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Home My WebLink AboutORD 380FOR TF E OF THE ^,ITY OF Perk? DESF-11 h0 FE.? 6103 OF Tiro GOVT. CODE WHEN RECORDED SEND TO: CITY OF PALM DESERT 73-510 FRED WARING DRIVE ORDINANCE NO. 390 PALM DESERT, CA 92260 ATTN: CITY CLERK AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING 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 III FRONTAGE ROAD, BETWEEN DEEP CANYON ROAD AND SHADOW HILLS ROAD. Case No. DA-5 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th 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 I II 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 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: 1. 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-5 as described in Exhibit "A" for reasons set out in this Ordinance. 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 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 Palm Desert City Council, held on this 9th day of August, 1984, by the following vote, to wit: AYES: JACKSON, KELLY, AND SNYDER NOES: NONE ABSENT: PULUQI, WILSON ABSTAIN: NONE WALTER H. SNYDER ayor ATTEST: SHEILA R. GIL AN, it erk ORDINANCE NO. 390 EXHIBIT "A" TED MARTINEZ AFFORDABLE HOUSING AGREEMENT This agreement, made as of this 9th day of mist- , 1984, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Ted Martinez, (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 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. 949. 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 relevant or timely data is made available by other officially recognized agencies, the applicant may request amendment of this agreement to include such data. -2- ORDINANCE NO. 390 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, two bath units, four person households; resulting in the following maximum initial rents. These rents shall be adjusted per Article 2 of this agreement. Uav_ Rnnte Max_ inr`nmP 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 playa 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 -3- ORDINANCE NO. 380 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 (Notarized) ATTEST: - ORDINANCE NO. 380 CTATF Oi CALIF ORNI COUNTY OF G ba,d StalP personally appeared ss before me the undersigned. a Notary Public in and for personally known to me for proved to me on the basis of sails factory evidence) to be the person(s) whose name(s) isiar , sub- scribed to the within instrument and acknowledged to m 1 that hersherlhPy executed the same WITNESS my hand and official seal S,gnaturlir OFFICIAL SEAL LINDA S. OWORN NOTARY PUBUGCALIFORNIA PRINCIPAL OFFICE IN RIVERSIDE COUNTY My Commission Expires Dec 5. 1986 (This area for official notarial seah ORDINANCE NO. 380 EXHIBIT "1" LEGAL DESCRIPTION OF PROPERTY Lots 2, 3, 8 do 9 of Shadow Hills Estates Tract, also known as: Assessor parcel number 625-162-036. -5- ORDINANCE NO. 390 EXHIBIT "2" HUD MEDIAN INCOME LIMITS March, 1993 PERSON IN FAMILY 2 $20,062 4 $25,100 im t.FOR ft 8>DtBf'i! Or TO CUT OJ/ PALM DYSBRT NO TIM 6103 Or TIM GOVT. COM Plitt RECORDED SEtm TO: ;T3'Y OF PALM DESERT l3-510 FRED WARING DRIVE ?ALfI DESERT. CA 92260 t1ns CITY CLERK RLiCaIV o "7t4 ORDINANCE NO. 38� p stag. 4 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OCT 1.7195� f OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO TERMS �'�ji01 AND CONDITIONS FOR THE RENTING OF AN -Cf APPROVED 28 UNIT APARTMENT COMPLEX LOCATED o•' 225 FEET SOUTH OF TH¢ HIGHWAY III FRONTAGE Feast_ ROAD, BETWEEN DEEP CANYON ROAD AND SHADOW HILLS ROAD. Case No, DA-5 WHEREAS, the City Council of the City of Palm Desert, California, did an the 28th 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 I II frontage road, between Deep Canyon Road and Shadow Hills Road, more particularly described ass Lots 2,3,8,9 of Shadow Hills Estates Tract or APN 625-162-036 WHEREAS, said application has compiled 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 parsons desiring to be heard, said city council did find the following facts and reasons to exist to approve the development agreement. 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: 1. 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-5 as described in Exhibit "A" for reasons set out in this Ordinance. 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 to the Riverside County Recorder for recordation. and the same shall be in full force and effect thirty (30) days alter its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 9th day of Aultus 1984, by the following vote, to wit: AYESs JACKSON, KELLY, AND SNYDER NOES: NONE ABSENT: PULUQI, WILSON ABSTAIN# NONE ATTESTS SHEILA R. GILIJGAN, CIVICIeft City of Palm sere, Call EACH DOCUME ATT0.C>:t 1).iSCLT�B�'..►att_� D COpNFGf-',)PYCf THEORIGINALONFILEANDON RECORD N: 0 1 irE SHEILA R. GILLIGAN• City Cie,h jam, Coy of Pave Dr. Caiewn e 1. ORDINANCE NO. 390 EX rT "A" TED MARTAVEZ AFFORDABLE HOUSING AGREEMENT This agreement, made as of this qLkL. day of Auzu&L_____, 1984, between the City of Palm Desert, a c:allfornla municipal corporation (heeinafter "CITY") and Teo Martinez, (hereinafter "DEVELOPER'S provides: Redttala 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 63913 of the California Government Code and approval of a precise plan (PP 84-3) 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 84-3 (hereinafter "PROJECT") would be set aside for moderate Income occupants subject to restrictions necessary to insure the cooitinued 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. A,geement 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. 94L 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 urdts 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. It In the future more relevant or timely data is made available by other officially recognised &gentles, the app)lcant may request amendment of this agreement to include such data. -2- 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, two bath unl% four person householdst resulting In the following maximum initlal rents. These rents shall be adjusted per Article 2 of this agreement. Max. Rents Max. Income I bedroom l bath $301 $20,062 2 bedroom 2 bath $628 S23,100 4. The DEVELOPER or his assigned management agent shall be responsible for determining elgibillty 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. 3. 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 polrect. 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 $2300 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 I PR03ECT 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 h—ught by the CITY. in the event legal action is brought to enforce any -3- ORDINANCE NO. 3E0 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 inis review, uie winm.aa.vn f:nda and d.:.: -:ne•, — "- ba•'• of orhstantial evidence, that the applicant has not compiled in good faith with terms or conditions of the agreement, it shall recommend to the city councii 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 Califo►nla. If any portion of the AGREEMENT is for any reason held to be unenf4rceabie, such determination shall not affect the validity of the remalning portion 11. Each of the parties hereto covenant and agrees that It has the legal capacity to make the AGRV:MENTS herein contained, that each AGREEMENT is binding upon that party and mat "a 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. TE AD'M RTINEZ- (Notarized) ATTESTi THE CITY OF PALM/DESERT SIAIJ COUNTY )�1 y2,.,, K .. Clw GK �4J V 1, / 7'WO- w.0 P,"g .n ano /o aug41.,.• 1.1'.f�N.IIAw{.n...M �'.lP� �� /�?�X�� - pw....n.f, ►+pwn IV w.r .O p.M010 .w• On .nw bfq M f.11.► . IOf In., r.tl.•nf n. to M IM 0•....R �At V •.MI In IM Owl n•...nfl.yn.nn, ,,..• of ►nn.M 1000d ,O w` • M�1 LOODA S. OS yr{ NOT�AAMPu.�.�.�� M�A PlI nO.fM•Inrti, n.w. VIn01•1, .Aw.n nCIVAL OPFa N AM Root C0UMFv yyitNl s� w.r wy.,s Afw Wltal f.•e� 1Ay C01nJngfrOn EmNm OK 5 19A6 B.WI.w1.r l ��G�•'�� V C.'��+. Iin.. tr •w la olMf .Y nar.M Mw IORDINANCE NO. M LEGAL DESCRIPTION OF PROPERTY Lots 2, i, 8 h 9 of Shadow Hills Estates Tract, also known ass Assessor parcel number 625-162-036. ORDINANCE Na Sao EXWBIT or HUD MEDIAN INCOME LIMITS March. 1993 PERSON IN FAMILY 2 $20,062 o $25,100 -6-