R-046-12 Approving Development of Affordable Senior Housing- Adopted 7.17.2012

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I RESOLUTION NO. R-46-12 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, APPROVING DEVELOPMENT OF AFFORDABLE SENIOR 3 CITIZEN RENTAL HOUSING UNITS BY THE COLTON HOUSING 4 AUTHORITY 5 WHEREAS, the Colton Housing Authority ("Authority") owns certain real property generally located in the block bordered on the north by East E Street, on the east by North 9th 6 Street, on the south by East F Street and on the west by North La Cadena Drive, in the City of 7 Colton, California ("Property"); and 8 WHEREAS, Authority has negotiated the terms of that certain Disposition and Development Agreement (Colton Senior Complex) ("Agreement"), with Eagle Colton 55, 9 L.P., a California limited partnership ("Developer") providing for, among other things, the 10 transfer of the Property by Authority to Developer and Developer's construction on the Property of one hundred twenty (120) multi -family affordable senior citizen rental housing 11 units ("Project"); and 12 WHEREAS, the Agreement and the Project implement the goals and objectives of the Authority by addressing certain affordable housing needs of the City of Colton and will assist 13 the Authority in the provision of housing for persons of low income; and 14 WHEREAS, the City Council of the City of Colton has duly considered all of the 15 terms and conditions of the proposed Agreement and believe that the development of the Project pursuant to the Agreement is in the best interests of the City of Colton and the health, 16 safety, and welfare of its residents. 17 NOW, THEREFORE, THE COLTON CITY COUNCIL DOES RESOLVE AS 18 FOLLOWS: 19 SECTION 1. California Environmental Quality Act Compliance. The City Council's approval of the Agreement and adoption of this Resolution is exempt from the 20 California Environmental Quality Act (Pub. Res. Code § 21000 et seq.: "CEQA") because the 21 Agreement is a land acquisition agreement and the City has conditioned future use of the site on CEQA compliance. (14 C.C.R. § 15004(b)(2)(A).) The City's approval of this Agreement 22 does not constitute approval by the City of any site-specific development plan for the Property, or other activity on the Property, that would have a direct or reasonably foreseeable 23 indirect environmental impact pursuant to CEQA. (14 C.C.R. § 15378(b).) The City's 24 approval of the Agreement results in a mere transfer of the Property from the Authority to the Developer. As more fully explained in the Agreement, Developer's future use and/or 25 development of the Property is expressly conditioned upon CEQA compliance. The City shall conduct environmental review pursuant to CEQA prior to taking any discretionary 26 action with regard to any proposed development of the Property. Nothing in the Agreement 27 or this Resolution shall be construed to limit the City's discretion to consider and adopt any mitigation measure or project alternative, including the alternative of rejecting any proposed 28 development of the Property, as provided in section 21002 of the Public Resources Code. Following completion of the City's environmental review of any proposed development of the 111