HomeMy WebLinkAboutResolution No. 04-R60
RESOLUTION NO. 04-R6
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A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
AZUSA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT
WITH LTA, LLC PERTAINING TO PROPERTY LOCATED AT 428432
NORTH SAN GA13RIEL BOULEVARD
WHEREAS, the City Council of the City of Azusa ("City") approved and adopted a
redevelopment plan ("C13D Redevelopment Plan") for the Central Business District Redevelopment
Project Area ("CBD Project Area") on September 18, 1978, by Ordinance Number 2062, and approved
and adopted a separate redevelopment plan ("West End Redevelopment Plan") for the West End
Redevelopment Project Arca ("West End Project Area") on November 28, 1983, by Ordinance Number
2196; and
WHEREAS, on November 7, 1988, by Ordinance Number 2382, the CBD Project Area was
merged with the West End Project Area creating one merged project area ("Merged Project Area"); and
WHEREAS, on October 6, 2003, by Ordinance Number 03-06, the CBD Redevelopment Plan
and the West End Redevelopment Plan were replaced with one amended and restated redevelopment
plan ("Amended and Restated Redevelopment Plan") applicable to the Merged Project Area; and
WHEREAS, the Redevelopment Agency of the City ("Agency") is engaged in activities
necessary to execute and implement the Amended and Restated Redevelopment Plan for the Merged
Project Area pursuant to the provisions of California Community Redevelopment Law (Health and
Safety Code Section 33000 ct seq.) ("CRL"); and
WHEREAS, the Agency owns certain real property located at 428-432 North San Gabriel
Boulevard within the Merged Project Area ("Property'); and
WHEREAS, Agency staff and LTA, LLC ("Developer") have negotiated the terms of a
proposed disposition and development agreement ("Agreement") providing for, among other things, the
Developer's purchase of the Property and development of the Property in accordance with certain terms
and conditions set forth in the Agreement and the Amended and Restated Redevelopment Plan; and
WHEREAS, a copy of the Agreement is attached to this Resolution as Exhibit "A'; and
WHEREAS, CRL Section 33430 authorizes the Agency to sell real property for redevelopment
purposes; and
WHEREAS, CRL Section 33431 requires the Agency to hold a duly noticed public hearing
before making any sale of real property pursuant to CRL Section 33430 without public bidding; and
WHEREAS, on March 2, 2004 the Agency held a duly noticed public hearing to consider the
sale of the Property to the Developer and the approval of the Agreement; and
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NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of
Azusa as follows:
Section 1. The recitals of fact set forth above are true and correct.
Section 2. The Agency held a duly noticed public hearing on March 2, 2004, regarding the
transaction contemplated by the Agreement. The Agreement is approved in the form attached to this
Resolution as Exhibit "A".
Section 3. The Executive Director of the Agency, with the concurrence of Agency Counsel,
is authorized to execute and deliver the Agreement, subject to such non -substantive modifications of
the Agreement as the Executive Director of the Agency deems necessary and appropriate, with Agency
Counsel's approval. The Executive Director of the Agency is further authorized, with Agency
Counsel's approval, to cxcarte and deliver such other documents and instruments as may be reasonably
necessary or convenient to implement or carry out the Agreement.
Section 4. The Agency further finds and determines that the Agency's approval of the
Agreement is exempt from the requirements of the California Environmental Quality Act ("CEQA"),
pursuant to Title 14 California Code of Regulations Section 15061. The Agreement simply authorizes
the Agency to sell the Property to the Developer. There is no current development proposal for the
Property. Without any current development proposal, the Agency finds and determines that it can be
seen with certainty that there are no potentially significant effects on the environment arising from the
sale of the Property to the Developer and thus the activity is exempt from CEQA. (14 CCR section
15061(b)(3).) Further, it can be seen with certainty that the Agreement does not have a reasonably
foreseeable indirect or cunwlative impact on the environment because it is only an authorization to sell
the Property and does not involve any development. The transaction does not commit the Agency to
any specific course of action. Further, the Agreement requires the Developer to comply with all laws
applicable to the Property, including the City of Azusa's general plan and zoning, and to obtain the
approval of the City of Azusa, through the City's development application process, prior to
commencing any development of the Property in the future. The Executive Director of the Agency is
authorized and directed to file a Notice of Exemption under CEQA, regarding the Agency's action in
approving the Agreement by this Resolution, with the Clerk of the County of Los Angeles, within five
(5) days following the date of adoption of this Resolution.
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Section 5. This Resolution shall take eflect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 2nd day of rc 04.
By:
Chairperson of the"Govehiing Board
Redevelopment Agency of the City of
Azusa
ATTEST:
By:
Agency Secretary
L
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
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By: ��ii rt Ll�,t t
Agency Cimsel
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