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Resolution-PC 2015-054RESOLUTION NO. PC2015-054 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING RECLASSIFICATION NO. 2015-00281 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. (DEV2015-00068) (A 395 SQUARE FOOT PORTION OF 2300 SOUTH LEWIS STREET AND 2237 SOUTH MANCHESTER AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to "pre -zone" a 395 square foot (approximate) parcel of land (herein referred to as the "Pre -zone Parcel") that is presently located within the City of Orange but is a part of that certain real property located at 2300 South Lewis Street and 2237 South Manchester 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"). The petition is designated as Reclassification No. 2015-00281 and sometimes referred to herein as the "Proposed Project"; and WHEREAS, the Pre -zone Parcel is currently a portion of land connected to the Ponderosa RV Park. The Pre -zone Parcel is located within the boundaries of the City of Orange and is proposed to be annexed into the City of Anaheim by the owner of the Property. The Anaheim General Plan designates a portion of the Property for "Medium Density Residential" land uses; and WHEREAS, the applicant requests to pre -zone the Property to the "RM -4" Multiple - Family Residential Zone in connection with its application to the Local Agency Formation Commission (LAFCO) to have the Pre -zone Parcel annexed to the City; and WHEREAS, State law permits a city to pre -zone property adjoining the city for the purpose of determining zoning that will apply to such property in the event of subsequent annexation to the city. Pre -zoning becomes effective at the same time that the annexation becomes effective; 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 Implementation of the California Environmental Quality Act (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 Reclassification No. 2015-00281; and WHEREAS, the Planning Commission finds and determines that (1) there will be no change to the existing uses of the Pre -zone Parcel as a result of proposed Reclassification No. 2014-00264, (2) proposed Reclassification No. 2014-00264 does not involve a commitment to any specific project which may be proposed on the Property to which the Pre -zone Parcel is attached, (3) the Proposed Project will not result in a direct or reasonably foreseeable indirect physical change in the environment, and, therefore, is exempt from the provisions of CEQA pursuant to Section 15060(c)(2) of the CEQA Guidelines; and - 1 - PC2015-054 WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 10, 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 Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence and testimony for and against the Proposed Project 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. The proposed Pre -Zoning of this Parcel to the "RM -4" Multiple -Family Residential Zone is consistent with the Property's existing "Medium Density" land use designation in the General Plan. 2. The proposed Pre -Zoning of this Property is necessary and/or desirable for the orderly and proper development of the community and is compatible with the surrounding properties. 3. The proposed Pre -Zoning of the Property does properly relate to the zone and its permitted uses locally established within and in close proximity to the Property and to the zones and their permitted uses generally established throughout the City. The proposed "RM -4" zone is consistent with "Medium Density" land use designation in the General Plan. 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 that, pursuant to the above findings, this Planning Commission does hereby approve Reclassification No. 2015-00281 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to Pre -Zone the Pre -zone Parcel into the "RM -4" Multiple -Family Residential Zone. BE IT FURTHER RESOLVED that this Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the Pre -zone Parcel; 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 in its sole discretion. - 2 - PC2015-054 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 10, 2015. CHAI MAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 August 10, 2015, by the following vote of the members thereof. AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 2015. IN WITNESS WHEREOF, I have hereunto set my hand this 10`h day of August, SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2015-054 EXHIBIT "A" DEV NO. 2015-00068 Source: Recorded Tract Maps and/or City GIS. oPlease note the accuracy is +/- two to five feet. - 4 - PC2015-054