HomeMy WebLinkAboutRes 2024-073RESOLUTION NO. 2024-073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING (1) AFFORDABILITY
RESTRICTIONS AND REGULATORY AGREEMENT (DENSITY BONUS)
WITH BRAVO GARDEN APARTMENTS, LLC REGARDING A MULTI-
FAMILY RESIDENTIAL DEVELOPMENT WITH 388 TOTAL
APARTMENTS, WITH 20% RESTRICTED TO VERY LOW INCOME AND
LOW INCOME HOUSEHOLDS; AND, (2) A DEVELOPMENT FEE
AGREEMENT FOR THE USE OF HOUSING MITIGATION FEES IN AN
AMOUNT NOT TO EXCEED $180,000 AS REIMBURSEMENT TO
DEVELOPER IN EXCHANGE FOR RESTRICTING 5 UNITS TO
QUALIFYING HOUSEHOLDS WITH LOCAL EMPLOYEES.
WHEREAS, BRAVO GARDEN APARTMENTS LLC, a California limited liability
ey Lane within the City
of Palm, Desert, Califor -unit,
multi-
approved by the City Council pursuant to Resolution No. 2018-18, on or about April 26,
2018. Owner is the successor in interest to the Property and the Project from the original
applicant, New Cities Investment Partners, LLC, a California limited liability company; and
WHEREAS, Owner is requesting approval of an agreement for a density bonus
and related concessions pursuant to the California Density Bonus Law (Government
-18, Section 7 and Condition
of Approval 4, pursuant to which twenty percent (20%) of the total units in the Project will
be restricted for occupancy to very low income households at an affordable rent; and
WHEREAS, Owner has agreed to the terms of an Affordability Restrictions and
Regulatory Agreement (De
been submitted to the City Council for review and consideration, and which is intended to
comply with the approval from Resolution No. 2018-18, and will be recorded against the
Property in compliance with the California Density Bonus Law and City ordinance; and
WHEREAS, the Density Bonus Agreement provides for, among other things, that
the Project may be developed with 388 units, which exceeds the base density provided
for under the City zoning provisions, and Owner shall receive two concessions: (i)
reimbursement of up to $180,000 in development impact fees in exchange for restricting
five (5) units for very low income households with a member who works within the City,
and (ii) a reduction in parking standards; and
WHEREAS, PDMC § 25.34.040(G) provides that the City council is the approving
body for the Density Bonus Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Resolution No. 2024-073 Page 2
Desert, California, as follows:
SECTION 1. The City Council of the City of Palm Desert hereby makes the
following findings:
A. The foregoing recitals are approved and incorporated herein by reference.
B. The Density Bonus Agreement is authorized by and shall comply with the
prior approvals for the Project adopted by the City Council though
Resolution NO. 2018-18.
C. The Density Bonus Agreement is authorized by and shall comply with
California Density Bonus Law and PDMC § 25.24.040.
D. The Density Bonus Agreement contains the following material terms: (1) not
less than seventy eight (78) units, shall be restricted for occupancy by very
shall be leased to qualifying households at an affordable rent, as
determined in accordance with the California Density Bonus Law, (3) a
concession that provides the City will pay up to $180,000 in reimbursement
for impact fees attributable to five (5) of the Affordable Units restricted for
occupancy by households with members who work within the City, to be
pa
Fees, (4) a concession that provides for a reduction in parking standards to
allow 1.77 spaces per unit, and (5) all other terms and conditions set forth
in the Density Bonus Agreement submitted to the City Council in conjunction
with the approval of this resolution.
E.
Strategic Plan by facilitating development of high-quality housing for people
of all income levels, dive
households, and provides housing opportunities for local employees.
F.
opportunities to low income households.
G. The use of Low Income Housing Mitigation Fees is consistent with
Resolution No. 90-130 because reimbursement of impact fees on the
Project serves the purpose of increasing, producing, improving and
preserving affordable housing for very low income households with persons
who work within the City.
SECTION 2. This Density Bonus Agreement is being approved in compliance with
the State Density Bonus Law (California Government Code Section 65915 et seq.) and
PDMC § 25.34.040. The Agreement concerns rental rate restrictions and impact fee
reimbursements and so, pursuant to Public Resources Code § 21166 of the California
and CEQA
Resolution No. 2024-073 Page 3
as it will not cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment, and, as such, no environmental
review is required. City staff is directed to file a notice of exemption.
SECTION 3. The City Council of the City of Palm Desert, hereby approves the
Density Bonus Agreement, subject to all conditions and requirements of the approvals of
Resolution No. 2018-18.
SECTION 4. Certification. The City Clerk shall certify to the passage and adoption
of this resolution and enter it into the book of original Resolutions.
ADOPTED ON SEPTEMBER 26, 2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2024-073 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Desert on September 26, 2024,
by the following vote:
AYES: KELLY, NESTANDE, TRUBEE, AND QUINTANILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: HARNIK
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ___________________.
ANTHONY J. MEJIA
CITY CLERK