Resolution-PC 2020-017RESOLUTION NO. PC2020-017
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVE AND ADOPT PROPOSED
GENERAL PLAN AMENDMENT NO. 2018-00523 AND
DEVELOPMENT AGREEMENT NO. 2019-00001 BY AND BETWEEN
THE CITY OF ANAHEIM AND KNT I ENTERPRISES, LLC.
(DEV2017-00128)
(1600 WEST LINCOLN AVENUE)
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section
65864) of the 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
establish with certainty what regulations will govern the construction of a development; and
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
to as the "Enabling Ordinance"), making the City subject to the Statute; and
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City Council
adopted Resolution No. 82R-565 on November 23, 1982 (herein referred to as the "Procedures
Resolution"), establishing procedures and requirements for consideration of development
agreements by the City upon receipt of an application therefor; and
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for an amendment to the Land Use Element of the
General Plan ("General Plan Amendment No. 2018-00523") and a Development Agreement
("Development Agreement No. 2019-00001), for that certain real property located at the southwest
corner of Lincoln Avenue and Loara Street and commonly referred to as 1600 West Lincoln
Avenue 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 mixed-use development consisting of 315
residential units (apartment) with 2,031 square -foot leasing office, 3,413 square -foot retail space
and a parking structure (the "Project"); and
WHEREAS, General Plan Amendment No. 2018-00523 and Development Agreement No.
2019-00001 is proposed in conjunction with a request for (i) Reclassification No. 2018-00316 to
reclassify the property to apply the "MU" Mixed -Use Overlay Zone over the existing "C -G"
General Commercial Base Zone; and (ii) Conditional Use Permit No. 2018-05979 to permit a
mixed-use development consisting of 315 residential units (apartment) with 2,031 square -foot
leasing office, 3,413 square -foot retail space and a parking structure, with modified development
standards. General Plan Amendment No. 2018-00523, Reclassification No. 2018-00316,
Conditional Use Permit No. 2018-05979, Development Agreement No. 2019-00001, and the
Project shall be referred to herein collectively as the "Proposed Project"; and
- 1 - PC2020-017
WHEREAS, the Property is approximately 5.25 acres in size. The project site is located in
the "C -G" General Commercial zone, and is designated for General Commercial land uses by the
General Plan. The development standards and regulations of Chapter 18.32 (Mixed -Use Overlay
Zone) of the Anaheim Municipal Code (the "Code") shall apply to the Proposed Project; and
WHEREAS, General Plan Amendment No. 2018-00523 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 High" land use designation; and
WHEREAS, Development Agreement No. 2019-00001 is proposed to provide for the
development of the Project and certain vested development rights for the term of the Development
Agreement, and in return the developer would provide funding for City's affordable housing
programs; 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
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, a draft Mitigated Negative Declaration was prepared 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 March 26, 2020, and was also made
available for review on the City's website at www.anaheim.net. On March 16, 2020, the Anaheim
City Council approved a resolution proclaiming the existence of a local emergency regarding
Novel Coronavirus (COVID-19), and in conjunction with this action closed the City Hall and the
Public Libraries to public access. Therefore the IS/MND was not available in these locations, but
was made available for purchase; and
WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation
Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that
are specific to the Proposed Project (herein referred to as "MMP No. 366"); 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
- 2 - PC2020-017
WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic
Center, Council Chamber, 200 South Anaheim Boulevard, on April 27, 2020, 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, the Planning Commission, after due consideration, inspection, investigation
and study made by itself, and after due consideration of, and based upon, all evidence and reports
offered at said hearing with respect to the General Plan Amendment No. 2018-00523, does hereby
find:
1. That proposed General Plan Amendment No. 2018-00523 maintains the internal
consistency of the General Plan, as the proposed modifications to the General Plan are consistent
with Goals 2.1, 3.1, 3.2, 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 address the City's diverse housing needs,
to pursue land uses along major corridors that enhance the City's image and stimulate appropriate
development at strategic locations, to maximize development opportunities along transportation
routes, to promote development that integrates with and minimizes impacts to surrounding
neighborhoods, to enhance the quality of life and economic vitality in Anaheim through strategic
infill development and revitalization of existing development, and to address the jobs -housing
relationship by development housing near job centers and transportation facilities;
2. That proposed General Plan Amendment No. 2018-00523 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 and commercial development
opportunities that would be compatible with the existing commercial and multi -family residential
uses within the vicinity of the project;
3. That proposed General Plan Amendment No. 2018-00523 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 to the east, west, north and south; and
4. That the Property to be re -designated by proposed General Plan Amendment No. 2018-
00523 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 Planning Commission, after due consideration, inspection, investigation
and study made by itself, and after due consideration of, and based upon, all evidence and reports
offered at said hearing with respect to the Development Agreement No. 2019-0000100523, does
hereby further find and determine that proposed Development Agreement meets all of the standards
and requirements set forth in the Procedures Resolution, which was adopted by the City Council on
November 23, 1982, that is:
-3 - PC2020-017
1. The proposed Development Agreement No. 2019-00001 is consistent with the General
Plan, upon adoption of General Plan Amendment No. 2018-00523, now pending, and with the
goals, policies, programs and objectives specified in the General Plan;
2. The proposed Development Agreement No. 2019-00001 is compatible with the uses
authorized in, and the regulations prescribed for, the applicable zoning district(s) in which the
Project is and will be located, upon adoption of Reclassification No. 2018-00316, now pending;
3. The proposed Development Agreement No. 2019-00001 is compatible with the orderly
development of property in the surrounding area;
4. The proposed Development Agreement No. 2019-00001 is not otherwise detrimental to
the health and safety of the citizens of the City of Anaheim as it will provide funding to the City's
affordable housing programs; and
5. The proposed Development Agreement No. 2019-00001 constitutes a lawful, present
exercise of the City's police power and authority under, is entered into pursuant to, and is in
compliance with the City's charter powers, the requirements of Section 65867 of California
Government Code and the Procedures Resolution.
and;
WHEREAS, the Planning Commission 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
detract from the findings made in this Resolution. The Planning Commission expressly declares
that it considered all evidence presented and reached these findings after due consideration of all
evidence presented to it.
NOW, BE IT FURTHER RESOLVED that, based upon the aforesaid findings and
determinations, the Planning Commission does hereby recommends that the City Council approve
General Plan Amendment No. 2018-00523 in the form attached hereto as Exhibit B and
Development Agreement No. 2019-00001, in the form presented at this meeting, contingent upon
and subject to the approval of (1) Reclassification No. 2018-00316 and Conditional Use Permit
No. 2018-05979, now pending; (2) the mitigation measures set forth in Mitigation Monitoring Plan
No. 366 for the Project; and (3) the conditions of approval associated with Conditional Use Permit
No. 2018-05979, which are hereby found to be a necessary prerequisite to the 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
the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals
herein contained, shall be deemed null and void.
- 4 - PC2020-017
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of April 27, 2020. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIR ERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLA ING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on April 27, 2020, by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
MULLEADY, VADODARIA
NOES: COMMISSIONERS: WHITE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of April, 2020.
SECRETARY, PLkNMNG COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2020-017
EXHIM "{1"
DEV NO. 2017-00128
APN. 250-091-10 --�`
250-091-09A1VC�ES rEk Cr
250-091-11
w
a
a
0
z
W W LINCOLN AVE
ViV LINCOLN AVE
AT t"
i J4"
c
W EMBASSY ST
C
a
ca
W PAMPAS LN
W MABLE ST
6 SG too
0 Source Rmtordted Tri Maps krrdior City GIS
r«� Please rote R€e accuracy 16 +i.. two t4 five feel
- 6 - PC2020-017
EXHIBIT "B"
DEV2017-00128
General Plan Amendment No. 2018-00523
Existing General Plan Land Use Designation: General Commercial
Proposed General Plan Land Use Designation: Mixed -Use High
Q Subject Site ��� Mixed -Use High
Railroad Medium Density
-7-
MGeneral Commercial
Industrial
School
PC2020-017