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HomeMy WebLinkAboutReport Final Placement Housing Plan for Sagecrest ApartmentsPALM DESERT REDEVELOPMENT AGENCY REQUEST: SUBMITTED BY: DATE: CONTENTS: Recommendation STAFF REPORT on RECEIVE AND FILE THE FINAL REPLACEMENT HOUSING PLAN FOR SAGECREST APARTMENTS Jessica Gonzales, Management Analyst - Housing (� January 27, 2011 Final Sagecrest Apartments Replacement Housing Plan By Minute Motion, that the Agency Board receive and file the Housing Plan for the Sagecrest Apartments. Background Final Replacement v z 0 Pursuant to Health and Safety Code Section 33413, the Agency adopted, substantially as to form, Resolution No. 575 approving a Replacement Housing Plan ("RHP") for Sagecrest Apartments. The RHP adopted 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. At the time the RHP was prepared, two of the fourteen units at Sagecrest were occupied by households of low and moderate income. The tenants occupying these two units vacated the units on May 7, 2010 and June 3, 2010 and the incomes were reevaluated at that time. After the RHP was adopted, staff received the final income eligibility from the households. Based on the final household income eligibility, it was necessary to amend one of the unit income category replacements from low to moderate. Staff therefore recommends that the Agency Board receive and file the Final RHP for Sagecrest as presented herein to comply with the requirements of Health and Safety Code Section 33413. Fiscal Analvsis There is no further fiscal impact anticipated at this time with the exception of the previously approved consultant costs for the development of the Plans. Submitted b Department Head: es is Gonzales, M nag ent Analyst — Housing 4anet oore, Director of Housing` Approval: \A2to- l J in cCarthy, ACM Re velopment J M. Wohlmuth, Executive Director Garda SfNG\RENTAUSagecrest Apts\Staff Report Replacement Plan\Sakecrest Replacement Housing Plan -Staff ReDort.doc m t a FINAL Replacement Housing Plan for the Property Located at 73-775 Santa Rosa Way in the City of Palm Desert Prepared for: City of Palm Desert Redevelopment Agency 73510 Fred Waring Drive Palm Desert, CA 92260-2524 Repared by: PMC.4' 1590 D Rvv AvE, Su iTE 120 Dw,s CA 95618 J%NUARY 2011 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 Replacement Units.....................................6 Li ST O F TABLES Table 1: Replacement Housing Requirements by Bedroom Size & Income Level ...........................2 Table 2: Housing Eligibility by Annual Income Level...............................................................................3 Table 3: Affordable Housing Projects/Banked Units & Bedrooms........................................................4 S%waest Apartments City of Palm Desert Re#acement Housing Flan ..nary 2011 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 the Agency as a result of the planned removal of the 14 units described above and in'order to satisfy the requirements for replacement housing contemplated under the Community Redevelopment Law. The Agency intends to make this Replacement Housing Plan available for review and comment. This Plan describes the following, per Community Redevelopment Law ("CRL"): • The general location of the replacement housing (see Section D below); • An adequate means of financing the replacement housing (see Section E below); • A finding that the replacement housing is in compliance with Article XXXIV of the California Constitution (see Section G below); • The number of replacement housing units planned for construction and rehabilitation (see Section D below); and • The timetable for meeting the replacement housing objectives (see Section F below). The Agency's goal in preparing this Replacement Housing Plan is to demonstrate that providing replacement housing in accordance with the requirements of federal law and the CRL is feasible. Section 33413(a) of the Community Redevelopment Law (Health and Safety Code Section 33000, et sea.) requires that whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low and moderate income housing market as part of a redevelopment project, which is subject to a written agreement with a redevelopment agency or where financial assistance has been provided, the agency shall within four years of the destruction or removal, rehabilitate, develop, construct, or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of low or moderate income, an equal number of replacement dwelling units that have an equal or greater number of bedrooms as those destroyed or removed units at affordable housing costs within the territorial jurisdiction of the agency. When dwelling units are removed after January 1, 2002, 100% of the replacement dwelling units shall be available at affordable 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 Sagecrest Apartments City of Palm Desert Replacement Housing Plan .bnuary 2011 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. U N I TS TO BE REPLACED Two of the fourteen units to be removed have been identified as affordable, low to moderate - income households. These units were occupied by low and moderate income tenants at the time of property acquisition and vacated on May 7, 2010 and June 3, 2010. Further, at the time of property acquisition, two units were vacant and determined to be not habitable. Ten units were vacated following property acquisition and were not re -rented, as they were also determined to be not habitable. Two of the 14 dwelling units to be removed have been determined to be affordable units and, per the Community Redevelopment Law, both units shall be replaced with dwelling units having an equal or greater number of bedrooms. Both units to be replaced are two -bedroom units. As a result, the replacement units must consist of at least four bedrooms. Based on the income levels of the persons displaced from the units, one of the replacement units must be available at affordable housing cost to a very -low income household and one of the replacement units must be available at affordable housing cost to a moderate income household. The units are anticipated to be removed in the year 2010. Therefore, all replacement units must be available by 2014, within 4 years after removal of the units. Table 1 defines the replacement housing obligation by income level. The numbers under each household income category indicate the total units to be replaced and the numbers in parenthesis indicate the total number of bedrooms destroyed for each income level. TABLE 1: PIWLACEM ENT HOUSING Ftmi mENTSBy BEDROOM SIZE& INCOME LEVEL Unit Size Two Bedroom Sagecrest Apartments ReWacement HousfngPfan Very -low I ncome Low I ncome Moderate I name 1 0 1 (2) (0) (2) Totals (4) City of Palm Desert .hnuary 2011 AN N UAL INCOME RJESrFICTIO NS 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: HOUSNG EUGIBILITYBYANNUAL INCOME LEvEL Income Category 11 Person 12 Person 3 Person 4 Person 5 Person 6 Person 7 Person 18 Person Extremely Low (30% of Median) 14,000 16,000 18,000 20,000 21,600 23,200 24,800 I 26,400 e (50%Very of median) 23,300 26,650 I 29,950 33,300 35,950 38,650 41,300 I 43,950 Lower 37,300 I 42,650 I 47,950 53,300 57,550 I 61,850 66,100 I 70,350 Median 45,150 51,600 I 58,050 64,500 69,650 I 74,800 80,000 I 85,150 Moderate I 54,200 I 61,900 I 69,650 77,400 I 83,600 I 89,800 96,000 1102,150 Area Median Income: $64,500 SOURCE HCD, April 2009. LOCATION OF RffLAcEmENT HOUSING The Agency has several options available to provide replacement housing, including acquisition, rehabilitation, new construction, and the allocation of "banked" dwelling units from prior development activity. The Agency has previously funded or caused to be developed, affordable housing projects that provide surplus dwelling units and bedrooms that can be allocated by the Agency for future housing obligations. The Agency has a number of "banked" dwelling units/bedrooms to satisfy the replacement housing obligation. Such units together with the approved units that have not yet been constructed, (identified in Table 3 and Addendum 1) constitute a sufficient number of replacement units. As described in Table 3, the following affordable housing units/bedrooms have been developed, or are planned to be developed by 2010, within the Agency's jurisdiction. All such units are/will be available at an affordable housing cost to low or moderate income households and subject to a restrictive covenant ensuring such affordability for not less than 55 years for rental units and 45 years for owner occupied units. Addendum 1, at the end of the Plan, outlines the locations or proposed locations of these affordable units. Sagecrest Apartments City of Palm Desert Rleptacement Housng Ran .hnuary2011 3 TABLE 3: AFFORDABLEHou9NG PRoiErTSIBANKED UNITS& BIDRooMS Very Low Moderate Unit Size Income Low I ncome Income Net Banked (Existing) Units/ No. of Bedrooms 3/9 0/0 10/20 Projects U nits/Bedrooms to be provided 010 0/0 23l32 (Approved but not yet constructed) Required Replacement Units/ No. of Bedrooms 1/1 0/0 1/2 FINANCING THE RsPLAcEm ENT HOUSING The Agency is authorized to finance its activities with moneys from various sources, including the City of Palm Desert, State of California, United States Government, property tax increment funds, interest income; Agency bonds, or other available sources. The existing units to be used for replacement units, have been acquired, constructed or rehabilitated with various funding sources including tax increment funds; below market rate financing through the sale of tax exempt mortgage revenue bonds; redevelopment twenty percent set -aside funds; and developer funds. Funding for the development of affordable housing units identified in the preceding section as 'approved but not yet constructed' may utilize a variety of sources including: State or Federal grants and loans, tax increment funds; below market rate financing through the sale of tax exempt mortgage revenue bonds; redevelopment twenty percent set -aside funds; and developer funds. Specific funding for future replacement housing units may be through the use of any combination of the above described methods and sources. As replacement units, the Agency may count units developed by private developers pursuant to the City's Density Bonus program provided that units are subject to a restrictive affordable housing covenant enforceable by the Agency. (VON APPUCABILITYOFARTICLE)OMVOFTHECAUFORNIACONsnTUTION It is hereby found and determined that the replacement housing identified in this replacement housing plan does not require approval of the voters of the City of Palm Desert pursuant to Article XXXIV of the California Constitution. A portion of the housing identified in this replacement housing plan is not subject to the voter approval requirements of Article XXXIV because such housing is or will be privately owned, not exempt from real property taxes by reason of public ownership, and not financed with direct long term financing from a public body. In addition, the Agency will not "develop, construct, or acquire" housing as described in Section 1 of Article XXXIV of the California Constitution because in 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. Sagecrest Apartments City of Palm Desert RRlep/acernent Housing Fran „hnuary 2011 Ti M E TABLE FO R REPLAam EN T H O US N G 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 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 will be removed; four bedrooms in two affordable dwelling units will be replaced. Based on the 100% replacement criteria by income level, the Agency through a variety of replacement housing options will replace the four bedrooms affordable to low to moderate income households by using previously developed housing units as well as units that have been approved but not yet constructed. The result of the above actions will yield the required number of replacement dwelling units as mandated under Community Redevelopment Law. The Agency recognizes its legal and community responsibilities in this matter and will make a sincere, good -faith effort to accomplish these goals. The Agency retains its option to use other approaches and strategies not discussed herein to fulfill its replacement housing obligations in a timely manner. Sagea'est Apartments R o/acermnt HousingPfan 5 City of Palm Desert .hnuary 2011 ADDENDUM 1 -EXPECTED L.o CATI O N O F I N CO M E-REsT I CTED REPLAam ENT 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 Location: Completion: Very Low Income: Lee Corel and Sandra Corel Completed 73-735 Santa Rosa Way And Sores Regis 35-751 Gateway Drive Completed It is the adopted policy of the Agency to promote the assimilation of affordable housing throughout the City to the maximum extent possible in order to avoid concentrations of lower - income housing in certain neighborhoods. SaWaest Apartments itplacement Housing Plan M. City of Fbim Desert .,nary 2011