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Attachment 2 - Draft City Council Reclassification Ordinance [DRAFT] ATTACHMENT NO. 2 ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (DEV2019-00161) (125 EAST BALL ROAD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for a Reclassification and Conditional Use Permits, (collectively known as Development Application No. 2019-00161), to construct an approximately 67,715 square foot hotel with valet parking, and a detached 1,200 square foot walk-up/drive- through restaurant, and an increase in the allowable Floor Area Ratio (FAR) to 0.97 (the "Proposed Project"), for that certain real property located at 125 E. Ball Road 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 1.5 acres in size and consist of two parcels: Assessor’s Parcel Number (APN) 234-161-26 zoned “C-G” General Commercial and located in the “SABC” South Anaheim Boulevard Corridor Overlay Zone; and APN 234-161-04 zoned “I” Industrial and located in the “SABC” South Anaheim Boulevard Corridor Overlay Zone; and the entire Property is designated for General Commercial land uses in the General Plan; and WHEREAS, this Reclassification is proposed in conjunction with a request for (i) approval of a Conditional Use Permit to permit the construction of a an approximately 67,715 square foot hotel; (ii) approval of a Conditional Use Permit to permit the construction of 1,200 square foot walk-up/drive-through restaurant, (iii) approval of a Minor Conditional Use Permit to permit valet parking, and (iv) approval of a Conditional Use Permit to permit a Floor Area Ratio (FAR) of 0.97; and WHEREAS, the Planning Commission did hold a public hearing in the City of Anaheim on December 4, 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 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 Conditional Use Permits; and WHEREAS, upon receipt of Planning Commission recommendation, the City Council did fix the _______ day of ________________, 2023, as the time, and the City Council Chamber in - 2 - 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. ***-***, 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. 388 is the appropriate environmental documentation for the Proposed Project; as found and recommended by the Planning Commission; 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 APN 234-161-04 to apply the “C-G” General Commercial Zone is consistent with the Property’s General Commercial land use designation in the General Plan. 2. The proposed reclassification 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 commercial uses to the north and west. 3. The proposed reclassification 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 uses in the “C-G” General Commercial Zone and industrial uses in the “I” Industrial Zone; 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 a portion of the subject Property, as described above, to apply the “C-G” General Commercial Zone of the City of Anaheim. - 3 - 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 and Building 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 ______ day of _________________, 20___, and thereafter passed and adopted at a regular meeting of said City Council held on the ______ day of ______________, 20___, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: _________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM EXHIBIT B LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALJFORNIA, AND IS DESCRIBED AS FOLLOWS: APN 234-161-04: THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES 162 THROUGH 164, INCLUSIVE, OF "LOS ANGELES COUNTY MAPS", IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 25, SAID CORNER BEING ALSO THE INTERSECTION OF THE CENTERLINE OF LOS ANGELES STREET WITH THE SOUTH LINE OF SECTION 15, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S. B. B. AND M., AS SHOWN ON SAID MAP OF ANAHEIM EXTENSION; THENCE ALONG THE WESTERLY LINE OF SAID LOT 25 (CENTERLINE OF LOS ANGELES STREET) NORTH 15° 30' 00" WEST, A DISTANCE OF 417.85 FEET TO THE SOUTHERLY LINE OF THE LAND CONVEYED TO HERMAN HENRY BRUNS AND EDNA EMMA BRUNS, BY DEED RECORDED NOVEMBER 18, 1935 IN BOOK 792, PAGE 12 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE NORTH 74° 30' 00" EAST, A DISTANCE OF 512.43 FEET; THENCE SOUTH 0° 03' 00" EAST, A DISTANCE OF 539.27 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID SECTION 15; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89° 57' 00" WEST TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WESTERLY 300 FEET MEASURED AT RIGHT ANGLES TO THE WESTERLY LINE OF SAID LOT 25. ALSO EXCEPTING THEREFROM, THE SOUTH 30.00 FEET. ALSO EXCEPTING THE NORTHERLY 70.00 FEET. ALSO EXCEPTING THEREFROM ALL MINERALS AND ALL MINERAL RIGHTS OF EVERY KIND AND CHARACTER NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OIL, AND GAS RIGHTS THERETO, TOGETHER WITH THE SOLE, EXCLUSIVE AND PERPETUAL RIGHT TO EXPLORE FOR, REMOVE AND DISPOSE OF SAID MINERALS BY ANY MEANS OR METHODS SUITABLE BUT WITHOUT ENTERING UPON OR USING THE SURFACE OF THE FIRST 500 FEET DEPTH THEREOF, AS RESERVED BY MARION COLLINS AND DAVID COLLINS, IN DEED RECORDED DECEMBER 14, 1954 IN BOOK 2896, PAGE 207 OF OFFICIAL RECORDS.