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Resolution-PC 2016-015RESOLUTION NO. PC2016-015 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING RECLASSIFICATION NO. 2015-00287 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00110) (2585 WEST LA PALMA 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 2585 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") from the "I" Industrial Zone to the "C -G" General Commercial Zone, which reclassification is designated as Reclassification No. 2015-00287; and WHEREAS, the Property is currently developed with a service station containing two covered pump islands and a convenience market and is located in the "I" Industrial Zone. The Land Use Element of the Anaheim General Plan designates this Property for General Commercial land uses; and WHEREAS, Reclassification No. 2015-00287 is proposed in conjunction with Conditional Use Permit No. 2015-05829 to permit the construction of a new service station and convenience market. The applicant has also requested (1) a variance to allow reduced front setbacks and less parking spaces than required by the Anaheim Municipal Code, which is designated as Variance No. 2015-05050, and (2) an associated determination of "Public Convenience or Necessity" to permit the sale of beer and wine for off -premises consumption in the convenience market on the Property (collectively referred to herein as the "Proposed Project"); and WHEREAS, notice of a public hearing to be held on January 11, 2016 before the Planning Commission was duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code to hear and consider evidence for and against proposed Conditional Use Permit 2015-05829, Variance No. 2015-05050, and Public Convenience or Necessity No. 2016-00123 and to investigate and make findings and recommendations in connection therewith. The public hearing was continued by the Planning Commission to February 8, 2016 at 5:00 p.m. at the Civic Center in the City of Anaheim, at which time the Planning Commission did hold a public hearing to hear and consider evidence for and against proposed Conditional Use Permit 2015-05829, Variance No. 2015-05050, and Public Convenience or Necessity No. 2016-00123 to investigate and make findings and recommendations in connection therewith; 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 (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 - 1 - PC2016-015 WHEREAS, the Planning Commission finds and determines that the Proposed Project (including the demolition of the existing improvements on the Property) is within that class of projects which consist of in -fill development meeting the conditions described in Section 15332 of the "CEQA Guidelines". Specifically, the Proposed Project (a) is consistent with the applicable General Plan designation and all applicable General Plan policies and, upon approval of Reclassification No. 2015-00287, will be consistent 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 "I" Industrial Zone to the "C -G" General Commercial Zone is consistent with the Property's existing General Commercial land use designation of "General Commercial". 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 Industrial and General Commercial land uses and are developed with service station and commercial uses. 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, this 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. This 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 pursuant to the above findings, this Planning Commission does hereby approve Reclassification No. 2015-00287 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the "C -G" General Commercial Zone and recommends that the City Council adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2015-00287. - 2 - PC2016-015 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 February 8, 2016. ( a � I � —P- �z ��� �. CHAIR, 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 February 8, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: DALATI 2016. IN WITNESS WHEREOF, I have hereunto set my hand this 81h day of February, SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2016-015 EXHIBIT "A" DEV NO. 2015-00110 APN: 071-521-12 W Q Q J a 'z V Q z W LA PALMA AVE v sC, 10c,Source: Recorded Tract Maps and/or City GIS. F; Please note the accuracy is +/- two to five feet. -diA-PAW - 4 - PC2016-015 �4 150' ems- O In 145' APN: 071-521-12 W Q Q J a 'z V Q z W LA PALMA AVE v sC, 10c,Source: Recorded Tract Maps and/or City GIS. F; Please note the accuracy is +/- two to five feet. -diA-PAW - 4 - PC2016-015