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Home My WebLink AboutORD 554i • 0 ORDI=4CE NO. 554 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA APPROVING XAMZMENTS TO A DEVELAPMENT AGREEMENT FOR A 150 UNIT SENIOR HOUSIW-2, PROJECT ON 7.2 ACRES LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE, 1600 FEET EAST OF MONTEREY AVENUE. CASE NO: DA 86-5 (AMENDMENTS). WHEREAS, the City Council of the City of Palm Desert, California did an the llth day of August 1988 hold a duly noticed public hearing and continued hearings on September 8 and 22, 1988, to consider a request by USA/FAIRFIELD for approval of a development agreement for a 150 unit senior horsing project located on the south side of Country Club Drive, 1600 feet east of Monterey Avenue. WHEREAS, at said public heaXing, 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 actin a: v "d4o 1. The development agreement is consistent with and implements goals and requirements of the Palm Desert General Plan Housing Element- and Zoning Ordinance Senior Overlay ooncerning housing for very low/lower and moderate income senior citizen household. 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 council in this case. 2. That DA 86-5 as amended is hereby approved. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 1st day of November, 1988 by the following vote, to wit: AYES: CRITES, NOES: NONE ABSENT: WILSON ABSTAINED: NONE SHEILA R. GIFLIGAN, City of Palm Desert /fr iELUY, SNYDER, AND BENSON � � `�G & Z' �' M. BENSON, Mayor 'r RECORDING REQUESTED BY ANL 1411Eti RECORDED MAIL 'r0: in CO CITY CLERK'S OFFICE N CITY OF PALM DESERT M7.3-510 £RED WARLNG DRIVE) PALM -DESERT, CA 92260 ... 1 , \• .... FOR TUE BENEFIT OF THE CITY OF FALM DESERT NO FEE 0103 OF THE GOVT. CODE ORDINANCE NO. 554 AN ORL)SMNGE OF THE CITY COUNCIL OF THE CITY OF PALM DFSERC, CALIFUP,IIA APPROVING MaCkUrTS TO P, DE1IFS�OFT�7Yp AGREIMI' FOR A 150 UNIT SENIOR HWSIIG P8ojECT ON 7 ACRES LOCATED ON THE SOUTH SIDE OF CCi1NFRY CLUB 2 DRIVE. 16. NoUFEET FAST OF M WEREy AVENUE. CASE NO. DA 86-5 (N+ExL)t4E2M ) 1' , the City Council of the City of Palm Desert, California did cn the llth day of August 1988 hold a duly noticed public hearing and continued hearings on September 6 and 22, 1966, tG consider a request by USA/FAIRF'IELD for approval of a development agreement for a 150 unit senior located . on the south side of Country Club Drive. 1600 feet east ofINp�citterW Avenge. (4HEREAS, 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 th9 following facts to exist to justify their achy: DEVEWPN> U AGREDCW: 1. The development agreement is Consistent with and uiimplements goals and requirements of the palm Desert General Plan Housing Element and Z-,4 Ordinance Senior Overlay concealing housing for very low/low,er and a0derate inane senior citizen household, NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows.. I. That the above recitations are true and correct and oonstitute the findings of the cwncil in this case. 2. That DA 66-5 as amended is hereby approved, PASSED, APPROVED and ADOPTED at a regular meeting of the Pal,n Desert City Council, held on this 1st day of Novesrtber, 1968 by the following vote, to wit: AYES: CRITES, 1<1:T,LY, NOES: NONE ABSENT: WILSON ABSTAINED: MOM ATTEST4PaImDese�� 1 SHEILA C' Clerk City o /fr SNYDER, AM BFNSON M. BJNSON, Mayor r. AC H DOCUtAE?VT IO'��HiC-I TtiIS C£f?71FIC�1'(E I AT7ACHED,15 CERTIFiEDT^ GE A PAL, TRUE ADIC CORRECT, 0"YCF1.-;L'il'iC•''i'.Ir...^.";LF :r1DOPI RECORD ((t F/Y ornI F SHEILA R. GILLICAN, Chj Cie,e `,:... Coy pi PalmOesen.i;alifonr� 3 ��a�� RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: r Ili ` GO CITY CLERK'S OFFICE CITY OF PALM DESERT 1\73-510 FRED WARING DRIVE J PALM DESERT, CA 92Z60 FOR THE BENI;, IT OF THE CITY OF PALM DESERT NO FEE 0103 OF THE GOVT. CODE ORDINANCE ND. 554 I' AN ORllINANCE OF THE CITY WUNCIL OF t DESERT, CALIFURNIA APPROVING AME"OtENTS T0 A TDEVELOpt'ENT I AGREEI' EM MR A 150 UNIT SENIOR HOUSING PROJECT ON 7.2 ACRES LOCATED ON THE SOUTH[ SI➢E OF COUNTRY CLUB DRIVE, 1600 m FEET EAST OF MONTEREY AVENUE. CASE NO: DA 86-5 (AME mmwrS) . WHEREAS, the City Council of the City of Palm Desert, California did on the llth day of August 1988 hold a duly noticed public hearing and continued hearings on September 8 and 22, 1988, to consider a request by USA/FAIRFIELD for approval of a development agreement for a 150 unit senior housing project located on the south side of Country Club Drive, 1600 feet east of Monterey Avenue. WHEREAS, at testimony and arguments said public hearing, upon hearing and considering all gtanents of all interested persons desiring to be heard said city council did find the following facts to exist to justify their actions: a o! • • is - �� is 1. The development agreement is ocnsistent with and implements goals and requirements of the Palm Desert General Plan Housing Element and Zoning Ordinance Seniot Overlay concerning housing for very law/lower and moderate income senior citizen household. Des as fo.1owOs�-. ' BE IT ORDAINED by the City Council of the City of Palm I. That the above recitations are true and correct and oonstitute the findings of the Council in this case. 2. That DA 86-5 as amended is hereby approved. PASSED, APPROVED and ADOpIED at a regular meeting of the Patin Desert City Council, held on this 1st day of November, 1988 by the following vote, to writ: Ate: CRITES, KELLY, SNYDER, AND BENSON NOES: AONE ABSENT: WILSON ABSTAINED: NONE `/i � / lJ A17TEESST: M. BE7VSON, Mayor SAC H DOCUMENT TO WFtlCH THIS CERTIFICATE 19 SHEILA R. GI LIGAN, ^ C' Clerk ATTACHED,ISCERTIFiEDT6EAtULL,TRUEANG City of Palm Desert CORRECTr OPYOFTHE )PIQ-°IALON;riLF!1NDON RECORD IN MY OFFI(',F /fr Dated; ` - SHEILA R. GILLIGAN, City CIerF- �;, ,. City of Palm (Desert, Ca(ifo".a U M .0 ORDIW44CC M. 554 EX 317* "A" tg a r 1989 This agreement, made as of this 6th day of January , between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and USA/FAIRFIELD REALTY FUND LTD. (hereinafter "DEVELOPER") provides: 0 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 as amended (hereinafter "PROJECT") to construct 150 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. N 0 Ln 9D N �2 ORDINANCE NO. 554 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 following terms shall be defined as: A. SENIOR CITIZEN HCAJSEHOLD - Maxim= two person household of which both members are 55 years of age or older. S. 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 cm patible with a less active lifestyle conventional senior housing resembles standard housing. C. VERY LOW INCOME SENIOR CITIZEN HOUSgiOLDS - Senior citizen households whose gross income does not exceed 50% of the median income for one person households for Riverside County based upon financial and demographic data received from the United States Department of Housing and Ccimxu i.ty 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 3 ORDT No. 554 M other officlally.recognized agencies, such data shall become the io `Z basis of this agreement. r D. LOWER. INCOME SENIOR CITIZEN HOUSEHOLD . - Senior citizen households whose gross inane does not exceed 8096 of the median income for one person households for Riverside County based upon Financial and demographic data received fran the United States Department of Housing and Camnanity Development ( HUD) or its successor agency. TYus 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 became the basis of this agreement. E. MODERATE INCOME SENIOR CITIZEN HOUSEHOLD - Senior citizen households whose income does not exceed 100$ of the median 1. DEVELOPER has been conditionally granted permission by the CITY to construct 150 rental units for senior citizen households on the Pp,OPERTY by Precise Plan/Conditional Use Permit 86-22, Resolution No. 88-111. As a condition of said approval DEVELOPER is required, and hereby agrees to reserve and make affordable 5% (8 units) of the 4 ORDIW%NCP, NO. 554 project for VERY LOW I140ME SENIOR HOUSEHOLDS, 10% (16 units) for La4ER INO X IE SENIOR HOUSEIiOLDS and 10% (16 units) for MODERATE INOCME SENIOR HOUSEHOLDS. Monthly rents for these AFFORDABLE UNITS shall not exceed 30% of the maxinun gross monthly incase as shown for the respective units in E:;hibit "2". The unit mix, initial rent and maxiumun.inccme levels for the AFFORDABLE UNITS shall be as follows: Urdt Type # of Units Max. Annual Inccmg Monthly Rent Studio 8 $10,800 $270 Studio 15 $17,260 $432 1 Bedroan 15 $21,600 $540 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. This agreement in no way restricts or limits optional care services or changes. f 3. The DEVELOPER or his assigned management agent shall be responsible for determining eligibility of prospective tenants. Prior to opening the project the DEVE WPE R 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 '0 ORDIM4CE NO. 554 117 Q N 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. Rental priority shall be given to City of Palm Desert residents. 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. 5. This agreement shall be reviewed by the CITY planning commission every 12 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 carmission finds and determines, on the basis of I 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 • ORDIIW�M- NO. 554 11 !n C12 default and shall so notify to him/her as to the specific nature of D. the default, and describe remedies required to achieve oompliance. A.ny 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 pl&uiing ccmnission shall reccouiend 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 ail 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 AGREEMEWr 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 7 OVDIMMCE NO. 554 00 executed by a dulj, 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 WHERSOF the parties have executed this AGPEU4ENT the year and date first above written. V {Notarized} ATTEST: SHEILA R. GILL/IGAN, Cijff Clerk City of Palm Desert, lifornia /fr i THE CITY OF rP ESERT By BY USA/FAIRFIELD REALTY FUND LTD. BY USA- p�aflct-4:as �ywf�; 2k��_ G.P. By _ roc a n 0 A, t�C 1 STATE OF CALIFORNIA ;ss. COUNTY OI= _River.rxide..__. n `c On_ January 6,=19,89 — before me, the undersigned. a Notary Public in and for U m said State. personally appeared. —Steven Gall— -- ------- -- -- — - c 1 w personally known 10 me for proved l0 me Cn the bays 01 sd!it:- W factory evidence) to be the person ;hat executed the within a instrument as—V-.F._oF-.U.S-A.-ProperterdteaisFund, Inc., General Partner c on behall of U.S . A. Fairfield Realt Furid TT a - the pannersnio: CFFICIAL SEAL i r =• MARY P. FRAZIER therein named and acknowledged to me that the partnership• , executed it. ��',a ,v�,�; •• NOTARY PUBLIC-CALIFORNIA • . N?TARY BOND FILED IN r� 00 WITN SS my hand and official eat. RIVERSIDE COUNTY • .. Co...... on Expires July 23. t990 Signal , ---- — -• tThiS area for oHKia� notarial seal) `l r- OMINANCE NO. 554 4 ' kt �l N I ' ` EiXFill3IT "1" The east 7.2 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 in •• WODUIPM NO. 5M GC C� VERY Lard IN(n-IE Household size - 1 T c;dER INCa E Household size - 1 MODERATE INOOME Household size - 1 1 .0 • , % MIIBIT $17,280 $21,600 D a 10 0