HomeMy WebLinkAboutRes No 1540PLANNING COMMISSION RESOLUTION NO. 1540
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
TO THE CITY COUNCIL THAT PROCEEDINGS BE
INITIATED TO CONSIDER TERMINATION OF
DEVELOPMENT AGREEMENT 88-1 ORDINANCE NO. 538
RELATING TO THE CONSTRUCTION OF LOW INCOME
SENIOR HOUSING.
CASE NOS. DA 88-1, PP/CUP 89-18
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 15th day of October, 1991, hold a review of
the progress towards completion of Precise Plan 89-8 and compliance
by Cable and Rylee, Inc., to the terms of DA 88-1; and
WHEREAS, at said review, 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 justify a recommendation of termination of DA 88-1:
1. There exists critical need for affordable senior housing
in the City of Palm Desert.
2. The approved senior housing project was intended to
address this need.
3. The City's Redevelopment Agency is subject to a
settlement judgement of a lawsuit which requires the
Redevelopment Agency to acquire, build and subsidize at
least 1359 units. The completion of this project is an
important component of that program.
4. The city spent $570,000 of affordable housing funds in
January of 1989 to purchase property for the project.
These funds were collected from another developer for the
express purpose of providing affordable senior housing.
That goal cannot be accomplished if the completion of the
project is indefinitely delayed.
5. The city has complied with all obligations of the
Development Agreement.
6. Cable and Rylee's first, most basic obligation under the
agreement was to secure construction and long-term
financing commitments. After 33 months they have failed
to obtain a commitment for construction financing.
7. By executing the Agreement, Cable and Rylee implied that
they had the financial capability to secure construction
financing. Thirty-three months is a reasonable time to
have demonstrated that ability.
PLANNING COMMISSION RESOLUTION NO. 1540
8. Given a lack of substantial evidence to the contrary, the
commission concludes that Cable and Rylee is not
financially capable of performing under the Agreement and
the city should pursue other alternatives leading to the
construction of the project.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Palm Desert, California, as follows:
1. That the above recitations are true and correct and
constitute the findings of the commission in this case.
2. That the Planning Commission recommends termination of
DA 88-1 Ordinance 538 and that a public hearing be held
before the city council to consider such termination.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 15th day of October, 1991,
by the following vote, to wit:
AYES: DOWNS, JONATHAN, RICHARDS, SPIEGEL, WHITLOCK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
.letpprdzi
RAMON A. DIAZ, Sectary
PD/tm
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CAROL WHITLOCK, Chairpe son
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