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Resolution-PC 2015-112RESOLUTION NO. PC2015-112 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVE AND ADOPT A MITIGATED NEGATIVE DECLARATION FOR PROPOSED GENERAL PLAN AMENDMENT NO. 2015-00499, RECLASSIFICATION NO. 2015-00276, CONDITIONAL USE PERMIT NO. 2015-05780, TENTATIVE TRACT MAP NO. 17846 AND TENTATIVE TRACT MAP NO. 17992 (DEV2014-00095) (1110-1116 NORTH ANAHEIM BOULEVARD AND 115-125 WEST LA PALMA 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 ("General Plan Amendment No. 2015-00499"), Reclassification No. 2015-00276, Conditional Use Permit No. 2015-05780, Tentative Tract Map No. 17846, and Tentative Tract Map No. 17992 for certain real property commonly known as 1110-1116 North Anaheim Boulevard and 115-125 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 construct 162 single-family attached condominium units and 922 square feet of commercial space (the "Project"); and WHEREAS, the Property is approximately 7 acres in size and is located, in part, in the "I" Industrial Zone, which is a zone under the Zoning Code that "provide[s] for and encourage[s] the development of industrial uses and their related facilities, recognize[s] the unique and valuable existing industrial land resources, and encourage[s] industrial employment opportunities within the City", and, in part, in the "CG" General Commercial Zone, which is a zone under the Zoning Code that "allow[s] a variety of land uses, including some identified for the Neighborhood Center Commercial Zone ...". The Property is designated on the Land Use Element of the General Plan for "Mixed Use" and "Open Space" uses; and WHEREAS, General Plan Amendment No. 2015-00499 proposes to amend (1) "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" to "Mixed Use" land uses so that the entirety of the Property will be designated for "Mixed Use" land uses, and (2) Figures C- 1, C-5, and C-6 of the Circulation Element of the Anaheim General Plan to remove the right -turn road connector from westbound La Palma Avenue to northbound Anaheim Boulevard; and WHEREAS, Reclassification No. 2015-00276 proposes to establish the Mixed Use (MU) Overlay Zone on the Property, which will define the allowable land uses and property development standards for the Property in accordance with Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"); and - 1 - PC2015-112 WHEREAS, all mixed-use development within the Mixed Use (MU) Overlay Zone is subject to the approval by the Planning Commission of a conditional use permit pursuant to Subsection .120 of Section 18.32.030 (Uses). Pursuant to subsection .070 of Section 18.32.030 (Uses), the proposed ground floor units facing the street are required to be used for commercial uses, which may include the non-residential portion of live/work units; provided, however, that this requirement may be modified by conditional use permit. If approved, Conditional Use Permit No. 2015-05780 will permit all but one of the ground floor units at the corner of La Palma Avenue and Anaheim Boulevard to be residential; and WHEREAS, pursuant to Section 18.32.040 (Site Area and Floor Ratio), the minimum density of a mixed use project must be 36 units to the acre or as otherwise determined by conditional use permit. If approved, Conditional Use Permit No. 2015-05780 will permit a density of 23 units to the acre; and WHEREAS, pursuant to subsection .020 of Section 18.32.070 (Building Setbacks), the setbacks may be determined by conditional use permit. If approved, Conditional Use Permit No. 2015-05780 will modify the minimum setback requirements for streets, interior property lines and between buildings; and WHEREAS, Tentative Tract Map No. 17846 proposes to permit the construction of a portion of the Project in accordance with the design and improvements of the subdivision, as shown on proposed Tentative Tract Map No. 17846; and WHEREAS, Tentative Tract Map No. 17992 proposes to permit the construction of a portion of the Project in accordance with the design and improvements of the subdivision, as shown on proposed Tentative Tract Map No. 17992; and WHEREAS, General Plan Amendment No. 2015-00499, Reclassification No. 2015-00276, Conditional Use Permit No. 2015-05780, Tentative Tract Map No. 17846, Tentative Tract Map No. 17992 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, 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 20 -day public/responsible agency review on November 20, 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 and Building Department 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 - 2 - PC2015-112 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. 325"). A complete copy of MMP No. 325 is on file and can be viewed in the Planning and Building Department 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, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on December 14, 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 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, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMP No. 325 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. 325; and WHEREAS, the Planning Commission, based upon a thorough review of the Mitigated Negative Declaration and related documents and the evidence received concerning the Mitigated Negative Declaration, does find and determine 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. 325, 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; and - 3 - PC2015-112 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. 325 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission and the City of Anaheim. 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 the Planning Commission, pursuant to the above findings and based upon a thorough review of the Mitigated Negative Declaration and the evidence received to date, does hereby recommend that the City Council carefully review and consider 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 and find and determine 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. 325, serves as the appropriate environmental documentation for the Proposed Project; 2. Based upon the record before it (including the Initial Study and any comments received), 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. 325 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council; 3. That the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 325; and 4. Authorize and direct City staff to file with the Clerk of the County of Orange a Notice of Determination in accordance with Section 15075(a) of the State CEQA Guidelines. - 4 - PC2015-112 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 14, 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. CHA RMAN, 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 December 14, 2015, by the following vote of the members thereof- AYES: hereof AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: HENNINGER ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-112 8- I co 0 EXHIBIT "A" DEV NO. 2014-00095 W LA PALMA AVE SBS, 553' r` N N 21' (49. 47' 63' APN: 267-151-02 267-152-07 267-151-11 267-152-04 267-151-09 267-151-08 267-151-06 267-151-01 267-151-10 267-152-05 267-152-06 co 140' y 19' � y 3 N 0 y 011 50 100 0 Feet m m Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. - 6 - PC2015-112