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ARA1993-21RESOLUTION NO. ARA93-21 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING EXECUTION 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 WHEREAS, the Anaheim Redevelopment Agency (the "AgencyD is engaged in activities necessary to carry out and implement the Redevelopment Plan (the "Redevelopment Plan") 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 seq.), 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 to effectuate the purposes of the Redevelopment Plan; and WHEREAS, the Agency is authorized, pursuant to Health and Safety Code Section 33445, to pay for 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 determination of the City Council and Agency 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, the Agency is authorized, pursuant to Section 421 of the Redevelopment Plan to permit, under certain circumstances, variations from the limits, restrictions, and controls established by the Redevelopment Plan upon the Agency making certain determinations with respect thereto; 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 Agreement, 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 a joint public hearing on the proposed Agreement, at which time the Agency reviewed and evaluated the proposed Agreement; the benefit to the Project Area to be derived from the proposed Agreement; whether other reasonable means of financing the public improvements to be provided by the Agency pursuant to the terms of the Agreement were available; staff reports prepared on this matter; and 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, the Agency 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 Anaheim Redevelopment Agency as follows: Section 1. The Agency hereby finds and determines, based upon substantial evidence provided in the record before it: A. That the Agency has received and heard all oral and written objections to the proposed Agreement and to the proposed development of the Site in connection therewith and to any other matters pertaining to this transaction, and that all such oral and written objections are hereby overruled. 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 PUaL:7256_l 13361 B2621.46 2 10/06/93 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 pedestrian 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. 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 that the Agreement will facilitate the PU~SL:7256_l ]3361 B2621.46 3 10/06/93 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 Agency 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, attached hereto and incorporated herein, are hereby approved. Based on the Negative Declaration, the comments received thereon, the responses to those comments, and all of the evidence and testimony before it, the Agency finds that the Negative Declaration reflects the independent judgment of the Agency, that there is no substantial evidence before the Agency that the Agreement may have a significant effect on the environment, and that all possible significant environmental effects have been avoided or mitigated to a level of environmental insignificance by imposition of the following conditions: Noise Impacts. Noise impacts relating to the proposed development will be mitigated to less than significant levels by imposing the following conditions to be monitored by the City Building Department: The Developer shall construct sound walls in connection with its redevelopment of the Site in order to mitigate noise levels within the development to City standards. The Developer shall conduct a noise study to determine the necessary height of such sound walls in order to meet such standards. The project shall be constructed to conform with the City of Anaheim Policy No. 549 and with Noise Insulation Standards specified in Title 25 of the California Code of Regulations. Excavation, grading and other construction activities related to the redevelopment of the Site pursuant to the Agreement shall be restricted to hours between 7:00 a.m. and 6:00 p.m. Monday through Friday, and between 8:00 a.m. and 6:00 a.m. on Saturday. This restriction will reduce potential short-term construction noise impacts on surrounding areas during the night and early morning hours and Sunday's when ambient noise levels are at the lowest. Construction and maintenance activities, including the repair and maintenance of equipment, shall conform to and comply with applicable provisions of the City's Noise Ordinance. To the greatest extent feasible, construction equipment shall be stored on- Site to eliminate and/or reduce heavy equipment truck trips. PUBL:7256_I ] 33611t2621.46 4 10/06/93 Solid Waste. The project to be redeveloped upon the Site pursuant to the Agreement will be required to comply with all City regulations adopted to minimize the amount of solid waste generated which must be disposed of in area landfills. The City Maintenance Department shall monitor compliance. Cultural Resources. If artifacts are noted during grading activities by construction personnel/inspectors, grading shall cease, the City Planning Director shall be notified, and a qualified archeologist consulted to evaluate the significance of the artifacts. The evaluation and all subsequent actions shall be in compliance with Appendix K of the State CEQA Guidelines. Section 3. The Agency hereby approves the Agreement and authorizes its execution, and the Agency's Executive Director (or her designee) is hereby authorized, on behalf of the Agency, to sign all documents necessary and appropriate to carry out and implement the Agreement and to administer the Agency's obligations, responsibilities and duties to be performed under the Agreement and related documents. Section 4. The Agency Secretary shall file or cause the filing of the Notice of Determination with the Orange County Recorder's Office. Section 5. The Agency Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 2._~6 day of October , 1993. ATTEST: Agency Secretary Chairman PUItL:7256_l [336[ 112621.46 10/06/93 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARAg,3-21 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 26th day of October, 1993, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution No. ARA93-21 on the 27th day of October, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 27th day of October, 1993. SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL)