HomeMy WebLinkAboutPCDC Resolution 91-02 07/15/1991_,
1 PETALUMA COMMUNITY DEVELOPMENT COMMISSION
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4 RESOLUTION NO. 91-02
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6 RESOLUTION MAKING CERTAIN FINDINGS AND
7 DETERMINATIONS .REGARDING THE PROVISION
8 OF FUNDS FOR THE PURPOSES OF INCREASING,
9 IMPROVING AND PRESERVING THE COMMUNITY'S
10 SUPPLY OF LOW AND MODERATE INCOME HOUSING
11 PURSUANT TO HEALTH. AND SAFETY CODE SECTION 33334.6
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14 WHEREAS, the Petaluma Community Development Commission
15 (the "Commission") and the City of Petaluma, California (the "City") have
16 previously approved and adopted the redevelopment plan for the Petaluma
17 Central Business District Development Project Area pursuant to City
18 Ordinance No. 1221 N.C.S.. dated September 27, 1976 (the "Redevelopment
19 Plan"); and
20 WHEREAS, the Commission acknowledges that the Central Business
21 District Project Area Redevelopment Plan specifically provides for the
22 payment of tax increment revenues to the Commission pursuant to
23 subdivision (b) of Health and Safety Code Section 33670; and
24 WHEREAS, pursuant to Health and Safety Code Section 33334.6(c),
25 not less than twenty percent (20%) of all taxes which are allocated to the
26 Commission pursuant to Health and Safety Code Section 33670 for the
27 1985-86 fiscal year and each succeeding fiscal year shall be used by the
28 Commission for the purposes of increasing, improving and preserving the
29 community's supply of low and moderate income housing available at
30 affordable housing costs unless one of three findings as more fully set forth
31 in Health and Safety Code Section 33334.2(a) is made by the Commission;
32 and
33 WHEREAS, pursuant to subdivision (1) of Health and Safety Code
34 Section 33334.2(a), the twenty percent (20%) set aside allocation of low
35 and moderate income housing funds need not be made if the Commission
36 finds that no need exists in the community to improve or increase the supply
37 of low and moderate income housing in a manner which would benefit the
38 project area subject to the Central Business District Project Area
39 Redevelopment Plan (the "Project Area") and that such a finding is
40 consistent with the housing element of the community's general plan; and
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1 WHEREAS, pursuant to subdivision (2) of Health and Safety Code
2 Section 33334.2(a), the twenty percent (20%) allocation of low and
3 moderate income housing funds need not be made from the Central
4 Business District Project Area if the Commission determines that some
5 stated percentage less than twenty percent (20%) of the taxes which are
6 allocated to the Commission pursuant to Health and Safety Code Section
7 33670 is sufficient to meet the housing needs of the community and that
8 such a finding is consistent with the housing element of the community's
9 general plan.
10 WHEREAS, pursuant to subdivision (3) of Health and Safety Code
11 Section 33334.2(a), the twenty percent (20%) allocation of low and
12 moderate income housing need not be made if the Commission finds that
13 the community is making a substantial effort to meet its existing and
14 projected housing needs, including its share of the regional housing needs,
15 with respect to persons and families of low and moderate income,
16 particularly very low income households as identified in the housing
17 element of the community's general plan, and that this effort, consisting of
18 direct financial contributions of local funds used to increase and improve
19 the supply of housing affordable to persons and families of low or moderate
20 income and very low income households, is equivalent in impact to the
21 funds otherwise required to be set aside pursuant to Health and Safety
22 Code Section 33334.2(a) and that the community has provided or ensured
23 the availability of replacement dwelling units in accordance with Health
24 and Safety Code Section 33410 et secl.; and
25 WHEREAS, the Commission acknowledges that from the date of
26 adoption of the Central Business District Project Area Redevelopment Plan
27 up until the 1985/86 fiscal year, the Commission was not obligated to set
28 aside any funds for low and moderate income housing purposes since (i) the
29 provisions of Health and Safety Code Section 33334.2 were not applicable
30 to the Redevelopment Plan during such period and (ii) since the provisions
31 of Health and.. Safety Code Section 33334.6 which govern the
32 Redevelopment Plan were not enacted until January of 1986; and
33 WHEREAS, for the 1985/86 fiscal year and any subsequent fiscal
34 years, the Commission was entitled to make certain findings and
35 determinations in accordance with the provisions of Health and Safety
36 Code Section 33334.6(d) and (e) as to the existence of any existing
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1 obligations or programs and to the extent it was able, the Commission
2 previously made such findings and determinations and accordingly, the
3 Commission was not required to set aside all amounts for low and moderate
4 income housing purposes from the Central Business District Project Area
5 as otherwise required pursuant to Health and Safety Code Sections 33334.2
6 or 33334.6; and
7 WHEREAS, on January 1, 1990 the Legislature enacted Assembly
8 Bi112080 (as found in Stats 1989, Chapter 1140) which retroactively
9 required that any amounts which had not otherwise been set aside by the
10 Commission because of the exceptions provided in Health and Safety Code
11 Section 33334.6(d) or (f) would, from the 1985/86 fiscal year onward,
12 constitute a deficit of the Commission from the Central Business District
13 Project Area; and
14 WHEREAS, notwithstanding -the Legislature's enactment of
15 Assembly Bi112080, the commission could make one of the findings set
16 forth in Health and Safety Code Section 33334.2(a) in order to justify
17 depositing less than the twenty percent (20%) of the tax increment revenues
18 allocated to the Commission pursuant to Health .and Safety Code Section
19 33670 into its low and moderate income housing fund; and
20 WHEREAS, the City has previously caused the establishment of a
21 developer "in lieu" housing fee program pursuant to which the City has
22 generated substantial revenues which have been allocated to the provision
23 of housing, including low and moderate income housing within the
24 community; and
25 WHEREAS, the City and the Commission have also caused the
26 adoption in 1988 of the Petaluma Community Development Project Area
27 which provides for the allocation of twenty percent (20%) of the tax
28 increment revenues attributable to the Project Area, for low and moderate
29 income housing purposes; and
30 WHEREAS, the Central Business District Project Area contains very
31 little housing and most of the occupants and users of the Project Area
32 reside outside of the Project Area and accordingly the Project Area does
33 not now require the expenditure of revenues for low and moderate income
34 housing purposes; and
35 WHEREAS, in light of (i) the revenues available through the City's
36 "in lieu" development housing fee program, (ii) the availability of the
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1 twenty percent (20%) set aside revenues attributable to the 198.8 Petaluma
2 Community Development Project Area and (iii) the lack of need of low and
3 moderate income housing in the CentraLBusiness District Project Area, the
4 Commission has been and is making a substantial effort to meet its low and
5 moderate income housing requirements for the Central Business District
6 Project Area; and
7 WHEREAS, the Commission deems it appropriate at this time to
8 make certain findings and determinations in accordance with the provisions
9 of Health and Safety Code Section 33334.2(a) as to the substantial effort
10 being made within the community to improve, increase and preserve the
11 supply of low and moderate income housing in a manner which would
12 benefit the Central Business District Project Area; and
13 WHEREAS, Commission Staff has submitted certain documentation
14 to the Commission which supports the proposed findings of the Commission
15 and recommends that the commission be authorized to use moneys
16 otherwise required to be set aside pursuant to Section 33334.6(c) for other
17 purposes consistent with the terms and provisions of the Redevelopment
18 Plan.
19 NOW, THEREFORE, BE IT RESOLVED BY THE PETALUMA
20 COMMUNITY DEVELOPMENT COMMISSION AS FOLLOWS:
21 Section 1. The Commission hereby finds and determines that:
22 (a) The community has made and is making a substantial effort to
23 meet its existing and projected housing needs, including its share of
24 regional housing needs, with respect to persons and families of low and
25 moderate income, particularly very low income households, as identified in
26 the Petaluma General Plan and this effort, consisting of the use of low and
27 moderate income housing funds attributable to the Commission's 1988
28 Petaluma Community Development Project Area and the use of "in lieu"
29 development housing fees collected by the City, is equivalent in impact to
30 the funds otherwise required to be set aside pursuant to Health and Safety
31 Code Section 33334.6(c).
32 (b) There currently exists within the Central Business District Project
33 Area very few residential units and the need to use moneys for low and
34 moderate income housing purposes within the Central Business District
35 Project Area for such units is very limited since most of the Central
36 Business District Project Area is zoned for commercial and industrial uses.
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" 1 (c) The community has provided or ensured the availability of
2 replacement dwelling units as defined in Health and Safety Code Section
3 33410 et sea.
4 (d) Because of the City's prior use of "in lieu" development fees for
5 low and moderate income housing purposes. as well as the Commission's set
6 aside of revenues from the 1988 Petaluma Community Development Project
7 Area, the Commission has met its obligations with respect to the set aside
8 requirements for the Central Business District Project Area for the years
9 subsequent to the 1985/86 fiscal year.
10 (e) For the foregoing reasons, the Commission recommends that it is
11 unnecessary to set aside twenty percent (20%) of all taxes that are allocated
12 to the Commission pursuant to Section 33670 attributable to the Central
13 Business District Project Area for the purposes of increasing, improving
14 and preserving the community's supply of low and moderate income housing
15 available at affordable housing costs to persons and families of low and
16 moderate income and very low income households.
17 Section 2. The Commission further finds and determines that for the
18 reasons set forth in Section 1 hereof, no state policy as found in the
19 Community Redevelopment Law will be contravened by the failure to set
20 aside twenty percent (20%) of all taxes which are allocated to the
21 Commission pursuant to Section 33670 for the purposes of providing low
22 and moderate income housing within the Central Business District Project
23 Area and the community.
24 Section 3. The Commission hereby accepts the recommendations of
25 Commission Staff as contained in that certain documentation as submitted
26 to the Commission, incorporated herein by this reference, regarding the use
27 of certain revenues and the provision of affordable housing for low and
28 moderate income families and very low income families within the Central
29 Business District Project Area. The City Council is hereby requested to
30 concur with such recommendation and to authorize the use of such
31 Commission revenues either inside or outside of the Central Business
32 District Project Area.
33 Section 4. The Secretary of the Commission is hereby authorized and
34 directed to transmit a copy of this Resolution to the City Council of the City
35 of Petaluma for appropriate action.
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ADOPTED this day of~e 1991 by the following vote:
Commissioner Ave No Absent
Cavanagh (x ) ( ) ( )
Davis (x ) ( ) ( )
Nelson ( } ( ) (x )
Read (x ) ( ) ( )
Sobel (x ) ( ) ( )
Vice Chair Woolsey (x ) ( ) ( )
Chairman Hilligoss (x ) ( ) ( )
,.
C airman, M. P. Hi hgoss
ATTEST:
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Re ing Secretary, P. E. Bernard
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