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Resolution-PC 2015-095RESOLUTION NO. PC2015-095 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVE AND ADOPT A MITIGATED NEGATIVE DECLARATION FOR PROPOSED GENERAL PLAN AMENDMENT NO. 2015-00502, RECLASSIFICATION NO. 2015-00279, CONDITIONAL USE PERMIT NO. 2015-05796, VARIANCE NO. 2014-05011 AND TENTATIVE TRACT MAP NO. 17879 (DEV2015-00041) (4540 EAST RIVERDALE AVENUE) 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. 2015-00502"), Reclassification No. 2015-00279, Conditional Use Permit No. 2015-05796, Variance No. 2014-05011 and Tentative Tract Map No. 17879 for certain real property commonly known as 4540 East Riverdale Avenue 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 75 detached, small lot single-family residences (the "Project"); and WHEREAS, the Property is approximately 12.1 acres in size and is located in the "T" Transition Zone, which is a zone under the Zoning Code that includes "land that is used for agricultural uses, in a transitory or interim use, restricted to limited uses because of special conditions, or not zoned to one of the zoning districts in this title for whatever reason, including recent annexation." The Property is also located within the Scenic Corridor (SC) Overlay Zone meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Anaheim Municipal Code (the "Code") shall apply. The Property is designated on the Land Use Element of the General Plan for "School" uses; and WHEREAS, General Plan Amendment No. 2015-00502 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 "School" 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. 2015-00279 proposes to rezone or reclassify the Property from the "T" Transition Zone to the "RS -4" Single -Family Residential Zone, which, combined with the Scenic Corridor (SC) Overlay Zone, means that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code shall apply in addition to, and, where inconsistent therewith, shall supersede any regulations of the "RS -4" Single -Family Residential Zone; and WHEREAS, Conditional Use Permit No. 2015-05796 proposes to permit the construction of the Project with modified development standards, i.e., a reduction in the rear yard setback requirements of the "RS -4" Single -Family Residential Zone for Lots No. 4, 7, 10, 11 and 27; and - 1 - PC2015-095 WHEREAS, Variance No. 2014-05011 proposes to permit a deviation of the sound attenuation standards permitted by the Code pertaining to the maximum exterior noise level within the rear yard of any single-family residential lot located within 600 feet from a freeway; and WHEREAS, Tentative Tract Map No. 17879 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. 17879; and WHEREAS, General Plan Amendment No. 2015-00502, Reclassification No. 2015-00279, Conditional Use Permit No. 2015-05796, Variance No. 2015-05011, Tentative Tract Map No. 17879, and the Project 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 the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; 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, a draft Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 20 -day public/responsible agency review on October 22, 2015 and was also made available for review on the City's website at www.anaheim.net. A complete copy of the Mitigated Negative Declaration is on file and can be viewed in the Planning and Building Department of the City located on the First Floor at 200 S. Anaheim Blvd., Anaheim, California. Copies of said document are also available for purchase; and WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration 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. 324"). A complete copy of MMP No. 324 is on file and can be viewed in the Planning and Building Department of the City; and - 2 - PC2015-095 WHEREAS, the City intends and desires to use the Mitigated Negative Declaration 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 Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on November 16, 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 Code, to consider the Mitigated Negative Declaration 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 WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMP No. 324 and the comments received to date and the responses prepared, staff finds that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to this Resolution and contained in MMP No. 324; and WHEREAS, the Planning Commission, based upon a thorough review of the Mitigated Negative Declaration and related documents and the evidence received concerning the Mitigated Negative Declaration, does find and determine as follows: 1. That the Mitigated Negative Declaration 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. 324, serves as the appropriate environmental documentation for the Proposed Project; 2. That the Planning Commission has carefully reviewed and considered the information contained in the Mitigated Negative Declaration (including the Initial Study and any comments received during the public review period) prior to acting upon the Proposed Project; and 3. Based upon the record before it (including the Initial Study and any comments received), the Planning Commission 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. 324 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission and the City of Anaheim. 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. -3 - PC2015-095 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, pursuant to the above findings and based upon a thorough review of the Mitigated Negative Declaration and the evidence received to date, does hereby recommend that the City Council carefully review and consider the information contained in the Mitigated Negative Declaration (including the Initial Study and any comments received during the public review period) prior to acting upon the Proposed Project and find and determine as follows: 1. That the Mitigated Negative Declaration 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. 324, serves as the appropriate environmental documentation for the Proposed Project; 2. Based upon the record before it (including the Initial Study and any comments received), 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. 324 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council; 3. That the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 324; and 4. Authorize and direct City staff to file with the Clerk of the County of Orange a Notice of Determination in accordance with Section 15075(a) of the State CEQA Guidelines. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 16, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHXAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-095 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 November 16, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of November, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-095 N: 359-011-83 EXHIBIT "A" DEV NO. 2015-00041 © o sooioo Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. - 6 - PC2015-095