Resolution-PC 2020-024RESOLUTION NO. PC2020-024
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING MITIGATED NEGATIVE DECLARATION
FOR PROPOSED CONDITIONAL USE PERMIT NO. 3516A
(DEV2018-00059)
(1705 SOUTH STATE COLLEGE BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") received a verified petition from Extra Space Properties (the "Developer"),
requesting that the City consider and approve Conditional Use Permit No. 3516A for certain real
property commonly known as 1705 South State College Boulevard 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"), for an amendment to a conditional use
permit to demolish three buildings and construct five new buildings for an existing self -storage
facility, and to permit an increase in the maximum floor area ratio (FAR) allowed by the Anaheim
Municipal Code (the "Proposed Project"); and
WHEREAS, the Property is approximately 5.56 acres in size and is located in the "I"
Industrial Zone. The Property is designated on the Land Use Element of the General Plan for
"Office — Low" land uses; and
WHEREAS, self -storage facilities are conditionally permitted within the "I" Industrial
Zone subject to special provisions related to such uses set forth in City Council Policy No. 7.2
(Self -Storage Facilities) adopted on September 22, 1998 and subsequently amended on June 5,
2007; and
WHEREAS, pursuant to City Council Policy No. 7.2 (Self -Storage Facilities), self -storage
facilities "are most appropriate for irregularly-shaped properties which may further be constrained
by accessibility or visibility and which may not be suitable for conventional types of development
... [and may be conditionally permitted in the "C -G" or "I" Zones provided there does not appear
to be other viable or strategic uses of the property, the architecture of the facility is of high quality,
the use is appropriate and compatible with its surrounding land uses, and the facility is in
compliance with all Zoning Code Development Standards, including setbacks where possible,
signage and landscaping .... ]"; and
WHEREAS, if approved, Conditional Use Permit No. 3516A will allow for an increased
floor area ratio (0.6 FAR) as set forth in Section 18.10.045 of the Anaheim Zoning Code ("Code");
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
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
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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 May 7, 2020 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 S. Anaheim Blvd., Anaheim, California. Copies
of said document are 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 and Reporting Program has been prepared for the Proposed Project and includes
mitigation measures that are specific to the Proposed Project (herein referred to as "MMRP No.
370"). A complete copy of MMRP No. 370 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 June 8, 2020, 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, based upon a thorough review of the Proposed Project and the Mitigated
Negative Declaration, including MMRP No. 370 and the comments received to date and the
responses prepared, the Planning Commission, 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 MMRP No. 370, 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;
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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 MMRP No. 370 and
that the Mitigated Negative Declaration reflects the independent judgment and analysis of the
Planning Commission; and
WHEREAS, this Planning Commission 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 Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it; and
NOW, THEREFORE, BE IT RESOLVED that this Planning Commission, pursuant to the
above findings and based upon a thorough review of the Mitigated Negative Declaration and the
evidence received to date, does hereby approves and adopts the Mitigated Negative Declaration
and MMRP No. 370; and authorizes and directs 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 at the Planning Commission meeting of
June 8, 2020. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on June 8, 2020, by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
VADODARIA, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MULLEADY
IN WITNESS WHEREOF, I have hereunto set my hand this 81h day of June, 2020.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2018-00059
E KATELLA AVE
/� oo Source: Recorded Tract Maps and/or City GIS.
V ��e Please note the accuracy is +/- two to five feet.
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EXHIBIT B
EXTRA SPACE SELF STORAGE
MITIGATION MONITORING AND REPORTING PROGRAM NO. 370
Property Owner/Developer — Owner or developer of Extra Space
Self Storage Project.
2. Environmental Equivalent/Timing — 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 equivalency/timing shall be done by
the property owner/developer. Staff time for reviews will be charged on
a time and materials basis at the rate in the City's adopted Fee Schedule.
Timing — This is the point where 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 will occur, as routine City practices and procedures
will 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 building permit consistent with the
approved plans will 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. Outside public
agency review is limited to those public agencies specified in the
Mitigation Monitoring Plan which have permit authority in conjunction
with the mitigation measure.
Ongoing Mitigation Measures — The mitigation measures that are
designated to occur on an ongoing basis as part of this Mitigation
Monitoring Plan will be monitored in the form of an annual letter from
the property owner/developer in January of each year demonstrating
how compliance with the subject measure(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 while construction is occurring; monitoring will be
discontinued after construction is complete. A final annual letter will be
provided at the close of construction.
6. Building Permit — For purposes of this Mitigation Monitoring Plan, 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.
MITIGATION MONITORING PROGRAM N0. 370
MITIGATION RESPONSIBIJ: FOR
3.5 CULTURAL RESOURCES
In the event a potentially significant cultural resource is encountered
during subsurface earthwork activities, all construction activities within
a 100 -foot radius of the find shall cease and workers should avoid
altering the materials until an archaeologist who meets the Secretary of
Interior's Professional Qualification Standards for archaeology has
evaluated the situation. The applicant shall include a standard
inadvertent discovery clause in every construction contract to inform
contractors of this requirement. Potentially significant cultural resources
consist of but are not limited to stone, bone, glass, ceramics, fossils,
MM -CUL -1
Prior to the issuance
wood, or shell artifacts, or features including hearths, structural remains,
Planning and Building
of a grading permit
or historic dumpsites. The archaeologist shall make recommendations
Department
concerning appropriate measures that the project applicant will
implement to protect the resource, including but not limited to
excavation and evaluation of the finds in accordance with Section
15064.5 of the CEQA Guidelines. The project applicant shall submit a
final report to the City Engineer detailing the findings and disposition of
the specimens of any previously undiscovered resources found during
construction within the project site. Upon completion of the grading, the
archaeologist shall notify the City of Anaheim as to when the project
applicant will submit the final report.
In the event that fossils or fossil -bearing deposits are discovered during
construction activities, excavations within a 100 -foot radius of the find
shall be temporarily halted or diverted. The applicant shall notify a
qualified paleontologist who shall examine the discovery. The applicant
shall include a standard inadvertent discovery clause in every
construction contract to inform contractors of this requirement. The
paleontologist shall document the discovery as needed in accordance
with Society of Vertebrate Paleontology standards and assess the
MM -CUL -2
During grading
significance of the find under the criteria set forth in CEQA Guidelines
Planning and Building
activities
Section 15064.5. The paleontologist shall notify the appropriate
Department
agencies to determine procedures that the project applicant shall follow
before the City allows construction activities to resume at the location of
the find. If the applicant determines that avoidance is not feasible, the
paleontologist shall prepare an excavation plan for mitigating the effect
of construction activities on the discovery. The applicant shall submit
the plan to the City of Anaheim for review and approval prior to
implementation, and the applicant shall adhere to the recommendations
In the event of the accidental discovery or recognition of any human
remains, CEQA Guidelines Section 15064.5; Health and Safety Code
Section 7050.5; PRC Section 5097.94 and Section 5097.98 shall be
followed. If during the course of project development there is accidental
discovery or recognition of any human remains, the following steps
shall also be taken:
1. There shall be no further excavation or disturbance within 100
feet of the remains until the County Coroner is contacted to determine if
the remains are Native American and if an investigation of the cause of
death is required. If the coroner determines the remains to be Native
American, the coroner shall contact the NAHC within 24 hours, and the
NAHC shall identify the person or persons it believes to be the most
likely descendant (MLD) of the deceased Native American. The MLD
may make recommendations to the landowner or the person responsible
for the excavation work within 48 hours, for means of treating or
disposing of, with appropriate dignity, the human remains and any
associated grave goods as provided in PRC Section 5097.98.
2. Where the following conditions occur, the landowner or his or
her authorized representative shall rebury the Native American human
During grading
remains and associated grave goods with appropriate dignity either in
Planning and Building
MM -CUL -3
activities
accordance with the recommendations of the most likely descendant or
Department
on the project site in a location not subject to further subsurface
disturbance:
• The NAHC is unable to identify a most likely descendent or
the most likely descendent failed to make a recommendation within 48
hours after being notified by the NAHC.
• The descendant identified fails to make a recommendation.
• The landowner or his authorized representative rejects the
recommendation of the descendant, and mediation by the NAHC fails to
provide measures acceptable to the landowner.
Additionally, PRC Section 15064.5 requires the following relative to
Native American Remains:
• When an Initial Study identifies the existence of, or the
probable likelihood of, Native American Remains within a project, a
lead agency shall work with the appropriate Native Americans as
identified by the NAHC as provided in PRC 5097.98. The Project
Applicant may develop a plan for treating or disposing of, with
appropriate dignity, the human remains and any items associated with
Native American Burials with the appropriate Native Americans as
identified by the NAHC.
3.7 GEOLOGY AND SOILS
During rough grading activities, which are defined as any grading
activity occurring at depths below four feet from the existing surface,
close monitoring should occur to quickly and professionally collect any
specimens without impeding development and sediment samples
should be collected and processed by a qualified professional to
determine the small fossil potential. In the event that paleontological
resources are inadvertently unearthed during excavation and grading
activities of any future development project, the paleontologist or
MM-GEO-1
During grading
contractor shall temporarily cease all earth -disturbing activities within
Planning and Building
activities
a 100 -foot radius of the area of discovery. The qualified professional
Departments
shall evaluate the significance of the finding and determine the
appropriate course of action. If avoidance of the resource(s) is not
feasible, the applicant shall follow salvage operation requirements
pursuant to Section 15064.5 of the State CEQA Guidelines. After the
proposed project has appropriately avoided or mitigated the find, work
in the area may resume. Nothing in this mitigation measure precludes
the retention of a single cross -trained observer who is qualified to
monitor for both archaeological and paleontological resources.
3.18 TRIBAL CULTURAL RESOURCES
Prior to the commencement of any grading and/or construction activity,
the project applicant shall retain a Native American Monitor and a
copy of the executed contract shall be submitted to the City of
Anaheim Planning and Building Department. The Tribal monitor will
only be present on-site during the construction phases that involve
ground -disturbing activities. Ground disturbing activities are defined
by the applicable tribes as activities that may include, but are not
limited to, pavement removal, potholing or auguring, grubbing, tree
removals, boring, grading, excavation, drilling, and trenching, within
the project area. The Tribal Monitor will complete daily monitoring
logs that will provide descriptions of the day's activities, including
MM -TCR -1
Prior to issuance of
construction activities, locations, soil, and any cultural materials
Planning and Building
grading permits
identified. The on-site monitoring shall end when the Project Site
Department
grading and excavation activities are completed, or when the Tribal
Representatives and monitor have indicated that the Project Site has a
low potential for impacting Tribal Cultural Resources. Upon discovery
of any archaeological resources, construction activities shall cease in
the immediate vicinity of the find until the find can be assessed. All
archaeological resources unearthed by project construction activities
shall be evaluated by the qualified archaeologist and Tribal monitor
approved by the applicable tribes. If the resources are Native American
in origin, the applicable tribe shall coordinate with the project applicant
regarding treatment and curation of these resources. Typically, the
Tribe will request reburial or preservation for educational purposes.
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Work may continue on other parts of the Project Site while evaluation
and, if necessary, mitigation takes place (CEQA Guidelines Section
15064.5 [fl). If a resource is determined by the qualified archaeologist
to constitute a "historical resource" or "unique archaeological
resource," time allotment and funding sufficient to allow for
implementation of avoidance measures, or appropriate mitigation, must
be available. The treatment plan established for the resources shall be
in accordance with CEQA Guidelines Section 15064.5(f) for historical
resources and PRC Sections 21083.2(b) for unique archaeological
resources. Preservation in place (i.e., avoidance) is the preferred
manner of treatment. If preservation in place is not feasible, treatment
may include implementation of archaeological data recovery
excavations to remove the resource along with subsequent laboratory
processing and analysis. Any historic archaeological material that is
not Native American in origin shall be curated at a public, non-profit
institution with a research interest in the materials, such as the Natural
History Museum of Los Angeles County or the Fowler Museum, if
such an institution agrees to accept the material. If no institution
accepts the archaeological material, it shall be offered to a local school
or historical society in the area for educational purposes.
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