Loading...
Resolution-PC 2017-033SOLUTION NO. PC2017-033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 2016-00301 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00109) (729 NORTH EAST STREET) WHEREAS, pursuant to the authority conferred upon the Planning Director under Section 18.76.030 (Initiation) of Chapter 18.76 (Zoning Amendments) of the Anaheim Municipal Code (the "Code"), the Planning Director has initiated the reclassification of that certain real property located at 729 North East 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 (collectively referred to herein as the "Property") from the "RM -3" Multiple -Family Residential Zone to the "RS -2" Single -Family Residential Zone, which reclassification is designated as Reclassification No. 2016-00301; and WHEREAS, the Property is approximately 8,500 square feet in size and is currently developed with a single-family residence located in the "RM -3" Multiple -Family Residential Zone. The Anaheim General Plan designates the Properties for Low Density Residential land uses; and WHEREAS, the Planning Director requests to rezone or reclassify the Property from the "RM -3" Multiple -Family Residential Zone to the "RS -2" Single Family Residential Zone; 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, including Reclassification No. 2016-00301; and WHEREAS, the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 1 — Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, on March 20, 2017, 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. 2016-00301 and to investigate and make findings and - 1 - PC2017-033 recommendations in connection therewith, and the hearing was subsequently continued to the April 3, 2017 meeting; 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 "RM -3" Multiple -Family Residential 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. 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. 2016-00301 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- 00301. 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. - 2 - PC2017-033 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 3, 2017. CHAIRPERSON, 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 April 3, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI, LIEBERMAN, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HENNINGER IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of April, 2017. ECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2017-033 EXHIBIT "A" DEV NO..2016-00109 - 4 - PC2017-033