HomeMy WebLinkAbout09_003 CC ResolutionRESOLUTION NO. 09-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AUTHORIZING THE ACCEPTANCE OF
ELEVEN (11) RESIDENTIAL UNITS OF THE TEMECULA
LANE PROJECT; AUTHORIZING THE CITY MANAGER
TO TAKE ALL ACTIONS NECESSARY FOR THE
ACCEPTANCE OF THE UNITS; AND AUTHORIZING THE
CITY MANAGER TO INITIATE THE PROCESS FOR THE
CONVEYANCE OF THE UNITS TO AN AFFORDABLE
HOUSING DEVELOPER
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council of the City of Temecula finds, determines and
declares as follows:
A. On December 17, 2008, the Planning Commission of the City of
Temecula adopted Resolution No. 08-54 modifying Condition 11 to Vesting Tentative
Map No. 31946 Temecula Lane Project (PA04-0490 Vesting Tentative Map) and
Condition 18 to Conditional Use Permit; (PA04-0491 Conditional Use Permit; PA04-
0492 Development Plan) to read as follows:
' "In order to comply with the affordable housing requirements for developing
residential units in the Professional Office Zone, the Owner shall, without economic or
other contribution by the City, convey eleven (11) units of the two bedroom homes in the
four-plex component to the City for rental or sale of the units to "lower income
households" within the meaning of Health and Safety Code Section 50079.5. The
Owner shall convey such units to the City free and clear of all monetary liens and such
other encumbrances that are incompatible with use of the units for housing affordable
for lower income households. The City shall accept such units and may convey such
units to an affordable housing developer so long as such affordable housing developer
makes the units available for sale or rent to lower income households. The units to be
conveyed are designated as units 1, 8, 9, 16, 221, 225, 228, 229, 232, 233, and 236.
The Owner and City shall enter into an agreement with escrow instructions for the
conveyance of said units to the City or its nominee as approved by the City Council.
The Owner and City shall enter into an agreement with escrow instructions for
the conveyance of said units to the City or its nominee as approved by the City Council.
No building permit or Certificate of Occupancy for the remaining 75 units, the balance of
the original 86 affordable units shall be issued by the City unless and until the City and
Developer have entered into an enforceable agreement for the conveyance of said
units."
' B. The City Council is willing to accept the eleven (11) units
designated in Planning Commission Resolution No. 08-54 described in Section 1.A. of
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this Resolution in order to effectuate the affordable housing goals of the General Plan
' and the requirements of Chapter 17.08.030.
Section 2. The City Council hereby authorizes the City Manager, on behalf of
the City, to accept the eleven (11) units designated in Planning Commission Resolution
No. 08-54 (the "Units") upon the City Manager's determination that the Units are free
and clear of all monetary liens and such other encumbrances that are incompatible with
use of the Units for housing affordable for lower income households and pursuant to
such purchase and sale agreement as may be entered into between the City and the
owner of the Units pursuant to this Resolution. The City Manager is further authorized,
to take all actions necessary and appropriate to carry out and implement the
conveyance of the Units to the City, accept such units on behalf of the City and
administer the City's obligations, responsibilities and duties to be performed in
connection with said conveyance, including without limitation, approving and entering
into a purchase and sale agreement for the Units, escrow instructions, termination of the
prior regulatory agreement, and such other implementing agreements and documents
as necessary and appropriate for the conveyance of the Units to the City.
Section 3. The City Council hereby authorizes and directs the City Manager to
initiate a process for the selection of a qualified affordable housing developer and to
negotiate a purchase and sale agreement with the affordable housing developer
selected providing for the conveyance of the Units for housing affordable to persons of
lower or very low income households as defined in the Health and Safety Code
' Sections 50079.5 and 50105. The City Council shall approve said purchase and sale
agreement.
Section 4. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 13th day of January, 2009.
Maryann Edwards, Mayor
ATTEST:
[SEAL]
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STATE OF CALIFORNIA )
' COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 09-03 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 13`h day of January, 2009, by the
following vote:
AYES: 4 COUNCIL MEMBERS: Comerchero, Naggar, Roberts, Edwards
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Washington
ABSTAIN: 0 COUNCIL MEMBERS: None
usan ~/V. Jones, MMC
/ City Clerk
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