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Resolution-PC 2015-102RESOLUTION NO. PC2015-102 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING RECLASSIFICATION NO. 2015-00280 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00057) (1609 AND 1615 WEST CERRITOS AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for reclassification, designated as Reclassification No. 2015-00280, for that certain real property located at 1609 and 1615 West Cerritos 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"); and WHEREAS, the Property is currently developed with two single-family residences and accessory structures and is located in the "RS -2" Single -Family Residential Zone. The Anaheim General Plan designates this Property for Low Density Residential land uses; and WHEREAS, the applicant requests to rezone or reclassify the Property from the RS -2" Single -Family Residential Zone to the "RS -4" Single -Family Residential Zone; and WHEREAS, Reclassification No. 2015-00280 is proposed in conjunction with Tentative Tract Map No. 17882 and Conditional Use Permit No. 2015-05804 to establish an 1I - lot residential subdivision with four (4) lettered lots to allow for the future development of 11 single-family homes on the Property (collectively referred to herein as 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 September 21, 2015 to hear and consider evidence for and against the Proposed Project, including proposed Reclassification No. 2015-00280, Conditional Use Permit No. 2015-05804 and Tentative Tract Map No. 17882, and to investigate and make findings and recommendations in connection therewith. Notice of said public hearing was duly given as required by Section 65090 of the California Government Code and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code"). The public hearing was continued by the Planning Commission to October 19, 2015, at which time, the public hearing was continued again by the Planning Commission to November 2, 2015. While the public hearing was once again continued by the Planning Commission on its own motion on November 2, 2015 to December 14, 2015, the City elected to give notice of said continued public hearing, as it did for the initial public hearing, in accordance with Section 65090 of the California Government Code and with the provisions of Chapter 18.60 (Procedures) of the Code; 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 - 1 - PC2015-102 WHEREAS, the Planning Commission finds and determines that the Proposed Project is within that class of projects which consist of in -fill development meeting the conditions described in Section 15332 of Title 14 of the California Code of Regulations ("CEQA Guidelines"). Specifically, the Proposed Project (a) is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with the applicable zoning designation and regulations, (b) is no more than five acres in size substantially surrounded by urban uses, (c) has no value as a habitat for endangered, rare or threatened species, (d) would not result in significant effects relating to traffic, noise, air quality, or water quality, and (e) the Property can be adequately served by all required utilities and public services. Accordingly, pursuant to Section 15332 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; 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 -2" Single -Family Residential Zone to the "RS -4" Single -Family Residential Zone is consistent with the Property's existing Low Density Residential land use designation in the General Plan. Table LU -2 in the Land Use Element of the General Plan indicates four zones as "Typical Implementing Zones" for the Low Density designation: "RH-3", "RS -1", "RS -2, and "RS -3". The proposed "RS -4" zoning designation is not listed as a "Typical Implementing Zone" for the Low Density Residential designation in this table; however, there is a provision in the Land Use Element that also states: "In addition to the typical zoning designations listed above, other zones may be substituted for the typical implementation zones, provided that the overall density ranges established by the General Plan are not exceeded." The density range for the Low Density Residential designation that applies to the subject site is 0 to 6.5 units per acre. This project is proposed at 5.7 units per acre, which is within the maximum permitted density established by 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 adjacent properties to the north, east and west which are designated for Low Density Residential land uses and are developed with single family homes. 3. The proposed reclassification of the Property does properly relate to the zone and its permitted uses locally 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. - 2 - PC2015-102 NOW, THEREFORE, BE IT RESOLVED that pursuant to the above findings, this Planning Commission does hereby approve Reclassification No. 2015-00280 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- 00280. 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 December 14, 2015. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 December 14, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, DALATI, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: CALDWELL ABSENT: COMMISSIONERS: NONE 2015. IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2015-102 EXHIBIT "A" DEV NO. 2015-00057 APN: 129-212-31 129-212-32 a 0 W HARRIET LN 4 Cr Q O W BUENA VISTA AVE 280' W LULLABY LN 0 OCl) 7 20' 210' C4 N W CERRITOS AVE 50' W MELLS LN O 5O0 100 Source: Recorded Tract Maps and/or City GIS. O pec Please note the accuracy is +/- two to five feet. - 4 - PC2015-102