ARA-2007-007RESOLUTION NO. ARA-2007-007
RESOLUTION OF THE GOVERNING BOARD OF THE ANAHEIM
REDEVELOPMENT AGENCY APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT WITH ZELMAN RETAIL PARTNERS, INC.
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is engaged in
implementation of the Redevelopment Plan (the "Redevelopment Plan") for the Anaheim
Merged Redevelopment Project (the "Redevelopment Project"); and
WHEREAS, the Agency acquired that certain real property totaling approximately twenty-
five (25) acres in the Redevelopment Project area and commonly known as 200 to 328 North
Beach Boulevard and 2951 to 2961 West Lincoln Avenue (the "Site"); and
WHEREAS, in its current condition, the Site contains numerous landfills, is partially vacant,
and is a blighting influence on the Redevelopment Project; and
WHEREAS, in order to implement the Redevelopment Plan, the Agency desires to enter into
that certain Disposition and Development Agreement dated as of June 5, 2007 (the "DDA"}
by and between the Agency and Zelman Retail Partners, Inc. (the "Developer") pursuant to
which (i) the Agency would sell the Site to the Developer, and (ii) the Developer would
construct (a) an approximately 300,000 square foot neighborhood-serving shopping center
anchored by a major home improvement store and a national brand grocery retailer and (b) an
approximately 26,000 square foot public plaza with extensive landscaping and water elements
for community and public use (the "Project"); and
WHEREAS, the Project will remove the blight associated with the Site, will mitigate the
environmental hazards posed by the landfills and will provide for the revitalization of the
West Anaheim neighborhood and 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
WHEREAS, in connection with the DDA, Agency staff has had prepared, and the Agency
has reviewed and considered, a "33433 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 33433 Summary Report concludes that the purchase price for the Site under
the DDA equals fair market value; and
WHEREAS, the DDA contains all of the terms, covenants, conditions, restrictions,
obligations and provisions required by state and local law; and
WHEREAS, the Project will assist with the removal of blight and is consistent with the
implementation plan adopted by the Agency for the Redevelopment Plan pursuant to Section
33490 of the CRL (the "Implementation Plan"); 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 City of Anaheim (the
"City") adopted and certified Anaheim General Plan and Zoning Code Update Environmental
Impact Report No. 330 (the "General Plan Update EIR") in connection with the City's
General Plan update in 2004 (as updated, the "General Plan"); and
WHEREAS, the General Plan Update EIR is a Program EIR under CEQA and the
Guidelines, addressing the environmental impacts from the City's ultimate build-out,
considering maximum densities and the effects thereof, and establishing a mitigation
monitoring program which requires, among other things, subsequent focused studies and the
implementation of mitigation measures where required; and
WHEREAS, the Agency has reviewed and determined that the Project falls within the scope
of the activities addressed in the General Plan Update EIR and the General Plan Update EIR
adequately describes the Project for purposes of CEQA because:
(i) the General Plan Update EIR is a Program EIR,
(ii) the Project is consistent with the General Plan, and
(iii) the Project presents no new environmental effects which could occur that were
not examined in the General Plan Update EIR, and
(iv) there is no new information to suggest that new mitigation measures would be
required of the Project; and
WHEREAS, the Final Environmental Impact Report for the West Anaheim Commercial
Corridors Redevelopment Project (the "West Anaheim Final EIR") and the Addendum to the
West Anaheim Final EIR, adopted in connection with the granting of entitlements for the
Project, (the "West Anaheim Addendum") analyzed the impacts of zoning for commercial
development for this area, the boundaries of which include the Site; and
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WHEREAS, pursuant to CEQA and the Guidelines, the Agency has reviewed the Project and
determined that the Project is within the scope of the West Anaheim Final EIR and the West
Anaheim Addendum, and no further environmental documentation is required because:
(i) Pursuant to CEQA Section 21083.3, the Project is a commercial development
consistent with the zoning enacted pursuant to the Redevelopment Plan, and
there are no impacts (including without limitation cumulative impacts or
offsite impacts) peculiar to the Site that were not addressed in the West
Anaheim Final EIR and the West Anaheim Addendum, and
(ii) Pursuant to CEQA Guidelines Section 15162, (a) 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 West Anaheim Final EIR and the West Anaheim Addendum
due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects;
and (b} no new information which was not known at the time the West
Anaheim Final EIR was certified as complete shows that the Project will have
significant effects not discussed in the West Anaheim Final EIR, or will have
more severe effects than those shown in the West Anaheim Final EIR, or will
make feasible mitigation measures or alternatives previously found not to be
feasible, or different from those considered in the West Anaheim Final EIR,
and more specifically addressed in the West Anaheim Addendum, which
would substantially reduce significant effects of the Project.
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 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.
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 Project and finds that impacts associated with the development of the Project have been
previously covered in the General Plan Update EIR, the West Anaheim Final EIR and the
West Anaheim Addendum.
Section 2. Section 33433 Findings. The Governing Board 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 market value of the Site at its highest and best use in
accordance with the Redevelopment Plan, and
(ii) the development of the Project will assist in the elimination of blight and is
consistent with the Implementation Plan adopted by the Agency for the
Redevelopment Plan.
Section 3. Approval of DDA. The DDA, a copy of which is on file with the Secretary of
the Agency, is hereby approved (substantially in the form on file) and the Executive Director
of the Agency is hereby authorized and directed to execute and administer the DDA on behalf
of the Agency.
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY
THE GOVERNING BOARD OF THE ANAHEIM REDEVELOPMENT AGENCY
THIS FIFTH (5TH) DAY OF JUNE, 2007, BY THE FOLLOWING ROLL CALL
VOTE:
AYES: Chairman Pringle, Agency Members Hernandez, Sidhu,
Galloway, Kring
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CHAIRMAN
ATTES ~
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A NCY SECRETAR
65603.1
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