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. 391 FOR DEVELOPMENT
APPLICATION NO. 2023-00042
(275 AND 301 EAST SANTA ANA STREET)
WHEREAS, the City Council of the City of Anaheim (the "City Council") did receive a verified petition for a General Plan Amendment and Tentative Tract Map, (collectively known as Development Application No. 2023-00042) to construct a new residential development consisting of 56 for-sale three-story condominium townhomes with 10 percent of the units for moderate- income buyers (the "Proposed Project"), for certain real property located at 275 and 301 East Santa Ana Street 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"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, an 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 Initial Study/Mitigated Negative Declaration was circulated for a 20-day public/responsible agency review on August 15, 2024, and was also made available for review on the City’s website. A complete hard copy of the Initial Study/Mitigated Negative Declaration (IS/MND) 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 of the Anaheim Public Library located on the Second Floor at 500 West Broadway. The complete copy of the IS/MND was also available on the Office of Planning and Research’s CEQAnet database and with the Orange County Clerk-Recorder; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring Program has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project (herein referred to as "MMP No. 391"). A complete copy of MMP No. 391 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 Sections 15072(a) and (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 Sections - 2 -
15072(a) and 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 two letters during the comment period and although not required by CEQA, the City prepared responses to the comments received. Pursuant to CEQA Guidelines Section 15073.5, none of the comments received resulted in substantial revisions and there is no need to recirculate the IS/MND or to prepare an Environmental Impact Report (EIR); and
WHEREAS, the IS/MND including comments, response to comments and errata shall be referred to herein collectively as the “Mitigated Negative Declaration” and together with MMP No. 391 prepared for the Proposed Project, a copy of which has been presented to the City Council and is on file in the Planning Department and incorporated herein by this reference as though fully set forth, 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 September 23, 2024, 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, by adoption of its Resolution No. PC2024-025, and pursuant to the provisions of CEQA and the CEQA Guidelines, 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 mitigation measures attached to this Resolution and contained in MMP No. 391, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 391; and
WHEREAS, upon receipt of the Planning Commission’s recommendation, summary of evidence and report of findings and recommendations of the Planning Commission, the City Council did fix the 13th day of November 2024, as the time, and the City Council Chamber in the Civic Center as the place 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, to the extent authorized by law, the City Council desires and intends to use the Mitigated Negative Declaration and MMP No. 391, as the environmental documentation required by CEQA and the CEQA Guidelines for the Proposed Project; and WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMP No. 391 and any comments received to date, and the responses prepared, the City Council does find and determine as follows:
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1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA and the CEQA Guidelines and, together with MMP No. 391, 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 and after 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 impact upon the environment with the implementation of the mitigation measures contained in MMP No. 391 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 the Mitigated Negative Declaration and MMP No. 391 for Development Application No. 2023-00042; and WHEREAS, on November 13, 2024, the City Council did hold and conduct such public hearing, give all persons interested therein an opportunity to be heard, and receive evidence and reports and did consider the Proposed Project, including recommendations of the Planning Commission, potential environmental impacts addressed in the Mitigated Negative Declaration and MMP No. 391; and
WHEREAS, the 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 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 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 by the City Council of the City of Anaheim, 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 and the CEQA Guidelines and, together with MMP No. 391, 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 impact upon the environment with - 4 -
the implementation of the mitigation measures contained in MMP No. 391 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council; and
4. Pursuant to the above findings, the City Council determines that the Mitigated Negative Declaration and MMP No. 391, are the appropriate environmental documentation for the Proposed Project and hereby approves and adopts the Mitigated Negative Declaration and MMP No. 391 for the Proposed Project.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 13th day of November 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: _________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
EXHIBIT “B”
MMP No. 391
(DEV2023-00042)