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HomeMy WebLinkAboutRes No 1133PLANNING COMMISSION RESOLUTION NO. 1133 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT RELATING TO LOWER INCOME RENTAL CONTROL FOR A 20 UNIT SENIOR CITIZEN APARTMENT PROJECT LOCATED AT THE SOUTHWEST CORNER OF CATALINA WAY AND SAN CARLOS AVENUE. CASE NO. DA 86-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of April, 1986, hold a duly noticed public hearing to consider the request of L 8 T DEVELOPMENT CO. for approval of a development agreement relating to the affordable housing requirements for a 20 unit conventional senior housing project on the southwest corner of Catalina Way and San Carlos Avenue. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify their actions: 1. The proposed development agreement satisfies the intent and purpose of the Senior Housing Overlay and the General Plan Housing Element. 2. The development furthers the general welfare by requiring the construction of needed senior housing affordable by low and moderate income senior citizen households. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case; 2. That approval of DA 86-2 Exhibit "A" is hereby recommended to the city council. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 1st day of April, 1986, by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARDS, WOOD, AND CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE ATT 17 RAMON A. DIAZ, Sec el9 • FO ITES, Chairman PLANNING COMMISSION RESOLUTION N0. 1133 EXHIBIT "A" L & T DEVELOPMENT COMPANY AFFORDABLE SENIOR HOUSING DEVELOPMENT AGREEMENT This agreement, made as of this day of , 1986 between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and L 8 T Development Co., (hereinafter "DEVELOPER") provides: Recitals 1. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1, attached hereto and made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and been granted approval of a precise plan/conditional use permit (PP/CUP 86-12) to construct 20 conventional senior housing units on the PROPERTY. 2. As a condition of said approval, CITY and DEVELOPER have agreed that 20% of units associated with the project be set aside for lower income occupants subject to restrictions necessary to insure the continued occupancy of said units by lower income senior citizen households. These units shall hereafter be referred to as "AFFORDABLE SENIOR UNITS." 2 PLANNING COMMISSION RESOLUTION NO. 1133 3. DEVELOPER and CITY desire to further memorialize and implement the conditions of said approval and do hereby agree to the following terms and conditions. 4. As used herein, the following terms shall be defined as: A. SENIOR CITIZEN HOUSEHOLD - Maximum two person household of which one member is 62 years of age or older. B. CONVENTIONAL SENIOR HOUSING - Rental or ownership units designed and restricted to healthy ambulatory senior citizens who remain capable of performing most activities associated with independent daily life. Other than having smaller units and possessing design features and recreational amenities more compatible with a less active lifestyle conventional senior housing resembles standard housing. C. LOWER INCOME SENIOR CITIZEN HOUSEHOLD - Senior Citizen Households whose gross income does not exceed 80% of the median income for a one person household for Riverside County based upon financial and demographic data received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is included in 3 PLANNING COMMISSION RESOLUTION NO. 1133 Exhibit "2" and shall be up dated automatically as current data is obtained from HUD. If in the future, more relevant data is made available specifically applicable to senior citizens by (HUD) or other officially recognized agencies, such data shall become the basis of this agreement. Agreement 1. DEVELOPER has been conditionally granted permission by the CITY to construct 20 rental conventional senior housing units on the PROPERTY by Precise Plan/Conditional Use Permit 86-12 Planning Commission Resolution No. As a condition of said approval DEVELOPER hereby agrees to reserve and make affordable four studio units for lower income senior citizen households. 2. Monthly rents for the AFFORDABLE SENIOR UNITS shall not exceed 30% of the maximum gross monthly income as shown for lower income households in Exhibit "2". 3. The DEVELOPER or his assigned management agent shall be responsible for determining eligibility of prospective tenants. Prior to opening the project the DEVELOPER shall submit for approval a plan to the CITY describing the procedure for determining and enforcing eligibility requirements. This plan shall include annual qualification by all 4 PLANNING COMMISSION RESOLUTION N0. 1133 eligible households and a annual audit at the DEVELOPERS'S cost by the CITY or its assigned agents determining compliance with all aspects of this agreement. 4. The DEVELOPER shall not discriminate on the basis of race, creed, sex or national origin. 5. The provisions of this agreement shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. 6. This agreement shall be reviewed by the CITY planning commission every 6 months, at which time the applicant or his successor shall be required to demonstrate good faith compliance with the terms of the agreement. If as a result of this review, the commission finds and determines, on the basis of substantial evidence, that the applicant has not complied in good faith with terms or conditions of the agreement, it shall recommend to the city council that the agreement be modified or terminated. If the city council concurs with the planning commission recommendation the agreement shall be modified or terminated. Proceeding before the city council shall be a noticed public hearing. If at the time of the hearings 5 PLANNING COMMISSION RESOLUTION N0. 1133 substantial improvements have not yet occurred on the site, termination of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated then enforcement of provisions of this agreement shall be pursued through legal action per No. 6 of this AGREEMENT. 7. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reasons held to be unenforceable, such determination shall not affect the validity of the remaining portions. 8. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. 9. The terms of this agreement shall remain in force as long as the PROJECT remains in existence. 6 PLANNING COMMISSION RESOLUTION N0. 1133 IN WITNESS WHEREOF the parties have executed this Agreement the year and date first above written. (Notarized) ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California /tm 7 THE CITY OF PALM DESERT By By L & T DEVELOPMENT CO. By PLANNING COMMISSION RESOLUTION NO. 1133 EXHIBIT "1" Legal Description Parcel 1 The east 1/2 of Lot 24 Palma Village Groves per map book 20 page 51 Riverside County. Parcel 2 8 3 The portion of Lot 24 of Palma Village Groves per map book 20 page 51, Riverside County. 8 PLANNING COMMISSION RESOLUTION N0. 1133 EXHIBIT "2" AFFORDABLE HOUSING INCOME AND RENT SCHEDULE - 1986 Income Rent Lower - $15,000 Lower - $375