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92-078 RESOLUTION NO.92R-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM 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 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 (including the Lincoln Village Specific Plan Area), adopted by Resolution of the City Council of the City of Anaheim No. 90R-289 on July 24, 1990 (collectively the "EIR"); and WHEREAS, the City Council approved by Resolution No. 91R-133 on May 7, 1991 the sale of real property pursuant to the Disposition and Development Agreement (the "DDA") by and among the Agency and 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 City Council approved by Resolution No. 90R-437 on December 10, 1990, the sale of real property pursuant to the First Amendment to the Disposition and Development Agreement (the "First Amendment"), which revised the sales price and other economic terms of the DDA and approved the assignment of a portion of the Initial Developer's obligations under the DDA with respect to the Rental Units and Retail Improvements to Lincoln Anaheim Village Limited Partnership (the "Apartment Developer"); and WHEREAS, the City Council approved by Resolution No. 91R-133 on May 7, 1991, a Second Amendment to the Disposition and Development Agreement ("Second Amendment") 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, this City Council proposes to approve the sale of additional property pursuant to a Third Amendment to the DDA (the "Third Amendment") between the Agency, the 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; and WHEREAS, the construction of the proposed development pursuant to the terms and conditions set forth in the Third Amendment and the DDA 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 Third Amendment and the DDA 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; 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 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 Third Amendment and the DDA 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. 04/13/92 0289Q/2621/012 -2- 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 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 couldnot 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 EIR 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 City Council hereby approves the Negative Declaration and directs the City Clerk to file with the Orange County Recorder a Notice of Determination of Negative Declaration with respect to the Project. 04/13/92 0289Q/2621/012 -3- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21st day of April , 1992. CI~ CLER~ OF THE CITY OF ANAHEIM 04/13/92 0289Q/2621/012 -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereb~ certify that the foregoing Resolution No. 92R-78 was introduced and adopted at a regular meeting provided by law, of the Anaheim city Council held on the 21st day of April, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter AND I FURTHER certify that the Mayor Pro Tem of 'the City of Anaheim signed said Resolution No. 92R-78 on the 22nd day of April, 1992. IN WITNESS W"dEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd day of April, 1992. ? CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 92R-78 duly passed and adopted by the City Council of the City of Anaheim on April 21, 1992. CITY CLERK OF THE CITY OF ANAHEIM