HomeMy WebLinkAboutORD 555 RECORDING REQUESTED BY , AND �V8 §g
WHEN RECORDED MAIL TO: UI d 0)
t4 City Clerk's Office -+ 00 cfr b gi fill
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C., City of Palm Desert 2 o 1 ii ii
r 73-510 Fred Waring Dive S R Zv.
Palm Desert, CA 92260 ill;
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UD '7 eV 3'�,
18'7610
ORDINANCE NO. 555
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF PALM DESERT AND SCHMITZ ENTERPRISES,
INC. INVOLVING A CONDITIONAL USE PERMIT TO CONSTRUCT A 17
UNIT SENIOR CITIZEN APARTMENT PROJECT ON THE SOUTH SIDE OF
SANTA ROSA, APPROXIMATELY 200 FEET EAST OF SAN PASQUAL
AVENUE.
CASE NO. DEVELCPM NT AGREE1EN FOR CUP 88-2
• 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 to consider a
request by SCHMITZ ENTERPRISES, INC. to enter into a development agreement to
construct the above mentioned project.
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:
1. That the development agreement provide for the development to make
affordable one unit to very 1 . income,senior. house1 lds,. .tNao units
•
. • 'to Tower' ihcoMe• senior hcxiseir)lds aril two units to moderate iryocin•
senior households.
NOW,. THEREFORE, BE IT .RESOLVED 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 the City Council does hereby approve the Development Agreement
"Exhibit A" for Case No. CUP 88-2 between the City of Palm Desert
and Schmitz Enterprises, Inc. attached Exhibit "A".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Oa.uicil, held on this 8th day of September, 1988 by the following vote,
to wit:
AYES: CRITES, KELLY, SNYDER, WILSON, BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
•
M. BENSON, Mayor
SHEILA R. LLIGAN, ty Clerk
City of Palm Des Cai ifornia EACH DOCUMENT TO WHICH TH+S CERTIFICATE IS
ATTACHED, IS MIMEO TO Bfi A FULL, TRUE AND
/fr CORRECT COPY OF "-,,;: f";;0, nlAL ON FILE AND ON
RECORD IN MY C ;CE.
Dated: � w•5���
SHEILA R. GILLIGA, , City Clerk
City of De5e California
By:
187610
ORDINANCE ND. 555
EXHIBIT "A"
SCfMITZ ENTERPRISES, INC.
AFFORDABLE SENIOR HOUSING DEVELOPMENT AGREEMENT
1989
This agreement, made as of this 11th day of May , 490EK between the City
of Palm Desert, a California municipal corporation (hereinafter "CITY") and
Schmitz Enterprises (hereinafter "DEVELOPER") provicics:
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 88-2 (hereinafter "PROJECT" ) to construct 16
senior housing units and recondition one existing unit for seniors 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 inccme
senior citizen households.
2
187610
ORDINANCE NO. 555
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 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 incase for one
and two person households for Riverside County based upon financial
and demographic data received fran the United States Department of
Housing and Ccumunity Development (HUD) or its successor agency.
This information is included in Exhibit "2" and shall be updated
automatically as current data is obtained fran HUD. If in the future
more relevant data is made available specifically applicable to
3
ORDINANCE NO. 555 187610
senior citizens by (HUD) or other officially recognized agencies,
such data shall became the basis of this AGREEMENT.
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 updated
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,
111 such data shall became the basis of this AGREEMENT.
a
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 16 rental units and refurbish one existing unit for senior
citizen households on the PROPERTY by Precise Plan/Conditional Use Permit
88-2, Planning Commission Resolution No. As a condition of said
approval DEVELOPER is required, and hereby agrees to reserve and make
4
ORDINANCE NO. 555 187610
affordable 5% (1 unit) of the project for VERY LOW INCOME SENIOR
HOUSEHOLDS, 10% (2 units) for LOWER INCOME SENIOR HOUSEHOLDS and 10% (2
units) for MODERATE INCOME SENIOR HOUSEHOLDS. Monthly rents for these
AFFORDABLE UNITS shall not exceed 30% of the maximum gross ninthly incase
as shown for the respective units in Exhibit "2." The unit mix, initial
rent and maximum incase levels for the AFFORDABLE UNITS shall be as
follows:
•
Unit Type # of Units Maximum Annual Income Monthly Rent
1 Studio 600 sf 1 $10,800 $270
1 Bedroom 650 sf 2. $17,280 $432 ,
1 Bedroom 2 $21,600 $540
The AFFORDABLE units shall be of a quality and ciPsign indistinguishable
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 charges.
3. The DEVELOPER or his assigned management agent shall be responsible for
determining eligibility of prospective tenants. Prior to opening the
5
ORDINANCE NO. 555 187610
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 DEVELOPER'S 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 of race, c .. , 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 12
twiiths (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
carnussion finds and determines on the basis of substantial evidence that
the DEVELOPER has not complied in good faith with the terms or conditions
6
ORDINANCE NO. 555
of this AGREEMENT, then the carmission 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
canpliance. 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 camrission shall recannend 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 inwive revocation. o£ , all,. previous approvals. arxi: •.
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
7
J T 187610
ORDINANCE NO. 555
binding upon that party and that this AGREENEUIT is executed by a duly
authorized official acting in his official capacity.
9. The teens of this AGREEN>ETIr 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.
CITY OF PALM DESERT SCH IITZ ENTERPRISES, INC.
•
By Bylt,77,4?-4475(
By �' By
Notarized)
ATTEST:
SHEILA R. GILLIGAN, Clerk
City of Palm Desert
/tm
8
18'7610
STATE OF CALIFORNIA )
COUNTY OF Ni l� )ss.
m p '
c. said State,personally a before me,the undersigned,a Notary Public in and for
c,
P Y PPeare 22 . Sc \Attu\T'z
E and
yo basis of satisfactory evidence)to be the persons who executed the within instrument t ument as mey known to (or proved to on the
a
_e E
c o
o
President and
�� on behalf of_�
1 n1
.................................
la: U
8. the corporation therein named,and acknowledged to me that
o co such corporation executed the within instrument pursuant to its OFFICIAL SEAL •
MARY P. FRAZIER •
I by-laws or a resolution of its board of directors. Hir •
NOTARY PUBLfC •
•
a , I NOTARY —CALIFORNIA
co WITNESS my hand and official seal. "Q""' FILED IN
co •
RIVERSIDE COUNTY
a . My Commission .
o ti...................E„pr�es July 23, 1990 •
o
M Signatu ...................'
(This area for official notarial seal)
187610
ORDINANCE AA. 555
EXEIIBIT "1"
LEGAL DESCtIPTICN
The east 1/2 of Lot 9 Palma Village Groves MB20/51, Exc. the east 99 feet
therefrom.
9
® CITY OF PALM DESERT
ei AFFORDABLE HOUSING
'.0 INCOME AND RENT SCHEDULE
IN.
Z FEBRUARY, I988
INCOME MONTHLY RENT
1207E 100% 80% 50%
HOUSEHOLDS MODERATE MEDIAN LOWER VERY LOW UNIT SIZE' MODERATE MEDIAN LOWER VERY LOW
Studio .
i 1 $25,920 $21 ,600 $17,280 $10,800 450 sq. ft. $648 $540 $432 $270
minimum
•
1 Bedroom
2 29,640 24,700 19,760 12,350 600 sq. ft. 741 617 494 . 309
minimum
'1 2 Bdrm/1 Bath
1 3 33,360 27,800 22,240 • 13;900 800 sq. ft. 834 695 556 347
minimum
1 2 Bdrm/2 Bath
4 37,080 30,900 24,720 15,450 950 sq. ft. 927 772 618 386
minimum
•
3 Bdrm/2 Bath
5 40,080 33,400 26,720 16. 700 1100 sq. ft. 1002 835 668 417
minimum
3 Bdrm/2 Bath
6 42,960 35,800 28,640 17,900 1250 sq. ft. 1074 895 716 447
minimum
•
'NOT APPLICABLE TO SENIOR PROJECTS
omiN 1NCE No. 555
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF PALM DESERT AND SCHMITZ ENTERPRISES,
INC. INVOLVING A CONDITIONAL USE PERMIT TO CONSTRUCT A 17
UNIT SENIOR CITIZEN APARTMENT PROJECT ON THE SOUTH SIDE OF
SANTA ROSA, APPROXIMATELY 200 FEET EAST OF SAN PASQUAL
AVENUE.
CASE NO. DEVE1kWME1U AGREEMENT FOR CUP 88-2
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 to consider a
request by SCHMITZ ENTERPRISES, INC. to enter into a development agreement to
construct the above mentioned project.
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:
1. That the development agreement provide for the development to make.
affordable one unit to very law income senior ..households, two. units ..
to' lower ino� seniors �fO seiirolds and two units to moderate income
senior *households..
NOW, THEREFORE, BE IT RESOLVED 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 the City Council does hereby approve the Development Agreement
"Exhibit A" for Case No. CUP 88-2 between the City of Palm Desert
and Schmitz Enterprises, Inc. attached Exhibit "A".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 8th day of September, 1988 by the following vote,
to wit:
AYES: CRITES, FILLY, SNYDER, WILSON, BENSON
• is
ABSTAIN: NONE
i
SHEILA R. GILLIGAN, ty Clerk
City of Palm Des California
/fr
a.10 - - A/
7N M. BENISON, Mayor
ORDINANCE ND. 555
SIT "A"
1989
This agreement, made as of this 11th day of MaY , between the City
of Palm Desert, a California municipal corporation (hereinafter "CITY") and
Schmitz Enterprises (hereinafter "DE,VEDOPER") provides:
1. DEVELOPER
is owner of certain
real.. property ...lpcated within.
the City. of
Palm Desert,
California, which property is described in
Exhibit 1,
n
attached
hereto and made
a part hereof (hereinafter "PROPERTY").
i
DEVELOPER
has applied for
and been granted approval of a precise
plan/conditional use permit
88-2 ( hereinafter "PROJECT") to
ocnLstruct 16
senior housing units and recondition one existing unit for seniors on the
WO • JI•T `
2. As a ocnditicn 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
inane occupants subject to
restrictions
necessary to
insure the
continued occupancy of said units by very low, lower and moderate incase
senior citizen households.
2 J
ORDINANCE NO. 555
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 HOUSEHOLD - Maximum two person household of which one
member is 62 years of age or older.
H. 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 updated
automatically as current data is obtained from HUD. If in the future
more relevant data is made available specifically applicable to
3
ORDINANCE NO. 555
senior citizens by (HUD) or other officially recognized agencies,
such data shall become the basis of this AGREEMENT.
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 fran the United States Department of
Housing and Crnmunity Development (HUD) or its successor agency.
This information is included in Exhibit "2" and shall be updated
automatically as current data is obtained fran HUD. If in the.future
more relevant data is made available spegifically applicable to,
senior citizens by (HUD) or other officially reoogni.zed agencies,
such data shall become the basis of this AGREE Wr. r
E. MODERATE INCCME SENIOR CITIZEN HOUSEHOLD - Senior citizen households
whose ino me does not exceed 100% of the median income.
1. DEVELOPER has been conditionally granted permission by the CITY to
construct 16 rental units and refurbish one existing unit for senior
citizen households on the PROPERTY by Precise Plan/Conditicnal Use Permit
88-2, Plaming Camiissicn Resolution No. As a condition of said
approval DEVELOPER is required, and hereby agrees to reserve and make
4
ORDINANCE NO. 555
affordable 5$ (1 unit) of the project for VERY LOW INCOME SENIOR
HOUSEHOLDS, 10$ (2 units) for LOWER INCOME SENIOR HOUSEHOLDS and 10% (2
units) for MODERATE INCOME SENIOR HOUSEHOLDS. Monthly rents for these
AFFORDABLE UNITS shall not exceed 3096 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
1 Studio 600 sf
1 Bedroom 650 .sf
1 Bedroom
# of Units Maximum Annual Income
1 $10,800
2 $17,280
2 $21,600
Monthly Rent
$270
W2
$540
The AFFORDABLE units shall be of a quality and design indistinguishable
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
additicnal cost. This AGREEMENT in no way restricts or limits optional
care services or charges.
3. The DEVELOPER or his assigned management agent shall be responsible for
determining eligibility of prospective tenants. Prior to opening the
5
OFMINANCE NO. 555
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 DEVELOPER'S expense) by the CITY or its assigned agent to determine
compliance with all affordable housing provisions of this AGREE.
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 C mudssicn 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 oarplianoe
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
6
ONRDIINANCE No. 555
of this AGREEMENT, then the ocnuissicn shall declare the DEVELOPER or
his/her successor in default and shall so notify to him/tier 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 comtission 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
appiwvals 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
7
ORDINANCE NO. 555
binding upon that party and that this AGREEMENT is executed by a duly
authorized official acting in his official capacity.
9. The terns of this AGREEMENT shall remain in force as long as the PRWEC'T
remains in existence.
IN WITNESS WHEREOF the parties have executed this AGREEMENT the year and
date first above written.
CITY OF PALM DESERT
By 4�
-iBy�
Notarized)
ATTEST:
C ,
SHEILA. R. GI LIGAN, CaClerk
City of Palm Desert
/tm
SCHMITZ RMRPRISES, INC.
Eby
By
L
9
ORDINANCE NO. 555
EXHIBIT "1"
I a 1 �._�: JM • ►
The east 1/2 of Lot 9 Palma Village Gives NB20/51, Exc. the east 99 feet
therefran.
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