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ARA2004-07 RESOLUTION NO. ARA 2004-07 A RESOLUTION OF THE GOVERNING BOARD OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND WEST COAST NATIONAL INVESTMENT LLC REGARDING CERTAIN REAL PROPERTY IN THE COMMERCIAUINDUSTRIAL 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 cqnler 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 Nay 11 t :¿004 (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 DOCSOC/l 032442v3/2262 1-0001 ."...... '" -. _."",- .~--,. -~--~--- _."---------..-", ,~-~'..~ 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 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 2 DOCSOC/l 032442v3/2262 1-000 I "M'Wr· 1- ,'" _,,·..,_."r~_'_"_"";"""''"'''_"'"''-'''" ..,~.....,.,,,......,... ~.-,"".-4<,","-'I""~"'''''''"_,_,, .. .. .. ~ "<Iif' ~__ WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), in 2000 the City Council approved a mitigated negative declaration (the "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 CEOA and the CEOA Guidelines (14 California Code of Regulations sections 15000 et seq.), be subject to further CEQA analysis; and WHEREAS, the Agency 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 Governing Board of the Anaheim Redevelopment Agency as follows: 3 DOCSOC/1 032442v3/22621-0001 -......~^..-.."."-.........~''"'~,,..;..,-.'".."...._.-.,>._----,.._''''''''',-""_·-····"'-"'~""""·_····,_;·_···M,·""_·_,;·, C ·,-·.·h.'",·_·,...""''''''''"";,.'''".'.¡"...."''.,__~''''",."...¡''',,._~~--r 1. The Agency 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 Agency 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 Agency hereby finds and determines that the Agreement is consistent with the provisions and goals of the Implementation Plan and the Redevelopment Plan. 4. The Agency 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 Agency 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 Agency hereby approves the Agreement, and the Basic Concept Drawings (as defined in the Agreement) for the Project attached hereto as Exhibit uB", and authorizes and directs the Executive Director of the Agency to execute the Agreement on behalf of the Agency. A copy of the Agreement when executed shall be placed on file in the office of the Agency Secretary. The Executive Director of the Agency, or designee, is authorized to implement the Agreement and take all further actions and execute all escrow documents and other documents which are necessary or appropriate to carry out the Agreement. 6. The Agency hereby directs Agency staff to prepare and file a Notice of Exemption pursuant to CEQA which states that the approval of the Agreement is within the scope of one or more projects previously analyzed pursuant to CEQA, and therefore is exempt from further CEQA analysis. 7. The Agency Secretary shall certify to the adoption of this Resolution. 4 DOCSOCIl 032442v3/2262 1-000 I ~'iI"'r' . ... - ..-. -" ,,_.. ~.-;·."4~~'-"~,,,,+-",,*,;","_ The foregoing Resolution is hereby approved by the Anaheim Redevelopment Agency this 11th day of May, 2004. ~~ Chairman ATTEST: ~ L¡(~~ / Agency ecrétary APPROVED AS TO FORM: J~ITE, CI~~RNEY ç- .... 4"'~ '~~i=0~odh':d__!~~/ ",:-", Assistant City Attorney ¡.J" / '., .A , Jj I I'J l......"'"'-{' Stradling occa Carlson & Rauth, City Special Counsel 5 DOCSOCIl 032442v3/2262 1-000 I .~'-_. ..,,~.- - '~'.._._,~-~..., ,--"..,-.,,,."",.._.'I'"'''''~' I, Sherryl Schroeder, Secretary of the Anaheim Redevelopment Agency, hereby certify that the foregoing Resolution was duly adopted by the Anaheim Redevelopment Agency at a regular meeting hereof, held on the 11th day of May, 2004 by the following vote, to wit: AYES: Chairman Pringlet Agency Memeerst Chavezt MCCrackent Hernandezt Tait NOES None ABSENT:None ABSTAIN: None ANAHEIM REDEVELOPMENT AGENCY ~ / ~ BY:~_ Sherryl Sc roedér, Agency Secretary 6 DOCSOCIl 032442v3/22621-000 I ",.,..."" '" ,-".,*-,,,,,,".,,,~"t'..=~_.. 'f 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 DOCSOCIl 032442v3/2262 1-0001 'd""""", ,", .., __,"_, ,_ ,^_, _._",._, ,e.,.,·,."~~,,,~~.........·.·.<_. ~ 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. EXHIBIT A-2 Page 1 of 1 DOCSOCIl 032442v3/22621-000 I .........., ., , .-",-.- -·"-"··'·~r·""¡'-·""'''··-'¡'---'·· DOCSOCIl 032442v3/2262 1-0001 u_--r-~"- -"" ,~-~-,~.~-- --~- EXHIBIT B BASIC CONCEPT DRAWINGS EXHIBIT B Page 1 of 1 ."",;o.:;""'~-t",;",,,..¡...,.,;.;;...~ -"'-"> -.- -.........,.. i ~ ~ -- 1-- Á VMcTÞ'O¥<i? ~·ro .> (, : "'-.. ¡ ! ", to ~ (~ . I -- ".M· l I ~~ {~j ..k ~ ~ . '-. 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