2002-121RESOLUTION NO. 2002R-121
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT WITH TRUCOR, INC.
REGARDING CERTAIN PROPERTY ON SOUTH LEMON
STREET AND MAKING CERTAIN ENVIRONMENTAL AND
OTHER FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is engaged in
implementation of the "Redevelopment Plan" for Sub-Area 2 of the South Anaheim Boulevard
Commercial/Industrial Redevelopment Project (the "Redevelopment Project");
WHEREAS, in order to implement the Redevelopment Plan, the Agency proposes to
enter into a certain Disposition and Development Agreement dated as of June 11, 2002 (the
"DDA"), with Trucor, Inc. (the "Developer") pursuant to which (a) Agency would sell to
Developer that certain real property and improvements consisting of four (4) single family
dwellings (the "Residential Structures"), such real property and improvements commonly known
as 612, 616, 620 and 624 South Lemon Street (the "Property"); (b) the Residential Structures
would be substantially rehabilitated in accordance with the Scope of Work and Schedule
attached to the DDA; and (c) upon completion, each Residential Structure and the legal parcel
on which it is located would be sold for owner-occupancy to a Iow- or moderate-income person
or family at an affordable housing cost and would be required to remain continuously occupied
by Iow or moderate income owners at an affordable housing cost for the period of the covenants
set forth therein (the "Project"); and
WHEREAS, in their current condition, the Property is a blighting influence on the
Redevelopment Project area; and
WHEREAS, the Project will remove the blighting influence described above and provide
housing for Iow and moderate income persons; and
WHEREAS, in connection with the DDA, Agency has prepared, and the City Council has
reviewed and considered, a summary report setting forth:
(a) the cost of the DDA to the Agency; and
(b) the estimated value of the interests to be sold to Developer, determined at the highest
and best uses permitted under the Redevelopment Plan; and
(c) 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
(d) the purchase price for the Property and Residential Structures; and
WHEREAS, the DDA contains all of the terms, covenants, conditions, restrictions,
obligations and provisions required by state and local law; and
WHEREAS, the South Anaheim Boulevard Overlay Zone Environmental Impact Report
(the "South Anaheim EIR") analyzed the impacts of zoning for a residential development area,
the boundaries of which include the Property; and
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WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code Sections 21000 et seq.) ("CEQA"), and the CEQA Implementing Guidelines (14 California
Code of Regulations Sections 15000 et seq.) (the "Guidelines"), the Agency has reviewed the
Project and determined that the Project is within the scope of the South Anaheim EIR, and no
further environmental documentation is required because:
(a) Pursuant to CEQA Section 21083.3, the Project is a residential development
consistent with the zoning enacted pursuant to the South Anaheim Boulevard Overlay Zone,
and there are no impacts (including without limitation cumulative impacts or offsite impacts)
peculiar to the Property that were not addressed in the South Anaheim EIR; and
(b) Pursuant to CEQA Guidelines Section 15162, (i) no substantial changes are
proposed in the Project, and no changes in circumstances under which the Project is being
undertaken have occurred which would require major revisions of the South Anaheim EIR due
to the involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects; and (ii) no new information which was not
known at the time the South Anaheim EIR was certified as complete shows that the Project will
have significant effects not discussed in the South Anaheim EIR, or will have more severe
effects than those shown in the South Anaheim EIR, or will make feasible mitigation measures
or alternatives previously found not to be feasible, or different from those considered in the
South Anaheim EIR which would substantially reduce significant effects of the Project; and
WHEREAS, the City Council has duly considered all of the terms and conditions of the
DDA and believes that the 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; and
WHEREAS, pursuant to the California Community Redevelopment Law, the Agency and
the City Council of the City of Anaheim have held a duly noticed joint public hearing on the
proposed DDA, at which public hearing all persons were given an opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as
follows:
1. The City Council hereby certifies that it has reviewed the Project and finds that,
pursuant to CEQA Section 21083.3 and Guidelines Section 15162, the Project is within the
scope of the South Anaheim EIR, and therefore no new environmental document is required.
The City Council further hereby incorporates all feasible mitigation measures and alternatives
developed in the South Anaheim EIR into the Project.
2. The City Council hereby finds and determines that, based on substantial evidence in
the record before it, the consideration for the Agency's disposition of the Property pursuant to
the DDA is not less than either the fair market or fair reuse value in accordance with conditions,
covenants and development costs required by the DDA.
3. The City Council hereby finds and determines that, based on substantial evidence in
the record befor~ it, the sale of the Property will assist in the elimination of blight in the
Redevelopment Project area, will contribute to the provision of housing for Iow- and moderate-
income persons, and is consistent with the implementation plan adopted by the Agency for the
Redevelopment Plan pursuant to Section 33490 of the California Community Redevelopment
Law.
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4. The DDA, a copy of which is on file with the Secretary of the Agency, is hereby
approved with such minor changes, additions or deletions as may be approved by the Agency's
Executive Director and General or Special Counsel, and the Executive Director is hereby
authorized and directed to execute said DDA on behalf of the Agency.
5. The Executive Director is hereby also authorized to take such actions and execute
such documents and instruments as she deems necessary or desirable for implementation of
the DDA.
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THE FOREGOING RESOLIUTION IS PASSED, APPROVED AND ADOPTED THIS
ELEVENTH (11TM) DAY OF JUNE, 2002 BY THE FOLLOWING VOTE:
AYES: Feldhaus, Kring, Tait, McCracken, Daly
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
APPROVED AS TO FORM:
JACK L. WHITE, City Attorney
jO, hn E. Woodhead IV
\
"~-~stant City Attorney
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