RES-2009-148RESOLUTION NO. 2009 -148
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH
BROOKFIELD OLIVE STREET II LLC AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Agency is engaged in
implementation of the Redevelopment Plan for the Anaheim Merged Redevelopment Project
the "Redevelopment Plan and
WHEREAS. the Agency desires to redevelop those approximately ten and eight
tenths (10.8) acres generally located at 516 East Santa Ana Street in the City of Anaheim (the
"Site"); and
WHEREAS, in order to implement the Redevelopment Plan, the Agency desires to
enter into that certain Disposition and Development Agreement (Colony Park Phase III,
Parcels J K) dated as of September 1. 2009 (the "DDA by and between the Agency and
Brookfield Olive Street II LLC. (the "Developer pursuant to which (i) the Agency would
sell the Site to the Developer, and (ii) Developer would construct housing on the Site for
subsequent sale. with some such houses to be sold to low or moderate income persons or
families at affordable housing costs, requiring that such houses remain continuously occupied
by love or moderate income owners at an affordable housing cost for the period of the
covenants set forth therein (the "Housing Project"); and
WHEREAS, pursuant to Section 33433 of the California Redevelopment Law
RI_ the 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
than the consideration for such sale or lease is not less than fair market value at its highest and
best use in accordance with the Redevelopment Plan; and
WHEREAS, in connection with the DDA, Agency staff has had prepared, and the
Agency has reviewed and considered, a `summary report" setting forth:
(i) the cost of the DDA to the Agency,
(ii) the estimated value of the interests to be sold to the Developer, determined at
the highest and best uses permitted under the Redevelopment Plan,
(iii) the estimated value of the interests to be sold, determined at the uses and with
the conditions. covenants and development costs required by the sale, and
(iv) the purchase price for the Developer's acquisition of the Site; and
WHEREAS, the DDA contains all of the terms, covenants, conditions, restrictions,
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obligations and provisions required by state and local law; and
WHEREAS, the Housing Project will assist with the removal of blight within the
Redevelopment Project and is consistent with the implementation plan adopted by the 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 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 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, the Anaheim Housing and Community Development Commission has
recommended that the City Council of the City and the Governing Board of the Agency
approve the DD a and the conceptual site plan and elevations for the Housing Project; and
WHEREAS, pursuant to the CRL, the Agency Governing Board and the City Council
of the City have conducted a duly noticed joint public hearing on the DDA, 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 DDA 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 CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. Section 33433 Findings. The City Council hereby finds and determines that,
based on substantial evidence in the record before it:
ATTESy
(i) the consideration for the Agency's disposition of the Site pursuant to the DDA
.s not less than fair market value at its highest and best use in accordance with
i he Redevelopment Plan, and
the development of the Housing Project will assist in the elimination of blight
to the Redevelopment Project area, will contribute to the provision of housing
for low and moderate- income persons, and is consistent with the
Implementation Plan adopted by the Agency for the Redevelopment Plan.
Section 2. Approval of DDA. The DDA, substantially in the form on file with the
Secretary of the Agency, is hereby approved.
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS FIRST (1ST) DAY OF
SEPTEMBER. 2009, BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CITY CLERK
APPROVED AS TO FORM:
CRISTINA L. TALLEY, CITY ATTORNEY
Bt
JOIN E. WOODHEAD IV,
Assistan: City Attorney
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ata-4 MAYOR