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Resolution-PC 2010-084RESOLUTION NO. PC2010 -084 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A CEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING RECLASSIFICATION NO. 2010 -00238 (DEV2010- 00087) (851 -905 SOUTH WESTERN AVENUE) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission ") did receive a verified Petition for Reclassification, designated as Reclassification No. 2010- 00238 for that certain real property situated at 851 - 905 South Western Avenue in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, this property is currently developed with two single family residences and is located in the T (Transition) Zone. The Anaheim General Plan designates this property for Corridor Residential land uses; and WHEREAS, the applicant requests to reclassify or rezone the property from the T (Transition) Zone to the RS -4 (Single- Family Residential) Zone; and WHEREAS, Reclassification No. 2010 -00238 is proposed in conjunction with Tentative Tract No. 17387, Conditional Use Permit No. 2010 -05515 and Variance No. 2010- 04815 to construct 32 single family homes with certain lots having smaller rear yard setback areas and shorter driveway lengths than allowed by code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 27, 2010 at 5:00 p.m., notice of said public hearing having been duly given as required by Iaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures ", to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; 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 subject property from the T (Transition) to the RS -4 (Single Family Residential) Zone is consistent with the existing Corridor Residential land use designation for the subject property. 2. The proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community and is compatible with the properties to the north which are designated for Corridor Residential and zoned Multiple Family 1 PC2010 -084 Residential (RM -3) and properties to the south, east and west which are designated for Low Density Residential and zoned RS -2 (Single - Family Residential). 3. The proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. NOW, THEREFORE, BE IT RESOLVED, the Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration 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 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 the Planning Commission does hereby unconditionally approve Reclassification No. 2010 -00238 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the subject property into the RS -4 (Single- Family Residential) Zone. BE 1T FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject 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 w adopted at the Planning Commission meeting of September 27, 2010. CHAIRMtiN PR '1'E,MPORE ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR CRETARY, ANAHEIM "6 PLANNING COMMISSION - 2 - PC2010 -084 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 September 27, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, KARAKI, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FAESSEL IN WITNESS WHEREOF, I have hereunto set my hand this 27 day of September, 2010. 4C SENIOR SECRETARY, SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 PC2010 -084 - APNs: 079 -441 -10 079- 441 -11 W DEERWOOD DR! Feet cc cc ° n 0 0 a o m u `^ a CC tri 618.05' — N RCN N 618.05' EXHIBIT "A" DEV2010 -00087 W BALL RD W TERANIMAR DR 1 1 1 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11011 - 4 PC2010 -084