RESOLUTION NO.
A RESOLUTION OF THE LANCASTER HOUSING
AUTHORITY DECLARING CERTAIN PROPERTY IN THE
CITY OF LANCASTER IS EXEMPT SURPLUS LAND AND
APPROVING A DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE AUTHORITY AND
SARAH’S CARE HOME
WHEREAS, the Lancaster Housing Authority (“Authority”) is the owner in fee simple of certain vacant parcels identified as Assessor Parcel Numbers 3123-016-905 and -906 (“Authority Property”); and
WHEREAS, the Authority no longer has any use for the Authority owned property; and WHEREAS, the exact affordability of proposed project will be subject to the final funding secured by Developer to construct the proposed affordable housing project, any affordability alterations will be reflected in the Regulatory Agreement; and WHEREAS, pursuant to the DDA, a condition precedent to Authority allowing Close of Escrow is Developer’s evidence of financing to construct an affordable housing project, and the DDA requires Developer to covenant that the proposed project be used, maintained and operated in compliance with a Regulatory Agreement to be negotiated between the Housing Authority and Developer for a 100% affordable housing project; and
WHEREAS, the Authority Property is “surplus land” under the Act, because it is land owned in fee simple by the Authority for which the Authority will take formal action (in the form of adoption of this resolution) in a regular public meeting declaring that the land is surplus and is not necessary for the City’s use; and
WHEREAS, California Health and Safety Code Sections 33334.2 and 33334.6 formerly authorized and directed the Lancaster Redevelopment Agency (“Redevelopment Agency”) to expend a certain percentage of all taxes which are allocated to the Redevelopment Agency pursuant to Section 33670 of the California Health and Safety Code for the purposes 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
WHEREAS, pursuant to applicable law, the Redevelopment Agency established a Low- and Moderate-Income Housing Fund (“Housing Fund”) and acquired certain property with the purpose of using such property for the provision of affordable housing development opportunities; and
WHEREAS, by ABx1 26 enacted by the California Legislature during 2011 (“2011 Dissolution Act”), the California Legislature disbanded all redevelopment agencies within the State of California effective as of February 1, 2012, including without limitation the Redevelopment Agency; and
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WHEREAS, the 2011 Dissolution Act provides, in part, that the host city of a redevelopment agency was to designate a housing entity to receive the housing assets of the former redevelopment agency within such city; and
WHEREAS, the City Council of the City of Lancaster (“City”) designated the Lancaster Housing Authority (“Authority”) as the housing entity to receive the housing assets of the former Redevelopment Agency; and
WHEREAS, to address the Authority’s objectives of providing affordable housing, Sarah’s Care Home has proposed to acquire from the Authority certain property identified as Assessor Parcel Numbers 3123-016-905 and -906 (“Site”), to construct a minimum of sixty-five (65) units (“Project”); and
WHEREAS, in order to implement the affordable housing objectives of the Authority, the Authority proposes to enter into a Disposition and Development Agreement (“Agreement”) with the Developer, pursuant to which the Authority would sell the Site to the Developer and the Developer would agree to construct the Project in accordance with the Agreement, restrict the purchase of certain units in the Project to very low-income households and low-income households, all as more particularly set forth in the Agreement; and WHEREAS, the Project is located within the project area (“Project Area”) of Lancaster Redevelopment Project Area No. 5, Lowtree Project Area (“Redevelopment Project”) of the former Redevelopment Agency and the acquisition, construction and operation of the Project pursuant to the Agreement would benefit the Project Area by providing affordable housing for persons who currently live and work within the Project Area; and WHEREAS, the Redevelopment Agency previously adopted an Implementation Plan pursuant to Health and Safety Code Section 33490, which set forth the objective of providing housing to satisfy the needs and desires of various constituent elements of the community; and WHEREAS, the Agreement furthers the goals of the Authority as well as the goals of the former Redevelopment Agency as set forth in the Implementation Plan as it will facilitate the creation of affordable housing which will serve the residents of the neighborhood and the City as described in the Agreement; and
WHEREAS, the California Legislature has declared in Health and Safety Code Section 36000, et seq., that new forms of cooperation with the private sector, such as leased housing, disposition of real property acquired through redevelopment, development approvals, and other forms of housing assistance may involve close participation with the private sector in meeting housing needs, without amounting to development, construction or acquisition of low rent housing projects as contemplated under Article XXXIV of the State Constitution; and WHEREAS, Health and Safety Code Section 37001.5 provides that a public body does not develop, construct or acquire a low rent housing project under Article XXXIV of the State Constitution when the public body provides assistance to a low rent housing project and monitors construction or rehabilitation of the project to the extent of carrying out routine governmental Resolution No.
functions, performing conventional activities of a lender, and imposing constitutionally mandated or statutorily authorized conditions accepted by a grantee of assistance; and WHEREAS, for the foregoing reasons, the Project does not require voter approval under Article XXXIV of the State Constitution; and
WHEREAS, under the Agreement, the Developer shall purchase the Site from the Authority at the price described in a report to the Authority and City Council concerning the Agreement made substantially in the manner described by Section 33433 of the California Health and Safety Code (“Report”); and
WHEREAS, the Developer has submitted to the Authority and the City Council of the City of Lancaster (“City Council”) copies of the Agreement substantially in the form submitted herewith; and
WHEREAS, a joint public hearing of the Authority and City Council on the proposed Agreement was duly noticed; and
WHEREAS, the proposed Agreement, and a summary report substantially in the form described by Health and Safety Code Section 33433 (“Summary Report”), were available for public inspection prior to the joint public hearing; and WHEREAS, on November 14, 2023, the governing board of the Authority and the City Council held a public hearing on the proposed Agreement, at which time the City Council and the Authority reviewed and evaluated all of the information, testimony, and evidence presented during the joint public hearing; and
WHEREAS, all actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner; and WHEREAS, the Authority has reviewed the Summary Report and has evaluated other information provided to it pertaining to the findings proposed to be made hereunder; and WHEREAS, the City Council has previously determined, in its adoption of the ordinance approving the Redevelopment Project, that the Site is a portion of a blighted area, and is underutilized, as further set forth in the Implementation Plan as previously adopted and amended by the former Redevelopment Agency; and
WHEREAS, the Agreement would assist in the alleviation or removal of blighting conditions, would promote the affordable housing objectives of the Authority and would further the goals of the Implementation Plan by providing for the provision of improvements and the operation of certain uses as provided in the Agreement; and WHEREAS, the designation of the property as exempt surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines, 15060(c)(3), because it is not a project as defined by the CEQA Guidelines, Section 15378. The recommended actions for the DDA approval have been reviewed pursuant to the CEQA requirements under Title 14 of the Resolution No.
California Code of Regulations (CCR) and the actions have been determined to be exempt per CEQA Guidelines §15312, §15332, and §15061(b)(3). There are no federal actions, therefore, NEPA does not apply; and
WHEREAS, the Authority and the City Council have duly considered all of the terms and conditions of the proposed Agreement and believes that the redevelopment of the Site pursuant to the Agreement is in the best interests of the City of Lancaster and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE LANCASTER HOUSING AUTHORITY, AS FOLLOWS:
Section 1. The Authority finds and determines that the statements set forth in the Recitals above are true, correct and a substantive part of this Resolution.
Section 2. The Authority hereby finds that the use of funds from the former Redevelopment Agency’s Low- and Moderate-Income Housing Fund and the Permanent Local Housing Allocation Fund pursuant to the Agreement, will be of benefit to the Project Area for the reasons set forth above.
Section 3. The Authority hereby determines that voter approval is not required by Article XXXIV of the State Constitution for the reasons set forth above. This Resolution is hereby deemed to constitute a final approval of a proposal which may result in housing assistance benefiting persons of low-income, within the meaning of Health and Safety Code Section 36005.
Section 4. The Authority finds and determines that, based upon substantial evidence provided in the record before it, the consideration for the Authority’s disposition of the Site pursuant to the terms and conditions of the Agreement is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the Agreement.
Section 5. The Authority hereby finds and determines that the disposition of the Site by the Authority pursuant to the Agreement will promote the affordable housing objectives of the Authority and will eliminate blight within the Project Area by providing for the proper reuse and redevelopment of the Project Area which was declared blighted.
Section 6. The Authority hereby finds and determines that the Agreement is consistent with the provisions and goals of the Implementation Plan as previously adopted by the Redevelopment Agency.
Section 7. The Authority hereby approves the Agreement in substantially the form presented to the Authority, subject to such revisions as may be made by the Executive Director of the Authority or his designee. The Executive Director of the Authority is hereby authorized to execute the Agreement (including without limitation all attachments thereto) on behalf of the Authority. A copy of the Agreement when executed by the Authority shall be placed on file in the office of the Secretary of the Authority.
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Section 8. The Executive Director of the Authority (or his designee) is hereby authorized, on behalf of the Authority, to make revisions to the Agreement which do not materially or substantially increase the Authority’s obligations thereunder or materially or substantially change the uses or development permitted on the Site, to sign all documents, to make all approvals and take all actions necessary or appropriate to carry out and implement the Agreement and to administer the Authority’s obligations, responsibilities and duties to be performed under the Agreement and related documents.
Section 9. Authority staff has determined that the designation of the property as exempt surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines, 15060(c)(3), because it is not a project as defined by the CEQA Guidelines, Section 15378. The recommended actions for the DDA approval have been reviewed pursuant to the CEQA requirements under Title 14 of the California Code of Regulations (CCR) and the actions have been determined to be exempt per CEQA Guidelines §15312, §15332, and §15061(b)(3). There are no federal actions, therefore, NEPA does not apply; and Section 10. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
Section 11. Effective Date. This Resolution shall become effective immediately.
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PASSED, APPROVED, and ADOPTED this ____________, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ _______________________
ANDREA ALEXANDER KITTY KIT YEE SZETO
City Clerk Chair
City of Lancaster Lancaster Housing Authority
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF LANCASTER )
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, __________________________, __________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No. , for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, 2023.
(seal)
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