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Resolution-PC 2010-016RESOLUTION NO. PC2010 -016 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CEQA MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT NO. 2009 -00475 PERTAINING TO THE LAND USE ELEMENT (DEV2009-00069) (401 WEST CARL KARCHER WAY AND 1325 NORTH ANAHEIM BOULEVARD) 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 Exhibit A, attached hereto and incorporated herein by this reference; and designated on the City of Anaheim General Plan for Office Low and Industrial 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, 2004, the City Council, by its Resolution No. PC2004- 95, adopted a comprehensive update to the General Plan for the City of Anaheim; and WHEREAS, General Plan Amendment No. 2009 -00475 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 Office Low and Industrial land use designations to the General Commercial land use designation as shown on Exhibit "B" attached hereto and incorporated herein by this reference as if set forth in full. WHEREAS, General Plan Amendment No. 2009 -00475 is proposed in conjunction with Reclassification No. 2009 -00229 to permit a future commercial development; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on March 15, 2010, at 3:30 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 hear and consider evidence for and against said proposed project actions, including General Plan Amendment No. 2009- 00475, 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, alI evidence and reports offered at said hearing, does hereby find: 1 PC2010 -016 1. That the proposed amendment maintains the internal consistency of the General Plan, as the proposed modifications to the General Plan are consistent with Goals 3.1 and 3.2 of the Land Use Element, and Goal 2.1 of the Economic Development Element, of the General Plan to pursue land uses along major corridors and freeways that enhance the City's image, stimulate appropriate development at strategic locations, and continue to implement the revitalization goals of the City's redevelopment project areas. 2. The proposed amendment 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 commercial development opportunities in a strategic location adjacent to major arterials and a freeway; and 3. The proposed amendment would maintain the balance of land uses within the City, in that the proposed amendment would provide a commercial asset adjacent to two major arterials and a freeway; 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 compatibility with surrounding land uses in that: a. Access to the property would be provided from Anaheim Boulevard, Carl Karcher Way, and Harbor Boulevard; b. The proposed project on the property proposed to be designated to the General Commercial land use will be subject to all Zoning Code requirements and contains no physical constraints for the development. NOW, THEREFORE, BE IT RESOLVED, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 157 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. BE IT FURTHER RESOLVED, that pursuant to the above findings, the Anaheim Planning Commission does hereby recommend that the City Council of the City of Anaheim approve General Plan Amendment No. 2009- 00475, unconditionally, as described above. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice for this project. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. 2 PC2010 -016 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 15, 2010. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim 4unicipal Code pertaining to appeal procedures. ATTEST: CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 15, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of March, 2010. i 1 SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -016 EXHIBIT "Ar' DEV2009 -00069 11 APNs: 073 -083 -14 073 083 -29 073- 083 -30 073 -083 -18 073 083 -01 073 083 -27 073 083 -16 073 083 -24 col 56 lOQ Feet 235.00' 1 073 083 -17 073 083 -25 073 -083 -13 073 083 -28 073 083 -26 073 083 -32 073 083 -31 962.90' C 36 W CARL KARC_ H ER WAY 1 I- I v)- FULLERTON CITY BOUNDARY of ANAHEIM CITY BOUNDARY J 601' 140' Q =T J z I ti Source: Recorded Tract Maps and!or City GFS. 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