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91-132 RESOLUTION NO. 91R-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM 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 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 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, in order to implement the Redevelopment Plan, this City Council proposes to approve the sale of property pursuant to a Second Amendment to the DDA (the "Second Amendment") between the Agency, the Initial Developer, the 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 and approve the assignment of a portion of the Initial Developer's obligations under the DDA with respect to the For Sale Residental Units 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 Second 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 Second Amendment and the DDA will have a significant effect on the environment except as identified in the EIR, an~ 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 Second 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. 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 Second Amendment and the DDA which will require major 04/24/91 5060u/2621-12 -2- 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 EIR or supplement to the EIR is necessary or iequired; and (d) The sale of real property and construction of the proposed development pursuant to the Second Amendment and the DDA 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 7th day of May , 1991. 04/24/91 5060u/2621-12 -3- CLERK 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. 91R-132 was introduced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim held on the ?th day of May , 1991, 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.91R-132on the 8th day of May , 1991. 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.91K-13~, duly passed and adopted by the Anaheim City Council on May ? , 1991. CITY CLERK O ' THE ~ITY OF A~rAM~IM 04/24/91 5060u/2621-12 -4-