RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AND ADOPTING
THE MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING PLAN NO. 386 FOR
DEV2021-00195
(DEV2021-00195)
(2219 WEST ORANGE AVENUE)
WHEREAS, the City Council of the City of Anaheim (the "City Council") 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 (“IS/MND”) 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 - 2 -
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, 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, the Planning Commission did hold a public hearing in the City of Anaheim on January 18, 2023, 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 (Procedures) of the Anaheim Municipal 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, by adoption of its Resolution No. PC2023-002, and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's CEQA Procedures, the Planning Commission found and determined that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to this Resolution and contained in MMP No. 386, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 386; and WHEREAS, upon receipt of Planning Commission recommendation, made by Resolution No. PC2023-002 the City Council did fix the 28th day of February, 2023, as the time, for a public hearing on the Proposed Project and the Mitigated Negative Declaration and for the purpose of considering evidence for and against the Proposed Project and the Mitigated Negative Declaration, and did give notice thereof in the manner and as provided by law; and
WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMP No. 386 and any comments received to date and the responses prepared, the City Council does find and determine as follows:
1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA, the CEQA Guidelines, and the City's CEQA Procedures and, together with MMP No. 386, 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 -
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. That the City Council hereby approves and adopts Mitigated Negative Declaration and MMP No. 386 for DEV2021-00195; and
WHEREAS, this City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that negate the findings made in this Resolution. This City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that this City Council, pursuant to the above findings and based upon a thorough review of the Mitigated Negative Declaration and the evidence received to date, does hereby adopt the Mitigated Negative Declaration (including the Initial Study and any comments received during the public review period) based on the findings and determinations as follows:
1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA, the CEQA Guidelines, and the City's CEQA Procedures and, together with MMP No. 386, 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) 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.
- 4 -
THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this 28th day of February, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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.
1100 W Town and Country Road, Suite 700
Orange, California 92868
Date: January 2023
TOWNES AT ORANGE PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Verification
Mitigation Measures (MMs) Implementation Timing
Monitoring/ Reporting
Methods
Responsible for
Approval/
Monitoring Date Initials
Air Quality
SC AQ-1: Dust Control. During construction, construction contractors shall comply with South Coast Air Quality
Management District’s (South Coast AQMD’s) Rules 402
and 403 to minimize construction emissions of dust and
particulates. South Coast AQMD Rule 402 requires that air pollutant emissions not be a nuisance off-site. Rule 402 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 PM10 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.
b. All on-site roads will be paved as soon as feasible or Include requirements in
bid packages; show on
grading and construction
plans
During demolition,
grading, construction
Best available control
measures shown on
construction plans
Site inspections
Planning and
Building
Department
designee
Mitigation Measures (MMs) Implementation Timing
Monitoring/ Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
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 Management District (South Coast AQMD) Rule 1113
requires manufacturers, distributors, and end-users of
architectural and industrial maintenance coatings to reduce reactive organic gas (ROG) emissions from the use of
these coatings, primarily by placing limits on the ROG
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.
Include requirements in
bid packages; show on
grading and construction
plans
Prior to the start of
construction
Show on construction
plans
Site inspections
Planning and
Building
Department
designee
Biological Resources
SC BIO-1: Nesting Migratory Birds. During construction, grubbing, brushing, or tree removal shall be conducted
outside of the state identified nesting season for migratory birds (i.e., typically February 1 through August 31), if possible.
If construction activities cannot be conducted outside of nesting season, a Pre-Construction Nesting Bird Survey within and adjacent to the project site shall be conducted by a qualified biologist within three days prior to initiating construction activities. If active nests are found during the Pre-Construction Nesting Bird Survey, a Nesting Bird Plan Include requirements in
bid packages; show on
grading and construction
plans
Applicable if during
nesting bird season:
Three days prior to
construction
Avoidance during
construction.
Site inspections
Nesting Bird Plan
(NBP), if nests found
during nesting
season
Planning and
Building
Department
designee
Qualified Biologist
Mitigation Measures (MMs) Implementation Timing
Monitoring/ Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
(NBP) shall be prepared by a qualified biologist and
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
the Interior’s Professional Qualification Standards for Archaeology shall perform a “tailgate” Worker
Environmental Awareness Program (WEAP) training for all construction personnel directly involved with project‐
related ground disturbance activities. The training shall include visual aids, a discussion of applicable laws and statutes relating to archaeological resources, types of resources that may be found within the project site, and procedures that shall be followed in the event such
resources are encountered.
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.
It is always possible that ground‐disturbing activities during construction may uncover previously unknown, buried
Prior to the issuance of
a Notice to Proceed for
any ground disturbance
During construction
Include requirements in
bid packages; show on
grading and construction
plans
Immediately stop grading
in area of discovery
Worker
Environmental
Awareness Program
(WEAP) training
Site inspections
Show on
construction plans
Planning and
Building
Department
designee
Qualified
Professional
Archeologist
Mitigation Measures (MMs) Implementation Timing
Monitoring/ Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
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.
Geology and Soils
Mitigation Measures (MMs) Implementation Timing
Monitoring/ Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
MM GEO-1: Prior to the issuance of grading permits, the City shall review all project plans for grading, foundation, structural, infrastructure, and all other relevant construction permits to ensure compliance with the Geotechnical and
Infiltration Evaluation recommendations.
Include requirements in
bid packages; show on
grading and construction
plans
Prior to the issuance of
grading permits
Inspections during
construction
Public Works
Department
designee;
Contractor
MM GEO-2: Prior to the issuance of the first grading permit or permit for ground disturbance activities, the Applicant shall provide evidence to the City of Anaheim Planning and Building Department that the Applicant has retained a
qualified professional paleontologist. The selection of the qualified professional(s) shall be subject to City
acceptance. In the event that paleontological resources are inadvertently unearthed during excavation and grading
activities of any future development project, the contractor shall immediately cease all earth-disturbing activities within a 100-foot radius of the area of discovery. The qualified professional shall be contacted to evaluate the significance of the finding and recommend an appropriate course of
action. If avoidance of the resource(s) is not feasible, the Applicant shall follow salvage operation requirements
pursuant to State CEQA Guidelines Section 15064.5. After the Applicant has appropriately avoided or mitigated the find, work in the area may resume.
Prior to the issuance of
grading permits
During construction
Immediately stop
grading in area of
discovery
Documentation of City
acceptance of qualified
paleontologist.
Documentation of
paleontological
discoveries.
Notification of
appropriate agencies;
Preparation of
excavation plan, as
needed.
Planning and
Building
Department
designee;
Contractor;
Qualified
Professional
Paleontologist
Tribal Cultural Resources
MM TCR-1: Prior to the issuance of any grading permit in which native soil, as identified by the geotechnical report prepared for the project, is disturbed, the property owner/developer or contractor as designee shall provide evidence in the form of an executed Agreement to the City of Anaheim Planning and
Building department that they have retained a qualified Native American tribal monitor to provide third-party monitoring during excavation and grading activities in native sediment and Include requirements in
bid packages; show on
grading and construction
plans
Prior to the issuance of
grading permits
Prior to the issuance of a
Notice to Proceed for any
Executed Agreement
with approved Native
American Monitor
Pre-construction
education meeting
Monitoring during
excavation and
grading activities
Planning and
Building
Department
designee; Native
American Monitor/
Consultant
Public Works
Inspector
Mitigation Measures (MMs) Implementation Timing
Monitoring/ Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
to recover and catalogue tribal resources as necessary. The tribal monitor shall be from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The agreement shall include (i) professional qualifications of Native American monitor; (ii) detailed scope of services to be provided including but not limited to pre-construction education, observation, evaluation, protection, salvage, notification, and/or curation requirements, as applicable, with final documentation/report to Public Works Inspector; (iii) contact information; (iv) communication protocols between Contractor and Monitor for scheduling to facilitate timely performance; (v) acknowledgment that if the tribal monitor is unavailable or unresponsive based on terms
stipulated in the agreement, property owner/developer or contractor as designee may contract with another qualified tribal monitor acceptable to the City. The selection of the qualified professional(s) shall be subject to City acceptance based on generally accepted professional qualifications and certifications, as applicable. The cover sheet of the grading plans shall include a note to identify that third-party tribal monitoring is required during excavation and grading activities in accordance the with City-approved Agreement. Contact
information for approved tribal monitor shall be provided by the contractor to the City inspector at the pre-construction meeting. ground disturbance
During excavation and
grading activities
Final Report from
Tribal Monitor