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ARA1991-08RESOLUTION NO. ARA91-8 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE ANAHEIM REDEVELOPMENT AGENCY, LINCOLN PROPERTY DEVELOPMENT COMPANY N.C., INC., 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 Redevelopment Project Alpha (the "Project"); and W%{EREAS, 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 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 and entered a First Amendment to the Disposition and Development Agreement' ("First Amendment") 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, in order to implement the Redevelopment Plan, the Agency proposes to approve a Second Amendment to the Disposition and Development Agreement (the "Second Amendment") between the Agency, Initial Developer, Apartment Developer, and Kaufman and Broad of Southern California, Inc. (the "For Sale Developer"), which would revise the sales price and other economic terms of the DDA, as amended by the First Amendment, and approve the Assignment of the Initial Developer's rights and obligations with respect to the For Sale Units under the DDA to the For Sale Developer, all as more particularly set forth in the Second Amendment; and 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 WHEREAS, the Agency staff has prepared an Initial Study of environmental impacts in order to ascertain whether the proposed development pursuant to the Second 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 Second Amendment not covered in the EIR requiring major revisions thereto or preparation of-a new subsequent or supplemental environmental impact report. 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 Second 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. 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 Second 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 04/29/91 5057u/2621-12 -2- (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 Second Amendment and the DDA Agreement will have no significant effect on the environment except as identified and considered in the EIR. THE FOREGOING RESOLUTION is approved and adopted by the Anaheim Redevelopment Agency this ?th day of May , 1991. ~-~t ~< _ ---- SECRETARY 04/29/91 5057u/2621-12 -3- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA91-8 was introduced and adopted at a regular meeting provided by law of the Anaheim Redevelopment Agency held on the 7th day of May , 1991, by the following vote of the members thereof: AYES: NOES: ABSENT: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None AND I FURTHER certify that the Chairman of the Anaheim Redevelopment Agency signed said Resolution No.~R~$ on the ~th day of May , 1991. ( SEAL ) I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing is the original of Resolution NO.ARAgl~, duly passed and adopted by the Anaheim Redevelopment Agency on May 7 , 1991. SECRETARY 04/29/91 5057u/2621-12 -4-