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ARA1991-19RESOLUTION NO. ARA91-19 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY 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 Agency 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 Initial 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 Anaheim Redevelopment Agency as follows: 1. The Agency 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 Agency hereby certifies that the information contained in the Initial Study and the Program EIR has been reviewed and considered by the members of the Agency. 3. The Agency 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 significant effects previously examined will be substantially more severe than shown in the Program EIR, or that any mitigation measures or alternatives previously found 6585u/2621/11 APPENDIX F INITIAL STUDY (Environmental Information and Checklist Form) I.. GENERAL INFORMATION . 2. Name and address, of Ag.ney: Anaheim Redevelopment Agency 200 South Anaheim Boulevard, Anaheim, CA 92805 Generally bounded by Lincoln Avenue, Clementine St., Oak St., Address of Project: Anaheim Boulevard, Broadway and Harbor Boulevard Assessor's Block and Lot Number 3~ e N~me, address, and telephone number of person to be contacted concerning this project: Michael L. Welch~ Senior Project Manac~er (714) 533-8750 Indicate number of the permit application (if any) for the development to which this form pertains: n/a Se List and describe any other 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. Existing 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. 2. Square footage. (See Attached Previously Certified Initial Study and Resolutions) 3. Number of floors of construction. 4. Amount of off-street parking provided. 5. Attach plans. 6. Proposed seheduling. 7. A~soeiated developments. 9~ Anticipated incremental development. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. Appendix F Page 1 of 9 Pages 10. 11. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area,.and loading facilities. ff industrial, indicate type, estimated employment Der shift, and loading facilities, 12. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the development. 13. If the developme, nt involves a variance, conditional use or rezoning application, state this and indicate clearly why the application is required. · ENVIRONMENTAL 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 hill.q, or substantial alteration of ground contour. x 2. Change in scenic views or vistas from existing residential areas or public lands or roads. x 3. Change in pattern, scale or character of general area of project or development. 4. Si.,omifieant amounts of solid waste or litter· x 5. Change in dust, ash, smoke,' fumes or odors in vicinity. x 6. Change in ocean, bay, lake, stream or gTound water quality or quantity, or alteration of existing drainage patterns. x 7. Substantial chang, e 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 sub~anees, flammables or explosives. x 10. Substantial ehange in demand for municipal services (police, fire, water, sewer, etc.). Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 12. Relationship to larger development or series of developments. Appendix F Page 2 of 9 Pages IV. ENVIRONMENTAL SETTING le Describe the .0rojeet or develo.oment site as it existed before, including information on topograph{/, soil stability, plants and animals, and any cultural. historical or se,hie 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 pro.merties, including information on plans and animals and any cultural, historical or scenic asp,ets. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment llouse, shops, department stores, etc.), and seal, development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots, or polaroid photos will be accepted. ENVLRO NMENTAL IM PACTS (Explanations of all "yes" and "maybe" answers are required on attached sheets.) le Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic structures? be Disruption, displacements, overcovering of the soil? compaction or YES MAYBE NO . Ce Change in top .o~raphg or ground surface relief features? de The destruction, covering or modification of any unique geologic or physical features? f. Any increase in wind or water erosion of soils, either on or off the site. 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? ge 'Exposure of people or property to geologic hazards such as earthquakes, landslides, mud- slides, ..ground failure, or similar hazards? .Air. Will the proposal result in: X x X· ae Substantial air emissions ambient air quality? or deterioration of Appendix F Page 3 of 9 P~ges YES MAYBE NO e b. The creation of objectionable odors? C~ Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? Water. Will the pro_Dosal result in.. a~ Changes in currents, or the course or direction of water rfiovements, in either marine or fresh waters? be Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? Alterations to the course or flow of flood waters? d~ Change in the amoUnt of surface water in any water body? . e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? ~ fe Alteration of the direction or rate of flow of ground water? Change in the quantity of ground waters, either through direct additions or withdrawals, or through interce.Dtion of an aquifer by cuts or excavations? h. F~bstantia/ reduction in the amount of water otherwise available for public water supplies? Kxposure of people or property to water related hazards such as flooding or tidal waves? Si=onifieant changes in the temperature, flow, or chemical content of surface thermal springs? Plant Life. Will the proposal result in: a, Change in the diversitv of species, or number of any species of plants (including trees, shrubs, .,ow_mss, crops, and aquatic plants)? Appendix F Page 4 of 9 Pages x X X X X X X X . . 0 Be . b, Reduction of the numbers of any unique, rare or endangered species of plants? Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of any agricultural crop? Animal Life. Will the proDosal result in: a. Change in the diversity of species, or numbers .of any species of animals (birds, land animals including reotiles, fish and shellfish, benthic organisms, or insects)? b, Reduction of the numbers of any unique, rare or endangered species of animals? Introduction of new ~peei~ of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: a. Increases in existing noise level~? b. Exposure of people to severe noise levels? Light and Glare. Will the proposal produce new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned use of an area? Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable natural resource? 10. Risk of Upset. Will the proposal involve: YES MAYBE NO X x x Appendix F Page 5 of 9 Pages A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, .oesticides, chemicals or radiation) in tile event of an accident or upset conditions? YES MAYBE NO X U. 12. 13. 14. be Possible interference with an emergency response plan or an emergency evacuation plan? Population. Will the proposal 'alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing, or create a demand for additional housing? Transportation[Circulation. Will the oroposal result in: Generation of substantial additional vehicular movement? be Effects on existing parking facilities, or demand for new parking? c. ~bstantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? re Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Public Services. 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? b. Police protection? e. Schools? d. Parks or other recreational facilities? x X X. X Appendix F Page 6 of 9 Puges YES MAYBE NO e~ Maintenance of Dublic facilities, including roads? f. Other govern:nental services? 15. Energy. Will the pro,oosal result in: 16. 17. 18. 19. 20. a. Use of substantial amounts of fuel or energy? b, Habstantial'increase in demand upon existing sources of energy, or require the development of new sources of energy? Utilities. Will the Dro~oosal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natuval gas? b~ Communieatiorm systems? e. Water? d. Sewer or septic tanks? e. Storm water drainage? f. .Solid waste and disoosal? ~ Hum.~n Health. Will the proposal result in: Creation of any health hazard or Dotential health hazard (excluding mental health)? b. ~xposure of people to potential health hazards? Aesthetics. Will the ..oroposal result in the obstruction of any scenic vista or view open to the public, or wtql the proposal result in the creation of an aesthetically offensive site open to public view? .Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunties? Cultural Resources. a, Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? x x x x x x Appendix F Page 7 of 9 Pages YES MAYBE NO Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? C, Does the pro.oosal have the potential to cause a physical change which would affect unique ethnic cultural values? do Will the proposal restrict existing reli.gious or sacred uses' within the potential impact area? 21. M~ndator.y Findings of Significance. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wQdlife 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? Does the project have the potential to achieve short-term, to the disadvantage of long term, environmental goals? (A short-term impact 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.) 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 si,gnifieant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 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. NQ 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 X VII, DETERMIN.ATION On the basis of this initial evaluation: I find the oroDosed action COULD NOT HAVE a significant effect on the environment, and a NEGATIVE DECLARATION will be .prepared. I find that although the prooosed action COULD HAVE a si.q~ificant effect on the environment, there WILL NOT BE a sig'nifieant 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 proposed action ~AY HAVE a si:.~nificant effect on the environment which will require imDortant revisions in the previous ErR because of new significant environmental impacts not considered or covered in the previous EIR. A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT will be prepared. I find that the 0roposed action ~.{AY HAVE a significant effect on the environment, but only minor additions or changes are necessary to make the previous EIR adequate. .& SUPPLEMENT TO ENVIRONMENTAL IMPACT REPORT will be prepared. I find that the prooosed action ?dAY HAVE a significant effect on the environment, but ordy minor technical changes or additions are necessary to make the previous Envi~nmental Impact Report adequate. An ADDENDUM TO ENVIRONMENTAL IMPACT REPORT will be prepared. 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 be prepared. ~lchael L. We±~h, 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 ab[li~, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: M~chael L. ~g~at~or Project Manager ADDendix F f~age 9 of 9 Pages 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 Anaheim Redevelopment Agency this 1st day of October , 1991. ANA ATTEST: SECRETARY ANAHEIM REDEVELOPMENT AGENCY 6585u/2621/11 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANA~RIM ) I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA91-19 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 1st day of October, 1991, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Pickler, Ehrle and Hunter NOES: AGENCY MEMBERS: Daly ABSENT: AGENCY MEMBERS: Simpson AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution No. ARA91-19 on the 2nd day of October, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 2nd day of October, 1991. SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL)