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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 6582u/2621/11 --2-- 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 6582u/2621/11 --3-- 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