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6514ORDINANCE NO. 6514 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.2020-00335) (DEV2020-00180) 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 located at 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") to reclassify the property from "T" Transition zone to "RM-3" Multiple -Family Residential zone, which reclassification is designated as Reclassification No. 2020-00335; and WHEREAS, the Property is approximately 6.96 acres in size, and is currently vacant. The project site is located in the "T" Transition zone, and is designated for "Schools" land uses by the General Plan; and WHEREAS, Reclassification No. 2020-00335 is proposed in conjunction with a request for (i) General Plan Amendment No. 2020-00533; (ii) approval of Conditional Use Permit No. 2020-06094 to permit the construction of a residential development consisting of 112 single-family attached residential units with modified development standards; (iii) Tentative Tract Map No. 19137 to permit a 1-lot, 112 unit attached single-family residential subdivision of the Property for condominium purposes, and (iv) approval of Development Agreement No. 2021-00001 to provide the Developer a vested right to develop the Project in accordance with General Plan Amendment No. 2020-00533, Reclassification No. 2020-00335, Conditional Use Permit No. 2020-06094, and Tentative Tract Map No. 19137 for the term of the Development Agreement, 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. 2020-06094, Tentative Tract Map No. 19137, and Development Agreement No. 2021-00001, 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 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, -1- 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, 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. 378"); 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 August 16, 2021 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, 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 contained in MMP No. 378, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 378; 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. 2020-00335, 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 General Plan Amendment No. 2020-00533, Conditional Use Permit No. 2020-06094, Tentative Tract Map no. 19137; and, (2) an ordinance approving Development Agreement No. 2021-00001; and WHEREAS, upon receipt of Planning Commission recommendation, made by motion, the City Council did fix the.- 2_a day of qppt-, 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 the Mitigated Negative Declaration and for the purpose of considering evidence for and against the Proposed Project and -2- P 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: 1. Reclassification of the Property to from "T" Transition zone to the "RM-3" Multiple -Family Residential zone is consistent with the Property's proposed Low -Medium Density land use designation in the General Plan. 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 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 multiple -family and single-family residential uses in "RM-2" and "RM-4" Multiple - Family Residential zones, multiple -family residential uses (i.e. apartments) in "T" Transition zone, and single-family residential uses in "RS-2" Single -Family Residential zone. 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 negate 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, to the "RM-3" Multiple -Family Residential zone from the "T" Transition 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. -3- 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. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 2g_ day of gppt-pmhpr , 2021, and thereafter passed and adopted at a regular meeting of said City Council held on the 5 day of October , 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: CITY CLE OF THE CITY OF ANAHEIM 143667 CITY OF ANAHEIM -4- EXHIBIT "A" DEV NO. 2020-00180 APN: 127-051-43 Z n S ,� W CAN PY LN Q O Q w 2 455' W TRANSIT AVE E- w z O N N U cc D W MALL AVE 455' �._..�..�..�.._..�.._.._. WBROADWAY 0 _ cr z y m u w z u 0 O w w N � V � u W MESSERRSSMITH AVE n Sig If Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +l- two to five feet. EXHIBIT B LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ANAHEIM IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCELI: THAT PORTION OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 18, DISTANT NORTH 88° 58' 15" EAST 865.95 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE NORTH 0° 21' 00" WEST 666.49 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE NORTH 88° 58' 07" EAST 225.70 FEET ALONG SAID NORTH LINE TO A POINT SOUTH 88° 58' 07" WEST 230.60 FEET FROM THE NORTHEAST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE SOUTH 0° 18' 10" EAST 666.50 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER, SAID POINT BEING DISTANT SOUTH 88° 58' 15" WEST 1548.50 FEET FROM THE SOUTHEAST CORNER OF THE NORTH HALF OF SAID NORTHEAST QUARTER; THENCE SOUTH 88° 58' 15" WEST 225.15 FEET TO THE POINT OF BEGINNING. EXCEPT ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LAND OTHER THAN THAT HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS, INTO, THROUGH, OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE AS EXCEPTED IN DEED FROM ELIZABETH ANN RALSTON, A MARRIED WOMAN, WHO ACQUIRED TITLE AS ELIZABETH ANN CARROLL, RECORDED JULY 28, 1960 IN BOOK 5349, PAGE 18 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: THAT PORTION OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 18, DISTANT NORTH 88° 58' 15" EAST 1091.10 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE NORTH 0° 18' 10" WEST 666.50 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE NORTH 88° 58' 07" EAST 230.60 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE SOUTH 0° 08' 25" EAST 666.51 FEET TO THE SOUTHEAST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE SOUTH 88° 58' 15" WEST 228.70 FEET TO THE POINT OF BEGINNING. EXCEPT ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE LAND TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LAND OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS, INTO, THROUGH, OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHTTO DRILL, MINE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE AS EXCEPTED IN DEED FROM MORRIS CARROLL, A SINGLE MAN, RECORDED JULY 28, 1960 IN BOOK 5348, PAGE 547 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. APN: 127-051-43 -7- STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM CLERK'S CERTIFICATE ss. I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6514 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 28th day of September, 2021, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 5th day of October, 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 ABSENT: None ABSTAIN: Council Member Moreno IN WITNESS WHEREOF, I have hereunto set my hand this 6th of October, 2021. CITY C ERK OF THE CITY OF ANAHEIM (SEAL) Anaheim Bulletin 1771 S. Lewis Street Anaheim, CA 92805 714-796-2209 5190168 ANAHEIM,CITY OF/CLERKS OFF 200 S ANAHEIM BLVD STE 217 ANAHEIM, CA 92805-3820 FILE NO. ORD-6514_Summary 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: 10/14/2021 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: October 14, 2021. K"�A Signature PROOF OF PUBLICATION Legal No. 0011493711 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6514 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. 2020-00335) (D E V2020-00180) This ordinance amends the Zoning Map of the City of Anaheim by rezoning or reclassifying certain real property generally located at 2323 West Broadway in the City of Anaheim, County of Orange, State of Cali- fornia, from the "T" Transition zone to the "RM-3" Multiple -Family Resi- dential zoning classification. I, Theresa Bass, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 6514, which ordinance was introduced at a regular meeting of the City Council of the City of Ana- heim on the 28th day of September, 2021 and was duly passed and adopted at a regular meeting of said Council on the 5th day of October, 2021 by the following roll call vote of the members thereof: AYES: Mayor Sidhu and Council Members Foessel, Diaz, Ma'ae, Valencia, and O'Neil NOES: None ABSENT: None ABSTAIN: Council Member Moreno The above summary is a brief description of the subject matter contained in the text of Ordinance No. 6514, which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not include or describe every provision of the ordinance and should not be re- lied on as a substitute for the full text of the ordinance. To obtain a copy of the full text of the ordinance, please 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. Published Anaheim Bulletin Oct. 14, 2021 11493711 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. 6514 and was published in the Anaheim Bulletin on the 14tn day of October, 2021, pursuant to Section 512 of the City Charter of the City of Anaheim. CITY ERK OF THE CITY OF ANAHEIM (SEAL)