RES-2007-031RESOLUTION NO. 2007 031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THAT CERTAIN DISPOSITION AND DEVELOPMENT
AGREEMENT (FUTURE PROPERTIES SHOPPING CENTER) WITH
FUTURE PROPERTIES MANAGEMENT, LLC AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is engaged in
implementation of the Redevelopment Plan for Anaheim's Merged Redevelopment Project
(the "Redevelopment Project and
WHEREAS, the Agency owns those two (2) parcels of real property consisting of
approximately seventy three hundredths (.73) acres generally located at 2157 and 2161 La
Palma Avenue in the City of Anaheim (the "Agency's Parcels and
WHEREAS, the Future Properties Management, LLC (the "Developer owns that parcel of
real property consisting of approximately ninety four hundredths (.94) acres (the
"Developer's Parcel together with the buildings located thereon (the "Existing Shopping
Center generally located adjacent to the Agency's Parcels at 1112 Brookhurst Street in the
City of Anaheim; and
WHEREAS, the Agency's Parcels and the Developer Parcel (collectively, the "Site have
been previously developed for urban use; and
WHEREAS, the Agency and Developer entered into that certain Exclusive Negotiation
Agreement dated as of September 1, 2006 (the "ENA pursuant to which the Agency and
the Developer (jointly, the "Parties negotiated with respect to the redevelopment of the Site;
and
WHEREAS, the Parties now wish to document the consummation of their negotiations under
the ENA and state the terms of the disposition of the Agency's Parcels, the rehabilitation of
the Existing Shopping Center and the development of certain improvements by entering into
that certain Disposition and Development Agreement (Future Properties Shopping Center)
dated as of March 1, 2007 (the "DDA and
WHEREAS, the DDA provides, among other things, that, upon satisfaction of various
conditions including obtaining all requisite entitlements, the Developer will undertake the
rehabilitation of the Existing Shopping Center and the construction of improvements related
thereto, including certain new structures (collectively, the "Development upon the
disposition of the Agency's Parcels to the Developer; and
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WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law (California
Health and Safety Code Section 33000, et seq.), the Agency is authorized, with the approval
of the City Council after a duly noticed public hearing, to sell property for redevelopment
pursuant to the Redevelopment Plan upon a determination by the City Council (i) that the sale
of the property will either assist in the elimination of blight or provide affordable housing for
low and moderate income persons, (ii) that the consideration for such sale is not less than
either the fair market value or fair reuse value of the property in accordance with the
covenants and conditions governing the lease and the development costs required thereof, and
(iii) that the sale is consistent with the Implementation Plan which has been adopted by the
Agency for the Redevelopment Project; and
WHEREAS, the City Council has previously determined, in its adoption of the ordinance
approving the Redevelopment Project, that the Site is blighted, including substandard
structures, serious grade problems, structural deterioration and poor maintenance; and
WHEREAS, the DDA would provide for the elimination of such blighting conditions by
providing for the Development on such previously blighted real property; and
WHEREAS, the consideration for the sale of the Agency's Parcels payable under the DDA is
not less than the fair market value of the Agency's Parcel, as determined by the Agency's
financial consultants; and
WHEREAS, the Agency has adopted an Implementation Plan for the Redevelopment Project
pursuant to Health and Safety Code Section 33490, which identifies goals and objectives
including eliminating substandard structures and eliminating physical and economic
deficiencies; and
WHEREAS, the Implementation Plan sets forth a program of actions which include
upgrading and expanding commercial programs, and expanding retail programs; and
WHEREAS, the DDA will assist the Agency in meeting the goals and objectives set forth in
the Implementation Plan and the program of actions by providing for the Development; and
WHEREAS, a joint public hearing of the Agency and City Council on the proposed DDA
(the "Public Hearing was duly noticed in accordance with the requirements of Health and
Safety Code Sections 33431 and 33433, and the proposed DDA, and a summary report
meeting the requirements of Health and Safety Code Sections 33433 was available for public
inspection prior to the Joint Public Hearing consistent with the requirements of Health and
Safety Code Section 33433; and
WHEREAS, on March 20, 2007, the Agency and City Council held the Joint Public Hearing
on the proposed DDA, at which time the Agency reviewed and evaluated all of the
information, testimony, and evidence presented during the joint public hearing; and
WHEREAS, all actions required by all applicable law with respect to the proposed DDA
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have been taken in an appropriate and timely manner; and
WHEREAS, pursuant to the California Environmental Quality Act "CEQA and the CEQA
Implementing Guidelines (14 California Code of Regulations Section 15000 et seq.) (the
"CEQA 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 CEQA
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 Agency has reviewed and determined that the Development falls within the
scope of the activities addressed in the General Plan Update EIR and the General Plan Update
EIR adequately describes the Development for purposes of CEQA because (i) the General
Plan Update EIR is a Program EIR, (ii) the Development is consistent with the General Plan,
(iii) the Development 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 Development; and
WHEREAS, the Development is within the scope of one or more of the projects analyzed
under the foregoing environmental documents, and (a) approval of the DDA does not
constitute a substantial change in those previously analyzed projects that will require major
revision of the CEQA documentation prepared therefor due to the involvement of new
significant environmental effects, or a substantial increase in the severity of previously
identified significant effects; (b) approval of the DDA does not constitute a change in the
circumstances under which those previously analyzed projects are to be undertaken which
will require major revisions of the previous CEQA documentation due to the involvement of
new significant environmental effects or a substantial increase in the severity of previously
identified significant effects; (c) there is no new information of substantial importance which
was not and could not have been known at the time the previous CEQA documents were
certified as complete or adopted that shows the previously analyzed projects will have any
significant effects not discussed in such previous CEQA documents, or will have substantially
more severe effects than were discussed in the previous CEQA documents; or that mitigation
measures or alternatives which would substantially reduce one or more significant effects
thereof, which were previously found infeasible, would in fact now be feasible; and (d) there
are no mitigation measures or alternatives different from those previously considered that
would substantially reduce one or more significant effects of the projects, which the
proponents refuse to adopt; and
WHEREAS, since the Development will require the processing and approval of land use
entitlements and permits, such land use entitlements will, to the extent necessary under
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CEQA and the CEQA Guidelines, be subject to further CEQA analysis; and
WHEREAS, the City Council has duly considered all terms and conditions of the proposed
DDA and believes that the redevelopment of the Site pursuant thereto is in the best interests
of the City of Anaheim 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 ANAHEIM DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. Consideration for Sale. The City Council hereby fmds and determines that,
based upon substantial evidence provided in the record before it, the consideration for the
Agency's sale of the Agency's Parcels pursuant to the terms and conditions of the DDA is not
less than the fair market value of the Agency's Parcels.
Section 2. Elimination of Blight. The City Council hereby finds and determines that the
sale of the Agency's Parcels pursuant to the DDA will eliminate blight within the
Redevelopment Project by providing for the proper reuse and redevelopment of a portion of
the Redevelopment Project which was declared blighted for the reasons described above.
Section 3. Consistency with Implementation Plan. The City Council hereby fmds and
determines that the DDA is consistent with the provisions and goals of the Implementation
Plan and the Redevelopment Plan.
Section 4. Approval of DDA. The City Council hereby approves the DDA and
authorizes the Agency to execute the DDA. A copy of the DDA when executed shall be
placed on file in the office of the City Clerk.
Section 5. Certification of Resolution. The City Clerk shall certify to the adoption of
this Resolution.
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THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS TWENTIETH (20TH)
DAY OF MARCH, 2007 BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTE'
TY CLERK
64880.1
MAYOR