RESOLUTION NO. 2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE Disposition and Development Agreement by and between the City of Fullerton and Westpark investments, llc and ta partners for the Sale of property located at 212 east santa fe aveNUE, fullerton, ca (apn 033-030-18), AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THIS ACTION AND finding that this action IS PURSUANT TO CEQA GUIDELINES SECTION 15070, AN INITIAL STUDY / MITIGATED NEGATIVE DECLARATION WHEREAS, the City owns approximately 2.05 acres of real property at 212 East Santa Fe Avenue (“Property”).
WHEREAS the City entered into an Exclusive Negotiation Agreement (ENA), with the Developer, West Park Investments, LLC and Parkwest Contractors to develop a portion of a city owned public parking lot at the southwest corner of East Santa Fe Avenue and South Pomona, into an upscale boutique hotel on December 4, 2018.
WHEREAS, since the August 2021 ENA Extension, the Developer has modified the project to construct 140 residential units, 124 room hotel, 3,570 square feet of retail, 3,570 square foot restaurant and 412 parking stalls (City, Residential and Hotel parking) (“Project”).
WHEREAS, the purchase price payable by the Developer for the Property pursuant to the DDA is not less than the fair market value of the Property as determined by an appraisal within the preceding six months.
WHEREAS, the proposed project will provide much needed housing and hotel space in the transit corridor and facilitate the City’s efforts to revitalize and stimulate development in the area consistent with the City’s General Plan.
WHEREAS, City Council adopted Resolution 2022-XXX on November 15, 2022 declaring its intent to sell the property, declaring the property exempt surplus land and setting a public hearing for December 6, 2022 to hear any protests to the proposed transaction and take action on the DDA.
WHEREAS, City Council has conducted the duly noticed public hearing and desires to overrule any protests received and proceed with the transaction.
WHEREAS, City Council has duly considered all terms and conditions of the proposed DDA and believes that the development of the Project on the Property is in the best interest of the City of Fullerton 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 , THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS:
1. All of the above recitals are true and correct and incorporated herein by reference.
2. City Council hereby approves the DDA, attached hereto as Attachment 1 in substantially final form, by and between the City of Fullerton and Westpark Investments, LLC and TA Partners for the sale of property located at 212 East Santa Fe Avenue, Fullerton, CA (APN 033-030-18) and authorizes the City Manager to take all actions necessary to effectuate this action
3. City council hereby finds that this proposed sale of the Property has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq) and the City’s Local CEQA Guidelines. As a result of that analysis, it has been determined that this transaction . . . .
4. This Resolution shall take effect from and after its date of adoption _____________________________
Fred Jung
Mayor
ATTEST:
______________________
Lucinda Williams, MMC
City Clerk
Attachments:
Attachment 1: Disposition and Development Agreement
82471.01020\40876149.1
82471.01020\40876149.1