6533ORDINANCE NO. 6 5 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
(RECLASSIFICATION NO. 2021-00336)
(DEV2020-00248)
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 1661-1673 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 "C-G" General Commercial zone to "RM-3.5" Multiple -Family
Residential zone, which. reclassification is designated as Reclassification No. 2021-00336; and
WHEREAS, the Property is approximately 1.55 acres in size, and is currently developed
with commercial office buildings. The project site is located in the "C-G" Transition zone, and is
designated for "Office — Low" land uses by the General Plan; and
WHEREAS, Reclassification No. 2021-00336 is proposed in conjunction with a request
for (i) General Plan Amendment No. 2021-00536; (ii) approval of Conditional Use Permit No.
2021-06097 to permit the construction of a residential development consisting of 34 single-family
attached residential units with modified development standards; (iii) Tentative Tract Map No.
19141 to permit a 1-lot, 34 unit attached single-family residential subdivision of the Property for
condominium purposes, and (iv) approval of a Development Agreement to provide the Developer
a vested right to develop the Project in accordance with General Plan Amendment No. 2021-
00536, Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097, and Tentative
Tract Map No. 19141 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.
2021-00536, Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097, Tentative
Tract Map No. 19141, and the Development Agreement, 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 CEQA Procedures,
the City is the "lead agency" for the preparation and consideration of environmental documents
for the Proposed Project; and
WHEREAS, a draft Initial Study in support of a Mitigated Negative Declaration was
prepared in accordance with CEQA, the CEQA Guidelines and the City's CEQA Procedures 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 May 5, 2022, and
was also made available for review on the City's web page, with hard copies available at City Hall
and the Anaheim Public Library, and it was uploaded digitally with the Office of Planning and
Research's CEQAnet database; and
WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation
Monitoring and Reporting Program has been prepared for the Proposed Project and includes
mitigation measures that are specific to the Proposed Project (herein referred to as "MMRP No.
381 "); 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 July 6, 2022 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 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 MMRP
No. 381, and recommended that the City Council approve and adopt the Mitigated Negative
Declaration and MMRP No. 381; 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. 2021-00336, 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. 2021-00536, Conditional Use Permit No. 2021-06097, Tentative Tract Map no. 19141; and,
(2) an ordinance approving the Development Agreement; and
WHEREAS, upon receipt of Planning Commission recommendation, made by motion, the
City Council did fix the 9 thday of Aua •, 2022, 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
-2-
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 "C-G" General Commercial zone to
the "RM-3.5" Multiple -Family Residential zone is consistent with the Property's proposed Mid
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 and commercial 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 and multiple -family residential uses in "C-G" General Commercial and "RM-
4" Multiple -Family Residential zones; 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 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-3.5" Multiple -Family Residential zone from the "C-G" General Commerical 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.
Ble
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 9 th day of August , 2022, and thereafter passed and
adopted at a regular meeting of said City Council held on the 23rdday of August , 2022,
by the following roll call vote:
AYES: Mayor Pro Tem O'Neil and Council Members Diaz,
Ma'ae, Moreno, Valencia and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
[Mayoral vacancy)
CITY OF ANAHEIM
MA OR PRO T M OF t4E CIT OF
ANAHEIM
ATT ST:
CITY LERK OF THE CITY OF ANAHEIM
-4-
O0 50 300
Feet
O
EXHIBIT "A"
DEV NO.2020-00248
W BROADWAY
Q
3
a
TRAPEZOID DR a
z
0
a
a
RHOMBUS LN
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
- 5 -
EXHIBIT B
LEGAL DESCRIPTION
PARC EL 1:
THE EAST 100 FEET OF THE WEST 200 FEET OF THE SOJTHWEST 04UARTF-R OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN
BERNARDINO BASE AND MERIDIAN. BE14G FURTHER OESCRIHEJ AS THE EAST 100 FEET OF THE WEST
200 FEET OF THE EAST HALF OF LOT 5 OF HELEN AND LYNCH'S ADDITION TO ANAHEIM. IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CM.UFORNK AS PER MAP RECORDED INBOOK 442, PAGE
158 CF DEEDS, RECORDS OF LOS ANGELES COJNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION CONVEYED T1D RICHARD E. WINELAND AND VIRGINIA F. WINELANC
BY QUITCLAIM DEED RECORDED JANUARY 11. 1962 AS INSTRUMENT NO. 7171. INBOOK 5972. PAGE
173 OF OFFICIAL RECORDS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 250-101-09
PARCEL 2:
THE WEST 10C FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 16. TOWNSHIP 4 SOUTH, RANGE 10 WEST. SAN
BERNARDINO BASE AND MERIDIAN. BEING FURTHER DESCRIBED AS THE WEST 100 FEET CF THE EAST
HALF OF LOT 5 OF HELEN AND LYNCH'S ADDITION TO ANAHEIM, AS SHOWN ON A MAP RECORDED IN
BOOK 442, PAGE 158 OF DEEDS, RECORDS OF LDS ANGELES COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION CONVEYED TID M. DOUGLAS AND BERNICE DOUGLAS. HUSBAND
AND WIFE. AS JOINT TENANTS, BY GRANT DEED RECORDED JANUARY 11, 1962 AS INSTRUMENT NO.
7172, IN BOOK 5972, PAGE 174 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
APN: 250-101-08
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. 6533 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 911 day of August, 2022, and that the same was duly passed and adopted at
a regular meeting of said City Council held on the 231 day of August, 2022, by the following vote
of the members thereof:
AYES: Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and
Faessel
NOES: None
ABSENT: None
ABSTAIN: None
[Mayoral vacancy]
IN WITNESS WHEREOF, I have hereunto set my hand this 24' of August, 2022.
ERK OF THE CITY OF ANAHEIM
(SEAL)
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. 6533 and was published in the Anaheim Bulletin on the 1st
day of September, 2022, pursuant to Section 512 of the City Charter of the City of
Anaheim.
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 PROOF OF PUBLICATION
200 S ANAHEIM BLVD STE 217
ANAHEIM, CA 92805-3820 Legal No. 0011556418
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO.6533
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
FILE NO. ORDINANCE NO. 6533 THE ZONING MAP REFERRED TO IN TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO ZONING
AFFIDAVIT OF PUBLICATION (RECLASS(DEV2020�2488j 2021-00336)
This ordinance amends the Zoning Map of the City of Anaheim by
STATE OF CALIFORNIA, rezoning or reclassifying certain real property generally located at 1661-
1673 West Broadway in the City of Anaheim, County of Orange, State of
SS. California, from the "C-G" General Commercial zone to the "RM-3.5"
Multiple-Family Residential Zone classification.
County of Orange
I,Theresa Bass,City Clerk of the City of Anaheim,do hereby certify that
the foregoing is a summary of Ordinance No. 6533, which ordinance was
introduced at a regular meeting of the City Council of the City of
Anaheim on the 9th day of August, 2022 and was duly passed and adopted
at a regular meeting of said Council on the 23rd day of August,2022 by the
I am a citizen of the United States and a resident of the following roll call vote of the members thereof:
County aforesaid; I am over the age of eighteen years, and AYES: Mayor Pro Tern O'Neil and Council Members Diaz,Ma'ae,
not a party to or interested in the above-entitled matter. I Moreno,Valencia,and Faessel
am the principal clerk of the Anaheim Bulletin, a NOES: None
newspaper that has been adjudged to be a newspaper of ABSENT: None
general circulation by the Superior Court of the County of ABSTAIN: None
Orange, State of California, on December 28, 1951, Case [Mayoral vacancy]
No. A-21021 in and for the City of Anaheim, County of The above summary is a brief description of the subject matter contained
in the text of Ordinance No. 6533 which has been prepared pursuant to
Orange, State of California; that the notice, of which the 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
annexed is a true printed copy, has been published in relied on as a substitute for the full text of the ordinance.
each regular and entire issue of said newspaper and not in To obtain a copy of the full text of the ordinance, please contact the Office
any supplement thereof on the following dates, to wit: 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.
09/01/2022 Published Anaheim Bulletin September 1,2022
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: September 01, 2022.
juvryi
Signature