Loading...
RES-2015-150 RESOLUTION NO. 2015 -150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING A MITIGATED NEGATIVE DECLARATION FOR PROPOSED GENERAL PLAN AMENDMENT NO. 2014 - 00497, RECLASSIFICATION NO. 2014 - 00272, CONDITIONAL USE PERMIT NO. 2014- 05769, VARIANCE NO. 2015 -05004 AND TENTATIVE TRACT MAP NO. 17819, 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 for an amendment to the Land Use Element of the General Plan ( "General Plan Amendment No. 2014 - 00497 "), Reclassification No. 2014- 00272, Conditional Use Permit No. 2014- 05769, Variance No. 2015 -05004 and Tentative Tract Map No. 17819 for certain real property commonly known as 2848 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 "), for the purpose of allowing the applicant to construct a 20 -unit detached small -lot, single - family residential project (the "Project"); and WHEREAS, the Property is approximately 3.4 acres in size and is located, in part, in the "RS -3" Single - Family Residential Zone and, in part, in the "T" Transition Zone. Portions of the Property are designated on the Land Use Element of the General Plan for "Open Space" land uses. The remainder of the Property is designated for "Parks" and "Low Density Residential" land uses on the Land Use Element of the General Plan; and WHEREAS, General Plan Amendment No. 2014 -00497 proposes to amend "Figure LU- 4: Land Use Plan" of the Land Use Element of the Anaheim General Plan to re- designate those portions of the Property designated as "Open Space" and "Parks" to "Low Density Residential" land uses so that the entirety of the Property will be designated for "Low Density Residential" land uses; and WHEREAS, Reclassification No. 2014 -00272 proposes to rezone or reclassify the Property from the from the "RS -3" Single - Family Residential Zone and the "T" Transition Zone to the "RS -4" Single- Family Residential Zone contained in Chapter 18.04 of the Anaheim Municipal Code (the "Code "); and WHEREAS, Conditional Use Permit No. 2014 -05769 proposes to permit the construction of the Project in accordance with the zoning and development standards of the "RS -4" Single - Family Residential Zone subject to certain conditions of approval; and WHEREAS, Variance No. 2014 -05004 proposes to permit the construction of the Project with driveway lengths less than permitted by the Code and a deviation from the City's private street standard pertaining to parkway widths; and WHEREAS, Tentative Tract Map No. 17819 proposes to permit the construction of the Project in accordance with the design and improvements of the subdivision, as shown on proposed Tentative Tract Map No. 17819; and WHEREAS, General Plan Amendment No. 2014 - 00497, Reclassification No. 2014- 00272, Conditional Use Permit No. 2014- 05769, Variance No. 2014- 05004, Tentative Tract Map No. 17819 and the Project, itself, shall be referred to herein collectively as the "Proposed Project "; 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; and WHEREAS, the City gave notice of its intent to adopt the MND to (a) the public pursuant to Section 15072(b) of the State CEQA Guidelines, (b) those individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the State CEQA Guidelines; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project (herein referred to as "MMP No. 323 "); and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, 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 the Anaheim Municipal Code, to consider the MND and to hear and consider evidence for and against the Proposed Project and related actions, and to investigate and make findings and recommendations in connection therewith; and 2 WHEREAS, at said public hearing, the Planning Commission did receive evidence and reports concerning the contents and sufficiency of the MND, and did adopt its Resolution No. PC2015 -025 containing a report of its findings, a summary of the evidence presented at said hearing, and finding and determining and also recommending that the City Council so find and determine that the MND and MMP No. 323 satisfy all of the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual and serves as the appropriate environmental documentation for the Proposed Project. Accordingly, the Planning Commission approved and adopted the MND; and WHEREAS, upon receipt of the Planning Commission's Resolution No. PC2015 -025 (relating to the MND and General Plan Amendment No. 2014 - 00497), Resolution No. PC2015- 026 (relating to Reclassification No. 2014 - 00272), and Resolution No. PC2015 -028 (relating to Conditional Use Permit No. 2014 -05769 and Variance No. 2015- 05004), and Resolution No. PC2015 -027 (relating to Tentative Tract Map No. 17819), a summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 21st day of April, 2015, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and for the purpose of considering the MND and MMP No. 323, and did give notice thereof in the manner and as provided by law; and WHEREAS, complete copies of the MND and MMP No. 323 were presented to the City Council for review and consideration at the meeting at which this Resolution was adopted. Complete copies of the MND and MMP No. 323 are 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 are also available for purchase; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments (if any) of all persons desiring to be heard, the City Council considered all factors relating to the Proposed Project and the MND and MMP No. 323, and the recommendations of the Planning Commission; and WHEREAS, the City Council intends and desires to use the MND and MMP No. 323 as the environmental documentation required by CEQA, the State CEQA Guidelines and the City's Local CEQA Procedure Manual for the Proposed Project; 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 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 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, BE IT RESOLVED that the City Council, pursuant to the above findings and based upon a thorough review of the Negative Declaration and the evidence received to date, does find and determine as follows: 3 1. That the MND has been prepared in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual and, together with MMP No. 323, serves as the appropriate environmental documentation for the Proposed Project. 2. That the City Council has carefully reviewed and considered the information contained in the MND (including the Initial Study and any comments received during the public review period) prior to acting upon the Proposed Project. 3. Based upon the record before it, the City Council finds that the Proposed Project will have a less than significant impact upon the environment with the implementation of the mitigation measures contained in MMP No. 323 and that the MND reflects the independent judgment and analysis of the City Council and the City of Anaheim. 4. The MND and MMP 323 are hereby approved and adopted. 5. 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 City Council is based are on file in the Planning Division of the City of Anaheim located on the First Floor at 200 S. Anaheim Blvd., Anaheim, California. 6. City staff is authorized and directed to file with the Clerk of the County of Orange a Notice of Determination following adoption of this Resolution in accordance with Section 15075(a) of the State CEQA Guidelines. /// /// /// /// /// /// /// /// /// /// 4 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21 s relay of April , 2015, by the following roll call vote: AYES: Mayor Pro Tem Kring, Council Members Murray, Brandman and Vanderbilt NOES: None ABSENT: Mayor Tait ABSTAIN: None CITY OF ANAHEIM MA OR OF THE CITY OF HEIM ATTEST ladAAL CIT CLERK OF TH CITY OF A AHEIM 108691/TJR 5