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Resolution-PC 2015-026RESOLUTION NO. PC2015 -026 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING RECLASSIFICATION NO. 2014 -00272 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. (DEV2014- 00033) (2848 AND 2901 -2905 EAST SOUTH STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified petition to approve proposed Reclassification No. 2014- 00272 to rezone that certain real property located at 2448 and 2901 -2905 East South 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 ") from the "RS -3" Single - Family Residential Zone and the "T" Transition Zone to the "RS -4" Single - Family Residential Zone for the purpose of allowing the applicant to construct a 20 -unit, detached, small -lot single - family residential project (herein referred to as the "Project'). Reclassification No. 2014 -00272 is proposed in conjunction with General Plan Amendment No. 2014 - 00497, Conditional Use Permit No. 2014 - 05769, Variance No. 2015- 05004, and Tentative Tract Map No. 17819, now pending, which, together with the Project, shall be referred to herein collectively as the "Proposed Project "; and WHEREAS, the Property is approximately 3.4 acres in size and is currently improved with two pump house buildings. A portion of the Property is located in the "RS -3" Single - Family Residential Zone. The remainder of the Property is located in the "T" Transition Zone. The Anaheim General Plan designates this Property for "Open Space ", "Parks" and "Low Density Residential" land uses; 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; 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. The MND was circulated for a 30 -day public review period from February 13, 2015 through March 15, 2015 and was also made available for review on the City's website at www.anaheim.net. A complete copy of the MND is on file and can be viewed in the City's Planning Department located on the First Floor at 200 S. Anaheim Blvd., Anaheim, California and is also available for purchase; and - 1 - PC2015 -026 WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring Plan ( "MMP No. 323") has been prepared for the proposed Project and includes mitigation measures that are specific to the proposed Project; and WHEREAS, by the adoption of a resolution concurrently with but prior in time to the adoption of this Resolution and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission approved and adopted the MND and MMP No. 323 for the Proposed Project. The MND, together with the Initial Study, MMP No. 323, and other materials which constitute the record of the proceedings upon which the decision of the Planning Commission was based are on file in the City's Planning Department; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 23, 2015 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 (the "Code "), to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; 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 the Property from the "RS -3" Single - Family Residential and "T" (Transition) Zones to the "RS -4" Single- Family Residential Zone is consistent with the proposed Low Density Residential land use designation proposed as part of General Plan Amendment No. 2014- 00497. 2. The proposed reclassification of the Property is necessary and /or desirable for the orderly and proper development of the site and is compatible with the surrounding single family residential properties. 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. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution 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 detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. -2- PC2015 -026 NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Reclassification No. 2014 -00272 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the "RS -4" Single - Family Residential Zone and recommends that the City Council adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2014- 00272, contingent upon and subject to the approval and adoption by the City Council of proposed General Plan Amendment No. 2014 - 00497, now pending. 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 March 23, 2015. ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on March 23, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 23` day of March, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2015 -026 EXHIBIT "A" DEV NO. 2014-00033 APN: 253 - 341 -03 253 - 271 -04 253 - 271 -03 253 - 341 -02 a 253- 341 -01 175' 2 71 25327103 i� av 68' 52' 508' z 10�, N 114' 40 25334103 25334102 25334101 (1 O 50 100 Source: Recorded Tract Maps and /or City GIS. F —t Please note the accuracy is +/- two to five feet. - 4 - PC2015 -026