Resolution-PC 2022-071
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PC2022-071
RESOLUTION NO. PC2022-071
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVE AND ADOPT A PROPOSED
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
ANAHEIM AND ANAHEIM 1 INV, LLC
(DEV2020-00240)
(1661-1673 WEST BROADWAY)
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 a Development Agreement (“Development
Project No. 2020-00240), for that certain real property located at 1661-1673 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 a residential development consisting of 34 single –
family attached residential units (the “Project”); and
WHEREAS, the Development Agreement is proposed in conjunction with a request for (i)
General Plan Amendment No. 2021-00536 to amend the land use designation from Office – Low
to Mid Density Residential; (ii) Reclassification No. 2021-00336 to reclassify the property to
“RM-3.5” Multiple-Family Residential zone from the “C-G” General Commercial zone; (iii)
Conditional Use Permit No. 2021-06097 to permit a residential development consisting of 34
single-family attached residential units with modified development standards; and (iv) Tentative
Tract Map No. 19141 to permit a 1-lot, 34 unit attached single-family residential subdivision of
the Property for condominium purposes. General Plan Amendment 2021-00536, Reclassification
No. 2021-00336, Conditional Use Permit No. 2021-06097, Tentative Tract Map No. 19141, the
Development Agreement, shall be referred to herein collectively as the "Proposed Project"; and
WHEREAS, the Property is approximately 1.55 acres in size. The project site is located in
the “C-G” General Commercial zone, and is designated for Schools land uses by the General Plan.
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PC2022-071
The development standards and regulations of Chapter 18.06 (Multiple-Family Residential zone)
of the Anaheim Municipal Code (the "Code") shall apply to the Proposed Project, subject to
approval of Reclassification 2021-00336 , now pending; and
WHEREAS, the Development Agreement 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 CEQA 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 CEQA Procedures 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 May 5, 2022, 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, 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 "MMRP No. 381"); 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, this request was advertised and noticed for a Planning Commission public
hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on June
20, 2022, 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. The Planning Commission meeting of June 20, 2022 was cancelled due to a lack of
quorum; and
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PC2022-071
WHEREAS, the Planning Commission did hold a public hearing in the City of Anaheim
on July 6, 2022, 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 Chapter 18.60 (Procedures) of the Code, to hear and
consider evidence for 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 based upon, all evidence and reports offered at said hearing with
respect to the Development Agreement, 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:
1. The proposed Development Agreement is consistent with the General Plan and with the
goals, policies, programs and objectives specified in the General Plan;
2. The proposed Development Agreement No. 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. 2021-00336, now pending;
3. The proposed Development Agreement is compatible with the orderly development of
property in the surrounding area;
4. The proposed Development Agreement 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 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
negate 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 recommend that the City Council approve
the Development Agreement, in the form presented at this meeting, contingent upon and subject
to the approval of (1) General Plan Amendment No. 2021-00533, (2) Reclassification No. 2021-