ARA1992-10RESOLUTION NO. ARA92-10
A RESOLUTION OF THE ANAHEIM REDEVELOPMENT
AGENCY MAKING CERTAIN ENVIRONMENTAL FINDINGS
WITH RESPECT TO THE THIRD AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
AMONG THE ANAHEIM REDEVELOPMENT AGENCY,
LINCOLN ANAHEIM VILLAGE LIMITED PARTNERSHIP,
AND KAUFMAN AND BROAD OF SOUTHERN
CALIFORNIA, INC.
WHEREAS, the Anaheim Redevelopment Agency (the
"Agency") is engaged in activities necessary to execute and
implement the Redevelopment Plan (the "Redevelopment Plan") for
Redevelppment Project Alpha (the "Project"); and
WHEREAS, the following environmental impact report for
the Redevelopment Plan for the Project was certified by the
Agency to have been prepared and completed in accordance with
the California Environmental Quality Act of 1970, the State
CEQA Guidelines and Agency Procedures for the Implementation of
CEQA (collectively, #CEQA"): Final Subsequent Environmental
Impact Report for the Second Amendment to the Redevelopment
Plan for Redevelopment Project Alpha by Agency Resolution ARA
76-38 adopted on November 23, 1976, as modified by the Addendum
to Final Subsequent Environmental Impact Report for the Second
Amendment to Redevelopment Project Alpha (including the Lincoln
Village Specific Plan Area) by Resolution of the City Council
of the City of Anaheim No. 90R-289 adopted on July 24, 1990
(collectively the #EIR"); and
WHEREAS, the Agency approved by Resolution No. 89-9
and entered a Disposition and Development Agreement (the "DDA")
with Lincoln Property Development Company N.C., Inc. (the
"Initial Developer") dated September 22, 1989, pursuant to
which the Agency agreed to convey certain property to the
Initial Developer (the "Site") and the Initial Developer agreed
to construct specified attached and detached for sale dwellings
(the "For Sale Residential Units"), multiple family rental
dwellings (the "Rental Units") and commercial/retail
improvements (the "Retail Improvements") on the Site; and
WHEREAS, the Agency approved by Resolution No. 90-34
and entered a First Amendment to the Disposition and
Development Agreement ("First Amendment") dated December 14,
1990 pursuant to which, among other things, Agency approved the
assignment of the rights and obligations of the Initial
Developer with respect to the Rental Units and Retail
Improvements to Lincoln Anaheim Village Limited Partnership
(the #Apartment Developer"); and
WHEREAS, the Agency approved by Resolution No. 91-9
and entered a Second Amendment to the Disposition and
Development Agreement ("Second Amendment") dated May 7, 1991
pursuant to which, among other things, the Initial Developer
assigned its rights and obligations with respect to the For
Sale Residential Units to Kaufman and Broad of Southern
California, Inc. (the "For Sale Developer"); and
WHEREAS, in order to implement the Redevelopment Plan,
the Agency proposes to approve a Third Amendment to the
Disposition and Development Agreement (the "Third Amendment")
between the Agency, Initial Developer, Apartment Developer, and
the For Sale Developer, which would provide for the conveyance
of an additional parcel of real property from the Agency to the
For Sale Developer for the development of six (6) attached
townhouse units thereon;
WHEREAS, the construction of the proposed development
pursuant to the terms and conditions set forth in the Amendment
and the Disposition and Development Agreement is one of the
redevelopment activities assessed by the EIR; and
~EREAS, the Agency staff has prepared an Initial
Study of environmental impacts in order to ascertain whether
the proposed development pursuant to the Third Amendment will
have a significant effect on the environment except as
identified in the EIR, and whether there are new environmental
impacts resulting from the proposed development pursuant to the
Third Amendment not covered in the EIR requiring major
revisions thereto or preparation of a new subsequent or
supplemental environmental impact report; and
WHEREAS, the Agency published a notice of preparation
of negative declaration in the Anaheim Bulletin on March 31,
1992, and has submitted a proposed Negative Declaration to the
Agency and City Council which concludes that the Project will
not cause a significant negative impact on the environment.
NOW, THEREFORE, BE IT RESOLVED by the Anaheim
Redevelopment Agency as follows:
1. The Agency hereby finds that the Initial Study
with respect to the proposed development pursuant to the Third
Amendment and the DDA has been prepared pursuant to CEQA.
2. The Agency hereby finds that the information
contained in the Initial Study and the EIR has been reviewed
and considered by the members of the Agency.
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3. The Agency hereby finds and determines as follows:
(a)
No substantial changes are proposed in the
Project, or with respect to the
circumstances under which the Project is to
be implemented, as a result of the proposed
development pursuant to the Third Amendment
and the DDA which will require major
revisions in the EIR due to the involvement
of new significant environmental impacts not
covered in the EIR; and
(b)
No new information of substantial importance
to the Project has become available which
was not known or could not have been known
at the time the EIR was certified, and which
shows that the Project will have any
significant effects not discussed previously
in the EIR, or that any significant effects
previously examined will be substantially
more severe than shown in the EIR, or that
any mitigation measures or alternatives
previously found not to be feasible would in
fact be feasible and would substantially
reduce any significant effects of the
proposed development on the environment; or
that any mitigation measures or alternatives
which were not previously considered in the
EIR would substantially lessen any
significant effects of the Project on the
environment; and
(c) No subsequent or supplement to the EIR is
necessary or required; and
(d)
The sale of real property and construction
of the proposed development pursuant to the
Third Amendment and the DDA will have no
significant effect on the environment except
as identified and considered in the EIR.
4. The Agency hereby approves the Negative
Declaration and directs the Agency Secretary to file with the
Orange County Recorder a Notice of Determination of Negative
Declaration with respect to the Project.
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THE FOREGOING RESOLUTION is approved and adopted by
the Anaheim Redevelopment Agency this21st day of April ,
1992.
VICE CHAIRMAN
SECRETARY
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby
certify that the foregoing Resolution No. ARA92-10 was passed and adopted at a
regular meeting of the Anaheim Redevelopment Agency held on the 21st day of
April, 1992, by the following vote of the members thereof:
AYES: AGENCY MEMBERS: Simpson, Ehrle, Pickler and Daly
NOES: AGENCY MEMBERS: None
ABSENT: AGENCY MEMBERS: Hunter
AND I FURTHER CERTIFY that the Vice Chairman of the Anaheim Redevelopment
Agency signed said Resolution No. ARA92-10 on the 22nd day of April, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 22nd day of
April, 1992.
SECRETARY OF T~E ANAHEIM REDEVELOPMENT AGENCY
(SEAL)