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RES-2020-055 • RESOLUTION NO.2020-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR PROPOSED GENERAL PLAN AMENDMENT NO. 2019-00527, RECLASSIFICATION NO. 2019-00320, CONDITIONAL USE PERMIT NO. 2019-06009, AND TENTATIVE TRACT MAP NO. 19017 (DEV2019-00037) (1619, 1631, AND 1699 W. LINCOLN AVENUE AND AN ADJACENT CITY-OWNED PARCEL WITH NO ADDRESS ASSIGNED) WHEREAS, the City Council of the City of Anaheim (the "Planning Commission") did receive a verified petition for General Plan Amendment No. 2019-00527, Reclassification No. 2019-00320, Conditional Use Permit No. 2019-06009, and Tentative Tract Map No. 19017 to demolish the existing buildings and construct 115 new single-family attached residences with modified development standards(the"Proposed Project"), for that certain real properties generally located at the northeast corner of Lincoln Avenue and Euclid Street and commonly referred to as 1619, 1631, and 1699 West Lincoln 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"); and WHEREAS,the Property is approximately 7.17 acres in size. Two parcels within northern part of the project site are located in the "T" Transition zone. The eastern parcel along Lincoln Avenue is located in "C-G" General Commercial zone and the western parcel along Lincoln Avenue is located in"I"Industrial zone.The entire site is designated for General Commercial land uses by the General Plan. The development standards and regulations of Chapter 18.06(Multiple- Family Residential Zones) of the Anaheim Municipal Code (the "Code") apply to the Proposed Project; and WHEREAS, the Proposed Project is to construct 115 single-family attached residences with modified development standards subject to approval of Conditional Use Permit No. 2019- 06009 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.2019-00527 is to amend the General Plan Land Use designation from General Commercial to Mid Density Residential; and WHEREAS,Reclassification No. 2019-00320 is to reclassify the property from the"C-G" General Commercial, "T"Transitional, and"I"Industrial Zones to the"RM-3.5"Multiple-family Residential Zone; and WHEREAS, Tentative Tract Map No. 19017 proposes a 1-lot subdivision for 115 condominiums; and -1- 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, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration was prepared to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 30-day public/responsible agency review on February 20,2020,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, 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. 365"). A complete copy of MMP No. 365 is attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration to.(a) the public pursuant to 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, 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 April 13, 2020, 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 Chapter 18.60 of the Code,to hear 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, by its motion, pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, the Planning Commission found and determined that the Proposed Project will have a less than significant impact upon the environment with the -2- implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 365, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 365; WHEREAS, upon receipt of the Planning Commission's recommendation, the City Council did fix the 9th day of June, 2020, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and the Mitigated Negative Declaration and for the purpose of considering evidence for and against the Proposed Project and the Mitigated Negative Declaration, and did give notice thereof in the manner and as provided by law; and WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMP No. 365 and the comments received to date and the responses prepared,the City Council 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. 365, 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. 365 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council; and WHEREAS, this City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution,that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff 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 City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that this City Council, pursuant to the above findings and based upon a thorough review of the Mitigated Negative Declaration and the evidence received to date,does hereby adopt the Mitigated Negative Declaration(including the Initial Study and any comments received during the public review period) based on the findings and determinations as follows: 1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA,the CEQA Guidelines, and the City's Local CEQA Procedure Manual and, -3- together with MMP No. 365, 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. 365 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council; 3. That the City Council hereby approves and adopts Mitigated Negative Declaration and MMP No. 365; and 4. That the City Council authorizes and directs 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 by the City Council of the City of Anaheim this 9 thday of June , 2020,by the following roll call vote: AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring, and O'Neil NOES: Council Member Moreno ABSENT: None ABSTAIN: None CITY OF ANAHEIM A IAA I , l al ,P `; V O C 1 Y OFANAHEIM ATTEST: CITY CLERK • THE CITY OF ANAHEIM 137937 -4- EXHIBIT "A" DEV NO. 2019-00037 APN: 072-110-50 072-110-21N ............--..... ......----------s-----:' . 072-110-19 ct c J u - w . Z NM�I 2& o "° '354/ w W LINCOLN AVE . 1 , . 0 w • gn O 50 100 ® Source:Recorded Tract Maps and/or City GIS. F•• Please note,the accuracy is+1-two to five feet. -5- "EXHIBIT B" MITIGATION MONITORING AND REPORTING PROGRAM#365 • FOR LINCOLN AT EUCLID - CEQA Action: Mitigated Negative Declaration (State Clearinghouse#2020029069) 1. Project Description— • Adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program. • Approval of a.General Plan Amendment from the General Commercial land use designation to the Residential Mid Density land use designation. • Approval of a Zoning Reclassification from the Transition (I),Industrial (I) and General Commercial (C-G) Zones to the Multiple-Family Residential (RM- 3.5) Zone; • Approval of a Tentative Tract Map to allow 115 airspace attached residential condominiums;and • Approval of a Conditional Use Permit to allow 115-unit single-family attached residential planned unit development in the RM 3.5 Zone with modified development standards. • Approval of a Disposition and Development Agreement to Approval of a Disposition and Development Agreement to convey approximately 1.33 acres to the Project Applicant to construct,operate, and maintain a residential development project. 2. Property Owner/Developer—Shopoff Realty Investment 3. 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 and Building 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 costsassociated with information required in order to make a determination of environmental equivalency/timing shall be borne 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. 4. Timing—This is the point where a mitigation measure must be monitoredfor 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 Program will occur because 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. -6- 5. 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. 6. Ongoing Mitigation Measures—The mitigation measures that are designated to occur on an ongoing basis as part of this mitigation monitoring program will be monitored in the form of an annual letter from the property owner/developer in January of each year stating how compliance with the subject measures(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 completed. 7. Building Permit—For purposes of this mitigation monitoring program,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. -7- MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) Timing Mitigation Measure Responsible for Monitoring Completion AIR QUALITY Prior to any permit issuance AQ-1 Prior to any permit issuance,the Project Applicant shall provide a note on plans indicating that the Public Works Department;Planning construction contractor(s) shall not overlap site preparation activities with demolition and grading and Building Department activities,and shall monitor the construction activities to ensure that the site preparation activities do not overlap with demolition and grading activities. CULTURAL AND PALEOTOLOGICAL',RESOURCES.. `, , Prior to issuance of grading or CUL-1 Prior to issuance of grading or building permits,the Project Applicant shall provide a note on plans Planning and Building Department, building permits indicating that in the event that Project Applicant discovers any evidence of cultural resources during Planning Services Division ground-disturbing activities, all work within the vicinity of the find shall stop until a qualified archaeological consultant can assess the find and make recommendations.Project Applicant shall not attempt excavation of potential cultural resources. If any evidence of cultural resources are discovered during ground-disturbing activities, the qualified archaeologist shall ensure that the Proposed Project complies with the following measures. • Prior to any ground disturbance,the qualified archaeologist,or their designee,shall provide a worker environmental awareness protection(WEAP)training to construction personnel regarding regulatory requirements for the protection of cultural(prehistoric and historic) resources.As part of this training,construction personnel shall receive proper procedures to follow if unanticipated cultural resources are discovered during construction.Workers will have contact information and protocols to follow in the event of any inadvertent discoveries. The WEAP training can be in the form of a video or PowerPoint presentation.Printed literature(handouts)can accompany the training and given to new workers and contractors to avoid continuous training over the course of the construction. • In the event that Project Applicant encounters unanticipated cultural material during any phase of project construction,all construction work within 50 feet(15 meters)of the find shall cease and the qualified archaeologist shall assess the find for importance.Construction activities may continue in other areas.If,in consultation with the City,the discovery is determined not to be important,work will be permitted to continue in the area. • If the qualified archaeologist determines a resource to constitute a"historical resource" pursuant to CEQA Guidelines Section 15064.5(a)or has a"unique archaeological resource" pursuant to Public Resources Code Section 21083.2(g),the qualified archaeologist shall coordinate with the Project Applicant and the City to develop a formal treatment plan.The plan should serve to reduce impacts to the resources,and allow construction to proceed.The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f)for historical resources and Public Resources Code Section 21083.2(b)for unique archaeological resources.Preservation in place(i.e.,avoidance)is the preferred manner of treatment. • If preservation in place is not feasible,treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. • The Project Applicant shall provide any historic archaeological material that is not Native American in origin for curation at a public,nonprofit institution with a research interest in the materials,such as the South Central Coastal Information Center at California State University,Fullerton.If no institution accepts the archaeological material,the Project -8- MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) Timing Mitigation Measure Responsible for Monitoring Completion Applicant shall donate the archaeological material to a local school or historical society in the area for educational purposes,as determined to be appropriate by the City of Anaheim. GEOLOGY AND SOILS`AND PALEONTOLOGICAL' Prior to the issuance of grading GEO-1 The Project Applicant shall implement all recommendations in the approved Geotechnical Public Works Department or building permits Investigation report for the Proposed Project during site preparation,grading,and construction,and compliance with the approved Geotechnical Investigation shall be verified in the field by a qualified representative.The Project Applicant shall demonstrate to the City of Anaheim's Planning&Building Department and/or Public Works Department staff that all or equivalent recommendations in the Preliminary Geotechnical Investigation and Infiltration Testing for the Lincoln at Euclid Multifamily Development,City of Anaheim,California,prepared by LGC Valley,Inc.April 4,2019,or any updates to that report have been incorporated into the Proposed Project's design and grading plans. HAZARDS AND HAZARDOUS MATERIALS Prior to the issuance of grading HAZ-1 Prior to the issuance of grading or building permits, the Project Applicant shall prepare and Planning and Building Department; or building permits implement a Removal Action Workplan(RAW)for review and approval by the Department of Toxic Planning Services Division Substances and Control(DTSC). DTSC will review and provide comments to the RAW and once these are satisfactorily addressed,the RAW will be considered DRAFT Final.The DRAFT Final RAW will be circulated for a 30-day public review and comments period.After the public comment period ends and any public questions and concerns are addressed,the RAW will be considered Final.The RAW shall include the following: • A Soil Management Plan(SMP)to provide guidance concerning the proper monitoring, handling,segregation,stockpiling,dust control,testing,transport and disposal of potentially impacted soils,which may be encountered during development activities. • Passive vapor intrusion mitigation systems(VIMS)below the building foundations,including a vapor barrier beneath the building slabs and perforated piping and vent risers to allow ventilation of soil vapor from beneath the buildings to the atmosphere. • Recording of a land use covenant(LUC)as an institutional control to require that any changes in conditions(i.e.,modifications of building slabs,new construction,etc.)be communicated to the Department of Toxic Substances and Control(DTSC),and that mitigation measures and subsurface conditions be communicated to future buyers and occupants. • An Operation and Maintenance(O&M)Plan and O&M Agreement to facilitate inspection and maintenance of the mitigation systems and regular sampling of shallow monitoring soil vapor probes until such time as soil vapor PCE concentrations can be shown to be below DTSC threshold criteria. The approved Final RAW shall be implemented by the Project Applicant once City permits and entitlements are secured.The VIMS design drawings will be included into the building plan check package,which will be submitted to the City of Anaheim for review and approval prior to construction. At any point after the Final RAW is approved,the Project Applicant shall engage DTSC to negotiate the LUC and thereafter record it with the County of Orange.Additionally, an O&M Plan shall be prepared to define the number of soil vapor sampling probes at the Project Site,the frequency of sampling,the constituents of concern to be analyzed,and the frequency of reporting.The O&M Plan may also include an action level below which O&M sampling may be discontinued with DISC -9- MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) Timing Mitigation Measure Responsible for Monitoring Completion approval.The O&M Agreement shall be negotiated between the Project Applicant and DISC and • shall be a legally binding document to implement the O&M Plan until such time that DTSC allows for its discontinuation. During grading and earthmoving activities,any potentially impacted soils handled per the protocols and procedures of the SMP shall be reported and discussed with DTSC. Once construction of structures begins, the engineer of record for the VIMS design (or someone working under their responsible charge)shall be on-Site for inspections during VIMS construction.After construction is completed,stamped as-builts shall be prepared and submitted to DTSC,as part of a Removal Action Completion Report(RACR).The RACR may be specific to an individual building,set of buildings,or the entire site, depending on the Project Applicant's preference, and will certify that mitigation beneath the subject building(s)has(have)been implemented as per the requirements of the RAW. DISC review and approval of the RACR is required,certifying that the building,set of buildings,or the Project Site have met the conditions of the RAW.This certification from DISC shall be required prior to issuance of the Certificates of Occupancy by the City of Anaheim, '' TRANSPORTATION . Prior to any construction work IRAN-1 Prior to any construction work, the Project Applicant shall prepare a site-specific construction Public Works Department,Traffic worksite staging and traffic control plan and submit it to the Traffic Engineering Division of the City Engineering Division;Planning and of Anaheim Public Works Department for review and approval.This plan shall include such elements Building Department,Planning as the location of any potential partial lane closures,hours during which lane closures(if any)would Services Division not be allowed; local traffic detours (if any); and protective devices and traffic controls, such as barricades, cones, flag persons, lights, warning beacons, temporary traffic signals, and warning signs. It shall indicate that lane closures are permitted on Lincoln Avenue during construction between 8:30 AM and 3:30 PM,Mondays through Fridays.The Proposed Project will be required to comply with the City-approved plan measures. TRIBAL CULTURAL'RESOURCES : , Prior to the commencement of TCR-1 Prior to the commencement of any grading and/or construction activity,the Project Applicant shall Planning and Building Department, any grading and/or retain a Native American Monitor/Consultant and a copy of the executed contract shall be submitted Planning Services Division construction activity to the City of Anaheim Planning and Building Department.The Project Applicant shall be required to retain and compensate for the services of a Tribal monitor/consultant who is both approved by the Gabrieleno Band of Mission lndians-Kizh Nation Tribal Government and is listed under the NAHC's Tribal Contact list for the Project Site.The Tribal monitor/consultant will only be present on-site during the construction phases that involve ground-disturbing activities. Ground disturbing activities are defined by the Gabrieleno Band of Mission Indians-Kizh Nation as activities that may include, but are not limited to,pavement removal,potholing or auguring,grubbing,tree removals,boring,grading, excavation, drilling, and trenching, within the project area. The Tribal Monitor/consultant will complete daily monitoring logs that will provide descriptions of the day's activities, including construction activities, locations, soil, and any cultural materials identified.The on-site monitoring shall end when the Project Site grading and excavation activities are completed,or when the Tribal Representatives and monitor/consultant have indicated that the Project Site has a low potential for impacting Tribal Cultural Resources. - Upon discovery of any archaeological resources,construction activities shall cease in the immediate vicinity of the find until the find can be assessed.All archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and Tribal monitor/consultant approved by the Gabrielefio Band of Mission Indians-Kizh Nation. If the resources are Native -10- MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) Timing Mitigation Measure Responsible for Monitoring Completion American in origin,the Gabrieleno Band of Mission Indians-Kizh Nation shall coordinate with the Project Applicant regarding treatment and curation of these resources. Typically, the Tribe will request reburial or preservation for educational purposes.Work may continue on other parts of the Project Site while evaluation and, if necessary, mitigation takes place(CEQA Guidelines Section 15064.5[f]). If a resource is determined by the qualified archaeologist to constitute a "historical resource" or"unique archaeological resource," time allotment and funding sufficient to allow for implementation of avoidance measures,or appropriate mitigation,must be available.The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and PRC Sections 21083.2(b) for unique archaeological resources. Preservation in place(i.e.,avoidance)is the preferred manner of treatment.If preservation in place is not feasible,treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public,non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material,it shall be offered to a local school or historical society in the area for educational purposes. -11- CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2020-055 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9th day of June, 2020 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring..and O'Neil NOES: Council Member Moreno ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of June, 2020. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)