Res 07-058
RESOLUTION NO. 07-058
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
CONSENTING TO THE APPROVAL OF A DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE POWAY REDEVELOPMENT AGENCY AND
POWAY MEADOWS, L.P., AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
WHEREAS, the Poway Redevelopment Agency ("Agency") is engaged in
activities necessary to carry out and implement the Redevelopment Plan for the Paguay
Redevelopment Project ("Project"); and
WHEREAS, in order to carry out and implement such Redevelopment Plan the
Agency proposes to enter into that certain Disposition and Development Agreement
("Agreement") with Poway Meadows, L.P. ("Developer") for the development of
approximately 4.09 acres of real property generally located at 12920 Metate Lane
("Metate Parcel") and 1.663 acres of property generally located at 13930-32 York
Avenue ("York Parcel"), both within the City of Poway (together, the "Site"); and
WHEREAS, the Agency has acquired the Site with funds from its Low and
Moderate Income Housing Fund; and
WHEREAS, the Agency and the Developer desire for the Agency to convey the
Site to the Developer, and for the Developer to purchase the Site and to develop a for-
sale housing project on the Site ("Housing Development"), with thirty housing units to be
constructed on the Metate Parcel and three housing units to be constructed on the York
Parcel (the "Residential Units"); and
WHEREAS, twenty-eight of the Residential Units shall be restricted for sale to
Moderate Income Households at an Affordable Housing Cost (as defined in Section
50052.5 of the Health and Safety Code), and five of the Residential Units shall be
restricted for sale to Lower Income Households at an Affordable Housing Cost, as set
forth in more detail in the Agreement; and
WHEREAS, the construction and operation of the Housing Development is
intended to implement the Agency's goals and objectives under the Act to provide
decent, safe afld sanitary housing for persons and families of low and moderate income,
and to increase, improve and preserve housing available at affordable housing cost to
persons and families of low and moderate income, pursuant to the Redevelopment Plan
and Health & Safety Code Sections 33334.2, et seq., and 33413; and
WHEREAS, the Developer has submitted to the Agency and the City Council of
the City of Poway (the "City Council") copies of the Agreement in a form executed by
the Developer; and
WHEREAS, the Purchase Price payable by Developer for the Site pursuant to
the Agreement is not less than the fair reuse rental value of the Site, as determined by a
reuse value analysis commissioned by the Agency; and
Resolution No. 07-058
Page 2
WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law
(California Health and Safety Code Section 33000, et seq.), the Agency is authorized,
with the approval of the City Council after a duly noticed public hearing, to sell the Site
for development pursuant to the Redevelopment Plan upon a determination by the City
Council that the sale of the property will either assist in the elimination of blight or
provide affordable housing for low and moderate income persons, that the consideration
for such sale is not less than either the fair market value or fair reuse value of the Site in
accordance with the covenants and conditions set forth in the Agreement and the
development costs required therein, and that the Agreement is consistent with the
implementation plan which has been adopted by the Agency for the Project; and
WHEREAS, a joint public hearing of the Agency and City Council on the
proposed Agreement was duly noticed in accordance with the requirements of Health
and Safety Code Sections 33431 and 33433; and
WHEREAS, the proposed Agreement and a summary report meeting the
requirements of Health and Safety Code Section 33433 were available for public
inspection prior to the joint public hearing consistent with the requirements of Health
and Safety Code Section 33433; and
WHEREAS, on July 17, 2007, the Agency and City Council held a joint public
hearing on the proposed Agreement, at which time the City Council reviewed and
evaluated all of the information, testimony, and evidence presented during the joint
public hearing; and
WHEREAS, all actions required by all applicable law with respect to the
proposed Agreement have been taken in an appropriate and timely manner; and
WHEREAS, the City Council has reviewed the summary required pursuant to
Health and Safety Code Section 33433 and evaluated other information provided to it
pertaining to the findings required pursuant to Health and Safety Code Section 33433;
and
WHEREAS, the City Council has previously determined, in its adoption of the
ordinance approving the Paguay Redevelopment Project, that the Site was blighted;
and
WHEREAS, the Agreement would provide for the elimination of such blighting
conditions by providing for the construction of high quality single family housing units on
the Site; and
WHEREAS, the Agreement would provide affordable housing for low and
moderate income persons on the Site; and
WHEREAS, the Agency has adopted an Implementation Plan pursuant to Health
and Safety Code Section 33490, which specifically identifies the intent of the Agency to
provide for the development of affordable housing for low and moderate income
households ("Implementation Plan"); and
Resolution No. 07-058
Page 3
WHEREAS, the Agreement will assist the Agency in meeting the objectives set
forth in the Implementation Plan by providing for the development of the Residential
Units on the Site and the sale of each of the Residential Units to persons and families of
low or moderate income; and
WHEREAS, the City Council, as the Lead Agency pursuant to the California
Environmental Quality Act, California Public Resources Code Section 21000, et seq.
("CEQA"), has adopted on July 17, 2007 a Mitigated Negative Declaration in connection
with the City Council's approval of Specific Plan No. 06-01, Tentative Tract Map No. 06-
06, Development Review No. 06-06, and Variance No. 07-01 as to the Metate Parcel,
and Minor Development Review Action Nos. 06-66, 06-67, and 06-88 as to the York
Parcel; and
WHEREAS, the City Council has duly considered all terms and conditions of the
proposed Agreement and believes that the redevelopment of the Site pursuant thereto
is in the best interests of the City of Poway and the health, safety, and welfare of its
residents, and in accord with the public purposes and provisions of applicable state and
local laws and requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway that:
Section 1. Each of the foregoing recitals is true and correct.
Section 2. The City Council finds and determines that, based upon substantial
evidence provided in the record before it, the consideration for the Agency's sale of the
Site pursuant to the terms and conditions of the Agreement is not less than the fair
reuse value of the Site, in accordance with covenants and conditions governing the sale
and the development costs required under the Agreement.
Section 3. The City Council hereby finds and determines that the disposition of the
Site pursuant to the Agreement will eliminate blight within the Project Area by providing
for the proper reuse and redevelopment of a portion of the Project Area which was
declared blighted for the reasons described above.
Section 4. The City Council hereby finds and determines that the Agreement would
provide affordable housing for low and moderate income persons on the Site.
Section 5. The City Council hereby finds and determines that the Agreement is
consistent with the provisions and goals of the Implementation Plan.
Section 6. The City Council hereby consents to the Agency's approval of the
Agreement and its disposition of the Site to the Developer pursuant to the Agreement.
- ".
Section 7. The City Council hereby finds and determines that there have been no
substantial changes in the Housing Development project or the circumstances under
which the Housing Development project is undertaken, and there is no new information
with respect to the Housing Development project, which would require any further
environmental analysis or approvals pursuant to CEQA. The City Clerk is hereby
authorized to prepare and file a Notice of Determination with the Clerk for the County of
San Diego pursuant to 14 California Code of Regulations Section 15075.
Resolution No. 07-058
Page 4
Section 8. This Resolution shall take effect from and after its date of adoption.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 17th day of July 2007.
ATTEST:
~~M~ ~~
L. ia Shea, City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. 07-058 was duly adopted by
the City Council at a meeting of said City Council held on the 17th day of July, 2007,
and that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
BOYACK, HIGGINSON, REXFORD, CAFAGNA
NONE
EMERY
NONE
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L. Diane Shea, City Clerk
City of Poway