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HomeMy WebLinkAboutRes 2011-34 GPA 11-089 Neg Dec of Environmental Impact for the Housing Element Update ProjectCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: RECOMMENDATION FOR APPROVAL OF: 1. THE ADOPTION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE HOUSING ELEMENT UPDATE PROJECT, PURSUANT TO SECTION 15074 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); AND 2. THE UPDATE OF THE HOUSING ELEMENT OF THE GENERAL PLAN. SUBMITTED BY: Lauri Aylaian, Director of Community Development APPLICANT: City of Palm Desert CASE NO(s): GPA 11-089 DATE: May 12, 2011 CONTENT: Draft Resolution Draft Initial Study Draft Housing Element Legal Notice Planning Commission Minutes 4-5-11 Planning Commission Resolution 2548 Recommendation That the City Council approve the findings and adopt Resolution No.2011-34 , adopting a Negative Declaration and approving GPA 11-089. Planning Commission Recommendation: The Planning Commission held a public hearing on the Housing Element at its meeting of April 5, 2011, and recommended that the City Council consider approval on a 4-0-1 City Council Housing Element Staff Report G PA 11-089 May 12, 2011 Page 2 of 7 vote, Commissioner De Luna having recused herself on the basis of a potential conflict of interest. The Planning Commission discussed the contents of the Housing Element, in particular: • The City is not responsible for constructing the units included in the Regional Housing Needs Assessment (RHNA). The City is only responsible for eliminating obstacles to their construction. • The relationship of the Housing Element to the Stipulated Judgment was briefly discussed. The Housing Element is not a part of the Stipulation and is implemented independently from the requirements of the Stipulation. The General Plan's High Density Overlay in the northern part of the City was discussed. The Overlay has been placed over a broad area. However, it applies only when a high density project is proposed, and meets the seven design criteria included in the General Plan. The Planning Commission considered the Housing Element, and concluded that its policies and programs would lead to the development of quality housing for all residents in the community. Executive Summary The Housing Element provides the City with policies and programs that guide the development of housing for all of its residents. However, the Housing Element has evolved to focus primarily on housing for lower income households and households with "special housing needs," such as persons with disabilities and the homeless. Pursuant to State law, the City has undertaken the updating of the Housing Element, and has received conditional approval from the State for the Draft attached to this staff report. Final approval will be provided upon City Council adoption. Background The Housing Element is one of the State mandated components of the City's General Plan, and the only one that requires updating on a pre -determined schedule. The current update addresses the 2006-2014 planning period. The Housing Element is also the only Element of the General Plan that requires review and approval by the State, specifically the Department of Housing and Community Development (HCD). With every planning period, changes in the law require that the City incorporate new information. In this cycle, two major changes were required by new laws: City Council Housing Element Staff Report G PA 11-089 May 12, 2011 Page 3 of 7 • Cities are now required to identify the parcels available for affordable housing, and demonstrate that they have sufficient land to accommodate the Regional Housing Needs Allocation (RHNA) units in the Very Low, Low and Moderate Income categories. This analysis extends to a requirement to rezone lands, if necessary, at a density of 20 units per acre or more. • The City must now allow homeless shelters by right in at least one zone, and must also explicitly allow single room occupancy, group homes and similar facilities, although the City has the option of requiring a Conditional Use Permit or similar planning tool. The Element also provides statistical data on the City's population and households; analyzes how the previous Housing Element was implemented and what programs were successful; provides data on the special needs households in the City, including large families, persons with disabilities, senior citizens, and the homeless; describes the existing affordable housing projects in the City; and concludes with the goals, policies and programs needed to assure that the City facilitates the construction of sufficient housing units to meet its "Regional Housing Needs Allocation". The State prepares the RHNA, which represents the number of housing units, by income level, that the State believes the City will need to meet the demands of growth during the planning period from 2006 to 2014. The RHNA allocation for the City is shown in Table 1. The current RHNA was calculated in 2004-2005, during a time when California was experiencing extremely rapid growth. As a result, the City, and most of the cities in the Coachella Valley, were assigned very high RHNA allocations, particularly when compared to past planning cycles. Table 1 RHNA by Income Category, 2006-2014 HH Income Category Units Extremely Low 553 Very Low Income 552 Low Income 759 Moderate Income 847 Above Moderate Income 1,875 Total Units Needed 4,586 Based on the current RHNA, the City must be able to accommodate 1,864 extremely low, very low and low income units, and 847 moderate income units, for a total of 2,711 units. Please note that it is assumed that all "Above Moderate" income households will be accommodated by free-market housing. City Council Housing Element Staff Report G PA 11-089 May 12, 2011 Page 4 of 7 State law required that the Housing Element be updated by the end of June, 2008. The City initiated the Housing Element Update process in 2007. A series of community workshops were held to seek input from affordable housing providers, developers, and the community at large. Following these workshops, staff drafted the update, and analyzed the lands available for housing. This analysis found that there is not sufficient land zoned to accommodate the RHNA for this planning period. Staff then considered the areas of the City that could accommodate affordable housing, regardless of their current zoning, and presented these findings to the City Council. Unsatisfied with the findings, the City Council formed a subcommittee to further investigate available options. Chief among the Council's concerns were the concentration of affordable housing units in the north part of the city, and their desire to renovate existing deteriorated housing units as a priority over constructing new housing stock. Staff collaborated with the Council subcommittee to thoroughly canvas the city, identifying vacant, foreclosed, and blighted housing units that could be renovated as affordable housing. This inventory was used to reduce the number and density of new units that would need to be produced. Staff also reworked the proposed densities and product types of specific vacant parcels to achieve a better mix of affordable and market housing in the northern part of the city. After much consideration, the City Council directed staff to submit the Draft Housing Element to the State for review, with the land inventory which assigned much of the RHNA to lands in the northern portion of the City. Staff submitted the document to HCD in June, 2010. Several revisions of the draft were subsequently produced based upon comments and directions received from HCD. On March 3, 2011, HCD notified the City that the Element, as drafted, conforms to the requirements of State law. If adopted by the City Council, the Element will be "certified" by the State. A certified Housing Element is required per California Government Code, and enables the City to qualify for a number of housing and transportation grants. Ultimately, if the City does not receive State certification, and instead makes the findings necessary for self -certification, these funds will not be available to the City. Other potential consequences of the absence of a State -certified Housing Element include the inability to withstand legal challenges to housing projects for which the City denies applications, and difficulty making General Plan consistency findings for other types of land use applications. Palm Desert is one of the last Coachella Valley cities to complete the process and gain approval. Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, Palm Springs, and Rancho Mirage have adopted State -certified housing elements. Only La Quinta remains in the review process for the current cycle. Analysis City Council Housing Element Staff Report G PA 11-089 May 12, 2011 Page 5 of 7 The Housing Element is a tool that the City uses to implement the development of housing, particularly affordable housing. It is important to note that the City is not responsible for the construction of any of these units. Housing Element law requires that the City's policies and programs facilitate the development of affordable housing, and do not impose constraints on housing. It does not require that the City build the units. Conversely, the current economy, and the parallel slowing of growth throughout California, including Palm Desert, makes it highly unlikely that the 4,586 housing units required under the current RHNA will be constructed during the 2006-2014 planning period. It is much more likely that existing, currently vacant homes and apartments will be occupied by new residents than that new units will be constructed, particularly given the drop in housing values and the relative affordability of the existing housing stock in the near future. The City is still obligated, however, to establish the means by which these units could be constructed, if demand existed. Land Inventory In general, the Housing Element has not significantly changed from the currently adopted Housing Element. The City's RHNA, however, is significantly higher than it was in the previous planning period (1998-2005). As described above, the new State requirement to demonstrate that the City has sufficient lands zoned to accommodate affordable housing has resulted in a need to re -zone substantial acreage to provide capacity for the RHNA. As shown in Table III-33 and on Exhibit 1 (page III-50) of the attached draft Housing Element, ten large parcels will require General Plan Amendments and/or rezones in order to meet the requirements of law. Further, as the City is required to rezone, State law also mandates that these lands be zoned with a minimum density of 20 units per acre. As a result of these new legal requirements, Programs 1.F and 1.1-1 have been added. Program 1.F details the sites that require rezoning, and Program 1.1-1 requires that the rezones be at a density of 20 units per acre or greater. It is important to note that the changes in the law also provide that if the rezones are not completed by the end of the planning period (2014), the units that these lands should have accommodated will be added to the City's next RHNA. In other words, if the City does not complete Program 1.F, 2,491 additional units would be added to the City's RHNA. This requirement, though onerous, could significantly impact the City in the next planning period, particularly since it is expected that the RHNA will be lower for the next cycle, due to the significant reductions in population growth in recent years. Homeless Shelters and Similar Facilities The other significant change in Housing Element law requires that the City allow, by right (without requiring a CUP or similar discretionary permit), homeless shelters in at least one zone. This law (SB 2), amended Government Code Section 65583, and City Council Housing Element Staff Report G PA 11-089 May 12, 2011 Page 6 of 7 became law in 2008. In order to meet this requirement, the Element includes program 5.13, which requires that the Zoning Ordinance be modified to allow homeless shelters in the Industrial zone. The other requirements of this particular law require that the City allow Single Room Occupancy housing, transitional and supportive housing (with or without a CUP), and expand the requirements for large group homes (those with 7 or more residents). All of these requirements are also included in Program S.B. As with the provision of housing in general, it is important to note that the City is not responsible for the construction of any homeless shelter, single room occupancy facilities, transitional or supportive housing unit, or group home, but must assure that its requirements do not impose an undue (as defined by the State) constraint on the development of such housing by others. Summary The Housing Element, as drafted and when implemented, will provide sufficient land to assure that there is adequate housing for current and future City residents of all income levels between now and 2014. The Department of Housing and Community Development has provided the City with written confirmation that the Element, as drafted, complies with the requirements of State law. The additions made to the Element are provided only to achieve compliance. Otherwise, the policy direction of the Element remains consistent with that of the currently adopted Housing Element. D. Findings of Approval: 1. The proposed Housing Element Update is in the public interest and there will be a community benefit, insofar as the proposed Housing Element facilitates the development of housing for all residents of Palm Desert. Development of housing for residents of all income levels will also reduce the vehicle miles traveled in the city, which will improve the regional air quality and reduce wear and tear on public streets and infrastructure, all of which is in the public interest. 2. The proposed Housing Element Update is consistent with the goals and policies of the General Plan, insofar as it is consistent with the other elements of the General Plan, and implements policies and programs directly relating to residential land uses. 3. The proposed Housing Element Update does not conflict with provisions of the Zoning Ordinance, insofar as the required rezoning of certain parcels will be consistent with existing Zoning districts and standards. As is specifically described City Council Housing Element Staff Report G PA 11-089 May 12, 2011 Page 7 of 7 in the Housing Element update, specific other clauses in the Zoning Ordinance will be revised to enhance the effectiveness of the Housing Element. Environmental Review The Director of Community Development reviewed this project under the requirements of the California Environmental Quality Act (CEQA). The Director found that the Housing Element is a "project" as defined by CEQA. As a result, the City completed an Initial Study. The Initial Study found that the Housing Element will have no impact on the Environment, and a Negative Declaration is proposed. The Initial Study is attached to this staff report as Attachment 3. Submitted by: a -- Nicole Sauviat Criste Consulting Planner Department Head: Lauri Aylaian Director of Community Development Approved by: CITY COUNCIL APPROVED ✓ DENTOD RECEIVED OTHER EETI CDT YaZ— � Jon . Wohlmuth AYES:n�rn7-747 ity anager NOES: ADIP ABSENT; ABSTAIN: VERIFIED BY. - Original on File with City erk's Office CITY OF PALM DESERT PUBLIC NOTICE CASE NO. GPA 11-089 NOTICE IS HEREBY GIVEN that a study session and a subsequent public hearing will be held before the Palm Desert City Council on Thursday, May 12th 2011 to consider a request by the City of Palm Desert for approval of a General Plan Amendment to update the Housing Element of the 2004 General Plan and approve a Negative Declaration of environmental impact for the amendment. The City is required to periodically update its Housing Element, based on a schedule established by the State of California. The current Housing Element planning cycle is for the 2006-2014 planning period. The Housing Element is used by the City's decision makers to guide the development of housing for all economic segments of the community, with a particular focus on lower income households and special needs households, such as for persons with disabilities. The Housing Element contains all the required components mandated by the State. The Housing Element Update contains new policies and programs required to assure that the City has sufficient lands available to accommodate its Regional Housing Needs Allocation (the number of units estimated by the State to be needed to accommodate growth in the City from 2006 through 2014). Although the policy direction of the Housing Element is generally consistent with the previously approved Element, the new policies and programs will require further action on the part of the City, including changes to the Zoning Ordinance text and map. This public notice is being sent to you because you are shown on public records as being the owner of one of the ten vacant parcels identified in the Housing Element update as being the subject of a future change of zone action. Such changes of zone will be undertaken to provide zoning that is consistent with the General Plan and supportive of residential uses. SAID study session will be held at 2:00 PM on Thursday, May 12th 2011 in the Administrative Conference Room and will be followed by the public hearing which will be held at 4:00 p.m. in the Council Chamber; both meeting rooms are located at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California. All interested persons are invited to attend and listen to an informational presentation at the study session at 2:00 PM and to be heard at the 4:00 PM public hearing. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or Negative Declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues that you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Palm Desert Planning Commission at, or prior to, the public hearing. LAURI AYLAIAN, Secretary April 21, 2011 Palm Desert Planning Commission Martinez, Gloria From: Moeller, Charlene [CMOELLER@palmspri.gannett.com] Sent: Thursday, April 21, 2011 4:47 PM To: Martinez, Gloria Subject: RE: Legal Notice - PH 05/12/2011 Housing Element Ad received and will publish on date(s) requested. Charlene Moeller I Media Sales Legal Notice Coordinator The Desert Sun Media Group 750 N. Gene Autry Trail, Palm Springs, CA 92262 t 760.778.4578 1 f 760.778.4731 legals()thedesertsun.com I di)wlegals at7thedesertsun.com The Coachella Valley's #1 Source in News & Advertising! .iiwdc:crt coo ! twitter ' (accbool. From: gmartinez�cityafpalmdesert.arg [rr��ilto_gn�artln� z :citX�f�almciese� t.org1 Sent: Thursday, April 21, 2011 4:42 PM To: tds-legals Subject: Legal Notice - PH 05/12/2011 Housing Element PLEASE PUBLISH THE FOLLOWING: NOTICE OF PUBLIC HEARING To Consider a Request by the City of Palm Desert for Approval of a General Plan Amendment to Update the Housing Element of the 2004 General Plan and Approve a Negative Declaration of Environmental Impact for the Amendment. TWICE IN THE DESERTSUN Thursday, April 28, 2011 Thursday, May 5, 2011 If you have any questions or require additional information, please call me. Have a nice Easter weekend, Charlene! Records Technician City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 (760) 346-0611 Ext. 354 &rnartinez citsofp�dlmdesert RESOLUTION NO.2011-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT TO ADOPT THE UPDATE OF THE HOUSING ELEMENT OF THE GENERAL PLAN AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT RELATING TO THE HOUSING ELEMENT UPDATE. CASE NO: GPA 11-089 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of April, 2011, hold a duly noticed public hearing to consider the update of the Housing Element, and recommended approval to the City Council of the above noted; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 12tn day of May, 2011, hold a duly noticed public hearing to consider the update of the Housing Element of the General Plan; 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. 10-26, the Director of Community Development has determined that the project has required an Environmental Assessment resulting in a Negative Declaration, and the Planning Commission recommended approval of the Negative Declaration in substantially the form as shown in Exhibit "A"; 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 adoption of the Housing Element Update of the General Plan: Findings for Approval: 1. The proposed Housing Element Update is in the public interest and there will be a community benefit, insofar as the proposed Housing Element facilitates the development of housing for all residents of Palm Desert. Development of housing for residents of all income levels will also reduce the vehicle miles traveled in the city, which will improve the regional air quality and reduce wear and tear on public streets and infrastructure, all of which is in the public interest. 2. The proposed Housing Element update is consistent with the goals and policies of the General Plan, insofar as it is consistent with the other elements of the General Plan, and implements policies and programs directly relating to residential land uses. 3. The proposed Housing Element Update does not conflict with provisions of the Zoning Ordinance, insofar as the required rezoning of certain parcels will be RESOLUTION NO. 2011-34 consistent with existing zoning districts and standards. As is specifically described in the Housing Element update, specific other clauses in the Zoning Ordinance will be revised to enhance the effectiveness of the Housing Element. NOW, THEREFORE, BE IT RESOLVED 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 the City Council does hereby approve GPA 11-089. 3. That a Negative Declaration of Environmental Impact (Exhibit A attached hereto), is hereby certified. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 12th day of May, 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California K JEAN M. BENSON, Mayor RESOLUTION NO. 2011-34 EXHIBIT "A" NEGATIVE DECLARATION Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. APPLICANT/PROJECT SPONSOR: City of Palm Desert 73-510 Fred Waring Drive PROJECT DESCRIPTION/LOCATION: Negative Declaration of Environmental Impact regarding the approval of the update of the Housing Element of the General Plan, in conformance with State requirements. 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 the document supporting the findings. LAURI AYLAIAN DATE Director of Community Development 3 Terra Nova/City of Palm Desert Housing Element Update CITY OF PALM DESERT CEQA Environmental Checklist 1 Project title: Housing Element Update, Case Number 11-089. CEQA Lead agency name and address: City of Palm Desert 2' 75-510 Fred Waring Drive Palm Desert, CA 92260 Contact persons and phone number: City of Palm Desert 3' Lauri Aylaian; Community Development Director (760) 346-0611 4. Project location: City-wide Project sponsor's name and address: City of Palm Desert 5' 75-510 Fred Waring Drive Palm Desert, CA 92260 6. General Plan Designation: Various 7. Zoning: Various Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation.) The City is required to periodically update its Housing Element, based on a schedule established by the State of California. The current Housing Element planning cycle is for the 2006-2014 planning period. The Housing Element is used by the City's decision makers to guide the development of housing for all economic segments of the community, with a particular focus on lower income households and special needs households, such as the disabled. The Housing Element contains all the required components mandated by the State. The Housing Element Update contains new policies and programs required to assure 8. that the City has sufficient lands available to accommodate its Regional Housing Needs Allocation (the number of units estimated by the State to be needed to accommodate growth in the City from 2006 through 2014). Although the policy direction of the Housing Element is generally consistent with the previously approved Element, the new policies and programs will require further action on the part of the City, including changes to the Zoning Ordinance text and map. The City has prepared a Housing Element Update, and submitted it to the Department of Housing and Community Development for review. The Department has indicated that the Housing Element, as currently drafted, conforms with the requirements of State law. Surrounding land uses/zoning and setting: ' 9. Not applicable. The Housing Element applies to all lands throughout the City. } 'I'crra Nova/City of Palm Desert Housing Element Update Other public agencies whose approval is or may be required (e.g., permits, financing approval, or participation agreement.) 10. None. Summary of CEQA Findings The adoption of the Housing Element Update will have no impact on the environment. It is not possible to determine where or how vacant lands will develop for housing in the future. The City will, however, review each project proposed in the future under the requirements of CEQA, and impose mitigation measures as necessary to address the specific impacts of individual projects and particular sites Purpose of this Initial Study This Initial Study has been prepared in conformance with Section 15063 and other applicable sections of the CEQA Guidelines, to determine if the project, as proposed, may have a significant effect upon the environment. Based upon the findings contained within this report, the Initial Study will be used in support of the preparation of a Negative Declaration. -2- I Terra Nova,/City of Palm Desert Housing Element Update ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Im act" as indicated b the checklist on the follow' Q Aesthetics Agriculture Resources m a es. Air Quality Biological Resources Cultural Resources Geology/Soils Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance DETERMINATION: (To be completed by the bend Auenvy) On the hncic of th;c / 111CL1 V Y U1ll Ul1V11. X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date -3- Terra Nova/City of Palm Desert Housing Element Update EVALUATION OF ENVIRONTNIENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level 5) Earlier analyses may be used where, pursuant to the tiring, program EIR or EIS, or other CEQA or NEPA process, an effect has been adequately analyzed in an earlier EIR or EIS or negative declaration or FONSI. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance -4- Terra Nova/City of Palm Desert Housing Element Update Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic X buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and X its surroundings? d) Create a new source of substantial light or glare, which would adversely X affect day or nighttime views in the area? ,�...._.. a. 1 Mill Leselt vCnerai rian ana LIK; calm Desert Zoning Ordinance, 2004; Housing Element Update. The Housing Element Update will have no impact on aesthetics. The development of housing units consistent with the policies and programs of the Housing Element will be evaluated by the City as projects are proposed. Generally, the scenic viewsheds in the City include the San Jacinto Mountains to the west and south of the City, and the Little San Bernardino Mountains to the far north. However, the City's Zoning Ordinance limits building heights in the residential zones, and other development standards, including minimum open space requirements, will be applied to all future projects. The Housing Element will have no impact on light and glare. As with scenic resources described above, the development of new housing projects will generate light from architectural and landscaping lighting, and from vehicle trips at night. The potential impacts of these projects will be reviewed under CEQA as they are proposed. The City will also enforce its lighting standards, which limit the potential for light spillage and significant increases in light levels in the community. These projects will construct interior streets for local access, which will experience limited light levels from vehicles traveling within each project. As the future housing projects are expected to be accessed from the City's existing street grid, it is not expected that the light levels associated with future vehicle trips will significantly change current lighting on existing streets. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -5- Terra NovaXity of Palm Desert Housing Element Update Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide X Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agri- X cultural use, or a Williamson Act contract? c) Involve other changes in the existing X environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Sources: Palm Desert General Plan and EIR. The adoption of the Housing Element will have no impact on agricultural resources. There are no agriculturally designated lands within or adjacent to the City. The City is surrounded by urban and suburban areas which do not support agriculture. There are no Williamson Act contracts within the City, nor does the General Plan include any agricultural designations. The constriction of housing units to implement the Housing Element is not expected to have any impact on agricultural resources. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -6- Terra Nova/City of Palm Desert Housing Element Update Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct implement- X ation of the applicable air quality plan? b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non -attain- ment under an applicable federal or state ambient air quality standard (including re -leasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to X substantial pollutant concentrations? e) Create objectionable odors affecting a X substantial number of people? f) Generate greenhouse gas emissions either directly or indirectly, that may have a significant impact on the X environment`? g) Conflict with an applicable plan, policy or regulation adopted for the X purpose of reducing the emissions of _greenhouse gases? Sources: Palm Desert General Plan and Environmental Impact Report; South Coast Air Quality Management District CEQA Handbook, 1993; Coachella Valley State Implementation Plan for PMlo, 2007 Air Quality Management Plan; Housing Element Update. The adoption of the Housing Element Update will have no impact on air quality or greenhouse gas emissions. The construction of housing projects implementing the Housing Element will be reviewed individually by the City as they are proposed. At that time, the City will conduct CEQA analysis specific dA - Terra Nova/City of Palm Desert Housin-, Element Update to each project, to determine that project's impacts on air quality and greenhouse gas emissions. The Current and anticipated changes in vehicle combustion technologies, and in Building Code requirements continue to reduce air emissions from vehicles and from new constriction. In addition, the City has implemented an Environmental Sustainability Plan, which includes policies and programs that reduce emissions of greenhouse gases from new projects. It is therefore expected that standards implemented by the City will reduce air quality impacts associated with housing projects in the future. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -8- Terra Nova/City of Palm Desert Housing Element Update Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any X riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? -9- Terra Nova/City of Palm Desert Housima Element Update Sources: Palm Desert General Plan and Environmental Impact Report; Riverside County General Plan and Environmental Impact Report; and Coachella Valley Multiple Species Habitat Conservation Plan and EIR/EIS, 2007. The Housing Element will have no impact on biological resources. As the lands designated for housing are proposed for development, the City will undertake CEQA review to determine whether site specific surveys are required. In addition, the City is a party to the Coachella Valley Multiple Species Habitat Conservation Plan, and actively participates in that Plan. The Plan identifies most of the species of concern in the region, and which species are covered by the Plan. None of the lands identified for housing in the Housing Element are within Plan conservation areas. All the lands are within the mitigation fee area, and projects will be required to pay the fees at the time they are constructed. There are no wetlands or riparian habitats identified on lands designated for housing. The City will enforce the requirements of the Migratory Bird Treaty Act as regards migratory bird nesting areas. The City's participation in the Multiple Species Habitat Conservation Plan will assure that future projects are consistent with the Plan. Mitigation Measures None required Mitigation Monitoring and Report None required -10- Terra Nova/City of Palm Desert Housing Element Update Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in X the significance of a historical resource as defined in 15064.5? b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to 15064.5? c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? d) Disturb any human remains, including X those interred outside of formal cemeteries? Sources: Palm Desert General Plan and Environmental Impact Report; Riverside County General Plan and Environmental Impact Report. The Housing Element will have no impact on historic, archaeological or paleontological resources. The eventual development of housing projects on currently vacant lands will be evaluated under CEQA as lands are proposed for development. The City's General Plan includes identification of areas of high and low susceptibility for cultural resources. Should a project be located in an area of high susceptibility, the land will be surveyed consistent with existing City standards. The implementation of these requirements will assure that future developments' impacts on cultural resources are less than significant. Lands in the City are generally not likely to contain paleontological resources, as the alluvium that forms the top layer of soil is of too young an age to be compatible for such resources. There are no known cemeteries or burial sites within the City. In addition, should the grading for a project in the future uncover human remains, the City will adhere to State law, which requires that work stop, that the coroner examine the remains, and that he or she contact local Tribes if such remains are judged to be Native American. This existing State law will assure that impacts to human remains will be less than significant when future projects are developed. Mitigation Measures None required. E Terra Nova/City of Palm Desert Housing Element Update Mitigation Monitoring and Reporting None required. -12- I Terra Nova/City ol' Palm Desert Housink Element Undate VI. GEOLOGY AND SOILS — Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact a) Expose people or structures to poten- X tial substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii) Strong seismic ground shaking? X iii) Seismic -related ground failure, X including liquefaction? iv) Landslides? X b) Result in substantial soil erosion or X the loss of topsoil? d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code, creating substantial risks to life or property? e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? ��...,. = ul..l "%,3%AL ul­­i riau anu r.nvironmental impact xeport; "Soils Survey of Riverside County, California, Coachella Valley Area," U.S. Soil Conservation Service, September 1980. The adoption of the Housing Element will have no impact on seismic hazards or soils. There are no Alquist Priolo Earthquake Fault zones in the City. All areas of the City, however, will be subject to strong ground shaking in the event of a major earthquake on the San Andreas or San Jacinto faults, which occur to the north and south of the City, respectively. The future development of housing projects -13- Terra Nova/City of Palm Desert Housing Element Update will be reviewed individually by the City when projects are proposed. The City will require the implementation of strict seismic building standards suitable for seismic zones for all future buildings. Similarly, the City requires the submittal of site -specific soil surveys for all projects when building plans are submitted. These surveys will analyze the potential for settlement, expansion and erosion, and will include implementation measures which reduce any potential impacts. The City also implements the standards of the NPDES, which addresses soil erosion due to water; and the CVAG dust management program, which addresses soil erosion associated with wind. These standard practices will assure that impacts associated with soils are minimized. Mitigation Measures None required Mitigation Monitoring and Reporting None required. NEE Terra Nov,,Xity of Palm Desert Housing Element Update Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would the project: a) Create a significant hazard to the public or the environment through the routine transport, X use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably X foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, X substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled X pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been X adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the area? f) For a project within the vicinity of a private airstrip, would the project result in a safety X hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response X or evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland X fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Sources: Palm Desert General Plan and Environmental Impact Report. -15- Terra Nova/City of Palm Desert Housing Element Update The adoption of the Housing Element will have no impact on hazards or hazardous materials. As new housing projects are proposed, the City will review their potential impacts in conformance with CEQA. However, the eventual development of housing projects in the City will result in the storage of only small amounts of chemicals and cleaning products in individual homes. The City's solid waste disposal contractor implements household hazardous waste programs to assure the proper disposal of these materials. The sites proposed for future housing do not occur on sites known to have had hazardous waste dumps, or sites listed by the State for such purpose. Individual sites will be assessed as development is proposed. The development of housing will not result in a hazard to a school, although a number of schools occur in the City. The housing does not constitute a hazardous land use, and as stated above, only small quantities of cleaning products will be stored in individual homes. The closest airport to the City is located on its eastern boundary, in the community of Bermuda Dunes. The City complies with the requirements of the County Airport Commission, and should a residential project be proposed within a hazard zone, as identified in the Bermuda Dunes Airport Land Use Plan, the development will be regulated through that plan. All future projects are expected to occur on the City's existing street grid, and will be reviewed by the City Engineer and Fire Department to assure that they do not interfere with emergency response plans. In addition, the Fire Department and City Engineer will review interior street layouts to assure that all areas of the project are accessible in an emergency. Lands designated for housing are located on the Valley floor, and do not occur in areas subject to wildland fires. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. M Terra Nova/City of Palm Desert Housing Element Update Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge requirements'? X b) Substantially deplete groundwater supplies or interfere substantially with X groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which _permits have been ranted)? c) Substantially alter the existing drainage pattern of the site or area, including X through the alteration of the course of a stream or river, in a manner resulting in substantial erosion/siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including X through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on - or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or X planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Place housing within a 100-year flood hazard area as mapped on a federal Flood X Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? g) Place within a 100-year flood hazard area structures, which would impede or X redirect flood flows? vvu1qk.c3. 1 all,l iJGJG1L kicnei-ai rlan and DR. -17- Terra Nova/City of Palm Desert Housing Element Update Adoption of the Housing Element will have no impact on hydrology or water resources. The eventual development of housing projects will be reviewed by the City under CEQA, to determine whether impacts will occur, and whether mitigation measures are necessary. However, the City is served by the Coachella Valley Water District for domestic water and wastewater treatment. It is expected that all future multi -family housing, and all but certain infill lots for single family homes, will be connected to sanitary sewer service. The District complies with or exceeds water quality standards at all its facilities, and will continue to maintain these facilities. As regards water quality of surface waters, the City requires that all applicants comply with NPDES standards, which include storm water protection during both construction and operation of a project. These requirements will be applied to all future housing projects. The City requires that new development retain the equivalent of the 100 year storm on site. As future projects are proposed, these standards will be applied. In limited cases, new projects could occur adjacent to the Whitewater River, an intermittent stream which flows from Palm Springs to the west to the Salton Sea to the east. Projects occurring in these areas may be allowed to discharge storm flows into the River. If this is allowed, in addition to NPDES standards, project proponents will be required to comply with US Army Corps and California Department of Fish and Game standards, which include standards for the protection of surface waters from pollutants. Future development projects will occur on vacant lands, or to a limited extent will involve the rehabilitation of existing units. No structures will be constructed in a flood zone, or will homes occur in such a zone, without first modifying the flood area to remove it from the 100 year storm boundary. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. - l 8- Terra Nova/City of Palm Desert Housing Element Update Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? X b) Conflict with any applicable land use plan, policy, or regulation of an agency X with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community X conservation plan? Sources: Palm Desert General Plan, and Palm Desert Zoning Ordinance. The adoption of the Housing Element will have no impact on an existing community. As previously stated, the development of housing in the future will occur on lands currently vacant. The Element also includes policies and programs allowing for the rehabilitation of existing units. When existing units are purchased by the City for rehabilitation, it is expected that the City would purchase all the units within that apartment complex and rehabilitate them all. As a result, the rehabilitation program will not divide an existing apartment complex. The Housing Element was reviewed for consistency with the General Plan, and is consistent. The adoption of the Element is a requirement of law, and therefore represents a beneficial impact as it relates to the General Plan. The Element includes requirements for changes of zone on certain properties. The impacts of these changes of zone will be evaluated under CEQA as they are brought forward for consideration by the Planning Commission and City Council. As State law requires that zoning be consistent with the General Plan, it is expected that these changes will also represent a beneficial impact. As stated under Biological Resources, the City participates in the Coachella Valley Multiple Species Habitat Conservation Plan, and will implement its requirements for all future projects. Mitigation Measures No mitigation measures required. Mitigation Monitoring and Reporting No mitigation monitoring or reporting required. -19- Terra Nov,Xity of Palm Desert Housing Element Update Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Y. MINERAL RESOURCES -- Would the project: X a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan`? Sources: Palm Desert General Plan and Environmental Impact Report; Mineral Land Classification: Aggregate Materials in the Palm Springs Production -Consumption Region, prepared by the California Department of Conservation Division of Mines and Geology, 1988. The adoption and implementation of the Housing Element will have no impact on mineral resources. The lands on which future housing will occur is currently designated for urban land uses, and has been for a number of years. No active mining occurs in the City, nor are any such sites proposed. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -20- E Terra NovdCity of Palm Desert Housing Element Update Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Sources: Palm Desert General Plan and EIR. Adoption of the Housing Element will have no impact on noise. The eventual development of housing projects will be reviewed by the City as individual projects are proposed. It is likely that some of these projects will occur on major arterial roadways, where noise levels are elevated. The City maintains a standard of 65 dBA CNEL for exterior living areas for residential projects. Some future housing projects may require noise attenuation, such as walls or screening, to meet these standards. These potential -21- Terra Nova/City of Palm Desert Housin, Element Update impacts will be considered for each individual site, to assure proper mitigation, if needed, under CEQA. In addition, the City requires that site -specific noise analysis be submitted with building plans, to demonstrate that interior noise levels will not exceed building code standards. This requirement will apply to every project in the future. The construction of individual projects is also likely to result in temporary construction noise. This will be analyzed by the City on an individual basis, to assure that potential impacts to adjoining homes are addressed. Construction hours and days of work are restricted by the municipal code so as to minimize impact to neighboring properties. As previously stated, the Bermuda Dunes Airport occurs immediately east of the City. Limited vacant lands are available for housing in this area. The noise contours for the airport are clearly defined, and should a project be proposed in an area where noise levels are expected to exceed City standards, project specific attenuation will be required. Mitigation Measures None required. Mitigation Monitoring and Reporting Program None required. -22- I 'Terra Nova/City of Palm Desert Housing Element Update Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth in an area, either directly (for example, X by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the X construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of X replacement housing elsewhere? Sources: Palm Desert General Plan and Draft Environmental Impact Report. The adoption of the Housing Element will have no impact on population or housing. The eventual development of housing projects could induce growth, as most lands available for housing are located in the north end of the City, in areas which are currently vacant. However, the housing facilitated by the Element is projected to be needed to accommodate natural growth in the community, not to over -build. Therefore, it is expected that this housing will only occur when a demand exists. As previously stated, development of future housing projects will occur primarily on vacant lands, which will not displace either people or housing. In the case of the rehabilitation of housing units, the City is required to implement relocation plans for low income households that are displaced, and will follow these requirements. Each project will be evaluated under CEQA to assure that no significant impacts to existing populations or housing units occur. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -23- Terra Nova/City of Palm Desert Housing Element Update Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other perform- ance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X Sources: Palm Desert General Plan and Environmental Impact Report. The adoption of the Housing Element will have no adverse impact on public services. The eventual development of individual housing projects will be considered under the requirements of CEQA as they are proposed. This analysis will include review by the police and fire departments to assure that adequate facilities exist or can be added prior to the projects' implementation. The City implements park mitigation fees, and will apply this standard requirement to new projects in the future. New projects will also be required to pay the mandated school impact fees, which are designed to mitigate the impacts of new housing units on the school system. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -24- Terra Nova/City of Palrn Desert Housing Elernent Update Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Sources: Project description/site plans; and Palm Desert General Plan and Environmental Impact Report. The adoption of the Housing Element will have no impact on recreation. As previously stated, the City requires the payment of impact fees for parks. The City's Zoning Ordinance also requires the inclusion of common area open space and recreation in all multi -family projects. These standard requirements will be applied to all future projects as they secure building permits. The adopted General Plan anticipates the growth in population associated with the Housing Element Update, and provides for two new large parks in the north end of the city where residential development will occur. These new parks will absorb the expected growth such that there is o adverse impact to the City's existing parks. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -25- 'Terra Nova/City of Palm Desert Housing, Element Update Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic, which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency X access? f) Result in inadequate parking capacity? X g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Sources: Palm Desert Zoning Ordinance, Palm Desert General Plan and EIR. The adoption of the Housing Element will have no advserse impact on traffic or circulation. As housing projects are proposed in the future, the City will consider their impact on the City's roadway grid, and require traffic impact analysis when necessary. This requirement will be implemented in addition to the CEQA review of the projects, which will also analyze potential traffic impacts. The City's General Plan and associated EIR establish City-wide levels of service, and current and projected levels of service on all major roadways. All future projects will be required to comply with these standards. It is not anticipated that any future housing project will impact air transportation. -26- Terra Nova/City of Palm Desert Housing Element Update Future projects will also be reviewed to assure that hazardous designs are not included, that emergency access is adequate, and that parking requirements are consistent with the City's zoning standards. There will be no change in air traffic patterns associated with adoption of the Housing Element update. As most future housing projects will be located on or near major roadways, it is anticipated that they will provide access to SunLine Transit facilities and services on these roadways. This will also be evaluated as individual projects are proposed. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -27- Terra Nova/City of Palm Desert Housing Element Update Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the X wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient X permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, & local X solid waste statutes and regulations? Sources: Palm Desert General rian ana urart unviumnicivai 1111pa �.. N.,��, ����•���,� . ---J - • ----- Management Plan and associated Final EIR, Coachella Valley Water District, Adopted October 2002. The adoption of the Housing Element will have no adverse impact on utilities or service systems. Future housing projects will be evaluated under CEQA to assure that sufficient water, wastewater treatment and solid waste disposal capacity is available at the time each of these projects is proposed. However, at the present time, CVWD has indicated that it has sufficient water supplies and wastewater treatment capacity to serve build out of the General Plan, and local landfills have sufficient capacity to serve the -28- Terra Nova/City of Palm Desert Housing Element Update City in the long term. As previously stated, the City contracts for solid waste management, and the contractor is required to comply with all local, State and federal regulations. The City requires that storm flows be retained on site for all new development. These facilities will be constructed by each project as it occurs, and the impacts of these facilities will be considered when the project is proposed. Mitigation Measures None required. Mitigation Monitoring and Reporting None required. -29- Terra Nova/City of Palm Desert HnusinL� Element Update Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? c) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively consider- able" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable futureprojects)? d) Does the project have environmental X effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Sources: Palm Desert Uenerai Tian ana urait, niivtruuii11CIRU 1111p t%'L %,Ful . The adoption of the Housing Element will have no significant impact on the environment. Future development proposals will be evaluated individually to determine if they create any impact on biological or cultural resources. Similarly, impacts which could affect human beings will be addressed based on site -specific conditions. The implementation of the Housing Element will result in the City's compliance with State law, and the creation of housing to meet the City's growth needs in the future, providing a significant increase in the inventory of affordable housing within the city limits. This represents beneficial short and long term goals, significant among them being a reduction in vehicle miles traveled and the associated improvement in regional air quality. -30- Terra Nov,Xity of Palm Desert Housin, Element Ur)date The construction of future housing units will be consistent with the General Plan, and will not represent significant cumulative impacts. -31- TN/City of Palm Desert General Plan/Housing Element HOUSING ELEMENT PURPOSE Providing all residents of Palm Desert with a safe and affordable residence is the ultimate goal of this Element. The Housing Element is designed to guide the City's elected and appointed officials, as well as City staff and the general public, in locating and constructing housing to accommodate all segments of the community. The City has been active in adding to its inventory of affordable housing units in the 1998-2006 planning period, and continues to strive to provide quality housing for all its residents. BACKGROUND The Housing Element works hand in hand with the Land Use Element to balance the land uses available in the City to accommodate future growth. Land use designations are designed to accommodate all types of housing, to allow for the development of single family and multi- family units to meet the needs of the City's residents, now and in the future. The Housing Element includes a description of existing housing types, condition of existing units, overcrowding, overpayment, special housing needs, and the demand for affordable housing in the City. The Element also includes an analysis of the progress made since the drafting of the last Housing Element, and projections of needs for the 2006-2014 planning period. California Law California Government Code requires that every City and County prepare a Housing Element as part of its General Plan. In addition, State law contains specific requirements for the preparation and content of Housing Elements. According to Article 10.6, Section 65580, the Legislature has found that: (1) The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order. (2) The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. (3) The provision of housing affordable to low and moderate income households requires the cooperation of all levels of government. (4) Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community. (5) The legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, enviromnental, and fiscal factors and Housing Element III-1 TN/City of Palm Desert _ General Plan/Housing Element community goals set forth in the General Plan and to cooperate with other local governments, and the state, in addressing regional housing needs. Section 65581 of the Government Code states that the intent of the Legislature in enacting these requirements is: (1) To assure that local governments recognize their responsibilities in contributing to the attainment of the State housing goal. (2) To assure that cities and counties prepare and implement housing elements which, along with federal and State programs, will move toward attainment of the State housing goal. (3) To recognize that each locality is best capable of determining what efforts are required by it to contribute to the attainment of the State housing goal as well as regional housing needs. (4) To ensure that each local government cooperates with other local governments to address regional housing needs. Government Code Section 65583 outlines the required content of all housing elements including identification and analysis of existing and projected housing needs, and a statement of goals, policies, quantified objectives, and scheduled programs for the preservation, improvement, and development of housing. Specific requirements include the following: (1) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The analysis should include population and employment trends; documentation of household characteristics; inventory of land suitable for residential development; governmental and other constraints to new housing development; analysis of any special housing needs and an assessment of existing affordable housing developments. (2) A program which sets forth a five-year schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the objectives of the housing element in order to meet the housing needs of all economic segments of the community. California law also requires that the Housing Element be consistent with the balance of the General Plan. The update of the Element was considered in the context of the balance of the General Plan, and found to be consistent. Any future amendment of any portion of the General Plan, including this element, will be analyzed to assure internal consistency. Evaluation of Existing Housing Element Policies and Programs Policy I The creation of new and the preservation of existing affordable housing projects shall be encouraged in all areas of the City. Housing Element III-2 TN/City of Palm Desert General Plan/Housing Element Program I.A The Agency shall pursue development of 162 rental and 117 ownership units west of Cook Street, between 42nd Avenue and Merle, as an affordable family project. Of the 162 rental units, 154 shall be restricted to very low income households, and 8 shall be restricted to low income households. Responsible Agency: Redevelopment Agency Schedule: 2002-2005 Evaluation: 162 rental units were developed in 2003, consisting of 73 very low income and 89 low income units. The Agency also planned the development of 27 very low and low income senior rental units at the La Rocca Villas project during the previous planning period. The Falcon Crest project will consist of 93 ownership units, 13 of which will be available to low, income owners, and 80 of which will be available for moderate income owners. Program 1.13 The Agency shall continue to implement the Self Help Housing program, and shall identify 20 households to be assisted by the program in this planning period. Responsible Agency: Redevelopment Agency Schedule: 2004-2005 Evaluation: There were six lots donated for self-help housing units to be built in the planning period, and 14 additional units are planned and will be constructed in the coming planning period. The Agency will continue to work with agencies such as Habitat . for Humanity and Coachella Valley Housing Coalition to identify additional properties where self-help units may be implemented. Program 1.0 The Agency shall continue to subsidize existing affordable housing units in the City, including apartment units it owns now and in the future. Responsible Agency: Redevelopment Agency Schedule: Ongoing Evaluation: The Agency owned 745 units at the beginning of the previous planning period. During the previous planning period, the Agency also acquired, restricted or constructed 420 additional units, including 141 units at California Villas, 48 units at Laguna Palms, 66 units at Country Village, and 30 units at Candlewood. In addition, 15 units at Villas on the Green, 31 units at Canterra, 64 units at the Enclave, 21 units at Emerald Brook and two units each at River Run One and Pacific Assisted Living were realized through density bonus provisions by third parties. Program 1.1) The Agency shall maintain the existing resale restrictions and other subsidies on the Desert Rose project. Responsible Agency: Redevelopment Agency Schedule: Ongoing Housing Element III-3 TN/City of Palm Desert General Plan/Housing Element Evaluation: The Desert Rose project continues to be a fully functioning project with income and affordability restrictions in place as they have been since its construction. There are 161 homes in the project, 24 oJ' which are owned by very low income households, 108 by low income households, and 29 by moderate income households. The Agency intends to maintain the affordability of this ownership project through the next planning period and beyond. Program LE The Agency shall maintain ownership of its 745 existing rental housing units in order to assure long term affordability for these projects. Responsible Agency: Redevelopment Agency Schedule: Ongoing Evaluation: The Agency has maintained ownership of the 745 units since the beginning of the previous planning period, and has purchased or constructed additional units. See Program 1. C., above. Policy 2 The City shall continue to strive to meet the State -mandated special shelter needs of large families, female headed households, single parent families, senior citizens, handicapped and homeless individuals and families, and shall consider including units for such households in its projects. Program 2.A The City shall continue to enforce the provisions of the Federal Fair Housing Act. Information on the Fair Housing Act, as well as methods for responding to complaints, shall continue to be available at City Hall in the Director of Housing's office. Responsible Agency: Housing Department, Redevelopment Agency Schedule: Ongoing Evaluation: The City maintains literature at City Hall relating to tenant rights and other Fair Housing Act issues as well as at each of the Agency's rental properties. The Redevelopment Agency also refers complaints to the Fair Housing Council of Riverside County. Program 2.13 The City shall work with the Senior Center and other appropriate agencies in assisting whenever possible in the housing of handicapped residents, through participation by the Redevelopment Agency. Responsible Agency: Redevelopment Agency, Senior Center Schedule: Ongoing Evaluation: The Redevelopment Agency accommodates the Americans with Disabilities Act (ADA) in all its projects, and provides for ADA accessible or adaptable units in its new projects. In addition, privately developed projects are required to meet current ADA standards. Program 2.0 The development of homeless shelters and transitional housing shall be maintained as a conditional use in the R-3 and Planned Residential districts in the Zoning Ordinance. Responsible Agency: Community Development Department Housing Element III-4 TN/City of Palm Desert,} General Plan/Housing Element Schedule: Ongoing Evaluation: The City is home to a Shelter from the Storm facility which provides 20 two - bedroom transitional units for women and their children. In addition, the City is participating in the regional homelessness program being developed through the Coachella Valley Association of Governments (see Homelessness section, below). The City's Zoning Ordinance continues to allow homeless shelters as a conditional use. Program 2.1) The City shall encourage local organizations, such as the Coachella Valley Rescue Mission, Martha's Village and Catholic Charities, to apply to the City for the assignment of CDBG funds for homeless services. Responsible Agency: City Manager's Office Schedule: 2003-04 Evaluation: The City annually receives requests from a number of organizations for assistance through the CDBG program. In the previous planning period, the City provided CDBG_funds to organizations such as the Shelter from the Storm, the Fair Housing Council and the Riverside County Department of Social Services for homeless programs. Program 2.E The City shall encourage the acquisition of existing mobile home parks by non-profit agencies or organizations, in order to preserve their affordability. Responsible Agency: Redevelopment Agency, City Manager's Office Schedule: Ongoing Evaluation: The City has not acquired mobile home parks through this program, nor have third party organizations done so. However, during the planning period the City made several efforts to preserve affordability of an existing mobile home park, including the submission of an application to the State of California Water Quality Resources Control Board ,for sewer conversion grant assistance. The application for grant assistance by the City on behalf of the Indian Springs Mobile Home Park to the State of California Water Quality Resources control board was not selected. Additionally, the City has implemented a mobile home improvement program as part of its Home Improvement Program as well as an ongoing code compliance program to assure that the quality of life within mobile home parks is maintained. This program of maintenance and improvement shall be continued in the current planning period. Policy 3 The City shall continue to utilize resale and rental restrictions, applicant screenings, and other appropriate mechanisms established as conditions of approval in order to preserve affordable for sale housing units for the long term. Housing Element III-5 TN/City of Palm Desert General Plan/Housing Element Program 3.A The City shall keep in regular contact with the Riverside County Housing Authority to ensure that Section 8 housing assistance within the City is actively pursued. At least 50 households should be assisted every year. Responsible Agency: Housing Department Schedule: Ongoing Evaluation: The number of Section 8 assisted households varies from year to year in the City, but currently totals about 129 annually. There are currently approximately 35 Section 8 households in Agency owned properties. This program will be ongoing. Program 3.13 Should the Candlewood Apartments opt -out of their HUD contract, the City shall actively participate in the identification of a potential buyer to maintain affordability for this project. The Redevelopment Agency will also assist these organizations in securing financing. Responsible Agency: Redevelopment Agency Schedule: As needed Evaluation: The Candlewood Apartments were purchased by the Redevelopment Agency during the previous planning period, and currently remain affordable to very low (23 units), low (4 units) and moderate (3 units) income senior households. This program was successfully completed and will not be extended to the current planning period. Policy 4 The Redevelopment Agency shall annually allocate funds to eligible projects for review and consideration, in conformance with its Five Year Implementation Plan. Evaluation: The Redevelopment Agency prepares its 5 year Implementation Plan on the State mandated schedule. This Plan requires that the Agency allocate funds for projects through each five year cycle. In addition, the Agency regularly reviews revenues and opportunities, and adjusts fiuture expenditures based on these opportunities. This policy is ongoing. Policy 5 The City Council shall consider, as an additional incentive, the reduction, subsidizing or deferring of development fees to facilitate the development of affordable housing. Evaluation: The City has not included the deferral or reduction of fees in past projects, but has used a variety of means, including density bonus and variations on development standards, to facilitate affordable housing production by private parties. The City Council continues to have the ability to include fee waivers or deferrals for affordable housing projects in the fiuture. Policy 6 The City shall continue to address the needs of the senior population in the development of housing. Mousing Element III-6 TN/City of Palm Desert General Plan/Housing Element Program 6.A The City shall maintain the Senior Housing Overlay District and the Second Unit Senior Housing standards in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Ongoing Evaluation: The City continues to include the Senior Overlay District and Second Unit Senior Housing standards in its Zoning Ordinance. Program 6.13 The Agency shall begin to develop plans for a senior housing project during this planning period. Responsible Agency: Redevelopment Agency, Housing Department Schedule: 2003-04 Evaluation: The Redevelopment Agency planned the La Rocca Villas project during the past planning period, which will provide 27 senior units for very low and low income households. Program 6.0 The City shall continue to encourage the development of assisted living facilities for seniors. Responsible Agency: Redevelopment Agency, Community Development Department Schedule: Ongoing Evaluation: The assisted living projects in existence in the City at the beginning of the previous planning period continue to operate in the City. Policy 7 The City shall implement the State's density bonus law. Evaluation: The City implemented the State's density bonus law during the previous planning period to assure compliance with the latest State requirements. This program is ongoing. Policy 8 The City shall encourage the rehabilitation of existing housing units. Program 8.A The Agency shall annually fund the Single Family Rehabilitation Program, and shall assist 25 households each year. Responsible Agency: Redevelopment Agency, Housing Department Schedule: 2003-04, Ongoing Evaluation: The Agency continues to operate several home improvement programs which include grants and low interest loans. Grants vary in amount from $5,000 to $20,000 depending on household income and type of improvement. Loans are available up to $45, 000 depending on household income and type of improvement. Types of improvements range from emergencies, lead and asbestos abatement, and energy efficiency upgrades as well as overall home improvement for health and safety issues. The Agency also maintains a Matching Fund grant Housing Element III-7 TN/City of Palm Desert General Plan/Housing Element program, which matches up to $5, 000 for eligible very low, low and moderate income households. No applicant has been denied due to lack of funding, and 191 households were assisted in the previous planning period. Program 8.13 The Agency shall establish and fund a multi -family residential rehabilitation program, and assist 30-40 multi -family units during the planning period. Responsible Agency: Redevelopment Agency, Housing Department Schedule: 2003-04 Evaluation: The Agency funded rehabilitation programs for Agency owned properties throughout the previous planning period. The Agency has not received or identified rehabilitation requests from private owners which could be funded through this program. As a rule, requests for assistance from privately owned apartment projects have been .for purchase of those units, rather than rehabilitation. The Agency acquired California Villas and Country Village Apartments (formerly market units) during the previous planning period, which the Agency rehabilitated and converted the units to affordable housing. California Villas was substantially rehabilitated and Country Village was undergoing a site analysis for future increased affordable opportunities. The Agency acquired Candlewood Apartments and Laguna Palms in anticipation of the expiration of affordability restrictions. Please see the Existing Housing Projects section for details on these projects. Altogether, these projects provide 285 units oJ'very low, low or moderate income housing in the City. Policy 9 The City shall maintain the Rental Subsidy Program, the Mortgage Subsidy Program and the Homebuyers Program. Evaluation: The Redevelopment Agency maintained a Rent Subsidy Program and assisted families that were overburdened in housing cost or were overcrowded to obtain suitable housing. The Redevelopment Agency has a First Time Homebuyer Program at Desert Rose and Falcon Crest, and other various location throughout the City and has assisted 207 single family homes which have been sold to 45 very low income households, 130 low income households, anry 30 moderate income households. These homes all have long term resale restrictions which assure their affordability. Policy 10 Promote the jobs/housing balance through the development of housing with convenient access to commercial land uses, schools, available public transport and employment centers. Evaluation: With adoption of the General Plan in 2004, the City established the University Park Master Plan area, which provides a broad mix of land use designations for an area encompassing 2,230 acres. The University Park is focused on the California State University campus, and includes newly developed office and retail commercial development, and areas for high density residential development. Please see the Land Inventory section below for details on the lands available for housing in this area. Housing Element III-8 TN/City of Palm Desert General Plan/Housing Element Policy 11 Encourage energy conservation through the implementation of new technologies, passive solar site planning and enforcement of building codes. Please also see the Energy and Mineral Resources Element. Evaluation: Through the Home Improvement Program, the Agency operates two programs.for very low, low and moderate income households to promote energy conservation: the Drought Tolerant Landscaping Retrofit Program, which provides loans in the amount of $7,500 at a 3% interest rate for very low, low and moderate income households to convert landscaping to drought tolerant, low water using landscaping; and the Energy Efficiency Upgrade Program, which coordinates available energy efficient conversions with the Energy Management office at the City. In addition, the City has adopted an Energy Conservation Ordinance for the construction of all projects, and includes "Green " improvements in all Agency construction projects to the greatest extent possible. This has included the installation of solar panels at Falcon Crest, La Rocca Villas and Palm Village. Housing Element III-9 TN/City of Palm Desert General Plan/Housing Element DEMOGRAPHIC INFORMATION This section provides the demographic background for the residents of Palm Desert. The information is primarily based on 2000 U. S. Census data. Where more current data is available, it has been included in addition to the Census information. REGIONAL SETTING The City of Palm Desert is located in the Coachella Valley, in eastern Riverside County. Riverside County grew from 663,923 in 1980 to 1,110,000 in 1990, an increase of 67%. By the year 2000, the U.S. Census estimated that population in the County had grown to 1,545,387. Since the completion of the Census, the Department of Finance (DOF) has annually estimated population growth. The DOF estimated that in January of 2009, Riverside County had a population of 2,107,653, an increase of 36% over the 2000 population. Historic and Current City Population Palm Desert has also experienced a rapid rate of growth. In 1990, the Census reported a population of 23,252 in the City. From 1990 to 2000, the City's population grew to 41,284, an increase of 77% in ten years, and an average annual increase of just under 6.25%. By 2009, the DOF estimated that the City's population had grown to 51,509 (including population from newly annexed areas), an increase of 24.7% in nine years. The City has grown at a rate slower than that of the County as a whole. Population by Age Group and Ethnicity_ The Coachella Valley has historically been a retirement area, and Palm Desert is no exception. The City's median age rose from 42.3 in 1990 to 48.0 in 2000. With the continuing aging of America, it is expected that this trend will continue. Table III-14 illustrates the 2000 Census estimates for population by age group. Table III-14 Age Distribution, 2000 Age Number % of Total Under 19 7,744 18.8% 20-34 6,030 14.6% 35-44 5,372 13.0% 45-64 10,728 26.0% 65+ 11,410 27.6% Total 41,284 100% Source: 2000 U.S. Census Table III-15 lists the ethnic distribution for Palm Desert in 2000. Housing Element III-10 TN/City of Palm Desert General Plan/Housing Element Table III-15 City of Palm Desert Ethnic Characteristics, 2000 Number % of Total White 35,961 87.1% Black 493 1.2% Native American 130 0.3% Asian & Pac. Islanders 1,061 2.6% Other 3,639 8.8% Total 41,284 100% Hispanic 7,031 17.0% Note: the ethnic population numbers may seem distorted because the U.S. Census does not consider Hispanic ancestry to be a race. For this reason, some Hispanics choose to list themselves under the classification for other races. Source: 2000 Census of Population and Housing Household Size and Income The City had a total of 19,370 households in 2000. By 2009, the DOF estimated that there were 23,712 households in the City. Median household income in the City in 1990 was $37,315, slightly higher than the County median income, which stood at $36,000 for the same time period. In 2000, median household income had risen to $48,316. The following Table lists the number of households in each income range in 2000. Table III-16 City Household Income Distribution, 2000 Income No. of HH % of Total Less than $10,000 1,413 6.5% 10,000-14,999 1,043 5.4% 15,000-24,999 2,128 11.0% 25,000-34,999 2,306 11.9% 35,000-49,999 3,111 16.1 % 50,00-74,999 3,715 19.2% 75,000-99,999 1,938 10.0% 100,0004149,000 1,919 9.7% $150,000-$199,999 815 4.2% $200,000 + 982 5.1 % Total 19,370 100%* Source: 2000 U.S. Census *Differences due to rounding. The Census identified 538 families living below the poverty level in Palm Desert in 2000, of which 158 were female -headed households. Of the total female -headed households, 107 had children. Housing Element III-11 TN/City of Palm Desert General Plan/Housing Element Employment and Maior Employers The Census data also provided information on employment distribution in 2000. Of a total workforce of 17,384, the largest sectors for employment were retail trade and services. Table III-17 City Employment by Industry, 2000 Industry No. of % of Total Employees Agriculture/Forest/Fish/Mining 82 0.5% Construction 1,427 8.2% Manufacturing, Durables 492 2.8% Wholesale Trade 390 2.2% Retail Trade 2,167 12.5% Transportation, warehousing & utilities 530 3.0% Information 372 2.1 % Finance, insurance & real estate 1,705 9.8% Professional, scientific, management & administration 1,806 10.4% Educational, health & social services 3,051 17.6% Arts, entertainment, recreation, accommodation & food service 3,760 21.6% Other services (except public administration 992 5.7% Public Administration 610 3.5% Total Employment by Industry 17,384 100% Source: 2000 Census Housing Characteristics The 2000 Census showed a total of 28,071 housing units in the City in 2000, while the DOF estimates that the City has 34,329 housing units in 2009, as demonstrated in Table III-18. Housing Element III-12 TN/City of Palm Desert General Plan/Housing Element Table III-18 City Housing Characteristics Units in Structure 2000* 2009** Single Family, detached 11,120 13,571 Single Family, attached 9,551 9,697 2-4 Units, Multi -family 2,463 2,541 5+ Units, Multi -family 3,738 5,208 Mobile homes 1,199 3,312 Total 28,071 34,329 *Source: 2000 US Census **Department of Finance, January 2009 estimates Age of Housing Stock The Census identified a total of 19,299 occupied housing units in 2000. Of these, 7,888 were built before 1980, while 11,411 were less than 20 years old. From 2000 to 2009, an additional 6,258 units were constructed, of which 4,321 are estimated to be occupied. Table III-19 Aye of Occuaied Housiniz Units Year Built No of Units % of Total 2000-2009 4,321 18.3% 1999-2000 372 1.6% 1995-1998 1,292 5.5% 1990-1994 2,416 10.2% 1980-1989 7,331 31.0% 1970-1979 4,343 18.4% 1960-1969 2,351 10.0% 1940-1959 1,106 4.7% Before 1940 88 0.4% Total 23,620 100% Source: 2000 U.S. Census, Deportment of Finance 2009 Vacancy Status The 2000 Census showed a total of 8,701 of the City's total 28,071 housing units to be vacant, for an overall vacancy rate of 31.2%. Correcting for seasonal or recreational units, which are considered vacant by the Census but are not available or used for permanent occupancy, the vacancy rate decreased to 6.3% in 2000. In 2009, the DOF estimates that 30.94% of the City's housing stock is vacant, which adjusted for seasonality, results in a net vacancy rate of 5.98%. The vacancy rate in the City has remained consistent during the last eight years. Housing Element I11-13 TN/City of Palm Desert General Plan/Housing Element Table 111-20 Vacancy Status — 2000 Unit Type No. of Units % of All Vacant Units For Rent 562 6.4% For Sale 351 4.0% Rented or Sold, not occupied 192 2.2% Seasonal, Recreational or Occasional Use 7,005 79.9% For Migrant Workers 0 0.0% Other Vacant 662 7.5% Total 8,772 100% Source: 2000 Census Housing Tenure Housing tenure for occupied units only in 2000 is shown in Table III-21. Table III-21 Housing Tenure — 2000 Unit No. of Units % Owner Occupied 12,964 67.2% Renter Occupied 6,335 32.8% Total 19,299 100% Source: 2000 Census Overcrowding The California Department of Housing and Community Development (HCD) establishes a standard of 1.01 persons per room as the criteria for defining "overcrowded" housing conditions. Overcrowding is one of the specifically identified issues that must be addressed in the Housing Element. Table III-22 illustrates the Census estimates for persons per room. The Table illustrates that a total of 977 housing units in Palm Desert were overcrowded in 2000, representing 5.1 % of the total occupied housing units in the City. Of the overcrowded units, 678 were renter -occupied, and 299 were owner -occupied. Housing Element III-14 TN/City of Palm Desert General Plan/Housing Flement Table III-22 Overcrowding, 2000 Persons/Room No. of HH Owner -Occupied Units 0.50 or less 10,938 0.51 to 1:00 1,727 1.01 to 1.50 180 1.51 to 2.00 87 2.01 or more 32 Renter -Occupied Units 0.50 or less 3,830 0.51 to 1.00 1,827 1.01 to 1.50 278 1.51 to 2.00 249 2.01 or more 151 Source: 2000 Census Housing Values The 2000 Census estimated values for owner -occupied single family homes in the City. These are listed in Table III-23. Table III-23 Values, Specified Owner -Occupied Housing Units, 2000. Value Number Less than $50,000 86 $50,000 to 99,999 1,056 $100,000 to 149,999 2,714 $150,000 to 199,999 1,982 $200,000 to 299,999 2,554 $300,000 to 499,999 1,743 $500,000 to 999,999 647 $1,000,000 or more 152 Source: 2000 Census The median housing unit value in 2000 was $189,100. For renters, the median contract rent at that time was $744.00. Current housing values and rental rates are further discussed below in the section titled "Economic Constraints". Housing Element 111-15 TN/City of Palm Desert General Plan/Housing Element EXISTING AFFORDABLE HOUSING PROGRAMS There are a number of projects and programs available in Palm Desert which provide a variety of services to the City's residents. In addition, regional, state and federal programs can also be accessed within the community. This section of the Housing Element provides a summary of programs available by a number of agencies. City Programs The City's affordable housing programs are provided through its Redevelopment Agency. The Agency maintains a Five Year Implementation Plan which includes an Affordable Housing Strategy & Compliance Plan. The latter provides specific allocations for assistance programs for the period from 2006 through 2014, which are briefly described below. Rental Assistance Program Owners of single-family homes, condominiums, mobile homes or apartments who rent to very low, low, and moderate income tenants may receive direct rental payment assistance from the Agency. The owner must, in exchange for the assistance, enter into a recorded agreement with the Agency assuring affordability of the rental units for 55 years. Acquisition, Rehabilitation and Resale This program allows the Agency to purchase existing market rate single family units, rehabilitate and refurbish them, and re -sell them to lower income households with affordability covenants. The Agency has completed three (3) units through this program. This program is also the funding mechanism established to repurchase single family units that are restricted as affordable in the event a qualified buyer cannot be identified prior to the expiration of the Agency's option to repurchase. The Agency opts to repurchase these units in order to maintain affordability of the unit and currently has five (5) such homes awaiting qualified buyers. Mortgage Assistance Program Very low, low, and moderate income owners of single-family homes, condominiums and mobile homes may receive assistance if their mortgage payment exceeds 30% of their income. Assistance is provided directly by the Redevelopment Agency. In exchange for the assistance, the home owner is required to enter into a recorded agreement with the Agency assuring affordability of the home for 45 years. This program is also the funding mechanism established in order to preserve Indian Springs Mobile Home Park's affordability. The City received a request from the current Owner to convert Indian Springs Mobile Home Park into a resident -owned development. The tentative Tract Map 31862 has been approved and currently the subdivision is pending DRE submission and approval. The City of Palm Desert and the Palm Desert Redevelopment Agency, will offer purchase money financing to certain extremely low, very low and low income households for the purchase of real property during the upcoming planning period. Housing Element III-16 TN/City of Palm Desert General Plan/Housing Element Homebuyers Assistance Program The Agency will provide assistance to very low, low, and moderate income persons in the form of low interest loans to be applied to down payment, non -recurring closing costs, reduction of the interest rate on the first trust deed, or any other cost associated with the purchase of a home, condominium or mobile home. There are currently 303 homes in this program. Self -Help Housing The City and Agency will assist very low, low and moderate income households in constructing and purchasing their own home on existing lots of record within the City. There are currently 17 contracts with individual households in place for such assistance during this planning period, and funding has been allocated throughout the planning period. During the previous planning period, the Agency also set aside 14 lots for a future self-help development along Merle Drive, and in 2009 completed a Request for Proposals (RFP) for development. No responses were received for the RFP. Staff will revise the RFP to include assistance to the homebuyers for their down payment or closing costs and re -advertise the opportunity. Home Improvement Program The Agency assists very low, low and moderate income households with home repairs by providing grants and low interest loans to program participants. The program has eight (8) components: • The Emergency Grant Component allows up to $7,500 for very low and $5,000 for low income households for emergency repairs to their homes. • The Rehabilitation Grant Component will grant up to $20,000 for home improvements to very low income households. • The Matching Fund Grant Component will match up to $5,000 in home improvements with a homeowner who contributes the same amount or more to the improvements. This grant is available to very low and low income households. • The Rehabilitation Loan Component allows up to $35,000 for active loans and $45,000 for a deferred loan for home improvements to low and moderate income households, respectively. • The Drought Tolerant Landscape Retrofit Loan Component allows up to $7,500 in improvements that intend to reduce the consumption of a natural resource for very low, low and moderate income households. • The Make a Difference Volunteer Assistance Component organizes community involvement through volunteers for very low, low and moderate income households. • The Acquisition, Rehabilitation, Resale Component allows the Agency to acquire properties available on the market for the purpose of rehabilitation and resale to a qualified household. • The Lead and Asbestos Abatement Component will grant $7,500 to remove lead and asbestos from the homes of very low and low income households. Housing Element III-17 TN/City ot'Palm Desert General Plan/Housing Element County and Federal Programs There are numerous programs available to provide rental assistance and to encourage the construction of new affordable housing. The following programs are available in the City of Palm Desert: Section 8 Housing Assistance The Riverside County Housing Authority provides HUD Section 8 rental assistance to lower income renters within the City. The Authority annually subsidizes approximately 50 households in the City. Fair Housing Programs The City works with the County of Riverside Fair Housing Chapter to provide anti- discrimination, landlord -tenant mediation, fair housing training and technical assistance, enforcement of housing rights, administrative hearings, home buyer workshops, lead -based paint programs, and other housing related services for City residents. AFFORDABLE HOUSING DEVELOPMENTS The City of Palm Desert Redevelopment Agency purchased 8 housing complexes in 1998 to provide a wide range of housing for lower income residents. Since that time, an additional 7 complexes have either been acquired or constructed by the Agency in the City. Each of these complexes is described below. Agency Owned Family Apartments One Quail Place provides 384 one and two -bedroom apartments available to lower income ranges. There are 279 very low, 81 low, and 18 moderate income households currently living in the complex. Desert Pointe is a 64 one and two -bedroom unit project which currently houses 51 very low- income households, 6 low-income households, and 2 moderate income households. Neighbors Garden Apartments has a total of 24 two -bedroom units, 21 of which are rented by very low-income households, 1 of which are low-income tenants, and 1 is rented to moderate income tenants. Taos Palms provides 16 two -bedroom units to 6 very low, 9 low and 1 moderate -income households. California Villas is a 141 unit project which provides one bedroom units to 107 very low, 16 low and 9 moderate income households. The complex was acquired in March 2003. Laguna Palms provides 48 units which include 4 studios, 16 one bedroom and 28 two bedroom units to 39 very low income, 7 low income and l moderate income tenants. The complex was acquired in July 2003. Housing Element III-18 TN/City of Palm Desert- General Plan/Housing Element Country Village Apartments was acquired as a 66 studio property and converted to provide 72 senior units, of which 30 are occupied by very low income households, 30 by low income households, and 12 by moderate income households. The complex was acquired in September 2005. Sagecrest Apartments is a 15 unit project which provides two bedroom units to 5 very low, 9 low and 1 moderate income households. The property was acquired in February 2008. Agency Owned Senior Apartments The Pueblos originally provided 15 units. In 2008 the Agency acquired an adjacent property and combined the complexes for a total of 18 one -bedroom, 1 three bedroom unit for a total of 19 units to 15 very low, 3 low and 1 moderate income senior households. Catalina Gardens provides 72 studio and one -bedroom apartments to 62 very low, 6 low, and 3 moderate income senior households. Las Serenas Apartments has 150 one -bedroom units rented to 121 very low-income, 17 low- income, and 6 moderate -income seniors. Candlewaood Apartments provides a total of 30 one and two bedroom units to 26 very low, 3 low and 1 moderate income senior households. Affordable Units Built in the 2006-2014 Planning Period Palm Village Apartments provides 36 two bedroom units for 29 very low, 5 low and 2 moderate income household. The project consists of new construction, and was completed in November 2007. La Rocca Villas provides 27 one bedroom units for 21 very low and 6 low income senior households. The project was newly constructed, and opened in November of 2007. Affordable Ownership Projects Desert Rose, a 161 unit single-family project, was developed in 1996. The units are restricted for a period of 30 years to purchasers in the very low, low, and moderate -income categories. The project includes 25 very low income, 100 low-income and 36 moderate -income households. Facilities within the project include community recreation and daycare. The Rebecca Road and San Marino Homes were part of the Acquisition Rehabilitation Resale program. Three single-family homes were rehabilitation and resold with resale restrictions for low and moderate income households. Housing Element III-19 TN/City of Palm Desert :. General Plan/Housing Element Coachella Vallev Housing Coalition constructed a total of 11 self-help homes restricted to very low and low income households, that purchased the homes through low interest loans and sweat - equity programs. Habitat for Humanity constructed 6 single-family homes, which are restricted to very low- income households, that were purchased through low interest loans and sweat -equity programs. Building Horizons homes were built as part of a vocational high school program, and provide 2 single-family homes for low-income households, with 30-year resale restrictions. Falcon Crest provides 93 single family homes for 13 low and 80 moderate income households. The project includes resale restrictions for a 45 year time period. Portola Palms Mobile Home Park includes 23 mobile homeowners, 16 of which are very low income, and 7 of which are low income. The project includes resale restrictions for 30 years. Other Affordable Projects The Regent (formerly Sevilla or San Tropez) Apartments has 512 one and two -bedroom units, 103 of which must be restricted to low income households, in exchange for participation in the City's Density Bonus Program. The balance of the units are available to market households. Hovley Gardens is a private project which received Agency assistance and tax credits, and constructed 162 two, three and four bedroom rental units available to very low and low income households. The project was completed in 2003. Canterra, which consists of a total of 306 units, includes 31 units affordable to very low and low income tenants. The units were created through the City's density bonus program. The Agency hopes to double the number of affordable units within this project during this planning period (please see the policies and programs below). Villas on the Green, which consists of a total of 76 units, includes 15 studio and one bedroom units for persons over 55 years of age in the very low, low and moderate income categories. The units were created through the City's density bonus program. The Enclave, which consists of a total of 320 units, includes 64 one, two, and three bedroom units reserved for very low, low and moderate income households. The units were created through the City's density bonus program. The Vineyards, which consists of a total of 260 units, includes 52 one and two bedroom units reserved for for very low, low and moderate income households. The units were created through the City's density bonus program and the Agency has an option to purchase affordability of an additional 51 units in the future. Housing Element III-20 TN/City of Palm Desert General Plan/Housing Element The City has also conditioned projects to provide affordable units within otherwise unrestricted projects, resulting in a total of 27 additional units affordable to very low, low and moderate income households throughout the City. Summary of Affordable Housing Developments The Agency owns and operates 1,111 multi -family housing units, and 481 units are owned and operated by third parties. There are an additional 303 ownership units for very low, low and moderate income households. CONSTRAINTS TO THE DEVELOPMENT OF HOUSING This section of the Housing Element analyzes the governmental, environmental, physical and economic constraints associated with the development of housing. These constraints can take many forms, but generally increase the cost of providing housing, which can have a potentially significant impact on affordable housing development. Governmental Constraints Pen -nit Processin- Palm Desert has historically provided expeditious processing for planning entitlements. The City encourages the concurrent processing of applications, and can complete the entitlement process on most projects in three to six months, depending on the approving body and the complexity of the application. The City requires tract map review and approval for all single family home tracts and a precise plan for multi -family projects, both of which can be processed concurrently with any other permit that might be required. For either, the review process is a simple analysis that assures that the project's design meets the requirements of the zone in which it occurs. Applications, when complete, are circulated to other City departments for comments. The project will then be reviewed by the Architectural Review Committee, and approved by the Planning Commission. Public notice and mailings are made 10 days prior to a public hearing. The findings needed for approval of either a tract map or precise plan pertain to the project's consistency with State law; the General Plan and Zoning Ordinance; public health and safety; and the site's physical ability to accommodate the project. The average processing time for a typical application is 4 to 6 months, which is generally consistent with most Valley cities, and does not represent a constraint. Individual single family homes do not require a public hearing, and are approved by the Planning Department as part of the usual building plan checking process. The City's processes are not a constraint to the provision of affordable housing. Application Fees According to the Rose Institute of State and Local Government at Claremont McKenna College, in their study published in March 2008, Palm Desert's planning application and permit fees are the lowest of the Coachella Valley cities, and do not represent a constraint on the provision of affordable housing. Table III-24, below, illustrates typical permit fees. For example, total typical Housing Element 11I-21 1 TN/City of Palm Desert General Plan/Housing Element fees per unit for a 60 unit subdivision are estimated at approximately $24,893 per unit, most of which (77%) are impact fees which are not controlled by the City. For example, combined, school district and TUMF fees ($10,262) represent 41 percent of the total typical fees for a hypothetical 60 unit subdivision. The majority of the remaining impact fees are attributed to water and sewer service which comprises approximately 26% of the total typical fees. The Rose Institute study does not specifically address multifamily development fees. However, the fees over which the local city has control, with one exception, are based upon building size or valuation, which means that they are the same for multifamily dwelling units as they are for single family homes. Hence, in all but one area, Palm Desert has the lowest fees in the Coachella Valley for multifamily development. For the remaining development fee -- engineering -- Palm Desert ranks right in the middle, with four Coachella Valley cities charging less, while Riverside County and three Valley cities charge more. Therefore, the planning application and permit fees for developing multifamily housing in Palm Desert are competitive with -- or lower than -- other Valley cities, and these fees do not pose a constraint to development of affordable housing in Palm Desert. Table III-24 Citv of Palm Desert Fees Planning Fees Fee General Plan Amendment/Change of Zone 1,230.00 Architectural Review (single family) 168.00 Conditional Use Permit or Precise Plan 2,915.00 Environmental Assessment 158.00 Tentative Tract Map 2,915.00 Parcel Map 950.00 Total Tvnical Fees Fee Type 60 Unit Subdivision 35 Unit Subdivision Building Permits $309,975 $180,818 Impact Fees $1,153,596 $677,649 Environmental Fees $214 $214 Engineering $27,429 $16,854 Planning $2,348 $2,348 Total $1,493,562 $877,884 Total per Unit $24,893 $25,082 Source: City of Palm Desert, 2008; Rose Institute of State and Local Government at Claremont McKenna College, March 2008 * See Appendix B for a complete listing of typical fees and City comparison General Plan and Zoning Ordinance Constraints The residential districts of the Land Use Element allow a broad range of densities for all types of development. The Low Density Residential category allows 0 to 4 units per acre; the Medium Density Residential designation allows 4 to 10 units per acre; and the High Density Residential designation allows 10 to 22 units per acre. The Land Use designations also include a High Housing Element II1-22 TN/City of Palm Desert General Plan/Housing Element Density Overlay, which was specially created for University Park. This overlay has been placed on all land designated Medium Density Residential in the University Park area. This overlay allows these lands to be developed at High Density Residential densities. The City's Zoning designations parallel the General Plan, and include R-1, which allows up to 5 units per acre; the R-2 zone which allows up to 10 units per acre; R-3, which allows 17 units per acre; and the PR zone, which allows up to 25 units per acre for affordable housing projects. The Zoning Ordinance also includes density bonus provisions, the second unit standards, and a Senior Housing Overlay, which allows maximum flexibility in density because no density limit is specified, and each project is evaluated on its merits. The development standards in the Zoning Ordinance are also not restrictive, as shown in Table III-25, below. Table III-25 Minimum Development Standards for Residential Zones Standard R-1 R-2 R-3 PR Units per Acre 5 10 17 18-22 Lot Area 8,000 sq. ft. 8,000 sq. Ft. 10,000 sq. Ft. 2,500 s.f. Lot Width 70 feet 70 feet 90 feet 250 feet* Lot Depth n/a 100 feet 100 feet n/a Building Lot Coverage 35% 50% 50% 40% Common Area N/A N/A 300 s.f./unit 40% Building Height 1 story/18 feet 22 feet 22 feet 24 feet Parking Required 2 spaces/unit l bdrm I space/unit 1 space/unit 1 space/unit 2 or more bdrms 2 spaces/unit 2 spaces/unit 2 spaces/unit source: City of Pahn Desert Zoning Ordinance Lot width for project, not per unit. The City's development standards allow for two story development typical of all desert cities. Common area requirements in the R-3 and PR zones are also typical of desert cities, and allow for clustering of units to allow for common area amenities. Even with imposition of the City's development standards, and assuming a unit size of 1,000 square feet, with two parking spaces per unit and 40% open space, densities in excess of 22 units per acre could be achieved. The City's development standards are not a constraint on the development of housing. Infrastructure Requirements Most of the City is served by General Plan roads, water and sanitary sewer facilities. Individual development projects are required to connect to water and sewer facilities, and are also required to improve roadways in and adjacent to the project. Adjacent roadways must be improved to their ultimate half width, and include curb, gutter and sidewalk. Roadway standards for local or neighborhood streets that allow parking on both sides must have a paved width of 40 feet. The City will also allow deviations to these standards, including the narrowing of streets if on -street parking is restricted. Housing Element III-23 TN/City of Palm Desert ; General Plan/Housing Element Pursuant to SB 1087, the Coachella Valley Water District will be provided the adopted Housing Element, and will be required to establish specific procedures to grant priority service to affordable projects. As water and sewer services are installed in most neighborhoods in the City, the City's water and sewer provider, the Coachella Valley Water District, will not be constrained in providing services in the City. The Coachella Valley Water District has an approved Urban Water Management Plan, which was developed based on the City's General Plan build out, which states that they have sufficient supplies available to meet the City's built out dernands. The District's Cook Street Plant, which provides sanitary sewer treatment for the City, has a current capacity of 9.5 millions gallons per day, and in 2010 processed approximately 5 million gallons per day. The District therefore has more than enough capacity to treat wastewater generated by the City in the future, including sufficient capacity to accommodate the regional housing need. Public Works Fees Table III-26 depicts the City's Public Works fees, which include those fees associated with site preparation and infrastructure. Table III-26 Public Works Fees Grading Plan Check (per plan) $775.00 1" 3 acres $310/acre ea. add. acre Subdivision Plan Check $1,550 up to 8 lots; $78/lot each add. SWPPP/NPDES Plan Check $137.00/acre PM10 Plan $258.00 Street Improvement Plan Check $1,500.0011000 LF Storm Drain Plan Check $1,290.00/ 1000 LF Signing and Striping Plan Check $882.00 Traffic Signal Plan Check $1,176.00 Faithful Performance Bonds 100% of Public Improvements Labor & materials '/z FPB 25% of Grading Signalization Impact Fee $50.00/unit Drainage Impact Fee $1,000-$1,500/ac. (based on location) MSHCP Fee 8-14 d.u./acre $533 14+ d.u./acre $235 WQMP Fee $2,000 deposit Because individual projects vary greatly, it is not possible to determine an average cost per unit based on Public Works fees, however, the limited impact fees charged by the City make it one of the less costly in the Coachella Valley in which to develop. These fees are not a constraint on the development of affordable housing. Building Code Requirements As with most communities in California, the City has adopted the California Building Code (CBC), and updates the Code periodically as State-wide updates are developed. Currently (2010), the City is enforcing the provisions of the 2007 CBC. The City cannot adopt standards Housing Element III-24 TN/City of Palm Desert General Plan/Housing Element that are less stringent than the CBC. The only local amendments made by the City are administrative, and relate to the timing of payment of fees. These amendments have no impact on the provision of affordable housing. Since all communities in the State enforce similar provisions, the City's CBC requirements are not an undue constraint on the development of affordable housing. Building Permit Fees The Building Department charges on a per square foot basis for building permit plan checks and inspections. For single family homes, the architectural and structural charge is $0.33 per square foot for plan check, and $1.10 per square foot for inspection. For multi -family residential units, the architectural and structural plan check fee is $0.28 per square foot for projects less than 15,000 square feet, and $0.25 per square foot for project of more than 15,000 square feet. Inspection fees are $0.35 per square foot for the smaller projects, and $0.29 per square foot for the larger projects. In all cases, whether single family or multi -family, additional charges apply for plumbing and electrical inspections. In addition to the City's fees, residential developers are responsible for the payment of the State mandated school fees, as well as connection and/or metering fees for public utilities. These fees vary somewhat from one provider to the next, but since many of the utilities in the Coachella Valley serve all the cities, the fees are consistent throughout the area. Policy 6 of this Housing Element allows the City Council to waive fees for affordable housing projects on a case by case basis. Code compliance for structural deficiencies or maintenance problems is processed as follows: A phone call and/or a site visit is made to inspect the reported problem and discuss correction of deficiencies with the owner. In most instances, this is sufficient to cause the violation to be corrected by the property owner. If the violation is not corrected, a notice is sent to the owner, giving the owner 20 days to correct the violation. The City has the ability to directly abate a violation, if the owner is unwilling or cannot be located. All costs associated with abatement are billed to the property owner. If the owner is unwilling to pay, a lien is placed on the property. These procedures are typical of those employed by most cities in California, and do not place an un-due constraint on the development or maintenance of housing. Economic Constraints Economic constraints are those associated with the cost of land and construction, and the ability to finance any housing, ranging from single family homes to larger apartment or condominium projects. The cost of land varies somewhat from City to City in the Coachella Valley, but the cost of construction, and the ability of homes and projects to financed, is regional in nature. Land and Housing Costs During the recent economic boom, land costs rose significantly throughout California. The cost of land has the potential to impact the overall cost of housing. Finished lots in Palm Desert can cost from $50,000 to over $200,000, depending primarily on location. Infill lots in the southern portion of the City are most difficult to find, as the City's core is mostly built out. Housing Element III-2 5 TN/City of Palm Desert General Plan/Housing Element The median cost of existing single family homes in Palm Desert has been significantly affected by the current economic downturn, standing at $253,519 for new homes, and $307,232 for existing homes in the second quarter of 2009. The median price of new homes in the second quarter of 2007 was $420,000 for new homes, and $454,064 for existing homes. Therefore, home prices have dropped 36% in two years. The 2000 Census identified that the median rental rate in the City in 2000 was $735. In order to update this information to current (2010) conditions, representative rental rates for non - subsidized apartments were collected, and are provided in Table III-27, below. Table III-27 Representative Apartment Market Rental Rates in Palm Desert, 2010 Project Name Unit Size Market Rental Rate The Regent 1 & 2 Bdrm $845-$1,450 Desert Fountains Studio & 1 Bdrm $720-$899 Desert Oasis Studio, 1, 2 & 3 Bdrm $630-$1,479 The Enclave 1, 2 & 3 Bdrm $990-$1,580 The Vineyards 1 2 & 3 Bdrm $925-$1,750 Royal Palms 2 Bdrm $895 Construction Costs Construction costs have been similarly affected by current economic conditions. Single family construction costs range from $95 to over $200 per square foot (excluding site improvements), varying based on the size of the home and the materials selected. Multi -family construction costs generally range from $90 to $150 per square foot. Financinm Costs The cost of financing can also impact the development community's ability to fund projects. The current mortgage crisis has made single family loans extremely difficult to secure. Although this condition is not expected to continue through the entire planning period, the duration of the current economic downturn could impact the ability of developers to fund and construct affordable housing in the City. Physical Constraints Age of HousingStock tock The City's housing stock is relatively new. As shown in Table III-19, above, 7,888 existing housing units in the City are over 30 years old, representing 34% of the housing stock. Maintenance in the City is not a significant issue, however, and the Redevelopment Agency has programs in place to assist lower income households with home repairs and improvements. Condition of HousingStock tock The Code Enforcement Department responded to 68 complaints or inquiries for dangerous buildings in 2009. This is reflective of the number of units requiring rehabilitation. In addition, as described in the Evaluation section above, 191 households were assisted through the City's Rehabilitation Program in the period from 1998 to 2005, or an average of 23 units annually. Housing Element III-26 TN/City of Palm Desert General Plan/Housing Element Environmental Constraints The City is identified as Zone III and IV in the Uniform Building Code for seismic activity. The UBC imposes certain standards for construction in these zones, which may add to the overall costs of housing. These standards, however, are necessary for the public health and safety, and are common throughout the Coachella Valley and California. None of the proposed sites occur on lands designated as Alquist Priolo Earthquake Fault Zones by the State. There are no active faults on any of the sites proposed for development of affordable housing units in the City. The standards required to protect the City's residents from seismic hazards are not considered a constraint to the provision of housing. There are no other environmental constraints to the development of housing. Energy Conservation In addition to the requirements of Title 24 of the Building Code, the City has enacted additional energy efficiency requirements, water conserving landscaping requirements, and has a number of energy conservation programs for residents. Although the cost of installation of energy efficient, "green" or similar products in a home or apartment may increase the initial cost, the affordable housing providers who participated in the City's workshops for this Housing Element clearly indicated that the cost differential was becoming smaller as technologies improved; and that the long term benefit to the home owners or renters was worth the added initial expense. These developers, and the City's Redevelopment Agency, implement energy conserving construction to the greatest extent possible in their projects. Housing Element III-27 TN/City of Palm Desert General Plan/Housing Element HOUSING NEEDS SPECIAL HOUSING NEEDS This section of the Housing Element quantifies households with special needs such as farmworkers, the homeless and the elderly living in the City. These households can have housing needs which may be more difficult to address, and which require special attention. Farm Workers In 2000, there were 22 persons employed in "farming, fishing, and forestry" in the City, down from over 200 in 1990. The City's continued urbanization has eliminated farming activities in the City. Agricultural activities are focused on the east end of the Coachella Valley. As such Palm Desert is not an employment center for agriculture. Homeless The Riverside County Department of Public Social Services completed a homeless count in 2009 for all cities in the County. That effort identified 38 homeless persons in Palm Desert. A number of organizations provide services to the homeless throughout the Coachella Valley. In addition, Shelter From the Storm, which operates battered women's shelters in several cities in the Valley, operated a transitional facility in the City for 20 women and their children. The City is also participating in the Coachella Valley Association of Governments' (CVAG) Homelessness Strategic Plan, which has established a regional shelter for 125 homeless persons. The shelter will also provide a central location for service providers to assist with transportation, health care, mental health services, child care, and other social services. The Strategic Plan also includes goals to establish 225 emergency shelter beds (doubling the current size), 225 transitional housing units, 200 supportive housing units and 200 rental units in the western Coachella Valley by 2010. The City permits homeless shelters as Conditional Uses in the R-2 and PRD Zones. This is no longer consistent with state law, and a program has been added which requires amendment of the Zoning Ordinance to allow homeless shelters by right in the Industrial zone. There are 168 acres of serviced, vacant land in this zone in the City, ranging in size from 1 to 20 acres. The Industrial zone is appropriate for such facilities because these lands are located on transit lines, near commercial and school sites, and in areas where other governmental services are available. Similarly, the City's Zoning Ordinance does not define or include single room occupancy facilities or transitional housing, and the program includes the modifications required to assure compliance with the law. The Elderly In 2000, the City had 11,339 persons over the age of 65, representing 27.6% of the population. These seniors were in a total of 7,356 households. The Census further indicated that there were 6,176 owner -occupied senior housing units, and 1,661 renter -occupied housing units. There are six senior apartment projects in the City which are owned by the Agency, providing 308 units for very low, low and moderate income senior households. Nursing care facilities in Housing Element III-28 TN/City of Palm Desert General Plan/Housing Element the City include the Carlotta, with 192 beds; Manorcare Health Services, with 178 beds; and Monterey Palms, with 99 beds. Persons with Disabilities The 2000 Census identified 7,833 persons in the City with disabilities, of which 3,505 were persons over the age of 65. The California Building Code requires that all new multi -family construction include a percentage of units accessible to persons with disabilities. The City of Palm Desert Building Department requires compliance with these standards as part of the Building Permit review and inspection process. The City's affordable housing projects include units for persons with disabilities. The City adheres to State guidelines regarding handicapped access, and promotes the use of principles of architectural design that aid the disabled. The Americans with Disabilities Act requires all new multi -family construction to include a percentage of units be accessible to persons with disabilities. The City monitors and requires compliance with these standards as part of the building permit review, issuance, and inspection process. The City imposes no special requirements or prohibitions on the development of housing for persons with disabilities, beyond the requirements of the Americans with Disabilities Act. There is no concentration restriction for residential care homes. State and federal law does not permit the City to regulate group homes of 6 or fewer residents. Group homes of 7 or more residents are permitted, with approval of a conditional use permit, in the R3 zone. To increase the opportunities for group homes of 7 or more, the City will amend its Zoning Ordinance to allow them also in the R-1 and R-2 zones. In addition, the City's definition of "family," however, is inconsistent with current federal definitions. Program 5.13 commits the City to amending the Zoning Ordinance to allow large group homes in the R-1 and R-2 zones (in addition to the R-3 zone) and revise the definition to be consistent with federal standards. Extremely Low Income Households Extremely Low Income Households are those which earn less than 30% of the median income in a region. These households require assistance for decent housing. Currently (2010), there are more than 35% of the units within the City -owned affordable housing portfolio which are occupied by extremely low income households. The City has made an extraordinary effort to accommodate the needs of these households, and will continue to do so in this planning period. Large Families The 2000 Census indicates there were 1,052 households with five or more persons in the City. The Census further indicated that 589 of these households lived in owner -occupied housing units, and 463 lived in renter occupied housing units. The Census also identified a total of 1,879 housing units with 4 or more bedrooms. The stakeholders' workshop conducted in February 2008 in preparation for this Housing Element update revealed that local affordable housing providers, including the Coachella Valley Housing Coalition, are finding that the need for larger units, although not eliminated, has been reduced in recent years. A drop in the number of children per family, and an attitudinal change in multi - generational living were theorized to be the reasons for the lower demand for these units. Housing Element I11-29 TN/City of Palm Desert General Plan/Housing Fle►nent Single -Parent Families 1,165 single -parent families resided in the City in 2000, 328 of which were composed of a male head of household, and 837 of which had a female head of household. Affordable Units at Risk The Regent Palm Desert apartments, formerly the Sevilla or Saint Tropez apartments, located at 73373 Country Club Drive, include 103 units restricted to low income households. The project is not age -restricted. This project, privately owned, is at risk of eliminating the affordability restrictions in 2016. The project received a density bonus in exchange for affordability covenants. The City has been in discussion with the owner of the project, and will make every effort to assure the long term affordability of these 103 units. Maintenance of the at -risk housing units as affordable will depend largely on market conditions, the status of HUD renewals of Section 8 contracts, and the attractiveness of financial incentives, if warranted. The cost to replace the 103 units will vary based on the timing of replacement and the economic conditions in the region. The Building Industry Association estimates that new multiple -family projects cost $125 to $130 per square foot. Using the average square footages of 1,000 square feet, the building replacement cost would be $13.4 million dollars. Perhaps the most effective means for preserving affordable units at risk of conversion to market rates units would be the transfer of ownership. A nonprofit housing corporation could purchase the project, rehabilitate it using Low Income Housing Tax Credits, and then extend the affordability controls. The City could, if desired, facilitate this effort through a reduction in building permit fees, impact fees, or other indirect assistance. Riverside County Income Limits Income limits for affordability are established annually on a regional basis by the Department of Housing and Community Development. Table III-28 provides the current (2009) income limits applicable in Palm Desert. The median household income for a family of four in 2009 is $64,500. Housing Element I11-30 TN/City of Palm Desert General Plan/Housing Element t Table I11-28 Riverside Countv Housiniz Program Income Limits 2009 Number of Persons in Family Income Category 1 2 3 4 Extremely Low $14,000 $16,000 $18,000 $20,000 Very low $23,300 $26,650 $29,950 $33,300 Low $37,300 $42,650 $47,950 $53,300 Moderate $54,200 $61,900 $69,650 $77,400 Median $45,150 $51,600 $58,050 $64,500 Source: HUD and HCD 2009 Households Overpaying for Housing When a household pays more than 30% of its income toward its housing expenses, it is considered to be over -paying. The 2000 CHAS Databook identifies the following households overpaying for housing: Table III-29 Overnavment by Income Level 2000 Household Type Low Income Very Low Income Extremely Low Income Total Renter Occupied 1,305 804 943 Elderly renters 335 380 295 Small family renters 360 237 188 Large family renters 85 57 35 All Other 525 130 425 Total Owner Occupied 1.330 720 750 Elderly owners 805 440 415 Small family owners 200 90 145 Large family owners 105 35 55 All Other 220 155 135 The Databook further indicates that in 2000, 40.4% of renters were paying more than 30% of their household income for housing, and 33.5% of owners were paying more than 30% of their household income for housing. Affordability of Housing In order to determine the level of affordability for market housing in Palm Desert, a comparison of for -sale and for -rent market housing was undertaken. Table I11-30 illustrates that the moderate income household of 4 in Palm Desert is able to find rental housing well within its ability to pay, but falls $83 per month short in being able to afford to purchase a median priced home. The Table demonstrates that both rental and purchase units are affordable to moderate income households in the City. Housing Element 11I-31 A I TN/City of Palm Desert ` General Plan/Housing Element Table III-30 Affordability of Housing 2010 Type of Housing Cost Ownership Rental Median Single Family Purchase Price $280,000 N/A Median Mortgage Costs (PITI) $1,400 N/A Rental Rate N/A $1,150 30% of Moderate Household Income $1,613 $1,613 Affordability Gap $213 $463 Regional Housing Needs Allocation The State and Southern California Association of Governments develop housing allocations for each Housing Element planning period. For the 2006-2014 planning period, Palm Desert's share of the Regional Housing Needs Allocation (RHNA) is: Table III-31 RHNA by Income Category, 2006-2014 Units Extremely Low 553 Very Low Income 552 Low Income 759 Moderate Income 847 Above Moderate Income 1,875 Total Units Needed 4,586 Quantified Objectives Table 1II-32 uantifled Objectives Matrix, LUUb-LU14 Income Category Extremely Very Low Low Moderate High Total Low New Construction 553 552 759 847 1,875 4,586 Rehabilitation* 50 50 100 150 0 350 Conservation 10 1 10 1 20 1 20 0 60 *Includes 350 market units to be purchased, rehabilitated, and converted to allordable housing units by the Keaevetopmeni housing Element III-32 TN/City of Palm Desert General Plan/Housing Element LAND INVENTORY Since preparation of the 1998-2006 Housing Element, State law has changed to require specific analysis, on a parcel level basis, of lands available for the development of housing in the City. The City's Regional Housing Needs Assessment for 2006-2014 estimates that a total of 4,586 housing units will be built in the City. Of these, 1,875 are expected to be constructed for those of above moderate income, and 847 for moderate income households. These units are expected to be market -driven, and constructed in the single family homes traditionally built in the City. The remaining 1,864 housing units are to be provided for those of extremely low, very low, and low incomes. Land in the southern portion of the City is mostly built out, with only infill development opportunities available at higher densities. The Land Use Element includes the University Park area, which is designed to accommodate this higher density. Table I11-33 lists the available vacant lands in the City by Assessor's Parcel Number, provides the size of each parcel, and the potential number of units that could be developed on that parcel. It must be noted that the General Plan land use designations applied in 2004 have not been reflected to the Zoning Map. As a result, parcels shown in the Table as PC (Planned Commercial), are designated Medium Density/High Density Overlay in the General Plan, and will require Zoning Map amendments. The requirement for Zoning Map amendments is provided in the policies and programs of this Element. With the completion of the General Plan Amendments and/or Zone Changes provided in this Element, the City will have sufficient land to accommodate its RHNA requirements for the planning period. Lands provided in the inventory have been calculated at a density of 15 to 20 units per acre. It is planned that the properties to be re -zoned will be changed to Planned Residential, or its equivalent, which allows up to 22 units per acre. Assuming an average unit size of 1,000 square feet, 28 units per acre can be achieved with 2 story buildings, which is the current height limit in the PR zone. This also assumes common area open space in compliance with Zoning requirements, and surface parking. As this zone allows building coverage of 40%, there is more than sufficient space to accommodate the density assumed in the inventory. Further, the density assumptions are conservative compared to typically built densities in each of the zones. For example, recent projects in the R-2 and R-3 zones were built at 25 to 28 units per acre. The vacant lands in the northern section of the City where most of the City's affordable housing need is proposed to be met are for sale in the range of $170,000 to $340,000 per acre. At a density of 15 units per acre, land costs are therefore expected to be between $11,350 and $22,650 per unit. Three recently completed affordable housing projects in Palm Desert had construction costs ranging from $136,450 to $211,150 per unit. Therefore, total construction cost in Palm Desert at a typical density of 15 units per acre will range from $147,800 to 233,800 per unit. Projects in this cost range can be funded, when including HOME funds, tax credit funds or other programs, and built at a density of 15 units per acre. Most importantly, the affordable housing community has indicated that projects above this range are not marketable, insofar as more dense projects cannot be built and include the amenities and common areas that make a project a liveable community for the families who are looking for rental units. The Coachella Valley Housing Element III-33 TN/City of Palm Desert General Plan/Housing Element Housing Coalition and Palm Desert Development, who attended the City's workshops, clearly stated that they will not plan projects at densities over 16 units per acre, since the higher densities do not allow them to create communities that they can lease, because they cannot provide the services and amenities that create a healthy living environment. Housing Element III-34 New Ap TN/City of Palm Desert General Plan/Housing Element Table 111-33 1nvPntnry of Availahla Vim. -+ i .,.. 4 Assessor's Parcel No. General^ TPlan/Zone R-M, R-HO/PC* Size (Acres) 10.21 Potential Units 176 694-130-017 D 694-130-021 G R-M, R-HO/PC* R-M, R-HO/PC* MU/PC* 24.16 3.48 15 of29.36 200 72 160 694-130-018 D �-D 694-200-014 (J) R-M, R-HO, MU/PC* R-M, R-HO/PR-5 11.46 33.71 194 235 694-130-012 E 694-130-003 F R-M, R-HO/PC* 18.92 302 685-010-005A C-R/PC* 30 432 1 & 005 B C-R/PR-5 35 520694-310-00 4 6920-012 C I-BP/PC* 10 200 627-273-018 R-M/R-3 0.3 7 627-273-005 R-M/R-3 0.3 7 62 5-171-001 R-M/R-3 0.3 7 627-121-044 R-H/R-3 0.25 6 627-121-045 R-H/R-3 0.25 6 627-301-022 R-H/R-3 0.31 7 627-153-007 R-H/R-3 R-M/OP* 0.22 1.64 5 22 627-101-033, -038, -039, -002, -017 627-041-010 through 013, -29, 031 - 033 I�-IL R-M/OP* and R-2 1.20 19 627-051-002 R-M/R-2 0.16 2 627-031-030 RM/R-2 0.17 2 627-052-006 R-M/R-2 0.17 2 627-052-031 R-M/R-2 0.16 2 627-052-033 R-M/R-2 0.16 2 627-084-001 R-M/R-2 0.22 2 627-084-003 R-M/R-2 0.19 2 62 7-182-004 R-M/R-1 0.20 1 627-182-005 R-H/R-1 0.20 1 627-182-006 R-H/R-1 0.17 1 627-351-042 R-M/R-2 0.20F2,6 627-351-019 R-M/R-1 0.17 625-224-001 R-M/R-1 0.19 62 5-126-009 R-H/R-3 0.14 625-061-018 R-M/R-1 0.15 625-021-008 R-M/R-1 0.19 62 5-031-011 R-M/R-1 2.20 62 5-03 2-011 R-M/R-1 0.21 624-241-008 R-M/R-1 0.12 Total Units Requires re -zoning. Property esignate ice o essiona or a ium ensrty esientiaHigh Density Overlay in General Plan As shown in the inventory, approximately 2,605 units could be constructed on lands which are currently available for multiple family residential development. In addition to the vacant lands included above, the Redevelopment Agency currently has commitments for an additional 103 Housing Element III-35 TN/City of Palm Desert General Plan/Housing Element units at the Vineyards project, located at the northwest corner of Frank Sinatra Drive and Cook Street, as well as 21 additional units at Emerald Brook, located on the north side of Frank Sinatra Drive, west of El Dorado; and 31 units at the existing Canterra project; and has produced 88 units between June of 2006 and June of 2008, in this planning period (see Existing Housing Projects, below). The City therefore has capacity to accommodate 2,848 units, and a RHNA need of 1864 units for low, very low and extremely low income households. The City therefore has capacity for 984 units more than its RHNA need in these income categories. Specifically, the following units, their status in the planning and/or construction process, and the anticipated financing, if known, are described below (these descriptions match the units described in Programs LA, LB and 1.C): • 31 units at Canterra Phase II: The project is approved, and a Development Agreement is in place with a private developer. That developer will secure funding. The project is inactive due to economic conditions. • 21 units at Emerald Brook: The project developer has secured entitlements. The developer will secure funding. The project is inactive due to economic conditions. • 200 units at Dinah Shore and Portola: The property is owned by the Redevelopment Agency. The Agency will consider Agency funding, or a partnership with a private developer or non-profit organization in the development of the site. • 72 units at Carlos Ortega Villas: The property is Agency owned. The Agency is currently undertaking project design. The project will be Agency funded. • 16 units at Sagecrest Apartments: The property is Agency owned. The Agency will demolish the existing market rate project and rebuild with Agency funds. • 520 units that will include single family for -sale and multi -family for rent units at Gerald Ford Drive and Portola: The property is owned by the Redevelopment Agency. The Agency will consider Agency funding, or a partnership with a private developer or non- profit organization in the development of the site. • an additional 51 units at the Vineyards: The units are built market rate apartments. The Agency has an agreement with the developer to purchase affordability covenants • 432 units at Key Largo: The property is privately owned. The developer may request Agency funding for a part of the project. The project is inactive due to economic conditions. • 194 units at Frank Sinatra and Cook Street: The property is privately owned. The property owner will secure financing. The project is inactive due to economic conditions. • Approximately 302 units at Dinah Shore and 35`h Avenue (southeast corner): The property is privately owned. The property owner will secure financing. The project is inactive due to economic conditions. • 52 units at Frank Sinatra and Cook Street ("The Vineyards" / northwest corner): The project is complete and occupied (2010). As many of these sites are larger, Program LG has been provided to encourage the subdivision of these sites to facilitate multi -family development. Finally, the Redevelopment Agency continues to identify and purchase existing market rate apartment projects for conversion to affordable housing units (See Redevelopment Agency Housing Element 1II-36 TN/City of Palm Desert General Plan/Housing Element Funding section, below), and anticipates the purchase and conversion of 350 units during this planning period. Therefore, this Element identifies available lands or commitments and existing projects totaling 3,095 units or more, which is more than sufficient to accommodate the very low and low income units assigned to the City in the RHNA for 2006-2014. Housing Element III-37 TN/City of Palm Desert General Plan/Housing Element REDEVELOPMENT AGENCY FUNDING In order to achieve the units identified in the RHNA, and assure that the lands shown in the Table II1-33 are developed, Redevelopment Agency participation will be necessary. As part of this Housing Element update, the Agency prepared projections of revenue and expenses for the period from 2006 through 2014. The Agency receives approximately $16 million annually in housing set aside funds. The projections are provided in Table III-34, below The projects shown in the Table reflect the City's current Implementation Plan allocations for the short term. The estimates shown for 2011 through 2014 are estimates based on projected revenues, and may change based on actual revenues and Agency Board allocations and priorities, and upon the specific projects submitted for consideration. Programs include: Acquisition, Rehab & Resale, Home Improvement Program, Home Buyer Assistance Program, Rental Assistance Program, Self Help Housing, Mortgage Assistance Program, Multi -Family Assistance Program, and Costs to Maintain Affordability. Housing Element III-38 TN/City of Palm Desert General Plan/Housing Element "Table 1I1-34 Ra�io ol. .,♦ A----., c.._ae CASH BONDS Revenue Expenditures Revenue Expenditures Beginning Balance 21,004,163 4 405 871 2006 11,055,874 Programs(l) 1,028,012 Capital Improvements'-'1 6,804,853 3,899,330 Acquisitions(l) 4,614,027 Owner Assisted Subsidies14) 2007 16,740,186 49,231,539 Programs l ) 279,610 Capital Improvements(') 3,662,650 8,960,064 Acquisitions(3) 5,153,978 Owner Assisted Subsidies(4) 809,559 2008 25,559,485 Programs(l) 139,141 Capital Improvements(2) 19,664,349 7,488,269 Acquisitions(3) - 1,667,148 Owner Assisted Subsidies(4) 2,418,442 2009 9,126,762 Programs( l ) 338,272 Capital Improvements(') 2,507,613 3,261,281 Acquisitions(3) 2,403,369 Owner Assisted Subsidies(') 2010 (10,813,184) Programs") 2,219,033 Capital Improvements(2) 803,971 Acquisitions(3) Owner Assisted Subsidies(4) 2011 7,017,367 Programs") 2,703,701 Capital Improvements(') 950,000 20,000,000 Acquisitions(3) 1,844,631 Owner Assisted Subsidies(4) 16,233,941 Housing Element III-39 TN/City of Palm Desert General Plan/Housing Element 2012 4,644,299 40,000,000 Programs( 1 ) 911,000 Capital Improvements(') 6,000,000 40,000,000 Acquisitions(3) 2,000,000 Owner Assisted Subsidies(4) 2,500,000 2013 4,867,268 Programs") 1,158,030 Capital Improvements(2) 4,500,000 Acquisitions(3) 2,000,000 Owner Assisted Subsidies(4) 2,500,000 2014 13,690,637 Programs i ) 1,179,593 Capital Improvements('') 5,262,587 Acquisitions(3) 2,000,000 Owner Assisted Subsidies(4) 5,000,000 TOTALS (ALL YEARS) 102,892,857 101,229,044 93,637,410 93,637,410 Ending Balance 1,663 813 0 Notes: 1. Includes: Program 1D, Program 2A, Program 213, Program 3A, Program 3B, Program 3C, and Program 3E. 2. Includes: Program IA. 3. Includes: Program 3D. 4. Includes: Program 1 B and Program I C. 5. Adjusted for deferral of Housing Set -Aside Deposit to cover SERAF obligation. Loan to Agency due 6/30/2015. *$40MM Bond issuance and subsequent project depends on viability of bond market. Housing Element III-40 TN/City of Palm Desert ' General Plan/Housing Element PUBLIC PARTICIPATION The City held two community workshops at the beginning of the update process in February of 2008. These workshops were directed toward stakeholders and community members. The participants in these workshops expressed concerns about the need for social services in association with affordable housing, and the changes in the household types — toward smaller households in need of smaller housing units. These comments shaped the policies and programs in this Element. The City advertised the Housing Element workshop in the display advertising section of the newspaper, and mailed notices to the Coachella Valley Housing Coalition, Riverside County Housing Authority, Habitat for Humanity, and similar organizations. Several City Council and Planning Commission workshops were held to review the revisions to the Element, and the goals, policies and programs. The City will continue to advertise Housing Element hearings in the Desert Sun, and send notices to local affordable housing developers such as Palm Desert Development and the Coachella Valley Housing Coalition. Finally, public hearings were held before the Planning Commission and City Council for the adoption of the Element, in , 2011. Housing Element I11-41 TN/City of Palm Desert__ General Plan/Housing Element GOALS, POLICIES AND PROGRAMS Goal 1 A variety of housing types that meet all of the housing needs for all income groups within the City. Goal 2 The preservation and maintenance of the high quality of the City's affordable housing supply. Policy 1 New affordable housing projects shall be encouraged in all areas of the City. Special attention will be made to distributing the units so that large concentrations of affordable housing in any one area are avoided. Program LA The Agency shall implement the following affordable housing projects for extremely low, very low, low and moderate income households during the planning period: • 31 units at Canterra Phase I1 • 21 units at Emerald Brook • 200 units at Dinah Shore and Portola • 72 units at Carlos Ortega Villas • 16 units at Sagecrest Apartments Responsible Agency: Redevelopment Agency Schedule: 2010-2014 Program 1.13 The Agency shall pursue the planning and implementation of the following projects for extremely low, very low, low and moderate income households during the planning period: • 520 units that will include single family for -sale and multi -family for rent units at Gerald Ford Drive and Portola • an additional 51 units at the Vineyards Responsible Agency: Redevelopment Agency Schedule: 2010-2014 Program 1.0 The City shall encourage and facilitate the development by private parties of the following projects for extremely low, very low, low and moderate income units: • 432 units at Key Largo • 194 units at Frank Sinatra and Cook Street • Approximately 302 units at Dinah Shore and 351h Avenue (southeast corner) • 52 units at Frank Sinatra and Cook Street ("The Vineyards" / northwest corner) Housing Element III-42 TN/City of Palm Desert General Plan/Housing Element The City shall annually contact the owners/developers of these lands and review with them the City and Agency incentives, and financing options available through the Redevelopment Agency, State and federal loan and grant programs, and local non-profit agencies to assure that all potential financial mechanisms are being considered for the project(s). Responsible Agency: Redevelopment Agency Schedule: 2010-2014 Program 1.1) The Agency shall continue to implement the Self Help Housing program, and shall identify 15 households to be assisted by the program in this planning period. Responsible Agency: Redevelopment Agency Schedule: 2006-2014 Program LE The City shall maintain its inventory of sites zoned for PR-7 and R-3, and shall encourage the incorporation of extremely low, very low, low and moderate income housing units into these projects as they are brought forward. Responsible Agency: Planning Department Schedule: Ongoing as project applications are submitted Program 1.F In order to assure that sufficient lands are available for affordable housing projects described in Programs LA and 1.13, the City shall undertake or shall process private party Changes of Zone on the following parcels to provide zoning that is consistent with the General Plan and supportive of residential uses. Where necessary, General Plan amendments will also be undertaken: • The east side of Monterey, at the western City limits • 20 acres of land at the southeast corner of Gerald Ford and Portola • 10 acres of land at the northeast corner of Dinah Shore and Portola • 19.6 acres of land at the southwest corner of University Park Drive and Cook 34 acres of land at the southwest corner of 35`h Avenue and Dinah Shore 19 acres of land at the southeast corner of 35"' Avenue and Dinah Shore • The south side of Fred Waring Drive on the east side of San Pablo Avenue and on the west side of San Pablo north of Santa Rosa. Responsible Agency: Planning Department Schedule: 2011 Program 1.G The City will encourage further land divisions resulting in parcel sizes that facilitate multifamily development affordable to lower income households in light of state, federal and local financing programs (i.e. 50-100 units) as development proposals are brought forward. The City will also, as part of the rezoning process or other outreach by 2012, meet with property owners to discuss incentives available for land divisions (e.g., 2-5 acres) encouraging the development of housing affordable to lower income households. The City will offer incentives for land division encouraging the development of affordable housing including, but not limited to: Housing Element 1I1-43 TN/City of Palm Desert General Plan/Housing Element • priority to processing subdivision maps that include affordable housing units, • expedited review for the subdivision of larger sites into buildable lots where the development application can be found consistent with the Specific Plan, • financial assistance (based on availability of federal, state, local foundations, and private housing funds). Responsible Agency: Planning Department Schedule: Outreach by 2012, and 2011-2014 Program 1.H Properties described in Program 11 will be designated R-3 pursuant to Government Code Section 65583.2 (h) and (i) and permit a minimum of 16 units per site at a minimum density of 20 units per acre. At least 50% of the need will be accommodated on sites allowing exclusively residential uses by right. The City's zoning standards currently permit multifamily uses without a CUP or other discretionary permit. Responsible Agency: Planning Department Schedule: 2011-2012 Policy 2 The City shall encourage the rehabilitation of existing housing units through a variety of programs. Program 2.A The Agency shall annually fund an Acquisition, Rehabilitation, and Resale Program for 10 blighted homes each year. Responsible Agency: Redevelopment Agency Schedule: 2009-14 Program 2.B The Agency shall annually fund the Single Family Rehabilitation Program and Housing Improvement Program, for 20 households each year. Responsible Agency: Redevelopment Agency Schedule: 2009-2010, Ongoing Program 2.0 The Agency shall pursue and utilize Neighborhood Stabilization Program (NSP) funding to the greatest extent possible, and shall use that funding to assist homeowners in the purchase and rehabilitation of blighted single family homes for up to four homes per NSP funding cycle. Responsible Agency: Redevelopment Agency Schedule: 2009-14 Policy3 The City shall preserve existing affordable housing units. Housing Element III-44 TN/City of Palm Desert General Plan/Housing Element Program 3.A The Agency shall continue to subsidize existing affordable housing units in the City, including apartment units it owns now and in the future. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program 3.13 The Agency shall maintain the existing resale restrictions and other subsidies on its 303 ownership units. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program IC The Agency shall maintain ownership of its 1,111 existing rental housing units in order to assure long term affordability for these projects. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program ID The Agency shall continue its program of acquiring market rate apartment projects for rehabilitation and conversion to affordable units, with the goal of converting 350 through the planning period. Efforts shall be focused on blighted properties in Palma Village, Redevelopment Project Area 4, and south of Highway 111 between Portola Avenue and Deep Canyon Road. Responsible Agency: Redevelopment Agency Schedule: 2006-2014 Program 3.E The City shall encourage the preservation of existing mobile home parks by non-profit agencies or organizations, in order to preserve their affordability. The City will directly contact CVHC, DACE and others should a mobile home park be put up for sale, and assist through pen -nit streamlining in its sale, if possible. Responsible Agency: Redevelopment Agency, City Manager's Office Schedule: Ongoing Program IF The Agency shall coordinate between affordable housing developers and social service agencies when new projects are developed to encourage the integration of services such as child care, job training, vocational education, and similar programs into new affordable housing projects through direct contact with both parties. For on -site child care, the Agency shall consider allocation of the City's Childcare Mitigation Fee to new projects which provide the service. Responsible Agency: Redevelopment Agency, City Manager's Office, Community Development Department Schedule: Ongoing I lousing Element III-45 TN/City of Palm Desert General Plan/Housing Element Policy 4 The City shall continue to strive to meet the State -mandated special shelter needs of large families, female headed households, single parent families, senior citizens, and disabled individuals and families, and shall consider including units for such households in its projects. Program 4.A The City shall continue to enforce the provisions of the Federal Fair Housing Act. The City shall continue its referral program to the County Fair Housing Office, and shall maintain information at City Hall and the Agency's affordable housing complexes. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program 4.B The City shall work with the Senior Center and other appropriate agencies in assisting whenever possible in the housing of disabled residents, through participation by the Redevelopment Agency. Responsible Agency: Redevelopment Agency, Senior Center Schedule: Ongoing Program 4.0 The City shall meet with non-profit developers and other stakeholders annually, beginning in 2011, to establish and implement a strategy to continue to provide housing affordable to extremely low-income households. The City shall also consider prioritizing local financial resources and applying for State and federal funding specifically targeted for the development of housing affordable to extremely low-income households, such as CDBG, HOME, Local Housing Trust Fund program and Proposition 1-C funds. The City shall continue to consider incentives, such as increased densities, modifications to development standards, priority processing and fee deferrals as part of the financing package for projects which include extremely low income units. Responsible Agency: Redevelopment Agency Schedule: 2011, Annually thereafter Policy 5 The City shall strive to provide shelter for the homeless. Program 5.A The City shall continue to work with CVAG on a regional solution for homelessness, including the Multi -Service Center in North Palm Springs, and the beds and services it will provide. (See discussion on page 28 regarding CVAG's program) Responsible Agency: City Manager's Office, City Council Schedule: 2008-2014 Housing Element II1-46 TN/City of Palm Desert General Plan/Housing Element Program 5.13 The City shall amend the Zoning Ordinance as follows: a. Allow emergency shelters by right in the Industrial zone and only subject to the same development and management standards that apply to other allowed uses within the Industrial zone. Approval shall be through a non -discretionary design review process. b. Transitional and supportive housing shall be subject to only those restrictions that apply to other residential uses of the same type in the same zone c. Define Single Room Occupancy facilities. d. Amend the definition of "Family" to be consistent with current federal standards. e. Allow group homes of 7 or more in the R-1 and R-2 zones, in addition to the R-3 zone. E Allow Single Room Occupancy facilities in the Industrial zone, subject to approval of a conditional use permit. The Zoning Ordinance shall be clarified to state that handicapped ramps are permitted in the front, side or rear yard setback of any residential structure. A reasonable accommodation procedure shall be established to provide exception in zoning and land use for persons with disabilities. Responsible Agency: Community Development Department Schedule: 2011 Program 5.0 The City shall encourage local organizations, such as the Coachella Valley Rescue Mission, Martha's Village and Catholic Charities, to apply to the City for the assignment of CDBG funds for homeless services. Responsible Agency: City Manager's Office Schedule: 2003-04 Policy 6 The City shall continue to utilize restrictions, applicant screenings, and other appropriate mechanisms established as conditions of approval in order to preserve affordable for sale housing units for the long term. Program 6.A The City shall keep in regular contact with the Riverside County Housing Authority to ensure that Section 8 housing assistance within the City is actively pursued. At least 30 households should be assisted every year. Responsible Agency: Redevelopment Agency Schedule: Ongoing Housing Element 1Il-47 TN/City of Palm Desert General Plan/Housing Element Program 6.13 The Agency shall work with affordable housing organizations to preserve the affordability of the Regent Palm Desert project (formerly known as Sevilla or Saint Tropez), which is currently at risk of losing its affordability restrictions in 2016. The Agency may consider financial assistance or purchase, assistance in preparing applications for funding through state and federal programs for third party ownership, and other means to assure the long term affordability of the project. Responsible Agency: Redevelopment Agency Schedule: 2014-2015 Policy 7 The Redevelopment Agency shall annually allocate funds to eligible projects for review and consideration, in conformance with its Five Year Implementation Plan. Policy 8 The City Council shall consider, as an additional incentive, the reduction, subsidizing or deferring of development fees to facilitate the development of affordable housing. Policy 9 The City shall continue to address the needs of the senior population in development of housing. Program 9.A The City shall maintain the Senior Housing Overlay District and the Second Unit Housing standards in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Ongoing Program 9.B The City shall continue to encourage the development of assisted living facilities for seniors. Responsible Agency: Redevelopment Agency, Community Development Department Schedule: Ongoing Policy 10 The City shall implement the State's density bonus law. Policy 11 The City shall maintain the Rental Subsidy Program, the Mortgage Subsidy Program and the First Time Homebuyers Program. Policy 12 Promote the jobs/housing balance through the development of housing with convenient access to commercial land uses, schools, available public transport and employment centers. Policy 13 Encourage energy conservation through the implementation of new technologies, passive solar site planning and enforcement of building codes. Please also see the Energy and Mineral Resources Element. Housing Element 1I1-48 TN/City of Palm Desert General Plan/Housing Element Program 13.A The City shall maintain an Energy Conservation Ordinance which mandates conservation in new construction beyond the requirements of the California Building Code. Responsible Agency: Planning Department Schedule: 2010-2011 Program 13.13 The City shall encourage Green Building techniques, recycling in demolition, and the use of recycled, repurposed and reused materials in all new affordable housing projects to the greatest extent possible. Responsible Agency: Redevelopment Agency, Planning Department, Building Department, Public Works Department Schedule: Ongoing Housing Element 111-49 TN/City of Palm Desert General Plan/Housing Element Exhibit 1 Sites to be Rezoned Housing Element II1-50 TN/City of Palm Desert General Plan/Housing Element Appendix A Land Inventory Aerials Housing Element I11-51 TN/City of Palm Desert General Plan/Housing Element Appendix B Residential Development Fees (Excerpted from the Rose Institute Study, 2008) Housing Element III-52 TN/City of Palm Desert General Plan/Housing Element Palm Desert 2007 Data 2005 Data 60-untt subdivision 35-unit subdivision 33-unit subdivision Total Total Total Total Valuatlon S197,500.00 S11,850,000.00 S197,500.00 S6,912,500.00 S197,625.00 S6,916,875.00 Iot2[ EuLlnecring S3.57 S214.00 $6.11 $214.00 S33.26 S1,164.00 Final Map S82.971 $4 978.00 $93. 61 S3.278.001 S14.29 SS00.00 Grading Permit Fees S3.751 1225001 $6,431 S225.001 $5.69 $199.00 GradingPlan Check 593.43 $S 606.00 , S 104.46 S3 656.00 f74.74 $2 616.00 Street Improvements Inspection $174.00 $10,440.00 S 174.00 $6 090.00 S 160.00 SS 600.00 Street Improvements Plan Check 5103.00 S6 180.00 $103.00 $3 605.00 S80.00 S2 800.00 Total S457.15 S27,429.00 $481.54 $16,854.00 S334.71 $11,715,00 Housing Element 111-53 . TN/City of Palm Desert General Plan/Housing Element 2007 Data 2005 Data 60-unit subdivision 35-unil subdivision 35-unit subdivision Total Total Total Per Unit Subdivision Per Unit Subdivision Per Unit Subdivision Tentative Tract Map $15.831 $950,001 $27.141 $950.00 $17.26 $604.00 Zone Change Amendment MA - Has Been Combined with General Plan.amendment $9.29 $325.00 General Plan Amendment $20.501 $1,230.001 S35.141 $1230.00 $45.31 S1586.00 Architectural Review 12.80 $168.001 S4.80 $168.00 82.94 $103.00 TOM .JY.IJ 3,L,J9b.UU Jo i.U7 JA"".Uv ,v. v.vv Fees Total S1,493,562.40 $877,893.90 S736,269.05 Total Fees Per Unit S24,892.71 S25,082.40 $21,036.26 { 'There are several drainage fees depending on location of development. The S1.000 per acre fee used in 2007 is for the area between Sand Ridge and 1-10. (This is different from the S4,000 per acre fee used in 2005.) Housing Element III-54 TN/City of Palm Desert General Plan/Housing Element Housing Element III-55 The Desert Sun 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-4578 / Fax 760-778-4731 State Of California ss: County of Riverside Advertiser: CITY OF PALM DESERT 73510 FRED WARING DR PALM DESERT CA 922602 2000258687 ;'S OFFICE DESERT. CA 2911 APR 27 AN 11: 06 I am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non pariel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: Newspaper: The Desert Sun 4/22/2011 I acknowledge that I am a principal clerk of the printer of The Desert Sun, printed and published weekly in the City of Palm Springs, County of Riverside, State of California. The Desert Sun was adjudicated a newspaper of general circulation on March 24, 1988 by the Superior Court of the County of Riverside, State of California Case No. 191236. I declare under penalty of perjury that the foregoing is true and correct. Executed on this 22nd day of April, 2011 in certificate of Publication City 01 :f—Ji17 Desert Community Development APR 2 7 2011 No 1338 CITY OF PALM DESERT PUBLIC NOTICE CASE NO. GPA 11.089 NOTICE IS HEREBY GIVEN that a st session and wil held before athesubsequentPalm Desrt public City Council Thursday, May 12th 2011 to consider a revues Element planning cycle is for the zuuo- nningg period. TFia Housing Element is the City's decision makers to guide the lent of housing for all economic seg- the community, with a particular focus on come households and special needs ds, such as for persons with disabilities. :sing Element contains all the required mts mandated by the Stpatte. The Housing Ute contains :quirked to assure that ow 1has suffi- ds available to accommodate its Regional Needs Allocation (the number of units es- hv the State to be needed to accommo- Althouggh the policy airea:on or me nousmy Q­ ment fs ggeenerally consistent with the previously approl Element; the new policies and pr rams will require further action on the part of t e text ad in- cluding changes to the Zoning es map. SAID study session will be held at 2.00 PM on Thursday, May 12th 2011 in the Administrative Conference Room and will be followed by the pub- lic hearing which will be held at 4:00 P.M. in the atthe Desert CivicaCenter 73 610 are Fred Waring Drive, Palm Desert, California. Ali inter- wctad earsons are invited to attend and listen. to an be ac merit of Community Development at the above ad- dress between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. if you challenge the proposed actions in court, you may be limited to raising on those issues that you or someone else raised at the public hearing described in this no- tice; or in written correspondence delivered to the Palm Desert Planning Commission at, or prior to, the public hearing. LAURI AYLAIAN Secretary Palm Desert Planning Gcommission Published: 4122/1 t MINUTES PALM DESERT PLANNING COMMISSION TUESDAY — MARCH 15, 2011 1• CALL TO ORDER Chair Campbell called the meeting to order at 5:58 P.M. 11. ROLL CALL Members Present: Sonia Campbell, Chair Nancy De Luna, Vice Chair Van Tanner Roger Dash Connor Limont Members Absent: None Staff Present: Jill Tremblay, Assistant City Attorney Lauri Aylaian, Director of Community Development Kevin Swartz, Assistant Planner Tony Bagato, Principal Planner Tony Becker, Administrative Secretary Ill. PLEDGE OF ALLEGIANCE Commissioner Tanner led the pledge of allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Aylaian informed the Planning Commission that the City Council met Thursday, March 10, 2011 for consideration of Von's grocery store opening in the vacated Mervyn's building on the corner of Highway 111 and Fred Waring Dr. The issue had a split vote: 2-2, with one of the Councilmembers uncertain about abstaining from on this matter due to the potential for a perceived conflict of interest. The City Attorney has filed a request with the FPPC for a MINUTES March 1 PALM QESERT PLANNING COMMISSIGN 1=24 ruling on the matter and expects an answer within the next 30 days in time for the first City Council meeting of April. V. ORAL COMMUNICATIONS NONE VI. APPROVAL OF MINUTES Request for approval of the March 1, 2011, meeting minutes. Action: Commissioner De Luna moved and Commissioner Tanner seconded the approval of the March 1, 2011 meeting minutes. Motion carried 5-0. VII. CONSENT CALENDAR NONE VIII. PUBLIC HEARINGS Chair Campbell stated that anyone who challenges any hearing matter in court may be limited to raising only those issues he, she or someone else raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. A. Case No. CUP 11-51, University of Phoenix, Applicant. That the Planning Commission approve the findings and adopt Planning Commission Resolution No. 2547, approving Conditional Use Permit 11-51 for University of Phoenix in the S.I. zone, subject to the attached conditions. Kevin Swartz, Assistant Planner, orally presented the salient points of his staff report and PowerPoint presentation. He spoke about the layout of the project site and where the classes would be held. The building includes seven classrooms, a break room, a student resource center, a faculty resource area and restrooms. The building currently has four other tenants as well. The university would have four faculty members, eight staff members and up to 129 students. The school would operate Monday — Friday 8 a.m. to 5 p.m. and evening classes would be held from 5:30 p.m. to 10:30 p.m. The weekend classes would be held from 8 a.m. to 6 p.m. Mr. Swartz stated that there would only be 32 students during the week for the Monday — Friday day -time classes. During the weekday classes, the project would be 22 parking spaces short; 6 MINUTES however, a reciprocal parking agreement is on file and staff does not believe that this would create a problem. Staff conducted a traffic study indicating that there is currently ample parking at all times for this use. Mr. Swartz indicated that there were some changes to the conditions of approval in the staff report and explained the new conditions put before the Commissioners. He stated that in Condition #5, the word 'classroom' was added; Condition #7 should state that 'the university shall have a maximum of 109 students at any one time'; and in Condition #8, the word 'instructors' was removed since only the university need be licensed by the state of California, not the instructors. With that, staff recommended approval and Mr. Swartz offered to answer questions. Commissioner De Luna began by asking about the parking issue. She wanted to know if a parking agreement was in place. Mr. Swartz indicated that there was a reciprocal agreement in place. Commissioner Dash asked if this was a relocation or a brand new site. Mr. Swartz deferred to the applicant. Commissioner Limont also indicated that she would direct her question to the applicant. Chair Campbell declared the public hearing oven and asked the applicant to step forward. Harlan Lindholm, 4305 Endoaks Dr., Yorba Linda, CA, and Jeffery Abolino, 312 W. Brookshire, Orange, CA both approached the podium to answer questions. To answer Commissioner Dash's question, they stated that this new location was indeed a relocation. The current campus site is on Merle Street and is too small for any anticipated growth. Commissioner Dash asked if both facilities would be operated simultaneously. Mr. Lindholm said that they would not be at this time, but if future growth merited, then that option would be revisited at a later date. Commissioner Limont asked how many students are at the current location. Mr. Abolino stated that nearly 300 students attend the university currently. He said that the students come one night per week and many students come at different times for different classes. Commissioner Limont asked about the current facility and if it was operable for test taking or licensing and if not, would the new location be equipped for such. The gentlemen stated that the Merle location wasn't equipped for that and that they didn't anticipate that the new location would serve that function either. Finally, Commissioner Limont wanted to know about evening security and if that would be provided. Mr. Lindholm stated that currently there is a security guard on duty for evening/nighttime classes. He said 3 MINUTES March I PALM DESERT PLANNING• ll 11 • ► the guard shift begins at 3:30 or 4 P.M. and does not end until after the last student has departed from the night class (which is usually about 10:30 p.m.). He also said that the security patrol not only escorts students to their cars, but that they also make sure that the building is locked. Chair Campbell asked if security was already there. Mr. Abolino stated that at the Merle facility there is not security there because the site is too small and doesn't warrant the need. But the new site will certainly have security. Commissioner De Luna asked about the number of students at the new facility and how they would have 129 at the new facility but currently have 300 at the Merle facility. Mr. Lindholm clarified that the 129 would be maximum daily occupancy at the new facility and not the total number of students enrolled. Mr. Abolino said that about 60 students take evening classes currently. Hearing no other questions of the applicant, Chair Campbell invited anyone who was IN FAVOR OF or IN OPPOSITION TO this project to come forward to speak. Mr. Tom Noble, 34360 Gateway Dr, Palm Desert came forward to speak in favor of this project. His offices are in the same complex as the proposed site and stated that his business and neighboring businesses are in favor of the university coming to their site. He also stated that the security company that the university uses is headquartered in this same complex, so that is another benefit of this relocation. He offered to answer any questions. Seeing no other indication of speakers, Chair Campbell declared the public hearing closed and asked for Commissioner comments. Commissioner Tanner began by welcoming the applicant to the new site in the Coachella Valley and moved for approval. Commissioner De Luna seconded the motion. Commissioner Limont stated that she wanted to ask a question of staff before she voted. She asked Mr. Swartz if staff considered the 129 students at the new facility when calculating the parking study. Mr. Swartz stated that the 129 students were considered for the study and that in fact, the parking lot was virtually empty on the weekends, and with a reciprocal parking agreement in place parking would not be a problem at most times of any given day. Commissioner Limont requested that a condition be added stating that the university would be required to have security patrol on campus and she would be able to vote in favor of the project. Ms. Aylaian stated that currently that requirement was not part of the conditions and the Commission would need to amend the motion to include that as part of MINUTES the conditions. Commissioners Tanner and De Luna both amended their motion and second to include the condition that the university have security patrol on site during the afternoon and evening classes until closing. Commissioner De Luna commented briefly that she warmly welcomed the university to Palm Desert and was happy to have another educational facility here to serve the young community. Action: Commissioner Tanner amended his motion to include the security requirement and Commissioner De Luna seconded the amended motion to approve case CUP 11-51, subject to the attached and amended conditions. The motion carried for approval 5-0. Commissioner Tanner moved and Commissioner De Luna seconded adopting Planning Commission Resolution No. 2547 recommending approval of CUP 11-51, subject to the attached and amended conditions. Motion carried 5-0. IX. MISCELLANEOUS NONE X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES COMMISSION Commissioner Campbell stated that the commission would meet Wednesday, March 16, 2011. B. LANDSCAPE BEAUTIFICATION COMMITTEE Commissioner Limont mentioned that the committee wouldn't meet until April. C. PARKS & RECREATION Commissioner Tanner said that the first Tuesday of April would be the next meeting. D. PROJECT AREA 4 COMMITTEE Commissioner Dash briefly indicated that the meeting centered around the proposed undergrounding project and to determine the will of the residents in that area. A poll indicated that 2/3 of the residents were not in favor of pursuing this project due to expense and economics, since the demographics of the area indicate that 5 IT, vol: ►►►_ the average income of residents of that area is less than $40,000/year. Other issues discussed centered on various complaints including cyclists not following traffic laws and pieces of the brick veneer falling off of the Fred Waring wall. XI. COMMENTS NONE XII. ADJOURNMENT Commissioner Tanner moved and Commissioner Limont seconded the adjournment of the meeting by minute motion. The motion carried 5-0. The meeting was adjourned at 6:17 p.m. LAURI AYLAIAN, Secretary ATTEST: SONIA CAMPBELL, Chair Palm Desert Planning Commission /tb C.1 RESOLUTION NO.2548 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE A GENERAL PLAN AMENDMENT TO ADOPT THE UPDATE OF THE HOUSING ELEMENT OF THE GENERAL PLAN AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT RELATING TO THE HOUSING ELEMENT UPDATE. WHEREAS, the Housing Element must be updated on a State mandated schedule, currently required for the 2006-2014 planning period; and WHEREAS, the Housing Element Update has been submitted to the California Department of Housing and Community Development for review, and they on March 3, 2011 notified the City that it complies with State law; and WHEREAS, the Housing Element Update has complied with the requirements of the "City of Palm Desert Procedures for Implementation of the California Environmental Quality Act," Resolution No. 10-26, and the Director of Community Development has determined that the project required an Initial Study resulting in a Negative Declaration; and WHEREAS, the Planning Commission of the City of Palm Desert, California did, on the 5ch day of April, 2011, hold a duly noticed public hearing to consider the Update of the Housing Element of the General Plan; and WHEREAS, the Planning Commission did, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard find: a) The proposed Housing Element Update is in the public interest and there will be a community benefit, insofar as the proposed Housing Element facilitates the development of housing for all residents of Palm Desert. Development of housing for residents of all income levels will also reduce the vehicle miles traveled in the city, which will improve the regional air quality and reduce wear and tear on public streets and infrastructure, all of which is in the public interest. b) The proposed Housing Element Update is consistent with the goals and policies of the General Plan, insofar as it is consistent with the other elements of the General Plan, and implements policies and programs directly relating to residential land uses. Planning Commission Resolution No.2548 G PA 11-089 April 5, 2011 Page 2 of 2 c) The proposed Housing Element Update does not conflict with provisions of the Zoning Ordinance, insofar as the required rezoning of certain parcels will be consistent with existing Zoning districts and standards. As is specifically described in the Housing Element update, specific other clauses in the Zoning Ordinance will be revised to enhance the effectiveness of the Housing Element. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission recommends to the City Council approval of a Negative Declaration of Environmental Impact for Case No. 11-089, the Housing Element Update. 3. That the Planning Commission recommends to the City Council approval of Case No. 11-089, the Housing Element Update. PASSED, APPROVED AND ADOPTED at a regular meeting of the Pam Desert Planning Commission held on this 5`h day of April, 2011 by the following vote, to wit: AYES: CAMPBELL, LIMONT, TANNER AND DASH NOES: NONE ABSENT: DE LUNA ABSTAIN: NONE ATTEST: - Sonia Campbell, Chairperson Lauri Aylaian, Secretary Palm Desert Planning Commission KEY LARGO SQUARE, L.P., FIRST STREET FINANCIAL CENTER, L.P. & LOMITAS, L.P Response and Objection to General Plan Amendment Case No. GPA 11-089 May 11, 2011 To: City of Palm Desert- City Council, Planning Commission and Planning Department Re: General Plan Amendment, Case No. GPA 11-089 KEY LARGO SQUARE, L.P., FIRST STREET FINANCIAL CENTER, L.P. & LOMITAS, L.P. (Collectively the "Owners") provide this response and objection to General Plan Amendment Case No. GPA 11-089 (the "Proposed Amendment"). The Proposed Amendment and related negative declaration are being undertaken by the City of Palm Desert ("City") to facilitate the construction of affordable housing units on land including our two parcels. Our land comprises approximately 74 acres and based upon discussions over the past five years the required land area for the proposed housing sited on our parcels would require approximately 15-20 acres. While we welcome the opportunity to build such housing the City has been unwilling to work with us in any meaningful manner to provide the necessary contribution to build such housing. As such we object to the inclusion of our land area in the Proposed Amendment without conditions described -- herein. The depiction of such housing on our parcels has existed for many years without any action to - date notwithstanding our efforts to develop affordable housing. While we are supportive of thisN ultimate use and have made continuing efforts going back at least FOUR years with City staff tor. develop such units, the reality is the City and its agencies have not worked together with the owner to fund such units in a timely manner. Every overture made by Owner to develop such units is met with the same response to the effect that the City is intent upon rehabilitating o existing units and will not provide funding for units on our land unless our requested contribution is consistent with rehab units. The Owners have repeatedly pointed out that this places an unjust, unrealistic and unwarranted burden on our land because the City and related fees for new units total approximately $20,000 per unit. As a consequence, no affordable units can ever be constructed on our site because the contribution required is $20,000 higher (the amount of the fees) than rehab units and the City has indicated it will not contribute those added fees. All proposals made have been responded to with this position. The General Plan is essentially the constitution of the City; regulations and ordinances, including zoning, should be subordinate and conform to it. The announcement for this hearing advises that this change to the General Plan requires further action "...on the part of the City, including changes to the Zoning Ordinance text and map. " Indeed such action is required within a reasonable period of time: "(c) In the event that a zoning ordinance becomes inconsistent with a general plan by reason of amendment to the plan, or to any element of the plan, the zoning ordinance shall be amended within a reasonable time so that it is consistent with the general plan as amended." Emphasis added. See Gov. Code, § 65860. The current General Plan designation of our parcels is C-R, Regional Commercial. The Zoning is PC-3, Planned Commercial, with an FCOZ overlay. So the General Plan and Zoning are presently compatible -- as they should be. However, if the General Plan is revised to allow housing as reflected in the Proposed Amendment, it will not be compatible with the PC-3 zoning. So clearly rezoning is required. The parcel or our property that the zoning is to be applied to is a large parcel and there is no currently accepted master plan. So it is undetermined where the units will be located, even though possible locations have been discussed with staff on numerous occasions. Given this uncertainty, in addition to the conditions for contributions, planning flexibility is needed. We believe the best way to achieve this is with an overlay over the entire site, such as was done with the FCOZ overlay. The Zoning ordinance contains a PCD overlay which would appear to accommodate all the uses that have been discussed for our site. Since the General Plan is being amended for the housing element for the period 2006-2014, this overlay should be applied at least for that period. In contemplating this General Plan action, the City should not do anything that leaves additional burdens on the affordable developer. If the General Plan is revised without a corresponding revision to the zoning code to allow housing, it would be an undue burden for the developer, requiring the developer to process a zoning application. If the City is the initiating party, the zone change is easy and efficient to complete. If it is left for the developer to complete, many studies and submissions are triggered needlessly. Since the City is proposing a negative declaration, the developer should be exempted from any studies explicitly or implicitly included in that declaration, including without limitation traffic studies and greenhouse gas studies. If the PCD overlay is adopted, the City will retain full power to review and approve master development plans and suffers no loss of control thereby. If the City truly wants to make changes that will lead to the future development of new affordable units, it should first recognize that such units are incredibly difficult to complete. Just look back at the City's history and consider when you have been able to complete new units. New units should be preferred but instead have an inherent disadvantage with City staff compared to rehabilitated units. Existing apartments can be rehabilitated for a contribution that ranges between $60-80,000 per unit. Even if new units could be built for that level of contribution, city fees, school fees and utility charges still all have to be paid, which in total may amount to $20,000 per unit. So, new units will always have a disadvantage unless the decision makers appropriately place the premium that is obvious in developing new units. The current method of developing affordable units is based on a mixture of governmental funds and tax incentives. This assistance is necessary because rent restricted affordable units do not produce any significant cash flow and are therefore unable to service normal construction to permanent debt. The Proposed Amendment commits approximately 15-20 acres on our land for the affordable housing use. If the city does not concurrently, with the Proposed Amendment, appropriately revise the zoning to conform and make realistic commitments to fund the affordable units to be built, the effect is to render a large parcel of our land undevelopable. This is no benefit to the city and unacceptable to the land owner. In summary, our response is that we conditionally support the proposed housing use on our parcel provided that the Cityand its related agencies are required: To commit to work with the Owner, in good faith, to provide funding for the phases of said units within six months of adoption with an amount of contribution that includes the added fees for the new units or otherwise the designation as to our land is deleted from the Proposed Amendment. Without such commitment the Owner states the present action is unwarranted and an improper burden on its property; and 2. Commits to complete the zone changes to PCD overlay. Failing such conditions then the Owner's oppose the Proposed Amendment to the extent it includes any mention of Owners' property. Owners request that this document be placed in the public files as our response and that Darryl Moore be permitted be permitted to address the meeting as Ow4ds' representative. Ken Cad6zarite, President of General Partner of Owners