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RES-2018-140RESOLUTION NO. 2 018 -14 0 A RESOLUTION OF THE CITY COUNCIL 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 City of Anaheim 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 City Council 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 -1- 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 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, by adoption of its Resolution 2018-048, and pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, the Planning Commission found and determined and recommended 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 No. 356 and that an Addendum was the appropriate environmental documentation for the Proposed Project; and -2- 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 City Council, 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. 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 City Council; and 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, 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 City Council; 3. That the City Council approve and adopt Mitigated Negative Declaration and MMP No. 356; and -3- 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 by the City Council of the City of Anaheim this 20 day of November , 2018, by the following roll call vote: AYES: Mayor Tait and Council Members Moreno, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSENT:Council Member Murray ABSTAIN: None ATTEST: CITY CLERK OF THE CITY OTkANAHEIM -4- CITY OF ANAHEIM (& 9 MAYOR OF THE CITY OFANAHEIM EXHIBIT "B" CM OF ANAI WIM 0 MITIGATION MONTCORI%G AND REPORTING PROC&km SAVANNA TCAMIO IFS. 3 -SA -3538 SAVANNA STREET MITIGATION MONITORING AND REPORTING PROGRAM CITY OF ANAHEIM SAVANNA TOWNHOMES 3534-3538 SAVANNA STREET DEVELOPMENT PROJECT NO. 2017-00094 Lr:Au Ac.FNcv : C11Y OF ANAilE1M PLANNING & BUILDING DEYAw1'MENT 200 ANAl1EIM BOULEVARD ANAiIEIM, CALIFORNIA 90220 RFpowu Pttr:NAxkU BY: BLODGE rr BAYLOSIS ENVIRONMENTAL PLANNING 2211 SOUTH HACIENDA BOULEVARD, SUI'T'E 107 HACIENDA HEIGHTS, CALIFORNIA 91745 OCTOBER 1, 2018 ANM1 an MMi ATK)N MONTTITRINO ANL) RKPORTIIVI: PROGRAM • -5- CrrY OF A\ utEim . Mmc.Antw M )Nm)wtac AND RE K)RnNc PROGRAM SA\'A.RTA T7p wmKmus a 3SW3538 SAvANK L STREF.f THIS PAGE HAS BEEN WrENMONALLY LEFT BLANK. bhnG&nm MONrrom G AND REPORTm PROGRAM • I on PACE Cm' or AN.UIEIM • MmcAll(W 2-(xs1 RING ANIS R oWnNc PROGRAM SA\ A\'NA TmNatomEs • 3534 -AMS SAVANNA SfREEr SAVANNAH TOWNHOMES NUIRGATION MONTPORING AND REPORTING PROGRAM Terms and Definitions: i. Property Owner/Dereloper — The project Applicant is Mr. Cris Segesman, Bonanni Development, 55oo Bolsa Avenue, Suite 12o, Huntington Beach, California 92649. a. Environmental Egnivalent/Mu ing — 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 quivalency/timing shall be borne by the Applicant. Staff time for reviews sv-ill be charged on a time and materials basis at the rate in the City's adopted fee schedule. 3. Timing — This is the point were 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 %ill occur because routine Cit) practices and procedures %-ill 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 %ill be final building and zoning inspections pursuant to the building permit to ensure compliance. ;. 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. 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 whale construction is oemning. Monitoring will be discontinued after construction is completed. 6. Building Permit — For purposes of this mitigation monitoring program, 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. Manc.Anm Mo¢amvmm Arm RFrosa mm. PpwcxAx • -7- PAGE 3 MY oFA%A)IrM • MMG.jvnoN MoNmymim AAA REK)Rnxc; PRc Cxw SAVANNAM)%'%IIOMSS • 3534-3538 SAVAN'M STREET The monitoring and reporting on the implementation of these measures is identified in the Table provided below and on the follo`ning pages. Measure At No. Timing M p-Lho le &! oliftg coaepletion Biological Resources britigation Measure No. s (Biological Prior to the issuance of Planning g Budding Resources). Prior to issuance of any demolition or anY demolition or Deputmeat budding permits, if clearing and/or eeashaetion building pernift activities would occur daring the captor or migrator3 bird nesting season (February 15 to August 15), the Applicant and/or its contractor shall retain a qualified biologist to conduct precoast:action surveys for nesting bads up to 14 days before construction activities. 116e gaalifised biologist shall survey the coastractioa none and a 5oo400t buffer surrounding the contraction none to determine whether the activities taking place have the potential to disturb or otherwise hum nesting birds. Surveys shall be repeated if project activities are suspended or delayed for more than 15 days daring nesting season. if active nests) are identified during the precoushoetion survey, a qualified biologist shall establish a loo -foot no -activity setback for migratory bird nests and a z50 - foot setback for raptor nests. No ground disturbance should own within the no -activity setback until the nest is deemed inactive by the qualified biologist. Details of compliance shall be provided in conjunction with or on plans submitted for permits. Cultural Resources Mitigation Measure No. a (cultural Prior to the issuance of Planning g Building Resources). Prior to issuance of ant demolition or any demolition or Department big pewxiitsthe Ruled Applicant will be budding permft required to obtain the services of a qualified Native American Monitan and archeologist daring disturbance eoastraetioa-nLted ground adivdties. Ground disturbance is defined as activities that mclude, but are not limited to, pavemart removal, potholing or angering, boring, g -*"g, excavation, and trenching, within the project area. The moudor(s) must be approved by the tribal representatives and will be present cu -site during the construction phases that involve any pound disturbing activities. The Native Asameaa Monitor will complete monitoring logs an a darty basis. the logs will provide descriptions of the daily activities, including construction activities, locations, soul, and any cultural materials identified. The en -site monitoring shall end when the protest site grading and ameavation activities are completed. The archeologist will monitor grading activities and must complete monitoring logs an a daily basis. The logs completed by both the archaeologist and the tribal monitor must be submitted to the Plaguing Division on a weekly basis in order to determine compliance with the mitigation measure. in the uoldoely event that remains are unco%ed by construction Crews, all excavation and grading activities shall be halted and the Anaheim Police Department would be contacted (the Depart would then contact the County Coroner). This is a standard condition under California Health cad Safety Code Section 7o5o.5(b} MmG&TmN bkmnvRIICG arm REPoRmgr. PROGBAM 9 in PAGE 4 Crry of AxUff]M a MMGAnoN M iNTnw r,, APIA RFroirrrvc Fwxam Sn AN"NA TowN toMFs a 3534-3538 SAVANNA SrRM Measure & No. Timing MRespo'11le for oss omaorin Completion Geology & Soils Mitisation Measnre No. 3 (Geology & Soils). Dig final plan check Chief Badding The project must oamply with all the design and Prior to the issuance of Offdal and the city actions in the site specific any building cr ging Egg. Gea .haical Report prepared by St d-Teeh. These Pte- design requirements will be confirmed by the City Engineer during the final play check prior to the issuance of my bmldmg permit. in addition, the Applicant mast remove and re -compact the underlying soils and provide additional slab and foundation support in order to address potential hquefadion risks. The removal and re -compaction of the underyling sad will be confirmed by the building inspector, the Ciiy Engineer, and a representative of Strata -Tech prior to the framing phase of the project's construction. The recommendations and requirements tithe Strata Tech study must be 0Xplmmted to the satisiactien of the City Engineer. Hazards & Hazardous Matenals Mirigaticn Measure No. 4 (Hazards & Dosing the demotion Chief Bmldiag HazndoasMaterials). The AppUcaut, and the phase. Official cowhactors, mast adhere to all requirements goaeming the kaadbng, removal, and disposal of asbestosvosta nag materials, lead paint, underground septic tanks, and other hazardous substances and materials that may be encountered daring dawlsboa and kind clearance activities. The QWs Inspector will ensure compliance by inspecting the site daring the dmolition phase. Any contamination, encountered duriag the demolition, grading, and/or site preparation activities mast also be removed and disposed of in accordance with applicable laws prior to the issuance of any budding pia Noise Mitigation Measure No. 5 (Noise). T&e City to days prior to the Chief budding Inspector shaA ensure that the contractors use start of the damoL'tion official construction egwpnmt that includes working phase. mufflers a" other sound suppression meckanisms as a mems to reduce nacbmary noise. The Inspector mast respect the equipment prior to the start of the demolition, phase. Mitigatioes Measene No. 6 (Noise). The so days prior to the Chief Buldieg Applicant most notify residents in, the area regarding start of the demolition Official and Pkaaiug construction times and heal contact information. Phase. Department This notice mast be placed along the north side of the project site apprmrimat* so days prior to the start of demolition and shall include the some and phone amber of flit local contact person residents may call to complain about noise. The City Inspector will verify that the notice has been placed along the Dort& side of the site prior to the start of dmolition. Upon receipt of a complaint, the contractor mast respond immediately by reducing noise via available reasonable means, and to the satisfaction of the Pkauim Director, In addition, all complaints and subsequent communication between the affected residents and contractors must be forwarded to the City's Planning and Budding Department. MTIIG^Twv MenToRiNG AxD Rwonm PROGRAM e in PAM 5 Cm of AN.,Umm a MrncATi(>\ MoNmmi c AMD Rm)RTTNC PROGRAM SAvANl:A 1b%*.% (mF3 a 3534-=8 SAV'AN'NA SIaF77 Measure & No. T9nring��� r Mond -Throughout Completion the Chief Bmldmg *litigation Pleasure No. +(Noise). The as on per. Of c"I k pynsting Applicant shall eumv that the contractors caadact Departmeent demolidoa and coust acbm antic bes between the hours of q:oo AM and q:oo PM an weekdays and g:oo AM to 5:oo FM on Saturdays, with no ocnshvdraa permitted oe Sundays or Federal holidays. )kn"Tnomr AicmToRm(; arm RFpoxTmG Ppix;RAat e -1�- PAGE 6 CLERK'S CERTIFICATE 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 is the original Resolution No. 2018-140 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 20th day of November, 2018 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Moreno, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: Council Member Murray IN WITNESS WHEREOF, I have hereunto set my hand this 21St day of November, 2018. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)