HomeMy WebLinkAboutZOA 05-83 AFFORDABLE HOUSING 1983 ORDINANCE NO. 341
EXHIBIT "A"
ZOA 05-83
Amend Section 25.24 by adding:
25.24.055 Maximum densit for "affordable ro'ects". For projects containing at
least 20% units affor ble to low income households as defined by the Riverside County
Housing Authority, a.maximum density of 25 dwelling units per acre may be allowed by
precise plan. To be eligible for this program, the developer must enter into a J
development agreement per Section 25.37 which will tie the zoning designation and the
precise plan approval to affordable housing performance standards.
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ORDINANCE NO. 341
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO THE ZONING ORDINANCE TEXT,
CREATING SECTION 25.24.053 AND CHAPTER 25.37
RELATING TO THE ESTABLISHMENT OF A HIGH
DENSITY DESIGNATION FOR PROJECTS WHICH
INCLUDE LOW INCOME HOUSING; AND APPROVAL OF
A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AS IT PERTAINS THERETO.
CASE NO. ZOA 05-83
WHEREAS, the City Council of the City of Palm Desert, California, did on the
14th day of July, 19830 hold a duly noticed public hearing to consider a zoning ordinance
amendment creating Section 25.24.055 and Chapter 25.37 relating to the establishment of
a high density designation for projects which Include low Income housing; and approval of
a Negative Declaration of Environmental Impact as it pertains thereto;
WHEREAS, the Planning Commission, by Resolution No. 863, has recommended
approval;
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-8911, in that the director of environmental services has determined that
the project will not have a significant impact on the environment and a Negative
Declaration has been prepared; and,
WHEREAS, at said public hearing upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council did find the
following facts and reasons to exist to recommend approval of a zoning ordinance text
amendment:
1. That the zoning ordinance amendment is consistent vith the objectives of
the zoning ordinance.
2. That the zoning ordinance amendment is consistent with the adopted general
plan.
3. That the zoning ordinance amendment would better serve the public health,
safety and general welfare.
NOW, THEREFORE, the City Council of the City of Palm Desert, DOES HEREBY
ORDAIN, as follows:
1. That the above recitations are true and correct and constitute the
considerations of the Council in this case.
2. That it does hereby approve a zoning ordinance text amendment, as provided
in the attached exhibit, labeled Exhibit "A" and Exhibit "B".
3. The City Clerk is directed to publish this Ordinance once in the Palm Desert
Post, a newspaper of general circulation, published and circulated in the
City of Palm Desert, and shall certify to the passage of adoption of this
Ordinance, and the same shall be in full force and effect thirty (30) days
after its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting cl the Palm Desert City
Council, held on this I Ith day of August, 1983, by the following vote, .o vit:
AYES: JACKSON, KELLY, PULUQI, SNYDER
NOES: NONE
ABSENT: WILSON
ABSTAIN: NONE
ROMEO S. PULUQI, Mayor
ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
/lr
ORDINANCE NO. 341
EXHIBIT "B"
Chapter 23.37
Development Agreements
SECTIONS:
25.37.010 Purpose
25.37.020 Eligibility
25.37.030 Contents
25.37.040 Public Hearing and Notice
25.37.050 Consistency
25.37.060 Rules, Regulations and Official Policies
25.37.070 Periodic-Review
25.37.080 Amendment or Cancellation
25.37.090 Recording of Agreement
25.37.100 Modification or Suspension to Comply with State or federal Laws
25.37.110 Reversion of Zoning in the Event of Noncompliance with Terms and
Conditions
25.37.010 Purpose. The purpose of this chapter is to provide the city with greater
control and flexibility in the evaluation of projects by tailoring development standards to
the unique features of a particular site and linking them with specific development
proposals and performance criteria.
25.37.020 Eligibility. Persons or organizations entering into development
agreement with the city must have a legal or equity interest property. Project proposals
in the following zones are eligible for participation in the development agreement process
if they meet the specified findings.
A: . Affordable high density planned residential. Projects receiving the AHDPR
designation require a development agreement to spec:f.i the condition under
which the high density is to be granted.
l 25.37.030 Contents. A development agreement shall specify or contain the
following:
A. Duration of agreement.
B. Permitted uses.
C. Maximum height and size of building.
D. A general site plan showing arrangement of uses, circulation and required
dedication.
E. A timetable for the completion of various project phases or other features
of the agreement.
F. Other conditions, terms, restrictions and requirements for subsequent
discretionary actions.
25.37.040 Public hearing and notice. A public hearing on an application for a
development agreement shall be held by the planning commission and city council. Notice
of intention to consider adoption of a development agreement shall be given as provided in
Chapter 25.86.
25.37.050 Form and consistency. A development agreement shall be approved by
ordinance and shall be consistent with general and specific plans.
25 37 060 Rules, regulations and official policies. Unlesr.otherwise provided by
the development agreement, rules, regulations and official policies governing uses of the
land, density, design, improvement and construction standards and specifications,
applicable to development of the property subject to the agreement, shall be those rules
regulations and official policies in force at the time of the execution of the agreement. A
development agreement shall not prevent the city from subsequent actions applicable to
the property from applying new rules which do not conflict with those contained within
the agreement, nor shall a development agreement prevent the city from denying or
conditionally approving any subsequent development application on the basis of such
existing or new rules, regulations and policies.
ORDINANCE NO. 341
25.37.070 Periodic review. The planning commission shall review a development
agreement 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. Proceedings before the city council shall
be a noticed public hearing per Chapter 25.86.
25.37.080 Amendment or cancellation. In addition to provisions of Section
25.37.060, a development agreement may be amended or canceled in whole or in part by
mutual consent of the parties to the agreement or their successors. Procedure shall be as
described in Sections 25.37.040 and 27.37.050.
25.37.090 Recording of agreement. No later than 10 days after the city enters
into a development agreement, the city clerk shall record with the county recorder a copy
of the agreement, which shall describe the land subject thereto. Fdom and after the time
of such recordation, the agreement shall impart such notice thereof to all persons as is
afforded by the recording laws of this state. The burdens of the agreement shall be
binding upon, and the benefits of the agreement shall inure to, all successors in interest to
the parties to the agreement.
25 37 100 Modification or suspension to comply with state or federal laws or
regulations. In the event that state or federal laws or regulations, enacted after a
development agreement has been entered into, prevent or preclude compliance with one
or more provisions of the development agreement, such provisions of the agreement shall
be modified or suspended as may be necessary to comply with such state or federal laws
or regulations.
25 37 110 Reversion of zoning in the event of noncompliance with terms and
conditions. In the event the terms and conditions are not complied with by the developer,
the zoning shall revert to the zoning which existed prior to the development.
Ar
CITY COUNCIL ORDINANCE NO. 377
EXHIBIT "A"
WESTERN COMMUNITY DEVELOPERS
AFFORDABLE HOUSING AGREEMENT
This agreement, made as of this 14th day of June, 1984, between the City of Palm
Desert, a California municipal corporation (hereinafter "CITY") and Western Community
Developers, (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 19 attached hereto and
made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and
been granted a change of zone (C/Z 84-1) of PROPERTY to AHDPR-22 and
approval of a precise plan (PP 84-3) to construct 512 residential rental units on the
PROPERTY
2. As a condition of said approvals, CITY has required that a specified number of
units within Precise Plan 84-1 (hereinafter "PROJECT") would be set aside for
lower income occupants subject .to restrictions necessary to insure the continued
occupancy of said units by lower income households.
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.
Agreement
1. DEVELOPER has been conditionally granted permission by the CITY to construct
512 rental residential units on the PROPERTY by Change of Zone 84-1,.Ordinance
376, Precise Plan and Planning Commission Resolution No. 947. As a condition of
said approvals DEVELOPER is required, and hereby agrees to reserve for rent 103
CITY COUNCIL ORDINANCE NO. 377
units for lower income households. Hereinafter these 103 units shall be
referred to as "AFFORDABLE UNITS."
These AFFORDABLE UNITS shall consist of 38 one-bedroom one-bath, 65
two-bedroom two bath units.
2. As used herein, "low income households" shall refer to families or individuals
whose gross income does not exceed 80% of the Riverside County median
income based upon financial and demographic information received from the
United States Department of Housing and Community Development (HUD)
or its successor agency. This information is contained in "Exhibit 2" and
i
shall be updated automatically as information is obtained from HUD. If in
the future more relevant data is made available by other officially
recognized agencies, the applicant may request amendment of this
agreement to include such data.
3. Rent for affordable units shall not exceed 30% of the gross monthly income
of lower income households. Thirty-eight one bedroom, one bath units shall
be based on income figures for two person households; 22 two bedroom, two
bath units, 3 person households; and, 43 two bedroom, two bath units, four
person households, resulting in the following maximum initial monthly rents.
These rents shall be adjusted per Article 2.of this agreement.
38 - 1 bedroom 1 bath _ $40.
22 - 2 bedroom 2 bath $451 .
43 - 2 bedroom 2 bath $50�
4. The DEVELOPER or his assigned management agent shall be responsible for
determining elgibility 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 semi-
annual audit at the DEVELOPER'S cost by the CITY or its assigned agents
determining compliance with all aspects of this agreement.
CITY COUNCIL ORDINANCE NO. 377
5. The DEVELOPER shall not discriminate on the basis of race, creed, sex,
national origin, or age. The AFFORDABLE UNITS shall be equipped in the
same fashion and their exterior shall be identical in quality and desirability
as other units in the project. The AFFORDABLE UNITS shall be evenly
dispersed throughout the project. The exact location of the AFFORDABLE
UNITS shall be changed from time to time as vacancies permit.
6. The DEVELOPER shall maintain the quality of the buildings, grounds and
recreation facilities consistent with their conditiaa at the time of issuance
of certificate of occupancy. The DEVELOPER shall post a $25,000 bond or
other satisfactory(security assuring the performance of any work the CITY
feels is necessary to meet this requirement in a form satisfactory to the
CITY.
7. DEVELOPER agrees to install as part of the project a full landscaped
median strip per city standards along their Country Club Drive frontage and
to participate in any future assessment district created to maintain said
median strip.
8. The DEVELOPER and his successors shall provide 24 hour security patrol for
the PROJECT.
9. Occupancy of the units shall be limited to related households or to no more
than two unrelated individuals.
10. The term of this agreement shall run for thirty years during which period
103 aforementioned AFFORDABLE UNITS shall be reserved for lower
income household. During the first ten years of this agreement the entire
PROJECT shall be maintained as rental housing. Thereafter the
DEVELOPER or his successor may apply to amend this agreement to allow
condominium conversion. The DEVELOPER will be required to conform to
all applicable zoning and building regulations. The amendment would
CITY COUNCIL ORDINANCE NO. 377
include a program to maintain the availability of the AFFORDABLE UNITS
for lower income households throughout the remaining term of the
agreement.
11. 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.
12. 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 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.
13. 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.
CITY COUNCIL ORDINANCE NO. 377
14. 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.
IN WITNESS WHEREOF the parties have executed this Agreement the year and
date first above written.
THE CITY OF PnI,M DESERT
By
WALTER H. SNYDER, MAYOR
By
WESTERN COMMUNITY DEVELOPERS
(Notarized)
D. A. RORABAUGH \�
ATTEST:
SHEILA R. LIGAN, CIT CLERK
CITY OF PALM DESERT, IFORNIA
CITY COUNCIL ORDINANCE NO. 377
EXHIBIT "2"
SECTION 8
INCOME LIMITSI
March 1983
Persons
in the
Family Riverside/San Bernardino
1 Very Low Income $ 8,800
Other Low Income 14,050
2 Very Low Income 10,050
Other Low Income 16,050
3 Very Low Income 11,300
Other Low Income 18,050
4 Very Low Income 12,550
Other Low Income 20,100
5 Very Low Income 13,550
Other Low Income 21,350
6 Very Low Income 14,550
Other Low Income 22,600
7 Very Low Income 15,550
Other Low Income 23,850
8 Very Low Income 16,550
Other Low Income 25,100
Definitions:
Very Low Income: These are households with incomes that do not exceed 50% of the
median family income for a four-person household. Persons with incomes below this
amount are to be the principal beneficiaries.of housing assistance programs.
Other Low Income: Households with incomes above the Very Low Income limit, but below
80% of the median family income for a four-person household.
IThe HUD Income Limits were issued as of March 1, 1983. These Section 8 limits
may be in effect for one or more years.
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CITY COUNCIL ORDINANCE NO. 377
EXHIBIT "l"
PARCE L 1:
The East 10 acres of the West 30 acres of the Northeast quarter of the Northwest quarter
6 East San Bernardino Meridian, In the City of
hi 5 South Range ,
Section 8 Township , g
of ,
Palm Desert, County of Riverside, State of California, according to the official plat
thereof.
EXCEPT the Northerly 44.00 feet as granted to the County of Riverside by deed recorded
April 140 1958, In Book 2254, Page 592 of Official Recorl.'s of Riverside County,
California.
ALSO EXCEPT from said land,. an undivided 1/16 of all coal, oil, gas and other mineral
deposits in said land, as reserved in the Patent from the State of California, recorded
November 28, 1949, as Instrument No. 3235.
PARCEL 2:
The East 15 acres of the West 30 acres of the Northeast quarter of the Northwest quarter
South Range 6 East, San Bernardino Meridian, in the City of
8 Township 5 , S
of Section , P
Palm Desert, County of Riverside, State of California, acco. .lir official plat
to the P
thereof.
EXCEPT the East 10 acres.
ALSO EXCEPT the Northerly 44.00 feet as granted to the County of Riverside by deed
recorded April 14, 1958, in Book 2254, Page 592 of Official Records of Riverside County,
California.
ALSO EXCEPT from said land, an undivided 1/16 of all coal, oil, gas and other mineral
deposits in said land, as reserved in the patent from the State of California, recorded
November 289 1949 as instrument No. 3235.
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t
ORDINANCE NO. 341
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO THE ZONING ORDINANCE TEXT,
CREATING SECTION 25.24.055 AND CHAPTER 25.37
RELATING TO THE ESTABLISHMENT OF A HIGH
DENSITY DESIGNATION FOR PROJECTS WHICH
INCLUDE LOW INCOME HOUSING; AND APPROVAL OF
A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AS IT PERTAINS THERETO.
CASE NO. ZOA 05-83
WHEREAS, the City Council of the City of Palm Desert, California, did on the
14th day of July, 1983, hold a duly noticed public hearing to consider a zoning ordinance
amendment creating Section 25.24.055 and Chapter 25.37 relating to the establishment of
a high density designation for projects which include low income housing; and approval of
a Negative Declaration of Environmental Impact as it pertains thereto;
WHEREAS, the Planning Commission, by Resolution No. 863, has recommended
approval;
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the director of environmental services has determined that
the project will not have a significant impact on the environment and a Negative
Declaration has been prepared; and,
WHEREAS, at said public hearing upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council did find the
following facts and reasons to exist to recommend approval of a zoning ordinance text
amendment:
1. That the zoning ordinance amendment is consistent with the objectives of
the zoning ordinance.
2. That the zoning ordinance amendment is consistent with the adopted general
plan.
3. That the zoning ordinance amendment would better serve the public health,
safety and general welfare.
NOW, THEREFORE, the City Council of the City of Palm Desert, DOES HEREBY
ORDAIN, as follows:
1. That the above recitations are true and correct and constitute the
considerations of the Council in this case.
2. That it does hereby approve a zoning ordinance text amendment, as provided
in the attached exhibit, labeled Exhibit "A" and Exhibit "B".
3. The City Clerk is directed to publish this Ordinance once in the Palm Desert
Post, a newspaper of general circulation, published and circulated in the
City of Palm Desert, and shall certify to the passage of adoption of this
Ordinance, and the same shall be in full force and effect thirty (30) days
after its adoption.
a PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
11 Council, held on this IIth day of August, 1983, by the following vote, to wit:
yy{ AYES: JACKSON, KELLY, PULUQI, SNYDER
{�J
NOES: NONE
ABSENT: WILSON
ABSTAIN: NONE
R EO S. PULUQI, Mayor
ATTEST:
SHEILA R. GILLIGAN, City Cl
erk
City of Palm Desert, California
Ar
Y
ORDINANCE NO. 341
EXHIBIT "A"
ZOA 05-83
Amend Section 25.24 by adding:
25.24.055 Maximum density for "affordable projects". For projects containing at
least 20% units affordable to low income households as defined by the Riverside County
Housing Authority, a maximum density of 25 dwelling units per acre may be allowed by
precise plan. To be eligible for this program, the developer must enter into a
development agreement per Section 25.37 which will tie the zoning designation and the
precise plan approval to affordable housing performance standards.
/Ir
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ORDINANCE NO. 341
EXHIBIT "B"
Chapter 25.37
Development Agreements
SECTIONS•
25.37.010 Purpose
25.37.020 Eligibility
25.37.030 Contents
25.37.040 Public Hearing and Notice
25.37.050 Consistency
25.37.060 Rules, Regulations and Official Policies
25.37.070 Periodic•Review
25.37.080 Amendment or Cancellation
25.37.090 Recording of Agreement
25.37.100 Modification or Suspension to Comply with State or Federal Laws
25.37.110 Reversion of Zoning in the Event of Noncompliance with Terms and
Conditions
25.37.010 Purpose. The purpose of this chapter is to provide the city with greater
control and flexibility in the evaluation of projects by tailoring development standards to
the unique features of a particular site and linking them with specific development
proposals and performance criteria.
25.37.020 Eligibility. Persons or organizations entering into development
agreement with the city must have a legal or equity interest property. Project proposals
in the following zones are eligible for participation in the development agreement process
if they meet the specified findings.
A. Affordable high density planned residential. Projects receiving the AHDPR
designation require a development agreement to specify the condition under
which the high density is to be granted.
25.37.030 Contents. A development agreement shall specify or contain the
following:
A. Duration of agreement.
B. Permitted uses.
C. Maximum height and size of building.
D. A general site plan showing arrangement of uses, circulation and required
dedication.
E. A timetable for the completion of various project phases or other features
of the agreement.
F. Other conditions, terms, restrictions and requirements for subsequent
discretionary actions.
25.37.040 Public hearing and notice. A public hearing on an application for a
development agreement shall be held by the planning commission and city council. Notice
of intention to consider adoption of a development agreement shall be given as provided in
Chapter 25.86.
25.37.050 Form and consistency. A development agreement shall be approved by
ordinance and shall be consistent with general and specific plans.
25.37.060 Rules, regulations and official policies. Unless otherwise provided by
the development agreement, rules, regulations and official policies governing uses of the
land, density, design, improvement and construction standards and specifications,
applicable to development of the property subject to the agreement, shall be those rules
regulations and official policies in force at the time of the execution of the agreement. A
development agreement shall not prevent the city from subsequent actions applicable to
the property from applying new rules which do not conflict with those contained within
the agreement, nor shall a development agreement prevent the city from denying or
conditionally approving any subsequent development application on the basis of such
existing or new rules, regulations and policies.
ORDINANCE NO. 341
25.37.070 Periodic review. The planning commission shall review a development
agreement 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. Proceedings before the city council shall
be a noticed public hearing per Chapter 25.86.
25.37.080 Amendment or cancellation. In addition to provisions of Section
25.37.060, a development agreement may be amended or canceled in whole or in part by
mutual consent of the parties to the agreement or their successors. Procedure shall be as
described in Sections 25.37.040 and 27.37.050.
25.37.090 Recording of agreement. No later than 10 days after the city enters
into a development agreement, the city clerk shall record with the county recorder a copy
of the agreement, which shall describe the land subject thereto. From and after the time
of such recordation, the agreement shall impart such notice thereof to all persons as is
afforded by the recording laws of this state. The burdens of the agreement shall be
binding upon, and the benefits of the agreement shall inure to, all successors in interest to
the parties to the agreement.
25.37.100 Modification or suspension to comply with state or federal laws or
regulations. In the event that state or federal laws or regulations, enacted after a
development agreement has been entered into, prevent or preclude compliance with one
or more provisions of the development agreement, such provisions of the agreement shall
be modified or suspended as may be necessary to comply with such state or federal laws
or regulations.
25.37.110 Reversion of zoning in the event of noncompliance with terms and
conditions. In the event the terms and conditions are not complied with by the developer,
the zoning shall revert to the zoning which existed prior to the development.
/Ir
ORDINANCE NO. 341
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO THE ZONING ORDINANCE TEXT,
CREATING SECTION 25.055 AND CHAPTER 25.37
RELATING TO THE ESTABLISHMENT OF A HIGH
DENSITY DESIGNATION FOR PROJECTS WHICH
• INCLUDE LOW INCOME HOUSING; AND APPROVAL OF
A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AS IT PERTAINS THERETO.
CASE NO. ZOA 05-83
WHEREAS, the City Council of the City of Palm Desert, California, did on the
14th day of July, 1983, hold a duly noticed public hearing to consider a zoning ordinance
amendment creating Section 25.24.055 and Chapter 25.37 relating to the establishment of
a high density designation for projects which include low income housing; and approval of
a Negative Declaration of Environmental Impact as it pertains thereto;
WHEREAS, the Planning Commission, by Resolution No. 863, has recommended
approval;
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-8911, in that the director of environmental services has determined that
the project will not have a significant impact on the environment and a Negative
Declaration has been prepared; and,
WHEREAS, at said public hearing upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council did find the
following facts and reasons to exist to recommend approval of a zoning ordinance text
amendment:
( 1. That the zoning ordinance amendment is consistent with the objectives of
the zoning ordinance.
2. That the zoning ordinance amendment is consistent with the adopted general
plan.
3. That the zoning ordinance amendment would better serve the public health,
safety and general welfare.
NOW, THEREFORE, the City Council of the City of Palm Desert, DOES HEREBY
ORDAIN, as follows:
1. That the above recitations are true and correct and constitute the
considerations of the Council in this case.
2. That it does hereby approve a zoning ordinance text amendment, as provided
in the attached exhibit, labeled Exhibit "A" and Exhibit 'B".
3. The City Clerk is directed to publish this Ordinance once in the Palm Desert
Post, a newspaper of general circulation, published and circulated in the
City of Palm Desert, and shall certify to the passage of adoption of this
Ordinance, and the same shall be in full force and effect thirty (30) days
after its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this I Ith day of August, 1983, by the following vote, to wit:
AYES: JACKSON, KELLY, PULUQI, SNYDER
NOES: NONE
ABSENT: WILSON
ABSTAIN: NONE
O S. UL QI, L ayor
,ATTEST:
SHEILA R. GI AN, City
City of Palm Desert, Califo
Ar
ORDINANCE NO.
EXHIBIT "B"
Chapter 25.37
Development Agreements
SECTIONS•
25.37.010 Purpose
25.37.020 Eligibility
25.37.030 Contents
25.37.040 Public Hearing and Notice
25.37.050 Consistency
25.37.060 Rules, Regulations and Official Policies
25.37.070 Periodic Review
25.37.080 Amendment or Cancellation
25.37.090 Recording of Agreement
25.37.100 Modification or Suspension to Comply with State or Federal Laws
25.37.010 Purpose. The purpose of this chapter is to provide the city with greater
control and flexibility in the evaluation of projects by tailoring development standards to
the unique features of a particular site and linking them with specific development
proposals and performance criteria.
25.37.020 Eligibility. Persons or organizations entering into development
agreement with the city must have a legal or equity interest property. Project proposals
in the following zones are eligible for participation in the development agreement process
if they meet the specified findings.
A. Affordable high density planned residential. Projects receiving the AHDPR
designation require a development agreement to specify the condition under
which the high density is to be granted.
25.37.030 Contents. A development agreement shall specify or contain the
following:
A. Duration of agreement.
B. Permitted uses.
C. Maximum height and size of building.
D. A general site plan showing arrangement of uses, circulation and required
dedication.
E. A timetable for the completion of various project phases or-other features
of the agreement.
F. Other conditions, terms, restrictions and requirements for subsequent
discretionary actions.
25.37.040 Public hearing and notice. A public hearing on an application for a
development agreement shall be held by the planning commission and city council. Notice
of intention to consider adoption of a development agreement shall be given as provided in
Chapter 25.86.
25.37.050 Form and consistency. A development agreement shall be approved by
ordinance and shall be consistent with general and specific plans.
25.37.060 Rules, regulations and official policies. Unless otherwise provided by
the development agreement, rules, regulations and official policies governing uses of the
land, density, design, improvement and construction standards and specifications,
applicable to development of the property subject to the agreement, shall be those rules
regulations and official policies in force at the time of the execution of the agreement. A
development agreement shall not prevent the city from subsequent actions applicable to
the property from applying new rules which do not conflict with those contained within
the agreement, nor shall a development agreement prevent the .city from denying or
r
,
_.FORDABLE HOUSING AGREEMEh,
THIS AGREEMENT, made as of this day of ,
1981, between the CITY OF THOUSAND OAKS , a California municipal corpora-
tion, (hereinafter "CITY") , and the AWARENESS DEVELOPMENT COMPANY,
(hereinafter "DEVELOPER") , provides:
RECITALS
1. DEVELOPER is owner of certain real property located within the
City of Thousand Oaks , California, which property is described in Exhibit A,
attached hereto and made a part hereof (hereinafter "PROPERTY") . DEVELOPER
has applied for and been granted a rezoning of the PROPERTY to hPD-30
and has been granted a Residential Planned Development Permit to construct
fifteen (15) residential dwelling units on the property.
2. As a condition of said rezoning and Permit, CITY has required
that a specified number of units under the Permit (hereinafter "PROJECT")
would be set aside for Low and Moderate Income Occupants, subject to
restrictions necessary to insure the units continued use by Low and Moderate
Income persons.
3. DEVELOPER and CITY desire to further memorialize and imple-
ment the conditions of the rezoning and the PROJECT and do hereby agree to
the following terms and conditions.
AGREEMENT
1. DEVELOPER has been granted permission by the CITY to construct
fifteen (15) residential dwelling units on the property which permission was
given in RPD Permit No. and Rezoning Application No.
As a condition of said Permit and rezoning, DEVELOPER was required, and
hereby agrees , to reserve for sale units for sale to Low Income and
Moderate Income persons. Of the Low Income units , shall have one-
bedroom and shall have two-bedrooms. Of the Moderate Income
units, shall have one-bedroom and shall have two-
bedrooms. Hereinafter, said Low and Moderate Income units shall be referred
to as "AFFORDABLE HOUSING UNITS".
,1
• 2. As part of the conditions of approval of said permits , CITY
agrees to do the following.
a. Waive fees and charges as follows:
b. Consent to certain deviations from CITY standards
applicable to all of the PROJECT units as follows:
(1) Total number of parking spaces:
(2) Side yard setback of feet.
(3) Building height of feet.
(4) Private usable open space: square feet.
(5) Common open space: square feet.
(6) Recreation amenities shall be limited to:
3. As used herein, "Low Income" and "Moderate Income" shall refer
to families or individuals whose gross annual income falls within ranges
established from time-to-time by resolution of the City Council, based upon
financial and demographic information received from the Department of
Housing and Urban Development or its successor agency or any other appro-
priate source. In the absence of a City Council resolution, the above-mentioned
terms shall be as defined in the California Health and Safety Code.
4. DEVELOPER agrees to sell the AFFORDABLE HOUSING UNITS at
the following prices:
Said sale prices shall be adjustable and may be adjusted by DEVELOPER, after
written consent by CITY , in February of each year until all of the AFFORDABLE
HOUSING UNITS are initially sold in the calendar years following 1982 , by the
amount by which the Cost of Living Index, All Urban Earners in the Los Angeles/
Long Beach area (1967=100) figure for December of each year starting in 1982,
increases or decreases in relation to the December 1980 base year.
2.
5. Pri,.. to selling or entering into a contract to sell any
AFFORDABLE HOUSING UNITS , the DEVELOPER shall furnish the CITY
with such information pertaining to the prospective purchaser as
may be reasonably required by the CITY to enable the CITY to qualify
the prospective purchaser. The information shall include but not be
limited to financial information in order that the CITY may confirm the
Low or Moderate Income status of the prospective purchaser. For
otherwise financially qualified prospective purchasers, the CITY may
prefer residents of the CITY , those who work here, or former
residents of the CITY who were forced to move because they could no
longer afford to live here. The information submitted by the prospective
purchaser shall be signed by him/her, who shall verify in writing to the
CITY that the unit is being acquired for use as his/her principal place
of residence. The DEVELOPER shall sell units designated as AFFORDABLE
HOUSING UNITS only to persons who have been certified by the CITY.
6. The DEVELOPER agrees that before the time it conveys title to
any AFFORDABLE HOUSING UNIT, it shall cause to be recorded a Deed
Restriction controlling transfer of the unit. The Deed Restriction shall be
recorded for each and every AFFORDABLE HOUSING UNIT and be in the
form set forth in Exhibit B , which is attached hereto and made a part hereof
by this reference. The DEVELOPER shall take such measures as may be
necessary to insure that each potential buyer of an AFFORDABLE HOUSING
UNIT is made aware of the Deed Restriction before the buyer becomes
obligated to purchase the unit, and to require the buyer to require an
acknowledgement of the existence of the Deed Restriction from buyers or
transferees from then on. The DEVELOPER and all buyers and transferees,
initial and subsequent, shall provide written proof to the CITY of the
acknowledgement of the existence of the Deed Restriction. It is the intention
of the parties to this Agreement that the AFFORDABLE HOUSING UNITS
shall be and remain for the term of this Agreement , affordable to Low and
U4
3.
1
I '
Moderate Income persons and shall not be used, transferred, sold or
otherwise disposed of in a manner which shall in any way undermine this
intention. Further, it is the intention of the parties that upon the sale or
transfer of the PREMISES , which is the last under the terms of that
restriction and which is assumed would be at or near market value., the
proceeds of the sale or transfer in excess of the amount at which the
PREMISES could be sold to a person of Low or Moderate Income under this
Agreement, and the restrictions , if they were to remain in effect, is to be
paid to the CITY. The parties recognize that to permit the total proceeds to
be paid to, and kept by, the seller, would result in a windfall to that person
who was permitted to purchase the PREMISES at an affordable price and who
should have had no expectation of realizing a return on his/her investment
by virtue of reselling the unit free from the controls placed upon it by this
Agreement and the Deed Restrictions.
7. The DEVELOPER shall not discriminate with respect to sales of
any AFFORDABLE HOUSING UNITS on the basis of race, color, creed, sex,
national origin, or age. The AFFORDABLE HOUSING UNITS shall be equipped
in the same fashion as other units in the project. The exterior of the
AFFORDABLE HOUSING UNITS shall be of substantially similar quality and
desirability as other units in the PROJECT. The DEVELOPER shall not discri-
minate between Low and Moderate Income occupants and any other occupant with
respect to location and services provided or available. Depending upon the
nature of the PROJECT , the AFFORDABLE HOUSING UNITS shall be reasonably
dispersed throughout the PROJECT. The Low or Moderate Income status of any
occupant shall be strictly confidential and the DEVELOPER and his successors
and assigns shall not disclose to any person or entity such status or any other
financial data without the prior written consent of the occupant or prospective
purchaser; provided, however, the DEVELOPER or the CITY shall not
be prevented from recording the appropriate documents so as to make
them a part of the chain of title of the AFFORDABLE HOUSING UNIT.
,A .
11,1
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MINUTES
PALM DESERT PLANNING COMMISSION
JUNE 7, 1983
findings as recommended by staff; carried unanimously 5-0.
Moved by Commissioner Kryder, seconded by Commissioner Downs, to adopt
Planning Commission Resolution No. 861, approving CUP 08-83 and VAR 02-83,
subject to conditions; carried unanimously 5-0.
D. Case Nos. GPA O1-83, OA 05-83, C/Z 02-83, and PP 07-83, ONE QUAIL
PLACE, Applicant
Request for approval of a general plan amendment, zoning
ordinance amendments, change of zone, precise plan and
Negative Declaration of Environmental Impact to allow the
construction of 384 apartment units on approximately
17.85 acres located between Fred Waring Drive and Park
View Drive, east of the Palm Valley Storm Channel.
Mr. Drell in reviewing the staff report pointed out that this project would have a
density of 21.5 units per acre. The applicant proposes to use tax exempt bond
financing in order to reduce housing cost. This would require the applicant to
provide 20% low income units as defined by the Riverside County Housing
Authority. Mr. Drell stated that if a 22 unit per acre project were acceptable the
proposed site plan represents an efficient design and the site is suitable. Mr. Drell
concluded that if the concept as presented was an acceptable means to achieving
the city's housing goals the application and associate amendments should be
approved.
Mr. Drell noted that a letter was received by the City of Rancho Mirage in
opposition of this project because it was felt the density was too high and extreme
traffic conjestion would result on, Parkview Avenue. Mr. Drell stated that both
Parkview Avenue and Fred Waring Drive could accommodate any future traffic
generated by development in the area.
Chairman Wood opened the public hearing and, asked if the applicant wished to
make a presentation.
MR. DENNIS MARTIN, 73-725 El Paseo, explained that the high density
would be the only way to meet the affordable housing needs together with
tax exempt bond financing. He noted that if the bond financing were to
become a problem he would like to work something out with the city. He
requested a modification in the parking requirements; 25% to be compact
spaces in order to have more green area. He requested to put a 6 foot
chainlink fence with trees along the flood control channel rather than block
wall. He also requested the elimination of the 3 foot high wall along Fred
Waring Drive and Parkview Avenue. In addressing the City of Rancho
Mirage concern for traffic on Parkview Avenue, Mr. Martin felt that once
converted to four lanes the street would be able to handle the traffic
generated by this project.
Commissioner Crites felt that compact spaces would only create a parking
problem; he was uncertain as to how they would be regulating the prohibition of
large vehicles in these compact spaces.
Commissioner Crites asked staff how they felt regarding the elimination of the 3
foot masonry wall along Fred Waring and Parkview. Mr. Diaz replied that the 3
foot wall would serve as a screen for parking areas from street view.
Commissioner Richards asked if there would be a great difference in the monthly
rent from the subsidized rents to the regular rents. Mr. Martin replied that the
market rent would be lowered $11 to $13 less by the bond program.
Chairman Wood asked Mr. Martin if the bond financing were not to work out what
alternatives did he have. Mr. Martin stated he would finance on conventional loan.
Chairman Wood asked if Mr. Martin can provide adequate regulation for the
compact spaces. Mr. Martin replied affirmative.
-4-
MINUTES
PALM DESERT PLANNING COMMISSION
JUNE 7, 1983
It was noted to add "or as approved by the architectural review commission" to
Condition No. 7.
Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION
to the project.
MR. JACK BENNETT, 2102 Areta St., Newport Beach, stated he was very
much in favor of the project.
Chairman Wood closed the public hearing and asked for the pleasure of the
commission.
Commissioner Richards was. concerned that bond financing would become a
problem and noted that Mr. Martin stated in his presentation that if it did become
a problem he would like to work something out with the city. He stated that it was
a good project but that the free market should determine rents. He also felt that
the definition for affordable housing was questionable and that this project should
be binding with bond financing.
Commissioner Kryder agreed with Commissioner Richards and added that it would
be a serious mistake and it could not possibly be regulated in the proper manner.
Commissioner Crites felt that this project would begin the process of the needed
affordable housing provision. He noted that the state program already had
approved the affordable housing program and felt that the definition could be
properly defined. This was an opportunity for the city and/or community to
provide the needs of those people who cannot otherwise afford the high cost of
rent.
Chairman Wood stated that the financing problem was not a planning commission
matter and the commissioners should concentrate on the project itself.
Commissioner Kryder felt that the project in general and the financing for it can
not be separated.
It was noted that Commissioners Richards and Kryder were only objectional to the
bond financing but not the project as proposed.
Moved by Commissioner Downs, seconded by Commissioner Crites, to adopt
findings as recommended by staff; carried 3-2 (Commissioners Kryder and Richards
voting NAY).
Moved by Commissioner Downs, seconded by Commissioner Crites, to adopt
Planning Commission Resolution No. 862, recommending approval of GPA 01-83;
Planning Commission Resolution No. 863, recommending approval of ZOA 05-83;
Planning Commission Resolution No. 864, recommending approval of C/Z 02-83;
and, Planning Commission Resolution No. 865, approving PP 07-83, subject to
conditions; carried 3-2 (Commissioners Kryder and Richards voting NAY).
VIII. MISCELLANEOUS ITEMS
Letter received from Richard H. Fromme requesting clarification on zoning
requirements for car washes.
Mr. Diaz informed the commission that a letter was received by Mr. Fromme
stating that he had read in the paper that the Palm Desert Town Center was going
to have a car wash in their facility. He was requesting a clarification on this
matter being that he was told approximately five years ago that no more car would
not allowed in the city.
It was the consensus of the commission that a study was in order for planning
commission determination.
Moved by Commissioner Richards, seconded by Commissioner Downs, to instruct
staff to study and report back to commission; carried unanimously 5-0.
-5-
ORDINANCE NO. 341
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO THE ZONING ORDINANCE TEXT,
CREATING SECTION 25.055 AND CHAPTER 25.37
RELATING TO THE ESTABLISHMENT OF A HIGH
DENSITY DESIGNATION FOR PROJECTS WHICH
INCLUDE LOW INCOME HOUSING; AND APPROVAL OF
A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AS IT PERTAINS THERETO.
CASE NO. ZOA 05-83
WHEREAS, the City Council of the City of Palm Desert, California, did on the
14th day of July, 1983, hold a duly noticed public hearing to consider a zoning ordinance
amendment creating Section 25.24.055 and Chapter 25.37 relating to the establishment of
a high density designation for projects which include low income housing; and approval of
a Negative Declaration of Environmental Impact as it pertains thereto;
WHEREAS, the Planning Commission, by Resolution No. 863, has recommended
approval;
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-8911, in that the director of environmental services has determined that
the project will not have a significant impact on the environment and a Negative
Declaration has been prepared; and,
WHEREAS, at said public hearing upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council did find the
following facts and reasons to exist to recommend approval of a zoning ordinance text
amendment:
1. That the zoning ordinance amendment is consistent with the objectives of
the zoning ordinance.
2. That the zoning ordinance amendment is consistent with the adopted general
plan.
3. That the zoning ordinance amendment would better serve the public health,
safety and general welfare.
NOW, THEREFORE, the City Council of the City of Palm Desert, DOES HEREBY
ORDAIN, as follows:
1. That the above recitations are true and correct and constitute the
considerations of the Council in this case.
2. That it does hereby approve a zoning ordinance text amendment, as provided
in the attached exhibit, labeled Exhibit "A" and Exhibit "B".
3. The City Clerk is directed to publish this Ordinance once in the Palm Desert
Post, a newspaper of general circulation, published and circulated in the
City of Palm Desert, and shall certify to the passage of adoption of this
Ordinance, and the same shall be in full force and effect thirty (30) days
after its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this day of , 1983, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROMEO S. PULUQI, Mayor
ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
/lr
ERWIN & ANDERNOLT
R DAVID J.ERWIN A PROFESSIONAL LAW CORPORATION
\\v
J.JOHN ANDERHOLT 74-090 EL PASEO "7-7 _ri I TELEPHONE
J EFFE RY S.R.PATTERSON POST OFFICE BOX 769 i jAREA CODE 618
MICHAEL J.ANDEL50N 566-2611
OOUGLAS S.PHILLIPS PALM DESERT,CALIFORNIA 92261
GREGORY A.SWAJIAN KENNETH WARING
C! ADMINISTRATOR
NEOMA R.KNITTER -^�:, ..
CHARLES M. ELLI5 July 15, 1983 "• � - %: riU.
LANTSON E.ELDRED
JONATHAN S.LANDAU
SCOTT R.PIN20NE
JOSEPH A.ROMAN
Mrs. Sheila Gilligan
City of Palm Desert
P. O. Box 1977
Palm Desert, California 92261
RE: ONE QUAIL PLACE
Dear Sheila:
I have reviewed the Staff Report and the
ordinances attached. The following corrections should -be
made to Ordinance No . 341 :
In the first Line of the title, the word
"resolution" should be changed to "ordinance" and two-thirds
of the way down the page where it says "NOW, THEREFORE",
this sentence should read as follows: "NOW, THEREFORE, the
City Council of the City of Palm Desert, does hereby ordain
as follows: "
On Exhibit "B" , the Development Agreement, you
should strike the last sentence in 25 . 37. 050. That is in
conflict with the existing state law.
Ray Diaz should also be advised of these changes.
Your very truly,
i
��IDJ. ERWIN
DJE: st �.
encls.
i
5. IJL-IlY Lll
July 8, 1983
City Council
City of Palm Desert
Post Office Box 1977
Palm Desert 92261
Dear Lady and Gentlemen:
We understand that the project "One Quail Place" will
appear before you for consideration on July 14, 1983.
As an employer with over 300 people on our staff in
Palm Desert, we understand the importance of developing
affordable housing in our area. We believe that as the
City expands , this will continue to become a critical
problem.
We respectfully urge your approval of the project and
encourage your consideration of similar projects- in the
future.
Sincerely,
Jack M. Conlon
President
JMCgg
75-005 Country Club Drive, Palm Desert, California 92260• Telephone 619!568-2828
BUILDER OF AMERICAS FINEST COUNTRY CLUB COMMUNITIES