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6545ORDINANCE NO. 6545 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (DEV2021-00123) (1200-1320 SOUTH ANAHEIM BOULEVARD, 200 EAST BALL ROAD, AND 1207 SOUTH CLAUDINA STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for a General Plan Amendment, Reclassification, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19140 (collectively known as Development Application No. 2021-00123), to construct 223 residential units and 4,586 square feet of commercial space, with 15-percent of the units affordable to moderate income buyers, and a housing incentive to allow a reduced parking ratio (the "Proposed Project"), for that certain real property located at 1200 - 1320 South Anaheim Boulevard, 200 E. Ball Road, and 1207 S. Claudina Street 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"); and WHEREAS, the Property is approximately 8.3 acres in size, and is currently developed with commercial buildings. The project site is located in the "C-G" General Commercial zone and South Anaheim Boulevard Corridor "SABC" Overlay zone, and is designated for "General Commercial" land uses by the General Plan; and WHEREAS, this Reclassification is proposed in conjunction with a request for (i) a General Plan Amendment; (ii) approval of a Conditional Use Permit to permit the construction of a residential development consisting of 223 residential units and 4,586 square feet of commercial space, with 15-percent of the units affordable to moderate income buyers, with an affordable housing development incentive and a density bonus; (iii) a Minor Conditional Use Permit to permit a coordinated sign program and the installation of murals throughout the development site, (iv) and Tentative Tract Map No. 19140 to permit a 1-lot, 223 unit residential subdivision of the Property for condominium purposes; and WHEREAS, the Planning Commission did hold a public hearing in the City of Anaheim on October 10, 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 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and Mitigated Negative Declaration, and to investigate and make findings and recommendations in connection therewith; 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 proposed Reclassification, 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 the General Plan Amendment, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19140; and WHEREAS, upon receipt of Planning Commission recommendation, the City Council did fix the I" day of November, 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 WHEREAS, by Resolution No. 2022-12a, considered and approved by the City Council concurrently with but prior in time to consideration of this resolution, the City Council found and determined that (i) the Mitigated Negative Declaration was prepared for the Proposed Project in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's CEQA Procedures; and (ii) the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 384 is the appropriate environmental documentation for the Proposed Project; as found and recommended by the Planning Commission in Resolution 2022-085. 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 apply the "Mixed -Use (MU) Overlay" zone is consistent with the Property's proposed Mixed -Use Mid 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 industrial uses in "I" Industrial 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: -2- 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 apply the "Mixed -Use (MU) Overlay" 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. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 1" day of November, 2022, and thereafter passed and adopted at a regular meeting of said City Council held on the 15 day of November , 2022, by the following roll call vote: AYES: Mayor Pro Tem O'Neil and Council Members Diaz, Ma'ae and Faessel NOES: Council Members Moreno and Valencia ABSENT: None ABSTAIN: None [Mayoral vacancy] CITY OF ANAHEIM By. MAYOR PRO TEa OF THE CIT OF ANAHEIM AT CITY CLERK OF THE CITY OF ANAHEIM EXHIBIT "A" DEV NO. 2021-00123 �---- I 1 - I E BALL RD o so ioo Source: Recorded Tract Maps and/or City GIS. v Feer Please note the accuracy is +/- two to five feet. EXHIBIT B LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: APN 082-461-25 LOT 1 OF TRACT NO. 3351, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 110, PAGES 5, 6 AND 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE EAST 30 FEET THEREOF. PARCEL 2: PORTION OF APN 082-461-23 THE EASTERLY 30 FEET OF LOT 1 OF TRACT NO. 3351, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 110, PAGES 5, 6 AND 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 3: PORTION OF APN 082-461-23 PARCEL 1 OF PARCEL MAP 79-273, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 152, PAGES 15 AND 16 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 4: PORTIONS OF APN 082-461-24 AND 082-461-35 PARCEL 2 OF THAT CERTAIN PARCEL MAP, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 45, PAGE 40 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 5: PORTIONS OF APN 082-461-24 AND 082-461-35 PARCEL 2 OF PARCEL MAP 79-273, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 152, PAGES 15 AND 16 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 6: PORTION OF APN 082-461-34 LOT 3 OF TRACT NO. 3351, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 110, PAGES 5, 6 AND 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION THAT LIES WITH THE BOUNDARIES OF THAT CERTAIN PARCEL MAP, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 45, PAGE 40 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 7: PORTION OF APN 082-461-34 LOT 4 OF TRACT NO. 3351, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 110, PAGES 5, 6 AND 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE MOST SOUTHERLY 50 FEET OF SAID LOT. PARCEL 8: APN 082-461-31 LOT 8 OF TRACT NO. 3351, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 110, PAGES 5, 6 AND 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE SOUTHERLY 58.536 FEET THEREOF. 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. 6545 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 1It day of November. 2022, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 15th day of November. 2022, by the following vote of the members thereof: AYES: Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, and Faessel NOES: Council Members Moreno and Valencia ABSENT: None ABSTAIN: None [Mayoral vacancy] IN WITNESS WHEREOF, I have hereunto set my hand this 16th of November. 2022. CITY CLE K OF THE CITY OF ANAHEIM (SEAL) ANAHEIM BULLETIN OiYNEWS See Proof on Next Page Anaheim Bulletin 1920 Main St. Suite 225 Irvine , California 92614 f714) 796-2209 200 S. Anaheim Blvd., Suite 217 Anaheim, California 92805 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County 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 County, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Irvine , County of Orange County, 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: 11/24/2022 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: Nov 24, 2022. Signature Ordinance No 6545 (5190168) - Page 1 of 2 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6545 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TOZONING (D E V2021-00123) (1200-1320SOUTH ANAHEIM BOULEVARD, 200 EAST BALL ROAD, AND 1207 SOUTH CLAUDINA STREET) This ordinance amends the Zoning Map of the City of Anaheim by rezoning or reclassifying certain real property generally located at 1200-1320 South Ananelm Boulevard, 200 East Ball Road, and 1207 South Claudina Street In the City of Anaheim, County of Orange, State of California, from the "C-G" General Commercial zone and South Anaheim Boulevard Corridor "SABC" Overlay zone to the "Mixed -Use (MU) Overlay" zone classification. I, Theresa Bass, City Clerk of the City of Anaheim, do hereby certify that the foregoing Is a summary of Ordinance No. 6545, which ordinance was Introduced at a regular meeting of the City Council of the City of Anaheim on the 1 st day of November, 2022 and was duly Passed and adopted at a regular meeting of sold Council on the 15 th day of November, 2022 by the fallowing roll call vote of the members thereof: AYES: Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Faessel NOES: Council Members Moreno and Valencia ABSENT. rNvvone U4 ATNE 1 vaC REVI The above summary is a brief description of the subject matter contained In the text of Ordinance No. 6545 which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not Include or descrlbeevery provision of the ordinance and should not be relied an 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. 147310(LAA Anaheim Bulletin Published: 11/24/22 Ordinance No 6545 (5190168) - Page 2 of 2 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. 6545 and was published in the Anaheim Bulletin on the 24t" day of November, 2022, pursuant to Section 512 of the City Charter of the City of Anaheim. Y C ERK OF THE CITY OF ANAHEIM (SEAL)