HomeMy WebLinkAboutORD 1032ORDINANCE NO. 1032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO THE AGE LIMITS CONTAINED IN THE
DEVELOPMENT AGREEMENT RELATED TO THE SENIOR
APARTMENT PROJECT (VILLAS ON THE GREEN) LOCATED
AT 77-120 CALIFORNIA DRIVE.
CASE NO. PP/CUP 99-5
WHEREAS, the City Council of the City of Palm Desert, California, did on the
9th day of January, 2003, hold a duly noticed public hearing to consider the request
of RAYMOND T. TROLL for the above noted amendment to reduce the minimum age
limit, for a maximum of 30 units, from 62 years to 55 years temporarily for a period
of five years for a maximum of 30 units; and
WHEREAS, the Planning Commission by its Resolution No. 2168 has
recommended approval; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,
Resolution No. 02-60," in that the Director of Community Development has
determined that the project was previously assessed and a Negative Declaration of
Environmental Impact certified; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said City Council
did find the following facts and reasons to exist to justify granting approval of said
amendment to the development agreement:
1. The project as designed and constructed provides 94.4% of the required
parking for a project restricted to persons 55 years and older.
2. The proposed amendment will sunset effective September 10, 2007.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California, as follows:
1 . That the above recitations are true and correct and constitute the findings
of the City Council in this case.
2. That approval of an amendment to the Development Agreement
Ordinance No. 920 (Exhibit A attached) is hereby approved.
ORDINANCE NO. 1032
3. The City Clerk of the City of Palm Desert, California, is hereby directed
to publish this ordinance in the Desert Sun, a newspaper of general
circulation, published and circulated in the city of Palm Desert, California,
and shall be in full force and effect thirty (30) days after its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 23rd day of JANUARY , 2003, by the following vote,
to wit:
AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON
NOES: NONE
ARSFNT- NnNF
City of Palm Desert, California
ORDINANCE NO. 1032
EXHIBIT "A"
Section 1
That Section "D" 7 of Ordinance 920 be amended to add subsection "W" titled
"Temporary Age Limit Provision" to read as follows:
(W) Temporary Age Limit Provisions. Notwithstanding anything to the
contrary contained elsewhere in this development agreement, for a period of five (5)
years from the date of the issuance of the Certificate of Occupancy (September 9,
2002) the project may rent a maximum of 30 units to seniors age fifty-five years and
older. This subsection and its provision will automatically sunset effective September
10, 2007.