Loading...
Resolution-PC 2022-045-1- PC2022-045 RESOLUTION NO. PC2022-045 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR PROPOSED CONDITIONAL USE PERMIT NO. 2019-06049 (DEV2019-00179) (898-914 West Lincoln Avenue) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2019-06049 to construct a 43-unit apartment building with reduced street structural and landscape setbacks (the "Proposed Project"), for that certain real property generally located at the southwest corner of Lincoln Avenue and Ohio Street and commonly referred to as 898-914 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 0.75 acres in size and is currently vacant. The Land Use Element of the Anaheim General Plan designates the Property for Mixed-Use High land uses. The Property is located in the “C-G” General Commercial Zone. The development standards and regulations of Chapter 18.32 (Mixed-Use Overlay Zone) of the Anaheim Municipal Code (the "Code") shall apply to the Proposed Project consistent with the General Plan designation for the Property and pursuant to the provisions of the State of California’s Housing Accountability Act codified in Section 65589.5 of the California Government Code; and WHEREAS, on February 28, 2022, the Planning Commission did hold a public hearing, 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 proposed Conditional Use Permit No. 2019-06049 and to investigate and make findings 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 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 CEQA Procedures 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 January 13, 2022, and was also made available for review on the City's website at www.anaheim.net. A complete hard 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 and the Reference Desk in the Anaheim Public Library located on the Second Floor at 500 West Broadway. The complete copy of the Mitigated Negative Declaration was also available on Office -2- PC2022-045 of Planning and Research’s CEQAnet database at https://ceqanet.opr.ca.gov/. 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 "MMRP No. 379"). A complete copy of MMRP No. 379 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 CEQA Procedures for the Proposed Project; and WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMRP No. 379 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 CEQA Procedures and, together with MMRP No. 379, 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 MMRP No. 379 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 negate 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. -3- PC2022-045 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 CEQA Procedures and, together with MMRP No. 379, 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 MMRP No. 379 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 MMRP No. 379; 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. EXHIBIT "A" DEV NO. 2019-00179 APN: 036-112-03 036-112-32 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. Lincoln Colony Apartments Project Appendix N Mitigation Monitoring and Reporting Plan EXHIBIT B This page is intentionally left blank. LINCOLN COLONY APARTMENT DEVELOPMENT PROJECT MITIGATION MONITORING AND REPORTING PROGRAM NO. 379 Project Name: Lincoln Colony Apartments Development (DEV2019-00179) Project Location: The Proposed Project is located at 898-914 West Lincoln Avenue (APNs 036- 112-03 and 036-112-32), in the northwestern portion of Anaheim, approximately 25 miles southeast of downtown Los Angeles. The Proposed Project encompasses approximately 0.733 acres. The Proposed Project is located south of Lincoln Avenue, west of South Ohio Street, north of West Broadway, and east of Illinois Street in the City of Anaheim. Address: 898-914 West Lincoln Avenue CEQA Action: Initial Study/Mitigated Negative Declaration (The Initial Study/Mitigated Negative was prepared to identify any potentially significant impacts associated with the Proposed Project and incorporate mitigation measures into the Proposed Project as necessary to eliminate the potentially significant effects of the Proposed Project or to reduce the effects to a level of less than significant.) Entitlement Requests: • A Conditional Use Permit (CUP2019-06049) to allow a 42-unit apartment project and reduced structural and landscape setbacks along the Lincoln Avenue and Ohio Street frontages; and to reduce the number of trees provided within the setbacks. Project Description: Pacific Coast Asset Management, LLC (Applicant) proposes to construct a multifamily residential development consisting of a 43 residential apartment (rental) unit complex, which includes 42,057 sq. ft. of living area, 390 sq. ft. management office, 4,706 sq. ft. of building support (stairs, storage, elevators, etc.), and 45,111 sq. ft. of parking, providing an overall enclosed building size of 92,264 sq. ft. The Proposed Project would have 106 on-site parking spaces and storage area, mechanical equipment rooms, circulation, mailbox rooms, trash rooms, and stairwells. The Proposed Project is located on 0.733-acres of land consisting of two parcels, Assessor’s Parcel Numbers (APNs) 036-112-03 and 036-112-32 located at 898-914 W. Lincoln Avenue (Project Site). 1 | P a g e 2 | P a g e Terms and Definitions: 1. Property Owner/Developer – Owner or developer of Lincoln Colony Apartment Development 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 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 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. LINCOLN COLONY APARTMENT DEVELOPMENT PROJECT MITIGATION MONITORING AND REPORTING PROGRAM NO. 379 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 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 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. 3 | P a g e LINCOLN COLONY APARTMENT DEVELOPMENT PROJECT MITIGATION MONITORING AND REPORTING PROGRAM NO. 379 MITIGATION NUMBER TIMING MEASURE RESPONSIBLE FOR MONITORING COMPLETION 4.13 NOISE MM NOI-1 Prior to the issuance of a grading permit. Prior to the issuance of a grading permit, the Property Owner/Developer shall include a note on the grading plans that vibratory rollers (or other similar vibratory equipment) are prohibited from operating within 20 feet of any commercial structure to the west of the Project Site and 136 feet of any residential structures to the south and/or southwest of the Project Site, and that large bulldozers are prohibited from operating within 12 feet of any commercial structure to the west of the Project Site and 80 feet of any residential structures to the south and/or southwest, during all phases of construction activity for development. If construction activity must occur within these specified distances, it shall be performed with smaller equipment types that do not exceed the vibrations thresholds applied herein. Planning and Building Department/Building Division “Good Neighbor” Measures “Good Neighbor” Measure 1 During all phases of construction and on-site grading. The Property Owner/Developer shall ensure the construction contractors equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer standards during all project construction and grading on-site. Planning and Building Department/Building Division “Good Neighbor” Measure 2 During all phases of construction and on-site grading. The Property Owner/Developer shall ensure the construction contractor place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the Project Site. Planning and Building Department/Building Division “Good Neighbor” Measure 3 During all phases of construction and on-site grading. The Construction Contractor shall shut off and not leave to idle any/all equipment when not in use, as applicable. Planning and Building Department/Building Division 4 | P a g e LINCOLN COLONY APARTMENT DEVELOPMENT PROJECT MITIGATION MONITORING AND REPORTING PROGRAM NO. 379 MITIGATION NUMBER TIMING MEASURE RESPONSIBLE FOR MONITORING COMPLETION “Good Neighbor” Measure 4 During all phases of construction and on-site grading. The Construction Contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise/vibration sources and sensitive receptors nearest the Project Site during all phases of project construction. Planning and Building Department/Building Division “Good Neighbor” Measure 5 During all phases of construction and on-site grading. The Construction Contractor shall shield and direct use of any jackhammers, pneumatic equipment and any/all other portable stationary noise sources away from sensitive receptors. Planning and Building Department/Building Division “Good Neighbor” Measure 6 During all phases of construction. The Property Owner/Developer shall mandate that the Construction Contractor prohibit the use of music or sound amplification on the Project Site during all phases of project construction. Planning and Building Department/Building Division “Good Neighbor” Measure 7 During all phases of construction. The Construction Contractor shall limit haul truck deliveries to the same hours specified for construction equipment. Planning and Building Department/Building Division 4.18 TRIBAL CULTURAL RESOURCES MM TCR-1 Prior to the commencement of any grading and/or construction activities. Prior to the commencement of any grading and/or construction activity, the Property Owner/Developer shall retain a qualified Juaneño Band of Mission Indians – Acjachemen Nation - Belardes Native American Monitor (Tribal Monitor) with ancestral ties to the area 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 within undisturbed native sediments. Ground disturbing activities may include, but are not limited to, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the Project site. The Tribal Monitor will complete daily monitoring logs that will provide descriptions of the day’s activities, including construction activities, Planning, Engineering, and Building Department/Building Division 5 | P a g e LINCOLN COLONY APARTMENT DEVELOPMENT PROJECT MITIGATION MONITORING AND REPORTING PROGRAM NO. 379 MITIGATION NUMBER TIMING MEASURE RESPONSIBLE FOR MONITORING COMPLETION 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 archaeological or tribal cultural resources. Upon discovery of any archaeological or tribal cultural resources, construction activities shall cease in the immediate vicinity of the find until the find can be assessed. All archaeological and/or tribal cultural resources unearthed by project construction activities shall be evaluated by the qualified archaeologist meeting the Secretary of Interior standards and a Tribal monitor. If the resources are Native American in origin, the Tribal Monitor from a recognized California Native American tribe culturally and traditionally affiliated with the area shall coordinate with the City and Property Owner/Developer regarding treatment and curation of these resources. The City and Property Owner/Developer shall, in good faith, consult with the “TRIBE” on the disposition and treatment of any Tribal Cultural Resource encountered during all ground disturbing activities. 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 and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be provided by the Property Owner/Developer. A treatment plan would be prepared for the resources, which would 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 6 | P a g e LINCOLN COLONY APARTMENT DEVELOPMENT PROJECT MITIGATION MONITORING AND REPORTING PROGRAM NO. 379 MITIGATION NUMBER TIMING MEASURE RESPONSIBLE FOR MONITORING COMPLETION public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County, the Copper Center, 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. MM TCR-2 Prior to the commencement of any grading and/or construction activities. Prior to the commencement of any grading and/or construction activity, the Property Owner/Developer shall retain a qualified Gabrieleño Band of Mission Indians – Kizh Nation Native American Monitor (Tribal Monitor) with ancestral ties to the area 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 within undisturbed native sediments. Ground disturbing activities may include, but are not limited to, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the Project site. 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 archaeological or tribal cultural resources. Upon discovery of any archaeological or tribal cultural resources, construction activities shall cease in the immediate vicinity of the find until the find can be assessed. All archaeological and/or tribal cultural resources unearthed by project construction activities shall be evaluated by the qualified archaeologist meeting the Secretary of Interior standards and a Tribal monitor. If the resources are Native American in origin, the Tribal Monitor from a recognized California Native American tribe culturally and traditionally affiliated with the area shall coordinate with the City and Property Owner/Developer regarding treatment and curation of Planning, Engineering, and Building Department/Building Division 7 | P a g e LINCOLN COLONY APARTMENT DEVELOPMENT PROJECT MITIGATION MONITORING AND REPORTING PROGRAM NO. 379 MITIGATION NUMBER TIMING MEASURE RESPONSIBLE FOR MONITORING COMPLETION these resources. The City and Property Owner/Developer shall, in good faith, consult with the “TRIBE” on the disposition and treatment of any Tribal Cultural Resource encountered during all ground disturbing activities. 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 and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be provided by the Property Owner/Developer. A treatment plan would be prepared for the resources, which would 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, the Copper Center, 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.