The URL can be used to link to this page

Home My WebLink AboutORD 528ORDINANCE NO. 528 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA. APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT FOR AN 113 UNIT SENIOR HOUSING PROJECT ON 7.2 ACRES LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE. 1600 FEET EAST OF MONTEREY AVENUE. CASE NO: OA 86-5 AMENDMENT WHEREAS. the City Council of the City of Palm Desert. California. did on the 14th day of January, 1988, hold a duly noticed public hearing to consider a development agreement amendment modifying the mix of affordable units for a 113 unit senior housing project on 7.2 acres located on the south side of Country Club Drive. 1600 feet east of Monterey Avenue. 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 Justify their actions. 1. The proposal inclusion of studio units with a 12% rent reduction in the affordable housing program is consistent with intent and purpose of the senior overlay ordinance. 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 86-5 Amendment Exhibit "A" is hereby approved. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council held on this 28 th day of January, 1988. by the following vote. to wit: AYES: CRITES, KELLY. SNYDER, WILSON. BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONEAJ AN M. BENSON. Mayor ATTEST: _ � `mil V � SHEILA R. G LLIGAN. City CVerk City of Palm Desert. California v ORDINANCE ND. 528 EXHIBIT 'A" PALM DESERT VILLAS INC. AFFORDABLE SENIOR HOUSING DEVELOPMENT AGREEMENT This agreement, - made as of this 28th day of January, 1988 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 113 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. ORDINANCE ND. 528 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. the followinq 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. ORDINANCE NO. 528 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. I. DEVELOPER has been conditionally granted permission by the CITY to construct III rental units for senior citizen households on the PROPERTY by Precise Plan/Conditional Use Permit 86-22, Planning Commission Resolution No. 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% (11 units) for MODERATE INCOME SENIOR HOUSEHOLDS. Monthly rents for ORDINANCE NO. 528 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 Studio 450 sf 5 $10,150 $252 1 bdrm 650 sf 12 $18.450 $460 2 Bedroom 11 $23,026 $575 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. The project may be divided into two phases as delineated by PM 23058. Phase 1 w i 1 I contain 70 units; Phase 2 - 43 units. The 70 units in phase 1 will include five very low income studios, seven one bedroom lower income units and six two bedroom moderate income units. 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 determininq 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 ORDINANCE NO. 528 ellgibillty 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 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 ORDINANCE NO. 528 default and shall so notify to him/her as to the specific nature of the default. and describe remedies required to achieve compliance. 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 bindinq upon that party and that this AGREEMENT is ORDINANCE NO. 528 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. THE TY OF PALM DESE By By( (Notarized) TTEST: _ ( A- SHEILA R. GILLIOAN, City C1 City of Palm Desert, Cali nia ORDINANCE NO. 528 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. ORDINANCE NO. 528 EXHIBIT "2" VERY LOW INCOME Household size - 1 $10.150 LOWER INCOME Household size - 2 $18.450 MODERATE INCOME Household size - 2 $23,026