Loading...
6500 ORDINANCE NO. 6 5 0 0 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. 2019-00324) (DEV2019-00087) 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 1122 North Anaheim Boulevard 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 apply "MU" Mixed-Use Overlay Zone to the existing "I" Industrial base zone, which reclassification is designated as Reclassification No. 2019-00324; and WHEREAS, the Property is approximately 4.5 acres in size, and is currently developed with an automobile tow yard facility. The project site is located in the "I" Industrial zone, and is designated for Mixed-Use High land uses by the General Plan; and WHEREAS, Reclassification No. 2019-00324 is proposed in conjunction with a request for (i) approval of Conditional Use Permit No. 2019-06040 to permit the construction of a residential development consisting of 269 residential units (apartments) with a 1,600 square-foot leasing office and a parking structure, with modified development standards; and (ii) approval of Development Agreement No. 2020-00003 to provide the Developer a vested right to develop the Project in accordance with Reclassification No. 2019-00324 and Conditional Use Permit No. 2019-06040 for the term of the Development Agreement, and in return the developer would provide funding for City's affordable housing programs. Reclassification No. 2019-00324, Conditional Use Permit No. 2019-06040, Development Agreement No. 2020-00003, 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 Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration was prepared to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 30-day public/responsible agency review on August 6, 2020, and was also made available for review on the City's website at www.anaheim.net. On March 16, 2020,the Anaheim City Council approved a resolution proclaiming the existence of a local emergency regarding Novel Coronavirus (COVID-19), and in conjunction with this action closed the City Hall and the Public Libraries to public access. Therefore the IS/MND was not available in these locations, but was made available for purchase; and - 1 - WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project (herein referred to as "MMP No. 373"); 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, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act-related provisions of Executive Order N- 25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body; and WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a teleconferencing public hearing in the City of Anaheim on September 28,2020 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 Local CEQA Procedure Manual, 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 attached to that concurrent Resolution and contained in MMP No. 373, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 373; 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. 2019-00324, 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 Conditional Use Permit No. 2019-06040; and, (2) an ordinance approving Development Agreement No. 2020-00003; and WHEREAS, upon receipt of Planning Commission recommendation, made by motion,the City Council did fix the 27th day of October, 2020, 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 apply "MU" Mixed-Use Overlay zone to the existing "I" Industrial zone is consistent with the Property's proposed Mixed-Use High 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 a mix of commercial, light industrial, and mixed-use residential 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 uses in "C-G" General Commercial zone, light industrial uses (i.e. offices, warehouses) in "I" Industrial zone, and mixed-use residential uses in "MU" Mixed-Use Overlay zone. 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 apply "MU" Mixed-Use Overlay zone over the existing "I" Industrial 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. - 3 - 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 2 7 day of October , 2020, and thereafter passed and adopted at a regular meeting of said City Council held on the 10 day of November ,2020, by the following roll call vote: AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring, and O'Neil NOES: Council Member Moreno ABSENT: None ABSTAIN:None CITY OF ANAHEIM AA4JA i A Y i ' O. TH 1 I Fr OF A.1 AHEIM ATTEST: ..------- b ,, CITY CLERK OF 1 HE CITY OFA - HEIM 139606 - 4 - EXHIBIT "A" 019-G0087 DEN/ N -0' 2 i i I APN: 035"°1°-51 W CARL KARCHER WAY 1111 IIIIII co -- ' - .--:...27:'/-° "':' ' 4, '0,..1 • , z ,'. ,. • _= : -., , .., r 1 -..,'- .. -. 14,44 mi:41.1111 kor • -74 A kik • • 1 o 4 1 A., ) W LA AVE is. et Maps priWor 0.1y feel. . s rce:Recorded TraEs./..two to lie ,----, SoU note the accuracy Please PALMA ., ......___ ____r .E LA PALMA AVE ico 03 Ir=111111111 ,,,....k - 5 - 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.6500 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 27th day of October, 2020, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 10th day of November, 2020, by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring and O'Neil NOES: Council Member Moreno ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of November, 2020. CITY CLRK OF THE CITY OF ANAHEIM (SEAL) Anaheim Bulletin PROOF OF PUBLICATION 2190 S.Towne Centre Place Suite 100 Anaheim, CA 92806 Legal No. 0011424420 714-796-2209 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO.6500 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE 5190168 RELATING TO ZONING. (RECLASSIFICATION NO.2019-00324) ANAHEIM,CITY OF/CLERKS OFF (DEV2019 00087) 200 S ANAHEIM BLVD STE 217 This ordinance amends the Zoning Map of the City of Anaheim by rezoning or reclassifying certain real ANAHEIM, CA 92805-3820 property generally located at 1122 North Anaheim Boulevard in the City of Anaheim, County of Orange, State of California to apply "MU"Mixed-Use Overlay Zone to the existing"I"Industrial base zone. I,Theresa Bass,City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Or- dinance No.6500,which ordinance was introduced at a FILE NO. ORDINANCE NO. 6500 regular meeting of the City Council of the City of Ana- heim on the 27th day of October, 2020 and was duly passed and adopted at a regular meeting of said Coun- AFFIDAVIT OF PUBLICATION cil on the 10th day of November, 2020 by the following roll call vote of the members thereof: STATE OF CALIFORNIA, AYES: Mayor Sidhu and Council Members Faessel, Barnes,Brandman,Kring,and O'Neil SS. NOES:Council Member Moreno County of Orange ABSENT: None ABSTAIN: None The above summary is a brief description of the sub- I am a citizen of the United States and a resident of the which has beenspreparedspursuant o Ordinance 512 of the County aforesaid; I am over the age of eighteen years,and notaincludes or d c be'evei y provision of the and- not a party to or interested in the above-entitled matter. I Hance and should not be relied on as a substitute for the full text of the ordinance. am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of To obtain a copy of the full text of the ordinance, J 9please contact the Office of the City Clerk, (714) 765- general circulation by the Superior Court of the County of r6i6dayetTherne Or%cn gef ortn cop Monday through Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Published Anaheim Bulletin Nov.19,2020 11424420 Orange, 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: 11/19/2020 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: November 19,2020. eivalAi j Signature r.LP1-12115/16 1 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. 6500 and was published in the Anaheim Bulletin on the 19th day of November, 2020, pursuant to Section 512 of the City Charter of the City of Anaheim. E K OF THE CITY OF ANAHEIM (SEAL)