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Resolution-PC 2015-025RESOLUTION NO. PC2015 -025 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AND ADOPTING A MITIGATED NEGATIVE DECLARATION AND RECOMMENDING THAT THE CITY COUNCIL AMEND THE GENERAL PLAN (GENERAL PLAN AMENDMENT NO. 2014 - 00497) (DEV2014- 00033) (2848 AND 2901 -2905 EAST SOUTH STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified Petition for an amendment to the Land Use Element of the General Plan Amendment ( "General Plan Amendment No. 2014- 00497 ") for certain real property commonly known as 2848 and 2901 -2905 East South 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 "), for the purpose of allowing the applicant to construct 20 detached, small lot single- family residences (the "Project "); and WHEREAS, the Property is approximately 3.4 acres in size and is located in part in the "RS -3" Single- Family Residential Zone and in part in the "T" Transition Zone. Portions of the Property are designated on the Land Use Element of the General Plan for "Open Space" land uses, "Parks" uses, and "Low Density Residential" land uses; and WHEREAS, General Plan Amendment No. 2014 -00497 proposes to amend "Figure LU -4: Land Use Plan" of the Land Use Element of the Anaheim General Plan to re- designate those portions of the Property designated as "Open Space" and "Parks" to "Low Density Residential" land uses so that the entirety of the Property will be designated for "Low Density Residential" land uses; and WHEREAS, General Plan Amendment No. 2014 -00497 is proposed in conjunction with a request (i) to rezone or reclassify the Property from the "RS -3" Single - Family Residential Zone and the "T" Transition Zone to the "RS -4" Single - Family Residential Zone, which reclassification is designated as "Reclassification No. 2014 - 00272 ", (ii) for approval of a conditional use permit to permit a 20 -unit, detached small -lot single family residential project with modified development standards, which is designated as "Conditional Use Permit No. 2014- 05769", (iii) for approval of a variance to permit the construction of driveway lengths less than required by the Zoning Code and a deviation from the City's private street standard pertaining to parkway widths, which is designated as "Variance No. 2014- 05004 ", and (iv) for approval of a tentative tract map to permit a 20 -lot single - family residential subdivision of the Property, which is designated as "Tentative Tract Map No. 17819 ". General Plan Amendment No. 2014- 00497, Reclassification No. 2014- 00272, Conditional Use Permit No. 2014- 05769, Variance No. 2014- 05004, Tentative Tract Map No. 17819, and the Project shall be referred to herein collectively as the "Proposed Project "; and - 1 - PC2015 -025 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 (commencing with Section 15000 of Title 14 of the California Code of Regulations; 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 the Proposed Project; and WHEREAS, a draft Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 30 -day public /responsible agency review on February 13, 2015 and was also made available for review on the City's website at www.anaheim.net. A complete copy of the Mitigated Negative Declaration is on file and can be viewed in the Planning Division of the City located on the First Floor at 200 S. Anaheim Blvd., Anaheim, California. Copies of said document are also available for purchase; and WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration to (a) the public pursuant to Section 15072(b) of the State 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 State CEQA Guidelines; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project (herein referred to as "MMP No. 323 "). A complete copy of MMP No. 323 is on file and can be viewed in the Planning Division of the City; and WHEREAS, the City intends and desires to use the Mitigated Negative Declaration as the environmental documentation required by CEQA, the State CEQA Guidelines and the City's Local CEQA Procedure Manual for the Proposed Project; and WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMP No. 323 and the comments received to date and the responses prepared, staff finds that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to this Resolution and contained in MMP No. 323; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on March 23, 2015, 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 the Anaheim Municipal Code, to consider the Mitigated Negative Declaration and to hear and consider evidence for and against the Proposed Project and related actions, and to investigate and make findings and recommendations in connection therewith; and -2- PC2015 -025 WHEREAS, the Planning 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. That proposed General Plan Amendment No. 2014 -00497 maintains the internal consistency of the General Plan, as the proposed modifications to the General Plan are consistent with Goals 1. 1, 2.1, 4.1 and 6.1 of the Land Use Element of the General Plan to preserve and enhance the quality and character of Anaheim's mosaic of unique neighborhoods, to continue to provide a variety of quality housing opportunities, to address the City's diverse housing needs, and promotes development that integrates with and minimizes impacts to surrounding neighborhoods. 2. Proposed General Plan Amendment No. 2014 -00497 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 residential development opportunities. 3. Proposed General Plan Amendment No. 2014 -00497 would maintain the balance of land uses within the City because the proposed amendment would provide quality housing opportunities to address the City's diverse housing needs and would be consistent with the existing Low Density Residential designation for the neighboring properties to the south and west. 4. The Property to be re- designated by proposed General Plan Amendment No. 2014 -00497 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 because the project is designed to integrate into the surrounding neighborhood. 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. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Anaheim as follows: 1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual and, together with MMP No. 323, serves as the appropriate environmental documentation for the Proposed Project. 2. That the Planning Commission has carefully reviewed and considered the information contained in the Mitigated Negative Declaration (including the Initial Study and any comments received during the public review period) prior to acting upon the Proposed Project. -3 - PC2015 -025 3. Based upon the record before it (including the Initial Study and any comments received), the Planning Commission finds that the Proposed Project will have a less than significant impact upon the environment with the implementation of the mitigation measures contained in MMP No. 323 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission and the City of Anaheim. 4. The Mitigated Negative Declaration and MMP 323 are hereby approved and adopted. 5. The Mitigated Negative Declaration together with the Initial Study, MMP No. 323, and other materials which constitute the record of the proceedings upon which the decision of the Planning Commission is based are on file in the Planning Division of the City of Anaheim located on the First Floor at 200 S. Anaheim Blvd., Anaheim, California. 6. City staff is authorized and directed to file with the Clerk of the County of Orange a Notice of Determination following adoption of this Resolution in accordance with Section 15075(a) of the State CEQA Guidelines. BE IT FURTHER RESOLVED, that based upon the aforesaid findings and determinations, the Planning Commission does hereby recommend that the City Council of the City of Anaheim approve and adopt General Plan Amendment No. 2009 -00497 in the form attached hereto as Exhibit B, contingent upon and subject to the adoption of an ordinance reclassifying the Property from the "RS -3" Single- Family Residential Zone and the "T" Transition Zone to the "RS -4" Single - Family Residential Zone in accordance with Reclassification No. 2014 - 00272, now pending. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 23, 2015. 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. ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2015 -025 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 March 23, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 23 day of March, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -5- PC2015 -025 Exhibit A General Plan Amendment No. 2014 -00497 Land Use Element - Figure LU-4: Land Use Plan 3572 -6- PC2015 -025 Existing Land Use Designations Proposed Land Use Designations