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Home My WebLink AboutORD 471ORDINANCE NO. 471 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT SETTING TERMS AND CONDITIONS RELATING TO THE MANAGEMENT OF A 113 UNIT SENIOR HOUSING PROJECT. CASE NO: DA 86-5 WHEREAS, the City Council of the City of Palm Desert, California did on the 14th day of August, 1986 hold a duly noticed public hearing to consider a request by PALM DESERT VILLAS INC. for approval of a development agreement relating to management of a 113 unit senior citizen development including rental controls on 28 units. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard said city council did find the following facts to exist to approve said development agreement. 1. The agreement implements requirements of the Senior Housing Overlay and policies of the General Plan Housing Element. 2. The agreement promotes public health, safety and general welfare by providing affordable high quality housing for senior citizens. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, 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 86-5 as provided in the attached exhibit, labeled Exhibit "A". PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council held on this 28th day of August, 1986 by the following vote, to wit: AYES: SNYDER, WILSON & KELLY NOES: NONE ABSENT: BENSON 8 JACKSON ABSTAIN: NONE ATTEST: SHEILA R. GI IGAN, Cit Clerk City of Palm Desert. Wifornia wi AF// :D �ayor 7 ORDINANCE NO. 471 11 EXHIBIT "A" PALM DESERT VILLAS INC. AFFORDABLE SENIOR HOUSING DEVELOPMENT AGREEMENT This agreement, made as of this 2nd day of September, 1986, between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Palm Desert Villas Inc. (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 approval of a precise plan/conditional use permit 86-22 (hereinafter "PROJECT") to construct III senior housing units on the PROPERTY. 2. As a condition of said approval, CITY has required that a specified number of units associated with the project be set aside for very low, lower and moderate income occupants subject to restrictions necessary to insure the continued occupancy of said units by very low, lower and moderate income senior citizen households. 3. DEVELOPER and CITY desire to further memorialize and implement the E ORDINANCE NO. 471 conditions of said approval and do hereby agree to the following terms and conditions. 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 activities 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. VERY LOW INCOME SENIOR CITIZEN HOUSEHOLDS - Senior citizen households whose gross income does not exceed 50% of the median income for one and two person households 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 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. 3 ORDINANCE NO. 471 D. LOWER INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen households whose gross income does not exceed 80% of the median income for one and two person households 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 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. E. MODERATE INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen households whose income does not exceed 100% of the median income. Agreement 1. DEVELOPER has been conditionally granted permission by the CITY to construct 111 rental units for senior citizen households on the PROPERTY by Precise Plan/Conditional Use Permit 86-22, Planning Commission Resolution No. 1156 . As a condition of said approval DEVELOPER is required, and hereby agrees to reserve and make affordable 5% (5 units) of the project for VERY LOW INCOME SENIOR HOUSEHOLDS, 10% (12 units) for LOWER INCOME SENIOR HOUSEHOLDS and 10% 4 ORDINANCE NO. 471 (11 units) for MODERATE INCOME SENIOR HOUSEHOLDS. Monthly rents for these AFFORDABLE UNITS shall not exceed 30% of the maximum gross monthly income as shown for the respective units in Exhibit "2". The unit mix, initial rent and maximum income levels for the AFFORDABLE UNITS shall be as follows: Unit Type # of Units Max. Annual Income Monthly Rent 1 bdrm 600 sf 5 $10,700 $267 1 bdrm 650 sf 12 $17,150 $429 2 Bedroom 11 $21,437 $536 The AFFORDABLE units shall be of a quality and design indistinguish- able from the market units, shall be evenly distributed throughout' the project and shall be periodically rotated as vacancies permit. 2. All units in the PROJECT shall be offered as Conventional Senior Housing. The DEVELOPER may provide, at the tenants option, other services for an additional cost. 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 requirements. This plan shall include annual qualification by all eligible senior households and audits (as is deemed necessary by the city at the DEVELOPERS expense) by the CITY 5 ORDINANCE NO. 471 or its assigned agent to determine compliance with all affordable housing provisions of this agreement. 4. The DEVELOPER shall not discriminate on the basis or 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 (or whenever substantial evidence exists to indicate a possible breach of the terms of the agreement) at which time the developer or his/her 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 developer has not complied in good faith with the terms or conditions of this agreement, then the commission shall declare the developer or his/her successor in default and shall so notify to him/her as to the specific nature of the default, and describe remedies required to achieve compliance. R W ORDINANCE NO. 471 Any responsible or interested party associated with the project may correct the default. If after 30 days of the receipt of notification, the specified remedial actions have not occurred, the planning commission shall recommend to the city council that the agreement 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 reason 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 binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. 7 ORDINANCE NO. 471 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. GI IGAN, Cit lerk City of Palm Desert, C ifornia /dig THE CI OF P LM DESERT By By 7 PAL O�SERT VILLAS INC. r !" By I STATE OF CALI FO IA Iss. COUNTY OF —RCS jai✓ y f= 2 ��o On � �t �Ci\��... } ,before me, the undersigned, a Notary Public in and for On said State, personally appeared �O (� Gr k"- _and a� personally known to me (or proved to me on the E a c basis of satisfactory evidence) to be the persons who executed the within instrument as OL 'r ii E President Rl c *-Djon4,e ,m" 0 o �(:k tK1 -_) T St,rux- NCB '� V ...................................uu.u..ti o the corporation therein named, and acknowledged to me that % « , OFFICIAL SEAL ; o U such corporation executed the within instrument pursuant to its MARY P. FRAZIER by-laws or a resolution of its board of directors. . NOTARY PUBLIC—CALIFORNIA .o NOTARY BOND FILED IN 00 WITNESS my hand and official seal. RIVERSIDE COUNTY % S My Commission Expires July 23, 1990 ...........................................5 o 0 (� Signature (This area for official notarial seal) t ORDINANCE NO. 471 EXHIBIT "1" LEGAL DESCRIPTION The east 7.5 acres of the west 15 acres of the northeast quarter of the northwest quarter of Section 8, Township 5 south range 6 east, San Bernardino base and meridian. 9 ORDINANCE NO. 471 VERY LOW INCOME Household size - 2 $10,700 LOWER INCOME Household size - 2 $17,150 MODERATE INCOME Household size - 2 $21,437 EXHIBIT w2w om or