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HomeMy WebLinkAboutResolution - RDA 06 - 02 STATE OF CALIFORNIA ) RESOLUTION NO. RDA 06-02 COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING AN AFFORDABLE HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO AND PALM DESERT DEVELOPMENT COMPANY CONCERNING THE DEVELOPMENT OF AN EIGHTY-ONE (81) UNIT AFFORDABLE HOUSING DEVELOPMENT ON SANTA FE STREET BETWEEN ESPLANADE AVENUE AND OAKWOOD STREET IN THE CITY OF SAN JACINTO AND MAKING CERTAIN FINDINGS PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33433 IN CONNECTION THEREWITH WHEREAS, pursuant to the provisions of California Community Redevelopment Law (California Health and Safety Code Section 33000 et seq.) ("CRL"), the City Council ("City Council") of the City of San Jacinto ("City") approved and adopted a redevelopment plan ('Redevelopment Plan") for the San Jacinto Redevelopment Project Area ("Project Area"); and WHEREAS, the Redevelopment Agency of the City ("Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Project Area; and WHEREAS, the Agency owns that certain real property within the Project Area consisting of approximately 4.78 acres located on Santa Fe Street between Esplanade Avenue and Oakwood Street, commonly referred to as Assessor Parcel Number 439-070-022 ("Property"); and WHEREAS, Palm Desert Development Company, a California corporation ("Developer") desires to acquire the Property from the Agency and construct on the Property an eighty-one (81) unit multi-family affordable rental housing project ("Project') comprised of forty (40) two-bedroom units, and forty (40) three-bedroom units subject to the following occupancy restrictions: (i) Eighteen (18) of the units restricted for lease to households at or below one hundred twenty percent (120%) of the area median income; (ii) Thirty (30) units restricted for lease to households at or below eighty percent (80%) of the area median income; (iii) Thirty-two (32) units restricted for lease to households at or below fifty percent (50%) of the area median income. (iv) One (1) unit restricted for use by the person or household that is managing the project; and RVPUB\HSHANE\716154.1 Page I of 5 WHEREAS, to assist in the development of the Project on the Property, the Agency desires to provide the Developer a predevelopment grant in an amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000); a purchase loan for the purchase of the Property in an amount not to exceed Eight Hundred Eighty Four Thousand Three Hundred Dollars ($884,300); and a loan in an amount not to exceed Two Million One Hundred Sixty Five Thousand Seven Hundred Dollars ($2,165,700), all to assist the Developer in financing the development of the Project on the Property ("Agency Assistance"); and WHEREAS, in consideration of the Agency Assistance, the occupancy restrictions maintaining the affordability of the Project will be ensured for a fifty-five (55) year term pursuant to a regulatory agreement to be recorded against the Property; and WHEREAS, the Agency and the Developer have negotiated the terms of that certain Santa Fe Street Affordable Housing Disposition and Development Agreement ("Agreement"), which provides for, among other things, the Developer's development of the Project on the Property and the Agency's provision of the Agency Assistance to the Developer; and WHEREAS, a copy of the proposed Agreement is and has been on file at the Agency office, located at 248 East Main Street, San Jacinto, California 92583, and available for public review during normal business hours of the Agency, since June 23, 2006; and WHEREAS, the Agency has determined that implementation of the Agreement: (i) is in the best interests of the City and the Agency and the health, safety and welfare of the City's taxpayers and residents and is in accordance with the public purposes set forth in the Redevelopment Plan and CRL, (ii) strengthens the City's land use and social structure; (iii) alleviates economic and physical blight in the City; and (iv) provides needed affordable housing in the City; and WHEREAS, pursuant to Government Code Section 65402, the Planning Commission of the City must determine prior to the time of conveyance of the Property to the Developer that the location, purpose, extent and development of the Project are in conformance with the City's general plan; and WHEREAS, pursuant to CRL Section 33433 the City Council of the City (acting as the Agency's legislative body) must make certain findings and determinations in connection with the Agency 's sale of the Property, which was acquired with Agency tax increment revenue; and WHEREAS, pursuant to CRL Section 33433, the Agency has caused to be prepared, and the City Council has reviewed and considered, a summary report ("Summary Report") setting forth: (1) the cost of the Agreement to the Agency; (2) the estimated value of the interest to be conveyed; and (3) an explanation of how the acquisition and conveyance of that interest will assist in the elimination of blight within the Project Area and the Agency has made the Summary Report available for public RVPUB\HSHANEl716154.1 inspection in accordance with CRL Section 33433; and WHEREAS, pursuant to CRL Section 33433, on June 23, 2006, and June 29, 2006, the Agency caused notice of the joint public hearing of the City Council and the Agency's Governing Board to be published in a newspaper of general circulation within the Agency's territorial jurisdiction; and WHEREAS, pursuant to provisions of CRL Section 33433, on July 6, 2006, the City Council and the Agency's Governing Board held a duly noticed joint public hearing on the proposed Project and on the proposed Agreement; and WHEREAS, the Project is a "project" subject to the California Environmental Quality Act ("CEQA"); and WHEREAS, a Mitigated Negative Declaration ("MND") was previously prepared for this Project, and was analyzed and adopted on May 13, 2006, all in accordance with the requirements of CEQA; and WHEREAS, pursuant to State CEQA Guidelines Section 15162, the Agency, as the lead agency, has determined that none of the conditions requiring preparation of a subsequent Negative Declaration, MND, or Environmental Impact Report ("EIR") have occurred regarding the Project; and WHEREAS, the Agency has determined that the requirements of Article XXXIV of the California Constitution (which requires an election to be held in the City in the event of the acquisition, construction or development of a low-rent housing project) does not apply to the Project because the Project will not be developed, constructed or acquired by the Agency; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of San Jacinto Redevelopment Agency as follows: Section 1. The Agency's Board of Directors approves the Agreement, in substantially the form presented to the Board of Directors. Section 2. The Executive Director is hereby authorized to execute the Agreement on behalf of the Agency, together with such changes and amendments as may be approved by both the Executive Director and Agency Counsel. The Executive Director is further authorized to take any actions and execute any and all necessary documents to implement the Agreement. Section 3. The Agency Board certifies that it has reviewed and considered the MND adopted for the Project on May 13, 2006 along with the proposed Agreement, and in its independent judgment finds that: RVPUB HSHANE1716154.1 (i) No substantial changes to the Project have been proposed which would require major revisions of the MND due to new significant environmental effects, nor has any change been proposed that would lead to any increase in any previously identified significant effects and no subsequent MND is required. (ii) No substantial changes have occurred with respect to the circumstances related to the Project which would require major revisions of the MND, thus there will be no new significant environmental effects nor any increase in any previously identified significant effects and no subsequent MND is required. (iii) There is no new information of substantial importance regarding the Project which was not previously known or considered prior to adoption of the MND. In light of the above findings and pursuant to State CEQA Guidelines Section 15162, no subsequent Negative Declaration, MND, or EIR is required. Therefore, and in accordance with both CEQA and the State CEQA Guidelines, no further analysis under CEQA is required. Section 4. The Agency Board directs staff to file a Notice of Determination with the Riverside County Clerk's Office within five (5) working days of the adoption of this Resolution. Section 5. This Resolution shall take effect immediately upon its adoption; provided however that the Agreement shall not be entered into on behalf of the Agency until all matters related to Conditional Use Permit 10-03 are resolved to the satisfaction of the Agency Board. APPROVED and ADOPTED, this 6th day of July, 2006 by the following vote: Ayes: Ayres, Buydos, Stubblefield Nays: None Absent: Ritchie, Shaw Abstain; None y fWStubblefiteld. . y Dal Chairman of the Redevelopment Agency of the City of San Jacinto RVPUB\HSHANE\716154.1 Page 4 of 5 TTEST: T�o k"It, &U& orothy Choyl ard, Agency Secr ary i RVPUB\HSHANR716154.1