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
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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)