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HomeMy WebLinkAbout2026-06-09; City Council; Resolution 2026-107Exhibit 1 RESOLUTION NO. 2026-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS NECESSARY TO COMPLETE THE SALE AND PROPERTY TRANSFER OF 945 CHESTNUT AVENUE TO THE CHESTNUT APARTMENTS, LP, THROUGH A CARRYBACK LOAN FOR THE APPRAISED VALUE WHEREAS, on Dec. 24, 2014, the City of Carlsbad executed a loan of $2,646,000 from the city’s Housing Trust Fund to Solutions Chestnut, LLC, a subsidiary of Solutions for Change, Inc. (collectively Solutions for Change), to acquire Chestnut Apartments, a 16-unit apartment complex at 945 Chestnut Avenue, to provide affordable housing for homeless families; and WHEREAS, Solutions for Change could not fulfill the obligations identified in the 2014 loan documents recorded against the Property and decided to turn the property over to the City of Carlsbad in lieu of loan repayment; and WHEREAS, on May 21, 2024, the City Council adopted Resolution No. 2024-111, authorizing the City Manager to execute all documents necessary to complete the city’s acquisition of the property; and WHEREAS, on May 21, 2024, the City Council adopted Resolution No. 2024-113, declaring the property to be exempt surplus land pursuant to California Government Code Section 54221(f)(1)(A) as property planned to be purchased and transferred pursuant to California Government Code Section 37364; and WHEREAS, on Sept. 23, 2025, the City Council adopted Resolution No. 2025-219, authorizing Kingdom BP LLC, a subsidiary of Kingdom Development, Inc. to manage and operate the Chestnut Apartments at 945 Chestnut Avenue; and WHEREAS, on Sept. 23, 2025, the City Council adopted Resolution No. 2025-220, authorizing a forgivable loan not to exceed $500,000 in Community Development Block Grant funds to Kingdom BP LLC, as operator of the Chestnut Apartments, to make immediate repairs at the Chestnut Apartments affordable housing project; and WHEREAS, the city wishes to sell the Chestnut Apartments, located at 945 Chestnut Avenue, Carlsbad, CA, 92008, to a subsidiary of Kingdom Development, Inc. at the appraised value of the property. The city desires to lend the proceeds necessary to acquire the property from the City of Carlsbad. The loan will be secured by a deed of trust recorded on the property; and June 9, 2026 Item #7 Page 7 of 11 Docusign Envelope ID: 073D1F9B-28EC-87DA-82FE-99593BE7285D WHEREAS, the use of the property will be restricted by a regulatory agreement recorded against the property for a period of 55 years to uses that exceed the minimum affordability requirements pursuant to California Government Code Section 37364; and WHEREAS, Kingdom Development, Inc. has created a limited partnership, The Chestnut Apartments, LP, that will be the legal entity to borrow the funding and acquire and operate the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.The proposed action is categorically exempt from environmental review under California Environmental Quality Act, or CEQA, Guidelines Section 15301 because it involves the leasing, operation, maintenance and minor alteration of existing facilities with negligible or no expansion of the existing or former use. No exceptions to the categorical exemption as set forth in CEQA Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070(C) apply. 3.That the City Manager, or designee, is authorized to execute and record all required documents, to the satisfaction of the City Attorney, necessary to complete the sale and property transfer of 945 Chestnut Avenue for the current appraised value to The Chestnut Apartments, LP, a limited partnership created and managed by Kingdom Development, Inc. 4.That the City Manager, or designee, is authorized to execute and record all required loan documents, to the satisfaction of the City Attorney, necessary to complete a carryback loan in the amount of the current appraised value to The Chestnut Apartments, LP for the acquisition of 945 Chestnut Avenue. June 9, 2026 Item #7 Page 8 of 11 Docusign Envelope ID: 073D1F9B-28EC-87DA-82FE-99593BE7285D PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of June, 2026, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. NAYS: None. ABSTAIN: None. ABSENT: None. ______________________________________ KEITH BLACKBURN, Mayor ______________________________________ SHERRY FREISINGER, City Clerk (SEAL) June 9, 2026 Item #7 Page 9 of 11 Docusign Envelope ID: 073D1F9B-28EC-87DA-82FE-99593BE7285D