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HomeMy WebLinkAboutRDA Reso 2004-1866 RESOLUTION NO. 1866 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A MITIGATED NEGATIVE DECLARATION IS-o~10 FOR THE DEVELOPMENT OF A 14,360 SQUARE FOOT WALGREEN'S RETAIL STORE WITH DRIVE THRU PHARMACY AND ASSOCIATED PARKING WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA; AND DETERMINING AND DECLARING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND IMMEDIATE POSSESSION OF ASSESSOR PARCEL NUMBERS 619-121-01 AND 619-121-02, COMMONLY KNOWN AS 1101 THIRD AVENUE AND 293 NAPLES FOR THE CONSTRUCTION OF A REDEVELOPMENT PROJECT (DZ-001) AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID PROPERTIES IN THE MANNER PROVIDED BY LAW. WHEREAS, 3rt! and Naples, LLC, ("Developer") 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, the Developer has secured ownership to two parcels, and has entered into a contract to acquire an additional two parcels, however, has been unsuccessful in negotiations with the property owners to acquire fee title to the properties located at 293 Naples Street and 1101 Third Avenue; and WHEREAS, the Developer has requested that Agency acquire fee title to the properties; and WHEREAS, on January 31, 2003, Agency contacted the property owners of the subject properties, and offered them the opportunity to participate within the redevelopment project area, and they did not submit a statement of interest to participate within the project area; and WHEREAS, on October 31, 2003, Agency presented an initial offer to purchase the property, but the initial offer was rejected; and WHEREAS, Agency prepared an update to the appraisal and presented another offer to the property owners on February 12, 2004, and to date, no counter offer has been received; and WHEREAS, in connection with municipal purposes, the Redevelopment Agency of the City of Chula Vista must acquire Assessor Parcel Numbers 619-121-01 And 619-121-02, commonly known as 1101 Third Avenue and 293 Naples for construction of a Redevelopment Project (DZ-001) and appurtenances thereto ("Project"); and WHEREAS, public interest, convenience and necessity require the acquisition in fee simple of said real properties more particularly described in the attached Legal Description designated as Exhibit "A"; and depicted in a plat designated as Exhibit "B"; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-04- 010, in accordance with the California Environmental Quality Act; and Page 2 Resolution No. 1866 WHEREAS, based upon the results of Initial Study IS-04-010, the Environmental Review Coordinator has determined that the Project could result in significant effects on the environment; and WHEREAS, revisions to the Project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-04-010; and WHEREAS, the Redevelopment Agency of the City of Chula Vista has exercised its independent judgment and concurs with the Environmental Review Coordinator's determination that the proposed Project is adequately covered in Mitigated Negative Declaration 15-04-010, and that said document was prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; and WHEREAS, the Redevelopment Agency of the City of Chula Vista hereby adopts Mitigated Negative Declaration 15-04-010; and WHEREAS, said Project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and WHEREAS, said real properties, and the fee simple interest therein, are necessary for the Project; and WHEREAS, said real properties, and the fee simple interest therein, are located entirely within the territorial limits of the City of Chula Vista; and WHEREAS, Agency is authorized to acquire said real properties, for such public use by eminent domain pursuant, inter alia, to California Constitution Article 1, Section 19; California Government Code Section 37350.5, California Health and Safety Code Section's 33000, et. seq., and California Code of Civil Procedure Sections 1240.010, 1240.110, 1240.120, and 1255.410; and WHEREAS, an offer to purchase the herein described real properties necessary for the Project has been made to the owners of record, pursuant to Section 7267.2 of the California Government Code, which offer has not been accepted; and WHEREAS, Agency has provided notice to the persons designated in Section 1245.235 of the Code of Civil Procedure, and has provided all such persons a reasonable opportunity to appear and be heard on the matters referred to in Section 1240.030 of the Code of Civil Procedure. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista finds and determines and hereby declares, by a vote of not less than two-thirds of its members, as follows: 1. That the above recitations are true and correct. 2. The Redevelopment Agency of the City of Chula Vista has exercised its independent judgment and concurs with the Environmental Review Coordinator's determination that the proposed Project is adequately covered in Mitigated Negative Declaration IS-04-010, and Page 3 Resolution No. 1866 that said document was prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista. 3. The Redevelopment Agency of the City of Chula Vista hereby adopts Mitigated Negative Declaration IS-04-010. 4. That the staff report and all evidence presented at the public hearing on this matter have been reviewed and considered. 5. That the public interest, convenience and necessity of the City of Chula Vista, and the inhabitants thereof, require the Project and improvements and appurtenances thereto. 6. That the Project described herein has been planned and located in a manner, which will be most compatible with the greatest public good and the least private injury. 7. That the real properties described herein, and the fee simple interest therein, are necessary for the proposed Project. 8. That the offer, as required by Section 7267.2 of the California Government Code, has been made to the owners of record of the property to be acquired, and the notice and opportunity to appear before the Redevelopment Agency as required by Section 1245.235 of the California Code of Civil Procedure have been given. 9. That the Redevelopment Agency of the City of Chula Vista, and all appropriate officers, representatives and attorneys are hereby authorized and directed to acquire the real property described and depicted in the attached Legal Description Exhibit "A" in the name of and on behalf of the Redevelopment Agency of the City of Chula Vista, and to that end are hereby authorized and directed to commence and prosecute action(s) in eminent domain for the purpose of acquiring said real property and to obtain court order(s) for immediate possession of said properties in the manner provided by law. Presented by: Approved as to form by: J ~~ Ann Moore City Attorney Page 4 Resolution No. 1866 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 16th day of March, 2004 by the following vote: AYES: Members Davis, McCann, Rindone, Salas, and Chair/Mayor Padilla NOES: None ABSENT: None ABSTENTIONS: None ATTEST: STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss: CITY OF CHULA VISTA) I, Laurie A. Madigan, Executive Secretary to the Redevelopment Agency of the City of Chula Vista, California DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 1866 and that the same has not been amended or repealed. Dated: March 16, 2004