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6583ORDINANCE NO. 6 5 8 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING ORDINANCE NO. 6571 (DEVELOPMENT APPLICATION NO. 2019-0016 1) WHEREAS, the Planning Commission of the City of Anaheim 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 to increase the allowable Floor Area Ratio (FAR) to 1.08 (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 consists of two parcels: Assessor's Parcel Number (APN) 234-161-26 and APN 234-161-04; and WHEREAS, on February 27, 2024, the City Council approved a Mitigated Negative Declaration, Conditional Use Permits and a Minor Conditional Use Permit to permit the Proposed Project on the Property; and WHEREAS, in furtherance of the Proposed Project, on March 19, 2024, the City Council did adopt Ordinance No. 6571 approving a zoning reclassification of a portion of the subject Property, specifically APN 234-161-04, to apply the "C-G" General Commercial Zone consistent with the Property's General Commercial land use designation in the General Plan; and WHEREAS, on April 15, 2024, an entity entitled Supporters Alliance for Environmental Responsibility ("SAFER") filed a CEQA challenge to the City's approval of the Proposed Project; and WHEREAS, SAFER has agreed to dismiss its lawsuit if the City rescinds its approval of the Proposed Project; and WHEREAS, the applicant is now considering significant modifications to the Proposed Project, which will require a new application and CEQA review, and on May 6, 2024, the applicant submitted a letter requesting termination of the approvals for the Proposed Project; and WHEREAS, pursuant to Section 18.60.210 of the Anaheim Municipal Code, the City's Planning and Building Director terminated the Conditional Use Permits and Minor Conditional Use Permit for the Proposed Project on May 16, 2024; and WHEREAS, the City Council therefore desires to set aside its approval of the zoning reclassification of the Property, and repeal Ordinance No. 6571. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTTON 1 _ That Ordinance No. 6571 is hereby repealed. SECTION 2. 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 "I" Industrial Zone of the City of Anaheim. SF.CTTON 3- The City Zoning Map shall be, and the same is hereby, amended and the above -described portion of the subject 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 4. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid; it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 5. 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 8 day of June , 2024, and thereafter passed and adopted at a regular meeting of said City Council held on the r, day of July , 2024, by the following roll call vote: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: MAYOR OPTHF CITY OF ANAHEIM ATTEST: CIT RK OF THE CITY OF ANAHEIM 152158 EXHIBIT "A" DEV NO. 2019-00161 APN: 234-161-04 `r 234-161-26 PG 0 2 C` 0 N NJE 234-161-04 7 1g3, i h '142' 234-161-26 W BALL RD E BALL RD 0 v m is N N 791' �i o so 100 Source: Recorded Tract Maps and/or City GI& 1 Please note the accuracy is +/- two to five feet. Feet 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. 6583 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 18th day of June 2024, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 16111 day of July. 2024, by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 17th of July, 2024. FIV OF THE CITY OF ANAHEIM (SEAL) ANAHEIM BULLETIN n „m' See Proof on Next Page Anaheim Bulletin 1920 Main St. Suite 225 Irvine , California 92614 14 796-2209 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 Anaheim, 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: 07/2512024 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: Jul 25, 2024. ORD-6583 (5190168) - Page 1 of 2 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6583 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING ORDINANCE NO. 6571 (DEVELOPMENT APPLICATION NO.2019-00161) This ordinance repeals Ordinance No. 6571 (Development Application No. 2019-00161) and sets aside approval of the amendment to the Zoning Map referred to In Title 18 (Zoning) of the Anaheim Municipal Code to reclassify APN 234-161-04 from the "1" (industrial) Zone to the "C-G" (General Commercial) Zone. I, Theresa Bass, City Clerk of the City of Anaheim, do hereby certify that the foregoing Is a summary of Ordinance No. 6583, which ordinance was Introduced at a regular meeting of the City Council of the City of Anaheim on the 18th day of June, 2024 and was duly passed and adopted at a regular meeting of said Council on the 16th day of July, 2024 by the following roll call vote of the members thereof: AYES: Mayor Aitken and Council Member Kurtz. DIaZ, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None The above summary Is a brief description of the sublect matter contained In the text of Ordinance No. 6583 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. Anaheim Bulletin Published: 712SI24 ORD-6583 (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. 6583 and was published in the Anaheim Bulletin on the 25'" day of July, 2024, pursuant to Section 512 of the City Charter of the City of Anaheim. aITY RK OF THE CITY OF ANAHEIM (SEAL)