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
(DEV2021-00123)
(1200-1320 SOUTH ANAHEIM BOULEVARD,
200 EAST BALL ROAD, AND 1207 SOUTH CLAUDINA STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for a General Plan Amendment, Reclassification, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19140 (collectively known as Development Application No. 2021-00123), to construct 223 residential units and 4,586 square feet of commercial space, with 10-percent of the units affordable to moderate income buyers, and a housing incentive to allow a reduced parking ratio (the "Proposed Project"), for that certain real property located at 1200 - 1320 South Anaheim Boulevard, 200 E.
Ball Road, and 1207 S. Claudina Street 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 8.3 acres in size, and is currently developed with commercial buildings. The project site is located in the “C-G” General Commercial zone and South Anaheim Boulevard Corridor “SABC” Overlay zone, and is designated for “General Commercial” land uses by the General Plan; and
WHEREAS, this Reclassification is proposed in conjunction with a request for (i) a General Plan Amendment; (ii) approval of a Conditional Use Permit to permit the construction of a residential development consisting of 223 residential units and 4,586 square feet of commercial space, with 10-percent of the units affordable to moderate income buyers, with an affordable housing development incentive and a density bonus; (iii) a Minor Conditional Use Permit to permit a coordinated sign program and the installation of murals throughout the development site, (iv) and Tentative Tract Map No. 19140 to permit a 1-lot, 223 unit residential subdivision of the Property for condominium purposes; and
WHEREAS, the Planning Commission did hold a public hearing in the City of Anaheim on October 10, 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 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 (1) a resolution approving the General Plan - 2 -
Amendment, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19140; and
WHEREAS, upon receipt of Planning Commission recommendation, the City Council did fix the 1st day of November, 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 WHEREAS, by Resolution No. 2022-____, 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. 384 is the appropriate environmental documentation for the Proposed Project; as found and recommended by the Planning Commission in Resolution 2022-085.
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 the “Mixed-Use (MU) Overlay” zone is consistent with the Property’s proposed Mixed-Use Mid 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 industrial uses in “I” Industrial 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:
- 3 -
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 the “Mixed-Use (MU) Overlay” 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.
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 1st day of November, 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
By: _________________________________
MAYOR PRO TEM 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 CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1: APN 082-461-25
LOT 1 OF TRACT NO. 3351, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 110, PAGES 5, 6 AND 7 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THE EAST 30 FEET THEREOF.
PARCEL 2: PORTION OF APN 082-461-23
THE EASTERLY 30 FEET OF LOT 1 OF TRACT NO. 3351, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 110, PAGES 5, 6 AND 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 3: PORTION OF APN 082-461-23
PARCEL 1 OF PARCEL MAP 79-273, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 152, PAGES 15 AND 16 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 4: PORTIONS OF APN 082-461-24 AND 082-461-35
PARCEL 2 OF THAT CERTAIN PARCEL MAP, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 45, PAGE 40 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 5: PORTIONS OF APN 082-461-24 AND 082-461-35
PARCEL 2 OF PARCEL MAP 79-273, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 152, PAGES 15 AND 16 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 6: PORTION OF APN 082-461-34
LOT 3 OF TRACT NO. 3351, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 110, PAGES 5, 6 AND 7 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION THAT LIES WITH THE BOUNDARIES OF
THAT CERTAIN PARCEL MAP, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 45, PAGE 40 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 7: PORTION OF APN 082-461-34
LOT 4 OF TRACT NO. 3351, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 110, PAGES 5, 6 AND 7 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THE MOST SOUTHERLY 50 FEET OF SAID LOT.
PARCEL 8: APN 082-461-31
LOT 8 OF TRACT NO. 3351, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 110, PAGES 5, 6 AND 7 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THE SOUTHERLY 58.536 FEET THEREOF.