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HomeMy WebLinkAboutRes No 893PLANNING COMMISSION RESOLUTION NO. 893 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT RECOMMENDING TO CITY COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE MANAGEMENT AND FINANCING OF AN APPROVED 384 UNIT APARTMENT COMPLEX LOCATED EAST OF PALM VALLEY STORM CHANNEL BETWEEN PARKVIEW DRIVE AND FRED WARING DRIVE. CASE NO. DA 01-83 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of October, 1983, hold a duly noticed public hearing to consider a request by ONE QUAIL PLACE for approval of a development agreement specifying terms and conditions for the management and financing of an approved 384 unit apartment complex containing 77 "affordable units" located east of the Palm Valley Channel between Parkview Drive and Fred Waring Drive. WHEREAS, said application has complied with 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 had determined the project has been assessed in connection with previous approvals and no further documentation is deemed necessary. WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments of all persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of the development agreement. 1. The proposed development agreement is consistent with the General Plan Zoning Ordinance and specifically implements policies contained within the Housing Element. 2. The proposed agreement will facilitate the production of housing affordable by low and moderate income households. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That it does hereby recommend approval to the City Council that DA 01-83 be adopted as described in Exhibits "A" for reasons set out in the staff report and this resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of October, 1983, by the following vote, to wit: AYES: CRITES, DOWNS, ERWOOD NOES: NONE ABSENT: RICHARDS, WOOD ABSTAIN: NONE ATTEST: ON A. DIAZ, Secreta /lr RALPH B. WOOD, Chairman PLANNING COMMISSION RESOLUTION NO. 893 EXHIBIT "A" ONE QUAIL PLACE AFFORDABLE HOUSING DEVELOPMENT AGREEMENT This agreement, made as of this day of , 1983, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and One Quail Place, a limited partnership, (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 A, attached hereto and made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and been granted a change of zone (C/Z 02-83) of PROPERTY to AHDPR-22 and approval of a precise plan (PP 07-83) to construct 384 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 07-83 (hereinafter "PROJECT") would be set aside for low income occupants subject to restrictions necessary to insure the continued occupancy of said units by low 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 384 rental residential units on the PROPERTY by Change of Zone 02-83, Ordinance 342, Precise Plan 07-83, and City Council Resolution No. 83-72. As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent 77 units for low income households. Hereinafter these 77 units shall be referred to as "AFFORDABLE UNITS". These AFFORDABLE UNITS shall consist of 31 one -bedroom one -bath, 15 two - bedroom one -bath, and 31 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 B" and shall be updated automatically as information is obtained from HUD. If in the future more relevant data is made available by the United States Bureau of Labor Statistics or other -2- PLANNING COMMISSION RESOLUTION NO. 893 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 income of low income households. One bedroom, one bath units shall be based on income figures for two person households; two bedroom, one bath, 3 person households; and, two bedroom, two bath, four person households, resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. 1 bedroom 1 bath $401 2 bedroom 1 bath $451 2 bedroom 2 bath $502 The DEVELOPER may build the project in 3 phases provided that each phase contains at least 20% AFFORDABLE UNITS in the proportions specified by Article No. 1 and that each phase contains a complete circulation system. Recreational facilities shall also be provided along the same ratio as is present in the complete PROJECT. 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 DEVELOPERS cost by the CITY or its assigned agents determining compliance with all aspects of this agreement. 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 condition 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. As part of this AGREEMENT the CITY shall adopt an inducement resolution preparatory to the issuance of revenue bonds for the purpose of providing financing for the PROJECT. The DEVELOPER shall pay all initial legal and administrative costs of the bond program. These costs shall be reimbursed when the bond sale -3- PLANNING COMMISSION RESOLUTION NO. 893 occurs. 8. The term of this agreement shall run for thirty years during which period 77 aforementioned AFFORDABLE UNITS shall be reserved for low 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 include a program to maintain the availability of the AFFORDABLE UNITS for low income households throughout the remaining term of the agreement. 9. 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. 10. 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 R-2 (6) S.P. 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. 9 of this AGREEMENT. 11. 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. ONE QUAIL PLACE CITY OF PALM DESERT -4- PLANNING COMMISSION RESOLUTION NO. 893 EXHIBIT "A" OF DEVELOPMENT AGREEMENT LEGAL DESCRIPTION That portion of the Southwest quarter of the Southeast quarter of Section 18, Township 5 South, Range 6 East, San Bernardino Base and Meridian, according to an official plat of said land filed in the District Land Office November 26, 1856, described as follows: Beginning at the South line of said Section, South 89° 12' West, 660 feet from the Southwest corner of Palm Dell Estates, as shown by Map on file in Book 21 page 66 of Maps, Riverside County Records, being the Southwest corner of that certain parcel conveyed to Wiefels and Son by Deed recorded February 5, 1962, as Instrument No. 10987, in Book 3071, page 390 of Official Records; thence continuing South 89° 12' West, 525 feet, more or less, on said South line to the Southeast corner of that certain parcel conveyed to the Coachella Valley County Water District by Deed recorded January 22, 1960 as Instrument No. 6187, in Book 2521, page 94 of Official Records; thence North 1253.19 feet on the East line of said parcel to the Southwest corner of that certain parcel conveyed to the County of Riverside by Deed recorded December 16, 1963 as Instrument No. 132567, in Book 3560, page 9 of Official Records; thence North 85° 13' 34" East, 532.96 feet on the Southerly line of said Parcel to a point on the Westerly line of that certain parcel described as Parcel 3 in Deed to Penelope A. Rigby by Deed recorded November 28, 1961 as Instrument No. 101782, in Book 3027, page 335 of Official Records; thence South 00° 06' 30" East 394.57 feet on the West line of said parcel to the Southwest corner thereof; thence North 89° 15' East 330 feet on the South line of said Parcel and its Easterly extension to the Northwest corner of Parcel 1, described in said Deed to Rigby; thence South 0° 06' 30" east 490 feet on the West line of said Parcel to the Northeast corner of that certain parcel conveyed to Wiefels and Son by Deed thereinabove referred to; thence south 89° 12' West, 330 feet on the North line of said parcel to the Northwest corner thereof; thence South 00° 06' 30" East 396 feet on the West line of said parcel to the point of beginning; Excepting therefrom that portion as described in the deed to the County of Riverside recorded December 21, 1964 as Instrument No. 151987. Said land is also situated in the City of Palm Desert. -5- PLANNING COMMISSION RESOLUTION NO. 893 EXHIBIT "B" SECTION 8 INCOME LIMITS' 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. 1The HUD Income Limits were issued as of March 1, 1983. These Section 8 limits may be in effect for one or more years. -6-