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ARA2000-10RESOLUTION NO. ARA2000-10 RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING ITS REPORT TO THE CITY COUNCIL ON THE PROPOSED AMENDMENT NO. 3 TO THE REDEVELOPMENT PLAN FOR THE RIVER VALLEY REDEVELOPMENT PROJECT AND TRANSMITTING THE REPORT AND AMENDMENT NO. 3 TO THE CITY COUNCIL OF THE CITY OF ANAHEIM WHEREAS, the City Council of the City of Anaheim, California (the "City Council") did duly pass and adopt Ordinance No. 4463 on November 29, 1983, and did thereby adopt and approve the Redevelopment Plan for the River Valley Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, the Redevelopment Plan was amended by the City Council by Ordinance No. 5091, duly adopted and approved on January 23, 1990, which revised certain land use alternatives within the Redevelopment Plan, and by Ordinance No. 5467, duly adopted and approved on December 13, 1994, which revised certain time limitations within the Redevelopment Plan in order to comply with certain amendments to the Community Redevelopment Law, California Health and Safety Code sections 33000 et seq. (the "Community Redevelopment Law"); and WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is considering the adoption of a proposed amendment ("Amendment No. 3") to the Redevelopment Plan and has prepared a proposed Amendment No. 3 therefore, and WHEREAS, pursuant to Sections 33457.1 and 33352 of the Community Redevelopment Law, to the extent warranted by a proposed amendment to a redevelopment plan, every redevelopment plan submitted by a redevelopment agency to the legislative body shall be accompanied by a report on the proposed redevelopment plan amendment which shall be made available to the public prior to the Joint Public Hearing on the proposed amendment. NOW, THEREFORE, BE IT RESOLVED by the Anaheim Redevelopment Agency as follows: Section 1. The Agency hereby approves and adopts the Report to the City Council (the "Report") on the Proposed Amendment No. 3 to the Redevelopment Plan for the River Valley Redevelopment Project, in substantially the form of Exhibit "A", attached hereto and made a part hereof by this reference. Section 2. The Agency's Executive Director is hereby authorized and directed to transmit the Report, the proposed Amendment No. 3, a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference, and any other documentation required for the Joint Public Hearing on Amendment No. 3, to the City Council. F:\DOCS~DEVSVCS'uRESOLUTN'0~CROB 30C PASSED, APPROVED AND ADOPTED this 12rhday of December, 2000. ' /r~ ' ~ncy Chalrm~n. ~edevelo Secretary Anaheim Redevelopment Agency APPROVED AS TO FORM: Agency Special Counsel F:\DOCS~DEVSVCS\RESOLUTNhRCROB 30C STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) , Secretary to the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution was passed and adopted at a meeting of the Anaheim Redevelopment Agency held on the day of December, 2000, by the following votes: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: ABSTAIN: AGENCY MEMBERS: AGENCY MEMBERS: F:\DOCS\DEVSVCSkRESOLUTN kRCROB30C EXHIBIT A REPORT TO THE CITY COUNCIL OF THE CITY OF ANAHEIM ON AMENDMENT NO. 3 TO THE REDEVELOPMENT PLAN FOR THE RIVER VALLEY REDEVELOPMENT PROJECT PREPARED FOR: THE ANAHEIM REDEVELOPMENT AGENCY December 1, 2000 REPORT TO THE CITY COUNCIL OF THE CITY OF ANAHEI~I ON AMENDMENT NO. 3 TO THE REDEVELOPMENT PLAN FOR THE RIVER VALLEY REDEVELOPMENT PROJECT TABLE OF CONTENTS Page I. INTRODUCTION 1 II. REASONS FOR SELECTION OF THE PROJECT AREA 3 III. DESCRIPTION OF THE PHYSICAL AND ECONOMIC CONDITIONS 5 IV. IMPLEMENTATION PLAN 5 V. ELIlVIINATION OF BLIGHT CANNOT BE ACCOMPLISHED BY PRIVATE ENTERPRISE ACTING ALONE 6 METHODS OF FINANCING THE REDEVELOPMENT OF THE PROJECT AREA 6 VI. VII. VIII. IX. X. XI. PLAN AND METHOD OF RELOCATION ANALYSIS OF THE PRELIMINARY PLAN 7 7 THE REPORT AND RECOMMENDATIONS OF THE PLANNING COMMISSION 7 SUMMARY OF THE PROJECT AREA COMMITTEE MEETINGS 8 REPORT ON CONFORMITY OF THE REDEVELOPMENT PLAN WITH THE GENERAL PLAN 8 XII. ENVIRONMENTAL DOCUMENTATION 9 XIII. COUNTY BASE YEAR REPORT 10 XIV. NEIGHBORHOOD IMPACT REPORT 10 XV. ANALYSIS OF COUNTY BASE YEAR REPORT 10 Exhibit A: Preliminary Environmental Review I. INTRODUCTION This Report (the "Report") to the City Council of the City of Anaheim (the "City") on Amendment No. 3 to the Redevelopment Plan (the "Plan") for the River Valley Redevelopment Project (the "Project Area") was prepared for the Anaheim Redevelopment Agency (the "Agency") pursuant to the Community Redevelopment Law, California Health and Safety Code Sections 33000, et seq., (the "Community Redevelopment Law")) The Plan was originally adopted by the City Council by Ordinance No. 4463 on November 29, 1983 in compliance with the requirements of the Community Redevelopment Law. Thereafter, the Plan was amended by Ordinance No. 5091, duly adopted on January 23, 1990, which revised certain land use alternatives within the Plan, and by Ordinance No. 5467, duly adopted on December 13, 1994, which revised certain time limitations within the Plan in order to comply with certain amendments to the Community Redevelopment Law. The Agency is currently considering and requesting that the City Council consider the adoption of an additional amendment to the Plan ("Amendment No. 3"). The purpose of the proposed Amendment No. 3 is to ensure that the Plan conforms with the City's General Plan as required by Section 33331. The Agency has undertaken the steps required by Sections 33450-33459.8 for the adoption of Amendment No. 3 and the purpose of this Report is to provide the City Council with the information, documentation, and evidence which the Agency is required to submit to the City Council along with the proposed Amendment No. 3. Pursuant to Section 33457.1, to the extent warranted by Amendment No. 3, the Agency is required to prepare the reports and information required by Section 33352 and make such reports and information available to the public prior to the hearing on Amendment No. 3. Section 33352 requires that every redevelopment plan submitted by a redevelopment agency to a legislative body shall be accompanied by a report containing the following information: The reasons for the selection of the project area, a description of the specific projects then proposed by the agency, and a description of how these projects will improve or alleviate the conditions described in subdivision (b). A description of the physical and economic conditions specified in Section 33031 that exist in the area that cause the project area to be blighted. The description shall include a list of the conditions described in Section 33031 that exist within the project area and a map showing where in the project the conditions exist. An implementation plan that describes specific goals and objectives of the agency, specific projects then proposed by the agency, including a program of actions and expenditures proposed to be made within the first five years of the plan, and a description of how these projects will improve or alleviate the conditions described in Section 3303 l. ~ All further references are to the Community Redevelopment Law. California Health and Safety Code Sections 33000. et seq., unless otherwise indicated. i F DOCS',DEVSVCS O FH ER REPxR(~()t)CI/[ x, DOC An explanation of why the elimination of blight and the redevelopment of the project area cannot reasonably be expected to be accomplished by private enterprise acting alone or by the legislative body's use of financing alternatives other than tax increment financing. The proposed method of financing the redevelopment of the project area in sufficient detail so that the legislative body may determine the economic feasibility of the plan. A method or plan for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the project area, which method or plan shall include the provision required by Section 33411.1 that no persons or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by the displaced person or family at rents comparable those at the time of displacement. An analysis of the preliminary plan. h. The report and recommendations of the planning cornmission. i. The summary referred to in Section 33387. The report required by Section 65402 of the Government Code. The report required by Section 21151 of the Public Resources Code. The report of the county fiscal officer as required by Section 33328. If the project area contains low- or moderate-income housing, a neighborhood impact report which describes in detail the impact of the project upon the residents of the project area and the surrounding areas, in terms of relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on school population and quality of education, property assessments and tmxes, and other matters affecting the physical and social quality of the neighborhood. The neighborhood impact report shall also include all of the following: 1. The number of dwelling units housing persons and families of Iow or moderate income expected to be destroyed or removed from the low- and moderate-income housing market as part of a redevelopment project. F:',DOCS\DEVS VCS' OTHERR EP~RCOOC01A DOC The number of persons and families of low or moderate income expected to be displaced by the project. The general location of housing to be rehabilitated, developed, or constructed pursuant to Section 33413. The number of dwelling units housing persons and families of low or moderate income planned for construction or rehabilitation, other than replacement housing. The projected means of financing the proposed dwelling units for housing persons and families of low and moderate income planned for construction or rehabilitation. A projected timetable for meeting the plan's relocation, rehabilitation, and replacement housing objectives. An analysis by the agency of the report submitted by the county as required by Section 33328, which shall include a summary of the consultation of the agency, or attempts to consult by the agency, with each of the affected taxing entities as required by Section 33328. If any of the affected taxing entities have expressed written objections or concerns with the proposed project area as part of these consultations, the agency shall include a response to these concerns, additional information, if any, and, at the discretion of the agency, proposed or adopted mitigation measures. Each of the fourteen areas set forth in Section 33352 will be discussed in turn in this Report. Upon adoption of the Plan in 1983 and each of the amendments to the Plan, all of the repons and information required by the Community Redevelopment Law at the time were prepared and submitted to the City Council by the Agency. As the revisions to the Plan under Amendment No. 3 are limited to those changes which are necessary to ensure conformance with the City's General Plan, it is often the case that no new information is required to be presented at this time. In those instances, throughout this Report, reference will be made to the provisions of the Plan or other actions of the Agency which address those particular topics not requiring further evaluation or analysis in connection with Amendment No. 3, x,~"nere such topics were discussed in connection with the adoption or previous amendment or' the Plan, those discussions are incorporated herein by reference. New, additionaI or supplemental information will be presented in this Report to the extent such information is warranted by the revisions to the Plan under Amendment No. 3. II. REASONS FOR SELECTION OF TIlE PROJECT AREA The original boundaries of the Project Area were selected in 1983 upon adoption of the Plan. A legal description of the original Project Area boundaries is set forth in Exhibit "A" to the Plan. F:'xDOCS\DEVSVCS OTH ERREP~RCOOC01A DOC The original report to the city council prepared in conjunction with the adoption of the Plan provides the rationale for selection of the Project Area. The Project Area encompasses a total of approximately 160 acres in the eastern boundary of the City of Anaheim, northwest of the intersection of the Riverside freeway and Weir Canyon Road. Development of real property in the Project Area had been deterred by the flood hazard created by the non-channelized Santa Ana River. The selection of the boundaries of the Project Area was guided by the General Plan, specific examples of physical and economic blight, as discussed in the original report to the City Council, and the following: "The desire to improve the river channel in order to protect the property from flooding, thereby permitting development to assure economic stability and to promote aesthetic and environmental actions and improvements in order to make the City of Anaheim a better place to liver, work, shop, and enjoy leisure time." Amendment No. 3 does not alter or in any way impact the Project Area boundaries. Therefore, further analysis of the reasons for selection of the Project Area other than those contained in previous reports as set forth above, is not required. In addition to requiring a discussion of the reasons for the selection of the Project Area, Section 33352(a) requires this Report to contain a description of the specific projects proposed by the Agency and a discussion of how those projects will improve or alleviate blighting conditions existing in the Project Area. Section 401 of the Plan currently provides that the Agency will seek to eliminate blight in the Project Area by: 4. 5. 6. 7. 8. 9. I0. Constructing public improvements and infrastructure, the lack of which have prevented development; Constructing public transportation improvements to provide access to all portions of the Project Area with improved pedestrian and vehicular circulation; Replanning, redesigning and developing undeveloped areas which are stagnant or improperly utilized; The participation of owners and tenants in the revitalization of their properties; Acquiring real property; Managing property under ownership and control of the Agency; Providing relocation assistance to displace Project :U"ea occupants: Demolishing or removing buildings and improvements: Rehabilitating, developing, or constructing low and moderate income housing within the Project Area and/or the City; Disposing of property for uses in accordance with the Plan; Redeveloping land by private enterprise and public agencies for uses in accordance with the Plan. In connection with Amendment No. 3, the Agency is not proposing to identify or undertake any new, additional or more specific projects in order to assist in the Agency's efforts to continue to 4 F ' DOCS' D EVS x. CS OTI tER REP'RCOOC01A.DOC eliminate blighting conditions in the Project Area. The Agency will continue to implement the Plan and pursue those projects and activities which meet its goals and objectives as have been previously discussed and/or approved to eliminate blight and blighting conditions, including those set forth in Section 401 of the Plan. Furthermore, as is more fully discussed in Section IV of this Report, the Agency has drafted and approved and will continue to follow an Implementation Plan as required by Section 33490 of the Community Redevelopment Law. III. DESCRIPTION OF THE PHYSICAL AND ECONOMIC CONDITIONS The current definition of the physical and economic conditions which constitute blight is set forth in Section 33031 of the Community Redevelopment Law. Upon original adoption of the Plan, the Agency and the City Council examined and analyzed the physical, economic and social conditions existing in the Project Area which constituted blight and/or blighting conditions as the terms were defined at that time. Section 33354.6(b) sets forth the requirements regarding the inclusion of a discussion of blight in the report required by Section 33352 upon the amendment ora redevelopment plan. Section 33354.6 provides that: When an agency proposes to increase the limitation on the number of dollars to be allocated to the redevelopment agency, it shall describe and identify, in the report required by Section 33352, the remaining blight within the project area, identify the portion, if any that is no longer blighted, the projects that are required to be completed to eradicate the remaining blight and the relationship between the costs of those projects and the amount of increase in the limitation on the number of dollars to be allocated to the agency. Amendment No. 3 does not increase the limitation on the number of dollars to be allocated to the Agency, nor does Amendment No. 3 add any new territory to the boundaries of the Project Area. Furthermore, the Agency is not undertaking any other revisions to the Plan which would require that the Agency re-examine the conditions of blight existing in the Project Area. Therefore, no further analysis of the blighting conditions existing in the Project Area is required to be included in this Report. IV. IMPLEMENTATION PLAN Section 33352(c) requires that every redevelopment plan submitted to the legislative body be accompanied by a report which includes: An implementation plan that describes specific goals and objectives of the agency, specific projects then proposed by the agency, including a program of actions and expenditures proposed within the first five years of the plan, and a description of how these projects will improve or alleviate the conditions described in Section 33031. Section 33490 imposes requirements identical to those set forth in Section 33352(c) and is applicable to all redevelopment plans adopted prior to December 31, 1994. Section 33490 provides that: F ',DOC S',D E ~,'S ¥ C S OTH E R R E P',RC(Y,)C0 l A DOC On or before December 31, 1994, and each five years thereafter, each agency that has adopted a redevelopment plan prior to December 31, 1993, shall adopt, after a public hearing, an implementation plan that shall contain the specific goals and objectives of the agency for the project area, the specific projects and expenditures proposed to be made during the next five years, and an explanation of how the goals and objectives, projects, and expenditures will eliminate blight within the project area and implement the requirements of Section 33334.2, 33334.4, 33334.6, and 33413. Pursuant to the requirements of Section 33490, the Agency approved an Implementation Plan for the Project Area in December 1994, and adopted the Second Implementation Plan in December 1999. Amendment No. 3 is not changing any aspect of the Plan other than as necessary to conform the Plan to the City's General Plan, no new implementation plan is included in this Report. ELIMINATION OF BLIGHT CANNOT BE ACCOMPLISHED BY PRIVATE ENTERPRISE ACTING ALONE Section 33352(c) requires the report submitted to the legislative body in connection with a redevelopment plan to include an explanation of why the elimination of blight and the redevelopment of the project area cannot be accomplished by private enterprise acting alone or by the legislative body's use of financing alternatives other than tax increment financing. As discussed in Section HI of this Report, the Agency fully examined the blight and blighting conditions which exist within the Project Area upon the original adoption of the Plan. In addition, the Agency examined, analyzed and explained why the elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone or by the City Council's use of financing other tax increment financing, to the extent then required by the Community Redevelopment Law. Amendment No. 3 does not add any additional area to the Project Area and the Agency is not proposing any other revisions to the Plan which would require that this element be re-examined at this time. Therefore, no further discussion is required in this Report regarding the ability of private enterprise acting alone or the use of financing other than tax increment financing to eliminate blight in the Project Area. VI. METHODS OF FINANCING THE REDEVELOPMENT OF THE PROJECT AREA The methods available to the Agency for financing redevelopment of the Project Area are set forth in Section 600 of the Plan. Specifically, Section 601 of the Plan states that the Agency is authorized to finance redevelopment activities in the Project Area with financial assistance from the City. State of California. property tax increment, interest income. Agency bonds, or any other available source. Section 601 also provides that the Agency is authorized to obtain advances, borro~ funds and create indebtedness in carrying out the Plan. The Agency is not proposing any changes to the Plan in connection with Amendment No. 3 that will affect the economic feasibility of the Plan or that would add to or alter any of the financing methods currently available to the Agency under the Plan. Therefore, no further analysis of the proposed financing method is required in this Report. F',DOCS',DEVSVCS\O~-tERREPxRCOt)C01 ~, DOC 6 VII. PLAN AND METHOD OF RELOCATION Section 33352(f) requires that the report of the agency to the legislative body accompanying a redevelopment plan include a method or plan for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the project area. The method or plan for relocation must include the provision required by Section 33411.1 that no persons or families of low and moderate income will be displaced unless and until there is a suitable housing unit available and ready for occupancy by the displaced person or family at rents comparable to those at the time of their displacement. Upon adoption of the Plan, the Agency provided the City Council with the guidelines for relocation to the extent then required by the Community Redevelopment Law. Section 413 of the Plan contains provisions regarding relocation assistance and payments for persons and businesses located in the Project Area that are displaced by Agency action. In addition to complying with the provisions of the Plan and the Community Redevelopment Law regarding relocation, the Agency currently complies with and will continue to comply with and implement all applicable state and federal law requirements regarding relocation, including but not limited to, the California Relocation Assistance Act, California Government Code Sections 7260, et seq., and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Section 4601, et seq.) and the implementing local rules adopted by the community. The Agency is not proposing any additional activities or projects in connection with Amendment No. 3 which would displace persons, families or businesses in the Project Area. Therefore, no further analysis of the Agency's method or plan of relocation is required. VIII. ANALYSIS OF THE PRELE~IINARY PLAN Sections 33322 and 33323 of the Community Redevelopment Law authorize the Planning Commission with the assistance of the Agency to select one or more project areas comprised of all or part of a redevelopment survey area selected by the City Council and to formulate a preliminary plan for the redevelopment of each selected project area. Pursuant to Section 33324 of the Community Redevelopment Law a preliminary plan is sufficient if it contains a description of the boundaries of the project area, a general statement of the land uses, layout of principal streets, population densities and building intensities and standards proposed as the basis for the redevelopment of the project area, shows how the purposes of this part would be attained by such redevelopment, shows that the proposed redevelopment conforms to the master or general community plan, and describes, generally, the impact of the project upon residents thereof and upon the surrounding neighborhood. A Preliminary Plan was prepared and analyzed in connection with the adoption of the Plan to the extent then required by the Community Redevelopment Law. No preliminary plan is required in connection xtith the proposed Amendment No. 3 as the Agency is not proposing to expand the boundaries or' the Project Area. Therefore, there is no need to analyze a preliminary plan in this Report. IX. THE REPORT AND RECOMMENDATIONS OF THE PLANNING COMMISSION Section 33352(h) of the Community Redevelop~nent Law calls for the report and recommendations of the planning commission regarding the proposed Plan following submittal of the Plan to the commission pursuant to Section 33346. In the case of an amendment to an existing redevelopment plan, however, the plan need only be submitted to the planning commission for review if. after a public hearing held by the redevelopment agency on the plan amendment, the 7 F:~,DOCS DEVS VC S' OTH ER R E P',RCOOC01 ~DOC agency recommends "substantial changes in the plan which affect the general plan adopted by the planning commission or the legislative body .... Amendment No. 3 does not propose any changes to the Plan that would affect the general plan for the City of Anaheim. Indeed, Amendment No. 3 simply ensures that the land uses permitted by the Plan are in conformity with the City of Anaheim General Plan. Therefore, submittal of Amendment No. 3 to the Planning Commission is unnecessary, and no report of the Planning Commission need be submitted with this report to council. X. SUMMARY OF THE PROJECT AREA COM~IITTEE MEETINGS Section 33385.3 of the Community Redevelopment Law provides that if a project area committee does not exist, and the agency proposes to amend a redevelopment plan, the agency must establish a project area committee if the proposed amendment to a redevelopment plan would do either of the following: Grant the authority to the agency to acquire by eminent domain property on which persons reside in a project area in which a substantial number of low- and moderate-income persons reside. Add territory in which a substantial number of low- and moderate-income persons reside and grant the authority to the agency to acquire by eminent domain property on which persons reside in the added territory. The project area committee may be composed of persons from only the added area or both the added and the existing project area. There is no Project Area Committee for the Project Area. The proposed Amendment No. 3 does not further grant or extend the Agency eminent domain power over residential property or add territory to the Project Area on which a substantial number of low- and moderate-income persons reside. Therefore, it was not necessary to form a project area committee in connection with the proposed Amendment No. 3 and no summary of the meetings of a project area committee is required to be included in this Report. XI. REPORT ON CONFORMITY OF THE REDEVELOPMENT PLAN WITH THE GENERAL PLAN Section 33331 of the Cormnunity Redevelopment Law requires that "every redevelopment plan shall conform to the general plan insofar as the latter applies to the project area." The purpose of Amendment No. 3 is to comply with Section 33331 and to ensure that the Plan conforms with the existing requirements of the City's General Plan. In keeping with this purpose, various provisions of Section 500 of the Platt have been revised, Specifically, the land use provisions set forth in Section 500 of the Plan have been changed to reflect the land uses allowed in the Project Area under the City's General Plan. In addition, in order to ensure on-going compliance with the City's General Plan, new language has been added to Section 500 of the Plan to provide that in the event that the City's General Plan is amended or otherwise altered, it is the intent of the Plan that the land uses provided in the Plan be the same as those set forth in the City's General Plan. Section 511 of the Plan has also been revised to provide that the Agenc? is authorized to establish certain development standards only to the extent that such standards are in compliance with the limits, restrictions, and controls established in the City's 8 Fg, DOCS',,DEVSVCS'OTHERRE~RC(~)C01 X. DOC General Plan. In addition, under Section 524 of the Plan, the Agency is only authorized to grant a variance from the limits, restrictions, and controls established by the Plan subject to compliance with the City's General Plan. XII. ENVIRON3~IENTAL DOCUMENTATION Section 33352(k) requires that a redevelopment plan submitted to the legislative body be accompanied by the report required by Section 21151 of the California Public Resources Code. Section 21151 of the California Public Resources Code provides in part that: All local agencies shall prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on any project that they intend to carry out or approve which may have a significant effect on the environment. Section 21166 of CEQA provides that, where an environmental impact report has been prepared for a project, as was the case with the adoption of the original Plan, no subsequent or supplemental environmental impact report is required unless major revisions of the original EIR are required because substantial changes are proposed in the project; substantial changes occur in the circumstances under which the project is being undertaken; or new information, not known at the time of the original EIR certification, becomes available. In the present case, the revisions to the Plan encompassed in Amendment No. 3 (the "project" for purposes of Section 21166) does not constitute substantial changes, nor have the circumstances under which the Plan is to be implemented changed substantially. Finally, there is no new information available beyond that known at the time of certification of the original EIR. Thus, Section 21166 provides yet another basis under which Amendment No. 3 is exempt from CEQA. Finally, Section 15061 of the State CEQA Guidelines provides that a public agency may determine that a project is exempt from the provisions of CEQA if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. In the present case, an amendment to the City's General Plan changing the zoning designation for property within the Project Area has already been processed and approved by the City. This General Plan Amendment was accompanied by a Negative Declaration pursuant to CEQA, which was certified and approved by the City in conjunction with its approval of the General Plan Amendment. The effect of the General Plan Amendment was to render any use designation inconsistent with such Amendment set forth in the Plan ineffective, because the City and the Agency may not approve any redevelopment activity which is inconsistent with the City's General Plan. ,~nendment No. 3, then, simply serves to coalesce the General Plan and the Redevelopment Plan, but has no environmental impact because the inconsistent uses set forth in the Plan were already rendered void by the General Plan Amendment. A Prelimina0' Review of Environmental Impacts, attached hereto as Exhibit "A" and incorporated herein by reference, was prepared in connection with A~nendm¢nt No. 3 pursuant to which it was determined that Amendment No. 3 has no potential for causing a significant effect on the environment based on the above analysis. Because Amendment No. 3 is limited to changes necessary to ensure the Plan is consistent with the City's General Plan, and does not effectuate any substantive changes to the Plan beyond this technical revision, ~:here is no reasonable possibility that Amendment No. 3 will have a significant effect on the environment: therefore no CEQA documentation is required. 9 F:XDOCS'~DEVS VCS'OTI~{ ER R ED~RCOOC01A DOC XIII. COUNTY BASE YEAR REPORT Section 33352(1) requires that the report of the agency to the legislative body include the report of the county fiscal officer as required by Section 33328. This so called "33328 Report" or the "Base Year Report" generally contains information regarding the assessed valuation of property within the project area and identifies all the taxing agencies which levy taxes in the project area. The requirements regarding the need for a "33328 Report" in connection with a redevelopment plan an~endment are set forth in Section 33328.3 which provides that: "If the boundaries of an existing project area for which the redevelopment plan contains a provision for the division of taxes as permitted by Section 33670 are changed pursuant to Article 4 (commencing with Section 33330), the redevelopment agency shall notify rite county officials by tra~tsmitting to them ... the information required by Section 33327 indicating the areas to be added or detached. Within 60 days from the date of filing ... the county officials shall prepare and submit to the redevelopment agency and the taxing agencies a report containing the information required under Section 33328, with respect to those areas to be added or detached from the project area." Upon original adoption of the Plan, the Agency requested that the county prepare a Base Year Report to the extent then required under the provisions of the Community Redevelopment Law. Amendment No. 3 does not add any additional territory to the boundaries of the Project Area. Therefore, it was not necessary for the Agency to submit the information required by Section 33327 to county officials and county officials are not required to prepare the report referred to in Section 33328 as no such information is included in this Report. XIV. NEIGHBORHOOD I~'IPACT REPORT Section 33352(m) requires that if a project area contains Iow- or moderate-income housing, a neighborhood impact report which describes in detail the impact of the project upon the residents of the project area and the surrounding areas, in terms of relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on school population and quality of education, property assessments and taxes, and other matters affecting the physical and social quality of the neighborhood be prepared and included in the report submitted to the legislative body by the agency. The Project Area. at the time of adoption of the Plan, did not contain arty low or moderate income housing. The Agency ~as therefore not required to prepare a neighborhood impact report. Amendment No. 3 does not add any territory or cause any impacts to low and moderate income housing, and therefore does not trigger the requirement imposed by Section 33352(m). XV. ANALYSIS OF COUNTY BASE YEAR REPORT Section 33352(n) requires that the report submitted to the legislative body include an analysis by the agency of the report submitted by the county as required by Section 33328, including a summar? of the consultations of the agency, or attempts to consult by the agency~ with each of the affected taxing entities as required by Section 33328. ~0 F \DOCS',DEVSVCS',OT}{Er~REP',RCOOCOI A DOC As is set forth more fully in Section xm of this Report, it was not necessary for the Agency to request that the County prepare the report required by Section 33328, therefore, there is no analysis of such a report set forth herein. In addition, as Amendment No. 3 merely ensures the conformance of the Plan with the City's General Plan, there was no need for the Agency to consult with any affected taxing agencies. F ',DOCS\DEVSVCS\OTHERREPXRCOOC01A DOC EXHIBIT A F \DOCS\DEVSVCS'OTH ERREI~RCOOC0! A DOC 12 City of Anaheim Environmental Checklist Form AMENDMENT NO. 3 TO THE REDEVELOPMENT PLAN FOR THE RIVER VALLEY REDEVELOPMENT PROJECT ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: [] Aesthetic/Visual [] Biological Resources [] Hazards & Hazardous Materials [] Mineral Resources [] Public Services [-3 Utilities/Service Systems [] Agricultural Resources [] Cultural Resources [] Hydrology~Vater Quality [] Noise [] Recreation [] Air Quality [] Geology/Soils [] Land Use/Planning [] Population/Housing [] Transportation/Traffic [] Mandatory Findings of Significance DETERMINATION: (To be completed by the City) On the basis of this initial evaluation: I find that the proposed project is exempt from CEQA. [] I find that the proposed project COULD NOT have a significant effect on the environment, and a Negative Declaration will be prepared. [] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been incorporated into the project or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [] I find that the proposed project MAY have a significant effect on the enviromnent, and an ENVIRONMENTAL EVlPACT REPORT is required. [] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL D,4PACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because ail potentially significant effects (a) have been analyzed adequately in au em-lief EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NT. GATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature of City of Anaheim Representative Printed Name Date EVALUATION OF ENVIRONMENTAL IMPACTS: 1) All answers must take account of the whole action involved, including offsite as well as onsite, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 2) A list of "Supporting Information Sources" must be attached and other sources used or individuals contacted should be cited in the discussion. 3) Response Column Heading Definitions: a) Potentially Significant Impact is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. h) Potentially Significant Unless Mitigation Incorporated applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact". The mitigation measures must be described, along with a brief explanation of how they reduce the effect to a less than significant level. c) Less Than Significant Impact applies where the project creates no significant impacts, only Less Than Significant impacts. d) No Impact applies where a project does not create an impact in that category. "No Impact" answers do not require an explanation if they are adequately supported by information sources cited immediately following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one proposed (e.g., the project falls outside of a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 4) Earlier analyses may be used where, pursuant to a tiering, program EIR, Master EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration (Section 15062(c)(3)(D)). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) .Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated", describe the mitigation measures which v, ere incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. s) Incorporate into the checklist any references to information sources for potential impacts (e.g., the General Plan. zoning ordinance). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 6) ]'he explanation of each issue should identify: a) [Ixe significance c,-itcria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significant. ENVIRONMENTAL ISSUES (Attach explanation and information sources) Potentially Less Than Less Than Significant Significant With Significant Impact Mitigation Impact AESTHETICS-Would the project: a) Have an effect on a scenic vista or scen[c highway? b) Substantially degrade the existing visual character or quality of the site and its surroundings? No Impact e) Create a new source of substantial light or glare which would adversely by affect day or nighttime views in the area? o [] o Narrative Summary: I1. AGRICULTURAL RESOURCES-Would the project; a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? Narrative Summary: II1. AIR QUALITY-Would the project:* a) Conflict with or obstruct implementation of the applicable air quality plan? E] b) Violate any air quality standard or contribute to an existing or projected air quality violation? [] c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non- attainment under an applicable federal or state ambient air quality standard? [] d) Expose sensitive receptors to pollutant concentrations? [] e) Create objectionable odors affecting a substantial number of people? [] [] [] [] D Er' 'Where applicable, the significance criteria established by the South Coast Air Quality [vlanagement District (AQMD) may be relied upon to make the determinations. Narrative Summary: -4- ENVIRONMENTAL ISSUES (Attach explanation and information sources) IV. BIOLOGICAL RESOURCES-Would the project: a) b) c) Affect any species identified as a candidate, sensitive, or special status species by local designation or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Have an adverse effect on any riparian habitat or other sensitive natural community identified by local designation or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Have an adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere with established migratory wildlife corridors? Less Than Potentially Significant Less Than Significant With Significant Impact Mitigation Impact D [] D O;/ No Impact Narrative Summary: V. CULTURAL RESOURCES-Would the project: a) Disturb any historic resources as defined in § 15064.5 and designated on a list of qualified historic structures as approved by the City? b) Disturb archaeological resources? c) Destroy a unique paleontological resource or site or unique geological feature? d) Disturb any human resources, including those interred outside of formal cemeteries? Narrative Summary: -5- ENVIRONMENTAL ISSUES No Impact (Attach explanation and information sources) VI. GEOLOGY AND SOILS-Would the project: a) Expose people o~ structures to potential substantial adverse effects, including the risk of loss, iojury, or death involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist-Prolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslide? b) Result in substantial soil erosion or the loss of topsoil? o) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in the most current version of the Uniform Building Code, creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use o[ septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Potentially Less Than Less Than Significant Significant Significant With Impact Mitigation Impact D m [] ~ [] El D Narrative Summary: Vii. HAZARDS AND HAZARDOUS MATERIALS-Would the_ project: a) Create a need to routinely transport, use, or dispose of hazardous materials? b) Create a hazard by a reasonably foreseeable upset and accident condition(s) involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous materials, substances, or waste within one-quarter-mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, would create a significant hazard to the public or the environment? iNiT;AL STUOY FORM OCT -6- [] [] G'" ENVIRONMENTAL ISSUES (Attach explanatioo and Information sources) Narrative Summary: Less Than Less Than Potentially Significant Significant Significant With Impact Mitigation Impact No Impact VIII. HYDROLOGY AND WATER QUALITY-Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge? c) Alter the existing drainage pattern of the site or area in a manner which would result in substantial erosion or silta¢on on-site or o~f-site, or result in flooding on-site or ohLsite? d) Create or increase runoff which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional soumes of pollutant runoff? e) Degrade water quality? f) Place housing within a 100-year flood hazard area? g) Place structures within a 100-year flood hazard area which would impede or redirect flood flows? h) Expose people or structures to a significant risk of loss, injuW, er death involving frooding? Narrative Summary: D [] D I'~ IX. LAND USE AND PLANNING-Would the project: a) b) Physically divide an established community? Conflict with any applicable land use plans, policy, or regulation (including, but not limited to the General Plan, specific plan, and zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Conflict with any applicable habitat conservation plan or natural community conservation plan? Narrative Summary: [] [] [] ~ X. MINERAL RESOURCES-Would the project: Result in the loss of availability delineated on a local general plan, specific plan or other land use plan? -7- ENVIRONMENTAL ISSUES (Attach explanation and information sources) Narrative Summary: Potentially Significant impact Less Than Significant With Mitigation Less Than Significant Nolmpact Impact Xl. NOISE-Would the project: a) b) c) Result in exposure of persons to or generation of noise levels in excess of the City's noise ordinance or other applicable standards? Result in exposure of persons to or generation of excessive groundbome vibration or groundborne noise levels? Result in a temporary, periodic or permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Narrative Summa~: [] [] [] B/ r~ [] [] ~' XII. POPULATION AND HOUSING-Would the project: a) b) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through the extension of roads or other infrastructure)? Remove or displace a substantial number of people or existing homes, necessitating the construction of replacement housing elsewhere? Narrative Summary: -8- ENVIRONMENTAL ISSUES (Attach explanation and information sources) Less Than Potentially Significant Less Than Significant With Significant Impact Mitigation Impact Xffl. PUBLIC SERVICES-Would the project: No Impact Result in substantial adverse physical impacts associated with the provision of, or need for, new or physically altered government facilities to maintain acceptable service ratios, response times, or other performance objectives for any of these public services, which could cause significant environmental impacts: Fire protection? [] [] [] Bix Police protection? [] [] [] [~ Schools? [] [] [] ~ Parks? [] [] [] E~' Other public facilities? [] [] [] B~ Narrative Summary: XIV. RECREATION-Would the project: a) b) Increase the use of existing neighborhood and regional parks or other recreational facilities causing physicar deterioration of the facility? Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Narrative Summary: XV. TRANSPORTATION/TRAFFIC-Would the project: [] [] [] G/ a) Cause an increase in traffic which is substantial in relation to the existing traffic Icad and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Exceed, either individually or cumulatively, a level of sen,ice standard established by the County congestion management agency for designated roads or highways? c) Result in a change in a~r traffic patterns, including el[her an increase in traffic levels or change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g,, sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ~ [] ~ bi./ e) Resedit ~r~ ~nadequate emergency access? El [] [] Et'/ ENVIRONMENTAL ISSUES (Attach explanation and information sources) g) Result in inadequate parking capacity? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Narrative Summary: Potentially Significant Impact Less Than Significant With Mitigation D Less Than Significant Impact D No impact XVI. UTILITIES AND SERVICE SYSTEMS-Would the p~oject: a) b) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) e) g) Have insufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Result in a determination by the wastewater treatment provider which serves or may serve the project that it has inadequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Comply with federal, state, and local statutes and regulations related to solid waste? h) Result in a need for new systems or supplies, or substantial alterations related to electricity? i) Result in a need for new systems or supplies, or substantial alterations related to natural gas? j) Result in a need for new systems or supplies, or substaniiai alterations related to telephone service? k) Result in a need for new systems or supplies, or substantial alterations related to television service/reception? Narrative Summary: MANDATORY F[NDIf~2S OF SIGNIFICANCE ENVIRONMENTAL ISSUES (Attach explanation and information sources) 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 or restrict the range of rare or endangered plants or animals, or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Narrative Summary: Less Than Less Thsn Potentially Significant Significant No Impact Significant With Impact Mitigation Impact Fish and Game Determination Based on the information above, there is no evidence that the project has a potential for a change that would adversely affect wildlife resources or the habitat upon which the wildlife depends. The presumption of adverse effect set forth in 14 CCR 753.5 (d) has been rebutted by substantial evidence. Yes (Certificate of Fee Exemption) __ No (Pay fee) ENVIRONMENTAL DETERMINATION Amendment No. 3 to the Redevelopment Plan for the River Valley Redevelopment Project is limited to changes necessary to ensure that the Redevelopment Plan is consistent with the City's General Plan, and does not effectuate any substantive changes to the Redevelopment Plan beyond this technical revision, there is no reasonable possibility that Amendment No. 3 will have a significant effect on the environment; therefore, no CEQA documentation is required. Pursuant to Section 15061 (b) (3) of the CEQA Guidelines, A Notice of Exemption will be prepared. .I1. EXHIBIT B AMENDMENT NO. 3 TO THE REDEVELOPMENT PLAN FOR THE RIVER VALLEY REDEVELOPMENT PROJECT The Redevelopment Plan (the "Redevelopment Plan") for the River Valley Redevelopment Project (the "Redevelopment Project"), which was adopted by the City Council of the City of Anaheim (the "City") on November 29, 1983 by Ordinance No. 4463, as amended by Ordinance No. 5091 duly adopted by the City on January 23, 1990, and by Ordinance No. 5467 duly adopted by the City on December 13, 1994, is hereby amended as of the effective date of this Amendment No. 3, in the following manner: Sections 501 through 504 of the Redevelopment Plan are hereby deleted, and replaced with the following text: "A. [§501] Map The City of Anaheim General Plan Land Use Map depicts the location of residential, commercial, industrial and public land uses within the Project Area, which are the land uses authorized by this Plan, as well as the major streets within the Project Area. The City Council of the City will from time to time update, amend, or revise the General Plan. It is the intention of this Redevelopment Plan that the land uses permitted within the Project Area shall be and are as provided in the City's General Plan, as it currently exists and/or as it may from time to time be amended, updated, or revised, and as implemented and applied by City ordinances, resolutions, policies, and other laws. Uses other than those designated in the General Plan and its land use map may be authorized by the City from time to time by General Plan amendments as authorized by law. B. [§502] Limitation on Authority To the extent the provisions of this Redevelopment Plan authorize the Agency or the City to permit property within the Project Area to be developed for uses which do not conform to the Redevelopment Plan, or to establish design guidelines and restrictions, such provisions and the authority of the Agency or City granted thereby are limited by the provisions of the City's General Plan, as it may be amended or revised from time to time. Nothing in this Redevelopment Plan shall be deemed to gant authority to either the Agency or the City to grant a variance from, or approve a development or use of property which does not conform with, or otherwise take any action not consistent with, the City's General Plan. C. [§5031 Reserved. D. [§504] Reserved." The fourth paragraph of Section 512 of the Redevelopment Plan shall be revised to delete the word "commercial" therefrom. Sections 514 and 515 of the Redevelopment Plan are hereby revised to read as follows: "3. [§514] Limitation on the Number of Buildings The approximate number of buildings in the Project Area shall be regulated by the General Plan. 4. [§515] Approximate Number of Dwelling Units General Plan." The number of dwelling units in the Project Area shall be regulated by the d. Section 517 of the Redevelopment Plan is hereby revised to read as follows: "6. [§517] Open Spaces, Landscaping, Light, Air and Privacy The approximate amount of open space to be provided in the Project Area is the total of all areas designated in the Land Use Element of the General Plan and those areas in the public rights-of-way, the public grounds, the space around buildings, and all other outdoor areas not permitted to be covered by buildings as established by the City General Plan and this Redevelopment Plan. Landscaping shall be developed in the Project Area to ensure optimum use of living plant material in conformance with City standards." e. All other provisions of the Redevelopment Plan shall remain in full force and effect as written as of the date of this Amendment. .-JO STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA2000-10 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 12th day of December 2000, by the following vote of the members thereof: AYES: CHAIRMAN/AGENCY: Feldhaus, Kring, Tait, McCracken, Daly NOES: CHAIRMAN/AGENCY: None ABSENT: CHAIRMAN/AGENCY: None REDEVELOPMENT AGENCY (SEAL)