ARA2002-06RESOLUTION NO. Ai~.2002-6
RESOLUTION OF THE ANAHEIM REDEVELOPMENT
AGENCY APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT WITH WL HOMES, LLC,
DBA JOHN LAING HOMES REGARDING §.3 ACRES
LOCATED AT 124 WEST SANTA ANA STREET AND
.MAKING CERTAIN ENVIRONMENTAL AND OTHER
FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Anaheim Redevelopment A.,0ency (the "Agency") is engaged
!rT!piementatior; of the "Redevelopment Plan" for the Commercial Industrial Redeve;opmeF. t
Project (the "Redevelr;prnent PrOject"); and
WHEREAS, Section 33430 of the California Community Redevelopment Law (P, ealth &
Safety Code 33000, et seq.: "CRt.") author;zes the Agency to sell or lease real property for
rede¥'e:oprnent purposes;
WHEREAS, in crder to implement the Redevelopment Plan, the Agency proposes to
enter into a certain Disposition and Development Agreement dated as of October 22, 2002 (the
"'~'""~"~ witr; W L Homes. ~ "'
· ' L ...... dba John Laing Homes (the "DevelopeF') pursuant to which (a)
;he Agency wou!d sell to Developer that certain real property commonly known as 124 West
Sam~ Ann (~he "Proper(y"); (b) Developer would construct housing on the Property, a poAion cf
which wout,'~ be restricted for' sale to and occupancy by Iow- or moderate-income persons or
f~_:miiies at affordable housing costs for the pedod of the covenants set fo, th therein; (c)
Devsi.~:per would construct certain requPed public improvements (the "Project"); and
WHEREAS, in its current condition, the Proper~y is a blighting influence on the
Redeve!opn-,.ent Project area; and
WHEREAS, the Prqiect w!li rem. ove the blighting influence described above and
increase the ccmmunity's supply of ov;.'r;er-occupied housing, including housing available to iow
and moderate in~;srr,]e households at affordable i',ousing costs; and
WHEREAS,. the public irr;provemen~s contemplated for the PrOject are a reasonable and
fu:ndamenial component, thereof, directly beF, efit housing for Iow- or moderate-income persons
there:,n ¢r~d are of be?~efit to the Redeve',opment Project or the immediate nei§hborhood in
which the Redevelopment Project is located; a:',d
WHEREAS, no othe~ i'easonable means ~:,f financing the public irr~provements are
avsilcble to the c,.'mmunity, and the payment of funds for the acquisition of the public
improvemen,~s wi:l assist in the eliminador'~ of one or more blighting conditions inside the
Redsvelopment Pro!ect area and the prcvisior, of housing affordable to tow and moderate
ir~come households, 8nd is consistent with the h'aplementatiorl plan adopted pursusnt to Section
'33490 of the CRi_; 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 Agency
has reviewed and considered, a "summary report" setting forth:
(a) tile cost of the E)DA 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 Redeve',opment Pian; and
(c) the estimated value of the ',nterests 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 Proped, y; and
WHEREAS, the DDA contains all of the terms, covenants, conditions, restrictions,
obligations and provisions required by state and local law; and
WHEREAS, in accordance with CRL Sections 33333.3 and 33352(k), the California
Environmental Q[~ality A~ (California Public Resources Code Section 21000 et seq.: "CEQA"),
and the State CEQA Guidelines (Title 14, California Code et Regulations Section 15000 el.seq.:
"CEQA Guideiines") relating to environmental evaluation of public and private projects, the
Agency caused an environmental impact report ("EIR") to be prepared and certified which
identified and analyzed the potential environmental impacts associated with ph'blic and Private
activities under, ken to implement the Redevelopment Plan within the Redevelopment Project;
and
WHEREAS, CEQA Section 21090 provides that all public and private activities or
undertakings pursuant to, or in furtherance of, a redevelopment plan shall be deemed to be a
single project; an:ptif3,ing this, Section 15180 of the CEQA Guidelines provides that the EIR for
the Redevelopment Plan shall be treated as a program EIR with no subsequent EIRs required
for individual components of the Redevelopment Plan unless a subsequent EIR or a supplernent
to an 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 'E!R to determine whether any additional
environmental docurnenta[ion needed to be prepared, and staff determined that the EIR
adequately addressed the environmental impacts from the Project; and
WHEREAS, the Governing Board of the Agency hasduly considered all of the terms and
conditions of the DDA and believes that the Project is in the best interest-s 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 Com~."nunity 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.
F: \ iX'vC..q \ AD MI:N~'~ I~F..~'~LU T Nx, BRJL2.~, l ] ,B.
NOW, THEREFORE, BE iT RESOLVED by the Governing 8oard of the Redevelopment
Agency of the City of Anaheim as follows:
1. The .Governing Board of the Agency 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 Agency has received and heard ail oral and wrltten objections to
the proposed Agreement and to Developer's proposed development of the Property in
connection therewith and to any otl~er matters pe,"tainlng to this transaction, and that all
such oral and written objections are hereby overruled.
C. That the consideration for the Agenc/s disposition of the Property
pursuant to the DDA is not less than the fair reuse value in accordance with conditions,
cove,:~ants and devefopment costs required by the DDA.
D. That the sale of the' Property wii[ assist iq the elimination of blight in the
Redeveloprnent 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 finar~cing the cost of the installation
and construction of public improvements, which are publicly owned either within or
without the Redeveiopment Project Area are avai!ab!e to the community and hereby
cor~sents to the payment for the public irrtprovements by the Agency.
F. 'That any expenditure of funds from the Agency's Low- and Moderate-
income Housing Fund for ~he units is necessas' because the Agency and Developer
have made a good faith attempt but been unable to obtai,q commercia; or private means
of fb~ancing the units at the same level of affordability and quantity 'and that an
economically feaslb!e alternative method of assisting the units 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
fina~,cin9 obtained by the Developer from an institutional fender arid 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 the CEQA Guidelines, the
Agency has independently reviewed and considered the Project in light of the EIR for the
Redevelopment Project, and the Agency finds and determines that:
1. Pursuant to CEQA Section 21090 and Section 15180 of
the CEQA Guidelines, the DDA represents pub!lc 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.
Pursuant to Section 15162 of the CEQA Guidelines: (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 EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of
previously identified significant effects; a~d (ii) no new information which was not
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known at the time the EIR was certified as complete shows that the Project will
have significant effects not discussed in the EIR, or will have more severe effects
than those shown in the EiR, or will make feasible mitigation measures or
alternatives previously found not to be feasible, or different from those
considered ~n the EIR which would substantially reduce significant effects of the
Project; the DDA simply enables the Agency to implement the Redevelopment
Plan for which ';he EIR was previously prepared, approved and certified, thereby
,racilitati'ng t!~e p~oper utilization of certain rreviously developed blighted urban
property in implementation of the Redevelopment Plan, and the potential
significant environmenta! effects of such redevelopment was analyzed in tile EIR;
a~d
3. The approval of the DDA will not have any potential for
causing a significant effect on the environment and is exempt from the
application of CEQA pt,,~'suant to Section 21090 of CEQA, and Section 15180 of
the CEQA Guideli;:es,
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 ir~ accordance with CRL Section 33433,
the reasons expressed herein, the E!R and' rnitigation monitoring p~an approved in connection
therewith, and the fact that the redevek~pmen~, of t~e F'ropert3, in accordance With the DDA is
within the scope of the redevelopment co.~cept for the Proper(y under the previously approved
Redevelopmefit P!ar~ for which the EiR was prepared and certified.
2. 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 Genera! or Special Counsel, ar~O the Agency hereby cor~sents to the
Agency's execution of the DDA.
3. The Executive Director is hereby ¢~dthoru.ed to reserve up to One Million Dollars
($1,000,000) for down payment assistance for income-qualified families from available
programs.
4. 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.
5. The Agency, as the lead agency under CEQA, directs Agency staff to cause any notice
provided for under CEQA Section 2'1152 to be fi!ed in accordance with the requirements of
Section 21152.
F:'k DOC~\ A DM IN~ RESOLUT~xr~ ~A ] 1 B.DOC
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED THIS
29th DAY OF OCTOBER, 2002 BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTES'[':
REDEVELOPMENT~AGENCY
APPROVED/}, ~RM::
APPROVED AS TO FORM:
VAN BLARCOM, LEIBOLD,
McCLENDON & MANN, P.C.
Agency Special Counsel ~ /~
By:, .~.B~_~~/
U RBA~ ZEiD LEI~,~-'~
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. ARA2002-6 was passed and adopted at a regular meeting of
the Anaheim Redevelopment Agency held on the 29th day of October 2002, by the following vote
of the members thereof:
AYES:
CHAIRMAN/AGENCY: Feldhaus, Kring, McCracken, Daly
NOES: CHAIRMAN/AGENCY: None
ABSENT: CHAIRMAN/AGENCY: None
ABSTAIN ED:
CHAIRMAN/AGENCY: Tait
//SECRE~'I'ARY'r~F THE ANAHEIM
REDEVELOPMENT AGENCY
(SEAL)