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Home My WebLink AboutORD 463ORDINANCE NO. 463 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO LOWER INCOME RENTAL CONTROL FOR A 20 UNIT SENIOR CITIZEN APARTMENT PROJECT LOCATED AT THE SOUTHWEST CORNER OF CATALINA WAY AND SAN CARLOS AVENUE. CASE ND. DA 86-2 WHEREAS, the City Council of the City of Palm Desert, California. did on the 24th day of April, 1986, hold a duly noticed public hearing to consider the request of L a T DEVELOPMENT CO. for approval of a development agreement relating to the affordable housing requirements for a 20 unit conventional senior housing project on the southwest corner of Catalina Way and San Carlos Avenue. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts and reasons to exist to justify their actions: 1. The proposed development agreement satisfies the intent and purpose of the Senior Housinq Overlay and the General Plan Housing Element. 2. The development furthers the general welfare by requiring the construction of needed senior housing affordable by low and moderate - income senior citizen households. NOW. THEREFORE. BE 1T ORDAINED by the City Council of the City of Palm Desert. California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case; 2. That DA 86-2 Exhibit "A" is hereby approved. 3. The City Clerk of the 1_ity of Palm Desert. California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of General circulation. published and circulated in the City of Palm Desert, California. and shall be in full force and effect thirty (30) days after its adoption. ORDINANCE NO. 463 PASSED. APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council. held on this 8th day of Mom, 1986, by the following vote, to wit: AYES: BENSON, SNYDER, WILSON & KELLY NOES: NONE ABSENT: JACK50N ABSTAIN: NONE / RICHA KELLY, l4a& ATTEST: i SHEILA R. GILL AN, City CiZa City of Palm Desert, Califq /dlg 2 RECORDING REQUESTE•MY .. AND WHEN RECORDED MAIL TO: City Clerk's Office �1 , City of Palm Desert Fred Waring Driv PaJ m Desert, CA 9226 FOR THE Bp pjx O� T CITY OF PALM bE Elt NO FEE 6103 OF THE aOVT. &OD& 241OG2 J � . a � 2410162 oRO I KOM No. A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFOKNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO LOWER INCOME RENTAL CONTROL FOR A 20 UNIT SENIOR CiTiZEN APARTMENT PROJECT LOCATED AT THE SOUTHWEST CORNER OF CATALINA WAY AND SAN CARLOS AVENUE. CASE NO. OA 86-2 WHEREAS. the City Council of the City of Palm Desert, California, did on the 24th day of April, 1986, hold a duly noticed public hearing to consider the request of L 8 T DEVELOPMENT CO. for approval of a development agreement relating to the affordable housing requirements for a 20 unit conventfonal senior housing project on the southwest corner of Catalina Way and San Carlos Avenue. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, If any, of ell Interested persons desiring to be heard, said city council did find the following facts and reasons to exist to justify their actions: I. The proposed development agreement satisfies the intent and purpose of the Senior Housing Overlay and the General Plan Housing Element. 2. The development furthers the general welfare by requiring the construction of needed senior housing affordable by low and moderate income senior citizen households. NOW. THEREFORE, 8E IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission In this case: 2. That DA 86-2 Exhibit "A" is hereby approved. 3. The City Clerk of the City of Palm Desert. California, Is hereby directed to publish this ordinance In the Palm Desert Post. a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. EACH DOCUMENT TO WHICH THiS CERTIFICATE IS ATTACHED. IS CERTIFIED TO 8E A FULL, TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE AND OM RECORD IN MY OFFICE. Bated: cr, SHEILA R. GILLIGAN. City Clerk City at PaMI litarnia By:A Qkvt • ORDINANCE NO. 463 zaibsz PASSED. APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council. held on this 8th day of M_y, 1986, by the following vote, to wit: AYES: BENSON. SNYDER, WILSON a KELLY NOES: NONE ABSENT: JACKSON ABSTAIN: NONE r RICHA KELLY, or ATTEST: SHEILA R. GILL AN. City C1 City of Palm Desert, Call nla /dlg E M i ORDINANCE NO. 463 • 241062 EXHIBIT raw L A T DEVELOPMENT COMPANY AFFORDABLE SENIOR HOMING DEVELOPMENT AiIlfEfIMHIt .41& 10 -N l♦ -%A This agreement, made as of this 25th day of March , 1988 between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and L b T Development Co., (hereinafter "DEVELOPER") provides: 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 approval of a precise plan/condltIona) use permit (PP/CUP 86-12) to construct 20 conventional senior housing units on the PROPERTY. 2. As a condition of said approval, CITY and DEVELOPER have agreed that 20% of units associated with the project be set aside for lower income occupants subject to restrictions necessary to insure the continued occupancy of said units by lower income senior citizen households. These units shall hereafter be referred to as "AFFORDABLE SENIOR UNITS." 3 • 241tiG2 ORDINANCE NO. 44U 3. DEVELOPER and CITY desire-, to fuPther memorialize and implement the conditions of said.-adpro4s+ wXN dD;hereby agree to the following terms sidrod>Idltlewo - io — • h %b %1 •* ;. 4. As used herein, the following terms shall be defined as: A. SENIOR CITIZEN HOUSEHOLD - Maximum two person household of which one member is 62 years of age or older. B. CONVENTIONAL SENIOR HOUSING - Rental or ownership units designed and restricted to healthy ambulatory senior citizens who remain capable of performing most activitles associated with independent daily life. Other than having smaller units and possessing design features and recreational amenities more compatible with a less active lifestyle conventional senior housing resembles standard housing. C. LONER INCOME SENIOR CITIZEN HOUSEHOLD - Senior Citizen Households whose gross income does not exceed 80% of the median Income for a one person household for Riverside County based upon financial and demographic data received from the United States Department of Housing and Community Development (HUD) or Its successor agency. This information is included in Exhibit "2" and shall be up dated automatically as current data 4 241a�� OlW I NANCE NO. 463 is obtained from HUD. if in the future, more relevant data is made available specifically applicable to senior citizens by (HUD) or other officially recognized agencies. such data shall become the basis of this agreement. 1. DEVELOPER has been conditionally granted permission by the CITY to construct 20 rental conventional senior housing units on the PROPERTY by Precise Plan/Condlttonal Use Permit 66-12 Planning Commission Resolution No. 1132 . As a condition of said approval DEVELOPER hereby agrees to reserve and make affordable four studio units for lower income senior citizen households. 2. Monthly rents for the AFFORDABLE SENIOR UNITS shall not exceed 30% of the maximum gross monthly income as shown for lower Income households in Exhibit "20. 3. The DEVELOPER or his assigned management agent shall be responsible for determining eligibility 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 regvlrements. This plan shall include annual qualification by all eligible households and a annual audit at the OEVELOPERS'S cost by the 5 ORD i NJ1HM ND. 40 241062 • A .• s CITY or its assigned agents determining compliance with all aspects of this agreement. 4. The DEVELOPER shall not discriminate on the basis of race, creed, sex or national origin. 5. 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. 6. This agreement shall be reviewed by the CITY planning commission every 6 months, at which time the applicant or his successor shell 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 cot i t i ons of the agreement,- It sha l l 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 6 0 ORDINANCE NO. Ma of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith. 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. 5 of this AGREEMENT. 7. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reasons held to be unenforceable, such determination shall not affect the validity of the remaining portions. S. 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. 9. The terms of this agreement shall remain in force -as IWg.as the PROJECT remains in existence. 7 241062 0 m 0 9 ORDIMANM NO. 463 IN WITNESS WHEREOF the parties have executed this Agreement the year and date first above written. (Notarized) ATTEST: 7 SHE ILA R. GI LA. IGAN. C10 Clerk City of Palm DeserttCalifornia STATE OF CALIFORNIA COUNTY OF said State, personally i Iss_ personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose names) is/are sub} scribed to the within Instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand end official seal. `/ I Signature�� THE CITY OF PALM DESERT By. /mot 6JX�tQ.wi ly By L & T DEVELOPMENT CO. me, the undersigned, a Notary Public in and for .......................................... (This area for official notarlal doan 241062 ORD I MINIM NO. 463 - OOii81T �1� i.. fib. . .y n y. d Legal Description Parcel l The east 1/2 of Lot 24 Palma Village Groves per map book 20 page 51 Riverside County. Parcel 2 6 3 The portion of Lot 24 of Palma Village Groves per map book 20 page 51, Riverside County. 9 , /, ORDINANCE MD. EXRISIY N24 WFORDABLE FOUS I NG INCOME AND RELIT SC1EOME - 1966 Income Lower - $15,000 10 Rent Lower - $375 241662 I: 1