The URL can be used to link to this page

Home My WebLink AboutORD 530• 0 . 0 AN ORDINAL OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQ"EMITG TO THE CITY MUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT AMW]M. ZU FOR A SENIOR Hcusi G PROJDCP LOCATED ON 23 ACRES ON THE NORTH SIDE OF FPJED NIRIAG DRIVE, 1400 FEET EAST OF COOK STREET. CASE NO. DA 86-7 AMENDMENT II WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of January, 1988, hold a duly noticed public hearing to consider a request by PAMELA & DALE SMALLWOOD for approval of an amendment to a development agreement deleting a section relating to limitations on the level of services to be included in rent for a senior Musing development located on 23 acres on the north side of Fred Waring Drive, 1400 feet east of Cook Street; and WHEREAS, at said public hearing, upon hearing and considering all testimorYy and arguments, if any, 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 amendments are consistent with the original approval and the intent and purpose of the Senior Overlay zone. 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 ndings of the council in this case. 2. That Case No. DA 86-7 Amendment Exhibit "A" is approved. r -� PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this filth day of February, 1988, by the following vote, to wit: AYES: CRITES, SNYDER, WILSON, BENSON ABSENT: KELLY ABSTAIN: NONE A r D SHEILA R. GILELIGAN, City erk /tm rw j M. BE NSCN, MaYM RECORDING REQUESTED BY, AND WHEN R_E_CO ROED "AIL TO: City Clerk's Office City of Palm Desert C) 73-510 Fred Waring Oriv� �yR alm Desert, CA 92260 FOR THE BEI4EVI-T -OF THE CITY OF PALIA DESERT NO FEE 6103 OF THE GOVT. CODE it i 1 d b N •� co ZE �. a d� 0 • AN ORDINANCE OF THE CITY�� TO, THE CITY THE CITY OF PALM DESERT, CALIFORNIA, COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT AMOCK1T FOR A SENIOR HCMI M PROJECT LOCATED ON 23 ACRES ON THE NORTH SIDE OF FRED WMU2 G DRIVE, 1400 FEET EAST OF COOK STREET. CASE %` DA 86-7 ANfET)D[`+lEW II WHEREA,cF the City C)cx=il of the City of Palm Desert, California, did on the 28th day of January, 1988, hold a duly noticed public hearing to consider a request by PAMELA & DALE SMALLWOOD fo.1 approval o� ��n to a On agreement deleting a section relating the level of services to be included in rent for a senior housing fd vellopeasof located on 23 ages on the nil side of Fred Waring pock Street; and WHEREAS, at said public hearing, upon hearing and considering ring ll e , if any, of all interested Perzs h� �and it did find the following facts to exist tO justify their actions: 1. The proposed wsXbXMts are consistent with the Original approval and the intent and purpose of the Senior Overlay =m- NOW, THEREFORE, BE IT OPDAIIM by the C.ty Count" of the City of Palm Dessert, as follows: 1. That the above recitations are true and correct and constitute the findings of the council in this case. 2. That Case No. DA 86-7 Att wAment Exhibit "A" is ap'PrOved• PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this lith day of Few, 1988, by the following vote, to wit: AYES: CRITES, SNYDER, WILSON, BIINSON NICw: NONE ABSEW: KELLY ABSTAIN: NONE M. BENSON, EACH DOCUMENT TO wHIrH THIS CEPTIFtCATE 1S AT7ACHEO, IS CERTVIE0 Ttt CE A FUtI., TRUE AND SiiETL+A R. GI IGAN City C erk CORF.ECT COPY OF THE 0MGII AI ON FILE AND ON RECORD IN MY OFFICE. Jtm Dated: tA \q%9 ....i ..�. SHEILA . GILLIGAN, City Clerk City 01 P s ►t. California • ORDINANCE NO. 530 O C" 3 E�IT "A" CD R•{ SILVERADO C. 1989 This agreement, made as of this 28th day of April S , 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 EKMbit - - 1, attached hereto and made a part hereof (hereinafter "PROPERTY") . DEVELOPER has applied for and been granted approval of a precise plan/ocrxltticnal use permit 86-43 amended (hereinafter "PFn="') to ocnstruct 243 senior apartments and 66 skilled nursing/assisted living rooms 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 term and ccrxUticns. 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 ORDINRNC E NO. 530 1 p B. CCNGREGATE CARE - A type of senior citizen housing designer} for W ambulatory essentially healthy senior citizens who are no longer RT ri willing or able to perform basic housekeeping activities. Usually included in rent are services and meals, maid service, laundry and transportation. C. CONVEMIONAL SENIOR HOUSING - Rental or oanerskdp 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. Agreeoent 1. Section 25.25 of the Palm Desert Zoning Ordinance requires developers of senior housing in the senior ovveslay zone to contribute to the attainment of the city's affordable senior housing goals. Developer shall satisfy this requirement 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 • a)ORDINANCE NO. 530 d CD 'ri 2. Minimum age for all project occupants shall be 62. 3. The DEVELOPER shall not discriminate on the basis of race, creed, sex or national origin. 4. 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 atboxney's fees together with other legally allowable costs. 5. 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 oompliance with the terms of the agreement. If as a result of this review, the commission findand determines, on the basis of substantial evidence that the developer has not complied in good 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 ampliance. Any responsible or interested party associated with the project may 4 ORDINANCE NO. 530 correct the default. If after 30 days of the receipt of G Cn notification, the specified remedial actions have not occurred, the tD d, ri planning fission shall reccnrend 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. 5. 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. 7. 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. 0 i 0RDn01qM NO. 530 CD B. The terms of this agreement shall remain in force as long as the O M CD PROJECT remains in existence. [V ri 9. 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 AGREDEM the year and date first above written. (Notarized) ATTEST: SHEILA R. GIL GAN, City of Palm Desert, /tM THE BY 51 .M • STATE OF CALIFORNIA f COUNTY OF R � V t f _S �� Iss ql I On \ L ! \�� before me, the undersigned. a Notary Public in and )or said State, personally appeared S L t_ personally known to me (or proved to me on the basis of satis• factory evidence) to be the personis) whose name(s) is/are sub• scribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand and official seal. Sign-fi ...................■..............:,•...... .� OFFICIAL SEAL MARY P. FRAZIER p`1 NOTARY PUBLIC--CALIFORNIA NOTARY BOND FILED IN RIVERSIDE COUNTY My COmmisslOn Expires July 23, 1990 ti•.••........................ ............ iThis area for official notarial mean A I STATE OF CALIFORNIA. Iss- COLINTYOIF,____ ( \V,.IC, On I,�T-ir tom` i I_ \ �. 1 \ before me, the undersigned, a Nota said State, personally appeared �0 t:j%\L �-iA �t,\ �� L `�� ` U personally known to me (or proved 10 me on the basis of satis- factory evidence) to be the person(s) whose nameis) is/are sub- scribed to the within Instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand //and official seal. ......................... •...... •...•....... ti 31ti OFFICIAL SEAL ' MARY P. FRAZIER \ .L NO7A.ny PUBLIC a --C LIf:T��,.NtA N•;TAnY BCNC F;LEO IN �(- ---� itl`.'ERS'CE CCL'NTY � • �• ; Cc- =,!ss;cn Expires July 23, 1990 w...........................................: (This area for oil icial notarial seat)