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Resolution-PC 2021-028 WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with 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 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; “Procedures Resolution”), establishing procedures and requirements for consideration of Planning 2323 , as generally ; and is proposed in conjunction use Reclassification No. a with Reclassification No. HEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City 565 on November 23, 1982 (herein referred to as the a Development Agreement from family residential subdivision of the Property for Tentative Tract Map No. 19137, , and the Project shall be referred to herein a residential - and incorporated herein by this reference Tentative Tract Map No. 19137 to permit a 1 to permit land family attached residential units located at one (the “Project”) 00533 to amend the of the City of Anaheim (the " Family Residential z elopment agreements by the City upon receipt of an application therefor; and OF THE - 2021 BY AND BETWEEN THE CITY OF ANAHEIM AND CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVE AND , County of Orange, State of California construct 06094 DEVELOPMENT AGREEMENT NO. y for that certain real propert TION OF THE PLANNING COMMISSION - family attached residential units Medium Density Residential; (ii) 2020 00533, ), for the purpose of allowing the applicant to ) Conditional Use Permit No. 00001 028 - - - ) General Plan Amendment 2020 General Plan Amendment No. 2020 3” Multiple - 2323 WEST BROADWAY for . 1 - , MELIA HOMES, INC 2 2021 06094 PC20) 00180 petition - Development Agreement No. single Section 65864) of the Government Code of the - RESOLUTION NO. Exhibit A 2020 Planning Commission -- 20 , RM ) 00001 DEV20 verified 00001 ; and (iv) , Conditional Use Permit No. 112 to “ collectively as the "Proposed Project"; and development consisting of depicted on the map attached hereto as – - -in the City of Anaheim single to reclassify the property - 2021 ( 2021 Council adopted Resolution No. 82R - - did receive a nit attached single to Low modified development standards (“Development Agreement No. ADOPT PROPOSED . ( i (ii 112 Development Agreement No ; development consisting of s . one WHEREAS, the designation from School condominium purposes A RESOLU (i) Transition z of a development; and WHEREAS, 00001 for West Broadway(the "Property" ") with a request Commission 0033500335 lot, 112 u residential ” W T -- “ 20202020 anddev the land uses by the General the "lead agency" for the preparation and consideration of day public/responsible agency review on June acres in size. The project site is Family ) of the Anaheim Municipal Code (the "Code") shall apply to the Proposed is proposed to provide for for the term of the funding for City’s WHEREAS, pursuant to and in accordance with the provisions of the California herein referred 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 WHEREAS, a draft Mitigated Negative Declaration was prepared in accordance Manual to evaluate the physical environmental impacts of the Proposed Project. The Mitigated 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 Anaheim Public Library, Central Library at 500 West Broadway, Anaheim, California. Copies of WHEREAS, the Notice of Intent to adopt a Mitigated Negative Declaration did not agreement. However, the applicant has proposed a development agreement to provide for a voluntary contribution of $1,000 per unit to the City’s affordable housing programs. Subsequently, the public hearing notice included the proposed cause any significant impacts to the environment; therefore, the environmental document , a Mitigation Monitoring Plan has been prepared for the Proposed Project and includes mitigation "); ted 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 responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed 00001. The subject development agreement would not 24, 2021, and was also made available for review on the City's website 78 rein referred to as "MMP No. 3 - Multiple Floor of City Hall at 200 South Anaheim Boulevard., Anaheim, California; at the ; and with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure WHEREAS, the City gave notice of its intent to adopt the Mitiga WHEREAS, in conformance with CEQA and the CEQA Guidelines et seq.; 5 , now pending ( Development Agreement, and in return the developer would provide certain vested development rights 06 Chapter 18. Environmental Quality Act (Public Resources Code Section 21000 notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) s School 00001 0033 zone, and is designated for - Plan. The development standards and regulations of 6.96 2021 environmental documents for the Proposed Project; and measures that are specific to the Proposed Project (he - the Property is approximately , subject to approval of Reclassification 2020 said document were also available for purchase; and Development Agreement No. did not need to be recirculated for review; and - Negative Declaration was circulated for a 20 to as “CEQA”), the State of California Project and - No. 2021 affordable housing programs; and the City is Transition Development Agreement the development of the include a development WHEREAS, WHEREAS, , ” s CEQA Procedure one T located in the “ Residential z Project and 8.60 ection Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the WHEREAS, the Planning Commission did hold a public hearing in the City of at 5:00 p.m., notice of said public hearing having been duly to hear and consider evidence for the Mitigated Negative Declaration and to hear and consider evidence for and against the Proposed Project and after due consideration, inspection, investigation and study made by itself, and based upon, all evidence and reports offered at by the City is consistent with the and with the goals, policies, programs and objectives specified in the General is compatible with the , is compatible with the is not otherwise as it will provide constitutes a lawful, present exercise of the City’s police power and authority under, is entered into pursuant to, 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 staff report and all materials in the project files. There is no substantial evidence, nor are Planning standards the regulations prescribed for, the applicable zoning district(s) in ents of Section 65867 of determines that the evidence in the record mony received at the public hearing, the staff presentations, the xpressly declares that it considered all evidence presented and reached these hereby 00335 given as required by law and in accordance with the provisions of Chapter 1 related actions, and to investigate and make findings and recommendations in conn , does - 2020 of the the findings made in this Resolution. The adopted , upon adoption of Reclassification No. A Guidelines; and 00001 all meets detrimental to the health and safety of the citizens of the City of Anaheim 00001 - which was 2021 00001 00001 0000100001 Development Agreement - , and and is in compliance with the City’s charter powers, the requirem 2021 with respect to the Development Agreement No. findings after due consideration of all evidence presented to it. - - 2021 -- 2021 California Government Code and the Procedures Resolution 20212021 4. The proposed Development Agreement No. County of Orange pursuant to Section 15072(a) of the CEQ the Procedures Resolution,erly development of property in the surrounding area; 5. The proposed Development Agreement No. ment Agreement No. 2. The proposed Development Agreement No. 3. The proposed Development Agreement No. ; and Planning Commission, using programs Planning Commission proposed : that is which the Project is and will be located funding to the City’s affordable ho 1. The proposed Develop 1982, negate find and determine that in August 16, 2021 (Procedures) of the Code, and requirements set forth on November 23, the record, including testi WHEREAS, the WHEREAS, the there other facts, that uses authorized in, and e therewith; and ; General Plan Anaheim on now pending Commission said hearing Council further Plan; ord that, based upon the aforesaid findings and , in the form presented at this meeting, , ) the mitigation measures set forth in Mitigation associated with 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 clared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be does hereby recommend that the City Council which are hereby found to be a necessary - 06094 General Plan Amendment No. 2021 - 2020 Conditional Use Permit No. ) the conditions of approval contingent upon and subject to the approval of (1) 00001 , (3) BE IT FURTHER RESOLVED 5 ( - for the Project; and , 202100335 n 06094 the Planning Commissio approve Development Agreement No. 4 - ( - 2020 2020 Tentative Tract Map No. 19137, Reclassification No. Conditional Use Permit No. 8 37 deemed null and void. Plan No. part thereof, be de determinations, NOW, Monitoring 00533, (2)