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HomeMy WebLinkAboutReso 1995-17965 RESOLUTION NO. 17965 (Redevelopment Agency Resolution No. 1462) JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY AND THE CITY OF CHULA VISTA APPROVING A PRECISE PLAN FOR THE BROADWAY BUSINESS HOMES PROJECT AND A DISPOSITION AND DEVELOPMENT AGREEMENT WITH BROADWAY VILLAGE BUSINESS HOMES UP. AND AUTHORIZING THE CHAIRMAN TO EXECUTE SAME WHEREAS, the Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California, "Agency" herein, is charged with the elimination of blighting influences in the City; and WHEREAS, in conjunction with its responsibility to eliminate blight, the Agency has formed the Southwest Redevelopmerit Project Area, consisting of various non-contiguous project locations, one of which includes a certain designated area described as follows: A rectangular area of approximately 2.5 acres bounded on the north by the commercial land use known as Courtney Tires, on the east by Broadway, on the south by Moana Court Motel, and on the west by residential development, said parcel commonly known as 760 Broadway; and WHEREAS, on or about November 15, 1994, the Agency had become seriously concerned about the blighting influences located in and around said Property due to the relocation of Fuller Ford from this site; and WHEREAS, Joelen Enterprises, now doing business as Broadway Village Business Homes L.P. ("Developer") has submitted a proposal for the redevelopment of the Property through the construction of a mixed use development known as the Broadway Business Homes Project ("Project"); and WHEREAS, the Agency approved an Exclusive Negotiation Agreement with Developer by Resolution 1412 on July 19, 1994 to negotiate a Disposition and Development Agreement embodying the terms of sale of the Property and development for the Project; and WHEREAS, a Precise Plan has been prepared for development of the Project which has been reviewed by the Design Review Committee and conditionally recommended for approval by the Agency; and WHEREAS, a Disposition and Development Agreement has been prepared which proposes the conditioned sale of the Property to the Developer; and WHEREAS, Health and Safety Code Section 33431 permits an Agency to lease or sell property without public bidding after a duly noticed public hearing; and WHEREAS, under the provisions of Health and Safety Code Section 33433, before any property of the Agency acquired in whole or in part, directly or indirectly, with tax increment monies is sold or leased for development pursuant to the redevelopment plan, the sale or lease shall first be approved by the City Council after public hearing, duly called noticed and held in the manner required by law; and Resolution No. 17965 Page 2 WHEREAS, the Agency has caused to be prepared, and has made available to the public for public inspection and copy, the report containing the requirements of Section 33433, which report was entitled, "Health and Safety Code Section 33433 Report: Sale of Redevelopment Agency Property at 760 Broadway to Joelen Enterprises for development of the Broadway Business Homes Project", which by reference thereto is incorporated herein and maintained on file in the office of the City Clerk; and WHEREAS, the 33431 and 33433 hearing was duly noticed in accordance with State law, and at said public hearing, pursuant to the requirements of Health and Safety Code Sections 33431 and 33433, the City and the Agency were called upon to approve the DDA involving the sale of property owned by the Agency; and WHEREAS, the City Council and the Agency have considered all of the evidence submitted at the hearing including the staff report which is incorporated by reference, and the report on file in the Office of the Executive Director and the City Clerk prepared and filed pursuant to Health and Safety Code Section 33433; and WHEREAS, the Agency has made the determination that the Project will eliminate blight in and around the Property and is in the best interest of the public and conforms to the Southwest Redevelopmerit Project Implementation Plan approved pursuant to Health and Safety Section 33450; and WHEREAS, the City Council has made the determination that the proposed consideration for the Property is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized under the sale; and WHEREAS, the Environmental Review Coordinator has conducted an Initial Study, IS- 95-03, with Addendure of possible environmental impacts associated with the project. Based on the Initial Study, Addendure and comments thereon, the City Council and Agency concluded that there would be no significant environmental effects and, adopted the Mitigated Negative Declaration, Addendum and related documents issued on IS-95-03. NOW THEREFORE, THE REDEVELOPMENT AGENCY AND THE CITY OF THE CITY OF CHULA VISTA do hereby find, order, determine and resolve as follows: 1. City Council Resolution No. 17964 and Redevelopment Agency Resolution No. 1464 adopting Mitigated Negative Declaration, Addendum and related documents issued on IS-95- 03 are hereby incorporated herein by this reference. 2. The Health and Safety Code Section 33433 Report was duly prepared and made available for public review in accordance with State law. 3. The 33431 and 33433 public hearings at or after which this resolution was adopted were duly noticed as to time and place in a newspaper of general circulation in the community for at least two successive weeks prior to the hearings, such public hearings were duly held, and any and all protests to the proposed sale and project were made and duly considered at such public hearings. 4. The Agency hereby determines that it is in the best interests of the community and T" the Agency and for the elimination of blight that the subject Property be sold to Developer ' without public bid. Resolution No. 17965 Page 4 ATTACHMENT A DESIGN REVIEW COMMITTEE CONDITION$ OF APPROVAL A. Approval of this project shall be contingent upon approval of Conditional Use Permit PCC-95-23 and Rezone PCZ-95-A. B. All mitigation measures of Mitigated Negative Declaration IS-95-03 and Addendum shall be adhered to and shall become conditions of approval. C. Landscape and irrigation plans addressing a parking screening solution shall be submitted to the Planning Department for review and approval prior to or in conjunction with the building permit submittal package. D. The parallel tandem parking featured on all two story corner units shall be replaced with a standard size stall within each of the planters featured at the northwest and southwest corners of the parcel. E. A parking screening solution consisting of a screening wall, closely arranged groups of planting material or a combination of these two shall be provided along the street frontage wherever parking is exposed to the public right of way. Deleted. G. An 18" concrete curb/step out strip shall be installed on all planting strips adjacent to parking stalls. H. A 5 foot high masonry wall shall be maintained along the west property line. However, the wall height may be increased up to 10 feet subject to staff approval of final design and materials. I. All windows facing east on the four frontage units shall incorporate dual pane windows rated a minimum of STC-25. J. All units shall feature a mechanical ventilation system capable of 2 air exchanges per hour. K. All pedestrian walks within the commercial components and connections to the residential area shall be decorative type. Paving pattern, design and color shall be submitted to staff for review and approval. L. A comprehensive planned sign program shall be submitted to the Design Review Committee for consideration and approval. M. Trash enclosures for two 30 gallon cans shall be provided for each unit, N ,,- All garage doors shall be equipped with automatic garage door openers. O. Additional trees shall be incorporated within the parking lots subject to staff review and approval. Resolution No. 17965 Page 3 5. The City Council hereby determines that the consideration for the Property is not less than fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale; the sale for such consideration is necessary to effectuate the Redevelopment Plan; and the sale is therefore approved. 6. The Agency hereby determines that the proposed redevelopmerit of the site will assist in the elimination of blight within the Southwest Project Area. 7. The Precise Plan for the Broadway Business Homes Project is hereby approved in substantially the form presented subject to the conditions attached hereto as Attachment A. 8. The Disposition and Development Agreement (a copy of which is on file in the office of the City Clerk known as Document No. C095-108) between the Agency and Developer dated for the purposes of reference as of July 11, 1995 as modified consistent with the instructions of Council and approved as to form and content by the City Attorney and City Manager for the sale and development of the Property into the Project is hereby approved, and the Chairman is hereby authorized to execute same, and the Executive Director PRESENTED BY: A ED T RM BY: Chris Salomone 'Bruce M. Boogaard~,~ "["l Community Development Director City Attorney/Agen ~sel "' T I1TE Resolution No. 17965 Page 5 P. A detailed construction phasing plan showing adequate emergency vehicle access, sufficient parking to support the commercial retail operations, internal circulation landscaping and all the amenities for that portion of the project shall be submitted to the Planning Department prior to issuance of any building permit. Q. Freestanding signs shall be of a transparent material and relocated to the landscape area between the two driveways of each of the commercial parking lots. R. Trellis structures shall be retained as shown in the conceptual design drawings. Resolution No. 17965 Page 6 T, PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 1st day of August, 1995, by the following vote: AYES: Councilmembers: Moot, Padilia, Rindone, Horton NAYES: Councilmembers: Alevy ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirley' Horton, Mayor ATTEST: ',~j. /'~ //'! //') ,~ . . STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17965 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 1 st day of August, 1995. Executed this 1 st day of August, 1995. Beverly A./ Authelet, City Clerk