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RES-2019-018 RESOLUTION NO. 2 019-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR PROPOSED GENERAL PLAN AMENDMENT NO. 2018-00524, RECLASSIFICATION NO. 2018-00317, CONDITIONAL USE PERMIT NO. 2018-05980, AND TENTATIVE TRACT MAP NO. 18182 (DEV2017-00124) (APN 035-205-01) WHEREAS, the City of Anaheim did receive a verified petition•for General Plan Amendment No. 2018-00524, Reclassification No. 2018-00317, Conditional Use Permit No. 2018-05980, and Tentative Tract Map No. 18182 to demolish an existing RV storage lot and construct 39 new single-family attached residences with modified development standards (the " Proposed Project"),for that certain real property generally located at the easterly terminus of North Street and Wilhelmina Street, approximately 150 feet east of the centerline of Pauline Street and commonly referred to as APN 035-205-01 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 1.57 acres in size and is currently developed with RV storage lot. The Land Use Element of the Anaheim General Plan designates the Property for Low Density Residential land uses. The Property is located in the "I" Industrial 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 39 single-family attached residences with modified development standards subject to approval of Conditional Use Permit No. 2018-05980 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. 2018-00524 is to amend the General Plan Land Use designation from Low Density Residential to Mid Density Residential; and WHEREAS, Reclassification No. 2018-0031,4 is to reclassify the property from the "I" Industrial Zone to the"RM-3.5"Multiple-family Residential Zone; and WHEREAS, Tentative Tract Map No. 18182 proposes a 1-lot subdivision for 39 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 -1- 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 January 10, 2019, 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. 361"). A complete copy of MMP No. 361 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 February 4, 2019, 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 2019-007, 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. 361 and that a Mitigated Negative Declaration 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. 361 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. 361, 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. 361 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. 361, 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. 361 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. 361; and -3- EXHIBIT "B" Downtown Anaheim 39 Residential Project Development Project No:2017-00124 Mitigation Monitoring and Reporting Plan No. 361 Project Name: Downtown Anaheim 39 Residential Project Case Numbers: Development Project No. 2017-00124 General Plan Amendment (GPA 2018-00524) Reclassification (RCL 2018-00317) Conditional Use Permit(CUP 2018-05980) Tentative Tract Map (TTM 18182) Project Location: The 1.57-acre project site is located south of North Street and north of Wilhelmina Street, approximately 1,200 feet to the west of East Street; 480 feet to the south of La Palma Avenue. APN: 035-205-01. Project Description:The Applicant proposes to demolish an existing outdoor surface parking lot/storage yard and construct 39 attached, single-family residential units.The Proposed Project utilizes the RM-3.5 standards at a density of 24.84 units/acre, and features three-story homes with entry courtyards, a private drives, fencing, sidewalks and landscaping separating the existing single-family residential to the west.The Applicant is proposing the following setback modifications:three feet from the east property line to the buildings where 15 feet would be required;three feet of landscape setback from the east property line where five feet would be required; 24 feet between buildings where 40 feet would be required; 41 feet from the Single Family Residential Zone to the west where 55 feet would be required; inclusion of the three-foot parkway and four-foot sidewalk within the required 10-foot landscape setback from the alley; and a seven-foot reduction of the required 10-foot landscape setback for parking spaces and Recreational-Leisure common space area. In addition, the existing alley would be widened to 20 feet per City standards and the existing sewer line in the alley would be replaced. The two and four-bedroom homes would range in size from 1,215 to 1,779 SF. All homes would have a two-car garage and there would be 28 open parking spaces, for a total of 106 spaces (2.7 parking spaces/unit, exceeding the parking requirement by 2 spaces). Page 1 of 7 Downtown Anaheim 39 Residential Project Development Project No.2017-00124 Mitigation Monitoring and Reporting Plan No. 361 Terms and Definitions: of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the 1. Property Owner/Developer — Owner or developer of building permit to ensure compliance. Downtown Anaheim 39 Residential Project. 4. Responsibility for Monitoring—Shall mean that compliance 2. Environmental Equivalent/Timing —Any mitigation measure with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each and timing thereof, subject to the approval of the City, which mitigation measure.Outside public agency review is limited to will have the same or superior result and will have the same those public agencies specified in the Mitigation Monitoring or superior effect on the environment. The Planning and Reporting Plan which have permit authority in Department, in conjunction with any appropriate agencies or conjunction with the mitigation measure. City departments, shall determine the adequacy of any 5. Ongoing Mitigation Measures — The mitigation measures proposed "environmental equivalent/timing" and, if that are designated to occur on an ongoing basis as part of determined necessary, may refer said determination to the this Mitigation Monitoring and Reporting Plan will be Planning Commission. Any costs associated with information monitored in the form of an annual letter from the property owner/developer in January of each year demonstrating how required in order to determine environmental equivalency/ compliance with the subject measure(s) has been achieved. timing shall be done by the property owner/developer.Staff When compliance with a measure has been demonstrated for time for reviews will be charged on a time and materials basis a period of one year, monitoring of the measure will be at the rate in the City's adopted Fee Schedule. deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored "Ongoing During 3. Timing—This is the point where a mitigation measure must be Construction", the annual letter will review those measures only while construction is occurring; monitoring will be monitored for compliance. In the case where multiple action discontinued after construction is complete. A final annual items are indicated, it is the first point where compliance letter will be provided at the close of construction. associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no 6. Building Permit— For purposes of this Mitigation Monitoring additional monitoring pursuant to the Mitigation Monitoring and Reporting Plan, a building permit shall be defined as any and Reporting Plan will occur, as routine City practices and permit issued for construction of a new building or structural expansion or modification of any existing building but shall procedures will ensure that the intent of the measure has not include any permits required for interior tenant been complied with. For example, if the timing is "to be improvements or minor additions to an existing structure or shown on approved building plans" subsequent to issuance building. Page 2 of 7 Downtown Anaheim 39 Residential Project Development Project No. 2017-00124 Mitigation Monitoring and Reporting Plan No. 361 MITIGATION RESPONSIBLE FOR NUMBER TIMING MEASURE MONITORING COMPLETION V. CULTURAL RESOURCES The Property Owner/Developer shall include a note on the plans that in the event of the inadvertent discovery of cultural resources (including historical, archaeological, and tribal cultural resources) during ground-disturbing activities, work within 100 feet would be halted until the discovery can be evaluated by a qualified archaeologist, the Native American tribal representative(s) from Prior to the consulting tribes (or other appropriate ethnic/cultural Planning and MM-CUL-1 issuance of a group representative), and the Community Development Building grading permit Director or their designee, to analyze the significance of Department the find. Construction activities may continue in other areas. If the archaeologist and/or Native American tribal representative(s) determine that the find is significant, additional work, such as data recovery excavation or resource recovery, may be warranted and would be discussed in consultation with the appropriate regulatory agency and/or tribal group. Page 3 of 7 Downtown Anaheim 39 Residential Project Development Project No. 2017-00124 Mitigation Monitoring and Reporting Plan No. 361 MITIGATION RESPONSIBLE FOR NUMBER TIMING MEASURE MONITORING COMPLETION IX. NOISE The Property Owner/Developer shall include on the building plans the construction of a minimum 12-foot high sound wall, as measured from the Project Site side of the wall, to enclose the recreational open space at the north Prior to the end of the Project Site, as shown on Figure 7, Conceptual Planning and MM-N01-1 issuance of a Wall and Fence Plan. The wall would begin at the Building building permit northeast corner of the three-plex building and continue Department north along the east property line, then west along the northerly property line for 57 linear feet. The sound wall shall be constructed with concrete masonry units (cmu) that are free of any cutouts or openings. The Property Owner/Developer shall include on the building plans the requirement that acoustic performance Prior to the Planning and dual pane windows with a minimum Sound Transmission MM-N01-2 issuance of a Building Class (STC) rating of 37 STC be installed on all bedroom building permit 1 Department windows located on the north,east,and south sides of the residential units. Page 4 of 7 Downtown Anaheim 39 Residential Project Development Project No. 2017-00124 Mitigation Monitoring and Reporting Plan No. 361 MITIGATION RESPONSIBLE FOR NUMBER TIMING MEASURE MONITORING COMPLETION XIII. PALEONTOLOGICAL RESOURCES The Property Owner/Developer shall submit to the City of Anaheim Public Works Department evidence that a qualified paleontologist has been retained for monitoring of ground-disturbing activities occurring at a depth of four feet or greater below ground surface. If paleontological 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 construction activities may Prior to the continue in other areas. The paleontologist shall collect Public Works MM-PAL-1 issuance of a and process sediment samples to determine the small Department grading permit fossil potential on the Project Site. 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. Any fossils recovered during mitigation should be deposited in an accredited and permanent scientific institution for the benefit of current and future generations. Page 5 of 7 Downtown Anaheim 39 Residential Project Development Project No. 2017-00124 Mitigation Monitoring and Reporting Plan No. 361 MITIGATION RESPONSIBLE FOR NUMBER TIMING MEASURE MONITORING COMPLETION XVII. TRIBAL CULTURAL RESOURCES • The Property Owner/Developer shall submit to the City a Native American tribal monitoring agreement with the Gabrieleno Band of Mission Indians—Kizh Nation for tribal cultural resource monitoring to take place during subsurface ground-disturbing construction activities. If tribal cultural resources are encountered during ground disturbing activities, work in the immediate area must halt. Depending on the nature of the find, if the discovery proves to be potentially significant under CEQA, as determined by the tribal representative, additional Prior to the Planning and measures such as data recovery excavation, avoidance of MM-TCR-1 issuance of a Building the area of the find, documentation, testing, data grading permit Department 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. 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 enough evidence is produced that soils underlying the Project Site are not Page 6 of 7 Downtown Anaheim 39 Residential Project Development Project No. 2017-00124 Mitigation Monitoring and Reporting Plan No. 361 MITIGATION RESPONSIBLE FOR NUMBER TIMING MEASURE MONITORING COMPLETION 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. Page 7 of 7 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 5thday of March , 2019,by the following roll call vote: AYES:Mayor Sidhu and Council Members Kring, Brandman,. Faessel and O'Neil NOES:Council . Members Barnes and Moreno ABSENT:None ABSTAIN:None CI OF ANAHEIM v' •, Ii t E CI OFANAHEIM ATTEST: / CLERK OF T' E CITY OF ANAHEIM • • -4- CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2019-018 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 5th day of March, 2019 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Kring, Brandman, Faessel and O'Neil NOES: Council Members Barnes and Moreno ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of March, 2019. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)