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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. 04/13/92 0284Q/2621/012 -2- 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. 04/13/92 0284Q/2621/012 -3- THE FOREGOING RESOLUTION is approved and adopted by the Anaheim Redevelopment Agency this21st day of April , 1992. VICE CHAIRMAN SECRETARY 04/13/92 0284Q/2621/012 -4- 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)