Resolution-PC 2023-002RESOLUTION NO. PC2023-002
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM RECOMMENDING
THAT THE CITY COUNCIL APPROVE AND ADOPT
THE MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING PLAN NO. 386 FOR
DEV2021-00195
(2219 WEST ORANGE AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for a General Plan Amendment, Reclassification,
Conditional Use Permit, and Tentative Tract Map No. 19192 (collectively known as "Development
Application No. 2021-00195"), to construct 24 residential units, with 10 -percent of the units
affordable to moderate income buyers (the "Proposed Project"), for that certain real property
located at 2219 West Orange 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, 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 CEQA Procedures,
the City is the "lead agency" for the preparation and consideration of environmental documents
for the Proposed Project; and
WHEREAS, a Draft Initial Study in support of a Mitigated Negative Declaration was
prepared in accordance with CEQA, the CEQA Guidelines and the City's CEQA Procedures to
evaluate the physical environmental impacts of the Proposed Project. The Draft Initial
Study/Mitigated Negative Declaration was circulated for a 20 -day public/responsible agency
review on December 15, 2022, and was also made available for review on the City's web page,
with hard copies available at City Hall and the Anaheim Public Library, and it was uploaded
digitally with the Office of Planning and Research's CEQAnet database; 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. 386"). A complete copy of
MMP No. 386 is attached hereto as Exhibit B and incorporated herein by this reference; 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, the City received no letters during the comment period; and
WHEREAS, the Draft IS/MND together with Mitigation Monitoring Plan No. 386
prepared for the Proposed Project constitute the environmental documentation under and pursuant
to CEQA, and the State CEQA Guidelines and shall be referred to herein collectively as the
"CEQA Documents"; and
WHEREAS, on January 18, 2023, the Planning Commission did hold a public hearing,
notice of said public hearing having been duly given as required by law and in accordance with
the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for 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, at said public hearing, upon hearing and considering all testimony and
arguments (if any) of all persons desiring to be heard, the Planning Commission considered all
factors relating to the Proposed Project, including the Mitigated Negative Declaration, together
with the other CEQA Documents; and
WHEREAS, to the extent authorized by law, the Planning Commission desires and intends
to use the Mitigated Negative Declaration, together with the other CEQA Documents, as the
environmental documentation required by CEQA, the CEQA Guidelines and the City's CEQA
Procedures for the Proposed Project; and
WHEREAS, the 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 presentation, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that negate the findings made in this Resolution. The Planning Commission 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 the Planning Commission, pursuant to the
above findings and based upon a thorough review of proposed Mitigated Negative Declaration,
the other CEQA Documents and the evidence received to date, does find and determine and
recommends that the City Council also 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 CEQA Procedures and, together with
MMP No. 386, serves as the appropriate environmental documentation for the Proposed Project.
- 2 - PC2023-002
2. That it has carefully reviewed and considered the information contained in the
Mitigated Negative Declaration (including the Initial Study and any comments received) 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 impacts upon the environment
with the implementation of the mitigation measures contained in MMP No. 386 and that the
Mitigated Negative Declaration reflects the independent judgment and analysis of the City
Council; and
4. Pursuant to the above findings, the Planning Commission recommends the City
Council determine that the Mitigated Negative Declaration and Mitigation Monitoring Plan No.
386, are the appropriate environmental documentation for the Proposed Project and hereby
recommends that the City Council approve and adopt the Mitigated Negative Declaration and
Mitigation Monitoring Plan No. 386 for the Proposed Project.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 18, 2023.
r
CHAIRPERSON, PLANNING C MISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 3 - PC2023-002
EXHIBIT "A"
DEV NO. 2021-00195
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PC2023-002
EXHIBIT `B"
MMP No. 386
(DEV2021-00195)
Townes at Orange
Mitigation Monitoring
and Program No. 386
DEV2021-00195
Prepared for City of Anaheim
200 South Anaheim Boulevard, Suite 162
Anaheim, California 92805
Prepared by Kimley-Horn and Associates, Inc.
1 100 W Town and Country Road, Suite 700
Orange, California 92868
Date: January 2023
PC2023-002
TOWNES AT ORANGE PROJECT
MITIGATION MONITORING PLAN NO. 386
Terms and Definitions:
1. Property Owner/Developer—Melia Homes.
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 bythe property owner/developer. Staff time for reviews will
be charged on a time and materials basisat the rate in the City's adopted
Fee Schedule.
3. 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.
4. 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.
5. 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 adc6tlorsto an existing structure or building.
TOWNES AT ORANGE PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
PC2023-002
Responsible for
Verification
Monitoring/ Reporting
Approval/
Mitigation Measures (MMs)
Implementation Timing
Methods
Monitoring
Date
Initials
Air Quality
SC AQ -1: Dust Control. During construction, construction
Include requirements in
Best available control
Planning and
contractors shall comply with South Coast Air Quality
bid packages; show on
measures shown on
Building
Management District's (South Coast AQMD's) Rules 402
grading and construction
construction plans
Department
and 403 to minimize construction emissions of dust and
plans
Site inspections
designee
particulates. South Coast AQMD Rule 402 requires that air
During demolition,
pollutant emissions not be a nuisance off-site. Rule 402
grading, construction
prohibits the discharge from any source whatsoever such
quantities of air contaminants or other material which cause
injury, detriment, nuisance, or annoyance to any
considerable number of persons or to the public, or which
endanger the comfort, repose, health, or safety of any such
persons or the public, or which cause, or have a natural
tendency to cause, injury or damage to business or
property.
South Coast AQMD Rule 403 requires that fugitive dust be
controlled with Best Available Control Measures so that the
presence of such dust does not remain visible beyond the
property line of the emission source. This rule is intended
to reduce PM,o emissions from any transportation,
handling, construction, or storage activity that has the
potential to generate fugitive dust. This requirement shall
be included as notes on the contractor specifications. Table
1 of Rule 403 lists the Best Available Control Measures that
are applicable to all construction projects. The measures
include, but are not limited to, the following:
a. Portions of a construction site to remain inactive
longer than a period of three months will be seeded
and watered until grass cover is grown or otherwise
stabilized.
PC2023-002
Responsible for
Verification
Monitoring/ Reporting
Approval/
Mitigation Measures (MMs)
Implementation Timing
Methods
Monitoring
Date
Initials
b. All on-site roads will be paved as soon as feasible or
watered periodically or chemically stabilized.
c. All material transported off-site will be either
sufficiently watered or securely covered to prevent
excessive amounts of dust.
d. The area disturbed by clearing, grading, earthmoving,
or excavation operations will be minimized at all
times.
e. Where vehicles leave a construction site and enter
adjacent public streets, the streets will be swept daily
or washed down at the end of the workday to remove
soil tracked onto the paved surface.
SC AQ -2: Architectural Coatings. South Coast Air Quality
Include requirements in
Show on construction
Planning and
Management District (South Coast AQMD) Rule 1113
bid packages; show on
plans
Building
requires manufacturers, distributors, and end-users of
grading and construction
Site inspections
Department
architectural and industrial maintenance coatings to reduce
plans
designee
reactive organic gas (ROG) emissions from the use of
Prior to the start of
these coatings, primarily by placing limits on the ROG
construction
content of various coating categories. Architectural
coatings shall be selected so that the volatile organic
compound (VOC) content of the coatings is compliant with
South Coast AQMD Rule 1113. This requirement shall be
included as notes on contractor specifications.
Biological Resources
SC BI0-1: Nesting Migratory Birds. During construction,
Include requirements in
Site inspections
Planning and
grubbing, brushing, or tree removal shall be conducted
bid packages; show on
Nesting Bird Plan
Building
outside of the state identified nesting season for migratory
grading and construction
(NBP), if nests found
Department
birds (i.e., typically February 1 through August 31), if possible.
plans
during nesting
designee
If construction activities cannot be conducted outside of
Applicable if during
season
Qualified Biologist
nesting season, a Pre -Construction Nesting Bird Survey within
nesting bird season:
and adjacent to the project site shall be conducted by a
Three days prior to
qualified biologist within three days prior to initiating
construction
construction activities. If active nests are found during the
Responsible for
Verification
Monitoring/ Reporting
Approval/
Mitigation Measures (MMs)
Implementation Timing
Methods
Monitoring
Date
Initials
Pre -Construction Nesting Bird Survey, a Nesting Bird Plan
Avoidance during
(NBP) shall be prepared by a qualified biologist and
construction.
implemented during construction. At a minimum, the NBP
shall include guidelines for addressing active nests,
establishing buffers, monitoring, and reporting. The size and
location of all buffer zones, if required, shall be based on the
nesting species, nesting age, nest location, its sensitivity to
disturbance, and intensity and duration of the disturbance
activity.
Cultural Resources
MM CR -1: An Archaeologist who meets the Secretary of
Prior to the issuance of
Worker
Planning and
the Interior's Professional Qualification Standards for
a Notice to Proceed for
Environmental
Building
Archaeology shall perform a "tailgate" Worker
any ground disturbance
Awareness Program
Department
Environmental Awareness Program (WEAP) training for all
During construction
(WEAP) training
designee
construction personnel directly involved with project-
related ground disturbance activities. The training shall
Include requirements in
Site inspections
p
Qualified
include visual aids, a discussion of applicable laws and
bid packages; show on
Show on
Professional
statutes relatingto archaeological resources,
g' types of
gradingand construction
construction plans
Archeologist
resources that may be found within the project site, and
p lans
procedures that shall be followed in the event such
Immediately stop grading
resources are encountered.
in area of discovery
In the event that inadvertent discoveries are found, an
Archaeologist who meets the Secretary of the Interior's
Professional Qualification Standards for Archaeology shall
perform an inspection of the site for potential
archaeological resources once grubbing, ground clearing,
and demolition are complete, and prior to any grading or
project -related ground disturbance. In the event exposed
soils indicate cultural materials may be present, this shall
be followed by regular or periodic archaeological
monitoring as determined by the Archaeologist, but full-time
archaeological monitoring is not required at this time.
Monitoring/ Reporting
Responsible for
Approval/
Verification
Mitigation Measures (MMs)
Implementation Timing
Methods
Monitoring
Date
Initials
It is always possible that ground -disturbing activities during
construction may uncover previously unknown, buried
cultural resources. In the event that buried cultural
resources are discovered during construction, operations
shall stop in the immediate vicinity of the find and a
qualified Archaeologist shall be consulted to determine
whether the resource requires further study. The qualified
Archaeologist shall make recommendations to the Lead
Agency on the measures that shall be implemented to
protect the discovered resources, including but not limited
to the excavation of the finds and evaluation of the finds in
accordance with Section 15064.5 of the CEQA Guidelines.
Potentially significant cultural resources consist of but are
not limited to stone, bone, fossils, wood, or shell artifacts or
features, including hearths, structural remains, or historic
dumpsites. Any previously undiscovered resources found
during construction within the project area shall be
recorded on appropriate California Department of Parks
and Recreation (DPR) forms and evaluated for significance
in terms of CEQA criteria.
If the resources are determined to be unique historic
resources as defined under Section 15064.5 of the CEQA
Guidelines, mitigation measures shall be identified by the
Archaeological Monitor and recommended to the Lead
Agency. Appropriate mitigation measures for significant
resources shall include avoidance or capping, incorporation
of the site in green space, parks, or open space, or data
recovery excavations of the finds.
No further grading shall occur in the area of the discovery
until the Lead Agency approves the measures to protect
these resources. Any archaeological artifacts recovered as
a result of mitigation shall be donated to a qualified
scientific institution approved by the Lead Agency where
they would be afforded long-term preservation to allow
future scientific study.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Susana Barrios, 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 January 18, 2023, by the following vote of the
members thereof:
AYES: Chairperson Kring, Commissioners Henninger, Perez, Walker, and White
RECUSED: Commissioner Mouawad
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 18' day of January 2023.
ECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-002