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Resolution-PC 2018-048RESOLUTION NO. PC2018-048 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR PROPOSED GENERAL PLAN AMENDMENT NO. 2017-00518, RECLASSIFICATION NO. 2018-00314, CONDITIONAL USE PERMIT NO. 2017- 05951, AND TENTATIVE TRACT MAP NO. 18152 (DEV2017-00094) (3534-3538 WEST SAVANNA STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for General Plan Amendment No. 2017-00518, Reclassification No. 2018-00314, Conditional Use Permit No. 2017-05951, and Tentative Tract Map No. 18152 to demolish two existing single-family residences and construct 19 single-family attached residences with modified development standards (the " Proposed Project"), for that certain real property located at 3534-3538 West Savanna Street 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, the Property is approximately 0.78 acres in size and is currently developed with two single-family residences. The Land Use Element of the Anaheim General Plan designates the Property for Low -Medium Density Residential land uses. The Property is located in the "RM - 4" Multiple -Family Residential Zone. The development standards and regulations of Chapter 18.06 (Multiple -Family Residential Zones) of the Anaheim Municipal Code (the "Code") shall apply; and WHEREAS, the Proposed Project is to construct 19 single-family attached residences with modified development standards subject to approval of Conditional Use Permit No. 2017-05951 by the Planning Commission pursuant to Sections 18.06.030 (Uses), of Chapter 18.06 (Multiple - Family Residential Zones) of the Code; and WHEREAS, General Plan Amendment No. 2017-00518 is to amend the General Plan Land Use designation from Low -Medium Density Residential to Mid Density Residential; and WHEREAS, Reclassification No. 2018-00314 is to reclassify the property from the "RM - 4" Multiple -family Residential Zone to the "RM -3.5" Multiple -family Residential Zone; and WHEREAS, Tentative Tract Map No. 18152 proposes a 1 -lot subdivision for 19 condominiums; 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 -I- PC2018-048 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 September 20, 2018 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 South Anaheim Boulevard., Anaheim, California; at the Anaheim Public Library, Central Library at 500 West Broadway, Anaheim, California; and, the Ponderosa Joint Use Library at 240 East Orangewood Avenue, 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. 356"). A complete copy of MMP No. 356 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 October 15, 2018, 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. 356 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: 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. 356, serves as the appropriate environmental documentation for the Proposed Project; -2- PC2018-048 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; 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. 356 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission; and 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 adopt 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. 356, 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. 356 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission; 3. That the Planning Commission approve and adopt Mitigated Negative Declaration and MMP No. 356; and 4. That the Planning Commission 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. -3- PC2018-048 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 15, 2018. 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. HAIRP RSON, PLANNING COMMISSION ORZHE'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 October 15, 2018, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KEYS IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of October, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2018-048 EXHIBIT "A" DEQ' NO. 2017-00094 W SAVANNA ST Source Reecrcec Tract Maps and or City GIS Floss a rote the acc6lacy is • • r,vc to five feet -5- PC2018-048 EXHIBIT "B" CYNOi &NA7MM • DAMt.%TtON MONUORING AND MYORnNG PRCxRA31 SAYANNATOWN110MES 0 3534-3538 SAVANNA SMEFr MITIGATION MONITORING AND REPORTING PROGRAM CTTI' OF ANAHEIM S:',VANNA TON%rNHOMES 3534-3538 SAVANNA STREET DEvELOPMENT PROJECT No. 20.17-00094 Lt:.u) A(aAc f : Ciry ON ANAHEIM PLANNING & BUILDING DL:P)MENIENT 20o ANAIiEim BOULEVARD ANAnL-,im, CALIFORNIA 90220 Rrrt)Ki T'RjF.pxRra) Br: BLODGE ri, BAYLOSIS ENVIRONMENT -M, PLANNING 2211 SOUTH HACIENDA BOULEVARD, SUITE 107 HACIENDA HEIGI ITS, CALIl<ORNLA 91745 OCTOBER 19 2018 AV.O1 i+8 Mrnc;AnnvMON110RINGANbR mirrim.PRa;vAm• PAGE i -6- PC2018-048 CM s,r A -:.al rF3M • MMC;aanr,x RTO )RTING PROGRAM & C,e,NATawTFIoFjrs• 3534-3538 SAV.1NNASrRFST THIS PAGE HAS BEEN INTENTIo.N.4LLLY LEFT BLANK. Ivirna.%noN Marrrropm;G AND REPomvm PRocP3,aI • P. -GE -7- PC2018-048 CITY OF Ax v[FIM • M.McIv�n0N Rrrc>RnN{; FP.(V RA?t SA�'Ah-NA TUwT tiomns • 3534-3538 SAVANNA STREET SAVANNAH TOU-NHO EES E:1L:1ffMnG:A11ON MONITORING XND REPORTING PROGRXN1 Terms and Definitions: Ii. Property OwnerlDeveloper — The project Applicant is Mr. Chris Segesman, Bonanni Development, S,,00 Bolsa M enue, Suite Lo, Huntington Beach, California 92649. a. Environmental EquivaleutiTiming — 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/timings and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to male a determination of environmental quisalency/timing shall be borne 1))* the Applicant. Staff time for rwievs will be charged on a time and materials basis at the rate in the City's adopted fee schedule. 3. 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 AM 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 budding permit consistent with the approved plans will be final budding and zoning inspections pursuant to the budding 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. S. 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 Applicant in January of each year stating how, compliance with the subject measures(s) has been achieved. IN"hen 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 «fide construction is occurring. Monitoring will be discontinued after construction is completed. 6. Building Permit — For purposes of this mitigation monitoring program, a budding 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. hlrnQ%na:.,' MoNM1'M,`G AxD REPoRTLvG PPoGP--,--n • PAGE 3 -8- PC2018-048 Cm' or• AN v mm • HmcA mm MoNInT)R[NG AVSD w- ORTMI PR( CRAM SAv Nm%To%-Nnoturs a 3534-3538 SavAxN A STRE .r The monitoring and reporting on the implementation of these measures is identified in the Table provided below and on the follouing pages. Pleasure & No. 1 7 Tinaing Responsible for Monitoring Completion Biological Resources PIiftation Pleasure No. i (Biological Prior to the issuance of planning k Building Resources). Prior to issuance of any demolition or any demolition or Department building permits; if clearing andf or construction building permits. activities would occur daring the raptor or migratory bird nesting season (Fel--F x,5 to August 15), the -Applicant and for its contractor shall retain a qualified biologist to conduct precnnstruchan surveys for nesting birds up to x:} days before construction activities. The gaakfied biologist shall survey the construction zone and a Soo -foot buffer surrounding the construction zone to determine whether the activities taking place have the potential to disturb or otherwise harm nesting birds. Surreys shall be repeated if project activities are suspended or delayed for more than 15 days during nesting season. If active nest(s) are identified during the preconstruction survey, a qualified biologist shall establish a oo-foot no -activity setback for migratory bird nests and a a50 - foot setback for raptor nests. No ground disturbance should occur within the no -activity setback until the nest is deemed inactive by the qualified biologist. Details of compliance shag be provided in conjunction with or on plans suhmitted for permits. Cultural Resources Plitigation Measure No. a (Cultural Prior to the issuance of planning & Building Resources). Prior to issuance of any demolition w any demolition or Department building permits, the project Applicant will be building permits. required to obtain the services of a qualified Natire American Monitor and archeologist during construchon-related ground disturbance actnities Ground disturbance is defined as activities that include., but are not limited to, pavement removal, pot -holing or augunn& boring, grading, excavation,. and trenching, within the project area. The momtor(s) must be approved by the tribal representatives and will be present on-site during the construction phases that mvohr any ground disturbing activities The Native American Monitor will complete monitoring logs on a daily basis. The logs will provide descriptions of the daily activities, including construction activities, locations, sort, and anv cultural materials identified. The on-site monitoring shall end when the project site grading and excavation activities are completed. The archeologist will monitor grading activities and mast complete monitoring logs on a daily basis. The logs completed by both the archaeologist and the tribal monitor must be submitted to the Planning Division on a weekly basis in order to determine compliance with the mitigation measure. In the unlikely event that remains are uncovered by construction crews, all excavation and grading activities shall be halted and the Anaheim Police Department world be contacted (the Department would then contact the County Coroner}. This is a standard condition under California Health and Safety Code Section 70$0.5(b).. .%&nGe+.noN, MfJ2iiTOM G AxD REPopamm PROGP-4x • PAGE 4 -9- PC2018-048 CITY 03'ANA7[Fill a 2+4rMATN:3N 2.4x3\7711RING AND RY!A)R771(i PROGRAM SAV&N-NA T0'K-xIIoMRS a 3&U-3538 SAVANN 9 SfR3TC Mea®.. & No Timing Responsible for Monitoring Corupletion Geology- & Soils Mitigation Measure NO, g (Geology- & Soils). During final plan check Chief Building The project must comply with all the design and prior to the issuance of Official and the City construction -related actions in the site specific any budding or grading Engineer Geotechnical Report prepared by Strata -Tech. These Permrt., design requirements will be confirmed by the City Engineer during the final plan check prior to the issuance of any building permit. In addition, the Applicant most remove and re -compact the underlying soils and provide additional slab and foundation support in order to address potential liquefaction risks. The remota] and re -compaction of the underyling son? will be confirmed I)v the building inspector, the City Engineer, and a representative of Strata -Tech prior to the framing phase of the project's construction. The recommendations and requirements of the Strata Tech study must be implemented to the satisfaction of the CdR Engineer. Hazards & Hazardous Materials Mitigation Measure NO, ; (Hazards & Duirng the demolition Chief Building Hazardous Materials). The Applicant, and the phase, official contractors, must adhere to all requirements governing the handling; removal; and disposal of asbestos -containing materials, lead paint, underground septic tank,, and other hazardous substances and materials that may be encountered during demolition and land clearance activities, The City's Inspector will ensure compliance by inspecting the site during the demolition phase. Any contamination encountered during the demolition; grading, andf or site preparation activities must also be removed and disposed of in accordance with applicable ]aws prior to the issuance of anv building per -A.- Noise Mitigation Measure No. 5 (Noise). The Cit;; io da_.s prior to the Chief Building Inspector shall ensure that the contractors use start of the demolition official construction equipment that includes working phase, mufflers and other sound suppression mechanisms as a means to reduce machinery noise The Inspector most inspect the equipment prior to the start of the demolition phase. Mitigation Rleasure No. 6 (Noise). The ao da,.s prior to the Chief Building Applicant must notify residents in the area regarding start of the demolition Official and Planning construction times and local contact information. phase. Department This notice most be placed along the north side of the project site appreadmately io days prior to the start of demolition and shall include the name and phone number of the local contact person residents may call to oomplain about noise. The City Inspector will verify that the notice has been placed along the north side of the site prior to the start of demolition. upon. receipt of a complaint, the contractor must respond immediateh, bt- reducing noise via available reasonable means, and to the satisfaction of the Planning Director. In addition; all complaints ani subsequent communication between the affected residents and contractors must be forwarded to the City's Planning and Building Department. 'SIT Ic.-aimt MmirmmG AND REPoRTn%,G PROGp?.M e -10- PC2018-048 CM or • XrmAnm Plenvr )IUN{; XNI? i?J- iIRTING PROGRAM SIXAQNNA T[>XTnomns a 3533'3538 S.tt•.vI:N'A S Y17 Measure & No.Tkming Responsible for Monitoring Completion TIroughcut the Chief Building Mitigation ?Ieasure\o.+(Noise). The construction period Official &P1ann�na Applicant shall ensure that the contractors conduct Department demolition and construction actitities between the hours of 7:oo API and 7: 00 PNI on weekdays and g: oo AM to 5:oo PPI on Saturdays, with no construction permitted on Sundays or Federal holidays. AMMGAITO\ M=GPIVG AND REPGR=Z G PRoGRAm • Rum 6 -11- PC2018-048