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
(RECLASSIFICATION NO. 2021-00336)
(DEV2020-00248)
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 1661-1673 West Broadway 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 reclassify the property from “C-G” General Commercial zone to “RM-3.5” Multiple-Family Residential zone, which reclassification is designated as Reclassification No. 2021-00336; and WHEREAS, the Property is approximately 1.55 acres in size, and is currently developed with commercial office buildings. The project site is located in the “C-G” Transition zone, and is designated for “Office – Low” land uses by the General Plan; and WHEREAS, Reclassification No. 2021-00336 is proposed in conjunction with a request for (i) General Plan Amendment No. 2021-00536; (ii) approval of Conditional Use Permit No. 2021-06097 to permit the construction of a residential development consisting of 34 single-family attached residential units with modified development standards; (iii) Tentative Tract Map No. 19141 to permit a 1-lot, 34 unit attached single-family residential subdivision of the Property for condominium purposes, and (iv) approval of a Development Agreement to provide the Developer a vested right to develop the Project in accordance with General Plan Amendment No. 2021- 00536, Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097, and Tentative Tract Map No. 19141 for the term of the Development Agreement, and in return the developer would provide funding for City’s affordable housing programs. General Plan Amendment No. 2021-00536, Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097, Tentative Tract Map No. 19141, and the Development Agreement, 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 CEQA Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, a draft Initial Study in support of a Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's CEQA Procedures to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 20-day public/responsible agency review on May 5, 2022, and - 2 -
was also made available for review on the City’s web page, with hard copies available at City Hall and the Anaheim Public Library, and it was uploaded digitally with the Office of Planning and Research’s CEQAnet database; and
WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring and Reporting Program has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project (herein referred to as "MMRP No. 381"); 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, the Planning Commission did hold a public hearing in the City of Anaheim on July 6, 2022 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 CEQA Procedures, 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 contained in MMRP No. 381, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMRP No. 381; 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. 2021-00336, 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 General Plan Amendment No. 2021-00536, Conditional Use Permit No. 2021-06097, Tentative Tract Map no. 19141; and, (2) an ordinance approving the Development Agreement; and WHEREAS, upon receipt of Planning Commission recommendation, made by motion, the City Council did fix the ___ day of _____, 2022, 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
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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 from “C-G” General Commercial zone to the “RM-3.5” Multiple-Family Residential zone is consistent with the Property’s proposed Mid Density 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 “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:
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 the “RM-3.5” Multiple-Family Residential zone from the “C-G” General Commerical 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. - 4 -
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 ______________, 2022, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
_________________________________
MAYOR PRO TEM OF THE CITY OF
ANAHEIM
ATTEST:
_____________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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EXHIBIT B
LEGAL DESCRIPTION