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Housing Law compliance resolution

City Council and Authorities Concurrent
May 23, 2023

Document
Housing Law compliance resolution
Meeting
May 23, 2023
Body
City Council and Authorities Concurrent
Original file
85 KB
Text extracted from the city's file for reading and search. Open the original on santaclara.legistar1.com. That file is the official record.

Resolution/Certifying Compliance with Housing Laws Page 1 of 2 Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

TO COMPLY WITH STATE HOUSING LAWS

BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the San Francisco region has the highest housing costs in the United States; and WHEREAS, the Bay Area produced less than 30% of the need for low- and moderate-income housing units from 2007-2014, and is on track to similarly underproduce low -income units during the 2015-2023 time period; and
WHEREAS, there are limited funding sources available to secure land for the construction of low- and moderate-income housing; and
WHEREAS, public lands can play a critical role in increasing the supply of land for affordable housing;
WHEREAS, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) provide an important option to increase the availability and affordability of housing, especially in existing, lower density neighborhoods; and
WHEREAS, density bonuses are an effective tool to increase the financial feasibility of housi ng and incentivize the creation of affordable housing; and WHEREAS, the Metropolitan Transportation Commission adopted Resolution No. 45 05, outlining the programming policy and project selection criteria for the One Bay Area Grant Program (OBAG 3), including certain requirements to access these funds .

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the City agrees to comply with the terms of Surplus Land Act (California Government Code § 54220, et seq.), as exists now or may be amended in the future, including, but not limited to, AB 1255 (Rivas, 2019), which requires jurisdictions to compile and report annually an inventory of surplus lands to the California Department of Housing and Community Resolution/Certifying Compliance with Housing Laws Page 2 of 2 Rev: 11/22/17
Development;

2. That the City agrees to comply with state laws related to ADUs and JADUs, as they exist now or may be amended in the future, including, but not limited to California Government Code §§ 65852.150, 65852.2, 65852.22, et seq. and C alifornia Health & Safety Code § 17980.12;

3. That the City agrees to comply with state Density B onus Law (California Government Code § 65915, et seq.), as exists now or may be amended in the future; and

4. That the City warrants and represents that is in compliance with the aforementioned state housing laws and that except for those matters listed in Attachment 1, there are no claims, actions, suits, or proceedings pending to the best of the City’s knowledge, alleging violations of the state housing laws by the City.

5. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CL ARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 202 3, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference:

1. Potential Claims Against the City of Santa Clara Related to Housing Law

S:\Attorney\RESOLUTIONS\Form Resolution-City.doc

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