Resolution-PC 2016-050RESOLUTION NO. PC2016-050
A RESOLUTION OF THE PLANNING COMMISSION
APPROVING AND RECOMMENDING THAT THE CITY COUNCIL APPROVE AND
ADOPT A MITIGATED NEGATIVE DECLARATION FOR PROPOSED GENERAL PLAN
AMENDMENT 2015-00505, RECLASSIFICATION NO. 2015-00284, CONDITIONAL USE
PERMIT NO. 2015-05832, TENTATIVE TRACT MAP NO. 17959 AND DEVELOPMENT
AGREEMENT NO. 2016-00003 WITH SAGECREST, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY
(DEV2015-00101)
(415 SOUTH ANAHEIM HILLS ROAD)
WHEREAS, the City of Anaheim (the "City") received a verified petition from Sagecrest,
LLC, a California limited liability company (the "Developer"), requesting that the City consider
and approve General Plan Amendment No. 2015-00505, Reclassification No. 2015-00284,
Conditional Use Permit No. 2015-05832, Tentative Tract Map No. 17959 and Development
Agreement No. 2016-00003 for certain real property commonly known as 415 South Anaheim
Hills Road 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 60 single-family, attached
condominium units (the "Proposed Project"); and
WHEREAS, the Property is approximately 8.4 acres in size and is located in the "OS"
Open Space Zone. The Property is also located within the Scenic Corridor (SC) Overlay Zone,
meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of
the Anaheim Municipal Code (the "Code") apply to the Property. The Property is designated on
the Land Use Element of the General Plan for "Open Space" and "Water" land uses; and
WHEREAS, General Plan Amendment No. 2015-00505 proposes to amend "Figure LU -
4: Land Use Plan" of the Land Use Element of the General Plan to re -designate those portions of
the Property designated as "Open Space" and "Water" land uses to "Corridor Residential", "Open
Space" and "Water" land uses so that a portion of the Property will be designated for "Corridor
Residential" land uses and a portion of the Property will remain "Open Space" and "Water" land
uses; and
WHEREAS, Reclassification No. 2015-00284 proposes to rezone or reclassify the
Property from the "OS" Open Space Zone to the "RM -1" Multiple Family Residential Zone,
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. Upon approval of Reclassification No. 2015-00284, the regulations contained in Chapter
18.18 (Scenic Corridor (SC) Overlay Zone) of the Code will also apply to the Property and,
where inconsistent therewith, will supersede any regulations of the "RM -1" Multiple Family
Residential Zone; and
WHEREAS, all development within the "RM -1" Multiple -Family Residential Zone that
includes single-family attached and detached dwellings are subject to approval by the Planning
Commission of a conditional use permit pursuant to Subsection .010 of Section 18.06.160
(Residential Planned Unit Development) of the Code; and
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WHEREAS, pursuant to subsection .030 of Section 18.06.160 (Residential Planned Unit
Development) of the Code, setbacks may be modified in order to achieve a good project design,
privacy, livability and compatibility with surrounding uses. If approved, Conditional Use Permit
No. 2015-05832 will modify the minimum setback requirements, as set forth in Section
18.06.090 of the Code, and the setbacks between buildings as set forth in Subsection .050 of
Section 18.06.090 of the Code; and
WHEREAS, Tentative Tract Map No. 17959 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. 17959; and
WHEREAS, Development Agreement No. 2016-00003 proposes to provide the
Developer a vested right to develop the Project in accordance with General Plan Amendment No.
2015-00505, Reclassification No. 2015-00284, Conditional Use Permit No. 2015-05832 and
Tentative Tract Map No. 17959 for the term of the Development Agreement; and
WHEREAS, General Plan Amendment 2015-00505, Reclassification No. 2015-00284,
Conditional Use Permit No. 2015-05832, Tentative Tract Map No. 17959, Development
Agreement No. 2416-00003 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 May 12, 2016 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
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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. 333"). A complete
copy of MMP No. 333 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 13, 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
WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated
Negative Declaration, including MMP No. 333 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 MMP No. 333, 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; and
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. 333 and
that the Mitigated Negative Declaration reflects the independent judgment and analysis of the
Planning Commission.
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.
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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 recommend that the City Council carefully review and
consider the information contained in the Mitigated Negative Declaration (including the Initial
Study and any comments received during the public review period) and 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. 333, 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. 333 and
that the Mitigated Negative Declaration reflects the independent judgment and analysis of the
City Council;
3. That the City Council approve and adopt Mitigated Negative Declaration and MMP
No. 333; and
4. That the City Council authorize and direct City staff to file with the Clerk of the
County of Orange a Notice of Determination in accordance with Section 15075(a) of the State
CEQA Guidelines.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 13, 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.
oC .
CHAI , 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 13, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, LIEBERMAN, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: HENNINGER
ABSENT: COMMISSIONERS: DALATI
2016.
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of June,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00101
��o s�oioo Source: Recorded Tract Maps and/or City GIS,
Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
ANAHEIM HILLS ROAD RESIDENTIAL PROJECT
MITIGATION MONITORING PROGRAM NO. 333
Property Owner/Developer — Owner or developer of Anaheim Hills
Road Residential 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.
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.
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. 316
MITIGATION RESPONSIBLE F/
MEASURENUMBER TIMING / 1' COMPLETION
IV. BIOLOGICAL RESOURCES
A survey for active raptor nests shall be conducted no less than three
days prior to commencement of any construction activities during
raptor nesting season (January 15 -September 15). Restrictions may be
Prior the issuance
placed on construction activities in the vicinity of any active nest
Planning and Building
MM -BIO -1
r
of a grading permit
observed until the nest is no longer active as determined by a qualified
Department
Biologist. A 500 -foot buffer zone shall be designated around a nest to
allow construction to proceed while minimizing disturbance to the
active nest. Once the nest is no longer active, construction can proceed
in the buffer zone.
In order to avoid impacts on nesting birds, vegetation removal shall not
be scheduled during the breeding season (January 15—September 15) to
the extent feasible. If vegetation clearing for construction must be
conducted during the breeding season, a qualified Biologist shall
conduct pre -construction surveys for nesting birds no less than three
days prior to disturbance to confirm the absence of active nests in the
Prior to the issuance
work area. If no active nests are found, tree removal can proceed. If the
planning and Building
MM-BI0-2
of a grading permit
Biologist finds an active nest in or adjacent to the construction area
Department
and determines that the nest may be impacted, the Biologist shall
identify an appropriate buffer zone (typically, 100 to 300 feet) around
the nest. The size of the buffer may vary depending on site features,the
sensitivity of the species, location of the nest, the existing level of
human activity, and the nature of the construction activity, but will be
designed to prevent disruption of nesting activity. Once the nest is no
longer active, construction can proceed in the buffer zone.
Prior to the initiation of construction activities, the limits of
MM -13I0-3
Prior to the issuance
disturbance (project impact area) shall be clearly defined and marked
Planning and Building
of a grading permit
in the field with fencing, stakes, or flagging in order to prevent damage
Department
to adjacent vegetation and habitat.
All equipment maintenance, staging, and dispensing of fuel, oil,
Prior to the issuance
coolant, or any other toxic substances shall occur only in designated
Planning and Building
MM -13I0-4
of a grading permit
areas within the project site's proposed limits. These designated areas
Department
shall be clearly marked and located in such a manner as to contain run-
off.
V. CULTURAL RESOURCES
In the event that cultural resources are unearthed during ground -
disturbing activities associated with the Proposed Project, the
contractor shall cease all earth -disturbing activities within 50 feet of
the discovery and shall retain a qualified archaeologist. Construction
Prior to the issuance
activities may continue in other areas. The archaeologist shall evaluate
Planning and Building
MM -CUL -1
of a grading permit
the resource and determine if the discovery is significant. If the
Department
discovery proves to be significant, additional work, such as data
recovery excavation or resource recovery may be warranted and shall
be discussed in consultation with the appropriate regulatory agency
and/or tribal group.
IX. NOISE
W, j lip,
W1 IV
The Applicant shall construct a minimum 4.0 -foot high solid wall on
the east side of the proposed private patios for: (1) the northern most
Prior to the issuance
unit of the south building with 12 units; and (2) the eastern most unit
Planning and Building
MM-NOI-1
of a grading permit
of the north building with 5 units. The sound walls shall be required to
Department
be constructed of a solid material (e.g., glass, wood or plaster) that are
free of any cutouts or openings.
The Applicant shall provide a "windows closed" condition for each
proposed townhome. A "windows closed" condition requires a means
MM-NOI-2
Prior to the issuance
of mechanical ventilation per Chapter 12, Section 1205 of the Uniform
Planning and Building
of a building permit
Building Code. This shall be achieved with a standard forced air
Department
conditioning and heating system for each residential unit.
XIII. PALEONTOLOGICAL
RESOURCES
In the event that paleontological resources are unearthed during
ground -disturbing activities associated with the Proposed Project, the
contractor shall cease all earth -disturbing activities within 50 feet of
the discovery and shall retain a qualified paleontologist. Construction
MM -PAL -1
Prior to the issuance
activities may continue in other areas. The paleontologist shall
Planning and Building
of a grading permit
evaluate the resource and determine if the discovery is significant. If
Department
the discovery proves to be significant, additional work such as data
recovery excavation or resource recovery may be warranted and shall
be discussed in consultation with the appropriate regulatory agency.
XVII. TRIBAL. CULTURAL RESOURCES x
In the event that potential tribal cultural resources are unearthed during
ground -disturbing activities associated with the Proposed Project, the
contractor shall cease all earth -disturbing activities within 50 feet of
the discovery and shall notify the appropriate tribal group to assign a
Prior to the issuance
tribal monitor to inspect and evaluate the potential tribal cultural
Planning and Building
MM -TRI -1
of a building permit
resource. Construction activities may continue in other areas. The
Department
tribal monitor shall evaluate the resource and determine if the
discovery is significant. If the discovery proves to be significant,
additional work, such as data recovery excavation or resource recovery
may be warranted and shall be discussed in consultation with the
appropriate tribal groups.
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