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HomeMy WebLinkAboutRes No 1779PLANNING COMMISSION RESOLUTION NO. 1779 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AFFORDABLE HOUSING DEVELOPMENT AGREEMENT RELATING TO AFFORDABLE HOUSING REQUIREMENTS. CASE NO. DA 97-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of January, 1997, hold a duly noticed public hearing to consider the request of General Construction Management Company for approval of DA 97-1; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to justify recommending approval of said development agreement: 1. The proposed development agreement is consistent with the intent and purpose of the Senior Overlay zoning requirements and the General Plan Housing Element. 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 Planning Commission in this case. 2. That approval of DA 97-1 Exhibit "A" is hereby recommended to City Council for approval. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th, day of January, 1997, by the following vote, to wit: AYES: BEATY, CAMPBELL, FERNAND JONA %' A , FERGUSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: Secretary anning Commission AMESAT i FERG SON, Chairperson PLANNING COMMISSION RESOLUTION NO. 1779 EXHIBIT "A" SENIOR HOUSING DEVELOPMENT AGREEMENT GENERAL CONSTRUCTION MANAGEMENT COMPANY THIS AGREEMENT is entered into this , day of ,1997, between General Construction Management Company, (hereinafter "Property Owner") and the City of Palm Desert, (hereinafter "City"), a municipal corporation organized and existing under the laws of the state of California. RECITALS This Agreement is predicated upon the following facts: A. Government Code Sections 65864-65869.5 authorize the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property; B. 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 (PP 96-1 1) to construct 20 assisted living senior housing units on the PROPERTY; 2 PLANNING COMMISSION RESOLUTION NO. 1779 C. The DEVELOPER has applied for precise plan approval pursuant to Chapter 25.52 of the Zoning Ordinance, Senior Housing Overlay District which allows for significant density increases in return for building specialized housing designed and restricted to residents over age 55 years; D. Pursuant to Section 25.52.030 F, Affordability Requirements of the Municipal Code and as a condition of said approval, City has required that a specified number of units associated with the project be set aside for lower and moderate income occupants subject to restrictions necessary to insure the continued occupancy of said units by lower income and moderate senior citizen households; E. The City Council of City has found that the development agreement is consistent with the General Plan (and the Palma Village Specific Plan), and Senior Overlay; and NOW, THEREFORE, the parties agree: 1. Definitions. In this Agreement, unless the context otherwise requires: (a) "City" is the City of Palm Desert. (b) "Project" is the development to be constructed in the City pursuant to Precise Plan 96-1 1. (c) "Property Owner" means the person having a legal or equitable interest in the real property as described in paragraph (3) and includes the Property Owner's successor in interest. (d) "Real Property" is the real property referred to in paragraph (2). 3 PLANNING COMMISSION RESOLUTION NO. 1779 (e) "Useful Life of the Project" is the greater of thirty (30) years or the period of time which the Project remains habitable, with reasonable care and maintenance, as determined by City. (f) "Senior Citizen Household" means a maximum two person household of which all members are 62 years of age or older. 2. Description of Real Property. The real property which is the subject of this Agreement is described in Exhibit A. 3. Interest of Property Owner. Property Owner represents that he has a full legal and equitable interest in the Real Property and that all other persons holding legal or equitable interests in the Property are to be bound by the Agreement. 4. Assignment. The rights of the Property Owner under this Agreement may not be transferred or assigned unless the written consent of the City is first obtained. 5. Binding effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors in interest to the parties to it. 6. Relationship of parties. It is understood that the contractual relationship between the City and Property Owner is such that the Owner is an independent contractor and not the agent of the City. 7. Agreement by Property Owner and City. (a) Property Owner has been conditionally granted permission by the City to construct 20 rental assisted living units on the PROPERTY by Precise Plan 96-1 1 4 PLANNING COMMISSION RESOLUTION NO. 1779 Planning Commission Resolution No. 1778. Pursuant to Chapter 25.52 DEVELOPER is required to set aside four (4) units affordable to lower and moderate income occupants. (b) Due to the unique range of services provided by an assisted living facility, in lieu of the requirements contained in item (a) above the Property Owner shall choose one of the following: 1. Set aside two (2) units in the PROJECT which shall be occupied by aged recipients of Supplemented Security Income (SSI) as administered by the United States Social Security Administration. The maximum charge for full room, board and care services as offered by the Project Owner to SSI recipient shall not exceed the maximum applicable SSI benefit less $50.00 per person per month. For 1997, the maximum charge shall be: Single Occupancy $652/month Double Occupancy $1304/month These rates may be adjusted according to annual cost of living increases granted to SSI recipients by Social Security Administration. i. A maximum of two persons may occupy each of the controlled units. ii. SSI recipients shall receive identical basic congregate care services available to other residents of the project. iii. Property Owner or its assigned management agent shall be responsible for determining the eligibility of prospective SSI tenants. 5 PLANNING COMMISSION RESOLUTION NO. 1779 2. Payment of $10,000 per unit totaling $40,000 to the City to be used for the purpose of providing low income senior housing. Payment shall be made to the City prior to obtaining a building permit for the project. (c) Property Owner shall advise the City in writing prior to obtaining a building permit regarding the method to be used to satisfy affordable housing requirement of the project. (d) Property Owner shall not discriminate on the basis of race, color or creed, sex, or national origin. (e) Property Owner or its successors in interest shall reserve the controlled units as set forth in this AGREEMENT for the Useful Life of the PROJECT and PROJECT OWNER shall not sell or otherwise change the use of the PROJECT without prior written consent of City. (f) Age limits. The minimum age for al PROJECT occupants shall be 62 years old. (g) Change in Project. No change, modification, revision or alteration may be made in the approved precise plan without review and approval by those agencies of the City approving the plan in the first instance. A change, modification, revision or alteration in the approved precise plan in not effective until the parties amend this AGREEMENT to incorporate it. (h) Hold Harmless. Property Owner agrees to and shall hold the City, its officers, agents, employees and representatives harmless from liability for damage or 6 PLANNING COMMISSION RESOLUTION NO. 1779 Ism claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of the Property Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the PROJECT. Property Owner agrees to and shall defend the City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Property Owner's activities in connection with the PROJECT. `.► lam This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operation referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications or both for the PROJECT. Property Owner further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action challenging the validity of the DEVELOPMENT AGREEMENT. (I) Periodic Review of Compliance with Agreement. i. City Planning Commission shall review this DEVELOPMENT AGREEMENT whenever substantial evidence exists to indicate a possible breach of the terms of this AGREEMENT. ii. At least once each year, Property Owner shall demonstrate good faith compliance with the terms of this DEVELOPMENT AGREEMENT. Property Owner agrees to furnish such evidence of good faith compliance as City, in the exercise of its 7 PLANNING COMMISSION RESOLUTION NO. 1779 discretion, may require. City shall have the right to audit the books and records of Property Owner's cost and expense upon request and at least annually. (j) Amendment or Cancellation of Agreement. This DEVELOPMENT AGREEMENT may be amended or canceled in whole or in part by mutual consent of the parties and in the manner provided for in Government Code, Sections 65868, 65867 and 65867.5. (k) Enforcement. Unless amended or canceled as provided in paragraph (j), this DEVELOPMENT AGREEMENT is enforceable by any party to it notwithstanding a change in the applicable general or specific plan, zoning, subdivision, or building regulations adopted by City which alter or amend the rules, regulations or policies governing permitted uses of the land, density, design, improvement and construction standards and specifications. (I) Events of default. Property Owner is in default under this AGREEMENT upon the happening of one or more of the following events or conditions: i. If a warranty, representation or statement made or furnished by Property Owner to City is false or proves to have been false in any material respect when it was made; ii. A finding and determination by City made following a periodic review under the procedure provided for in Government Code, Section 65865.1, that upon the basis of substantial evidence Property Owner has not complied in good faith with any of the terms or conditions of this AGREEMENT. 8 PLANNING COMMISSION RESOLUTION NO. 1779 iii. Property Owner's failure to maintain the Real Property in substantially the same condition as it exists on the date that City issues the Certificate of Occupancy with respect to the PROJECT or to restore promptly in a good and workmanlike manner any building which may be damaged or destroyed. iv. Property Owner's failure to appear in and defend any action or proceeding purporting to affect the rights or powers of City under the terms of this DEVELOPMENT AGREEMENT, and to pay all costs and expenses, including attorneys' fees in a reasonable sum, in any such action or proceeding in which City may appear. (m) Procedure upon default. If, as a result of periodic review, or other review of this AGREEMENT, the Planning Commission or City finds and determines, on the basis of substantial evidence, that Property Owner has not complied with the terms or conditions of this AGREEMENT, the Commission shall notify the Property Owner or successor in interest as to the specific nature of noncompliance, and describe the remedies required to achieve compliance. Property Owner has thirty (30) days upon receipt of notification to take remedial actions. If Property Owner fails to take remedial action within thirty (30) days, the Planning Commission of City shall recommend to the City Council of City that this DEVELOPMENT AGREEMENT be modified, terminated, or that the remedies set forth in this paragraph be exercised by the City. If the City Council of City concurs with the recommendation of the City's Planning Commission, the City Council may modify this Development Agreement, terminate this DEVELOPMENT AGREEMENT, or may employ one or more of the remedies set forth in this paragraph. Proceedings before the City Council 9 PLANNING COMMISSION RESOLUTION NO. 1779 shall be by noticed public hearing pursuant to Chapter 25.86 of the Municipal Code of the City of Palm Desert. In the event of a default, City may employ one or more of the following remedies, in its sole discretion: i. City may revoke all previous approvals, entitlements and permits granted by the City to Property Owner with respect to this PROJECT and the subject Real Property. ii. City may pursue all other legal or equitable remedies City may have under California law or as set forth in this DEVELOPMENT AGREEMENT and City shall be entitled to specific performance and enforcement of each and every term, condition and covenant set forth herein. (n) Damages upon Cancellation, Termination of Agreement. In no event shall Property Owner be entitled to any damages against the City upon modification, termination of this DEVELOPMENT AGREEMENT or exercise by City of its rights under this DEVELOPMENT AGREEMENT. (o) Attorney's fees and costs. If legal action by either party is brought because of breach of this AGREEMENT or to enforce a provision of this AGREEMENT, the prevailing party is entitled to reasonable attorneys' fees and court costs. (p) Notices. All notices required or provided for under this DEVELOPMENT AGREEMENT shall be in writing and delivered in person or sent by certified mail, postage prepared. Notice required to be given to City shall be addressed as follows: City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, California 92260. 10 PLANNING COMMISSION RESOLUTION NO. 1779 as follows: Notices required to be given to Property Owner shall be addressed A party may change the address by giving notice in writing to the other party and therefore notices shall be addressed and transmitted to the new address. (q) Rules of Construction and Miscellaneous Items. i. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. ii. If a part of this AGREEMENT is held to be invalid, the remainder of this AGREEMENT is not affected. iii. If there is more than one signer of this AGREEMENT their obligations are joint and several. iv. The time limits set forth in this AGREEMENT may be extended by mutual consent of the parties in accordance with the procedures for adoption of an agreement. (r) Duration of Agreement. This AGREEMENT shall expire only upon total destruction of the apartment project which is the subject of this DEVELOPMENT AGREEMENT. (s) Applicable Law. This AGREEMENT shall be construed according to the laws of the State of California. 11 PLANNING COMMISSION RESOLUTION NO. 1779 (t) Severability. If any portion of this AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. (u) Authority. Each of the parties hereto covenants and agrees that it has the legal capacity to enter into this AGREEMENT contained herein, that each AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. 12 PLANNING COMMISSION RESOLUTION NO. 1779 IN WITNESS WHEREOF this DEVELOPMENT AGREEMENT has been executed by the parties on the day and year first above written. Approved as to form: CITY OF PALM DESERT A Municipal Corporation SANDY JACOBSON Deputy City Attorney STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) By: Attest: GENERAL CONSTRUCTION MANAGEMENT COMPANY By: By: On this day of , 1997, before me, a Notary Public in and for said State, personally appeared , known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument on behalf of , and acknowledged to me that executed the same. 13 PLANNING COMMISSION RESOLUTION NO. 1779 EXHIBIT "1" LEGAL DESCRIPTION The west half of Lot 23 of Palma Village excepting the south 85.5 feet as per map recorded in Book 20, page 51 of maps, records of Riverside County, California.