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2002-235RESOLUTION NO. 2002R-235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND MCP FOODS REGARDING CERTAIN PROPERTY AT THE SOUTHWEST CORNER OF BROADWAY AND ATCHISON STREET IN THE CITY OF ANAHEIM 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 (the "Redevelopment Plan") for the Commercial- Industrial Redevelopment Project (the "Redevelopment Project"); and WHEREAS, in order to implement the Redevelopment Plan, the Agency proposes to enter into a certain Disposition and Development Agreement dated as of November 19, 2002 (the "DDA"), with MCP Foods (the "Developer") pursuant to which (a) Agency would sell to the Developer that certain real property located at the southwest comer of Broadway and Atchison Street in the City of Anaheim (the "Property"); and (b) Developer would install certain landscaping improvements on the Property and surrounding property owned by Developer (collectively, the "Landscape Area"), as set forth in the DDA and the Scope of Work and Schedule attached thereto; and (c) upon completion, the Landscape Area would be operated and maintained in accordance with the covenants set forth therein (the "Project"); and WHEREAS, in its 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 contribute to the preservation of open space within the City; and WHEREAS, in connection with the DDA, Agency has prepared, reviewed and considered a summary report setting forth: (a) (c) (d) the cost of the DDA to the Agency; and the estimated value of the interests to be conveyed to the Developer, determined at the highest and best uses permitted under the Redevelopment Plan; and the estimated value of the interests to be conveyed, determined at the uses and with the conditions, covenants and development costs required by the sale; and the purchase price for the Property; and WHEREAS, the DDA contains all of the terms, covenants, conditions, restrictions, obligations and provisions required by state and local law; and b:"x [)CK'S~ DEVSVCS\ RESOI.tFI'N\ AHR2AI l B. DOC WHEREAS, pursuant to the Calitbrnia 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 constitutes an in-fill development project pursuant to Section 15332 of the Guidelines, and therefore is exempt from CEQA, because the Project is consistent with the applicable general plan designation for the Property and the zoning designation thereof; the Project is within City limits on a site consisting of no more than five (5) acres, substantially surrounded by urban uses; the Property has no value as habitat for endangered, rare or threatened species; approval of the Project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the Property can be adequately served by all required utilities and public services; and WHEREAS, furthermore, pursuant to Guidelines Section 15183, because the Project is consistent with the general plan and current zoning of the Property, for which an EIR has previously been prepared and certified, and because there are no significant environmental effects of the Project which were not previously analyzed in such previously prepared and certified EIR, and because the Agency hereby incorporates all mitigation measures applicable to the Project as set forth in the previously prepared and certified EIR, the Agency hereby finds that no further documentation under CEQA is required with respect to approval of the DDA and the Project by the Agency; and 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; 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 heating on the proposed DDA, at which public hearing all persons were given an opportunity to be heard. NOW, THEREFORE, THE ANAHEIM REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: 1. 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 the fair reuse value in accordance with conditions, covenants and development costs required by the DDA. 2. The City Council 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, 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:\ DOCS\ DE3,zSVCS\ RESOLU'rN\ AHR2A l 1 B. DOC 3. 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 City Council hereby consents to the execution of the DDA by the Agency. [Remainder of this page intentionally left blank.] F:\ DOCS\ DEVSVCS\ RESOLUTNN AHR2AI 1B. DOC THE FOREGOING RESOLIUTION IS PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS 19 ~ DAY OF November ,2002. ATTEST: MAYOR OF C~TY CL~ APPROVED AS TO FORM: J ~A~ey ~ j~n ~~dh-~ead 1V 5~sistant City Attorney F:\ DOCS\ DEVSVCS\ RESOLUTN\ AHR2All B.DOC STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2002R-235 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 19th day of November, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None CI~I-Y CLER/K OF filE CITY OF ANAHEIM (SEAL)