $5,403 Senior Planner 3,745 Associate Planner 3,481 Assistant Planner 3,128 Other positions which will participate from time to time in the program include: POSITION MONTHLY SALARY ACM/Director of Community Development $5,403 ACM/Director of Public Works/City Engineer 5,403 ACM/Director of Economic Development 5,403 Director of Code Compliance 3,801 Environmental Conservation Manager 3,782 RESOLUTION NO. 92-2 ATTACHMENT B PROGRAM In updating the general plan extensive citizen involvement and contribution has always been the foundation for Palm Desert's planning programs. In addition to the planning commission, the various city commissions shall participate in the process; these include: Architectural Commission Parks and Recreation Commission Economic Development Advisory Committee Public Safety Commission Civic Arts Committee City Trails Committee Art in Public Places Committee There is also the possibility of a steering committee made up of the chairpersons of each of the above boards. Input will also be sought from the Chamber of Commerce, Board of Realtors and other organized groups within the city. Because this is an updating activity rather than a new plan, a different approach than the normal multi -citizen committee approach is recommended. First, in order to assure ourselves that we are addressing current citizen concerns the Haute Line for February will contain a form which will allow residents of the city to identify their areas of concern that they would like addressed in 'the update program. The Haute Line is received by every resident of the city. Secondly, a series of general plan presentations will be made to inform the residents of the current plan and the proposed update. The city would be divided into areas for presentation; while anyone can attend, dividing the city will assure that we have adequate seating for each presentation. Once the citizens concerns are identified a report outlining those areas shall be presented to the council, and they will then identify their areas or issues they feel should be examined. Staff will then take these issues and prepare a report on how the current general plan addresses these concerns, and if the 1981 answers are applicable and achievable today. During this time staff will also review the entire current general plan to assure that internal consistency is present. As part of this program we shall contact parties that in the past have voiced concern over the current general plan and request their assistance in identifying any internal inconsistencies that require clarification. ATTACHMENT B This report shall then be presented to the previously identified city boards and commission for their review and recommendation to the planning commission. After planning commission review it is proposed that a series of public meetings be held to inform and discuss with the public the commission's proposed report to council. After these meetings the report will go to council for .final comment. After council review the proposed updated general plan will be scheduled for public hearing before the planning commission. After the planning commission hearing the updated general plan will be before the council for hearing and eventual adoption. To assure that developments permitted during this period will be consistent with the plan under consideration a specific finding shall be required that the proposal is consistent with the development policies, goals and objectives being considered. If necessary, the commission may refer a particular application to the steering committee for review if it finds it necessary. The tentative update schedule is as follows: I. Questionnaire in Haute Line - February issue II. Review of -current General Plan by staff - 8 weeks: 1 February 1992 to 1 April 1992 III. Report to Planning Commission and Council on Haute line Responses -May, 1992 IV. Citizen presentations on General Plan Update and Haute Line Responses: May -June 1992 V. Meeting with city boards and commissions, and general plan update steering committee: August, 1992 VI. Staff preparation proposed general plan update: September - November, 1992 VII. Review of the proposed plan by steering committee, planning commission, city council - December, 1992 VIII. Preparation of plan and environmental impact report: January - March, 1993 IX. Hearings before planning commission: April, 1993 X. Adoption by council: May, 1993 RESOLUTION NO. A RESOLU')N OF THE CITY COUNCIL OF 1 CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND GENERAL PLAN HOUSING ELEMENT AMENDMENT ADDING AN ANALYSIS AND PROGRAM DEALING WITH ASSISTED LOW INCOME HOUSING UNITS AT RISK OF BEING LOST DURING THE NEXT TEN YEARS. CASE NO. GPA 92-1 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of February, 1992, hold a duly noticed public hearing to consider a Negative Declaration of Environmental Impact and General Plan Housing Element Amendment adding an analysis and program dealing with assisted low income housing units at risk of being lost during the next ten years; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of community development has determined that the project will not have an adverse impact on the environment and a negative declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said city council did find that the amendment complies with Section 65583 of the Government Code as amended. 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 council in this case. 2. That the Negative Declaration of Environmental Impact Exhibit "A" and GPA 92-1 Exhibit "B" are hereby recommended for approval to city council. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 13th , day of February , 1992, by the following vote, to wit: AYES: BENSON, NOES: NONE ABSENT: NONE ABSTAIN: NON$ ATTEST: CRITES, SNYDER, WILSON, KELLY SHEILA R. GILLI)FAN, Cit Clerk City of Palm Desert, C lifornia RICHA S. KELLY, Mayor RESOLUTION NO. I - -L=' qLn u EXHIBIT A Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: GPA 92-1 APPLICANT/PROJECT SPONSOR: City of Palm Desert PROJECT DESCRIPTION/LOCATION: Amendment to the General Plan Housing Element adding an analysis of existing low income assisted housing at risk of being lost over the next ten years. 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. RAMON A. DIAZ DIRECTOR OF C DATE DEVELOPMENT 2 k RESOLUTION NO. cm On EXHIBIT "B" G. PRESERVATION OF EXISTING ASSISTED HOUSING Chapter 1451, Statutes of 1989 amended Section 65583 of the Government Code to require analysis and preserve existing controlled low housing which is at risk of being lost over the next ten year period (2002). Controlled low and moderate income housing in the City of Palm Desert falls into three basic categories: 1) Inclusionary programs associated with the Senior Overlay, Affordable High Density Zone and Government Code 65916 (some of which are financed with tax exempt bonds); 2) Privately owned, federally assisted new construction; and 3) Local agency, publicly owned and assisted units. 1) Inclusionary Projects - All projects built under City of Palm Desert inclusionary programs are subject to a recorded development agreement controlling the required low/moderate income units for a minimum period of 30 years regardless of associated bond requirements. Projects approved after 1988 are controlled for the life of the facility with a minimum 30 years. None of these agreements will expire before the year 2015. Of the 1071 units built under these programs, the Riverside County Housing Authority has purchased 534 units and has made offers on an additional 512 units for inclusion in the Redevelopment Agency's rent subsidy program. 2) Privately Owned Federally Assisted Projects - The city contains one private project financed and assisted under the 221(d)(4) program. Candlewood Apartments located at 74-000 Shadow Mountain Drive is a 30 one bedroom senior project with 26 units subsidized for low and very low income households. The HUD contract runs through 2018. The owner has an option to withdraw from the contract every five years. The next option year is 1993. He has no intention of terminating the contract before 2018 and has agreed to inform the city of any change in plans. If and when the city was to become aware of an intention to terminate the contract, the project would be considered for acquisition as part of the Riverside County Housing Authority/Redevelopment Agency subsidy program. The program uses tax exempt mortgage revenue bonds issued by the Riverside County Housing Authority to purchase existing projects and build new units which are subsidized by the Redevelopment Agency according to Section 8 guidelines. Based on similar projects recently purchased by the Housing Authority, the 1991 market value of Candlewood Apartments is 3 low 14 $1.5 million or $50,000/unit. An average per unit subsidy of $349/month would be required to maintain the existing Section. 8 low and very low income rent schedule. Total RDA housing revenues for 1991-92 are $3.3 million. By the year 2000 housing revenues are projected to rise to $7.3 million and will be capable of subsidizing 2500 very low, low and moderate income households. 3) The Riverside County Housing Authority in partnership with the Palm Desert Redevelopment Agency currently owns 598 units. By 1995 at least 1359 units will be owned by the Housing Authority and subsidized by the Redevelopment Agency for very low, low and moderate households. All units subsidized by the Redevelopment Agency are required to be preserved for the life of the project area through 2027. 4 PROOF OF PUBLICATION (2015.5 C.C.P) of of Publication of- (CJ µZ b Y OF f A l, m -:�,e S C-- VT an 1401101 hZ Z Wd 9 Nur M iN3Hi2 Vd30 30NVNIJ AIS30 Wldd 30 1110 i This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA, County of Riverside, I am a citi- zen of the United States and a re- sident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of the Desert Post, a newspaper of gen- eral circulation, printed and pub- lished weekly in the City of Palm Desert County of Riverside, and which newspaper has been ad- judged a newspaper of general circulation by the Superior Court of the County of Riverside. State of California, under the date of 10/5, 1964, Case Number 83658; that the notice, of which the an- nexed is a printed copy (set in type not smaller than nonpareil), has been published in each regu- lar and entire issue of said news- paper and not in any supplement thereof onn,th folio g date, to - wit: �o�-- all in the year 1991, 1992. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Palm Desert California, this GEC 2 75 1111 (Signcd) I 0 (Mw oV I IH M o 0 o N 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: January 9, 1992 City of Palm Desert Re: GPA 92-1 FAX (619) 340-0574 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of January 7, 1992. PLANNING COMMISSION RECOMMENDED APPROVAL OF GPA 92-1 TO CITY COUNCIL BY ADOPTION OF RESOLUTION NO. 1553. CARRIED 5-0. Any appeal of the above action may be made in of Community Development, City of Palm Desert, of the date of the decision. RAM N A. DIAZ, S C ARY PALM DESERT PLANNI COMMISSION RAD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal writing to the Director within fifteen (15) days PLANNING COMMISSION RESOLUTION NO. 1553 A RESOLUTI�PK OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND GENERAL PLAN HOUSING ELEMENT AMENDMENT ADDING AN ANALYSIS AND PROGRAM DEALING WITH ASSISTED LOW INCOME HOUSING UNITS AT RISK OF BEING LOST DURING THE NEXT TEN YEARS. CASE NO. GPA 92-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of January, 1992, hold a duly noticed public hearing to consider a Negative Declaration of Environmental Impact and General Plan Housing Element Amendment adding an analysis and program dealing with assisted low income housing units at risk of being lost during the next ten years; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of community development has determined that the project will not have an adverse impact on the environment and a negative declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said planning commission did find that the amendment complies with Section 65583 of the Government Code as amended. 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 the Negative Declaration of Environmental Impact Exhibit "A" and GPA 92-1 Exhibit "B" are hereby recommended for approval to city council. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th, day of January, 1992, by the following vote, to wit: AYES: DOWNS, JONATHAN, RICHARDS, SPIEGEL, WHITLOCK NOES.: NONE ABSENT: NONE ABSTAIN: NONE CAROL WHITLOCK, Chairperson ATTEST: -.► RAMON A. DIAZ, Sec 04 ary PD/tm PLANNING COMMISSION RESOLUTION NO. 1553 EXHIBIT A Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: GPA 92-1 APPLICANT/PROJECT SPONSOR: City of Palm Desert PROJECT DESCRIPTION/LOCATION: Amendment to the General Plan Housing Element adding an analysis of existing low income assisted housing at risk of being lost over the next ten years. 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. -'� January 7, 1992 RAMON A. DIAZ I DATE DIRECTOR OF COMMU DEVELOPMENT PD/tm 2 PLANNING COMMISSION RESOLUTION NO. 1553 EXHIBIT "B" G. PRESERVATION OF EXISTING ASSISTED HOUSING Chapter 1451, Statutes of 1989 amended Section 65583 of the Government Code to require analysis and preserve existing controlled low housing which is at risk of being lost over the next ten year period (2002). Controlled low and moderate income housing in the City of Palm Desert falls into three basic categories: 1) Inclusionary programs associated with the Senior Overlay, Affordable High Density Zone and Government Code 65916 (some of which are financed with tax exempt bonds); 2) Privately owned, federally assisted new construction; and 3) Local agency, publicly owned and assisted units. 1) Inclusionary Projects - All projects built under City of Palm Desert inclusionary programs are subject to a recorded development agreement controlling the required low/moderate income units for a minimum period of 30 years regardless of associated bond requirements. Projects approved after 1988 are controlled for the life of the facility with a minimum 30 years.- None of these agreements will expire before the year 2015. Of the 1071 units built under these programs, the Riverside County Housing Authority has purchased 534 units and has made offers on an additional 512 units for inclusion in the Redevelopment Agency's rent subsidy program. 2) Privately Owned Federally Assisted Projects - The city contains one private project financed and assisted under the 221(d)(4) program. Candlewood Apartments located at 74-000 Shadow Mountain Drive is a 30 one bedroom senior project with 26 units subsidized for low and very low income households. The HUD contract runs through 2018. The owner has an option to withdraw from the contract every five years. The next option year is 1993. He has no intention of terminating the contract before 2018 and has agreed to inform the city of any change in plans. If and when the city was to become aware of an intention to terminate the contract, the project would be considered for acquisition as part of the Riverside County Housing Authority/Redevelopment Agency subsidy program. The program uses tax exempt mortgage revenue bonds issued by the Riverside County Housing Authority to purchase existing projects and build new units which are subsidized by the Redevelopment Agency according to Section 8 guidelines. Based on similar projects recently purchased by the Housing Authority, the 1991 market value of Candlewood Apartments is 3 M PLANNING COMMISSION RESOLUTION NO. 1553 *W01 ten , $1.5 million or $50,000/unit. An average per unit subsidy of $349/month would be required to maintain the existing Section 8 low and very low income rent schedule. Total RDA housing revenues for 1991-92 are $3.3 million. By the year 2000 ! housing revenues are projected to rise to $7.3 million and will be capable of subsidizing 2500 very low, low and moderate income households. 3) The Riverside County Housing Authority in p-;rtnership with the Palm Desert Redevelopment Agency currently owns 598 units. By 1995 at least 1359 units will be owned by the Housing Authority and subsidized by the Redevelopment Agency for very low, low and moderate households. All units subsidized by the Redevelopment Agency are required to be preserved for the life of the project area through 2027. 4