ARA-2009-003RESOLUTION NO. ARA- 2009 -003
RESOLUTION OF THE GOVERNING BOARD OF THE ANAHEIM
REDEVELOPMENT AGENCY APPROVING A COOPERATION
AGREEMENT (TRANSFER OF THE CHERRY ORCHARD AFFORDABLE
HOUSING SITE) BY AND BETWEEN THE ANAHEIM REDEVELOPMENT
AGENCY AND THE ANAHEIM HOUSING AUTHORITY AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Redevelopment Agency ") is
engaged in implementation of the Redevelopment Plan for the Anaheim Merged
Redevelopment Project (the "Redevelopment Plan "); and
WHEREAS, pursuant to the California Community Redevelopment Law (the "CRL "), the
Redevelopment Agency is required to expend a certain portion of the taxes which are
allocated to it pursuant to Section 33670 for the purposes of increasing, improving, and
preserving the community's supply of low- and moderate - income housing available at
affordable housing costs (the "Housing Set -Aside Funds "); and
WHEREAS, the Redevelopment Agency and the Housing Authority desire to assist with the
redevelopment of that certain parcel of real property (i) consisting of approximately one and
sixty nine hundredths (1.69) acres, (ii) generally located at 2748 Lincoln Avenue in the City
of Anaheim (the "Site "); and
WHEREAS, the Housing Authority is endeavoring to redevelop the Site as a multi- family
affordable housing project; to this end, the Housing Authority intends to enter into that certain
Affordable Housing Agreement of even date herewith with UHC 00190, L.P. (the
"Developer ") with respect to development of an affordable housing project (the "Housing
Project ") on the Site (the "Affordable Housing Agreement "); and
WHEREAS, the Redevelopment Agency owns Site; and
WHEREAS, the Redevelopment Agency utilized Housing Set -Aside Funds to acquire and
prepare the Site for subsequent transfer to Housing Authority for the development of the
Housing Project; and
WHEREAS, in order to implement the Redevelopment Plan, the Redevelopment Agency
desires to enter into that certain Cooperation Agreement (Transfer of the Cherry Orchard
Affordable Housing Site) dated as of May 1, 2009 (the "Cooperation Agreement ") with the
Housing Authority pursuant to which (i) the Redevelopment Agency would transfer the Site
to the Housing Authority, and (ii) the Housing Authority would use the Site in order to
implement the Affordable Housing Agreement and provide for the Housing Project; and
WHEREAS, pursuant to Section 33433 of the CRL, the Redevelopment Agency is
authorized, with the approval of the City Council of the City of Anaheim (the "City ") after
conducting a public hearing, to sell or lease the Site for development pursuant to the
Redevelopment Plan upon a determination by the City Council that the consideration for such
sale or lease is not less than fair reuse value at the use and with the covenants and conditions
and development costs authorized by the sale or lease; and
WHEREAS, in connection with the Cooperation Agreement, Redevelopment Agency staff
has had prepared, and the Redevelopment Agency has reviewed and considered, a "33433
Summary Report" setting forth:
(i) the cost of the Cooperation Agreement to the Redevelopment Agency,
(ii) the estimated value of the interests to be transferred to the Housing Authority,
determined at the highest and best uses permitted under the Redevelopment
Plan,
(iii) the estimated value of the interests to be transferred, determined at the uses
and with the conditions, covenants and development costs required by the
transfer, and
(iv) the purchase price for the Housing Authority's acquisition of the Site; and
WHEREAS, the 33433 Summary Report concludes that the consideration for Redevelopment
Agency's disposition of the Site to Authority in order to implement the Affordable Housing
Agreement and provide for the Housing Project is not less than the fair reuse value at the use
and with the covenants and conditions and development costs under the Cooperation
Agreement and the Affordable Housing Agreement; and
WHEREAS, the Housing Project will assist with the removal of blight and is consistent with
the implementation plan adopted by the Redevelopment Agency for the Redevelopment Plan
pursuant to Section 33490 of the CRL (the "Implementation Plan "); and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code
Section 21000 et seq.) ( " CEQA "), and the CEQA Implementing Guidelines (14 California
Code of Regulations Section 15000 et seq.) (the "Guidelines "), the City of Anaheim (the
"City ") adopted and certified Anaheim General Plan and Zoning Code Update Environmental
Impact Report No. 330 (the "General Plan Update EIR ") in connection with the City's
General Plan update in 2004 (as updated, the "General Plan "); and
WHEREAS, the General Plan Update EIR is a Program EIR under CEQA and the
Guidelines, addressing the environmental impacts from the City's ultimate build -out,
considering maximum densities and the effects thereof, and establishing a mitigation
monitoring program which requires, among other things, subsequent focused studies and the
implementation of mitigation measures where required; and
WHEREAS, the Redevelopment Agency has reviewed and determined that the Housing
Project falls within the scope of the activities addressed in the General Plan Update EIR and
the General Plan Update EIR adequately describes the Housing Project for purposes of CEQA
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because (i) the General Plan Update EIR is a Program EIR, (ii) the Housing Project is
consistent with the General Plan, (iii) the Housing Project presents no new environmental
effects which could occur that were not examined in the General Plan Update EIR, and (iv)
there is no new information to suggest that new mitigation measures would be required of the
Housing Project; and
WHEREAS, pursuant to the CRL, the Redevelopment Agency Governing Board and the City
Council of the City have conducted a duly noticed joint public hearing on the Cooperation
Agreement, at which public hearing all persons were given an opportunity to be heard; and
WHEREAS, the City Council of the City has duly considered all of the terms and conditions
of the Cooperation Agreement and believes that the Housing Project is in the best interests of
the City of Anaheim and the health, safety, morals and welfare of its residents, and is in
accord with the public purposes and provisions of applicable state and local law and
requirements.
NOW, THEREFORE, THE GOVERNING BOARD OF THE ANAHEIM
REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Environmental Assessment. The Redevelopment Agency hereby certifies
that it has reviewed the Housing Project and finds that impacts associated with the
development of the Housing Project have been previously covered in the General Plan Update
EIR.
Section 2. Section 33433 Findings. The Redevelopment Agency hereby finds and
determines that, based on substantial evidence in the record before it:
(i) the consideration for the Redevelopment Agency's disposition of the Site
pursuant to the Cooperation Agreement for subsequent development of the
Housing Project under the Affordable Housing Agreement is not less than the
fair reuse value at the use and with the covenants and conditions and
development costs under the Cooperation Agreement and the Affordable
Housing Agreement, and
the development of the Housing Project will assist in the elimination of blight
and is consistent with the Implementation Plan adopted by the Redevelopment
Agency for the Redevelopment Plan.
Section 3. Approval of Cooperation Agreement. The Cooperation Agreement, a copy
of which is on file with the City Clerk, is hereby approved.
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY
THE GOVERNING BOARD OF THE ANAHEIM REDEVELOPMENT AGENCY
THIS TWENTY -SIXTH (26TH) DAY OF MAY, 2009, BY THE FOLLOWING ROLL
CALL VOTE:
AYES: Chairman Pringle, Agency Members Hernandez, Sidhu,
Galloway, Kring
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CHAIRMAN
ATTEST:
SECRE ARY
72984.1
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