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HomeMy WebLinkAboutReso 2010-153RESOLUTION NO. 2010-153 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MODIFICATION OF A PREVIOUSLY GRANTED DENSITY BONUS (KINGSWOOD MANOR) FROM FOR-RENT UNITS TO FOR-SALE UNITS AND APPROVING A FIRST AMENDMENT TO A HOUSING COOPERATION AGREEMENT FOR KINGSWOOD MANOR REFLECTING THE MODIFICATION FROM FOR-RENT UNITS TO FOR-SALE UNITS WHEREAS, on May 9, 2000, by City Council Resolution No. 2009-149, Hamilton Plaza LTD, a California Limited Partnership (Property Owner) received atwenty-five percent (25%) density bonus and modifications of certain development standazds pursuant to California Government Code Section 65915 and the City of Chula Vista Housing Element; and WHEREAS, the approval of the density bonus was to facilitate the construction of 10 affordable for-sale units to an existing 40 unit multi-family residential development, for a total of 50 units; and WHEREAS, City Council Resolution No. 2009-149, including its findings and determinations, is hereby incorporated by reference into this resolution; and WHEREAS, the Property Owner determined that a conversion to condominiums was more appropriate for the site and was issued a final Parcel Map for all 50 units; and WHEREAS, the project was presented and approved by the Design Review Board on May 4, 2009, and the proceedings, evidence, and minutes from that heazing is hereby incorporated into the record of this resolution; and WHEREAS, section 65195.5 (a) of the Califomia Government Code requires the City to grant a minimum 25 percent (25%) increase over the otherwise maximum residential density. Unless a lesser percentage is elected by the developer, and at least one additional concession or incentive to a developer of housing agreeing or proposing to construct at least 33 percent (33%) of the total units for low and moderate income persons and families. Or 15 percent (15%) of the total units for low-income households; and WHEREAS, the Developer has elected to satisfy the affordable housing requirement by providing 33 percent (33%) of the total units for low and moderate-income persons and families which results in 17 restricted units, 3 restricted for sale to low-income households (80% of Area Median Income) and 14 restricted for sale to moderate-income households (120% of Area Median Income); and Resolution No. 2010-153 Page 2 WHEREAS, the pricing for the three-bedroom units will be based upon seventy percent (70%) of Area Median Income for the low-income households and one hundred ten percent (110%) of Area Median Income for the moderate-income households, thereby further increasing the affordability; and WHEREAS, the City must grant at least one additional incentive or concession as defined in Section 65195(d) or make a written finding that the additional incentive or concession is not required to provide the affordable housing; and WHEREAS, on May 9, 2000, the City Council approved the additional incentive to allow sixteen percent (16%) of the required pazking be configured as compact pazking spaces; and WHEREAS, an equity sharing agreement is required by State Law for a period of not less than 30 yeazs from the date of the first sale; and WHEREAS, the First Amendment to Housing Cooperation Agreement between the City and the Property Owner specifies the affordability and sales restrictions in compliance with the requirements of State Law and modifies the requirements to those specific to a condominium conversion; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project involving a density bonus transfer from a rental to a for-sale development and the conversion of 40 multi-family units to condominiums for compliance with the California Environmental Quality Act (CEQA) and has determined that the action qualifies for a Class 32 categorical exemption pursuant to Section 15332 (In-Fill Development Projects) of the State CEQA Guidelines because the proposed project meets the conditions set forth in this section. Thus, no further environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that: 1. The modification of the previously approved density bonus, as stated in Resolution No. 2000-149, to permit for-sale units rather than for-rent units is approved under the terms set forth in the First Amendment to Housing Cooperation Agreement, as approved below. 2. The First Amendment to Housing Cooperation Agreement between the City of Chula Vista and Property Owner related to the modification of density bonus for the condominium conversion at 54-94 Kingswood Drive (Kingswood Manor) is approved. Presented by ~~ /(, Gary albei , P.E., AICP Deputy Cit Manager/Director of Development Services Approved as to form by /~ B C. Miesfe ity Attorne Resolution No. 2010-] 53 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of June 2010 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: ~ ~ ~~ Donna R. Norns, CMC, Crty Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA C ' Cheryl Cox, ayor I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2010-153 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 15th day of June 2010. Executed this 15th day of June 2010. Donna R. Norris, CMC, City Clerk