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Home My WebLink AboutORD 377ORDINANCE NO. 377 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE MANAGEMENT OF AN APPROVED 512 UNIT APARTMENT COMPLEX LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE, 1800 FEET EAST OF MONTEREY AVENUE. CASE NO. DA-3 WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th day of May, 1984, hold a duly noticed public hearing to consider a request by WESTERN COMMUNITY DEVELOPERS for approval of a development agreement specifying the terms and conditions for the management of an approved 512 unit apartment complex containing 103 "affordable units" located on the south side of Country Club Drive, 1800 feet east of Monterey Avenue. 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 city council did find the following facts and reasons to exist to approve 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. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: I. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That it does hereby approve DA-3 as described in Exhibits "A" for reasons set out in the staff report and this resolution. 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 City Council of the City of Palm Desert, California, held on this 14th day of June, 1984, by the following vote, to wit: AYES: KELLY, WILSON, SNYDER NOES: PULUQI ABSENT: JACKSON ABSTAIN: NONE T: SHEILA R. GILLICAN, City City of Palm Desert, Calif(? Am WALTER H. SNYDER, M or W 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 1, 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 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 $401 22 - 2 bedroom 2 bath $451 43 - 2 bedroom 2 bath $502 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. ff 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 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. 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 W 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. (Notarized) ATTEST: SHEILA R. C.'LLIGAN, CIT CLERK CITY OF PALM DESERT, IFORNIA THE CITY OF PALM DESERT B ��✓�� WALTER H. SNYDER, MAYOR By WESTERN COMMUNITY DEVELOPERS B D. �AROR�ABAUGH�� t CITY COUNCIL ORDINANCE NO. 377 EXHIBIT "1" PARCELI: The East 10 acres of the West 30 acres of the Northeast quarter of the Northwest quarter of Section 8, Township 5 South, Range 6 East, San Bernardino Meridian, in the City 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 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 28, 1949, as Instrument No. 3235. DAD(`T:T I. The East 15 acres of the West 30 acres of the Northeast quarter of the Northwest quarter of Section 8, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of Palm Desert, County of Riverside, State of California, according to the official plat 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 28, 1949 as Instrument No. 3235. -7- t w CITY COUNCIL ORDINANCE NO. 377 PARCEL 3: The East 10 acres of the Northeast quarter of the Northwest quarter of Section 8, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of Palm Desert, County of Riverside, State of California, according to the official plat thereof. EXCEPT the Northerly 44.00 feet thereof as granted to the County of Riverside, by deed recorded April 14, 1958, in Book 2254, Page 592 of Official Records. 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. -8- W CITY COUNCIL ORDINtiNCE NO. 377 EXHIBIT "2" SECTION 8 INCOME LIMITSI March 1983 Persons in the Family 1 Very Low Income Other Low Income 2 Very Low Income Other Low Income 3 Very Low Income Other Low Income 4 Very Low Income Other Low Income 5 Very Low Income Other Low Income 6 Very Low Income Other Low Income 7 Very Low Income Other Low Income 8 Very Low Income Other Low Income Definitions: Riverside/San Bernardino $ 8,800 14,050 10,050 16,050 11,300 18,050 12,550 20,100 13,550 21,350 14,550 22,600 15,550 23,850 16,550 25,100 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. -9- r