RES-2010-174 RESOLUTION NO. 2010 -174
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING
A DISPOSITION AND DEVELOPMENT AGREEMENT (COLONY
MARKETPLACE) WITH LAB HOLDING, 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 certain five (5) parcels of real
property consisting of approximately 2.04 acres generally located at the northwest comer of
Anaheim Boulevard and Santa Ana Street, including the structures located thereon known as the
"Packing House Building" (at the south end) and the "Packard Building" (at the north end) (the
"Site "); and
WHEREAS, in order to implement the Redevelopment Plan, the Agency desires to enter
into that certain Disposition and Development Agreement (Colony Marketplace) dated as of
October 26, 2010 (the "DDA ") by and between the Agency and LAB Holding, LLC, (the
"Developer ") pursuant to which (i) the Developer would manage and operate the Site as a retail
center, and (ii) the Agency would subsequently dispose of the Site to Developer by lease with an
option to purchase (the "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 Site 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 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,
obligations and provisions required by state and local law; and
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WHEREAS, the 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 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 Project falls within the
scope of the activities addressed in the General Plan Update EIR and the General Plan Update
EIR adequately describes the Project for purposes of CEQA because (i) the General Plan Update
EIR is a Program EIR, (ii) the Project is consistent with the General Plan, (iii) the 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 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 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.
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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 Site pursuant to the DDA is
not less than fair market value at its highest and best use in accordance with the
Redevelopment Plan; and
(ii) the development of the Project 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.
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 TWENTY -SIXTH (26TH) DAY
OF OCTOBER, 2010, BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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MAYOR OF THE CIT A NAHEIM
.
ATTEST:
CITY CLERK OF THE CITY OF NAHEIM
APPROVED AS TO FORM:
CRISTINA . TA EY, CITY ATTORNEY
By.--
J • HN E. WOODHEAD IV,
ssistant City Attorney
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