Resolution-PC 2017-079RESOLUTION NO. PC2017-079
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING AND RECOMMENDING
THAT THE CITY COUNCIL APPROVE AND ADOPT A
MITIGATED NEGATIVE DECLARATION FOR PROPOSED GENERAL
PLAN AMENDMENT NO. 2016-00509, RECLASSIFICATION NO. 2016-00293,
CONDITIONAL USE PERMIT NO. 2017-05933, AND
TENTATIVE TRACT MAP NO. 18045
(DEV2016-00042)
(312-400 SOUTH EUCLID STREET AND 1678 WEST BROADWAY)
WHEREAS, the City of Anaheim (the "City") received a verified petition from KB Home,
Inc., a California Corporation (the "Developer"), requesting that the City consider and approve
General Plan Amendment No. 2016-00509, Reclassification No. 2016-00293, Conditional Use
Permit No. 2017-05933, and Tentative Tract Map No. 18045 for certain real property located at
312-400 South Euclid Street and 1678 West Broadway 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 39
single-family, attached and detached condominium units (the "Proposed Project"); and
WHEREAS, the Property is approximately 2.35 acres in size and is currently located in the
"C -G" General Commercial Zone and is designated on the Land Use Element of the General Plan
for "General Commercial" and "Residential Corridor " land uses; and
WHEREAS, General Plan Amendment No. 2016-00509 proposes to amend "Figure LU -4:
Land Use Plan" of the Land Use Element of the General Plan to redesignate the Property from the
"General Commercial" and "Residential Corridor " to the "Residential Low -Medium" land use
designation; and
WHEREAS, Reclassification No. 2016-00293 proposes to rezone or reclassify the Property
from the "C -G" General Commercial Zone to the "RM -3" Multiple Family Residential Zone,
which will define the allowable land uses and development standards for the Property in
accordance with Chapter 18.06 (Multiple -Family Residential Zone) of Title 18 (Zoning) of the
Code; and
WHEREAS, Conditional Use Permit No. 2017-05933 proposes to allow a 39 -unit detached
and attached single-family residential development with modified development standards within
the "RM -3" Multiple -Family Residential Zone, 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; and
WHEREAS, Tentative Tract Map No. 18045 proposes to create a 1 -lot, 39 unit
condominium subdivision; and
WHEREAS, General Plan Amendment 2016-00509, Reclassification No. 2016-00293,
Conditional Use Permit No. 2017-05933, and Tentative Tract Map No. 18045 shall be referred to
herein collectively as the "Proposed Project"; and
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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 5, 2017 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 were 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. 348"). A complete copy of
MMP No. 348 is attached hereto as Exhibit B and incorporated herein by this reference; and
WHEREAS, the City 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, the Planning Commission did hold a public hearing at the Anaheim Civic
Center, Council Chamber, 200 South Anaheim Boulevard, on November 13, 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 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. 348 and the comments received to date and the
responses prepared, the Planning Commission, based upon a thorough review of the Mitigated
Negative Declaration and related documents and the evidence received concerning the Mitigated
Negative Declaration, does find and determine as follows:
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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. 348, serves as the appropriate environmental documentation for the
Proposed Project;
2. That it 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) 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. 348 and that the Mitigated
Negative Declaration reflects the independent judgment and analysis of the Planning Commission.
WHEREAS, this 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. This 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 this Planning Commission, pursuant to the
above findings and based upon a thorough review of the Mitigated Negative Declaration and the
evidence received to date, does hereby recommend that the City Council carefully review and
consider the information contained in the Mitigated Negative Declaration (including the Initial
Study and any comments received during the public review period) and 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. 348, serves as the appropriate environmental documentation for the
Proposed Project;
2. Based upon the record before it (including the Initial Study and any comments
received), that the Proposed Project will have a less than significant impact upon the environment
with the implementation of the mitigation measures contained in MMP No. 348 and that the
Mitigated Negative Declaration reflects the independent judgment and analysis of the City
Council;
3. That the City Council approve and adopt Mitigated Negative Declaration and MMP
No. 348; and
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4. That the City Council authorize and direct 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 was adopted at the Planning Commission meeting of
November 13, 2017. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal 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:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on November 13, 2017, by the following vote of the
members thereof:
AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE, LIEBERMAN,
WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CARBAJAL, KEYS
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of November, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00042
APN: 250-051-02,031
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EXHIBIT B
MITIGATION MONITORING AND
REPORTING PROGRAM NO. 348
INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION
Euclid and Broadway Residential Project
(Development Project No. 2016-00042)
Prepared, for:
City of Anaheim
Planning and Building Department, Planning Services Division
200 South Anaheim Boulevard
Anaheim, California 92805
Contact: Christine Saunders, Associate Planner
Prepared by:
DUDEK
27372 Calle Arroyo
San Juan Capistrano, California 92675
Contact: Collin Ramsey, Project Manager
NOVEMBER 2017
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Euclid and Broadway Residential
(Development Project No. 2016-00042)
Mitigation Monitoring and Reporting Program No. 348
TABLE OF CONTENTS
Section Page No.
1 INTRODUCTION..............................................................................................................1
2 MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST .....2
TABLE
Mitigation Monitoring and Reporting Program Checklist .................................................. 2
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Mitigation Monitoring and Reporting Program No. 348
1 INTRODUCTION
The California Environmental Quality Act (CEQA) requires that a public agency adopting a
Mitigated Negative Declaration (MND) take affirmative steps to determine that approved
mitigation measures are implemented after project approval. The lead or responsible agency must
adopt a reporting and monitoring program for the mitigation measures incorporated into a project
or included as conditions of approval. The program must be designed to ensure compliance with
the MND during project implementation (California Public Resources Code, Section
21081.6(a)(1)).
This Mitigation Monitoring and Reporting Program (MMRP) will be used by the City of Anaheim
to ensure compliance with adopted mitigation measures identified in the MND for the proposed
Euclid and Broadway Residential Project (Proposed Project) when construction begins. The City
of Anaheim, as the lead agency, will be responsible for ensuring that all mitigation measures are
carried out. Implementation of the mitigation measures would reduce impacts to below a level of
significance for aesthetics, biological resources, hazards and hazardous materials, noise, and tribal
cultural resources.
The remainder of this MMRP consists of a table that identifies the mitigation measures by resource
for each project component. Table 1 identifies the mitigation monitoring and reporting
requirements, including the entity(s) responsible for verifying implementation of the mitigation
measure, timing of verification (prior to, during, or after construction), and responsible party.
Space is provided for sign -off following completion/implementation of the mitigation measure.
Along with the MND and related documents, this MMRP will be kept on file at the following
location:
City of Anaheim
Planning and Building Department, Planning Services Division
200 South Anaheim Boulevard
Anaheim, California 92805
002
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Mitigation Monitoring and Reporting Program No. 348
2 MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST
Table 1
Mitigation Monitoring and Reporting Program Checklist
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Timing of Verification
Completed
Pre
During
Post
Mitigation
Method of
Responsible
Measure No.
Mitigation Measure/Project Design Feature
Verification
Const.
Const.
Cost.
Party
Initials
Date
Comments
Aesthetics
MM -AES -1
Prior to the approval of building permits, the property owner/developer
Submittal/
X
City of
shall include a note on the electrical plans for the Proposed Project
review of
Anaheim
stating, "All exterior lighting shall be required to be shielded with
electrical plans
Planning and
hoods, filtering louvers, glare reducers, or other means to maintain
Building
adequate lighting throughout the area without undue nighttime glare
Department
impacts on adjoining residential areas." All lighting installed on the
Project Site shall comply with this requirement.
Biological Resources
MM-BI0-1
Prior to the issuance of a demolition, grading, and/or building permit
Submittal/
X
City of
for activities during the avian nesting season (generally February
review of
Anaheim
through August), the property owner/developer shall submit a survey
nesting bird
Planning and
for active nests to the City of Anaheim Planning and Building
survey
Building
Department conducted by a qualified biologist a maximum of 1 week
Department
prior to the activities to determine the presence/absence, location, and
status of any active nests on or adjacent to the Project Site. If no
active nests are discovered or identified, no further mitigation is
required. In the event that active nests are discovered on site, a
suitable buffer determined by the biologist (e.g., 30 to 50 feet for
passerines) shall be established around any active nest. No ground -
disturbing activities shall occur within this buffer until the biologist has
confirmed that breeding/nesting is completed and the young have
fledged the nest. Limits of construction to avoid a nest shall be
established in the field by the biologist with flagging and stakes or
construction fencing. Construction personnel shall be instructed
regarding the ecological sensitivity of the fenced area. The results of
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Mitigation Monitoring and Reporting Program No. 348
Table 1
Mitigation Monitoring and Reporting Program Checklist
9289.0002
D U D E K 3 November 2017
Timing of Verification
Completed
Pre
During
Post
Mitigation
Method of
Responsible
Measure No.
Mitigation Measure/Project Design Feature
Verification
Const,
Const.
Cost.
Party
Initials
Date
Comments
the survey shall be documented and filed with the City of Anaheim
within 5 days after the survey.
Hazards and Hazardous Materials
MM-HAZ-1
Prior to the issuance of a demolition, grading, and/or building permit,
Submittal/
X
X
City of
the property owner/developer shall include the following instructions to
review of
Anaheim
its construction contractor on all plans pertaining to subsurface
construction
Planning and
construction activities for the Proposed Project: 'The construction
plans
Building
contractor shall regularly inspect the exposed soil for visual evidence
Department
of any contamination or volatilization of contaminants (odors). If visual
or odor contamination indicators are identified during construction
City of
activities, all work shall stop in the vicinity of the potential
Anaheim Fire
contamination, and an investigation shall be designed and performed
and Rescue
by a qualified environmental consultant to verify the presence and
Department,
extent of contamination on the Project Site. Results of the
Materials
investigation shall be reviewed and approved by the City of Anaheim
Section
Fire and Rescue Department, Hazardous Materials Section, or its
representative prior to resuming construction activities in the vicinity of
the contamination."
The investigation shall include collecting samples for laboratory
analysis and quantification of contaminant levels within the
disturbance areas. Subsurface investigation shall determine
appropriate worker protection and hazardous material and disposal
procedures appropriate for the Project Site. Contaminated soil or
groundwater determined to be hazardous shall be removed by
personnel who have been trained through the Occupational Safety
and Health Administration—recommended 40 -hour safety program with
an approved plan for groundwater extractions, soil excavation, control
of contaminant releases to the air, and off-site transport or on-site
treatment.
9289.0002
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Mitigation Monitoring and Reporting Program No. 348
Table 1
Mitigation Monitoring and Reporting Program Checklist
9289.0002
D U D L I 4 November 2017
Timing of Verification
Completed
Pre
During
Post
Mitigation
Method of
Responsible
Measure No.
Mitigation Measure/Project Design Feature
Verification
Const.
Const.
Cost.
Party
Initials
Date
Comments
Noise
MM -N01-1
Prior to issuance of a building permit, the property owner/developer shall
Submittal/
X
City of
submit a final acoustical report prepared to the satisfaction of the City of
review of
Anaheim
Anaheim Planning and Building Department, Planning Services Division.
acoustical
Planning and
The report shall demonstrate that the proposed residential design will
report
Building
result in compliance with the 45 A -weighted decibel community noise
Department
equivalent level (dBA CNEL) interior noise levels as required by the
California Building Code and California Noise Insulation Standards (Title
24 and 25 of the California Code of Regulations).
MM -N01-2
Prior to issuance of a grading permit, the property owner/developer
Submittal/
X
City of
shall adhere to the following measures as condition for approval of the
review of
Anaheim
grading permit, as required by the City of Anaheim (City):
grading/
Planning and
• The construction contractor shall, to the extent feasible,
construction
Building
schedule construction activities to avoid the simultaneous
plans
Department
operation of construction equipment to minimize noise levels
resulting from operating several pieces of high -noise -level -
emitting equipment.
• All construction equipment, fixed or mobile, shall be
equipped with properly operating and maintained mufflers.
Enforcement shall be accomplished by field inspections by
City staff (or their representatives) during construction
activities.
• Construction noise reduction methods such as powering
down idling equipment, construction of a temporary noise
barrier, maximization of the distance between construction
equipment staging areas and adjacent residences, and use
of electric air compressors and similar power tools rather
than diesel equipment shall be employed wherever feasible.
9289.0002
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Euclid and Broadway Residential
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Mitigation Monitoring and Reporting Program No. 348
Table 1
Mitigation Monitoring and Reporting Program Checklist
002
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Timing of Verification
Completed
Pre
During
Post
Mitigation
Method of
Responsible
Measure No.
Mitigation Measure/Project Design Feature
Verification
Const.
Const,
Cost.
Party
Initials
Date
Comments
• During construction, stationary construction equipment shall
be placed such that emitted noise is directed away from or
shielded from sensitive receptors.
• Construction hours, allowable workdays, and the phone
number of the job superintendent shall be clearly posted at
all construction entrances to allow surrounding property
owners to contact the job superintendent, if necessary. In the
event the City receives a complaint, appropriate corrective
actions shall be implemented and a report of the action
provided to the reporting party.
These measures shall be printed on all applicable grading and
construction plans. The property owner/developer's construction
contractor shall acknowledge to the City's Planning and Building
Department in writing their receipt and understanding of these
requirements.
Tribal Cultural Resources
MM -CUL -1
During subsurface ground -disturbing construction activities, the
Submittal/
X
City of
property owner/developer shall retain a qualified Native American
review of brief
Anaheim
tribal representative of the Gabrieleno Band of Mission Indians — Kizh
letter report of
Planning and
Nation (Gabrieleno). If tribal cultural resources are encountered during
excavations
Building
ground -disturbing activities, work in the immediate area must halt.
and findings
Department
Depending on the nature of the find, if the discovery proves to be
potentially significant under CEQA, as determined by the tribal
representative, additional measures such as data recovery excavation,
avoidance of the area of the find, documentation, testing, data
recovery, reburial, archival review and/or transfer to the appropriate
museum or educational institution, or other appropriate actions may be
warranted. The tribal representative shall complete a brief letter report
of excavations and findings, and submit the report to the City of
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Mitigation Monitoring and Reporting Program No. 348
Table 1
Mitigation Monitoring and Reporting Program Checklist
Mitigation
Method of
Timing of Verification
Responsible
Completed
Pre
During
Post
Measure No.
Mitigation Measure/Project Design Feature
Verification
Const.
Const.
Cost.
Party
Initials
Date
Comments
Anaheim (City). After the find is appropriately mitigated, work in the
area may resume.
At the discretion of the tribal representative, monitoring activities may
be allowed to cease if sufficient evidence is produced that soils
underlying the Project Site are not native, undisturbed soils. In this
event, the tribal representative shall document all pertinent evidence
that justifies the ceasing of monitoring activities and provide it within a
brief letter report for the City's review. Should the City concur with
these findings, monitoring shall be permitted to cease within all areas
on the Project Site shown to contain only disturbed, non-native fill
soils.
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