Loading...
RES-2016-134RESOLUTION NO. 201 6-1 34 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 2015-00505, RECLASSIFICATION NO. 2015- 00284, CONDITIONAL USE PERMIT NO. 2015-05832, TENTATIVE TRACT MAP NO. 17959 AND DEVELOPMENT AGREEMENT NO. 2016-00003 WITH SAGECREST, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (DEV2015-00101) (415 SOUTH ANAHEIM HILLS ROAD) WHEREAS, the City of Anaheim (the "City") received a verified petition from Sagecrest, LLC, a California limited liability company (the "Developer"), requesting that the City consider and approve General Plan Amendment No. 2015-00505, Reclassification No. 2015-00284, Conditional Use Permit No. 2015-05832, Tentative Tract Map No. 17959 and Development Agreement No. 2016-00003 for certain real property commonly known as 415 South Anaheim Hills Road 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 60 single-family, attached condominium units (the "Proposed Project"); and WHEREAS, the Property is approximately 8.4 acres in size and is located in the "OS" Open Space Zone. 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 "Open Space" and "Water" land uses; and WHEREAS, General Plan Amendment No. 2015-00505 proposes to amend "Figure LU - 4: Land Use Plan" of the Land Use Element of the General Plan to re -designate those portions of the Property designated as "Open Space" and "Water" land uses to "Corridor Residential", "Open Space" and "Water" land uses so that a portion of the Property will be designated for "Corridor Residential" land uses and a portion of the Property will remain "Open Space" and "Water" land uses; and WHEREAS, Reclassification No. 2015-00284 proposes to rezone or reclassify the Property from the "OS" Open Space Zone to the "RM -1" Multiple Family Residential Zone, which will define the allowable land uses and property development standards for the Property in accordance with Chapter 18.06 (Multiple -Family Residential Zone) of Title 18 (Zoning) of the Code. Upon approval of Reclassification No. 2015-00284, the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code will also apply to the Property and, where inconsistent therewith, will supersede any regulations of the "RM -I" Multiple Family Residential Zone; and 1 WHEREAS, all development within the "RM -1" Multiple -Family Residential Zone that includes single-family attached and detached dwellings is subject to approval by the Planning Commission of a conditional use permit pursuant to Subsection .010 of Section 18.06.160 (Residential Planned Unit Development) of the Code. Pursuant to subsection .030 of Section 18.06.160 (Residential Planned Unit Development) of the Code, setbacks may be modified in order to achieve a good project design, privacy, livability and compatibility with surrounding uses. If approved, Conditional Use Permit No. 2015-05832 will modify the minimum setback requirements, as set forth in Section 18.06.090 of the Code, and the setbacks between buildings as set forth in Subsection .050 of Section 18.06.090 of the Code; and WHEREAS, Tentative Tract Map No. 17959 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. 17959; and WHEREAS, Development Agreement No. 2016-00003 proposes to provide the Developer a vested right to develop the Project in accordance with General Plan Amendment No. 2015-00505, Reclassification No. 2015-00284, Conditional Use Permit No. 2015-05832 and Tentative Tract Map No. 17959 for the term of the Development Agreement; and WHEREAS, General Plan Amendment 2015-00505, Reclassification No. 2015-00284, Conditional Use Permit No. 2015-05832, Tentative Tract Map No. 17959, Development Agreement No. 2016-00003 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 May 12, 2016 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 of City Hall 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 2 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. 333"). A complete copy of MMP No. 333 is attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, on June 13, 2016, 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. 333 and the comments received and the responses prepared, the Planning Commission adopted its Resolution No. PC2016-050 on June 13, 2016, 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. 333 and recommending that this City Council approve and adopt the Mitigated Negative Declaration and MMP No. 333; and WHEREAS, on July 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 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. 333 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. 333 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. 333, 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. 333 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. 333 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. 333 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 12 day of July , 2016, by the following roll call vote: AYES: Mayor Pro Tem Kring and Council Members Murray, Brandman, and Vanderbilt NOES: None ABSENT: Mayor Tait ABSTAIN: None ATTES CITY CLERK OF THE CITY OF NAHEIM 117809v1/TJR 11 CITY OF ANAHEIM MAVOR OF THE CITY OF N EIM PRO TEM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2016-134 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 12th day of July, 2016, by the following vote of the members thereof: AYES: Mayor Pro Tem Kring and Council Members Murray, Brandman and Vanderbilt NOES: None ABSTAIN: None ABSENT: Mayor Tait IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of July, 2016. pra6'0� CITY CLERK OF THE CITY F ANAHEIM (SEAL) EXHIBIT "A" DEV NO. 2015-00101 EXHIBIT "B" ANAHEIM HILLS ROAD RESIDENTIAL PROJECT MITIGATION MONITORING PROGRAM NO. 333 Terms and Definitions: Property Owner/Developer — Owner or developer of Anaheim Hills Road Residential Project. 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. 4. 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. EXHIBIT "B" MITIGATION MONITORING PROGRAM NO. 316 MITIGATION RESPONSIBLE NUMBER TIMING MEASURE OR MONITORING COMPLETION A survey for active raptor nests shall be conducted no less than three days prior to commencement of any construction activities during raptor nesting season (January 15 -September 15). Restrictions may be placed on construction activities in the MM -13I0-1 Prior to the issuance vicinity of any active nest observed until the nest is no longer Planning and Building of a grading permit active as determined by a qualified Biologist. A 500 -foot buffer Department zone shall be designated 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 in the buffer zone. 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 qualified Biologist shall conduct pre -construction surveys for nesting birds no less than three days prior to disturbance to confirm the absence of active nests in the work area. If no Prior to the issuance active nests are found, tree removal can proceed. If the Planning and Building MM -BIO -2 of a grading permit Biologist finds an active nest in or adjacent to the Department construction area and determines that the nest may be impacted, the Biologist shall identify an appropriate buffer zone (typically, 100 to 300 feet) around the nest. The size of the buffer may vary depending on site features,the sensitivity of the species, location of the nest, the existing level of human activity, and the nature of the construction activity, but will be designed to prevent disruption of nesting activity. Once the nest is no longer active, construction can proceed in the buffer zone. Prior to the initiation of construction activities, the limits of MM -BIO -3 Prior to the issuance disturbance (project impact area) shall be clearly defined and Planning and Building of a grading permit marked in the field with fencing, stakes, or flagging in order to Department prevent damage to adjacent vegetation and habitat. MM -13I0-4 Prior to the issuance All equipment maintenance, staging, and dispensing of fuel, oil, Planning and Building of a grading permit coolant, or any other toxic substances shall occur only in Department designated areas within the project site's proposed limits. These designated areas shall be clearly marked and located in such a manner as to contain run-off. �� ♦��.�Y�*��VI�A�T.! - �... _. ., '.. ::. ♦ ,�,� r1 1*Ai�,.. Y' �i i' ,N.MY��M In the event that cultural resources are unearthed during ground - disturbing activities associated with the Proposed Project, the contractor shall cease all earth -disturbing activities within 50 feet of the discovery and shall retain a qualified archaeologist. Construction activities may continue in other areas. The MM -CUL -1 Prior to the issuance archaeologist shall evaluate the resource and determine if the Planning and Building of a grading permit discovery is significant. If the discovery proves to be Department 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 and/or tribal group. The Applicant shall construct a minimum 4.0 -foot high solid wall on the east side of the proposed private patios for: (1) the northern most unit of the south building with 12 units; and (2) MM-NOI-1 Prior to the issuance the eastern most unit of the north building with 5 units. The Planning and Building of a grading permit sound walls shall be required to be constructed of a solid Department material (e.g., glass, wood or plaster) that are free of any cutouts or openings. The Applicant shall provide a "windows closed" condition for each proposed townhome. A "windows closed" condition Prior to the issuance requires a means of mechanical ventilation per Chapter 12, Planning and Building MM-NOI-2 of a building permit Section 1205 of the Uniform Building Code. This shall be Department achieved with a standard forced air conditioning and heating system for each residential unit. *' 'y,. ` 5 '¢p #'A ^�y� k'. .''y4d .}L.,' + F. <3',k�k �.e5 1�+4*M.�2 T {�;.. MW r, ��` 1 Y^' t lY.<i•HLL' ll.FCW£WI • ., -.., ' £�^MI ' ,"^a+ t,.;:l° `5 5' . i n'ia;<. ;;,.,. w l M ,p+as.l�r� ,k, .,. h In the event that paleontological resources are unearthed during MM -PAL -1 Prior to the issuance ground -disturbing activities associated with the Proposed Planning and Building of a grading permit Project, the contractor shall cease all earth -disturbing activities Department within 50 feet of the discovery and shall retain a qualified paleontologist. Construction activities may continue in other areas. The paleontologist shall 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. X t�II� 1t itTBAL Cil > )L�)l i� 3 �s4 a �'�jq, 1J, � 00 ri rqy , .4 +. 'R 'Y,iq.... c'"i P..Z Y 4 ? In the event that potential tribal cultural resources are unearthed during ground -disturbing activities associated with the Proposed Project, the contractor shall cease all earth -disturbing activities within 50 feet of the discovery and shall notify the appropriate tribal group to assign a tribal monitor to inspect and evaluate the MM -TRI -1 Prior to the issuance potential tribal cultural resource. Construction activities may Planning and Building of a building permit continue in other areas. The tribal monitor shall evaluate the Department 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 tribal groups.