Loading...
HomeMy WebLinkAboutRes 575 - Rplcmnt Housing Pln for Sagecrest AptsPALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: ADOPT RESOLUTION NO. 575 APPROVING THE REPLACEMENT HOUSING PLAN FOR SAGECREST APARTMENTS SUBMITTED BY: Martin Alvarez, Redevelopment Manager Jessica Gonzales, Management Analyst DATE: June 24, 2010 CONTENTS: Resolution No. 575 Sagecrest Apartments Replacement Housing Plan Recommendation By Minute Motion that the Agency Board waive further reading and adopt Resolution No. 575 , approving the Replacement Housing Plan for the Sagecrest Apartments, substantially as to form. Executive Summary The Redevelopment Agency is required by law to adopt a Replacement Housing Plan whenever the Agency takes action that would lead to the destruction or removal of dwelling units from the low and moderate income housing market. As part of the Sagecrest Apartment project, the Agency will remove 14 apartment units, of which 2 units were available to low and moderate income households. According to Community Redevelopment Law, such removal requires that the Agency "replace" those units within four years. The Replacement Housing Plan has been created to identify designated replacement units that are and/or will be available to replace these 2 units within the required time period. Backaround In February of 2010, the Agency approved a Relocation and Replacement Housing Plans ("Plans") for Sagecrest Apartments. Only 2 of the 14 units were occupied at the time the Relocation Plan was approved. All of the tenants occupying these units were relocated. The Agency proposes to remove the existing 14 apartment units that make up the Sagecrest Apartments. Pursuant to Health and Safety Code Section 33413, the Agency is required to adopt a Replacement Housing Plan ("RHP") whenever the Agency takes action that would lead to the destruction or removal of dwelling units from the low and moderate income housing market in order to ensure that the removed housing will be replaced. The law further states that such replacement housing will be created within four years. The Agency has prepared a RHP based on the redevelopment and removal of the Sagecrest Apartments located at 73-775 Santa Rosa Way, Palm Desert (also known as 44-200 San Staff Report Adopt Resolution No. 575 Approving the RHP for Sagecrest June 24, 2010 Page 2 of 2 Pasqual Avenue, Palm Desert). Two of the fourteen units at Sagecrest were available to low and moderate income households at the time of acquisition and must be replaced within the four year time limit. The tenants occupying these 2 units vacated the units on May 7, 2010, and June 3, 2010. Further, at the time of property acquisition, 2 units were vacant and determined to need substantial modifications. When the remaining occupied units were vacated, they were not re - rented because they would need substantial modifications including accessibility and drainage that could not be accomplished with the exiting structural conditions. The RHP describes and details the housing units (existing and/or approved) that will be used to `replace' the housing units removed. The RHP includes (1) the general location of housing to be rehabilitated, developed, or constructed; (2) an adequate means of financing such rehabilitation, development, or construction, (3) a finding that the replacement housing does not require the approval of the voters pursuant to Article XXXIV of the California Constitution, or that such approval has been obtained, (4) the number of dwelling units housing persons and families of low or moderate income planned for construction or rehabilitation, and (5) the timetable for meeting the Plan's relocation, rehabilitation, and replacement housing objectives. The Housing Commission has reviewed the Plan as an information item at its regular meeting of June 9, 2010. In addition, the Plan has been available for review by the public since June 10, 2010. Staff therefore recommends that the Agency Board approve the RHP as presented to comply with the requirements of Health and Safety Code Section 33413. Fiscal Analvsis No further fiscal impact is anticipated at this time with the exception of the previously approved consultant costs for the development of the Plans. Submitted by: (--�0..n-0 J V ica donzal s, anagement Analyst Dora m t Head: �)1 �_ S'Ae- — Janet Modre, Director of Housing Approval: cCarthy, ACM ;artin Alvarez, Redevelopment Manager I BY RDA�- ON VERIFIED BY I-J Original on file with City Clerk's Office n M. Wohlmuth, Executive Director staff report Replacement Housing Plan (Sagecrest) - 061010.DOC RESOLUTION NO. 575 A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY APPROVING THE REPLACEMENT HOUSING PLAN FOR SAGECREST APARTMENTS NOW, THEREFORE, THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Palm Desert Redevelopment Agency ("Agency") is required to adopt a Replacement Housing Plan that details the measures the Agency will take to replace affordable housing units within four years of removal of said units ("four-year period"). Section 2. As part of the Sagecrest Apartments project ("project"), the Agency has proposes to remove 14 apartment units, of which 2 were available to very low, low, and moderate income households. Section 3. The Agency hereby adopts the Replacement Housing Plan (the "Plan") attached hereto and incorporated herein by this reference, which details the measures the Agency will take to replace all affordable housing units removed in connection with the project, including a description of the number of affordable housing units that were already available in the Agency's inventory of such units, when the 2 units were removed in connection with the project. Section 4. The Plan describes the affordable housing units, existing and/or approved for construction, that will be available within the four-year period to replace all affordable housing units removed as part of the project. Section 5. The Executive Director of the Agency shall have the authority to implement and administer the Plan in accordance with its terms so long as such action is not inconsistent with the Plan's intent. PASSED, APPROVED AND ADOPTED by the Palm Desert Redevelopment Agency, this _ day of _ 2010 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Rachelle D. Klassen, Secretary Cindy Finerty, Chairman GArda\HOUSING\RENTAL\Sagecrest Apts\REPLACEMENT PLAN\Reso Replacement Housing Plan - Sagecrest.doc REPLACEMENT HOUSING PLAN FOR THE PROPERTY LOCATED 73-775 SANTA R THE CITY OFF ALM WAY IN ESERT Prepared for: CITY OF PALM DESERT REDEVELOPMENT AGENCY 73510 FRED WARING DRIVE PALM DESERT, CA 92260-2524 Prepared by: Ipmc" 1590 DREW AVE, SUITE 120 DAVIS, CA 95618 JUNE 2010 G:\rda\HOUSING\RENTAL\Sagecrest Apts\REPLACEMENT PLAN\Palm Desert Sagecrest Replacement Housing Plan- FINAL (AB).doc TABLE OF CONTENTS Introduction........................................................................................................................................................ 1 Unitsto Be Replaced........................................................................................................................................2 AnnualIncome Restrictions.............................................................................................................................3 Location Of Replacement Housing...............................................................................................................3 Financing the Replacement Housing...........................................................................................................4 Non -Applicability of Article XXXIV of the California Constitution............................................................4 Time Table for Replacement Housing...................................................................................................4 Summary................................................................................................................................................... 5 Addendum 1 - Expected Location of Income -Restricted Rep[ e its.....................................6 LIST OF TABLES Tc Tc Tc City of Palm Desert June 2010 eLe ....................... 2 .............. ............... 3 ........................................ 4 Sagecrest Apartments Replacement Housing Plan INTRODUCTION This Replacement Housing Plan ("Replacement Housing Plan") is being prepared on behalf of the Palm Desert Redevelopment Agency ("Agency") in conjunction with the demolition of fourteen multi -family unit property and redevelopment of the property currently known as the Sagecrest Apartments (the "Project"). The Project is located at 73-775 Santa Rosa Way (also known as 44200 San Pascual Avenue) in Palm Desert, California. Attachment 1 shows the location of the Project. The Agency owns the property. This Replacement Housing Plan (the "Plan") has been prepared by planned removal of the 14 units described above and in order replacement housing contemplated under the Community R intends to make this Replacement Housing Plan available for This Plan describes the following, per Community Red • The general location of the replacement • An adequate means of financing the replacement • A finding that the replacement ho Constitution (see Section G below); • The number of replacement Section D below); and • The timetable for m The Agency's goal in replacement housing feasible. Section 334 requires,jiloWenev or wh destru is in compliance agency as a result of the isfy the requirements for ment Law. The Agency of the California and rehabilitation (see g objectives (see Section F below). Plan is to demonstrate that providing ents of federal law and the CRL is mmun devef v (Health and Safety Code Section 33000, et se . (ling ousing persons and families of low or moderate income are the and moderate income housing market as part of a -nt project, whi s subje a written agreement with a redevelopment agency ancial assistanc as bee provided, the agency shall within four years of the or removal, re ilitate, develop, construct, or cause to be rehabilitated, develope , onstructed, f ntal or sale to persons and families of low or moderate income, an equal numbe placeme elling units that have an equal or greater number of bedrooms as those destroyed mov its at affordable housing costs within the territorial jurisdiction of the agency. When dw are removed after January 1, 2002, 1007o of the replacement dwelling units shall be available ordable housing cost to persons in the same or a lower income category, as the persons displaced from those destroyed or removed units. Section 33413.5 of the Community Redevelopment Law requires an agency to adopt a replacement housing plan whenever the agency executes an agreement for acquisition of real property, or an agreement for the disposition and development of property or an owner participation agreement which would lead to the destruction or removal of dwelling units from the low and moderate income housing market. The plan shall identify the impacts that a particular redevelopment project will have on the community's supply of low and moderate income housing M removed City of Palm Desert Sagecrest Apartments June 2010 Replacement Housing Plan and detail the measures that the agency will take to ensure that the appropriate replacement housing is produced within the four year time limit. Replacement Units must have an equal or greater number of bedrooms as the removed units. The replacement units must be within the agency's jurisdiction and in standard condition, and must be affordable to low and moderate income households, for the longest feasible time, as determined by the agency, but for not less than 45 years for ownership units and 55 years for rental units. UNITS TO BE REPLACED Two of the fourteen units to be removed have been identified a rdable, low to moderate - income households. These units were occupied by low and to income tenants at the time of property acquisition and vacated on May 7, 2010 a n 010. Further, at the time of property acquisition, two units were vacant and dete d to b t habitable. Ten units were vacated following property acquisition and V not re -rent s they were also determined to be not habitable. Two of the 14 ng units to be r ved have been determined to be affordable units and, per the Co it Redev ment L oth units shall be replaced with dwelling units having an equal or gre num bedrooms. units to be replaced are two -bedroom units. As a result, the repla its must consist t least four bedrooms. Based on the income levels of the persons ed from the units, both of the replacement units must be available at aff able housing cost ry-low income households. The units are anticipated to be removed in 10. Therefo II replacement units must be available by 2014, within 4 years after re val o Table 1 defines the replacernaai housing obli i income I. The numbers under each household income categ kkthe total u be replaced and the numbers in parenthesis indicate the total numb edroo estroved ach income level. Unit Size Sagecrest Apartments Replacement Housing Plan Very -Low Income N* TABLE IREMENTS Low Income 0 (0) SIZE & INCOME LEVEL Moderate Income 0 (0) Totals 2 (4) City of Palm Desert June 2010 2 ANNUAL INCOME RESTRICTIONS California Health and Safety Code Sections 50079.5 and 50105 provide that the moderate, low and very -low income limits established by the U. S. Department of Housing and Urban Development ("HUD") are the state limits for those income categories. Sections 50079.5 and 50105 direct the Department of Housing and Community Development ("HCD") to publish the income limits. The following figures, shown in Table 2, are approved for use in the County of Riverside to define and determine housing eligibility by income level: TABLE 2: HOUSING ELIGIBILITY BY ANNUAL INCO EL Income Category 1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person Extremely Low 14,000 16,000 18,000 V21,60 23,200 00 26,400 (30% of Median)Very Low 23,300 26,650 29,950 33,338,650 41,3 43,950 (50% of median) Area Median Income: $64,500 SOURCE: HCD, April 2009. LOCATION OF REPLA T HOUSI The Agency has several . ns ble to provid placement housing, including acquisition, rehabilitation, new constr e allocat of "banked" dwelling units from prior developme The Ag nded or caused to be developed, affordable housing a . e sur dwelling unl s and bedrooms that can be allocated by the Agen r future ho obli s. The Agency has a number of "banked" dwelling unit rooms to satisfy repla nt housing obligation. Such units together with the appr units that have n et bee constructed, (identified in Table 3 and Addendum 1) constitu sufficient number replacement units. As described ble 3, the f ing affordable housing units/bedrooms have been developed, or are planned to develo by 2010, within the Agency's jurisdiction. All such units are/will be available at an a using cost to low or moderate income households and subject to a restrictive covenant g such affordability for not less than 55 years for rental units and 45 years for owner occupied its. Addendum 1, at the end of the Plan, outlines the locations or proposed locations of these affordable units. City of Palm Desert Sagecrest Apartments June 2010 Replacement Housing Plan 3 TABLE 3: AFFORDABLE HOUSING PROJECTS/BANKED UNITS & BEDROOMS Very Low Unit Size Income Low Income Net Banked (Existing) Units / No. of Bedrooms 3/9 0/0 Projects Units/Bedrooms to be provided 0/0 (Approved but not yet constructed) Atff 0/0 Required Replacement Units/ No. of Bedrooms 2/4 0/0 FINANCING THE REPLACEMENT HOUSING The Agency is authorized to finance its activities with City of Palm Desert, State of California, United States interest income; Agency bonds, or other available so The existing units to be used for rer rehabilitated with various funding soul financing through the sale of tax exempt set -aside funds; and developer funds. I identified in the preceding section as '( sources including: State or grai financing through the sal P set -aside funds; and d er funds. through the use of an bination o units, the Agency may units I Bonus program provide t a enforceable b aencv. NON BILITY OF Moderate Income 10/20 23/32 0/0 ncluding the knent funds, sits, have'91111liken acquired, constructed or tax incre funds; below market rate baue bonds; r twenty percent ment%elopment affordable housing units Pax e cted' may utilize a variety of incre t funds; below market rate venue bonds; redevelopment twenty percent for future replacement housing units may be ibed methods and sources. As replacement kdevelopers pursuant to the City's Density restrictive affordable housing covenant It is y found and dete ed th e replacement housing identified in this replacement housing does not requir pproval of the voters of the City of Palm Desert pursuant to Article XX f the California nstitution. A portion of the housing identified in this replacement housing plan t subject to voter approval requirements of Article XXXIV because such housing is or will be priv owned, exempt from real property taxes by reason of public ownership, and not financed with t I erm financing from a public body. In addition, the Agency will not "develop, construct, uire" housing as described in Section 1 of Article XXXIV of the California Constitution because providing assistance to developers, the Agency will only monitor construction or rehabilitation of the project and compliance with conditions of the assistance to the extent of carrying out routine governmental functions, performing conventional activities of a lender, and imposing constitutionally mandated or statutorily authorized conditions. TIME TABLE FOR REPLACEMENT HOUSING The Agency has provided a considerable degree of continuing support in the construction and/or rehabilitation of replacement housing units sufficient to address the replacement Sagecrest Apartments City of Palm Desert Replacement Housing Plan June 2010 4 requirements of affordable housing discussed in this Plan. It is the intent of the Agency to use "banked" previously developed housing units as well as housing units that have been approved but not yet constructed to fulfill its replacement housing requirement. The Agency acknowledges that replacement housing units must be affordable in the same, or lower income categories than those being removed from the low and moderate income housing market and will ensure that this result is realized. Further, any units developed as replacement housing units will be completed within four years and will remain income -restricted for the appropriate period as required by law. SUMMARY In summary, a total of 28 bedrooms in 14 dwelling units affordable dwelling units will be replaced. 'A Based on the 100% replacement criteria by incoNbc replacement housing options will replace the four income households by using previously developed happroved but not yet constructed. The result of the a of replacement dwelling units as mandatel6Lnder Community The Agency recognizes its legal and commul good -faith effort to accomplish these goals. TI- strategies not discussed herein to fulfill its repla City of Palm Desert June 2010 bedrooms in two variety of moderate well as units thWhave been will yield the required number elopment Law. r and will make a sincere, e other approaches and in a timely manner. Sagecrest Apartments Replacement Housing Plan ADDENDUM 1 - EXPECTED LOCATION OF INCOME -RESTRICTED REPLACEMENT UNITS The following are the actual and expected locations of income -restricted units which will be used to meet the Agency's replacement obligation of two units with not less than four bedrooms. Bedrooms & Income: Replacement Scheduled L.ocaliom Completio Very Low Income: Lee Carel and Sandra Carel Co It is thrc incc Sagecrest Apartments Replacement Housing Plan 73-735 Santa Rosa Way 4v Ilk of affordable housing ;oncentrations of lower - City of Palm Desert June 2010 1511 NOTICE OF PROPOSED ADOPTION OF REPLACEMENT HOUSING PLAN AND AVAILABILITY OF REVIEW OF PLAN NOTICE IS HEREBY GIVEN that the Palm Desert Redevelopment Agency will consider the adoption of a Replacement Housing Plan ("Replacement Plan") for the proposed development of new housing units on the real property identified as 73-775 Santa Rosa Way, Palm Desert, California ("Project") at its meeting of June 24, 2010. The time, date and place of the meeting is as follows: TIME: 4:00 p.m. DATE: June 24, 2010 PLACE: Palm Desert City Hall Chambers 73-510 Fred Waring Drive Palm Desert, California 92260 At this meeting, the Agency will consider the adoption of the Replacement Plan in connection with the redevelopment and removal of the Sagecrest Apartments located at 73-775 Santa Rosa Way, Palm Desert (also known as 44-200 San Pasqual Avenue, Palm Desert). Any of the units that are required to be replaced must be replaced within the four-year time limit pursuant to California Health and Safety Code Section 33413. The Plan includes (1) the general location of housing to be rehabilitated, developed, or constructed; (2) an adequate means of financing such rehabilitation, development, or construction, (3) a finding that the replacement housing does not require the approval of the voters pursuant to Article XXXIV of the California Constitution, or that such approval has been obtained, (4) the number of dwelling units housing persons and families of low or moderate income planned for construction or rehabilitation, and (5) the timetable for meeting the Plan's relocation, rehabilitation, and replacement housing objectives. A copy of the above -referenced Replacement Plan is available for public review and copying at the office of the City Clerk of the City of Palm Desert located at the above address. Any person wishing to be heard regarding the proposed adoption of the Replacement Plan may appear at the June 24, 2010 meeting or may send written comments to the undersigned at the address shown above. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a Palm Desert Redevelopment Agency meeting or other services offered by this City of Palm Desert, please contact the City Clerk's Office at (760) 346-0611. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Signed this day, the 9th day of June, 2010 i RACHE`aE D. KLASSEN, SECRETA . ,�% PALM DESERT REDEVELOPMENT AGENCY Martinez, Gloria From: Moeller, Charlene [CMOELLER@palmspri.gannett.com] Sent: Wednesday, June 09, 2010 9:08 AM To: Martinez, Gloria Subject: RE: Legal Notice - Rplcmnt Housing Pin & Availability of Rvw of Pin (Sagecrest) Ad received and will publish on date(s) requested. Charlene Moeller Public Notice Customer Service Rep. The Desert Sun Newspaper 750 N. Gene Autry Trail, Palm Springs, CA 92262 (760) 778-4578, Fax (760) 778-4731 Desert Sun lepalsO-thedesertsun.com & Desert Post Weekly dowleaalsCcDthedesertsun.com The Coachella Valley's #1 Source in News & Advertising! Visit us at mydesert.com NOTE: Starting on March 29th, there will be a $10 affidavit processing fee added to the cost of each Public Notice From: gmartinez@cityofpalmdesert.org [mailto:gmartinez@cityofpalmdesert.org] Sent: Wednesday, June 09, 2010 9:04 AM To: tds-legals Cc: mloredo@cityofpalmdesert.org; pleon@cityofpalmdesert.org; jgonzales@cityofpalmdesert.org Subject: Legal Notice - Rplcmnt Housing Pin & Availability of Rvw of Pin (Sagecrest) PLEASE PUBLISH THE FOLLOWING: LEGAL NOTICE Notice of Proposed Adoption of Replacement Housing Plan for the Proposed Development of New Housing Units on the Real Property Identified as 73-775 Santa Rosa Way, Palm Desert, California at its Regular Meeting of June 24, 2010. TWICE IN THE DESERT SUN Friday, June 11, 2010 Thursday, June 17, 2010 If you have any questions or require additional information, please give me a call. Thank you, CharleneM Records Technician G City of Palm Desert 73-510 Fred Waring Drive