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RES-2017-148RESOLUTION NO. 2017-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE GENERAL PLAN OF THE CITY OF ANAHEIM AND MAKING FINDINGS IN CONNECTION THEREWITH AND DETERMINING THAT AN ADDENDUM TO THE PREVIOUSLY -CERTIFIED FINAL ENVIRONMENTAL REPORT NO. 330 AND SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 346 IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION (GENERAL PLAN AMENDMENT NO. 2016-00512) (DEV2016-00138) (633-711 SOUTH EAST STREET) WHEREAS, the City of Anaheim did receive a verified petition for an amendment to the Land Use Element of the General Plan Amendment ("General Plan Amendment No. 2016-00512") for certain real property commonly known as 633-711 South East Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"), for the purpose of allowing the applicant to construct 42 attached, single-family residences; and WHEREAS, the Property is approximately 1.78 acres in size and is located in the "I" Industrial Zone. The Property is also located within the Residential Opportunity (RO) Overlay Zone, meaning that the regulations contained in Chapter 18.34 (Residential Opportunity (RO) Overlay Zone) of the Anaheim Municipal Code (the "Code") shall apply. The Property is designated on the Land Use Element of the General Plan for "Low -Medium Density Residential" uses; and WHEREAS, in May 2004, the City Council certified the General Plan and Zoning Code Update Program EIR No. 330 (EIR 330), which evaluated impacts associated with implementation of the Anaheim General Plan and Zoning Code Update and created a Mitigation Monitoring Program No. 122 to mitigate those impacts. The Property site was designated for Low -Medium Density Residential land use as a part of the update; and WHEREAS, in September 2013, the City Council certified Supplemental Environmental Impact Report No. 346 (SEIR 346) for the Anaheim Housing Opportunities Site Rezoning. The City approved Mitigation Monitoring Program No. 122A as part of SEIR 346. SEIR 346 supplemented EIR 330 in the areas of air quality, greenhouse gas emissions, noise, and transportation and traffic. The Rezoning implemented a key strategy of the City's 2006-2014 General Plan Housing Element by rezoning the properties identified as Housing Opportunities Sites in the Housing Element. The proposed rezoning of these approximately 166 sites allowed "by -right" housing development at these locations by applying one of two overlay zones to these properties: the Residential Opportunity (RO) Overlay Zone or the Mixed Use (MU) Overlay Zone. The Property was reclassified to the "RO" Overlay Zone as a part of the Rezoning Project; and WHEREAS, General Plan Amendment No. 2016-00512 proposes to amend "Figure LU -4: Land Use Plan" of the Land Use Element of the Anaheim General Plan to re- designate the Property designated as "Low -Medium Density Residential" to "Medium Density Residential" land uses; and WHEREAS, General Plan Amendment No. 2016-00512 is proposed in conjunction with a request (i) for approval of a conditional use permit to permit a 42 -unit, attached single family residential project with modified development standards, which is designated as "Conditional Use Permit No. 2016-05902", and (ii) for approval of a tentative tract map to permit a 1 -lot, 42 unit attached single-family residential subdivision of the Property for condominium purposes, which is designated as "Tentative Tract Map No. 18088". General Plan Amendment No. 2016-00512, Conditional Use Permit No. 2016-05902, Tentative Tract Map No. 18088, and the Project shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, a draft Addendum to the previously -certified EIR 330 and SEIR 346 has been prepared to evaluate the environmental impacts of the Proposed Project and to identify necessary mitigation; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures from EIR 330 and SEIR 346 that are specific to the Proposed Project (herein referred to as "MMP No. 347"). A complete copy of MMP No. 347 is on file and can be viewed in the Planning Services Division of the City; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on August 7, 2017, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to consider the Addendum and to hear and consider evidence for and against the Proposed Project and related actions, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by adoption of its Resolution 2017-067, and pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, the Planning Commission found and determined and recommended that the City Council also find and determine that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 347 and that an Addendum was the appropriate environmental documentation for the Proposed Project; and V WHEREAS, after due inspection, investigation and study made by itself, and in its behalf, and after due consideration of, and based upon, all evidence and reports offered at said hearing relating to Proposed Project, the Planning Commission adopted Resolution 2017-067 recommending that the City Council approve and adopt General Plan Amendment No. 2016- 00512, in the form presented at the meeting at which this Resolution is adopted and incorporated herein by this reference, contingent upon and subject to the adoption by the City Council of (1) a resolution approving Tentative Tract Map No. 18088; and, (2) resolution approving Conditional Use Permit No. 2013-05902; and WHEREAS, upon receipt of Planning Commission Resolution Nos. PC2017-065, PC2017-067 and PC2017-0066, a summary of evidence and a report of the findings and recommendations of the Planning Commission, the City Council did fix the 17th day of October, 2017, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and for the purpose of considering evidence for and against the Proposed Project, and did give notice thereof in the manner and as provided by law; and WHEREAS, the City Council, after due consideration, inspection, investigation and study made by itself, and after due consideration of all evidence and reports offered at said hearing, does hereby find and determine as follows: 1. That proposed General Plan Amendment No. 2016-00512 maintains the internal consistency of the General Plan, as the proposed modifications to the General Plan are consistent with Goals 1.1, 2.1, 4.1 and 6.1 of the Land Use Element of the General Plan to preserve and enhance the quality and character of Anaheim's mosaic of unique neighborhoods, to continue to provide a variety of quality housing opportunities, to address the City's diverse housing needs, and to promote development that integrates with and minimizes impacts to surrounding neighborhoods. 2. That proposed General Plan Amendment No. 2016-00512 would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment to the Anaheim General Plan would result in residential development opportunities. 3. That proposed General Plan Amendment No. 2016-00512 would maintain the balance of land uses within the City because the proposed amendment would provide quality housing opportunities to address the City's diverse housing needs and would be consistent with the existing Low -Medium and Medium Density Residential designations for the neighboring properties to the north, south, and west. 4. That the Property to be re -designated by proposed General Plan Amendment No. 2016-00512 is physically suitable to accommodate the proposed modification, including but not limited to, access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses because the project is designed to integrate into the surrounding neighborhood. and; WHEREAS, the City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this 3 Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The City Council Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the City Council of the City of Anaheim, based upon a thorough review of the Proposed Project, the Addendum, EIR 330, SEIR 346, and the evidence received to date, does determine as follows: 1. That the Addendum was prepared in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual; 2. That, based upon the evidence submitted and as demonstrated by the analysis included in the Addendum, none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental environmental impact report or negative declaration have occurred; specifically: (a) There have not been any substantial changes in any of the entitlements that were analyzed in EIR 330 and SEIR 346 that require major revisions of EIR 330 or SEIR 346 because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) There have not been any substantial changes with respect to the circumstances under which the Proposed Project is undertaken that require major revisions of EIR 330 and 347 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (c) There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time EIR 330 and SEIR 347 were certified as complete and adopted, that shows any of the following: (i) The Proposed Project will have one or more significant effects not discussed in EIR 330 and SEIR 346; (ii) Significant effects previously examined will be substantially more severe than shown in EIR 330 and SEIR 346; (iii) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Proposed Project, but the proponents of the Proposed Project decline to adopt the mitigation measures or alternatives; or (iv) Mitigation measures or alternatives which are considerably different from those analyzed in EIR 330 and SEIR 346 would substantially reduce one or more significant effects on the environment, but the proponents of the Proposed Project decline to adopt the mitigation measures or alternatives. BE IT FURTHER RESOLVED that, pursuant to the above findings, the City Council determines that EIR 330 and SEIR 346, together with the Addendum, are adequate to serve as the required environmental documentation for the Proposed Project. BE IT FURTHER RESOLVED that the City Council has reviewed and considered MMP No. 347, which was prepared for the Proposed Project and includes mitigation measures from EIR 330 and SEIR 347 that are specific to the Proposed Project, and, in accordance with the requirements of CEQA, finds and determines that, with the imposition of identified mitigation measures, the Proposed Project will not result in any new significant impacts to the environment than previously disclosed in EIR 330 and SEIR 346. BE IT FURTHER RESOLVED that, based upon the aforesaid findings and determinations, the City Council of the City of Anaheim approves and adopts General Plan Amendment No. 2016-00512 in the form attached hereto as Exhibit B. THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this 17thday of October , 2017, by the following roll call vote: AYES: Mayor Tait and Council Members Murray, Moreno, Kring and Faessel NOES: Mayor Pro Tem Vanderbilt and Council Member Barnes ABSENT: None ABSTAIN: None ATTEST: ACTING CITY CLEAK OF THE CITY OF ANAHEIM 1243 83 v 1 /LHM Wi CITY OF ANAHEIM MAYOR OF THE CITY OFANAHEIM Exhibit A General Plan Amendment No. 2016-00512 Land Use Element - Figure LU -4: Land Use Plan Existing General Plan Land Use Designation: Residential -Low Medulm Proposed General Plan Land Use Designation: Residential - Medium 4249 O.A r' GRO'l f. too tri o .31 ub 052 ea a o-5 ow 3231133, yrs ctsv 51 m N, 0 S " ol 0 Ln 0 S Q57,31,16 nwo$6 1135 '44 t 4 Xa vom25 (1) 2 ifs LL 0 CY o M N G (1) 2 ifs LL 0 CY o CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No.2017-148 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 17th day of October, 2017 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Murray, Moreno, Kring and Faessel NOES: Mayor Pro Tem Vanderbilt and Council Member Barnes ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of October, 2017. ACTING CITY CLERK OF THE CITY OF ANAHEIM (SEAL)