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Resolution-PC 2020-041WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section Government Code of the State of California (herein referred to as the “Statute”) authorizes a city to enter into a contract which is called a development agreement in order to WHEREAS, the City Council of the City of Anaheim (herein referred to as the “City Council”), as a charter city, enacted Ordinance No. 4377 on November 23, 1982 (herein referred WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City Council Planning a Development Agreement (“Development 1122 North Anaheim , as generally depicted on (the "Property"), is proposed in conjunction with a to apply the “MU” (ii) Conditional Use residential units with modified , and the Project shall be referred to herein acres in size. The project site is located in land uses by the General Plan. The ) of the 565 on November 23, 1982 (herein referred to as the “Procedures ideration of development (the - 041 269 2019 - development consisting of and a parking structure 20 lopment; and , Conditional Use Permit No. PC20 Use Overlay Zone of the City of Anaheim (the " BY AND BETWEEN OF THE CITY . OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF , LLC THE CITY OF ANAHEIM APPROVE AND ADOPT PROPOSED , foot leasing office and a parking structure 269 and incorporated herein by this reference ; and establish with certainty what regulations will govern the construction of a deve RENAISSANCE CITY NORTH and to reclassify the property development consisting of Statute; and the "Code") shall apply to the Proposed Project located at , County of Orange, State of California ; ) TION OF THE PLANNING COMMISSION Resolution”), establishing procedures and requirements for cons “I” Industrial Base Zone - OULEVARD foot leasing office ixed agreements by the City upon receipt of an application therefor; and a residential 041 00003 to as the “Enabling Ordinance”), making the City subject to the M 00003 ( y - for that certain real propert Use High 20 Chapter 18.32 00324 PC20) - - 00087 2020 2020 1122 NORTH ANAHEIM B 4.5 construct - RESOLUTION NO. - DEVELOPMENT AGREEMENT NO. 2019 for the Property is approximately Development Agreement No. - 00003 Mixed - - Planning Commission DEV2019 a 1,600 square 1 00324 residential petition Reclassification No. THE CITY OF ANAHEIM AND - - zone, and is designated for isting development standards and regulations of for the purpose of allowing the applicant to 2020 - collectively as the "Proposed Project"; and 2019 ( verified Development Agreement No. Use Overlay Zone over the ex a (i) Reclassification No. bit A - to permit ) with square in the City of AnaheimExhi , did receive a ) - 00003 s adopted Resolution No. 82R residential units (apartment Anaheim Municipal Code ( ( a 1,600 the map attached hereto as WHEREAS, the . 06040 A RESOLU standards - 2020 WHEREAS, WHEREAS, ) with - Industrial Agreement No. 2019 ; and ") 65864) of the development Commission Permit No. s for (apartment “Project”) Boulevard , ” - request Mixed 06040 I the “ , 2020, and was also made blic meetings WHEREAS, pursuant to and in accordance with the provisions of the California herein referred to as A”), 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 in conformance with CEQA, the CEQA Guidelines and the City's Local Mitigated Negative Declaration was prepared to evaluate the The Mitigated Negative Declaration was WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration 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 roposed 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 19. On March 17, 2020, Governor Newsom issued via teleconferencing and to make public meetings accessible telephonically or otherwise s the local legislative the Planning Commission did hold a , 2020 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the to hear and consider evidence for 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 is proposed to provide for the for the term of the Development the developer would provide funding for City’s affordable housing CEQA the City is the "lead agency" for the preparation and consideration of n March 4, 2020, Governor Newsom proclaimed a State of Emergency in Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that - 041 related provisions of Executive Order N - on the City's website at www.anaheim.net; and PC2020 of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local 20 issued on March 12, 2020), which allows a local legislative body to hold pu to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) those "); and et seq.; electronically to all members of the public seeking to observe and to addres 73 28 August 6 rein referred to as "MMP No. 3 September Environmental Quality Act (Public Resources Code Section 21000 certain vested development rights 00003 day public/responsible agency review on 0 - public hearing in the City of Anaheim on Procedures) of the Code, 2 physical environmental impacts of the Proposed Project. 2020 - - - 29 environmental documents for the Proposed Project; and20 (superseding the Brown Act 2 - Development Agreement No. - pursuant to Executive Order N at Anaheim City Hall and - over resources that will be affected by the P a as a result of the threat of COVID are specific to the Proposed Project (he CEQA Procedure Manual, a draft Project and provisions of Chapter 18.60 ( Agreement, and in return therewith; and - CEQA Guidelines; and 29 WHEREAS, o WHEREAS, WHEREAS, WHEREAS, ble for review development of the - Procedure Manual, - 0Executive Order N teleconferencing rculated for a 3 programs; and connection body; and Californi availa “CEQ - 25 ci after due consideration, inspection, investigation with find and determine the General is compatible with the uses regulations prescribed for, the applicable zoning district(s) in which the is not otherwise detrimental to to the City’s present exercise of the City’s police power and authority under, is entered into pursuant to, and is in constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the mony 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 xpressly declares that it considered all evidence presented and reached these findings after due consideration of all that, based upon the aforesaid findings and does hereby recommend that the City Council approve , in the form presented at this meeting, contingent upon Conditional Use Permit Plan associated with Conditional Use Permit e proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Should any such condition, or any part thereof, be declared invalid or unenforceable by ompetent jurisdiction, then this Resolution, and any approvals is compatible with the orderly harter powers, the requirements of Section 65867 of California determines that the evidence in the record 041 ; , now pending in - : now pending; (2) the mitigation measures set forth in Mitigation Monitoring that is PC2020 standards and requirements set forth and study made by itself, and based upon, all evidence and reports offered at said hearing constitutes a lawful, is consistent with the and with the goals, policies, programs and objectives specified in the General Plan; 1982, as it will provide funding on November 23, 00324 further which are hereby found to be a necessary prerequisite to th - e 2019 and Planning Commission hereby , upon adoption of Reclassification No. 00003 00324 00003 00003 00003 00003 , does Council - - - 2020 - 2019 2020 - - 2020 2020 2020 (3) the conditions of approval the health and safety of the citizens of the City of Anaheim 2. The proposed Development Agreement No. 00003 Reclassification No. 5. The proposed Development Agreement No. of the - ment Agreement No. 3. The proposed Development Agreement No. 4. The proposed Development Agreement No. 3 by the City , and - - the findings made in this Resolution. The BE IT FURTHER RESOLVED 2020 development of property in the surrounding area; all Government Code and the Procedures Resolution Planning Commission herein contained, shall be deemed null and void. Planning Commission, meets respect to the Development Agreement No. adopted n 00003 the Planning Commissio Development Agreement - the final judgment of any court of c 2020 which was and subject to the approval of (1) ; and 1. The proposed Develop compliance with the City’s c Development Agreement No. affordable housing programs Project is and will be located for the Project; and WHEREAS, the WHEREAS, the evidence presented to it. Procedures Resolution, authorized in, and the record, including testi , , determinations, 06040 06040 NOW, proposed - - 2019 2019 373 negate Plan that No. No. No. 041 - PC2020 - 5 -