HomeMy WebLinkAbout2005-392
RESOLUTION NO. 2005-392
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE 2005 49TH STREET SINGLE
FAMILY RESIDENTIAL DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") AND TELACU
DEVELOPMENT, LLC ("DEVELOPER") (TELACU 49TH STREET NEW
HOMES PROJECT - 40TH STREET REDEVELOPMENT PROJECT AREA)
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency")
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is a public body corporate and politic; and
WHEREAS, the Agency owns the following eleven (11) vacant parcels: 263 49th Street
(APN: 0154-126-24); 271 49th Street (APN: 0154-126-26); 275 49th Street (APN: 0154-126-27);
279 49th Street (APN: 0154-126-28); 283 49th Street (APN: 0154-126-29); and (APN's: 0154-
125-08,09, 10, 11, 12 and 13) (the "Site"); and
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WHEREAS, each of the parcels of land identified above is referred to as the Site; and
WHEREAS, the Agency acquired the Site using low and moderate income housing tax
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increment set-aside funds; and
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WHEREAS, the Agency proposes to transfer the Site to Telacu Development, LLC, a
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California corporation (the "Developer") in accordance with the terms and conditions of an
agreement entitled "2005 49th Street Single Family Residential Disposition and Development
Agreement (Telacu 49th Street New Homes Project)", (the "2005 Agreement"); and
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WHEREAS, the Developer shall develop and improve the Site as may hereafter be
transferred by the Agency to the Developer pursuant to the 2005 Agreement with eleven (11)
New Homes (the "Project"), using the design and development standards, which are consistent
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with City General Plan and Development Standards which shall be approved by the Planning
Commission at a later date; and
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WHEREAS, the Agency has prepared and published a notice of joint public hearing in
the San Bernardino County Sun Newspaper on July 5 and 11, 2005, regarding the consideration
and approval of the 2005 Agreement; and
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2005-392
WHEREAS, pursuant to Health and Safety Code Section 33433(c), the Agency may
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transfer the Site to the Developer subject to the Mayor and Common Council adopting a
Resolution authorizing the Agency to transfer the Site in light of the findings set forth herein,
pursuant to Health and Safety Code Section 33433; and
WHEREAS, the Agency has prepared a Summary Report that describes the salient
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points of the 2005 Agreement and identifies the cost to the Agency of the disposition of the Site
and the development of the Project by the Developer.
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NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS
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FOLLOWS:
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Section 1.
The Recitals of this Resolution are true and correct.
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Section 2.
On November 21, 2005, the Mayor and Common Council ("Common
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Council") conducted a full and fair joint public hearing with the Community Development
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Commission ("Commission"), and considered the written Agency Staff Report relating to the
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2005 Agreement, the Summary Report and the testimony submitted relating to the disposition
and development of the Project by the Developer pursuant to the terms and conditions of the
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2005 Agreement. The minutes of the City Clerk for the November 21, 2005, joint public
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hearing of the Common Council and the Commission shall include a record of all
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communication and testimony submitted to the Common Council and the Commission at the
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joint public hearing by interested persons relating to the Summary Report, the Project and the
approval of the 2005 Agreement.
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Section 3.
This Resolution is adopted in order to satisfy the provisions of Health and
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Safety Code Section 33433 as those provisions related to the disposition of the Site by the
Agency to the Developer on the terms and conditions set forth in the 2005 Agreement. The
Common Council hereby finds and determines as follows:
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(i)
The Summary Report contains the information described in Health and Safety
Code Section 33433(a)(2)(B);
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2005-392
(ii)
The disposition and development of the Site by the Developer in accordance with
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the 2005 Agreement is consistent with the affordable single family housing
supply, preservation and expansion programs of the Agency Housing
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Implementation Plan.
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Section 4.
The Common Council hereby find and determine that the environmental
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review of the approval of the 2005 Agreement and the development activities contemplated
thereunder is a "categorically exempt project" under the California Environmental Quality Act
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(CEQA), pursuant to S 15332, Class 32. No potentially adverse environmental effects are
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anticipated to be associated with the development of the Project.
Section 5.
The Common Council hereby receives and approves the Summary Report
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and the 2005 Agreement in the form as submitted at this joint public hearing.
Section 6.
The Common Council hereby approves the disposition of the Site by the
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Agency to the Developer on the terms set forth in the 2005 Agreement.
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Section 7.
The City is not a party to the 2005 Agreement, and nothing in this
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Resolution shall be deemed to constitute an approval by the City of any application for a
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development project permit or approval, which the Developer may hereafter be required to
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obtain from the City as a condition precedent to the performance of the Developer's obligation
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under the 2005 Agreement with respect to the development of the Project and/or the
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construction of any New Home on the Site. The City hereby reserves its discretion under all
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applicable law to approve or reject, and to impose any appropriate condition of its approval on
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any such development project permit application as the Developer may hereafter submit to the
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City in connection with the Project.
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Section 8.
This Resolution shall take effect upon its adoption and execution in the
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manner as required by the City Charter.
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2005-392
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE 2005 49TH STREET SINGLE
FAMILY RESIDENTIAL DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") AND TELACU
DEVELOPMENT, LLC ("DEVELOPER") (TELACU 49TH STREET NEW
HOMES PROJECT - 40TH STREET REDEVELOPMENT PROJECT AREA)
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a ;oint regular
meeting thereof, held
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on the 21st day of November
,2005, by the following vote to wit:
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Council Members: Aves
ESTRADA X
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LONGVILLE X
MCGINNIS -1L
DERRY ---X-
KELLEY -1L
JOHNSON ---X-
MC CAMMACK X
Nays
Abstain
Absent
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k{)v~/~~ A, C1ard2)
Rachel G. Clark, City Clerk
b3 X1~~d;,Ji{ycilJY1a; 0efi\~
The foregoing resolution is hereby approved this ;)3!~ day of 'I1/fWA:.LV ,2005.
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Approved as to form and Legal Content:
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