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<br />Assessor Parcel Number 144-262-01, commonly known as 3700 West <br />McFadden Avenue. The property is a 22.6 acre parcel of land, <br />currently improved with a drive-in theatre featuring Spanish speaking <br />films and a weekend swap meet. The present improvements, constructed <br />in the late 1950's, consist of a single outdoor projection screen and <br />~ ancillary improvements. The property is owned by Masako Nakamura and <br />leased to Pacific Theatres under a long-term lease which has 72 years <br />remaining on the lease term. The proposed project is for the <br />development of a promotional retail center consisting of <br />approximately 253,000 square feet, which will be anchored by a <br />100,000 square foot HOME DEPOT. The center will also include a <br />pavillion-type store, a major soft goods tenant and other typical <br />retail stores. The public interest and necessity is demonstrated by <br />the fact that the proposed development, upon its completion, will <br />generate approximately $200,000 per year in annual tax increment <br />revenues from the $26 million development of the real property. The <br />project will generate approximately $610,000 in sales tax revenues in <br />its first year of full operation. These sales tax revenues are <br />anticipated to increase to approximately $963,636 in the tenth year <br />of operation of the center. The project will provide a major source <br />of employment opportunities for the residents of Santa Ana and the <br />general population of the County, both during the construction phase <br />of the project and during the ensuing years of its life. <br /> <br />The greatest public good is derived by the increase in the tax <br />. increment revenues generated by the proposed project. These tax <br />increment revenues would be utilized within the North Harbor <br />Redevelopment Project Area. The least private injury is shown in the <br />fact that the proposed project affects only one parcel of real <br />property, which affects one fee ownership interest and one leasehold <br />interest, and just compensation will be paid for these interest. The <br />property sought to be acquired is necessary for the proposed <br />project. It is the only parcel in the proposed project, and it is <br />also the only property which is under-utilized and under-developed of <br />this size, 22.6 acres, in the area which will provide the necessary <br />size to ensure the project's su<cess. <br /> <br />An offer of the fair market value as established by an independent <br />appraiser has been presented to both the owner of the real property <br />and the lessee as required by Section 7267.2 of the Government Code. <br /> <br />I would like to incorporate by reference the memorandum of this date <br />from the Acting Executive Director of the Community Development <br />Agency to the Deputy City Manager for Development." <br /> <br />The City Attorney pointed out that the staff memorandum, dated <br />. September 16, 1986, stated in the second paragraph, fifth sentence, <br />"that condemnation would be ref1uired if such an agreement could not <br />be achieved." He stated t at this was not the case and then read <br />Section 702 from the Agreement between the Agency and Schurgin <br />Development Corporation which contained the phrase that "nothing will <br />be construed to require eminent domain". He added that the Agency <br />could not adopt a Disposition and Development Agreement requiring an <br />eminent domain action. <br /> <br />3 <br />