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ARA2002-02RESOLUTION NO. ARA2002-2 RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY 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 cedain 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 (d) 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 will provide housing for Iow- or moderate-income persons; and WHEREAS, in connection with the DDA, Agency has prepared, reviewed and considered a summary report setting forth: 1. the cost of the DDA to the Agency; and 2. the estimated value of the interests to be sold to Developer, determined at the highest and best uses permitted under the Redevelopment Plan; and 3. 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 4. 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 i21R") analyzed the impacts of zoning for residential development an area, the boundaries of which include the Property; and F:\ DOCS\ HOUSING\RESO L LTN\ SSR2 517A.DOC 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. WHEREAS, Agency 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; 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 Anaheim Redevelopment Agency as follows: 1. The Agency 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 Agency further hereby incorporates all feasible mitigation measures and alternatives developed in the South Anaheim EIR into the Project. 2. The Agency 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 Agency hereby finds and determines that, based on substantial evidence in the record before 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. F:\DOC~HOUSING, RESt )LUTN\SSR2517A.I)()C 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. [Remainder of this page intentionally left blank.] F:\ DOCS\ HOUSING\ RESOLUTN\ SSK2517A.DOC THE FOREGOING RESOLIUTION IS PASSED, APPROVED AND ADOPTED THIS ELEVENTH (11TM) DAY OF JUNE, 2002 BY THE FOLLOWING VOTE: AYES: Feldhaus, NOES: None ABSENT: None ABSTAIN: None Kring, Tait, A'I-I'EST: McCracken, Daly CHAIRI~I~N, ANA~I~IM REDEf~ELOPMENT AGENCY APPROVED AS TO FORM: JACKf~ity Attorney ".,.~John E. Woodhead IV ~tant City Attorney F:\ DOCS\ HOUSING\ RESOLUTNk SSR2517B.DOC