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