HomeMy WebLinkAboutORD 378CITY 0.1 T.:J . ...._.:T
* ' _ FEE
WHEN RECORDED MAIL TO: 8103 OF 3 GOVT. CODE
CITY OF PALM DESERT ORDINANCE NO. 378
P.O. BOX 1977
PALM DESERT, CA 92261 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
ATTN: CITY CLERK OF PALM DESERT, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT RELATING TO TERMS
AND CONDITIONS FOR THE MANAGEMENT OF A 40
UNIT APARTMENT PROJECT CONTAINING 10 UNITS
AFFORDABLE BY MODERATE INCOME HOUSEHOLDS.
CASE NO. DA-4
I'.,
WHEREAS, the City Council of the City of Palm Desert, California, did on the
28th day of June, 1984, hold a duly noticed public hearing to consider a request by
NELSON DEVELOPMENT COMPANY, INC., for approval of a development agreement
specifying terms and conditions for the management of a 40 unit apartment project
containing 10 "moderate affordable" units to be developed under the density bonus
provisions of Section 65915 of the California State Government Code.
WHEREAS, the Planning Commission, by Resolution No. 959 has recommended
approval;
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 previously assessed in connection with PP 84-I3 for which a negative declaration of
environmental impact has been certified.
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
to justify its action as described below:
1. The development agreement is consistent with the general plan, zoning
ordinance and specifically implements policies contained within the housing
element.
2. The proposed agreement complies with Section 65915 of the California
Government Code.
The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as
follows:
1. That the above recitations are true and correct and constitute the findings of
the city council in this case.
2. That it does hereby approve DA-4 Nelson Development Agreement labeled in
Exhibits "A."
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,
shall submit the agreement to the Riverside County Recorder for recordation,
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 9th day of August, 1984, by the following
vote, to wit:
AYES: JACKSON, KELLY, AND SNYDER
NOES: NONE
ABSENT: PULUQI AND WILSON
ABSTAIN: NONE
SHEILA R. GILLIGAN, WCle
City of Palm Desert, C ifornia
AM
WALTER H. SNYDER, kWyor
r r
�I
ORDINANCE NO. 378
EXHIBIT "A"
NELSON DEVELOPMENT COMPANY, INC.
AFFORDABLE HOUSING AGREEMENT
This agreement, made as of this 9th day of August , 1984, between the City
of Palm Desert, a California municipal corporation (hereinafter "CITY") and Nelson
Development Company, Inc., (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 density bonus pursuant to Section 6.5915 of the. California
Government Code and approval of a precise plan (PP 84-13) to construct 40
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 84-13 (hereinafter "PROJECT") would be set aside for
moderate income occupants subject to restrictions necessary to insure the
continued occupancy of said units by moderate 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
40 rental residential units on the PROPERTY by Precise Plan 84-13 and Planning
Commission Resolution No. 378. As a condition of said approvals DEVELOPER is
required, and hereby agrees to reserve for rent 10 units for moderate income
households. Hereinafter these 10 units shall be referred to as "MODERATE
AFFORDABLE UNITS."
Each fourplex building within the project shall contain one moderate
affordable unit.
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 relevant or timely data is made
available by other officially recognized agencies, the applicant may request
amendment of this agreement to include such data.
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ORDINANCE NO. 378
3. Rent for affordable units shall not exceed 30% of the gross income of
moderate income households. One bedroom, one bath units shall be based on
income figures for two person households; two bedroom, one bath units,
three person households; and, two bedroom, one bath units, four person
households; and three bedroom, two bath units, six person households,
resulting in the following maximum initial rents. These rents shall be
adjusted per Article 2 of this agreement.
1 bedroom 1 bath
2 bedroom 1 bath
2 bedroom 2 bath
3 bedroom 2 bath
Maximum Rents
$501
$564
$628
$737
Maximum Income
$20,062
$22,562
$25,100
$28,250
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 project. The exact location of the
AFFORDABLE UNITS shall be changed from time to time as vacancies
6.
7.
8.
permit.
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 term of this agreement shall run for thirty years during which period 10
aforementioned MODERATE AFFORDABLE UNITS shall be reserved for
moderate income households. During the first ten years of this agreement
the entire PROJECT shall be maintained as rental housing. Thereafter the
STATE OF CALIFORNIA ;ss.
COUNTY OF 21QF_2s( OE
On SEPT I' m1e) ! _ 18 r 19 8_ before me, the undersigned, a Notary Public in and for
said State, personally appeared kE ^3 "1 F—TH /1
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person(s) whose name(s) is/are sub-
scribed to the within instrument and acknowledged to m i that
he/she/they executed the same.
WITNESS my hand and official seal.
OFFICM SEAM
MARY P. FRAZIER
NOTARY PM[C—CALIFORNIA 1
NOTARY BOND FILED IN
RIVERSIDE COUNTY
Mp N=lissim Enk" )or& 6, I9K
Signatur ,
r ff
(This area for official notarial seal)
ORDINANCE NO. 378
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. 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.
THE CITY OF PALM DESERT
B C�%
By
NELSON DEVELOPMENT COMPANY, INC.
(Notarized) Bye f��,�•-�--
ATTEST:
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a
ORDINANCE NO. 379
EXHIBIT "1"
LEGAL DESCRIPTION OF PROPERTY
Lots 15-18 and 23-29 of Shadow Hills Estates, MB 31/1-3 in the S.E. 1/4 of section
21, T5S, RGE, SBM.
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s
ORDINANCE NO. 378
PERSON IN FAMILY
2
3
4
6
EXHIBIT "2"
HUD MEDIAN INCOME LIMITS
March, 1983
$20,062
$22,562
$25,100
$28,250
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VW RaCORDIED MAIL TOr
CtTT of I►Alk 02=1IRT
P.0. am 1977
FAIR DUMT, CA 9226Ax"I CM
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• 1119CCIV[O MR POO
AT ploa oucca a.rs.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY "'" ""'' r1V
OF PALM DESERT; CALIFORNIA, APPROVING A OCT 11 ". W
DEVELOPMENT AGREEMENT RELATING TO TERMS
AND CONDIflONS FOR THE MANAGEMENT OF A 40 of%wee`e o"..boamw
UNIT APARTMENT PROXCT CONTAINING 10 UNITS '
AFFORDABLE BY MODERATE INCOME HOUSEHOLDS. W2
on M DM4 • • •
WFlRlAS� the City Cowmil of the City of Patin Deosrt, :a tania$ did on the
!M of � 00, hall a d* noti- p blk Aar1� 10 co uldw a raauaat by
I�I.?O[�i09YELOPMENT COMPANYt NW., for approval of a Aawlopma awreamant
aradfyb torma atd omwtlm+a for the management of a 40 wit apartment project
OMLtai&Y 10 lrrodm ate elfardaW WdU a be developed under the dwWty bonus
praeleimr K Section 65915 of the California State Government Code.
WHOWAS, the P1amhfg Commission, by Resolution No. 959 has ecanmeedad
"Pre"k
WHEREAS, said applkatlon has compiled with rsqulrements of dw 'City of Palm
Desert Prvoeduras to implement the Callfania Environmental QuaMty Act, Resolution
No. 804M, 1n tht the drector of environmental services had determined the project has
been provloudy assessed in connection with PP W13 for which a negative declaration of
environmental impact has been eartified.
WHEREAS, at said public hearinlit upon hearing and considerthe testimony and
arganents of all parsons desiring to be heard, said city council did ilnd the following facts
to justify its action as described below:
1. The development agreement Is consistent with the general plan, zoning
ordinance and specifically implements policies contained within the housing
element
L The proposed agreement complies with Section 65915 of the California
Government Code.
The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as
toilowse
1. That the above recitations are true and correct and constitute the findings of
the city council In this case.
L That it does hereby approve DA-4 Nelson Development Agreement labeled In
Ed"Its Oka
I 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 ardirwice,
shall submit the agreement to the Riverside County Recorder for recordation,
and the same shall be in full force and effect thirty (30) days after its
adoptkx.
PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of
die City of Palm Desert, California, held on this 9th day of Auptust. 1934, by the following
votei, to Witt
AYES: 7ACKSON. KELLY, AND SNYDER
a. NOESt NONE
ABSENTS PULUQI AND WILSON
AMA% NONE
4
".. ,
EACH 00%" TTott►1'9CMTlrNI a
41TAC14I%CV! .i.£7;OKAFUJLTR RAM
CI9M1itc` 1 i'."t � _i tt�£:.1R3G„iALQNF7LEAN00N
j! City of Paton Dassrt, forma
SHEILA R GILLIGAN, City C4oA
City -I VATI Dow% C61,10m4
•
ORDINANCE NO. 378
IXNW "A"
NELSON 1f1111Lrt7P1!!f a COWANYt W—
APPOROJ1dLB NOl NIG ACREEIIl.NT
This a a nant, nnads as of this &_% day of Aug scr l"Op betwoen the City
of PWO Daaart. a Cautoonia nw nicipal corpw don Chorek after "CfTY") and Nelson
Ow ww. j"msnt C F4Pwq, lee., 0wreh after "DEVELOPER") providoa
t. DEVELOPER Is owner of eartain reel prepw'ty located within the City of Patin
Dewy% California, ~ property is descrlbod in EOOlt 1, attached hereto and
node a part hwwf (hereinafter "PROPERTY'). DEVELOPER has applied for and
boon granted a density bone pursuant to Section miff of the CalltorNi
Cwiernment Code and approval of a precise plan (PP W13) to construct 40
residential rental units an the PROPERTY.
2. As a condition of said approvals, CITY has required that a specified number of
units within Precise Plan W13 (hereinafter "PROJECT') vrouid be set asida for
moderate Income occupants sub)ect to restrictions necessary to insure the
continued occupancy of said units by moderate Income households.
3. DEVELOPER and CITY desire to further memorialize and Implement the conditions
of said approval and do hereby agree to the foUow+ing terms and conditions.
1. DEVELOPER has been conditionally granted permission by the CITY to construct
40 rental residential units on the PROPERTY by Precise Plan 24-13 and Planning
Commission Resolution No. 3M As a condition of sald approvals DEVELOPER is
required, and hereby agrees to reserve for rent 10 units for moderate income
households. Hereinafter these 10 units shall be referred to as "MODERATE
AFFORDABLE UNrM"
Each fourpkx building within the pro)ect shall contain one moderate
affordable unit.
2. As used herein, "moderate income households" shall refer to farnWes or
Indlvidush whose gross income does not exceed 100% of the Riversida/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 xxxxm or agency. This information Is
contained in "Exhibit 2" and shall be updated automatkaUy as information Is
obtained from HUD. It in the future mare rekvent or timely data Is made
avallable by odor officially recognised aaencles, Use applicant may requwst
anwndmont of this agreement to Include such data.
I
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ORDMANCE N , in
0
L Rent for affordable units *all not exceed 30% of the gross Income of
moderate Was is households. One bedroom, one bath units shall be based on
kmxwne flgnree for two parson honehoWst two bedroom, one bath units,
dnree poison households, end, two bedroom, one bath units„ tour parson
harsefsMdel oW three bedroom, two both units, six person households.
moiler In the fotlaabt maslmum IMtW rents. TMse rents dal be
adkAmd pR Ardda 2 of No agreement.
Maximum Rents MaxMwwm moor ss
I bedroom 1 bath $"I $20,a2
2 bedrvem I both $X4 $22,%2
2 bodroem 2 both $its $25,100
7 bedroom 2 both $737 s2111,01
♦. The DEVELOPER or Ms assigned mssw4pment agent shall be responsible for
determining elgibliltr of prospectlde tenants. Prior to opening the project
the DEVELOPER doll submit for approval a plan to the CITY de=IbIng the
procedure for determinIng and enforcing eligibility requirements. This plan
shall Include wv*al qualification by all eligible households and a semi-
annual audit at the DEVELOPER'S cost by the CITY or its assigned agents
daterminln2 compliance with all aspects of this agreement.
S. The DEVELOPER shall not discriminate an the basis of race, tread, 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 project. The exact location of the
AFFORDABLE UNITS shall be changed from time to time as vacancles
permit.
L 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.
7. Tto term of this agreement shall run for thirty years during which period 10
aforementioned MODERATE AFFORDABLE UNITS shall be reserved for
moderate kxxwne households. 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 nonbrg and bullding regulations. The amendment would
include a program to maintain the availability of the MODERATE
AFFORDABLE UNITS for bray Income housd+olds throughout the
remaining to., d the agreement. �
L Tto provisions d No agreement *oil run with, burden wA bind tine
DEVELOPER and his suwassors. This AGREEMENT shall be made par• 41
ft CC&R's for each let o1 the PROJECT. The provisions hereof shall b*
-2-
J
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*0
ORDMANCE N , in
0
L Rent for affordable units *all not exceed 30% of the gross Income of
moderate Was is households. One bedroom, one bath units shall be based on
kmxwne flgnree for two parson honehoWst two bedroom, one bath units,
dnree poison households, end, two bedroom, one bath units„ tour parson
harsefsMdel oW three bedroom, two both units, six person households.
moiler In the fotlaabt maslmum IMtW rents. TMse rents dal be
adkAmd pR Ardda 2 of No agreement.
Maximum Rents MaxMwwm moor ss
I bedroom 1 bath $"I $20,a2
2 bedrvem I both $X4 $22,%2
2 bodroem 2 both $its $25,100
7 bedroom 2 both $737 s2111,01
♦. The DEVELOPER or Ms assigned mssw4pment agent shall be responsible for
determining elgibliltr of prospectlde tenants. Prior to opening the project
the DEVELOPER doll submit for approval a plan to the CITY de=IbIng the
procedure for determinIng and enforcing eligibility requirements. This plan
shall Include wv*al qualification by all eligible households and a semi-
annual audit at the DEVELOPER'S cost by the CITY or its assigned agents
daterminln2 compliance with all aspects of this agreement.
S. The DEVELOPER shall not discriminate an the basis of race, tread, 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 project. The exact location of the
AFFORDABLE UNITS shall be changed from time to time as vacancles
permit.
L 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.
7. Tto term of this agreement shall run for thirty years during which period 10
aforementioned MODERATE AFFORDABLE UNITS shall be reserved for
moderate kxxwne households. 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 nonbrg and bullding regulations. The amendment would
include a program to maintain the availability of the MODERATE
AFFORDABLE UNITS for bray Income housd+olds throughout the
remaining to., d the agreement. �
L Tto provisions d No agreement *oil run with, burden wA bind tine
DEVELOPER and his suwassors. This AGREEMENT shall be made par• 41
ft CC&R's for each let o1 the PROJECT. The provisions hereof shall b*
-2-
J
4
ORDNANCE, NO. jn
anferceable by appropriate legal action brought by the CITY. In the event
hqW action is btW*t is enforce any prevision hereof, the prevailing party
shell be entitled so reason" attorney's tees together with other legally
allewabM casts.
!. This agsesmwnt shall be e+eviewd by the CITY planning commission every d
.nontM, at whid these the applieent or No sucamor dog be required to
draw nso ate geed faith compilmos with the terms eI the sgrso w t. It as a
result of this review, the oommlssion rinds and determines, an the basis ad
al $Mtw evidw that the applicant hes not compiled In good faith with
terms or conditions of the agreemwnt, it shall recommend to the city council
that the agreemwnt be modified or terminated. It the city comcU ca murs
with the plowift commission recominm tbn, the AGREEMENT shall be
modlfled or terminated. Proceeding before the city council shall be a
noticed pubUc hearing. If at the time of the hearings akstantial
lniproven+ants have not yet oom"ed an the site, termination of the
AGREEMENT will also involve revocation of all prevbus approvals and
permits associated herewith and the zoning of the property. If substantial
improvements are already in place and modifications acceptable to the
CITY carrot be negotiated then enforcement of provisions of this
agreement shall be pursued through legal action per No. S of this
AGREEMENT.
10. The AGREEMENT shall be construed according to the laws of the State of
California. it 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.
NELSON DEVELOPMENT COMPANY, INC.
ciao
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ORDINANCE M M
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