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
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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
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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.
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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)
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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)