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Resolution-PC 2017-079RESOLUTION NO. PC2017-079 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AND RECOMMENDING THAT THE CITY COUNCIL APPROVE AND ADOPT A MITIGATED NEGATIVE DECLARATION FOR PROPOSED GENERAL PLAN AMENDMENT NO. 2016-00509, RECLASSIFICATION NO. 2016-00293, CONDITIONAL USE PERMIT NO. 2017-05933, AND TENTATIVE TRACT MAP NO. 18045 (DEV2016-00042) (312-400 SOUTH EUCLID STREET AND 1678 WEST BROADWAY) WHEREAS, the City of Anaheim (the "City") received a verified petition from KB Home, Inc., a California Corporation (the "Developer"), requesting that the City consider and approve General Plan Amendment No. 2016-00509, Reclassification No. 2016-00293, Conditional Use Permit No. 2017-05933, and Tentative Tract Map No. 18045 for certain real property located at 312-400 South Euclid Street and 1678 West Broadway 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 39 single-family, attached and detached condominium units (the "Proposed Project"); and WHEREAS, the Property is approximately 2.35 acres in size and is currently located in the "C -G" General Commercial Zone and is designated on the Land Use Element of the General Plan for "General Commercial" and "Residential Corridor " land uses; and WHEREAS, General Plan Amendment No. 2016-00509 proposes to amend "Figure LU -4: Land Use Plan" of the Land Use Element of the General Plan to redesignate the Property from the "General Commercial" and "Residential Corridor " to the "Residential Low -Medium" land use designation; and WHEREAS, Reclassification No. 2016-00293 proposes to rezone or reclassify the Property from the "C -G" General Commercial Zone to the "RM -3" Multiple Family Residential Zone, which will define the allowable land uses and development standards for the Property in accordance with Chapter 18.06 (Multiple -Family Residential Zone) of Title 18 (Zoning) of the Code; and WHEREAS, Conditional Use Permit No. 2017-05933 proposes to allow a 39 -unit detached and attached single-family residential development with modified development standards within the "RM -3" Multiple -Family Residential Zone, 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 WHEREAS, Tentative Tract Map No. 18045 proposes to create a 1 -lot, 39 unit condominium subdivision; and WHEREAS, General Plan Amendment 2016-00509, Reclassification No. 2016-00293, Conditional Use Permit No. 2017-05933, and Tentative Tract Map No. 18045 shall be referred to herein collectively as the "Proposed Project"; and -1- PC2017-079 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 October 5, 2017 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 were 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. 348"). A complete copy of MMP No. 348 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 November 13, 2017, 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. 348 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: -2- PC2017-079 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. 348, 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. 348 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. 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. 348, 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. 348 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. 348; and -3- PC2017-079 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 November 13, 2017. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 November 13, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CARBAJAL, KEYS IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of November, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2017-079 EXHIBIT "A" DEV NO. 2016-00042 APN: 250-051-02,031 W B ROAD WAY 151 ' H tA 1 146 J d' L" a W r WTEDMAR AVE �a 10 Q J "h Ill e®� Source: Recorded Tract Maps andlor City GIS. r, Please note the accuracy is +1• bmo to five feet. -5- PC2017-079 EXHIBIT B MITIGATION MONITORING AND REPORTING PROGRAM NO. 348 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Euclid and Broadway Residential Project (Development Project No. 2016-00042) Prepared, for: City of Anaheim Planning and Building Department, Planning Services Division 200 South Anaheim Boulevard Anaheim, California 92805 Contact: Christine Saunders, Associate Planner Prepared by: DUDEK 27372 Calle Arroyo San Juan Capistrano, California 92675 Contact: Collin Ramsey, Project Manager NOVEMBER 2017 -6- PC2017-079 Euclid and Broadway Residential (Development Project No. 2016-00042) Mitigation Monitoring and Reporting Program No. 348 TABLE OF CONTENTS Section Page No. 1 INTRODUCTION..............................................................................................................1 2 MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST .....2 TABLE Mitigation Monitoring and Reporting Program Checklist .................................................. 2 0 D U D E K November 2017 2 01177 i Euclid and Broadway Residential (Development Project No. 2016-00042) Mitigation Monitoring and Reporting Program No. 348 1 INTRODUCTION The California Environmental Quality Act (CEQA) requires that a public agency adopting a Mitigated Negative Declaration (MND) take affirmative steps to determine that approved mitigation measures are implemented after project approval. The lead or responsible agency must adopt a reporting and monitoring program for the mitigation measures incorporated into a project or included as conditions of approval. The program must be designed to ensure compliance with the MND during project implementation (California Public Resources Code, Section 21081.6(a)(1)). This Mitigation Monitoring and Reporting Program (MMRP) will be used by the City of Anaheim to ensure compliance with adopted mitigation measures identified in the MND for the proposed Euclid and Broadway Residential Project (Proposed Project) when construction begins. The City of Anaheim, as the lead agency, will be responsible for ensuring that all mitigation measures are carried out. Implementation of the mitigation measures would reduce impacts to below a level of significance for aesthetics, biological resources, hazards and hazardous materials, noise, and tribal cultural resources. The remainder of this MMRP consists of a table that identifies the mitigation measures by resource for each project component. Table 1 identifies the mitigation monitoring and reporting requirements, including the entity(s) responsible for verifying implementation of the mitigation measure, timing of verification (prior to, during, or after construction), and responsible party. Space is provided for sign -off following completion/implementation of the mitigation measure. Along with the MND and related documents, this MMRP will be kept on file at the following location: City of Anaheim Planning and Building Department, Planning Services Division 200 South Anaheim Boulevard Anaheim, California 92805 002 D U D E K 1 November 92892 2017 Euclid and Broadway Residential (Development Project No. 2016-00042) Mitigation Monitoring and Reporting Program No. 348 2 MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST Table 1 Mitigation Monitoring and Reporting Program Checklist 0 D U D E K 2 Novembermber2017 01177 Timing of Verification Completed Pre During Post Mitigation Method of Responsible Measure No. Mitigation Measure/Project Design Feature Verification Const. Const. Cost. Party Initials Date Comments Aesthetics MM -AES -1 Prior to the approval of building permits, the property owner/developer Submittal/ X City of shall include a note on the electrical plans for the Proposed Project review of Anaheim stating, "All exterior lighting shall be required to be shielded with electrical plans Planning and hoods, filtering louvers, glare reducers, or other means to maintain Building adequate lighting throughout the area without undue nighttime glare Department impacts on adjoining residential areas." All lighting installed on the Project Site shall comply with this requirement. Biological Resources MM-BI0-1 Prior to the issuance of a demolition, grading, and/or building permit Submittal/ X City of for activities during the avian nesting season (generally February review of Anaheim through August), the property owner/developer shall submit a survey nesting bird Planning and for active nests to the City of Anaheim Planning and Building survey Building Department conducted by a qualified biologist a maximum of 1 week Department prior to the activities to determine the presence/absence, location, and status of any active nests on or adjacent to the Project Site. If no active nests are discovered or identified, no further mitigation is required. In the event that active nests are discovered on site, a suitable buffer determined by the biologist (e.g., 30 to 50 feet for passerines) shall be established around any active nest. No ground - disturbing activities shall occur within this buffer until the biologist has confirmed that breeding/nesting is completed and the young have fledged the nest. Limits of construction to avoid a nest shall be established in the field by the biologist with flagging and stakes or construction fencing. Construction personnel shall be instructed regarding the ecological sensitivity of the fenced area. The results of 0 D U D E K 2 Novembermber2017 01177 Euclid and Broadway Residential (Development Project No. 2016-00042) Mitigation Monitoring and Reporting Program No. 348 Table 1 Mitigation Monitoring and Reporting Program Checklist 9289.0002 D U D E K 3 November 2017 Timing of Verification Completed Pre During Post Mitigation Method of Responsible Measure No. Mitigation Measure/Project Design Feature Verification Const, Const. Cost. Party Initials Date Comments the survey shall be documented and filed with the City of Anaheim within 5 days after the survey. Hazards and Hazardous Materials MM-HAZ-1 Prior to the issuance of a demolition, grading, and/or building permit, Submittal/ X X City of the property owner/developer shall include the following instructions to review of Anaheim its construction contractor on all plans pertaining to subsurface construction Planning and construction activities for the Proposed Project: 'The construction plans Building contractor shall regularly inspect the exposed soil for visual evidence Department of any contamination or volatilization of contaminants (odors). If visual or odor contamination indicators are identified during construction City of activities, all work shall stop in the vicinity of the potential Anaheim Fire contamination, and an investigation shall be designed and performed and Rescue by a qualified environmental consultant to verify the presence and Department, extent of contamination on the Project Site. Results of the Materials investigation shall be reviewed and approved by the City of Anaheim Section Fire and Rescue Department, Hazardous Materials Section, or its representative prior to resuming construction activities in the vicinity of the contamination." The investigation shall include collecting samples for laboratory analysis and quantification of contaminant levels within the disturbance areas. Subsurface investigation shall determine appropriate worker protection and hazardous material and disposal procedures appropriate for the Project Site. Contaminated soil or groundwater determined to be hazardous shall be removed by personnel who have been trained through the Occupational Safety and Health Administration—recommended 40 -hour safety program with an approved plan for groundwater extractions, soil excavation, control of contaminant releases to the air, and off-site transport or on-site treatment. 9289.0002 D U D E K 3 November 2017 Euclid and Broadway Residential (Development Project No. 2016-00042) Mitigation Monitoring and Reporting Program No. 348 Table 1 Mitigation Monitoring and Reporting Program Checklist 9289.0002 D U D L I 4 November 2017 Timing of Verification Completed Pre During Post Mitigation Method of Responsible Measure No. Mitigation Measure/Project Design Feature Verification Const. Const. Cost. Party Initials Date Comments Noise MM -N01-1 Prior to issuance of a building permit, the property owner/developer shall Submittal/ X City of submit a final acoustical report prepared to the satisfaction of the City of review of Anaheim Anaheim Planning and Building Department, Planning Services Division. acoustical Planning and The report shall demonstrate that the proposed residential design will report Building result in compliance with the 45 A -weighted decibel community noise Department equivalent level (dBA CNEL) interior noise levels as required by the California Building Code and California Noise Insulation Standards (Title 24 and 25 of the California Code of Regulations). MM -N01-2 Prior to issuance of a grading permit, the property owner/developer Submittal/ X City of shall adhere to the following measures as condition for approval of the review of Anaheim grading permit, as required by the City of Anaheim (City): grading/ Planning and • The construction contractor shall, to the extent feasible, construction Building schedule construction activities to avoid the simultaneous plans Department operation of construction equipment to minimize noise levels resulting from operating several pieces of high -noise -level - emitting equipment. • All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers. Enforcement shall be accomplished by field inspections by City staff (or their representatives) during construction activities. • Construction noise reduction methods such as powering down idling equipment, construction of a temporary noise barrier, maximization of the distance between construction equipment staging areas and adjacent residences, and use of electric air compressors and similar power tools rather than diesel equipment shall be employed wherever feasible. 9289.0002 D U D L I 4 November 2017 Euclid and Broadway Residential (Development Project No. 2016-00042) Mitigation Monitoring and Reporting Program No. 348 Table 1 Mitigation Monitoring and Reporting Program Checklist 002 D U D E K 5 November 9289 2017 Timing of Verification Completed Pre During Post Mitigation Method of Responsible Measure No. Mitigation Measure/Project Design Feature Verification Const. Const, Cost. Party Initials Date Comments • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from or shielded from sensitive receptors. • Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow surrounding property owners to contact the job superintendent, if necessary. In the event the City receives a complaint, appropriate corrective actions shall be implemented and a report of the action provided to the reporting party. These measures shall be printed on all applicable grading and construction plans. The property owner/developer's construction contractor shall acknowledge to the City's Planning and Building Department in writing their receipt and understanding of these requirements. Tribal Cultural Resources MM -CUL -1 During subsurface ground -disturbing construction activities, the Submittal/ X City of property owner/developer shall retain a qualified Native American review of brief Anaheim tribal representative of the Gabrieleno Band of Mission Indians — Kizh letter report of Planning and Nation (Gabrieleno). If tribal cultural resources are encountered during excavations Building ground -disturbing activities, work in the immediate area must halt. and findings Department Depending on the nature of the find, if the discovery proves to be potentially significant under CEQA, as determined by the tribal representative, additional measures such as data recovery excavation, avoidance of the area of the find, documentation, testing, data recovery, reburial, archival review and/or transfer to the appropriate museum or educational institution, or other appropriate actions may be warranted. The tribal representative shall complete a brief letter report of excavations and findings, and submit the report to the City of 002 D U D E K 5 November 9289 2017 Euclid and Broadway Residential (Development Project No. 2016-00042) Mitigation Monitoring and Reporting Program No. 348 Table 1 Mitigation Monitoring and Reporting Program Checklist Mitigation Method of Timing of Verification Responsible Completed Pre During Post Measure No. Mitigation Measure/Project Design Feature Verification Const. Const. Cost. Party Initials Date Comments Anaheim (City). After the find is appropriately mitigated, work in the area may resume. At the discretion of the tribal representative, monitoring activities may be allowed to cease if sufficient evidence is produced that soils underlying the Project Site are not native, undisturbed soils. In this event, the tribal representative shall document all pertinent evidence that justifies the ceasing of monitoring activities and provide it within a brief letter report for the City's review. Should the City concur with these findings, monitoring shall be permitted to cease within all areas on the Project Site shown to contain only disturbed, non-native fill soils. 0 D U D E K 6 Novembermber2017 01177