Resolution-PC 2015-112RESOLUTION NO. PC2015-112
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. 2015-00499, RECLASSIFICATION NO. 2015-00276,
CONDITIONAL USE PERMIT NO. 2015-05780, TENTATIVE TRACT MAP NO. 17846
AND TENTATIVE TRACT MAP NO. 17992
(DEV2014-00095)
(1110-1116 NORTH ANAHEIM BOULEVARD AND
115-125 WEST LA PALMA 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. 2015-00499"), Reclassification No. 2015-00276,
Conditional Use Permit No. 2015-05780, Tentative Tract Map No. 17846, and Tentative Tract
Map No. 17992 for certain real property commonly known as 1110-1116 North Anaheim
Boulevard and 115-125 West La Palma 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
162 single-family attached condominium units and 922 square feet of commercial space (the
"Project"); and
WHEREAS, the Property is approximately 7 acres in size and is located, in part,
in the "I" Industrial Zone, which is a zone under the Zoning Code that "provide[s] for and
encourage[s] the development of industrial uses and their related facilities, recognize[s] the
unique and valuable existing industrial land resources, and encourage[s] industrial employment
opportunities within the City", and, in part, in the "CG" General Commercial Zone, which is a
zone under the Zoning Code that "allow[s] a variety of land uses, including some identified for
the Neighborhood Center Commercial Zone ...". The Property is designated on the Land Use
Element of the General Plan for "Mixed Use" and "Open Space" uses; and
WHEREAS, General Plan Amendment No. 2015-00499 proposes to amend (1)
"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" to "Mixed Use" land uses so
that the entirety of the Property will be designated for "Mixed Use" land uses, and (2) Figures C-
1, C-5, and C-6 of the Circulation Element of the Anaheim General Plan to remove the right -turn
road connector from westbound La Palma Avenue to northbound Anaheim Boulevard; and
WHEREAS, Reclassification No. 2015-00276 proposes to establish the Mixed
Use (MU) Overlay Zone on the Property, which will define the allowable land uses and property
development standards for the Property in accordance with Chapter 18.32 (Mixed Use (MU)
Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"); and
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WHEREAS, all mixed-use development within the Mixed Use (MU) Overlay
Zone is subject to the approval by the Planning Commission of a conditional use permit pursuant
to Subsection .120 of Section 18.32.030 (Uses). Pursuant to subsection .070 of Section
18.32.030 (Uses), the proposed ground floor units facing the street are required to be used for
commercial uses, which may include the non-residential portion of live/work units; provided,
however, that this requirement may be modified by conditional use permit. If approved,
Conditional Use Permit No. 2015-05780 will permit all but one of the ground floor units at the
corner of La Palma Avenue and Anaheim Boulevard to be residential; and
WHEREAS, pursuant to Section 18.32.040 (Site Area and Floor Ratio), the
minimum density of a mixed use project must be 36 units to the acre or as otherwise determined
by conditional use permit. If approved, Conditional Use Permit No. 2015-05780 will permit a
density of 23 units to the acre; and
WHEREAS, pursuant to subsection .020 of Section 18.32.070 (Building
Setbacks), the setbacks may be determined by conditional use permit. If approved, Conditional
Use Permit No. 2015-05780 will modify the minimum setback requirements for streets, interior
property lines and between buildings; and
WHEREAS, Tentative Tract Map No. 17846 proposes to permit the construction
of a portion of the Project in accordance with the design and improvements of the subdivision, as
shown on proposed Tentative Tract Map No. 17846; and
WHEREAS, Tentative Tract Map No. 17992 proposes to permit the construction
of a portion of the Project in accordance with the design and improvements of the subdivision, as
shown on proposed Tentative Tract Map No. 17992; and
WHEREAS, General Plan Amendment No. 2015-00499, Reclassification No.
2015-00276, Conditional Use Permit No. 2015-05780, Tentative Tract Map No. 17846,
Tentative Tract Map No. 17992 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 November 20, 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
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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. 325"). A complete
copy of MMP No. 325 is on file and can be viewed in the Planning and Building Department of
the City; and
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 December 14, 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. 325 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. 325; 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. 325, 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
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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. 325 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.
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. 325, 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. 325 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. 325; 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of December 14, 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.
CHA RMAN, 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:
hereof
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: HENNINGER
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of
December, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014-00095
W LA PALMA AVE
SBS,
553'
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N
N
21'
(49.
47'
63'
APN: 267-151-02
267-152-07
267-151-11
267-152-04
267-151-09
267-151-08
267-151-06
267-151-01
267-151-10
267-152-05
267-152-06
co 140'
y 19'
� y
3 N
0 y
011 50 100
0
Feet
m
m
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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