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HomeMy Public PortalAbout2005-088 (05-17-05)RESOLUTION NO. 2005.088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND WHISPERING GLEN, LLC WHEREAS, the Lynwood Redevelopment Agency (the "Agency") wishes to consider the approval of a Disposition and Development Agreement ("DDA") by and between the Agency and Whispering Glen, LLC (the "Developer") for the disposition of certain real property located at the northeast corner of Fernwood Ave and Atlantic Ave (the "Site"); and WHEREAS, a Project Environmental Impact Report was prepared for the 1980 Amendment to Redevelopment Project Area "A" ("1980 EIR"); and WHEREAS, the development advances the goals of the 1980 Amendment to Lynwood Redevelopment Project Area "A" ("1980 Amendment") described in the 1980 EIR which goals are to (1) arrest the decline and decay and the spread of blight throughout the project area, (2) restore and revitalize existing residential, commercial and industrial areas to viable centers serving community and regional needs, and (3) stimulate and attract private investment thereby improving the City's economic health, employment opportunities and tax base; and WHEREAS, the 1980 EIR addresses the environmental impacts of the development pursuant to the proposed DDA; and WHEREAS, the Agency has prepared an Initial Study and found and determined that a subsequent EIR is not needed because none of the following conditions of Section 15162 of Guidelines for the Implementation of the California Environmental Quality Act ("CEQA Guidelines") have occurred: Subsequent changes are proposed in the project which will require important revisions to the 1980 EIR due to the involvement of new significant impacts not considered in the 1980 EIR; and Substantial changes occurred with respect to the circumstances under which the project was undertaken due to the involvement of the new significant impacts not covered in the 1980 EIR; and · New information of substantial importance to the project has become available. NOW, THEREFORE, the City Council of the City of Lynwood hereby resolves as follows: Section 1. The redevelopment of the Site provided for by the DDA is covered by the 1980 EIR which serves as the Final Environmental Impact Report for the entire Amendment, which Amendment constitutes the "Project". Section 2. The redevelopment of the Site provided for by the DDA was considered in the 1980 EIR as part of the Project. Section 3. The 1980 EIR was considered prior to the approval of the DDA. The Agency hereby finds: the redevelopment pursuant to the proposed DDA is within the scope of the 1980 Amendment previously approved; the effects of the redevelopment pursuant to the proposed Final Environmental Impact Report together with all other development will not cause a significant effect on the environment. All feasible mitigation measures and alternatives developed in the Page 1 of 3 previous Final Environmental Impact Report for the Project are incorporated in this Development. No new information of substantial importance to the Project has become available. The final Environmental Impact report, therefore, is determined to be adequate to serve as the environmental impact report for the Development and satisfies ail the requirements of CEQA. Section 4. Applicable mitigation measures identified in the Final Environmental Impact Report have been incorporated into this Development which mitigate any potential significant environmental impacts thereof. Section 5. The Final Impact Report incorporates certain mitigation measures which are to mitigate or avoid significant effects on the environment, and the Agency hereby adopts the following program for reporting and monitoring the implementation of such mitigation measures pursuant to Public Resources Code Section 21081.6: A. The Developer selected by the Agency shall enter into an Agreement with the Agency to submit all plans and specifications for the Development to the Agency for its approval, at which time the Agency shall review the plans and specifications for compliance with such mitigation measures as are the responsibility of the Developer; B. The Agency shall comply with all requirements of the City of Lynwood (the "City") and all public agencies having jurisdiction in any demolition and construction of public works are to be constructed by the Agency; C. The Agency will report to the City Council of the City not less than annually on the implementation of the mitigation measures and make any recommendations it deems necessary to further implement said measures, such report to be included in the Agency's annual report pursuant to California Health and Safety Code Section 33089.5 and 33080.4; D. The City hereby authorizes and directs that a Notice of Determination with respect to the acquisition and development of the Site pursuant to the proposed DDA, and all other Agency actions taken in furtherance thereof, be filed. /~____~_~_///~.~~~~~_ OVED AND ADOPTED this 17th day of May 2005. ~,~.~ RAMON RO~31'GUEZ, MAY.~ '~1. 'Er~rique/~M'artir{e~ - ~ City Man~:~er APPROVED AS TO FORM: Arnoldo Beltran ity Attorney PPROVED AS TO CONTENT: Page 2 of 3 Louis Morales, Redevelopment Director ATTEST: Andrea L. Hooper, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 17tl~lay of Nay ,2005. AYES: NOES: ABSENT: ABSTAIN: COUNCILMEN BYRD, PEDROZA, SANTILLAN AND RODRIGUEZ NONE COUNCILWOMAN VASQUEZ NONE City Clerk, City of Lynwoc;d STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the Lynwood City Council of said City, do hereby ce~ !~lthe above and foregoing is a full, true and correct copy of Resolution No?.,"'~, b"h file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated thisl7t~ay of Nay ,2005. City Clerk, City of Lynwood Page 3 of 3