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Resolution-PC 2016-006RESOLUTION NO. PC2016-006 A RESOLUTION OF THE PLANNING COMMISSION APPROVING AND ADOPTING A MITIGATED NEGATIVE DECLARATION FOR PROPOSED RECLASSIFICATION NO. 2015-00282, CONDITIONAL USE PERMIT NO. 2015-05815, AND TENTATIVE TRACT MAP NO. 17920 (DEV2015-00071) (2337-2415 SOUTH MANCHESTER AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Reclassification No. 2015-00282, Conditional Use Permit No. 2015-05815, Variance No. 2015-05046 and Tentative Tract Map No. 17920 for certain real property commonly known as 2337-2415 South Manchester 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"), for the purpose of allowing the applicant to construct 120 single-family, attached condominium units (the "Project"); and WHEREAS, the Property is approximately 5.5 acres in size. A portion of the Property is located in the "T" Transition Zone and the balance of the Property is located in the "C -G" General Commercial Zone. The Property is also located within the Mobile Home Park (MHP) Overlay Zone meaning that the regulations contained in Chapter 18.26 (Mobile Home Park (MHP) Overlay Zone) of the Anaheim Municipal Code (the "Code") apply in addition to and, where inconsistent therewith, shall supersede any regulations of the "T" Transition Zone or the "C -G" General Commercial Zone, as the case may be. The Property is designated on the Land Use Element of the General Plan for "Medium Density Residential" uses; and WHEREAS, Reclassification No. 2015-00282 proposes to establish the "RM -4" Multiple -Family Residential Zone on the Property, which will define the allowable land uses and property development standards for the Property in accordance with Chapter 18.06 (Multiple - Family Residential Zone) of Title 18 (Zoning) of the Code; and WHEREAS, all residential planned unit developments within the "RM -4" Multiple - Family Residential Zone are subject to the approval by the Planning Commission of a conditional use permit pursuant to Subsection .010 of Section 18.06.160 (Residential Planned Unit Development); and WHEREAS, pursuant to subsection .030 of Section 18.06.160 (Residential Planned Unit Development), the setbacks may be determined by conditional use permit. If approved, Conditional Use Permit No. 2015-05815 will modify the minimum setback requirements along the interior property lines, street setbacks along Manchester Avenue and the setbacks between buildings; and WHEREAS, subsequent to giving notice of said public hearing, it was determined that Variance No. 2015-05046 was not warranted. Accordingly, Variance No. 2015-05046 has been eliminated as a part of the petitioner's request and is not a part of the Project; and - 1 - PC2016-006 WHEREAS, Tentative Tract Map No. 17920 proposes to permit the construction of the Project in accordance with the design and improvements of the subdivision, as shown on proposed Tentative Tract Map No. 17920; and WHEREAS, Reclassification No. 2015-00282, Conditional Use Permit No. 2015-05815, Variance No. 2015-05046 and Tentative Tract Map No. 17920 and the Project shall be referred to herein collectively as the "Proposed Project"; 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 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 December 31, 2015 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 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 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. 327"). A complete copy of MMP No. 327 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 January 25, 2016, 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 - 2 - PC2016-006 WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMP No. 327 and the comments received to date and the responses prepared, staff finds 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 this Resolution and contained in MMP No. 327; and WHEREAS, 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 MMP No. 327, serves as the appropriate environmental documentation for the Proposed Project; 2. That the Planning Commission 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; and 3. Based upon the record before it (including the Initial Study and any comments received), the Planning Commission finds 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. 327 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission and the City of Anaheim. 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. 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 approve the information contained in the Mitigated Negative Declaration (including the Initial Study and any comments received during the public review period) and finds and determines 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. 327, 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. 327 and - 3 - PC2016-006 that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission; 3. That the Mitigated Negative Declaration and MMP No. 327 are hereby approved and adopted; and 4. 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 at the Planning Commission meeting of January 25, 2016. 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. C"AfRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 January 25, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER, LIEBERMAN, SEYMOUR NOES: COMMISSIONERS: RAMIREZ ABSENT: COMMISSIONERS: NONE 2016. IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of January, SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM PC2016-006 EXHIBIT "A" DEV NO. 2015-00071 0 �� 5 ""Source: Recorded Tract Maps and/or City GIS, Feet Please note the accuracy is +/- two to five feet. - 5 - PC2016-006 EXHIBIT `B" OLSON MANCHESTER TOWNHOME PROJECT MITIGATION MONITORING PLAN NO. 327 Property Owner/Developer — Owner or developer of Olson Manchester Townhome 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 d o n e 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. MM — Mitigation Measure SC — Standard Condition 9. PDF — Project Design Feature MITIGATION MONITORING PLAN N0. 327 MITIGATION'1 i 1' NUMBER/ 1' COMPLETION III. AIR QUALITY The Project Applicant shall install a positive static pressure forced air HVAC system into all residential units. Each HVAC system shall be required to install a high-efficiency MERV filter of MERV 13 or better Prior to the submittal in the air intake for the HVAC system, and the air intake shall be for building permit (to installed with a fan designed to force air through the MERV 13 filter MM-AQ-1 be included in and to create positive static pressure. In order to ensure that the HVAC Planning and Building working drawings); systems with the MERV 13 (or better) filters are properly maintained, Department review of CC&R's an annual service of each HVAC system (limited to HVAC tune-up prior to recordation and filter cleaning or replacement) shall be offered to each tenant and paid for by the Home Owners Association (HOA). This mitigation shall be codified in the Covenants, Conditions, and Restrictions (CC&Rs) of the HOA. IV. BIOLOGICAL RESOURCES The Property Owner/Developer shall ensure that vegetation removal shall not be conducted during the nesting bird/raptor season (March 15 to September 15 for nesting birds; February 1 to June 30 for nesting raptors), to the extent practicable. If construction or vegetation removal would occur between February 1 and September 15, the Property Owner/Developer shall conduct a pre-construction survey for Prior to the issuance active bird/raptor nests within three days prior to commencement of planning and Building MM-BIO-1 of a demolition permit construction activities/vegetation removal. Should an active nest be Department and grading permit identified, restrictions may be placed on construction activities in the vicinity of the nest observed until the nest is no longer active, as determined by a qualified Biologist. The size of the protective buffer will be determined by the Biologist based on the location of the nest, the type of construction activities, the existing human activity in the vicinity of the nest, and the sensitivity of the nesting species. Once the nest is no longer active, construction can proceed in the buffer zone. V. CULTURAL RESOURCES Prior to approval of each grading plan, the Property Owner/Developer shall submit a letter to the Planning and Building Department, Planning Division, which identifies the certified Archaeologist who has been hired to ensure that the following actions are implemented: a. The Archaeologist must be present at the pre -grading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological monitor shall determine appropriate actions in cooperation with the Property Owner/Developer for exploration and/or salvage. MM -CR -1 Prior to the issuance Planning and Building of a grading permit b. Specimens that are collected prior to or during the grading process Department will be donated to an appropriate educational or research institution. c. Any archaeological work at the site shall be conducted under the direction of the certified Archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the Archaeologist shall notify the City as to when the final report will be submitted. VI. GEOLOGY AND SOILS Prior to issuance of each building permit, the Property MM-GEO-1 Prior to the issuance Owner/Developer shall submit plans showing that the proposed structures have been analyzed for earthquake loading and designed planning and Building of a building permit according to the most recent seismic standards in the Uniform Building Department p Code adopted by the City of Anaheim. Prior to approval of each grading plan, the Property Owner/Developer shall submit to the City Engineer for review and approval a soils and MM-GEO-2 Prior to issuance of geological report for the area to be graded. This report shall be based Public Works grading permit on proposed grading and prepared by an Engineering Geologist and Department Geotechnical Engineer. All grading shall be in conformance with Title 17 of the Anaheim Municipal Code. Prior to issuance of each building permit, the Property MM-GEO-3 Prior to the issuance Owner/Developer shall submit for review and approval detailed foundation design information for the subject building(s). This planning and Building of a building permit information shall be prepared by a Civil Engineer and based on Department p recommendations by a Geotechnical Engineer. VIII. HAZARDS AND HAZARDOUS MATERIALS In the event that hazardous waste, including asbestos, is discovered during project demolition, site preparation and/or project construction, During demolition, the Property Owner/Developer shall ensure that the identified MM-HAZ-1 site preparation and/or hazardous waste and/or hazardous material(s) are handled and Planning and Building construction disposed of in the manner specified by the State of California Department Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5) and according to the requirements of the, Title 30, Chapter 22. Prior to approval of the first grading plan or demolition permit, the Prior to the issuance Property Owner/Developer shall submit a plan for review and approval MM-HA7--2 of a demolition permit to the Environmental Protection Section of the Fire Department, which Fire Department and grading permit details procedures that will be taken if a previously unknown UST, other unknown hazardous material, or waste is discovered on site. IX. HYDROLOGY AND WATER QUALITY Prior to the initiation of grading, and throughout the duration of project construction, the applicant shall submit to the Public Works Department, Development Services Division, for review and approval, a Water Quality Management Plan, as described in Drainage Area Management Plan for Orange County. Said WQMP shall: Prior to the issuance • Address Site Design Best Management Practices (BMPs) such as Public Works MM-WQ-1 of a grading permit minimizing impervious areas, maximizing permeability, minimizing "zero Department directly connected impervious areas, creating reduced or discharge" areas, and conserving natural areas. • Incorporate applicable Routine Source Control BMPs. • Incorporate Treatment Control BMPs. • Describe the long-term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs. Prior to approval of grading plans; and, during clearing, the Property Prior to the issuance Owner/Developer shall obtain coverage under the NPDES Statewide Public Works MM-WQ-2 of a grading permit Industrial Storm Water Permit for General Construction Activities Department from the State Water Resources Control Board. Evidence of attainment shall be submitted to the City Engineer. During project operations, the Property Owner/Developer shall provide for the following to the satisfaction of the Public Works Director or their designee: cleaning of all paved areas not maintained by the City MM-WQ-3 During all grading and of Anaheim at all times, including, but not limited to, private streets Public Works construction activities and parking lots. The use of water to clean streets, paved areas, Department parking lots, and other areas and the flushing of debris and sediment down the storm drains shall be prohibited. MM-WQ-4 Prior to final buildingOwner/Developer and zoning inspection Prior to each final building and zoning inspection, the Property shall submit a letter to the City Engineer from a licensed Landscape Architect to the City, certifying that the landscape installation and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. Planning and Building Department p MM-WQ-S Prior to final buildingPrior to final building and zoning inspection, the Property Owner/Developer shall install separate irrigation meters. Evidence of Planning and Building and zoning inspection compliance shall be submitted to the City Engineer Department Prior to grading plan approval, the applicant shall submit a Drainage Study prepared by a registered professional Civil Engineer in the State of California. The Study shall be based upon and reference the latest edition of the Orange County Hydrology Manual and the applicable City of Anaheim Master Plan of Drainage for the project area. All drainage sub -area boundaries per the Master Plan for Drainage shall be Public Works MM-WQ-6 Prior to issuance of maintained. The Study shall include: an analysis of 10-, 25- and 100- Department and grading permit year storm frequencies; an analysis of all drainage impacts to the Planning and Building existing storm drain system based upon the ultimate project build -out Department condition; and address whether off-site and/ or on-site drainage improvements (such as detention/ retention basins or surface runoff reduction) will be required to prevent downstream properties from becoming flooded. Finish floor elevation shall be one foot above sump condition at 100 year storm event. 10 Prior to any issuance of any demolition permit that disturbs soil, rough MM-WQ-7 Prior to issuance of grading permit coverage under the State's General Construction Permit Public Works grading permit shall be obtained and an Erosion and Sediment Control Plan shall be Department approved by the City. Construction General Permit Notice of Intent (NOI). This project will result in soil disturbance of one or more acres of land that has not been addressed by an underlying subdivision map. Prior to grading plan approval, the applicant shall demonstrate that coverage has been obtained under California's General Permit for Stormwater Discharges SC-WQ-1 Prior to issuance of Associated with Construction Activity by providing a copy of the Public Works grading permit Notice of Intent (NOI) submitted to the State Water Resources Control Department Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request XII. NOISE The Property Owner/Developer shall ensure that all construction and Duringall grading and g g grading equipment is properly maintained throughout construction. All Planning and Building MM -N-1 construction activities vehicles and compressors shall use exhaust mufflers, and engine Department enclosure covers, as designed by the manufacturer, shall be in place at all times. Prior to issuance of each grading and building permit, the Property Prior to issuance of Owner/Developer shall place a note on the grading and construction SC -N-1 grading and building plans stating that the Construction Contractor shall limit the Planning and Building permits performance of all construction related activities that would result in Department high noise levels to between the hours of 7:00 AM and 7:00 PM as approved by the City. Prior to the submittal Roof ceiling construction will be roofing on plywood. Batt insulation for buildingpermit P it ( to will be installed in joist spaces. The ceilings will be one layer of Planning and Building PDF -N-1 be included in gypboard. All exterior walls will be 2 -inch by 4 -inch studs, 16 -inch on Department working drawings) center with batt insulation in the stud spaces. Exteriors will be exterior plaster or stucco. The interiors will be gypboard. PDF -N-2 Prior to the submittal for building permit (to be included working drawings) All eastern facing windows and glass doors on the second and third floors of Buildings 9, 10, 11, 12, and 13 shall be glazed with STC 29 glazing. All eastern facing units in Buildings 9, 10, 11, 12, and 13 shall be provided with air conditioning or forced -air ventilation in compliance with the Uniform Building Code. planning and Building Department XIII. PALEONTOLOGICAL RESOURCES Prior to approval of each grading plan, the Property Owner/Developer shall submit a letter to the Planning Department, Planning Division, and Building Division identifying the certified Paleontologist that has been hired to ensure that the following actions are implemented: a. The Paleontologist must be present at the pre -grading conference in order to establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils if potentially significant paleontological resources are uncovered. If artifacts are uncovered and found to be significant, the paleontological monitor shall determine appropriate actions in cooperation with the Property Owner/Developer for exploration MM -PALED -1 Prior to issuance of and/or salvage. Planning and Building grading permit g g p b. Specimens that are collected prior to or during the grading process Department will be donated to an appropriate educational or research institution. c. Any paleontological work at the site shall be conducted under the direction of the certified Paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted. Upon completion of the grading, the Paleontologist shall notify the City as to when the final report will be submitted. 12 XV. PUBLIC SERVICES SC-PS-1 Prior to issuance of Prior to issuance of a building permit, the Property Owner/Developer planning and Building building permits shall coordinate with APD to ensure that all public safety Department p recommendations will be implemented as part of the project. Prior to issuance of each building permit, the Property SC-PS-2 Prior to issuance of Owner/Developer shall provide proof of compliance with California Planning and Building building permits Government Code Section 53080 (schools) to the Building Division of Department the Planning Department In accordance with Chapter 17.34 of the City of Anaheim Municipal Code, prior to the issuance of each building permit, the Property Owner/Developer shall pay the most current park dwelling fee and/or SC-PS-3 Prior to issuance of other negotiated park fees to the City. All money collected as fees planning and Building building permits imposed by Chapter 17.34 shall be deposited in the park dwelling fund and used for the acquisition, development, and improvement of public De artment p parks and recreational facilities in the City. The Community Development Department shall confirm compliance with this requirement prior to issuance of a building permit. 13