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90-436 RESOLUTION NO. 90R-436 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE PROPOSED AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY, LINCOLN PROPERTY DEVELOPMENT COMPANY N.C., INC., AND LINCOLN ANAHEIM VILLAGE LIMITED PARTNERSHIP. 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 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 adopted by Agency Resolution ARA 76-38 on November 23, 1976, as modified by the Addendum to Final Subsequent Environmental Impact Report for the Second Amendment to the Redevelopment Project Alpha, adopted by Resolution of the City Council of the City of Anaheim No. 90R-289 on July 24, 1990 (collectively the "EIR"); and WHEREAS, in order to implement the Redevelopment Plan, this City Council proposes to approve the sale of property pursuant to an Amendment to the Disposition and Development Agreement (the "Amendment") between the Agency, Lincoln Property Development Company N.C., Inc. and Lincoln Anaheim Village Limited Partnership (the "Assignee"), which would revise'the sales price and other economic terms of the Disposition and Development Agreement and approve the Assignment of a portion of the Developer's obligations under the Disposition and Development Agreement to the Assignee, all as more particularly set forth in the 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 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 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 City Council of the City of Anaheim as follows: 1. The City Council hereby finds that the Initial Study with respect to the proposed development pursuant to the Amendment and the Disposition and Development Agreement has been prepared pursuant to CEQA. 2. The City Council hereby finds that the information contained in the Initial Study and the EIR has been reviewed and considered by the members of the City Council. 3. The City Council 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 t~ be implemented, as a result of the proposed development pursuant to the Amendment 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 12/03/90 2761u/2621/000 -2- (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 Amendment and the Disposition and Development 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 City Council of the City of Anaheim this llth day of December , 1990. CITY CLERK OF THE CITY OF ANAHEIM 12/03/90 2761u/2621/000 -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 90R-436 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 11th day of December, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-436 on the 12th day of December, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of December, 1990. CITY CLERK OF THE CITY OF ANAHEIM ( SEAL ) I, LEONOP~ N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution NO. 90R-436 duly passed and adopted by the Anaheim City Council on December 11, 1990. CITY CLERK OF THE CITY OF ANAHEIM