ARA2002-04RESOLUTION NO. ARA2002-4
A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND CLEAN CITY,
INC. REGARDING CERTAIN PROPERTY AT THE NORTHWEST CORNER
OF LINCOLN AVENUE AND EAST STREET AND MAKING CERTAIN
ENVIRONMENTAL AND OTHER FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is engaged in
implementation of the "Redevelopment Plan" for the Downtown Area of the Alpha
Redevelopment Project (the "Redevelopment Project"); and
WHEREAS, in order to implement the Redevelopment Plan, the Agency proposes to
enter into a certain Disposition and Development Agreement dated as of October 15 ,2002
(the "DDA"), with Clean City, Inc. (the "Developer") pursuant to which (a) Agency would sell to
the Developer that certain real property and improvements consisting of one (1) single family
dwelling (the "Residential Structure"), such real property and improvements commonly known
as 1175 East Lincoln Avenue (the "Property"); (b) the Residential Structure along with another
single family dwelling (collectively, the "Residential Structures") relocated by the Developer
from 407 North Anaheim Boulevard and currently being stored on the Property, would be
substantially rehabilitated in accordance with the Scope of Work and Schedule attached to the
DDA; and (c) upon completion, the two Residential Structures and the legal parcel on which they
are located would be operated and maintained as an integrated commercial/office complex for
the period of the covenants set forth therein (the "Project"); and
WHEREAS, in their current condition, the Property is a blighting influence on the
Redevelopment Project area; and
WHEREAS, the Project will remove the blighting influence described above and will
contribute to the historic character of the Anaheim Colony Historic District; and
WHEREAS, in connection with the DDA, Agency has prepared, reviewed and
considered a summary report setting forth:
(a)
(b)
(c)
(d)
the cost of the DDA to the Agency; and
the estimated value of the interests to be conveyed to the Developer, determined
at the highest and best uses permitted under the Redevelopment Plan; and
the estimated value of the interests to be conveyed, determined at the uses and
with the conditions, covenants and development costs required by the sale; and
the purchase price for the Property and the Residential Structure; 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 negative declaration prepared and approved in conjunction with
General Plan Amendment No. 2001-00394 (the "Negative Declaration") analyzed the impacts of
zoning for commercial development of the Property, as well as the development of the Project;
and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code Sections 21000 et seq.) ("CEQA"), and the CEQA Implementing Guidelines (14 California
Code of Regulations Sections 15000 et seq.) (the "Guidelines"), the Agency has reviewed the
Project and determined that the Project is within the scope of the Negative Declaration, and no
further environmental documentation is required because, pursuant to CEQA Guidelines Section
15162, (i) 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 Negative Declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects; and (ii) no new
information which was not known at the time the Negative Declaration was approved that shows
the Project will have significant effects not discussed in the Negative Declaration, or will have
more severe effects than those shown in the Negative Declaration, or will make feasible
mitigation measures or alternatives previously found not to be feasible, or different from those
considered in the Negative Declaration which would substantially reduce significant effects of
the Project; and
WHEREAS, Agency 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; and
WHEREAS, pursuant to the California Community Redevelopment Law, the Agency
and the City Council of the City of Anaheim 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, THE ANAHEIM REDEVELOPMENT AGENCY DOES HEREBY
RESOLVE AS FOLLOWS:
1. The Agency hereby certifies that it has reviewed the Project and the DDA, and
finds that, pursuant to CEQA Guidelines Section 15162, the Project is within the scope of the
Negative Declaration, and therefore no new environmental document is required. The Agency
further hereby incorporates all feasible mitigation measures developed in the Negative
Declaration, if any, into the Project.
2. The Agency hereby finds and determines that, based on substantial evidence in
the record before it, 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.
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3. The Agency hereby finds and determines that, based on substantial evidence in
the record before it, the sale of the Property 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 pursuant to Section 33490 of the California Community
Redevelopment Law.
4. The DDA, a copy of which is on file with the Secretary of the Agency, is hereby
approved with such minor changes, additions or deletions as may be approved by the Agency's
Executive Director and General or Special Counsel, and the Executive Director is hereby
authorized and directed to execute said DDA on behalf of the Agency.
5. The Executive Director is hereby also authorized to take such actions and execute
such documents and instruments as she deems necessary or desirable for implementation of the
DDA.
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THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE
ANAHEIM REDEVELOPMENT AGENCY THIS lSth (__) DAY OF
October ,2002.
ATTEST:
CHAIRMAN OF THE
REDEVELOPMENT AGEN~
APPROVED AS TO FORM:
JACK L. W~i~ Attorney
By: ~/~ x ~7-,,
John E. Woodhead IV
Assistant City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, Secretary of the Anaheim Redevelopment Agency, do hereby certify
that the foregoing Resolution No. ARA2002-4 was passed and adopted at a regular meeting of
the Anaheim Redevelopment Agency held on the 15th day of October 2002, by the following vote
of the members thereof:
AYES:
CHAIRMAN/AGENCY: Feldhaus, Kring, Tait, McCracken, Daly
NOES: CHAIRMAN/AGENCY: None
ABSENT: CHAIRMAN/AGENCY: None
ABSTAIN ED:
CHAIRMAN/AGENCY: None
SECRETARY OF THE ANAHEIM
REDEVELOPMENT AGENCY
(SEAL)