HomeMy WebLinkAbout98-09 RDA ResolutionRESOLUTION NO. RDA 98-09
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "DISPOSITION AND DEVELOPMENT AGREE-
MENT" AND THAT CERTAIN GROUND LEASE BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA AND TEMECULA GARDENS, L.P., DATED AS
OF MAY 26, 1998 FOR THE REDEVELOPMENT OF
CERTAIN PROPERTY WITHIN REDEVELOPMENT
PROJECT NO. 1--1988
THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Board of Directors of the Redevelopment Agency of the City of Temecul a
hereby finds, determines and declares that:
a. The Redevelopment Agency of the City of Temecula ("Agency") is a
community redevelopment agency duly organized and existing under the Community
Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has
been authorized to transact business and exercise the powers of a redevelopment agency
pursuant to action of the City Council of the City of Temecula.
b. On June 12, 1988, the Board of Supervisors of the County of Riverside
adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for
Riverside County Redevelopment Project No. 1-1988" (hereafter the "Plan") in accordance
with the provisions of the CRL. On December 1, 1989, the City of Temecula was
incorporated. The boundaries of the Project Area described in the Plan are entirely within
the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City
of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the
Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan
from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of
Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction
over the Plan as of July 1, 1991.
c. The project proposed by Temecula Gardens, L. P. ("Developer") pertains
to property located at 28485, 28497, 28534, 28535, 28545, 28555, 28559, and 28565
Pujol Street in the City of Temecula ("Site"), which is within the Project Area.
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d. The Project to be developed on the Site pursuant to the Disposition and
Development Agreement ("Agreement") will consist of the rehabilitation of 38 existing
rental units and the construction of 38 new rental units. All units on the Site will be
available at rents affordable to persons and families of low or moderate income.
e. Pursuant to the provisions of Health & Safety Code Sections 33430, 33431
and 33433, the Agency duly noticed and held a joint public hearing before the Board of
Directors of the Redevelopment Agency of the City of Temecula and the City Council of
the City of Temecula concerning the approval of the proposed Disposition and
Development Agreement and Ground Lease with Developer.
f. Pursuant to the requirements of Health & Safety Code Section 33433, a
comprehensive report summarizing and analyzing the proposed Disposition and
Development Agreement and the Ground Lease. The report specifically contains the
information required by Section 33433 and has been prepared within the time limit set
forth therein and made available for public review from the date of the first pub lication of
the notice of public hearing.
g. The lease of the Site as proposed by the Disposition and Development
Agreement and the Ground Lease is at less than fair market rental value based on the
Agency's real estate analysis. Therefore, the Agency Board specifically finds in
accordance with the authority of Health & Safety Code Section 33433 that: (1) the lease
price is not less than the fair reuse value of the Site; and (2) said difference is necessary
to effectuate the provisions of the Plan and to allow development and housing opportunities
to come to the City and Project Area and increase employment opportunities within the
City and the Project Area.
h. The development of the Site as required by the Agreement will assist in the
elimination of blight in the Project Area as identified in the proceedings establishing the
Project Area in that development of Project on the Site will: (1) Establish development
standards and the rehabilitation and improvement of obsolete, deteriorating, and
inappropriate buildings and housing stock; (2) consolidate irregular parcels into a site
appropriate for development; (3) encourage and provide for development of vacant
properties in accordance with the Plan and the Old Town Specific Plan; and (4) preserve,
improve, and expand housing opportunities for low and moderate income residents.
i. The Agreement is consistent with the Redevelopment Plan and the
Implementation Plan adopted by the Agency for the Project Area adopted by the Agency.
j. The redevelopment of the Site as provided in the Agreement and Ground
Lease is consistent with the City's General Plan and the Old Town Specific Plan.
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k. The Agency is specifically authorized by Health & Safety Code Sections
33430, 33431 and 33433, and other applicable law, to enter into the Disposition and
Development Agreement and Ground Lease.
1. The Agency Board has duly considered all terms and conditions of the
proposed Agreement and believes that such agreement is in the best interests of the Agency
and City and the health, safety, and welfare of its residents, and in accord with the public
purposes and provisions of applicable State and local law requirements.
m. This Agreement pertains to and affects the ability of all parties to finance
and carry out their statutory purposes and to accomplish the goals of the Plan and is
intended to be a contract within the meaning of Government Code Section 53511.
Section 2. The Board of Directors of the Redevelopment Agency of the City of Temecul a
hereby further finds, determines and declares that:
a. Section 33334.2, et seq. of the CRL authorizes and directs the Agency to
expend a certain percentage of all taxes which are allocated to the Agency pursuant to the
CRL Section 33670 for the purposes of increasing, improving and preserving the
community's supply of housing available at affordable housing costs to persons and
families of low to moderate income, including lower income and very low income
households.
b. Pursuant to the CRL, the Agency has established a Low and Moderate
Income Housing Fund (the "Housing Fund").
c. Pursuant to the CRL Section 33334.2(e), in carrying out its affordable
housing activities, the Agency is authorized to provide subsidies to or for the benefit of
very low and lower income households, or persons and families of low or moderate
income to the extent those households cannot obtain housing at affordable costs on the
open market.
d. Pursuant to the CRL Section 33413(b), the Agency is required to ensure at
least fifteen percent (15%) of all new and substantially rehabilitated dwelling units
developed within the Project Area by private of public entities or persons other than the
Agency shall be available at affordable housing cost to persons and families of low or
moderate income, and such inclusionary units may be provided outside the boundaries of
the Project Area in conformity with the requirements of CRL Section 33413(b)(2)(A)(ii).
e. Developer proposes, with the assistance of the Agency, to develop the
Project and upon completion to make available for the longest feasible period of time all
of the housing units in the Project at affordable rents to low to moderate income
households.
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f. Pursuant to Sections 33132, 33133, and 33600 of the CRL, the Agency may
accept financial or other assistance from any public or private source, for the Agency's
activities, powers, and duties, and expend any funds so received for any of the purposes
of the CRL.
g. The expenditures from the Housing Fund as contemplated by the Agreement
approved by this Resolution will directly and specifically increase, improve, and preserve
the community's supply of low and moderate income housing within the meaning of Health
and Safety Code Section 33334.2 and will be of benefit to the Project Area by providing
new housing which restricted so as to be affordable for occupancy by very low income,
lower income and median income households.
h. The California Legislature declares in Health and Safety Code Section
37000, et seq., that new forms of cooperation with the private sector, such as leased
housing, disposition of real property acquired through redevelopment, development
approvals, and other forms of housing assistance may involve close participation with the
private sector in meeting housing needs, without amounting to development, construction
or acquisition of low rent housing projects as contemplated under Article XXXIV of the
State Constitution and that the Agreement approved hereby is not subject to the provisions
of said Article XXXIV.
Section 3. The Board of Directors of the Redevelopment Agency of the City of Temecul a
hereby further finds, determines and declares that:
a. An Initial Study of Environmental Impact and a Negative Declaration has
been prepared for the Disposition and Development Agreement by and between the
Agency and Developer and circulated in accordance with the provisions of the California
Environmental Quality Act and the State CEQA Guidelines. The Initial Study and
Negative Declaration of Environmental Impact is on file in the Office of the Secretary of
the Agency.
b. Prior to approving the Project, the Board of Directors of the Agency and
the City Council considered the Initial Study of Environmental Impact and the Negative
Declaration, together with any comments received during the public review process.
c. The Agency Board specifically finds and determines that on the basis of the
Initial Study of Environmental Impact and any comments received in the public review
process, there is no substantial evidence before the Council and the Agency that the
Project will have a significant effect on the environment. As a result of the Initial Study
and any comments received during the public review process, the Project will not result
in any adverse effect, either individually or cumulatively, on wildlife (as defined by Sec-
tion 711.2 of the Fish and Game Code) or on wildlife habitats and resources.
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Section 4. Based upon the findings set forth above, the Board of Directors of the
Redevelopment Agency of City of Temecula hereby certifies and approves the Negative
Declaration of Environmental Impact for the Project and directs the Executive Director to file a
Notice of Determination with the County Clerk of the County of Riverside forthwith.
Section 5. While the Agency determines that participation in the feasibility analysis,
financing, and development of the Project does not constitute development, construction or
acquisition of a low-rent housing project within the meaning of Article XXXIV of the State
Constitution, this Resolution is hereby deemed to constitute approval within the meaning of Health
and Safety Code Section 37001.5 of a proposal which may result in housing assistance benefiting
persons of low income.
Section 6. The Board of Directors of the Redevelopment Agency of the City of Temecul a
hereby approves that certain agreement entitled "Disposition and Development Agreement"
between the Redevelopment Agency of the City of Temecula, a public body corporate and politic,
and Temecula Gardens, L.P. dated as of May 26, 1998, and that certain "Ground Lease" between
the Redevelopment Agency of the City of Temecula, a public body corporate and politic, and
Temecula Gardens, L.P. dated as of May 26, 1998, with such changes in each document as may
be mutually agreed upon by the Developer and the Agency Executive Director as are minor and
in substantial conformance with the form of such Agreement and Ground Lease as are on file in
the Office of the Agency Secretary. The Chairperson of the Agency is hereby authorized to
execute the Agreement, including related exhibits and attachments, and the Ground Lease on
behalf of the Agency. A copy of the final Agreement and Ground Lease when executed by the
Agency Chairperson shall be placed on file in the Office of the Secretary of the Agency.
Section 7. The Executive Director of the Agency (or his designee), is hereby
authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and
implement the Agreement and Ground Lease and to administer the Agency's obligations, respon-
sibilities and duties to be performed under the Agreement, Ground Lease and related documents,
including but not limited to, escrow instructions, certificates of acceptance, and implementing
agreements.
Section 8. The Secretary of the Agency shall certify the adoption of this Resolution.
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PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula
Redevelopment Agency this 26th day of May, 1998.
demans, Chairperson
ATTEST:
· Jones, CIVIC ]
Acting Agency Sect'el~/City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA)
I, Susan W. Jones, Acting Secretary of the Temecula Redevelopment Agency, do hereby
certify that the foregoing Resolution No. RDA 98-09 was duty and regularly adopted by the Board
of Directors of the Temecula Redevelopment Agency at a regular meeting thereof held on the 26th
day of May, 1998, by the following vote:
AYES:
4 AGENCY MEMBERS: Comerchero, Ford, Lindemans, Roberts
NOES:
0 AGENCY MEMBERS: None
ABSTAIN: 1
AGENCY MEMBERS: Stone
~ Susan ~ Jonep, CMC
Acting Agency Secretly Clerk
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