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Resolution-PC 2010-038RESOLUTION NO. PC2010 -038 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A CEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING RECLASSIFICATION NO. 2010-00237 (DEV2010- 00027) (518— 538 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reclassification for certain real property situated at 518 538 South Anaheim Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, this property is currently vacant and is located in the I (SABC) (Industrial; South Anaheim Boulevard Corridor Overlay) zone. The Anaheim General Plan designates this property for Low Medium Density Residential land uses; and WHEREAS, the applicant requests to reclassify the property from the I (SABC) to the RM -4 (SABC) zone, consistent with the proposed General Plan Iand use designation of Medium Density Residential in conjunction with General Plan Amendment No. 2010-00479; and WHEREAS, Reclassification No. 2010 -00237 is proposed in conjunction with General Plan Amendment No. 2010 -00478 to redesignate the subject property from the Mixed Use land use designation to the Medium Density land use designation, 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. 17350 to establish a 2 -lot, 36 unit attached condominium subdivision; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim 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, Chapter 18.60 "Procedures to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due 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 subject property from the I (SABC) to the RM -4 (SABC) zone would be consistent with the proposed Medium Density Residential land use designation on the General Plan. 2. The proposed reclassification of subject property is necessary and /or desirable for the orderly and proper development of the community and is compatible with the 1 PC2010 -038 properties to the south, west, and east, which are designated for Low Medium Density Residential and Institutional land uses and zoned I (SABC), respectively. 3. The proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 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 the Anaheim City Planning Commission does hereby unconditionally approve the subject Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above- described property from the I (SABC) zone and to incorporate said described property into the RM -4 (SABC) zone. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject 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. Final approval of this zoning reclassification shall also be contingent upon City Council approval of General Plan Amendment No. 2010- 00479. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 24, 2010. ATTEST: f r I r. n I CHA AN, AHEIM CITY PLANNING COMMISSION SECRETARY, ANAHEIM CITY PLANNING COMMISSION 2 PC2010 -038 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 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 24` day of May, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -038 APNs: 251 084 -02 251- 084 -03 251 084 -04 EXHIBIT "A" DEV2010 -0002 7 -4 Source. Recorded Tract Maps and/or City GIS. Please note the accuracy is two to five feet. 10944 PC20I 0 -038