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Resolution-PC 2011-062RESOLUTION NO. PC2011 -062 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A CEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING RECLASSIFICATION NO. 2011 -00243 (DEV2010- 00179) (3323 WEST BALL ROAD) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission ") did receive a verified Petition for Reclassification, designated as Reclassification No. 2011- 00243, for that certain real property situated at 3323 West Bail Road in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, this property is vacant and is located in the T (Transition) Zone and the Anaheim General Plan designates this property for Corridor Residential land uses; and WHEREAS, the applicant requests to rezone the property from the T (Transition) Zone to the RS -4 (Single - Family Residential) Zone; and WHEREAS, Reclassification No. 2011 -00243 is proposed in conjunction with Tentative Tract No. 17416, Conditional Use Permit No. 2011 -05565 and Variance No. 2011- 04858 to construct 13 single family homes with shorter driveway lengths and certain lots having reduced rear and side yard setback areas; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 29, 2011 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 the Anaheim Municipal Code, Chapter 18.60 "Procedures ", to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after clue inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. Reclassification of the subject property from the T (Transition) to the RS -4 (Single Family Residential) Zone is consistent with the property's existing Corridor Residential General plan land use designation. 2. The proposed reclassification of subject property is necessary and /or desirable for the orderly and proper development of the community and is compatible with the properties to the north which are designated for Low Density Residential and zoned Single Family Residential (RS -2); properties to the west which are designated for Corridor Residential and Low Density Residential and zoned RM -3 and RS -2; properties to the south across Ball PC2011 -062 Road which are designated for Low Density Residential and Corridor Residential and zoned RS- 2 and RM -2; and properties to the east which are designated for Low Density Residential and Residential Corridor and zoned RS -2 and CG . 3. The proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. NOW, THEREFORE, BE IT RESOLVED, the Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. BE IT FURTHER RESOLVED that the Planning Commission does hereby unconditionally approve Reclassification No. 2011 -00243 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the subject property into the RS -4 (Single- Family Residential) Zone. BE IT FURTHER RESOLVED that Reclassification No. 2011 -00243 is hereby approved subject to the approval of Conditional Use Permit No. 2011- 05565, Variance No. 201 1 - 04858, and Tentative Tract Map No. 17416, now pending. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. meeting of August 29, 2011. ATTEST: THE FOREGOING RESOLUTION was adopted at the Planning Commission CHAIRMAN, SECRETARY, ANAHEIM CITY PLANNING COMMISSION NAHEIM- CITY - LANNING COMMISSION 2 PC2011 -062 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 29, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 29 day of August, 2011. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2011 -062 EXHIBIT "A" DEV NO. 2010-00179 7 1 _1 1 _IL I APN: 079 - 454 -24 W DEERWOOD DR 1- LU to 0 1 as 1 ■ l W TERANIMAR DR W G LEN HOLLY DR 331.61' N- ti CO Cr) 331.64' W BALL RD W DEERWOOD DR W RAVENSWOOD DR Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. 4 PC2011 -062