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HomeMy WebLinkAboutORD 413ORDINANCE NO. 413 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 A 9 UNIT APARTMENT PROJECT CONTAINING 2 UNITS AFFORDABLE BY MODERATE INCOME HOUSEHOLDS. RELATED CASE NO. PP 84-37 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of February, 1985, hold a duly noticed public hearing to consider a request by LEE CAREL & SANDRA CAREL for approval of a development agreement specifying terms and conditions for the management of a 9 unit apartment project containing 2 "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. 1009 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 84-37 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: I. 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: I. 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 C_ arel 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 at a regular meeting of the City Council of the City of Palm Desert, California, held on this 28th day of February, 1985 by the following vote, to wit: AYES: BENSON, JACKSON, KELLY, WILSON & SNYDER NOES: NONE ABSENT: NONE ABSTAIN: NONE WALTER H. SNYDER, yor ATTEST: SHEILA R. G LIGAN, City C erk City of Palm esert, California /dlg 4 , ORDINANCE NO. 413 EXHIBIT "A" LEE AND SANDRA CAREL 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 Lee Carel and Sandra Carel, (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 received approval of a precise plan (PP 84-37) to construct nine residential rental units on the PROPERTY. 2. As a condition of said approvals, CITY has required that one unit within Precise Plan 84-37 (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 nine rental residential units on the PROPERTY by Precise Plan and Planning Commission Resolution No. 1009. As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent one unit for lower income households. Hereinafter this unit shall be referred to as "AFFORDABLE UNIT". This AFFORDABLE UNIT shall consist of a two bedroom unit. ORDINANCE NO. 413 2. As used herein, "lower income households" shall refer to families or individuals whose gross income is between 50% and 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. Rents for the affordable unit shall be based upon 30% of the maximum gross monthly income for households earning 60% of the Riverside County Median. 1 - 2 bedroom $350 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 AFFORDABLE UNIT 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 UNIT shall be evenly dispersed throughout the project. The exact location of the AFFORDABLE UNIT 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 $2,500 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. ORDINANCE NO. 413 7. The term of this agreement shall run for thirty years during which period the aforementioned AFFORDABLE UNIT shall be reserved for lower income households. This agreement has been prepared based on the premise that the PROJECT will be operated as rental housing. 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 AFFORDABLE UNIT 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. 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 R-2. 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. ORDINANCE NO. 413 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. (Notarized) ATTEST: THE CITY OF PALM DESERT C WALTER H.; 5NYDEI ' SHEILA R. GALIGAN./VITY CLERK MR. LEE CAREL MRS. SANDRA CAREL B �� By ORDINANCE NO. 413 STATE OF CALIFORNIAD ;ss COUNTYOF On ._ _ ' 1 �'_ �.1� L.> >� .� betere me. the undersigned, a Notary Public in ana for said State. personally appeared--.^'7.---- personally known to me (or proved to me on the basis of sates OFFICIAL SEAL factory evidence) to be the personas) whose nameisi is/arty sub ,,. . II MARY P. FRAZIER scribed to the within instrument and acknowledged to mtha c+d�* i-3 NOTARY PUBLIC—CALIFORNIA i he/she/they executed the same. NOTARY 80NU F lE0 IN WITNESS my hand and official seat. l ' Signature� • RIVERSIDE COUNTY My Commission Expires Jute 6, 1986 (This area for official notarial seal) ORDINANCE NO. 413 EXHIBIT "1" PROPERTY DESCRIPTION The northeast quarter of lot 10 of Palma Village Groves as per map recorded in book 20 of maps, page 51 of maps in the office of the County recorder of Riverside County. u ORDINANCE NO. 413 Persons in the Family W Definition: Lower Income: 80 PERCENT $18,700 EXHIBIT "2" INCOME LIMITS LOWER INCOME 60 PERCENT $14,000 50 PERCENT $11,700 Households earning between 50% and 80% of the Riverside County Median.