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AHA-2024-003RESOLUTION NO. AHA-2024-003 A RESOLUTION OF THE GOVERNING BOARD OF THE ANAHEIM HOUSING AUTHORITY FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 831 S. BEACH BOULEVARD FOR PUBLIC PURPOSES WHEREAS, the Anaheim Housing Authority ("Authority") is a California housing authority duly organized and existing under the California Housing Authorities Law, Part 2 of Division 24, Section 34200, et seq., of the Health and Safety Code ("HAL"), and has been authorized to transact business and exercise the power of a California housing authority pursuant to action of the City Council of the City of Anaheim("City Council"); and WHEREAS, the City of Anaheim is a California charter city and municipal corporation ("City"); and WHEREAS, on May 21, 2024, the Authority opened a public hearing to receive and consider public testimony and other evidence regarding the Project including, without limitation, information provided to the Authority by persons holding an interest in the Property. WHEREAS, this Resolution is adopted based upon the entirety of the administrative record including, without limitation, the public comment presented at the May 21, 2024 regular Authority meeting, and the staff report submitted by the Housing and Community Development Department. WHEREAS, the Authority reviewed this Resolution's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations §§ 15000, et set., the "CEQA" Guidelines"), and the City's Environmental Guidelines. NOW, THEREFORE, THE GOVERNING BOARD OF THE ANAHEIM HOUSING AUTHORITY FINDS AND RESOLVES AS FOLLOWS: Section 1. The Authority finds and determines that the foregoing recitals are true and correct and are a substantive part of this Resolution. Section 2. The Authority, after consideration of the staff report, staff presentation, discussion, oral testimony and evidence presented at the May 21, 2024 meeting of the Authority, finds, determines and declares as follows: A. The public interest and necessity require an affordable housing project located along 821-837 S. Beach Boulevard consisting of the construction of 120 affordable rental units and 15 townhomes for sale ("Project"). B. The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. C. The taking of the real property located at 831 S. Beach Boulevard, Anaheim CA 92804, which is more particularly identified as Orange County Accessor's Parcel Number 079-164-13 and is legally described and depicted in the attached Exhibits "A" and `B" (the "Property"), is necessary for the Project. D. The taking of the Property is authorized by Article I, Section 19 of the California Constitution; Government Code §§ 37350.5, 40404(f); the Housing Authorities Law (commencing with Section 34200 of the Health and Safety Code) and Sections 34203, 34501, 34315, 34325 and 34312.3 thereto; Civil Procedure Code §§ §§1230.010, et. seq., and all other applicable law. E. The offer to purchase as required by Government Code section 7267.2 has been made to the owners of the Property. F. Notice of Public Hearing before the Authority was duly given and published in the time, form, and manner as required by Code of Civil Procedure section 1245.235. G. The Authority has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property. Section 3. Environmental Assessment. The City reviewed the environmental impacts of the proposed property acquisition pursuant to the California Environmental Quality Act (Public Resources Code § § 21000, et seq. "CEQA") and the regulations promulgated thereunder (14 Cal. Code of Regs. § § 15000, et seq., the "CEQA Guidelines"). CEQA Guideline § 15182 provides that where a public agency has prepared an EIR on a specific plan after January 1, 1980, a residential or mixed -use project in conformity to that specific plan is exempt from CEQA if the project meets the requirements of Section 15182 subdivisions (b) or (c). As described in the attached Exhibit "C" which is incorporated by reference, this activity satisfies the provisions of CEQA Guideline § 15182. Accordingly, this activity is not subject to further environmental review. Section 4. Notice of CEQA Determination. The Authority Secretary, or designee, is directed to file a Notice of Exemption in accordance with Pub. Res. Code §21152; 14 CCR §§ 15062, and any other applicable law. Section 5. General Plan Consistency. The location, purpose and extent of the acquisition of the Property conforms with the City's adopted General Plan as adopted by the Planning and Building Director which is attached as Exhibit "D" and incorporated by reference. Section 6. The Authority hereby declares that it is its intention to acquire the Property in the Authority's name in accordance with the provision of the laws of the State of California governing condemnation procedures. Section 7. The Authority further finds that if any portion of the area of the Property has been appropriated to some public use, the public uses to which it is to be applied by the City, as described above, are more necessary and paramount public uses, pursuant to Code of Civil Procedure section 1240.610 or, alternatively, will not unreasonably interfere with or impair the continuance of the public use as it then exists or may reasonably be expected to exist in the future, pursuant to Code of Civil Procedure section 1240.510. Section 8. The firm of Burke, Williams & Sorensen, LLP, under the direction of the City Attorney, is authorized and directed to prepare, institute and prosecute in the name of the Authority such proceedings in the proper Court having jurisdiction thereof as may be necessary for the acquisition of said Property, including the filing of an application for an Order for Possession prior to judgment. Section 9. Reliance On Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. The findings and determinations constitute the independent findings and determinations of the Authority in all respects and are fully and completely supported by substantial evidence in the record as a whole. Section 10. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. Section 11. This Resolution shall be effective upon adoption. Section 12. The Authority Secretary shall certify to the adoption of this Resolution. THE FOREGOING RESOLUTION is approved and adopted by the Anaheim Housing Authority this 21 st day of May , 2024, by the following vote: AYES: Chairperson Aitken and Authority Members Kurtz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSTAIN: Authority Member Diaz ABSENT: None jAaWJA"V� CHAIRPERS ANAHEIM HO SING AUTHORITY ATTEST: SE R T RY ANAHEIM HOUSING AUTHORITY ATTACHMENT(S): Exhibit A — Legal Description of the Property Exhibit B — Property Depiction Exhibit C — CEQA Determination Exhibit D — General Plan Conformity EXHIBIT A LEGAL DESCRIPTION The Land referred to herein below is situated in Anaheim, County of grange, State of California and is described as follows: THE SOUTH 96 FEET OF THE NORTH 481 FEET OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTH 96 FEET OF THE NORTH 481 FEET OF THE EAST 8 FEET OF THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED MARCH 5, 1951 IN BOOK 2153, PAGE 250 OF OFFICIAL RECORDS. APN 079-164-13 k 0 li EXHIBIT B GENERAL LOCATION OF THE PROPERTY -gal 9Z' gm o _ LdalD.l37v7L 7 caw AutAw si 'T - w; fli p1fl - — '- ia�A• ,I[i Y tw`a 4 4� w K 4. r�ry7 s !ti A6ag w N G I I rSv u 13731iLS !A!' P7lElCN �, c K I Iq Q4 IQ L_ W _ R A A Ms Lf�' ri _ 133�t8S AP'flMOW 'I � EXHIBIT C CEQA DETERMINATION City of Anaheim HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT To: Nick Taylor, Principal Planner From: Kevin Clausen, Community Investment Manager Date: March 11, 2024 RE: Utilization of CEQA Guidelines Section 15182(c) for Statutory Exemption for the Rainbow Inn Site (S. Beach Blvd) The Anaheim Housing Authority intends to begin eminent domain procedures for the Rainbow Inn located at 831 S. Beach Blvd. to combine it with the Anaheim Housing Authority's adjacent properties, the Anaheim Lodge located north of the subject property and Covered Wagon located on the south side of the subject property, to provide a viable affordable housing development site. The future project ("Project'') would include a new construction, mixed -income development on an approximately 2.72-acre site located at 821- 837 S. Beach Boulevard. Pursuant to State CEQA Guidelines Section 15182 (Projects Pursuant to a Specific Plan), where a public agency has prepared an EIR on a specific plan after January 1, 1980, a residential or mixed -use project in conformity to that specific plan is exempt from CEQA if the project meets the requirements of Section 15182 subdivisions (b) or (c). Residential projects covered by this section include but are not limited to land subdivisions, zoning changes, and residential planned unit developments. As a by -right, residential development located within the Beach Boulevard Specific Plan, staff is requesting that the Project be determined as eligible to receive this statutory exemption from CEQA under Section 15182(c). In accordance with Section 15182 subdivision (c), the Project should be exempt from further environmental review based on meeting the following criteria: 15182(c)(1) Residential Projects Implementing Specific Plans • Consistent)' with a specific plan for which an environmental impact report was certified On November 20, 2018, City Council approved the Beach Boulevard Specific Plan (BBSP) and certified the Final Environmental impact Report No. 2017-00350 (EIR No. 350), which included the adoption of Findings of Fact and a Statement of Overriding Considerations, Mitigation Monitoring and Reporting Program No. 342 (MMRP No. 342). and a Water Supply Assessment. On December 18, 2018, City Council adopted the related ordinances with the project becoming effective on January 17, 2019. The combined project site, including the Rainbow Inn parcel, lies within the boundaries of the Beach Boulevard Specific Plan. Therefore, the Project's proposed density and intensity will fall within the parameters of the approved BBSP EIR No. 350. The land use designation of the proposed development is Residential Medium (R-M). The intent of the R-M development area is to provide quality, well -designed multi - Rainbow Inn — CEQA Exemption Memo family living environments near transit and other services. The BBSP allows for a density of up to 36 dwelling units per acre with a maximum building height of three stories. The project site includes two prior motels, the Anaheim Lodge which is scheduled to be demolished this year and the recently demolished Covered Wagon Motel. Demolishing the motels will make way for the proposed residential development, comprising up to 120 affordable rental units and up to 15 for sale townhomes. The construction of 135 housing units can be achieved using State Density Bonus Law that would allow for a 38% density boost and building height increase of up to four stories. Likewise, concessions of development standards that are permissible through State Density Bonus Law is likely to occur. By providing a mixture of affordable and for -sale townhomes, the project will serve as a catalyst for revitalization along the Beach Boulevard corridor. Staff will work closely with the Developer to ensure that the project design meets the BBSP development standards and aligns with the objective of creating a pedestrian -friendly environment that promotes community gathering. This will involve activating onsite amenity spaces to establish a safe connection to the broader community. Furthermore, the Project's density and building intensity is also consistent with the City's General Plan; specifically, supporting Land Use and Housing goals and policies intended to enhance the quality of life and economic vitality of Anaheim residents through strategic infill development located along major transportation routes. The Project will be compatible and complementary to the adjacent multi- family residential and commercial uses. The project site does not contain sensitive habitats, historical resources, or other special circumstances that would necessitate a more comprehensive environmental review beyond what was considered in E1R No. 350. Staff will work closely with the selected Developer to ensure that any potential environmental impacts identified during the design review process are adequately addressed. This will be achieved through the implementation of mitigation measures outlined in the approved MMRP for the Beach Specific Plan. Staff recommends that Planning staff determine that the proposed development is consistent with the provisions set forth in subdivision (c) of CEQA Guidelines Section 15182, and therefore eligible to receive a statutory exemption Rainbow Inn CEQA Exemption EXHIBIT D GENERAL PLAN CONFORMITY 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING AND BUILDING DEPARTMENT May 9, 2024 Kevin Clausen Housing and Community Development Department City of Anaheim 201 South Anaheim Boulevard, 10" Floor Anaheim, CA 92805 RE: GENERAL PLAN CONFORMITY DETERMINATION REQUEST FOR A RESIDENTIAL PROJECT WITH AFFORDABLE UNITS (821-837 SOUTH BEACH BOULEVARD, ANAHEIM, CA 92804) Case No. PAZ2024-00283 The Anaheim Housing and Community Development intends to construct a residential project consisting of 120 attached multiple -family residential units and 15 attached single-family residential units on 2.72 acres located at 821-837 South Beach Boulevard (APNs: 079-164-12; 079-164-13; 079-164-14). The proposed project would include a minimum of 21 % of the base units designated for lower -income households. The subject properties are located within the "Residential Medium" development area of the Beach Boulevard Specific Plan (SP 2017-1). Single-family attached dwelling units and multiple -family dwelling units are permitted uses in the Residential Medium development area. The City of Anaheim General Plan designates the subject properties for "Medium Density" land uses, which is intended to provide a quality multiple -family living environment with design amenities, such as private open space or recreation areas, business services, and swimming pools. The Medium Density designation allows up to 36 dwelling units per acre (du/ac); however, the additional density proposed by the project may be permitted subject to provisions in Anaheim Municipal Code (A.M.C.) Chapter 18.52.040 "General Density Bonus." As indicated above, the proposed project would include a minimum of 21 % of the base units designated for lower -income households, thereby qualifying for at 38.75% density boost, for a maximum density of 50 du/ac, pursuant to A.M.C. Section 18.52.040. The proposed density would be 44.1 du/ac and in conformance with the General Plan and Density Bonus provisions. PAZ2024-00283 General Plan Conformity Determination 821-837 S. Beach Blvd. Anaheim CA, 92804 May 9, 2024 Page 2 of 2 The City's General Plan provides a comprehensive plan to guide development throughout the City. Staff reviewed the following goals and policies of the General Plan Land Use Element that apply to the property. • Goal 2.1 (Housing Opportunities): Continue to provide a variety of quality housing opportunities to address the City's diverse housing needs. o Policy: Ensure quality development through appropriate development standards by adherence to related Community Design Element policies and guidelines • Goal 3.1 (Corridors): Pursue land uses along major corridors that enhance the City's image and stimulate appropriate development at strategic locations. o Policy: Designate existing underutilized mid -block commercial uses for residential development, where appropriate. • Goal 3.2 (Corridors): Maximize development opportunities along transportation routes o Policy: Encourage and provide incentives for the consolidation of parcels to create development sites that are large enough to support quality development. • Goal 4.1 (Compatibility): Promote development that integrates with and minimizes impacts to surrounding land uses. o Policy: Ensure that land uses develop in accordance with the Land Use Plan and Zoning Code in an effort to attain land use compatibility. • Goal 6.1 (Redevelopment and Revitalization): Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development. o Policy: Continue to provide special incentives and improvement programs (e.g., density bonuses, parking requirement reductions, low interest home improvements loans, Neighborhood Improvement Program, etc.) to revitalize residential neighborhoods, major business corridors and employment centers. o Policy: Promote the assembly of parcels to allow for more efficient development patterns wherever adjacent neighborhoods are not adversely impacted. Based on review of the intended use of the site and goals and policies of the General Plan Land Use Element, staff believes the proposed project conforms to the City's General Plan. A Approved by: `t Ted White Director of Planning & Building Deputy City Manager SECRETARY'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Secretary of the Anaheim Housing Authority, do hereby certify that the foregoing is the original Resolution No. AHA-2024-003 adopted at a regular meeting provided by law, of the Anaheim Housing Authority held on the 21It day of May, 2024, by the following vote of the members thereof: AYES: Chairperson Aitken and Authority Members Kurtz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSTAIN: Authority Member Diaz ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 22"d day of May. 2024. SECRETARY OF THE ANAHEIM HOUSING AUTHORITY (SEAL)