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Resolution-PC 2019-007RESOLUTION NO. PC2019-007 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. 2018-00524, RECLASSIFICATION NO. 2018-00317, CONDITIONAL USE PERMIT NO. 2017-05980, AND TENTATIVE TRACT MAP NO. 18182 (DEV2017-00124) (APN 035-205-01) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for General Plan Amendment No. 2018- 00524, Reclassification No. 2018-00317, Conditional Use Permit No. 2017-05980, and Tentative Tract Map No. 18182 to demolish an existing RV storage lot and construct 39 new single-family attached residences with modified development standards (the "Proposed Project"), for that certain real property generally located at the easterly terminus of North Street and Wilhelmina Street, approximately 150 feet east of the centerline of Pauline Street and commonly referred to as APN 035-205-01 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, the Property is approximately 1.57 acres in size and is currently developed with an RV storage lot. The Land Use Element of the Anaheim General Plan designates the Property for Low Density Residential land uses. The Property is located in the "I" Industrial Zone. The development standards and regulations of Chapter 18.06 (Multiple -Family Residential Zones) of the Anaheim Municipal Code (the "Code") shall apply to the Proposed Project; and WHEREAS, the Proposed Project is to construct 39 single-family attached residences with modified development standards subject to approval of Conditional Use Permit No. 2017-05980 by the Planning Commission pursuant to Sections 18.06.030 (Uses), of Chapter 18.06 (Multiple -Family Residential Zones) of the Code; and WHEREAS, General Plan Amendment No. 2018-00524 is to amend the General Plan Land Use designation from Low Density Residential to Mid Density Residential; and WHEREAS, Reclassification No. 2018-00317 is to reclassify the property from the "I" Industrial Zone to the "RM -3.5" Multiple -family Residential Zone; and WHEREAS, Tentative Tract Map No. 18182 proposes a 1 -lot subdivision for 39 condominiums; 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 -1- PC2019-007 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 January 10, 2019, 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 South Anaheim Boulevard., Anaheim, California; at the Anaheim Public Library, Central Library at 500 West Broadway, Anaheim, California; and, the Ponderosa Joint Use Library at 240 East Orangewood Avenue, 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. 361 "). A complete copy of MMP No. 361 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 February 4, 2019, 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. 361 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- PC2019-007 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. 361, 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 impacts upon the environment with the implementation of the mitigation measures contained in MMP No. 361 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission; and 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 adopt 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. 361, 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. 361 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission; 3. That the Planning Commission approve and adopt Mitigated Negative Declaration and MMP No. 361; and 4. That the Planning Commission 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. -3- PC2019-007 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 4, 2019. 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. CHAIRPE4SON, PLANNING 1✓OMASSION 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 February 4, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS, LIEBERMAN NOES: COMMISSIONERS: WHITE ABSENT: COMMISSIONERS: NONE 2019. IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of February, SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2019-007 EXHIBIT "A" DEV NO. 2017-00124 0 vo Source: Recorded Tract Maps and/or City GIS. FEE, Please note the accuracy is +t- two to five feet. -5- PC2019-007 EXHIBIT "B" Downtown Anaheim 39 Residential Project Development Project No. 2017-00124 Mitigation Monitoring and Reporting Plan No. 361 Project Name: Downtown Anaheim 39 Residential Project Case Numbers: Development Project No. 2017-00124 General Plan Amendment (GPA 2018-00524) Reclassification (RCL 2018-00317) Conditional Use Permit (CUP 2018-05980) Tentative Tract Map (TTM 18182) Project Location: The 1.57 -acre project site is located south of North Street and north of Wilhelmina Street, approximately 1,200 feet to the west of East Street; 480 feet to the south of La Palma Avenue. APN: 035-205-01. Project Description:The Applicant proposes to demolish an existing outdoor surface parking lot/storage yard and construct 39 attached, single-family residential units. The Proposed Project utilizes the RM -3.5 standards at a density of 24.84 units/acre, and features three-story homes with entry courtyards, a private drives, fencing, sidewalks and landscaping separating the existing single-family residential to the west. The Applicant is proposing the following setback modifications: three feet from the east property line to the buildings where 15 feet would be required; three feet of landscape setback from the east property line where five feet would be required; 24 feet between buildings where 40 feet would be required; 41 feet from the Single Family Residential Zone to the west where 55 feet would be required; inclusion of the three-foot parkway and four -foot sidewalk within the required 10 -foot landscape setback from the alley; and a seven -foot reduction of the required 10 -foot landscape setback for parking spaces and Recreational -Leisure common space area. In addition, the existing alley would be widened to 20 feet per City standards and the existing sewer line in the alley would be replaced. The two and four-bedroom homes would range in size from 1,215 to 1,779 SF. All homes would have a two -car garage and there would be 28 open parking spaces, for a total of 106 spaces (2.7 parking spaces/unit, exceeding the parking requirement by 2 spaces). Page 1 of 7 Downtown Anaheim 39 Residential Project Development Project No. 2017-00124 Mitigation Monitoring and Reporting Plan No. 361 Terms and Definitions: of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the 1. Property Owner/Developer — Owner or developer of building permit to ensure compliance. Downtown Anaheim 39 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 determine 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. 3. Timing — This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring and Reporting 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 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 and Reporting 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 and Reporting 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 and Reporting 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. Page 2 of 7 Downtown Anaheim 39 Residential Project Development Project No. 2017-00124 Mitigation Monitoring and Reporting Plan No. 361 MITIGATION RESPONSIBLE•. NUMBER TIMING MEASURE MONITORING COMPLETION V. CULTURAL RESOURCES The Property Owner/Developer shall include a note on the plans that in the event of the inadvertent discovery of cultural resources (including historical, archaeological, and tribal cultural resources) during ground -disturbing activities, work within 100 feet would be halted until the discovery can be evaluated by a qualified archaeologist, the Native American tribal representative(s) from Prior to the consulting tribes (or other appropriate ethnic/cultural Planning and MM -CUL -1 issuance of a group representative), and the Community Development Building grading permit Director or their designee, to analyze the significance of Department the find. Construction activities may continue in other areas. If the archaeologist and/or Native American tribal representative(s) determine that the find is significant, additional work, such as data recovery excavation or resource recovery, may be warranted and would be discussed in consultation with the appropriate regulatory agency and/or tribal group. Page 3 of 7 Downtown Anaheim 39 Residential Project Development Project No. 2017-00124 Mitigation Monitoring and Reporting Plan No. 361 MITIGATIONRESPONSIBLE FOR NUMBER TIMING MEASURE MONITORING COMPLETION IX. NOISE The Property Owner/Developer shall include on the building plans the construction of a minimum 12 -foot high sound wall, as measured from the Project Site side of the wall, to enclose the recreational open space at the north Prior to the end of the Project Site, as shown on Figure 7, Conceptual Planning and MM-NOI-1 issuance of a Wall and Fence Plan. The wall would begin at the Building building permit northeast corner of the three-plex building and continue Department north along the east property line, then west along the northerly property line for 57 linear feet. The sound wall shall be constructed with concrete masonry units (cmu) that are free of any cutouts or openings. The Property Owner/Developer shall include on the building plans the requirement that acoustic performance Prior to the Planning and dual pane windows with a minimum Sound Transmission MM-NOI-2 issuance of a Building Class (STC) rating of 37 STC be installed on all bedroom building permit Department windows located on the north, east, and south sides of the residential units. Page 4 of 7 Downtown Anaheim 39 Residential Project Development Project No. 2017-00124 Mitigation Monitoring and Reporting Plan No. 361 MITIGATION.• FOR NUMBER TIMING MEASURE MONITORING COMPLETION XIII. PALEONTOLOGICAL RESOURCES The Property Owner/Developer shall submit to the City of Anaheim Public Works Department evidence that a qualified paleontologist has been retained for monitoring of ground -disturbing activities occurring at a depth of four feet or greater below ground surface. If 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 construction activities may Prior to the continue in other areas. The paleontologist shall collect Public Works MM -PAL -1 issuance of a and process sediment samples to determine the small Department grading g g permit fossil potential on the Project Site. The paleontologist 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 regulatory agency. Any fossils recovered during mitigation should be deposited in an accredited and permanent scientific institution for the benefit of current and future generations. Page 5 of 7 Downtown Anaheim 39 Residential Project Development Project No. 2017-00124 Mitigation Monitoring and Reporting Plan No. 361 MITIGATION RESPONSIBLEFOR NUMBER TIMING MEASURE MONITORING COMPLETION XVII. TRIBAL CULTURAL RESOURCES The Property Owner/Developer shall submit to the City a Native American tribal monitoring agreement with the Gabrieleno Band of Mission Indians — Kizh Nation for tribal cultural resource monitoring to take place during subsurface ground -disturbing construction activities. If tribal cultural resources are encountered during ground disturbing activities, work in the immediate area must halt. Depending on the nature of the find, if the discovery proves to be potentially significant under CEQA, as determined by the tribal representative, additional Prior to the Planning and measures such as data recovery excavation, avoidance of MM -TCR -1 issuance of a Building the area of the find, documentation, testing, data grading permit Department 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. 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 enough evidence is produced that soils underlying the Project Site are not Page 6 of 7 Downtown Anaheim 39 Residential Project Development Project No. 2017-00124 Mitigation Monitoring and Reporting Plan No. 361 Page 7 of 7