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6333ORDINANCE NO. 6 3 3 3 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING BASED UPON THE FINDING AND DETERMINATION THAT SAID AMENDMENT IS CATEGORICALLY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTIONS 15315 (MINOR LAND DIVISIONS) AND 15332 (IN -FILL DEVELOPMENT PROJECTS) OF THE STATE CEQA GUIDELINES. (RECLASSIFICATION NO. 2010-00240) (DEV2010-00134) WHEREAS, following a duly noticed public hearing held on October 25, 2010, pursuant to the provisions of Chapter 18.60 of the Anaheim Municipal Code, the Planning Commission of the City of Anaheim did adopt its Resolution No. PC2010-112, determining that a change or changes in the zone or zones should be made to rezone or reclassify that certain real property located at 2248 South Loara Street in the City of Anaheim, County of Orange,. State of California, which was then designated as Assessor's Parcel No. 090-612-01 but is now designated as Assessor's Parcel No. 090-612-26 (the "Property"). The Property is generally depicted on the map attached hereto as Exhibit A and more particularly described on the legal description attached hereto as Exhibit B, both of which exhibits are incorporated herein by this reference; 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 Implementation of the California Environmental Quality Act (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 Reclassification No. 2010-00240; and WHEREAS, the Planning Commission did find and determine that Reclassification No. 2010-00240 is within two classes of projects which, under and pursuant to CEQA, have been determined not to have a significant effect on the environment and which are, therefore, exempt from the provisions of CEQA. First, Reclassification No. 2010-00240 is within that class of projects which consists of the division of property meeting the conditions described in Section 15315 of the CEQA Guidelines; that is, (a) consists of the division of property in an urban area zoned for residential, commercial or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, (b) no variances are required, (c) all services and access to the proposed parcels to local standards are available, (d) the existing parcel was not involved in the division of a larger parcel within the previous two years, and (d) the existing parcel does not have an average slope greater than 20 percent at the time of this determination. Secondly, Reclassification No. 2010-00240 is within that class of projects characterized as "in- fill development", meeting the conditions described in Section 15332 (In -Fill Development Projects) of the CEQA Guidelines; that is, (a) is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with the applicable zoning designation and regulations, (b) is no more than five acres in size substantially surrounded by urban uses, (c) has no value as a habitat for endangered, rare or threatened species, (d) would not result in significant effects relating to traffic, noise, air quality, or water quality, and (e) the Property can be adequately served by all required utilities and public services; and WHEREAS, accordingly, in consideration of the determination and recommendation of the Planning Commission and its own independent judgment, this City Council finds and determines that Reclassification No. 2010-00240 will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA under and pursuant to the aforementioned Sections 15315 and 15332 of the CEQA Guidelines; and WHEREAS, by the adoption of said Resolution No. PC2010-112, the Planning Commission determined that the Property should be rezoned or reclassified from the 11RM-2" Multiple -Family Residential Zone to the "RS -4" Single -Family Residential Zone; and WHEREAS, the proposed rezoning is consistent with the Anaheim General Plan, which designates the property for "Low -Medium Density Residential" land uses. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by rezoning and reclassifying the subject Property, as described above, into the "RS -4" Single -Family Residential Zone of the City of Anaheim. SECTION 2. The City Zoning Map shall be, and the same is hereby, amended and the above-described Property shall be excluded from the zone in which it is now situated and incorporated in and made a part of the zone or zones as above set forth, and said City Zoning Map, as amended, is hereby adopted and the Planning Department is hereby directed to prepare a sectional zoning map to be added to the City Zoning Map showing the changes hereby approved and adopted. SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim, and thirty (30) days from and after its final passage, it shall take effect and be in full force. 2 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 1 9thday of MAY , 2015, and thereafter passed and adopted at a regular meeting of said City Council held on the 2nd day of JUNE , 2015, by the following roll call vote: AYES: Mayor Pro Tem Kring, Council Members Murray, Brandman, and Vanderbilt NOES: None ABSENT: Mayor Tait ABSTAIN: None CITY OF ANAHEIM 1-6ZMAVOR OF THE CITY NAHEIM ATTEST: CITY CLERK 4THE CIT F ANAHEIM 109477/TJR 3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6333 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 19th day of May, 2015, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 2nd day of June, 2015, by the following vote of the members thereof: AYES: Mayor Pro Tern Kring and Council Members, Murray, Brandman and Vanderbilt NOES: None ABSENT: Mayor Tait ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of June, 2015. igh 4111° CITY CLERK OF THE CITY e F ANAHEIM (SEAL) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6333 and was published in the Anaheim Bulletin on the 11th day of June, 2015. i " a,, a, - CITY CLERK OF THE CITY OF NAHEIM (SEAL) EXHIBIT "A' DEV2010-00134 APN : 090-612-01 d F Q F— v; d W ORD WAY O V) 300.63' r` ti 300.63' =.0 100 Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. 11033 EXHIBIT "B" LEGAL DESCRIPTION OF THE PROPERTY THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE SOUTH 77 FEET OF THE SOUTH ONE-HALF OF THE WEST ONE-HALF OF THE WEST ONE-HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.M., RANCHO LAS BOLSAS, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUTY RECORDER OF SAID COUNTY. [Assessor's Parcel No. 090-612-26, formerly known as Assessor's Parcel No. 090-612-01] i' AFFIDAVIT OF PUBLICATION � STATE OF CALIFORNIA, ) ) SS. County of Orange } I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: June 11, 2015 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: June 11, 2015 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 ORDINANCE NO. 6333 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 1S OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING BASED UPON THE FINDING AND DETERMINATION THAT SAID AMENDMENT IS CATEGORICALLY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PUR- SUANT TO SECTIONS 15315 (MINOR LAND DIVISIONS) AND 15332 (INFILL DEVELOPMENT PROJECTS) OF THE STATE CEQA GUIDELINES. (RECLASSIFICATION NO.) 10-00240) WHEREAS, following a duly noticed public hearing held on October 25, 2010, pur- suant to the provisions of Chapter 18.60 of the Anaheim Municippal• Code, the Planning Commission of the City of Anaheim did adopt its Resolution No. PC2010-112, determining that a change or changes in the zone or zones should be made to rezone or reclassify that certain real property located at 2248 South Loara Street in the City of Anaheim, County of Orange, State of California, which was then designated as Assessor's Parcel No. 090-612- 01 but is now designated as Assessor's Parcel No. 090-612.26(the "Property"). The Prop- erty is generally depicted on the map attached hereto as Exhibit A and more particularly described on the legal description attached hereto as Exhibit B, both of which exhibits are incorporated herein by this reference; and WHEREAS, pursuant to and in accordance with the provisions of the California En- vironmental Quality Act (Public Resources Code Section 21000 at seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environ- mental Quality Act (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 considera- tion of environmental documents for Reclassification No. 2010-00240; and. WHEREAS, the Planning Commission did find and determine that Reclassificatidn No. 2010-00240 is within two classes of projects which, under and pursuant to CEQA, have been determined not to have a significant effect on the environment and which are, there- fore, exempt from the provisions of CEQA. First; Reclassification No. 2010-00240 is within that classofprojects which consists of the division of prope Tneeting the oondt[tons de- scribed in Section 15315 of the CEQA Guidelines; that is(a consists of the division of property in an urban area zoned for residential, commercial or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, (b) no variances are required, (c) all services and access to the proposed parcels to local stand- ards are available, (d) the existing parcel was not involved in the division of a larger parcel Within the previous two years, and (d) the existing: parcel does not have an average slope greater than 20 percent at the time of this determination. Secondly, Reclassification No. 2010-00240 is within that class of projects characterized as "in -fill development", meeting the conditions described in Section 15332 (In -Fill Development Projects) of the CEQA Guidelines; that is, (a) is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with the applicable zoning designation and regulations, (b) is no more than five acres in size substantially surrounded by urban uses, (c) has no value as a habitat for endangered, rare or threatened species, (d) would not re- sult in significant effects relating to traffic, noise, air quality, or water quality, and (e) the Property can be adequately served by all required utilities and public services; and WHEREAS, accordingly, in consideration of the determination and recommenda- tion of the Planning Commission and its own independent judgment, this CIN Council finds and determines that Reclassification No. 2010-00240 will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA under and pursuant to the aforementioned Sections 15315 and 15332 of the CEQA Guidelines; and WHEREAS, by the adoption of said Resolution No. PC2010-112, the Planningg Com- mission determined that the Property should be rezoned or reclassified from the "RM -2" Multiple -Family Residential Zone to the "RS -4" Single -Family Residential Zone; and WHEREAS, the proposed rezoning is consistent with the Anaheim General Plan, which designates the property for "Low -Medium Density Residential" land uses. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES OR- DAIN AS FOLLOWS; 4 SECTION 1. That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by rezoning and reclassifying the subject Property, as described above, into the "RS -4" Single -Family Residential Zone of the City of Anaheim. SECTION 2. The City Zoning Map shall be, and the same is hereby, amended and the above-described Property shall be excluded from the zone in which it is now situated and incorporated in and made a part of the zone or zones as above set forth, and said City Zoning Map, as amended, is hereby adopted and the Planning Department is hereby directed to prepare a sectional zoning map to be added to the City Zoning Map showing the changes hereby ap- proved and adopted. SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once wdhin fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated In the City of Anaheim, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE was introduced ata regular meeting of the City Council of the City of Anaheim held on the 19th day of May, 2015, and thereafter passed and adoppted at a regular maeting of said City Council held on the 2nd day of June, 2015, by the follow- ing roll call vote. AYES: Mayor Pro Tem Kring and Council Members Murray, Brandman and Vanderbilt NOES: None ABSENT: Mayor Tait ABSTAIN: None CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK F THE CITY OF ANAHEIM 109477/TJR Exhibits Aand B are available for review at the Office of the City Clerk. To obtain a copy, pease contact the Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. Publish• Anaheim BulletimJune 11 2015 10057146