Resolution-PC 2017-065RESOLUTION NO. PC2017-065
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM DETERMINING THAT AN ADDENDUM TO THE
PREVIOUSLY -CERTIFIED FINAL ENVIRONMENTAL REPORT NO. 330 AND
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 346 IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING THAT THE CITY
COUNCIL OF THE CITY OF ANAHEIM APPROVE AND ADOPT
PROPOSED GENERAL PLAN AMENDMENT NO. 2016-00512
(DEV2016-00138)
(633-711 SOUTH EAST STREET)
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 Amendment ("General Plan Amendment No. 2016-00512") for certain real property
commonly known as 633-711 South 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 (the "Property"), for the purpose of allowing the applicant to construct 42
attached, single-family residences ; and
WHEREAS, the Property is approximately 1.78 acres in size and is located in the
"I" Industrial Zone. The Property is also located within the Residential Opportunity (RO) Overlay
Zone, meaning that the regulations contained in Chapter 18.34 (Residential Opportunity (RO)
Overlay Zone) of the Anaheim Municipal Code (the "Code") shall apply. The Property is
designated on the Land Use Element of the General Plan for "Low -Medium Density Residential"
uses; and
WHEREAS, in May 2004, the City Council certified the General Plan and Zoning
Code Update Program EIR No. 330 (EIR No. 330), which evaluated impacts associated with
implementation of the Anaheim General Plan and Zoning Code Update and created a Mitigation
Monitoring Program No. 122 to mitigate those impacts. The project site was designated for Low -
Medium Density Residential land use as a part of the update; and
WHEREAS, in September 2013, the City Council certified Supplemental
Environmental Impact Report No. 346 (SEIR No. 346) for the Anaheim Housing Opportunities
Site Rezoning. The City approved Mitigation Monitoring Program No. 122A as part of SEIR No.
346. SEIR No. 346 supplemented EIR No. 330 in the areas of air quality, greenhouse gas
emissions, noise, and transportation and traffic. The Rezoning implemented a key strategy of the
City's 2006-2014 General Plan Housing Element by rezoning the properties identified as Housing
Opportunities Sites in the Housing Element. The proposed rezoning of these approximately 166
sites allowed "by -right" housing development at these locations by applying one of two overlay
zones to these properties: the Residential Opportunity (RO) Overlay Zone or the Mixed Use (MU)
Overlay Zone. The project site was reclassified to the "RO" Overlay Zone as a part of the Rezoning
Project; and
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WHEREAS, General Plan Amendment No. 2016-00512 proposes to amend "Figure
LU -4: Land Use Plan" of the Land Use Element of the Anaheim General Plan to re -designate the
Property designated as "Low -Medium Density Residential" to "Medium Density Residential" land
uses; and
WHEREAS, General Plan Amendment No. 2016-00512 is proposed in conjunction
with a request (i) for approval of a conditional use permit to permit a 42 -unit, attached single family
residential project with modified development standards, which is designated as "Conditional Use
Permit No. 2016-05902", and (ii) for approval of a tentative tract map to permit a 1 -lot, 42 unit
attached single-family residential subdivision of the Property for condominium purposes, which is
designated as "Tentative Tract Map No. 18088". General Plan Amendment No. 2016-00512,
Conditional Use Permit No. 2016-05902, Tentative Tract Map No. 18088, 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 Addendum to the previously -certified Environmental Impact
Report No. 330 (EIR 330) and Supplemental Environmental Impact Report No. 346 (SEIR 346)
has been prepared to evaluate the environmental impacts of the Proposed Project and to identify
necessary mitigation; 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
from EIR 330 and SEIR 346 that are specific to the Proposed Project (herein referred to as "MMP
No. 347"). A complete copy of MMP No. 347 is on file and can be viewed in the Planning Services
Division of the City; and
WHEREAS, the Planning Commission did hold a public hearing at the Anaheim
Civic Center, Council Chamber, 200 South Anaheim Boulevard, on August 7, 2017, 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 Anaheim Municipal Code, to consider the Addendum 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, pursuant to the provisions of CEQA, the State CEQA Guidelines, and
the City's Local CEQA Procedure Manual, this Planning Commission finds and determines and
recommends that the City Council also find and determine 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 that concurrent Resolution and contained in
MMP No. 347 and that the City Council approve and adopt the Addendum and MMP No. 347;
and
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WHEREAS, the Planning Commission, after due consideration, inspection,
investigation and study made by itself, and after due consideration of, and based upon, all evidence
and reports offered at said hearing, does hereby find:
1. That proposed General Plan Amendment No. 2016-00512 maintains the internal
consistency of the General Plan, as the proposed modifications to the General Plan are consistent
with Goals 1.1, 2.1, 4.1 and 6.1 of the Land Use Element of the General Plan to preserve and
enhance the quality and character of Anaheim's mosaic of unique neighborhoods, to continue to
provide a variety of quality housing opportunities, to address the City's diverse housing needs, and
to promote development that integrates with and minimizes impacts to surrounding
neighborhoods.
2. That proposed General Plan Amendment No. 2016-00512 would not be
detrimental to the public interest, health, safety, convenience, or welfare of the City in that the
proposed amendment to the Anaheim General Plan would result in residential development
opportunities.
3. That proposed General Plan Amendment No. 2016-00512 would maintain the
balance of land uses within the City because the proposed amendment would provide quality
housing opportunities to address the City's diverse housing needs and would be consistent with
the existing Low -Medium and Medium Density Residential designations for the neighboring
properties to the north, south, and west.
4. That the Property to be re -designated by proposed General Plan Amendment
No. 2016-00512 is physically suitable to accommodate the proposed modification, including but
not limited to, access, physical constraints, topography, provision of utilities, and compatibility
with surrounding land uses because the project is designed to integrate into the surrounding
neighborhood.
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, as the "lead agency" under the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein
referred to as "CEQA"), the Planning Commission of the City of Anaheim, based upon a thorough
review of the Proposed Project, the Addendum, EIR No. 330, SEIR 346, and the evidence received
to date, does determine as follows:
1. That the Addendum was prepared in compliance with the requirements of CEQA,
the State CEQA Guidelines, and the City's Local CEQA Procedure Manual;
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2. That, based upon the evidence submitted and as demonstrated by the analysis
included in the Addendum, none of the conditions described in Sections 15162 or 15163 of the
State CEQA Guidelines calling for the preparation of a subsequent or supplemental environmental
impact report or negative declaration have occurred; specifically:
(a) There have not been any substantial changes in any of the entitlements that were
analyzed in EIR No. 330 and SEIR 346 that require major revisions of EIR No. 330 or
SEIR 346 because of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects;
(b) There have not been any substantial changes with respect to the circumstances under
which the Proposed Project is undertaken that require major revisions of EIR No. 330 and
347 due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects; and
(c) There is no new information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time EIR No. 330 and
SEIR 347 were certified as complete and adopted, that shows any of the following:
(i) The Proposed Project will have one or more significant effects not discussed in
EIR No. 330 and SEIR 346;
(ii) Significant effects previously examined will be substantially more severe than
shown in EIR No. 330 and SEIR 346;
(iii) Mitigation measures or alternatives previously found not to be feasible would
in fact be feasible and would substantially reduce one or more significant effects of
the Proposed Project, but the proponents of the Proposed Project decline to adopt
the mitigation measures or alternatives; or
(iv) Mitigation measures or alternatives which are considerably different from those
analyzed in EIR No. 330 and SEIR 346 would substantially reduce one or more
significant effects on the environment, but the proponents of the Proposed Project
decline to adopt the mitigation measures or alternatives.
BE IT FURTHER RESOLVED that, pursuant to the above findings, the Planning
Commission determines that EIR No. 330 and SEIR 346, together with the Addendum, are
adequate to serve as the required environmental documentation for the Proposed Project.
BE IT FURTHER RESOLVED that the Planning Commission has reviewed and
considered Mitigation Monitoring and Reporting Program No. 347 ("MMP"), which was prepared
for the Proposed Project and includes mitigation measures from EIR No. 330 and SEIR 347 that
are specific to the Proposed Project, and, in accordance with the requirements of CEQA, finds and
determines that, with the imposition of identified mitigation measures, the Proposed Project will
not result in any new significant impacts to the environment and there is no substantial evidence
that the Proposed Project will have a significant effect on the environment.
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BE IT FURTHER RESOLVED that, based upon the aforesaid findings and
determinations, the Planning Commission does hereby recommend that the City Council of the
City of Anaheim approve and adopt General Plan Amendment No. 2016-00512 in the form
attached hereto as Exhibit B.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of August 7, 2017. 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.
r'
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 August 7, 2017, by the following vote of the members
thereof:
AYES: COMMISSIONERS: CARBAJAL, DALATI, GILLESPIE,
KEYS, LIEBERMAN, WHITE
NOES: COMMISSIONERS: ARMSTRONG
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 7`h day of August, 2017.
5 �"� ��_. - , 0: 1� t
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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Exhibit
General Plan Amendment No. 2016-00512
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