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HomeMy WebLinkAboutReso 2004-092 RESOLUTION NO. 2004-092 (AGENCY RESOLUTION No. 1867) JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA MAKING THE REQUIRED REDEVELOPMENT ACT FINDINGS AND APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT AND JOINT ESCROW INSTRUCTIONS WITH 3RD AND NAPLES, LLC, FOR THE ACQUISITION AND DISPOSITION OF PROPERTY, AND DEVELOPMENT OF A 14,360 SQUARE-FOOT WALGREEN'S RETAIL STORE WITH DRIVE-THRU PHARMACY AND ASSOCIATED PARKING AT THE SOUTHEAST CORNER OF THIRD A VENUE AND NAPLES STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA WHEREAS, 3rd and Naples, LLC, proposes to develop a 14,360 square-foot Walgreen's retail store with drive-thru pharmacy and associated parking at the southeast comer of Third Avenue and Naples Street; and WHEREAS, the 1.20-acre project site consists of six parcels, and is located at 1101 Third Avenue, 293 Naples Street, 1105 Third Avenue, 1109 Third Avenue, 1121 Third Avenue, and 1123 Third Avenue, within the Southwest Redevelopment Project Area; and WHEREAS, a Disposition and Development Agreement between the Redevelopment Agency and 3rd and Naples, LLC, has been prepared; and WHEREAS, the Community Redevelopment Act requires that a public hearing be held by the Agency for the acquisition and disposition of property, and development of Agency property, and requires that notice of said public hearing be given by publication in a local newspaper for not less than once a week for two weeks prior to the hearing; and WHEREAS, notice of the public hearing was published in the San Diego Daily Transcript on March 1, 2004 and March 8, 2004 and the City Council and Redevelopment Agency held a joint public hearing on March 16, 2004 and considered all testimony presented; and WHEREAS, Community Redevelopment Law requires that the sale of Agency property assist in the elimination of economic and physical blighting conditions; and WHEREAS, Community Redevelopment Law requires that the sale of Agency property be consistent with the Implementation Plan adopted for the Southwest Redevelopment Project Area pursuant to Health and Safety Code Section 33490; and WHEREAS, Community Redevelopment Law requires that the sale of Agency property be based on a price that is not less than (1) the fair market value of the property at its highest and best use in accordance with the plan, or (2) the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale; and WHEREAS, those properties to be transferred pursuant to the Disposition and Development will be done so at not less than the fair market value of the property at its highest Resolution 2004-092 Page 2 and best use in accordance with the plan, or (2) the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale; and WHEREAS, 3rd and Naples, LLC has secured ownership to two parcels, and has entered into a contract to acquire an additional two parcels; however, has been unsuccessful in carrying out negotiations with property owners to acquire fee title to properties located at 293 Naples Street and 1101 Third Avenue, which are necessary to assemble the project site; and WHEREAS, 3rd and Naples, LLC has requested that Agency acquire fee title to the properties either by negotiation or by consideration of eminent domain; and WHEREAS, Agency has presented an offer based on a recent appraisal to acquire the subject properties, but has not received a counter offer or response from the affected property owners; and WHEREAS, Agency continues to negotiate in good faith with the property owners for a mutually agreed upon acquisition price for the subject parcels necessary to develop the project; and WHEREAS, a joint public hearing of the Agency and City Council on the proposed Disposition and Development Agreement was duly noticed in accordance with the requirements of California Redevelopment Law Section 33433; and WHEREAS, the proposed Disposition and Development Agreement, and a summary report meeting the requirements of the California Redevelopment Law Section 33433, were available for public inspection consistent with the requirements of California Redevelopment Law Section 33433; and WHEREAS, the Agency and City Council held a joint public hearing on the proposed Disposition and Development Agreement for the purpose of receiving public input and comment on the proposed Project and related implement agreement and evaluated all of the information, testimony and evidence presented during the joint public hearing; and WHEREAS, the Agency and City Council have reviewed the summary report required pursuant to Community Redevelopment Law Section 33433 and evaluated all other information provided to it pertaining to the findings required by Section 33433; and WHEREAS, all actions required by all applicable laws with respect to the proposed Disposition and Development Agreement have been taken in an appropriate and timely manner; and WHEREAS, the City Council and Agency have duly considered all the terms, conditions and provisions of the Disposition and Development Agreement and Summary Report and believe the redevelopment of the site pursuant thereto furthers the goals and objectives of the Redevelopment Plan and is in the best interest of the City of Chula Vista and the health, safety, and general welfare of its residents, and in accordance with the public purposes and provisions of the applicable state and local laws; and WHEREAS, the Disposition and Development Agreement allows Agency to proceed with the acquisition and disposition of property, and the development of the project; and Resolution 2004-092 Page 3 WHEREAS, once all the parcels to develop the site are acquired, the property will be placed in escrow and 3rd and Naples, LLC will proceed to prepare the project's construction drawings for plan check and building permits; and WHEREAS, after obtaining building permits, 3rd and Naples, LLC and Agency will close escrow, and the property will be transferred to 3rd and Naples, LLC under the terms and conditions of the Disposition and Development Agreement; and WHEREAS, the redevelopment of the site and the installation and construction of the public improvements will assist in the elimination of blight by facilitating the development and operation of a First Class, First Quality Project, which will be properly designed, constructed and maintained, and will be of benefit to the community by increasing economic activity, reversing and correcting the continued economic decline of the site, and eliminating blight consistent with original objectives of the Redevelopment Plan to cause redevelopment of the commercial properties in the project area, to cause redevelopment of underutilized property, and to assist in the provision of public infrastructure to facilitate redevelopment of commercial property in the project area; and WHEREAS, the Environmental Review Coordinator has reviewed the project for compliance with the California Environmental Quality Act, and has determined that the proposed project was adequately covered in previously adopted Mitigated Negative Declaration IS-04-01; thus, no further environmental review of documentation is necessary. NOW THEREFORE, THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA do hereby find as follows: 1. The City and Agency do hereby find and determine the foregoing recitals are true and correct and are a substantive part of this resolution. 2. The acquisition and disposition of property, and development of property with the project at the southeast comer of Third Avenue and Naples Street will eliminate and prevent the spread of blighting conditions in the Southwest Redevelopment Project Area by removing outdated commercial buildings, providing infrastructure improvements, and establishing a necessary neighborhood serving commercial use to this area of the City. The Disposition and Development Agreement is consistent with the Southwest Redevelopment Project Area Plan and Implementation Plan, because the project will eliminate and prevent the spread of blight; facilitate the enhancement and renovation of businesses; stimulate investment of the private sector in the full development of the project area; and achieve an environment reflecting a high level of concern for architectural, landscape, and urban design principles appropriate to the objectives of the Redevelopment Plan. 3. 4. The Redevelopment Agency of the City of Chula Vista does hereby approve a Disposition and Development Agreement with 3rd and Naples, LLC, for the acquisition and disposition of property, and development of a 14,360 square-foot Walgreen's retail store with drive-thru pharmacy and associated parking at the southeast comer of Third Avenue and Naples Street within the Southwest Redevelopment Project Area. Resolution 2004-092 Page 4 BE IT FURTHER RESOLVED that the Chairman of the Agency is hereby authorized and directed to execute the Disposition and Development Agreement with 3rd & Naples, LLC and all other related documents and agreements (collectively, the "Agreements") for the acquisition and disposition of property, and the development of the project; and BE IT FURTHER RESOLVED that staff is hereby authorized and directed to take any and all necessary and appropriate actions to implement the Agreements. Presented by Approved as to form by O--~ Ann Moore City Attorney/Agency Counsel Resolution 2004-092 Page 5 PASSED, APPROVED, and ADOPTED by the City Council and the Redevelopment Agency of the City of Chula Vista, California, this 16th day of March, 2004, by the following vote: AYES: Agency /Councilmembers: Davis, McCann, Rindone, Salas and Padilla NAYS: Agency /Councilmembers: None ABSENT: Agency/Councilmembers: None ATTEST: ~dd~fL !-. STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing City Council Resolution No. 20O4-092/Redevelopment Agency Resolution No. 1867 was duly passed, approved, and adopted by the City Council and Redevelopment Agency at a regular meeting held on the 16th day of March, 2004. Executed this 16th day of March, 2004.