CRA - 121RESOLUTION NO. CRA - 121
RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY CERTIFYING THE FINAL
PROGRAM EIR (SCH #2004081103) FOR THE 2005 AMENDMENTS TO THE
REDEVELOPMENT PLANS FOR THE CIVIC CENTER REDEVELOPMENT PROJECT AREA,
THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT
AREA, AND THE LINCOLN AVENUE REDEVELOPMENT PROJECT AREA INCLUDING
MERGING THESE PROJECTS AND ADOPTION OF AN AMENDED AND RESTATED
REDEVELOPMENT PLAN TO CREATE THE CYPRESS MERGED AND AMENDED
REDEVELOPMENT PROJECT AREA
WHEREAS, on July 19, 1982, the City Council of the City of Cypress ("City
Council") adopted Ordinance No. 692 approving a redevelopment plan for the Civic Center
Redevelopment Project and has subsequently amended said redevelopment plan five times, on
April 10, 1989 by Ordinance No. 813, on January 9, 1995 by Ordinance No. 932, on April 9, 2001
by Ordinance No. 1007, on November 10, 2003 by Ordinance No. 1044 and on April 26, 2004 by
Ordinance No. 1056; and
WHEREAS, on June 18, 1990, the City Council adopted Ordinance No. 851
approving a redevelopment plan for the Los Alamitos Race Track and Golf Course
Redevelopment Project and has subsequently amended said redevelopment plan four times, on
January 9, 1995 by Ordinance No. 932, on September 10, 2001 by Ordinance No. 1014, on
November 10, 2003 by Ordinance No. 1046 and on April 26, 2004 by Ordinance No. 1056; and
WHEREAS, on June 25, 1990, the City Council adopted Ordinance No. 852
approving a redevelopment plan for the Lincoln Avenue Redevelopment Project and has
subsequently amended said redevelopment plan four times, on January 9, 1995 by Ordinance
No. 932, on August 27, 2001 by Ordinance No. 1013, on November 10, 2003 by Ordinance No.
1045 and on April 26, 2004 by Ordinance No. 1056; and
WHEREAS, on November 10, 2003, the City Council adopted Ordinance No. 1045
amending each of the Plans to eliminate the time limit on incurring indebtedness, pursuant to
Senate Bill 211 codified in Health and Safety Code Section 33333.6(e)(2)(B); and
WHEREAS, on April 26, 2004, the City Council adopted Ordinance No. 1056
amending each of the Plans to extend the duration of the plan's effectiveness and time limit to
collect tax increment revenue by one year, pursuant to Senate Bill 1045 codified in Health and
Safety Code Section 33333.6(e)(2)(C); and
WHEREAS, the Redevelopment Agency of the City of Cypress ("Agency") is
proposing to amend the Redevelopment Plans for the Civic Center, Los Alamitos Race Track and
Golf Course, and Lincoln Avenue Redevelopment Project Areas to (i) add territory to the Lincoln
Avenue Project Area, (ii) update the projects list for each of the Project Areas, (iii) update plan
language in the Redevelopment Plan for the Civic Center Project Area, (iv) merge the Plans and
Project Areas for financial reasons, and (v) consolidate the constituent Plans into a single
redevelopment plan document known as the Redevelopment Plan for the Cypress Merged and
Amended Redevelopment Project Area (all of the foregoing, the "2005 Amendments"); and
WHEREAS, the Agency has prepared a Program Environmental Impact Report
("EIR") (SCH #2004081103) on the proposed 2005 Amendments pursuant to the California
Environmental Quality Act (Public Resources Code Sections 21000, et. seq., "CEQA"), and the
Guidelines for Implementation of the California Environmental Quality Act (Title 14, California
Code of Regulations, Sections 15000 et. Seq., the "Guidelines") and City CEQA Guidelines and
City Environmental Review Procedures; and,
WHEREAS, all action required to be taken by applicable law related to the
preparation, circulation, and review of the EIR have been taken; and,
WHEREAS, the Final EIR consists of the Draft EIR, as revised and supplemented
to incorporate all comments received during the public review period and the response of the
Agency and the City thereto; and,
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WHEREAS, the Findings of Fact for the 2005 Amendments, dated May, 2005
(Exhibit "A" of this Resolution) conclude that proposed mitigation measures outlined in the EIR
are feasible and have not been modified, superceded or withdrawn. These findings are not
merely information or advisory, but constitute a binding set of obligations that will come into effect
when the City Council adopts the ordinance adopting the 2005 Amendments. The adopted
mitigation measures contained within the Mitigation Monitoring and Reporting Program of the
Final EIR are expressed as conditions of approval. Other requirements are referenced in the
Mitigation Monitoring and Reporting Program adopted concurrently with the Findings of Fact and
will be effectuated through the process of implementing the 2005 Amendments; and
NOW, THEREFORE, BE IT RESOLVED that the Cypress Redevelopment Agency
states and resolves as follows:
I. FINAL CYPRESS MERGED AND AMENDED REDEVELOPMENT PROJECT EIR
CONTENTS (SCH # 2004081103)
That the Final Cypress Merged and Amended Redevelopment Project EIR consists of the
following:
Program EIR for the 2005 Amendments to the Redevelopment Plans for the Civic
Center, Los Alamitos Race Track and Golf Course, and Lincoln Avenue
Redevelopment Projects, in the form of the Redevelopment Plan for the Cypress
Merged and Amended Redevelopment Project .Area; and
2. Comments and Responses to Comments; and
3. Mitigation Monitoring and Reporting Program.
(All hereafter collectively referred to as "Final EIR")
II. ACCOMPANYING DOCUMENTS TO THE FINAL EIR
1. Findings of Fact; and
2. Mitigation Monitoring and Reporting Program.
III. CERTIFICATION OF COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY
ACT
That the Agency does hereby finds that the Final EIR (:SCH #2004081103), the Findings of
Fact (Exhibit "A") and the Mitigation Monitoring and Reporting Program (Exhibit "B") have
been prepared in accordance with the requirements of CEQA (Public Resources Code
Section 21000 et seq.), and the CEQA Guidelines (California Code Regs. Title 14 Section
15000 et seq.),
IV. INDEPENDENT JUDGMENT OF THE AGENCY
That the Final EIR reflects the independent judgment of the Agency.
V. CEQA FINDINGS OF FACT, AND MITIGATION MONITORING AND REPORTING
PROGRAM
A. Adoption of Findings of Fact
The Agency hereby makes each and every one of the findings contained in the Findings of
Fact (Exhibit "A")
B. Mitigation Measures Feasible and Adopted
As more fully identified and set forth in the Final EIR ,and in the Findings of Fact for this
Project, the Agency hereby finds pursuant to Public Resources Code Section 21081 and
CEQA Guidelines Section 15091 that the mitigation measures described in the above-
referenced documents are feasible and will become Minding upon the entity (Agency or
City) assigned thereby to implement the same.
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C. Infeasibility of Alternatives
As more fully identified and set forth in the Final EIR and in the Findings of Fact, the
Agency hereby finds pursuant to Public Resources Code Section 21081 and CEQA
Guidelines 15091 that alternatives to the Project, which were identified in the Final EIR,
were not found to reduce impacts to a less than significant level and/or meet Project
objectives and/or were found to be infeasible based upon specific economic, social, or
other considerations.
D. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 21081.6, the Agency hereby adopts
the Mitigation Monitoring and Reporting Program (Exhibit "B"). The Agency further finds
that the Mitigation Monitoring and Reporting Program is designed to ensure that, during
project implementation, the Agency, City, and any other responsible parties implement the
project components and comply with the mitigation measures identified in the Findings of
Fact and the Mitigation Monitoring and Reporting Program.
BE IT FURTHER RESOLVED THAT the Agency certifies that the documents constituting
the record of proceedings on which the Agency's decision is based are contained in the office of
the Agency Secretary/City Clerk and the Agency Secretary/City Clerk is also the is the custodian
of records of those documents; and
BE IT FURTHER RESOLVED THAT the Agency, hereby certifies and adopts the Final
EIR for the 2005 Amendments in accordance with CEQA, and the CEQA Guidelines.
PASSED AND ADOPTED by the Cypress Redevelopment Agency at a regular meeting
held on the 13t" day of June, 2005.
CHAIRMAN
CYPRESS REDEVELOPMENT AGENCY
ATTEST:
S CRETARY
C' CRESS REDEVELOPMENT AGENCY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ~ ss
I, JILL R. GUERTIN, Secretary of the Cypress Redevelopment Agency DO HEREBY
CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said
Redevelopment Agency held on the 13t" day of June, 2005, by the following roll call vote:
AYES: 4 AGENCY MEMBERS: Luebben, McCoy, Seymore and McGill
NOES: 0 AGENCY MEMBERS: None
ABSENT: 0 AGENCY MEMBERS: None
ABSTAIN: 1 AGENCY MEMBERS: Sondhi
SECRETARY
CYPRESS REDEVELOPMENT AGENCY
Agency Vice Chair Sondhi did not participate in this action due to her ownership of property in
proximity to the project area.
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