RES-2007-140RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH
TRUCOR, INC., THE BASIC CONCEPT PLAN 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 acquired certain parcels for a housing project "Agency "Parcels
and
WHEREAS, in order to implement the Redevelopment Plan, the Agency desires to enter into
that certain Disposition and Development Agreement dated as of August 15, 2007 (the "DDA
Lemon and Water III by and between the Agency and the Developer pursuant to which (i)
the Agency would sell the Agency Parcels as well as the residential buildings located thereon
to the Developer, and (ii) the Developer would obtain land use entitlements to restore the
buildings to Secretary of Interior standards for historic preservation and, thereafter, sell the
residences (the "Housing Project and
WHEREAS, the DDA (Lemon and Water III) is the third phase of a residential historic
preservation project in which phases I and II were completed in 2002 and 2003; and
WHEREAS, pursuant to Section 33433 of the California Redevelopment Law "CRI, 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 Parcels 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 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 "33433 Summary Report" setting forth:
(i) the cost of the DDA to the Agency,
(ii) the estimated value of the interests to be old to the Developer, determined at
the highest and best uses permitted under the Redevelopment Plan,
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 Parcels; and
WHEREAS, the 33433 Summary Report concludes that the purchase price for the Agency
Parcels under the DDA is not less than the fair reuse value based on ground that the Housing
(iii)
RESOLUTION NO. 2007 -140
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Project requires restoring the residential buildings to Secretary of Interior historic
preservation standards; 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 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, 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 Housing 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:
Section 2. Approval of DDA. The DDA, a copy of which is 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 -FIRST (21ST)
DAY OF AUGUST, 2007, BY THE FOLLOWING ROLL CALL VOTE:
AYES: MAYOR PRINCL E, COUNCIL MEMBERS HERNANDEZ, SIDHU, GALLOWAY, KRING
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST
CI CLERK
66346.1
(i) the consideration for the Agency's disposition of the Agency Parcels pursuant
to the DDA is not less than the fair reuse value, and
(ii) the development of the Housing Project will assist in the elimination of blight
and is consistent with the Implementation Plan adopted by the Agency for the
Redevelopment Plan.
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MAYOR