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HomeMy WebLinkAbout09-20-2016 Item 1Report Westside Infill Transit Oriented DevelopmentCITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT. MEETING DATE: 6eptember-20, 2018; AGENDA ITEM NO. ITEM TITLE: (Resolution of the Community Development Commission -Housing Authority of the City of National City accepting the transfer of certain Real ':Property from 'the City of National'. City consisting of portions of Hoover. Avenue and Harding Avenue previously vacated by City Council Resolution 2013-83 for the Westside•Infill Transit Oriented Development..; PREPARED BY: parios Aguirre, Housing & DEPARTM�ENNTT:. Ho ss g&(Economic Dev. Economic Development Manager] APPROVEp kY: TL—--- PHONE: k619) 338-43911 EXPLANATION: The City of National City vacated .portions of Hoover Avenue and Harding Ave for the development of 201 affordable housing units of the Westside'Infill.TransitOriented Development. The street vacation approved by City Council by Resolution 2013-83 was not included in the legal description that transferred the property to the Community Development Comrnission-Housing Authority in August2013. The grant deed attached would perfect the -transfer of title from the City to the CDC -HA as previously intended,by Resolution 2013-83:adopted on June 18,2013 (Attachment No. 1). FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. I APPROVED: MIS Not applicable.i ENVIRONMENTAL REVIEW: Approval of the property transfer is not a "Project' under section 15378'of.the -California Environmental Quality Act ("CEQA") Guidelines because the proposedaction consists of administrative activity that will not result in direct or indirect physical changes to the environment and, as such, pursuant to section 15061(b)(3) of the CEQA Guidelines is not subject to CEOA. ORDINANCE: INTRODUCTION: { FINAL ADOPTION: STAFF RECOMMENDATION: ;Not applicable. 1 BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Resolution 2013-83 2. Grant Deed 3. Resolution 166.of 178 RESOLUTION NO. 2016 — 41 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ACCEPTING THE TRANSFER BY GRANT DEED OF CERTAIN REAL PROPERTY FROM THE CITY OF NATIONAL CITY NATIONAL CITY CONSISTING OF PORTIONS OF HOOVER AVENUE AND HARDING AVENUE PREVIOUSLY VACATED BY CITY COUNCIL RESOLUTION 2013-83 FOR THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT WHEREAS , the City of National City ("City") vacated and closed the westerly 14 feet (approximately) of the right-of-way of Hoover Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A" -Hoover of City Council Resolution No. 2013-83 adopted by the City Council of the City of National City on June 18, 2013; and WHEREAS, the City also vacated and closed the eastern half of the right-of- way of Harding Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A" -Harding of City Council Resolution No. 2013-83; and WHEREAS, the City was the owner of two legal parcels, Parcel 1 and Parcel 2, ("Housing Parcels") totaling 6.299 acres, generally bounded by 19th Street, Harding Avenue, 22nd Street, and Hoover Avenue; and WHEREAS, the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") is subject to the enforceable obligation commonly referred to as the Westside Infill Transit Oriented Development (WI-TOD) Development and Disposition Agreement ("DDA"), entered into June 21, 2011, with Paradise Creek Housing Partners, LP ("Developer"); and WHEREAS , the DDA requires the Housing Parcels to be acquired for and developed into a 201 unit affordable housing project (the "Project") as described in the DDA; and WHEREAS , in accordance with California Health and Safety Code section 34176, the Community Development Commissior'Housing Authority of City of National City "CDC -HA" accepted the affordable housing functions of the former redevelopment agency pursuant to CDC -HA Resolution No. 2012-01; and WHEREAS, the City sold the Housing Parcels consisting of 6.299 acres to the CDC -HA as authorized by City Council Resolution 2013-129 to fulfill the development obligations under the DDA; and WHEREAS, the real property vacated by City Resolution 2013-83 ("Vacated Right -of -Way") was not included in the legal description incorporated in the Grant Deed that transferred the Housing Parcels to the CDC -HA in August 2013 for the development of affordable housing; and WHEREAS, the conveyance of the Vacated Right -of -Way would perfect the transfer of title from the City to the CDC -HA as previously intended by City Council Resolution 2013-83; and Resolution 2016 — 41 Page Two WHEREAS, the transfer of real property is not a "Project" under section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because the proposed action consists of administrative activity that will not result in direct or indirect physical changes to the environment, and such, pursuant to section 15061(b)(3) of the CEQA Guidelines is not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission -Housing Authority of the City of National City accepts by Grant Deed certain Real Property from the City of National City consisting of portions of Hoover Avenue and Harding Avenue previously vacated by City Council Resolution 2013-83 for the Westside Infill Transit Oriented Development. Said Grant Deed will be publicly recorded with the County of San Diego Office of the Recorder. PASSED and ADOPTED this 20th day of Septe 2016. Ron Morrison, Chairman ATTEST: Leslie Deese, Secretary Passed and adopted by the Community Development Commission — Housing Authority of the City of National City, California, on September 20, 2016 by the following vote, to - wit: Ayes: Boardmembers Cano, Mendivil, Morrison, Rios. Nays: None. Absent: Boardmember Sotelo-Solis. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Housing Authority LESLIE DEESE Secretary, Housing Authority By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-41 of the Community Development Commission — Housing Authority of the City of National City, California, passed and adopted on September 20, 2016. ]Le Secretary, Housing Authority By: Deputy CERTIFICATE OF ACCEPTANCE I certify on behalf of the Community Development Commission -Housing Authority of the City of National City, California pursuant to authority conferred by Resolution 2016-41 adopted on September 20, 2016, that the Community Development Commission -Housing Authority accepts the Grant Deed and consents to the recordation thereof by its authorized officer, for that property in the City of National City, County of San Diego, State of California conveyed by the Grant Deed dated Date: Leslie Deese, Secretary Community Development Commission -Housing Authority RECORDING REQUESTED BY: Old Republic Title Company Escrow No.: 1117014676 APN: 560-391-12 & 559-124-08 When Recorded Mail Document and Tax Statements to: City of National City, Office of the City Clerk 1243 National City Blvd. National City, CA 91950 Grant Deed /ZO/'Zc7/Ce SPACE ABOVE THIS IINEI5 FOR RECORDERS USE The undersigned grantor(s) declare(s): Documentary Transfer Tax is $0.00 R&T 11911 - Deed to governmental agency. This deed is recorded to establish the vacation legal description pursuant to a Resolution Authorizing an Order of Vacation recorded June 17, 2014, document number 2014-250448 (X) computed on full value of property conveyed, or ( ) computed on full value less of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (X) City of National City FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of National City hereby GRANT(S) to Community Development Commission -Housing Authority of the City of National City, a public body, corporate and politic that property in City of National City, San Diego County, State of California, described as: See "Exhibit A" attached hereto and made a part hereof. Date: City of National City By: Ron Morrison, Mayor Appr•ved as to • By: CIa� Gacitu. Sil Grant Deed ity Attorney MAIL TAX STATEMENTS AS DIRECTED ABOVE Page 1 of 2 EXHIBIT A A portion of Hoover Avenue (formerly 2°d Ave) and portion Lots 13 through 21, inclusive, lying within Block 86, according to Map thereof No. 348,. fled in the County of San Diego, October 2, 1882, as vacated in the Resolution Authorizing an Order of Vacation recorded June 17, 2014, document no, 2014-250448, described as follows: Beginning at the centerline intersection of 21st Street and Hoover Avenue; thence south 72° 14' 18" west, 25.21 feet to the true point of beginning; thence south 17° 45' 42" east, 263.41 feet to a concave curve westerly with a radius of 27.00 feet; thencealong said curve through a central angle of 90° 02' 26" an aro disttnep of42.43 feet thence leaving said curve south 72° 16' 45" west, 24.27 feet to a non tangent curve concave westerly with a radius of 20.00 feet; thence along said curve through a central angle of77° 55' 20" an arc distance of 27.20 feet to a tangent compound curve .concave westerly with a radius of760.00 feet; thence along said curve through a central angle of 12° 04' 44" an arc distance of 160.22 feet; thence leaving said curve north 17° 47' 56" west 598.21 feet along the westerly right of way of Hoover Avenue having a half right of way width of 40.00 feet; thence leaving said right of way north 72° 04' 38" east, 13.71 feet; thence south 17° 48' 25" east, 482.71 feet; thence north 71 ° 08' 38" east, 1.09 feet to the true point of beginning. Vacation description of Harding: A portion of Harding Avenue (formerly 4d' Ave) adjacent to Lots 7 through 10, inclusive, Brock 107, according to Map thereof No. 348, flied in the County of San Diego, October 2, 1882, as vacated in the Resolution Authorizing an Order of Vacation recorded June 17, 2014, document no. 2014-250448, and more particularly described as follows: Beginning at the centerline, intersection of Harding Avenue and 22°d Street; thence northerly along the centerline of Harding Avenge north 17° 48° 28°' west, 40.00 feet to a point in the northerly right of way of 22°d Street; thence easterly along said right of way 1.00 feet to the true point of beginning; thence continuing along said right of way, 39.00 feet to a point of intersection of the easterly right of way of Harding Avenue, having a half right of way width of 40.00 feet and the northerly right of way of 22ed Street, having a half right of way width of 40.00 feet; thence northerly alongthe easterly right of way of Harding Avenue, north 17° 48' 28" west, 74.46 let; thence leaving said right of way south 20° 04' 26" west, 63.51 feet; thence south 17° 48' 28" east, 24.27 feet to the true point of beginning. CERTIFICATE OF ACCEPTANCE I certify on behalf of the City Council of the City of National City, California pursuant to authority conferred by Resolution 2015-130 adopted on September 1Sc 2015 that the City of National City accepts the granting of a Vehicular Access Easement with the right of ingress and egress for fire and emergency vehicle access along and across all that real property situated in the City of National City, County of San Diego, State of California, described as follows: THE SOUTHERLY 20.00 FEET OF THE EASTERLY 91.00 FEET OF LOT 26, BLOCK 3 OF PARADENA PARK, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 1404, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 16, 1912, and consents to the recordation thereof by its authorized officer. Date: Michael R. Dalla, CMC City Clerk Attachment No. 1 RESOLUTION NO. 2013— 83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CRY VACATING PORTIONS OF HOOVER AVENUE AND HARDING AVENUE FOR THE `WESTSIDE.INFILL TRANSIT ORIENTED DEVELOPMENT, AND AUTHORIZING THE MAYOR TO EXECUTE AN ORDER OF VACATION FOR SAID PORTIONS OF STREETS APPLICANT: PARADISE CREEK HOUSING PARTNERS, LP CASE FILE NO:2012-04 LS, SC WHEREAS, ppllcatlon was made requesting to vacate and close the westerly 14 feet, (approximately) of the right of way of Hoover Avenue between 22nd Street and Paradise Creek, more, particularly described, in Exhibit "A -Hoover", attached hereto and' incorporated herein as though set forth in full; and WHEREAS, application was made requesting to vacate and close the eastern half of the right of way of Harding Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A -Harding", attachedhereto and incorporated herein as though set forth in full; and WHEREAS, on May 15, 2012, the City Council conducted a hearing and Initiated the said: proposed vacations and closures of portions of Hoover Avenue and Harding Avenue;. and WHEREAS, the City Engineer has caused notice of sald proposed vacations and closures to beposted in the mariner specified: by law; and WHEREAS, on May 21, 2012, the Planning Commission considered the said proposed vacations and closures, and found and determined that the vacations and closures conform with the City's adopted General Plan; and WHEREAS,. on August21, 2012, the City Council considered the Planning. Commission's report end recommendation and' the presentationof staff regarding the proposed vacations and closures; and WHEREAS, all things and acts, necessary to be done as required by Part 3 of Division 9 of the California Streets and Highways Code in order to abandon sald streets have been done'and accomplished; and WHEREAS, a public hearing was held on August 21, 2012 in the City Council Chamber, at which time all persons interested in or objecting to the proposed vacations and closures were afforded the opportunity to appear and be heard; and WHEREAS, at said hearing, the City Council found, from ail evidence submitted, that said portions of streets proposed to be; vacated and closed are unnecessary for present or future public use or for present or future installation of utilities; and WHEREAS, the City Council at said hearing further found that said proposed vacations and closures are in conformity with the adopted General Plan; and 4t3'of 1 78;' Attachment No.1 Resolution No. 2013- Page Two NOW;: THEREFORE, BEAT RESOLVED that the City -Council' of the city of National City, hereby approves said street vacations based on the following findings: 1. That the portions of ;the public lights -of way proposed to be vacated are unnecessary for ;present or future publlc.use, since all, of the properties; abutting the areas proposed to be. vacated are owned by the City, which intends to redevelop the subject properties, and' access to subject -properties will continue to be provided by the adjacent streets. 2. That the proposed vacation of the portion of the right-af-way.for 'Hoover Avenue is consistent with the,City's General Plan since the Westside Specific Plan Identifies this segment of Hoover Avenue as a local street and as a residential/mixed-use corridor with the goals to buffer pedestrians from vehicles; encourage walking, biking; and transit use; and reduce vehicle speeds.through traffic measures that include narrowing roadway widths, and widening' sidewalks. 3. That the proposed vacation of the portion of the right-of-way for Harding Avenue is consistent with the City's General Plan since the Westside Specific Plan includes a buildout circulation network that eliminates the segment of Harding Avenue north af 22ndStreet and south of 20th Street to accommodate the proposed, park expansion as part of the Westside Infill Transit Oriented Development (WI-TOD") project. 4, That the proposed vacations would aliow:for efficient and comprehensive redevelopment of underdeveloped and nonconforming properties. BE IT FURTHER RESOLVED that the street vacations are approved subject to the following conditions: 1. The Certificate of:Compltance:for .Parcel Map Waiver.(2012-04 LS, SC) shall be recorded concurrently with the Orders of Vacation. 2, A preliminary title report and a policy of title insurance shalt be provided prior to recordation of`the .Orders to Vacate, 3. The owner and developer shall' provide easements for sewer and any other public utilities after vacation. All easements shall remain in place until the utilities have been removed or replaced. 4. The Resolution ordering vacation shall not be recorded until the above conditions have been satisfied. BE IT FURTHER RESOLVED as follows: 1, That the Mayor and City Clerk are respectively authorized and directed to executeand attest. Orders of Vacation of the above described portions of public rights -of -way. 2. That the "vacation of the above -described portions of public rights -of --way to motorized vehicles is made, under the authority of Division 9, Part 3, Chapter3 of the California Streets and Highways Code. ATTEST: PPROVED AS TO FORM: • acitua Silva yA •rney `� Attachment No. '1 Resoluticn`No. 2013= Page Three 3, That the rights -of -;way to be vacated are not needed for present or public use and/or for utility service, since theproperties abuttingthe street under consideration will continue to have access to public streets and utilities, 4. That the area to be vacated is not required es a non -motorized transportation facility for pedestrians, bicyclists, or equestrians, and adjacent streets will allow for the same through travel. 5. That the vacation of the proposed segments ofrighfs-of-way-is consistent' with the City's General Plan since the area will continue to provide access and emergency access to the area. 8. That the, City Clerk is hereby authorized and directed to cause certified copies of subject orders to be recorded In the office of the County Recorder of San Diego County, pursuant to Section 8325 of the California Streets and Highways • Code. 7. That from and after the date that this Resolution is recorded, the above -described portions of public rights -of -way no, longer constitute a street, except as reserved and excepted herein. PASSED and ADOPTED this 18th day of June, 20 on Morrison; ayor 50 of 178 Attachment: RESOLUTION NO. 2013 — 83 RESOLUTION.OF THE CITY COUNCIL OF -THE CITY OF NATIONAL CITY. VACATING PORTIONS OF HOOVER'AVENUE;AND HARDING AVENUE FOR THE• WESTSIDE INFILL TRANSIT ORIENTED'DEVELOPMENT, AND AUTHORIZING THEMAYORTO EXECUTE AN' ORDER OF°VACATION FORSAID PORTIONS:OF STREETS APPLICANT: PARADISE CREEK HOUSING`PARTNERS, LP CASE°FILENO. 2012-04 LS, SC WHEREAS; appticaVonwasanade requesting to vacate and dose thewesterly 14 feett(approxirnately)'of the right of way'of Hoover Avenue between 22nd Street and Paradise Creek,`more'partiaularty described in'E*hibit'A-Hoover, attached hereto and. incorporated herein as though setforth in full;. and WHEREAS, application was made requesting to vacate and close the, eastem half of the right of way of Harding,Avenue between 22nd Street and Paradise Creek, more particularly described in Exhibit "A -Harding', attached heretoand incorporated herein as though set forth in full; and WHEREAS, on May 15, 2012, the City Council conductect a hearing;and;initiated the said proposed vacations. and Closures of portions of Hoover Avenue and Harding Avenue; and WHEREAS, the City' Engineer has'caused notice of sald'proposed vacations and closures to be,posted in the manner specified by taw; and 'WHEREAS, on May 21, 2012, thePlanningCommission considered the said proposed vacations and;closures,.and found and'determinedthat the vacations -end closures conform,with.the City's adopted.GeneralPlan; and WHEREAS, on August 21, 2012„the City Council considered the Planning Commission's reportand'recommendation and the presentation of staff regarding the proposed vacations and closures; and, WHEREAS, all tinge and acts necessary' to be done as required'by'Part 3 of Division; of the California Streete and Highways Code in order to abandon said streets have been done and accomplished; end WHEREAS, a public hearing was held. on August 21, 2012 in the City Council Chamber,at whichtime all persons interested in or objecting to the proposed vacations and closures were afforded the opportunity to appear -and be heard; and WHEREAS; et said hearing; the City Council found; from all evidence submitted, that said portions of streets proposed to be vacated and closed are unnecessary for present or future ;public,use or for present orfuture installation, of Utilities; and WHEREAS,.the'City Council at said hearing further: found' that said proposed vacations and closures are in conformity with the .adopted General Plan; and 167 178 Attachment No. 1 Resolution. No.,2013:- Page Two NOW;.THEREFORE, '„BE IT RESOLVED. that the. City Council ofthe City of National City hereby approves;said"street vacations based on the•followingfindings;: 1. That the portbns of the public rights -of way:proposed to be vacated; are: unnecessary for present 'orfuture public use, since all of tha properties abutting the areas proposed to be vacated are owned by the Clty, which intends to redevelop the subject properties, and access to subject-propertieswill continue to be provided,by the adjacent streets. 2. That the proposed vacation,of the,portion of the right-of-way for: HooverAveni a Is ;consistentwith the City's General, Plan since the Westslde.Speclflc Plan identifies this segment of Hoover Avenue as a local street and as a residential/mixed-use corridor with the goals to buffer pedestrians from vehicles; encourage"waiking, biking; and transit use; and" reduce '-vehicle speeds through traffic calming measures that include narrowing" roadway widths and widening sidewalks. 3: That the proposed vacation of the portion of the right-oiway for Harding Avenue Is consistent with -the City's GeneraliPlansincettte Westside Specific Planincludes a buildout circulation network that eliminates the segment of _Harding Avenue north of 22nd Street and south of 20th•Street'to.accomrnodate the proposed park expansion as part of the Westside lnfill Transit Oriented; Development (°Wl--TOD°) project" 4. That'the-proposed.vecations would•allowfor efficient and comprehensive redevelopment of underdeveloped and nonconforming properties. BE IT FURTHER' RESOLVED, that the street vacations are approved subject to the following conditions: 1. The Certificate of Compliance for Parcel•Map_Waiver (2012-04 LS, SC) shall be recorded concurrently with the Orders of Vacation. 2 . A preliminary title report and apolicy of title insurance shall be provided?prior to recordation of the Orders to Vacate. 3. The owner and•developershell provide easements for sewer and any other public Utilities after vacation: All easements shall remain in place until the utilities have been removed or replaced. 4. TheResolution ordering vacation shall not be recorded unill.the above conditions have been satisfied. BE IT FURTHER RESOLVED.as follows: 1. That the "Mayor end , City Clerk are respectively auth'orized;and'directed to: execute and attest Orders" of Vacation of the above described portions of public rights -of -way. 2. That the_vacation;of the above -described portions of public rights -of -way to motorized vehicles is made under the authority, of Division 9, Part 3, Chapter 3 of the Califomia Streets and Highways Code. Attachment No. 1 Resolution No.:2013 Page Three 3. That the rights f-way to be vacated are not needed for present or future.publlcuse and/or for utility service, sincefhe.properties abutting _the street under consideration will•continue to have access to 'public streets and utilities, 4. That 'the .area to be vacated Is not required as a non -motorized transportation facility for pedestrians, bicyclists; or equestrians, and adjacent streets will allow for the same through travel. 5. Thet the vacation of,theproposwill edeegments:of rights -of -way is:consistent with the City's General Plenslnce the,area continue to'provtdeaccess and emergencyaccess to;the area. 6. That the City Clerk Is hereby authorized and directed to:oause.certlfled'copies of subject orders to be,rec orded`.In the officeof the County Recorder Of -San -Diego County; pursuantao'Sectlon'8325 ofthe:California,Streets and Highways Code. 7. That from,and after the date that this Resoltition'.Is recorded, the -above -described. portions of public rights-ofeway no longer constitute a street, except reserved and excepted herein. PASSED and'ADOPTED:this>18th.day of June, 20 on Morrison, ayor ATTEST: PP.ROVED AS TO FORM: Ydia'C3acitua•Silva yAttiiOrney 169 of"178