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RES-2019-141 RESOLUTION NO. 2 01 9-1 41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR PROPOSED GENERAL PLAN AMENDMENT NO. 2018-00522, RECLASSIFICATION NO. 2018-00315, CONDITIONAL USE PERMIT NO. 2018-05975, TENTATIVE TRACT MAP NO. 18170, AND VARIANCE NO. 2019-05127 (DEV2018-00081) (100-394 WEST CERRITOS AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for General Plan Amendment No. 2018-00522, Reclassification No. 2018-00315, Conditional Use Permit No. 2018-05975, Tentative Tract Map No. 18170, and Variance No. 2019-05127 to demolish the existing buildings and public street and construct 292 new single-family attached residences with modified development standards and a density bonus incentive(the"Proposed Project"),for that certain real property generally located at the southwest corner of Cerritos Avenue and Anaheim Boulevard directly east of Interstate 5 (I-5) Freeway and commonly referred to as 100-394 West Cerritos Avenue 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 11.87 acres in size and is currently developed with a business park that consists of eight one and two story buildings with a mix of office and commercial uses. The Land Use Element of the Anaheim General Plan designates the Property for General Commercial land uses. The Property is located in the "C-G" General Commercial Zone. The development standards and regulations of Chapter 18.06(Multiple-Family Residential Zones) of the Anaheim Municipal Code (the "Code") shall apply to the Proposed Project; and WHEREAS, the Proposed Project is to construct 292 single-family attached residences with modified development standards and density bonus incentives subject to approval of Conditional Use Permit No. 2018-05975 and Variance No. 2019-05127 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.2018-00522 is to amend the General Plan Land Use designation from General Commercial to Mid Density Residential; and WHEREAS,Reclassification No. 2018-00315 is to reclassify the property from the "C-G" General Commercial Zone to the "RM-3.5" Multiple-family Residential Zone; and WHEREAS, Tentative Tract Map No. 18170 proposes a 1-lot subdivision for 292 condominiums; and -1- 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 August 22, 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. 363"). A complete copy of MMP No. 363 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 September 30, 2019 and October 28,2019,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 2019-040, 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 -2- 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. 363 and that a Mitigated Negative Declaration was the appropriate environmental documentation for the Proposed Project; and WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMP No. 363 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. 363, 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. 363 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. 363, 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. 363 and that the -3- 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. 363; and 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 3rd day of December , 2019, by the following roll call vote: AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM IL a►./ /.R O IT' ♦ A AHEIM ATTEST: I CITY CLERK OFT CITY OrANAHEIM -4- EXHIBIT "A" DEN' NO. 2018-00081 I Itfl II APN: 082-214-01In z f z N '^ .n D z D m W 0 `19. 1067 213• 123' iotF V 9�r � so_ 1;, 202' 9G 230' IL', 604• N N O o Source Recorded Tract Maps and!or City GIS Please note the accuracy is+-two to five feet -5- EXHIBIT •B' TENTATIVE TRACT MAP NO. 18170 (DEV2018-00081) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO APPROVAL OF THE FINAL MAP 1 The legal property owner shall irrevocably offer to dedicate to the City of Public Works, Anaheim 60-ft. in width on Anaheim Blvd, along the project's frontage Development Services for road,public utilities and other public purposes. 2 All existing structures in conflict with future property lines shall be Public Works, demolished. The developer shall obtain a demolition permit from the Development Services Building Division prior to any demolition work. 3 The vehicular access rights to Anaheim Blvd. shall be released and public Works, relinquished to the City of Anaheim, except at approved private street Development Services openings. 4 The developer shall submit improvement plans, for the construction of Public Works, required public improvements, to the Public Works Development Development Services Services Division for review,approval,and to determine bond amounts. 5 The developer shall post bonds for public improvements in the amount Public Works, approved by the City Engineer and in a form approved by the City Attorney. Development Services 6 The final map shall be submitted to the City of Anaheim, Public Works Public Works, Development Services Division and to the Orange County Surveyor for Development Services technical correctness review and approval. The developer shall execute a maintenance covenant with the City of Public Works, Anaheim in a form that is approved by the City Engineer and the City Development Services Attorney for the private improvements including but not limited to private utilities,drainage devices,parkway landscaping and irrigation,private street lights,etc. in addition to maintenance requirements established in the Water Quality Management Plan (WQMP) as applicable to the project. The covenant shall be recorded concurrently with the Final Map. Private Streets "A, B, C, D," and onsite private drives shall be privately Public Works, owned and maintained by the Home Owner's Association(HOA). Development Services 9 All onsite sewer and storm drain utilities shall be privately owned and public Works, maintained by the Home Owner's Association(HOA). Development Services 10 Vacate Cerritos Avenue and all other existing easements in conflict with the Public Works, future buildings. The Developer shall submit an abandonment application Development Services the City for review and approval. - 6- NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 11 The applicant shall execute a Subdivision Agreement and post security in Public Works, an amount approved by the City Engineer to guarantee construction of the Development Services public improvements require herein and in a form approved by the City Attorney. Said agreement shall be submitted to Public Works Development Services for approval by the City Council. The approved Subdivision Agreement shall be recorded concurrently with the Final Map. 12 Provide Monumentaion Bond in the amount specified in writing by a Public Works, Licensed Land Surveyor of Record. Development Services 13 The property owner shall reserve an Access Easement for the benefit of Public Works, Parcel 2. The final map shall clearly show the subject easement and its Development Services limits. 14 Lot Line Adjustment No. LLA-0000788 shall be recorded. Public Works, Development Services 15 Comply with all applicable requirements of the Anaheim Municipal Code. Public Works, Development Services 16 The applicant shall defend, indemnify, and hold harmless the City and its planning and Building officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnities") from any and all claims, actions or proceedings brought against Indemnities to attack, review, set Planning Services aside,void,or annul the decision of the Indemnities concerning this permit Division or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include,but not be limited to,damages,fees and/or costs awarded against or incurred by Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. 17 Conditions of approval related to each of the timing milestones above Planning and Building shall be prominently displayed on plans submitted for permits. For Department, example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans Planning Services submitted for building plan check. This requirement applies to grading Division permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. 18 The applicant is responsible for paying all charges related to the planning and Building processing of this discretionary case application within 30 days of the Department, - 7 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT issuance of the final invoice or prior to the issuance of building permits Planning Services for this project, whichever occurs first. Failure to pay all charges shall Division result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 19 The subject Property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the applicant Department, and which plans are on file with the Planning Department, and as conditioned herein. Planning Services Division - 8 - 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. 2019-141 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 3rd day of December, 2019 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno Faessel and O'Neil NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of December, 2019. CITY CLERK F THE CITY OF ANAHEIM (SEAL)