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RES-2020-061RESOLUTION NO. 2020-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE GENERAL PLAN OF THE CITY OF ANAHEIM (GENERAL PLAN AMENDMENT NO. 2018-00523) (DEV2017-00128) (1600 WEST LINCOLN AVENUE) WHEREAS, the City Council of the City of Anaheim (the "City Council ") did receive a verified petition for an amendment to the Land Use Element of the General Plan ("General Plan Amendment No. 2018-00523") for that certain real property located at the southwest corner of Lincoln Avenue and Loara Street and commonly referred to as 1600 West Lincoln Avenue 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 mixed-use development consisting of 315 residential units (apartment) with 2,031 square -foot leasing office, 3,413 square -foot retail space and a parking structure; and WHEREAS, the Property is approximately 5.25 acres in size. The project site is located in the "C -G" General Commercial zone, and is designated for General Commercial land uses by. the General Plan. The development standards and regulations of Chapter 18.32 (Mixed -Use Overlay Zone) of the Anaheim Municipal Code (the "Code") apply to the Proposed Project; and WHEREAS, General Plan Amendment No. 2018-00523 proposes to amend "Figure LU -4: Land Use Plan" of the Land Use Element of the Anaheim General Plan to re -designate the Property from the "General Commercial" to the "Mixed -Use High" land use designation; and WHEREAS, General Plan Amendment No. 2018-00523 is proposed in conjunction with a request for (i) approval of Reclassification No. 2018-00316 to reclassify the property to add the "MU" Mixed -Use Overlay Zone to the existing "C -G" General Commercial Base Zone; (ii) approval of a Conditional Use Permit No. 2018-05979 to permit a mixed-use development consisting of 315 residential units (apartment) with 2,031 square -foot leasing office, 3,413 square - foot retail space and a parking structure, with modified development standards; and (iii) approval of a Development Agreement No. 2019-00001 to provide the Developer a vested right to develop the Project in accordance with General Plan Amendment No. 2018-00523, Reclassification No. 2018-00316 and Conditional Use Permit No. 2018-05979 for the term of the Development Agreement, and in return the developer would provide funding for City's affordable housing programs and projects. General Plan Amendment No. 2018-00523, Reclassification No. 2018- 00316, Conditional Use Permit No. 2018-05979, Development Agreement No. 2019-00001, 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, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration was prepared to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 20 -day public/responsible agency review on March 26, 2020, and was also made available for review on the City's website at www.anaheim.net. On March 16, 2020, the Anaheim City Council approved a resolution proclaiming the existence of a local emergency regarding Novel Coronavirus (COVID-19), and in conjunction with this action closed the City Hall and the Public Libraries to public access. Therefore the IS/MND was not available in these locations, but was made available for purchase; 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 that are specific to the Proposed Project (herein referred to as "MMP No. 366"); and WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) those individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the CEQA Guidelines; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on April 27, 2020, 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 Mitigated Negative Declaration 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 its motion, but prior in time to, the adoption of its Resolution No. PC2020- 017 and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, the Planning Commission found and determined 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. 366, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 366; and 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 PC2020-17, and recommended that the City Council approve and adopt General Plan Amendment No. 2018-00523, in the form presented at the meeting at which this Resolution is adopted and incorporated herein -2- by this reference, contingent upon and subject to the adoption by the City Council of (1) a resolution approving Conditional Use Permit No. 2018-05979; (2) an ordinance approving and adopting Reclassification No. 2018-00316; and, (3) an ordinance approving Development Agreement No. 2019-00001; and WHEREAS, upon receipt of the Planning Commission's recommendation, the City Council did fix the 9th day of June, 2020, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and the Mitigated Negative Declaration and for the purpose of considering evidence for and against the Proposed Project and the Mitigated Negative Declaration, 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, and based upon, all evidence and reports offered at said hearing, does hereby find and determine as follows: 1. That proposed General Plan Amendment No. 2018-00523 maintains the internal consistency of the General Plan, as the proposed modifications to the General Plan are consistent with Goals 2. 1,3.1, 3.2, 4.1, 6. 1, and 7.1 of the Land Use Element of the General Plan to continue to provide a variety of quality housing opportunities to address the City's diverse housing needs, to pursue land uses along major corridors that enhance the City's image and stimulate appropriate development at strategic locations, to maximize development opportunities along transportation routes, to promote development that integrates with and minimizes impacts to surrounding neighborhoods, to enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development, and to address the jobs -housing relationship by development housing near job centers and transportation facilities; 2. That proposed General Plan Amendment No. 2018-00523 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 and commercial development opportunities that would be compatible with the existing commercial and multi- family residential uses within the vicinity of the project; 3. That proposed General Plan Amendment No. 2018-00523 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 compatible with and complementary to these surrounding land uses to the east, west, north and south; 4. That the Property to be re -designated by proposed General Plan Amendment No. 2018-00523 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 complement the surrounding land uses; 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 Resolution, that the -3- 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 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, based upon the aforesaid findings and determinations, the City. Council of the City of Anaheim approve and adopt General Plan Amendment No. 2018-00523 in the form attached hereto as Exhibit B. THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this 9 th day of June , 2020, by the following roll call vote: AYES:Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring, and O'Neil NOES:Council Member Moreno ABSENT: None ABSTAIN: None ANAHEIM ATTEST: CITY CLERK M T E CITY OF ANAHEIM 137938 ANAHEIM EXHIBIT "A" DEV NO. 2017-00128 APN : 250-091-10 M Ma�ckrsr 250-091-09 fR cr 250-091-11 a ac d O 2 W W LINCOLN AVE W LINCOLN AVE a»' m � 9e' W EMBASSY ST b Q ac Q O J N 2Du W PAMPAS LN W MABLE ST /t v Source Recorded Iraq Meps srbr City G15 * feet. Please note the sccuracy is +1- two to live -5- EXHIBIT "B" DEV2017-00128 General Plan Amendment No. 2018-00523 Existing General Plan Land Use Designation: General Commercial /00 / 00 j M j j Proposed General Plan Land Use Designation: Mixed -Use High Subject Site Mixed -Use High : General Commercial Railroad Medium Density Industrial School -6- CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2020-061 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9th day of June, 2020 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring and O'Neil NOES: Council Member Moreno ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of June, 2020. CITY CL RK OF THE CITY OF ANAHEIM (SEAL)