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RES-2020-011 RESOLUTION NO. 2 0 2 0-01 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TO CERTIFY FINAL ENVIRONMENTAL IMPACT REPORT NO. 2018-00351 AND ADOPT FINDINGS AND MITIGATION MONITORING PROGRAM NO. 359 FOR THE RESIDENCES AT NOHL RANCH AND RELATED ACTIONS (DEV2017-00039) (6501-6513 SERRANO AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for General Plan Amendment No. 2017-00515, Reclassification No. 2017-00309, Conditional Use Permit No. 2017-05931, Vesting Tentative Tract Map No. 18104, Miscellaneous Case No. 2017-00654, and Specimen Tree Removal Permit No. 2018-00006 to demolish an existing commercial center and construct new single-family attached residences with modified development standards and a density bonus incentives (the "Proposed Project"), for that certain real property commonly referred to as 6501 through 6513 Serrano 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 3.03 acres in size and is currently developed with a commercial center that consists of one story buildings with neighborhood commercial uses. The Land Use Element of the Anaheim General Plan designates the Property for Neighborhood Center 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,General Plan Amendment No.2017-00515 is to amend the General Plan Land Use designation from Neighborhood Center to Low-Medium Density Residential; and WHEREAS,Reclassification No. 2017-00309 is to reclassify the property from the"C-G" General Commercial Zone to the"RM-3"Multiple-family Residential Zone; and WHEREAS, Vesting Tentative Tract Map No. 18104 proposes a 1-lot subdivision for 58 condominiums; and WHEREAS, Specimen Tree Removal Permit No. 2018-00006 consists of removal of Pepper Trees in the Scenic Corridor(SC) Overlay Zone; 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 Implementation of the California Environmental -1- Quality Act(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 Actions; and WHEREAS,a Notice of Preparation("NOP")for Draft EIR No. 351 was distributed to the public on December 13, 2018. The public review period for the initial study ended on January 14, 2019. The City held a public scoping meeting on January 7,2019 to provide members of the public with an opportunity to learn about the Proposed Actions, ask questions and provide comments about the scope and content of the information to be addressed in Draft EIR No. 351; and WHEREAS,Draft EIR No. 351 was made available for a 45-day public review period from July 19, 2019 to September 3, 2019. The Notice of Availability ("NOA"), which also included noticing for a public hearing before this Planning Commission and a tentative date for a public hearing before the City Council to review and consider the Draft EIR No. 351 and the Project Actions, was sent to a list of interested persons, agencies and organizations, as well as property owners within the within a 1,000-foot radius of the Proposed Project. The Notice of Completion ("NOC") was sent to the State Clearinghouse in Sacramento for distribution to public agencies. The NOA was posted at the Orange County Clerk-Recorder's office on July 19, 2019. Copies of Draft EIR No. 351 were made available for public review at the City of Anaheim Planning and Building Department, Anaheim Central Library, Haskett Library and has been available for download via the City's website; and WHEREAS, in conformance with Sections 15132 and 15362(b) of the CEQA Guidelines, Final EIR No. 351 consists of Draft EIR No. 351; comments and recommendations received on Draft EIR No. 351 either verbatim or in summary; a list of persons, organizations and public agencies that submitted comments on Draft EIR No. 351; and the responses of the City, as lead agency, to significant points raised in the review and consultation process; and Mitigation Monitoring Program No. 359; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on 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 Environmental Impact Report 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, upon receipt of Planning Commission Resolution No. PC2019-045 denying General Plan Amendment No. 2017-00515;a summary of evidence and a report of the findings and recommendations of the Planning Commission, and after receiving an appeal of the Planning T Commission's decision on November 7, 2019 from the project applicant,the City Council did fix the 17th day of December, 2019, as the time, and the City Council Chamber in the Civic Center,as the place, for a public hearing on the Proposed Project and for the purpose of considering evidence for and against the Proposed Project, and did give notice thereof in the manner and as provided by law,and continued the hearing to January 14,2020,at which time all interested persons were given an opportunity to be heard and,after all public testimony was received,discussion and deliberation by City Council on the Proposed Project were continued to January 28, 2020; and -2- WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMP No. 359 and the comments received to date and the responses prepared,the City Council,based upon a thorough review of the Environmental Impact Report and related documents and the evidence received concerning the Environmental Impact Report, does find and determine as follows: 1. That the Environmental Impact Report 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. 359, serves as the appropriate environmental documentation for the Proposed Project; 2. That it has carefully reviewed and considered the information contained in the Environmental Impact Report (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. 359 and that the Environmental Impact Report 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. 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 Environmental Impact Report and the evidence received to date,does hereby certify the Environmental Impact Report(including the Initial Study and any comments received during the public review period) and find and determine as follows: 1. That the Environmental Impact Report 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. 359, 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. 359 and that the Environmental Impact Report reflects the independent judgment and analysis of the City Council. 3. That the City Council approve and adopt Environmental Impact Report and MMP No. 359. -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 28 day of January , 2020,by the following roll call vote: AYES: Mayor Pro Tem Faessel and Council Members Barnes, Brandman, and Kring NOES: Mayor Sidhu and Council Member Moreno ABSENT: None ABSTAIN:Council Member O'Neil CI OF ANAHEIM I1aiiA I 1 O' OF HE ITY OFANAHEIM ATTEST: CITY CLERK OF HE CITY OF ANAHEIM -4- EX III III f "4" DEV NO. 2017-90039 ...1110. -...Lisix \./ '' APN: 365-062-09 vr o 41, ,c,, �aNsoa1,,,,,,,,,, G • . 4G�t X90 f ,r -- .11 9 9is /iiirp '' A cAlksIG1f MI .7.. ligi illik. 4 16141 f ZO O ASE S AN S R 99 0 •9r. 06 ER y0s .0O • \*1' / ippo, „1/4601.0.0 0 Source Recorded Tract Maps endow City GIS 4* Pease note the accuracy' •' two to fire lest -5- 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. 2020-011 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 28th day of January, 2020 by the following vote of the members thereof: AYES: Mayor Pro Tern Faessel and Council Members Barnes, Brandman, and Kring NOES: Mayor Sidhu and Council Member Moreno ABSENT: None ABSTAIN: Council Member O'Neil IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of February, 2020. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)