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HomeMy WebLinkAbout012004 PH Condemantion Tang Prop 114-120 W. 1st StREQUEST FOR AGENCY ACTION AGENCY BOARD MEETING DATE: JANUARY 20, 2004 TITLE: Qdawnon 1st PUBLIC HEARING — CONDEMNATION OF TANG PROPERTY LOCATED AT 114 -120 WEST FIRST STREET EXECUTIVE DIRECTOR RECOMMENDED ACTION Adopt Resolution No. CRA 2004 -01 au property located at 114 -120 West Fir; necessity and interest therefore. AGENCY SECRETARY USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILL IN VOTEIACTION ON ORIGINALS — AFTER Meeting real blic The block bounded by First, Main, Sycamore and Walnut Streets is a major gateway to the City's Downtown. Caribou Industries owns a majority of the block, while the City of Santa Ana owns one lot on First Street and the Tang family owns two lots totaling 12,366 square feet (Exhibit 1) . The Tang property, which has been vacant for several years, does not meet the minimum lot size of 15,000 square feet required by the City's Commercial (C) zoning districts. Early last year, contact was initiated with the Tang family (Chien Keng Tang, Ling Chiu Tang and Shang Ming Wang) to ascertain their interest in developing or selling their property. A good faith offer was made on August 6, 2003, in the amount of $297,000 for the purchase of the 114 -120 West First Street site. No response was received regarding their interest in developing their property; however, the owners have expressed interest in the possibility of selling their property. Meanwhile, Caribou is proceeding with obtaining approvals to develop its properties with a mixed -use development including a restaurant and residential units. Specifically, the proposal includes the rehabilitation of the "United Automotive" building at the southwest corner of First and Main Streets for use as a restaurant, as well as the 1 4 Public Hearing - Condemnation of Tang Property Located at 114 -120 West First Street January 20, 2004 Page 2 rehabilitation of the nine existing residential units on the second floor. Along with Caribou's plans, the City's Planning Division is also processing a zone change and General Plan amendment for the entire block to encourage future development consistent with the vision for the area, which includes a residential loft component. Inclusion of the Tang property would assist in achieving this vision for the cohesive development of the block. Negotiations, therefore, have been pursued with the Tang family regarding purchase of the subject properties for redevelopment purposes; however, an impasse has been reached in the process. Thus, staff is requesting adoption of this resolution of necessity and initiation of condemnation proceedings. ENVIRONMENTAL IMPACT The lead agency, the City of Santa Ana, has previously approved Mitigated Negative Declaration ER No. 2003 -100 covering this project. FISCAL IMPACT Funds are available in the South Main Tax Allocation Bond Series 2003A Capital Project Fund account (account no. 552 - 936 - 6611). Ae 4d Jo P. Reekstin Executive Director JPR /SDG /kla H: Actions\2004CRA\PH- CondenmationTangProp -1 stSt- 1 -20 -04 APPROVED AS TO FUNDS AND ACCOUNTS: d R. oma Executi Director ItJ Finance & Management Services Agency 2 -I FIRST WALNUT i O 00 u u SECOND r w w U) O w 2 O U N STREET STREET STREET TANG PROPERTY 114 -120 West First Street EXHIBIT 1 3 f- w w t- Z I I 11 RESOLUTION NO. CRA 2004 -01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTIES LOCATED WITHIN THE SOUTH MAIN STREET REDEVELOPMENT PROJECT AREA OF THE CITY OF SANTA ANA LOCATED AT 114 —120 WEST FIRST STREET BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Board of Directors of the Community Redevelopment Agency of the City of Santa Ana ( "Agency "), on January 20, 2004, after written notice duly provided to all those claiming ownership, including the owners of the properties described hereafter, as they appear on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner that is most compatible with the greatest public good and the least private injury; C. Whether the properties proposed to be acquired is necessary for the Project; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2(a); E. Whether the Agency complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the properties described herein, as well as any other matter regarding the right to take said properties by eminent domain: and Resolution No. CRA 2004 -01 Page 1 of 5 F. Whether the Agency has statutory authority to acquire the properties by eminent domain. Section 2. The Agency has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, a previously prepared categorical exemption adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Agency finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The Agency hereby approves use of this previously adopted categorical exemption and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. The Agency as a result of said hearing, has determined that the public interest, necessity, health, safety and welfare require the acquisition by the Agency of the specified interest in the real properties located at 114 through 120 West First Street in the City of Santa Ana, California consisting of approximately 12,366 square feet (collectively referred to as "the Property "). The Properties are situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 4. The Agency hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said Agency of the Property for redevelopment purposes, including but not limited to assemblage. The location of the Project is at the southeast corner of First Street and Sycamore Street and its acquisition is planned and located in a manner that will be most compatible to the greatest public good and the least private injury. Section 5. The taking of the interest in said Property as above described is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution; the California Redevelopment Law, Health & Safety Code § 33000 et seq., including but not limited to §§ 33391 & 33342; the Redevelopment Plan for the City of Santa Ana's South Main Street Redevelopment Project Area; California Code of Civil Procedure sections 1240.010, 1240.020, and 1240.220; and other applicable law. Section 6. The offers required by Government Code section 7267.2 were made to the appropriate party or parties on or about August 6, 2003. Section 7. The Agency hereby declares that it is the intention of the Agency to acquire in its name, in accordance with the provisions of the laws of Resolution No. CRA 2004 -01 Page 2 of 5 the State of California with reference to condemnation procedures, all interests in and to said Properties. Section 8. That if any of the Properties have been appropriate for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. Said Properties are located within the South Main Street Redevelopment Project Area, City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 3 hereof. Section 10. The Agency is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The Agency's General Counsel is hereby authorized and directed to prepare, institute and prosecute in the name of the Agency such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property. The Agency's General Counsel is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the Agency's General Counsel. Section 12. This Resolution shall take effect immediately upon its adoption by the Community Redevelopment Agency, and the Secretary shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2004. APPROVED AS TO FORM: Joseph W. Fletcher General Counsel Benjamin Kaufman Assistant Counsel Miguel A. Pulido Chairperson Resolution No. CRA 2004 -01 Page 3 of 5 AYES: NOES: ABSTAIN: NOT PRESENT Boardmembers Boardmembers Boardmembers Boardmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Secretary of the Agency, do hereby attest to and certify the attached Resolution No. CRA 2004 -01 to be the original resolution adopted by the Community Redevelopment Agency of the City of Santa Ana on Date: Resolution No. CRA 2004 -01 Page 4 of 5 Secretary Community Redevelopment Agency of the City of Santa Ana W EXHIBIT A LEGAL DESCRIPTION IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA Lots 4 and 5 in Block 1 of Palmer's Addition to Town of Santa Ana, as shown on a Map recorded in Book 34, Page 87 of Miscellaneous Maps, Records of Orange County, California. Resolution No. CRA 2004 -01 Page 5 of 5 10