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83R-435 RESOLUTION NO. 83R-435 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR REDEVELOPMENT PROJECT ALP~A PERTAINING TO PARCELS 8 AND 9; MAKING CERTAIN FINDINGS REGARDING THE ENVIRONMENTAL IMPACTS OF THE PROPOSED DISPOSITION AND DEVELOPMENT OF SUCH PARCELS; AND ADOPTING A ST A TEMENT OF OVERRIDING CONSIDERATIONS WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is engaged in activities necessary to carry out and implement the Redevelopment Plan for Redevelopment Project Alpha; and WHEREAS, as the public entity responsible for carrying out the Redevelopment Plan, the Agency has previously prepared and certified for the Redevelopment Project the following environmental documents: 1. The Final Environmental Impact Report (the "EIR") for Redevelopment Project Alpha certified by the City Council of the City of Anaheim on July 13, 1973, submitted as part of the Report to City Council by the Agency at the time the Project was initially adopted. 2. The Subsequent Final Environmental Impact Report (the "SEIR") for Redevelopment Project Alpha certified by the Agency on November 23, 1976 by Resolution No. ARA-76-38, submitted as part of the Report to City Council by the Agency at the time the Second Amendment to the Redevelopment Plan was adopted. 3. The Supplemental Environmental Impact Report regarding the proposed acquisition and clearance of certain property within Parcel 10, certified by the Agency on September 6, 1983 by Resolution No. ARA 83-35. WHEREAS, as part of its activities to implement the Redevelopment Plan, the Agency proposes to enter into a Disposition and Development Agreement with Meyer Investment Properties, Inc. for redevelopment of Parcels 8 and 9 located in the downtown area of Redevelopment Project Alpha; and WHEREAS, the Agency has caused to be prepared a Final Subsequent Environmental Impact Report (the "FSEIR") for the proposed Disposition and Development Agreement for Parcels 8 and 9 to assess and consider environmental impacts not previously studied; and WHEREAS, a Draft Subsequent Environmental Impact Report (the "DSEIR") was prepared and circulated pursuant to the California Environmental Quality Act of 1970 (CEQA), as amended, and State and local regulations and guidelines adopted pursuant thereto; and WHEREAS, a duly noticed joint public hearing was held by the Agency and the City Council on October 11, 1983, at which time all interested persons were given an opportunity to comment upon the DSEIR; and -1- "'."'_' '.p~~_~_.,,~',.;'" -v- WHEREAS, the FSEIR pertaining to Parcels 8 and 9, including responses to the concerns raised at the public hearing and during the public review period, has been prepared pursuant to said statute, regulations, and guidelines; and WHEREAS, the EIR $S updated by the SEIR and the FSEIR constitute the environmental impact report for Redevelopment Project Alpha with respect to Parcels 8 and 9; and WHEREAS, pursuant to Section 21090 of the California Public Resources Code, all public and private activities or undertakings pursuant to or in furtherance of a redevelopment plan shall be deemed a single project for the purposes of CEQA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The City Council of the City of Anaheim hereby certifies that the FSEIR pertaining to the disposition and development of Parcels 8 and 9 has been prepared and completed pursuant to the California Environmental Quality Act of 1970 (CEQA), as amended, and state and local regulations and guidelines adopted pursuant thereto. 2. The City Council hereby certifies that the information contained in the EIR, SEIR and FSEIR, including issues raised in comments to the DSEIR, have been reviewed and considered by ~embers of the City Council. 3. The City Counctb. hereby finds with respect to significant environmental effects of the project detailed in the FSEIR: (a) That based upon the information and findings of the FSEIR, the City Council hereby finds and determines that changes and alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as ipentified in the FSEIR, as described in Section I of Attachment A, which is attached hereto and incorporated herein by this reference. (b) That any significant environmental impacts identified in the FSEIR which cannot be avoided or substantially lessened if the project is implemented, are outweighed and overridden by the beneficial effects of the project, as described in Section IT of Attachment A, and are therefore found to be acceptable. 4. The City Council hereby authorizes and directs the filing of a Notice of Determination with respect to the FSEIR pertaining to the proposed project for Parcels 8 and 9 and the determination of the Agency to execute and implement the Disposition and Development Agreement. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 8th day of NovenDer ~ ~ ~ IfrAY OF THE CITY OF ANAHEIM ATTEST: ~~HEIM 135/6-5 -2- _,__.~c"'_"'_.,..,___,_;.,.._ ._ .. ATTACHMENT A I. The following findings specify changes which have been incorporated into the project, or which are manciited by state or federal law or regulation, or which the Agency will make so as to avoid or substantially lessen certain potentially significant environmental impacts; and specify other measures which are within the jurisdiction of other public agencies. A. With respect to land use and zoning: 1. Changes or alterations which have been incorporated into the project which avoid or substantially lessen certain potentially significant environmental impacts are as follows: a. Should project include residential use, Agency will apply for a General Plan Amendment and will initiate a Redevelopment Plan Amendment. b. The Agency and/or developer, as appropriate, will apply for appropriate zoning changes, variances, conditional use permits, or other zoning approvals. Other significant means of avoiding or lessening the impact of the project on surrounding land uses which are within the jurisdiction of other public agencies are as follows: a. Amendment of land use element of General Plan for City of Anaheim to control future development and intensity of existing residential uses in adjoining areas. B. With respect to transportation and traffic circulation: 1. Changes or alterations which have been incorporated into the project, or which will be incorporated into the project through the plan approval process, so as to avoid or lessen certain potentially significant environmental impacts are as follows: a. Limit access to Lincoln Avenue to Helena Street and Clementine Street. intersection. b. Limit access to Harbor Boulevard at Chestnut Street c. Access to Broadway shall be limited to two or three driveways located away from Harbor Boulevard intersection. · d. Lemon Street shall be maintained as a public street from Chestnut Street to Broadway, or abandoned. Attachment A Page 1 of 4 '_."._......"'"".....'"""_0'""_..., e. Four-way stop sign or other traffic control device should be installed at Clementine/Chestnut intersection. f. Access and egress to residential areas should be only from Chestnut Street, Lemon Street, Clementine Street or Oak Street. g. flextime programs. Encourage tenants to implement staggered work hours and C. With respect to air quality: 1. Changes or alterations which have been incorporated into the project, or which will be incorporated into the project, or which are mandated by state, local, or federal law or regulation, which will avoid or lessen certain potentially significant environmental impacts are as follows: a. Comply with South Coast Air Quality Management District Rule 403 regarding reduction of mobile air emissions during air pollution episodes, when required. b. Incorporate energy conservation measures which meet or exceed the requirements of title 24 of the California Administrative Code. c. Implement traffic mitigation measures to improve traffic flow and encourage the use of transit and rideshare programs. D. With respect to noise: 1. Changes or alterations which have been incorporated into the project, or which will be incorporated into the project, or which are mandated by local, state, or federal law or regulation, which will avoid or lessen certain potentially significant environmental impacts are a$ follows: daytime hours. a. To the extent practical, limit noise producing construction to b. extent practical. Muffle or shield construction equipment acoustically, to the E. With respect to historic resources: 1. Changes or alterations which have been or which will be incorporated into the project, which will avoid or lessen certain potentially significant environmental impacts are as follows: a. The Agency will market the Benner home for removal to another site for preservation purposes. b. The Agency will compile a complete photographic record of those structures identified as of historical value and which are demolished. Attachment A Page 2 of 4 ",_~",'__.~'rif F. With respect to socioeconomics: 1. Changes or alterations which have been, or which will be incorporated into the project, or which are mandated by state or federal law, which will avoid or lessen certain potentially significant environmental impacts are as follows: a. The agency will provide compensation and assistance for relocation of residents and businesses displaced by the project, all in compliance with the requirements of Califo~nia Community Redevelopment Law and adopted Agency Relocation Rules and Regulations. b. The Agency will remove structures from the site as soon as they become vacant and it is feasible to do so. G. With respect to public services and utilities: 1. Changes or alterations which have been incorporated into the project, or which are mandated by local, state or federal law or regulation, which will avoid certain potentially significant environmental impacts are as follows: a. Provide adequate lighting and staffing in parking areas. b. InstaU automatic sprinklers in all high-rise buildings. Provide for 5,000 gallon per minute water flows at hydrant. c. Implement State of California mandated water conservation measures. d. Implement State of California mandated water conservation measures to reduce waste water generation. e. Construct all structures to the standards set forth by Title 24 of the California Adminstrative Code. f. Consult with Southern California Gas Company review recent developments in energy saving design systems. g. Construct all on-site improvements at developer's expense. H. With respect to aesthetics: 1. Changes or alterations which have been incorporated into the project which will avoid or lessen certain potentially significant environmental impacts are as follows: a. Developer shall submit all project plans to the Agency to ensure architectural quality and consistency with Redevelopment Project area. b. The Agency will compile and preserve a complete photographic record of the Church of His Holy Presence. Attachment A Page 3 of 4 ---~~-"'~-'>-'._.-_..,,- - c. The Developer shall provide certain public amenities, including artwork and streetscape improvements designed to assure a superior aesthetic environment. II. The following findings describe the beneficial effects of the project which outweigh and override any environmental impacts which cannot be fully mitigated: A. The project provides substantial public benefits, including: 1. from the site. The proposed project would remove unsightly and undesirable uses 2. The integrated nature of the development which includes creating a pedestrian element is an important factor in downtown development and implementation of the Redevelopment Plan. 3. The propo$ed public amenities program will provide a specific opportunity for art and artistic attractions to be incorporated in the proposed development. 4. The project will result in significant new tax benefits to the City of Anaheim, the Redevelopment Agency, the County of Orange, the State of California and the federal government. Such taxes will include, real property taxes, sales taxes, transient occupancy taxes, and payroll taxes. 5. The proposed project will create numerous new construction jObs and as many as 3,000 permanent jobs. 6. The proposed development is expected to enhance continued redevelopment in the downtown area of Anaheim through a substantial contribution to the general downtown economic base and specifically to contribute to the Redevelopment Project's tax increment. 7. The proposed development is also expected to provide a potentially significant catalytic effect on continued implementation of the Redevelopment Plan. 8. The integration of mixed uses throughout the site will provide for the reduction of the overall number of vehicle trips and parking demand generated at the site. 9. The proposed density of the project reduces the necessity for land consumption in suburban areas to accommodate population growth and is more energy efficient than lower density development. 10. The project will have an overall positive impact on the environment in removing blighted conditions on the site, and by creating a mixed use development which is considered benefici&l to the public health, safety and welfare of the citizens of the City of Anaheim. III. The following evidence is incorporated herein by this reference and serves as further support for the findings herein: all maps, exhibits, written documents, materials contained in the file regarding this project on record in the City of Anaheim and the Anaheim Redevelopment Agency, the written documents referred to herein and the oral presentations given. Attachment A Page 4 of 4 --'''"._-~-''''''''-'''-'''''''''''''-"'-''-''''-