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6554ORDINANCE NO. 6554 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (DEV2021-00195) (2219 WEST ORANGE AVENUE) 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, and Tentative Tract Map No. 19192 (collectively known as "Development Application No. 2021-00195 "), to construct 24 residential units, with 10-percent of the units affordable to moderate income buyers, (the "Proposed Project"), for that certain real property located at 2219 West Orange 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"); and WHEREAS, the Property is approximately 2.4 acres in size, located in the "T" Transition zone, and is designated for "Corridor Residential" land uses by the General Plan; and WHEREAS, Tentative Tract Map No. 19192 proposes to subdivide the Property into Lot 1 (1.1 acres) containing the existing church building and surface parking and Lot 2 (1.3 acres) which would be developed with residential units; and WHEREAS, this Reclassification is proposed in conjunction with a request for (i) a General Plan Amendment from the "Corridor Residential" to the "Low -Medium Density Residential" land use designation; (ii) approval of a Conditional Use Permit to permit the construction of a residential development consisting of 24 residential units, with 10-percent of the units affordable to moderate income buyers, with a density bonus; (iii) and Tentative Tract Map No. 19192 to permit a two -lot, 24 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 January 18, 2023, 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 Anaheim Municipal Code "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 a resolution approving the General Plan Amendment, Conditional Use Permit, and Tentative Tract Map No. 19192; and WHEREAS, upon receipt of Planning Commission recommendation, the City Council did fix the 28th day of February, 2023, 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. 2023- 01 1 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. 386 is the appropriate environmental documentation for the Proposed Project; as found and recommended by the Planning Commission in Resolution 2023-002. 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 "RM-3" Multiple -Family Residential zone is consistent with the Property's proposed Low -Medium Density Residential 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 in "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: -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 Lot 2 (1.3 acres) of the subject Property, as described above, to apply the "RM-3" Multiple -Family Residential 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 28th day of February, 2023, and thereafter passed and adopted at a regular meeting of said City Council held on the _ 7 day of March , 2023, by the following roll call vote: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None L:CLAKOF THE CITY OF ANAHEIM 148193 CITY OF ANAHEIM By: AYOR THE CITY OF ANAHEIM -3- EXHIBIT "A" DEV NO.2021-00195 APN: 127-10-221 IVR�MM �R LLTHfRfSgglr f H S THISTLE RD 460' N d' N: Z 0 cm N Y wi O W O 460' � dp s W ORANGE ,.............� AVE z a � Y w m z a W CLEARBROOK LN o so ioo Source: Recorded Tract Maps and/or City GIS. wr-I Please note the accuracy is +/- two to five feet. Feet EXHIBIT B LEGAL DESCRIPTION THE SOUTH 4 ACRES OF THE EAST 10 ACRES OF THE SOUTH 20 ACRES OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B. & M., AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THE EAST 200.00 FEET AND THE WEST 215.89 FEET THEREOF. PORTION OF APN: 127-102-221 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. 6554 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 28m day of February. 2023, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 71 day of March. 2023, by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 8th of March, 2023. CITY CLE K OF THE CITY OF ANAHEIM (SEAL) ANAHEIM BULLETIN TMrN� See Proof on Next Page Anaheim Bulletin 1920 Main St. Suite 225 Irvine , California 92614 (714) 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: 03/1612023 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: Mar 16, 2023. N-k Signature ORD-6554 (5190168) - Page 1 of 2 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6554 AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TOZONING D E V2021-00195) (2219W STORANGEAVENUE) This ordinance amends the Zoning Map of the City of Anaheim by rezoning or reclassifying certain real property consisting of approximately 1.3 acres and commonly referred to as Lott of Tentative Tract Map No. 19192 and generally located at 2219 West Orange Avenue In the City of Anaheim, County of Orange, State of California, from the "T" Transitlon zone to tyre "RM-3" Multiple-Fam) ly 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. 6554, which ordinance was Introduced at a regular meeting of the City Council of the CIN of Anaheim on the 28th day of February, 2023 and was duly passed and adopted at a regular meeting of said Council on the 7th day of March, 2023 by the following roll call vote of the members thereof: AYES: Mayor AltKen and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None The above summary Is a brief description of the subject matter contained in the text of Ordinance No. 6554 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 rellea on as a substitute for the ful I 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. 148183/LM Anaheim Bullefin Published: 3/16/23 ORD-6554 (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. 6554 and was published in the Anaheim Bulletin on the 16t" day of March, 2023, pursuant to Section 512 of the City Charter of the City of Anaheim. LCITY LERK OF THE CI OF ANAHEIM (SEAL)