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Resolution-PC 2019-042RESOLUTION NO. PC2019-042 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 2018-00315 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00081) (100-394 WEST CERRITOS 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 generally located at the southwest corner of Cerritos Avenue and Anaheim Boulevard directly east of Interstate 5 (I-5) Freeway and commonly referred to as 100-394 West Cerritos 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 "C -G" General Commercial Zone to the "RM -3.5" Multiple -Family Residential Zone, which reclassification is designated as Reclassification No. 2018-00315; and WHEREAS, the Property is approximately 11.87 acres in size and is currently developed with a business park that consists of eight multi -story buildings with a mix of businesses, including office and commercial uses, and is located in the "C -G" General Commercial Zone. The Anaheim General Plan designates the Property for General Commercial land uses; and WHEREAS, Reclassification No. 2018-00315 is proposed in conjunction with a request for (i) General Plan Amendment No. 2018-00522 to redesginate the property from General Commercial to Mid Density Residential; (ii) a conditional use permit to permit a 292 -unit, attached single family residential project with modified development standards and density bonus incentives, which is designated as "Conditional Use Permit No. 2018-05975", (iii) a tentative tract map to permit a 1 -lot, 292 unit attached single-family residential subdivision of the Property for condominium purposes, which is designated as "Tentative Tract Map No. 18170", and Variance No. 2019-05127 to permit garage dimensions less than required by the Municipal Code. General Plan Amendment No. 2018-00522, Reclassification No. 2018-00315, Conditional Use Permit No. 2018-05975, Tentative Tract Map No. 18182, and Variance No. 2019-05127 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 30, 2019, 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 Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith, and the Planning Commission continued the item to the October 28, 2019 meeting; 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 - I - PC2019-042 WHEREAS, a draft Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 20 -day public/responsible agency review on August 22, 2018 and was also made available for review on the City's website at www.anaheim.net. A complete copy of the Mitigated Negative Declaration is on file and can be viewed in the Planning and Building Department of the City located on the First Floor of City Hall at 200 South Anaheim Boulevard, Anaheim, California; at the Anaheim Public Library, Central Library at 500 West Broadway, Anaheim, California; and, the Ponderosa Joint Use Library at 240 East Orangewood Avenue, Anaheim, California. Copies of said document were also available for purchase; and WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) those individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the CEQA Guidelines; 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 "C -G" General Commercial Zone to the "RM -3.5" Multiple -Family Residential Zone is consistent with the Property's proposed Mid Density Residential land use designation in the General Plan, now pending. 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 neighboring properties to the north, south, east and west, which are developed with a mobile home community, hotel, and commercial/industrial 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 in that surrounding properties include a mobile home community within the "T" Transition Zone and the hotel in the "C -G" General Commercial Zone. and; 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. - 2 - PC2019-042 NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Reclassification No. 2018-00315 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the "RM -3.5" Multiple -Family Residential Zone and recommends that the City Council adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2018-00315. 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 October 28, 2019. CHAI RSON, 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 October 28, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MULLEADY, VADODARIA NOES: COMMISSIONERS: MEEKS, WHITE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of October, 2019. _161slury_ �3 SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2019-042 EXHIBIT "A" DEV NO. 2018-00081 APN:082-214-01 z t- 0 V) 2 z W Ui N tib 2 A 2 m_ C v 1062' in 213' 123' LO0 N 202' bo RJL v 8' 230' W Q a FW- 604' H W U Q h w Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. - 4 - PC2019-042