2004-069
RESOLUTION NO.2004-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BEnNEEN THE
ANAHEIM REDEVELOPMENT AGENCY AND WEST COAST
NATIONAL INVESTMENT LLC REGARDING CERTAIN
REAL PROPERTY IN THE COMMERCIAL/INDUSTRIAL
REDEVELOPMENT PROJECT, AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is
engaged in activities necessary to carry out and implement the Redevelopment Plan for
the Commercial/ Industrial Redevelopment Project (the "Redevelopment Project"); and
WHEREAS, the Agency desires to acquire that certain real property
consisting of approximately 24,581 square feet (the "Developer Property") located within
the Redevelopment Project at the southwest corner of Lemon Street and Santa Ana
Street, as more particularly described in Exhibit A-1, which Developer Property is
currently owned by Jerry and Rebecca Zomorodian (the "Owners"); and
WHEREAS, West Coast National Investment LLC ("Developer") has
expressed its desire to acquire three (3) parcels of real property owned by the Agency
collectively comprising approximately 22,600 square feet (the "Agency Property" or
"Property") located within the Redevelopment Project at the northwest corner of
Anaheim Boulevard and Elm Street, as more particularly described in Exhibit A-2, which
has been previously developed for urban use; and
WHEREAS, the Developer has submitted to the Agency and City Council
of the City of Anaheim (the "City Council") copies of that certain Disposition and
Development Agreement dated as of Hay 11, 2004 (the "Agreement")
executed by the Developer which (a) provides for the Agency to convey the Property to
Developer, (b) provides for the Developer to cause the Owners to convey the Developer
Property to the Agency, and (c) provides for Developer to (i) restore the building located
on the Agency Property for commercial reuse; (ii) construct landscaping and parking
facilities consistent with the overall development; and (iii) lease the building located on
the Agency Parcel to a maximum of three (3) tenants for uses approved by the Agency,
as further set forth in the Agreement (collectively, the "Project"); and
WHEREAS, pursuant to Section 33433 of the Community Redevelopment
Law (California Health and Safety Code Section 33000, et seq.), the Agency is
authorized, with the approval of the City Council after a duly noticed public hearing, to
sell the Property for redevelopment pursuant to the Redevelopment Plan upon a
determination by the City Council that the sale of the property will either assist in the
elimination of blight or provide affordable housing for low and moderate income
DOCSOC/1032439v2/22621-0000
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persons, that the consideration for such sale is not less than either the fair market value
or fair reuse value of the Property in accordance with the covenants and conditions
governing the sale and the development costs required thereof, and that the sale is
consistent with the Implementation Plan which has been adopted by the Agency for the
Redevelopment Project; and
WHEREAS, the City Council has previously determined, in its adoption of
the ordinance approving the Redevelopment Project, that the Property was blighted,
and the Agreement would provide for the elimination of such blighting conditions by
providing for the rehabilitation and redevelopment of the Property; and
WHEREAS, the purchase price for the Property under the Agreement is
not less than the fair reuse value of the Property, at the use and with the covenants,
conditions precedent, conditions subsequent and development costs authorized by the
Agreement, as determined by the reuse analysis of the Agreement which has been
performed by the Agency's financial consultants; and
WHEREAS, the Agency has adopted an Implementation Plan for the
Redevelopment Project pursuant to Health and Safety Code Section 33490, which
identifies goals and objectives including eliminating substandard structures and
eliminating physical and economic deficiencies; and
WHEREAS, the Implementation Plan sets forth a program of actions
which include improving public facilities and infrastructure, upgrading and expanding
commercial programs, and expanding retail development; and
WHEREAS, the Agreement will assist the Agency in meeting the goals
and objectives set forth in the Implementation Plan and the program of actions through
the construction of the Project; and
WHEREAS, a joint public hearing of the Agency and City Council on the
proposed Agreement was duly noticed in accordance with the requirements of Health
and Safety Code Sections 33431 and 33433, and the proposed Agreement, and a
summary report meeting the requirements of Health and Safety Code Section 33433,
was available for public inspection prior to the joint public hearing consistent with the
requirements of Health and Safety Code Section 33433; and
WHEREAS, on May 11, 2004, the Agency and City Council held a joint
public hearing on the proposed Agreement, at which time the Agency reviewed and
evaluated all of the information, testimony, and evidence presented during the joint
public hearing; and
WHEREAS, all actions required by all applicable law with respect to the
proposed Agreement have been taken in an appropriate and timely manner; and
WHEREAS, pursuant to the California Environmental Quality Act
("CEQA"), in 2000 the City Council approved a mitigated negative declaration (the
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"MND") for the South Anaheim Boulevard Overlay Zone (the "Overlay Zone"), and
adopted therewith a Mitigation Monitoring Program which institutes mitigation measures
to be incorporated into all projects undertaken within the Overlay Zone; and
WHEREAS, the development of the Project as required by the Agreement
is in conformance with and within the scope of the Overlay Zone, and therefore (a)
approval of the Agreement does not constitute a substantial change in the previously
analyzed project that will require major revision of the CEQA documentation prepared
therefor due to the involvement of new significant environmental effects, or a substantial
increase in the severity of previously identified significant effects; (b) approval of the
Agreement does not constitute a change in the circumstances under which the
previously analyzed project is to be undertaken which will require major revisions of the
previous CEQA documentation due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified significant effects;
(c) there is no new information of substantial importance which was not and could not
have been known at the time the previous CEQA document was certified as complete or
adopted that shows the previously analyzed project will have any significant effects not
discussed in such previous CEQA document, or will have substantially more severe
effects than were discussed in the previous CEQA document; or that mitigation
measures or alternatives which would substantially reduce one or more significant
effects thereof, which were previously found infeasible, would in fact now be feasible;
and (d) there are no mitigation measures or alternatives different from those previously
considered that would substantially reduce one or more significant effects of the project,
which the proponents refuse to adopt; and
WHEREAS, the mitigation measures adopted in conjunction with the MND
shall be applied to the Agreement to the extent applicable thereto; and
WHEREAS, to the extent the Project will require the processing and
approval of land use entitlements and permits, such land use entitlements will, to the
extent necessary under CEQA and the CEQA Guidelines (14 California Code of
Regulations sections 15000 et seq.), be subject to further CEQA analysis; and
WHEREAS, the City Council has duly considered all terms and conditions
of the proposed Agreement and believes that the redevelopment of the Property
pursuant thereto is in the best interests of the City of Anaheim and the health, safety,
and welfare of its residents, and in accord with the public purposes and provisions of
applicable state and local laws and requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim as follows:
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DOCSOCII 032439v2/22621-0000
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1. The City Council finds and determines that, based upon substantial
evidence provided in the record before it, the consideration for the Agency's sale of the
Property pursuant to the terms and conditions of the Agreement is not less than the fair
reuse value of the Property, at the use and with the covenants, conditions precedent,
conditions subsequent and development costs authorized by the Agreement.
2. The City Council hereby finds and determines that the sale of the
Property pursuant to the Agreement will eliminate blight within the Redevelopment
Project by providing for the proper reuse and redevelopment of a portion of the
Redevelopment Project which was previously declared blighted.
3. The City Council hereby finds and determines that the Agreement
is consistent with the provisions and goals of the Implementation Plan and the
Redevelopment Plan.
4. The City Council hereby finds that the Agreement is within the
scope of one or more projects previously analyzed pursuant to CEQA as set forth
above, and that therefore the approval of the Agreement is exempt from further CEQA
analysis pursuant to Public Resources Code Section 21166 and CEQA Guidelines
Section 15162 (14 California Code of Regulations § 15162). The City Council further
finds and resolves that, to the extent required by CEQA, any land use entitlements and
permits required in conjunction with the implementation of the Project shall be subject to
further analysis under CEQA, and all applicable mitigation measures adopted in
conjunction with the MND shall be applied thereto.
5. The City Council hereby approves the Agreement.
6. The City Clerk shall certify to the adoption of this Resolution.
4
DOCSOC/1032439v2/22621-0000
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The foregoing Resolution is hereby approved by the City Council of the
City of Anaheim this 11th day of May, 2004.
ATTEST:
:Zh,~~
City élerk
APPROVED AS TO FORM:
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Stradling Yocca Carlson & Rauth,
City Special Counsel
DOCSOCII 032439v2/22621-0000
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I, Sherryl Schroeder, City Clerk of the City of Anaheim, hereby certify that
the foregoing Resolution was duly adopted by the City Council of the City of Anaheim at
a regular meeting hereof, held on the 11th day of May, 2004 by the following vote, to wit:
AYES:
Mayor Pringle, Council Members Tait, Chavez, Hernandez, McCracken
NOES
None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
6
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EXHIBIT A-1
LEGAL DESCRIPTION OF THE DEVELOPER PROPERTY
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
ORANGE, CITY OF ANAHEIM, DESCRIBED AS FOLLOWS:
THAT PORTION OF VINEYARD LOT G-5, AS SHOWN ON A MAP RECORDED IN
BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA, BOUNDED ON THE SOUTH BY A LINE DESCRIBED IN THAT
CERTAIN BOUNDARY LINE AGREEMENT RECORDED DECEMBER 27, 1963 IN
BOOK 6860, PAGE 642 OF OFFICIAL RECORDS OF ORANGE COUNTY,
CALIFORNIA, AND ON THE WEST BY A LINE DESCRIBED IN THAT CERTAIN
BOUNDARY LINE AGREEMENT RECORDED DECEMBER 27, 1963 IN BOOK 6860,
PAGE 637 OF SAID OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN SANTA ANA
STREET AND LEMON STREET, AS THEY EXISTED ON DECEMBER 27,1963.
EXHIBIT A-1
Page 1 of 1
DOCSOCII 032439v2/22621-0000
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EXHIBIT A-2
LEGAL DESCRIPTION OF THE AGENCY PROPERTY
THAT REAL PROPERTY LOCATED IN THE STATE OF CALIFORNIA, COUNTY OF
ORANGE, CITY OF ANAHEIM, AND DESCRIBED AS FOLLOWS:
LOT 53 OF THE ORIGINAL "TOWN LOTS" OF ANAHEIM, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 5, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
DOCSOCII 032439v2/22621-0000
EXHIBIT A-2
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EXHIBIT B
BASIC CONCEPT DRAWINGS
EXHIBIT B
Page 1 of 1
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