HomeMy WebLinkAboutCC RESO 2005 - 150RESOLUTION NO. 2005 — 150
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY APPROVING THE
HEALTH AND SAFETY CODE SECTION 33433 REPORT;
APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT
BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION,
PARKING AUTHORITY AND ARE HOLDINGS, LLC FOR DEVELOPMENT OF
THE COVE AT SAN DIEGO BAY PROJECT; APPROVING THE
PROJECT CONCEPT PLAN; AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Community Development Commission of National City
("CDC") is a public body, corporate and politic, organized and existing under the
California Community Redevelopment Law (Health & Safety Code Section 33000 et
seq.); and
WHEREAS, the Parking Authority of National City is a public body,
corporate and politic, organized and existing under the Parking Law of 1949 (Streets &
Highways Code Section 32500 etseq.); and
WHEREAS, pursuant to the Community Redevelopment Law, on February
1, 2005, the City Council of National City ("City" or "City Council", as applicable)
approved and adopted the Downtown Specific Plan ("Specific Plan") for Downtown
National City ("Project Area"); and
WHEREAS, the Specific Plan calls for a consistency review process to
ensure that development within the Project Area is in conformance with the goals
established by City; and
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 (the "Redevelopment Project"); and
WHEREAS, the Implementation Plan adopted by the CDC with respect to
the Redevelopment Project 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, in furtherance of the objectives of the Community
Redevelopment Law, the CDC and Parking Authority desire the redevelopment of
certain real property within the Redevelopment Project Area, bordering National City
Boulevard on the East and Roosevelt Avenue on the West between 11th and 12t
("Site") for a residential, retail mixed -use and public parking project; and
WHEREAS, the development contemplated is exempt from further
California Environmental Quality Act ("CEQA") review under Section 15182(a) of the
CEQA Guidelines; and
Resolution 2005 — 150
July 19, 2005
Page 2
WHEREAS, ARE Holdings LLC ("ARE") owns in fee certain of the parcels
which comprise the Site (the "Developer Parcels"); and
WHEREAS, CDC staff has negotiated a Disposition and Development
Agreement including attachments thereto (collectively, the "DDA") with ARE Holdings,
LLC., a Delaware limited liability company ("ARE"), for the CDC and Parking Authority's
disposition of portions of the Site to ARE, if necessary, and subject to the discretion of
the CDC and Parking Authority; and
WHEREAS, pursuant to the terms of the DDA, ARE shall construct at
least approximately two hundred nine (209) and up to three hundred (300) condominium
residential units, ten thousand (10,000) square feet of retail space and approximately
three hundred twenty (320) parking spaces, of which 40 spaces shall be reserved for
the public to access the Project's retail use; and
WHEREAS, CDC and Parking Authority staff have presented the draft
DDA to the CDC Board, Parking Authority and City Council for consideration; and
WHEREAS, the Community Redevelopment Law, at Health and Safety
Code Section 33433, requires that (i) the CDC prepare a Summary Report concerning
the CDC's proposed disposition of the Site as set forth in the DDA, (ii) the CDC Board,
Parking Authority Board, and the City Council conduct a noticed joint public hearing with
respect to the DDA, and (iii) the approval of the DDA be set forth in a resolution making
certain findings and determinations as set forth herein below; and
WHEREAS, pursuant to the requirements of the Community
Redevelopment Law, a Summary Report for the DDA has been prepared by the CDC's
economic consultant Keyser Marston Associates, Inc.; and
WHEREAS, a joint public hearing of the CDC Board, Parking Authority
Board and City Council has been noticed and conducted in accordance with applicable
requirements of law; and
WHEREAS, at the joint public hearing the CDC, Parking Authority and City
Council each considered all of the information, testimony, and evidence presented,
including but not limited to the draft DDA, in the form presented by CDC staff concurrent
with consideration of the Resolution, the CDC staff report, the Summary Report, and the
oral and written testimony received from persons wishing to appear and be heard
concerning the proposed DDA.
NOW, THEREFORE, THE CITY COUNCIL OF NATIONAL CITY HEREBY
RESOLVES AS FOLLOWS:
Resolution 2005 — 150
July 19, 2005
Page 3
1. Based on all the information, testimony, and evidence presented at the
joint public hearing, including but not limited to the draft DDA and the information and
evidence set forth in the CDC staff report, the Summary Report, and the oral and written
testimony received, the City Council finds and determines as follows:
a. That the above Recitals are true and correct and are incorporated
herein.
b. That the DDA effectuates the purposes of the Community
Redevelopment Law (Health & Safety Code Section 33000 et seq.), and of the
Redevelopment Plan, and is in the best interests of the citizens of National City.
c. That the CDC and Parking Authority's disposition of the Site
pursuant to the DDA will assist in the elimination of blight.
d. That the CDC and Parking Authority's disposition of the Site
pursuant to the DDA is consistent with the Specific Plan and subject to the consistency
review process.
e. That the DDA is consistent with the Implementation Plan for the
Redevelopment Plan.
f. That any consideration ARE will pay for the Site is not less than the
fair reuse value of the Site at the use and with the covenants and conditions and
development costs authorized by the disposition.
2. That the Summary Report for the DDA required by Health and Safety
Code Section 33433 is hereby approved.
3. The DDA, a true and correct copy of which is on file with the City
Clerk/CDC Secretary, is hereby approved.
4. The City Council consents to (i) the authorization and direction given by
the CDC and Parking Authority to its Executive Directors and CDC Counsel to make
final modifications to the DDA that are consistent with the substantive terms of the DDA
approved hereby, (ii) the authorization and direction given to the CDC and Parking
Authority Chairpersons to thereafter sign the DDA on behalf of the CDC and Parking
Authority, and (iii) the authorization and direction given by the CDC and Parking
Authority to their Executive Directors 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.
Resolution 2005 — 150
July 19, 2005
Page 4
5. The Executive Director of the CDC is directed to file a Notice of Exemption
with the County Clerk confirming the project is exempt from further CEQA review.
PASSED AND ADOPTED this 19th day of July 2005.
(//1-7727-
Nick Inzunz , ! -yor
ATTEST:
Mic
ael Dall. , ity Clerk
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney