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RES-2016-012RESOLUTION NO. 2016-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING A MITIGATED NEGATIVE DECLARATION AND A MITIGATION MONITORING PLAN FOR PROPOSED GENERAL PLAN AMENDMENT NO. 2015-00502, RECLASSIFICATION NO. 2015-00279, CONDITIONAL USE PERMIT NO. 2015-05796, VARIANCE NO. 2015-05011 AND TENTATIVE TRACT MAP NO. 17879. (DEV2015-00041) (4540 EAST RIVERDALE 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. 2015-00502"), Reclassification No. 2015-00279, Conditional Use Permit No. 2015-05796, Variance No. 2015-05011 and Tentative Tract Map No. 17879 for certain real property commonly known as 4540 East Riverdale 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 75 -unit detached, small -lot single-family residential project (the "Project"); and WHEREAS, the Property is approximately 12.1 acres in size and is located in the "T" Transition Zone, which is a zone under the Zoning Code that includes "land that is used for agricultural uses, in a transitory or interim use, restricted to limited uses because of special conditions, or not zoned to one of the zoning districts in [the Zoning Code] for whatever reason, including recent annexation." 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. The Property is designated on the Land Use Element of the General Plan for "School" uses; and WHEREAS, General Plan Amendment No. 2015-00502 proposes to amend "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 "School" to "Low Density Residential" land uses so that the entirety of the Property will be designated for "Low Density Residential" land uses; and WHEREAS, Reclassification No. 2015-00279 proposes to rezone or reclassify the Property from the "T" Transition Zone to the "RS -4" Single -Family Residential Zone, which, combined with the Scenic Corridor (SC) Overlay Zone, means that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code shall apply in addition to, and, where inconsistent therewith, shall supersede any regulations of the "RS -4" Single -Family Residential Zone; and WHEREAS, Conditional Use Permit No. 2015-05796 proposes to permit the construction of the Project with modified development standards, i.e., a reduction in the rear yard setback requirements of the "RS -4" Single -Family Residential Zone for Lots No. 4, 7, 10, 11 and 27; and WHEREAS, Variance No. 2015-05011 proposes to permit a deviation of the sound attenuation standards permitted by the Code pertaining to the maximum exterior noise level within the rear yard of any single-family residential lot located within 600 feet from a freeway; and WHEREAS, Tentative Tract Map No. 17879 proposes to permit the construction of the Project in accordance with the design and improvements of the subdivision, as shown on proposed Tentative Tract Map No. 17879; and WHEREAS, General Plan Amendment No. 2015-00502, Reclassification No. 2015- 00279, Conditional Use Permit No. 2015-05796, Variance No. 2015-05011, Tentative Tract Map No. 17879, 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 October 22, 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 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 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 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. 324"). A complete copy of MMP No. 324 is attached hereto as Exhibit B and incorporated herein by this reference; and 2 WHEREAS, on November 16, 2015, the Planning Commission held a public hearing, 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. 324 and the comments received to date and the responses prepared, the Planning Commission adopted its Resolution No. PC2015-095 on November 16, 2015, finding 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 contained in MMP No. 324 and recommending that this City Council approve and adopt the Mitigated Negative Declaration and MMP No. 324; and WHEREAS, on January 12, 2016, the City Council did conduct a public hearing, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Chapter 18.60 of the Code, to hear and consider evidence for and against the Mitigated Negative Declaration and the Proposed Project and related actions and to investigate and make findings in connection therewith; and WHEREAS, the City Council intends and desires to use the Mitigated Negative Declaration as the environmental documentation required by CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual for the Proposed Project; and WHEREAS, based upon a thorough review of the Mitigated Negative Declaration and related documents and the evidence and reports received at said public hearing and upon the studies and investigation made by itself and in its behalf concerning the Mitigated Negative Declaration, MMP No. 324 and the Proposed Project, this City Council does find and determine as follows: 1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual and, together with MMP No. 324, serves as the appropriate environmental documentation for the Proposed Project; and 2. That this City Council 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) and MMP No. 324 prior to acting upon the Proposed Project; and 3. Based upon the record before it (including the Initial Study and any comments received), the Proposed Project will have a less than significant impact upon the environment with the implementation of the mitigation measures contained in MMP No. 324 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of this City Council. k WHEREAS, this City Council 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 City Council 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 this City Council hereby approves and adopts the Mitigated Negative Declaration for the Proposed Project and MMP No. 324 in the form attached hereto as Exhibit B, and authorizes and directs City staff to file with the Clerk of the County of Orange a Notice of Determination in accordance with Section 15075(a) of the CEQA Guidelines. %% rd THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 12 day of January , 2016, by the following roll call vote: AYES: Mayor Pro Tem Kring and Council Members Murray, Brandman, and Vanderbilt NOES: Mayor Tait ABSENT: None ABSTAIN: None ATT �6s - CITY CLERK OF THE CITY 00 ANAHEIM 114246/TJR 5 CITY OF ANAHEIM Klze (/Z— MAYOR OF TIIE CITY OF ANAHEIM APN: 359-011-83 EXHIBIT "A" DEV NO. 2015-00041 o soioo Source: Recorded Tract Maps and/or City GIS. 0 Feee Please note the accuracy is +/- two to five feet. EXHIBIT "B" MITIGATED NEGATIVE DECLARATION MITIGATION MONITORING PLAN NO. 324 Project Name: Riverdale Anaheim Residential Project Project Location: The Proposed Project is located at 4540 East Riverdale Avenue in the City of Anaheim, in the northern portion of Orange County, California The project site is within the U.S. Geological Survey (USGS) Orange 7.5 -minute quadrangle and located in the central portion of the City on the south side of Riverdale Avenue, west of Lakeview Avenue and just north of State Route 91 (SR -91). Freeway access to the project site is provided via SR -91. Address: 4540 E. Riverdale Avenue CEQA Action: Mitigated Negative Declaration Entitlement Requests: General Plan Amendment No. 2015-00502 Reclassification No. 2015-00279 Conditional Use Permit No. 2015-05796 Variance No. 2015-05011 Tentative Tract Map No. 17879 Project Description: The Proposed Project would include the development of 75 single-family residences, common landscape areas, and a passive park. A cul-de-sac and street loop would provide access to the homes from Riverdale Avenue, on approximately 12.09 acres of land. Freeway access to the project site is provided via SR -91. The Project Applicant is requesting approval of a General Plan Amendment to change the existing General Plan Land Use designation of the project site from a School to Low Density Residential land use. In addition, the Project Applicant is also requesting a Reclassification to change the existing zoning from the T (SC) (Transition — Scenic Corridor Overlay) Zone to the RS -4 (SC) (Single Family Residential — Scenic Corridor Overlay) Zone. Other requested entitlements include a Tentative Tract Map, a Conditional Use Permit, a Variance related to sound attenuation, and a Discretionary Exemption pertaining to right-of-way improvements. RIVERDALE RESIDENTIAL PROJECT MITIGATION MONITORING PLAN NO. 324 Terms and Definitions: Property Owner/Developer — Owner or developer of Riverdale Residential Project. 2. Environmental Equivalent/Timing — Any mitigation measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed "environmental equivalent/timing" and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency/timing shall be d o n e by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City's adopted Fee Schedule. Timing — This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Plan will occur, as routine City practices and procedures will ensure that the intent of the measure has been complied with. For example, if the timing is "to be shown on approved building plans" subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance. Responsibility for Monitoring — Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. Outside public agency review is limited to those public agencies specified in the Mitigation Monitoring Plan which have permit authority in conjunction with the mitigation measure. Ongoing Mitigation Measures — The mitigation measures that are designated to occur on an ongoing basis as part of this Mitigation Monitoring Plan will be monitored in the form of an annual letter from the property owner/developer in January of each year demonstrating how compliance with the subject measure(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored "Ongoing During Construction", the annual letter will review those measures only while construction is occurring; monitoring will be discontinued after construction is complete. A final annual letter will be provided at the close of construction. 6. Building Permit — For purposes of this Mitigation Monitoring Plan, a building permit shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building, but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building. MITIGATION MONITORING PROGRAM NO. 324 MITIGATION'OC FOR NUMBER TIMING MEASUREMONITORING W. BIOLOGICAL RESOURCES (a) In order to avoid impacts on nesting birds, vegetation removal shall not be scheduled during the breeding season (January 15—September 15) to the extent feasible. If vegetation clearing for construction must be conducted during the breeding season, a pre -construction survey shall be conducted by a qualified Biologist no earlier than three days prior to Prior to the issuance disturbance of vegetation to confirm the presence or absence of active Planning and Building MM -BIO -1 of a grading permit nests in the work area. If no active nests are found, vegetation removal Department can proceed. If the Biologist finds an active nest in or adjacent to the construction area and determines that the nest may be impacted, the Biologist shall identify an appropriate buffer zone around the nest depending on the sensitivity of the species, location of the nest, the existing level of human activity, and the nature of the construction activity. In order to avoid impacts to the western mastiff bat, a pre-construction survey of all suitable roosting habitat shall be conducted by a Qualified Biologist prior to any demolition or grading taking place during the bat maternity season (i.e., March 1 through August 31). All structures with MM-BIO-2 Prior to the issuance the potential to support roosting bats shall be inspected for sign (e.g., Planning and Building of a grading permit urine staining, guano deposits). Construction activities must stay a Department minimum of 200' from any active roost sites or as directed by the qualified biologist. Exclusionary measures may be implemented outside of the maternity season under the guidance of the qualified biologist to ensure no roosting during construction. A survey shall be conducted by a qualified Biologist for active raptor nests prior to commencement of any construction activities during the raptor-nesting season (January 15-September 15). Restrictions may be Prior to the issuance placed on construction activities in the vicinity of any active nest Planning and Building MM-BIO-3 of a grading permit observed until the nest is no longer active as determined by the Department Biologist. The Biologist shall identify an appropriate buffer zone around a nest to allow construction to proceed while minimizing disturbance to the active nest. Once the nest is no longer active, construction can proceed within the buffer zone. V. CULTURAL RESOURCES In the event that archaeological resources are unearthed during ground- disturbing activities associated with the Proposed Project, the contractor shall cease all earth-disturbing activities within 50 feet of During grading and the discovery and shall retain a qualified archaeologist. Construction Planning and Building MM-CUL-1 construction activities activities may continue in other areas. The archaeologist shall evaluate Department the resource and determine if the discovery is significant. If the discovery proves to be significant, additional work, such as data recovery excavation or resource recovery, may be warranted and shall be discussed in consultation with the appropriate regulatory agency. VIII. HAZARDS AND HAZARDOUS MATERIALS, Prior to demolition and/or construction activities, the project site shall be tested for asbestos containing materials (ACM) and lead-based paint (LBP) by a licensed contractor. The asbestos report shall be submitted to SCAQMD for review and approval. In addition, copies of the asbestos and lead report shall be provided to the City prior to the MM-HAZ-1 Prior to the issuance issuance of demolition permits. Removal or disturbance of material Planning and Building of a grading permit with any detectable amount of ACM or LBP must be handled in Department accordance with Occupational Safety and Health Administration (OSHA) regulations. All hazardous materials will be removed by trained and authorized personnel and disposed of at a licensed facility (generally a Class III landfill), in compliance with local, state, and federal regulations and guidelines. All applicable local, state and federal codes and regulations related to the treatment, handling, and disposal of asbestos and lead shall be observed if the Proposed Project requires asbestos and/or lead abatement. XII. NOISE The project applicant shall provide a "windows closed" condition for each proposed home. A "windows closed" condition requires a means MM -N-1 Prior to the issuance of mechanical ventilation per Chapter 12, Section 1205 of the Uniform Planning and Building of a building permit. Building Code. This shall be achieved with a standard forced air Department conditioning and heating system with a filtered outside air intake vent for each residential unit. The project applicant shall require that all construction contractors MM -N-2 Prior to issuance of a restrict the operation of any construction equipment that is powered by Planning and Building grading permit. a greater than 150 horse power engine from operating within 20 feet of Department any offsite structure. XIII.. PALEONTOLOGICAL RESOURCES In the event that paleontological resources are unearthed during ground -disturbing activities associated with the Proposed Project, the contractor shall cease all earth -disturbing activities within 50 feet of During grading and the discovery and shall retain a qualified paleontologist. Construction Planning and Building MM-PALEO-1 construction activities activities may continue in other areas. The paleontologist shall Department evaluate the resource and determine if the discovery is significant. If the discovery proves to be significant, additional work, such as data recovery excavation or resource recovery, may be warranted and shall be discussed in consultation with the appropriate regulatory agency.