ARA2004-11RESOLUTION NO. 2004 -11
RESOLUTION OF THE GOVERNING BOARD OF THE ANAHEIM
REDEVELOPMENT AGENCY APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT WITH BROOKFIELD ANAHEIM II,
LLC AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Agency ") is engaged in
implementation of the Redevelopment Plan for the Anaheim Redevelopment Project; and
WHEREAS, the Agency desires to redevelop that certain real property in the City of
Anaheim (the "City") consisting of (i) those remnant portions of (a) lots 22 through 27,
inclusive, of tract number 2358 generally located on the north side of Picadilly Way at its
intersection with Buckingham Street, and (b) lots 11 through 20, inclusive and 154 through
157, inclusive, of tract number 2201 generally located adjacent to Interstate 5 between
Ventura Street and Minot Street (collectively, the Caltrans Remnant Parcels "), and (ii) those
twelve (12) parcels bearing the common addresses of 3119 through 3165, inclusive, West
Lincoln Avenue (collectively, the "Presidents Tract Parcels "); and
WHEREAS, in order to implement the Redevelopment Plan, the Agency desires to enter into
that certain Disposition and Development Agreement dated as of August 1, 2004 (the
"DDA ") by and between the Agency and Brookfield Anaheim 11, LLC, (the "Developer ")
pursuant to which (1) the Agency would sell the Caltrans Remnant Parcels and the Presidents
Tract Parcels (collectively, the "Site ") to the Developer, and (ii) the Developer would
construct housing on the Site for subsequent sale to low or moderate - income persons or
families at affordable housing costs, requiring that such houses remain continuously occupied
by low or moderate - income owners at an affordable housing cost for the period of the
covenants set forth therein (the "Affordable Housing Project "); and
WHEREAS, in its current condition, the Site is a blighting influence on the Redevelopment
Project area; and
WHEREAS, the Affordable Housing Project will remove the blighting influence on the
Redevelopment Project; and
WHEREAS, pursuant to Section 33433 of the California Redevelopment Law ( "CRL "), the
Agency is authorized, with the approval of the City Council of the City of Anaheim (the
"City") after conducting a public hearing, to sell or lease the Site 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
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WHEREAS, in connection with the DDA, Agency staff has prepared, and the Agency has
reviewed and considered, a "summary report" setting forth:
(i) the cost of the DDA to the Agency,
(ii) the estimated value of the interests to be sold to the Developer, determined at
the highest and best uses permitted under the Redevelopment Plan,
(iii) the estimated value of the interests to be sold, determined at the uses and with
the conditions, covenants and development costs required by the sale, and
(iv) the purchase price for the Developer's acquisition of the Site; and
WHEREAS, the DDA contains all of the terms, covenants, conditions, restrictions,
obligations and provisions required by state and local law; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code
Section 21000 et seq.) ( " CEQA "), and the CEQA Implementing Guidelines (14 California
Code of Regulations Section 15000 et seq.) (the "Guidelines "), the Agency has reviewed and
determined that the portion of the Affordable Housing Project to be developed on the
Presidents Tract Parcels was previously covered by the environmental assessment conducted
by the City during the entitlement of the Presidents Tract Parcels; and
WHEREAS, pursuant to CEQA and the Guidelines, the Agency has reviewed and
determined that the portion of the Affordable Housing Project to be developed on the Caltrans
Remnant Parcels is a Class 32 In -Fill Development Project, categorically exempt under
Section 15332 of the Guidelines; and
WHEREAS, the Anaheim Planning Commission has recommended that the City Council of
the City and the Governing Board of the Agency approve the site plan, elevations, colors and
materials for the Affordable Housing Project; and
WHEREAS, the Anaheim Housing and Community Development Commission has
recommended that the City Council of the City and the Governing Board of the Agency
approve the DDA and the site plan, elevations, colors and materials for the Affordable
Housing Project; and
WHEREAS, pursuant to the CRL, the Agency Governing Board and the City Council of the
City have conducted a duly noticed joint public hearing on the DDA, at which public hearing
all persons were given an opportunity to be heard; and
WHEREAS, the Governing Board of the Agency has duly considered all of the terms and
conditions of the DDA and believes that the Affordable Housing 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.
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NOW, THEREFORE, THE GOVERNING BOARD OF THE ANAHEIM
REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Environmental Assessment. The Agency hereby certifies that it has reviewed
the Affordable Housing Project and finds that impacts associated with the development of the
Presidents Tract Parcels have been previously covered and that the development of the
Caltrans Parcels qualifies as a Class 32, categorically exempt, In -Fill Development Project
under Section 15332 of the Guidelines.
Section 2. CRL Section 33433 Findings. The Agency hereby finds and determines that,
based on substantial evidence in the record before it:
(i) the consideration for the Agency's disposition of the Site pursuant to the DDA
is not less than the fair reuse value in accordance with conditions, covenants
and development costs required by the DDA,
(ii) the development of the Affordable Housing Project will assist in the
elimination of blight in the Redevelopment Project area, will contribute to the
provision of housing for low 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.
Section 3. Approval of DDA. The DDA, a copy of which is on file with the Secretary of
the Agency, is hereby approved and the Executive Director of the Agency is hereby
authorized and directed to execute and administer the DDA on behalf of the Agency.
Section 4. Design Development Approval. The site plan, elevations, colors and
materials for the Affordable Housing Project presented to the Governing Board of the Agency
concurrently with the DDA are hereby approve.
Section 5. Additional Agency Assistance. The Executive Director of the Agency is
hereby authorized to reserve and expend up to Two Hundred Eighty Thousand Dollars
($280,000) for down payment assistance for income - qualified persons and households
purchasing units in the Affordable Housing Project from existing Agency programs, including
the Second Mortgage Assistance Program and the BEGIN Program.
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY
THE GOVERNING BOARD OF THE ANAHEIM REDEVELOPMENT AGENCY
THIS TWENTY- FOURTH (24TH) DAY OF AUGUST, 2004, BY THE FOLLOWING
ROLE CALL VOTE:
AYES Chairman Pringle, Agency Members Chavez, Tait, McCracken, Hernandez
NOES: none
ABSTAIN: none
ABSENT: none
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CHAIRMAN
ATT ,ST:
- 'AGENCY SECRETARY
55280.1
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