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RES-2016-035RESOLUTION NO. 2016-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING A MITIGATED NEGATIVE DECLARATION AND A MITIGATION MONITORING PLAN FOR GENERAL PLAN AMENDMENT NO. 2015-00499, RECLASSIFICATION NO. 2015-00276, CONDITIONAL USE PERMIT NO. 2015-05780, TENTATIVE TRACT MAP NO. 17846 AND TENTATIVE TRACT MAP NO. 17992. (DEV2014-00095) (1110-1116 NORTH ANAHEIM BOULEVARD AND 115-125 WEST LA PALMA 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. 2015-00499"), Reclassification No. 2015-00276, Conditional Use Permit No. 2015-05780, Tentative Tract Map No. 17846, and Tentative Tract Map No. 17992 for certain real property commonly known as 1110-1116 North Anaheim Boulevard and 115-125 West La Palma 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 162 single-family attached condominium units and 922 square feet of commercial space (the 'Project"); and WHEREAS, the Property is approximately 7 acres in size and is located, in part, in the "I" Industrial Zone, which is a zone under the Zoning Code that "provide[s] for and encourage[s] the development of industrial uses and their related facilities, recognize[s] the unique and valuable existing industrial land resources, and encourage[s] industrial employment opportunities within the City", and, in part, in the "CG" General Commercial Zone, which is a zone under the Zoning Code that "allow[s] a variety of land uses, including some identified for the Neighborhood Center Commercial Zone ...." The Property is designated on the Land Use Element of the General Plan for "Mixed Use" and "Open Space" uses; and WHEREAS, General Plan Amendment No. 2015-00499 proposes to amend (1) "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 "Open Space" to "Mixed Use" land uses so that the entirety of the Property will be designated for "Mixed Use" land uses, and (2) Figures C-1, C-5, and C-6 of the Circulation Element of the Anaheim General Plan to remove the right -turn road connector from westbound La Palma Avenue to northbound Anaheim Boulevard; and WHEREAS, Reclassification No. 2015-00276 proposes to establish the Mixed Use (MU) Overlay Zone on the Property, which will define the allowable land uses and property development standards for the Property in accordance with Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"); and WHEREAS, all mixed-use development within the Mixed Use (MU) Overlay Zone is subject to the approval by the Planning Commission of a conditional use permit pursuant to Subsection .120 of Section 18.32.030 (Uses). Pursuant to subsection .070 of Section 18.32.030 (Uses), the proposed ground floor units facing the street are required to be used for commercial uses, which may include the non-residential portion of live/work units; provided, however, that this requirement may be modified by conditional use permit. If approved, Conditional Use Permit No. 2015-05780 will permit all but one of the ground floor units at the corner of La Palma Avenue and Anaheim Boulevard to be residential; and WHEREAS, pursuant to Section 18.32.040 (Site Area and Floor Ratio), the minimum density of a mixed use project must be 36 units to the acre or as otherwise determined by conditional use permit. If approved, Conditional Use Permit No. 2015-05780 will permit a density of 23 units to the acre; and WHEREAS, pursuant to subsection .020 of Section 18.32.070 (Building Setbacks), the setbacks may be determined by conditional use permit. If approved, Conditional Use Permit No. 2015-05780 will modify the minimum setback requirements for streets, interior property lines and between buildings; and WHEREAS, Tentative Tract Map No. 17846 proposes to permit the construction of a portion of the Project in accordance with the design and improvements of the subdivision, as shown on proposed Tentative Tract Map No. 17846; and WHEREAS, Tentative Tract Map No. 17992 proposes to permit the construction of a portion of the Project in accordance with the design and improvements of the subdivision, as shown on proposed Tentative Tract Map No. 17992; and WHEREAS, General Plan Amendment No. 2015-00499, Reclassification No. 2015- 00276, Conditional Use Permit No. 2015-05780, Tentative Tract Map No. 17846, Tentative Tract Map No. 17992 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 November 20, 2015 and was also made available for review on the City's website at www.anaheim.net. A complete copy of 2 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 State 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 State 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. 325"). A complete copy of MMP No. 325 is attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, on December 14, 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. 325 and the comments received and the responses prepared, the Planning Commission adopted its Resolution No. PC2015-112 on December 14, 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. 325 and recommending that this City Council approve and adopt the Mitigated Negative Declaration and MMP No. 325; and WHEREAS, on February 9, 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 State CEQA Guidelines and the City's Local CEQA Procedure Manual for the Proposed Project; and WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMP No. 325 and related documents and the evidence and reports received at said public hearing and upon the studies and investigation made by itself and 3 in its behalf concerning the Mitigated Negative Declaration, MMP No. 325 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 State CEQA Guidelines, and the City's Local CEQA Procedure Manual and, together with MMP No. 325, 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. 325 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. 325 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of this City Council. 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. 325 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 State CEQA Guidelines. G THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 9 thday of February , 2016, by the following roll call vote: AYES: Mayor Tait and Council Members Kring, Murray, Brandman, and Vanderbilt NOES: None ABSENT: None ABSTAIN: None ATTEST - CITY CLERK OF THE CITY OF ANAHEIM 114588/TJR 5 CITY OF ANAHEIM (/2,— MAYOR OF THE 61TY OF ANAHEIM EXHIBIT "A" DEV NO. 2014-00095 APN: 267-151-02 267-152-07 267-151-11 267-152-04 267-151-09 0 267-151-08 267-151-06 267-151-01 u, 267-151-10 a 267-152-05 z 267-152-06 a z �0 140' 553' m (V � a2 co O 4\ 9' S8S i� N � N c9. 21' 8g. 170' �� 47' W LA PALMA AVE s3' 19' Z Z R+ N O Z Z o so zoo Source: Recorded Tract Maps and/or City GIS. 1111c::� Feet Please note the accuracy is +/- two to five feet. EXHIBIT "B" MITIGATION MONITORING PLAN NO. 325 FOR LA PALMA VILLAGE CEQA Action: Mitigated Negative Declaration 1. Project Description — ■ General Plan Amendment to change a portion of the project site's land use designation from Open Space to Mixed Use; the remainder of the project site is already designated for Mixed Use. A General Plan Amendment to revise circulation maps in the Circulation Element to reflect the new street alignment for La Palma Avenue. (GPA2015-00499) ■ Reclassification of the project site to add the Mixed Use (MU) Overlay Zone to the project site's existing Commercial General (CG) and Industrial (1) zones (RCL2015-00276). ■ Conditional Use Permit to allow a mixed-use project with single-family attached residential units and modification of development standards (CUP2015-05780). ■ Tentative Tract Map No. 17846 to establish a single residential lot with 152 condominium units. ■ Tentative Tract Map No. 17992 to establish a single residential lot with 10 condominium units. 2. Applicant — Integral Communities, LLC, 888 San Clemente, Suite 100, Newport Beach, CA 92660 3. 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 borne 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. 4. 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 Program will occur because 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. 5. 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. 6. Ongoing Mitigation Measures — The mitigation measures that are designated to occur on an ongoing basis as part of this mitigation monitoring program will be monitored in the form of an annual letter from the property owner/developer in January of each year stating how compliance with the subject measures(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 completed. Timing Mitigation Measure Responsible for Monitoring Completion AIR QUALITY Prior to the issuance of grading, demolition or building plans, whichever occurs first, and during construction. AQ -1 The construction contractor(s) shall use equipment that meets the United States Environmental Protection Agency (EPA) Certified Tier 3 off-road emissions standards for off-road diesel -powered construction equipment greater than 50 horsepower utilized for demolition activities. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine, as defined by California Air Resources Board (CARB) regulations. Prior to construction, the project engineer shall ensure that all construction management plans clearly show the requirement for EPA Tier 3 or higher emissions standards for construction equipment over 50 horsepower used for demolition activities. During construction, the construction contractor shall maintain a list of all operating equipment in use on the project site for verification by the Building Division Official or their designee. The construction equipment list shall state the makes, models, and numbers of construction equipment onsite. Equipment shall be properly serviced and maintained in accordance with the manufacturer's recommendations. Construction contractors shall also ensure that all nonessential idling of all construction equipment is restricted to five minutes or less, in compliance with CARB's Rule 2449. HAZARDS AND HAZARDOUS MATERIALS Planning Department Prior to issuance of HAZ-1 Prior to issuance of a grading permit, the project applicant/developer shall ensure that all Anaheim Fire & Rescue; grading permits. soil sample results from ASTM Phase I Environmental Site Assessment and Limited Planning Department Phase H Assessment, La Palma Project, dated December 17, 2014, from Haley & Aldrich, are submitted to the appropriate agency (i.e., Orange County Health Care Agency, Department of Toxic Substances and Control, or the Regional Water Quality Board) for review and coordination. With their oversight additional environmental site assessment would be completed and a determination shall be made as to whether a cleanup is required. Cleanup activities would be consistent with all applicable State and local rules, regulations, and laws. A cleanup would not be considered complete until confirmatory samples of soil and/or groundwater reveal levels of contamination below the standards established by the oversight agency. In conjunction with the additional site assessment, a risk assessment may be prepared for the site to determine that there are no human or environmental risks associated with leaving contamination below specific levels in place. Construction in the impacted area shall not proceed until a "no further action" clearance letter or similar determination is issued by the oversight agency and provided to the City of Anaheim, or until a land use covenant is implemented. Ongoing during project HAZ-2 Ongoing during project demolition and construction, in the event of hazardous waste, Southern California Air Quality demolition and including asbestos containing material, is discovered during site preparation or Management District; construction. construction, the project applicant/developer shall ensure that the identified hazardous Public Works Department waste and/or hazardous material are handled and disposed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code, Division, 20, Chapter 6.5), and according to the requirements of the California Administrative Code, Title 30, Chapter 22. Timing I Mitigation Measure Responsible for Monitoring Completion PALEONTOLOGICAL RESOURCES In conjunction with PALEO-1 Prior to the beginning of ground disturbances, the project applicant/developer shall retain a Public Works Department; grading permit and qualified paleontologist to monitor ground -disturbing activities that occur in older Planning Department ongoing during ground- Quaternary deposits, which could occur five feet below ground surface. Before ground - disturbing activities. disturbing activities begin, a qualified paleontologist shall prepare a monitoring plan, specifying the frequency, duration, and methods of monitoring. The paleontologist shall train construction workers regarding types of paleontological resources that could be identified in the project site sediments. Sediment samples shall be collected and processed to determine the small fossil potential in the project site, and any fossils recovered during mitigation should be deposited in an accredited and permanent scientific institution. NOISE Prior to issuance of building permits N-1 The applicant/developer shall seek a minor deviation from the City's exterior noise compatibility standards (i.e., 65 dBA CNEL) since the provisions of Municipal Code Section 18.050.090.060 are satisfied. Planning Department Prior to issuance of N-2 Prior to issuance of building permits for each residential structure within the development, Planning Department, Building building permits for each a detailed acoustical study based on architectural plans shall be prepared by a qualified Division residential structure acoustical consultant and submitted to the City's Planning Department, Building Division. The study will demonstrate that all residential units will meet the 45 dBA CNEL interior noise standards for habitable rooms (i,e., bedrooms, living rooms, dens, kitchens) despite exterior noise from traffic. The report shall evaluate the effects of the precise building placement and design materials used for construction. It shall describe and quantify the noise sources impacting the buildings, the amount of outdoor to indoor noise reduction provided by the structure, and any upgrades required to meet the interior noise standard. This standard must be achieved with the windows closed in conjunction with a fresh air mechanical ventilation or air conditioning system, and it may require upgraded construction methods and materials. The measures described in the report shall be incorporated into the architectural plans for the buildings and implemented with building construction. Timing Mitigation Measure Responsible for Monitoring Completion Prior to approval of final N-3 The following enhanced building construction methods and materials must be employed to Public Works Department; site plan achieve an exterior -to -interior noise reduction of at least 26 dB for proposed units adjacent Planning Department, Building to Anaheim Boulevard (west) and La Palma Avenue. Division a) Air conditioning or mechanical ventilation b) Double -paned glass c) Solid -core doors with weather stripping and seals d) Stucco or brick veneer exterior walls or wood siding w/one-half-inch-thick Fiberboard identify the timing and funding mechanism for the full traffic signal improvement at the underlayer e) Glass portions of windows/doors not to exceed 20 percent of the wall assembly f) Exterior vents facing the traffic noise sources shall be acoustically baffled Public Works Department; g) The exterior wall assemblies as a whole (but including windows, doors, wall appropriate fair share to add a northbound through lane at the intersection of Harbor Planning Department construction materials, and insulation) shall have a demonstrated STC rating of 30 Boulevard and La Palma Avenue. The fair share shall not exceed 9 percent of the total STC or greater. Achieving this objective for exterior walls may entail the use of double interior walls or the attachment of interior sheetrock via resilient channels. TRANSPORTATION /TRAFFIC Development Transportation Impact Analysis, Fehr and Peers, August 2015. The City of Prior to issuance of TRANS -1 Prior to issuance of building permits, the property owner/developer shall pay an Public Works Department; building permits appropriate fair share to install a traffic signal at the intersection of Anaheim Boulevard Planning Department and Carl Karcher Way. The fair share shall not exceed 60 percent of the total improvement cost, as identified in the Anaheim Boulevard & La Palma Avenue Development Transportation Impact Analysis, Fehr and Peers, July 2015. The City of Anaheim shall identify the timing and funding mechanism for the full traffic signal improvement at the intersection of Anaheim Boulevard and Carl Karcher Way. Prior to issuance of TRANS -2 Prior to issuance of building permits, the property owner/developer shall pay an Public Works Department; building permits appropriate fair share to add a northbound through lane at the intersection of Harbor Planning Department Boulevard and La Palma Avenue. The fair share shall not exceed 9 percent of the total improvement cost, as identified in the Anaheim Boulevard & La Palma Avenue Development Transportation Impact Analysis, Fehr and Peers, August 2015. The City of Anaheim shall identify the timing and funding mechanism for the full traffic signal improvement at the intersection of Harbor Boulevard and La Palma Avenue. Prior to issuance of TRANS -3 Prior to issuance of building permits, the project owner/developer shall coordinate with Public Works Department; building permits Orange County Transportation Authority (OCTA) and the City of Anaheim to relocate the Planning Department; Orange bus stops on the north and south sides of La Palma Avenue between Anaheim Boulevard County Transportation Authority East and Anaheim Boulevard West, if deemed necessary. The City of Anaheim and OCTA will identify the timing, specifications, and funding mechanism for this improvement.