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HomeMy WebLinkAboutRDA Reso No 2009-09 RESOLUTION NO. 2009-09 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING THAT CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE, CITY OF LAKE ELSINORE AND POTTERY COURT HOUSING ASSOCIATES, L.P. WHEREAS, the Redevelopment Agency of the City of Lake Elsinore ("Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No. I ("Redevelopment Project Area"); and WHEREAS, in order to implement the Redevelopment Plan for the Redevelopment Project Area, the Agency proposes to sell the real property identified as the "Site" as defined in, and pursuant to the terms and provisions of a certain Disposition and Development Agreement ("Agreement") by and between the Agency and Pottery Court Housing Associates, L.P. ("Developer"); and WHEREAS, the proposed Agreement contains all the provisions, terms, conditions and obligations required by State and local law; and WHEREAS, the Agency has prepared, and the City Council has reviewed and considered, a summary report setting forth the cost of the Agreement to the Agency, including the sale of the Site to the Developer, and has made said summary report available for public inspection in accordance with Section 33433 of the California Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.); and WHEREAS, pursuant to provisions of the California Community Redevelopment Law, the Agency and the City Council have noticed and held a duly noticed joint public hearing on the proposed Agreement; and WHEREAS, in accordance with the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.: "CEQA"), the State CEQA Guidelines (Title 14, California Code of Regulations Section 15000 et seq.: "CEQA Guidelines"), the Project (as defined in the Agreement) is categorically exempt from CEQA and the CEQA Guidelines pursuant to a Class 32 categorical exemption for in-fill development projects; and WHEREAS, the City Council has considered all terms and conditions of the proposed Agreement, and has determined that the sale of the Site pursuant to the proposed Agreement is in the best interests of the City and in accord with the public purposes and provisions of applicable state and local laws. AGENCY RESOLUTION NO. 2009- 09 PAGE 2 OF 4 NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINOE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Agency hereby finds and determines that the sale of the Site, pursuant to the Agreement between the Agency and Developer, will assist in the elimination of blight and is necessary to effectuate the purposes of the Redevelopment Plan for the reasons set forth in the summary report. SECTION 2. The Agency hereby finds and determines that the sale will assist in the elimination of blight and the production of affordable housing and that the consideration to be paid by the Developer in accordance with the terms and provisions of the Agreement is not less than the fair market value of the Site. SECTION 3. The Agency hereby finds and determines that sale of the Site, in accordance with the terms and provisions of the Agreement, complies with the Implementation Plan adopted for this Redevelopment Project Area pursuant to Section 33490 of the California Health and Safety Code. SECTION 4. The Agency hereby finds and determines that the Project is categorically exempt from the CEQA and the CEQA Guidelines pursuant to a Class 32 categorical exemption for in-fill development projects. Specifically, the Agency finds finds that: 1. The Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. 2. The Project will occur within the City limits on a project site that is less than (5) acres and the site is substantially surrounded by urban uses. 3. The Project site currently consists of eleven single family residential dwelling units, parking, and vacant land and has no value as habitat for endangered, rare or threatened species. Moreover, as indicated in that certain Habitat Assessment Report for the Proposed Pottery Court Project Site dated for identification purposes as of March 16, 2009, the Project is not located within an MSHCP criteria cell and is consistent with the MSHCP Section 6 Plan Wide Requirements. No suitable habitat occurs on site and therefore no focused surveys are required. 4. Pursuant to that certain Traffic, Air Quality and Noise Analysis prepared by the Planning Center for the Pottery Court project dated for identification purposes as of April 2009, approval of the Project will not result in significant effects relating to traffic, noise or air. Furthermore, pursuant to that certain Water Quality Management Plan prepared for Pottery Court by SB&O, Inc. dated for identification purposes as of April 27, 2009, the approval of the Project will not result in any significant effects relating water quality. Finally, pursuant to that AGENCY RESOLUTION NO. 2009- 09 PAGE 3 OF 4 certain Phase I Cultural Resources Assessment of the Pottery Court project prepared by Archaeological Associates and dated for identification purposes only as of April 23, 2009, and that certain Pre-Construction Paleontological Assessment of the Pottery Court project prepared by Archaeological Associates and dated for identification purposes only as of April 23, 2009, approval of the Project will not result in any significant effects relating to cultural or archeological I resources on the Pottery Court site. 5. The Project can be adequately served by all required utilities and public services. SECTION 5. The Agency hereby authorizes the Executive Director to execute the Agreement substantially in the form on file with the Agency Secretary, issue interpretations, waive provisions, enter into amendments on behalf of the Agency, and to sign all documents and instruments necessary to implement and carry out this Agreement on behalf of the Agency in such form as is reasonably acceptable to the Agency Counsel i SECTION 6. The Agency Secretary shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force. PASSED, APPROVED AND ADOPTED this 26"' day of May, 2009. Thoma uc air ATTEST: s -De o'_ra Thomsen, Agency Secretary APPROVED"AS TO FORM: B rbara Leibold, Agency Counsel II AGENCY RESOLUTION NO. 2009- 09 PAGE 4 OF 4 STATE OF CALIFORNIA SS COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I I, Debora Thomsen, Agency Secretary for the Redevelopment Agency of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-09 was adopted by i the Redevelopment Agency of the City of Lake Elsinore, California, at a regular meeting held on the 26th day of May 2009, and that the same was adopted by the following vote: AYES: Chairman Thomas Buckley, Vice-Chairwoman Amy Bhutta, Member Daryl Hickman, Member Robert E. Magee, Member Melissa Melendez NOES: None ABSENT: None I ABSTAIN: None 77/417 DEBORA THOMSEN IZ AGENCY SECRETARY I-