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6523ORDINANCE NO. 6523 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (DEVELOPMENT PROJECT NO.2019-00139) (910 SOUTH WESTERN AVENUE) 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 280 feet north of the intersection with Ball Road, on the eastern side of South Western Avenue and commonly referred to as 910 South Western 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") to reclassify the property from "T" Transition zone to"RS-4" Single Family Residential Zone; and WHEREAS, the Property is approximately 1.36 acres in size and is currently vacant, and is located in the "T" Transition zone. The Anaheim General Plan designates the Property for Corridor Residential land uses; and WHEREAS, the Reclassification is proposed in conjunction with (i) a zoning code amendment to amend Anaheim Municipal Code Section 18.04.020 (Intent of Individual Zones) to clarify that the "RS-4" Single -Family Residential Zone may be used to implement the Corridor Residential General Plan land use designation for projects with proposed densities that are no greater than 13 dwelling units per acre, (ii) approval of a conditional use permit to permit the construction of 12 detached single-family residences, and (iii) approval Tentative Tract Map No. 17944 to establish a 12-unit small lot subdivision for 12 detached single-family homes. Development Project No. 2019-00130 including the zoning code amendment, reclassification, conditional use permit, and Tentative Tract Map No. 17944, 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, the Project qualifies for a Class 32 — In -Fill Development Project Categorical Exemption under the California Environmental Quality Act (CEQA) (Public Resources Code, Sections 21000-21189.57) as set forth in Section 15332 of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 15000-15387); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 6, 2021, 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 of the Code, to -1- hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedures, the Planning Commission did find and determine and recommended that the City Council also find and determine that based on the analysis in the CEQA Class 32 Categorical Exemption Environmental Checklist, the Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act and no further environmental review is required; 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 the Reclassification (Development Project No. 2019-00139), 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) an ordinance approving a zoning code amendment associated with Development Project No. 2019-00139 to amend Anaheim Municipal Code Section 18.04.020 (Intent of Individual Zones) to clarify that the "RS-4" Single -Family Residential Zone may be used to implement the Corridor Residential General Plan land use designation for projects with proposed densities that are no greater than 13 dwelling units per acre; and WHEREAS, upon receipt of Planning Commission recommendation, made by motion, the City Council did fix the 11 day of Jan., 2022, as the time, and the City Council Chamber in the Civic Center, as the place, for a public meeting on the Proposed Project and the CEQA Class 32 Categorical Exemption and for the purpose of considering evidence for and against the Proposed Project and the CEQA Class 32 Categorical Exemption, and did give notice thereof in the manner and as provided by law; and WHEREAS, the City Council finds and determine that based on the analysis in the CEQA Class 32 Categorical Exemption Environmental Checklist, the Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act and no further environmental review is required; 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 "RS-4" Single Family Residential Zone is consistent with the Property's Corridor Residential land use designation in the General Plan, subject to the proposed zoning code amendment 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 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 -2- their permitted uses generally established throughout the community in that surrounding properties include multiple -family and single-family residential uses in "RM-3" and "RM-4" Multiple - Family Residential zones, single-family residential uses in "T" Transition zone, and single-family residential uses in "RS-2" and "RS-4" Single -Family Residential zones. 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 "RS-4" Single -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. 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. SECTION 4. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. -3- THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 11 day of January . 2022, and thereafter passed and adopted at a regular meeting of said City Council held on the. 2 5 day of ,Ta n tlar:y, 2022, by the following roll call vote: AYES: Mayor Sidhu and Council Members O'Neil, Diaz, Ma'ae, Moreno, Valencia, and Faessel NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM ATTEST: CITY CL tK OF THE CITY OF ANAHEIM Exhibit "A" DEV NO.2019-00139 Existing Zoning Ceslgnatfon: „7 Transitional Proposed Zoning Designation: "RS-4" Single -Family Residential rMi Subject Site "T'Transitional "RS-2" Singe -Family Residential (7,200 s,f. min. lot size) "RS4" Singe -Family Residential "RM-3' MuMpte-Famffy Residential (Up to i8 units! acre) - "Rl,A-4`'Multip1e-Fami1y Residential (Up to 36 units/ acre) -5- 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: PARCEL 1: (APN: 079-882-36) THE SOUTH 75 FEET OF THE SOUTH 218.96 FEET OF THE WEST 320.5 FEET OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14,TOWNSHIP 4 SOUTH, RANGE 11 WEST, S.B.B. & M. PARCEL 2: (APN: 079-882-37) THE SOUTH 218.96 FEET OF THE WEST 320.5 FEET OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN. EXCEPT THE SOUTH 75 FEET THEREOF. Q 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. 6523 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 11th day of January, 2022, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 25th day of January, 2022, by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members O'Neil, Diaz, Ma'ae, Moreno, Valencia, and Faessel NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 27!" of January 2022. CITY CL RK 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. Ordinance# 6523 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: 02/03/2022 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: February 03, 2022. C,�ra�� Signature PROOF OF PUBLICATION Legal No. 0011616166 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6523 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (DEVELOPMENT PROJECT N 0. 2019-00139) (910 SOUTH WESTERN AVENUE) This ordinance amends the Zoning Map of the City of Anaheim by rezoning or reclassifying certain real property generally located at 910 South Western Avenue in the City of Anaheim, County of Orange, State of California, from the "T" Transition zone to the "RS-4" Single Family Residential Zone classification. I, Theresa Bass, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 6523, which ordinance was introduced at a regular meeting of the City Council of the City of Anaheim on the 11th day of January, 2022 and was duly passed and adopted at a regular meeting of said Council on the 25th day of January, 2022 by the following roll call vote of the members thereof: AYES: Mayor Sidhu and Council Members O'Neil, Diaz, Ma'ae, Moreno, Valencia, and Faessel NOES: None ABSENT: None ABSTAIN: None The above summary is a brief description of the subiect matter contained in the text of Ordinance No. 6523 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 relied 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. 144650/1-M Published Anaheim Bulletin Feb. 3, 2022 11515155 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. 6523 and was published in the Anaheim Bulletin on the 3rd day of February, 2022, pursuant to Section 512 of the City Charter of the City of Anaheim. CITY C ERK OF THE CITY OF ANAHEIM (SEAL)