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Resolution-PC 2015-091RESOLUTION NO. PC2015-091 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVE AND ADOPT PROPOSED GENERAL PLAN AMENDMENT NO. 2015-00502 (DEV2015-00041) (4540 EAST RIVERDALE AVENUE) 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. 2015-00502") for certain real property commonly known as 4540 East Riverdale 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 construct 75 detached, small lot single-family residences (the "Project"); and WHEREAS, the Property is approximately 12.1 acres in size and is located in the "T" Transition Zone, which is a zone under the Zoning Code that includes "land that is used for agricultural uses, in a transitory or interim use, restricted to limited uses because of special conditions, or not zoned to one of the zoning districts in this title for whatever reason, including recent annexation." The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Anaheim Municipal Code (the "Code") shall apply. The Property is designated on the Land Use Element of the General Plan for "School" uses; and WHEREAS, General Plan Amendment No. 2015-00502 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 "School" 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. 2015-00502 is proposed in conjunction with a request (i) to rezone or reclassify the Property from the "T" Transition, Zone to the "RS -4" Single -Family Residential Zone, which, which reclassification is designated as "Reclassification No. 2015-00279", (ii) for approval of a conditional use permit to permit a 75 - unit, detached small -lot single family residential project with modified development standards, which is designated as "Conditional Use Permit No. 2015-05796", (iii) for approval of a variance to allow a deviation of sound attenuation standards permitted by the Code pertaining to the maximum exterior noise level within the rear yard of any single-family residential lot located within 600 feet from a freeway, which is designated as "Variance No. 2014-05011 ", and (iv) for approval of a tentative tract map to permit a 75 -lot single-family residential subdivision of the Property, which is designated as "Tentative Tract Map No. 17879". General Plan Amendment No. 2015-00502, Reclassification No. 2015-00279, Conditional Use Permit No. 2015-05796, Variance No. 2015-05011, Tentative Tract Map No. 17879, and the Project shall be referred to herein collectively as the "Proposed Project"; and - 1 - PC2015-091 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; 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. 324"). A complete copy of MMP No. 324 is on file and can be viewed in the Planning Services Division of the City; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on November 16, 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 WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution and pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission found and determined and recommended that the City Council also find and determine 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 that concurrent Resolution and contained in MMP No. 324 and that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 324; and 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. 2015-00502 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 to promote development that integrates with and minimizes impacts to surrounding neighborhoods. - 2 - PC2015-091 2. That proposed General Plan Amendment No. 2015-00502 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. That proposed General Plan Amendment No. 2015-00502 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 east and west. 4. That the Property to be re -designated by proposed General Plan Amendment No. 2015-00502 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 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. 2015-00502 in the form attached hereto as Exhibit B, contingent upon and subject to the adoption of an ordinance reclassifying the Property from the "T" Transition Zone to the "RS -4" Single -Family Residential Zone, in accordance with Reclassification No. 2015-00279, now pending. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 16, 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. CHAMMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: r SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2015-091 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 November 16, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of November, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-091 Exhibit A General Plan Amendment No. 2015-00502 Land Use Element - Figure LU -4; Land Use Plan School Existing General Plan Land Use Designation: School Residentia i Low PA �A� C�44 app ay 41. GR' A 94' oa . __O;, Proposed General Plan Land Use Designation: Residential - Low 36K - 5 - PC2015-091 Map Location Existing General Plan Land Use Low Density Neighborhood Center Low Medium Density '///%/i Mixed -Use Estate Density _ Institutional School - Parks - Water Uses City of Anaheim Planning Depaitmen_ November 04, 2015 - 6 - PC2015-091 EXHIBIT "B" Oro PAP Map Location Proposed General Plan Land Use Low Density Neighborhood Center School Low Medium Density Mixed -Use Parks City of Anaheim Planning Depattment Estate Density Institutional water uses November 04, _2015 - 7 - PC2015-091