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Home My WebLink AboutORD 461ORDINANCE NO. 461 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT RELATING TO SENIOR HOUSING AFFORDABLE REQUIREMENTS FOR AN APPROVED 77 UNIT CONGREGATE CARE DEVELOPMENT. CASE NO: D.A. 86-1 WHEREAS, the City Council of the City of Palm Desert, California did on the loth day of April, 1986 hold a duly noticed public hearing to consider a request by SANBORN & RYLEE for approval of development agreement relating to the affordable housing requirements for a 77 unit congregate care project on the northeast corner of Catalina Way and San Pascual Avenue. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard said city council did find the following facts 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 further the general welfare by requiring the construction of needed senior housing affordable by low and moderate income senior citizen households. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the council in this case. 2. DA 86-1 is hereby approved. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this loth day of April, 1986 by the following vote, to wit: AYES: BENSON, SNYDER, WILSON & KELLY NOES: NONE ABSENT: JACKSON ABSTAIN: NONE RICHARD KELLY, Mayor ATTEST: SHEILA R. GILLIGAN, City ,Vlerk City of Palm Desert, CaH fornia /dig , r 28�188 47 RECORDING REgUESTED BY, AND W C" WHEN RECORDED MAIL TO: a $ D:� O rn. .10ty Clerk's Office- City of Palm Desert O N \73-510 Fred Waring Or' e � d � P 1 rn Desert, CA 9226 a � FOR THE B EFTT OF THE 06 CITY OF PALM DESERT CZ NO FEE 6103 OF THE GOVT. CODE 161 r� t ORDINANCE NO. 461 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT RELATING TO SENIOR HOUSING AFFORDABLE REQUIREMENTS FOR AN APPROVED 77 UNIT CONGREGATE CARE DEVELOPMENT. CASE NO: D.A. 86-1 WHEREAS. the City Council of the City of Palm Desert, California did on the 10th day of April, 1986 hold a duly noticed public hearing to consider a request by SANBORN 6 RYLEE for approval of development agreement relating to the affordable housing requirements for a 77 unit congregate care project on the northeast corner of Catalina Way and San Pascual Avenue. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard said city council did find the following facts to exist to justify their actions. I. The proposed development agreement satisfies the intent and purpose of the Senior Housing Overlay and the General Plan Housing Element. 2. The development further the general welfare by requiring the construction of needed senior housing affordable by low and moderate income senior citizen households. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the council in this case. 2. DA 86-1 is hereby approved. PASSED. APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council. held on this 10th day of April, 1986 by the following vote, to wit: AYES: BENSON, SNYDER, WILSON 6 KELLY NOES: NONE ABSENT: JACKSON A / 1 ABSTAIN: NONE - / �tl L :-� RICHARD KELLY. Mayor ATTEST: ,� EACH 60Ci01S11119 TO t7iCDCH THIS CERTIFICATE IS ATTACHED. iS COIR CEO TO 51 A FULL TRUE AND SHE I LA R . G I LL I GAN, C i tj�,• y 1 erk COP3ECT COPY OF THE CRft.YfEA1. QN FILE ARID ON City of Palm Desert, Ca fornla RECORD Od #AT G. /dig Dated: N SHEIIA It GILLIGAN. 124 Cleft City of Palm Oa BY. 9A. !Lr-k� ORDINANX NO. 461 28��58 EXHIBIT "A" PALM DESERT RETIREMENT VILLAS AFFORDABLE SENIOR HOUSING DEVELOPMENT AGREEMENT 1988 This agreement, made as of this lSth day of July , UU between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Sanborn and Rylee Developers, (hereinafter "DEVELOPER") provides: Rtciteis a I. 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 85-39) to construct 77 congregate care senior housing units on the PROPERTY. 2. 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. 2 ORDINANCE NO. 461 28fii8S 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. 8. CONGREGATE CARE - A type of senior citizen housing designed for ambulatory essentially healthy senior citizens who are no longer willing or able to perform basic housekeeping activities. Usually included in rent are services and meals, maid service, laundry and transportation. C. 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. 3 ORD I NANC€ NO. 46 28iti18 D. LOWER INCOME SENIOR CITIZEN HOUSEHOLD - Senior Citizen Households whose gross Income does not exceed 80% of the median income for a two 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 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. L:] E. MODERATE INCOME SENIOR CITIZEN HOUSEHOLD - Senior Citizen households whose income does not exceed 100% of the median Income. 1. DEVELOPER has been conditionally granted permission by the CITY to construct 77 rental congregate care units on the PROPERTY by Precise Plan 85-39 Planning Commission Resolution No. 1121 As a condition of said approval DEVELOPER Is required, and hereby agrees to purchase appropriate land, process through the city and construct a second project (hereinafter "PROJECT Il") consisting of a minimum of twenty conventional one bedroom 4 !1 ! ORDINANCE NO. 41 286188 senior housing units. Ten of these units shall be reserved and made affordable by lower Income senior citizen households and ten (10) units shall be reserved and made affordable by moderate income senior citizen households. These 20 units shall hereinafter by referred to as "Affordable Units". 2. Monthly rents for the affordable units shall not exceed 30% of the maximum gross monthly income as shown for loner and moderate income households In Exhibit "2". 3. In the event that PROJECT 11 is not completed within the required 24 months, and PROJECT I has been completed, the DEVELOPER shall provide 15 affordable units of conventional senior housing units within PROJECT 1: 8 units for lower income households as shown In exhibit "2", until such time as PROJECT II is completed and certified for occupancy. 4. 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 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. 5 0 286188 ORDINANCE NO. 461 5. The DEVELOPER shall not discriminate on the basis of race, creed, sex or national origin. The overall design quality of PROJECT 11 shall be comparable to that of PROJECT 1. 6. 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. 7. 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 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 and the zoning of the property shall 0 7 •' 0 286188 ORDINANCE NO. 461 revert to PR-5. 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. 11 of this AGREEMENT. 8. 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. 9. .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. 10. The terms of this agreement shall remain In force as long as either PROJECT 1 or PROJECT I1 remain in existence. 7 C� IN WITNESS WHEREOF the parties have executed this Agreement the year and date first above written. THE CITY OF PALM DESERT By 1-.4" Tw� By SAutannu It OVI Cr (Notarized) By ATTEST: SHEILA R. GIL GAN. City erk City of Palm Desert, ornia /dig STATE OF CALIFORNfD t�� COUNTY OF T��-S — a On ULkL.y `�j \S400'3 me, the undersigned. a Notary Public in and for U p,*etore State. appeared-�ntJ�--zt�+Lcaai��l�� ----� i m said personally A u i y E _ � personally known to me for proved to me en the basis of satk:- LL factory evidence) to the person that executed the within 8 /be t7rF1i,A1. instrument as, —partnerls). •........•.•••...� ......................... y c n on behalf of�• OFFICIAL SEAL 9 MARY P. FRAZIER 5 b h the pannersi p rb NOTARY PUHLIC—CALIFORNIA, rL therein named and acknowledged to me that the partnership hi IN ; NOTARY BOND COUNTY � -r+' RIVERSIDE COUNTY ; m executed it. • My Commfss)on Expires July 29. 1990 r7 WIT NE official seat. e,"......"......••"•'•'•""goose.""""' g �handnd Signatur — tThls area for Official notarial seal) 001NANCE NO. j&L 0• 1 • 286189 EXHIBIT 01" Legal Description Lot 16 of Palma village Groves. M. 8. 20, Page 51 9 0 ORDINANCE NO. 16L 28 GI88 EXHIBIT *20 AFFORDABLE HOUSING INCOME AND RENT SCHEDULE - 1986 Income Rent Lower Median Moderate Lower Medaan Moderate $17.150 $21,437 $429 $536 IP