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Home My WebLink AboutORD 464ORDINANCE NO. 464 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT CONTROLLING RENTS FOR A 26 UNIT HOUSING DEVELOPMENT ON 3.2 ACRES LOCATED AT THE SOUTHEAST CORNER OF PARKVIEW DRIVE AND FAIRHAVEN DRIVE. CASE NO. DA 84-8A WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th day of April, 1986 hold a duly notice public hearing to consider the request by RICHARD GLOVER and JOHN MARTINEZ for approval of an amendment to a development agreement to allow a 26 unit rental housing development on 3.2 acres containing five units affordable by low and moderate Income households to be located at the southeast corner of Parkview Drive and Fairhaven Drive. WHEIREAS, said application has complied.with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89" in that the director of community development has determined that the protect has been previously assessed and a negative declaration has been approved. WHEREAS, at said public hearing, upon hearing and considering ail testimony and arguments of all interested persons desiring to be heard, said council did find the following facts and reasons to exist to justify their actions, as described below: 1. The Development Agreement is consistent with requirements of California State Government Code 65915 and specifically implements policies contained in the Housing Element of the Palm Desert General Plan. NOW, THEREFORE, BE 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 council in this case. 2. That DA 84-8A 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. ORDINANCE NO. 464 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 22nd day of May, 1986 by the following vote to wit: AYES: BENSON, SNYDER, WILSON & KELLY NOES: NONE ABSENT: JACKSON ABSTAIN: NONE ATTEST: l ' � i SHEILA R. GIILLI.GkN, City Cie City of Palm Desert, Calif is /dig 2 c- RICHARD KELLY, Mayor ORDINANCE NO. 464 GLOVER/MARTINEZ DEVELOPMENT AGREEMENT DA 84-8A This agreement, made as of this 11th day of May , M between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and GLOVER/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 A", attached hereto and made a part hereof (hereinafter "PROPERTY"). 2. Pursuant to the goals and objectives of the Palm Desert General Plan Housing Element and Section 65915 of the California Government Code designed to facilitate the construction of housing affordable to moderate income households, DEVELOPER has applied and been granted conditional approval of amended Precise Plan of Design 84-24B (hereinafter "PROJECT") to construct 26 residential rental units on the PROPERTY, which include a 25% density bonus. These approvals include a requirement that 25% of these units be affordable by low/moderate income households. These five units shall hereafter be referred to as "LOW/MODERATE INCOME UNITS." 3 ORDINANCE NO. 464 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. 4. As used herein, LOW/MODERATE INCOME HOUSEHOLD shall be defined as: A. LOW/MODERATE INCOME HOUSEHOLD- Households whose gross income does not exceed 80% of the median income in 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 Is obtained from HUD. If in the future, more relevant data is made available by (HUD) or other officially recognized agencies, such data shall become the basis of this agreement. Agreement 1. DEVELOPER has been conditionally granted permission by the CITY to construct 26 rental conventional senior housing units on the PROPERTY by Precise Plan 84-24B Planning Commission Resolution No. 1129 As a condition of said approval DEVELOPER hereby agrees to reserve and make affordable five units for LOW/MODERATE INCOME HOUSEHOLDS. These units shall consist of two (2) two bedroom 898 square foot units and three (3) two bedroom 1056 square foot units. 4 ORDINANCE NO. 464 2. Monthly rents for the LOW/MODERATE INCOME UNITS shall not exceed 30% of the maximum gross monthly income as shown for LOW/MODERATE INCOME HOUSEHOLDS in Exhibit "21'. Rents for the 898 square foot units shall be based upon a three person household. Rents for the 1056 square foot units shall be based upon a four person household. 3. The DEVELOPER or his assigned management agent shall be responsible for determining eligibility of prospective tenants. Prior to opening the protect 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 annual audit at the DEVELOPERS'S cost by the CITY or its assigned agents determining compliance with all aspects of this agreement. 4. The DEVELOPER shall not discriminate on the basis of age, 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. 5 ORDINANCE NO. 464 6. 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. 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. 8. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each AGREEMENT is 3 I ORDINANCE NO. 464 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 long as the PROJECT remains in existence. IN WITNESS WHEREOF the parties have executed this Agreement the year and date first above written. (Notarized) ATTEST: SHEILA R. GILL AN, City C r City of Palm Desert, Cali is /dig 7 GLOVER/MARTINEZ By rr /mil THE CITY OF PALM DESERT By ORDINANCE NO. 464 EXHIBIT "I" LEGAL DESCRIPTION Lots 85, 86, 87, 88, 89, 90 Palm Dell Estates, Riverside County Map Book 21/66 8 L_. ORDINANCE NO. 464 EXHIBIT "2" LOW/MODERATE INCOME HOUSEHOLD 80% OF MEDIAN MAXIMUM RENT AND INCOME LEVELS Household Size Maximum Income Unit Size Maximum Rent 3 $19,300 898 $482 4 $21,450 1056 $536