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Resolution-PC 2020-024RESOLUTION NO. PC2020-024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING MITIGATED NEGATIVE DECLARATION FOR PROPOSED CONDITIONAL USE PERMIT NO. 3516A (DEV2018-00059) (1705 SOUTH STATE COLLEGE BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") received a verified petition from Extra Space Properties (the "Developer"), requesting that the City consider and approve Conditional Use Permit No. 3516A for certain real property commonly known as 1705 South State College Boulevard 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 an amendment to a conditional use permit to demolish three buildings and construct five new buildings for an existing self -storage facility, and to permit an increase in the maximum floor area ratio (FAR) allowed by the Anaheim Municipal Code (the "Proposed Project"); and WHEREAS, the Property is approximately 5.56 acres in size and is located in the "I" Industrial Zone. The Property is designated on the Land Use Element of the General Plan for "Office — Low" land uses; and WHEREAS, self -storage facilities are conditionally permitted within the "I" Industrial Zone subject to special provisions related to such uses set forth in City Council Policy No. 7.2 (Self -Storage Facilities) adopted on September 22, 1998 and subsequently amended on June 5, 2007; and WHEREAS, pursuant to City Council Policy No. 7.2 (Self -Storage Facilities), self -storage facilities "are most appropriate for irregularly-shaped properties which may further be constrained by accessibility or visibility and which may not be suitable for conventional types of development ... [and may be conditionally permitted in the "C -G" or "I" Zones provided there does not appear to be other viable or strategic uses of the property, the architecture of the facility is of high quality, the use is appropriate and compatible with its surrounding land uses, and the facility is in compliance with all Zoning Code Development Standards, including setbacks where possible, signage and landscaping .... ]"; and WHEREAS, if approved, Conditional Use Permit No. 3516A will allow for an increased floor area ratio (0.6 FAR) as set forth in Section 18.10.045 of the Anaheim Zoning Code ("Code"); 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 - I - PC2020-024 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 7, 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 S. Anaheim Blvd., Anaheim, California. Copies of said document are also available for purchase; and WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) those individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the CEQA Guidelines; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring and Reporting Program has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project (herein referred to as "MMRP No. 370"). A complete copy of MMRP No. 370 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 8, 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 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 MMRP No. 370 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 MMRP No. 370, 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; - 2 - PC2020-024 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 MMRP No. 370 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; and 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 approves and adopts the Mitigated Negative Declaration and MMRP No. 370; and 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 at the Planning Commission meeting of June 8, 2020. 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 - 3 - PC2020-024 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 8, 2020, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MULLEADY IN WITNESS WHEREOF, I have hereunto set my hand this 81h day of June, 2020. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2020-024 EXHIBIT "A" DEV NO. 2018-00059 E KATELLA AVE /� oo Source: Recorded Tract Maps and/or City GIS. V ��e Please note the accuracy is +/- two to five feet. - 5 - PC2020-024 EXHIBIT B EXTRA SPACE SELF STORAGE MITIGATION MONITORING AND REPORTING PROGRAM NO. 370 Property Owner/Developer — Owner or developer of Extra Space Self Storage 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 done by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City's adopted Fee Schedule. Timing — This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Plan will occur, as routine City practices and procedures will ensure that the intent of the measure has been complied with. For example, if the timing is "to be shown on approved building plans" subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance. Responsibility for Monitoring — Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. Outside public agency review is limited to those public agencies specified in the Mitigation Monitoring Plan which have permit authority in conjunction with the mitigation measure. Ongoing Mitigation Measures — The mitigation measures that are designated to occur on an ongoing basis as part of this Mitigation Monitoring Plan will be monitored in the form of an annual letter from the property owner/developer in January of each year demonstrating how compliance with the subject measure(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored "Ongoing During Construction", the annual letter will review those measures only while construction is occurring; monitoring will be discontinued after construction is complete. A final annual letter will be provided at the close of construction. 6. Building Permit — For purposes of this Mitigation Monitoring Plan, a building permit shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building, but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building. MITIGATION MONITORING PROGRAM N0. 370 MITIGATION RESPONSIBIJ: FOR 3.5 CULTURAL RESOURCES In the event a potentially significant cultural resource is encountered during subsurface earthwork activities, all construction activities within a 100 -foot radius of the find shall cease and workers should avoid altering the materials until an archaeologist who meets the Secretary of Interior's Professional Qualification Standards for archaeology has evaluated the situation. The applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. Potentially significant cultural resources consist of but are not limited to stone, bone, glass, ceramics, fossils, MM -CUL -1 Prior to the issuance wood, or shell artifacts, or features including hearths, structural remains, Planning and Building of a grading permit or historic dumpsites. The archaeologist shall make recommendations Department concerning appropriate measures that the project applicant will implement to protect the resource, including but not limited to excavation and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. The project applicant shall submit a final report to the City Engineer detailing the findings and disposition of the specimens of any previously undiscovered resources found during construction within the project site. Upon completion of the grading, the archaeologist shall notify the City of Anaheim as to when the project applicant will submit the final report. In the event that fossils or fossil -bearing deposits are discovered during construction activities, excavations within a 100 -foot radius of the find shall be temporarily halted or diverted. The applicant shall notify a qualified paleontologist who shall examine the discovery. The applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. The paleontologist shall document the discovery as needed in accordance with Society of Vertebrate Paleontology standards and assess the MM -CUL -2 During grading significance of the find under the criteria set forth in CEQA Guidelines Planning and Building activities Section 15064.5. The paleontologist shall notify the appropriate Department agencies to determine procedures that the project applicant shall follow before the City allows construction activities to resume at the location of the find. If the applicant determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of construction activities on the discovery. The applicant shall submit the plan to the City of Anaheim for review and approval prior to implementation, and the applicant shall adhere to the recommendations In the event of the accidental discovery or recognition of any human remains, CEQA Guidelines Section 15064.5; Health and Safety Code Section 7050.5; PRC Section 5097.94 and Section 5097.98 shall be followed. If during the course of project development there is accidental discovery or recognition of any human remains, the following steps shall also be taken: 1. There shall be no further excavation or disturbance within 100 feet of the remains until the County Coroner is contacted to determine if the remains are Native American and if an investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the NAHC within 24 hours, and the NAHC shall identify the person or persons it believes to be the most likely descendant (MLD) of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work within 48 hours, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in PRC Section 5097.98. 2. Where the following conditions occur, the landowner or his or her authorized representative shall rebury the Native American human During grading remains and associated grave goods with appropriate dignity either in Planning and Building MM -CUL -3 activities accordance with the recommendations of the most likely descendant or Department on the project site in a location not subject to further subsurface disturbance: • The NAHC is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 48 hours after being notified by the NAHC. • The descendant identified fails to make a recommendation. • The landowner or his authorized representative rejects the recommendation of the descendant, and mediation by the NAHC fails to provide measures acceptable to the landowner. Additionally, PRC Section 15064.5 requires the following relative to Native American Remains: • When an Initial Study identifies the existence of, or the probable likelihood of, Native American Remains within a project, a lead agency shall work with the appropriate Native Americans as identified by the NAHC as provided in PRC 5097.98. The Project Applicant may develop a plan for treating or disposing of, with appropriate dignity, the human remains and any items associated with Native American Burials with the appropriate Native Americans as identified by the NAHC. 3.7 GEOLOGY AND SOILS During rough grading activities, which are defined as any grading activity occurring at depths below four feet from the existing surface, close monitoring should occur to quickly and professionally collect any specimens without impeding development and sediment samples should be collected and processed by a qualified professional to determine the small fossil potential. In the event that paleontological resources are inadvertently unearthed during excavation and grading activities of any future development project, the paleontologist or MM-GEO-1 During grading contractor shall temporarily cease all earth -disturbing activities within Planning and Building activities a 100 -foot radius of the area of discovery. The qualified professional Departments shall evaluate the significance of the finding and determine the appropriate course of action. If avoidance of the resource(s) is not feasible, the applicant shall follow salvage operation requirements pursuant to Section 15064.5 of the State CEQA Guidelines. After the proposed project has appropriately avoided or mitigated the find, work in the area may resume. Nothing in this mitigation measure precludes the retention of a single cross -trained observer who is qualified to monitor for both archaeological and paleontological resources. 3.18 TRIBAL CULTURAL RESOURCES Prior to the commencement of any grading and/or construction activity, the project applicant shall retain a Native American Monitor and a copy of the executed contract shall be submitted to the City of Anaheim Planning and Building Department. The Tribal monitor will only be present on-site during the construction phases that involve ground -disturbing activities. Ground disturbing activities are defined by the applicable tribes 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 will complete daily monitoring logs that will provide descriptions of the day's activities, including MM -TCR -1 Prior to issuance of construction activities, locations, soil, and any cultural materials Planning and Building grading permits identified. The on-site monitoring shall end when the Project Site Department grading and excavation activities are completed, or when the Tribal Representatives and monitor 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 approved by the applicable tribes. If the resources are Native American in origin, the applicable tribe shall coordinate with the project applicant regarding treatment and curation of these resources. Typically, the Tribe will request reburial or preservation for educational purposes. 10 Work may continue on other parts of the Project Site while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section 15064.5 [fl). 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. 10