CC Resolution 11224RESOLUTION NO. 11224
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE
SALE OF THREE RESIDENTIAL CONDOMINIUM UNITS AT 21 NORTH SECOND STREET
BY THE CITY OF CAMPBELL REDEVELOPMENT AGENCY TO QUALIFIED AFFORDABLE
HOMEBUYERS FOR PURPOSES OF PROVIDING AFFORDABLE HOUSING, AND MAKING
STATUTORY FINDINGS IN CONNECTION THEREWITH
WHEREAS, the City Council (the "City Council") of the City of Campbell adopted the Central
Campbell Redevelopment Plan by Ordinance No. 1461 on June 21, 1983, as amended by
Ordinance No. 1830, adopted on January 15, 1991, as further amended by Ordinance No.
1860, adopted on June 16, 1992, as further amended by Ordinance No. 1912, adopted on
December 6, 1994 and as further amended by Ordinance 2028 adopted on February 18, 2003
(collectively, the "Redevelopment Plan"), establishing the Central Campbell Redevelopment
Project Area (the "Project Area"); and
WHEREAS, the City of Campbell Redevelopment Agency Board (the "Agency") is charged with
implementing the Redevelopment Plan as amended from time to time; and
WHEREAS, pursuant to Section 33433(c)(1) of the Community Redevelopment Law (Part 1 of
Division 24 of the Health and Safety Code of the State of California (the "Law")), the Agency is
authorized, with the consent of the City Council, to sell a "small housing project" as defined in
Section 33013 of the Law, consisting of real property containing a separate residential structure
having not more than four dwelling units, proposed to be conveyed to persons and families of
low or moderate income; and
WHEREAS, the Agency has used moneys in its Low and Moderate Income Housing Fund (the
Housing Fund") to acquire three existing condominium units at 21 North Second Street within
the Project Area, known as Units #311, 315, and 409 (the "Affordable Units"); and
WHEREAS, the Agency desires to enter into a purchase and sale agreement, resale restriction
agreement, notice of affordability restrictions, promissory note, deed of trust,
disclosure and related documents (the "Affordable Housing Documents") to complete the sale at
an affordable housing cost to a qualified low and moderate income households (each, an
"Affordable Homebuyer") of each of the Affordable Units; and
WHEREAS, pursuant to the Affordable Housing Documents, the Agency will sell the Affordable
Units to Affordable Homebuyers at an affordable housing price under the requirements of the
Law, and the Affordable Homebuyers and successor purchasers will be required, upon future
sales by them for the next 45 years, to sell the Affordable Units to income qualified homebuyers
at an affordable housing price; and
WHEREAS, based on the foregoing, each Affordable Unit constitutes a "small housing project"
within the meaning of Section 33013 of the Law which may be sold by the Agency to an
Affordable Homebuyer in accordance with the procedures set forth in Section 33433(c)(1) of
the Law; and
WHEREAS, the sale of the Affordable Housing Units by the Agency to Affordable Homebuyers
does not constitute any physical development or alteration, is not a project within the meaning of
the California Environmental Quality Act ("CEQA"), and is exempt from the requirements of
CEQA pursuant to 14 California Code of Regulations Section 15061(b)(3); and
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WHEREAS, by staff report accompanying this Resolution and incorporated into this resolution
by this reference, the City Council has been provided with additional information upon which
findings and actions set forth in the Resolution are based.
NOW, THEREFORE, BE RESOLVED AS FOLLOWS:
The City Council hereby finds that the above recitals are accurate.
Pursuant to Section 33433(c)(1) of the Law, the City Council hereby approves the sale of the
Affordable Units by the Agency to Affordable Homebuyers pursuant to the provisions of the
Affordable Housing Documents and the Law following conduct of an Agency public hearing and
in compliance with the requirements of Section 33433(c)(1) of the Law.
The City Manager or the City Manager's designee is hereby authorized and directed to file a
Notice of Exemption with respect to the actions set forth in this Resolution in accordance with 14
California Code of Regulations Section 15062.
The City Council designates the City Clerk and the Secretary of the Agency as the custodian of
the documents and other material which constitute the record of proceedings upon which the
decision herein is based. These documents may be found at the office of the City at Campbell
City Hall, 70 North First Street, Campbell, California 95008.
This Resolution shall take immediate effect from and after its passage.
PASSED AND ADOPTED, this 19th day of October, 2010 by the following vote:
AYES: Councilmembers Kotowski, Kennedy, Furtado, Baker, Low
NOES: Councilmembers None
ABSTAIN: Councilmembers None
ABSENT: Councilmembers None
ATTEST: ~ ti
Anne Bybee, City Clerk
~'~
APPROVED: ; f ~~
Evan D. Low, Mayor
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