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RES-2021-020 RESOLUTION NO. 2021-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE GENERAL PLAN OF THE CITY OF ANAHEIM (GENERAL PLAN AMENDMENT NO. 2016-00510) (DEV2016-00074) (3175 WEST BALL ROAD) WHEREAS, City of Anaheim did receive a verified petition for an amendment to the Land Use Element of the General Plan("General Plan Amendment No. 2016-00510") for that certain real property generally located at the northeast corner of Ball Road and Western Avenue and commonly referred to as 3175 West Ball Road 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 am 11-unit apartment building; and WHEREAS, the Property is approximately 0.36 acres in size and is located in the "C-G" General Commercial Zone and the regulations contained in Chapter 18.06(Multiple Family Residential Zones) of the Anaheim Municipal Code(the "Code") shall apply pursuant to approval of Reclassification No. 2016-00297, now pending. The Property is designated on the Land Use Element of the General Plan for "General Commercial" land uses; and WHEREAS,General Plan Amendment No.2016-00510 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 "General Commercial" to "Medium Density Residential" land uses; and WHEREAS,General Plan Amendment No.2016-00510 is proposed in conjunction with a request for(i) approval of Reclassification No. 2016-00297 to reclassify the property from the "C-G" General Commercial Zone to the "RM-4" Multiple-Family Residential Zone; and (ii) approval of an Administrative Adjustment to permit an 11-unit apartment building with reduced setbacks, which is designated as "Administrative Adjustment No. 2020-00444". General Plan Amendment No. 2016-00510, Reclassification No. 2016-00297, and Administrative Adjustment No. 2020-00444, 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 Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, a draft Mitigated Negative Declaration was prepared in accordance with CEQA,the CEQA Guidelines and the City's Local CEQA Procedures 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 July 9, 2020, and was also made available for review on the City's website at www.anaheim.net. A complete copy of the Mitigated Negative Declaration is on file and can be viewed in the Planning and Building Department of the City located on the First Floor of City Hall at 200 South Anaheim Boulevard,Anaheim,California. Copies of said document were also available for purchase; 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, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20. (superseding the Brown Act-related provisions of Executive Order N-25-20 issued on March 12,2020),which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body; and WHEREAS, pursuant to Executive Order N-29-20 the City Council did hold a teleconferencing public hearing at the Civic Center in the City of Anaheim on March 9, 2021 at 5:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission did hold a teleconferencing public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on August 31, and October 12, 2020, and continued the item without discussion; the Planning Commission did hold a teleconferencing public hearing at the Civic Center in the City of Anaheim on January 20, 2021 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 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, 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 2021-004 recommending that the City Council approve and adopt General Plan Amendment No. 2016- 00510, 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 Reclassification No. 2016-00297; and, (2) resolution approving Administrative Adjustment No. 2020-00444; and WHEREAS, upon receipt of Planning Commission Resolution Nos. PC2021-003, PC2021-004, PC2021-005, and PC2020-006, a summary of evidence and a report of the findings and recommendations of the Planning Commission, the City Council did fix the 9th day of March, 2021, 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. 2016-00510 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, to promote development that integrates with and minimizes impacts to surrounding neighborhoods, and to enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development. 2. That proposed General Plan Amendment No. 2016-00510 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 that would be compatible with the existing residential and commercial land uses within the vicinity of the project. 3. That proposed General Plan Amendment No. 2016-00510 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. 4. That the Property to be re-designated by proposed General Plan Amendment No. 2016-00510 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 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 negate 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. BE IT FURTHER RESOLVED that, based upon the aforesaid findings and determinations, the City Council of the City of Anaheim does hereby approve and adopt General Plan Amendment No. 2016-00510 in the form attached hereto as Exhibit B. THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this 9 day of March , 2021,by the following roll call vote: AYES:Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Valencia, and O'Neil NOES:None ABSENT:None ABSTAIN: Council Member Moreno CI OF ANAHEIM Al ,1 I Li, i� Off 'H T C F Y OFANAHEIM ATTEST: -e,....iiimlo CITY CLERK A F THE CITY OF ANAHEIM EXHIBIT "A" DEV NO. 2016-00074 I ) l I J .__ '- t t t I APN: 079-882-34 TERANIMAR DR W DONOVAN RANCH life I - W GLEN HOLLY DR 125' N N 125' W BALL RD ii : — z mon L.,.., H _ v, W > cc iim N 0 o W RAVENSWOOD DR 0 3 W J m G - - a cc O0 COMM0 100 Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is+/-two to five feet. EXHIBIT "B" DEV2016-00074 General Plan Amendment No. 2016-00510 GLEN HOLLY DR > 07988234 BALL RD linetwomom • A Existing General Plan Land Use Designation: General Commercial GLEN HOLLY DR 07988234 BALL RD • A Proposed Genera Plan Land Use Designation: Medium Density Residential ni Subject Site - Medium Density Corridor Residential General Commercial Low Density 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. 2021-020 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9' day of March, 2021 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Valencia and O'Neil NOES: None ABSENT: None ABSTAIN: Council Member Moreno IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of March, 2021. CITY ERK OF THE CITY OF ANAHEIM (SEAL)