ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM REPEALING
ORDINANCE NO. 6571
(DEVELOPMENT APPLICATION NO. 2019-00161)
WHEREAS, the Planning Commission of the City of Anaheim did receive a verified petition for a Reclassification and Conditional Use Permits (collectively known as Development Application No. 2019-00161), to construct an approximately 67,715 square foot hotel with valet parking and a detached 1,200 square foot walk-up/drive-through restaurant, and to increase the allowable Floor Area Ratio (FAR) to 1.08 (the "Proposed Project"), for that certain real property located at 125 E. Ball Road 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 1.5 acres in size and consists of two parcels:
Assessor’s Parcel Number (APN) 234-161-26 and APN 234-161-04; and WHEREAS, on February 27, 2024, the City Council approved a Mitigated Negative Declaration, Conditional Use Permits and a Minor Conditional Use Permit to permit the Proposed Project on the Property; and
WHEREAS, in furtherance of the Proposed Project, on March 19, 2024, the City Council did adopt Ordinance No. 6571 approving a zoning reclassification of a portion of the subject Property, specifically APN 234-161-04, to apply the “C-G” General Commercial Zone consistent with the Property’s General Commercial land use designation in the General Plan; and WHEREAS, on April 15, 2024, an entity entitled Supporters Alliance for Environmental Responsibility (“SAFER”) filed a CEQA challenge to the City’s approval of the Proposed Project; and
WHEREAS, SAFER has agreed to dismiss its lawsuit if the City rescinds its approval of the Proposed Project; and
WHEREAS, the applicant is now considering significant modifications to the Proposed Project, which will require a new application and CEQA review, and on May 6, 2024, the applicant submitted a letter requesting termination of the approvals for the Proposed Project; and WHEREAS, pursuant to Section 18.60.210 of the Anaheim Municipal Code, the City’s Planning and Building Director terminated the Conditional Use Permits and Minor Conditional Use Permit for the Proposed Project on May 16, 2024; and WHEREAS, the City Council therefore desires to set aside its approval of the zoning reclassification of the Property, and repeal Ordinance No. 6571.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Ordinance No. 6571 is hereby repealed.
SECTION 2.
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 a portion of the subject Property, as described above, to apply the “I” Industrial Zone of the City of Anaheim.
SECTION 3.
The City Zoning Map shall be, and the same is hereby, amended and the above-described portion of the subject 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 and Building 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 4.
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 5.
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 ______________, 2024, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2024, 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
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