ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A DEVELOPMENT AGREEMENT BY
AND BETWEEN THE CITY OF ANAHEIM AND ANAHEIM 1 INV,
LLC, AND AUTHORIZING THE MAYOR PRO TEM TO EXECUTE
SAID AGREEMENT FOR AND ON BEHALF OF THE CITY
(DEV2020-00248)
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, in accordance with the Statute, the Enabling Ordinance and the Procedures Resolution (herein referred to collectively as the “Development Agreement Law”), the City of Anaheim received a verified petition from City Ventures Homebuilding, LLC dba Anaheim 1 Inv, LLC (the "Developer"), requesting that the City consider and approve a development agreement (Development Application No. 2020-00248), in the form presented at the meetings at which this Ordinance was introduced and thereafter adopted, to provide for the development of the "Project" described in the development agreement and certain vested development rights in connection therewith; and
WHEREAS, the development agreement is proposed in conjunction with the Owner's application for approval of General Plan Amendment No. 2021-00536, Reclassification No. 2021- 00336, Conditional Use Permit No. 2021-06097, and Tentative Tract Map No. 19141 which, together with the development agreement (Development Application No. 2020-00248), are collectively referred to as the "Proposed Project"; and WHEREAS, the Proposed Project is intended to permit the development of the Project on that certain real property consisting of approximately 1.55 acres and commonly known as 1661- 1673 West Broadway, which real property is generally depicted on the map attached hereto as Exhibit A and more particularly described in Exhibit B attached hereto and incorporated herein by this reference (herein referred to as the "Property"); 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 -2-
“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 Procedures, 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 Procedures, 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 May 5, 2022, and was also made available for review at Anaheim City Hall and on the City's website at www.anaheim.net; 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. 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, 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, by its motion, but prior in time to the adoption of its Resolution No. PC2022- 071 and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedures, the Planning Commission found and determined that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 381, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 381; 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 PC2022-071, recommending that the City Council approve the development agreement (Development Application No. 2020-00248) in the form presented at the meeting, contingent upon and subject to the adoption by the City Council of (1) a resolution approving General Plan Amendment No. 2021- -3-
00536, Conditional Use Permit No. 2021-06097, and Tentative Tract Map No. 19141; and, (2) an ordinance approving and adopting Reclassification No. 2021-00336; and, WHEREAS, upon receipt of the Planning Commission’s recommendation, made by both Resolution PC2022-071, and motion, the City Council did fix the 9th day of August, 2022, as the public hearing on the Proposed Project and the Mitigated Negative Declaration and for the purpose of considering evidence for and against the Proposed Project and the Mitigated Negative Declaration, and did give notice thereof in the manner and as provided by law; and WHEREAS, this City Council, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the testimony, evidence and reports offered at said hearing, does find and determine that proposed development agreement (Development Project No. 2020-00248), in the form presented at this meeting, meets all of the standards and requirements set forth in Resolution No. 82R-565 (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 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; 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Development Agreement (Development Permit No. 2020-00248) by and between the City of Anaheim and ANAHEIM 1 INV, LLC., attached hereto as Exhibit C be, and the same is hereby, approved.
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SECTION 2.
That the Mayor Pro Tem be, and is hereby, authorized to execute Development Agreement (Development Application No. 2020-00248) for and on behalf of the City.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ______ day of ________________, 2022, and thereafter passed and adopted at a regular meeting of said City Council held on the ______ day of _______________, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
_________________________________
MAYOR PRO TEM OF THE CITY OF
ANAHEIM
ATTEST:
_____________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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“EXHIBIT B”
LEGAL DESCRIPTION
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“EXHIBIT C”
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