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Resolution-PC 2023-002RESOLUTION NO. PC2023-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL APPROVE AND ADOPT THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN NO. 386 FOR DEV2021-00195 (2219 WEST ORANGE AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for a General Plan Amendment, Reclassification, Conditional Use Permit, and Tentative Tract Map No. 19192 (collectively known as "Development Application No. 2021-00195"), to construct 24 residential units, with 10 -percent of the units affordable to moderate income buyers (the "Proposed Project"), for that certain real property located at 2219 West Orange 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, 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 Initial Study in support of a 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 Draft Initial Study/Mitigated Negative Declaration was circulated for a 20 -day public/responsible agency review on December 15, 2022, and was also made available for review on the City's web page, with hard copies available at City Hall and the Anaheim Public Library, and it was uploaded digitally with the Office of Planning and Research's CEQAnet database; 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. 386"). A complete copy of MMP No. 386 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 received no letters during the comment period; and WHEREAS, the Draft IS/MND together with Mitigation Monitoring Plan No. 386 prepared for the Proposed Project constitute the environmental documentation under and pursuant to CEQA, and the State CEQA Guidelines and shall be referred to herein collectively as the "CEQA Documents"; and WHEREAS, on January 18, 2023, 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 (Procedures) of the Code, to hear and consider evidence for 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, at said public hearing, upon hearing and considering all testimony and arguments (if any) of all persons desiring to be heard, the Planning Commission considered all factors relating to the Proposed Project, including the Mitigated Negative Declaration, together with the other CEQA Documents; and WHEREAS, to the extent authorized by law, the Planning Commission desires and intends to use the Mitigated Negative Declaration, together with the other CEQA Documents, as the environmental documentation required by CEQA, the CEQA Guidelines and the City's CEQA Procedures for the Proposed Project; and WHEREAS, the 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 presentation, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that negate the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, pursuant to the above findings and based upon a thorough review of proposed Mitigated Negative Declaration, the other CEQA Documents and the evidence received to date, does find and determine and recommends that the City Council also 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 MMP No. 386, serves as the appropriate environmental documentation for the Proposed Project. - 2 - PC2023-002 2. That it has carefully reviewed and considered the information contained in the Mitigated Negative Declaration (including the Initial Study and any comments received) 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. 386 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council; and 4. Pursuant to the above findings, the Planning Commission recommends the City Council determine that the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 386, are the appropriate environmental documentation for the Proposed Project and hereby recommends that the City Council approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 386 for the Proposed Project. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 18, 2023. r CHAIRPERSON, PLANNING C MISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2023-002 EXHIBIT "A" DEV NO. 2021-00195 APN: 127-10-221 LU �L RAMM. OR W ryf RFsq ASF S THISTLE RD ~ 460' N P C � N N � Y W O O 460' ac W ORANGE ............ rn AVE z `T � a a 4CLEARBROOK Oo so iou Source: Recorded Tract Maps and/or City GIS. oPlease note the accuracy is +/- two to five feet. PC2023-002 EXHIBIT `B" MMP No. 386 (DEV2021-00195) Townes at Orange Mitigation Monitoring and Program No. 386 DEV2021-00195 Prepared for City of Anaheim 200 South Anaheim Boulevard, Suite 162 Anaheim, California 92805 Prepared by Kimley-Horn and Associates, Inc. 1 100 W Town and Country Road, Suite 700 Orange, California 92868 Date: January 2023 PC2023-002 TOWNES AT ORANGE PROJECT MITIGATION MONITORING PLAN NO. 386 Terms and Definitions: 1. Property Owner/Developer—Melia Homes. 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 bythe property owner/developer. Staff time for reviews will be charged on a time and materials basisat 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. 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 adc6tlorsto an existing structure or building. TOWNES AT ORANGE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM PC2023-002 Responsible for Verification Monitoring/ Reporting Approval/ Mitigation Measures (MMs) Implementation Timing Methods Monitoring Date Initials Air Quality SC AQ -1: Dust Control. During construction, construction Include requirements in Best available control Planning and contractors shall comply with South Coast Air Quality bid packages; show on measures shown on Building Management District's (South Coast AQMD's) Rules 402 grading and construction construction plans Department and 403 to minimize construction emissions of dust and plans Site inspections designee particulates. South Coast AQMD Rule 402 requires that air During demolition, pollutant emissions not be a nuisance off-site. Rule 402 grading, construction prohibits the discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. South Coast AQMD Rule 403 requires that fugitive dust be controlled with Best Available Control Measures so that the presence of such dust does not remain visible beyond the property line of the emission source. This rule is intended to reduce PM,o emissions from any transportation, handling, construction, or storage activity that has the potential to generate fugitive dust. This requirement shall be included as notes on the contractor specifications. Table 1 of Rule 403 lists the Best Available Control Measures that are applicable to all construction projects. The measures include, but are not limited to, the following: a. Portions of a construction site to remain inactive longer than a period of three months will be seeded and watered until grass cover is grown or otherwise stabilized. PC2023-002 Responsible for Verification Monitoring/ Reporting Approval/ Mitigation Measures (MMs) Implementation Timing Methods Monitoring Date Initials b. All on-site roads will be paved as soon as feasible or watered periodically or chemically stabilized. c. All material transported off-site will be either sufficiently watered or securely covered to prevent excessive amounts of dust. d. The area disturbed by clearing, grading, earthmoving, or excavation operations will be minimized at all times. e. Where vehicles leave a construction site and enter adjacent public streets, the streets will be swept daily or washed down at the end of the workday to remove soil tracked onto the paved surface. SC AQ -2: Architectural Coatings. South Coast Air Quality Include requirements in Show on construction Planning and Management District (South Coast AQMD) Rule 1113 bid packages; show on plans Building requires manufacturers, distributors, and end-users of grading and construction Site inspections Department architectural and industrial maintenance coatings to reduce plans designee reactive organic gas (ROG) emissions from the use of Prior to the start of these coatings, primarily by placing limits on the ROG construction content of various coating categories. Architectural coatings shall be selected so that the volatile organic compound (VOC) content of the coatings is compliant with South Coast AQMD Rule 1113. This requirement shall be included as notes on contractor specifications. Biological Resources SC BI0-1: Nesting Migratory Birds. During construction, Include requirements in Site inspections Planning and grubbing, brushing, or tree removal shall be conducted bid packages; show on Nesting Bird Plan Building outside of the state identified nesting season for migratory grading and construction (NBP), if nests found Department birds (i.e., typically February 1 through August 31), if possible. plans during nesting designee If construction activities cannot be conducted outside of Applicable if during season Qualified Biologist nesting season, a Pre -Construction Nesting Bird Survey within nesting bird season: and adjacent to the project site shall be conducted by a Three days prior to qualified biologist within three days prior to initiating construction construction activities. If active nests are found during the Responsible for Verification Monitoring/ Reporting Approval/ Mitigation Measures (MMs) Implementation Timing Methods Monitoring Date Initials Pre -Construction Nesting Bird Survey, a Nesting Bird Plan Avoidance during (NBP) shall be prepared by a qualified biologist and construction. implemented during construction. At a minimum, the NBP shall include guidelines for addressing active nests, establishing buffers, monitoring, and reporting. The size and location of all buffer zones, if required, shall be based on the nesting species, nesting age, nest location, its sensitivity to disturbance, and intensity and duration of the disturbance activity. Cultural Resources MM CR -1: An Archaeologist who meets the Secretary of Prior to the issuance of Worker Planning and the Interior's Professional Qualification Standards for a Notice to Proceed for Environmental Building Archaeology shall perform a "tailgate" Worker any ground disturbance Awareness Program Department Environmental Awareness Program (WEAP) training for all During construction (WEAP) training designee construction personnel directly involved with project- related ground disturbance activities. The training shall Include requirements in Site inspections p Qualified include visual aids, a discussion of applicable laws and bid packages; show on Show on Professional statutes relatingto archaeological resources, g' types of gradingand construction construction plans Archeologist resources that may be found within the project site, and p lans procedures that shall be followed in the event such Immediately stop grading resources are encountered. in area of discovery In the event that inadvertent discoveries are found, an Archaeologist who meets the Secretary of the Interior's Professional Qualification Standards for Archaeology shall perform an inspection of the site for potential archaeological resources once grubbing, ground clearing, and demolition are complete, and prior to any grading or project -related ground disturbance. In the event exposed soils indicate cultural materials may be present, this shall be followed by regular or periodic archaeological monitoring as determined by the Archaeologist, but full-time archaeological monitoring is not required at this time. Monitoring/ Reporting Responsible for Approval/ Verification Mitigation Measures (MMs) Implementation Timing Methods Monitoring Date Initials It is always possible that ground -disturbing activities during construction may uncover previously unknown, buried cultural resources. In the event that buried cultural resources are discovered during construction, operations shall stop in the immediate vicinity of the find and a qualified Archaeologist shall be consulted to determine whether the resource requires further study. The qualified Archaeologist shall make recommendations to the Lead Agency on the measures that shall be implemented to protect the discovered resources, including but not limited to the excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Potentially significant cultural resources consist of but are not limited to stone, bone, fossils, wood, or shell artifacts or features, including hearths, structural remains, or historic dumpsites. Any previously undiscovered resources found during construction within the project area shall be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of CEQA criteria. If the resources are determined to be unique historic resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the Archaeological Monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources shall include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any archaeological artifacts recovered as a result of mitigation shall be donated to a qualified scientific institution approved by the Lead Agency where they would be afforded long-term preservation to allow future scientific study. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Susana Barrios, 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 January 18, 2023, by the following vote of the members thereof: AYES: Chairperson Kring, Commissioners Henninger, Perez, Walker, and White RECUSED: Commissioner Mouawad NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 18' day of January 2023. ECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM PC2023-002