RES-2006-191RESOLUTION NO. 2006 -191
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
MAKING CERTAIN FINDINGS UNDER CEQA RELATING TO THE
AMENDMENT OF THE ANAHEIM MERGED PROJECT AREA THROUGH
AMENDMENTS TO THE CONSTITUENT EXISTING REDEVELOPMENT
PLANS FOR THE ALPHA, RIVER VALLEY, PLAZA, COMMERCIAL/
INDUSTRIAL, AND A PORTION OF THE WEST ANAHEIM
REDEVELOPMENT PROJECTS
WHEREAS, on July 19, 1973, by Ordinance No. 3190, the City Council of the City of
Anaheim ( "City Council ") approved and adopted a redevelopment plan for the Alpha
Redevelopment Project ( "Alpha Project') and subsequently amended the redevelopment plan eight
times to modify land uses, amend relocation policies, establish a tax increment limit, establish time
limits in compliance with Assembly Bill 1290 ( "AB 1290 "), Senate Bill 1045 ( "SB 1045 "), and Senate
Bill 1096 ( "S13 1096 "), and merge with the existing redevelopment project areas in the City of
Anaheim ( "City "); and
WHEREAS, on November 29, 1983, by Ordinance No. 4463, the City Council adopted a
redevelopment plan for the River Valley Redevelopment Project ( "River Valley Project') and
subsequently amended the redevelopment plan six times to modify land uses, establish time limits
in compliance with AB 1290 and SB 1096, and merge with the existing redevelopment project
areas in the City; and
WHEREAS, on June 12, 1990, by Ordinance No. 5136, the City Council adopted a
redevelopment plan for the Plaza Redevelopment Project ( "Plaza Project ") and subsequently
amended the redevelopment plan three times to establish time limits in compliance with AB 1290
and SB 1045, and merge with the existing redevelopment project areas in the City; and
WHEREAS, on December 7, 1993, by Ordinance No. 5412, the City Council adopted a
redevelopment plan for the Brookhurst Commercial Corridor Redevelopment Project
( "Brookhurst Area ") and subsequently amended the redevelopment plan three times to add territory
to the project area, including renaming the project area the West Anaheim Commercial Corridor
Redevelopment Project ( "West Anaheim Project'), and establish time limits in compliance with
AB 1290 and SB 1045, and merge with the existing redevelopment project areas in the City; and
WHEREAS, on December 21, 1993, by Ordinance No. 5415, the City Council adopted a
redevelopment plan for the Commercial /Industrial Redevelopment Project ( "Commercial/ Industrial
Project') and subsequently amended the redevelopment plan three times to establish time limits in
compliance with AB 1290 and SB 1045, and merge with the existing redevelopment project areas
in the City; and
WHEREAS, on August 9, 1994, by Ordinance No. 5442, the City Council adopted a
redevelopment plan for the Stadium Redevelopment Project ( "Stadium Project ") and subsequently
amended the redevelopment plan two times to establish time limits in compliance with SB 1096
and merge with the existing redevelopment project areas in the City; and
WHEREAS, on May 24, 2004, by Ordinance Nos. 5913, 5914, 5915, 5916, 5917 and 5918,
the City Council adopted the amendments to all these redevelopment plans to merge ( "Merged
Plan ") the Alpha Project, River Valley Project, Plaza Project, West Anaheim Project,
Commercial /Industrial Project and the Stadium Project areas ( "Merged Project Area "); and
WHEREAS, the "Affected Plans" for the Merged Project Area consist of the redevelopment
plans, as amended, prepared for the Alpha Project, River Valley Project, Plaza Project,
Commercial /Industrial Project, and the Brookhurst Area of the West Anaheim Project; and
WHEREAS, the Anaheim Redevelopment Agency ( "Agency ") is vested with the
responsibility to carry out the Anaheim Merged Plan, inclusive of the Affected Plans; and
WHEREAS, the Agency has initiated proceedings to consider amendment of the Affected
Plans ( "Amendment ") with the primary objectives of such Amendment to include: (1) amendment
of the Affected Plans, which plans along with all other plans that constitute the Anaheim Merged
Project, into a single, consolidated redevelopment plan called the "Amended and Restated
Redevelopment Plan for the Anaheim Merged Project" and (2) amendment of the Affected Plans
only in accordance with Section 33333.10(a)(1) and (2) of the California Community
Redevelopment Law ( "CCRU) to extend the time limits on plan effectiveness and the repayment of
indebtedness and receipt of tax increment revenues by ten (10) years for such constituent Affected
Plans of the Anaheim Merged Project in order to eliminate existing blighting conditions and to
increase, improve, and preserve affordable housing opportunities; and
WHEREAS, in accordance with CRL Section 33333.11(f) the Agency previously sent the
proposed Amendment to the Planning Commission of the City of Anaheim ( "Planning
Commission ") for its report and recommendation concerning the proposed Amendment and its
conformity to the City's General Plan and pursuant to such review the Planning Commission
recommended to the Agency approval of the proposed Amendment; and
WHEREAS, the proposed Amendment proposes no changes to land use designations of
properties within the Merged Project Area, as designated herein, and the land use designations
contained in the Amended and Restated Redevelopment Plan are the same as and track those
land use designations contained in the adopted land use map of the City's General Plan; and
WHEREAS, the proposed Amendment proposes no changes to existing development
standards for properties located within the Merged Project Area, and development standards
applicable to the Merged Project Area, as enforced by the Amended and Restated Redevelopment
Plan, are the same as the development standards contained in the City's General Plan; and
WHEREAS, in connection with the review and update of the City's General Plan, the City of
Anaheim, as lead agency, through its City Council did duly pass and adopt Resolution
No. 2004 R -94 on May 25, 2004, copy on file in Anaheim City Clerk's office, 200 S. Anaheim
Boulevard, Anaheim, California, which resolution certified Final Environmental Impact Report No.
330 ( "General Plan EIR "), prepared in conjunction with that certain General Plan Amendment No.
2004 - 00429, Zoning Code Amendment No. 2004-00029, Reclassification No. 2004 - 00117,
Amendment No. 5 to the Anaheim Resort Specific plan No. 92 -2, Amendment No. 2 to the
Northeast Area Specific Plan No. 94 -1, and other discretionary actions set forth in the General Plan
EIR, (together, "GPA "); and
WHEREAS, in conjunction with the certification of the General Plan EIR, the City Council
made certain Findings of Fact and adopted a Statement of Overriding Considerations, copy on file
in Anaheim City Clerk's office, 200 S. Anaheim Boulevard, Anaheim, California; and
WHEREAS, in conjunction with the certification of the General Plan EIR, the City Council
adopted Mitigation Monitoring Program No. 122, and amended Mitigation Monitoring Program
No. 106 and Mitigation Monitoring Program No. 85a (collectively, the "GPA Mitigation Monitoring
Program "), copy on file in Anaheim City Clerk's office, 200 S. Anaheim Boulevard, Anaheim,
California; and
WHEREAS, Public Resource Code Section 21166 of the California Environmental Quality
Act ( "CEQA ") provides that, where an environmental impact report has been prepared for a project,
as defined in CEQA, no subsequent or supplemental environmental impact report is required
unless:
(a) Substantial changes are proposed in the project which will require major revisions of
the environmental impact report;
(b) Substantial changes occur with respect to the circumstances under which the
project is being undertaken which will require major revisions in the environmental impact report;
(c) New information, which was not known and could not have been known at the time
the environmental impact report was certified as complete, becomes available; and
WHEREAS, Section 15162 of the Guidelines promulgated pursuant to CEQA and
contained in Title 14 of the California Code of Regulations contains provisions similar to those
contained in CEQA Section 21166; and
WHEREAS, the Amendment does not amend in any respect the physical boundaries of the
Anaheim Merged Project Area, nor does it amend the types of projects to be undertaken pursuant
to the Amended and Restated Redevelopment Plan, nor does it in any manner alter the physical
impacts of the implementation of the Amended and Restated Redevelopment Plan; and
WHEREAS, the Amended and Restated Redevelopment Plan, as amended by the
Amendment, requires that any activity undertaken in implementation thereof be based upon and
wholly consistent with the General Plan and the Zoning Code of the City; and
WHEREAS, CEQA Guidelines Section 15378 defines the term "project" as the activity
which is being approved and which may be subject to several discretionary approvals, rather than
each separate government approval; and
WHEREAS, the Amendment is a discretionary approval associated with the implementation
of the City's General Plan and the GPA, and therefore may be considered an integral part of the
City's General Plan, as amended; and
WHEREAS, as the lead agency under CEQA for the GPA and General Plan EIR No. 330
and as the legislative body of the Agency, the City Council desires to make certain findings under
CEQA Section 21166; and
WHEREAS, the City Council, as the legislative body of the Agency, will, with the Agency,
implement the Amended and Restated Redevelopment Plan for the Merged Project Area, as
amended by the Amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. Consideration, action on, and approval of the Amendment is a discretionary
action by the City which furthers the implementation of the General Plan as amended by the GPA,
and therefore may be considered an integral part of the "project" as defined in the GPA and the
General Plan EIR.
Section 2. Pursuant to Section 21166 of CEQA, and Section 15162 of the CEQA
Guidelines, no environmental analysis besides that contained in the General Plan EIR is required
in conjunction with the approval of the Amendment because none of the events set forth in Section
21166 as set forth in the Recitals above is triggered by the approval and adoption of the
Amendment.
Section 3. In further description thereof and pursuant to Section 21166 of CEQA and
Section 15162 of the CEQA Guidelines, substantial evidence exists in the record presented that
(a) no substantial changes are proposed in the projects or the land uses identified in the GPA as
evaluated in the General Plan EIR, and as to be further implemented by the Amendment, that
would result in any new environmental impacts not covered by the General Plan EIR or would
result in more severe environmental impacts than those covered by the General Plan EIR; (b) no
substantial changes have occurred with respect to the circumstances under which the projects and
land uses in the GPA, as further implemented by the Amendment, will be undertaken have
occurred, that would result in any new environmental impacts not covered by the General Plan EIR
or would result in more severe environmental impacts than those covered by the General Plan EIR;
and (c) no new information has become available that was not previously available during the
preparation of the GPA and the General Plan EIR, including the related Findings of Fact and
Statement of Overriding Considerations and GPA Mitigation Monitoring Program, that would result
in any new environmental impacts not covered by the General Plan EIR or would result in more
severe environmental impacts than those covered by the General Plan EIR.
Section 4. The City Council designates the General Plan EIR, along with the Findings of
Fact and Statement of Overriding Considerations adopted in conjunction therewith, as the CEQA
documentation for the Amendment, and further adopts the GPA Mitigation Monitoring Program
mitigation measures as part of the Amendment proceedings.
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE CITY
COUNCIL OF THE CITY OF ANAHEIM THIS TWENTYSECOND (22 DAY OF AUGUST, 2006,
BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Pringle, Council Members Chavez, Hernandez, Sidhu, Galloway
NOES: None
ABSTAIN: None
ABSENT: None
CMPAAM Mayor .4f if
CftY ATTE
CLERK
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