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HomeMy WebLinkAboutDA-PP-CZ-EA 15-086 - Prospect CompaniesOrdinance No. 1297 Resolution No. 2015-85 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: CONSIDERATION OF APPROVAL OF AN AMENDMENT TO A DEVELOPMENT AGREEMENT, A PRECISE PLAN, A CHANGE OF ZONE, AND A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE EXPANSION OF THE LEGEND GARDENS SENIOR LIVING FACILITY INCLUDING 15 NEW ASSISTED LIVING UNITS AND 12 NEW MEMORY CARE UNITS AT THE SOUTHWEST CORNER OF CATALINA WAYAND SAN PASCUAL AVENUE SUBMITTED BY: Eric Ceja, Associate Planner APPLICANTS: Prospect Companies 153 S. Sierra Avenue #173 Solana Beach, CA 92075 CASE NOS: DA/PP/CZ//EA 15-086 DATE: October 8, 2015 ATTACHMENTS: 1. Draft Ordinance No. 1297 2. Draft Resolution No. 2015- 85 3. Draft Amended Development Agreement 4. Change of Zone Exhibit 5. Legal Notice 6. CEQA Notice of Exemption 7. Planning Commission Notice of Action 8. Architectural Review Commission Notice of Action 9. Crain and Associates Parking Analysis 10. Site, Architecture, Landscape Plans and Exhibits Recommendation 1. Waive further reading and pass City Council Ordinance No. 1297 to second reading, approving Development Agreement Amendment 15-086 for amendments to Development Agreement 97-1, and Change of Zone 15-086 to apply the Residential Single -Family (R-2) and Senior Overlay (S.O.) Districts to two properties along San Pascual Avenue. 2. Waive further reading and adopt City Council Resolution No. 2015- 85 approving Precise Plan 15-086 and a Notice of Exemption for the expansion of the Legend Gardens Senior Living facility. Staff Report Case No. DA/PP/CZ 15-086 Page 2 of 10 October 8, 2015 Architectural Review Commission The City's Architectural Review Commission reviewed the proposed expansion of the Legend Gardens Senior Living facility at their meeting on July 28, 2015. The Commission approved the expansion of the facility as it architecturally matches the existing facility. In addition, once the expansion is completed, the existing Legend Gardens facility will receive an exterior paint treatment so that the entire facility will match and look like one single new facility. The Commission voted 6-0-0-2, with two (2) commissioners absent in recommending approval for the expansion of the Legend Gardens facility. Planning Commission The Planning Commission held a public hearing to consider the proposed expansion of the Legend Gardens facility at their meeting on August 18, 2015. The Commission discussed the patio wall design along Catalina Way and San Pascual Avenue, parking at the facility, and discussed the setback adjustment along Catalina Way. The Commission would like to see additional design or undulation to the patio walls, and the applicant is amenable to their request. The Commission also agreed that the existing parking lot is sufficient to serve the expanded facility and on -street parking is available should there be a need for overflow parking. Lastly, the Commission considered a setback adjustment at the intersection of Catalina Way and San Pascual Avenue and approved the adjustment based on the flexible development standards allowed in the Senior Overlay District and based on the applicant providing affordable beds within the facility. One property owner, located directly south of the facility along San Pascual, spoke in favor of the project and questioned pedestrian access along San Pascual. There was no testimony in opposition to the project. The Commission ultimately approved a resolution recommending that the City Council approve the applications for the proposed expansion. Staff has provided a condition to address patio walls along Catalina Way and San Pascual Avenue. Executive Summary Approval of the staff recommendation will entitle the expansion of an existing senior living facility from 20 to 47 units. In 1998, the City Council approved a Development Agreement (DA) and Precise Plan (PP) for a 20-unit assisted living facility known as Legend Gardens at the comer of Catalina Way and San Carlos Avenue. The facility provides congregate care services to senior citizens over 55 years of age and includes common dining and activity areas, an administration building, and a seventeen (17) stall parking lot, directly across the street from the Joslyn Center (Senior Center.) The DA required that four (4) beds beset aside within the facility for lower- and moderate -income persons. The facility has acquired two (2) abutting parcels to the east of their existing facility with the intent to expand the facility from twenty (20) assisted living units to thirty- five (35) assisted living units and twelve (12) memory care units. A total of forty-seven (47) units will be available when the facility is expanded. To facilitate this expansion, the existing single- family homes on the abutting parcels will be demolished, existing driveways will be removed, and existing landscape will be removed and/or relocated elsewhere on the site. The abutting parcels are zoned Residential Single -Family (R-1) and the applicant has applied for a Change of Zone (CZ) application to rezone the parcels Residential Single -Family (R-2) with a Senior Overlay (S.O.). The proposed zoning designations will match the zoning designations G:\Planning\Enc Ceja\Case Files\PP\PP 15086 Legend Garden Expansion\City Council\CC - Staff Report (Legends).doc Staff Report Case No. DA/PP/CZ 15-086 Page 3 of 10 October 8, 2015 of the existing Legend Gardens facility and will implement portions of the Palma Village Specific Plan which identified parcels near the Senior Center and along the west side of San Pascual Avenue (San Pascual) for this type of zoning designation. In addition, the applicant will merge the existing Legend Gardens parcels and the two (2) acquired parcels so that the entire facility exists on a single 1.6-acre parcel. An amendment to the existing DA is necessary to address the change in room count at the expanded facility. Currently, the DA specifies a number of beds be set aside for lower- and moderate -income individuals based on the existing room count. Since the facility is providing additional rooms, the formula for the set aside has changed from four (4) beds to ten (10) beds. The facility will provide two types of services for assisted living and memory care and the amended DA specifies that nine (9) assisted living beds and one (1) memory care bed be set aside at the facility for lower- and moderate -income individuals. Background A. Property Description: Legend Gardens is a senior living facility located on the northeast corner of Catalina Way (Catalina) and San Carlos Avenue (San Carlos.) The facility has operated at the site since the late 1990's, and consists of 20 assisted living units, administrative offices, common dining area, and a 17-stall parking lot with access along Catalina. Landscaping and a four (4) foot high block wall are provided along the property's perimeter along San Carlos, and a six (6) foot high wall is provided along the southern property lines. Legend Gardens has purchased two (2) adjoining parcels located at the northwest corner of Catalina and San Pascual, just east of the existing Legend Gardens facility. Each parcel is developed with a detached single-family home. Combined, both lots total approximately 33,631 square feet in area. The homes front San Pascual and mature landscape and driveways are provided along this portion of roadway. Rear yards of the lots are relatively unimproved with the exception of a pool for the property located at the corner of Catalina and San Pascual. B. General Plan and Zoning: Zoning Designations: • APN 627-114-005: Residential Single Family (R-1) • APN 627-114-006: Residential Single Family (R-1) • APN 627-114-010: Residential Single Family (R-2) Senior Overlay (S.O.) • APN 627-114-011: Residential Single Family (R-2) Senior Overlay (S.O.) General Plan Land Use Designations: • APN 627-114-005: Medium Density (R-M) 4-10 DU/AC • APN 627-114-006: Medium Density (R-M) 4-10 DU/AC GAP1anning\Enc Ceja\Case Files\PP\PP 15086 Legend Garden Expansion\City CouncACC - Staff Report (Legends).doc Staff Report Case No. DA/PP/CZ 15-086 Page 4 of 10 October 8, 2015 APN 627-114-010: Medium Density (R-M) 4-10 DU/AC APN 627-114-011: Medium Density (R-M) 4-10 DU/AC C. Adjacent Zoning and Land Use: North: Residential Multi -Family (R-2) / Senior Overlay (S.O.) — Joslyn Center South: Residential Multi -Family (R-2) / Residential Single -Family (R-1) — Single Family Homes East: Residential Single -Family (R-1) — Single Family Homes West: Residential Multi -Family (R-2) / Senior Overlay (S.O.) — Apartments D. Palma Village Specific Plan: On June 13, 1985, the City Council and Redevelopment Agency (RDA) adopted the Palma Village Specific Plan for the area generally bounded by Fred Waring Drive to the north, Highway 111 to the south, Monterey Avenue to the west, and Deep Canyon Drive to the east. The overall goals of the specific plan are to revitalize the Palma Village Area, develop a S.O. zone, identify compatible uses for the S.O. and existing single-family neighborhoods, and to complete infrastructure improvements such as installation of curbs and gutters through an assessment district. Most of the plan has been implemented; infrastructure improvements are complete, the City has established a S.O. zone, and a Senior Center has been built at the northwest corner of Catalina and San Pascual. The project is within the specific plan boundaries and is evaluated against the policies contained in this document. Proiect Description The applicant is requesting approval of an amendment to the existing DA for Legend Gardens, and approval of a CZ and PP, for the expansion of the existing Legend Gardens facility. The proposed projectwill rezone two adjoining properties to the east from Residential Single -Family (R-1) to Residential Single -Family (R-2) with a S.O. The Precise Plan (PP) application establishes the new site plan on the two adjoining lots. As proposed, Legend Gardens will construct four (4) new buildings on the adjoining properties for 15 new assisted living units and 12 new memory care units. The architecture and site improvements will match the existing Legend Gardens facility and the existing common dining area, parking lot, and the administrative office will serve both the existing and expanded facility. A PMW application has also been submitted for the merger of the parcels into a single lot. The merger of the parcels will be brought back to Planning Commission for final approval prior to the issuance of a building permit. The existing DA set aside four (4) beds at the facility for moderate- to lower -income individuals and an amendment to the agreement is necessaryto account for the new bed count. A. Site Plan The existing Legend Gardens facility is located on the northeast corner of Catalina and San Carlos. The facility will expand over two (2) abutting parcels fronting San Pascual to the east of the existing facility. Four (4) new buildings will be built around a central courtyard space with pedestrian connections through the site and to surrounding public streets. Three (3) of the buildings will provide fifteen (15) units for assisted living and one (1) building, located GAPlanning\Enc Ceja\Case Files\PP\PP 15086 Legend Garden Expansion\City Council= - Staff Report (Legendsl.doc Staff Report Case No. DA/PP/CZ 15-086 Page 5 of 10 October 8, 2015 along the southern portion of the site, will provide twelve (12) memory care units. The expanded facility will utilize the existing seventeen (17) stall parking lot provided along Catalina. New landscape, sidewalk improvements, and perimeter walls are provided along Catalina and San Pascual. Sidewalk improvements currently exist along Catalina and San Pascual. The applicantwill remove the existing driveway aprons along San Pascual and fill- in the driveway aprons to match the existing sidewalk improvements. Patio walls, approximately four (4) feet in height, will be provided along Catalina and San Pascual where units provide an outdoor patio space. Perimeter walls will match the design of the existing patio walls along San Carlos and a new six (6) foot high block wall will be built along the southern property line. B. Building Description and Architecture Four (4) new buildings are proposed at the site. These buildings are single -story in height and centered on an interior courtyard. Three (3) of the four (4) buildings contain fifteen (15) assisted living units. Each unit consists of a sitting area, bed area, closet, restroom, and patio. These units may be single or double occupancy. Laundry facilities and an activity room are provided for the assisted living units. The fourth building will provide dementia and memory care services. The building is single story in height, and has a separate lobby, kitchen, and activity and dining areas. Access to the building is provided at the central courtyard in the center of the site. The units are suites which consist of a bed area, closet, and restroom. Along the southern property line of the site an outdoor walking area and patio are provided for the memory care building. The memory care building is more self-contained than the other units and provides restricted access via a single main entrance due to the clientele served within the building. The building's architecture resembles the existing architecture at the Legend Gardens facility. The exterior of the building is white stucco with tile accents and windows. The buildings have a pitched red tile roof with rhythmic one (1) foot height variations to match the existing facility. Once completed, the exterior of the existing buildings will be repainted to match the newer buildings and to give the appearance that the facilitywas constructed at the same time. C. Landscape Mature landscape exists within the front yards of the project site. The applicantwill relocate several of the existing palm trees to new locations along Catalina. New landscape, consisting of trees, shrubs, and ground covers, including Fan Palms, Shoestring Acacias, Palo Verdes, Mexican Birds of Paradise, Mexican Sage, Bougainvillea vines, and purple lantanas will be installed along the project perimeter and internal courtyard areas. Turf is not provided along the project's perimeter and only a limited amount of turf is provided in the active use area outside the Memory Care building. The landscape plans are compatible with the City's Desert Flora Palette Guidelines. GAPlanning\Enc Ceja\Case Files\PP\PP t 5-086 Legend Garden Expansion\City Council\CC - Staff Report (Legends).doc Staff Report Case No. DA/PP/CZ 15-086 Page 6 of 10 October 8, 2015 D. Change of Zone The expansion of the Legend Gardens facility requires that the two (2) abutting parcels, located along San Pascual, be rezoned from Residential Single -Family (R-1) to Residential Single -Family (R-2) with a S.O. The existing facility is zoned (R-2) with a S.O. zone. E. Parcel Map Waiver The existing Legend Gardens site and the abutting parcels will be merged into a single 1.6- acre site with consistent zoning designations. This allows the expanded and existing facility to share common amenities and to utilize the existing parking lot. This will also ensure that the facility is kept in common ownership and that the expanded and existing facilities have a single property owner. Final approval of the parcel merger will be brought back to the Planning Commission prior to the issuance of building permits to expand the facility. F. Development Agreement A DA was approved as part of the original Legend Gardens site. The DA required that the site provide four (4) beds at reduced rents for recipients of Supplemental Security Income (SSI). An amendment to the DA is necessaryto address the expansion of the facilityand to ensure additional beds are set aside based on the new unit count. Based on the new room count, the amended DA stipulates that nine (9) assisted living beds and one (1) memory care bed be set aside based on SSI criteria. Analysis A. Site Plan and Land Use Comaatibili Surrounding properties are developed with a mix of residential uses, including single -story single-family homes, multi -story apartment buildings, and single- and two-story congregate care facilities. The Joslyn Center is located at the northwest corner of Catalina and San Pascual, directly across the street from Legend Gardens. The use of the facility for assisted living and memory care is compatible with surrounding residential uses and existing assisted living facilities in the vicinity, and is a permitted use in the R-2 zoning district and S.O overlay. The expanded facility will result in the demolition of two (2) existing single-family homes that front on San Pascual with new single -story residential -type development. Properties along this portion of San Pascual are detached single -story single-family homes. The architecture of the expanded facility will be residential in style with pitched tiled roofs, exterior stucco treatment, and sliding glass doors, vinyl windows and outdoor patios. The orientation of the buildingsface into an interior courtyard and the portions of the building along San Pascual are similar to the architectural styles within the immediate vicinity. The applicant has applied for a CZ application to applythe S.O. zone to the expanded Legend Gardens site. The S.O. provides a developer options when proposing senior type housing, including flexibility in design standards, affordability requirements applied to the development, and greater population density per acre. The expanded Legend Gardens complies with the G \Planning\Eric Ceja\Case Files\PP\PP 15-066 Legend Garden Expansion\City Council= - Staff Report (Legends).doc Staff Report Case No. DA/PP/CZ 15-086 Page 7 of 10 October 8, 2015 underlying development standards for the R-2 zoning district including a 10-foot street side yard setback along San Pascual, a 20-foot setback along the rear (southern) property line, and a maximum building height of eighteen (18) feet. The building setback along Catalina is 15 feet. However, an adjustment to this setback is required as the particular parcel has eight (8) feet more of right-of-way width than the adjoining parcel to the west. As proposed, the building along Catalina is 10 feet from property line and a five (5) foot adjustment is necessary. Staff supports the 5-foot adjustment as the newer buildings will match the existing setback for Legend Gardens along Catalina. The adjustment ensures that the facility has a consistent setback along Catalina. In addition the adjustment to the setback is supported by the S.O. which allows for flexibility in design standards for senior housing developments. B. Parkina The City's zoning ordinance requires that Residential Care Facilities provide one (1) parking stall for everyfour (4) bedrooms. The expanded Legend Gardens facility has a total of 47 units. If all the rooms are single -occupancy then twelve (12) parking stalls would be required. However, some double -occupancy rooms will be available for spouses and partners. If all 47 units at the site are double -occupancy, a total of 24 parking stalls would be required. Staff does not believe that all rooms at the facility will be double -occupancy based on the current Legend Gardens operations, and the applicant has stated that approximately 60% of the rooms are made available to double -occupancy. Assuming that 75% of the rooms (33 rooms) are double - occupancy the parking requirement is 17 parking stalls. The existing 20-unit Legend Gardens facility contains a seventeen (17) stall parking lot and the expanded and existing facility will utilize this parking lot. Staff conducted a parking survey over the past few months to monitor parking at the site. The parking survey was conducted on six (6) random weekdays from March 23, 2015 to July 9, 2015 with the following results: Date Time Occupied S aces Vacant Spaces Mon. March 23 11:00 AM 5 12 Tue. April 14 10:30 AM 4 13 Thurs. May 14 2:00 PM 4 13 Tue. May 26 10:30 AM 4 13 Wed. June 24 3:00 PM 5 12 Thur. July 9 2:00 PM 5 12 Average Spaces 4.5 12.5 The parking survey concludes that on average nearlythirteen (13) parking spaces are available during the business hours of the facility. The survey indicates that the existing parking lot can adequately serve both the existing and expanded Legend Gardens facility as ample parking is available at the current site. G\Plannmg\Enc Ceja\Case Files\PP\PP 15-086 Legend Garden Expansion\City Council\CC - Staff Report (Legends).doc Staff Report Case No. DA/PP/CZ 15-086 Page 8 of 10 October 8, 2015 The applicant also conducted an independent parking analysis in addition to staffs parking survey and analysis of zoning code requirements. Their parking analysis was conducted during the month of April 2015 and showed average parking demand that matched staffs analysis above. Their parking study indicated that at peak demand in the expanded facility, 18 parking stalls are necessary at the site; however, since many of the clients at the facility cannot legally drive or do not own personal vehicles, parking demand is actually less than the peak demand and the existing parking lot is sufficient to serve the existing and expanded facility. Based on the parking analysis above, staff is confident that the existing 17 stall parking lot is sufficient to serve the expanded Legend Gardens facility. In addition, ample on -street parking is available should overflow parking ever be necessary. To ensure that parking remains available at the site, staff is recommending a condition that only clients with valid driver licenses and active vehicle registration be allowed to have their vehicles at the site. C. Palma Village Specific Plan The Palma Village Specific Plan "encourages construction of senior housing surrounding fie Senior Center" and to "make zoning consistent with the multi -family character of existing development" west of San Pascual. The properties identified for expansion of the Legend Gardens facility are located along the west side of San Pascual and the development of senior housing in this area implements the Palma Village Specific Plan. The Legend Gardens facility also meets the architectural and maintenance criteria identified in the plan as it is single -story, matches the existing architecture at the site, and is held under common ownership. D. Amended Development Agreement The S.O. zone requires that senior housing developments make 10% of the units available to lower -income individuals and 10% of the units available for moderate -income individuals. This standard was applied to the originally approved Legend Gardens site and four (4) beds were set aside based on SSI. With the expansion of Legend Gardens from 20 units to 47 units, an amendment to the DA is necessary to adjust the affordability formula. The amended DA specifies that ten (10) beds be set aside for lower- and moderate -income persons. Further refinement to the amended DA is provided to distinguish the breakdown of affordable units between the memory care and assisted living care. The zoning code does not specify how to break down the affordability requirements between different services offered within the same facility; however, staff and the applicant have agreed to set aside at least one (1) bed in the memory care units for moderate -income individuals based on SSI. The cost of services for a memory care unit is much greater than the cost of services for an assisted living unit. Therefore, staff is satisfied that one (1) memory care bed is sufficient for compliance with the S.O. zone's affordability requirement while not creating an undue financial hardship on the operations of the facility. Environmental Review For the purposes of the California Environmental Quality Act (CEQA), the Director of Community Development has determined that the expansion of the Legend Gardens facility is categorically exempt from further CEQA analysis under Class 32 — In -fill Development Projects as the site is G \Planning\Eric Ceja\Case Files\PP\PP 15-086 Legend Garden Expansion\City Council= - Staff Report (Legends).doc Staff Report Case No. DA/PP/CZ 15-086 Page 9 of 10 October 8, 2015 less than five (5) acres in size, is surrounded by existing urban uses, the project site has no value as habitat, the site is adequately served by existing utilities, and the use is consistent with the City's General Plan policies, the Palma Village Specific Plan policies, and zoning designations and regulations. Conclusion Staff supports the expansion of the Legend Gardens facility as it implements the City's General Plan and Palma Village Specific Plan, and provides a compatible land use to the adjacent Senior Center and to the surrounding neighborhood. The expansion complies with applicable development standards, is single -story in height, utilizes an existing parking lot, and architecturally matches the existing facility. The amendments to the DA also address the change in room count and comply with the City's goal for affordable units within senior housing developments in the S.O. zoning districts. Findings of Approval 1. That the proposed change of zone is consistent with the objectives of the Zoning Ordinance and the adopted General Plan. The Legend Gardens facility will expand by acquiring two adjoining parcels abutting its existing eastern property line. These parcels are currently zoned Residential Single -Family (R-1) on the City's Zoning Map. The proposal to change their zoning designations from R-1 to Residential Single -Family (R-2) with a Senior Overlay (S. O.) is consistent with the City's current General Plan which adopted the policies contained in the Palma Village Specific Plan. The Palma Village Specific Plan identified properties surrounding the City's Senior Center to develop for senior housing projects and to make zoning consistent with the multi- family character of existing development west of San Pascual, while preserving the single- family zones east of San Pascual. The Legend Gardens expansion is also consistent with the City's Zoning Ordinance provisions for the R-2 zoning district and S. O. zone. The expanded facility conforms to the development standard for the R-2 zoning district, with the exception of an adjustment to the front yard setback along Catalina Way. The development is single -story in height and does not exceed the maximum building height of 18 feet. An exception has been granted to reduce the front yard setback along Catalina Way from 15 feet to 10 feet in order to ensure the expanded facility has a similar setback as the existing facility. The adjustment to this setback is supported by the S.O. zone which allows for flexibility in design standards for senior housing development. In addition, the expanded facility complies with affordability requirements listed for senior housing developments in the S.O. zone. Fiscal Analysis There is no fiscal impact to the City created by the development of this property. Submitted By: G \Planning\Enc Ceja\Case Fi1eskPP\PP 15086 Legend Garden Expansion\City Council\CC - Staff Report (Legends) doc Staff Report Case No. DA/PP/CZ 15-086 Page 10 of 10 October 8, 2015 zej- Efrict-eja, Ass ci to Planner Department Lauri Aylaian, Director of Community Development M. Wohlmuth, City Manager GAPlanning\Enc Ceja\Case Files\PP\PP 15086 Legend Garden Expansion\City Council\CC - Staff Report (Legends).doc ORDINANCE NO. 1297 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT AMENDMENT AND CHANGE OF ZONE APPLICATION FOR THE EXPANSION OF A SENIOR LIVING FACILITY LOCATED ON THE SOUTHWEST CORNER OF CATALINA WAY AND SAN PASCUAL AVENUE CASE NOS: DA/CZ 15-086 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of August 2015, hold a duly noticed public hearing to consider the request by Prospect Companies, for approval of the above noted, and adopted Planning Commission Resolution 2655 recommending approval of the expansion of an existing Senior Living Facility and change of zone application, to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 8`h day of October, 2015, hold a duly noticed public hearing to consider the request by Prospect Companies for approval of amendments to the Development Agreement, Precise Plan, and Change of Zone applications for the expansion of a Senior Living Facility; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, in that the Director of Community Development has determined that no significant environmental impacts will result from the expansion of the Senior Living Facility and has prepared a Notice of Exemption to be adopted; 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 the approval of said request: Findings for Approval: 1. That the proposed change of zone is consistent with the objectives of the Zoning Ordinance and the adopted General Plan. The Senior Living Facility will expand by acquiring two adjoining parcels abutting its existing eastern property line. These parcels are currently zoned Residential Single -Family (R-1) on the City's Zoning Map. The proposal to change their zoning designations from R-1 to Residential Single -Family (R-2) with a Senior Overlay (S.O.) is consistent with the City's current General Plan which adopted the policies contained in the Palma Village Specific Plan. The Palma Village Specific Plan identified properties surrounding the City's Senior Center to develop for senior housing projects and to make zoning consistent with the multi -family character of existing development west of San Pascual, while preserving the single-family zones east of San Pascual. ORDINANCE NO. 1297 The expansion of the Senior Living Facility is also consistent with the City's Zoning Ordinance provisions for the R-2 zoning district and S.O. zone. The expanded facility conforms to the development standard for the R-2 zoning district, with the exception of an adjustment to the front yard setback along Catalina Way. The development is single -story in height and does not exceed the maximum building height of 18 feet. An exception has been granted to reduce the front yard setback along Catalina Way from 15 feet to 10 feet in order to ensure the expanded facility has a similar setback as the existing facility. The adjustment to this setback is supported by the S.O. zone which allows for flexibility in design standards for senior housing development. In addition, the expanded facility complies with affordability requirements listed for senior housing developments in the S.O. zone. WHEREAS, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That Development Agreement 15-086, amending Development Agreement 97-1, and a Change of Zone 15-086 applying the Residential Single -Family (R-2) and Senior Overlay (S.O.) designations are hereby approve, as proposed, by Ordinance No. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 8t' day of October, 2015, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SUSAN MARIE WEBER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA GPlanning Eric Ccja Case Files PP PP 15-086 Legend Garden Expansion Lnp Council CC Ordinance (Legends).docx 2 AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT, CALIFORNIA And PROSPECT LG, LLC, a California limited liability company Dated: .2015 4822-0001-6929.1 725(H)0001 1\19550707.1 P606-001 -- 1786943.1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Desert 7 -510 Fred "Waring Drive Palm Desert, CA-92260 Attn: City Clerk Record for the benefit of the City of Palm Desert Pursuant to Government Code Section 6103 (Space Above This Line Deserved FOR RECORDER'S USE ONLY r Recorder's Use Only) DEVELOPMENTAMENDED THIS AMENDED DEVELOPMENT AGREEMENT ("Amended Agreement") is made and entered into as of this ____ dayof 2015, by and 'between the City of Palm Desert, California, a municipal corporation organized and existing under the laws of the State of California (the "City") and Prospect ICI, L,L,C, a California limited liability company ("Developer"), pursuant to the authority of Sections 65864 - 65869.5 of the California Government Code and the applicable provisions of the Municipal code of the City of Palm Desert. The City and the Developer are hereinafter, from time to time, individually referred to in this Amended Agreement as a "Party" and collectively referred to as the "Parties." RECITALS A. These Recitals refer to and utilize certain capitalized tenns which are defined in this Amended Agreement. The Parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. B. California Government Code Sections 65864 through 65 69.5, inclusive (the "Development Agreement Legislation"), authorize the City to enter into development agreements in connection with the development of real ,property within its jurisdiction. On August 22, 2013, the City enacted by Ordinance No, 1259, amending Municipal Code Section 25 and including Sections 25.78.060 (the "Development r e e t Ordinance"), which establishes proceduresandrequirements for the consideration of development agreements Pursuant to the Development Agreement Legislation C. On April, 23, 1998,.City and Pacific assisted hiving, Inc. ("Operator") entered into a Development Agreement ("Original Agrec e f") for the development of a twenty (20) unit assisted living facility on the southeast corner of Catalina Way and San Carlos Avenue commonly known as "Legend Gardens" (the "Assisted v` Facility"). The Assisted Living Facility is restricted to senior citizen households over 62 years of age and, per the teens of the Original Agreennent to meet the Affordability Requirements of Section 25.52.030 F of the Municipal Code, two (2) units in the Assisted Living Facility must be set 72500,0001 1\1 9550707.1 P606-001 -- 1786943.1 aside for aged recipients of Supplemented Security Income ("SSI") as administered by the United Stags Social Security Administration (the "Original SSI Units"). The maximum charge for full room, board and care services as offered by the Operator for the Original SSI Units cannot exceed the maximum applicable S I benefit less $50.00 per person. D. As part of this Project, Developer will expand the Assisted living Facility by acquiring and merging multiple parcels of land located within the City. Specifically, Legend Gardens, Inc., a California corporation is the current owner of Assessor's Parcel No. 627-114-011, Five J's, LLCM, a California limited liability company is the; current owner of Assessor's Parcel No. 627-114-01 , Mildred M. Sutherland as trustee of The Mildred M. Sutherland Living Trust U/A dated 3/22/95 is the current owner of Assessor's Parcel No. 627-114-00 and Jay L. Emery and Delora-Emery are the current owners of Assessor's Parcel No. 627- 114-006, all of which shall collectively be referred to herein as "Current er Properties," which parcels are generally located on the south side of Catalina Way, between. San Carlos Avenue and San Pascual Avene. The Current Owner :Properties will be merged into one parcel ("Project Property") pursuant to a Parcel leap Waiver prior to the recordation of this Amended Agreement. Developer intends to demolish the existing detached single-family homes located on a portion of the Project Property in order to expand the Assisted Living Facility pursuant to the Development Approvals. E. The Developer has applied for precise pl amendment approvals pursuant to Chapter Ordinance, for development of real proper allows for significant density increases in and restricted to residents over age 62 year change of zone, and development; agreement .72.030 and Chapter 25.7 .040 of the Zoning °ithin the City's Senior Overlay District which im for building specialized housing designed F. Pursuant to; Chapter 25.2 .020 of the Zoning Ordinance governing development of projects within the Senior Overlay District, and as a condition of approval, the City requires that a specified number of units associated with the Project be set aside for lover and moderate G. The City has clear Amended Agreem policies, general -la General Plan and iviuiu i%, b c nniy e t to restrictions necessary to insure Lite continued occupancy of said and moderate income senior citizen households at an affordable rent. ined that the development of the Project as contemplated by the is consistent with ,and in furtherance of the development goals, uses and development programs of the City as set forth in the City's Palma `pillage Specific plan and is consistent with. the Residential Senior 'Overlay Zoning Districts adopted on 2015, by affecting the Project Property. H. City has further determined that entry into this Amended Agreement will further the goals and objectives of the Comity's land use planning policies by, among Bather things, encouraging investment, providing precise and supplemental criteria for the rises, design, and development of the Project Property, and implementation of the Palma Village Specific :Plan. The benefits conferred on the City by Developer herein will 4822-0001-6929A 3 72500,0001 1\19550707.1 P606-001 -- 17869411 (i) insure consistent, comprehensive planning which will result in the development and expansion of an assisted living facility that is aesthetically pleasing and harmonious with the Senior Overlay District and surrounding neighborhood; (ii) provide affordable housing opportunities within the Project boundaries, (iii)further the development objectives of the City in an orderly manner, all of which will significantly promote the health, safety and welfare of the residents of'the City: In exchange for these benefits to the City, Developer desires to receive the assurance that it may proceed with the Project in accordance with the 'Project Approvals and at a rate o development of its choosing, subject to the terms and conditions contained in this Amended Agreement: 1. By adopting this Amended Agreement, the governmental powers at the present time undetermined future date and has done so in and intending to limit the City°s future e e extent permitted by law. J. This Amended Agreement has undergone e Commission and the City Council. On its supersede and replace the Original Agree er K. To ensure that the intentions of the City and. e carried out, the Parties desire voluntsri facilitate development of the Project subject this Amended Agreement. NOW, THEREFORE, pursuant to the at Legislation, and in consideration of the in contained, the Parties agree as follows; 725W00011\ 2 9SS0707A City Council has elected to exercise certain rather than deferring such actions until an tending to bind the City and the City Council rcise of certain goveriu-nental pourers, to the ensive review by the City's staff, the Planning ffe Live Date, the Amended Agreement will t in its entirety. ieve o er with respect to the Project Approvals, [y to enter into this Amended Agreement to to the conditions and requirements included in y contained in the Development Agreement covenants and promises of the Parties herein. AGREEMENT Definitions. .1. Defined Terms. Each reference in this Amended Agreement to any of the following terms shall have the meaning set forth below for each such to 1.2. Affordable Rent. The maximum applicable monthly Supplemental Security Income ("SSI") benefit payable for full room,, board and care services in California (based on non -medical out -of -home care) less Fifry Dollars 1 C1.00 per month per person. The Affordable Rent may be adjusted annually pursuant to the animal SSII SP Payment Standards published by the California Department of Social Services. For 2015, the 48 s1-0001-69-Ri €'606-001 -- 1786943A Affordable Rent shall not exceed $1,095 for single occupancy and $2,240 for double occupancy. 1.3. Affordable reeds. One (1) Memory Cafe Bed and Nine () Assisted Living Beds to be made available to SSI Recipients at the Affordable Rent upon completion of the Project and continuously through the teirn of this Amended Agreement. The rent for an Affordable Bed may not exceed the Affordable Rent: 1 A4 Amended A grcement. This Aniended Development Agreement which supersedes the originally approved Development Agreement enacted by the Palm Desert City Council by adoption of Ordinance 867. 1.5. Assisted Liyipg Facility. The existing assisted living facility operating a "Legend Gardens". L6. assisted Livin Bed. One (1) bed within an Assisted Living Unit which Assisted Living Unit may be single or dual occupancy. For purposes of clarity, a dual occupancy Assisted Living Unit would include two (2) Assisted Living Beds. 1.7. Assisted Liyuig Units Those certain Units included in the existing .Assisted Living Facility 'and these additional Units to be added as part of the Project which `are designated for assisted living services as shown on the plan attached hereto as Exhibit L , which Assisted Diving Units may be single or dual occupancy. IX Beds. The total number of beds within all the Assisted Living Units and Memory Care Units at any given time which may Crary whether such Units are dual or single occupancy: 1.. Building Ordinances. Those building standards, of general and unifonn application throughout the City and not imposed solely with respect to the Project Property, in effect from time to time that govern building and construction standards within the City, including, without limitation, the City's building, plumbing, electrical, mechanical, grading, sign, and fire -�A— 1.10. City Council. The legislative body of the City of Palm Deserts 1.11. Effective Date. The Effective Date of this Amended Agreement shall be the date that it is recorded in the Official Records of riverside County, California. 1.1 . Enacting Ordinance. Ordinance , enacted by the City Council on 2015, approving this Amended Agreement. 72500,00011 \19550707.1 P606-001 -- 1786943.1 1.1.3. Existing Land Use Ordinances. The Land Use Ordinances in effect as of the Effective Date, 1.14. Land Use Ordinances. The ordinances, resolutions, codes, rules, regulations and official policies of the C"it , governing the development of the Project, including but not limited to, the permitted uses of land, the density and intensity of use of land, and the timing of development,' all as applicable to the development of the City Property and Project Property. Specifically, but without limiting the generality of the foregoing, Land Use Ordinances shall include C"ity's General Plan., the Palma Village Specific Plan, the City's zoning ordinance and the ity's subdivision code, but shall exclude the Building Ordinances. 1.15. Memory Care Bed. One (1) bed in a Memory Care Unit which Memory Care Unit may be single or dual occupancy. For purposes of clarity, a dual occupancy Memory Care Unit may have two (2)Memory` Care Beds. 1.16. Memory or Care Units. Those Units to be added as pat of the Project which are designated for memory care as shown on the plan attached hereto as Exhibit L3, which Memory Cure Units may be single or dual occupancy. 1.17. Ori inal Aareerent. The Develonment Agreement dated April 23 199 between the City and Pacific Assisted Living, Inc. for the development of the Assisted Living Facility. Original SSI Beds" For purposes of the Amended Agreement, four (4) Assisted Living Beds in the Assisted Living Facility which must be occupied by aged recipients of Supplemented Security Income ("SSI") as administered by the United States Social Security Administration pursuant to the teens of the Original Agreement. Project. The existing twenty 2) unit Assisted Living Facility known as Legend Gardens together with the expansion of the 'Assisted Living Facility to include fifteen (1 ) new assisted living units and helve (1 ) memory care units for a total of forty-seven (47) units, including associated amenities, care services, and on -site and off -site improvements, as permitted udder and described in the Project Approvals to be constructed on the Project Property, as the same may hereafter be further refined, enhanced or modified pursuant to the provisions of this Amended Agreement. Project is further defined in Section 3.1 hereof. Project A royals. Developer has applied for d obtained various environmental and land use approvals and entitlements related to the development of the Project, as described below. "Project Approvals" shall paean all of the approvals, plans and agreements described in this section 1.2€: 4822-0001-6929.1 72500,0001 1\ 195 50707.1 P606-001 -- 1786943.1 7250(1 D0011 \ 1955Q707.1 1.20.1 Change of Zone C 15- 64 approved tlrr 2015. 1 .20.2 Precise plan PP 15- 6, approved on 2015. 1..20.3 Parcel Map Waiver PMW 15- 6, annroved on 2015: 1.20.4 Amended Development Agreement Ida 15- 6 approved on 015 bit Clyditiance l�Io. 1.20.5 Subsequent approvals. In order + to develop the Project as contemplated in this Amended Agreement, the Project may require land use approvals, entitlements, development permits, and use and/or ' construction approvals ether than these listed in Sections 1.20.1 through 1.20.4, above, which may include, without limitation: development plans, amendments to applicable redevelopment plans,', conditionaluse permits, variances, subdivision approvals, street abandonments, design review approvals, demolition permits, improvement agreements, infrastructure agreements, grading permits, building pen -nits, right-of-way permits, lot line adjustments, site plans, certificates of occupancy, parcel maps, lot splits, landscaping plans, master sign programs, transportation demand management programs, encroachment permits, and amendments thereto and to the Project approvals (collectively, "Subsequent Approvals"). at such time as any Subsequent approval applicable to the Property is approved by the City, then such Subsequent approval shall become subject to all the terms and conditions of this Amended Agreement applicable to Project approvals and shall be treated as a. Project approval under this Development Agreement," 1.21. Pro"ect Pro ert . The real property which is the subject of this Amended Agreement as described in recital I) and more particularly described in Exhibit A. 1.22. Senior Citizen Household. a household consisting of a maximum off'two (2) personsboth of whom are over 62 years of age. 1.23. SSl Recipient. A recipient of Supplemental Security Income ("SSI") as administered by the United States Social Security Administration over the age of 6, 1.24. Units. The assisted Living Units and the Meniory Fare Units collectively. 1.25. Useful Life of the Prroo ect. Effective from the issuance of the final certificate of occupancy for the Project, it is the greater of thirty; 0j years or the period of time which the Project rernains habitable, with reasonable care and maintenance, as determined by the City. 4822-0001-6929A 7 P606-001 -- 178694 A 2. Term: Amendment. 2.1 Tenn. The term of this Amended Agreement (the "Term") shall commence on the Effective Date and shall remain in effect for the Useful Life of the Project. 2.2 Amendment, The Parties to this Amended Agreement at their scale discretion and by their mutual written consent may from time to time amend the provisions and terms of this Amended Agreement and the Exhibits hereto. Any amendment to this Amended Agreement or the Exhibits hereto as provided.herein shall be effected only upon compliance with the procedures for amendment, if any, required by the Development Agreement Legislation and the Development Agreement Ordinance. The City` shall, after any such amendment takes effect, cause an appropriate notice of such amendment to be recorded in the official records of the County of Riverside, . General Develo n7cut of the Project. .1 Pro j ect. (a) The Project is defined and described in the Project Approvals, which specifies for the purpose of this Amended Agreement all of the following aspects of the Project: (i) Maintenance of the Assisted Living Facility including the twenty (20) Assisted Living; Units (including the Original SSI Beds), meal preparation, common diming area, administrative offices, and comparable services offered by assisted living facilities of similar size, (ii) Demolition of two () existing detached single-family horses along San Pascual Avenue. (iii) New construction for the expansion of the Assisted Living Facility including the construction of new buildings, landscaping, and other site improvements, to accommodate ' fifteen (15) new Assisted Living Units, and twelve (12) new Memory Ogre Units, for a total of 27 new Units, (iv) Affordability requirements in accordance with the City's Senior Overlay District as modified by this Amended Agreement. (v) Development and operation of the site in accordance with this Amended Agreement, the City's Senior Overlay District, and the; conditions of approval placed on the precise plan application. (b) The Parties acknowledge that, as part of the Project Approvals, and as required by Chapter 25.28.020 of theCity's Zoning Ordinance, the Developer is required to reserve and make affordable tent (10)`Units within the Project for low-income and moderate - income households. Due to the unique range of services provided by the Assisted Living Facility, and consistent with the Original Agreement, in lieu of the requirements contained in Chapter 25.2 .020, Developer shall have the right to set aside nine (9) Assisted Living Beds and 4822-0001-6929. g Try sW00011\i 9550707A i'606-001 -- 1786943A one (I) Memory Care Bed (which numbers include the four () original SSI Beds) for SSI Recipients of Senior Citizen Households at a rental charge not to exceed an Affordable Lent. The Affordable Beds need not be restricted to the sarne Unit as king as the beds are interspersed throughout the Project such that a Emit may contain one (1) Affordable Bed and one (1) market rate Bed; it being acknowledged that it is the number of Beds, not Units, which Developer is obligated to offer at the Affordable Rent. It is understood that occupants of the Affordable Beds shall receive identical basic; congregate care services as available to other residents of the Project, whether assisted living services or memory care services, (c) Developer shall install sidewalks where the residential driveway aprons are currently located along Catalina Way and San Pascual Avenue as approved by, and in accordance with, the City's Public Works Department's standards and policies. 3.3 Protect Timing; Construction Entitlement. Developer shall have the vested right to develop the Project in such order and at such rate and at such times as Developer deems appropriate in the exercise of its business judgment, prodded that Developer is in compliance with the Project Approvals and all conditions contained therein. City expressly agrees that Developer shall be entitled to apply for subdivision neaps, building permits, occupancy certificates and other land use and development entitlements for its use at any time provided that such application is made in accordance with the Project Approvals and this Amended Agreement. 3. 13uildz� Peilnits and Ctlaer A revels d Pe its. Subject to (a) Developer's compliance with this Amended Agreement, the Project Approvals, the Existing Land Use Ordinances and the wilding Ordinances, and (b) payment of the usual and customary fees and charges of general application charged for the processing of such applications, pen -nits and certificates and for any utility connection, or similar fees and charges of general application, the City shall process and issue to Developer promptly upon application therefor all necessary use permits, building permits, occupancy certificates, and other required pennits for the construction, use and occupancy of the Project, or any portion thereof, as applied for, including connection:: to all utility systems under the 'ity's jurisdiction and control (to the extent that such connections are physicallyfeasible and that such utility' systems are capable of adequately servicing the Project). 3.5 Procedures and Standards. The standards for granting or withholding permits or approvals required hereunder in connection with the development of the Project shall be governed as provided herein by the standards, ten s and conditions of this Amended Agreement, and to the extent not inconsistent therewith, the Existing Land Use Ordinances, but the procedures for processing applications for such pennits or approvals (including the usual and customary fees of general :application charged for such processing) shall be governed by such ordinances and regulations as may then be applicable and which are consistent with the Project Approvals. 72500,00011 \19550707.1 P606-001 -- 1786943.1 3.6 Effect ofAmended Agreement. This Amended Agreement shall constitute a part of the enacting Ordinance, as if incorporated by reference therein in full. The Parties acknowledge that this Amended Agreement grants Developer the right to develop the project pursuant to specified and known criteria and rules as set forth in the project approvals and the Existing Land Use Ordinances, d to grant the City and the residents of the City certain benefits which they otherwise would not receive. The Developer or its successors in interest shall reserve the Affordable Beds as described herein at an Affordable Rent for SS1 recipients in Senior Citizen households as set forth in this Amended Agreement for the Useful Life of the :Project and Developer shall not change the use of the Project without prior written consent of the City. This Amended Agreement shall be binding upon the City and Developer and their successors in accordance with and subject to its `terms and conditions notwithstanding any subsequent action of the City, whether taken by ordinance or resolution of the City Council, by referenda, initiative, or otherwise. The parties acknowledge and agree that by entering into this Amended Agreement and relying thereupon, the Developer has obtained, subject to the terms and conditions of this Amended Agreement, a vested right to proceed with its development of the project in ,accordance with the proposed uses of the project property, the density and intensity of development of the Project property and the requirements and guidelines for the construction or provision, of on -site and off -site improvements as set forth in the Project , Approvals and the Existing Land Use Ordinances, and the timing provisions of Section 3.3 and the City has entered into this in order to secure the public benefits conferred upon it hereunder which are essential to alleviate current and potential problems in the City and to protect the public health, safety and welfare of the City and its residents, and this Amended Agreement is an essential element in the achievement of those goals. Developer and City further acknowledge and agree that this Amended Agreement shall supersede and replace in its entirety the Original Agreement upon.. the Effective Date of the Amended Agreement. .7 Operating Memoranda. Developer and. City acknowledge that the provisions of this Amended Agreement require a close degree of cooperation between Developer and City, and that refinements and further development of the Project may demonstrate that changes or additional provisions are appropriate with respect to the details of performance of the parties ender this Amended Agreement in order to effectuate the purpose of this Amended Agreement and the intent of the Parties with respect thereto. if and when., from time to time, the parties find that such changes or additional provisions are necessary or appropriate, and subject to the provisions of the next succeeding sentence, they shall effectuate such changes or provide for such additional provisions through operating memoranda to be approved in good faith by the parties, which, after execution, shall guide implementation of this Amended Agreement and may be further changed or supplemented from time to time as necessary, with further good faith approval of Developer and City. Upon receipt by the City of an opinion of the City Attorney to the effect that the subject matter of such operating memoranda does not require the m end ent of this Amended Agreement in the manner provided in Section.. 65868 of the California"Clove rent 4822-0001-6929.1 1 72500.0001111955070T I P606-001 -- 1786943, Code, then no such operating memoranda shall require prior notice or hearing, or constitute an amendment to this Amended Agreement; and in the case of the City, such operating memoranda may be approved and executed by its City Manager without further action of the City Council. Failure of the Parties to enter into any such operating memoranda shall not affect or abrogate any of the rights, duties or obligations of the Parties hereunder or the provisions of this Amended Agreement. 4. Snecific Criteria Aunlicable to Develonment of the Pro ect. 4.1 Applicable Ordinances. Except as set forth in the Project Appi Section 4.3 below, the Existing Land Use Ordinance! Propertyhereunder and the granting or withholding develop the Property; provided, however, that (a) Dev new and existing development impact fees, rocessin charges imposed by City inconnection with the process construction upon the Property so long as such fees an( are not unposed solely with respect to the Project rol Building Ordinances in effect at the time of such development impact Lees established at the time building and subject to the provisions of governthe development o the of all perix>its or approvals required to eloper shall be subject to all changes in g, inspection and plan -check fees` and urges are of general application and y; (b) Developer shall abide by the plications; and (c) Developer ` pay ,twits are issued. 4.2 AntiCmated First Response Paramedic Fee. The City and Ike v 3 Amendment to Atitalical Any change to the Existing Land Use Ordinances that conflicts with the Project Approvals shall nonetheless apply to the Project Property if, and only if (i) it is consented to in writing by Developer in Developer's sole and -absolute discretion; (it) it is determined by City and evidenced through findings adopted by the City Council that the change or provision is reasonably required in order to prevent a condition dangerous to the public health or safety-, (ill) it is required by changes in State or Federal law; (iv) it consists of changes in, or new ;fees permitted by, Section 4. l;or (v) it is otherwise expressly pertrutted by this Amended Agreement. 72600D001 I \ 195 507o 7.1 P606-001 -- 1786943.1 In the event that the City zoning ordinance is amended by the City in a manner which provides more favorable site development standards for the Project Property or any part thereof than these in effect as of the Effective Date, Developer shall have the right to notify the City in writing of its desire to be subject to all or any such new standards for the remaining term of this Amended Agreement. If City agrees, by resolution ofthe City Council, such new standards shah become applicable to the Project Property or portions thereof. Should City thereafter amend such new standards, upon the effective date of such amendment, the original. new standards shall continue to apply to the Project Property as provided above, but Developer may notify City in writing of its desire to be subject to all or any such amended new standards and City shall agree in the manner above provided to applysuch amended new standards to the ' Project Property, 4.4 Easements - Abandonments. City shall cooperage with Developer in connection with any arrangements for abandoning existing utility or other easements `and the relocation thereof or creation of any new easements within the Project Property necessary or alr development of the Project, and if any such easement is owns of Developer and in the mamier and to the extent permitted b such documents as may be necessary to abandon existing necessary or appropriate in connection with the developmer expense of the Developer, In addition, to the extent that ran property adjacent or in close proximity to the Project Prof Developer to develop all or portions of the Project, the City efforts to obtain or secure any such required easements. 5. Periodic Review of Co Hance:. roprlate in connection with the I by City, City shall, at the request law, take such action and execute easements and relocate them, as of the Project, all at the cost and )orary or permanent easements on ,rty will be required in order for Shall cooperate with Developer in 5.1 Annual Corn iance. In accordance with Govt. Code Section 65 65.1, the Director of Community Development shall review compliance with this Amended Agreement on an annual basis during the Tenn of this Amended Agreement. At such annual reviews, Developer and City must denionst ate their good faith compliance with the teens of this Amended " Agreement. Developer and City alTee to furnish such evidence of good ;faith compliance. In the event that City reasonably contests the information provided by Developer, City shall have the right to audit the boos and records of the Property at the Developer's expense upon City request to evaluate co npliance with Section 3 . I . 52 I ana ernent Aaent; Developer -and/or the Developer's contracted management agent (if Developer has delegated such duties) shall operate the Project in a manner that will provide decent, safe and sanitary residential facilities to the occupants thereof, and will comply with provisions of this Amended Agreement. Upon the written request of the City, the Developer shall cooperate with the City in the periodic review of the management practices and financial status of the Affordable Beds in the Project. The purpose of each periodic review will be to enable the City to determine if the Affordable Beds within the Project are being operated and managed in 4822-0001-6 29A 1 72500D0011\19550707A P606-001 -- 1786943A accordance with the requirements and standards of this Attended Agreement. results of such City review shall be provided to Developer. o. Permitted. Delays; utjersedure b Subseuertt Laws. 6,1 Permitted Delaysa In addition to any other provisions of this Amended Agreement with respect to delay, Developer and City shall be excused from perforinance of their obligations hereunder during any period of delay caused by acts of mother nature, civil cormnot on, riots, strikes, picketing, or ether labor disputes, shortage of materials or supplies, or damage to or prevention of work in process by reason of fire, floods, earthquake, or other casualties, litigation, acts or neglect of the ether party, any referendum elections held can the Enacting Ordinance, or the Land Use Ordinances, or any other ordinance effecting the Project or the approvals, permits or other entitlements related thereto, or restrictions imposed or mandated by governmental or quasi -grove rental entities, enactment of conflicting provisions of the Constitution or lads of the United States of America or the State of California or any codes, statutes, regulations or executive mandates promulgated thereunder (collectively, "Laws"), orders of courts o competent jurisdiction, or any other case similar or dissimilar to the foregoing beyond the reasonable control of City or Developer, as applicable. Each Party shall promptly notify the other Party of any delay hereunder as soon as possible after the same has been ascertained. The time of performance of such obligations shall be extended by the period of any delay hereunder. 6. Sa ersedare of i bs cent Laws or Judicial Actioraa The provisions of this Amended Agreement shall, to ;the extent feasible, be modified or suspended as maybe necessary to comply with any new Law or decision issued by a court of competent jurisdiction (a "Decision"), enacted or made after the Effective bate which prevents or precludes compliance with one or more provisions of this Amended Agreement, Promptly after enactment of any such new Lava, or issuance of such Decision, the Parties shall meet and confer in ; good faith to determine the feasibilityof any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Amended Agreement. In addition., Developer and City shall Have the right to challenge the new Law or the Decision preventing compliance with the terms of this Amended Agreement. In the event that such challenge is successful, this Amended =Agreement shall remain unmodified and in full force and effect, except that the Term shall be extended, in accordance with. Section 2.1 above, for a period of time equal to the length of time the challenge was pursued, to extent such challenge delayed the implementation of the project. 7. Events of Default° Re edies, Tennination. T I Events of Default. Developer is in default under this Amended Agreement if one or more of the following events or conditions occur and the sane is not cured within the Cure Period (defined; below) by taking the actions specified in a written notice of default issued by the City ("Event of Default"): 4822-0001-69291 1 72500M01 1\ 9550707.1 P606-00 ] -- ] 786943A 0) If a warranty, representation of statement made or furnished by Developer to City is false or proves to have been false in any material respect when it was made. (n) A finding and determinationbythe City made following a periodic review under the procedure provided for in Governitient Code Section 65865.1 that upon the basis of substantial evidence Developer has not complied in good faith with any of the terms or conditions of this Amended Agreement. (ii) Developer's failure to maintain the Project in substantially the same condition as it exists on the date that City issues the Certificate of Occupancy with respect to the Project, less'ordinary wear and tear, or to restore promptly in a good and workmanlike manner any building which may be damaged or destroyed.. (iv) Developer's failure to appear in and defend any action or proceeding purporting to affect the tights or powers of City Under the tetlus of this Amended Agreement, and to, pay all casts and expenses, including attorney's fees in a reasonable sum, in any such action or proceeding in which City ivay appear. Any notice of default given l alleged default and the manner, if any, in i accordance with the terms and conditions a default alleging that Developer has not conip] Agreement, Developer shall have at least tl default (the "Cure Period") to take the sp+ During the time periods specified for :cure therewith shall not be considered to be in de Agreement, institution of legal proceedings reunder shall specify in detail the nature of the dch such default may be satisfactorily cured in this Amended Agreement. With regards to any ,d with the terns and conditions of this Amended - •ty (30) days' following receipt of the notice of ified remedial actions and achieve compliance. if a failure of performance, the Party charged ult for purposes of termination of this Amended It respect thereto, or issuance of any permit, map, It with respect to the Project. 7.2 Remedies. Upon the occurrence of an went of Default, the City shall have such rights and remedies against the defaulting Developer as it may have at law or in equity, including, but not limited to, the right to terminate this Amended Agreement or seep mandamus, specific perfoirnatice, injunctive or declaratory relief, but not the right to damages, except to enforce payment obligations provided for under the terms of this Amended Agreement. Notwithstanding the foregoing and except as otherwise provided in Section 8.4 hereof, if either .Developer or City elects to terra inate this Amended Agreement as a result of the occurrence of an went of Default, such proceeding oftermination shall constitute such Party's exclusive and sole remedy, and with respect to such election; T3 Waiver- Remedies"Cumulative. Failure by a Party to insist upon the strict performance of any of the provisions of this Amended Agreement by the tither party shall not constitute waiver of such Party's right to 4822-0001-6929.1 14 72500.0001 1\19550707.1 P60 -001 -- 1786941/ demand strict compliance by such other Party in the future. All waivers must be in writing to be effective or binding upon the waiving Party, and no waiver shall be implied from any omission by a Party to take any action with respect to such Event of Default. No express written waiver of any Event of Default shall affect any other Event of Default, or cover any other period o the specified in such express waiver. T4 Effect of Termination. Termination of this Amended Agreement by one Party due to the other Party's default shall not affect any right or duty emanating from any approvals, permits, certificates or other entitlements with respect to the Project Property or the Project which were issued, approved or provided by the City prior to the date of terrnination'of this Amended Agreement. If City terrinnates this Amended Agreement because of Developer's default, then City shall retain any and all benefits, including money, land or improvements conveyed to or received by the City prior to the date of termination of this Amended Agreement,; subject to any reirribursenient obligations of the City. If Developer terminates this Amended Agreement because of Cit 's default then Developer shall be entitled to all of the benefits arising out of, or approvals, permits, certificates or other entitlements" on account of, any Exactions paid, given or dedicated to, or received by City prior to the date of termination of this Amended Agreement. Except as otherwise provided in this Section 7., all of the rights, duties and obligations of the Parties hereunder shall otherwise cease as of the date of the termination of this Amended Agreement. If this Amended Agreement is the City shall, after such action takes effect, recorded in the official records of the County be borne by the Party causing such action. 7.5 Third Partv Actions. terminated pursuant to any provision hereof., then cause an appropriate notice of such action to be of Riverside. The cost of such recordation, shall .Any court action or proceeding brought by any third party to challenge this Amended Agreement or any permit or approval required from City or any other governmental entity for development or construction of all or any portion of the Project, whether or not Developer is a party defendant to or real party defendant in interest in such action or proceeding, shall constitute a permitted delay ender Section 7.1. . Encumbrances ozi Property. .1 Discretion to Encumber. The Parties hereto agree that this Amended Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Project Property or any portion thereof or any improvements thereon with any Mortgage or either security device securing financing with respect to the Project Property, The City acknowledges that the lenders providing such financing may require certain modifications to this Amended Agreement, and the City agrees upon request, from time -to -time, to meet with Developer and/or representatives of such lenders to negotiate is good faith any such request for modification. 72500.0001 1\ 19 S § 0707.1 4822-0001-6929.1 1 P606-001 -- 1786943.1 City further agrees that it will not unreasonably withhold its ,consent to any such requested modification. 2 Mortgage Protection. This Amended Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Amended Agreement shall defeat, reader invalid, diminish or impair the lien of any Mortgage made in good faith and for value and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a Mortgagee (whether pursuant to a Mortgage, foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise) shall be subject to all of the tenus and conditions of this Amended Agreement. .3 Mortaiiizee Not Obli ated. Notwithstanding the provisions of Section obligation or duty under this Amended Agreement to perfc other affirmative covenants of Developer hereunder, ,or to that to the extent that any covenant to be performed iy° per ortnance of a covenant by City, the perfon-nance there precedent to ity`s performance hereunder. Eith other Party requesti Party, (i) this Amer Parties, (ii) this A modified, identifyin default in the p rfo therein the nature an execute and return acl iowledges that lessees of the bevel 0 ` Tr n< Estonnel Certificates. 3.1, no Mortgagee will have any Tn the obligations of Developer or aarantee such performance, except Developer is a condition to the & shall continue to be a condition r Party may, at any time, and from time time, deliver written notice to the ng such. Party to certify in writing that, to the knowledge of the certifying d d Agreement is in full force and effect and a binding obligation of the ended Agreement has not been amended or modified, or if so amended or g such amendments or modifications, and (iii) the requesting Party is not in ance of its obligations under this Agreement, or if in default, describing ` d amount of any such defaults. A Party receiving a request hereunder shall. such certificate within thirty (0) days following the receipt thereof. City a certificate hereunder may be relied upon by transferees, assignees and open and the holders of any Mortgage. ffirs and Assi nerits° effect ofA ended oeruent on Title. The rights and interests conveyed as provided herein to Developer benefit and. are appurtenant to the Project .Property. Developer has the right to sell, assign and transfer any and all of its rights and interests hereunder and to delegate and assign any and all of its deities and obligations hereunder. Such rights and interests hereunder may not be sold, transferred or assigned and such duties and obligations may not be delegated or assigned except in compliance with the following conditions. (i) Said rights and interests may be sold, transferred or assigned only together with and as an incident of the sale, lease, transferor assigriment of the portions of the 4822-0001-6929.1 16 72500.00011\19550707.1 P606-001 -- 1.786943,1 Project Property to which they relate, including any transfer or assignment pursuant to ally foreclosure of a Mortgage or a deed in lieu of such foreclosure. Following any such sale, transfer or assignment of any of the rights and interests of Developer under this Antended Agreement, the exercise, use and enjoyment thereof shall continue to be subject to the terns of this Amended Agreement to the sarne extent as if the purchaser, transferee or assignee were Developer hereunder. 9.7 Covenants Run with Land. (i) All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Amended Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, lessees, and all rather persons acquiring any rights or interests in the Project Property, or any partisan thereof, whether by operation of laws or in any manner whatsoever, and shall inure to the benefit of :the Parties and their° respective Heirs, successors (y merger, consolidation or otherwise) and assigns; (ii) All of the provisions of this err as equitable servitudes and constitute covenants running law; (in) Each covenant to do or Property hereunder (A) is for the benefit + of and is a ( ) runs with such lands, and (C) is binding upon during its ownership of the Project Property or any and its lands hereunder, and each such other perso lands. .led agreement shall be enforceable ith the land pursuant to applicable -om doing some act can the Project rpon every portion of the Property, each Party and each successive Developer portions thereof, and shall benefit each Marty n or entity succeeding to an interest in such 10. Notices. Any notice to either party shall be in writing and given by delivering the same to such party in person or by sending the same by registered or certified mail, return receipt requested, with postage prepaid, to the following addresses: f to City; City Clerk of the City of Palm Desert 73-510 Fred Waring hive Palm Desert, California 9 260 If to Developer: c/o Prospect Companies parries 153 S. Sierra Avenue, Suite 173 Solana beach, C;A. 92075 Attention: Mr. Mark llellickson Either Warty may change its mailing address at any time by giving written notice of such change to the rather Party in the manner provided herein. All notices under this Amended Agreement shall be deemed given, received, made or :communicated on the date personal delivery is affected or, if railed, can the delivery date or attempted delivery date shown on the return receipt. 4822-0001-6929.1 17 72500M011\19550707.1 P606-001 -- 1786943.1 I t . Indemnification, 11.1 Developer's Obli tion. Developer will defend, indemnify and hold the City and its elected officials, officers, employees, agents and volunteers free and harmless from any loss, cost or liability (including, without limitation, liability arising from injury or damage to persons or property, including wrongful death and worker's compensation claims), which results from (i) any obligation of Developer which arises from the development of the Project Property, including,' without limitation, obligations for the payment of money for material and labor; (h) any failure on the part of Developer to take any action whichitis required to take as provided is this Amended Agreement; (in) any action taken by Developer which it is prohibited from taking as provided in this Amended agreement and (iv) any claim which results from any willful or negligent act or omission of Developer. Anything contained herein notwithstanding City shall be responsible for any loss, cost or liability (including, without limitation, liability arising from injury or damage to persons or property, including wrongful death and worker's compensation claims), which results from or is caused by City's own negligent acts or omissions or intentional conduct, and not caused to any extent by Developer's negligent acts or omissions or intentional. conduct. n the event of any administrative, legal or equitable action instituted by a third party challenging the validity of: any provision of this Amended Agreement, the procedures leading to its adoption., or the Project Approvals for the Project, Developer and City each shall have the right, in its sole discretion, to elect whether or not to defend such action. Developer, at its sole expense shall defend., indemnify, and hold harmless the City (including its agents, officers and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to Developer's approval of counsel, which shall not be unreasonably denied, and at _ Developer's sole expense. If the City is aware of such an action or proceeding, it shall promptly notify Developer and cooperate in the defense. Developer upon such notification shall deposit with City sufficient funds in the judgment of City Finance Director to coves the expense of. defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect information, under the joint defense privilege recognized ed under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect infonnation. Developer and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third party litigation. of Project Approvals without' Developer's consent, which consent shall not be unreasonably withheld, conditioned or delayed. 11.2 Environmental Assurances. Both Parties agree to indemnify and hold the other Party and its elected officials, its officers, employees, agents and volunteers, as may be applicable, free and harmlessfrom any liability deriving from the execution or performance of this Amended Agreement based or asserted upon any act or omission ` of either Party, its officers, agents, employees, contractors, 4822-0001-6929A 1 72500,0001 \1955070TI P606-001--1786943A subcontractors and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to hazardous ardous or toxic materials, industrial hygiene, or environmental conditions created by the other Party or its officers agents or employees, contractors, subcontractors and independent contractors after the Effective Date on or under the Project Property, including, but not limited to soil and groundwater conditions, and each Party shall defend, at its expense, including attorneys fees, the other Party and its elected officials, employees, agents and volunteers, as applicable, in any action based or asserted upon any such alleged act or omission. Either Party may in its discretion participate in the defense of any such action.. The provisions of this Section 11.2 shall survive the termination or expiration of this Amended Agreement. 12. Miscellaneous. 12.1 Relat onshin of Parties. The Parties specifically acknowledge that this Amend negotiated and knowingly and voluntarily entered int o Done of the-ternis or provisions of this Amended Agreement shall be deemed to create -a partnership between or among the Parties in the business of Developer, the affairs of the City, or otherwise. City- and Developer hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained in this Amended Agreement or in any document executed in connection with this Amended Agreement shall be construed as making the City and Developer joint venturers or partners. The only relationship between the City and Developer is that of a goverrimental entity regulating development and the Developer of the Project Property and developer of the Project. 12.2 Consents. Unless otherwise herein provided, whenever approval, consent, acceptance or satisfaction (collectively, a "Consent") is required of a Party pursuant to this Amended Agreement, it shall not be,unreasonably withheld or delayed. Unless provision is otherwise specified in this Amended Agreement or otherwise required by law for a specific time period, Consent shall be deemed ed given within thirty (30) days after receipt of the written request for Consent, and if a Party shall neither approve nor disapprove within such thirty' () day period, or other time period as may be specified in this Amended Agreement or otherwise .required by lad for Consent, that Party shall then be deemed to have given its consent. If a Party shall disapprove, the reasons therefor shall be stated in reasonable detail in writing. This Section does not apply to development approvals by the City. 48-0001-6929A 1 725W0001 1\1 s550707A P60 -001 -- 1786943A 12.3 Not a Public Dedication. Except as otherwise expressly provided herein, nothing herein contained shall be deemed to be a gift or dedication of the :project property, or of the Project or any portion thereof, to the general public, for the general public, or for any ,public use or purpose whatsoever, it being; the intention and understanding of the Parties that this Amended - Agreement be strictly limited to and for the purposes herein expressed for the development of the Project as private property. 12.4 Sev rabilit . If y tern, provision covenant or condition of this Amended Agreement shall be determined invalid, void or unenforceable by judgment or court order, the remainder of this Amended Agreement shall remain in full force and effect, unless enforcement of this Amended Agreement as so invalidated would be unreasonable or grossly inequitable under all the relevant circumstances or would frustrate the purposes of this mended Agreement. 12.5 Exhibits. Each reference to a Section or Exhibit in this Amended Agreement shall mean the sections of this Amended Agreement and the exhibits attached to this Amended Agreement, unless the context requires otherwise. Each such exhibit is incorporated herein by this reference, 12.6 Entire Agreement. This written Amended Agreement and the Exhibits, hereto contain all the representations and the entire agreement between the Parties with respect to the subject ratter hereof. Except as otherwise specified in this Amended Agreement and the Exhibits hereto, any prior correspondence, memoranda, agreements, warranties or representations are superseded in total by this Amended Agreement and Exhibits hereto. 12.7 Governin Law ° onst ction of A ' ee ent. This Amended Agreement, and the rights and obligations of the parties, shall be governed by and interpreted in accordance with the laws of the State of California. The previsions of this Amended Agreement and the Exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties hereunder. The captions preceding the text of each. Section and subsection hereof are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Amended Agreement, Wherever required by the context, the singular shall include the plural and vice versa. 48?3-0001-692U 2 72500,0001 r ;r 955070'7. r P606-001 -- 178 943A 1.1i gnature Pages. The signatures of the Parties of this Amended Agreement may be executed and acknowledged on separate pages which, when attached to this Amended Agreement, shall constitute this as one complete agreement. Time is of the essence of this Amended slid condition hereof. 1110 Prevailina Part'O If any Party to this Amended A obligations hereunder, or if a dispute arises with r provision hereof or the perfonnance of the obligati or the Party not prevailing in such dispute, as the casts and expenses (including without limitation, and expenses) incurred by the ether Party with establishing its rights hereunder. The Recitals and all defined r this Amended Agreement as if fully and i~orr 12.12 Third PartvBeneficiai 12.13 Interment S. s set forth hereir letely rewritten. each and ;every term are hereby incorporated into riade and entered into for the sole protection and ,iceessors-in-interest, heirs and assigns. No ether ion based upon any provision in this Amended This Amended Agreement is the product of mutual negotiations and participation by both the City and Developer. For purposes of construing the meaning or effect of this Amended Agreement, or any portion hereof, it shall be presumed this Amended Agreement was drafted by both Parties and not as if it had been prepared by one Party or the ether. Each Party to this Amended Agreement specifically acknowledges that it had sufficient opportunity to review the Amended Agreement, confer with its separate legal counsel regarding the meaning of this Amended Agreement and any provision contained herein, and negotiate revisions to this Amended Agreement. Each Party relies solely upon its own judgment and the advice of its counsel in interpreting the provisions of this Amended Agreement and is not relying on any representation, interpretation, presumed assent, or implied agreement of the other Party which is not expressly contained in this Amended Agreement. Accordingly, neither Party shall use or 725W00011\1955070T I P606-001 -- 17869411 rely upon California Civil Code Section 1654 in order to interpret any uncertainty it the meaning of this Amended Agreement, IN WITNESS WHEREOF, the Parties have executed this Amended Agreement as of the date and year first above -written. DEVELOPER: Prospect LCI, L:LC", a California limited liability company By: Mark Hellickso , Manager CITY: CITY OF PALM under the laws of tI By. Susan Marie Approved as to By; David J. E City Attorr Best & Krieger LLP 4822.0001-6929.1 2 organized and existing 72500.00011i19550707.1 P606-001 -- 1786943.1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attaclied, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Riverside ) On , before me, personally appeared g who pri satisfactory evidence to be the person(s) whose na e(s) is/are subsc acknowledged to me that he/she/they executed the same in his/her/t that by his/her/their signature(s) on the instrument the person(s), or person(s) acted, executed the instrument. a Notary Public, ,ed to me on the basis of bed to the within instrument and it authorized capacity(ies), and e entity upon behalf of which the I certify under PENALTY OF PERJURY under the lags of the State of California paragraph is true and correct. WITNESS my Band and official seal. A notary public or other officer document to which this certifici State of California County of Riverside On I certify under PENALTY paragraph is true and correct. the fo ego t nipletinl this certificate wrifies only the identity of the individual who signed the is attacld, and not the truthfulness, accuracy, or validity of that document. ) aefore me, , a Notary Public, o proved to me on the basis of person(s) whose name(s) is/are subscribed to the within instrument and E/they executed the same in his/her/their authorized capacity(ies), and 5) on the instrument the person(s), or the entity upon behalf of which the astrunient. PERJURY under the laws of the State of California that the foregoing WITNESS my hand and official seal. 72500.00011 \ 195 50707.1 P606-001 -- 1786943.1 EXHIBIT A. PROJECT PROPERTY [description per new parcel map] 4822-0001-6929,1 24 72500,0001 1\1 9550707.1 P606-001 -- 17869411 72500,00011 \1 9550707.1 EXHIBIT B DEPICTION OF UNITS 4822-0001-6929A 25 P606-001 -- 17869411 0 ^ m . } m CD l co 0 «a �� / 3% 3 48--22-mew a126 25W000 1 m 9550707.1 G06k!?496«4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NOTICE OF EXEMPTION OF ENVIRONMENTAL IMPACT AND A PRECISE PLAN APPLICATION FOR THE EXPANSION OF A SENIOR LIVING FACILITY LOCATED ON THE SOUTHWEST CORNER OF CATALINA WAY AND SAN PASCUAL AVENUE CASE NOS: PP/EA 15-086 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of August 2015, hold a duly noticed public hearing to consider the request by Prospect Companies for approval of the above noted, and adopted Planning Commission Resolution 2655 recommending approval of the expansion of an existing Senior Living Facility and supporting applications, to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of October, 2015, hold a duly noticed public hearing to consider the request by Prospect Companies, for approval of amendments to a Development Agreement, Precise Plan, and Change of Zone applications for a Senior Living Facility, and approved a notice of exemption for the above noted project; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, in that the Director of Community Development has determined that the project will not have a negative impact on the environment and qualifies as a Class 32 (In -Fill Development) Categorical Exemption for the purposes of CEQA has a Notice of Exemption has been prepared for Council adoption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons to exist to justify the approval of said request: 1. That the proposed expansion of the Senior Living Facility is architectural compatible with the existing facility and surrounding residential properties, and 2. That the proposed expansion of the Senior Living Facility is compatible with the City's General Plan and Zoning requirements, and that the facility implements portions of the Palma Village Specific Plan, which identified this type of land use near the Joslyn Center. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. RESOLUTION NO. 2. That the City Council does hereby approve Precise Plan application, and adopts a Notice of Exemption, as proposed. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 8th day of October, 2015, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SUSAN MARIE WEBER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA GAPlanning\Enc Ceta\Case Files\PP\PP 15-086 Legend Garden Expansion\City Coundl\CC Resolution (Legends).docx II RESOLUTION NO. CONDITIONS OF APPROVAL CASE NOS. DA/PP/CUP 15-086 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to the approved Development Agreement, all Palm Desert Municipal ordinances, and state and federal statutes now in force, or which hereafter may be in force. 3. The applicant shall furnish proof that the Development Agreement has been recorded with the County of Riverside prior to the issuance of building permits for the construction of the expansion of the Senior Living Facility and site improvements. 4. Prior to issuance of a building permit for construction of any use or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Public Works Department Fire Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & Safety at the time of issuance of a building permit for the use contemplated herewith. 5. The applicant shall comply with the recommendations made by the City's Architectural Review Commission as provided for in their Notice of Action dated July 23, 2015, including ensuring that HVAC units are properly screened. 6. Expansion and access to trash service areas shall conform to the approved plans provided by Burrtec Waste Industries. 7. Storage of unregistered vehicles at the Senior Living Facility parking lot is prohibited and the applicant shall not allow vehicles to stay parked within the Facility parking lot that are not registered in the State of California and/or do not have an owner with a valid driver's license. 8. The applicant shall install an six (6) foot high block wall along the southern property line of the expanded facility. The block wall shall match the existing block wall along G \Planning\Enc Ceja\Case Flles\PP\PP 15086 Legend Garden Expansion\City Counal\CC Resolution (Legends) docx 3 RESOLUTION NO. the southern property line of the existing facility. Final wall plans shall be submitted to the City's Community Development Department for approval prior to issuance of a building permit to construct the wall. 9. The applicant shall work with Community Development staff on the final patio wall design along the Catalina Way and San Pascual Avenue to ensure walls are consistent with the City's Fence and Wall Ordinance and the existing patio walls along San Carlos Avenue. Final wall design shall be for a decorative block wall not to exceed five (5) feet in height. Final wall plans shall be submitted to the City's Community Development Department for approval prior to issuance of a building permit to construct the wall. 10. All sidewalk plans shall be reviewed and approved by the Department of Public Works. 11. Lighting plans shall be submitted in accordance with P.D.M.C. Section 24.16 for any landscape, architectural, street, or other lighting types within the project area. 12. The applicant shall receive approval and record a Parcel Map Waiver with the City and Riverside County for the merger of the four parcels prior to issuance of a grading permit for the parcels along San Pascual Avenue. 13. Upon completion of the new buildings the applicant shall repaint the exterior of the existing Legend Gardens facilities to ensure that both new and old buildings match and appear as a single facility. DEPARTMENT OF PUBLIC WORKS: 14. The applicant shall submit a grading plan to the Department of Public Works for review and approval. Any changes to the approved civil or landscape plans must be reviewed for approval prior to work commencing. 11. The grading plan shall identify all proposed and existing utilities. 12. Proposed easement quitclaims/abandonments shall be recorded before grading permits are issued. 13. A parcel map waiver for lot line adjustment shall be submitted for review and approval to create a single parcel prior to grading permit issuance. 14. The applicant shall submit a PM10 application for approval. The applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control. 15. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. GAPlanning\Eric Ceja\Case Files\PP\PP 15-086 Legend Garden Expansion\City Counpl\CC Resolution (Legends).docx 4 RESOLUTION NO. 16. The applicant shall pay the appropriate signalization fee in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with Section 26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number 653. 17. The applicant shall submit a landscape plan concurrently with the precise grading plan for review and approval. Applicants are advised to use the City of Palm Desert Design Guide when designing plans. Landscape plans must meet the following criteria: a. Must be water efficient in design and meet the City of Palm Desert's Water Efficient Landscape Ordinance. b. Planting plans must show location of proposed and existing utilities. c. Must match approved civil plans. d. All specs and details must be site specific. e. Applicants must have CVWD approval of their irrigation plans prior to City approval. f. Applicants must have a stamp or signature from the County Agricultural Commissioner before City approval. BUILDING AND SAFETY DEPARTMENT 18. This project shall comply with the latest adopted edition of the following codes: a. 2013 California Building Code and its appendices and standards. b. 2013 California Plumbing Code and its appendices and standards. c. 2013 California Mechanical Code and its appendices and standards. d. 2013 California Electrical Code. e. 2013 California Energy Code f. 2013 California Green Building Standards Code g. Title 24, California Code of Regulations. h. 2013 California Fire Code and its appendices and standards. 19. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 20. A disabled access overlay of the precise grading plan is required to be submitted to the Department of Building and Safety for plan review of the site accessibility requirements as per 2013 CBC Chapters 11A & B (as applicable) and Chapter 10. 21. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-206) 22. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B-705.1.2.2. The designer is also required to meet all ADA requirements. Where G:\Planning\Enc Ceja\Case Files\PP\PP 15-086 Legend Garden Expansion\City Counol\CC Resolution (Legends).docx RESOLUTION NO. an ADA requirement is more restrictive than the State of California, the ADA requirement shall supersede the State requirement. 23. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Department of Building and Safety. 24. All contractors and subcontractors shall have a current City of Palm Desert business license prior to permit issuance per Palm Desert Municipal Code, Title 5. 25. All contractors and/or owner -builders must submit a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 26. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert Municipal Code 15.28). Compliance with Ordinance 1265 regarding street address location, dimension, stroke of line, distance from street, height from grade, height from street, etc. shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons that may render the building address unreadable shall be addressed during the plan review process. You may request a copy of Ordinance 1265 or Municipal Code Section 15.28 from the Department of Building and Safety counter staff. 27. Please contact Cherie Williams, Building and Safety Technician, at the Department of Building and Safety (760-776-6420) regarding the addressing of all buildings and/or suites. FIRE DEPARTMENT 28. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 29. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 2,000 GPM at 20-PSI residual operating pressure for a two-hour duration. 30. The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flows standards. Hydraulic calculation will be required with the underground submittal to ensure fire flow G \Planning\Enc Ceja\Case Files\PP\PP 15086 Legend Garden Expansion\City Counol\CC Resolution (Legends) docx M I:T���l��jiit�7►�`�C�� requirements are being met for the on -site hydrants. The plans must be submitted and approved prior to building permit being issued. 31. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permits. 32. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau prior to issuance of building permits. 33. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. 34. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of fire riser sprinkler rooms. G:\Planning\Enc Ceja\Case Ries\PP\PP 15086 Legend Garden Expansion\City Coundl\CC Resolution (Legends).docx 7 • IIIY 01 P?IM P I S I E � 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 76o 346—o61t FAx:76o 341-7098 info@palm-desert.org CITY OF PALM DESERT LEGAL NOTICE CASE NOs. DA/PP1ZC/EA 15-086 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT CITY COUNCIL TO CONSIDER A REQUEST BY PROSPECT COMPANIES, FOR APPROVAL OF A DEVELOPMENT AGREEMENT AMENDMENT, PRECISE PLAN, CHANGE OF ZONE, AND A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE EXPANSION OF THE LEGEND GARDENS ASSISTED LIVING FACILITY, INCLUDING 15 NEW ASSISTED LIVING UNITS AND 12 MEMORY CARE UNITS AT THE SOUTHWEST CORNER OF CATALINA WAY AND SAN PASCUAL AVENUE The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), has determined that this project is Categorically Exempt from CEQA review under Class 32 — 15332 In -Fill Development Projects as the expansion of this facility is consistent with the City's General Plan and zoning regulations, the project site is less than five (5) acres in size and is surrounded by urban uses, the project site has no value as habitat, existing utilities serve the project site and are available, and approval of the project will not result in significant impacts to traffic, noise, air quality or water quality. Project Location/ Description: Project Location: 44-401 and 44-431 San Pascual Avenue and 73-685 Catalina Way Project Description: A Development Agreement Amendment, Precise Plan, and Change of Zone application have been submitted for the expansion of the existing Legend Gardens Assisted Living facility. The expansion includes the demolition of two existing single-family homes along San Pascual Avenue and replacing them with four new buildings for 15 assisted living units, 12 memory care units, congregate dining and recreation areas, new perimeter landscape and sidewalk improvements. The expansion will architecturally match the existing Legend Gardens facility and the entire facility will utilize the existing seventeen (17) stall parking lot along Catalina Way. Recommendation: Staff is recommending approval for the expansion of the existing assisted living facility subject to Conditions. Planning Commission: The Palm Desert Planning Commission considered the applications at their meeting on August 18, 2015, and recommended that the City Council approve the applications as presented and subject to conditions. Public Hearing: The public hearing will be held before the City Council on October 8, 2015, at 4:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period on this project is from September 26, 2015 to October 8, 2015. Public Review: The Amended Development Agreement, Precise Plan, Change of Zone, and related documents are available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the City Council hearing. All comments and any questions should be directed to: Eric Ceja, Associate Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760)346-0611 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN RACHELLE D. KLASSEN, CITY CLERK September 26, 2015 CITY OF PALM DESERT, CALIFORNIA NOTICE OF EXEMPTION TO: I FROM: ❑ Office of Planning and Research P. O. Box 3044, Room 113 Sacramento, CA 95812-3044 ❑ Clerk of the Board of Supervisors Address or County Clerk County of Riverside 1. Project Title: Legend Gardens Expansion 2. Project Applicant: Prospect Companies 3 4. 671 6. Project Location — Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): (a) Project Location — City: Palm Desert Description of nature, purpose, and beneficiaries of Project: Name of Public Agency approving project: City of Palm Desert 73-150 Fred Waring Drive Palm Desert, CA 92260 73-685 Catalina Way, 44-401 San Pascual Avenue, 44-431 San Pascual Avenue (b) Project Location — County: Riverside Legend Gardens is an existing 20-unit senior living facility located at the southeast corner of Catalina Way and San Carlos Avenue. The applicant has acquired two adjoining parcels to the east, along San Pascual Avenue, with plans to expand the facility to 47-units; 35-units for assisted living and 12-units for memory care. The facility is directly across the street from The Joslyn Senior Center and is located in a portion of the City that encourages the development of senior housing. Ten beds in the facility will be reserved for lower- and moderate -income persons based on Supplemented Security Income. City of Palm Desert Notice of Exemption FORM "B" 7. Name of Person or Agency undertaking the Prospect Companies project, including any person undertaking an Mark Hellickson activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity: 8. Exempt status: (check one) (a) ❑ Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § (b) ❑ (c) ❑ (d) (e) ❑ 9 U 15268) Not a project. Emergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) Categorical Exemption. Class 1: 15301 — Existing Facilities; State type and section number: Class 32: 15332 - In -Fill Development Project (Pub. Res. Code § 21083.3(a)(b)(e) and State CEQA Guidelines § 15301(L)(1)) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) M ❑ Statutory Exemption. State Code section number: (g) ❑ Other. Explanation: Reason why project was exempt: Expansion of existing Assisted Living Facility on less than Lead Agency Contact Person: Telephone: 2 acres surrounded by existing urban development and utility services. Demolition of two single-family homes is also exempt under CEQA Guidelines 15301(L)(1). Eric Ceja, Associate Planner (760)346-0611 11. If filed by applicant: Attach Preliminary Exemption Assessment (Form "A") before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project'? Yes ® No ❑ 13. Was a public hearing held by the lead agency to consider the exemption'? Yes ® No ❑ If yes, the date of the public hearing was: September 10, 2015 Signature: ® Signed by Lead Agency Date Received for Filing: (Clerk Stamp Here) Date: ❑ Signed by Applicant Authority cited: Sections 21083 and 21100, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. Title: Notice of Exemption FORM "B" 'H I y aF P [M 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-o6ii info@ciryofpalmdesert.org PLANNING COMMISSION MEETING NOTICE OF ACTION August 19, 2015 Prospect Companies 153 South Sierra Avenue, Suite 173 Solana Beach, California 92075 Subject: Consideration of a Recommendation to the City Council for Approval of an Amendment to a Development Agreement, a Precise Plan, a Change of Zone, a Parcel Map Waiver, and a Categorical Exemption under the California Environmental Quality Act for the Expansion of the Legend Gardens Senior Living Facility The Planning Commission of the City of Palm Desert considered your request and took the following action at its regular meeting of August 18, 2015: The Planning Commission granted approval recommending to the City Council for approval of Case Nos. DA/PP/CZ/PMW/EA 15-086 by adoption of Planning Commission Resolution No. 2655, subject to conditions. Motion carried by a 5-0 vote. Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen (15) days of the date of the decision. Lauri Aylaian, Secretary Palm Desert Planning Commission cc: File Building & Safety Department Public Works Department Fire Marshal t.� f'IiN1EU 0 IF(Y((F01.11F1 July 29, 2015 � I I Y 0 1 FBIM 0EJERi 7 3 - 5 1 o FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL:76o 346—o6ii info@cityofpalmdesert.org ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO: PP/CZ/DA 15-86 APPLICANT AND ADDRESS: PROSPECT COMPANIES, 153 South Sierra Avenue, Suite 173, Solano Beach, CA 92075 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of preliminarily approving construction of four (4) new buildings consisting of 12 memory care units and 15 Assistive Living units; Legend Gardens. LOCATION: 73-685 Catalina Way ZONE: R-1 Upon reviewing the plans and presentations submitted by staff and by the applicant, the Architectural Review Commission granted approval subject to: 1) architecture integrated into the building on the east and west elevations; 2) parapets shall be as high as the HVAC equipment. Date of Action: July 28, 2015 Vote: Motion carried 6-2 with Commissioners Levin and McAuliffe absent (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re -submitted to the Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. M C C C- CMN a ■ ■ ASSOCIATES EMAIL TRANSMITTED April 24, 2015 Mr. Eric Ceja Associate Planner Community Development Department City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 RE: Legend Gardens Assisted Living Expansion Project Parking Analysis Dear Mr. Ceja, Legend Gardens (the "Client") is proposing to expand the existing assisted living facility from 21 units to 48 units. The Project is located at 73685 Catalina Way in the City of Palm Desert (the "City"). The current site provides 17 parking spaces, which will remain for the future use. The current driveway along Catalina Way will remain as the only vehicle access point. The City is concerned that the available parking on the Project site will not be sufficient to serve the future use, especially during the weekday late afternoon and weekend late morning and afternoon periods. To determine the future Project parking demand, the City is requiring that the Project submit the appropriate evidence documenting parking demand at the current site in order to demonstrate that the current parking supply of 17 spaces will satisfy the future Project parking demand. Study methodologies and survey periods have been discussed and agreed by the City of Palm Desert staff. Per City staff's recommendation, Crain & Associates has conducted a parking survey at the current Project site to estimate the parking demand during the peak parking demand periods, and compared that data with the parking supply. The analysis details are described below. 300 Corporate Pointe Suite 470 Culver City, CA 90230 310 473 6508 (main) 310 444 9771 (fax) www.crainandassociotes.com Crain & Associates April 24, 2015 Page 2 Current Site Parking Demand A parking demand survey was conducted at the Project site at 73685 Catalina Way in the City of Palm Desert during the peak parking periods on Thursday, April 9, Saturday, April 11 and Sunday, April 12, 2015. The survey results showing the current site parking demand during the peak periods on Thursday, Saturday and Sunday are included in Table 1. As shown in Table 1, the peak parking demand is 8 spaces during 3:15-3:45PM and 4:30-4:45PM periods (a total of 45 minutes out of 12 hours entire survey period, or 6% of the entire peak parking survey periods) on the Saturday afternoon. The rest of the survey periods have shown a lower parking demand of less than 7 spaces. Currently, there is 1 car parked on -site owned by a resident of the facility. Table 1 Parking Demand Thursday, April 9, 2015 Parking Demand Average Supply 10:00 10:15 10:30 10:45 11:00 11:15 11:30 11:45 12:00 Demand 17 4 5 5 5 6 6 5 5 7 5 Average Supply 17:00 17:15 17:30 17:45 18:00 18:15 18:30 18:45 19:00 Demand 17 6 5 6 4 3 3 3 3 3 4 Saturday, April 11, 2015 Parking Demand Average Supply 10:00 10:15 10:30 10:45 11:00 11:15 11:30 11:45 12:00 Demand 17 4 4 4 4 5 6 6 6 6 5 Average Supply 15:00 1515 15:30 15:45 16:00 16:15 16:30 16:45 17:00 Demand 17 7 8 8 6 6 6 8 6 6 7 Sunday, April 12, 2015 Parking Demand Average Supply 10:00 10:15 10:30 10:45 11:00 11:15 11:30 11:45 12:00 Demand 17 4 4 4 4 5 6 6 6 6 5 Average Supply 15:00 15:15 15:30 15:45 16:00 16:15 16:30 16:45 17:00 Demand 17 6 6 6 6 5 5 5 5 5 5 Future Project Parking Demand To be conservative, the peak 45 minutes parking demand of 8 spaces was used to calculate the future Project peak parking demand. As shown in Table 2, the expansion of the facility from 21 units to 48 units would increase peak parking demand from 8 spaces to 18 spaces. Existing Site Future Project Table 2 Future Project Peak Parking Demand Proiect Size Peak Parking Demand 21 unit 8 Peak Parking Demand Ratio 0.38 space/unit 48 unit 18 0.38 space/unit Crain & Associates April 24, 2015 Page 3 Based on the above calculation, the Project site parking supply is 1 space less than the future peak period parking demand. However, almost half of the expanded units (12 units) are designated to be Memory Care units. The residents in these units would need special care, can't legally drive and wouldn't generate parking demand. Therefore, in reality, the future expanded Project would have a lower parking demand than the calculated 18 spaces. The total on -site parking supply of 17 spaces would satisfy future peak period parking demand. In addition, there are plenty of on -street parking spaces along Project frontage streets — San Carlos Avenue and Catalina Way and many other streets within reasonable walking distance. The potential future peak period parking shortage of 1 space would be sufficed by the off -site on - street parking spaces. Conclusion As shown in the above analysis, a maximum of 8 parked cars were observed during the peak periods (45 minutes out of 12 hours peak parking survey periods) on weekday and weekend at the Project site. The future parking supply of 17 spaces is 1 space less than the calculated future peak period (less than 1 hour per week) parking demand. However, due to the development of 12 Memory Care units, less parking demand is expected. With the off -site on -street parking supplies, this potential 1 space parking shortage during less than 1 hour peak period per week would not generate parking impact in the neighborhood. 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