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Resolution-PC 2016-082RESOLUTION NO. PC2016-082 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING RECLASSIFICATION NO. 2016-00298 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00054) (123 NORTH RIO VISTA STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for reclassification, designated as Reclassification No. 2016-00298, for that certain real property located at 123 North Rio Vista Street 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 a single-family residence and an accessory structure and is located in the "T" Transition 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 "T" Transition Zone to the "RS -2" Single -Family Residential Zone; and WHEREAS, Reclassification No. 2016-00298 is proposed in conjunction with Tentative Parcel Map No. 2016-017 to establish a 2 -lot residential subdivision with two single- family residences, including the demolition of an existing garage and the construction of a new garage on the parcel to be established by Tentative Parcel Map No. 2016-017 that is currently improved with 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. 2016-00298 and Tentative Parcel Map No. 2016-017 and 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 (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"projects", as that term is defined in Section 15378 of the CEQA Guidelines; 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) - 1 - PC2016-082 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 Section 15387 of the CEQA Guidelines and meets the aforementioned conditions and 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 garage and construction of a new garage and the potential construction of a new single-family residence are typical of those generated within that class of projects (i.e., Class 3 — New Construction or Conversion of Small Structures) which consists 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 and accessory structures such as garages. Since the Proposed Project includes the demolition of an existing garage and construction of a new garage and the potential construction of a new 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 properties to the north, south, 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 "RS -3" Single -Family Residential Zone. The development standards of the "RS -3" Single -Family Residential Zone are compatible with residential development within the "RS -2" Single -Family Residential Zone. - 2 - PC2016-082 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. 2016-00298 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- 00298. 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: lz� I SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2016-082 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. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-082 EXHIBIT "A" DEV NO. 2016-00054 - 5 - PC2016-082 E CARNIVAL AVE APN: 268-283-41 E MARDI GRAS AVE E CINNAMON PL H J :n J CL a z Q F— J O y1 Q > E CINNAMON PL cc z 0 Z Q rY a Z z E DUTCH AVE 103' 0 0 v � -F1 103' u T V _w Z = z F E DUTCH AVE 0O m h a a p J 0 z a in Q LA a N O Ln ©o sQo 0o Source: Recorded Tract Maps and/or City GIS. Feer Please note the accuracy is +/- two to five feet. - 5 - PC2016-082