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Resolution-PC 2008-51RESOLUTION NO. PC2008-51 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A CEQA NEGATIVE DECLARATION AND APPROVE GENERAL PLAN AMENDMENT NO. 2008-00464 PERTAINING TO THE LAND USE ELEMENT. WHEREAS, the Anaheim Planning Commission did receive a verified Petition for General Plan Amendment for certain real property situated in the City of Anaheim, County of Orange, State of California shown on Eachibit A, attached hereto and incorporated herein by this reference; and designated on the City of Anaheim General Plan for Low-Medium Density Residential land uses; and WHEREAS, the Anaheim City Council did adopt the Anaheim General Plan by Resolution No. 69R-644, showing the general description and extent of possible future development within the City; and WHEREAS, on May 25, 3004, the City Council, by its Resolution No. 2004-95, adopted a comprehensive update to the Genera] Plan for the City o£Anaheim; and WHEREAS, General Plan Amendment No. 2008-00464 proposes to amend the Land Use Element of the Anaheim General Plan as follows: 1. Amend `Figure LU-4: Land Use Plan" of the Land Use Element of the General Plan to redesignate the subject property from the Low-Medium Density Residential land use designation to the General Commercial land use designation as shown on Attachment "A-1" attached hereto and incorporated herein by this reference as if set forth in full. WHEREAS, General Plan Amendment No. 2008-00464 is proposed in conjunction with Reclassification No. 2008-00216, Conditional Use Permit No. 2008-05309, and Detemunation of Public Convenience or Necessity No. 2008-00040 to construct a service station with a caz wash and a convenience mazket with sales of alcoholic beverages for off-premises consumption (herein collectively referred to as the "proposed project actions"); and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on Apri128, 3008, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anahettn Municipal Code, to heaz and consider evidence for and against said proposed project actions, including General Plan Amendment No. 2008- 00464, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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- PC2008-51 1. That the proposed amendment maintains the internal consistency of the General Plan, as the proposed modifications to the General Plan are consistent with Goal 3.1 of the Land Use Element of the General Plan to pursue ]and uses along major corridors that enhance the City's ima~e and stimulate appropriate development at strategic locations. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfaze of the City in that the proposed amendment to the Anaheim General Plan would result in a commercial development in a strategic comdor intersection providing a commercial property to the surrounding neighborhood; 3. The proposed amendment would maintain the balance of land uses within the City, in that the proposed amendment would provide a commercial asset and convenience to the residential neighborhood; and 4. That the subject property proposed to be designated to a new land use, as depicted on Attachment A-1, is physically suitable to accommodate the proposed modification, including but not limited to access, physical constraints, topography, provision of utilities, and comparibility with surrounding land uses in that: a. Access to the property would be maintained from East Street and La Palma Avenue; b. The proposed project on the property proposed to be designated to the General Comznercial land use meets a11 Code requirements and contains no physical constraints for the development. 5. That a person indicated their presence at said public hearing in opposition; and that a letter was received in opposition to the subject petition. NOW, THEREFORE, BE IT RESOLVED that the Anahenn Planning Commission has reviewed the proposal and does hereby find and determine that the Negative Declazation reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the izutial study and any comments received that there is no substantial evidence that the project will have a significant effect on the envixonment. NOW, THEREFORE, BE IT FURTHER RESOLVED, that pursuant to the above findings, the Anaheim Planning Commission does hereby recommend that the City Council of ttie City of Anaheim approve General Plan Amendment No. 2008-00464, as described above. BE IT FURTHER RESOLVED, that the applicant is responsible for paying all chazges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges sha11 result in delays in the issuance of required permits or the revocation of the approval of this applacation. -2- PC2008-51 THE FOREGOING RESOLUTION was adopted at the Planning Commission ri128, _008. Said resolution is sub~ect to the appeal provisions set forth in Chapter ~ ~ eal rocedures. meeting of Ap 18.60, `Procedures" of the Anaheim Municipal Co ~pe~?ining ~ aP~P ATTEST: /'~_ SENIOR SECRETARI', ANAHEIM PLANNING COMMISSIO STATE OF CALIFORNIA ) CQLTNTY OF ORANGE ) ss. CI'T1' OF ANAHEIM ) Co~ission, do I, Eleanor Morris, Senior Secretary of the Anaheim Plannuzg hereby certify ~ass on h Id on April 18 ion was passed and adopted at a meeting of the Anaheim ~~008, by the following vote of the members thereof: Planning Commi A~S: COMMISSIONERS: ~~ Q E> B~FA, EASTMAN, FAESSEL, ROMERO, NOES: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: KARAI{I ABSENT: COMMISSIONERS: NONE (~~ day of R•1 WITNESS WHEREOF, I have hereunto set my hand this _41__---- ~008. _` ~M'~- ~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION PC2008-51 -3- _.. __ __ _.. __ ~U ~ ~ ~ Y K g LA PALMA AVE Zt ~m ~ -~ o so wo ~ F'eCl Subject Property General Plan Amendment No. 2008-00464 Reclassification No. 2008-00216 Condifional Use Permit No. 2008-05309 Determination of Public Convenience or Necessity No. 2008-00040 770 North East Street W~~-yNP S~ ~ ~~ Souroe: ~Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- pyo lo five feet. o ~ , ~ ' - < ~ a I F ~ _ w !o ELAPAWAFVE = l ~ 1. ~ ~ ~. m1. m ~'~ ;• ~` ~' ~ ~ o ~1 ~; , 1 IMCOW PVE E E,00.0POWPY 10523