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Resolution-PC 2016-052RESOLUTION NO. PC2016-052 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 2015-00284 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00101) (415 SOUTH ANAHEIM HILLS ROAD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to rezone or reclassify that certain real property located at 415 South Anaheim Hills Road 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") from the "OS" Open Space Zone to the "RM -1" Multiple -Family Residential Zone, which reclassification is designated as "Reclassification No. 2015-00284", for the purpose of allowing the applicant to construct a 60 -unit attached, single- family residential project (herein referred to as the "Project"). Reclassification No. 2015-00284 is proposed in conjunction with General Plan Amendment 2015-00505, Conditional Use Permit No. 2015-05832, Tentative Tract Map No. 17959, and Development Agreement No. 2016- 00003, now pending, which, together with the Project, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is approximately 8.4 acres in size and is located in the "OS" Open Space Zone. 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") apply to the Property. Upon approval of Reclassification No. 2015-00284, the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code will also apply to the Property and, where inconsistent therewith, will supersede any regulations of the "RM -1" Multiple Family Residential Zone. The Property is designated on the Land Use Element of the General Plan for "Open Space" and "Water" uses; and WHEREAS, Reclassification No. 2015-00284 proposes to apply the zoning and development standards of the "RM -1" Multiple -Family Residential Zone to the Property; 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 Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration ("MND") was prepared to evaluate the physical environmental impacts of the Proposed Project; and - 1 - PC2016-052 WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring Plan ("MMP No. 333") has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 13, 2016 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 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, 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 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. 333, and that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 333; and WHEREAS, the Planning Commission, after due consideration, 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. Reclassification of the Property from the "OS" Open Space Zone, to the "RM -1" Single -Family Residential Zone is consistent with the General Plan's Corridor Residential land use designation for the Property. 2. The proposed reclassification of the Property is necessary and/or desirable for the orderly and proper development of the Property and is compatible with the surrounding residential uses. 3. The proposed reclassification of the Property does properly relate to the zone and permitted uses established in close proximity to the Property and to the zones and their permitted uses generally established throughout the community. WHEREAS, this 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. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 2 - PC2016-052 NOW, THEREFORE, BE IT RESOLVED that, on the basis of the above findings and determinations, this Planning Commission does hereby approve Reclassification No. 2015-00284 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the "RM -1" Multiple -Family Residential Zone, contingent upon and subject to approval by the City Council of General Plan Amendment 2015-00505, Conditional Use Permit No. 2015-05832, Tentative Tract Map No. 17959, and Development Agreement No. 2016-00003, now pending, and that the City Council adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2015-00284. BE IT FURTHER RESOLVED that this Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the Property; 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 at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 13, 2016. Se CHAIR',PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2016-052 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 June 13, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS. BOSTWICK, CALDWELL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: HENNINGER ABSENT: COMMISSIONERS: DALATI IN WITNESS WHEREOF, I have hereunto set my hand this 13`x' day of June, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-052 EXHIBIT "A" DEV NO. 2015-00101 �` o saioo Source: Recorded Tract Maps and/or City GIS. JFe et Please note the accuracy is +/- two to five feet. - 5 - PC2016-052