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Resolution-PC 2010-037RESOLUTION NO. PC2010 -037 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT NO. 2010 00479 PERTAINING TO THE LAND USE ELEMENT (DEV2010- 00027) (518— 538 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for General Plan Amendment for certain real property situated in the City of Anaheim, County of Orange. State of California shown on Exhibit A, attached hereto and incorporated herein by this reference; and designated on the City of Anaheim General Plan for Low Medium Density Residential land uses; and WHEREAS, the Anaheim City Council did adopt the Anaheim General Plan by Resolution No. 69R -644, showing the general description and extent of possible future development within the City; and WHEREAS, on May 25, 2004, the City Council, by its Resolution No. PC2004- 95, adopted a comprehensive update to the General Plan for the City of Anaheim; and WHEREAS, General Plan Amendment No. 2010 -00479 proposes to amend the Land Use Element of the Anaheim General Plan as follows: 1. Amend `Figure LU -4: Land Use Plan" of the Land Use Element of the General Plan to redesignate the subject property from the Low Medium Density Residential land use designation to the Medium Density land use designation as shown on Exhibit `B" attached hereto and incorporated herein by this reference as if set forth in full. WHEREAS, General Plan Amendment No. 2010 -00479 is proposed in conjunction with Reclassification No. 2010 -00236 to reclassify the property from the I (SABC) to the RM -4 (SABC) zone, Conditional Use Permit No. 2010 -05483 to construct a 52 unit affordable condominium project with a deviation in zoning development standards and density bonus, and Tentative Tract Map No. 17351 to establish a 6 -lot, 52 unit attached condominium subdivision; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on May 24, 2010, at 3:30 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 hear and consider evidence for and against said proposed project actions, including General Plan Amendment No. 2010- 00479, and to investigate and make findings and recommendations in connection therewith; and 1 PC2010 -037 WHEREAS, said 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 the proposed amendment maintains the internal consistency of the General Plan, as the proposed modifications to the General Plan are consistent with Goal 2.1 of the Land Use Element to provide a variety of quality housing opportunities to address the City's diverse housing needs. 2. The proposed amendment 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 a variety of quality housing opportunities to address the City's diverse housing needs; and 3. The proposed amendment would maintain the balance of land uses within the City, in that the proposed amendment would provide a variety of quality housing opportunities to address the City's diverse housing needs and would be consistent with the Low Medium Density Residential and Institutional designations for the adjacent properties; and 4. That the subject property proposed to be designated to a new land use, as depicted on Attachment A -1, 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; and NOW, THEREFORE, BE IT RESOLVED, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. BE IT FURTHER RESOLVED, that pursuant to the above findings, the Anaheim Planning Commission does hereby recommend that the City Council of the City of Anaheim approve General Plan Amendment No. 2010 00479, unconditionally, as described above. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice for this project. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. 2 PC2010.037 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 24, 2010. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Cede pertaining to appeal procedures. ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM SECRETARY, ANAHEIM CITY PLANNING COMMISSION CHAIRMAN', ANAHEIM CITY PLANNING COMMISSION I. Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on May 24, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of May, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC20I 0 -037 APNs: 251 084 -02 251- 084 -03 251 084 -04 EXHIBIT "A DEV2010 -00027 4 Source: R ecorded Tract Malls and/or City GIS. Please note the accuracy is +I- two to five feet. 10944 PC201 0 -037 1�* 0 0 0 2 4. N