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Home My WebLink AboutPCDC Resolution 90-07 12/17/1990PETO\0004\DOC\041\es 12/12/90 517 RESOLUTION NO. 90-7 RESOLUTION OF THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION MAKING CERTAIN FINDINGS AND DETERMINATIONS REGARDING THE PROVISION OF FUNDS FOR THE PURPOSES OF INCREASING, IMPROVING AND PRESERVING THE COMMUNITY'S SUPPLY OF LOW- AND MODERATE-INCOME HOUSING PURSUANT TO HEALTH AND SAFETY CODE SECTION 33334.6 ' .; WHEREAS, the Petaluma Community Development Commission (the '°Commission1°) and the City of Petaluma, California (the "City") have previously approved .and adopted the redevelopment plan for the Petaluma Central Business District Redevelopment Project Area pursuant to City Ordinance No. 1221 N.C.S. dated September 27, 1976 (the 01Redevelopment Plan1°) ; and WHEREAS, the Commission acknowledges that the Redevelopment Plan specifically provides for the payment of tax increment revenues to the Commission pursuant to subdivision (b) of Health and Safety Code Section 33670; and WHEREAS, pursuant to Health and Safety Code Section 33334.6(c), not less than twenty percent (20~) o! all taxes which are allocated to the Commission pursuant to Health and Safety Code Section 33670 for the 1985-86 fiscal year and each succeeding fiscal year shall b® used by the Connaission for the purposes of increasing, improving and preserving th® community°s supply of low- and moderate_income housing available at affordable housing costs Page 1 of 9 Reso. 90-7 unless one of three findings as more fully set forth in Health and Safety Code Section 33334.2(a) is made by the Commission.; and WHEREAS, pursuant to subdivision (1) of Health and Safety Code Section 33334.2(x), the twenty percent (20~) set aside allocation of low- and moderate-income housing funds need not be made if the Commission finds that no need exists in the community to improve or increase the supply of low- and moderate-income housing in a manner which would benefit the project area subject to the Redevelopment Plan (the "Project Area") and that such a finding is consistent with the housing element of the community's general plan; and WHEREAS, pursuant to subdivision (2) of Health and Safety Code Section 33334.2(x), the twenty percent (20~) allocation of low- and moderate-income housing funds need not be made if the Commission determines that some stated percentage less than twenty percent (20$) of the taxes which are allocated to the Commission pursuant to Health and Safaty Code Section 33570 is sufficient to meet the housing needs of the community and .that such a finding is consistent with the housing element of the community's general plan. WHEREAS, pursuant to subdivision (3) of Health and Safety Code Section 33334.2(x), the twenty percent (20~) allocation of low- and .moderate-income housing funds need not be made if the Page 2 of 9 Reso. 90-7 Commission finds that the community is making a substantial effort to meet its existing and projected housing needs, including its share of the regional housing needs, with respect to persons and families of low- and moderate-income, particularly very low income households as identified in the housing element of the community's general plan, and that this effort, consisting of direct financial contributions of local funds used to increase and improve the supply of housing affordable to persons and families of low- or moderate-income and very low-income households, is equivalent in impact to the funds otherwise required to be set aside pursuant to Health. and Safety Code Section 33334.2(x) and that the community has provided or ensured the availability of replacement dwelling units in accordance with Health and Safety Code Section 33410 ~ seg.; and WHEREAS, the Commission acknowledges that from the date of adoption of the Redevelopment Plan up until the 1985/86 fiscal year the Commission was not obligated to set aside any funds for low- and moderate-income housing purposes since (i) the provisions of Health and Safety Code Section 33334.2 were not applicable to the Redevelopment Plan during such period and (ii) since the provisions of Health and Safety Code Section 33334.6 which govern the Redevelopment Plan were not enacted until January of 1986; and WHEREAS for the 1985/1986 fiscal year and any subsequent fiscal yeas, the Commission was entitled to make certain findings Page 3 of 9 Reso. 90-7 and determinations in accordance with the provisions of Health and Safety Code Section 33334.6(d) and (e) as to the existence of any existing obligations or programs and to the extent it was able, the Commission previously made such findings and determinations and accordingly, the Commission was not required to set aside all amounts for low- and moderate-income housing purposes as otherwise required pursuant to Health and Safety Code Sections 33334..2 or 33334.6; and WHEREAS, on January 1, 1990, the Legislature enacted Assembly Bill 2080 (as found in Stats 1989, Chapter 1140) which retroactively required that any amounts which had not otherwise been set aside by the Commission because of the exceptions provided in Health and Safety Code Section 33334.6(d) or (f) would, from the 198.5/86 fiscal year onward, constitute a deficit of the Commission; and .WHEREAS, notwithstanding the Legislature's enactment of Assembly Bill 2080, the Commission could make one of the .findings set forth in Health and Safety Code Section 33334.2(x) in order to justify depositing less than the twenty percent (20$) of the tax increment revenues allocated to the Commission pursuant to Health and Safety Code Section 33670 into its low- and moderate-income housing fund; and Page 4 of 9 fteso. 90-7 WHEREAS, the City has previously caused the establishment of a developer 10in lieu'0 housing fee program pursuant to which the City has generated substantial revenues which have been allocated to the provision of housing, including low- and moderate-income housing, within the community; and WHEREAS, the City and the Commission have also caused the adoption of the Petaluma Community Redevelopment Project which provides for the allocation of twenty percent (20~) of the tax increment revenues attributable to such Project, for low- and moderate-income housing purposes; and WHEREAS, the Project Area contains very little housing and most of the occupants and users of the Project Area reside outside of the Project Area and accordingly the Project Area does not require the e~cpenditure of revenues for low- and moderate- income housing purposes; and WHEREAS, in light of (i) the revenues available through the City's "in lieu°i development housing fee program, (ii) the availability of the twenty percent (20~) set aside revenues attributabl®. to the Petaluma Community Redevelopment Project and (iii) the lack of need of low® and moderate-income housing in the Project Area, the Commission has been and is making a substantial effort to meet its low® and moderate®incom® housing requirements for the Central Business District Redevelopment Project Area; and Pag® 5 of 9 Reso. 90-7 WHEREAS, the Commission deems it appropriate at this time to make certain findings and determinations in accordance with the provisions of Health and Safety Code Section 33334.2(a) as to the substantial effort being made within the community to improve, increase and preserve the supply of low- and moderate-income housing in a manner which would benefit the Project Area; and WHEREAS, Commission Staff has submitted certain documentation to the Commission which supports the proposed findings of the Commission and recommends that the Commission be authorized to use moneys otherwise required to be set. aside pursuant to Section 33334.6(c) for other purposes consistent with the terms and provisions of the Redevelopment Plan. NOW THEREFORE BE IT RESOLVED BY THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION AS FOLLOWS: Section 1. The Commission hereby finds and determines that: (a) The community has made and is making a substantial effort to meet its existing and projected housing needs, including its share oP regional. housing needs, with respect to persons and families of low- and moderate-income, particularly very low-income households, as identified in the Petaluma General Plan and this effort, consisting of the us® of low- and moderate®income housing funds attributable to the Commission's 1988 Petaluma Community Pag® 6 of 9 Reso. 90-7 Redevelopment Project Area and the use of '°in lieu " development housing fees collected by the City, is equivalent in impact to the funds otherwise required to be set aside pursuant to Health and Safety Code Section 33334.6(c). (b) There currently exists within the Project Area very few residential units and the need to use moneys for low- and moderate-income housing purposes within the Project Area for such units is very limited since most of the Project Area is zoned for commercial and industrial uses. (c) The community has .provided or ensured the availability of replacement dwelling units as defined in Health and Safety Code Section 33410 e~ sea. (d) Because of the City's prior use of "in lieu10 development fees for low and mod®rat®~incom® housing purposes as well as the Commission°s set aside of revenues from the 1988 Petaluma Community Development Project, the. Commission has met its obligations with respect to th® set aside requirements for the Project Area for the years subsequent to the 1985/86 fiscal year. (e) For the foregoing reason®, the Commission recommends that it is unnecessary to set aside twenty percent (20~) of all taxes that are allocated to the Commission pursuant to section 33670 attributable to the Project Area for the purposes of Page 7 of 9 Reso. 90-7 increasing, improving and preserving the community's supply of low- and moderate-income housing available at affordable housing costs to persons and families of low- and moderate-income and very low income households. Section 2. The Commission further finds and determines that for the reasons set forth in Section 1 hereof, no state. policy as found in the Community Redevelopment Law will be contravened by the failure to set aside twenty percent (20~) of all taxes which are allocated to the Commission pursuant to Section 33670 for the purposes of providing low- and moderate-income housing within the Project Area and the community. Section 3. The Commission hereby accepts the recommendations of Commission Staff as contained in that certain documentation as submitted to the Commission, incorporated herein by this reference, regarding the use of certain revenues and the provision of affordable housing for low- and moderate-income families and very low income families within the Project Area. The city Council is hereby requested to concur with such recommendation and to authorize the use of such Commission revenues either insid® or outside of the Project Area. Page 8 of 9 Reso. 90-7 - Section 4. The Secretary of the Commission is hereby authorized and directed to transmit a copy of this Resolution to the City Council of the City of Petaluma for appropriate action. ;~~ ADOPTED this y7th day of December 1990, by the following vote: Commissioner Balshaw Sobel Davis Woolsey AYE X) ~ X1 (~ ~~ xl ~~ NO ABSENT ~~ t ~ ~ t ~ Tencer Vice Chair Cavanagh Chairman Hilligoss PET00004\Q01 Page 9 of 9 Reso. 90-7