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RES-2021-091RESOLUTION NO.2 0 21- 0 91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE GENERAL PLAN OF THE CITY OF ANAHEIM (GENERAL PLAN AMENDMENT NO.2020-00533) (DEV2020-00180) (2323 WEST BROADWAY) WHEREAS, the City Council of the City of Anaheim (the "City Council") did receive a verified petition for an amendment to the Land Use Element of the General Plan ("General Plan Amendment No. 2020-00533") for certain real property generally located on the north side of Broadway, approximately 1,300 feet west of Brookhurst Street and commonly referred to as 2323 West Broadway 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 112 attached, single-family residences ; and WHEREAS, the Property is approximately 6.96 acres in size and is located in the "T" Transition zone. The development standards and regulations of Chapter 18.06 (Multiple - Family Residential Zones) of the Anaheim Municipal Code (the "Code") shall apply to the Proposed Project. The Property is designated on the Land Use Element of the General Plan for "Schools" uses; and WHEREAS, General Plan Amendment No. 2020-00533 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 "Schools" to the "Low -Medium Density Residential" land use designation; and WHEREAS, General Plan Amendment No. 2020-00533 is proposed in conjunction with a request (i) for approval of Reclassification No. 2020-00335 to reclassify the property from the "T" Transition zone to the "RM-3" Multiple -family Residential Zone; (ii) approval of Conditional Use Permit No. 2020-06094 to permit a 112-unit, attached single family residential project with modified development, (iii) approval of Tentative Tract Map No. 19137 to permit a 1-lot, 112 unit attached single-family residential subdivision of the Property for condominium purposes, and approval of Development Agreement No. 2021-00001 to provide the developer a vested right to develop the Proposed Project, and in return the developer would provide funding for City's affordable housing programs. General Plan Amendment No. 2020-00533, Reclassification No. 2020-00335, Conditional Use Permit No. 2020-00694, Tentative Tract Map No. 19137, and Development Agreement No. 2021-000012 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 Local CEQA -1- 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 June 24, 2021, 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 Notice of Intent to adopt a Mitigated Negative Declaration did not include a development 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 Development Agreement No. 2021- 00001. The subject development agreement would not cause any significant impacts to the environment; therefore, the environmental document did not need to be recirculated for review; 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 August 16, 2021, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordancewith 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 recommended that the City Council approve and adopt General Plan Amendment No. 2020-00533, in the form presented at the meeting at which this Resolution is adopted and incorporated herein by this reference, contingent upon and subject to the adoption by the City Council of (1) a resolution approving Tentative Tract Map No. 19137; (2) an ordinance approving and adopting Reclassification No. 2020-00335; (3) resolution approving Conditional Use Permit No. 2020-06094; and, (4) Development Agreement No. 2020- 00001; and -2- 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 the2 g day of Sept _, 2021, 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 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 proposed General Plan Amendment No. 2020-00533 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, 7. 1, and 9.1 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 proposed General Plan Amendment No. 2020-00533 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 proposed General Plan Amendment No. 2020-00533 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 would be compatible with and complementary to these surrounding land uses. 4. That the Property to be re -designated by proposed General Plan Amendment No. 2020-00533 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 -3- 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 negatethe 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. BE IT FURTHER RESOLVED that, based upon the aforesaid findings and determinations, the City Council of the City of Anaheim does hereby approve and adopt General Plan Amendment No. 2020-00533 in the form attached hereto as Exhibit B. THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this 28 day of September , 2021, by the following roll call vote: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Valencia, and O'Neil NOES: None ABSENT: None ABSTAIN: Council Member Moreno ATTEST: OF ANAHEIM OF IM (CITY OFANAHEIM CITY CLERK OF THE CITY OF ANAHEIM -4- EXHIBIT "A" DEV NO. 2020-00180 APN: 127-051-43 Q 0 0 _ a s W CAN PY LN 455' W TRANSIT AVE H o: w Z O N N U cNn cNo W MALL AVE 455' W BROADWAY C4 Ln Cr } u LL: z m 3 x w Z O � w u O Uj z o: v U W MESSERSMITH AVE Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. EXHIBIT "B" DEV2020-00180 General Plan Amendment No. 2020-00533 Existing General Plan Land Use Designation: School Proposed General Plan Land Use Designation Low Medium Density Residential QSubject Site Low Medium Density Neighborhood Center School Low Density Medium Density IM 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. 2021-091 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 28th day of September, 2021 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Valencia and O'Neil NOES: None ABSTAIN: Council Member Moreno ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of September, 2021. CITY CLE K OF THE CITY OF ANAHEIM (SEAL)