HomeMy WebLinkAboutOrdinance #2853 ORDINANCE NO. 2853
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
APPROVING THE AFFORDABILITY DEVELOPMENT AGREEMENT FOR A
114 UNIT SENIOR CITIZENS APARTMENT PROJECT LOCATED
WEST OF SPRINGDALE STREET, SOUTH OF EDINGER
WHEREAS, pursuant to City Council Resolution No. 5390, the
Huntington Beach Planning Commission and Huntington Beach City
Council have had separate public hearings relative to the
Affordability Development Agreement for a 114 unit senior citizens
apartment project located on Springdale Street approximately 760
feet south of Edinger Avenue, and
WHEREAS, both bodies have carefully considered all
information presented at said hearings, and after due consideration
of all findings and recommendations of the Planning Commission and
all evidence presented to said City Council the City Council finds
that the Affordability Development Agreement is proper, and
consistent with the general plan,
NOW, THEREFORE, the City Council of the city of Huntington
Beach hereby approves the attached Affordability Development
Agreement (Exhibit A) .
PASSED AND ADOPTED by the city Council of the City of
Huntington Beach at a regular meeting thereof held on the 21st
day of July 1986., UO t j �•
Mayor
APPROVED AS TO FORM:
i
City Clerk City Attorney
REVIEWS D APPROVED: INITIATED AND APPROVED:
r
ty Admi ra or Director of Development Services
AFFORDABILITY AGREEMENT
THIS AGREEMENT, made and entered into on the day of
1986 , is by and between the CITY COUNCIL of
the CITY OF HUNTINGTON BEACH, a public body, corporate and politic
(the "City" herein) , and VILLACES PARTNERSHIP, a General Partnership,
( "Participant" herein ) .
WHEREAS, the preparation by Participant, approval by the City,
and subsequent recordation of an Affordability Development Agreement has
been imposed by the City as a condition of approval of Participant's
Zone Case #B-85-15 , Ordinance No. 2821-B and Conditional Use Permit
No. 86-12 for the development and use of the project area. ; and,
WHEREAS, this Agreement is entered into for the purpose of
setting forth the total number of units and continued affordability
of such units for said project; and,
WHEREAS, the fulfillment of this Agreement and the development
of the site pursuant to this Agreement are in the best interests of
the City and the health, safety and welfare of its residents , and
in accordance with public purposes and provisions of applicable Feder=
al , State and local laws and requirements .
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties ,
as follows :
1 . PROJECT AREA/SITE: The project area consists of approxi-
mately 3 . 09 gross acres , generally located west of Springdale Street
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and south of Edinger Avenue, and commonly described as 17111 Spring-
dale Street, City of Huntington Beach, County of Orange, State of
California , and more particularly described as follows:
The east 4. 00 acres of the south half of the northwest
quarter of the northeast quarter of Section 21 , Town-
ship 5 South, Range 11 West, in the Rancho Las Bolsa
Chica, city of Huntington Beach, county of Orange,
state of California, as per map recorded in Book 51 ,
page 13 of Miscellaneous Maps in the office of the
County Recorder of said county.
Excepting therefrom the north 150 . 00 feet thereof .
2 . NUMBER AND TYPE OF UNITS: Participant has been granted
a Conditional Use Permit to build a maximum of one hundred thirteen
( 113 ) Senior Citizens ' rental units , plus one (1 ) manager ' s unit,
for a total of one hundred fourteen ( 114 ) units, subject to the Con-
ditions imposed by the City in Conditional Use Permit No. 86-12 , which
was approved by the Planning Commission of the City on or about April
1 , 1986 .
3 . AFFORDABLE UNITS: Participant shall be required, and
hereby agrees to, provide and rent one-third ( 1/3 ) of the total num-
ber of units, being thirty-eight ( 38 ) units, as "affordable" units in
said project. Said "affordable" units shall be provided as follows :
a. Where Federal Mortgage Revenue Bond Financing is
provided for said project, Participant agrees to comply with the af-
fordable housing requirements for said Federal Financing program.
b. The "affordable" units not required to be provided
by the Federal Mortgage Revenue Bond Financing program shall be pro-
vided by Participant as follows :
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(1 ) Fifty percent ( 50% ) to households of "moder-
ate" income; and,
( 2 ) Fifty percent ( 50% ) to households of "low"
income.
"Low" income households as used herein, shall be
defined to mean those households earning up to eighty percent ( 80%)
of the Orange County median family income, as determined by the Center
for Economic Research at Chapman College in Orange, California. "Mod-
erate" income households as used herein, shall be defined to mean
those households earning up to one hundred twenty percent ( 120% ) of
the Orange County median family income, as determined by the Center
for Economic Research at Chapman College in Orange, California .
C. The remaining seventy-five percent ( 75% ) of the
total number of units, being eighty-five ( 85 ) Senior Citizens ' rental
units , may be provided and rented at market rates by Participant.
4 . DURATION OF AFFORDABLE UNITS: The said "affordable"
units shall continue to be so provided and rented for the duration
of the bonding period, if applicable, or fifteen ( 15 ) years , which-
ever is longer.
5. SENIOR CITIZEN REQUIREMENT: Each unit shall be occupied by
at least one ( 1 ) person who is sixty-two (62 ) years of age, or older.
No person or persons under the age of forty-five ( 45 ) shall be per-
mitted as full-time residents of the' project, excepting the resident
Manager(s ) .
6. NOTICES: Any notice required hereunder shall be in writ-
ing and sent postage pre-paid via Certified or Registered Mail , ad-
dressed in the case of the City to:
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CITY OF H=I INGTON BEACH
2000 Mail Street
P.O. Box 190
Huntington Beach, CA 92648
Attn:
and in the case of Participant, to:
VILLAGES PARTNERSHIP
1810 14th Street, Suite 207
Santa Monica, CA 90404
Attn: T. Daniel Neveau
or as may otherwise be changed in this same manner.
7 . BINDING ON SUCCESSORS: This instrument and the rights
and obligations herein contained shall run with the land for the dura-
tion hereof, unless earlier amended or terminated by the parties here-
to. In no event may this Agreement, or any of the obligations herein
contained, be amended, changed, or terminated without the prior writ-
ten consent of the City of Huntington Beach. This instrument shall
bind and inure to the benefit of the respective heirs, personal repre-
sentatives , successors and assigns of the parties.
IN WITNESS WHEREOF, the parties have placed their signatures
below, on the date first above written, at Huntington Beach, California.
City: CITY OF HUNTINGTON BEACH:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney /}
irector of Development Services
Participant: VILLAGES PARTNERSHIP:
i
By:
(Signature)
(Print Name)
{Title)
STATE OF CALIFORNIA
COUNTY OF ORANGE Iss
On 1986, before me
a Notary Public for the State of California, personally appeared
known to me to be one of the
partners VILLAGES PARTNERSHIP that executed the within instrument ,
and acknowledged to me that such partnership executed the same.
(Signature )
Notary Public for the State
of California
My Commission expires:
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1►
I °6`
Ord. No. 2853
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 16 th day of June
19 86 , and was again read to said City Council at a regular
meeting thereof held on the 21 s t day of July 19 86 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Kelly, MacAllister, Mandic , Bailey, Green
NOES: Councilmen:
None
ABSENT: Councilmen:
Finley, Thomas
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
i, Antis M. Wentworth CITY CLERK of the City of
Huntington Beach and ex-offiio Clerk of the City
Council, do hereby certify that a synopsis of this
ordinance has been published in the Kuntington
Beach independent on
in accordance with the City Chai lo+
;mac»MA V#TN TWO RTH
Ci'y Clerk
,f
City Clerk