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Resolution-PC 2019-048RESOLUTION NO. PC2019-048 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 2019-00327 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2019-00019) (401 NORTH ANAHEIM BOULVEARD) 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 401 North Anaheim Boulevard 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") to add the Mixed Use Overlay Zone, which reclassification is designated as Reclassification No. 2019-00327; and WHEREAS, the Property is approximately 1.59 acres in size and is developed with a 9,136 square foot, 2 -story commercial building. The Property is located in the "C -G" General Commercial, "T" Transition, and "RM -4" Multiple -Family Residential zones and is, therefore, subject to the zoning and development standards described in Chapters 18.06 (Multiple -Family Residential zones), 18.08 (Commercial zones), and 18.14 (Public and Special Purpose zones) of the Code. The Land Use Element of the Anaheim General Plan designates the Property for Mixed Use High land uses; and WHEREAS, Reclassification No. 2019-00327 is proposed in conjunction with a request for (i) a Zoning Code Amendment No. 2019-00167 to modify Chapter 18.32 (Mixed Use Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code to allow banquet halls in the Mixed Use Overlay zone subject to the approval of a conditional use permit; and; (ii) an amendment to a conditional use permit to permit add a covered outdoor patio to an existing banquet hall, which is designated as "Conditional Use Permit No. 2014-0573413". Zoning Code Amendment No. 2019-00167, Reclassification No. 2019-00327, and Conditional Use Permit No. 2014-05734B 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 December 9, 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 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 - 1 - PC2019-048 WHEREAS, the Planning Commission finds and determines that the effects of the proposed project are typical of those generated within the Class 1, Existing Facilities, Categorical Exemption. Class 1 consists 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. The proposed project is a request to construct a 3,583 square foot covered patio, which will be attached to an existing 9,136 square foot banquet hall, previously approved by Conditional Use Permit No. 2014-05734. As part of the project, the applicant will restripe the parking lot, which will reduce the permitted number occupants (307) from the number of occupants currently permitted (400). The project also includes the addition of the Mixed Use Overlay Zone to the property's base zone, consistent with the property's Mixed -Use High General Plan land use designation; and, an amendment to allow a banquet facility in the overlay zone, subject to the approval of a CUP, consistent with the permitting previously -approved for the existing use. As such, the proposed project meets the criteria for a Class 1 categorical exemption. Pursuant to Section 15300.02 (c) and 15301 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project is categorically exempt from the provisions of CEQA. 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 to add the Mixed Use Overlay Zone to the "C- G" General Commercial, "T" Transition, and "RM -4" Multiple -Family Residential zones is consistent with the Property's Mixed Use High 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 neighboring properties to the north, south, east and west, which are developed with residential and commercial uses because the Reclassification would implement the existing Mixed Use High land use designation. 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 automotive parts store and multiple -family residences to the north, a banquet hall to the east across Anaheim Boulevard, an auto sales lot and multiple -family residential to the south across Adele Street, and single-family homes and apartments to the west. 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 - PC2019-048 NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Reclassification No. 2019-00327 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property to add the Mixed Use Overlay Zone, contingent upon and subject to approval by the City Council to adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2019-00327. 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 December 9, 2019. 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 December 9, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, LIEBERMAN, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: KEYS, MEEKS ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of December, 2019. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2019-048 EXHIBIT "A"► DEN" N©. 2019-00019 APW. 035-101-09 035-101-14 035-101.15 035-101-16 x 035-101-17 N `tC POO G S v -- ..c t.VL $1 t— �CYPR�� Souroe ReWded Tract Maps of Cd trt City GIS. Please note the accuracy is +i- hro tc fwe feet. - 4 - PC2019-048