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HomeMy WebLinkAboutRes No 0936PLANNING COMMISSION RESOLUTION NO. 936 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE MARKETING AND SALE OF AN APPROVED 352 UNIT CONDOMINIUM PROJECT GENERALLY LOCATED EAST OF COOK STREET NORTH OF HOVLEY LANE. CASE NO. DA-2 WHEREAS, the planning commission of the City of Palm Desert, California, did on the 21st day of February, 1984, hold a duly noticed public hearing to consider a request by TAVAGLIONE CONSTRUCTION COMPANY for approval of a development agreement specifying the terms and conditions for the marketing and sale of an approved 352 unit condominium project generally located east of Cook Street north of Hovley Lane. 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 moderate income households. NOW, THEREFORE, BE IT RESOLVED by the planning commission of the City of Palm Desert, California, 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 02 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 21st day of February, 1984, by the following vote, to wit: AYES: CRITES, DOWNS, ERWOOD, RICHARDS NOES: NONE ABSENT: WOOD ABSTAIN: NONE 4 ATTEST: Secretary /tm RALPH B. WOOD, Chairman PLANNING COMMISSION RESOLUTION NO. 936 EXHIBIT "A" TAVAGLIONE/PALM DESERT MODERATE INCOME HOUSING DEVELOPMENT AGREEMENT This agreement is made and entered into this day of , 1984, by and between the City of Palm Desert, hereinafter referred to as the "CITY" and Nick Tavaglione Construction Company, hereinafter referred to as the "DEVELOPER" provides: 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"). 2. Pursuant to the goals and objectives of the Palm Desert General Plan Housing Element and provisions of California State Government Code Section 65915 designed to facilitate the construction of housing affordable to moderate income households, DEVELOPER has applied and been granted conditional approval of Tentative Map 19847 and Precise Plan of Design 27-83 (hereinafter "PROJECT") to construct 352 residential condominium units on the PROPERTY. These approvals included a 25% density bonus increasing the density from 5 du/ac to 6.25 du/ac. 3. As used herein, "moderate income households" shall refer to families or individuals whose gross income does not exceed 120% of the Riverside County median income based upon financial and demographic information received from the United States Department of Housing and Urban Development (HUD) or its successor agency. This information is contained in "Exhibit B" and shall be updated automatically as data is PLANNING COMMISSION RESOLUTION NO. 936 obtained from HUD. If in the future more current data is made available by the United States Bureau of Labor Statistics or other officially recognized agencies, the applicant may request amendment to this AGREEMENT to include this data. 4. State Government Code Section 65915 requires that at least 25% of the units (hereinafter referred to as "AFFORDABLE UNITS") within the PROJECT be affordable by moderate income households. Pursuant and in addition to this requirement, the DEVELOPER hereby agrees to price 100% of the units within Phase I of the PROJECT consistent with the income limits of moderate income households. This maximum selling price shall be based upon a monthly payment (mortgage, taxes and insurances) approximately equivalent to 30% of the maximum gross monthly income of a moderate income household. This figure shall be adjusted according to size and type of unit. The following selling maximum prices shall apply to Phase I of the PROJECT. - 42 two bedroom two story 991 sq. ft. $68,000 - 16 two bedroom one story 961 sq. ft. $70,000 - 42 three bedroom two story 1288 sq. ft. $78,000 5. The marketing program for the PROJECT shall give priority to moderate income households and shall include the following features: a. 30 days prior to the opening of each phase, the DEVELOPER shall advertise and receive applications from eligible moderate income home buyers. The minimum qualifications shall be: 1. Minimum 2 person household. 2. Maximum income for the following household sizes: 4 persons or less - $30,150 (two bedroom unit) 5-6 persons - $33,900 (three bedroom unit) -2- PLANNING COMMISSION RESOLUTION NO. 936 3. The unit must be the purchaser's sole permanent residence. b. If the number of applicants meeting minimum qualifications exceeds the number of units offered, then the following priorities shall apply: 1. First time home buyers: Households which have not owned a home within the last 5 years. 2. Single parent households. c. If 25% of the units within each phase are not sold to the target group during the pre -opening application period, sufficient units shall be reserved during the next 60 days to insure that the 25% moderate income target can be achieved. Units remaining after this 60-day period may be marketed without restriction other than price provisions of section 4 of this agreement. d. At least 120 days prior to the opening of each subsequent phase, the DEVELOPER shall submit a price schedule to the CITY consistent with the requirements of this AGREEMENT. A minimum of 25% of the units in each phase must conform to HUD moderate income guidelines. e. The DEVELOPER agrees to allow the city to audit DEVELOPER'S records to determine that terms of this AGREEMENT are being complied with. 6. The DEVELOPER shall not discriminate on the basis of race, creed, sex, national origin or age. 7. The terms of this AGREEMENT shall run until all units of the PROJECT are sold. -3- PLANNING COMMISSION RESOLUTION NO. 936 8. 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. 9. 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. Proceedings 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. 8 of this AGREEMENT. 10. 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. 11. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each such -4- PLANNING COMMISSION RESOLUTION NO. 936 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 PALM DESERT By By NICK TAVAGLIONE CONSTRUCTION (Notarized) By ATTEST: -5-