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
(DEV2021-00195)
(2219 WEST ORANGE AVENUE)
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, and Tentative Tract Map No. 19192 (collectively known as “Development Application No. 2021-00195"), to construct 24 residential units, with 10-percent of the units affordable to moderate income buyers, (the "Proposed Project"), for that certain real property located at 2219 West Orange Avenue 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 2.4 acres in size, located in the “T” Transition zone, and is designated for “Corridor Residential” land uses by the General Plan; and WHEREAS, Tentative Tract Map No. 19192 proposes to subdivide the Property into Lot 1 (1.1 acres) containing the existing church building and surface parking and Lot 2 (1.3 acres) which would be developed with residential units; and
WHEREAS, this Reclassification is proposed in conjunction with a request for (i) a General Plan Amendment from the "Corridor Residential" to the "Low-Medium Density Residential" land use designation; (ii) approval of a Conditional Use Permit to permit the construction of a residential development consisting of 24 residential units, with 10-percent of the units affordable to moderate income buyers, with a density bonus; (iii) and Tentative Tract Map No. 19192 to permit a two-lot, 24 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 January 18, 2023, 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 Anaheim Municipal Code “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 a resolution approving the General Plan Amendment, Conditional Use Permit, and Tentative Tract Map No. 19192; and - 2 -
WHEREAS, upon receipt of Planning Commission recommendation, the City Council did fix the 28th day of February, 2023, 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. 2023-_____, 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. 386 is the appropriate environmental documentation for the Proposed Project; as found and recommended by the Planning Commission in Resolution 2023-002.
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 “RM-3” Multiple-Family Residential zone is consistent with the Property’s proposed Low-Medium Density Residential 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 in “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:
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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 “RM-3” Multiple-Family Residential 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 28th day of February, 2023, and thereafter passed and adopted at a regular meeting of said City Council held on the ______ day of ______________, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: _________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
EXHIBIT B
LEGAL DESCRIPTION
THE SOUTH 4 ACRES OF THE EAST 10 ACRES OF THE SOUTH 20 ACRES OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B. & M., AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THE EAST 200.00 FEET AND THE WEST 215.89 FEET THEREOF.
PORTION OF APN: 127-102-221