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HomeMy WebLinkAboutORD 482ORDINANCE NO. 482 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT SETTING TERMS AND CONDITIONS RELATING TO THE MANAGEMENT OF A 276 UNIT SENIOR HOUSING PROJECT, SILVERADO RETIREMENT DEVELOPMENT. CASE NO: DA 86-7 WHEREAS, the City Council of the City of Palm Desert, California did on the 25th day of September, 1986 and continued hearing on November 13, 1986 hold a duly noticed public hearing to consider a request by PAMELA & DALE SMALLWOOD for approval of a development agreement relating to management of a 276 unit senior citizen development. 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 approve said development agreement. 1. The agreement implements requirements of the Senior Housing Overlay and policies of the General Plan Housing Element. 2. The agreement promotes public health, safety and general welfare by providing high quality housing for senior citizens and includes a requirement for contribution to the attainment of affordable housing goals. 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 city council in this case. 2. That it does hereby approve DA 86-7 as provided in the attached exhibit, labeled Exhibit "A". PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council held on this 13th day of November, 1986 by the following vote, to wit: AYES: BENSON, SNYDER, WILSON & KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE RIC TES SHEILA R. GI AN. City erk City of Palm Desert, CalMornia KELLY, Mayor ORDINANCE NO. 482 EXHIBIT "A" SILVERADO 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 Pamela and Dale Smallwood (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 86-43 (hereinafter "PROJECT") to construct 276 senior housing units on the PROPERTY. 2. DEVELOPER and CITY desire to further memorialize and implement the conditions of said approval and do hereby agree to the following terms and conditions. 3. As used herein, the following terms shall be defined as: A. SENIOR CITIZEN HOUSEHOLD - Maximum two person household of which both members are 62 years of age or older. 2 ORDINANCE NO. 482 B. 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. Agreement I. Section 25.25 of the Palm Desert Zoning Ordinance requires developers of senior housing in the senior overlay zone to contribute to the attainment of the city's affordable senior housing goals. Developer shall satisfy this requirment by payment of a fee of $303,600 to the city prior to the issuance of building permits for the project. The fee shall be used for implementation of affordable senior housing goals contained in the City of Palm Desert General Plan Housing Element within five years of payment of said fee. 3 ORDINANCE NO. 482 2. All units in the PROJECT shall be offered as Conventional Senior Housing. The DEVELOPER may provide, at the tenants option, Congregate Care services for an additional cost. This agreement in no way restricts or limits optional congregate care services or charges. 3. Minimum age for all project occupants shall be 62. 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 annually (or whenever substantial evidence exists to indicate a possible breach of the terms of the agreement) at which time the developer or his/her 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 4 ORDINANCE NO. 482 substantial evidence that the developer has not complied in good 4 faith with the terms or conditions of this agreement, then the commission shall declare the developer or his/her successor in default and shall so notify to him/her as to the specific nature of the default, and describe remedies required to achieve compliance. Any responsible or interested party associated with the project may correct the default. If after 30 days of the receipt of notification, the specified remedial actions have not occurred, the planning commission shall recommend to the city council that the agreement 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. 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. 5 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 reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 5 ORDINANCE NO. 482 B. 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. 10. The applicant shall not object to the establishment of a maintenance district under the 1972 Lighting and Maintenance Act, should the city determine that such is necessary to assure maintenance of landscaping In public areas. IN WITNESS WHEREOF the parties have executed this AGREEMENT the year and date first above written. THE CITY OF PALM DESERT By By PAMELA AND DALE SMALLWOOD By (Notarized) ATTEST: SHEILA R. GILLIGAN. City Clerk City of Palm Desert. California /dlg ORDINANCE NO. 482 EXHIBIT "1" Tract 19907 as shown by map book 144 pages 31 and 32, Riverside County, California 7