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HomeMy WebLinkAbout2007-04-24; City Council; 18965; Villa Loma Affordable Housing Credits Purchase1 CITY OF CARLSBAD - AGENDA BILL AB# 18,965 MTG. 4/24/2007 DEPT. HRED REQUEST TO PURCHASE AFFORDABLE HOUSING CREDITS IN THE VILLA LOMA AFFORDABLE HOUSING PROJECT DEPT. HEALVJK^ ^ CITY ATTY. (^ CITY MGR. JEf RECOMMENDED ACTION: ADOPT Resolution 2007-083 APPROVING a request to purchase a total of four (4) Affordable Housing Credits in the Villa Loma affordable housing project in order to satisfy the affordable housing obligation of two (2) different housing development projects within the southeast quadrant under the City's Inclusionary Housing Ordinance. ITEM EXPLANATION: When the Villa Loma Affordable Apartment Project was completed in 1996, it provided 344 units of housing affordable to lower income households. A total of 160 units within the project were set-aside to meet the Inclusionary Housing obligation of the Aviara housing development. The remaining 184 "surplus units" were available as "housing credits" that could be purchased by future housing developers in the southeast and southwest quadrants to satisfy their Inclusionary Housing obligations. At the discretion of the City Council, the credits may be sold at a price set by the Council. The current credit price is $46,000 and there are 27.87 credits available for purchase. This request is to purchase credits from the Villa Loma Project for the following projects: Project/Developer Romeria Pointe Condominiums (BNR Investment and Development) Resort View Townhomes (BNR Investment and Development) Total Location 7437 Romeria Street 7458 Viejo Castilla Way Project ID CT 06-22 CT04-19 Total # of Units 9 15 24 Total # of Credits 2 2 4 The above projects are eligible to purchase credits in the Villa Loma Affordable Apartment Project because they are located in the southeast quadrant of the City, and they represent small developments from an affordable housing perspective. Because of the small size of the projects and the difficulty in obtaining financing, the noted applicants have elected to pursue the purchase of affordable housing credits rather than constructing units on the site of their market rate units. The City Council has adopted Policies 57 & 58 that govern the sale of affordable housing credits. The policies require the examination of the feasibility of an on-site proposal, the advantages and disadvantages of an off-site proposal, and whether the off-site project advances the City's housing goals and strategies. The Affordable Housing Policy Team (staff) has reviewed the above requests and utilized the criteria contained in the policies in making their recommendation to approve the purchase of the credits for the noted projects. FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED tf D D Da CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES nn Da Page 2 of AB#_ FISCAL IMPACT: Affordable Housing Credits from the Villa Loma Project are currently $46,000 per unit. The purchase of a total of four (4) credits for the noted two projects will result in a payment of $92,000 to the City's Housing Trust Fund. If this request to purchase credits is approved, the City will have an unreserved balance of 23.87 units in the Villa Loma Project. EXHIBITS: 1. City Council Resolution No. 2007-083 approving the purchase of four (4) credits in the Villa Loma Project to satisfy Inclusionary Housing obligations for two (2) projects in the southeast quadrant of the City. 2. Affordable Housing Agreements for Romeria Pointe Condominiums (CT 06-22). 3. Affordable Housing Agreement for Resort View Townhomes (CT 04-19). DEPARTMENT CONTACT: Frank Boensch, (760) 434-2818, fboen@ci.carlsbad.ca.us CITY COUNCIL RESOLUTION NO. 2007-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REQUEST BY BNR INVESTMENT AND DEVELOPMENT LLC TO PURCHASE FOUR AFFORDABLE HOUSING CREDITS IN THE VILLA LOMA HOUSING PROJECT IN ORDER TO SATISFY THE AFFORDABLE HOUSING OBLIGATION OF THE ROMERIA POINTE CONDOMINIUMS AND RESORT VIEW TOWNHOMES PROJECTS UNDER THE CITY'S INCLUSIONARY HOUSING ORDINANCE. APPLICANT: BNR INVESTMENT AND DEVELOPMENT LLC CASE NOS: CT 06-22 AND CT 04-19 Q WHEREAS, BNR Investment and Development LLC has received approval of Tentative 10 Maps CT 06-22 and CT 04-19 for the development of a 9 unit and 15 units residential 11 developments; and 12 WHEREAS, BNR Investment and Development LLC has requested approval from the 13 City of Carlsbad City Council for the purchase of four affordable housing credits in the Villa 14 Loma housing project to satisfy the inclusionary housing requirement of Tentative Maps CT 06- 16 22 and CT 04-19; and 17 WHEREAS, the City Council did hold a public meeting to consider said request for the 18 purchase of Affordable Housing Credits by BNR Investment and Development; and 19 WHEREAS, at said public meeting, upon hearing and considering all testimony, if any, of all persons desiring to be heard, said Council considered all factors relating to the application and 21 request to purchase Affordable Housing Credits: 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of 23 Carlsbad, California, as follows: 24 1. That the above recitations are true and correct. 25 ,r 2. The projects are consistent with the goals and objectives of the City of Carlsbad's26 27 Housing Element, the Inclusionary Housing Ordinance, and the Carlsbad General Plan. 28 3 Page 2 3. Based upon the analysis contained within the related City Council Staff Report, the City Council finds that the off-site satisfaction of the inclusionary housing requirement is in 4 the public interest. 5 4. That based on the information provided within the City Council Staff Report and 6 testimony presented during the public meeting of the City Council, the City Council hereby APPROVES a request by BNR Investment and Development LLC to purchase four affordable housing credits in the Villa Loma housing project in order to satisfy the affordable housing obligation of Romeria Pointe Condominiums (CT 06-22) and Resort View 11 Townhomes (CT 04-19) under the City's inclusionary housing ordinance. 12 //// 13 //// 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3 5. That the City Council hereby authorizes the Community Development Director to execute the Affordable Housing Agreements in substantially the form presented to the City Council as Exhibit 2 and Exhibit 3 of the City Council Staff Report and to execute such other documents, or take other actions as may be necessary or appropriate to assist the developer in acquiring the Affordable Housing Credits. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 24tb day of April, 2007 by the following vote, to wit: AYES: Council Members Lewis, Kulcbin, Hall, Packard and Nygaard NOES: None ABSENT:None ABSTAIN: None ATTEST: _c LORRAINErsE(SEAL) J~ Recording Requested by: City of Carlsbad When Recorded Mail to: City of Carlsbad City Clerk's Office Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad. California 92008 (Space above for Recorder's Use) AFFORDABLE HOUSING AGREEMENT THIS AFFORDABLE HOUSING AGREEMENT ("Agreement") is entered into day of d^JL _ , 200_2_, by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as the "City"), and BNR INVESTMENT AND DEVELOPMENT a California limited liability company, (hereinafter referred to as the "Developer"), is made with reference to the following: RECITALS A. Developer is the owner of certain real property in the City of Carlsbad, County of San Diego, State of California, described in "Attachment A", which is attached hereto and incorporated herein by this reference, and which is the subject of a Tentative Map CT 06-22 which provides conditional approval of the construction of nine (9) condominiums ("Project"). B. Chapter 21.85 of the Carlsbad Municipal Code requires that this Affordable Housing Agreement shall be entered into between the City and the Developer as a means of satisfying the Developer's affordable housing obligation ("Affordable Housing Obligation"), as such is defined under Chapter 21.85 of the Carlsbad Municipal Code. Planning Commission Resolution No. 6225 provides that the Affordable Housing Obligation of two (2) units will be satisfied by the purchase of affordable housing credits, as provided for in Chapter 21.85, Section 21.85.080. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1 . That the Recitals Are True And Correct. 2. THAT SATISFACTION OF DEVELOPER'S AFFORDABLE HOUSING REQUIREMENT WILL BE BY THE PURCHASE OF AFFORDABLE HOUSING CREDITS. (a) Performance under this Agreement satisfies the Developer's obligation for affordable housing under Chapter 21.85 of the Carlsbad Municipal Code as applied to the land June 11,2002 covered by Carlsbad Tract No. 06-22_by reason of the approvals of the Tentative Map of CT 06- 22 including Condition No. Eleven (11) listed in Planning Commission Resolution No.6225, and any other applicable approval. (b) The Developer shall purchase two (2) Affordable Housing Credits for an amount established by resolution of the City Council and as required by Condition No. Eleven (11) in Planning Commission Resolution No. 6225. The fee shall be paid prior to the Developer receiving any building permits for the project. 3. REMEDIES Failure by the Developer to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.85 of the Carlsbad Municipal Code and Condition No. Eleven (11) of Planning Commission Resolution No. 6225. Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the lots shown on Carlsbad Tract No. CT 06-22. 4. HOLD HARMLESS Developer will indemnify and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss, all risk of loss and all damage (including attorneys' fees and expenses) sustained or incurred because of or by reason of any and all claims, demands, suits, or actions, obtained, allegedly caused by, arising out of or pertaining in any manner to Developer's actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: City of Carlsbad Housing and Redevelopment Department Attn: Housing & Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 June 11, 2002 7 TO THE DEVELOPER: BNR Investment and Development, LLC 23 800 Via Del Rio Yorba Linda, CA 92887 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 6. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 7. DURATION OF AGREEMENT This Agreement shall terminate and become null and void upon the payment of the Affordable Housing Credits, or the repeal, termination, or modification of any applicable ordinance which act would render the Affordable Housing Obligation unnecessary or unenforceable. 8. SUCCESSORS This Agreement shall benefit and bind the Developer and any successive owners of Affordable Housing Lots. 9. SEVERABIL1TY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. June 11,2002 $ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPER CITY City of Carlsbad, a Municipal corporation By: <*~*- *vx>~" ' By: Ram Setya Sandra L. Holder Managing Member Community Development Director By: Name Title If required by City, proper notarial acknowledgment of execution by Developer must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:. /Assistant City Attorney June 11, 2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT State Of California County Of Orange On appeared " P-1' ° 7 before me, Mayur R. Mody, a notary public, personally I J personally known to me or proved to me on the basis of satisfactory evidence to be the person^ whose name(s) <Js/Jare~ subscribed to the within instrument and acknowledged to me that^^shemrey executed the same in fu^/her/ttaeir authorized capacity (ies), and that by<^/her/fn"eir signature(«)-T>n the instrument the person(s}~ or the entity upon behalf of which the person(s^cted, executed the instrument. Witness my hand and official seal.MAYUR R. MODY I Commission #1411398 I Notary Public • California \ Orange County { My Comm. Expires Apr 15,20071 (Optional) Title/Type of the document: {V|V<ijA[ Document Date: Number of Pages ^ — V ( Signer(s) other than named above Signer's Capacity: BNR INVESTMENT & DEVELOPMENT LLC CERTIFIED RESOLUTION OF THE BOARD OF DIRECTORS I Nilesh Desai do hereby certify that I am the duly elected and qualified Secretary and record keeper of BNR Investment & Development LLC. a corporation organized under State of California, and that following is a true and correct copy of certain resolutions duly adopted at a meeting of the Board of Directors thereof, convened and held in accordance with the law, the Charter, the Articles of Incorporation, and bylaws of the corporation. The meeting took place on the 16th day of September 2005. The resolutions are now in force and are included in the records of the cooperation. It is resolved that Following officers listed below holding office of President, Vice President and Chief Financial Officer are authorized to execute documents related to projects pending with the City of Carlsbad on behalf of BNR Investment & Development, LLC. Ram Setya, President Satinder V. Singh, Vice President Nilesh Desai, Secretary/Chief Financial Officer I also certify that this resolution is still in effect and has not been amended or revoked. Nilesh Desai Secretary BNR Investment & Development, LLC. This certification is dated September 16, 2005 23800 VIA DEL Rio* YORBA LINDA, CA 92887 <» TEL. 714-694-0657 » FAX. 714-692-9125 ,. ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY June 11, 2002 Order No, 03-1325236 EXHIBIT "ONE" Lots 392 and 393 of La Costa South Unit No. 5, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6600, filed in the Office of the County Recorder of San Diego County, March 10, 1970. Assessor's Parcel No: 216-300-12 & 216-300-13 Recording Requested by: City of Carlsbad When Recorded Mail to: City of Carlsbad City Clerk's Office Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad. California 92008 (Space above for Recorder's Use) AFFORDABLE HOUSING AGREEMENT THIS AFFORDABLE HOUSING AGREEMENT ("Agreement") is entered into day of (jiJJ.jiQ _ , 200_2_, by and between the CITY OF CARLSBAD, a municipal corporation '(hereinafter referred to as the "City"), and BNR INVESTMENT AND DEVELOPMENT a California limited liability company, (hereinafter referred to as the "Developer"), is made with reference to the following: RECITALS A. Developer is the owner of certain real property in the City of Carlsbad, County of San Diego, State of California, described in "Attachment A", which is attached hereto and incorporated herein by this reference, and which is the subject of a Tentative Map CT 04-19 which provides conditional approval of the construction of fifteen (15) condominiums ("Project"). B. Chapter 21.85 of the Carlsbad Municipal Code requires that this Affordable Housing Agreement shall be entered into between the City and the Developer as a means of satisfying the Developer's affordable housing obligation ("Affordable Housing Obligation"), as such is defined under Chapter 21.85 of the Carlsbad Municipal Code. Planning Commission Resolution No. 6161 provides that the Affordable Housing Obligation of two (2) units will be satisfied by the purchase of affordable housing credits, as provided for in Chapter 21.85, Section 21 .85.080. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1 . That the Recitals Are True And Correct. 2. THAT SATISFACTION OF DEVELOPER'S AFFORDABLE HOUSING REQUIREMENT WILL BE BY THE PURCHASE OF AFFORDABLE HOUSING CREDITS. June 11, 2002 (a) Performance under this Agreement satisfies the Developer's obligation for affordable housing under Chapter 21.85 of the Carlsbad Municipal Code as applied to the land covered by Carlsbad Tract No. 04-19 by reason of the approvals of the Tentative Map of CT 04- 19, including Condition No. Twelve (12) listed in Planning Commission Resolution No.6161, and any other applicable approval. (b) The Developer shall purchase two (2) Affordable Housing Credits for an amount established by resolution of the City Council and as required by Condition No. Twelve (12) in Planning Commission Resolution No.6161. The fee shall be paid prior to the Developer receiving any building permits for the project. 3. REMEDIES Failure by the Developer to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.85 of the Carlsbad Municipal Code and Condition No. Twelve (12) of Planning Commission Resolution No^ 6161. Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the lots shown on Carlsbad Tract No. CT 04-19. 4. HOLD HARMLESS Developer will indemnify and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss, all risk of loss and all damage (including attorneys' fees and expenses) sustained or incurred because of or by reason of any and all claims, demands, suits, or actions, obtained, allegedly caused by, arising out of or pertaining in any manner to Developer's actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: City of Carlsbad Housing and Redevelopment Department Attn: Housing & Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 June 11,2002 TO THE DEVELOPER: BNR Investment and Development, LLC 23 800 Via Del Rio Yorba Linda, CA 92887 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 6. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 7. DURATION OF AGREEMENT This Agreement shall terminate and become null and void upon the payment of the Affordable Housing Credits, or the repeal, termination, or modification of any applicable ordinance which act would render the Affordable Housing Obligation unnecessary or unenforceable. 8. SUCCESSORS This Agreement shall benefit and bind the Developer and any successive owners of Affordable Housing Lots. 9. SEVERABIL1TY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. June 11, 2002 Ho IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPER CITY City of Carlsbad, a Municipal corporation Ram Setya Sandra L. Holder Managing Member Community Development Director By: Name Title If required by City, proper notarial acknowledgment of execution by Developer must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:_ //Assistant City Attorney June 11, 2002 n CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT State Of California County Of Orange On appeared V • before me, Mayur R. Mody, a notary public, personally personally known to me or proved to me on the basis of satisfactory evidence to be the person(s^T whose name(sj (p/are subscribed to the within instrument and acknowledged to me thatcfiWshWthey executed the same in |d$/her/tfaeir authorized capacity (ies), and that byTus/he*/the1r signature(s)~on the instrument the person(s)— or the entity upon behalf ofwhich the person(£}-ttcted, executed the instrument. Witness my hand and official seal. MAYUR R. MODY Commission # 1411398 Notary PubHc - California Orange County My Comm. Expires Apr 15.2007 (Optional) Title/Type of the document: Document Date:\o(, Number of Pages Signer(s) other than named above ofj Signer's Capacity: BNR INVESTMENT & DEVELOPMENT LLC CERTIFIED RESOLUTION OF THE BOARD OF DIRECTORS I Nilesh Desai do hereby certify that I am the duly elected and qualified Secretary and record keeper of BNR Investment & Development. LLC. a corporation organized under State of California, and that following is a true and correct copy of certain resolutions duly adopted at a meeting of the Board of Directors thereof, convened and held in accordance with the law, the Charter, the Articles of Incorporation, and bylaws of the corporation. The meeting took place on the 16th day of September 2005. The resolutions are now in force and are included in the records of the cooperation. It is resolved that Following officers listed below holding office of President, Vice President and Chief Financial Officer are authorized to execute documents related to projects pending with the City of Carlsbad on behalf of BNR Investment & Development, LLC. Ram Setya, President Satinder V. Singh, Vice President Nilesh Desai, Secretary/Chief Financial Officer I also certify that this resolution is still in effect and has not been amended or revoked. Nilesh Desai /•// /) Secretary fUeJW ^A BNR Investment & Development, LLC. This certification is dated September 16. 2005 23800 VIA DEL Rio* YORBA LINDA, CA 92887 »J» TEL. 714-694-0657 * FAX. 714-692-9125 ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY June 11,2002 21700 Order No. 03-1819224 EXHIBIT "ONE" Lots 35 and 36 of La Costa South Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6117, filed in the Office of the County Recorder of San Diego County, June 3, 1968. Assessor's Parcel No: 216-170-14 & 216-170-15