Resolution-PC 2016-078RESOLUTION NO. PC2016-078
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING RECLASSIFICATION NO. 2016-00295 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH.
(DEV2016-00048)
(807 — 807'/2 SOUTH DALE 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 807 - 807'/2 South Dale 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 -2" Single -
Family Residential Zone, which reclassification is designated as Reclassification No. 2016-
00295; and
WHEREAS, the Property is currently developed with two single-family
residences and accessory structures and is located in the "T" Transition Zone. The Anaheim
General Plan designates this Property for Low Density Residential land uses; and
WHEREAS, Reclassification No. 2016-00295 is proposed in conjunction with
Tentative Parcel Map No. 2016-130 to establish a 2 -lot single-family residential subdivision,
which will allow the applicant the ability to demolish a storage shed and an existing dwelling
unit and to construct thereon a single-family residence (collectively referred to herein as the
"Proposed Project"); and
WHEREAS, on September 19, 2016, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Anaheim Municipal Code (the "Code"), to hear and consider evidence for
and against proposed Reclassification No. 2016-00295 and Tentative Parcel Map No. 2016-130
and to investigate and make findings and recommendations in connection therewith;
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
WHEREAS, the Planning Commission finds and determines that the Proposed
Project is within that class of projects (i.e., Class 15 — Minor Land Divisions) which consists of
the division of property meeting the conditions described in Section 15315 of the CEQA
Guidelines; that is, (a) consists of the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four or fewer parcels when the division is in
conformance with the General Plan and zoning, (b) no variances or exceptions are required, (c)
all services and access to the proposed parcels to local standards are available, (d) the parcel was
not involved in a division of a larger parcel within the previous 2 years, and (e) the parcel does
not have an average slope greater than 20 percent. The Planning Commission finds and
determines that the Property is located within an "urbanized area", as that term is defined in
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Section 15387 of the CEQA Guidelines, meets the aforementioned conditions, will not cause a
significant effect on the environment and is, therefore, categorically exempt from the provisions
of CEQA; and
WHEREAS, the Planning Commission also finds and determines that the effects
of the proposed demolition of an existing dwelling unit and storage shed on the Property and the
construction thereon of a new single family dwelling are typical of those generated within that
class of projects (i.e., Class 3 — New Construction or Conversion of Small Structures) which
consist of the construction and location of limited numbers of new, small facilities or structures.
Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an
exemption from the provisions of CEQA, one of which being the construction of up to three
single-family residences. Since the Proposed Project includes the proposed construction of one
single-family residence, 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 "T" Transition Zone to the "RS -2"
Single -Family Residential Zone is consistent with the Property's existing Low Density
Residential land use designation in 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
residential 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 in that surrounding
properties include single family residential uses within the "RS -2" Single -Family Residential
Zone and the "T" Transition Zone.
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, pursuant to the above findings,
this Planning Commission does hereby approve Reclassification No. 2016-00295 to authorize an
amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the
Property into the "RS -2" Single -Family Residential Zone and recommends that the City Council
adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2016-
00295.
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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 September 19, 2016.
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 September 19, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI,
HENNINGER, LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 19"' day of September, 2016.
r
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00048
APN: 126-242-14
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Source: Recorded Tract Maps and/or City GIS.
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Please note the accuracy is +/- two to five feet.
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