RESOLUTION NO. ______
A RESOLUTION OF THE GOVERNING BOARD OF THE ANAHEIM
HOUSING AUTHORITY FINDING AND DETERMINING THAT THE
PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE
THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT
831 S. BEACH BOULEVARD FOR PUBLIC PURPOSES
WHEREAS, the Anaheim Housing Authority (“Authority”) is a California housing authority duly organized and existing under the California Housing Authorities Law, Part 2 of Division 24, Section 34200, et seq., of the Health and Safety Code (“HAL”), and has been authorized to transact business and exercise the power of a California housing authority pursuant to action of the City Council of the City of Anaheim(“City Council”); and
WHEREAS, the City of Anaheim is a California charter city and municipal corporation (“City”); and
WHEREAS, on May 21, 2024, the Authority opened a public hearing to receive and consider public testimony and other evidence regarding the Project including, without limitation, information provided to the Authority by persons holding an interest in the Property.
WHEREAS, this Resolution is adopted based upon the entirety of the administrative record including, without limitation, the public comment presented at the May 21, 2024 regular Authority meeting, and the staff report submitted by the Housing and Community Development Department.
WHEREAS, the Authority reviewed this Resolution’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et set., the “CEQA” Guidelines”), and the City’s Environmental Guidelines.
NOW, THEREFORE, THE GOVERNING BOARD OF THE ANAHEIM HOUSING AUTHORITY FINDS AND RESOLVES AS FOLLOWS:
Section 1. The Authority finds and determines that the foregoing recitals are true and correct and are a substantive part of this Resolution.
Section 2. The Authority, after consideration of the staff report, staff presentation, discussion, oral testimony and evidence presented at the May 21, 2024 meeting of the Authority, finds, determines and declares as follows:
A. The public interest and necessity require an affordable housing project located along 821-837 S. Beach Boulevard consisting of the construction of 120 affordable rental units and 15 townhomes for sale (“Project”).
B. The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
C. The taking of the real property located at 831 S. Beach Boulevard, Anaheim CA 92804, which is more particularly identified as Orange County Accessor’s Parcel Number 079-164-13 and is legally described and depicted in the attached Exhibits “A” and “B” (the “Property”), is necessary for the Project.
D. The taking of the Property is authorized by Article I, Section 19 of the California Constitution; Government Code §§ 37350.5, 40404(f) ; the Housing Authorities Law (commencing with Section 34200 of the Health and Safety Code) and Sections 34203, 34501, 34315, 34325 and 34312.3 thereto; Civil Procedure Code §§ §§1230.010, et. seq., and all other applicable law.
E. The offer to purchase as required by Government Code section 7267.2 has been made to the owners of the Property.
F. Notice of Public Hearing before the Authority was duly given and published in the time, form, and manner as required by Code of Civil Procedure section 1245.235.
G. The Authority has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property.
Section 3 . Environmental Assessment. The City reviewed the environmental impacts of the proposed property acquisition pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal.
Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guideline § 15182 provides that where a public agency has prepared an EIR on a specific plan after January 1, 1980, a residential or mixed-use project in conformity to that specific plan is exempt from CEQA if the project meets the requirements of Section 15182 subdivisions (b) or (c). As described in the attached Exhibit “C” which is incorporated by reference, this activity satisfies the provisions of CEQA Guideline § 15182. Accordingly, this activity is not subject to further environmental review.
Section 4. Notice of CEQA Determination. The Authority Secretary, or designee, is directed to file a Notice of Exemption in accordance with Pub. Res. Code §21152; 14 CCR §§ 15062, and any other applicable law.
Section 5. General Plan Consistency. The location, purpose and extent of the acquisition of the Property conforms with the City’s adopted General Plan as adopted by the Planning and Building Director which is attached as Exhibit “D” and incorporated by reference.
Section 6 . The Authority hereby declares that it is its intention to acquire the Property in the Authority’s name in accordance with the provision of the laws of the State of California governing condemnation procedures.
Section 7. The Authority further finds that if any portion of the area of the Property has been appropriated to some public use, the public uses to which it is to be applied by the City, as described above, are more necessary and paramount public uses, pursuant to Code of Civil Procedure section 1240.610 or, alternatively, will not unreasonably interfere with or impair the continuance of the public use as it then exists or may reasonably be expected to exist in the future, pursuant to Code of Civil Procedure section 1240.510.
Section 8. The firm of Burke, Williams & Sorensen, LLP, under the direction of the City Attorney, is authorized and directed to prepare, institute and prosecute in the name of the Authority such proceedings in the proper Court having jurisdiction thereof as may be necessary for the acquisition of said Property, including the filing of an application for an Order for Possession prior to judgment.
Section 9. Reliance On Record . Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. The findings and determinations constitute the independent findings and determinations of the Authority in all respects and are fully and completely supported by substantial evidence in the record as a whole.
Section 10 . Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
Section 11. This Resolution shall be effective upon adoption.
Section 12. The Authority Secretary shall certify to the adoption of this Resolution.
THE FOREGOING RESOLUTION is approved and adopted by the Anaheim Housing Authority this day of , 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____
CHAIRPERSON
ANAHEIM HOUSING AUTHORITY
ATTEST:
__
SECRETARY
ANAHEIM HOUSING AUTHORITY
ATTACHMENT(S):
Exhibit A – Legal Description of the Property
Exhibit B – Property Depiction
Exhibit C – CEQA Determination
Exhibit D – General Plan Conformity
EXHIBIT A
LEGAL DESCRIPTION
EXHIBIT B
GENERAL LOCATION OF THE PROPERTY
EXHIBIT C
CEQA DETERMINATION
EXHIBIT D
GENERAL PLAN CONFORMITY