Resolution-PC 2014-033RESOLUTION NO. PC2014 -033
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING RECLASSIFICATION NO. 2012 -00248 AND
RECOMMENDING THAT THE CITY COUNCIL AMEND THE
ZONING MAP OF THE ANAHEIM MUNICIPAL CODE TO REFLECT SAID
RECLASSIFICATION, AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH.
(DEV201 1 -00110)
(200 -282 NORTH LEMON STREET, 107 -127 WEST LINCOLN AVENUE AND
120 WEST CYPRESS STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition for reclassification, designated as Reclassification
No. 2012 - 00248, for that certain real property located at 200 -282 North Lemon Street, 107 -127
West Lincoln Avenue and 120 West Cypress 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 "). Reclassification No. 2012 -00248 is
proposed in conjunction with Conditional Use Permit No. 2012 -05597 to construct a mixed -use
project with 220 apartments and 18,000 square feet of commercial retail uses (the "Project "); and
WHEREAS, the Property is currently developed with a vacant two -story building
and a parking lot. Most of the Property is located in the C -G (General Commercial) Zone. A
portion of the Property is located in the T (Transition) Zone. The Anaheim General Plan
designates this Property for Mixed Use land uses; and
WHEREAS, the applicant requests to rezone that portion of the Property currently
located in the T (Transition) Zone to the C -G (General Commercial) Zone and to add the Mixed
Use (MU) Overlay Zone for the entire Property, which will apply in addition to and, where
inconsistent with, shall supersede the corresponding regulations of the underlying CG (General
Commercial) Zone; 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 Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines "), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the proposed Project, including Reclassification No. 2012- 00248;
and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's
Local CEQA Procedure Manual, a draft Mitigated Negative Declaration ( "MND ") was prepared
to evaluate the physical environmental impacts of the proposed Project, including
Reclassification No. 2012- 00248. The MND was circulated for a 30 -day public review period
from January 28, 2013 through February 26, 2013. A complete copy of the MND is on file and
can be viewed in the City's Planning Department and is also available for purchase; and
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WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's
Local CEQA Procedure Manual, a Mitigation Monitoring Program ( "MMP ") has been prepared
for the proposed Project and includes mitigation measures that are specific to the proposed
Project. The MMP is attached to a separate resolution adopted by this Planning Commission
concurrently with this Resolution in connection with Conditional Use Permit No. 2012- 05597;
and
WHEREAS, this Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on October 21, 2013 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 (herein referred to as the "Code "), to hear and consider
evidence for and against proposed Reclassification No. 2012 -00248 and Conditional Use Permit
No. 2012 -05597 and to investigate and make findings and recommendations in connection
therewith. The hearing was continued indefinitely to allow time to address issues raised during
the public hearing; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on April 21, 2014 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, to hear and consider evidence and testimony concerning
the contents and sufficiency of the MND and for and against the proposed Project and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, at said public hearing, the Planning Commission did receive
evidence and reports, including any written and verbal comments received during the public
review period concerning the contents and sufficiency of the MND and responses thereto; and
WHEREAS, based upon a review of the proposed Project and the MND, this
Planning Commission finds that (i) the MND reflects the independent judgment and analysis of
the City; (ii) it has considered the proposed MND and MMP together with any comments and
responses received during the public review process; (iii) potentially significant impacts of the
proposed Project, including proposed Reclassification No. 2012 - 00248, have been eliminated or
reduced to a level considered less than significant with the implementation of the mitigation
measures contained in the MMP; and (iv) there is no substantial evidence that the proposed
Project, including proposed Reclassification No. 2012 - 00248, will have a significant effect on
the environment; and
WHEREAS, the Planning Commission, after due 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 a portion of the Property from the T (Transition) Zone to
the CG (General Commercial) Zone and the entire Property to the Mixed Use (MU) Overlay
Zone is consistent with the Property's existing Mixed Use 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 surrounding
properties designated for Mixed Use land uses.
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3. The proposed reclassification of the Property does properly relate to the zone
and its permitted uses locally established within and in close proximity to the Property and to the
zones and their permitted uses generally established throughout the community.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby unconditionally approve Reclassification No. 2012 -00248 to authorize an amendment to
the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the
C -G (General Commercial) Zone and Mixed Use (MU) Overlay Zone.
BE IT FURTHER RESOLVED that this Resolution shall not constitute a
rezoning of, or a commitment by the City to rezone, the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of April 21, 2014.
CHAIR, ANAHEIM CITY PLAN G COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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 April 21, 2014, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 21S day of April, 2014
P
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NQ. 2031-00110
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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