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RES-2015-154 RESOLUTION NO. 2015 -154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING A NEGATIVE DECLARATION FOR PROPOSED GENERAL PLAN AMENDMENT NO. 2014 - 00498, RECLASSIFICATION NO. 2014 -00274 AND VARIANCE NO. 2014 -04992 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. (DEV2014- 00126) (1341 WEST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified petition to approve General Plan Amendment No. 2014- 00498, Reclassification No. 2014 -00274 and Variance No. 2014 -04992 for certain real property commonly known as 1341 West La Palma Avenue 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 demolish an existing building located on the Property and to develop thereon a new two- story, 13,897 square foot (approximate) medical office building (the "Project "); and WHEREAS, the Property is approximately 0.83 -acre in size and is developed with an existing 7,513 square foot thrift store building. The Property is located in the "RM -4" Multiple - Family Residential Zone and is designated for "Institutional" land uses in the Land Use Element of the Anaheim General Plan; and WHEREAS, General Plan Amendment No. 2014 -00498 proposes to amend the Land Use Element of the Anaheim General Plan to re- designate the Property from the "Institutional" land use designation to the "Office -Low" land use designation; and WHEREAS, Reclassification No. 2014 -00274 proposes to rezone or reclassify the Property from the "RM -4" Multiple Family Residential Zone to "O -L" Low Intensity Office Zone; and WHEREAS, Variance No. 2014 -04992 proposes to permit the construction of fewer on- site parking spaces for the Project than required by the Anaheim Municipal Code (the "Code "). General Plan Amendment No. 2014- 00498, Reclassification No. 2014 - 00274, Variance No. 2014 - 04992, and the Project shall be referred to herein collectively as the "Proposed Project "; 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 (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, following preliminary review of the Proposed Project, a draft 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 Negative Declaration was circulated for a 20 -day public /responsible agency review, commencing on March 3, 2015. A complete copy of the 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 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 State 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 State CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the State CEQA Guidelines; and WHEREAS, on March 23, 2015, the Planning Commission did hold a public hearing, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony concerning the contents and sufficiency of the Negative Declaration and for and against the Proposed Project and to investigate and make findings in connection therewith; and WHEREAS, at said public hearing, the Planning Commission did receive evidence and reports concerning the contents and sufficiency of the Negative Declaration, and did adopt its Resolution No. PC2015 -021 containing a report of its findings, a summary of the evidence presented at said hearing, and finding and determining and also recommending that the City Council so find and determine that the Negative Declaration satisfies all of the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual and serves as the appropriate environmental documentation for the Proposed Project. Accordingly, the Planning Commission approved and adopted the Negative Declaration; and WHEREAS, upon receipt of the Planning Commission's Resolution No. PC2015 -021 (relating to the Negative Declaration and General Plan Amendment No. 2014 - 00498), Resolution No. PC2015 -022 (relating to Reclassification No. 2014 - 00274), and Resolution No. PC2015 -023 (relating to Variance No. 2014 - 04992), a summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 21st day of April, 2015, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and for the purpose of considering the Negative Declaration, and did give notice thereof in the manner and as provided by law; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments (if any) of all persons desiring to be heard, the City Council considered all factors 2 relating to the Proposed Project and the Negative Declaration and the recommendations of the Planning Commission; and WHEREAS, the City Council intends and desires to use the 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, the City Council 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 presentation, 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 City Council 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 the City Council, pursuant to the above findings and based upon a thorough review of the Negative Declaration and the evidence received to date, does find and determine as follows: 1. That the 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 serves as the appropriate environmental documentation for the Proposed Project. 2. That the City Council has carefully reviewed and considered the information contained in the Negative Declaration (including the Initial Study and any comments received during the public review period) prior to acting upon the Proposed Project. 3. Based upon the record before it (including the Initial Study and any comments received), the City Council finds that there is no substantial evidence that the Proposed Project will have a significant environmental effect on the environment and that the Negative Declaration reflects the independent judgment and analysis of the City Council and the City of Anaheim. 4. The Negative Declaration is hereby approved and adopted. 5. The Negative Declaration together with the Initial Study 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. 3 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21 day of April , 2015, by the following roll call vote: AYES: Mayor Pro Tem Kring, Council Members Murray, Brandman and Vanderbilt NOES: None ABSENT: Mayor Tait ABSTAIN: None CITY OF ANAHEIM MAYOR OF THE CITY OF AN Ai' IM ATTES • 441/1. (WA I ,.- CITY CLERK IF THE CITY OF A AHEIM 108606 /TJR 4 EXHIBIT "A" MAP DEPICTING THE PROPERTY