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RES-2024-117RESOLUTION NO. 2 0 2 4 -117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN NO. 391 FOR DEVELOPMENT APPLICATION NO. 2023-00042 (275 AND 301 EAST SANTA ANA STREET) WHEREAS, the City Council of the City of Anaheim (the "City Council") did receive a verified petition for a General Plan Amendment and Tentative Tract Map, (collectively known as Development Application No. 2023-00042) to construct a new residential development consisting of 56 for -sale three-story condominium townhomes with 10 percent of the units for moderate - income buyers (the "Proposed Project"), for certain real property located at 275 and 301 East Santa Ana Street 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"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, an 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 Initial Study/Mitigated Negative Declaration was circulated for a 20-day public/responsible agency review on August 15, 2024, and was also made available for review on the City's website. A complete hard copy of the Initial Study/Mitigated Negative Declaration (IS/MND) 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 and the Reference Desk of the Anaheim Public Library located on the Second Floor at 500 West Broadway. The complete copy of the IS/MND was also available on the Office of Planning and Research's CEQAnet database and with the Orange County Clerk -Recorder; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring Program has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project (herein referred to as "MMP No. 391 "). A complete copy of MMP No. 391 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 Sections 15072(a) and (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 Sections 15072(a) and 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 two letters during the comment period and although not required by CEQA, the City prepared responses to the comments received. Pursuant to CEQA Guidelines Section 15073.5, none of the comments received resulted in substantial revisions and there is no need to recirculate the IS/MND or to prepare an Environmental Impact Report (EIR); and WHEREAS, the IS/MND including comments, response to comments and errata shall be referred to herein collectively as the "Mitigated Negative Declaration" and together with MMP No. 391 prepared for the Proposed Project, a copy of which has been presented to the City Council and is on file in the Planning Department and incorporated herein by this reference as though fully set forth, 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 September 23, 2024, 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, by adoption of its Resolution No. PC2024-025, and pursuant to the provisions of CEQA and the CEQA Guidelines, the Planning Commission found and determined that the Proposed Project will have a less than significant impact upon the environment with the implementation of the mitigation measures attached to this Resolution and contained in MMP No. 391, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 391; and WHEREAS, upon receipt of the Planning Commission's recommendation, summary of evidence and report of findings and recommendations of the Planning Commission, the City Council did fix the 13th day of November 2024, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on the Proposed Project and the Mitigated Negative Declaration and for the purpose of considering evidence for and against the Proposed Project and the Mitigated Negative Declaration, and did give notice thereof in the manner and as provided by law; and WHEREAS, to the extent authorized by law, the City Council desires and intends to use the Mitigated Negative Declaration and MMP No. 391, as the environmental documentation required by CEQA and the CEQA Guidelines for the Proposed Project; and WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMP No. 391 and any comments received to date, and the responses prepared, the City Council does find and determine as follows: -2- 1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA and the CEQA Guidelines and, together with MMP No. 391, 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 and after 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. 391 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council; and 4. That the City Council hereby approves and adopts the Mitigated Negative Declaration and MMP No. 391 for Development Application No. 2023-00042; and WHEREAS, on November 13, 2024, the City Council did hold and conduct such public hearing, give all persons interested therein an opportunity to be heard, and receive evidence and reports and did consider the Proposed Project, including recommendations of the Planning Commission, potential environmental impacts addressed in the Mitigated Negative Declaration and MMP No. 391; and WHEREAS, the 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 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 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 by the City Council of the City of Anaheim, 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) based on the findings and determinations as follows: 1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA and the CEQA Guidelines and, together with MMP No. 391, 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 -3- the implementation of the mitigation measures contained in MMP No. 391 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council; and 4. Pursuant to the above findings, the City Council determines that the Mitigated Negative Declaration and MMP No. 391, are the appropriate environmental documentation for the Proposed Project and hereby approves and adopts the Mitigated Negative Declaration and MMP No. 391 for the Proposed Project. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 13t' day of November 2024, by the following roll call vote: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: MAYOR OkVE CITY OF ANAHEIM ATTEST: �_-- CITY RK OF THE CITY OF ANAHEIM -4- EXHIBIT "A" DEV NO.2023-00042 s APN: BW Ay 037024-11 pp 07-111-29 7-111-u, �o z n p yG ra v y Z 7 33p� 33�1A ti 330. 1 w �E SA�TA-ANA*5� E EVE SW o pV E o ieo — Source: Recorded Tract Maps and/or City GIS. Feett Please note the accuracy is +/- two to five feet. EXHIBIT "B" MMP No. 391 (DEV2023-00042) at,,OfAno,Wm The Mtq Retldmftiai Tawnbo~Prefect Mifiy.Wan MoWtoHng Pregranr No. 391 The Mill Residential Townhome Project Mitigation Monitoring Program No. 391 Responsible for Verification of Completion MkIliatlon Measures Method of Verification Timing of verification Verification Date initial 2.3 Cultural Resources and Tribal Cultural Resources MM CUL-1: An Archaeologist who meets the Secretary of the Confirm evidence of Interior's Professional Qualification Standards for WEAP training through Archaeology shall conduct a Worker Environmental attendance Awareness Program (WEAP) training for archaeological documentation. resources to be given to all construction personnel directly involved with project -related ground disturbance. The The owner/developer training should include visual aids, a discussion of applicable shall provide laws and statutes relating to archaeological resources, types documentation that a of resources that may found within the project site, and site inspection was procedures to be followed in the event such resources are completed by a qualified encountered. In the event exposed soil Indicates cultural Archaeologist. materials may be present, this may be followed by regular or periodic archaeological monitoring as determined by the If archaeological Archaeologist, but full-time archaeological monitoring is not materials are required at this time. encountered, confirm It is always possible that ground -disturbing activities during archaeological monitoring is conducted. construction may uncover previously unknown, buried cultural resources. in the event that buried cultural resources Confirm compliance with are discovered during construction, operations shall stop in CECtA Guidelines Section the immediate vicinity of the find and a qualified 15064.5 permit(s) and Archaeologist shall be consulted to determine whether the confirm receipt of DPR resource requires further study. The qualified Archaeologist forms; review qualified shall make recommendations to the Lead Agency on the Archaeologist's measures that shall be implemented to protect the submittal of findings and discovered resources, including but not limited to excavation documentation. of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEC A 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. Prior to any grading City of Anaheim or project -related Planningand ground disturbance. Building Department. Oty ofMohdar The Mill Residential Townhome Project Mitigation Monitoring Program No. 391 Mitigation Measures Any previously undiscovered resources found during construction within the project area should 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 150645 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 could 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 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. MM CUL-2: Accidental Discovery of Human Remains. 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; Public Resources Code Section 5097.94 and Section 5097.98 must be followed. If during the course of project development there is accidental discovery or recognition of any human remains, the hollowing steps shall 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 whether the remains are Native American and if an investigation of the cause of death is required. If the Coroner determines the remains to be Method of Verification Timing of Verification If human remains are uncovered, confirm construction activities have ceased and the County Coroner has been contacted. If human remains are uncovered, confirm construction activities have ceased and the County Coroner has been contacted. During ground - disturbing activities, if human remains are uncovered. Responsible for Verification City of Anaheim Planning and Building Department. Verification of Completion Date Initial dty ojAnahelm The Mill Residential Townhame Project M189atlon Monitoring Frogrmn No. 391 Mitigation Measures Native American, the Coroner shall contact the Native American Heritage Commission (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 appropriate treatment and disposition of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98. 2. Where the following conditions occur, the landowner or his or her authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendations of the MLD or on the project site in a location not subject to further subsurface disturbance: • The NAHC is unable to identify a MLD or the MLD failed to make a recommendation within 48 hours after being notified by the commission. • 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, California Public Resources Code 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 site, a lead agency shall work with the appropriate Native Americans as identified by the NAHC as provided in Method of Verification Timing of Verification If the remains are determined to be of Native American origin, confirm the MLD and NAHC have been contacted. If human remains are uncovered, confirm compliance with CEC,A Guidelines Section 15064.5; Public Resources Section 7050.5 and Public Resources Section 5097.98. Responsible for Verification of Completion Verification Date Initial Oty of Anohelm The M1R Rest deMlal Townhame Project Mitigation Monitoring Program No. 391 Mitigation Measures Method of Verification Timing of Verification Public Resources Code Section 5097.98. The 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. MM TCR-1: Retain a Native American Monitor Prior to Confirm retention of a Prior to Commencement of Ground -Disturbing Activities Native American (Tribal commencement of a. The project applicant/lead agency shall retain a Native Monitor) from the any grading and/or American Monitor from the consulting Tribe(s).. The consulting Tribe(s) by construction monitor shall be retained prior to the commencement of receipt of a copy of the activity; during any `ground -disturbing activity" for the subject project at executed contract. construction all project locations (i.e., both on -site and any off -site activities. locations that are included in the project Confirm receipt of daily description/definition and/or required in connection with monitoring logs. During construction the project, such as public improvement work). "Ground- activities upon disturbing activity" shall include, but is not limited to, If buried cultural discovery of any demolition, pavement removal, potholing, auguring, resources encountered, archaeological or grubbing, tree removal, boring, grading, excavation, confirm construction Tribal Cultural drilling, and trenching. activities have ceased. Resources (TCRs). b. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the If buried cultural During ground - commencement of any ground -disturbing activity, or the resources encountered, disturbing activities, issuance of any permit necessary to commence a ground- confirm the if human remains disturbing activity. development of are uncovered. c. The tribal monitor will complete daily monitoring logs that appropriate avoidance shall provide descriptions of the relevant ground- and treatment disturbing activities, the type of construction activities measures. performed, locations of ground -disturbing activities, soil types, cultural -related materials, and any other facts, If human remains are conditions, materials, or discoveries of significance to the uncovered, confirm Tribe. Monitor logs will identify and describe any construction activities discovered TCRs, including but not limited to, Native have ceased and the American cultural and historical artifacts, remains, places County Coroner has of significance, etc., (collectively, tribal cultural resources, been contacted. Verifica Responsible for Verification n-;�,n City of Anaheim Planning and Building Department. Oty of Maheim The Mill Residential Townhome Project MRlgation Monitoring Program No. 392 Mitigation Measures or "TCR"), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs shall be provided to the project applicant/lead agency upon written request to the Tribe. d. On -site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the consulting Tribe(s) from a designated point of contact for the project applicant/lead agency that all ground -disturbing activities and phases that may involve ground -disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the consulting Tribe(s) to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact consulting Tribe(s) TCRs. e. The Owner/Developer shall provide the following note on all grading plans: • This project requires the applicant to contract with a Native American Monitor to be available to evaluate any Tribal and cultural resources unearthed during excavation and grading activities. Contractor shall maintain direct contact information for City -approved Monitor and make available to Public Works Inspector at pre -construction meeting. • Contractor will be responsible to copy Public Works Inspector on correspondence to third -party monitor to schedule monitoring. • In the event that Tribal and cultural resources are inadvertently unearthed during excavation and grading activities, the Contractor shall immediately cease all earth -disturbing activities within a 100-foot radius of the area of discovery until such time that avoidance or Method of Verification Timing of Verification If the remains are determined to be of Native American origin, confirm the MILD and NAHC have been contacted. If human remains are uncovered, confirm compliance with CEOA Guidelines Section 150645; Public Resources Section 7050.5 and Public Resources Section 5097.98. Responsible for Verification of Completion Verification fate Initial city of Anaheim The IlRill Residential Townhome Project Mitigation Manitadng Program No. 391 Responsible for Mitigation Measures Method of "Verification Timing of Verification Verification salvage operations are concluded under the direction of the Paleontologist. • A final summary prepared by the monitor that identifies any materials found and noting that monitoring activities have been concluded must be provided to the Public Works Inspector, prior to pad certification/building permit issuance (when no pad certification). MM TCR-2: Unanticipated Discovery of Tribal Cultural Confirm receipt of daily For monitoring logs, Cityof Anaheim Resource Objects (Non-Funerary/Non-Ceremonial) monitoring logs. prior to Planningand a. Upon discovery of any Tribal Cultural Resources (TCRs), all commencementof Building construction activities in the immediate vicinity of the If buried cultural any grading and/or Department. discovery shall cease (i.e., not less than the surrounding 50 resources encountered, construction feet) and shall not resume until the discovered TCR has confirm construction activity; during been fully assessed by the consulting Tribe(s). The activities have ceased. construction consulting Tribe(s)shall recover and retain all discovered activities. TCRs in the form and/or manner the consulting If buried cultural Tribe(s)deems appropriate, in the Tribe's sole discretion, resources encountered, During construction and for any purpose the Tribe deems appropriate, confirm the activities upon including for educational, cultural and/or historic development of discovery of any purposes. appropriate avoidance archaeological or and treatment Tribal Cultural measures. Resources (TCRs). MM TCR-3: Unanticipated Discoveryof Human Remains and Confirm receipt of daily For monitoring logs, Gtyof Anaheim Associated Funerary or Ceremonial Objects monitoring logs. prior to Planningand a. Native American human remains are defined in Public commencementof Building Resources Code 5097.98 (d)(1) as an inhumation or If buried cultural any grading and/or Department. cremation, and in any state of decomposition or skeletal resources encountered, construction completeness. Funerary objects, called associated grave confirm construction activity; during goods In Public Resources Code Section 5097.98, are also activities have ceased. construction to be treated according to this statute. activities. b. If Native American human remains and/or grave goods are If buried cultural discovered or recognized on the project site, then Public resources encountered, During ground - Verification of Completion Date Initial My of Anaheim The Mill Reddepthd Townhame WoJeet "d9ation Mon/taring Progmm No. 391 Mitigation Measures Method of Verification Resource Code 5097.9 as well as Health and Safety Code confirm the Section 7050.5 shall be followed. development of c. Human remains and grave/burial goods shall be treated appropriate avoidance alike per California Public Resources Code Section and treatment 5097.98(d)(1) and (2). measures. d. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human and/or burial If human remains are remains. uncovered, confirm e. Any discovery of human remains/burial goods shall be construction activities kept confidential to prevent further disturbance. have ceased and the County Coroner has been contacted. If the remains are determined to be of Native American origin, confirm the MILD and NAHC have been contacted. If human remains are uncovered, confirm compliance with CEO.A Guidelines Section 15064.5; Public Resources Section 7050.5 and Public Resources Section 5097.98. Responsible for Verification of Completion riming of Verification Verification Date Initial disturbing activities, if human remains or buried cultural resources are uncovered. 2.7 Geology and Soils MM GEG-1: Prior to the issuance of a grading permit, the Confirm preliminary Prior to issuance of City of Anaheim Owner/Developer shall implement the recommendations recommendations from a grading permit Planning and provided in Section 3, Conclusion and Preliminary the Geotechnical Oty of Anaheim The Mill Reddential Townhome Project Mitigation Monitoring Program No. 391 Mitigation Measures Recommendations, in the Geotechnical Due Diligence Review prepared by SA Geotechnical Inc. These include general earthwork requirements for site preparation, soil removal, fill material, grading, foundation, design, and all relevant construction permits, as well as requirements related to structural design and pavement design. The Geotechnical Feasibility Report, included in Appendix D, is incorporated herein by reference as fully set forth in this mitigation measure. MM GEQ2: In the event that fossils or fossil -bearing deposits are discovered during construction, excavations within 50 feet of the find shall be temporarily halted or diverted. The contractor shall notify a qualified Paleontologist (meetingthe standards of the Society of Vertebrate Paleontology [SVP)) to examine the discovery. The qualified Paleontologist shall document the discovery as needed in accordance with SVP standards, evaluate the potential resource, and assess the significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5. Based on the significance of the find, the qualified Paleontologist shall determine procedures to be followed before construction is allowed to resume at the location of the find. If in consultation with the qualified Paleontologist, it is determined that avoidance is not feasible, the qualified Paleontologist shall prepare Paleontological Resources Impact Mitigation Program (PRIMP) to outline salvage and recovery procedures. If deemed necessary by the qualified Paleontologist, the PRIMP will include construction monitoring requirements as well. The PRIMP shall be submitted to the City for review and approval and the approved plan shall be implemented. Method of Verification Timing of Verification Investigation have been incorporated into project construction documents. Conduct on -site inspection. If any paleontological resources are unearthed, confirm all work within 50 feet have been diverted and confirm a professional Paleontologist has assessed the find to salvage and deposit resources in an appropriate and timely manner. Responsible for Verification of Completion Verification Date Initial Building Department. During ground- City of Anaheim disturbing activities. Planningand Building Department. 10 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. 2024-117 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 131 day of November, 2024 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 181" day of November. 2024. ERK OF THE CITY OF ANAHEIM (SEAL)