RES-2006-183RESOLUTION NO. 2006-183
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH
WL HOMES LLC AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Agency's is engaged in
implementation of the Redevelopment Plan for Anaheim's Merged Redevelopment Project
(the "Redevelopment Plan'; and
WHEREAS, the Agency desires to redevelop those approximately nine and forty-three
hundredths (9.43) acres commonly known as the "Kwikset Site" and generally located on
Santa Ana Boulevard and Olive Street in the City of Anaheim (the "Agency Parcel'; and
WHEREAS, in order to implement the Redevelopment Plan, the Agency desires to enter into
that certain Disposition and Development Agreement dated for purposes of identification only
as of August 1, 2006 (the "DDA") by and between the Agency and WL Homes LLC, dba
John Laing Homes (the "Developer's pursuant to which (i) the Agency would sell the Agency
Parcel to the Developer, (ii) the Developer would construct housing on the Agency Parcel
(hereinafter, the "Site") for subsequent sale to moderate-income persons or families at
affordable housing costs, requiring that such houses remain continuously occupied by
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 ("CRL'~, 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 Agency Parcel for development
pursuant to the Redevelopment Plan upon a determination by the City Council that the
consideration for such sale or lease is not less than fair market value at highest and best use
permitted under the Redevelopment Plan or fair reuse value at the use and with the covenants
and conditions and development costs authorized by the sale or lease; 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 Agency Parcel; and
WHEREAS, the DDA contains all of the terms, covenants, conditions, restrictions,
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, will provide housing for moderate income persons, 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 DDA and the conceptual site plan and elevations for the Housing Project; and
WHEREAS, pursuant to the CRL, the Agency Governing Boazd 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 Fmject is in the best interests of the City of
Anaheim and the health, safety, morals and welfaze of its residents, and is in accord with the
public purposes and.provisions of applicable state and local law and requirements.
2
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:
(i) the consideration for the Agency's disposition of the Agency Parcel pursuant to
the DDA is not less than the fair market value at the highest and best use
permitted under the Redevelopment Plan, and
(ii) the development of the Housing Project will assist in the elimination of blight
in the Redevelopment Froject Area, will contribute to the provision of housing
for 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, in substantially 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 EIGHTH (8TH) DAY OF
AUGUST, 2006, BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Pringle, Council Members Chavez, Sidhu, Galloway, Hernandez
NOES: None
ABSTAIN: None
ABSENT: None
MAYOR
ATTEST:
ITY CL RK
62701.1