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6486 ORDINANCE NO. 6486 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (RECLASSIFICATION NO. 2019-00320) (DEV2019-00037) WHEREAS, the City Council of the City of Anaheim (the "City Council") did receive a verified petition to rezone or reclassify that certain real property generally located at the northeast corner of Lincoln Avenue and Euclid Street and commonly referred to as 1619, 1631, and 1699 West Lincoln Avenue 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") from the "C-G" General Commercial, "T"Transitional, and "I" Industrial zones to the "RM-3.5" Multiple-Family Residential Zone, which reclassification is designated as Reclassification No. 2019-00320; and WHEREAS, the Property is approximately 7.17 acres in size. Two parcels within northern part of the project site are located in the "T"Transition zone and are currently vacant. The eastern parcel along Lincoln Avenue is located in "C-G" General Commercial zone and is currently used as a vehicle storage area. The western parcel along Lincoln Avenue is located in "I" Industrial zone and is currently developed with a cement manufacturing warehouse. The entire site is designated for General Commercial land uses by the General Plan; and WHEREAS, Reclassification No. 2019-00320 is proposed in conjunction with a request for (i) approval of General Plan Amendment No. 2019-00527 to re-designate the Property from the "General Commerial" to the "Mid Density Residential" land use designation; (ii) approval of a Conditional Use Permit No. 2019-06009 to permit a 115-unit, attached single family residential project with modified development standards; and (iii) approval of a Tentative Tract Map No. 19017 to permit a 1-lot, 115 unit attached single-family residential subdivision of the Property for condominium purposes. General Plan Amendment No. 2019-00527, Reclassification No. 2019- 00320, Conditional Use Permit No. 2019-06009, Tentative Tract Map No. 19017, and the Project 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 Procedure Manual, 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 Procedure Manual, 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 30-day public/responsible agency review on February 20,2020,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 - 1 - 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; and, the Ponderosa Joint Use Library at 240 East Orangewood Avenue, 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 "MMP No. 365"); 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 April 13, 2020, 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; and WHEREAS, by its motion, pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, 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. 365, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 365; 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, by motion, recommended that the City Council approve and adopt Reclassification No. 2019-00320, in the form presented at the meeting at which this Ordinance 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. 19017; (2) a resolution approving and adopting General Plan Amendment No. 2019-00527; and, (3) resolution approving Conditional Use Permit No. 2019-06009; and WHEREAS, upon receipt of the Planning Commission's recommendation, the City Council did fix the 9th day of June, 2020, as the time, and the City Council Chamber in the Civic Center, as the place, for a 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, the City Council, after due consideration, inspection, investigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing, does hereby find and determine as follows: - 2 - 1. Reclassification of the Property from the "C-G" General Commercial, "T" Transitional, and "I" Industrial zones to the "RM-3.5" Multiple-Family Residential zone is consistent with'the Property's proposed Mid Density Residential land use designation in the General Plan, now pending; 2. The proposed reclassification of the Property is necessary and/or desirable for the orderly and proper development of the community and is compatible with the neighboring properties, which are developed with a mix of commercial, light industrial, and multi-family residential uses; 3. The proposed reclassification of the Property does properly relate to the zone and its permitted uses locally established in close proximity to the Property and to the zones and their permitted uses generally established throughout the community in that surrounding properties include commercial uses in "C-G" General Commercial Zone, light industrial uses (i.e. offices, warehouses) in "I" Industrial Zone, and multi-family residential'uses in "RM-4" Multiple Family Residential Zone; 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 Ordinance,that the facts stated in this Ordinance 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 detract from the findings made in this Ordinance. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. 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"RM-3.5" Multiple-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. 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. - 3 - THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 9th day of June, 2020, and thereafter passed and adopted at a regular meeting of said City Council held on the 23`d day of June, 2020, by the following roll call vote: AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring, and O'Neil NOES: Council Member Moreno ABSENT: None ABSTAIN: None CITY OF ANAHEIM IIA,A IA f0' 7 THE TY a ANAHEIM ATTEST: CITY CLE' OF THE CITY OF ANAHEIM 137935 - 4 - EXHIBIT "A" DEV NO. 2019-00037 APN: 072-110-50 072-110-21 072-110-19 3 u W z H � 9.18 I V41A"N4,4404ryCHC3 TFR C Q Co T 5.k4, rn N 26' A, O 354' W W LINCOLN AVE I•- N J V W N 0 �m. Source:Recorded Tract Maps and/or City GIS. Please note the accuracy is+l-two to five feet. - 5 - 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 Ordinance No. 6486 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 9th day of June, 2020, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 23rd day of June, 2020, by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring and O'Neil NOES: Council Member Moreno ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of June, 2020. CITY CLE OF THE CITY OF ANAHEIM (SEAL) Anaheim Bulletin PROOF OF PUBLICATION 2190 S. Towne Centre Place Suite 100 Anaheim, CA 92806 Legal No. 0011393859 714-796-2209 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO.6486 AN ORDINANCE OF THE CITY OF ANAHEIM AMEND- ING THE ZONING MAP REFERRED TO IN TITLE 18 5190168 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. ANAHEIM,CITY OF/CLERKS OFF (RECLASSIFICATION NO.2019-00320) 200 S ANAHEIM BLVD STE 217 (DEv2019.00037) ANAHEIM, CA 92805-3820 This ordinance amends the Zoning Map of the City of Anaheim by rezoning or reclassifying certain real property generally located at the northeast corner of Lincoln Avenue and Euclid Street and com- monly referred to as 1619,1631,and 1699 West Lincoln Avenue in the City of Anaheim,County of Orange,State of California from the'C-G° General Commercial, "T"(Transition),and"I"(Industrial) zones to FILE NO. ORD-6486 the"RM-3.5"(Multiple-Family Residential)zoning classification. I,Theresa Bass,City Clerk of the City of Anaheim,do hereby certify AFFIDAVIT OF PUBLICATION that the foregoing is a summary of Ordinance No.6486,which ordi- nance was introduced at a regular meeting of the City Council of the STATE OF CALIFORNIA, City of Anaheim on the 9th day of June,2020 and was duly passed and adopted at a regular meeting of said Council on the 23rd day of June, SS. 2020 by the following roll call vote of the members thereof: County of Orange AYES:Mayor Sidhu and Council Members Faessel,Barnes, Brandman,Kring and O'Neil NOES:Council Member Moreno I am a citizen of the United States and a resident of the ABSENT:None County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I ABSTAIN:None am the principal clerk of the Anaheim Bulletin, a The above summary is a brief description of the subject matter con- newspaper that has been adjudged to be a newspaper of tained in the text of Ordinance No.6486 which has been prepared pur- general circulation by the Superior Court of the County of s2 maryuant doesto notSection include51of hoer describeCharterof everytheCity provisionofAnaheim.of the ordinanceThissum- Orange, State of California, on December 28, 1951, Case and should not be relied on as a substitute for the full text of the ordi- No. A-21021 in and for the City of Anaheim, County of nonce. Orange, State of California; that the notice, of which the To obtain a copy of the full text of the ordinance, please contact the annexed is a true printed copy, has been published in Office of the City Clerk, (714)765-5166,between 8:00 AM and 5:00 PM, each regular and entire issue of said newspaper and not in Monday through Friday. There is no charge for the copy. any supplement thereof on the following dates, to wit: Published Anaheim Bulletin July 2,2020 11393859 • 07/02/2020 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 Anaheim, Orange County, California, on Date: July 02, 2020. Signature r.LP1.12/15/16 1 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 Ordinance No. 6486 and was published in the Anaheim Bulletin on the 2nd day of July, 2020, pursuant to Section 512 of the City Charter of the City of Anaheim. • CITY CLER OF THE CITY OF ANAHEIM (SEAL)