HomeMy WebLinkAboutResolution No. 09-7119 - DDA w/Habitat for Humanity, 12812 Blodgett Av.RESOLUTION NO. 09-7119
I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
THE SALE OF A SMALL HOUSING PROJECT BY THE COMMUNITY
DEVELOPMENT COMMISSION, AND THAT CERTAIN AGREEMENT ENTITLED
"DISPOSITION AND DEVELOPMENT AGREEMENT“ BY AND BETWEEN THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY AND
HABITAT FOR HUMANITY OF GREATER LOS ANGELES FOR THE
REDEVELOPMENT OF PROPERTY LOCATED AT 12812 BLODGEI-r AVENUE.
WHEREAS, the Community Development Commission of the City of Downey, also
called the Downey Community Development Commission (the "Commission"), is engaged in
activities necessary to execute and implement the Redevelopment Plan (the "Redevelopment
Plan") for the Downey Redevelopment Project Area (the "Project Area"); and
WHEREAS, in order to implement the Redevelopment Plan for the Project Area, the
Commission proposes to assist in the development of affordable housing (the "Project")
pursuant to the terms and provisions of a certain Disposition and Development Agreement (the
"Agreement"); and
WHEREAS, the Habitat for Humanity of Greater Los Angeles, a California non-profit
public benefit corporation, submitted to the Commission a written offer in the form of said
Agreement to act as developer (the "Developer") for the Project; and
WHEREAS, the Agreement proposes that the Commission sell Commission-owned real
property located at 12812 Blodgett Avenue, Downey, California (the “Site”); and
WHEREAS, the proposed Agreement contains all the provisions, terms, conditions, and
obligations required by state and local law; and
WHEREAS, the City Council has reviewed and considered the requirements of Health
and Safety Code Section 33433 and has determined that the proposed Project is a “small
housing project” pursuant to California Redevelopment Law (California Health and Safety Code
Section 33433(c)); and
WHEREAS, a public hearing of the Commission on the proposed Agreement was duly
noticed in accordance with the requirements of Health and Safety Code Section 33431; and
WHEREAS, on March 24, 2009, the Commission held a public hearing on the proposed
Agreement and evaluated all of the information, testimony, and evidence presented during the
public hearing; and
WHEREAS, the City Planning Commission will review the disposition of the Site and
determine whether the Project is in conformance with the City’s General Plan prior to the close
of escrow; and
WHEREAS, the sale of the Site to the Developer pursuant to the proposed Agreement
will improve the quality of life of the residents of the City of Downey through the elimination of
blight and the development of affordable housing for very low income persons, which positively
relates to adjacent land uses by providing for the reuse and redevelopment of property located
outside the Project Area; and
RESOLUTION NO. 09-7119
PAGE TWO
WHEREAS, the sale of the Site pursuant to the proposed Agreement will assist the
Commission in implementing its housing goals and objectives; and
WHEREAS, the City has determined that the Commission’s approval of the Project is
exempt from the California Environmental Quality Act (codified as Public Resources Code
Sections 21000 et seq.) (“CEQA”) pursuant to CEQA Guidelines Section 15332 because the
Project can be characterized as in-fill development meeting the following conditions: (i) the
Project is consistent with the applicable general plan designation and all applicable general plan
policies as well as with applicable zoning designation and regulations; (ii) the Project occurs
within the City’s limits and the Site consists of no more than five (5) acres substantially
surrounded by urban uses; (iii) the Site has no value as habitat for endangered, rare or
threatened species; (iv) approval of the Project would not result in any significant effects relating
to traffic, noise, air quality or water quality; and (v) the Site can be adequately served by all
required utilities and public services; and
WHEREAS, all actions required by all applicable laws with respect to the proposed
Agreement have been taken in an appropriate and timely manner; and
WHEREAS, the City has duly considered all terms and conditions of the proposed
Agreement and believes that the disposition of the Site pursuant thereto is in the best interests
of the City of Downey and the health, safety, and welfare of its residents, and in accordance
with the public purposes and provisions of applicable state and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
RESOLVE AS FOLLOWS:
SECTION 1. All facts set forth in the recitals of this Resolution are true and correct
SECTION 2. The City hereby finds and determines, based upon substantial information
in the record before it, that the Commission's agreement to financially assist the Project,
pursuant to the proposed Agreement, is appropriate because the redevelopment of the Site is of
benefit to the Redevelopment Project Area and because the Project will effectuate the purposes
of the Redevelopment Plan.
SECTION 3. The City hereby finds and determines that the disposition of the Site
pursuant to the proposed Agreement will provide for affordable housing for very low income
persons
SECTION 4. The City hereby finds and determines that the sale of the Site from the
Commission to the Developer is for the development of a small housing project, as the Site is
proposed to contain a separate residential structure having not more than four dwelling units
and which is owned by the Commission and proposed to be conveyed to private parties
pursuant to an agreement with the Commission to develop or maintain the residential structure,
which will be restricted by a recorded instrument for the use and occupancy of persons or
families of low or moderate income for a period of not less than 30 years pursuant to an
agreement with the Commission, and is proposed to be conveyed to persons and families of low
RESOLUTION NO. 09-7119
PAGE THREE
I or moderate income or developed for rental by private parties (nonprofit or otherwise) pursuant
to an agreement with the Commission.
SECTION 5. The City hereby finds and determines that the Agreement is consistent
with the Redevelopment Plan and the Implementation Plan for the Redevelopment Plan.
SECTION 6. The City Council approves the sale of the Site pursuant to Health and
Safety Code Section 33433(c) and, based on the foregoing, approves the Agreement, together
with any non-substantive changes and amendments as may be approved by both the
Commission’s Executive Director and General Counsel.
SECTION 7. The City Council finds that the Project is exempt from CEQA because the
Project can be characterized as an in-fill development meeting the conditions set forth in
Section 15332 of the CEQA State Guidelines, and that no subsequent or supplemental
environmental review is necessary. The City Council directs City staff to file a Notice of
Determination with the Los Angeles County Clerk’s office within five (5) business days of the
adoption of this Resolution.
SECTION 8. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 24TH day of March, 2009
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MARIO A. GUERRA, Mayor
ATTEST:
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KATHLEEN L. MIDSTOKKE, City Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council
of the City of Downey at a regular meeting thereof held on the 24th day of March, 2009 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN :
Council Members: Bayer, Brossmer, Gafin, Marquez, Mayor Guerra
Council Member: None
Council Member: None
Council Member: None
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KATHLEEN L. MIDSTOKKE, City Clerk