91-286 RESOLUTION NO. 91R-286
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM MAKING CERTAIN ENVIRONMENTAL
FINDINGS WITH RESPECT TO THE THIRD AMENDMENT
TO THE DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND
KOLL ANAHEIM CENTER ASSOCIATES, THE
AMENDMENT TO OPTION AGREEMENT, RIGHT OF
FIRST REFUSAL AND ESCROW INSTRUCTIONS AND
THE AMENDMENT TO MEMORANDUM OF OPTION AND
RIGHT OF FIRST REFUSAL BETWEEN THE ANAHEIM
REDEVELOPMENT AGENCY AND PACIFIC BELL, AND
THE AMENDMENT TO PRE-DEVELOPMENT
CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN
THE ANAHEIM REDEVELOPMENT AGENCY AND THE
KOLL CONSTRUCTION COMPANY
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 reports
for the Redevelopment Plan for the Project were 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; Supplemental
EIR for Project Alpha Parcel 10, by Agency Resolution 83-35
adopted on September 6, 1983; and Subsequent EIR Report for
Parcels 8 and 9 by Agency Resolution ARA 83-84 adopted on
November 8, 1983, (collectively, the "Program EIR"); and
WHEREAS, in order to implement the Redevelopment Plan,
the City Council proposes to approve a Third Amendment to
Disposition and Development Agreement between the Agency and
Koll Anaheim Center Associates, a California limited
partnership (the "Third Amendment"), and to certain documents
attached to the Disposition and Development Agreement as more
fully set forth in the Amendment to Option Agreement, Right of
First Refusal and Escrow Instructions ("Option Amendment") and
the Amendment to Memorandum of Option and Right of First
Refusal ("Memorandum Amendment") between the Agency and Pacific
Bell, a California corporation, and the Amendment to
Pre-Development Construction Management Agreement
("Pre-Development Amendment") between the Agency and T.K.C.C.,
Inc.; and
WHEREAS, the construction of the proposed development
pursuant to the terms and conditions set forth in the
Disposition and Development Agreement, as amended by the Third
Amendment, the Option Amendment, the Memorandum Amendment and
the Pre-Development Amendment and the Redevelopment Plan is one
of the redevelopment activities assessed by the Program EIR; and
WHEREAS, the Agency staff has prepared an Init{al
Study of environmental impacts in order to ascertain whether
the Third Amendment, the Option Amendment, the Memorandum
Amendment and the Pre-Development Amendment will have a
significant effect on the environment except as identified in
the Program EIR, and whether there are new environmental
impacts resulting from the Third Amendment, the Option
Amendment, the Memorandum Amendment and the Pre-Development
Amendment not covered in the Program 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 certifies that the
Initial Study with respect to the Third Amendment, the Option
Amendment, the Memorandum Amendment and the Pre-Development
Amendment has been prepared pursuant to CEQA.
2. The City Council hereby certifies that the
information contained in the Initial Study and the Program 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 Third
Amendment, the Option Amendment, the
Memorandum Amendment and the Pre-Development
Amendment which will require major revisions
in the Program EIR due to the involvement of
new significant environmental impacts not
covered in the Program 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 Program EIR was certified,
and which shows that the Project will have
any significant effects not discussed
previously in the Program EIR, or that any
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APPENDIX F
INITIAL STUDY
(Environmental Information and Checklist Form)
GENERAL INFORMATION
1. Name and addres.s of Agency: Anaheim Redevelopment Agency
200 South Anaheim Boulevard, Anaheim, CA 92805
Generally bounded by Lincoln Avenue, Clementine St., Oak St.,
2. Address of Project: Anaheim Boulevard, Broadway and Harbor Boulevard
Assessor's Block and Lot Number
3. Name, address, and telephone number of person to be contacted concerning this
project: Michael L. Welch, Senior Projec.t Manager (714) 533-8750
4.Indicate number of the permit application (if any) for the development to which
this form pertains: n/a
5. List and describe any oti]er related permits and other public approvals required
for this project, including those required by city, regional, state and federal
agencies: See attached certified Initial Study
~ 6. Kxisting zoning district: CL (Commercial Limited)
7. Proposed use of site for which this form is filed: Commercial - See
previously certified Initial Study (attached)
~. DESCRIPTION OF DEVELOPMENT n/a
1. Site size. (See Attached Previously
Certified Initial Study
2, Square footage. and Resolutions)
Number of floors of construction.
4.Amount of off-street parking provided.
5.Attach plans.
6.Proposed scheduling.
7.Associated developments.
8.Anticipated incremental development.
9. If residential, include the number of units, schedule of unit sizes, range of sale
prices or rents, and type of household size ex,peeted.
Appendix F
Page 1 of 9 Pages
10. If commercial, indicate the type, whether neighborhood, city or regionally
oriented, square footage of sales area, and loading facilities.
11. If industrial, indicate type, estimated employment per shift, and loading
facilities.
12. If institutional, indicate the major function, estimated emoloyment per shift,
~. estimated occupancy, loading facilities, and community benefits to be derived
from the development.
13. If the developmflnt involves a variance, conditional use or rezoning application,
state this and indicate clearly why the application is required.
BNVIRON.MENTAL CHANGES
Are the following items applicable to the project activity or its effects? Discuss
below all items checked yes (attach additional sheets as necessary).
YES NO
~ x 1. Change in existing features of any bays, tidelands, beaches,
lakes or hills, or substantial alteration of ground contour.
x 2. Change in scenic views or vistas from exlst~no residential
areas or public lands or roads.
x 3. Change in pattern, scale or character of general area of
project or development.
x 4. Si.~nifieant amounts of solid ~aste or litter.
x 5. Change in dust, ash, smoke, fumes or odors in vicinity.
x 6. Change in ocean, bay, lake, stream or ~e-round water quality or
quantity, or alteration of existing drainage patterns.
~,~ ~ x 7. Substantial change in existing noise or vibration levels in the
vicinity.
x 8. Site on filled land or on slope of 10 percent or more.
x 9. Use of disposal of potentially hazardous materials, such as
toxic substances, flammables or explosives.
x 10. Substantial change in demand for municipal services (police,
fire, water, sewer, etc.).
x 1l. Substantially increase fossil fuel consumption (electricity, oil,
~ natural gas, etc.).
x 12. Relationship to larger development or series of developments.
Appendix F
Page 2 of 9 Pa~es
ENVIRONMENTAL SETTING
1. Describe the project or~ develo.~ment site as it existed before, including
information on topography, soil stability, plants and animals, and any cultural,
historical or scenic aspects. Describe any existing structures on the site, and
the use of the structures. Attach photographs of the site. Snapshots or
polaroid photos will be accepted.
2. Describe the surrounding properties, including information on .01ans and animals
and any cultural, historical or scenic aspects. Indicate the type of land use
(residential, commercial, etc.), intensity of land use (one-family, apartment
house, shops, department stores, etc.), and scale development (heloht, frontage,
set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots, or
polaroid photos will be accepted.
ENVIRONMENTAL IMPACTS
(Explanations of all "yes" and "maybe" answers are required on attached sheets.)
1. Earth. Will the proposal result in:
YES MAYBE NO
a. Unstable earth conditions or in changes in
geologic structures? .... x
b. Disruption, dis~)laeements, compaction or
evercovering of the soil? x
e. Change in topography or ground surface relief
features? x
d. The destruction, covering or modification of
any unique geologic or physical features? x
e. Any increase in wind or water erosion of soils,
either on or off the site.
f. Changes in deposition or erosion of beach
sands, or changes in siltation, deposition or
erosion which may modify the channel of a
river or stream or the bed of the ocean or any
bay, inlet or lake? x
g. ~xposure of people or property to geologic
hazards such as earthquakes, landslides, mud-
slides, ground failure, or similar hazards? x,
2. Air. Will the proposal result m.
a. Substantial air emissions or deterioration of
ambient air quality? x
Appendix F
Page 3 of 9 Pages
YES MAYBE NO
b. The creation of objectionable odors? x
c. Alteration of air movement, moisture or
temperature, or any change in climate, either
locally or regionally? x
3. Water. Will the proposal result in:
a. Changes in currents, or the course or direction
of water movements, in either marine or fresh
waters? x
b. Changes in absorption rates, drainage
patterns, or the rate ~nd amount of surface
water runoff? x
c. Alterations to the course or flow of flood
waters? x
d. Change in the amount of surface water in any
water body? x
e. Discharge into surface waters, or in any
alteration of surface water quality, including
but not limited to temperature, dissolved
oxygen or turbidity? x
f. Alteration of the direction or rate of flow of
ground water? x
g. Change in the quantity of ground waters,
either through direct additions or withdrawals,
or through iuterce~ption of an aquifer by cuts
or excavations? x
~ h. Substantial reduction in the amount of water
otherwise available for public water supplies? x
i. Exposure of people or property to water
related hazards such as flooding or tidal
waves? x
j. Significant changes in the temperature, flow,
or chemical content of surface thermal
springs? x
4. Plant Life. Will the proposal result in:
a. Change in the diversity of species, or number
~ of any species of plants (including trees,
shrubs, grass, crops, and aquatic plants)? x
Appendix F
Page 4 of 9 Pages
YES MAYBE NO
b. Reduction of the numbers of any unique, rare
or endangered species of plants? x
Introduction of new species of plants into an
area, or in a barrier to the normal
~,q replenishment of existing species? x
d. Reduction in acreage of any agricultural crop? x
5. Animal Life. Will the proposal result in:
a. Change in the diversity of speeies, or numbers
of any species of animals (birds, land animals
ineluding reotfies, fish and shellfish, benthie
organisms, or insects)? x
b. Reduction of the numbers of any unique, rare
or endangered species of animals? x
c. Introduction of new species of animals into an
area, or result in a barrier to the migration or
movement of animals? x
d. Deterioration to existing fish or wildlife
habitat? x
6. Noise. Will the proposal result in:
a. Increases in existing noise leveis? x
b. Exposure of people to severe noise levels? x
7. Light and Glare. Will the proposal produce new
light or glare? x
8. Land Use. Will the proposal result in a substantial
alteration of the present or planned use of an area? x
9. Natural Resources. Will the proposal result in:
a. Increase tn the rate of use of any natural
resources? x
b. Substantial depletion of any nonrenewable
natural resource? x
10. Risk of Upset. Will the proposal involve:
Appendix F
Page 5 of 9 Pages
YES MAYBE NO
a. A risk of an explosion or the release of
hazardous substances (including, but not
limited to, oil, r~estieides, chemicals or
radiation) in the event of an accident or upset
conditions? x
b. Possible interference with an emergenay
response 91an or an emergency evaeuaUon
plan? x
11. Population. Will the proposal alter the location,
distribution, density, or growth rate of the human
population of an area? x
12. Housing. Will the proposal affect existing housing,
or ereate a demand for additional housing? x
13. Transportation/Cireulation. Will the uroposal result
in:
a. Generation of substantial additional vehicular
movement? x
b. Effects on existing parking facilities, or
demand for new parking? x
e. ,Substantial impact upon existing
transportation systems? x
d. Alterations to present patterns of circulation
or movement of people and/or goods?
e. Alterations to waterborne, rail or air traffic? x
f. Increase in traffic hazards to motor vehicles,
bicyclists or pedestrians? x
14. Public Serviees. Will the proposal have an effect
upon, or result in a need for new or altered
governmental services in any of the following areas:
a. Fire protection? x.
b. Police protection? x
e. Schools? x
d. Parks or other recreational facilities? x
Appendix F
Page 6 of 9 Pages
YES MAYBE NO
e. Maintenance. of public facilities, including
roads? x
f. Other govermnental services? x
15. Ener,gy. Will the proposal result in:
a. Use of substantial amounts of fuel or energy? x
b. ~Jbstantial'inerease in demand upon existing
sources of energy, or require the development
of new sources of energy? x
16. Utilities. Will the proposal result in a need for new
systems, or substantial alterations to the foRowing
utilities:
a. Power or natural gas? x
~ b. Communications systems? x
c. Water? x
d. Sewer or septic tanks? x
e. Storm water drainage? x
f. ,Solid waste and disposal? x
17. Human Health. Will the proposal result in:
a. Creation of any health hazard or potential
health hazard (excluding mental health)? x'
b. Exposure of people to potential health
~ hazards? x
18. Aesthetics. Will the .proposal result in the
obstruction of any scenic vista or view open to the
public, or will the proposal result in the creation of
an aesthetically offensive site open to public view? x
19. Recreation. Will the proposal result in an impact
upon the quality or quantity of existing recreational
opportunties? x
20. Cultural Resources.
a. Will the proposal result in the alteration of or
~ the destruction of a prehistoric or historic
· archaeological site ? x
Appendix F
Page 7 of 9 Pages
YES MAYBE NO
b. Will the pro0os~l result in adverse ohysieal or
aesthetic effects to a prehistoric or historic
building, structure, or object? ..... x
e. Does the proposal have the potential to cause
a physical change which would affect unique
~'~' ' ethnic cultural values? x
d. Will the proposal restrict existing reliMious or
sacred uses' within the potential impact area? x..
21. Mandatory Findings of Significance.
a. Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
below self sustaining levels, threaten to
eliminate a plant or animal community, reduce
~ the number of or restrict the range of a rare
or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory? x
,' b. Does the project have the potential to achieve
~ short-term, to the disadvantage of long term,
environmental goals? (A short-term impaot on
the environment is one which occurs in a
relatively brief, definitive period of time
while long-term impacts will endure well into
the future.) x
e. Does the project have impacts which are
individually limited, but cumulatively
considerable? (A project may impact on two
~ or more separate resources where the impact
on each resource is relatively small, but where
the effect of the total of those impacts on the
environment is significant.) x
d. Does the project have environmental effects
which will eatme substantial adverse effects on
human beings, either directly or indirectly? x
VI. DISCUSSION OF ENVIRONMENTAL EVALUATION
This Initial Study is prepared pursuant to the consideration of a Third
Amendment to the Disposition and Development Agreement between the
Anaheim Redevelopment Agency and Koll Anaheim Center Associates. N~
substantial changes to the project have been identif-ied by the proposed
action. Previously certified documents including the attached certified
Initial Study, reference to the previously certified Final, Subsequent
and Supplemental EIRS and the previously approvel Resolutions are
referenced and included herein.
Appendix F
]Page 8 of 9 Pages
DETERMINATIOb[
On the basis of this initial evaluation:
I find the DroDesed action COULD NOT HAVE a significant effect on the
environment, and a NEGATIVE DECLARATION will be .prepared.
I find that although the proposed action COULD HAVE a si~nificant effect on
the environment, there WILL NOT BE a significant effect in this case because
the mitigation measures described on the attached sheet have been added to
the project. A .NEGATIVE DECLARATION will be prepared.
I find the 9roposed action ~{AY HAVE a significant effect on the environment
which will require important revisions in the previous ErR because of new
si~{nificant environmental impacts not considered or covered in the 9revious
EIR. A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT will be prepared.
I find that the 9roposed action 5{AY HAVE a significant effect on the
environment, but only minor additions or changes are necessary to make the
previous EIR adequate. i SUPPLEMENT TO ENVIRONMENTAL IMPACT
REPORT will be prepared.
I find that the pro~esed action 2{AY HAVE a significant effect on the
environment, but or~ly minor technical changes or additions are necessary to
make the previous Environmental Impact Report adequate. An ADDENDUM
TO ENVIRONMENTAL IMPACT REPORT wKl be prepared.
x I find that the proposed action WILL NOT HAVE any significant effect on the
environment other than as identified in the previous Environmental Impact
Report, and there is no additional information or data available regarding
environmental impacts identified in said Environmental Impact Report.
Therefore, a NEGATIVE DECLARATION, SUBSEQUENT ENVIRONMENTAL
IMPACT REPORT, SUPPLEMENT TO ENVIRONMENTAL IMPACT REPORT,
or an ADDENDUM TO ENVIRONMENTAL IMPACT REPORT will not b.e
prepared.
michael L. We~, Senior Project Manager
CERTIFICATION: I hereby certify that the statements furnished above and in the attached
exhibits present the data and information required for this initial evaluation to the best of
my ability, and that the facts, statements, and information presented are true and correct
to the best of my knowledge and belief.
M~chael L. ~(~t~e~ior Project Manager
Appendix F
Page 9 of 9 Pages
significant effects previously examined will
be substantially more severe than shown in
the Program 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 Third Amendment,
the Option Amendment, the Memorandum
Amendment and the Pre-Development Amendment
on the environment; or that any mitigation
measures or alternatives which were not
previously considered in the Program EIR
would substantially lessen any significant
effects of the Project on the environment;
and
(c) No subsequent or supplement to the Program
EIR is necessary or required; and
(d) The sale of real property and construction
of the proposed development pursuant to the
Third Amendment, the Option Amendment, the
Memorandum Amendment and the Pre-Development
Amendment will have no significant effect on
the environment except as identified and
considered in the Program EIR.
THE FOREGOING RESOLUTION is approved and adopted by
the City Council of the City of Anaheim this 1st day of
October , 1991.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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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-286 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 1st day of
October, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS~ Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: Daly
ABSENT: COUNCIL MEMBERS: Simpson
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 91R-286 on the 2nd day of October, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 2nd day of October, 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. 91R-286 duly passed and adopted
by the City Council of the City of Anaheim on October 1, 1991.
CITY CLERK OF THE CITY OF ANAHEIM