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HomeMy WebLinkAboutCC RESO 2019-111RESOLUTION NO. 2019 — 111 RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT WITH APV VENTURES, LLC, FOR THE DEVELOPMENT OF 17 UNITS LOCATED AT 1821 EAST 9TH STREET AND RESTRICTING THE RENT AND OCCUPANCY OF ONE (1) UNIT TO A VERY -LOW INCOME HOUSEHOLD IN EXCHANGE FOR A DENSITY BONUS AS MANDATED BY CALIFORNIA GOVERNMENT CODE SECTIONS 65915 — 65918 WHEREAS, APV Ventures, LLC ("Developer") is the owner of that certain real property generally located at 1821 E. Ninth Street ("Property"), in the City of National City, County of San Diego; and WHEREAS, the General Plan and Zoning Ordinance of National City permit no more than fourteen (14) housing units on the Property; and WHEREAS, Developer proposes to develop a total of seventeen (17) housing units on the Property ("Development"); and WHEREAS, pursuant to Government Code section 65915, and Sections 18.48.030, et seq. of the National City Municipal Code, the Developer has proposed to construct and restrict the rent and occupancy of one (1) residential dwelling unit ("Affordable Unit") to a very low-income household in exchange for a density bonus ("Density Bonus") which will allow the construction of the seventeen (17)-unit Development on the Property; and WHEREAS, in addition to the Density Bonus, the Developer is entitled to receive incentives and concessions as set forth in Government Code Section 65915 and the Developer has independently and of its own free will chosen not to receive any such incentives or concessions; and WHEREAS, the Affordable Housing Density Bonus Agreement ("Agreement") will serve to memorialize Developer's obligation to provide the one (1) Affordable Unit including the time frame for the construction and occupancy of the Affordable Unit and the restriction of the Affordable Unit by the recordation of the Agreement assuring affordability for a total of fifty-five (55) years measured from the issuance of final inspection approval for the Development; and WHEREAS, a Performance Deed of Trust will also be recorded for the purpose of securing the timely performance of the Agreement and the performance of each agreement contained in the Performance Deed of Trust. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City approves the Affordable Housing Density Bonus Agreement with APV Ventures, LLC, for the development of 17 units located at 1821 E. 9th Street and restricting the rent and occupancy of one (1) unit to a very -low income household in exchange for a density bonus as mandated by California Government Code Sections 65915 - 65918. After being recorded by the County of San Diego, a copy of said Agreement will be on file in the office of the City Clerk. Resolution No. 2019 — 111 Page Two BE IT FURTHER RESOLVED that City of National City will record a Performance Deed of Trust securing the timely performance of Affordable Housing Density Bonus Agreement. After being recorded by the County of San Diego, a copy of said Deed of Trust will be on file in the office of the City Clerk. PASSED and ADOPTED this 6th of August, 2019. Alejandra Sotelo-Solis, Mayor �.� Michael R. Dalla, City Clerk APPROVED AS TO FORM: Morns -Jones C ."Attorney Passed and adopted by the Council of the City of National City, California, on August 6, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California City Clerk of the City of National City, California By: I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-111 of the City of National City, California, passed and adopted by the Council of said City on August 6, 2019. City Clerk of the City of National City, California By: Deputy