Resolution No. 6248437
RESOLUTION NO. 6248
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND
HABITAT FOR HUMANITY OF ORANGE COUNTY
WHEREAS, the Cypress Redevelopment Agency ( "Agency ") is a public body,
corporate and politic, organized and existing under the California Community
Redevelopment Law (Health & Safety Code §33000 et seq.) ( "CRL "); and
WHEREAS, by previous action duly and regularly taken, the City of Cypress
( "City ") adopted the Redevelopment Plan for the Cypress Merged and Amended Project
Area as amended from time to time ( "Redevelopment Plan "), which Redevelopment
Plan delineates the Cypress Merged and Amended Project Area ( "Project Area "); and
WHEREAS, Agency staff has negotiated a Disposition and Development
Agreement ( "DDA ") by and between the Agency and Habitat for Humanity of Orange
County, a California nonprofit public benefit corporation ( "Developer"), relating to that
certain real property owned by Agency comprising approximately 1 acre of land area
located at 6122 Lincoln Avenue within the Project Area ( "Site "); and
WHEREAS, the DDA provides for Agency to convey the Site to Developer to
facilitate the development of an affordable residential townhome project on the Site
( "Project "), which Project is consistent with the Redevelopment Plan for the Project
Area; and
WHEREAS, Health and Safety Code Section 33433 requires that the Agency
prepare a Summary Report prior to disposing of property located in a redevelopment
project area and that the Agency Board and City Council conduct a noticed joint public
hearing with respect to the DDA, and that the approval of the DDA be accompanied by
certain findings and determinations as set forth herein; and
WHEREAS, a Summary Report for the DDA has been prepared and, on the 23rd
day of May, 2011, the Agency Board and the City Council held a joint public hearing on
the proposed DDA at which time the Agency Board and the City Council reviewed and
evaluated all of the information, testimony and evidence presented during the public
hearing; and
WHEREAS, City staff has prepared a Categorical Exemption for the proposed
Project in accordance with the provisions of the California Environmental Quality Act
and the State CEQA Guidelines; and
WHEREAS, City staff recommends that the City post and record the Categorical
Exemption for the proposed Project in compliance with the California Environmental
Quality Act and the State CEQA Guidelines.
NOW THEREFORE, the City Council of the City of Cypress hereby resolves as
follows:
1. That the above Recitals are true and correct and incorporated herein and
made a part hereof.
2. That the City does hereby find and determine as follows:
a. The DDA effectuates the purposes of the CRL and the
Redevelopment Plan, is in the best interests and welfare of the City of Cypress, and is
of benefit to the Project Area and the City of Cypress.
b. The Agency's conveyance of the Site to Developer will result in the
development of fifteen (15) affordable townhome units.
c. The Agency's conveyance of the Site is consistent with the
Agency's adopted 2010 -2014 Implementation Plan, in that (i) the pursuit of residential
development of the Agency owned Site is specifically referred to in the Implementation
Plan (Ch. IV, § 2.C), (ii) the promotion of affordable housing projects and programs to
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enhance and increase the community's supply of quality affordable housing is
specifically addressed in the goals and objectives of the Implementation Plan (Ch. IV,
§§ 2.A, 2.B, and 2.C; Ch. V, § 2), and (iii) the Implementation Plan identifies programs
specifically proposed to increase the supply of affordable housing and to eliminate
blighting conditions (Ch. IV, § 4.A, and Ch. V, § 5.B).
d. The consideration for the Agency's disposition of the Site to
Developer is not less than the fair re -use value of the Site with the covenants,
conditions, and development costs required by the DDA.
3. That the DDA by and between Agency and Developer, a copy of which is
on file with the City Clerk, is hereby approved.
4. That the City Council consents to the authorization and direction given by
the Agency to the Agency Chairperson to sign the DDA on behalf of the Agency, and
the authorization and direction given by the Agency to its Executive Director to take
such other and further actions as may be necessary and proper to carry out the terms of
the DDA and the purpose of this Resolution, including but not limited to signing such
other and further documents, including the documents attached as exhibits to the DDA.
5. That the City Council, in the exercise of its independent judgment, has
considered the Categorical Exemption prepared for the Project and finds that it reflects
the independent judgment and analysis of the City Council and that it was prepared in
accordance with the requirements of the California Environmental Quality Act. Based
on that independent review and analysis, the City Council hereby approves the
Categorical Exemption prepared for the Project. The City Council authorizes and
directs staff to promptly file a Notice of Exemption with the County Recorder.
PASSED, APPROVED AND ADOPTED
Cypress at a regular meeting held on the 23`d day
ATTEST:
PILAL 60,-1/11
CITY CLERK OF THE CITY OF CYPRESS
t - City Council of the City of
y, 2011.
THE CITY O CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at a regular meeting of the said City
Council held on the 23rd day of May, 2011, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Seymore and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CITY CLERK OF THE CITY OF CYPRESS