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6522ORDINANCE NO. 6 5 2 2 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.040.020 (INTENT OF INDIVIDUAL ZONES) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE TO CLARIFY THAT THE "RS-4" SINGLE-FAMILY RESIDENTIAL ZONE MAY BE USED TO IMPLEMENT THE CORRIDOR RESIDENTIAL GENERAL PLAN LAND USE DESIGNATION FOR PROJECTS WITH PROPOSED DENSITIES THAT ARE NO GREATER THAN 13 DWELLING UNITS PER ACRE (DEVELOPMENT PROJECT NO. 2019-00139) WHEREAS, pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS, the City Council of the City of Anaheim (the "City Council") did receive a verified petition to amend Anaheim Municipal Code Section 18.04.020 (Intent of Individual Zones) to clarify that the "RS-4" Single -Family Residential Zone may be used to implement the Corridor Residential General Plan land use designation for projects with proposed densities that are no greater than 13 dwelling units per acre; and WHEREAS, the Zoning Code Amendment is proposed in conjunction with (i) approval of a reclassification to reclassify the property located at 910 South Western Avenue from the `.`T" Transition zone to the "RS-4" Single -Family Residential Zone, (ii) approval of a conditional use permit to permit the construction of 12 detached single-family residences, and (iii) approval Tentative Tract Map No. 17944 to establish a 12-unit small lot subdivision for 12 detached single- family homes. Development Project No. 2019-00130 including the zoning code amendment, reclassification, conditional use permit, and Tentative Tract Map No. 17944, 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 Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Project qualifies for a Class 32 — In -Fill Development Project Categorical Exemption under the California Environmental Quality Act (CEQA) (Public Resources Code, Sections 21000-21189.57) as set forth in Section 15332 of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 15000-15387); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 6, 2021, 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 - 1 - hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, the Planning Commission did find and determined and recommended that the City Council also find and determine that based on the analysis in the CEQA Class 32 Categorical Exemption Environmental Checklist, the Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act and no further environmental review is required; 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 Zoning Code Amendment (Development Project No. 2019-00139), 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 reclassification associated with Development Project No. 2019-00139 to reclassify the property located at 910 South Western Avenue from the "T" Transition zone to the "RS-4" Single Family Residential Zone; and WHEREAS, upon receipt of a summary of evidence and a report of the findings and recommendations of the Planning Commission, the City Council did fix the 11 day of Jan. 2022, as the time, and the City Council Chamber in the Civic Center, as the place, for a public meeting on the Proposed Project and for the purpose of considering evidence for and against the Proposed Project, and did give notice thereof in the manner and as provided by law; and WHEREAS, the City Council finds and determine that based on the analysis in the CEQA Class 32 Categorical Exemption Environmental Checklist, the Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act and no further environmental review is required; and WHEREAS, the City Council determines that this ordinance is a matter of City-wide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. 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. -2- NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 18.04.020 (Intent of Individual Zones) of Chapter 18.04 (Single - Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.04.020 INTENT OF INDIVIDUAL ZONES. The single-family residential zones consist of the following. .010 "RH-l" Single -Family Hillside Residential Zone. The intent of the "RH-1" Single - Family Hillside Residential Zone is to provide an attractive, safe, and healthy environment of a spacious and semi -rural character, with single-family dwelling units on a minimum lot size of forty three thousand five hundred sixty (43,560) square feet. This zone implements the Estate Residential land use designation in the General Plan. .020 "RH-2" Single -Family Hillside Residential Zone. The intent of the "RH-2" Single - Family Hillside Residential Zone is to provide an attractive, safe, and healthy environment of a spacious and semi -rural character, with single-family dwelling units on a minimum lot size of twenty two thousand (22,000) square feet. This zone implements the Estate Residential land use designation in the General Plan. .030 "RH-3" Single -Family Hillside Residential Zone. The intent of the "RH-3" Single - Family Hillside Residential Zone is to provide an attractive, safe, and healthy environment in keeping with the natural amenities and scenic resources of the area, with single-family dwelling units on a minimum lot size of ten thousand (10,000) square feet. This zone implements the Low Density Residential land use designation in the General Plan. .040 "RS-1" Single -Family Residential Zone. The intent of the "RS-1" Single -Family Residential Zone is to provide an attractive, safe, and healthy environment with single-family dwelling units on a minimum lot size of ten thousand (10,000) square feet. This zone implements the Low Density Residential land use designation in the General Plan. .050 "RS-2" Single -Family Residential Zone. The intent of the "RS-2" Single -Family Residential Zone is to provide an attractive, safe, and healthy environment with single-family dwelling units on a minimum lot size of seven thousand two hundred (7,200) square feet. This zone implements the Low Density Residential land use designation in the General Plan. .060 "RS-3" Single -Family Residential Zone. The intent of the "RS-3" Single -Family Residential Zone is to provide an attractive, safe, and healthy environment with single-family dwelling units on a minimum lot size of five thousand (5,000) square feet. This zone implements the Low Density Residential and Low -Medium Hillside Density Residential land use designations in the General Plan. .070 "RS-4" Single -Family Residential Zone. The intent of the "RS-4" Single -Family Residential Zone is to provide for and encourage the development of high -quality residential units on small lots, in order to provide additional housing choices and use land efficiently. This zone implements the Corridor Residential land use designation in the General Plan for projects with proposed densities that are no greater than 13 dwelling units per acre, and the Low -Medium Density Residential and Low -Medium Hillside Density land use designations in the General Plan. SECTION 2. SEVERABILITY -3- 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 3. CERTIFICATION 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. SECTION 4. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 11 day of January 2022, and thereafter passed and adopted at a regular meeting of said City Council held on the 2 5 day of January 2022, by the following roll call vote: AYES: Mayor Sidhu..and Council Members O'Neil, Diaz, Ma'ae, Moreno, Valencia, and Faessel NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM ATTEST: TY CL RK OF THE CITY OF ANAHEIM -4- STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM CLERK'S CERTIFICATE ss. I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6522 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 11th day of January, 2022, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 25th day of January, 2022, by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members O'Neil, Diaz, Ma'ae, Moreno, Valencia, and Faessel NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 27" of January, 2022. CITY C RK OF THE CITY OF ANAHEIM (SEAL) Anaheim Bulletin 1771 S. Lewis Street Anaheim, CA 92805 714-796-2209 5190168 ANAHEIM,CITY OF/CLERKS OFF 200 S ANAHEIM BLVD STE 217 ANAHEIM, CA 92805-3820 FILE NO. Ordinance# 6522 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, SS. County of Orange 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. 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, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of 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: 02/03/2022 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: February 03, 2022. Signature PROOF OF PUBLICATION Legal No. 0011615156 r.LP1-12116/16 SUMMARY PUBLICATION CITY OF ANAHE IM ORDINANCE NO. 6522 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.040.020 (INTENT OF INDIVIDUAL ZONES) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE TO CLARIFY THAT THE "RS-4" SINGLE- FAMILY RESIDENTIAL ZONE MAY BE USED TO IMPLEMENT THE CORRIDOR RESIDENTIAL GENERAL PLAN LAND USE DESIGNATION FOR PROJECTS WITH PROPOSED DENSITITES THAT ARE GREATER THAN 13 DWELLING UNITS PER ACRE (DEVELOPMENT PROJECT NO.2019-00139) This ordinance amends Section 18.040.020 (Intent of Individual Zones) of Title 18 (Zoning) of the Anaheim Municipal Code to clarify that the "RS-4" Single -Family Residential Zone may be used to implement the Corridor Residential General Plan land use designation for proiects with proposed densities that are no greater than 13 dwelling units per acre. I, Theresa Bass, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 6522, which ordinance was introduced at a regular meeting of the City Council of the City of Anaheim on the 11th day of January, 2022 and was duly passed and adopted at a regular meeting of said Council on the 25th day of January, 2022 by the following roll call vote of the members thereof: AYES: Mayor Sidhu and Council Members O'Neil, Diaz, Ma'ae, Moreno, Valencia, and Foessel NOES: None ABSENT: None ABSTAIN: None The above summary is a brief description of the subiect matter contained in the text of Ordinance No. 6522 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. 144653/LM Published Anaheim Bulletin Feb. 3, 2022 11515156 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. 6522 and was published in the Anaheim Bulletin on the 31d day of February, 2022, pursuant to Section 512 of the City Charter of the City of Anaheim. CITY C ERK OF THE CITY OF ANAHEIM (SEAL)