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HomeMy WebLinkAboutCDC/2005-06 NOTE: SEE COMPANION RESOLUTION NO. 2005-53 RESOLUTION NO. CDC/2005-6 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE DISPOSITION OF THE AGENCY LOT TO MEADOWBROOK PARK HOMES, INC., PURSUANT TO THE APPROVED 2005 MEADOWBROOK SINGLE FAMIL Y RESIDENTIAL DISPOSITION AND DEVELOPMENT AGREEMENT (IVDA REDEVELOPMENT PROJECT AREA) 3 4 5 6 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") 7 is a public body corporate and politic; and 8 WHEREAS, the Agency owns real property at 188 North Allen Street (APN: 0135-291- 9 17); and 10 WHEREAS, the parcel of land identified above is referred to as "Agency Lot"; and WHEREAS, the Agency acquired the Agency Lot using low- and moderate-income 11 12 housing tax increment set-aside funds in the amount of $148,000 and estimated demolition cost 13 of $1 0,000 for a total expenditure of $158,000; and 14 WHEREAS, the Agency proposes to transfer the Agency Lot to Meadowbrook Park 15 Homes, Inc., a California corporation (the "Developer") in accordance with the terms and 16 conditions of the approved agreement entitled "2005 Meadowbrook Single Family Residential Development Agreement (Meadowbrook Restoration Area)", dated as of January 10, 2005 (the 17 18 "2005 Agreement"); and 19 WHEREAS, the Developer shall develop and improve Agency Lot as may hereafter be transferred by the Agency to the Developer pursuant to the 2005 Agreement with a New Home, 20 using the design and improvement standards which are consistent with City Development 21 Permit III No. 03-34, as previously approved by the Planning Commission on November 18, 22 2003 under the 2003 Agreement; and 23 24 WHEREAS, the Developer shall pay the Agency the sum of $30,000 for the Agency Lot. The payment by the Developer for Agency Lot shall be evidenced by a promissory note 25 secured by a subordinate construction loan deed of trust on the Agency Lot. The promissory -1- P \Agendils\Resolutiol1s\Resoluliolls\::!OOS\05-02-22 Agency Lot-IS8 N Allen St. CDC Reso.doc CDC/200S-6 note is payable by the Developer at the time of sale of the Agency Lot to a "Qualified 2 Homebuyer" as defined in the 2005 Agreement; and WHEREAS, the Agency have prepared and published a notice of joint public hearing i The San Bernardino County Sun Newspaper on February 7 and 14, 2005, regarding 3 4 5 consideration and approval of the Disposition and Development of Agency Lot; and 6 WHEREAS, pursuant to Health and Safety Code Section 33433, the Agency may transfe 7 Agency Lot to the Developer subject to the Mayor and Common Council and the Communit 8 Development Commission adopting a Resolution authorizing the Agency to transfer suc 9 property in light of the findings set forth herein, and the Agency has prepared a Summary Repo 10 that describes the salient points of the disposition of Agency Lot to the Developer and identifie the cost of the transaction to the Agency. II 12 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 13 14 Section 1. The Recitals of this Resolution are true and correct. 15 Section 2. On February 22, 2005, the Community Development Commissio 16 conducted a full and fair joint public hearing with the Mayor and Common Council, an 17 considered the written Agency staff report relating to the Disposition and Development 0 18 Agency Lot, the Summary Report and the testimony submitted relating to the disposition an redevelopment of Agency Lot by the Developer pursuant to the terms and conditions of th 19 20 approved 2005 Agreement. The minutes of the City Clerk for the February 22, 2005, joint publi 21 hearing of the Community Development Commission and the Common Council shall include 22 record of all communication and testimony submitted to the Community Developmen 23 Commission and the Common Council at the joint public hearing by interested persons relatin 24 to the Summary Report and the Disposition and Development of Agency Lot. 25 Section 3. This Resolution is adopted in order to satisfy the provisions of Health an Safety Code Section 33433 as those provisions relate to the disposition of Agency Lot by th -2- P:\Agendas\Resolutions\Resolutions\200S\05-02-22 Agency Lot-lg8 N, Allen St CDC Reso.doc CDC/200S-6 Agency to the Developer on the terms and conditions set forth in the approved 2005 Agreement. 2 The Community Development Commission hereby finds and determines as follows: 3 (i) The Summary Report contains the information described in Health and Safet 4 Code Section 33433(a)(2)(B); 5 (ii) The disposition and redevelopment of Agency Lot by the Developer is i 6 accordance with the approved 2005 Agreement and is consistent with th 7 affordable single family housing supply preservation and expansion programs 0 8 the Agency Housing Implementation Plan; (iii) The disposition of Agency Lot to the Developer on the terms set forth in th approved 2005 Agreement shall assist in the elimination of conditions of blight 0 9 10 II Agency Lot and in the Meadowbrook Neighborhood Restoration Area; Section 4. The Community Development Commission hereby find and 12 that the environmental review of the approval of the Disposition and Development of Agenc 13 Lot contemplated thereunder is a "categorically exempt project" for the reasons indicated in th 14 Agency Staff Report. No potentially adverse environmental effects are anticipated to b 15 associated with the redevelopment of the Project, and accordingly based upon its ow 16 independent review of the information provided to the Community Development Commissio 17 regarding the Project, the Community Development Commission approved the 2005 Agreemen 18 on January 10, 2005 and a Notice of Exemption under CEQA relating to the Project was filed 0 19 January 14,2005. 20 Section 5. The Community Development Commission hereby receive and approv 21 the Summary Report pursuant to the approved 2005 Agreement in the form as submitted at thi 22 joint public hearing. 23 Section 6. The Community Development Commission hereby approves th 24 disposition of Agency Lot by the Agency to the Developer on the terms set forth in the approve 25 2005 Agreement and hereby authorizes the Executive Director to execute the Notice 0 Availability for transfer of Agency Lot on behalf of the Agency. -3- P\Agendas\Resoluliolls\Resolutions\2005\05-02-22 Agency Lot-188 N Allen St CDC Reso,doc CDC/200S-6 Section 7. 2 III 3 III 4 III 5 III 6 III 7 III 8 III III 9 III 10 III 11 III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III This Resolution shall take effect upon its adoption and execution. -4- P\Agendas\Rcsolutiuns\Resolutions\:?:OOS\OS-02-22 Agency Lot-188 N Allen 5t CDC Reso.doc CDC/2005-6 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE DISPOSITION OF THE AGENCY LOT TO MEADOWBROOK PARK HOMES, INC., PURSUANT TO THE APPROVED 2005 MEADOWBROOK SINGLE FAMILY RESIDENTIAL DISPOSITION AND DEVELOPMENT AGREEMENT (IVDA REDEVELOPMENT PROJECT AREA) 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 6 Development Commission of the City of San Bernardino at a j oint meeting thereof, held regular on the 22nd day of Febq.mry ,2005, by the following vote to wit: 7 8 Commission Members: Ayes Nays Abstain Absent ESTRADA X LONGVILLE X MCGINNIS X DERRY X KELLEY X JOHNSON X MC CAMMACK X 9 10 II 12 13 14 15 16 ~u.d 11. ~ Secretary c"'7 ~t..t1Ut The foregoing resolution is hereby approved thisJ'I# day of ,2005. 17 18 19 20 Va es, Chairperson o unity Development Commission 21 of t e City of San Bernardino 22 Approved as to form and Legal Content: 23 24 By: 25 -5- P\Agendas\Resollltions\Resolutions\2005\05-02-22 Agency Lot-188 N Allen St. CDe Reso.doc CDC/2005-6 SUMMARY REPORT PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW - REGARDING THE DEVELOPMENT AND DISPOSITION OF AGENCY OWNED PROPERTY AT 188 NORTH ALLEN STREET PURSUANT TO THE TERMS OF THE APPROVED 2005 MEADOWBROOK SINGLE-FAMILY RESIDENTIAL DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND MEADOWBROOK PARK HOMES, INC., IN THE MEADOWBROOK NEIGHBORHOOD INTRODUCTION This Summary Report (the "Report") has been prepared by the Redevelopment Agency of the City of San Bernardino (the "Agency") in accordance with Health and Safety Code Section 33433. This Report sets forth certain details of the approved 2005 Meadowbrook Single-Family Residential Disposition and Development Agreement (the "2005 Agreement") dated January 10, 2005, by and between Meadowbrook Park Homes, Inc., a California corporation (the "Developer") and the Agency. The 2005 Agreement provides for the disposition of certain Agency-owned lands to the Developer for redevelopment as new single-family dwellings. The new housing development project, which may be undertaken by the Developer, is referred to in the 2005 Agreement as the "Project". In other written reports and materials relating to the Project, the new housing development activities of the Developer are also referred to as the "Phase IA Project". Per the 2005 Agreement, eight properties and other future Agency owned properties would be transferred to the Developer for development into single-family homes. This report is prepared for the transfer of the 188 North Allen Street (APN: 0135-291-17) property (the "Property"). The Property detail is as follows: Agency Lot Address APN Number Approximate Size of A2ency Lot 188 North Allen Street 0135-291-17 6,750 sq. ft A. SALIENT POINTS OF THE APPROVED 2005 AGREEMENT · The purpose of the approved 2005 Agreement is to facilitate the development of single-family homes ("New Homes") in the Meadowbrook Neighborhood. Each such New Home will have three to four bedrooms and an attached 2-car garage containing approximately between 1,500-1,850 square feet of interior living area. All necessary infrastructure improvements such as electricity, sewers, gutter, landscaping will be provided by the Developer. The exterior elevations of the New Homes will vary but in general, all elevations and floor plans will be similar to the other new homes being constructed nearby by ANR Industries, Inc. under Phase I. These New Homes are being constructed in accordance with City DP III, No. 03-04. · The Agency's expenditure for the Property is estimated as follows: Agency Developer Estimated Estimated Estimated Acquisition Acquisition Relocation Moving Demolition Property Address APN# Cost Cost Cost Expenses Cost 188 North Allen Street 0135-291-17 $148,000 $30,000 $0 $0 $10,000 Sub Totals $148,000* $30,000 $0 $0 $10,000* Total $158,000* P:\Agendas\Agenda Attachments\Summary Reports\2005\OS-02-22 Meadowbrook-I 88 N Allen 51. Summary Report,doc ',' . Under state law, the Agency is authorized to transfer property to a third party developer for redevelopment of new homes to be specially reserved for occupancy by low- and moderate-income households ("Qualified Homebuyers") and to provide affordable housing opportunities consistent with the provisions of the Redevelopment Plan for Inland Valley Redevelopment Project Area (IVDA). B. COST OF THE TRANSFER OF PROPERTY PURSUANT TO THE APPROVED 2005 AGREEMENT TO THE AGENCY This Section outlines the total costs of transferring the Property to the Developer, including, but not limited to land acquisition and clearance costs. As stated above, the Agency has expended $158,000 for Property acquisition and estimated demolition of the structure on 188 North Allen Street (Agency Lot). The Agency will transfer the Agency Lot to the Developer for the construction of a single family home in order to provide affordable housing opportunities to moderate-income households. The Developer will pay $30,000 for the Agency Lot. The payment by the Developer for the Agency Lot shall be evidenced by a promissory note secured by a subordinate deed of trust to a construction loan on the Agency Lot. The promissory note is payable by the Developer at the time the Developer sells the Agency Lot to a "Qualified Homebuyer". No interest accrues on the promissory note during the first eighteen (18) months for the Agency Lot; after that date, the rate of interest is 6% per annum until paid. C. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED BY THE AGENCY DETERMINED AT THE HIGHEST AND BEST USES PERMITTED UNDER THE REDEVELOPMENT PLAN; AND ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED BASED ON THE REOUIRED REUSE AND WITH THE CONDITIONS, COVENANTS AND RESTRICTIONS REQUIRED The estimated value of Agency Lot is $30,000. The value was established through affordability analysis of cost supported by comparable sales in the area. The sale of the Agency Lot is necessary to facilitate the implementation of the Redevelopment Plan for the Inland Valley Redevelopment Project Area (IVDA), which obligates the Agency to insure that affordable housing opportunities are made available to all project area residents. In conclusion, the interest to be conveyed to Developer has been determined to be the highest and best use permitted under the IVDA Redevelopment Plan and holds true for the reuse value, considering that Agency Lot is subject to conditions, covenants and restrictions placed by the Agency per the approved 2005 Agreement. The interest and land conveyed to the Developer will be developed in conformance with the City's General Plan and Housing Element, Municipal Development Code, and Agency's AB 1290 Implementation Plan. 2 P\Agendas\Agenda Attachments\SUllllllary Reports\200S\05-02-22 Meadowbrook-I SS N Allen S1. Summary Report.doc