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HomeMy WebLinkAboutRes No 0967PLANNING COMMISSION RESOLUTION NO. 967 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 RENTING OF AN APPROVED 28 UNIT APARTMENT COMPLEX LOCATED 225 FEET SOUTH OF THE HIGHWAY 111 FRONTAGE ROAD, BETWEEN DEEP CANYON ROAD AND SHADOW HILLS ROAD. Case No. DA-5 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of June, 1984, hold a hearing to consider a request by TED MARTINEZ for approval of a development agreement specifying the terms and conditions for the renting of an approved 28 unit apartment complex located 225 feet south of the Highway 111 frontage road, between Deep Canyon Road and Shadow Hills Road, more particularly described as: Lots 2,3,8,9 of Shadow Hills Estates Tract or APN 625-162-036 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 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-5 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 19th day of June, 1984, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DOWNS, ERWOOD, RICHARDS, WOOD, CRITES NONE NONE NONE --. Lz BUFesRD CRITES, Chairman ATTEST: • AMON A. DIAZ, Secretacjy /lr PLANNING COMMISSION RESOLUTION NO. 967 EXHIBIT "A" TED MARTINEZ AFFORDABLE HOUSING AGREEMENT This agreement, made as of this day of , 1984, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Ted Martinez, (hereinafter "DEVELOPER") provides: MO 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 a density bonus pursuant to Section 65915 of the California Government Code and approval of a precise plan (PP 84-5) to construct 28 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 84-5 (hereinafter "PROJECT") would be set aside for moderate 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 28 rental residential units on the PROPERTY by Precise Plan 84-5 and Planning Commission Resolution No. 948. As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent 6 units for moderate income households. Hereinafter these 6 units shall be referred to as "MODERATE AFFORDABLE UNITS." 2. As used herein, "moderate income households" shall refer to families or individuals whose gross income does not exceed 100% of the Riverside/San Bernardino 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 shall be updated automatically as information is obtained from HUD. If in the future more me relevant or timely 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 income of moderate -2- PLANNING COMMISSION RESOLUTION NO. 967 income households. One bedroom, one bath units shall be based on income figures for two person households; two bedroom, two bath units, four person households; resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. Max. Rents Max. Income 1 bedroom 1 bath $501 $20,062 2 bedroom 2 bath $628 $25,100 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. 5. The DEVELOPER shall not discriminate on the basis of race, creed, sex, national origin, or age. The MODERATE 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 pojrect. 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 $2500 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. The term of this agreement shall run for thirty years during which period 10 aforementioned MODERATE AFFORDABLE UNITS shall be reserved for moderate 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 MODERATE AFFORDABLE UNITS for lower income households throughout the remaining term of the agreement. 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. -3- PLANNING COMMISSION RESOLUTION NO. 967 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. 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. 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 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. TED MARTINEZ THE CITY OF PALM DESERT (Notarized) ATTEST: -4- PLANNING COMMISSION RESOLUTION NO. 967 EXHIBIT "1" LEGAL DESCRIPTION OF PROPERTY Lots 2, 3, 8 & 9 of Shadow Hills Estates Tract, also known as: Assessor parcel number 625-162-036. -5- PLANNING COMMISSION RESOLUTION NO. 967 EXHIBIT "2" HUD MEDIAN INCOME LIMITS March, 1983 PERSON IN FAMILY 2 4 $20,062 $25,100