Resolution-PC 2015-092RESOLUTION NO. PC2015-092
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM RECOMMENDING CITY COUNCIL
APPROVAL OF RECLASSIFICATION NO. 2014-00279
(DEV2015-00041)
(4540 EAST RIVERDALE AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to rezone or reclassify that certain real property
located at 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") from the "T" Transition, Zone to the "RS -4" Single -
Family Residential Zone, which reclassification is designated as "Reclassification No. 2015-
00279" for the purpose of allowing the applicant to construct a 75 -unit, detached, small -lot
single-family residential project (herein referred to as the "Project"). Reclassification No. 2015-
00279 is proposed in conjunction with General Plan Amendment No. 2015-00502, Conditional
Use Permit No. 2015-05796, Variance No. 2015-05011, and Tentative Tract Map No. 17879,
now pending, which, together with the Project, shall be referred to herein collectively as the
"Proposed Project"; and
WHEREAS, the Property is approximately 12.1 acres in size and is currently
improved with several structures formally used for a school. The Property 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, Reclassification No. 2015-00279 proposes to apply the zoning and
development standards of the "RS -4" Single -Family Residential Zone to the Property, combined
with the zoning and development standards of the Scenic Corridor (SC) Overlay Zone. Where
the zoning and development standards of the "RS -4" Single -Family Residential Zone will be
inconsistent with the zoning and development standards of the Scenic Corridor (SC) Overlay
Zone, the zoning and development standards of the latter zone shall supersede any regulations of
"RS -4" Single -Family Residential 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; and
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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; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's
Local CEQA Procedure Manual, a Mitigation Monitoring Plan ("MMP No. 324") has been
prepared for the Proposed Project and includes mitigation measures that are specific to the
Proposed Project; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim 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 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, 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 State CEQA
Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission found and
determined and recommended that the City Council also find and determine 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 that concurrent Resolution
and contained in MMP No. 324 and that the City Council approve and adopt the Mitigated
Negative Declaration and MMP No. 324; and
WHEREAS, the Planning Commission, after due consideration, 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 "T" Transition Zone to the "RS -4"
Single -Family Residential Zone is consistent with the proposed Low Density Residential land
use designation proposed for the Property by General Plan Amendment No. 2015-00502, now
pending;
2. The proposed reclassification of the Property is necessary and/or desirable
for the orderly and proper development of the Property and is compatible with the surrounding
single family residential uses.
3. The proposed reclassification of the Property does properly relate to the zone
and permitted uses established 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.
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NOW, THEREFORE, BE IT RESOLVED that, on the basis of the above findings
and determinations, the Planning Commission does hereby recommend that the City Council
approve Reclassification No. 2015-00279 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. 2015-00279, contingent upon and subject to the
approval and adoption by the City Council of proposed General Plan Amendment No. 2015-
00502, 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
meeting of November 16, 2015.
ATTEST:
RESOLUTION was adopted at the Planning Commission
CHA MAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- yz,' - /�-� -
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 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
2015.
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of November,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00041
StJl J�
® Source: Recorded Tract Maps and/or City GIS.
- Please note the accuracy is +/- two to five feet.
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