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RES-2024-114RESOLUTION NO.2024-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING PROPOSED AMENDMENT TO THE GENERAL PLAN OF THE CITY OF ANAHEIM (DEV2021-00137) WHEREAS, the City Council of the City of Anaheim.(the "City Council") did receive a verified petition from SALT Development, LLC ("Owner") for an amendment to the Land Use and Circulation Elements of the General Plan (the "General Plan Amendment") for certain real property generally located along the south side of Santa Ana Canyon Road, generally between Eucalyptus Drive to the west and Festival Drive to the east 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 76-acres in area and is currently vacant. The property is designated for Estate Density Residential, Low Density Residential, and Open Space land uses in the General Plan. The property is also located in the "T" Transition zone, "RS-2" Single -Family Residential zone, "OS" Open Space zone, and is within the "SC" Scenic Corridor Overlay zone; and, WHEREAS, the General Plan Amendment is proposed in conjunction with the Hills Preserve Project ("Project"), and a request to approve 498 multiple -family residential units, and 40,000 square feet of commercial use. To that end, the Owner has requested the following entitlements, which shall be referred to herein collectively as the "Proposed Project": 1. An Amendment of the General Plan Land Use Element to amend Figure LU-4 (Land Use Plan) of the General Plan Land Use Element to re -designate portions of the Project Site from "Estate Density Residential", "Low Density Residential", and "Open Space"; to "Medium Density Residential", "Open Space", and "General Commercial", and to amend Figure C-2 of the Circulation Element to reflect Santa Ana Canyon Road access points. 2. The "Hills Preserve Specific Plan No. 2024-L" 3. A Zoning Reclassification to designate the Property's zoning classification as "Hills Preserve Specific Plan." 4. A Zoning Code text amendment to add Chapter 18.124 to the Anaheim Municipal Code for the Zoning and Development Standards implementing the Hills Preserve Specific Plan. 5. Tentative Tract Map No. 19228. 6. A Final Plan to permit the multiple -family residential building and associated improvements. 7. A Discretionary Tree Removal permit to authorize the removal of specimen trees within the Scenic Corridor Overlay zone. 8. Development Agreement No. 2024-1; 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 Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on September 30, 2024, 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 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. PC2024-031 and recommended that the City Council approve and adopt the General Plan Amendment, in the form presented at the meeting at which this Resolution is adopted and incorporated herein by this reference; and WHEREAS, at said public hearing and based upon its independent review, analysis, and consideration of the environmental information contained in Final Environmental Impact Report (FEIR) No. 355 prepared in connection with the Proposed Project, the Planning Commission found substantial evidence in the record to support its actions and did adopt its Resolution No. PC2024- 034 finding and recommending that the City Council certify FEIR No. 355 and adopt Findings of Fact, a Statement of Overriding Considerations, and MMP No. 390, and determine that (i) FEIR No. 355 was prepared for the Proposed Project in compliance with the requirements of the CEQA and all applicable CEQA Guidelines; (ii) FEIR No. 355 reflects the independent judgment and analysis of the City; (iii) FEIR No. 355 is adequate to serve as the appropriate environmental documentation for the Proposed Project satisfying the requirements of CEQA; and, (iv) no further environmental documentation needs to be prepared for CEQA for the Proposed Project; and WHEREAS, upon receipt of the Planning Commission's recommendation, summary of evidence and report of findings and recommendations of the Planning Commission, the City Council did fix the 29`h day of October, 2024, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing for the purpose of considering the Proposed Project, FEIR No. 355 and MMP No. 390, and did give notice thereof in the manner and as provided by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code; and WHEREAS, on October 29-30, 2024, the City Council did hold and conduct such public hearing, give all persons interested therein an opportunity to be heard, and receive evidence and reports and did consider the Proposed Project, including recommendations of the Planning Commission, potential environmental impacts addressed in the FEIR No. 355 and MMP No. 390; and WHEREAS, pursuant to Section 15270 of the CEQA Guidelines, CEQA does not apply to projects which the City Council rejects or disapproves; and WHEREAS, the City Council does hereby find and determine, with respect to the proposed General Plan Amendment, that all of the four conditions set forth in Section 18.68.050 (Action by Planning Commission) of Chapter 18.68 (General Plan Amendments) are not present. WHEREAS, the City Council does hereby find and determine the following facts: 1. Amending the General Plan to increase development density and intensity at the requested magnitude on Property located in a Very High Fire Hazard Severity Zone, would exacerbate existing conditions beyond those currently planned for in the General Plan with both the proposed density and peak vehicular trips over 5 times greater than identified in the General Plan. Because the magnitude of the increased density and intensity, inhabitants, and vehicular trips will increase evacuation time and result in an exacerbation of risk, the General Plan Amendment would be detrimental to the public interest, health, safety, convenience or welfare of the City; and therefore, Required Finding No. 2 that the proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City is unsupported. 2. The General Plan Amendment would increase the residential density on the Property and considering the physical constraints of the site largely attributable to topography, Required Finding No. 4, that the subject property 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, is not established. 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 by this City Council that the General Plan Amendment, together with the entitlements associated with the Proposed Project, of which said entitlements are contingent upon approval of the General Plan Amendment, are hereby denied. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 30th day of October, 2024, by the following roll call vote: AYES: Mayor Aitken and Council Members Diaz, Rubalcava, Faessel, and Meeks NOES: Mayor Pro Tern Kurtz and Council Member Leon ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAYOR OF CITY OF ANAHEIM ATT T: r CITY CLERK OF THE CITY OF ANAHEIM EXHIBIT "A" DEV NO.2021-00137 APN: 085-051-04, 356-582-12. 354-091-44, 085.051-34, 085-051-10, 085-051-09, 085-051-15, 356-582-11, 356-582-13, 356.582-10, 356-582-14, 356-582-30, 356-582-15, 356-582-09. 356-582-16, 356-582-29. 356.582-08, 356-582-17, 356-582-07, 356-582-28, 356-582-31, 356-582-18, 356-582-06, 356-582-27, 356-582-32, 356-582-05. 356-582-19, 356.582-26, 356-582-20, 356-582-04, 356-582-33, 356-582-25, 356-582-21, 356-582-03. 356-582-34, 356-582-24, 356-582-22, 356-582-02, 356-582-01, 356-582-23, 356-582-36, 356.581-02, 356-582.35, 356.581-03. 356-581-01 SANTA ANA CANYON R� ;m41� oil 6� q6��1,611' 6 �issss d�. �s r, t� r�*'• 73.W tNAY f N 9 o Ct h � SJ 1,214.77' o 4 � tl ■� ' Source: Recorded Tract Maps and/or City GIS. ■- Please note the accuracy is +/- two to five feet. 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. 2024-114 considered at a regular meeting provided by law, of the Anaheim City Council held on the 291 day of October. 2024 and adopted on the 301 day of October. 2024 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Diaz, Rubalcava, Faessel and Meeks NOES: Mayor Pro Tem Kurtz and Council Member Leon ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 5t' day of November. 2024. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)