Resolution-PC 2021-003RESOLUTION NO. PC2021-003
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM TO ADOPT A MITIGATED NEGATIVE DECLARATION
FOR PROPOSED GENERAL PLAN AMENDMENT NO. 2016-00510,
RECLASSIFICATION NO. 2016-00297, AND ADMINISTRATIVE
ADJUSTMENT NO. 2020-00444
(DEV2016-00074)
(3175 WEST BALL ROAD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for General Plan Amendment No. 2016-00510,
Reclassification No. 2016-00297, and Administrative Adjustment No. 2020-00444 to construct an
11-unit apartment building with reduced street and interior setbacks (the "Proposed Project"), for
that certain real property generally located at the northeast corner of Ball road and Western Avenue
and commonly referred to as 3175 West Ball Road in the City of Anaheim, County of Orange,
State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated
herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 0.36 acres in size and is currently vacant. The
Land Use Element of the Anaheim General Plan designates the Property for General Commercial
land uses. The Property is located in the “C-G” General Commercial Zone. The development
standards and regulations of Chapter 18.06(Multiple-Family Residential Zones) of the Anaheim
Municipal Code (the "Code") shall applyto the Proposed Project, pursuant to approval of
Reclassification No. 2016-00297, now pending; and
WHEREAS, the Proposed Project is to construct an 11-unit apartment building with
reduced street and interior setbacks subject to Administrative AdjustmentNo. 2019-05127by 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. 2016-00510isto amend the General Plan Land
Use designation from General Commercial to Medium Density Residential; and
WHEREAS, Reclassification No. 2016-00297isto reclassify the property from the “C-G”
General CommercialZone to the “RM-4” Multiple-family Residential Zone; and
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in
California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued
Executive Order N-29-20 (superseding the Brown Act-related provisions of Executive Order N-
25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings
via teleconferencing and to make public meetings accessible telephonically or otherwise
electronically to all members of the public seeking to observe and to address the local legislative
body; and
-1- PC2021-003
WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a
teleconferencing public hearing at the Civic Center in the City of Anaheim on August 31, and
October 12, 2020, and continued the item without discussion; the Planning Commission did hold
a teleconferencing public hearing at the Civic Center in the City of Anaheim on and January 20,
2021 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 and consider evidence and
testimony for and against the Proposed Project and to investigate and make findings and
recommendations in connection therewith; 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
Procedures, 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 July 9, 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. 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 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 "MMRPNo.
371"). A complete copy of MMRP No. 371 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
-2- PC2021-003
WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated
Negative Declaration, including MMRPNo. 371 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 MMRPNo. 371, 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 impactsupon the environment
with the implementation of the mitigation measures contained in MMRP No. 371 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. ThisPlanning 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 adoptthe 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 MMRPNo. 371, 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 MMRPNo. 371and that the
Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning
Commission;
-3- PC2021-003
-5- PC2021-003
EXHIBIT B
Mitigation Monitoring and Reporting Program No. 371
Timing of Verification Completed
Mitigation Method of Responsible
Measure No. Verification Party
Mitigation Measure/Project Design Feature Comments
Prior to the issuance of a demolition, grading, and/or building permit for Submittal/ X City of Anaheim
MM-BIO-1
activities during the avian nesting season (i.e., February 1 and September review of nesting Planning and
1), the property owner/developer shall submit a survey for active nests to bird survey Building
the City of Anaheim Planning and Building Department conducted by a Department
qualified biologist a maximum of 1 week prior to the activities to
determine the presence/absence, location, and status of any active nests
on or adjacent to the Project Site. The nesting bird survey shall consist of
full coverage of the project footprint and an appropriate buffer, as
determined by the biologist. 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 the survey shall
be documented and filed with the City of Anaheim within 5 days after the
survey.
If skeletal remains are uncovered during construction activities, all work N/A X City of Anaheim
MM-CUL-1
shall stop immediately and the construction supervisor in charge at the Planning and
Project Site shall notify the County Coroner of the find immediately, in Building
conformance with the California Health and Safety Code, Section 7050.5. Department
No further disturbance shall occur until the County Coroner makes a
determination of origin and disposition pursuant to California Public
Resources Code, Section 5097.98. If the human remains are determined
to be prehistoric, the County Coroner shall notify the Native American
Heritage Commission, which shall notify a most likely descendant. The
most likely descendant shall complete the inspection of the site within 48
hours of notification and may recommend scientific removal and
nondestructive analysis of human remains and items associated with
Native American burials subject to City approval.
-6- PC2021-003
Timing of Verification Completed
Mitigation Method of Responsible
Measure No. Verification Party
Mitigation Measure/Project Design Feature Comments
The property owner/developer shall implement all recommendations in Submittal/ X X City of Anaheim
MM-GEO-1
the approved Geotechnical Investigation report for the Proposed Project review of Public Works
during site preparation, grading, and construction, and compliance with statement of Department
the approved Geotechnical Investigation shall be verified in the field by a verification by
qualified representative. The property owner/developer shall demonstrate qualified
to the City of Anaheim’s Planning & Building Department and/or Public representative
Works Department staff that all or equivalent recommendations in the
Preliminary Soil Investigation, Liquefaction Evaluation and Infiltration Test
Report. Proposed Two-Story Apartment Complex with Partial
Subterranean Parking, 3175 W. Ball Road, City of Anaheim, California,
prepared by Soil Exploration Company, Inc. September 12, 2016, or any
updates to that report have been incorporated into the Proposed Project’s
design and grading plans.
Prior to the issuance of Grading and Building Permits, the property Submittal/ X X City of Anaheim
MM-HAZ-1
owner/developer shall prepare and submit a site-specific Health and review of site-Planning and
Safety Plan to the Planning and Building Department. specific Health Building
The site-specific Health and Safety Plan shall require that the property and Safety Plan Department
owner/developer include the following instructions to its construction to the Planning
contractor: “The construction contractor shall use a photoionization and Building
detector (PID) to regularly inspect the exposed soil for evidence of any Department
contamination.” These instructions shall be included on all plans
pertaining to subsurface construction activities for the Proposed Project.
The site-specific Health and Safety Plan shall identify air monitoring action
levels based on the benzene Cal-OSHA permissible exposure limit (PEL) to
protect worker health and safety. The site-specific Health and Safety Plan
shall note measures to be taken if air monitoring in the breathing zone of
site workers indicates concentrations above the action levels. These
measures could include the use of personal protective equipment,
including air purifying respirators, or engineering controls, as well as site
perimeter monitoring.
Prior to issuance of Grading or Building Permits, the property Submittal/ X X City of Anaheim
MM-HAZ-2
owner/developer shall submit to the Planning and Building Department review of plans; Planning and
notes on plans that indicate that if potential contamination indicators are Submittal/ Building
identified during excavation based on visual observations and/or air review of Department
monitoring the soil will be segregated and evaluated. Soil impacted by statement
petroleum hydrocarbons may be stained or odorous. Stained soil may indicating
have bluish to dark gray discoloration. Discoloration may remain even whether
after the product has naturally degraded. If suspect petroleum contamination
hydrocarbon-impacted soils are observed during excavation, the soil will indicators were
be segregated and evaluated. Evaluation will include collection of identified during
-7- PC2021-003
Timing of Verification Completed
Mitigation Method of Responsible
Measure No. Verification Party
Mitigation Measure/Project Design Feature Comments
samples for total petroleum hydrocarbons (TPH) and volatile organic excavation and if
compound (VOC) analysis. The number of samples to be collected will be so, submittal/
based on potential disposal facility requirements. If concentrations of TPH review of a
and VOCs are below direct exposure human health soil screening levels memorandum or
(Regional Water Quality Control Board Environmental Screening Levels), report
then the soil may remain on-site. If the concentrations exceed the summarizing
screening levels, then the soil will be removed from the Project Site and how soil was
properly disposed of off-site in accordance with local, State, and Federal evaluated
regulations. and/or removed
Visually screening the soil will be accompanied by air monitoring using a from site.
photoionization detector (PID) or other organic vapor analyzer. In
accordance with South Coast Air Quality Management District (SCAQMD)
regulations (specifically Rule 1166), VOC-contaminated soil, if identified at
the Project Site during excavation activities, will be properly managed.
VOC-contaminated soil, as defined in Rule 1166, consists of soil with
concentrations of 50 parts per million or greater when measured within 3
inches of the soil using a PID calibrated with hexane. If volatile organics
are measured at concentrations of 50 parts per million or greater when
measured within 3 inches of the soil using a PID calibrated with hexane,
then the excavation, stockpile management, and agency notification shall
comply with SCAQMD Rule 1166. If identified, VOC-contaminated soil, as
defined in Rule 1166, shall be removed from the Project Site and properly
disposed of off-site in accordance with local, State, and Federal
regulations.
Prior to issuance of Grading or Building Permits, the property Submittal/
MM-HAZ-3
owner/developer shall submit to the Planning and Building Department review of a
notes on plans that indicate that during construction, should groundwater memorandum or
be encountered and require extraction, any extracted groundwater will be report indicating
managed in accordance with the National Pollutant Discharge Elimination whether
System (NPDES) permit for construction dewatering, in accordance with construction
existing regulations. The NPDES permit will require monitoring of volatile dewatering was
organic compound concentrations in the extracted groundwater per the requiring during
Monitoring and Reporting Program developed at the time of issuance of a site preparation
NPDES permit. Prior to the issuance of Building Permits, the property and grading. If
owner/developer shall submit to the Planning and Building Department a construction
memorandum or report indicating whether construction dewatering was dewatering is
requiring during site preparation and grading. If construction dewatering is necessary, the
necessary, the Monitoring and Reporting Program and memorandum or Monitoring and
report shall identify whether effluent concentrations at the end of Reporting
dewatering increased compared to the initial concentrations. The Program and
Monitoring and Reporting Program and memorandum or report shall be memorandum or
submitted to the Planning and Building Department. report shall
identify whether
-8- PC2021-003
Timing of Verification Completed
Mitigation Method of Responsible
Measure No. Verification Party
Mitigation Measure/Project Design Feature Comments
If the effluent concentrations at the end of dewatering increased effluent
compared to the initial concentrations, the Planning and Building concentrations
Department shall require that the property owner/developer retain a at the end of
qualified environmental professional to reevaluate the potential human dewatering
health risk under the residential scenario based on the effluent VOC increased
concentrations at the end of dewatering. If the qualified environmental compared to the
consultant determines that the potential human health risk under the initial
residential scenario exceeds de minimis thresholds of one in a million for concentrations.
cancer risk or the non-cancer hazard index risk value of 1.0, the property
owner/developer shall be responsible for informing the Planning and
Building Department and Santa Ana Regional Water Quality Control Board
in writing of the discovery. The property owner/developer shall be
responsible for coordinating with the qualified environmental consultant
to ensure that the vapor mitigation noted in Mitigation Measure (MM-)
HAZ-4 is designed to sufficiently mitigate vapor impacts to human health
and safety of future occupants at the Project Site.
Prior to the issuance of Grading and Building Permits, the property Submittal/
MM-HAZ-4
owner/developer shall submit plans to the Planning and Building review of
Department, showing that the property owner/developer has incorporated statement of
at least one of following options into the Proposed Project: plans to the
Planning and
Option A: Limiting vapor intrusion into future residences through use
Building
of a well-ventilated ground-level garage that is not intended for human
Department
occupation; or
Option B: Installation of a sub-slab liner/passive ventilation to limit
vapor intrusion to the future residences.
Prior to issuance of Grading or Building Permits, the property Submittal/ X City of Anaheim
MM-NOI-1
owner/developer and/or its construction contractor, shall submit plans to review of Planning and
the Planning and Building Department with notes indicating compliance grading/ Building
with the following measures during construction: construction Department
1.Construction activities shall be permitted only between the hours of plans
7:00 a.m. and 7:00 p.m. In the event that construction is required to
extend beyond these times, extended hours permits shall be
required.
2.Pumps and associated equipment (e.g., portable generators) shall be
shielded from sensitive uses using local temporary noise barriers or
enclosures, or shall otherwise be designed or configured so as to
minimize noise at nearby noise-sensitive receivers.
3.Staging of construction equipment shall not occur within 20 feet of
any noise- or vibration-sensitive land uses.
4.All noise-producing equipment and vehicles using internal
combustion engines shall be equipped with mufflers; air-inlet
-9- PC2021-003
Timing of Verification Completed
Mitigation Method of Responsible
Measure No. Verification Party
Mitigation Measure/Project Design Feature Comments
silencers where appropriate; and any other shrouds, shields, or other
noise-reducing features in good operating condition that meet or
exceed original factory specification. Mobile or fixed “package”
equipment (e.g., arc-welders, air compressors) shall be equipped with
shrouds and noise control features that are readily available for that
type of equipment.
5.All mobile or fixed noise-producing equipment used for the Project
that are regulated for noise output by a local, state, or federal agency
shall be in compliance with regulations.
6.Idling equipment shall be kept to a minimum and moved as far as
practicable from noise-sensitive land uses.
7.Electrically powered equipment shall be used instead of pneumatic or
internal combustion powered equipment, where feasible.
8.Material stockpiles and mobile equipment staging, parking, and
maintenance areas shall be located as far as practicable from noise-
sensitive receptors.
9.The use of noise-producing signals, including horns, whistles, alarms,
and bells, shall be used for safety warning purposes only.
Prior to issuance of Grading and Building Permits, the property Submittal/ City of Anaheim
MM-NOI-2
owner/developer shall submit evidence to the Planning and Building review of Planning and
Department that effective communication with local residents will be evidence of Building
maintained prior to and during construction. Specifically, the property compliance Department
owner/developer or their representative shall inform local residents of the
schedule, duration, and progress of the construction. Additionally, the
property owner/developer shall provide residents contact information for
noise- or vibration-related complaints. Evidence of compliance may
include copies of letters and mailing lists for adjacent property owners
and residents, photographs of posting of information on site, or any other
such information as deemed compliant by the Planning and Building
Director and/or his/her designee.
Prior to issuance of a building permit, the property owner/developer shall Submittal/ City of Anaheim
MM-NOI-3
submit final design plans, to the City of Anaheim Planning and Building review of final Planning and
Department, specifying that windows in habitable rooms will have the design plans Building
following minimum Sound Transmission Class (STC) ratings: Department
Windows with northern and eastern-facing exposures: 19 STC or
greater
Windows with southern and western-facing exposures: 25 STC or
greater
Prior to the commencement of any grading and/or construction activity, X
MM-TCR-1 Submittal/ City of Anaheim
the property owner/developer shall retain a Native American Monitor and
review of brief Planning and
a copy of the executed contract shall be submitted to the City of Anaheim
letter report of
-10- PC2021-003
Timing of Verification Completed
Mitigation Method of Responsible
Measure No. Verification Party
Mitigation Measure/Project Design Feature Comments
Planning and Building Department. The Tribal monitor will only be present excavations and Building
on-site during the construction phases that involve ground-disturbing findings
Department
activities. Ground disturbing activities are defined by the Gabrieleño 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 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
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 Gabrieleño Band of Mission Indians-Kizh Nation.
If the resources are Native American in origin, the Gabrieleño Band of
Mission Indians-Kizh Nation shall coordinate with the property
owner/developer 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 California Public Resources Code 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- PC2021-003
Timing of Verification Completed
Mitigation Method of Responsible
Measure No. Verification Party
Mitigation Measure/Project Design Feature Comments
Prior to the final building and zoning inspections of each development, the
MM-UTL-1 Submittal/ X City of Anaheim
property owner/developer shall submit Project plans and a Solid Waste
review of proof of Streets and
Management Plan to the Streets and Sanitation Division of the Public
Project Plans, Sanitation
Works Department for review and approval to ensure that the plans
Submission of Division of the
comply with AB 939, and the Solid Waste Reduction Act of 1989, and the
Solid Waste Public Works
County of Orange and City of Anaheim Integrated Waste Management
Management Department
Plans as administered by the City of Anaheim to the maximum extent
plan for approval
feasible, which shall be determined by the Streets and Sanitation Division.
Implementation of said plans shall commence upon occupancy and shall
remain in full effect as required by the Street and Sanitation Division and
may include, at its discretion, the following plan components:
Detailing the locations and design of on-site recycling facilities.
Participating in the City of Anaheim’s “Recycle Anaheim” program or
other substitute program as may be developed by the City or
governing agency.
-12- PC2021-003