RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TO ADOPT A MITIGATED NEGATIVE
DECLARATION FOR PROPOSED GENERAL PLAN
AMENDMENT NO. 2021-00536, RECLASSIFICATION NO.
2021-00336, CONDITIONAL USE PERMIT NO. 2021-06097,
TENTATIVE TRACT MAP NO. 19141 AND A
DEVELOPMENT AGREEMENT
(DEV2020-00248)
(1661-1673 WEST BROADWAY)
WHEREAS, the City Council of the City of Anaheim (the "City Council") did receive a verified petition for General Plan Amendment No. 2021-00536, Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097, Tentative Tract Map No. 19141, and a Development Agreement to construct a residential development consisting of 34 single-family attached residential units with modified development standards (the "Proposed Project"), on that certain real property located at 1661-1673 West Broadway 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 1.55 acres in size. The project site is located in the “C-G” General Commercial zone, and is designated for Office – Low land uses by the General Plan. The development standards and regulations of Chapter 18.06 (Multiple-Family Residential Zones) of the Anaheim Municipal Code (the "Code") shall apply to the Proposed Project contingent upon approval of Reclassification No. 2021-00336, now pending; and WHEREAS, the Proposed Project is to construct a residential development consisting of 34 single-family attached residential units with modified development standards subject to approval of Conditional Use Permit No. 2021-06097 by 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. 2021-00536 is to amend the General Plan Land Use designation from Office – Low to Mid Density Residential; and WHEREAS, Reclassification No. 2021-00336 is to reclassify the property from the “C-G” General Commercial zone to “RM-3.5” Multiple-Family Residential zone; and WHEREAS, the Development Agreement proposes to provide the developer a vested right to develop the Proposed Project in accordance with General Plan Amendment No. 2021-00536, Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097, and Tentative Tract Map No. 19141 for the term of the Development Agreement, and in return the developer would provide funding for City’s affordable housing programs; and - 2 -
WHEREAS, Conditional Use Permit No. 2021-06097 proposes to construct a residential development consisting of 34 single-family attached residential units with modified development standards; 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 Mitigated Negative Declaration was circulated for a 20-day public/responsible agency review on May 5, 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 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. 381"). A complete copy of MMRP No. 381 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 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 July 6, 2022 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 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
- 3 -
WHEREAS, by its motion, 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 MMRP No. 381, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMRP No. 381; and WHEREAS, upon receipt of Planning Commission recommendation, made by motion, the City Council did fix the ____________day of __________, 2022, 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 MMRP No. 381 and the 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 MMRP No. 381, 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. 381 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council; 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:
- 4 -
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. 381, 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. 381 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council;
3. That the City Council hereby approves and adopts Mitigated Negative Declaration and MMRP No. 381; and
4. That the City Council authorizes and directs 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.
THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this ___ day of ________, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
MAYOR PRO TEM OF THE CITY OF
ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
- 5 -
EXHIBIT B
NORTH AMERICA | EUROPE | AFRICA | AUSTRALIA | ASIA
WWW.FIRSTCARBONSOLUTIONS.COM
Mitigation Monitoring and Reporting Program #381
for the
West Broadway Townhome Project
Draft Initial Study/Mitigated Negative Declaration
City of Anaheim, Orange County, California
Prepared for:
City of Anaheim
200 South Anaheim Boulevard
Anaheim, CA 92805
714.765.5238
Contact: Andy Uk, Associate Planner
Prepared by:
FirstCarbon Solutions
250 Commerce, Suite 250
Irvine, CA 92602
714.508.4100
Contact: Glenn Lajoie, AICP, Project Director
Cecilia So, Project Manager
Report Date: April 15, 2022
City of Anaheim–West Broadway Townhome Project
Mitigation Monitoring and Reporting Program Preface
FirstCarbon Solutions 2
PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15097 requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) whenever it adopts a Mitigated Negative Declaration (MND) in conjunction with a project approval.
The purpose of the MMRP is to ensure compliance with the mitigation measures occurs during project implementation.
The Initial Study and Mitigated Negative Declaration (IS/MND) prepared for the West Broadway Townhome Project concluded that project implementation could result in potentially significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval that would reduce these potential impacts to a less than significant level. This MMRP documents how and when the mitigation measures adopted by the lead agency would be implemented and confirms that potential environmental impacts would be reduced to less than significant levels as identified in the MND.
This document does not discuss those subjects that the environmental analysis demonstrates would result in less than significant impacts and for which no mitigation was proposed or necessary.
City of Anaheim
West Broadway Townhome Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 3
Table 1: City of Anaheim–West Broadway Townhome Project Mitigation Monitoring and Reporting Program Verification of Completion
Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification Date Initial
2.4 Biological Resources
MM BIO-1: Protection of Active Bird Nests (includes pre- construction survey and implementation of avoidance
buffer, if found).
1. The removal of trees and vegetation shall be avoided during the nesting season (generally February 1 to August 31), if feasible. If avoidance of tree and vegetation removal during the nesting season is infeasible, then the following measures shall be required:
a. If ground-disturbing or vegetation-removing
construction activities occur during the nesting season (February 1 to August 31), pre-construction surveys shall be conducted by a qualified Biologist within 72 hours
prior to scheduled tree removal, to determine whether
or not active nests are present in the construction zone. b. If an active nest is located during pre-construction surveys, a qualified Biologist shall determine an
appropriately sized avoidance buffer based on the
species and anticipated disturbance level. A qualified
Biologist shall delineate the avoidance buffer using
Environmentally Sensitive Area fencing, pin flags, and or yellow caution tape. The buffer zone shall be maintained around the active nest site(s) until the young have
fledged and are foraging independently. No construction activities or construction foot traffic is allowed to occur within the avoidance buffer(s).
c. The qualified Biologist shall monitor the active nest during construction activities to prevent any potential impacts that may result from the construction of the
proposed project, until the young have fledged.
Confirm receipt of
qualified Biologist’s pre-
construction survey and
review submittal of
survey documents;
confirm on-site
monitoring by the
qualified Biologist if
active nests are present.
Prior to issuance of
grading permit and
during the nesting
season (generally
February 1 to
August 31)
City of Anaheim
Planning and
Building
Department
City of Anaheim
West Broadway Townhome Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 4
Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
2.5 Cultural Resources and Tribal Cultural Resources
MM CUL-1: 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 may 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
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 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 should 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
The owner/developer
shall provide
documentation that a
site inspection was
completed by a qualified
Archaeologist.
If archaeological
materials are
encountered, confirm
archaeological
monitoring is conducted.
Confirm compliance with
CEQA Guidelines Section
15064.5 permit(s) and
confirm receipt of DPR
forms; review qualified
Archaeologist’s
submittal of findings and
documentation.
Prior to any grading
or project-related
ground disturbance
City of Anaheim
Planning and
Building
Department
City of Anaheim
West Broadway Townhome Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 5
Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
Guidelines, mitigation measures shall be identified by the Archaeological Monitor and recommended to the Lead
Agency. Appropriate mitigation measures for significant resources could 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.
MM CUL-2: In the event of an accidental discovery or
recognition of any human remains, Public Resources Code Section 5097.98 must be followed. In this instance, once project-related earthmoving begins and if there is accidental discovery or recognition of any human remains, the following steps shall be taken:
1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the County Coroner is
contacted to determine whether the remains are Native
American and if an investigation of the cause of death is required. If the Coroner determines the remains to be
Native American, the Coroner shall contact the Native
American Heritage Commission (NAHC) within 24 hours,
and the NAHC shall identify the person or persons it
believes to be the “most likely descendant” of the
deceased Native American. The Most Likely Descendant
(MLD) may make recommendations to the landowner or
the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as
If human remains
encountered, confirm
proper notification
occurs.
If human remains are
encountered, confirm
compliance with Public
Resources Code Section
5097.98.
If the Coroner
determines the remains
to be Native American,
confirm the County
Coroner contacts the
NAHC within 24 hours.
During project-
related
earthmoving
ground
disturbance; prior
to construction;
during construction
City of Anaheim
Planning and
Building
Department
City of Anaheim
West Broadway Townhome Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 6
Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
provided in Public Resources Section 5097.98, or
2. Where the following conditions occur, the landowner or his/her authorized representative shall rebury the Native American human remains and associated grave goods with
appropriate dignity either in accordance with the
recommendations of the MLD or on the project site in a
location not subject to further subsurface disturbance:
The NAHC is unable to identify a MLD or the MLD failed to make a recommendation within 48 hours after being
notified by the commission.
The descendant identified fails to make a
recommendation.
The landowner or his authorized representative rejects the recommendation of the descendant, and the
mediation by the NAHC fails to provide measures
acceptable to the landowner.
2.5 Tribal Cultural
MM TCR-1: Retention of a Native American Monitor Prior to Commencement of Ground-Disturbing Activities
Prior to the commencement of any grading and/or
construction activity, the owner/developer shall coordinate with the Gabrieleño Band of Mission Indians–Kizh Nation Native American tribe in retention of a Native American Monitor (Tribal Monitor) and a copy of the executed contract shall be submitted to the City of Anaheim Planning and
Building Department. The Tribal Monitor shall 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, demolition of existing structures, potholing or auguring, grubbing, tree removals, boring, grading,
excavation, drilling, and trenching, within the project site.
The Tribal Monitor shall complete daily monitoring logs that Confirm retention of a
Native American (Tribal
Monitor) from the
Gabrieleño Band of
Mission Indians–Kizh
Nation Native American
tribe by receipt of a copy
of the executed
contract.
Confirm receipt of daily
monitoring logs.
Prior to
commencement of
any grading and/or
construction
activity; during
construction
activities
City of Anaheim
Planning and
Building
Department
City of Anaheim
West Broadway Townhome Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 7
Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
shall 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 (TCRs).
MM TCR-2: Unanticipated Discovery of Human Remains and
Associated Funerary Objects
Upon discovery of any archaeological or Tribal Cultural Resources (TCRs), construction activities shall cease in the immediate vicinity of the find until the find can be assessed.
All archaeological and/or TCRs unearthed by project
construction activities shall be evaluated by the qualified Archaeologist and Tribal Monitor. If the resources are Native American in origin, the Tribal Representative shall coordinate with the owner/developer regarding treatment and curation of these resources. Typically, the Tribe shall 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 §
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 Public Resources Section 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 If buried cultural
resources encountered,
confirm construction
activities have ceased.
If buried cultural
resources encountered,
confirm the
development of
appropriate avoidance
and treatment
measures.
During construction
activities upon
discovery of any
archaeological or
Tribal Cultural
Resources (TCRs)
City of Anaheim
Planning and
Building
Department
City of Anaheim
West Broadway Townhome Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 8
Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
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.
MM TCR-3: Procedures for Burials and Funerary Remains
In the event that human remains are uncovered during
ground-disturbing activities, the owner/developer shall cease ground-disturbing activities and contact the County Coroner, Tribal Monitor, and Archaeologist to inform of the discovery.
The owner/developer shall coordinate and consult with the County Coroner, Tribal Monitor and Archaeologist for
advisory on the matter, protocol, and any applicable
mitigating requirements. Additionally, if the remains are determined to be of Native American origin, the Most Likely Descendant (MLD), as the Native American Heritage
Commission (NAHC) shall be contacted by the
owner/developer to determine proper treatment and
disposition of the remains. To protect the area in which the Native American human remains are present, development
activity shall cease until consultation with the MLD is complete regarding recommendations pursuant to Public
Resources Section 5097.98. Discovery of human remains shall also follow CEQA Guidelines Section 15064.5; Public
Resources Section 7050.5 and Public Resources Section
5097.98.
If human remains are
uncovered, confirm
construction activities
have ceased and the
County Coroner has
been contacted.
If the remains are
determined to be of
Native American origin,
confirm the MLD and
NAHC have been
contacted.
If human remains are
uncovered, confirm
compliance with CEQA
Guidelines Section
15064.5; Public
Resources Section
7050.5 and Public
Resources Section
5097.98.
During ground-
disturbing activities,
if human remains
are uncovered
City of Anaheim
Planning and
Building
Department
MM TCR-4: Prior to the commencement of any grading
and/or construction activity, the owner/developer shall retain a Native American Monitor (Tribal Monitor) and a copy Confirm retention of a
Native American (Tribal
Monitor) by receipt of a
Prior to the
commencement of
any grading and/or
City of Anaheim
Planning and
Building
City of Anaheim
West Broadway Townhome Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 9
Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
of the executed contract shall be submitted to the City of Anaheim Planning and Building Department. The Tribal
Monitor shall 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, demolition of existing structures, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the project site. The Tribal Monitor shall complete daily
monitoring logs that shall 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 Tribal Monitor have indicated that the project site has a low
potential for impacting archaeological or Tribal Cultural Resources (TCRs).
Upon discovery of any archaeological or TCRs, construction activities shall cease in the immediate vicinity of the find until the find can be assessed. All archaeological and/or TCRs unearthed by project construction activities shall be
evaluated by the qualified Archaeologist and Tribal Monitor.
If the resources are Native American in origin, the Tribal Representative shall coordinate with the owner/developer regarding treatment and curation of these resources.
Typically, the Tribe shall 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 SS 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 copy of the executed
contract.
Confirm receipt of daily
monitoring logs.
Upon discovery of any
archaeological or TCRs,
confirm construction
activities cease in the
immediate vicinity of the
find until the find can be
assessed.
If the resources are
Native American in
origin, confirm
coordinate with the
Tribal Representative
and the
owner/developer
regarding treatment and
curation of these
resources.
construction
activity
Department
City of Anaheim
West Broadway Townhome Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 10
Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
for the resources shall be in accordance with CEQA
Guidelines Section 15064.5(f) for historical resources and 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, 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.
In the event that human remains are uncovered during
ground-disturbing activities, the project developer shall cease ground-disturbing activities and contact the County Coroner, Tribal Monitor, and Archaeologist to inform of the discovery.
The project developer shall coordinate and consult with the County Coroner, Tribal Monitor, and Archaeologist for
advisory on the matter, protocol, and any applicable
mitigating requirements. Additionally, If the remains are determined to be of Native American origin, the Most Likely Descendant (MLD), as the Native American Heritage
Commission (NAHC) shall be contacted by the project
developer to determine proper treatment and disposition of the remains. To protect the area in which the Native
American human remains are present, development activity shall cease until consultation with the MLD is complete regarding recommendations pursuant to Public Resources
Section 5097.98. Discovery of human remains shall also
City of Anaheim
West Broadway Townhome Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 11
Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
follow CEQA Guidelines Section 15064.5; Public Resources Section 7050.5 and Public Resources Section 5097.98.
2.7 Geology and Soils
MM GEO-1: The owner/developer would be required to
implement the recommendations provided on Page 14
through Page 32 in the Geotechnical Investigation prepared by Alta California Geotechnical, Inc. (Alta), on January 4, 2021. The Geotechnical recommendations that are explained in detail on Page 14 through Page 32 of the Geotechnical Investigation shall be implemented. These include general earthwork requirements for site preparation, removal of unsuitable soils, over-excavation of building pads,
compaction standards, groundwater and seepage,
documentation, treatment of removal bottoms, fill
placement, moisture content, mixing, import soils, utility trenches, back-cut stability, storm water infiltration systems, and boundary conditions. Additionally, these include
requirements related to structural design, foundation design, foundation systems, slabs, moisture barriers, seismic design, walls, footing excavations, slabs and walkways, concrete design, corrosion, pavement design, as well as lot
maintenance, and future plan reviews. The Geotechnical
Investigation included in Appendix D is incorporated herein by reference as fully set forth in this mitigation measure.
Confirm
recommendations from
the Geotechnical
Investigation have been
incorporated into
project construction
documents.
Conduct on-site
inspection.
Prior to ground-
disturbing activities
and during
construction
activities
City of Anaheim
Planning and
Building
Department
MM GEO-2: If it is determined that fossil-bearing sediments are present on-site, a qualified Monitor shall be required to be present during any ground-disturbing activities during the project. In the event that fossils or fossil-bearing deposits are discovered during construction activities, excavations within a 100-foot radius of the find shall be temporarily halted or diverted, and the owner/developer shall retain a qualified Paleontologist to examine the discovery. The Paleontologist shall document the discovery in accordance with Society of If it is determined that
fossil-bearing sediments
are present on-site,
confirm a qualified
Monitor and/or
Paleontologist is present
on-site during ground-
disturbing activities.
During ground-
disturbing activities
City of Anaheim
Planning and
Building
Department
City of Anaheim
West Broadway Townhome Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 12
Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
Vertebrate Paleontology standards. The Paleontologist shall determine procedures that would be followed before
construction activities are allowed to resume at the location of the find. If the owner/developer determines that
avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of construction activities on the discovery. The plan shall be submitted to the City of Anaheim for review and approval prior to
implementation, and the owner/developer shall adhere to the recommendations in the plan.
If avoidance is not
feasible, review and
approve an excavation
plan.
2.9 Hazards and Hazardous Materials
MM HAZ-1: The owner/developer shall conduct a
comprehensive, pre-demolition asbestos-containing
materials (ACM) survey in accordance with the sampling
protocol of the Asbestos Hazard Emergency Response Act
(AHERA) prior to any activities with the potential to disturb building materials, in order to determine whether ACMs are present. The owner/developer shall submit the ACM survey to the City prior to issuance of a demolition permit. In the event that ACMs are detected, the proper removal and
disposal, consistent with existing regulations, of the building materials would occur prior to any activities with the
potential to disturb them.
Review and approve
comprehensive, pre-
demolition ACM survey.
In the event that ACMs
are detected, confirm
the proper removal and
disposal of the building
materials, and
compliance with existing
regulations.
Prior to any
activities with the
potential to disturb
building materials
City of Anaheim
Planning and
Building
Department2.10 Hydrology and Water Quality
Implement MM GEO-1. See MM GEO-1. See MM GEO-1. See MM GEO-1.
2.20 Mandatory Findings of Significance
Implementation of MM BIO-1, MM CUL-1, MM CUL-2, MM
TCR-1, MM TCR-2, MM TCR-3, MM TCR-4, MM GEO-1, MM
GEO-2, and MM HAZ-1.
See MM BIO-1, MM
CUL-1, MM CUL-2, MM
TCR-1, MM TCR-2, MM
TCR-3, MM TCR-4, MM
GEO-1, MM GEO-2, and
See MM BIO-1, MM
CUL-1, MM CUL-2,
MM TCR-1, MM
TCR-2, MM TCR-3,
MM TCR-4, MM
See MM BIO-1, MM
CUL-1, MM CUL-2,
MM TCR-1, MM
TCR-2, MM TCR-3,
MM TCR-4, MM
City of Anaheim
West Broadway Townhome Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 13
Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
MM HAZ-1, above. GEO-1, MM GEO-2,
and MM HAZ-1,
above.
GEO-1, MM GEO-2,
and MM HAZ-1,
above.