2002-222RESOLUT)ON NO. 2002~-222
RESOLUTION OF THE CiTY COUNCIL OF THE CiTY OF
ANAHEIM APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT WITH W L HOMES, LLC,
DBA JOHN LAiNG HOMES REGARDING 5.3 .ACRES
LOCATED AT '!,24 WEST SANTA ANA STREET AND
~A~!NG CERTAIN ENVIRONMENTAL AND OTHER
FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Anaheh-n Redeveloprnen[ Agency (ti~e
~,n?,,~m~,:~dol, of ti~ Reosve!opn!ent P,~n for the Commercia!
Project (the "Re:development Project"); and
"Agenc:,?') is engaged in
fndustrial Redevelopment
WHEREAS, Section 33430 of the California Community Redevelopment Law ('Health &
Safety Code .... ' ~' . '
dou0u, et seq.: "CRL~) authorizes the Agency to sell or lease real propeF, y for
redeveiop-nent purposes; and
WHEREAS, in order to i~,-n, ple~,'n, ent the Redevelopment Plan. the Agency proposes to
enter into ~ cedain Disposit;on and Developmen! Agreem'ent dated aS of October 22, 2002 (the
..... ¢, with W ,_ r-tomes. LLC. dba John Laino Hc,rnes {the "Developer") pursuant to wl~ich ~'' ~
,-,,9e,'~,...¥ would sol! to De,/e,,,.,pur that certain real property cc',mm,::-nlv known as 12.4 Wes,,
Santa ;~_n.~ (,the "Pro?er'fy, ~'); (b) Developer would cc. nstruct housing on th,¢ Properly, a portion cf
which wouid be restricted for sale to and occdp.~,ncy by Iow-. or moderate-income persons or
families at affordable hcusin9 costs fo~' the period of the covenants sat forth therein; (c)
De::ek)per would cc n.'-.:truct certain requh'ed public: mp,'ovements (the "Project"); and
WHEREAS, in its current condition, the Property is a blighti~q influence on the
Redeve!or:rnent Project are~; and ~
WHEREAS, the Project ....
,,~: remove the blighting influence described above and
increase ~.he community's supply of owner-occupied housing, including t;ousing available [o Iow
a:-i,,j moderate income housei~olds et affordable housing costs; and
WHEREAS, ~-,,:, roub! c m'~provements contemplated for the Project are a reasonable and
f,.,rdamenta component d',...~eo,, directly benefit housir~g for Iow- or mod..~rate-income persons
therein and are of '~ ..... "
,.= u ~ !o the Redevelopment Project or the immediate neighborhood in
which the Rede',;e!opment Project is located; and '
WHEREAS, no other' reasonable means of financing the public imorovernents are
avaiiable to the community, and bhe pay,','nent of funds for the acquisi[io~ of the public
improvemenls will assist in the eiimff}atior~ of one or more blighting conditions inside the
Redeveiopment Project area end the p~ovisJon of housln~ affordaOle to iow and moderate
income households, and is consistem with the ~rnplementation plan adopted pursuant to Section
~ .... ,h~ Ch;~_; and
WHEREAS, pursuant to Section 33433 of the CRL, the Agency is authorized, with the
approval of the City Council of the City of Anaheim after public hearing, to sell or lease the
PropertY 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 prepared, and the City
Counc!l has revi,.~wed and considered, a "summary report" setting forth:
(a) the cost of the DDA to the Agency; and
(b) the estimated value of the interests to be sold to Developer, determined at the highest
and best uses permitted under the Redevelopment Plan; and
(c) 'the es:imated value of the interests to be 'sold, determined at the uses and with the
conditions, covenants and development costs required by the sale; and
(d) the purchase price for the Property; and
WHEREAS, the DDA contains all of the terms, covenants, conditions, restrictions,
obligatior~s and'provisions required by state and local law; and
WHEREAS, ir; accordance with CRL Sections 33333.3 and 33352(k),-the California
Environrnei".,tai Qu,:aiity Ac~ (California Public Resources Code Section 21000 et seq.: "CEQA"),
a~d the St.?,te CEQA Guide!i,qes (Titie !4, California Code of Regulations Section 15000 et seq.:
"CEQA Guideiip_¢;s")relafing to environmental evaluation of public and private projects, the
Agency cau-.-~ed an enviroP, mental impsct report ("EIR") to be prepared aqd certifiea which
identified and ~nalyzed tha potential environrnentai impacts associated with public and private
a,,:t;vitiesur~oe, rt~,k~.n ..... to imp!ement the Rede,/e~oprnem' ' Plan within the Redevelopment Project;
and
'~HERr~AS, CEQA Section 21090 provides that all public and private activities or
undertakings pursuant to, or ir~ furtherance of, a redevelopment plan shall be deemed'to be a
sing!e project; ampi!fyir]9 th~s, Section ';5180 of the CEQA Guidelines provides that the EIR [or
the Redevelopmer..t Plan ~- '
s,.,ad be treated as a program EIR with no subsequent EIRs required
for individdal components of the Redeveloprnent Plan unless a subsequent EIR or a supplement
to aa EIR would be required by Section 15162 or 15163 of the CEQA Guidelines; and
WHEREAS, Agency staff reviewed Developer's plan for the redevelopment of the
Property according to the DDA in light of the EIR to determine whether any additional
er~vironmentai documentation needed to be prepared, and staff,' determined that the EIR
adequately addressed the environmental impacts from the Project; and
WHEREAS, the City Council has duly considered ali 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, raoca!s and weifa,"e of its residents, and is in accord with the public purposes and
provisions of applicable state and local law arid requirements; and
WHEREAS, pursuant to the California Community Redevelopment Law, the Agency and
the City Council 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 City Council of the City of Anaheim as
follows:
1. The City Council hereby finds and determines, based upon substantial evidence
provided in the record before it:
A. That the foregoing recitals are true and correct.
B, That the City Council has received and heard ail oral and written
objections to the proposed,Agreement and to Deveioper's proposed development of the
Property in connection therewith and to any other matters pedaining to this transaction,
and that all such oral and written objections are hereby overruled.
C. That 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.
That 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 CRL.
E, That no other reasonable means of financin9 the cost of the installation
and construction of public improvements, which are publicly owned either within or
without the Redevelopment Project Area are available to the community and hereby
consents to the payment for the public improvements by the Agency,
F. That any expenditure of funds from the Agency's Low- and Moderate-
Income Housing Fund for the units is necessa .fy because the Agency and Developer
have made a good faith attempt but been unable to obtain commercial or private m. eans
of financ;ng the units at the same level of affordabilitv and quantity and that an
econom, icaliy feasible alternative method of assisting the u~its on comparable terms and
conditions is not reasonably available without subordination of the covenants imposed
by the Agency pursuant to Section 33334.3(e) of the CRL to construction and permanent
financing obtained by the Developer from an institution, al lender and to first trust deed
purchase money financing obtained by Iow and moderate income purchasers from an
institutional lender.
G. That in accordance with the requirements of ~.he CEQA Guidelines, the
City Council has independently reviewed and considered the Project in light of the EIR
for the Redevelopment Project, and the City Council finds and determines that:
1. Pursuant to CEQA Section 21090 and Section 15180 of
the CEQA Guidelines, the DDA represents public and private activities or
undertakings pursuant to, or in furtherance of, the Redevelopment Plan for the
Redevelopment Project area for which the EIR was approved and certified.
2. Pursuant to Section 15'162 of the CEQA Guidelines: (1) 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 EIR due to the involvement of new
significant environmental effects or a substantial increase in the severitv of
previously identified significant effects; and (ii) no new information which was' not
F:~ LN'~-~--~\ A D M I:N~ RESO LUTN~ BRRZA15 A.DOC
known at the tirne the F_:tiR was certified as complete shows that the Project will
have significant effects not discussed in th8 EIR, or will have more severe effects
than those shown in the, EIFL or will make teasible mitigation measures oc
alternatives previously found not to be feasible, or different from those
considered in the EiR which would substantially reduce significant effects of the
Project; the DDA simply enables the Agency to implement the Redevelopment
Plan for which the EIR was previously prepared, approved and cedified, thereby
facilitating the proper utilization of certain previously developed blighted urban
property in implementation of the Redevelopment Plan, and the potential
significant environmentai effacts of SLICh redevelopment was analyzed in 'the EiR;
and
3. The approval of the DDA will not have any 'potential for
.causing a significapt effect on the environment and is exempt from the
application of CEQA ,,,-,~ .... ~ ~' ~'
p ..... ~n,. to oe..bon 21090 of CEQA, and Section 15180 of
the CEQA Guidelines.
The foregoing findings are based upon the record of the joint public hearing on the DDA, the
record of the joint public hearings for the adoption of the Redevelopment Plan (including
amendments thereto), the "summary report" prepared in accordance with CRL Section 33433,
the reasons expressed herein, the EIR and mitigati, on monitOring plan approved in connection
therewith, and the fact that the redevelopment o,r ,*he Property in accordance with the DDA is
within the scope of the redevelopment conce~ for the Property under the previously approved
Redevelopment Plan for which the EIR was prepared and ce,,iified.
~ The DDA, a copy cf which is on file with the ""' '
'-. oecre(ary of tt~e A.qency, is hereby
w,,h sud~ mino;' chances, acl.,,t.o.% or deietio.ns ~s may be approved by the Agency's
approved' ~'- - c,'ii ~
Executive Direc,tc.,r and General or S'~eniai~. . . Counsel, ~r;d the City' Counci~ hereby consents to the
Agency's execut"on of' ~he DDA.
3. The Executive Director is hereby authorized to reserve up to One Million Dollars
($1,000,000) for down 'payment assistance for income-qualified families from available
-~rograms.
4. The Executive Director is hereby also authorized to ~ake such actions and execute
such documents and ins',ruments, as she deems necessary or desirable for implen',~entation of
the DDA.
5. The City, as a responsible agency under CEQA, directs City staff to cause any notice
provided for under CEQA Section 21152 to be f"~,er] ir;. accordance with the requirements of
Section 21152.
F:\ DC..'(Z:;\^ DMIN'\RESOLUTN~ BP, R2A15A DOC
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED THIS TWENTY-
SECOND (22ND) DAY OF OCTOBER, 2002 BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED AS TO FORM:
~~f. Ci~' Attorney -
APPROV~ED .AS TO FORM:
VAN BLARCOM, LEIBOLD,
McCLENDON & MANN, P.C.
AgsnCYBy: '~1~,~~Special Cour~sel ~
F:\ DC.C~?x ADMIN\ RESOLt~'FN\ B~r~2.~_l SA.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-222 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 29th day of October, 2002, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait
ABSENT: MAYOR/COUNCIL MEMBERS: None
CI'/FY CLERI~'OF T CITY OF ANAHEIM
(SEAL)