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RES-ORA-0228 Redevelopment Agency Approving Replacement Housing PlanRESOLUTION NO. ORA- 0228 A RESOLUTION OF THE ORANGE REDEVELOPMENT AGENCY APPROVING THE REPLACEMENT HOUSING PLAN IN CONNECTION WITH THAT CERTAIN PROPERTY COMMONLY KNOWN AS 4649 EAST WALNUT, ORANGE, CALIFORNIA WHEREAS, California Health and Safety Code Section 33334.2 and the Redevl~lopment Plan for the Tustin Street Redevelopment Project Area (the "Project Area") as adopted and thereafter amended by the City Council of the City of Orange authorize and direct the Orange Redevelopment Agency (the "Agency") to expend not less than twenty percent 20%) of all taxes which are allocated to the Agency pursuant to California Health and Safety Code Section 33670 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 or moderate income and very low income; and WHEREAS, pursuant to California Health and Safety Code Section 33334. 2 the Agency has established Low- and Moderate-Income Housing Funds (the " Housing Funds") in connection with the Project Area; and WHEREAS, pursuant to California Health and Safety Code Section 33334.2 in carrying out its low- and moderate-income housing activities, the Agency is authorized to increase the community's supply of low- and moderate-income housing through development of affordable housing; and WHEREAS, the Agency is contemplating the acquisition of certain real property more commonly known as 4649 East Walnut, Orange (the "Property"); and WHEREAS, a building is situated on the Property which is vacant, is not offered for rent, has been vacant for a substantial period of time, and which was occupied as a residence by a household whose income is not known to the Agency; and WHEREAS, California Health and Safety Code Section 33314.5 provides, in part: 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 dt~velopment 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 n~solution a replacement housing plan; and WHEREAS, it is the intention of the Agency that the Property be used as a resource to directly or indirectly contribute toward the community's supply of housing available at affordable housing cost to persons and families of low, very WHEREAS, the proposed Replacement Housing Plan (the "Housing Plan"), as submitted herewith, has been available for public inspection for not less than 10 days prior to the considl~ration of this Resolution, and notice that this matter would be considered at the meeting of the Agency on August 27, 1991 was published on August 15, 1991 in the Orange City News. NOW, THEREFORE, THE ORANGE REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: 1. Based upon the staff report submitted in connection with this matter, the Agency finds and determines that the Property does not contain a dwelling unit the replacement of which is required pursuant to Section 33413.5 of the California Health and Safety Code. 2. The Housing Plan is approved. The Executive Director and the Agency staff are authorized and directed to carry out the provisions of the Housing Plan. ADOPTED this 27th day of AUQust 1991 ATTEST: hJ1~Jd~range evel m Agency I hereby certify that the foregoing Resolution was duly and regularly adopted by the Orange Redevelopment Agency at a regular meeting thereof held on the 27th day of AugUS.t , 1991 by the following vote: AYES: DIRECTORS: STEINER, BARRERA, CHAIRMAN BEYER i I NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE ABST AIN: DIRECTORS: COONTZ, RESO NO. ORA- 0228 1m: b: resomnc REPLACEMENT HOUSING PLAN FOR 4649 EAST WALNUT AVENUE INTRODUCTION The Orange Redevelopment Agency is contemplating the purchase of that certain property commonly known as 4649 East Walnut Avenue, Orange, California (the "Site"), as described in greater detail in Exhibit "A" hereto. There is, as of the date notice is first published of consideration of the acquisition of the Site, a building on the Site which at one time was last used as a single-family residence over two and one-half (2- 1/2)years ago. Based upon information provided by James Edward Mounce and Sandra Lynn Mounce, the current owners ("Owners")the building has been vacant for several years and has not been offered for rent.Based upon those factors, the staff is of the believe that the building is not part of the low- and moderate income housing market in that the building has not been occupied and has been off the market for over two and one- half (2-1/2)years, the Site is not offered for rent and the purchase price sought by the Owners for the Site is not consistent with the use of the existing building on the Site for low- or moderate-income housing.Nevertheless, should Section 33413. 5 of the Health and Safety Code ("Section 33413.5") be deemed to apply to the acquisition of the Site and the removal by the Agency of the building situated therein ( see attached copy of Section 33413.5), and further to set forth its intentions as to the use of the Site, the Agency staff submits this document for consideration entitled as " Replacement Housing Plan for the Mounce Property". Should Section 33413.5 be applicable, this Replacement Housing Plan constitutes the Orange Redevelopment Agency's fulfillment of the requirements of Article 9, Section 33413. That section requires the replacement of any low or moderate income dwelling unit removed as part of a project within a Redevelopment Project Area adopted or amended to add land, on or after January I, 1976. Section 33413.5 requires the Agency to adopt, by resolution, a plan for the replacement of such housing.This Replacement Housing Plan concerns the Tustin Street Project Area. The Redevelopment Plan for the Tustin Street Project Area was approved and adopted on December 6, 1983 and amended on June 21, 1988. The Redevelopment Plan includes the requirements for replacement housing provided in Section 33413.attachment This Replacement Housing Plan will cover housing removed and anticipated to be removed due to activity of the Agency in acquiring property. The Agency is currently negotiating a Purch.ase Agreement with the Owners. It is anticipated that the Agency will have agreements executed by September of 1991. I If the Agency proceeds to acquire the Site, it will purchase the building which was at one time used as a dwelling unit but is now vacant; the Agency will clear all improvements from the Site. Additionally, a caretaker who has resided at the Site in a camper on a temporary basis will not remain at the Site.If the building is removed, a good faith effort will be made to produce replacement housing within the required four-4) year period, financing permitting.LOCATION OF HOUSING OPPORTUNITIES In addition to describing the location of the dwelling unit which will be removed or destroyed as a result of the development activities proposed for this project, this Replacement Housing Plan also describes the general location and intentions for the development and construction of replacement housing and the timetable and means of financing such development and construction.The Orange Redevelopment Agency proposes the following plans for replacement of the housing removed by redevelopment activities. The Agency intends to negotiate with developers or market the Site for the development of affordable housing units.Depending upon density, cost, and other factors, it is possible that affordable housing units may be developed with or without financial participation by the Agency. For the Agency to participate financially in such development, there must be a demonstration that such participation is justified.In addition, the Agency has active programs for first-time homebuyers and mobilehome residents. The Agency provides financial assistance for the rehabilitation of rental and owner-occupied affordable housing. In addition, the Agency has caused the construction on an ongoing basis of affordable senior apartments; these will continue to be available.FINANCING OF DEVELOPMENT AND CONSTRUCTION OF REPLACEMENT HOUSING Obtaining financing for replacement housing units will be an important component of this Replacement Housing Plan.Financing for replacement units will rely upon private market financing and, if justified, some public participation.08/07/ 91 6405u/2359/000 2 - Funding assistance for financing the replacement units may come from two (2) basic sources: 1. Private capital; and/or 1- 2. Tax increment funds or proceeds of bonds or notes secured by tax increment funds. The Agency anticipates that all replacement units, whether rental or owned units, will be privately owned and that property taxes will be payable with respect to such units. At this time, public construction is not contemplated. Each project will be reviewed for conformity with the provisions of Section 37001 of the California Health and Safety Code. In addition to Health and Safety Code Section 33334.3 which provides for the assurance of affordability for certain periods, density bonuses may be considered with appropriate safeguards to assure the continued availability of dwelling units to the low or moderate income housing market. In addition, the Agency will actively pursue and encourage development of low or moderate income housing projects by providing potential developers with specific information on thoSE! sites best suited for housing. The Agency will consider providing below-market-rate financing for eligible projects through the sale of tax-exempt mortgage revenue bonds.The Redevelopment Agency may also need to commit increment funds to subsidize replacement housing to the extent provided by Section 33334.2 of the California Health and Safety Code.08/ 07/91 6405u/2359/000 3 - EXHIBIT "A" l' That portion of the West Half of Lot 13 in Block B of the I~and of Oge and Bond, County of Orange, State of California as shown on a Map recorded in Book 3, pages 430 and 431 of 1iscellaneous Records of Los Angeles County, California, described as follows: Beginning at a point in the South line of said Lot 13,distant thereon South 890 44' 11", East 497.21 feet from the Southwest corner thereof, and running thence North 00 02' 36" West 263.00 feet to a point in the North line of the South 4.00 acres of said West half; thence South 890 46' 29" East along said North line, 165.67 feet to a point in the East line of said West half; thence South 00 03' 28"East along said East line 263.1 feet to a point in the South line of said Lot 13; thence North 890 44' II" West along said South line, 165.73 feet to the point of beginning. I ' 08/ 07/ 91 6405u/2359/ 000 EXHIBIT "A"attachment Reso ORA-0228