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93-215 RESOLUTION NO. 9~R-215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONSENTING TO THE APPROVAL BY THE ANAHEIM REDEVELOPMENT AGENCY OF THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC., 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 (the "Redevelopment Plmf') for Redevelopment Project Alpha (the "Project"); and WHEREAS, in order to carry out and implement such Redevelopment Plan the Agency proposes to enter into that certain Disposition and Development Agreement (the "Agreement") with Kaufman and Broad of Southern California, Inc., (the "Developer") for the development of certain properties in the Project Area (the ~Site"), all as described in the Agreement; and WHEREAS, the Developer has submitted to the Agency and the City Council of the City of Anaheim (the "City Council") copies of said proposed Agreement in a form executed by the Developer; and WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law (California Health and Safety Code Section 33000, et see.), the Agency is authorized, with the approval of the City Council after public hearing, to sell the Site for development pursuant to the Redevelopment Plan upon a determination by the City Council that the consideration for such sale or is not less than fair market value in accordance with covenants and conditions governing the sale or lease or with respect to any sale or lease at less than estimated value, determined at the highest use permitted under the Redevelopment Plan, that the lesser consideration is necessary tu effectuate the purposes of the Redevelopment Plan; and WHEREAS, the Agency is authorized, pursuant to Health and Safety Code Section 33445, to pay tbr all or part of the land for and the cost of the installation of any public facility or improvement either within or without a particular project area upon a finding of the City Council that the facilities or improvements are of benefit to that particular project area or the immediate neighborhood in which the project is located, and that no other reasonable means of financing such facilities and improvements are available to the community; 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 Section 33433; and WHEREAS, the proposed Agreemere, and a summary report meeting the requirements of Health and Safety Code Section 33433, were available for public inspection consistent with the requirements of Health and Safety Code Section 33433; and WHEREAS, on October 12, 1993, the Agency and City Council held ajoim public hearing on the proposed Agreement, at which time the City Council reviewed and evaluated the proposed Agreement; the benefit to the Project Area to be derived from the proposed Agreemere; whether other reasonable means of financing the public improvements to be provided by the Agency pursuant to the terms of the Agreement were available; the staff report prepared on this matter; and all of the information, testimony, and evidence presented during the joint public hearing; and WHEREAS, the City Council has reviewed the summary required pursuant to Health and Safety Code Section 33433 and evaluated other information provided to it pertaining to the finding required pursuant to Section 33433; and WHEREAS, the Agency has found and determined that the Agreement constitutes an undertaking pursuant to and in furtherance of the Redevelopment Plan and will not have a significant effect on the environment and has approved a negative declaration for the Agreement according to the provisions of the California Environmental Quality Act (California Public Resources Code Section 21000, et sea.: "CEQAD; 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, the City Council has duly considered all terms and conditions of the proposed Agreement and believes that the redevelopment of the Site 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: Section 1. The City Council hereby finds and determines, based upon subst~antial evidence provided in the record before it: A. That the consideration for the Agency's disposition of the Site pursuant to the terms and conditions of the Agreement is not less than fair market value in accordance with covenants and conditions governing the sale or lease or with respect to any sale or lease at less than estimated value, determined at the highest use permitted under the Redevelopment Plan, that the lesser consideration is necessary to effectuate the purposes of the Redevelopment Plan. PUIIL:7258_ I 13361 B2621.46 2 10/06/93 B. That the public improvements to be provided by the Agency pursuant to the terms of the Agreement are of benefit to the Project Area. This finding is based upon the record of the joint public hearing, the reasons expressed herein, and upon the fact that the street improvements and other public improvements are necessary for effective traffic circulation and access and such improvements improve the appearance of the Project Area and create a gateway to the Project Area. C. That there are no other reasonable means of financing the public improvements to be provided by the Agency pursuant to the terms of the Agreement available to the community other than Agency financing. This finding is based upon the record of the joint public hearing, the reasons expressed herein, and upon the fact that City general fund revenues are required and necessary for vital public services, and that Agency financing is necessary to pay for the cost of the public improvements. D. That the application of certain provisions of the Redevelopment Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the Redevelopment Plan. This finding is based upon the record of the joint public hearing, the reasons expressed herein, and upon the fact that the size of that portion of the Site designated as open space in the Redevelopment Plan cannot be feasibly utilized or properly maintained for open space and park purposes according to the City's Parks and Recreation Department; further, there is a 12,000 square foot open space element on-Site which will be developed with open space amenities, including a tot lot, front and rear yards and common areas. E. That there are exceptional circumstances or conditions applicable to the Site or to the intended development of the Site which do not apply generally to other properties having the same standards, restrictions, and controls. This finding is based upon the record of the joint public hearing, the reasons expressed herein, and upon the fact that that portion of the Site currently designated as open space in the Redevelopment Plan abuts the eastern boundary of the Orange County Transportation Authority and A.T. & S.F. rail right-of-way and the Agency, in cooperation with the City, has recently developed a park site adjacent to the Site along the western boundary of that same right- of-way which essentially provides the same amount of open space as indicated in the Redevelopment Plan. F. That permitting a variation from the limits, restrictions, and controls established by the Redevelopment Plan will not be materially detrimental to the public welfare or injurious to property or improvements in the Project Area. This finding is based upon the record of the joint public hearing, the reasons expressed herein, and upon the fact that the Agreement provides for the development of landscaped greenbelt parkways along the Broadway and East Street perimeters of the Site, thereby materially enhancing the aesthetic environment; further the development incorporates design and construction features which will minimize the impacts associated with the right-of-way described in "E" above upon occupants of the residences in the project. PUlIL:7258_l 13361 B2621.46 3 10/06/93 G. That permitting a variation from the limits, restrictions, and controls established by the Redevelopment Plan will not be contrary to the objectives of the Redevelopment Plan. This finding is based upon the record of the joint public hearing, the reasons expressed herein, and upon the fact t~at the Agreement will facilitate the achievement of an express objective of the Redevelopment Plan, pursuant to Section 402 thereof, by providing housing in a well-balanced mix of housing types and a range of purchase prices. Section 2. The City Council has reviewed and considered the Negative Declaration prepared by Agency staff for the Agreement and finds it adequate in addressing the environmental impacts and mitigations for the Agreement prior to its approval. The Negative Declaration satisfies the requirements of CEQA and, together with the Mitigation Monitoring Program prepared in connection therewith, are hereby approved. Based on the Negative Declaration, the comments received thereon, the responses to those comments, and all of lhe evidence and testimony before it, the City Council finds that the Negative Declaration represents the independent judgment of the City Council, that there is no sobstantial evidence before the City Council that the Agreement may have a significant effect on the environment, and that all possible significant environmental effects have been avokled or mitigated to a level of environmental insignificance by imposition of the conditions set forth in the Negative Declaration. Section 3. The City Council consents to and approves the execution of the Agreement by the Agency and a copy of the Agreement when executed by the Agency shall be placed on file in the office of the City Clerk. Section 4. The City Clerk shalI file the Notice of Determination with the Orange County Recorder's Office. Section 5. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 26 day of October., 1993. ATTEST: City Clerk PU~L:7258_II3361B2621.46 4 10/06/93 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 93R-215 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 26th day of October, 1993, by the following vote of 1Ihe members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-215 on the 27th day of October, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 27th day of October, 1993. CITY CLI--RK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 93R-215 was duly passed and adopted by the City Council of the City of Anaheim on October 26, 1993. CITY CLI-'RK OF THE CI'FY OF ANAHEIM