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HomeMy WebLinkAbout112105 Replacement Hsg Plan - 901 BrownREQUEST FOR AGENCY ACTION Ea, Lion ]st AGENCY BOARD MEETING DATE: NOVEMBER 21, 2005 TITLE: REPLACEMENT HOUSING PLAN - 901 BROWN EXECUTIVE DIRECTOR RECOMMENDED ACTION AGENCY SECRETARY USE ONLY: /Notion : CArn Shy L✓d :9arae APPROVED (0:O /xlt/ CONTINUED TO FILE NUMBER Adopt a resolution approving the Replacement Housing Plan for residential property located at 901 E. Brown. DISCUSSION State Redevelopment Law under Section 33420 of the California Health and Safety Code allows an agency to clear or move buildings, structures, or other improvements from any real property acquired. Whenever there is destruction or removal of dwelling units from the low -and moderate - income housing market, the Agency shall adopt, by resolution, a replacement housing plan. This replacement housing plan shall, among other things, specify how and where the Agency shall provide replacement housing units. Currently there is an Agency owned property that requires the adoption of a Replacement Housing Plan. The Replacement Housing Plan (Exhibit 1) has been prepared for the property located at 901 E. Brown, which was acquired to be used for replacement housing. The subject property was destroyed by fire on October 23, 2005. Due to health and safety reasons, it is recommended that it be demolished. CEQA COMPLIANCE In accordance with the California Environmental Quality Act, Categorical Exemption No. ER- 2005 -198 has been filed for 901 E. Brown. 4 -1 As Recommended As Amended ❑ Ordinance on 15` Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution approving the Replacement Housing Plan for residential property located at 901 E. Brown. DISCUSSION State Redevelopment Law under Section 33420 of the California Health and Safety Code allows an agency to clear or move buildings, structures, or other improvements from any real property acquired. Whenever there is destruction or removal of dwelling units from the low -and moderate - income housing market, the Agency shall adopt, by resolution, a replacement housing plan. This replacement housing plan shall, among other things, specify how and where the Agency shall provide replacement housing units. Currently there is an Agency owned property that requires the adoption of a Replacement Housing Plan. The Replacement Housing Plan (Exhibit 1) has been prepared for the property located at 901 E. Brown, which was acquired to be used for replacement housing. The subject property was destroyed by fire on October 23, 2005. Due to health and safety reasons, it is recommended that it be demolished. CEQA COMPLIANCE In accordance with the California Environmental Quality Act, Categorical Exemption No. ER- 2005 -198 has been filed for 901 E. Brown. 4 -1 Replacement November 21, Page 2 Housing Plan — 901 Brown 2005 FISCAL IMPACT There are no financial impacts to the Agency associated with the approval of the resolution. C Patricia C. Whitaker Executive Director PCW /RLL /mlr H: \ACTIONS \2005 CRA \Replacement HSg Plan 901 E.Brown 11- 21- 05.doc 4 -2 REPLACEMENT HOUSING PLAN 901 E. BROWN Statement of Purpose and Objective This Replacement Housing Plan is prepared in accordance with California Health and Safety Code Section 33413. The project consists of the demolition of one single family residential unit that was destroyed by fire. The City of Santa Ana Community Development Agency (Agency) will replace the dwelling unit previously occupied by low- and moderate - income households in connection with the demolition of 901 E. Brown Project. The property located at 901 Brown has one three - bedroom unit. The unit is subject to replacement in accordance with the legal requirement of the California Community Redevelopment Law (Health and Safety Code Section 33413 et seq.). The replacement unit will be made available for occupancy at any time during the period beginning one year before the Agency's submission of the information required under the plan and ending four years after commencement of demolition. The Agency will make public by publication in a newspaper of general circulation the information listed below. Project Property Description The project property location is delineated in a map (Attachment A) attached. Each property is listed by address with parcel number and number of bedrooms (Attachment B). Pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33413 et seq.), all occupied and vacant occupiable units will be replaced in kind. Replacement Housing Units Attachment C delineates by number of bedrooms the location where the replacement unit is located to meet the replacement obligation for 901 Brown. It is anticipated that one of the units in the Minnie Street/Comerstone Village Project will be utilized for the replacement housing unit. Income Level of Replacement Units The replacement dwelling unit will be affordable to and occupied exclusively by tenants with the same income levels as the persons displaced from the dwelling units that are being removed from the low- and moderate - income housing market. Therefore, one replacement unit will be made affordable to very low- income households whose incomes are at of below fifty (50) percent of the median income. Exhibit 1 Page 1 of 2 4-3 Funding Source The Agency and the City of Santa Ana have committed sufficient Tax Increment funds to finance the demolition and replacement of the one required replacement housing unit for 901 E. Brown. Low /Moderate Income Assurance All agreements related to replacement housing units will contain a covenant guaranteeing units remain available at affordable housing cost to, and occupied by, persons and families of low- income, moderate - income and very low income households for not less than 55 years of low for rental units and 45 years for homeownership units, as required by the Health and Safety Code Section 33413. Article 34 Compliance The replacement housing to be provided pursuant to this Replacement Housing Plan does not require the approval of the voters pursuant to Article 34 of the California Constitution, in that all of the replacement housing units fall within exceptions to the definition of "low -rent housing project" in California Health and Safety Code 37001. The one unit consists of acquisition and rehabilitation for the purpose of providing affordable housing for low- income households. Availability of Plan In accordance with the Community Redevelopment Law, a copy of this Replacement Housing Plan will be made available for review and comment by other public agencies, and the general public during regular business hours between 8:00 a.m. and 5:00 p.m., Monday through Friday in the offices of the Housing Department, 20 Civic Center Plaza, 3`d Floor, Community Redevelopment Agency, 20 Civic Center Plaza, 6th Floor, and in the office of the City Cleric, 8th floor, Santa Ana, California. Exhibit 1 Page 2 of 2 4-4 V Z W LL J SIXTH STREET J� V 901 Brown Street Attachment A 4 -5 901 E. BROWN LIST OF PROJECTED DEMOLITIONS PARCEL # A.P.N ADDRESS 398 - 313 -08 901 E. Brown Street Attachment B Page 1 of 1 #BEDRMS USAGE 3Bd/1Ba SFR 4 -6 901 E. BROWN LIST OF PROJECTED REPLACEMENT PROPERTIES PARCEL # A.P.N ADDRESS #BEDRMS DATE UNIT AVAILABLE 011 - 256 -20 1126 S. Minnie Street Unit #3 3Bd/1Ba December 2005 Attachment C Page 1 of 1 4-7 THIS PAGE LEFT INTENTIONALLY BLANK i • 11/1/05 les RESOLUTION NO. CRA 2005 -005 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA ADOPTING A REPLACEMENT HOUSING PLAN FOR DEMOLITION OF VACANT RESIDENTIAL PROPERTY LOCATED AT 901 BROWN STREET BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The Board of the Community Redevelopment Agency of the City of Santa Ana hereby finds, determines and declares as follows: A. Community Redevelopment Law ( "CRL ") allows a redevelopment agency to clear or remove buildings, structures or other improvements from any real property acquired and owned by the Agency (Health and Safety Code section 33420). B. Whenever the Agency destroys or removes dwelling units from the low and moderate income housing markets, the Agency shall adopt, by resolution, a replacement housing plan, which shall specify how and where the Agency shall provide replacement housing units (Health and Safety Code section 33413). C. The Agency purchased the property located at 901 Brown Street (the "Property ") to be used for replacement housing. While awaiting the final development of the Property, the City's Community Preservation division declared the units uninhabitable due to a fire at the Property. Due to health and safety concerns, it is recommended that the Property be completely demolished. The Property is currently vacant, consisting of one three - bedroom unit. D. Section 33413.5 of the California Health and Safety Code requires that not less than 30 days prior to the execution of an agreement for acquisition of real property, or the execution of an agreement for the disposition and development of property, or the execution of an owner participation agreement, which agreement would lead to the destruction or removal of dwelling units from the low- and moderate - income housing market, the Agency shall adopt by resolution a Replacement Housing Plan. E. The Agency has prepared a Replacement Housing Plan relating to the demolition of the Property, in the form presented by the Agency Executive Director. The Agency has made a draft of the Replacement Housing Plan available to the public and to other public agencies for a reasonable time prior to this 4 -9 11 /1/05 les meeting, following the publication of notice of the availability of the draft Replacement Housing Plan for review and comment. G. The Replacement Housing Plan includes 1) the general location of housing to be rehabilitated, developed or constructed pursuant to section 33413 (the "Replacement Housing "; 2) an adequate means of financing the Replacement Housing; 3) a finding that the Replacement Housing does not require the approval of the voters pursuant to Article XXXIV of the California Constitution; 4) the number of dwelling units housing persons or families of low- or moderate - income in the Replacement Housing which will be available at affordable housing cost and which is at least equal to the number of dwelling units being demolished, and which have an equal or greater number of bedrooms as those in the demolished Property and; 5) a timetable for meetinc the Replacement Housing Plan's relocation, rehabilitation and replacement housing objectives not later than four years after demolition of the Property. H. In accordance with the California Environmental Quality Act, the Property is exempt from further review. Categorical Exemption No. ER 2005 -198 has been filed for the Property. Section 2. The Agency hereby approves and adopts the Replacement Housing Plan in the form presented by the Executive Director. Section 3. This Resolution shall take effect immediately upon its adoption by the Community Redevelopment Agency, and the Secretary of the Agency shall attest to and certify the vote adopting this Resolution. 4 -10 11 /1 /051es ADOPTED this day of 2005. Miguel A. Pulido Chair APPROVED AS TO FORM: Joseph W. Fletcher, Agency Counsel 0 AYES: Boardmembers: NOES: Boardmembers: ABSTAIN: Boardmembers: NOT PRESENT: Boardmembers: Lisa E. Storck Assistant Counsel CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Recording Secretary for the Community Redevelopment Agency, do hereby attest to and certify the attached Resolution No. 2005- to be the original resolution adopted by the Community Redevelopment Agency of the City of Santa Ana on Date: Recording Secretary City of Santa Ana 4 -11