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RES-2022-126RESOLUTION NO. 2022-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE GENERAL PLAN OF THE CITY OF ANAHEIM (GENERAL PLAN AMENDMENT) (DEV2021-00123) (1200 — 1320 SOUTH ANAHEIM BOULEVARD, 200 E. BALL ROAD, AND 1207 S. CLAUDINA STREET) WHEREAS, the City Council of the City of Anaheim (the "City Council") did receive a verified petition for a General Plan Amendment, Reclassification, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19140 (collectively known as Development Application No. 2021-00123), to construct 223 residential units and 4,586 square feet of commercial space, with 15-percent of the units affordable to moderate income buyers, and a housing incentive to allow a reduced parking ratio (the "Proposed Project"), for that certain real property located at 1200 - 1320 South Anaheim Boulevard, 200 E. Ball Road, and 1207 S. Claudina 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"); and WHEREAS, the Property is approximately 8.3 acres in size and is located in the "C-G" General Commercial zone. The development standards and regulations of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of the Anaheim Municipal Code (the "Code") shall apply to the Proposed Project subject to approval of a Reclassification, now pending. The Property is designated on the Land Use Element of the General Plan for General Commercial land uses; and WHEREAS, the General Plan Amendment 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 Mid Density Residential" land use designation; and WHEREAS, the General Plan Amendment is proposed in conjunction with a request (i) for approval of a Reclassification to reclassify the property to apply the Mixed Use (MU) Overlay Zone; (ii) approval of a Conditional Use Permit to permit a 223-unit mixed -use project, (iii) approval of a Minor Conditional Use Permit to permit a coordinated sign program for the multi -tenant commercial component of the mixed -use project and the installation of murals that are visible from the public right-of-ways , and (iv) approval of Tentative Tract Map No. 19140 to permit a 1-lot, 223 unit residential subdivision of the Property for condominium purposes, and approval of a disposition and development agreement to provide the developer a vested right to develop the Proposed Project. The General Plan Amendment, Reclassification, Conditional Use Permit, Minor Conditional Use Permit, Tentative Tract Map No. 19140, and the disposition and development agreement 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 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 Procedure Manual 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 August 11, 2022, 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; at the Anaheim Public Library, Central Library at 500 West Broadway, 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, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on October 10, 2022, 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, 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 No. PC2022- 085 and No. PC2022-086 and recommended that the City Council approve and adopt a General Plan Amendment, contingent upon and subject to the adoption by the City Council of (1) a resolution approving Tentative Tract Map No. 19140; (2) an ordinance approving and adopting a Reclassification; (3) resolution approving Conditional Use Permit; and (4) a resolution approving Minor Conditional Use Permit; WHEREAS, upon receipt of the Planning Commission's recommendation, a summary of evidence and a report of the findings and recommendations of the Planning Commission, the City Council did fix the 1' day of November, 2022, 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 -2- 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 the proposed General Plan Amendment maintains the internal consistency of the General Plan, as the proposed modifications to the General Plan are consistent with Goals 2.1, 3.1, 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 pursue land uses along major corridors that enhance the City's image and stimulate appropriate development at strategic locations, to address the City's diverse housing needs, to promote development that integrates with and minimizes impacts to surrounding land uses, to enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development, to address the jobs -housing relationship by developing housing near job centers and transportation facilities and to establish and maintain a uniquely identifiable well-balanced community that is an attractive and safe place to live, work, visit, learn and retire, supported by quality, family oriented neighborhoods and businesses. 2. That the proposed General Plan Amendment 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 development the vicinity of the project. 3. That the proposed General Plan Amendment 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 the proposed General Plan Amendment 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. NOW THEREFORE BE IT RESOLVED that, based upon the aforesaid findings and determinations, the City Council of the City of Anaheim does hereby approve and adopt a General Plan Amendment in the form attached hereto as Exhibit B. W911 THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this 1" day of November, 2022, by the following roll call vote: Mayor Pro Tem O'Neil and Council Members Diaz, AYES: Ma'ae and Faessel NOES: Council Members Moreno and Valencia ABSENT: None ABSTAIN: None [Mayoral vacancy) CITY OF ANAHEIM MA OR PRO TEM OF THE ANAHEIM ATTEST: CITY C ERK OF THE CITY OF ANAHEIM -4- EXHIBIT "A" DEV NO.2021-00123 E BALL RD o so ioo Fee[ Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. EXHIBIT "B" General Plan Amendment DEV2021-00123 I HILL PL iiw A Existing General Plan Land Use Designation: General Commercial 08246131 1` 0824B125 1 08246123 ti y y TILL AVE R' 08246124 nr t.ra 08246136 08246134 HILL PL N ; A Proposed General Plan Land Use Designation: Mix -Use Mid Residential Subject Site - General Commercial Mixed -Use Mid Industrial Low Density �_ Open Space Medium 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. 2022-126 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 11 day of November, 2022 by the following vote of the members thereof: AYES: Mayor Pro Tem O'Neil and Council Members Diaz, Ma'ae, and Faessel NOES: Council Members Moreno and Valencia ABSTAIN: None ABSENT: None [Mayoral vacancy] IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of November, 2022. CITY CLIERK OF THE CITY OF ANAHEIM (SEAL)