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Home My Public Portal About2009.045 - LRA (09-01-09) RESOLUTION NO. 2009.045 A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD APPROVING A REPLACEMENT HOUSING PLAN FOR THE ACQUISITION OF 4317 CARLIN AVENUE, 4327 CARLIN AVENUE, 4331 CARLIN AVENUE AND 12139 ATLANTIC AVENUE WHEREAS, the Lynwood Redevelopment Agency ("Agency") has been duly created, established and authorized to transact business and exercise its power under and pursuant to the Community Redevelopment Law (part 1 of Division 24 of the Health and Safety Code of the State of California) (°CRL); and .• WHEREAS, the Agency is engaged in activities necessary to carry out and implement the Redevelopment Plan for the Project Area "A" Redevelopment Project ("Project"), and has adopted an Implementation Plan for the Project Area "A" Redevelopment Project in accordance with California Health and Safety Code Section 33490 (the "Implementation Plan"; and WHEREAS, the Agency's Implementation Plan` for Project Area "A" includes the acquisition of real property as one of the proposed redevelopment activities to create affordable housing; and WHEREAS, the Agency has identified the acquisition of 4317 Carlin Avenue, 4327 Carlin Avenue, 4331 Carlin Avenue and 12139 Atlantic Avenue located within the Park Place project site (formally Whispering Glen), conforms with the goals of the Implementation Plan; and WHEREAS, Section 33413 (a) of the California Redevelopment Law stipulates that whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low and moderate income housing market as part of the Project the Agency shall, within four (4) years of such destruction or removal, rehabilitate, develop or construct, or cause to be rehabilitated, developed or constructed, for rental or sale to person and families of low or moderate income an equal number~of replacement dwelling units at affordable housing costs within the City. WHEREAS, pursuant to Health and Safety Code Section 33413.5 the Agency has prepared a Replacement Housing Plan to identify the Agency's replacement housing obligations; and WHEREAS, the Agency can replace residential units housing persons and families of low and moderate income through the housing project at 3250 Magnolia Avenue and 11300 Atlantic Avenue that would meet the requirements under section 33413(a) of the Health and Safety Code. NOW THEREFORE, THE LYNWOOD REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Agency hereby approves the Replacement Housing Plan in the form attachment hereto as Attachment No. 1. Section 2. That this resolution shall take effect immediately upon approval by majority vote of the members of the Agency. PASSED, APPROVED and ADOPTED this 15~ day of September, 2009 ~Cc..~ Mari T. Santillan Chair ATTEST: ~ ~~ Maria Quinonez Secretary Roger L. Haley Executive Director APPROVED AS TO FORM: Fred Galante Agency Counsel APPROVED AS TO CONTENT: Sara M. ~ hers Deputy Executive Director STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, Secretary of the Lynwood Redevelopment Agency, do hereby certify that the foregoing Resolution was passed and adopted by the Agency at its regular meeting held on the 1St day of September, 2009. AYES: MEMBER CASTRO, FLORES, MORTON, RODRIGUEZ, AND SANTILLAN NOES: NONE ABSENT: NONE ABSTAIN: NONE ~ ~ Maria Quinonez, Secretary STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, Secretary of the Lynwood Redevelopment Agency, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2009.045 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 1St day of September, 2009. Maria Quinonez, Secretary ..n, .'.:s .-.•v~ lac an ~~~ ~~° P~~~~ (formerly Whispering Glen Housing Project) Lynwood Redevelopment Agency 11330 Bullis Road Lynwood, CA 90262 -r_a:,":.~m^k~a-m~,.^....~••..^.:"..:"~;:---'~~"~.r.,s:'.~a ~.`r. ~R~~+a-_.;-L5~3-°"-...Y:.~~Y......t:`.~.~~-"A-Z'>L''~e~':`+.~~+`.3Y.'"~".''~-u0:4x Prepared by I~e1 Richardson & Associates, Inc. t~ugust 2009 Parl< Place Replacement Housing Plan INTRODUCTION ............................... .................................. ................................ 3 II. DEFINITIONS ................................................... ....................................................... 4 III. PURPOSE OF THE PLAN ............. ............................................. .......................... 6 IV. GENERAL LOCATION OF HOUSING .......................................... ................................ 9 V. METHOD OF FINANCING ................................. ......................................................10 VI. COMPLIANCE WITH STATE LAW ............. .............................. ............................ 10 VII. COMPLIANCE WITH ARTICLE XXXIV OF THE CALIFORNIA-CONSTITUTION .............. 10 VIII. PROVISION FOR PUBLIC REVIEW AND COMMENT ................................................11 Exhibits Project Area Map Agency Adopted Rules and Regulations for Implementation of the California Relocation Assistance and Real Property Acquisition Law Del Richardson & Associates, Inc. Page 2 of 11 Park Plaoe Replacernent Housing Plan INTRODUCTION This Replacement Housing Plan has been prepared pursuant to Section 33413 (a) of the California Health and Safety Code. Section 33413(a) provides, in relevant part, that whenever dwelling units housing persons and families of low and moderate income housing as part of a redevelopment project which is subject to a written agreement with the Agency or where financial assistance has been provided by the Agency, the Agency will, within four years of the destruction or removal, rehabilitate, develop or construct or cause to be rehabilitated, developed or constructed for rental or sale to persons of low and moderate income, an equal number of replacement units which have an equal or greater number of bedrooms as those destroyed or removed at affordable housing cost within the jurisdictions of the Agency. The replacement dwelling units shall be available at affordable housing costs to persons in the same or a lower income category (low, very low, or moderate) as the persons displaced from those destroyed or removed units. If the proposed replacement dwelling units are to be located outside of the project area in which they were removed, the Agency will cause to be developed two units for each unit that otherwise would have been required to be available inside a project area. The Agency may replace destroyed or removed dwelling units with a fewer number of replacement units if the number of bedrooms in the replacement units are equal to or exceed the number of bedrooms being removed and the replacement units are affordable to and occupied by the same income level of households as the removed units. This requirement is separate from the requirement for residential relocation. The Redevelopment Plan for the Project Area "A" was adopted by the City of Lynwood City Council in July 1973 and amended in December 1980 by Ordinance No. 1111. This document constitutes the Replacement Housing Plan for Park Place, an affordable multi-family rental housing development. The Replacement Housing Plan will guide and facilitate the rehabilitation or construction of five units of replacement housing for persons or families of low/moderate income in accordance with the requirements of the Redevelopment Plan, The replacement dwelling units shall be available at affordable housing costs and constructed in accordance with relevant provisions of the Community Redevelopment law and this Plan. The vacant units formerly housing persons or families of low/moderate income shall also be replaced according to the provisions herein and shall be available and affordable to persons or families of the same income categories as those that previously occupied the removed dwelling units. The persons displaced from their dwelling units by the Project Area "A" shall receive priority for occupancy in the rehabilitated or constructed "replacement dwelling Del Richardson & Associates, Inc. Page 3 of 11 Park Place Replacement Housing Plan units". The proposed Park Place Housing Project site is located!in the Redevelopment Project Area "A". The total development site is approximately 4.28 acres and located at 4317 Carlin Avenue, 4325 Carlin Avenue, 4327 Carlin Avenue, 4329 Carlin Avenue, 4331 Carlin Avenue, 12139 Atlantic Avenue, 12141 Atlantic Avenue, 12217 Atlantic Avenue and 12225 Atlantic Avenue in Lynwood, California. There are nine parcels at the subject development site that are comprised of four residential dwelling units, three undeveloped vacant parcels and two commercial developed parcels. A Relocation Plan has been prepared and approved by the Agency staff. At the time of the preparation, there were two occupied tenants and three homeowner households. Since that time, the Agency has relocated all of the household occupants to comparable replacement housing and only two non residential occupants remain on the site. This Replacement Housing Plan will guide and facilitate the Agency's efforts to rehabilitate, develop or construct, or cause to be rehabilitated, developed or constructed, replacement housing for persons of families of low or moderate income in accordance with the requirements of state law. I1. DEfINITIOPIS The following definitions will govern the meaning and interpretation of this Plan unless the context otherwise requires: Affordable Rent Persons and families of extremely low income and very low income household shall have the same meanings as defined by the Health and Safety: Code and other state and local laws and regulations pertinent thereto. Affordable Owner-Occupied Housing Cost Section 50052.5 of the California Health and Safety Code states that for any owner- occupied housing, "affordable housing costs" shall not exceed the following: 1) For very low income households the product of 30 percent times 50 percent of the area median income adjusted for family size appropriate for; the unit. 2j For lower income households whose gross incomes exceed: the maximum income for very-tow income households and do not exceed 70 percent of the area median income adjusted for family size, the product of 30 percent times 70 percent of the area median income adjusted for family size. In addition„ for any lower-income household that has a gross income that equals or exceeds X70 percent of the area median income adjusted for family size, it shall be optional for any state or local Del Richardson ~ Associates, Inc. Page 4 of 11 Park Place Replacernent Housing Plan funding agency to require that affordable housing cost not exceed 30 percent of the gross income of the household. 3) For moderate-income households whose gross incomes exceed the maximum income for lower-income households and do not exceed the 1.10 percent of the area median income adjusted for family size, the product of 35 percent times 110 percent of the area median income adjusted for family size appropriate for the unit. In addition, for any moderate-income household that has a gross income that equals or exceeds 110 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 35 percent of the gross income of the household. Affordable Renter-Occupied Housing Cost Section 50053 of the California Health and Safety code states that for any rental housing development, "affordable rent," including a reasonable utility allowance, shall not exceed: (1) For very-low income households, the product of 30 percent times 50 percent of the area median income adjusted for family size appropriate for the unit. (2) For lower-income households whose gross incomes exceed the maximum income for very-low-income households, the product of 30 percent times 60 percent of the area median income adjusted for family size appropriate for the unit. In addition, for those lower-income households with gross incomes that exceed 60 percent of the area median income adjusted for family size, it shall 6e optional for any state or local funding agency to require that affordable rent be established at a level not to exceed 30 percent of gross income of the household. (3) For moderate-income households, the product of 30 percent times 110 percent of the area median income adjusted for family size appropriate for the unit. In addition, for those moderate-income households whose gross incomes exceed 110 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable rent be established at a level not to exceed 30 percent of gross income of the household. Agency Lynwood Redevelopment Agency, Lynwood, California. City City of Lynwood, California. Del Richardson & Associates, Inc. Page 5 of 11 Park Place Replacement Housing Plan Extremely Low Income and Very Low Income Incomes not exceeding 30% and 50% of median income, respectively. Moderate Income and Low Income Shall have the same meaning as set forth in the Health and Safety Code Section 50093. The Plan Park~Place Replacement Housing Plan. Project Area The area included within the boundaries of the Redevelopment'Project Area "A". Redevelopment Plan The Redevelopment Plan for the Project Area "A" was adopted in July 1973 and amended in December 1980, Ordinance No. 1111 by the City Council of Lynwood. Replacement Dwelling Unit The dwelling unit rehabilitated, developed or constructed ,in replacement of a dwelling unit destroyed or removed from the low/moderate income housing inventory by the Agency which is decent, safe and sanitary and contains at least the same number of bedrooms and other living areas as the dwelling unit destroyed or removed by the Agency. The replacement dwelling unit maybe rental or sale. Site The development area included within the boundaries of Redevelopment Project Area „A,'. III. PURPOSE OF THE PLAN The Agency proposes to implement the Redevelopment Plan for Project Area "A" by assisting in the construction of the following developments: Timing: Replacement units shall be completed not later than four years from the removal or demolition of the units. 1The removal of the residential units were completed by December 2006 and it is anticipated the replacement units be completed and available for occupancy by December 2010. Income: All replacement units shall be affordable to persons and families of low or moderate income. Pursuant to the Project Area "A" Redevelopment Plan, at least 15% of the replacement units shall be affordable to persons and families of low income. As to units occupied by elderly households, the replacement units shall be Del Richardson & Associates, hx. Page 6 of lfl Park Place Replacement Housing Plan made affordable in equal number to the nurnber of low income units removed. The Replacement Housing Rules for the Project Area "A" Redevelopment Project further require units to be replaced in equal number to the very low, low and moderate income units removed. Units vacant at the time of removal wilt be treated as very low income units unless information is available which demonstrates otherwise. Size: The replacement housing units shall contain at least the same number of bedrooms as the dwelling units destroyed or removed by the Agency. The actual number of bedrooms removed is 14 and which constitutes the Agency's replacement obligation. For purposes of calculating the number of replacement housing units produced by the Agency, studio and single room occupancy units will be treated as a one bedroom unit in the event the Agency elects to produce less than the total number of units removed. Preference of Displacee: Those persons and families of low or moderate income who were displaced as a result of the project shall be provided with preferences in renting or purchasing the replacement housing units. The following chart outlines the actual number of units to be destroyed or removed and the replacement housing to be provided: DWELLING UN175 REMOVED OR DESTROYED ~ ~ ~ ,- ~ a, ~,~._ ~ ,Location mti ~x.,a~ '~ ~~Numbe of Units ~ . 4 ~, z , ,t <tw?~~~Remo ed =~~ ~Numhe~'' 'g'"~ ~„~°° r kof= edrooms , ~t i-~~~~~-~; 4317 Carlin Avenue 1 3 4327 Carlin Avenue 2 5 4331 Carlin Avenue 1 3 12139 Atlantic Avenue 2 ~ 3 Der Richardson & Associates, Inc. Page 7 of 11 Park PlaceRepVacement Housing Plan PLANNED REPLACEMENT HOUSING UNITS 3250 Magnolia Avenue 11300 Atlantic Avenue 8* 8* * There are currently 7 very low units available. Staff is -negotiating one additional unit within the project to meet the replacement housing Pursuant to California Health and Safety Code Section 33418, the Agency shall monitor on an ongoing basis, any housing affordable to persons~and families of low or moderate income developed or otherwise made available pursuant to this Replacement Housing Plan. The Agency shall require owners or managers of the housing'.. to submit an annual report to the Agency. For rental housing, the annual report to' the Agency must set forth the rental rate, income, and family size of the occupants of each unit (with the income information certified by each occupant). For owner-occupied housing, the owner's annual report to the Agency must disclose whether there was an ownership change during the year and, if so, the income and family size of the new owner. The Agency may impose fees on the owners of the monitored property to defray the cost of this monitoring system. The information obtained from this monitoring system shall be included in any reports required by law to be submitted'to the Department of Housing and Community Development or the Controller. The Agency is committed and statutorily required to set aside. 20 percent of all tax increment for the purpose of increasing and improving the community's supply of available low-and moderate-income affordable housing. In meeting this goal, the Community Development Department is empowered to acquire land or building sites and improve land or building sites with onsite or offsite improvements. All redevelopment projects undertaken by Lynwood Redevelopment Agency are consistent with policies approved by the City of Lynwood, as', well as the State of California and/or Federal relocation regulations, as appropriate. Should the Agency build or otherwise assist in the creation of affordable housing in the territorial jurisdiction of the Agency, it will do so in accordance with California Health and Safety Code Section 33413(b). The Agency will insure that adequate funds to relocate all the residential households will be provided to ensure that displacement does not result indifferent or separate treatment of household based on race, nationality, color, religion, national origin, sex, marital status, disability or any other basis protected by the ;Federal Fair Housing Amendment Act; the Americans with Disabilities Act, Title VI of the Civil Rights Act of Del Richardson & Associates, inc Page 8 of tl Park Place Replacement Flouring Flan 1964; Title Vlfl of the Civi! Rights Act of 1968, the California Fair Employment and Housing Act and the Unruh Act, as well as any other arbitrary or unlawful discrimination. The Agency will be responsible for providing relocation assistance and payments to site occupants displaced by the Project's redevelopment activities. The Agency will meet its relocation responsibilities through the use of its staff, supplemented by assistance from consultants. IV. GENERAL LOCATION OF REPLACEMENT HOUSING UNITS The location of the replacement dwelling units constructed or rehabilitated will be located at 3250 Magnolia Avenue and 11300 Atlantic Avenue, Lynwood, California in the Project Area "A" Redevelopment Project. In response to the further obligations imposed upon the Agency as a result of litigation initiated against it in the matter of Rogel, et al vs. Redevelopment Agency of the City of Lynwood, LASC Case No. BS 106592, the Agency recognizes its obligation to provide replacement units for those units demolished from the Site. To address this issue, the Agency has prepared and will implement this Replacement Plan using the best information available to it in its good faith effort to comply with the Agency's replacement housing obligations. During the public review period of this Replacement Plan, the Agency welcomes any input from interested persons that may better define the background information necessary to best implement the replacement housing obligations herein. Although the Agency may have already effected the development of those replacement dwelling units described above to address the obligations provided herein, the Agency nevertheless wishes to adopt this Replacement Plan out of an abundance of caution to assure compliance with its replacement housing obligations. Indeed, to date, the Agency has pursued an ambitious program of developing replacement housing units through the use of its Low and Moderate Income Redevelopment Set Aside, HOME, CDBG and other funding opportunities. Most recently, the Agency is the recipient of funds under the Neighborhood Stabilization Program ("NSP") from the Federal government (HUD) authorized under Title III, Section B, of the Housing and Economic Recovery Act of 2008 (HR 3221) for the further implementation of programs to assist qualified income-restricted families, including to acquire and rehabilitate housing units to such families. With the use of these funds, the Agency has and will continue to aggressively pursue opportunities to develop housing units for very low, low and moderate income households, as defined in Redevelopment Law (Health & Safety Code Sections 33000 et seq.) as expeditiously as possible, but within the timelines provided thereunder. Del Rkhardson & ~ssocia[es, Inc. Page 9 of 11 Park Place P,eplacement Housing Plan The Agency will require the recordation of a covenant against any replacement housing units requiring at least 55 years of very low income affordability, as required by Community Redevelopment Law. Moreover, the Agency in accordance with California Health and Safety Code 33418 monitors on an ongoing basis, any housing affordable to persons and families of low or moderate income developed or otherwise made available pursuant to agreements with the Agency. V. METHOD OF FINANCING The Agency is authorized to finance projects developed under; replacement housing plans with the assistance of the City of Lynwood; the Federal Government, the State of California Agency bonds and tax increment and or other available resources. The funding for the subject replacement housing units is a" combination of 20% housing bonds and HOME funding. VI. COMPLIANCE WITH STATE LAW Section 33413(a) of the California Health and Safety Code provides as follows: "Whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low and moderate income housing market as par[ of a redevelopment project. which is subject to a written agreement with the Agency or where financial assistance has been provided by the Agency, the Agency shall, within four years of the destruction or removal, rehabilitate, develop or construct, or cause to be rehabilitated, developed or constructed, for rental or sale to persons and families of low or moderate income, an equal number of replacement dwelling units that have an equal or greater number of bedrooms as those destroyed or removed units at affordable housing costs within the territorial jurisdiction of the Agency. When dwelling units are destroyed or removed after September 1, 1989, 75 percent of the replacement dwelling units shall replace dwelling units available at affordable housing cost in the same income level of very low income households, lower income households, and persons and families of low and moderate income, as the persons displaced from those destroyed or removed units." Section 33143(c) of the California Health and Safety Code provides as follows: "The Agency shall require the aggregate number of rep/acement dwelling units and the dwelling units rehabilitated, developed or constructed pursuant to subdivision (aj or (bJ remain available at affordable housing cost to persons and families of low income, moderate income, and very law income househo/ds, respectively, for the longest feasible time, as determined by the Agency, but for not less than the period of the land use controls established in the Redevelopment Plan, except to the extent a longer period of time may be required by other provisions of law. If land on which those dwelling units are located is i deleted from the project area, the Agency shall continue to require that those units remain affordable as specified in the previous sentence. These requirements shall be made enforceable in the same manner as provided in subdivision (eJ or Section 33334", VII. COMPLIANCE WITH ARTICLE XXXIV OF THE CALIFORNIA ,CONSTITUTION Article XXXIV of the California Constitution requires voter approval of all low-rent Del Richardson & Associates, Inc Page 10 of 11 EXHIBIT A PROJECT AREA MAP Park Place Replacement Housing Plan housing projects that are developed, constructed, or acquired by a public entity. Under Section 37001 of the Califiornia Health and Safety Code, this project is not a "low-rent housing project" as defined in Section 2 of Article XXXIV of the California Constitution because the housing units are being developed to replace dwelling units previously or currently occupied by lower-income households. The proposed replacement housing does not require the approval of voters pursuant to Article XXXIV of the California Constitution. VIII. PROVISION FOR PUBLIC REVIEW AND COMMENT Pursuant to California Redevelopment Law (Health and Safety Code Section 33413.5), the draft Replacement Housing Plan will be made available for review and comment by the general public and relevant agencies at the Office of the City Clerk located at 11330 Bullis Road, Lynwood, CA 90262. Publication of a notice of the Plan's availability will be given in a newspaper of general circulation within a reasonable time prior to the Redevelopment Agency's adoption of the Plan. Del Richarr)son & Associates. inr. ~ Exhibit A PROJECT AREA MAP ~ar~ ~~ace project Area li~Iap i'tlfiic~th Argnj4itiun ~llNnrifr t e.ea gacti 1.,wls .....NtA: .. rv 1 It pai ~ t+rntfusl liar _.~. ~~ ._ ~~_ ~.. ~~I,, ~.It,il„r ,. ltll,:.e;,,t~, ~~_;,. - a ~1~-. 4, i ut; ~* ~ 7 ., , ~. "~ ; 1 i 1 ~ .AL .~ t Replacement Housing Plan For Parla Place DN Richardson R, Associates, Inc. ®~l~ ~1 `vF e - ~ ko~ _ o ~ £` F 9 m ~~5~~~~. ~ € " es~= s ND _ ~~ g _- - ~~ a. ~~ ;t; ~ x~ 1gf '~'Y 4 p :1' ~ G ~~" 9 ~4:. e., r,.6~:A