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HomeMy WebLinkAboutCC RESO 2005 - 186RESOLUTION NO. 2005 —186 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 BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION AND CONSTELLATION PROPERTY GROUP ("A" AVENUE) LP FOR DEVELOPMENT OF THE CENTRO PROJECT; APPROVING THE PROJECT BASIC CONCEPT DRAWINGS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the Community Development Commission of the City 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, pursuant to the Community Redevelopment Law, on July 18, 1995, pursuant to Ordinance No. 95-2095 the City Council approved and adopted the Redevelopment Plan for the National City Redevelopment Project; and WHEREAS, pursuant to the Community Redevelopment Law, on February 1, 2005, the City Council 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 the City of National City; and WHEREAS, 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 desires the redevelopment of certain real property within the Redevelopment Project Area, consisting of approximately 1.2 acres, mid -block between National City Boulevard on the west and "B" Avenue on the east, and between 11 th Street on the north and 12th Street on the south (the "Site") for a residential, office mixed -use and public transit center project (the "Project"); and WHEREAS, the development contemplated is consistent with the Program Environmental Impact Report for the Downtown Specific Plan, and therefore is exempt from further California Environmental Quality Act ("CEQA") review under Section 15182(a) of the CEQA Guidelines; and Resolution No. 2005 —186 August 30, 2005 Page 2 WHEREAS, the Constellation Property Group ("A" Avenue) LP, a Delaware limited partnership ("Constellation") desires. to acquire the Site in order to construct the Project; and WHEREAS, the CDC owns in fee the Site; and WHEREAS, CDC staff has negotiated a Disposition and Development Agreement including attachments thereto (collectively, the "DDA") with Constellation for the CDC's disposition of the Site to Constellation; and WHEREAS, pursuant to the terms of the DDA, Constellation shall construct approximately forty (40) condominium residential units (the "Residential Units"), approximately two thousand seven hundred square feet (2,700 sq. ft.) of commercial/office space, approximately seventy (70) parking spaces, of which four (4) spaces shall be reserved for the Project's commercial/office use, and a trolley transit center; and WHEREAS, CDC and staff have presented the draft DDA to the CDC Board 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 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 and City Council has been noticed and conducted in accordance with applicable requirements of law; and WHEREAS, at the joint public hearing the CDC 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, the basic concept drawings for the Project, 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 No. 2005 —186 August 30, 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 disposition of the Site pursuant to the DDA will assist in the elimination of blight. d. That the CDC 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 Constellation 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, and the basic concept drawings for the Project presented at the public hearing are hereby approved. 4. The City Council consents to (i) the authorization and direction given by the CDC to its Executive Director 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 Chairperson to thereafter sign the DDA on behalf of the CDC, and (iii) the authorization and direction given by the CDC to its Executive Director 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 No. 2005 —186 August 30, 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 30th day of August 2005. ATTEST: h Mi APPROVED AS TO FORM: George H. Eiser, III City Attorney