HomeMy WebLinkAboutCC RESO 2004 - 45RESOLUTION NO. 2004 — 45
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING THE SALE OF REAL PROPERTY OWNED
BY THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY (CDC)
LOCATED AT 835 BAY MARINA DRIVE TO
OLSON URBAN HOUSING, LLC AND
MAKING CERTAIN FINDINGS IN CONNECTION HEREWITH
WHEREAS, the Community Development Commission of the City of
National City (the "CDC") is engaged in activities necessary to execute and implement
the Redevelopment Plan (the "Redevelopment Plan") for the National City
Redevelopment Project (NCRP); and
WHEREAS, in furtherance of the objectives of the California Community
Redevelopment Law (California Health and Safety Code Section 33000 et seq.), the
CDC desires to redevelop a certain approximately 1.26 acre portion of the NCRP area
located at 835 Bay Marina Drive (the "Site") which is owned by the CDC; and,
WHEREAS, the Implementation Plan adopted by the CDC with respect to
the NCRP area calls for the CDC's objective to "increase private investment wherever
possible, to promote jobs and improve the property and sales tax base of the City"; and
WHEREAS, the CDC and Olson Urban Housing, LLC (the "Developer"),
propose to enter into a Disposition and Development Agreement (the "Agreement")
pursuant to which the CDC would convey the Site to the Developer, and the Developer
would construct improvements on the Site consisting of forty (40) live/work townhome
loft residential units, and associated on- and off -site improvements (the "Project"); and
WHEREAS, pursuant to Section 33433 of the Community Redevelopment
Law, the CDC is authorized, with the majority approval of the City Council after public
hearing, to convey the Site for redevelopment purposes pursuant to the Redevelopment
Plan upon a determination by the City Council that the sale of the Site will assist in the
elimination of blight and that the consideration for such sale is not less than fair reuse
value in accordance with the covenants and conditions governing the sale and
development costs thereof; and
WHEREAS, pursuant to Section 33445 of the Community Redevelopment
Law, the CDC has determined that the Project is of benefit to the NCRP area, the area
in which it is proposed to be located; and
WHEREAS, a public hearing notice was duly noticed in accordance with
the requirements of Health and Safety Code Section 33433; and
WHEREAS, the proposed Agreement, and summary report meeting the
requirements of Health and Safety Code Section 33433, was available for public
inspection consistent with the requirements of Health and Safety Code Section 33433;
and
Resolution No. 2004 — 45
Page Two
WHEREAS, on March 23, 2004, the City Council and CDC held a joint
public hearing on the proposed Agreement and evaluated all of the information,
testimony, and evidence presented during the public hearing; and
WHEREAS, the CDC has reviewed the summary report required pursuant
to Health and Safety Code Sections 33433 and evaluated other information provided to
it pertaining to the findings required pursuant to Sections 33433 and 33445; and
WHEREAS, the sale of the Site pursuant to the proposed Agreement will
improve the quality of life of the residents of the City of National City and its visitors .
through the elimination of blight and the development of quality projects in the NCRP
area by providing for the reuse and redevelopment of a portion of the NCRP area which
formerly contained substandard industrial structures; and
WHEREAS, the value of the consideration for the Site, pursuant to
proposed Agreement will not be less than the fair reuse value of the Site as set forth in
the summary report completed per Section 33433; and
WHEREAS, the CDC has determined that the execution of the proposed
Agreement by and between the CDC and the Developer is not subject to the
requirements of the California Environmental Quality Act (the "CEQA") and that the
proposed Agreement does not constitute a "Project" as defined by CEQA due to the fact
that the proposed Agreement does not grant any approvals or authorizations for any
development or improvements on the Site without the necessary entitlements and/or;
and
WHEREAS, all actions required by all applicable law with respect to the
proposed Agreement has been taken in an appropriate and timely manner; and
WHEREAS, the CDC has duly considered all terms and conditions of the
proposed Agreement and believes that the disposition of the Site pursuant thereto is in
the best interests of the City of National City and the health, safety, and welfare of its
residents, and in accord with the public purposes and provisions of applicable state and
local law requirements.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
National City as follows:
Section 1. The City Council hereby finds and determines, based upon
substantial evidence provided in the record before it, that the consideration for the
disposition of the Site, pursuant to the terms and conditions of the proposed Agreement,
is not less than the fair reuse value of the Site in accordance with the covenants and
conditions governing the sale, and the development costs required under the proposed
Agreement.
Resolution No. 2004 — 45
Page Three
Section 2. The City Council hereby finds and determines, based upon
substantial evidence provided in the record before it, that the Project is of benefit to the
NCRP area, the area in which it is proposed to be located.
Section 3. The City Council hereby finds and determines that the disposition of
the Site pursuant to the proposed Agreement will eliminate blight within the Project Area
by providing for the reuse and redevelopment of a portion of the Project Area which was
declared blighted for the reasons described above.
Section 4. The CDC Executive Director is authorized to file a Notice of
Exemption with the County Clerk of the County of San Diego following adoption by the
CDC of the resolution approving the proposed Agreement.
Section 5. The CDC Chairman is authorized to execute the proposed
Agreement following adoption by the CDC of the resolution approving the proposed
Agreement.
Section 6. The City Council hereby finds and determines that the Agreement
is consistent with the Implementation Plan for the Redevelopment Plan.
PASSED and ADOPTED this 23rd day of March, 2004.
Nick Inzunza;'Mayor
ATTEST:
Michael R. Dal a, City Clerk
APPROVED AS TO FORM:
George H."Eiser, III
City Attorney