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Resolution-PC 2017-067RESOLUTION NO. PC2017-067 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING THAT AN ADDENDUM TO THE PREVIOUSLY -CERTIFIED FINAL ENVIRONMENTAL REPORT NO. 330 AND SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 346 IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 18088 (DEV2016-00138) (633-711 SOUTH EAST STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for the approval of Tentative Tract Map No. 18088 to establish a 1 -lot, 42 -unit attached residential subdivision for that certain real property located at 633-711 South East Street 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"); and WHEREAS, Tentative Tract Map No. 18088 is proposed in conjunction with a request (i) to amend the Land Use Element of the General Plan to re -designate the Property designated as "Low- Medium Density Residential" to "Medium Density Residential" land uses, which amendment to the General Plan is designated as General Plan Amendment No. 2016-00512, and (ii) for approval of a conditional use permit to permit construction of the Project with modified development standards, which is designated as "Conditional Use Permit No. 2016-05902". General Plan Amendment No. 2016-00512, Conditional Use Permit No. 2016-05902, Tentative Tract Map No. 18088, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is approximately 1.78 acres in size and is currently improved with industrial structures. The Property is located in the "I" Industrial Zone, which is a zone under the Zoning Code. The Property is also located within the Residential Opportunity (RO) Overlay Zone, meaning that the regulations contained in Chapter 18.34 (Residential Opportunity (RO) Overlay Zone) of the Code shall apply. The Property is designated on the Land Use Element of the General Plan for "Low -Medium Density Residential" uses; 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 Implementation of the California Environmental Quality Act (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, in May 2004, the City Council certified the General Plan and Zoning Code Update Program EIR No. 330 (EIR 330), which evaluated impacts associated with implementation of the Anaheim General Plan and Zoning Code Update and created a Mitigation Monitoring Program No. 122 to mitigate those impacts. The project site was designated for Low -Medium Density Residential land use as a part of the update; and - 1 - PC2017-067 WHEREAS, in September 2013, the City Council certified Supplemental Environmental Impact Report No. 346 (SEIR 346) for the Anaheim Housing Opportunities Site Rezoning. The City approved Mitigation Monitoring Program No. 122A as part of SEIR 346. SEIR 346 supplemented EIR 330 in the areas of air quality, greenhouse gas emissions, noise, and transportation and traffic. The Rezoning implemented a key strategy of the City's 2006-2014 General Plan Housing Element by rezoning the properties identified as Housing Opportunities Sites in the Housing Element. The proposed rezoning of these approximately 166 sites allowed "by -right" housing development at these locations by applying one of two overlay zones to these properties: the Residential Opportunity (RO) Overlay Zone or the Mixed Use (MU) Overlay Zone. The project site was reclassified to the "RO" Overlay Zone as apart of the Rezoning Project; and WHEREAS, a draft Addendum to EIR 330 SEIR 346 has been prepared to evaluate the environmental impacts of the Proposed Project and to identify necessary mitigation; and WHEREAS, in conformance with CEQA, 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 "MMP347"). A complete copy of MMP No. 347 is on file and can be viewed in the Planning Services Division of the City; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 7, 2017 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission finds and determines and recommends that the City Council also find and determine 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 attached to that concurrent Resolution and contained in MMP 347 and that the City Council approve and adopt MMP 347; and WHEREAS, the Planning Commission, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request to approve Tentative Tract Map No. 18088, does find and determine and recommends that the City Council so find and determine the following facts: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 18088, including its design and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly with the "Medium Density Residential" land use designation proposed as part of General Plan Amendment No. 2016-00512, now pending. 2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 18088, including its design and improvements, is consistent with the zoning and development standards of the "RM -4" Multiple Family Residential Zone and the regulations contained in Chapter 18.34 (Residential Opportunity (RO) Overlay Zone) of the Code. - 2 - PC2017-067 3. That the site is physically suitable for the type and density of the Proposed Project. 4. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 18088, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified. 5. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 18088, or the type of improvements is not likely to cause serious public health problems. 6. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 18088, or the type of improvements will not conflict with easements acquired by the public, at large, for access through or use of property within the proposed subdivision. WHEREAS, the Planning Commission 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. The Planning Commission 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, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the Planning Commission of the City of Anaheim, based upon a thorough review of the Proposed Project, the Addendum , EIR 330, SEIR 346, and the evidence received to date, does determine as follows: 1. That the Addendum was prepared in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual; 2. That, based upon the evidence submitted and as demonstrated by the analysis included in the Addendum, none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental environmental impact report or negative declaration have occurred; specifically: (a) There have not been any substantial changes in any of the entitlements that were analyzed in EIR 330 and SEIR 346 that require major revisions of EIR 330 or SEIR 347 because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) There have not been any substantial changes with respect to the circumstances under which the Proposed Project is undertaken that require major revisions of EIR 330 and SEIR 346 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (c) There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time EIR 330 and SEIR 346 were certified as complete and adopted, that shows any of the following: -3 - PC2017-067 (i) The Proposed Project will have one or more significant effects not discussed in EIR 330 and SEIR 346; (ii) Significant effects previously examined will be substantially more severe than shown in EIR 330 and SEIR 346; (iii) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Proposed Project, but the proponents of the Proposed Project decline to adopt the mitigation measures or alternatives; or (iv) Mitigation measures or alternatives which are considerably different from those analyzed in EIR 330 and SEIR 346 would substantially reduce one or more significant effects on the environment, but the proponents of the Proposed Project decline to adopt the mitigation measures or alternatives. BE IT FURTHER RESOLVED that, pursuant to the above findings, the Planning Commission determines that EIR 330 and SEIR 346, together with the Addendum, are adequate to serve as the required environmental documentation for the Proposed Project. BE IT FURTHER RESOLVED that the Planning Commission has reviewed and considered Mitigation Monitoring and Reporting Program No. 347 ("MMP 347"), which was prepared for the Proposed Project and includes mitigation measures from EIR 330 and SEIR 347 that are specific to the Proposed Project, and, in accordance with the requirements of CEQA, finds and detennines that, with the imposition of identified mitigation measures, the Proposed Project will not result in any new significant impacts to the environment and there is no substantial evidence that the Proposed Project will have a significant effect on the environment. BE IT FURTHER RESOLVED that, based upon the aforesaid findings and determinations, the Planning Commission does hereby recommend that the City Council of the City of Anaheim approve Tentative Tract Map No. 18088, contingent upon and subject to: (1) the adoption by the City Council of (i) a resolution approving and adopting General Plan Amendment No. 2016- 00512; (ii), a resolution approving Conditional Use Permit No. 2016-05902, all of which entitlements are now pending; and (iii) the mitigation measures set forth in MMP 347; and the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete said conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. - 4 - PC2017-067 BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 7, 2017. Said Resolution is subject to the appeal provisions set forth in Section 17.08.104 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal., CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: t SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 August 7, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: CARBAJAL, DALATI, GILLESPIE, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: ARMSTRONG ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 7"' day of August, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017-067 EXHIBIT "A" DEV NO. 2016-00138 APN: 037-130-21 AVE�� nR kP 6Vk00K pl , o �1V E 0 PKs C N � o � t+1 C3 2 E SooTN 5� � �pR� Ooo Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. - 6 - PC2017-067 EXHIBIT "B" TENTATIVE TRACT MAP NO. 18088 (DEV2016-00138) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO APPROVAL OF THE FINAL MAP 1 The final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be filed in the Office of public Works, the Orange County Recorder. Development Services 2 All structures shall be demolished. A demolition permit shall be obtained from the Building Division of the Planning and Building Deparment. publicWorks, Development Services ices The property owner shall irrevocably offer to dedicate to the City of Anaheim an easement of 45 feet in width in East Street for road, public, public Works, utilities and other public purposes. Development Services 4 Prior to final map approval the vehicular access rights to East St. shall be released and relinquished to the City of Anaheim, except at approved public Works, driveway openings. Development Services 5 That prior to development approval, a maintenance covenant, shall be public Works submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private Development Services facilities, including compliance with approved Water Quality Management Plan, and a maintenance exhibit. Maintenance responsibilities shall include parkway landscaping and irrigation on South Street and the private street. The covenant shall be recorded in the Office of the Orange County Recorder. 6 That prior to development approval, the legal property owner shall public Works, execute a Subdivision Agreement, in a form approved by the City Development Services Attorney, to complete the required public improvements at the legal property owner's expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section approved by the City Attorney and City Engineer. 7 The developer shall submit street improvement plans to the Public Works Department, Development Services Division and a bond shall be posted public Works, to guarantee that East Street is improved per Public Works Standard Detail Development Services 160-A prior to issuance of a building permit. - 7 - PC2017-067 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 The applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to Planning and Building individually and collectively as "Indemnities") from any and all claims, Department, actions or proceedings brought against Indemnities to attack, review, set Planning Services aside, void, or annul the decision of the Indemnities concerning this permit Division or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant" s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. 9 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For planning and Building example, conditions of approval that are required to be complied with Department, prior to the issuance of building permits shall be provided on plans Planning Services submitted for building plan check. This requirement applies to grading Division permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. 10 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the Planning and Building issuance of the final invoice or prior to the issuance of building permits Department, for this project, whichever occurs first. Failure to pay all charges shall Planning Services result in delays in the issuance of required permits or may result in the Division revocation of the approval of this application. 11 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant planning and Building and which plans are on file with the Planning Department, and as Department, conditioned herein. Planning Services Division - 8 - PC2017-067