Res 02-011RESOLUTION NO. 02-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY CONSENTING TO THE APPROVAL OF A DISPOSITION
AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE
POWAY REDEVELOPMENT AGENCY AND WATERFORD
DEVELOPMENT COMPANY, LLC, AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Poway Redevelopment Agency (the "Agency") is engaged in
activities necessary to carry out and implement the Redevelopment Plan for the Paguay
Redevelopment Project (the "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(the
"Agreement") with Waterford Development Company, LLC (the "Develope¢') for the
development of certain property located within the Project Area at the northeast corner
of Scripps Poway Parkway and Stowe Drive in the City of Poway (the "Site"), all as
described in the Agreement; and
WHEREAS, the Site has been acquired by the Agency; and
WHEREAS, the Developer desires to acquire the Site for the purpose of
developing a new business hotel thereon (the "Development"); 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, pursuant to the Agreement, the Agency would convey fee title to the
Site to the Developer, and the Developer would construct and operate the Development
on the Site; and
WHEREAS, the purchase price of the Site pursuant to the Agreement is not less
than the reuse value of the Site, as determined by a reuse value analysis commissioned
by the Agency; and
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 Iow 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 governing the sale and the development
costs required thereof, an:] that the sale is consistent with the implementation plan
which has been adopted by the Agency for the Project; and
Resolution No. 02-011
Page 2
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 January 29, 2002, 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 a high quality business hotel on the Site;
and
WHEREAS, the Agency has adopted an Implementation Plan pursuant to Health
and Safety Code Section 33490, which sets forth the goals and objectives of the
elimination of conditions which negatively impact economic development of the
community by acquiring, removing, consolidating and rehabilitating substandard
properties; and
WHEREAS, the Agreement will assist the Agency in meeting the objectives set
forth in the Redevelopment Plan to stimulate investment of the private sector in the full
development of the Project Area, to expand the resource of developable land by making
underutilized land available for development, to provide for the enhancements and
renovation of businesses within the Project Area to promote their economic vitality, to
upgrade existing commercial and industrial uses in the Project Area, to assist in the
replanning, redesign and development of underdeveloped areas which are stagnant or
improperly utilized, and to strengthen the economic base of the Project Area and the
community by the installation or provision of needed site
Resolution No. 02-011
Page 3
improvements and public facilities to stimulate new commemial and light industrial
expansion, employment and economic growth; and
WHEREAS, Section 21090 of the California Environmental Quality Act, California
Public Resources Code Section 21000, et seq. ("CEQA"), provides that all public and
private activities and undertakings pursuant to or in furtherance of, a redevelopment
plan are deemed to be a single project, and further environmental assessment under
CEQA for a project which is consistent with the redevelopment plan shall be limited to
cases in which effects upon the environment which are peculiar to the project and which
were not addressed as significant effects in the redevelopment plan environmental
impact report ("EIR"), or in which substantial new information shows will be more
significant than described in the redevelopment plan EIR; and
WHEREAS, the City, as the Lead Agency, conducted an initial study to evaluate
the potential for adverse environmental impacts and determined that a Negative
Declaration should be prepared and considered with regard to the Development in
accordance with the requirements of CEQA, in order to study the potential
environmental impacts of the Development, and thereafter prepared the Negative
Declaration; and
WHEREAS, the City provided public notice of its intent to adopt the Negative
Declaration for the Development and an opportunity for members of the public to
comment thereon, all in accordance with CEQA; and
WHEREAS, the City has considered the Negative Declaration and all evidence in
the record, including any comments submitted with regard to the Negative Declaration;
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
as follows:
1. The City Council finds and determines that, based upon substantial
evidence provided in the record before it, the consideration for the Agency's disposition
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.
Resolution No. 02-011
Page 4
2. 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.
3. The City Council hereby finds and determines that the Agreement is
consistent with the provisions and goals of the Implementation Plan.
4. The City Council hereby consents to the Agency's approval of the
Agreement and its sale of the Site pursuant to the Agreement.
5. The City has reviewed and considered the Negative Declaration and the
City finds and determines, based on all evidence in the record, including all comments,
if any, received regarding the Negative Declaration, that:
The Negative Declaration reflects the independent judgment of the
City;
There is no substantial evidence before the City that the
implementation of the Agreement will have any potential to cause
any significant impacts on the environment or adverse effects on
wildlife resources or habitat on which the wildlife depends; and
The City has, on the basis of substantial evidence, found that the
presumption of adverse effect set forth in 14 California Code of
Regulations § 753.5(d) does not apply; and, based on such findings
and determinations, the City hereby adopts the Negative
Declaration.
6. 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, and to prepare and file a Certificate of Fee
Exemption with the California Department of Fish and Game pursuant to 14 California
Code of Regulations section 753.3.
7. The City Clerk shall certify to the adoption of this Resolution.
Resolution No. 02-011
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PASSED, ADOPTED AND APPROVED by the City Council of the Poway,
California, at a regular meeting this 29th day of January 2002.
Mich
ATTEST:
Lori Anne Peoples, City Clerk
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 02- 011was duly adopted by the
City Council at a meeting of said City Council held on the 29th day of January 2002, and
that it was so adopted by the following vote:
AYES: EMERY,
NOES NONE
ABSENT: NONE
GOLDBY, HIGGINSON,
REXFORD, CAFAGNA
ABSTAIN: NONE
Anne ~eoples, 'City-~erk