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. 384 FOR
DEV2021-00123
(1200 – 1320 SOUTH ANAHEIM BOULEVARD, 200 E. BALL
ROAD, AND 1207 S. CLAUDINA STREET)
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, Minor Conditional Use Permit, and Tentative Tract Map No. 19140 (collectively known as Development Application No. 2021- 00123), to construct 223 residential units and 4,586 square feet of commercial space, with 10 -percent of the units affordable to moderate income buyers, and a housing incentive to allow a reduced parking ratio (the "Proposed Project"), on that certain real property located at 1200 – 1320 South Anaheim Boulevard, 200 E. Ball Road, and 1207 S.
Claudina 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"), 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 D raft 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 Mitigated Negative Declaration was circulated for a 20-day public/responsible agency review on August 11, 2022, and was also made available for review on the City’s web page, with hard copies avai lable 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 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. 384"). A complete copy of MMP No. 384 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 - 2 -
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 three letters during the comment period and although not required by CEQA, the City prepared responses to the comments received. Letters and Responses are included in the Final Initial Study/Mitigated Negative Declaration. Pursuant to CEQA Guidelines Section 15073.5, none of the comments received resulted in the need to recirculate the Draft IS/MND or to prepare an Environmental Impact Report (EIR); and
WHEREAS, during the public review period for the Draft IS/MND, the applicant revised the project to remove a portion of the property from the proposed development reducing the size and number of residential units. The reduced site plan would result in either unchanged or less impactful findings and conclusions compared to the analyses presented in the Draft IS/MND. The Final IS/MND includes a summary of the minor modifications to and c larifications on the Draft IS/MND for consistency with the reduced site plan. Pursuant to CEQA Guidelines Section 15073.5, recirculation of the Draft IS/MND prior to adoption is not required; and
WHEREAS, the Draft IS/MND and Final IS/MND including comments, response to comments and errata shall be referred to herein collectively as the “Mitigated Negative Declaration” and together with Mitigation Monitoring Plan No. 384 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 October 10, 2022, the Planning Commission did hold a public hearing, notice of said public hearing havi ng 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. PC2022-085, 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 Resolut ion and contained in MM P No. 384, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 384; and
WHEREAS, upon receipt of Planning Commission recommendation, made by Resolution No. PC2022-085, the City Council did fix the 1
st day of November, 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
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WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments (if any) of all persons desiring to be heard, the City Council 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 City Council 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 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 detract from the findings made in this Resolution. The City Council expressly declares that it consid ered all evidence presented and reached these findings after due consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the City Council, 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 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. 384, 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 Propos ed Project will have a less than significant impacts upon the environment with the implementation of the mitigation measures contained in MMP No. 384 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. 384 for DEV2021-00123; and
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THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this 1st day of November, 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
EXHIBIT “B”
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Mitigation Monitoring and Reporting Program
for the
Anaheim Ball Mixed Use 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: Heather Allen, Principal Planner
Prepared by:
FirstCarbon Solutions
250 Commerce, Suite 250
Irvine, CA 92602
714.508.4100
Contact: Mary Bean, Project Director
Cecilia So, Senior Project Manager
Report Date: October 4, 2022
City of Anaheim–Anaheim Ball Mixed Use Project
Mitigation Monitoring and Reporting Program Preface
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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 Draft Initial Study and Mitigated Negative Declaration (Draft IS/MND) prepared for the Anaheim Ball Mixed Use 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 will be implemented and confirms that potential environmental impacts are 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
Anaheim Ball Mixed Use Project Mitigation Monitoring and Reporting Program
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H:\CASES\DEV Projects\DEV2021 Cases\DEV2021-00123 Anaheim Ball Mixed Use ido\Environmental\CEQA\Anaheim Ball Mixed Use Project MMRP.docx Table 1: Anaheim Ball Mixed Use Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
2.3 Air Quality
MM AQ-1: Prior to the issuance of any demolition, grading, or building permits (whichever occurs earliest), the
Owner/Developer and/or construction contractor shall
provide the City with documentation demonstrating that all off-road equipment with engines greater than 50 horsepower used during project construction meet or exceed the United States Environmental Protection Agency (EPA) or California Air Resources Board (ARB) Tier 4 Interim off-road emission standards. The construction contractor shall maintain records concerning its efforts to comply with this requirement during construction, including equipment lists. Off-road equipment descriptions and information may include but are not limited to equipment type, equipment manufacturer, equipment
identification number, engine model year, engine certification (Tier rating), horsepower, and engine serial number.
Confirm receipt of
construction contractor’s
documentation and
review project plans to
confirm compliance with
Tier 4 Interim off-road
emission standards.
Prior to the
issuance of any
demolition, grading,
or building permits
(whichever occurs
earliest).
City of Anaheim
Planning and
Building
Department.
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 a “tailgate” Worker Environmental Awareness Program (WEAP) training to 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 Confirm evidence of
WEAP training through
attendance
documentation.
The owner/developer
shall provide
documentation that a
site inspection was
completed by a qualified
Archaeologist.
If archaeological
materials are
Prior to any grading
or project-related
ground disturbance.
City of Anaheim
Planning and
Building
Department.
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Verification
Verification of Completion
Date Initial
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
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 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 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.
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Verification of Completion
Date Initial
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 TCR-1: Retention of a Native American Monitor(s) 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 Juaneño Band of Mission Indians Acjachemen Nation Native American tribe and the Gabrieleño Band of Mission Indians – Kizh Nation Native American tribe in retention of Native American Monitors (Tribal Monitors) and a copy of the executed contract shall be submitted to the City of Anaheim Planning and Building Department. The Tribal Monitors shall only be present on-site during the construction phases that involve ground-disturbing activities within disturbed and undisturbed 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 Monitors 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 monitors have indicated that the Project site has a low potential for impacting archaeological or tribal cultural resources.
Confirm retention of a
Native American (Tribal
Monitor) from the
Juaneño Band of Mission
Indians, Acjachemen
Nation Native American
tribe, and 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.
If buried cultural
resources encountered,
confirm construction
activities have ceased.
If buried cultural
resources encountered,
confirm the
development of
Prior to
commencement of
any grading and/or
construction
activity; during
construction
activities.
During construction
activities upon
discovery of any
archaeological or
Tribal Cultural
Resources (TCRs).
During ground-
disturbing activities,
if human remains
are uncovered.
City of Anaheim
Planning and
Building
Department.
City of Anaheim
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Verification
Verification of Completion
Date Initial
Unanticipated Discovery of Human Remains and Associated Funerary Objects
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 and Tribal monitors. 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 Tribes 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
allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, shall be available. The treatment plan established for the resources shall 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 shall 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, appropriate avoidance
and treatment
measures.
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.
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Verification of Completion
Date Initial
it shall be offered to a local school or historical society in the area for educational purposes.
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 Monitors, and archaeologist to inform of the discovery.
The Owner/Developer shall coordinate and consult with the county coroner, Tribal Monitors 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 descendent (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 PRC
Section 5097.98. Discovery of human remains shall also
follow CEQA Guidelines Section 15064.5; PRC Section 7050.5 and PRC Section 5097.98.
2.7 Geology and Soils
MM GEO-1: The Owner/Developer shall implement the
recommendations provided in Section 5, Preliminary
Recommendations, and Section 6, Design Considerations, in the Geotechnical Feasibility Report prepared by Alta
California Geotechnical Inc. These include general earthwork requirements for site preparation, soil removal, fill material, grading, foundation, design, and all relevant construction permits, as well as requirements related to structural design and pavement design. The Geotechnical Feasibility Report Confirm preliminary
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.
City of Anaheim
Anaheim Ball Mixed Use Project Mitigation Monitoring and Reporting Program
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Verification
Verification of Completion
Date Initial
that is included in Appendix D is incorporated herein by reference as fully set forth in this mitigation measure.
MM GEO-2: In the event that any significant paleontological resources (i.e., bones, teeth, or unusually abundant and well- preserved invertebrates or plants) be unearthed, the
construction crew shall not attempt to remove them. All work in the immediate vicinity of the discovery shall be diverted at least 15 feet until a professional Paleontologist assesses the find and, if deemed appropriate, salvages it in a timely manner. All recovered fossils shall be deposited in an
appropriate repository, where they shall be properly curated and made accessible for future study.
If any paleontological
resources are
unearthed, confirm all
work within 15 feet have
been diverted and
confirm a professional
Paleontologist has
assessed the find to
salvage and deposit
resources in an
appropriate and timely
manner.
During ground-
disturbing activities.
City of Anaheim
Planning and
Building
Department.
2.8 Greenhouse Gas Emissions
MM GHG-1: Prior to the issuance of any certificate of
occupancy for the proposed project, the Owner/Developer shall provide the City with documentation, to the City’s satisfaction, that demonstrates the proposed project would achieve GHG emission reductions equivalent to no less than 812 metric tons (MT) of carbon dioxide equivalent (CO
2e) per
year for 30 years, or 24,360 MT CO2e total, based on current estimates of the proposed project’s annual GHG emissions inventory contained in this analysis. GHG emission reductions may be achieved through any combination of the following measures or other measures approved by the City:
• Commit to purchasing 100-percent renewable
electricity.
• Install on-site solar panels that provide electricity beyond the minimum requirements according to the
current version of Title 24.
Verify Owner/Developer
has achieved reductions
through any
combination of
measures provided in
MM GHG-1.
Confirm quantity of
carbon credits
purchased by
Owner/Developer are
sufficient to offset the
proposed project’s
greenhouse gas
emissions.
Confirm all purchased
carbon credits follow
Prior to the
issuance of any
certificate of
occupancy for the
proposed project.
City of Anaheim
Planning and
Building
Department.
City of Anaheim
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Verification
Verification of Completion
Date Initial
• Install solar water heaters or other renewable
energy technologies.
• Install solar on-site charging infrastructure consistent with the Tier 2 standards contained in CALGreen
Section A4.106.6.8.
• Design and construct all residences to be all-electric, precluding the installation of natural gas plumbing
for space and water heating and appliance
operation.
• Purchase of voluntary carbon credits from a verified
GHG emissions credit broker in an account sufficient
to offset GHG emissions of no less than 812 MT CO
2e
per year for 30 years, or 24,360 MT CO2e total.
Should the Owner/Developer elect to purchase carbon
credits, all purchased carbon credits shall be pursuant to the following performance standards and requirements: (i) the carbon credits shall achieve real, permanent, quantifiable, verifiable, enforceable, and additional reductions as set forth in California Health and Safety Code Sections 38562(d)(1) and (d)(2). Such credits shall be based on protocols consistent with the criteria set forth by Section 95972, subdivision (a), of Title 17 of the California Code of Regulations, as determined by an expert qualified to make such a determination, and shall not include credits originating outside of California, except to the extent that the quality of the credits, and their sufficiency under the standards set forth herein, can be verified by an expert qualified to make such a determination.
In no event shall credits from outside the United States be used. Carbon credits must be purchased through one of the following: (i) a California Air Resources Board (ARB) approved registry, such as the Climate Action Reserve, the American Carbon Registry, or Verra (formerly known as the Verified Carbon Standard); and (ii) any registry approved by the ARB performance standards
and protocols stated in
California Health and
Safety Code Sections
38562(d)(1) and (d)(2),
and Section 95972,
subdivision (a), of Title
17 of the California Code
of Regulations.
Confirm alternative
program sufficiently
offsets the proposed
project’s GHG emissions.
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Date Initial
to act as a registry under the California Cap-and-Trade Program; or (iii) the California Air Pollution Control Officers Association’s (CAPCOA) Greenhouse Gas Reduction Exchange (GHG Rx) or any program adopted or approved by the South Coast Air Quality Management District (SCAQMD).
As an alternative to purchasing carbon credits, the
Owner/Developer may elect to contribute to carbon offsets through a local or regional program or institution in an amount sufficient to offset the proposed project’s GHG
emissions by the previously identified amounts. Contributions to a local or regional program or institution may include, but are not limited to, funding for renewable energy
infrastructure or technologies beyond what would otherwise be required for compliance with existing laws and regulations.
Carbon offsets, expressed in an amount of MT CO2e per year, realized due to contributions made by the Owner/Developer for this purpose shall reduce the required MT CO2e
reductions contained in this mitigation by an equal amount and be pursuant to the following performance standards and requirements: (i) the carbon offsets shall achieve real, permanent, quantifiable, verifiable, and enforceable
reductions as set forth in California Health and Safety Code Sections 38562(d)(1) and (d)(2); and (ii) one carbon offset shall mean the past reduction or sequestration of one MT CO2e that is “not otherwise required” (CEQA Guidelines § 15126.4(c)(3)).
2.9 Hazards and Hazardous Materials
MM HAZ-1: Prior issuance of a grading permit, a limited subsurface investigation shall be conducted in order to determine the presence or absence of soil, soil vapor, and/or groundwater contamination due to the historical use of the subject property in connection with underground storage tanks (USTs) on the project site. A Health Risk Assessment or Confirm a subsurface
investigation has been
completed and review
the findings.
Prior issuance of
grading and
building permits.
City of Anaheim
Planning and
Building
Department.
City of Anaheim
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similar shall be prepared by Owner/Developer summarizing investigation findings. If contamination is present, the Owner/Developer shall request oversight from the
Department of Toxic Substances Control (DTSC), the Regional Water Quality Control Board (RWQCB) and/or the Orange
County Health Care Agency (OCHCA), as applicable, and
comply with all requirements to remove and/or remediate contamination to appropriate levels prior to issuance of grading plan for the proposed project with any required operational controls included on construction plans.
Confirm a Health Risk
Assessment or similar
has been prepared by
the Owner/Developer
summarizing
investigation findings.
Confirm investigation
and associated
studies/assessments are
approved by applicable
oversight agency(ies).
Confirm any removal or
remediation required by
DTSC, RWQCB, and/or
OCHCA is completed
prior to grading permit
issuance.
Confirm any operational
controls required by
DTSC, RWQCB, and/or
OCHCA to be installed on
the site are identified on
construction plans.
MM HAZ-2: Prior to issuance of a grading permit, the in- ground hydraulic lift located at 1200 South Anaheim
Boulevard shall be properly removed from the project site, and confirmatory sampling shall be required to determine the current conditions of soil and groundwater due to the use of current and former hydraulic lifts at the project site. A Health Risk Assessment or similar shall be prepared by
Owner/Developer summarizing investigation findings. If
Confirm that the existing
in-ground hydraulic lift
has been properly
removed.
Review documentation
to determine
Prior to issuance of
a grading permit.
City of Anaheim
Planning and
Building
Department.
City of Anaheim
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contamination is present, the Owner/Developer shall request oversight from DTSC, RWQCB and/or OCHCA, as applicable, and comply with all requirements to remove and/or
remediate contamination prior to issuance of a grading
permit.
contamination is
present.
Confirm a Health Risk
Assessment or similar
has been prepared by
the Owner/Developer
summarizing
investigation findings.
In the event that
contamination is
present, confirm the
proper
removal/remediation of
contaminants in
compliance with existing
regulations and
consultation with DTSC,
RWQCB and/or OCHCA
has occurred.
MM HAZ-3: Prior to issuance of a demolition permit, 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) and SCAQMD Rule
1403 (Asbestos Emissions from Demolition / Renovation
Activities) prior to any activities with the potential to disturb building materials, in order to determine whether ACMs are present. In the event that ACMs are detected, the proper removal and disposal, consistent with existing regulations, of the building materials shall occur prior to any activities with the potential to disturb them.
Review and approve
comprehensive, pre-
demolition survey to
determine the presence
or absence of ACMs in
compliance with existing
regulations.
In the event that ACMs
are present, confirm the
proper removal/disposal
of contaminants
Prior to issuance of
a demolition
permit.
City of Anaheim
Planning and
Building
Department.
City of Anaheim
Anaheim Ball Mixed Use Project Mitigation Monitoring and Reporting Program
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H:\CASES\DEV Projects\DEV2021 Cases\DEV2021-00123 Anaheim Ball Mixed Use ido\Environmental\CEQA\Anaheim Ball Mixed Use Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
compliance with existing
regulations.
2.13 Noise
MM NOI-1: Prior to issuance of grading and/or building
permits, a note shall be provided on grading and building plans indicating that, during grading and construction, the property owner/developer shall be responsible for requiring contractors to implement the following measures to limit construction-related vibration impacts: Vibratory rollers shall maintain a setback of and not be utilized within a distance of at least 30 feet from the commercial warehouse building located at 1303 South Claudina Street. Site shall be staked or otherwise marked to clearly delineate area in which vibratory rollers cannot be used to compact soils during grading and asphalt during paving.
Review of grading and
building plans.
Prior to issuance of
grading and/or
building permits.
City of Anaheim
Planning and
Building
Department.
2.18 Utilities and Service Systems
MM UTL-1: A proposed residential development, Midway
Apartments, is anticipated to address the recommended
diversion improvements at the Harbor Boulevard and Katella Avenue intersection to alleviate these capacity deficient sewer segments. However, if the diversion at Harbor and Katella is not fully constructed and operational, prior to issuance of first the Building Permit for the proposed project, the Owner/Developer shall construct the diversion and make it operational.
Confirm sewer diversion
improvements have
been constructed and
operational.
Prior to issuance of
first Building
Permit.
City of Anaheim
Planning and
Building
Department.
2.20 Mandatory Findings of Significance
Implementation of MM AQ-1, MM CUL-1, MM TCR-1, MM
GEO-1, MM GEO-2, MM GHG-1, MM HAZ-1, MM HAZ-2, MM
HAZ-3, MM NOI-1, and MM UTL-1.
See MM AQ-1, MM CUL-
1, MM TCR-1, MM GEO-
1, MM GEO-2, MM GHG-
1, MM HAZ-1, MM HAZ-
2, MM HAZ-3, MM NOI-
See MM AQ-1, MM
CUL-1, MM TCR-1,
MM GEO-1, MM
GEO-2, MM GHG-1,
MM HAZ-1, MM
See MM AQ-1, MM
CUL-1, MM TCR-1,
MM GEO-1, MM
GEO-2, MM GHG-1,
MM HAZ-1, MM
City of Anaheim
Anaheim Ball Mixed Use Project Mitigation Monitoring and Reporting Program
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H:\CASES\DEV Projects\DEV2021 Cases\DEV2021-00123 Anaheim Ball Mixed Use ido\Environmental\CEQA\Anaheim Ball Mixed Use Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
1, and MM UTL-1,
above.
HAZ-2, MM HAZ-3,
MM NOI-1, and
MM UTL-1, above.
HAZ-2, MM HAZ-3,
MM NOI-1, and
MM UTL-1, above.