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Home My WebLink AboutORD 408ORDINANCE NO. 408 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN AND DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE MANAGEMENT OF A THREE UNIT APARTMENT PROJECT CONTAINING THREE UNITS AFFORDABLE BY MODERATE INCOME HOUSEHOLDS. Case No. PP 84-20 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of December, 1984, hold a duly noticed public hearing to consider a request by FRANK GOODMAN for approval of a development agreement specifying terms and conditions for the management of a 12 unit apartment project containing three "moderate affordable" units to be developed under the density bonus provisions of Section 65915 of the California State Government Code, located on Candlewood Street at Shadow Mountain Drive; and WHEREAS, the planning commission, by Resolution No. 997 has recommended denial; and 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 has determined the project is categorically exempt; and 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 the Goodman Development Agreement labeled in Exhibit "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 by the City Council of the City of Palm Desert, California, held on this 27th day of December, 1984, by the following vote, to wit: AYES: BENSON, JACKSON, KELLY, WILSON, AND SNYDER NOES: NONE ABSENT: NONE ABSTAIN: NONE L R H. SNYDER, Maydri ATTEST: SHEILA R. GUXIGAN, City of Palm Desert, C Am ., ORDINANCE NO. 408 EXHIBIT "A" FRANK GOODMAN AFFORDABLE HOUSING AGREEMENT 1985 This agreement, made as of this 25thday of March , RM between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Frank Goodman & Associates, (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 84-20) to construct an additional three 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 84-20 (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 an additional three rental residential units on the PROPERTY by Precise Plan PP 84-20. As a condition of said approvals DEVELOPER is required, and hereby agrees, to reserve for rent three units for moderate income senior citizen households. Hereinafter these three units shall be referred to as "MODERATE AFFORDABLE UNITS". ORDINANCE NO. 408 2. As used herein, senior citizen "moderate income households" shall refer to families or individuals whose gross income does not exceed 100% of the Riverside County/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. To qualify as a senior citizen the individual(s) must be at least 62 years of age -similar to that of the other units in adjoining complex. 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; 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 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 senior citizen 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 permit. ORDINANCE NO. 408 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 ten (10) aforementioned senior citizen 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 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 senior citizen MODERATE AFFORDABLE UNITS for moderate 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. 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 shall revert to S.I. NO ORDINANCE NO. 408 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. FRANK GOODMAN `_- B (Notarized) ATTEST: THE CITY OF PALM DESERT By Lam' 0 ORDINANCE NO. 408 STATE OF CALIFORNIA iss. COUNTY OF ...._....__. _\�i lz lD On _ _ .(. I I ttlZ�.s}_(� 1LtI�_ _. _. __,before me, the undersigned. a Notary Public in and for i- said State, personally appeared___ personally known to me (or proved to me on the basis of satis- factory evidence) to be the persons) whose name(s) is/ara sub- scribed to the within instrument and acknowledged to m 1! that he/she/they executed the same. WITNESS my hand and official seal. 'L J Signatur OFFICIAL SEAL Is i MARY P. FRAZIERNOTARY PUBLIC—CALIFORNIA NOTARY BOND FILED IN RIVERSIDE COUNTY MY Commission Expires June 6, 1986 (This area for official notarial seal) ORDINANCE NO. 408 EXHIBIT "1" LEGAL DESCRIPTION OF PROPERTY Property described in the Riverside County Tax Assessors rolls as: Map Book 625, Page 132, Lots 035 and 046. Map Book 625, Page 171, Lot 001. PERSON IN FAMILY EXHIBIT "2" HUD MEDIAN INCOME LIMITS March 1983 $20,062 r