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HomeMy WebLinkAboutRedevelopment Agency - 329 RESOLUTION NO. 32.9 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING AN OWNER PARTICIPATION AND AFFORDABLE HOUSING AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND FOUNTAINS HUNTINGTON BEACH, LLC WHEREAS, California Health and Safety Code Section 33334.2 and the Redevelopment Plan for the Huntington Beach Redevelopment Project ("Project Area") authorize and direct the Redevelopment Agency of the City of Huntington Beach("Agency") to expend not less than twenty percent (20%) of all taxes which are allocated to the Agency pursuant to California Health and Safety Code Section 33670 (all section references herein are to the Health and Safety Code unless otherwise specified) for the purpose of increasing, improving and preserving the community's supply of low and moderate income housing available at affordable housing cost to persons and families of low and moderate income, lower income, and very low income; and Pursuant to applicable law, the Agency has established a Low and Moderate Income Housing Fund ("'Housing Fund"); and Pursuant to Section 33334.2(e), in carrying out its affordable housing activities, the Agency is authorized to provide subsidies to or for the benefit of very low income and lower income households, or persons and families of low and moderate income to the extent those households cannot obtain housing at affordable costs on the open market; and Pursuant to Section 33334.2(g), City Council Resolution No. 6026 dated June 26, 1989, and Agency Resolution No. 174 dated June 26, 1989, the Agency is authorized to make expenditures from the Housing Fund outside redevelopment project areas if such use will be of benefit to one or more of the project areas; and The Agency is required pursuant to Section 33413 to rehabilitate, develop or construct replacement dwelling units for those units housing persons and families of lower income which have been destroyed or removed from the lower income housing market as part of a redevelopment project; and The Agency has destroyed and removed certain units which housed persons of lower income within the Project Area; and In order to carry out and implement the redevelopment plan for the Project and the affordable housing requirements thereof, the Agency proposes to enter into an.Owner Participation Agreement("OPA") with Fountains Huntington Beach, LLC, a Delaware limited liability company ("Developer"), for the development of affordable housing on a site located outside the Project Area("Site"), as described in the OPA; and 1 PDA:2002 Resol:Fountains . 1-7-02 Res. No. 329 The Agency has duly considered all terms and conditions of the proposed OPA and believes that the development of the Site pursuant to the OPA is in the best interests of the City and the health, safety and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements; and Pursuant to Section 15326 of the Guidelines to the California Environmental Quality Act, the rehabilitation project is categorically exempt under CEQA; and The Agency has considered the report of Agency staff on the proposed rehabilitation project to be carried out pursuant to the OPA; NOW, THEREFORE, the Redevelopment Agency of the City of Huntington Beach does hereby resolve as follows: 1. The Agency finds that the Agreement is categorically exempt under CEQA, pursuant to Section 15326 of the Guidelines to the California Environmental Quality Act. 2. The Agency finds and determines that expenditures from the Housing Fund as contemplated by the Agreement will directly and specifically benefit, improve, and preserve the community's supply of lower income housing within the meaning of Section 33334.2. r '� 3. The Agency,finds and determines that expenditures from the Housing Fund as contemplated by the Agreement are of benefit to the Project Area. 4. The Agency finds and determines that the housing units to be developed by the Agreement which are restricted to persons and families of lower income qualify as replacement dwelling units for those dwelling units in the Project Area which were destroyed and removed pursuant to the Redevelopment Project. 5. The Chairman of the Agency is hereby authorized to execute the OPA and related documents on behalf of the Agency. A copy of the OPA when executed by the Agency shall be placed on file in the office of the Secretary of the Agency. 6. The Executive Director of the Agency(or his or her designee) is hereby authorized, on behalf of the Agency, to sign all documents necessary and appropriate to carry out and implement the OPA and to administer the Agency's obligations, responsibilities and duties to be performed under the OPA and related documents. 2 PDA:2002 Resol:Fountains 1-7-02 Res. No. 329 PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington Beach at a regular meeting thereof held on the 2•2nd day of January , 2002. Chairman ATTEST:. APPROVED AS TO FORM: Ager►cy Clerk^ 01- -02 Agency General Counsel /-0.62- REVIEWED AND APPROVED: INITIATED AND APPROVED: ctmrmstrat�rr- Bireutur UPTITerIt Executive Director Deputy Executive Director a 3 PDA:2002 Resol:Fountains 1-7-02 Res. No. 329 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, Clerk of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a regular meeting of said Redevelopment Agency held on the 22nd day of January, 2002 and that it was so adopted by the following vote: AYES: Green, Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen ABSTAIN: None Clerk of the Redevelopment Agency of the City,of Huntington-Beach, CA