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Resolution-PC 2023-029RESOLUTION NO. PC2023-029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM TO ADOPT A NEGATIVE DECLARATION FOR PROPOSED DEVELOPMENT APPLICATION NO.2022-00064 (DEV2022-00064) (1477 NORTH JEFFERSON STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for a Conditional Use Permit to allow an Outdoor Storage Yard for Oversized Vehicles and Trailers (the "Proposed Project") located on that certain real property located at 1477 North Jefferson 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"); and WHEREAS, the Property is approximately is approximately 7.75 acres, comprised of two parcels, and developed with a modular office building, a block wall, and associated parking and infrastructure improvements. The Property is designate for Industrial land uses in the General Plan. The Property is in the Anaheim Canyon Specific Plan No. SP2015-1(SP 2015-1), in the Industrial Area (DA-1) and is subject to the zoning and development standards contained in Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 6, 2023 at 5:00 p.m., with notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings 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 the Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, an Initial Study in support of a Negative Declaration (IS/ND) has been prepared to evaluate the environmental impacts of the Proposed Project pursuant to the requirements of CEQA. The IS/ND concluded that the Proposed Project could not have a significant effect on the environment. On September 21, 2023, staff circulated the IS/ND for a 20- day public review period. Staff posted the IS/ND on the City's web page and made hard copies available at City Hall and the Anaheim Public Library. Staff did not receive any comments during the 20-day public review period for the IS/ND. WHEREAS, the City gave notice of its intent to adopt the 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 City intends and desires to use the Negative Declaration as the environmental documentation required by CEQA and the CEQA Guidelines for the Proposed Project; and WHEREAS, based upon a thorough review of the Proposed Project and the Negative Declaration, and any comments received during the public review period of which there were none, the Planning Commission, based upon a thorough review of the Negative Declaration and related documents and the evidence received concerning the Negative Declaration, does find and determine as follows: 1. That the Negative Declaration has been prepared in compliance with the requirements of CEQA and the CEQA Guidelines and serves as the appropriate environmental documentation for the Proposed Project. 2. That it has carefully reviewed and considered the information contained in the Negative Declaration (including the Initial Study and any continents received during the public review period of which there were none) prior to acting upon the Proposed Project. 3. Based upon the record before it (including the Initial Study and any comments received of which there were none), there is no substantial evidence that the Proposed Project will have a significant impact upon the environment and that the Negative Declaration reflects the independent judgment and analysis of the Planning Commission; and WHEREAS, this 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 negate the findings made in this Resolution. This 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 this Planning Commission, pursuant to the above findings and based upon a thorough review of the Negative Declaration and the evidence received to date, does hereby adopt the Negative Declaration (including the Initial Study and any comments received during the public review period of which there are none) and find and determine as follows: 1. That the Negative Declaration has been prepared in compliance with the requirements of CEQA and the CEQA Guidelines and serves as the appropriate environmental documentation for the Proposed Project; - 2 - PC2023-029 2. Based upon the record before it (including the Initial Study and any comments received of which there were none), there is no substantial evidence that the Proposed Project will have a significant impact upon the environment and that the Negative Declaration reflects the independent judgment and analysis of the Planning Commission; 3. That the Planning Commission approve and adopt the Negative Declaration; and 4. That the Planning Commission authorize and direct City staff to file with the Clerk of the County of Orange a Notice of Determination in accordance with Section 15075(a) of the CEQA Guidelines. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 6, 2023. 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. a t-FTA ERSON, PLANNING IMMISSION OF THE CITY OF ANAHEIN4 ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2023-029