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HomeMy WebLinkAboutResolution No. 11-R26RESOLUTION NO. 11-R26 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA MAKING FINDINGS REGARDING AND APPROVING THAT CERTAIN 2011 DISPOSITION AND DEVELOPMENT AGREEMENT (CHARVAT FAMILY) WITH THE CHARVAT FAMILY LLC WHEREAS, pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code § 33000, et seq.), the City Council ("City Council") of the City of Azusa ("City") approved and adopted its Merged Central Business District and West End Redevelopment Plan ("Redevelopment Plan") applicable to certain geographic areas within the City ("Project Area"); and WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") is engaged in activities to implement the Redevelopment Plan; and WHEREAS, the Agency owns real property generally described as 17525 E. Arrow Highway, Azusa, California (Assessor's Parcel Nos. 8621-024-903 and 904) ("Developer Property") and 17511 E. Arrow Highway, Azusa California (Assessor Parcel Number 8621-024- 001) ("Agency Parcel") located within the Project Area; and WHEREAS, Agency staff has negotiated the terms of that certain 2011 Disposition and Development Agreement (Charvat Family) ("Agreement") with Charvat Family LLC, a California limited liability company ("Charvat"), providing for, among other things, Agency conveyance of the Developer Property to Charvat, Charvat's redevelopment of the Developer Property as a 40,000 to 60,000 square foot retail store ("Project"), and the Agency's grant of an easement to Charvat for the use of a portion of the Agency Parcel for reciprocal parking; and WHEREAS, pursuant to Health and Safety Code Section 33433, the Agency prepared and submitted to the City Council and made available for public review, a property disposition summary report.("Summary Report') setting forth: (1) the cost of the Agreement to the Agency; (2) the estimated value of the interest in the Developer Property to be conveyed to Charvat pursuant to the Agreement; (3) an explanation of how the conveyance of the Developer Property to Charvat pursuant to the Agreement will assist in the elimination of blight within the Project Area; and (4) a copy of the Agreement; and WHEREAS, pursuant to Health and Safety Code Sections 33431 and 33433, the Agency caused notice of a joint public hearing before the City Council and the Agency's governing board regarding the proposed Agency conveyance of the Developer Property to Charvat for development of the Project pursuant to the Agreement to be published in a newspaper of general circulation within the City; and WHEREAS, pursuant to the provisions of Health and Safety Code Section 33433, on June 6, 2011, the City Council and the Agency's Governing Board held a noticed joint public hearing regarding the proposed Agency conveyance of the Developer Property to Charvat for development of the Project pursuant to the Agreement; and WHEREAS, pursuant to the provisions of Health and Safety Code Section 33433, the City Council, acting as the Agency's legislative body, made all legally required findings and approved, consented to and authorized Agency conveyance of the Developer Property to Charvat for development of the Project pursuant to the Agreement, as set forth in City Council Resolution No. , dated June 6, 2011; and WHEREAS, the City, acting as lead agency, has determined that the Project constitutes a "project" under the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. ("CEQA"), and has further determined that the Project is exempt from environmental review under CEQA pursuant to Public Resources Code Section 21084 and Title 14 California Code of Regulations Section 15332 because the Project is in -fill development (1) consistent with the applicable general plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations; (2) occurring within city limits on a project site of no more than five acres substantially surrounded by urban uses; (3) the project site has no value as habitat for endangered, rare or threatened species; (4) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (5) the site can be adequately served by all required utilities and public services. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Azusa as follows: Section 1. The facts set forth in the recitals preceding this Resolution are true and correct and are hereby incorporated into this Resolution. - Section 2. The Agency, acting as a responsible agency, has reviewed and considered the potential environmental effects of the Project and the City's finding that the Project is exempt from environmental review under CEQA pursuant to Public Resources Code Section 21084 and Title 14 California Code of Regulations Section 15332. The Agency, acting as a responsible agency, hereby finds and determines that there are no changes to the Project or the circumstances surrounding the Project and there is no new information regarding the Project, since the City's determination that the Project is exempt from environmental review under CEQA, that would justify or require further environmental review or documentation regarding the Project pursuant to CEQA. The Agency directs and authorizes the Agency Secretary to file all appropriate notices under CEQA regarding the findings made and actions taken in this Resolution, with the County of Los Angeles, California, within five (5) days following the date of adoption of this Resolution. Section 3. Based on the information made available in the Summary Report, the staff report accompanying this Resolution, the oral presentation of staff and other written and oral evidence presented to Agency at or prior to the public hearing regarding the proposed Agency conveyance of the Developer Property to Charvat pursuant to the Agreement, the Agency finds and determines that: (a) The Agency's conveyance of the Developer Property to Charvat pursuant to the Agreement will assist in the elimination of blight in the Project Area; (b) The Agency's conveyance of the Developer Property to Charvat pursuant to the Agreement for development as a retail store is consistent with the implementation plan adopted by the Agency for the Project Area pursuant to Health and Safety Code Section 33490; (c) The consideration to the Agency for the conveyance of the Developer Property to Charvat pursuant to the Agreement is not less than the fair reuse value of the Developer Property at the use and with the covenants, conditions and development costs imposed by the Agreement. Section 4. The Agreement in substantially the form attached to the Summary Report is hereby approved. Section 5. The Executive Director is hereby authorized to sign the Agreement on behalf of the Agency. The Executive Director is further authorized to take any actions and sign any and all documents necessary or convenient to perform the obligations or enforce the rights of the Agency pursuant to the Agreement on behalf of the Agency. Section 6. This Resolution shall take effect immediately upon its adoption. Section 7. The Agency Secretary shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED THIS 6th day of June, 2011. Agency Secretary Jose h R. Rocha Chairperson I, Vera Mendoza, Secretary of the Redevelopment Agency of the City of Azusa, do hereby certify that the foregoing Resolution No.I I -R26 was duly and regularly passed and adopted by the Redevelopment Agency of the City of Azusa at a meeting thereof held on the 6th day of June, 2011, and was carried by the following vote: AYES COUNCIL MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES COUNCIL MEMBERS: NONE ABSTAIN : COUNCIL MEMBERS: NONE ABSENT : COUNCIL MEMBERS: NONE Vera Mendoza, Agency