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Resolution-PC 2017-065RESOLUTION NO. PC2017-065 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING THAT AN ADDENDUM TO THE PREVIOUSLY -CERTIFIED FINAL ENVIRONMENTAL REPORT NO. 330 AND SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 346 IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVE AND ADOPT PROPOSED GENERAL PLAN AMENDMENT NO. 2016-00512 (DEV2016-00138) (633-711 SOUTH EAST STREET) 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. 2016-00512") for certain real property commonly known as 633-711 South East Street 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 42 attached, single-family residences ; and WHEREAS, the Property is approximately 1.78 acres in size and is located in the "I" Industrial Zone. The Property is also located within the Residential Opportunity (RO) Overlay Zone, meaning that the regulations contained in Chapter 18.34 (Residential Opportunity (RO) 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 "Low -Medium Density Residential" uses; and WHEREAS, in May 2004, the City Council certified the General Plan and Zoning Code Update Program EIR No. 330 (EIR No. 330), which evaluated impacts associated with implementation of the Anaheim General Plan and Zoning Code Update and created a Mitigation Monitoring Program No. 122 to mitigate those impacts. The project site was designated for Low - Medium Density Residential land use as a part of the update; and WHEREAS, in September 2013, the City Council certified Supplemental Environmental Impact Report No. 346 (SEIR No. 346) for the Anaheim Housing Opportunities Site Rezoning. The City approved Mitigation Monitoring Program No. 122A as part of SEIR No. 346. SEIR No. 346 supplemented EIR No. 330 in the areas of air quality, greenhouse gas emissions, noise, and transportation and traffic. The Rezoning implemented a key strategy of the City's 2006-2014 General Plan Housing Element by rezoning the properties identified as Housing Opportunities Sites in the Housing Element. The proposed rezoning of these approximately 166 sites allowed "by -right" housing development at these locations by applying one of two overlay zones to these properties: the Residential Opportunity (RO) Overlay Zone or the Mixed Use (MU) Overlay Zone. The project site was reclassified to the "RO" Overlay Zone as a part of the Rezoning Project; and - I - PC2017-065 WHEREAS, General Plan Amendment No. 2016-00512 proposes to amend "Figure LU -4: Land Use Plan" of the Land Use Element of the Anaheim General Plan to re -designate the Property designated as "Low -Medium Density Residential" to "Medium Density Residential" land uses; and WHEREAS, General Plan Amendment No. 2016-00512 is proposed in conjunction with a request (i) for approval of a conditional use permit to permit a 42 -unit, attached single family residential project with modified development standards, which is designated as "Conditional Use Permit No. 2016-05902", and (ii) for approval of a tentative tract map to permit a 1 -lot, 42 unit attached single-family residential subdivision of the Property for condominium purposes, which is designated as "Tentative Tract Map No. 18088". General Plan Amendment No. 2016-00512, Conditional Use Permit No. 2016-05902, Tentative Tract Map No. 18088, 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 Addendum to the previously -certified Environmental Impact Report No. 330 (EIR 330) and Supplemental Environmental Impact Report No. 346 (SEIR 346) has been prepared to evaluate the environmental impacts of the Proposed Project and to identify necessary mitigation; 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 from EIR 330 and SEIR 346 that are specific to the Proposed Project (herein referred to as "MMP No. 347"). A complete copy of MMP No. 347 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 August 7, 2017, 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 Addendum 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, pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission finds and determines and recommends 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. 347 and that the City Council approve and adopt the Addendum and MMP No. 347; and - 2 - PC2017-065 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. 2016-00512 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. That proposed General Plan Amendment No. 2016-00512 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. 2016-00512 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 -Medium and Medium Density Residential designations for the neighboring properties to the north, south, and west. 4. That the Property to be re -designated by proposed General Plan Amendment No. 2016-00512 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, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the Planning Commission of the City of Anaheim, based upon a thorough review of the Proposed Project, the Addendum, EIR No. 330, SEIR 346, and the evidence received to date, does determine as follows: 1. That the Addendum was prepared in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual; -3 - PC2017-065 2. That, based upon the evidence submitted and as demonstrated by the analysis included in the Addendum, none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental environmental impact report or negative declaration have occurred; specifically: (a) There have not been any substantial changes in any of the entitlements that were analyzed in EIR No. 330 and SEIR 346 that require major revisions of EIR No. 330 or SEIR 346 because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) There have not been any substantial changes with respect to the circumstances under which the Proposed Project is undertaken that require major revisions of EIR No. 330 and 347 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (c) There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time EIR No. 330 and SEIR 347 were certified as complete and adopted, that shows any of the following: (i) The Proposed Project will have one or more significant effects not discussed in EIR No. 330 and SEIR 346; (ii) Significant effects previously examined will be substantially more severe than shown in EIR No. 330 and SEIR 346; (iii) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Proposed Project, but the proponents of the Proposed Project decline to adopt the mitigation measures or alternatives; or (iv) Mitigation measures or alternatives which are considerably different from those analyzed in EIR No. 330 and SEIR 346 would substantially reduce one or more significant effects on the environment, but the proponents of the Proposed Project decline to adopt the mitigation measures or alternatives. BE IT FURTHER RESOLVED that, pursuant to the above findings, the Planning Commission determines that EIR No. 330 and SEIR 346, together with the Addendum, are adequate to serve as the required environmental documentation for the Proposed Project. BE IT FURTHER RESOLVED that the Planning Commission has reviewed and considered Mitigation Monitoring and Reporting Program No. 347 ("MMP"), which was prepared for the Proposed Project and includes mitigation measures from EIR No. 330 and SEIR 347 that are specific to the Proposed Project, and, in accordance with the requirements of CEQA, finds and determines that, with the imposition of identified mitigation measures, the Proposed Project will not result in any new significant impacts to the environment and there is no substantial evidence that the Proposed Project will have a significant effect on the environment. - 4 - PC2017-065 BE IT FURTHER 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. 2016-00512 in the form attached hereto as Exhibit B. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 7, 2017. 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. r' CHAIRPERSON, 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 7, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: CARBAJAL, DALATI, GILLESPIE, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: ARMSTRONG ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 7`h day of August, 2017. 5 �"� ��_. - , 0: 1� t SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017-065 Exhibit General Plan Amendment No. 2016-00512 Land Use Element - Figure LU -4: Land Use Pian c Residential -Medium ,-,'cw Residential-Low Resident, -Low, Mediu gAtCNC1N' O t � q�1►NA �� Residential -Low Public -Institutional. a uP ll Y 0 IL N Existing General Plan Land Use Designation: Residential -Low Meduim o5 Residential-Medium��tillletial= Residential -Low Medium tMedium den#i I #ri Residential-Low Punstitutional y J k N �r Proposed General Plan Land Use Designations Residential - Medium 4249 - 6 - PC2017-065 NpVE g °a23,2n7 :P M so��w5, i �=2��Isxc RIM 230°S23 rn Map Location General Plan Residential Public and Quasi -Public Facilities MAHEIN Low Density - Institutional 1� � �►1 Low Medium Density Railroad City of Anaheim Medium GIs central Densit y July 28, 2017 nssi EXISTING -7- PC2017-065 �n iso A t Ineh = 290 f—t Map Location ■ General Plan Residential Lok.v Density Lo�v Medium Density 777, Medium Density H VA Et+v Q'n m 08239110 � � o % N i � N 231123 a 3112 ql qs2 4Q16`+SAA� w o � t 1129 w � rn Os2 OB231113 ' ;�,&3t DAA C', y � ns2�1A32 b X235 t0Y 013231203 UYiLS1L1L,,,, 231103 0s23i'211 06235104 pg23i204 t 3A A( �2342g5 0g231i05 21t2^� ? OB23i1pF, :0s2352� 7 c 0s23150i �� 0823120 R 23110E �. $� X231109 01 N Qy I gsZ31110 w 31 141 � �23i111 1131 11 C� N 5 30 r N o 2311 1 0 � w n { 4w a w 0g203130f Public and Quasi -Public Facilities _ Institutional - Railroad PROPOSED -8- 4 City of Anaheim GIS Central July 28, 2017 PC2017-065