RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROV ING AND ADOPT ING AN ADDENDUM
TO THE PREVIOUSLY -CERTIFIED ENVIRONMENTAL
IMPACT REPORT NO. 331 AND MITIGATION MONITORING
PLAN NO. 389 (MMP 389), AND DETERMINING THAT SAID
ADDENDUM AND MMP 389, TOGETHER SERVE AS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR
THE GYPSUM CANYON CEMETERY PROJECT
(DEV2020-00204)
WHEREAS, the City Council of the City of Anaheim (the " City Council") did receive a verified petition from Orange County Cemetery District (“Owner”) for a tentative parcel map , conditional use permit, and amendments to the General Plan Land Use Element, Mountain Park Specific Plan No. 90-4, and the Zoning Code for certain real property located southeast of the State Route 91 and Gypsum Canyon Road interchange, at the terminus of Santa Ana Canyon Road in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 283- acres in area and is currently vacant. The property is designated for Low Medium Density Residential land uses in the General Plan. The property is also located in the Mountain Park Specific Plan No. 90-4 and is subject to the proposed amended zoning and development standards contained in Chapter 18.112 (Mountain Park Specific Plan No. 90-4), now pending, of the Zoning Code (the “Code”); and,
WHEREAS, the General Plan Amendment , Specific Plan Amendment, Zoning Code Amendment, Conditional Use Permit, and Tentative Parcel Map No. 2022-160 shall be referred to herein collectively as the "Proposed Project"; and
WHEREAS, the Mountain Park Specific Plan No. 90- 4 comprises approximately 3,001- acres located in Gypsum Canyon, south of the Riverside (SR -91) Freeway and east and west of the Eastern Transportation Corridor (SR-241); and
WHEREAS, on August 23, 2005, the City Council certified Final Environmental Impact Report No. 331 (FEIR No. 331), a copy of which has been presented to the City Council and is on file in the Planning and Building Department and incorporated herein by this reference as though fully set forth , adopted Mitigation Monitoring Program No. 137 (MMP 137) , and adopted an amendment to the Mountain Park Specific Plan that amended the land uses in the specific plan, including decreasing the intensity of development from 7,966 residential units to 2,500 units, collectively the “Approved Project”; and
WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act of 1970, as amended (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for the Implementatio n 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 docum ents for the Proposed Project; and
WHEREAS, the previously- certified environmental documents for development in the Mountain Park Specific Plan , specifically FEIR No. 311 and MMP 137 constitute the “Previous Analysis” for purposes of CEQA; and
WHEREAS, in connection with the Proposed Project, the Addendum to FEIR No. 331 (“Addendum”), dated May 2024, a copy of which has been presented to the City Council and is on file in the Planning and Building Department and incorporated herein by this reference as though fully set forth, has been prepared pursuant to provision of State CEQA Guidelines Section 15164 in order to determine whether any significant environmental impacts which were not identified in the Previous Analysis would result or whether pr eviously identified significant impacts would be substantially more severe; and
WHEREAS, Mitigation Monitoring Program No. 389 (MMP 389) has been created to mitigate the impacts of the P roposed Project and includes all applicable project design features, standard conditions, and mitigation measures from MMP 137: and
WHEREAS, the Previous Analysis, Addendum, and MMP 389 collectively constitute the environmental documentation under and pursuant to CEQA, and the State CEQA Guidelines relating to the Proposed Project and shall be referred to herein collectively as the "CEQA Documents"; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 17, 2024, at 5:00 p.m., and 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 and testimony concerning the contents and sufficiency of the Addendum and MMP 389, to hear and consider evidence and testimony for and against the Proposed Project, and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, at said public hearing and based upon its independent review, analysis, and consideration of the environmental information contained in the Addendum and MMP 389 prepared in connection with the Proposed Project, the Planning Commission found substantial evidence in the record to support its actions and did adopt its Resolution No. PC2024-015 finding and recommending that the City Council adopt the Addendum and MMP 389, and determining that (i) Addendum was prepared for the Proposed Project in compliance with the requirements of the CEQA and all applicable CEQA Guidelines; (ii) Addendum reflects the independent judgment and analysis of the City; (iii) Addendum is adequate to serve as the appropriate environmental documentation for the Proposed Project satisfying the requirements of CEQA supplemental review; and, (iv) no further environmental documentation needs to be prepared for CEQA for the Proposed Project; 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 23rd day of July, 2024, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing for the purpose of considering the Proposed Project, the Addendum and MMP 389, and did give notice thereof in the manner and as provided by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code; and
WHEREAS, to the extent authorized by law, the City desires and intends to use the Addendum and MMP 390 as the environmental documentation required by CEQA and the CEQA Guidelines for the Proposed Project; and
WHEREAS, on July 23, 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 Addendum and MMP 389; 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 t he 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 that negates 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, after due consideration, inspection, investigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing, does h ereby find:
1. That the Addendum was prepared for the Proposed Project in compliance with the requirements of CEQA and the State CEQA Guidelines.
2. That, based upon the evidence submitted and as demonstrated by the analysis included in the Addendum, none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred; specifically:
(a) There have not been any substantial changes in the Approved Project or the Proposed Project that require major revisions of the CEQA Documents because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
(b) There have not been any substantial changes with respect to the circumstances under which the Proposed Project is undertaken that require major revisions of the CEQA Documents due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
(c) There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time FEIR No. 331 was certified as complete or the other CEQA Documents were adopted, that shows any of the following: (a) the Proposed Project will have one or more significant effects not discussed in FEIR No. 331 or the other CEQA Documents; (b) significant effects previously examined will be substantially more severe than shown in FEIR No. 331 or the other CEQA Documents; (c) mitigation measures or alternatives previously found not to be feasible would, in fact, be feasible and would substantially reduce one or more significant effects of the Proposed Project, but the Owner declines to adopt the mi tigation measures or alternatives; or (d) mitigation measures or alternatives which are considerably different from those analyzed in FEIR No. 331 or the other CEQA Documents would substantially reduce one or more significant effects on the environment, but the Owner declined to adopt the mitigation measures or alternatives.
3. In connection with the Proposed Project and the City Council’s review of the Addendum, the City Council has independently reviewed all of the CEQA Documents and has exercised its independent judgment in making the findings and determinations set forth herein.
4. Pursuant to the above findings, City Council determine s that the Addendum to FEIR No. 331, MMP 1 37 adopted for FEIR No. 331, and MMP 389, together is the appropriate environmental documentation for the Proposed Project and hereby approve s and adopt the Addendum and MMP 389 (Exhibit B) for the Proposed Project.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this ____ day of ______________, 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
Mitigation Monitoring Plan No. 389 for Gypsum Canyon Cemetery Project DEV 2020-00204
MITIGATION MONITORING PLAN NO. 389
FOR
ADDENDUM TO FEIR NO. 331 (GYPSUM CANYON CEMETERY PROJECT – DEV 2020-00204)
CEQA Action: Addendum No. 1 to Environmental Impact Report No. 331
1. Project Description: The Gypsum Canyon Cemetery project requires approval of the following entitlements:
A) Addendum No. 1 to Final Environmental Impact Report No. 331 (EIR No. 331) and Mitigation Monitoring Program No. 137 (MMP No. 137) together with other previously approved environmental documents.
B) General Plan Amendment
C) Anaheim Municipal Code Amendment
D) Mountain Park Specific Plan Amendment
E) Conditional Use Permit
F) Tentative Parcel Map (2022-160)
2. Property Owner/Developer: Orange County Cemetery District 25751 Trabuco Road
Lake Forest, CA 92630.
3. Environmental Equivalent/Timing – Any Mitigation Measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed “environmental equivalent/timing” and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency/timing shall be borne by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City’s adopted fee schedule.
4. Timing: This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Plan will occur because routine City practices and procedures will ensure that the intent of the measure has been complied with. For example, if the timing is “to be shown on approved building plans” subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance.
5. Responsibility for Monitoring – Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure.
6. Ongoing Mitigation Measures – The mitigation measures that are designated to occur on an ongoing basis as part of this mitigation monitoring plan will be monitored in the form of an annual letter from the property owner/developer in January of each year stating how compliance with the subject measures(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored “Ongoing During Construction,” the annual letter will review those measures only while construction is occurring. Monitoring will be discontinued after construction is completed.
7. Building Permit – For purposes of this mitigation monitoring plan, a building permit shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building.
Measure No. Timing Measure Responsible for
Monitoring Completion
3.1 Land Use and Planning
No Standard Conditions, project design features, or mitigation measures were identified in MMP No. 137 pertaining to land use and planning.
3.2 Landform and Aesthetics
Standard Conditions
SC 2-1 Prior to
approval of
grading plans.
Prior to approval of grading plans, the property owner/developer shall provide grading plans to the Department of Public Works demonstrating that graded areas will be compatible with natural landform characteristics in conformance with the Anaheim Municipal Code, Title 17 Land Development and Resources, the City of Anaheim Grading Design Manual and Hillside Grading Procedures, the Mountain Park Specific Plan Grading Concept and Hillside Grading and Landscape Policies, and the most recent version of the California Building Code (CBC).
Department of Public
Works/Planning &
Building Department
SC 2-2 Prior to
approval of
precise grading
plans.
Prior to approval of precise grading plans, the property owner/developer shall prepare a detailed slope landscape plan, which shall be approved by the Department of Public Works. The plan shall be certified by a licensed landscape architect and be prepared in compliance with Section 17.06 of the City of Anaheim Municipal Code and the Mountain Park Specific Plan Grading Concept and Hillside Grading and Landscape Policies to blend landscape features with the existing environment. In addition, the landscape plan shall conform to the preliminary landscape plan approv ed in conjunction with the development area plans.
Department of Public
Works/Planning &
Building Department
SC 2-3 Prior to
approval of
grading plans.
Tree replacement shall be conducted consistent with Section 18.112.070.
Prior to approval of grading plans, the property owner/developer shall provide a Specimen Tree Removal Plan to the Planning Department demonstrating that the proposed project has been designed in accordance with the provisions of Chapter 18.112.070 and required tree replacement. The Specimen Tree Removal Plan will include an inventory of directly and indirectly affected trees that shall be determined either by referencing existing tree inventory data collected on the subject property or having a qualified a rborist conduct an assessment based on the final, approved limits of development. The tree inventory will determine the species, number, sizes, and health of all trees to be impacted by the approved project and will be used to determine compensation ratios based on City of Anaheim (City) requirements. Protected trees shall not be removed or trimmed without proper City permits. All Specimen Trees shall be replaced by four trees from the City’s Replacement Tree List (Table 18 -B) in Section 18.18.040. In addit ion, per Municipal Code Planning & Building
Department
Measure No. Timing Measure Responsible for
Monitoring Completion
18.112.070 each specimen tree removed will be replaced by additional trees chosen from Table 1 Mountain Park Tree List, up to an overall replacement ratio of 20 to 1. Compensatory planting should be conducted within the portion of the project area that would remain undeveloped under the approved plans, or at an off -site location as approved by the City.
SC 2-4 Prior to
approval of
street
improvement
plans for a
development
area.
Prior to approval of street improvement plans for a development area; the property owner/developer shall submit a detailed lighting plan for review and approval by the Public Utilities Department. The plan shall be reviewed for compliance with adopted City standards.
Public Utilities
Department
Project Design Features
PDF 2-1 In conjunction
with the
submittal of
each tentative
tract or parcel
map.
The Mountain Park Specific Plan provides for replacement of oak, sycamore, willow and other native trees removed as a result of the project at a ratio of 20:1. In conjunction with the submittal of each tentative tract or parcel map, the property owner/developer shall submit a Detailed Landscape Plan to the Planning Department demonstrating that trees removed from the site will be replaced at a total ratio of 20:1.
The 20:1 ratio is achieved using a combination of the Scenic Corridor Overlay tree list (Anaheim Zoning Code Chapter 18.18, Table 18 -B), and the Mountain Park Specific Plan Tree List.
Department of Public
Works/Planning &
Building Department
3.3 Geology and Soils
Standard Conditions
SC 3-1 Prior to
issuance of
each building
permit.
Prior to issuance of each building permit, the property owner/developer shall demonstrate that each structure has been designed in accordance with the most recent seismic standards in the CBC (California Building Code) and approved by the Chief Building Official. The CABC contains provisions that regulate the design and construction of excavations, foundations, retaining walls and other building elements to control the effects of seismic ground shaking and adverse soil conditions.
Chief Building Official
SC 3-2 Prior to
issuance of
building
permits.
Prior to issuance of building permits, the property owner/developer shall submit building pad certifications to the Department of Public Works, as required in Code Section 17.06, documenting that grading has been completed in conformance with the Anaheim Municipal Code, Title 17- Land Development and Resources, the City of Anaheim Grading Design Manual and Grading Plan Procedures, and the Mountain Park Specific Plan Grading Concept and Hillside Grading and Landscape Policies.
Department of Public
Works/Planning &
Building Department
Measure No. Timing Measure Responsible for
Monitoring Completion
SC 3-3 Prior to
approval of
each mass
grading plan.
In compliance with the Anaheim Municipal Code, prior to approval of each mass grading plan, the property owner/developer shall submit a preliminary Works, and geotechnical report prepared by an engineering geologist and geotechnical engineer to the Department of Public Works for review and approval. This report shall be prepared to the satisfaction of the City Engineer and shall address soil and geology related constraints and hazards identified in EIR No. 331 such as slope stability, settlement, liquefaction, and related secondary seismic hazards.
Specifically, the report shall:
• Include an assessment of potential soil related constraints such as stability of proposed cut, fill and natural slopes. Conduct further subsurface exploration to refine geologic structure for cut slope stability. If the report finds stabilization necessary, grading plans shall require corrective measures to address the need for stabilization;
• Include an assessment of on- site landslides and appropriate corrective measures, such as further subsurface exploration of landslide areas beneath planned fills and development areas.
Corrective measures would include complete removal, if feasible or stabilization or buttressing of the landslide. This would involve partial removal of the landslide and stabilizing potential future movement with earthen fill or reinforced materials;
• Include subsurface exploration of alluvial and canyon drainage areas beneath planned fills or development areas;
• Evaluate excavation characteristics of on-site earth materials; • Include subsurface exploration to refine geologic structure for cut slope stability;
• Establish specific remedial grading requirements, including but not limited to establishing parameters for stabilization/buttressing of slopes, removal of unstable soil materials; Provide grading, foundation, and structural design recommendations based on findings of future geotechnical investigations;
• Address settlement, liquefaction, and structural design recommendations. Grading plans shall incorporate removal, where feasible, of all potentially liquefiable alluvium. The grading plans shall also incorporate placement of engineered fill in the canyons and installation of a subdrain system;
Department of Public
Works/Planning &
Building Department
Measure No. Timing Measure Responsible for
Monitoring Completion
• Address the potential for expansive soils. Representative soil samples of near-surface soil material shall be collected and tested for expansion potential after the completion of rough grading on- site.
Expansive soils that are detrimental to the project shall be subject to special building/foundation design, deepened foundations, post- tension foundations, soil removal, selective grading to blend highly expansive soils with soils of low expansivity, moisture conditioning, or other corrective measures as recommended by a licensed soils/geotechnical engineer and approved by the City Engineer prior to approval of each grading plan;
• Include an evaluation of potentially corrosive soils and recommend appropriate corrective measures. If corrosive soils are found, corrective measures shall be incorporated into the grading plans; • Address collapsible/compressible material. This material shall be subject to removal or other corrective measures in all areas planned for structural fill. Topsoil, colluvium, alluvium, highly weathered bedrock, and landslide materials with settlement potential shall be subject to corrective measures such as removal and recompaction, surcharging, settlement monitoring, and/or other measures deemed appropriate by the geotechnical engineer of record and approved by the City Engineer prior to approval of each grading plan; • Include appropriate laboratory testing to define soil engineering parameters;
• Include additional refraction lines to better ascertain rock hardness and rippability for specific planned cut areas;
• Include a review of seismic and faulting conditions on -site. Seismic design parameters identified for the project shall be incorporated into project design as applicable. Caltrans seismic design criteria for the proposed overcrossings shall be incorporated into overcrossing design and implementation; and,
• Corrective work within Caltrans right- of-way shall be done in accordance with Caltrans standard specifications.
Mitigation Measures
MM 3-1 Prior to the
approval of
each rough
grading plan.
Prior to the approval of each rough grading plan, the property owner/developer shall submit a site specific geotechnical report prepared by a civil engineer based on recommendations of the preliminary geotechnical reports required under SC 3 -3 to the Department of Public Works for review and approval. Site -specific Department of Public
Works/Planning &
Building Department
Measure No. Timing Measure Responsible for
Monitoring Completion
geotechnical studies shall provide specific feasible recommendations for soils engineering, appropriate drains and subdrains in each Development Area. As part of addressing the potential affects of groundwater on slope stability during future site specific investigations, the property owner/developer shall obtain and provide data from piezometers installed through the alluvium of Gypsum Canyon into the underlying bedrock, near proposed toe of slopes. The piezometers should be monitored for a period of one y ear to evaluate the potential artesian conditions with consideration for seasonal fluctuations in groundwater elevations.
MM 3-2 Prior to the
approval of
each grading
plan.
Prior to the approval of each grading plan, a note shall be added to the grading plan requiring that during grading operations, all grading and earthwork shall be performed under the observation of a registered geotechnical engineer in order to achieve proper sub- grade preparation, selection of satisfactory materials, and placement and compaction of all structural fill. An engineering geologist shall map cut slopes during grading to identify any laterally continuous, adversely oriented, broken or fractured zones that may reduce slope stability. The note shall be prepared to the satisfaction of the Department of Public Works.
Department of Public
Works/Planning &
Building Department
3.4 Hydrology
Project Design Features
PDF 4-1 Prior to
approval of the
first mass
grading plan.
The Mountain Park Specific Plan includes a Proposed Drainage System Plan (refer to Exhibit 3 -9 of the Draft EIR included in Attachment A).
Prior to approval of the first mass grading plan, the property owner/developer shall submit a Drainage and Runoff Management Plan (RMP) to the Department of Public Works for review and approval.
The RMP shall demonstrate substantial conformance with the Proposed Drainage System included in the Mountain Park Specific Plan. The Drainage and Runoff Management Plan shall include the approximate timing for construction of the following drainage facilities:
A. Gypsum Canyon Road/SR -91 Box Culvert Modification: A 1,500 linear foot culvert modification will be constructed at the downstream end of Gypsum Canyon to address existing deficiencies and accommodate proposed peak flows from the project site. The proposed storm drain improvement plan will extend the Gypsum Canyon Road/SR-91 box culvert inlet structure approximately 1,500 feet upstream following the existing alignment of the Gypsum Creek. At this location, the proposed Gypsum Canyon Road will be designed to serve as an impoundment to retain storm water runo ff up to approximately 17 feet, which produces sufficient hydraulic Department of Public
Works/Planning &
Building Department
Measure No. Timing Measure Responsible for
Monitoring Completion
head to convey 5,500 cfs through the culvert into Featherly Park.
The elevation difference between the flow line of the culvert inlet and the top of the road is expected to be approximately 20 feet, allowing for a freeboard of three feet. The extension of the culvert upstream, with the described design modifications to the inlet control, will prevent flooding onto Gypsum Canyon Road during large storm events. The proposed modification of the culvert will improve the flood control design capacity of the culv ert from a 10 - year storm event to a 100 -year storm event. A confirmation of the structural integrity and design calculations of the existing culvert structure shall be completed prior to final design of the new box culvert extension.
B. West Drainage Area Storm Drain Improvement: Minor storm drain improvements to an existing undersized 36-inch reinforced concrete pipe (RCP) that collects off-site runoff from the undisturbed slopes draining into The Summit will be upsized to the capacity of a 54-inch RCP for proper conveyance of the project flows into the existing 66-inch RCP.
C. SR-91/Gypsum Canyon Road Storm Drain Improvement: A
minor storm drain improvement will be implemented for the 4-acre sub-area that used to drain into the existing culvert inlet but will not adequately drain after the culvert extension. The improvement will consist of a riser tower and a RCP (size to be determined) to collect the flows and connect directly into the triple box culvert at the approximate location of the existing culvert inlet.
D. Featherly Regional Park Channel Improvements: The
improvements to the box culvert outlet for energy dissipation of flood flows will include a concrete apron followed by riprap to reduce velocities down to the 10 to 12 feet per second (fps) range.
Riprap will also be added to the embankments beyond the concrete apron. To provide additional stabilization of the channel downstream, flow velocities will be decreased to the range of 10 to 12 fps where turf -
reinforced mesh blankets will be used, and
vegetation re- established along the channel bottom and embankments. Turf -reinforced blankets (or equivalent alternatives) will continue along the embankment up to a maximum of 340 feet beyond the riprap leading up to the existing road crossing. Prior to approval of a grading permit, the property owner/developer shall provide evidence to the Department of Public Works that the design and construction of these improvements have been approved Measure No. Timing Measure Responsible for
Monitoring Completion
by the County of Orange Harbors, Beaches and Parks Department.
E. Outlet Points to Natural Channels: Energy dissipation/velocity reduction devices will be employed to ensure flows are released at nonerosive velocities. Such devices may include: riprap, geotextiles, granule filters, fills, grade control structures and/or check dams, or equivalent measures.
F. Vegetated Floodwall for Community Center: As part of final design, a vegetated floodwall would be incorporated into the portion of the slope downstream of the community center as necessary to satisfy flood control requirements.
3.5 Water Quality
Standard Conditions
SC 5-1 Prior to the
approval of
each mass or
rough grading
plan.
Prior to approval of each mass or rough grading plan, the property owner/developer shall submit a project water quality management plan (WQMP) to the Department of Public Works for review and approval.
The
WQMP shall demonstrate compliance with the implementation plans under the Orange County MS4 Permit, namely the Drainage Area Management Plan/Local Implementation Plan (DAMP/LIP).
Department of Public
Works/Planning &
Building Department
SC 5-2 Prior to the
approval of
grading plans.
Prior to the approval of grading plans, the property owner/developer shall provide written evidence to the Department of Public Works that it has filed a Notice of Intent with the Regional Water Quality Control Board in order to obtain coverage under the National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction and Land Disturbanc e Activities Order No. 2022- 0057- DWQ, NPDES No. CAS000002 (Construction Stormwater General Permit), or the latest approved CGP. Pursuant to the pe rmit requirements, the property owner/developer shall develop a Stormwater Pollution Prevention Plan (SWPPP) that incorporates Best Management Practices for reducing or eliminating construction related pollutants in the site runoff.
Department of Public
Works/Planning &
Building Department
SC 5-3 Prior to
approval of a
grading plan.
Prior to approval of a grading plan, the Department of Public Works shall verify that the project complies with the Waste Discharge Requirements (WDR) Permit for Discharges to Surface Waters That Pose an Insignificant (De Minimis) Threat to Water Quality (Groundwater Discharge Permit) (Order No. R8 -2020-0006, NPDES No. CAG998001) (or latest approved equivalent) and shall govern discharges from construction dewatering and water line/sprinkler line testing should they occur during construction. The property owner/developer shall comply with these regulations including Department of Public
Works/Planning &
Building Department
Measure No. Timing Measure Responsible for
Monitoring Completion
provisions requiring notification, testing and reporting of dewatering and testing-related discharges, which shall mitigate any impacts of such discharges.
Project Design Features
PDF 5-1 Prior to
approval of
each mass or
rough grading
plan.
In furtherance of the Orange County Drainage Area Management Plan/City of Anaheim Local Implementation Plan (DAMP/LIP) requirements, the Mountain Park Specific Plan includes the following project design features that shall be incorporated into the final project Water Quality Management Plan (WQMP). These design features meet or exceed the requirements of the DAMP/LIP. Prior to approval of each mass or rough grading plan, the property owner/developer shall submit the Final WQMP to the Department of Public Wor ks incorporating the following measures:
• Site Design BMPs: The following site design BMPs are practices designed to minimize runoff and the introduction of pollutants in storm water runoff.
o Minimize Impervious Area and Impervious Areas Directly Connected to Storm Drains
Minimize impervious areas by incorporating landscaped areas over substantial portions of the project area consistent with the Development Plan and Concept Landscape Plans.
Single family residential landscape areas shall be determined by zoning development standards, including setbacks, lot coverage, street parkway standards, and design objectives; Minimize directly connected impervious area by draining parking lots to landscaped areas or bioretention facilities to promote filtration and infiltration of storm water, if
landscaping slopes are less than 2 percent and the project is not adjacent to steep slopes;
Utilize vegetated areas, e.g., setbacks, swales, end islands, and median strips, for biofiltration and bioretention of nuisance and storm runoff flows from parking lots and
other impervious areas; and
Design sidewalks to drain into landscaping and swales prior to discharging to the storm water conveyance system.
o Selection of Construction Materials and Design Practices Select building material for roof gutters and downspouts that do not include copper or zinc; and
Department of Public
Works/Planning &
Building Department
Measure No. Timing Measure Responsible for
Monitoring Completion
Construct streets, sidewalks, and parking lot aisles to the minimum widths specified in the Anaheim Municipal Code
or adopted Specific Plan and in compliance with the
Development Plan and regulations for the Americans with Disabilities Act and safety requirements for fire and
emergency vehicle access. Incorporate landscaped buffer areas between sidewalks and streets in compliance with the Development Plan and Anaheim Municipal Code.
o Conserve Natural Areas
Preserve existing riparian areas along Gypsum Creek and protect with buffer zones per the Development Plan;
Preserve 2,163 acres of open space within the project boundary outside of the development area, including
NCCP open space areas, open space devoted to
conservation easements, and other open space;
Concentrate or cluster development on the least
environmentally sensitive portions of the project site (e.g., the quarry site) while leaving the remaining land in a
natural, undisturbed condition;
o Non-Structural Source Control BMPs
N1 Education for property owners, tenants and occupants - practical information materials shall be provided to the first residents/occupants/tenants on general housekeeping
practices that contribute to the protection of storm water quality. The Homeowner's Association (HOA) shall have
an ongoing educational material distribution program. At a minimum, these materials shall cover the following topics:
• The use of chemicals (including household type) that
should be limited to the property, and avoidance of
discharge of specified wastes via hosing or other means to gutters, catch basins, and storm drains.
• The proper importance of appropriate irrigation
techniques and proper handling/application of material
such as fertilizers, herbicides, pesticides, cleaning
solutions, paint products, automotive products, and
swimming pool chemicals, and swimming pool
drainage.
Measure No. Timing Measure Responsible for
Monitoring Completion
Use natural drainage systems to the maximum extent
practicable or create drainages (e.g., vegetated swales) that mimic natural conveyances and allow for storm water
infiltration as well as pollutant removal; and
Maximize canopy interception and water conservation by preserving existing native trees and shrubs in natural open space areas outside of the development area, incorporating new trees into project design pursuant to landscape and reforestation plan, and including native or drought resistant plants in development plant palettes.
o Protect Slopes and Channels
Protect slopes: minimize erosion potential with vegetative cover, route flows safely away from steep and/or sensitive slopes, stabilize disturbed slopes; and
Protect channels: control and treat flows in landscaping and/or other controls prior to reaching existing natural drainage systems, stabilize channel crossings, ensure that increases in runoff velocity and frequency caused by the project do not erode the channel, install energy dissipaters, such as riprap, at the outlets of storm drains or
conveyances.
• Source Control BMPs: The following source control BMPs shall be implemented in order to minimize the amount of pollutants in dry weather (nuisance) flows and in storm water runoff from the project.
o The environmental and legal impacts of illegal dumping of harmful substances into storm drains and sewers.
o Alternative household products that are safer to the
environment.
o Household hazardous waste collection programs.
o Used oil-recycling programs.
o Proper procedures for spill prevention and clean up.
o Proper storage of materials that pose pollution risks to local waters.
o Carpooling programs and public transportation alternatives to driving.
N2 Activity Restrictions (Conditions, Covenants, and
Measure No. Timing Measure Responsible for
Monitoring Completion
Restrictions). Conditions, Covenants, and Restrictions (CC&Rs) shall be prepared as necessary and shall address surface water quality protection, or, alternatively, use restrictions shall be developed through lease terms.
N3 Common Area Landscape Management . Ongoing
maintenance shall be consistent with City of Anaheim Landscape Water Efficiency (Chapter 10.19 of the Anaheim Municipal Code), plus fertilizer and/or pesticide usage shall be consistent with County Management Guidelines for Use of Fertilizers {DAMP Section 5.5).
See also, efficient irrigation systems under structural controls.
N4 BMP Maintenance . Homeowners Associations·(HOAs) shall be responsible for the inspection and maintenance of structural BMPs {including treatment controls) located within the HOA boundaries. These BMPs are outlined below.
N11 Common Area Litter Control . HOA shall conduct litter patrol; provide for covered trash receptacles, trashcans with lids, and emptying of trash receptacles in common areas; note trash disposal violations by tenants/homeowners or businesses and report the violations to the owner/HOA for investigation shall be conducted.
N14 Common Area Drainage Facility Inspection. Privately- owned drainage facilities shall be inspected each year and, if necessary, cleaned and maintained prior to the storm season, no later than October 1st each year. Drainage facilities include catch basins and inlets, catch basin inserts, water quality basins, detention basins, other treatment facilities, and open drainage channels.
N 15 Street Sweeping Private Streets and Parking Lots . Streets shall be, swept prior to the storm season in late summer/early fall, no later than October 1st of each year. Parking lots at the private community center shall be swept weekly at a minimum, weather permitting.
o Structural Source Control BMPs
Provide Storm Drain Stenciling and Signage . All storm drain inlets and catch basins, constructed or modified, within the project area shall be stenciled or labeled. Signs, which prohibit illegal dumping, shall be posted at public access points along channels and creeks within the project area. Legibility of stencils and signs shall be maintained.
Measure No. Timing Measure Responsible for
Monitoring Completion
Trash Area Design . Trash areas shall be paved, designed not to allow run- on, screened or walled to prevent off -site transport of trash; and covered to minimize direct
precipitation. Common area litter control shall include a litter patrol, covered trash receptacles, emptying of trash receptacles in a timely fashion, and noting trash violations by tenants/homeowners and reporting the violations to the owner/HOA for investigation. Connection of trash area
drains to the municipal storm drain system shall be
prohibited.
Efficient Irrigation . The timing and application methods of irrigation water in common areas shall minimize the
runoff of excess irrigation water into the storm water
conveyance system.
Protect Slopes and Channels . Storm water BMPs shall be included to decrease the potential for erosion of slopes and/or channels, and may include appropriate conveyance structures, landscaping, etc.
Hillside Landscaping. Hillside areas that are disturbed by project development shall be landscaped with deep- rooted, drought tolerant plant species selected for erosion control. Fire Station . Catch basin inserts with hydrocarbon
absorption mats shall be provided for the fire station and vehicle maintenance shall be performed indoors and shall therefore not
enter into the storm drain system because
indoor drains flow to the sanitary sewer system.
• Treatment Control BMPs: The following treatment control BMPs are a part of the conceptual water quality treatment program included in the Mountain Park Specific Plan (refer to Exhibit 3 -10).
Prior to the issuance of grading permits, the property
owner/developer shall include the following features in the final WQMP submitted to the Department of Public Works for review and approval.
o Storm water runoff from the disturbance area shall be routed to nine water quality basins. Collectively, the water quality basins shall treat runoff from approximately 488 acres within the disturbance area. The water quality basins shall incorporate dry extended detention to provide water quality treatment for storm flows. Dry extended detention basins are designed with outlets Measure No. Timing Measure Responsible for
Monitoring Completion
that detain the runoff volume from the water quality design storm (e.g., the 85th percentile 24 -hour event) for some minimum time (36 hours) to allow particles and associated pollutants to settle out.
o The water quality basins shall incorporate wetland vegetation along the low flow channel in the bottom of the basin for the treatment of dry weather flows and small storm events. These basins shall not contain ponded or standing water for periods in excess of 48 hours.
o The park and school site shall have a water quality basin or BMP with equivalent treatment effectiveness with the sizing of the treatment based on the DAMP/LIP requirements.
o Per the MS4 permit, the water quality basins within the proposed project shall be designed to contain a "water quality pool" sized to meet the maximized storm water capture volume for the area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ASCE
Manual of Practice No. 87 (1998). The water quality pool is designed to drain in 36 hours.
o Approximately 4.1 acres of roadway that does not drain to the basins shall be treated with filter strips (a type of biofilter) designed per the MS4 permit and DAMP/LIP requirements
treating a flow rate two times the 85th percentile hourly rainfall as determined by historical rainfall. The water tank located in Development Area 7 shall also be treated using a filter strip or a bioswale, designed per DAMP/LIP requirements.
o Offsite roadway improvements shall be treated by BMPs providing treatment equivalent to that provided by biofiltration (bioswales or filter strips) sized pursuant to the criteria in the MS4 permit.
3.6 Biological Resources
Standard Conditions
SC 6-1 Prior to
approval of
mass or rough
grading plans
impacting
jurisdictional
areas.
Prior to approval of mass or rough grading plans impacting jurisdictional areas, the property owner/developer shall provide written evidence to the Department of Public Works/Planning & Building Department of compliance with the provisions of Section 1602 of the California Fish and Game Code. This shall be accomplished by providing a copy of the executed Streambed Alteration Agreement.
Mass or rough grading plans shall include identification of Department of Public
Works/Planning &
Building Department
Measure No. Timing Measure Responsible for
Monitoring Completion
Environmentally Sensitive Areas (ESA) and shall show placement of orange fencing or similar material to delineate and avoid jurisdictional features adjacent to the construction area.
SC 6-2 Prior to
approval of
mass or rough
grading plans
impacting
jurisdictional
areas.
Prior to approval of mass or rough grading plans impacting jurisdictional areas, the property owner/developer shall provide the Department of Public Works/Planning & Building Department with a copy of the executed Section 404 permit obtained from the Army Corp of Engineers (ACOE). Mass or rough grading plans shall include identification of Environmentally Sensitive Areas (ESA) and shall show placement of orange fencing or similar material to delineate and avoid jurisdictional features adjacent to the construction area.
Department of Public
Works/Planning &
Building Department
SC 6-3 Prior to
approval of
mass or rough
grading plans.
Prior to approval of mass or rough grading plans, the property owner/developer shall provide the Department of Public
Works/Planning & Building Department with a copy of the Section 401 water quality certification obtained from the Regional Water Quality Control Board (RWQCB). Mass or rough grading plans shall include identification of Environmentally Sensitive Areas (ESA) and shall show placement of orange fencing or similar material to delineate and avoid jurisdictional features adjacent to the construction area.
Department of Public
Works/Planning &
Building Department
SC 6-4 Prior to
approval of any
grading plans.
Prior to approval of any grading plans, the project biologist shall review the following contract specifications to verify that the following measures to minimize impacts to the coastal California gnatcatcher, western spadefoot and other coastal sage scrub (CSS) species or species covered by the Central/Coastal NCCP/HCP have been included on the specifications. The project biologist shall provide written evidence to the Department of Public Works in the form of a note on the grading plans that this condition has been completed.
• To the maximum extent practicable, no grading of coastal sage scrub (CSS) habitat that is occupied by nesting gnatcatchers will occur during the breeding season (February through September 15).
It is expressly understood that this provision and the remaining provisions of these "construction- related minimization measures" are subject to public health and safety considerations. These considerations include unexpected slope stabilization, erosion control measures and emergency facility repairs. In the event of such public health and safety circumstances, landowners or public agencies/utilities will provide United State Fish and Wildlife Service/California Department of Fish and Wildlife
(USFWS/CDFW) with the maximum practicable notice (or such notice as is specified in the Natural Communities Conservation Department of Public
Works/Planning &
Building Department
Measure No. Timing Measure Responsible for
Monitoring Completion
Program/Habitat Conservation Plan (NCCP/HCP) to allow for capture of gnatcatchers, cactus wrens, and any other CSS Identified Species that are not otherwise flushed, and will carry out the following measures only to the extent as practicable in the context of the public health and safety considerations.
• Prior to commencement of grading operations or other activities involving significant soil disturbance, all areas of CSS habitat to be avoided under the provisions of the NCCP/HCP, shall be identified with temporary fencing or other markers clearly visible to construction personnel. Additionally, prior to the commencement of grading operations or other activities involving disturbance of CSS, a survey will be conducted to locate gnatcatchers and cactus wrens within 100 feet of the outer
extent of projected soil
disturbance activities and the locations of any such species shall be clearly marked and identified on the construction/grading plans. • A monitoring biologist, acceptable to USFWS/CDFW will be on site during any clearing of CSS. The landowner or relevant public agency/utility will advise USFWS/CDFWG at least seven (7) calendar days [and preferably fourteen (14) calendar days] prior to the clearing of any habitat occupied by Identified Species to allow USFWS/CDFW to work with the monitoring biologist in
connection with bird flushing/capture activities. The monitoring biologist will flush Identified Species (avian or other mobile Identified Species) from occupied habitat areas immediately prior to brush-clearing and earth- moving activities. If birds cannot be flushed, they will be captured in mist nets, if feasible, and relocated to areas of the site to be protected or to the NCCP/HCP Reserve System. It will be the responsibility of the monitoring biologist to assure that Identified bird or other mobile species will not be directly impacted by brush clearing and earth- moving equipment in a manner that also allows for construction activities on a timely basis.
• Following the completion of initial grading/earth movement activities, all areas of CSS habitat to be avoided by construction equipment and personnel will be marked with temporary fencing and other appropriate markers clearly visible to construction personnel. No construction access, parking, or storage of equipment or materials will be permitted within such marked areas. • In areas bordering the NCCP Reserve System or Special Measure No. Timing Measure Responsible for
Monitoring Completion
Linkage/Special Management areas containing significant CSS identified in the NCCP/HCP for protection, vehicle transportation routes between cut-and-fill locations will be restricted to a minimum number during construction consistent with project construction requirements. Waste dirt or rubble will not be deposited on adjacent CSS identified in the NCCP/HCP for protection. Pre- construction meetings involving the monitoring biologist, construction supervisors, and equipment operators will be conducted and documented to ensure maximum practicable adherence to these measures.
• CSS identified in the NCCP/HCP for protection and located within the likely dust drift radius of construction areas shall be periodically sprayed with water to reduce accumulated dust on the leaves as recommended by the monitoring biologist.
• If western spadefoot is not found in suitable habitat areas during initial ground disturbance, the monitoring biologist will spot- check grading activities (on an as -
needed basis, as determined by the
monitoring biologist) until grading is completed for those areas. If western spadefoot is brought to the surface during
grading/excavation, individuals will be collected and relocated following pre- approved methods by the California Department of Fish and Wildlife (CDFW) or an approved Western Spadefoot Management Plan
• Conduct focused surveys, by a quailed biologist, in suitable habitat for Crotch bumblebee within the project area and submit a survey report to the Public Works Department/Department of Planning & Building, prior to issuance of a grading permit. The surveys shall be conducted during the months of April through June, consisting of three site visit typically 2 to 4 weeks apart. The survey report shall document the presence or absence of Crotch bumble within the project area. If the survey results are negative, the qualified biologist will submit a summary of findings, and a survey report prepared and submitted to CDFW. If survey results are positive, the applicant will consult with CDFW to determine appropriate measures needed to address potential impacts to the species, prior to the issuance of a grading permit.
SC 6-5 Prior to
approval of
mass or rough
Prior to approval of mass or rough grading plans, the property owner/developer shall report the amount of coastal sage scrub that would be impacted by proposed grading activities. The amount of Planning & Building
Department
Measure No. Timing Measure Responsible for
Monitoring Completion
grading plans. coastal sage scrub impacts shall be noted on plans submitted for grading permits and submitted to the Planning Department and to the Nature Reserve of Orange County (NROC) to ensure that a proper accounting of coastal sage scrub impacts is recorded for purposes of the NCCP/HCP.
SC 6-6 Prior to
approval of
mass or rough
grading plans.
On an annual basis until grading activities are complete, the property owner/developer shall provide the Planning & Building Department and Nature Reserve of Orange County (NROC) with a calculation of the total amount of coastal sage scrub that has been removed during the calendar year.
Planning & Building
Department
Mitigation Measures
MM 6-1 Prior to the
issuance of
grading or
building
permits,
whichever
takes place
first.
Prior to issuance of grading or building permits, the property owner/developer shall retain a project biological monitor approved by both the United States Fish and Wildlife Services and California Department of Fish and Game. The project biological monitor shall ensure that all permit conditions are met, all Mitigation Measures are properly implemented, and that the project complies with all Standard Conditions and project design features. The project biological monitor shall also be present during any pre-
grade meetings, mass grading
operations, and periodically duri ng construction to ensure that sensitive resources designated for preservation are properly protected. Beginning with the initiation of construction or grading activities, the project biological monitor shall submit monthly status reports to the Planning Department to demonstrate compliance with this measure. Additionally, the following construction site housekeeping measures shall be incorporated into all conditions of approval for grading and building permits and compliance verified during construction by the biological monitor.
• To prevent inadvertent entrapment of animals during the construction phase of a project, all excavated, steep- walled holes or trenches more than 2 ft deep shall be covered at the close of each working day by plywood or similar materials. If the trenches cannot be closed, one or more escape ramps constructed of earthen -fill or wooden planks shall be installed. Before such holes or trenches are filled, they shall be thoroughly inspected for trapped animals. In the case of trapped animals, escape ramps or structures shall be installed immediately to allow the animal(s) to escape.
• For the duration of construction activities, all food -related trash items such as wrappers, cans, bottles, and food scraps shall be Department of Public
Works/Planning &
Building Department
Measure No. Timing Measure Responsible for
Monitoring Completion
disposed of in securely closed containers and removed at least daily from the construction site.
• Pets, such as dogs or cats, shall not be permitted on the project site during construction to prevent harassment, injury, or death of wildlife in the project vicinity.
• Use of rodenticides and herbicides in project sites shall be restricted.
This is necessary to prevent primary or secondary poisoning of predators and the depletion of prey populations on which they depend. All uses of such compounds shall observe label and other restrictions mandated by the United States Environmental Protection Agency, the California Department of Food and Agriculture, and other State and federal legislation.
MM 6-2 Prior to
issuance of
grading permits
impacting
jurisdictional
areas.
Prior to the issuance of grading permits impacting jurisdictional areas, the property owner/developer shall provide a wetland mitigation plan approved by the ACOE (for Section 404 areas) and CDFW (for the Section 1602 areas) to the Department of Public Works. A total of 14.1 acres of riparian mitigation are necessary to offset the loss of ACOE and CDFW jurisdictional areas as a result of the Proposed Project. A Conceptual Wetland and Riparian Habitat Mitigation Plan has been prepared by LSA (February, 2005). The purpose of the mitigation plan is to:
• Create (establish), restore, or enhance wetland/riparian habitats on site to the maximum extent practicable to minimize the on- site loss of ACOE and CDFWG jurisdictional acreage and function, and provide off-site mitigation for the remainder of the impacts; • To implement, to the extent practicable, off -site mitigation in the Santa Ana River watershed, as close to the study area as possible or otherwise at a key ecological site;
• To return jurisdictional habitats that are temporarily disturbed during construction to pre-construction conditions; and, • To ensure that adjacent non-jurisdictional habitats are protected. • The project disturbance limits shall be clearly marked with construction fencing (or other highly visible material), and construction/materials staging and vehicle/equipment maintenance and fueling areas shall be located at least 100 ft away from Gypsum Canyon Channel, where feasible.
• To minimize temporary disturbances, all project -related vehicle Department of Public
Works/Planning &
Building Department
Measure No. Timing Measure Responsible for
Monitoring Completion
traffic shall be restricted to established roads, construction areas, and other designated areas.
The preferred on- site mitigation approach shall be approved by the ACOE, CDFW and RWQCB during the permitting process. One possible component of the on- site mitigation, to address the impacts of the box extension on the already disturbed Gypsum Creek channel, could include a rebuilt creek as a low -flow riparian corridor through the canyon mouth area. Conceptually, the box extension shall act as a high- flow by -pass that efficiently conveys the more intense and destructive flood flows. The riparian corridor shall extend upstream to the road crossing of Gypsum Creek. The riparian corridor shall consist of a riverine channel flanked by planted embankments. The riverine channel would be soft bottom and the riparian vegetated floor would be nurtured by low and seasonal run- off diverted into it from a channel split from the new box culvert opening. This "splitter" shall consist of a junction opening that becomes a tunnel that would accommodate storm flows as well as wildlife movement under the road crossing to the riparian corridor.
MM 6-3 Prior to
approval
grading
permits.
Prior to approval of a grading permit, the property owner/developer shall submit copies of contractor specifications to the Department of Public Works/Planning & Building Department that include the following note: “Initial clearing of vegetation that has been identified as being used by the southwestern willow flycatcher shall be conducted outside of the breeding season or with the presence of a biological monitor during the breeding season to ensure that no individuals of this species are directly impacted. The breeding season for the southwestern willow flycatcher is between May 15 and July 31.” Following completion of initial clearing of vegetation, the project biological monitor shall provide written evidence to the Planning & Building Department that this measure has been completed.
Department of Public
Works/Planning &
Building Department
MM 6-5 Prior to
approval of
street
improvement
plans for
Gypsum
Canyon Road.
Prior to approval of street improvement plans for Gypsum Canyon Road, the property owner/developer shall submit copies of contractor specifications to the Department of Public Works/Planning and Building Department that include the following requirements to protect the summer roost of Yuma myotis within the Gypsum Canyon culverts under the 91 Freeway and within Gypsum Creek: (1) construction activities to lengthen the culverts shall be scheduled outside of the critical breeding time (April 1 through August 31) to avoid direct impacts; (2) if construction must occur betw een April 1 and August 31, all construction activities shall occur outside the current culverts and no Department of Public
Works/Planning &
Building Department
Measure No. Timing Measure Responsible for
Monitoring Completion
deeper than 25 feet inside the culverts to avoid a negative effect on the colony, (3) no night work shall occur around the culvert openings and only construction lighting necessary for safety purposes shall be used near the culvert openings and 4) design lighting such that it minimizes light trespass into adjacent habitat. All lighting fixtures will have light shields or similar devices (e.g., Dark Sky -compliant lighting) installed to minimize illuminance above the site and avoid light trespass into Gypsum Creek and other adjacent open space areas. The color temperature of the light emitted by the luminaires should be less than 2700 Kelvin to minimize adverse effects to wildlife, including bats. The specifications shall be prepared by a CDFW approved bat biologist.
Following completion of construction activities associated with the culverts, the project biological monitor shall provide written notification to the Planning Department that the contractor specifications have been complied with.
The specifications shall also include the conduction of a bat habitat assessment of suitable roosting trees prior to construction. If trimming or removal of suitable roosting trees are identified within the project work area, a CDFW approved bat biologist will work with the construction contractor during the trimming and removal process. Trees and snags that have been identified as confirmed or potential roost sites require a two -step removal process and the involvement of the bat biologist to ensure that no roosting bats are killed during this activity.
This two- step removal shall occur over 2 consecutive days as follows.
On Day 1, branches and limbs not containing cavities, as identified by a qualified bat biologist, will be removed. On Day 2, the remainder of the tree may be removed without supervision by a bat biologist. The disturbance caused by limb or frond removal, followed by an interval of 1 evening, will allow bats to safely abandon the roost.
MM 6-6 Prior to
issuance of a
grading permit.
Prior to issuance of a grading permit, the property owner/developer shall submit copies of contractor specifications to the Department of Public Works/Planning & Building Department that include the following requirements to protect nesting birds regulated by the Migratory Bird Treaty Act: “When feasible, vegetation removal activities shall be scheduled between July 16 and February 14 to avoid the nesting season. This would ensure that no active nests would be disturbed and that removal could proceed rapidly. If vegetation removal activities shall occur during the nesting s
eason (February 15 to July 15), all suitable
habitat shall be thoroughly surveyed for the presence of nesting birds by a qualified biologist prior to removal. If any active nests are detected, the Department of Public
Works/Planning &
Building Department
Measure No. Timing Measure Responsible for
Monitoring Completion
area shall be flagged, along with a minimum 50 -foot buffer (buffer may range between 50 and 300 feet as determined by the monitoring biologist) and shall be avoided until the nesting cycle is complete or it is determined by the monitoring biologist that the nest has failed.” In addition, a biologist shall be present on the site to monitor the vegetation removal to ensure that nests not detected during the initial survey are not disturbed. The project biological monitor shall provide written notification to the Planning & Building Department that these requirements have been accomplished following completion of grading activities associated with each grading permit.
3.7 Traffic and Circulation
Standard Conditions
SC 7-1 Prior to the
issuance of
each building
permit.
Prior to the issuance of each building permit, the Foothill/Eastern Transportation Corridor Major Thoroughfare and Bridge Fees shall be paid by the property owner/developer to the City of Anaheim. Payment of these fees provides for the project's fair share contribution to the ultimate improvements to SR-241 and SR-261.
Planning & Building
Department
Project Design Features
PDF 7-1 Prior to
approval of
each tentative
tract or parcel
map.
The Mountain Park Specific Plan includes a circulation system consisting of on- site roadways (refer to Exhibit 4.7 -5 of the Draft EIR included in Attachment A). The tentative tract or parcel maps submitted for review and approval, will incorporate preliminary street design features (i.e., cross -sections, alignment and grades) demonstrating consistency with the proposed circulation system. Prior to approval of each tentative tract or parcel map, the subdivision map shall be prepared consistent with the Mountain Park Specific Plan Circulation System Plan (Exhibit 4. 7 -5
of the Draft EIR) to the satisfaction of the City
Engineer. All street improvements within the subdivision map shall be completed prior to the final building and zoning inspection for units served by said improvement.
Department of Public
Works/Planning &
Building Department
PDF 7-2 Shall be
incorporated
into
development
area plans and
tentative tract
or parcel maps
prior to
submittal for
approval.
The Mountain Park Specific Plan includes a circulation system including the following off -site roadway improvements (refer to Exhibit 4.7 -5 of the Draft EIR included in Attachment A) identified in the Mountain Park Specific Plan, the City of Anaheim General Plan and Orange County Master Plan of Arterial Highways. The development area plans and tentative tract or parcel maps, submitted for review and approval, shall incorporate preliminary street design features (i.e., cross -sections, alignment and grades) demonstrating that the proposed circulation system is consistent with tha t defined in the Mountain Park Specific Plan, the City of Anaheim General Plan and the Orange County Master Shall be incorporated
into development area
plans and tentative
tract or parcel maps
prior to submittal for
approval.
Measure No. Timing Measure Responsible for
Monitoring Completion
Plan of Arterial Highways.
• Gypsum Canyon Road . Improved from a two- lane undivided roadway to a four -lane divided roadway from the SR- 91 westbound off-ramp to the proposed Santa Ana Canyon Road realignment. A construction contract for improvements to this portion of Gypsum Canyon Road shall be awarded prior to issuance of the first building permit in development areas east of SR- 241. The improvements shall be substantially completed prior to the first final building and zoning inspection for the first phase of development for areas east of SR-241.
• Santa Ana Canyon Road. Realign and improve from a two- lane undivided roadway to a four -lane divided roadway from SR -241 to Gypsum Canyon Road. A construction contract for improvements to this portion of Santa Ana Canyon Road shall be awarded prior to issuance of the first building permit in development areas east of SR-241. The improvements shall be substantially completed prior to the first final building and zoning inspection for the first phase of development for areas east of SR-241.
• Weir Canyon Road (Oak Canyon Drive to Blue Sky Way) .
Restripe approximately 600 -feet to transition from a six -lane roadway at Oak Canyon Drive to a four -lane roadway at Blue Sky Way prior to issuance of the first building permit for Development Areas 3 or 7, whichever occurs first.
• Weir Canyon Road (Blue Sky Way to SR -241). Construct as a four-lane divided roadway from Blue Sky Way to SR -241 (includes elimination of the northbound left- turn lane at the Weir Canyon Road/Blue Sky Road intersection). Improvements to this portion of Weir Canyon Road shall be completed prior to the first final building and zoning inspection for Development Areas 3 or 7, whichever occurs first.
• Gypsum Canyon Road and SR-91 Westbound Ramp
Intersection. Add second northbound through lane. A
construction contract for improvements to this portion of intersection shall be awarded prior to issuance of the first building permit for development areas east of SR-241. The improvements shall be substantially completed prior to the first final building and zoning inspection for the first phase of development for areas east of SR-241.
Measure No. Timing Measure Responsible for
Monitoring Completion
• Gypsum Canyon Road and SR -91 Eastbound Ramp
Intersection. Add second northbound and southbound through lanes. A construction contract for improvements to this portion of intersection shall be awarded prior to issuance of the first building permit in development areas east of SR-
241. The improvements
shall be substantially completed prior to the first final building and zoning inspection for the first phase of development areas for east of SR-241.
• Gypsum Canyon Road/Santa Ana Canyon Road Intersection.
Improve to provide two southbound through lanes and a
southbound right- turn lane, two northbound through lanes and a northbound left-turn lane, and two eastbound left- turn lanes and an eastbound right- turn lane. A construction contract for improvements to this intersection shall be awarded prior to the issuance of the first building permit in development areas east of SR-241. The improvements shall be substantially completed prior to the first final building and zoning inspection for the first phase of development for areas east of SR- 241.Oak Canyon Drive, east of Running Springs Road - This portion of Oak Canyon Drive within City right -of-way will be abandoned by the City of Anaheim and improved with a vehicle maintenance road and landscaping (see Exhibit 3-17). The maintenance road will be gated to the satisfaction of the City Engineer. Improvements associated with this portion of Oak Canyon Drive within City right -of-
way shall be substantially
completed prior to issuance of the first building permit in development areas west of SR-241.
Mitigation Measures
MM 7-3 Prior to the
approval of
each
development
area plan.
Prior to the approval of each development area plan, the property owner/developer shall submit a traffic phasing plan. The plan shall be reviewed and approved by the Department of Public Works, Development Services Division and Traffic Engineering Division, and the Fire Department. The plan shall include the following items:
A. Documentation of the number of units and product types of each development area and resulting VMT shall be provided for locations.
B. Phasing of roadway construction, specifying which roads shall be constructed as backbone streets and which roads shall be constructed with tract development.
C. Traffic improvements (including signals, signage and striping) to Department of Public
Works/Planning &
Building Department,
Development Services
Division, Traffic
Engineering Division
Measure No. Timing Measure Responsible for
Monitoring Completion
local streets, arterials and intersections, freeway interchanges and bridge over-crossings.
D. Identification of measures that will be incorporated to minimize the impacts of project construction traffic on Gypsum Canyon Road between the SR- 91 westbound off -ramp and Santa Ana Canyon Road; Gypsum Canyon Road/SR- 91 interchange ramps; and Santa Ana Canyon Road between Gypsum Canyon Road and Weir
Canyon Road.
MM 7-4 Prior to
approval of a
grading plan
for each
development
area.
Prior to approval of a grading plan for each development area, the property owner/developer shall submit a traffic control plan including construction haul routes, duration and location of lane closures, and any pedestrian-
related impacts to sidewalks and intersection crossings, for review and approval by the Department of Public Works, Development Services Division and Traffic Engineering Division.
Department of Public
Works/Planning &
Building Department,
Development Services
Division, and Traffic
Engineering Division
3.8 Air Quality
Mitigation Measures
MM 8-1 Prior to
approval of the
first grading
plan.
Construction: Particulate Emission (PM10) Control. Prior to approval of the first grading plan, the following requirements shall be incorporated into the Storm Water Pollution Prevention Program (SWPPP) and Erosion and Sedimentation Control Plan submitted for review and approval by the Department of Public Works. During construction of the Proposed Project, the property owner/development and its contractors shall be required to comply with regional rules, which shall assist in reducing short -
term air pollutant emissions. SCAQMD
Rule 402 requires that air p ollutant emissions not be a nuisance off -site.
SCAQMD Rule 403 requires that fugitive dust be controlled with the best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. Two options are presented in Rule 403: monitoring of particulate concentrations or active control. Monitoring involves a sampling network around the project with no additional control measures unless specified concentrations are exceeded. Th e active control option does not require any monitoring but requires that a list of measures be implemented starting with the first day of construction.
Rule 403 requires that “No person conducting active operations without utilizing the applicable best available control measures included in Table 1 of this Rule to minimize Fugitive dust emissions from each fugitive dust source type within the active operation.” The measures from Table 1 of Rule 403 are presented in Table 15 in Appendix H of EIR No. 331.
The applicable measures presented in Table 1 are required to be Department of Public
Works/Planning &
Building Department
Measure No. Timing Measure Responsible for
Monitoring Completion
implemented by Rule 403.
• Rule 403 requires that "Large Projects" implement additional measures. A Large Project is defined as "any active operations on property which contains 50 or more acres of disturbed surface area; or any earth- moving operation with a daily earth -
moving or
throughput volume of 3,850 cubic meters (5,000 cubic yards) or more three times during the most recent 365 day period. Grading of the project would be considered a Large Project under Rule 403.
Therefore, the project shall be required to implement the applicable actions specified in Table 2 of the Rule. Table 2 from Rule 403 is presented in Table 16 of Appendix H. As a Large Operation, the project shall also be required to:
• Submit a fully executed Large Operation Notification (SCAQMD Form 403N) to the SCAQMD Executive Officer within 7 days of qualifying as a large operation;
• Include, as part of the notification, the name(s), address(es), and phone number(s) of the person(s) responsible for the submittal, and a description of the operation(s), including a map depicting the location of the site;
• Maintain daily records to document the specific dust control actions taken, maintain such records for a period of not less than three years; and make such records available to the Executive Officer upon request.
• Install and maintain project signage with project contact signage that meets the minimum standards of the Rule 403 Implementation Handbook, prior to initiating any earthmoving activities. • Identify a dust control supervisor that is employed by or contracted with the property owner/developer, is on the site or available on - site within 30 minutes during working hours, has the authority to expeditiously employ sufficient dust mitigation measures to ensure compliance with all Rule requirements, and has completed the AQMD Fugitive Dust Control Class and has been issued a valid Certificate of Completion for the class.
• Notify the SCAQMD Executive Officer in writing within 30 days after the site no longer qualifies as a large operation.
Rule 403 also requires that the construction activities “shall not cause or allow PM10 levels exceed 50 micrograms per cubic meter when Measure No. Timing Measure Responsible for
Monitoring Completion
determined by simultaneous sampling, as the difference between upwind and down wind sample.” Large Projects that cannot meet this performance standard are required to implement the applicable actions specified in Table 3 of Rule 403. Table 3 from Rule 403 is presented in Table 17 of Appendix H. Rather than perform monitoring to determine conformance with the performance standard, which will not reduce PM10 emissions, the project shall implement all applicable measures presented in Rule 403 Table 3 regardless of conformance with the Rule 403 performance standard. This potentially results in a higher reduction of particulate emissions than if these measures were implemented only after being determined to be required by monitoring.
Further, Rule 403 requires that that the project shall not “allow track-out to extend 25 feet or more in cumulative length from the point of origin from an active operation.” All track -out from an active operation is required to be removed at the conclusion of each workday or evening shift. Any active operation with a disturbed surface area of five or more acres or with a daily import or export of 100 cubic yards or more of bulk materials must utilize at least one of the measures listed in Table 18 of Appendix H at each vehicle egress from the site to a paved public road.
MM 8-2 Prior to
approval of
grading plans.
Construction: Construction Equipment Emission Control. Prior to approval of grading plans, the property owner/developer shall include the following notes on the contractor specifications submitted for review and approval by the Department of Public Works: “To reduce construction equipment emissions, the following measures shall be implemented when feasible.
• Use low emission mobile construction equipment with engines that meet or exceed the CARB Tier 2 emissions standards. The property owner/developer shall comply with CARB requirements for heavy construction equipment.
• Idling times shall be minimized by either shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of the California Code of Regulations [CCR]). • Maintain construction equipment engines by keeping them maintained and tuned in accordance with manufacturer's
specifications.
• Use low sulfur fuel for stationary construction equipment. This is required by SCAQMD Rules 431.1 and 431.2.
Department of Public
Works/Planning &
Building Department
Measure No. Timing Measure Responsible for
Monitoring Completion
• Utilize existing power sources (i.e., power poles) when feasible. This measure would minimize the use of higher polluting gas or diesel generators.
• Configure construction parking to minimize traffic interference. • Minimize obstruction of through- traffic lanes. When feasible, construction should be planned so that lane closures on existing streets are kept to a minimum.
• Schedule construction operations affecting traffic for off -peak hours.
• Develop a traffic plan to minimize traffic flow interference from construction activities (the plan may include advance public notice of routing, use of public transportation and satellite parking areas with a shuttle service.
• Use aqueous diesel fuel where feasible and reasonably commercially available.
• Use cooled exhaust gas recirculation (EGR) where feasible and reasonably commercially available.
3.9 Noise
Standard Conditions
SC 9-1 Prior to
issuance of
grading plans
or prior to
issuance of
building
permits,
whichever
occurs first.
Prior to issuance of grading plans or building permits, plans shall include a note indicating that noise -generating project construction activities in the City of Anaheim shall not occur between the hours of 7:00 p.m. and 7:00 a.m. This requirement applies to construction activities within 3,000 feet of residential uses, consistent with the City of Anaheim Noise Ordinance.
Department of Public
Works/Planning &
Building Department
3.10 Hazards and Hazardous Materials
Project Design Features
PDF 10-1 Prior to the
approval of the
first tentative
tract or parcel
map.
Prior to the approval of the first tentative tract or parcel map, the property owner/developer shall enter into an agreement (Fire Protection Agreement) with the City of Anaheim. This agreement shall specify the property owner/developer's pro -
rata fair share funding of capital
improvements necessary to establish adequate fire protection facilities and equipment to service the proposed development. The property owner/developer shall be responsible for paying fees or otherwise providing for the design, construction and furnishing of the fire station, Department of Public
Works/Planning &
Building Department
Measure No. Timing Measure Responsible for
Monitoring Completion
including all fire apparatus necessary to fully equip the fire station per the City's specifications, to adequately serve the project. The property owner/developer shall also be responsible for dedicating a parcel for development of the fire station in the location specified in Exhibit 3 -4 of the Draft EIR (Development Plan) included in Attachment A. The fire station facility shall be constructed and operational prior to the issuance of the first building permit for any development area east of the SR-241, or as otherwise required by the Fire Department in the Fire Protection Agreement.
PDF 10-2 Prior to
submittal of
each tentative
tract or parcel
map or grading
plan, whichever
comes first.
Prior to submittal of the first tentative tract or parcel map or approval of the first grading plan, whichever occurs first, the property owner/developer shall submit a final Fire Master Plan (FMP) to the Fire Department for review and approval to ensure that fire protection for each Development Area is in accordance with Fire Department requirements. The final FMP shall be in substantial conformance with the preliminary FMP (Appendix R of the EIR). A copy of the approved Fire Master Plan shall be submitted to the following City Departments:
Planning, Police and Public Works.
Department of Public
Works /Planning &
Building Department,
Fire Department
PDF 10-3 Prior to
submittal of
each tentative
tract or parcel
map or grading
plan, whichever
comes first.
The Mountain Park Specific Plan includes conceptual fuel modification strategies. Prior to submittal of each tentative tract or parcel map or grading plan, whichever occurs first, fuel modification plans shall be submitted to the Fire Department for review and approval. The fuel modification plan shall be prepared in accordance with the provisions of the California Fire Code in effect at the time of submittal of the tentative tract or parcel map and be based upon the criteria set forth in the City of Anaheim Fire Department Fuel Modification Plan Guidelines. Prior to final Certificate of Occupancy for the first building in each Development Area fuel modification zones shall be installed and inspected in substantial conformance with the approved plans to the satisfaction of the Fire Department.
Department of Public
Works /Planning &
Building Department,
Fire Department
Mitigation Measures
MM 10-1 Prior to and
during grading
activities.
The Robertson’s Ready Mix Quarry area will not be developed until after reclamation and remediation are complete. Based on the Environmental Site Assessments performed for the project site, it is not anticipated that any underground storage tanks, septic systems, leach fields, or significant soil contamination will be encountered during construction, as construction shall occur after remediation and reclamation are complete (all regulatory agency cases on- site are now closed. As described in the Phase I ESA (December 2023), residual shallow soil and groundwater contamination associated with prior Department of Public
Works/Planning &
Building Department;
Fire Department or
other appropriate
agencies
Measure No. Timing Measure Responsible for
Monitoring Completion
mining activities and historic ADL contamination associated with SR -91 could be encountered during construction and were identified as RECs.
Prior to the issuance of a grading permit, a Phase II ESA shall be conducted in order to confirm the presence/absence of these RECs and whether any further remedial actions would be required prior to or during grading activities.
During grading activities, in the event these subsurface features or contaminated soil are encountered , work shall immediately cease in the area and the property owner/developer shall notify the Fire Department and other agencies as appropriate based on the circumstances of the contamination, and retain a qualified hazardous materials engineer or geologist to assess the impacts and prepare a response plan using risk - based cleanup standards of the City of Anaheim and the Orange County Health Care Agency, and any appropriate guidelines issued by the California Environmental Pr otection Agency, applicable to the Proposed Project. Upon approval of the response plan by the Fire Department or other agency, as applicable, the engineer shall obtain any required permits, oversee the removal of such features and/or conduct the response work to the satisfaction of the Fire Department or other agency, as applicable, until closure status is attained.
MM 10-2 Prior to
approval of
grading plans
within an area
in which the
Southern Trails
Pipeline is
located or is
proposed to be
relocated
within the
grading plan
boundaries.
Prior to approval of grading plans within an area in which the Southern Trails Pipeline is located or is proposed to be relocated within the grading plan boundaries, the property owner/developer shall obtain the approval of the Questar Pipeline Company. Written evidence of this approval shall be submitted to the Department of Public Works.
Department of Public
Works /Planning &
Building Department
MM 10-3 Prior to
approval of any
grading plans
within a
development
area wherein
the Southern
Prior to approval of any grading plans within a development area wherein the Southern Trails Pipeline exists or is proposed to be relocated, the property owner/developer shall submit a safety plan to the Fire Department. If there are any environmental concerns relating to developing adjacent to the pipeline or relocating it identified during subsequent reviews, the property owner/developer shall be responsible for financing/implementing any necessary mitigation measures. The Fire Department
Measure No. Timing Measure Responsible for
Monitoring Completion
Trails Pipeline
exists or is
proposed to be
relocated.
safety plan shall be consistent with safety regulations adopted by the Fire Department and shall also be consistent with the requirements of MM 10-4. The safety plan shall be reviewed by the Questar Pipeline Company and approved by the Fire Department. Relocation of the pipeline shall occur at no cost to the City.
MM 10-4 Prior to
issuance of
building
permits.
Prior to issuance of building permits, the property owner/developer shall provide written evidence to the Public Utilities Department that the relocated Southern Trails Pipeline has been inspected and approved by the California Public Utilities Commission (CPUC).
Public Utilities
Department
3.11 Population and Housing
No Standard Conditions, project design features, or mitigation measures were identified in MMP No. 137 pertaining to population and housing.
3.12 Public Services and Utilities
Standard Conditions
SC 12-5 Prior to final
building and
zoning
inspections,
whichever
comes first.
Prior to final building and zoning inspections, the property owner/developer Public Utilities shall demonstrate to the Public Utilities Department that water consumption Department reduction measures have been implemented as required by State law in accordance with the Water Utilities Rates, Rules and Regulations. Where appropriate, plans submitted for building permits shall include notes on plans that indicate the measures that will be utilized to reduce water consumption. Such measures where feasible and appropriate shall include, but are not limited to:
A. Low-flush toilets and urinals (Health and Safety Code Section 17921.3);
B. Maximum flow rate of all new showerheads, lavatory faucets, and sink faucets (Title 20, California Code of Regulations Section 1604[f]);
C. Appliances certified by manufacturer to comply with regulations established by applicable efficiency standards (Title 20, California Code of Regulations Section 1606[b]);
D. Public lavatories equipped with self -closing faucets that limit the flow of hot water (Government Code Section 7800);
E. Hot water pipes insulated to reduce water used before hot water reaches equipment or fixtures (Title 24, California Code of Regulations Section 2-5352[i] and 0]);
F. Conservation reminders posted in rooms and restrooms; G. Thermostatically controlled mixing valve for bath/shower; and H. Implementation of efficient irrigation systems to minimize runoff Public Utilities
Department
Measure No. Timing Measure Responsible for
Monitoring Completion
and evaporation.
SC 12-8 Prior to
approval of
final tract or
parcel maps.
Prior to approval of final tract or parcel maps, the property owner/developer shall install, bond for, or otherwise secure on- site electrical facilities in accordance with the City of Anaheim Public Utility Electric Rates, Rules and Regulations, and provide written evidence of this fact to the Public Utilities Department.
Public Utilities
Department
SC 12-9 Prior to
approval of
building
permits.
The Proposed Project shall comply with all State Energy Insulation Standards Requirements (as part of the CBC), as adopted by the City Council in effect at the time of application for building permits. (Commonly referred to as Title 24, these standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods. Among other things, Title 24 covers the use of energy efficient building standards, including ventilation, insulation and construction and the use of energy saving appliances, conditioning systems, wa ter heating, and lighting.) Plans submitted for building permits shall include written notes demonstrating compliance with energy standards and shall be reviewed and approved by the Building Division as part of the plan review process prior to issuance of building permits.
Building Division
SC 12-11 Prior to
issuance of
each building
permit.
Prior to issuance of each building permit, the property owner/developer shall incorporate the following energy saving practices into building plans. The property owner/developer shall implement, to the extent feasible, these energy saving practices, in compliance with Title 10 of the Anaheim Municipal Code, prior to each final building and zoning inspection:
A. Consultation with the Public Utilities Department energy conservation experts for assistance with energy conservation design features.
B. Use of electric motors designed to conserve energy.
C. Use of special lighting fixtures such as motion sensing light switch devices and compact fluorescent fixtures in place of incandescent lights.
D. Use of T8 lamps and electronic ballasts. Metal halide or high- pressure sodium for outdoor lighting.
Public Utilities
Department
SC 12-13 Prior to
approval of any
site plans,
tentative tract
or parcel maps.
Prior to approval of any site plans, tentative tract or parcel maps, the property owner/developer shall submit a Solid Waste Management Plan with recycling capabilities to the Department of Public Works, Streets and Sanitation Division for review and approval. Refuse collection and disposal for the proposed project shall comply with AB 939, SB 1383, Department of Public
Works, Streets and
Sanitation Division
Measure No. Timing Measure Responsible for
Monitoring Completion
the County of Orange Integrated Waste Management Plan, and the City of Anaheim Integrated Waste Management Plan.
Project Design Features
PDF 12-2 Prior to
approval of
each tentative
tract or parcel
map.
The Mountain Park Specific Plan includes a Water System Sub Area Master Plan (SAMP) (refer to Exhibit 3 -11 of the Draft EIR included in Attachment A). Prior to approval of each tentative tract or parcel map, the property owner/developer shall submit water improvement plans prepared in conformance with the SAMP to the Public Utilities Department for review and approval. The property owner/developer shall extend and construct the necessary water lines, pump stations, and reservoirs to serve development phases prior to connecting to the City's water system.
Department of Public
Works /Planning &
Building Department,
Public Utilities
Department
PDF 12-3 Prior to
approval of
landscape
plans.
Irrigation systems within the Mountain Park Specific Plan area shall be controlled by automatic programmable irrigation controllers that utilize California Irrigation Management System (CIMS) Data to adjust water times and durations based on daily evapotranspiration) data. Prior to approval of landscape plans, the property owner/developer shall provide verification in the form of notes on the plans to the Public Utilities Department, Water Engineering Division, that the irrigation system is in conformance with the system identified in the SAMP.
Public Utilities Department shall confirm that it is in conformance with the irrigation system identified in the SAMP. Community wide irrigation control shall be provided by a centralized irrigation control system designed to separately valve hydrozones based on plant water requirements, exposure and terrain characteristics. All systems shall utilize matched precipitation rate nozzles and emitters for precise water application, adjustable low angle nozzles to reduce overspray, check valves to reduce low head drainage, and master valves to minimize water loss in the event of a line break or valve malfunction.
Department of Public
Works/Planning &
Building Department,
Public Utilities
Department
PDF 12-5 Prior to
approval of
permits for
improvement
plans.
The Public Facilities Plan provided in the Mountain Park Specific Plan identifies the electrical facilities to be constructed with the project. The project electric system is shown on Exhibit 3 -13 of the Draft EIR included in Attachment A. Prior to approval of permits for improvement plans, the property owner/developer shall submit electric system plans to the Public Utilities Department, Electrical Engineering Division, demonstrating that the electric system is in conformance with the Public Facilities Plan included in the Mountain Park Specific Plan.
The property owner/developer shall extend and construct the necessary facilities, including electric lines identified in Exhibit 3- 13 of the Draft EIR (included in Attachment A), to serve development phases.
Department of Public
Works/Planning &
Building Department,
Public Utilities
Department, Electrical
Engineering Division
Measure No. Timing Measure Responsible for
Monitoring Completion
Mitigation Measures
MM 12-1 Prior to the
issuance of the
first building
permit.
Prior to the issuance of the first building permit, the property owner/developer shall pay the Public Utilities Department a proportionate share of a water supply source to meet the projected increases in water demands in accordance with Rule 15.C, Section 3, of the Public Utilities Rates, Rules, and Regulations. Although the Water Supply Assessment concluded that there is adequate capacity to serve the proposed project, an additional water supply source will ensure that there is no loss of redundancy and/or reliabi lity to the city water supply system.
Public Utilities
Department
MM 12-2 Prior to
approval of the
first utility or
infrastructure
plan serving
each
development
area with
impacts to
public streets.
Prior to approval of street improvement plans, the property owner/developer shall submit Traffic Management Plans to the City of Anaheim Department of Public Works and Yorba Linda Public Works Department for proposed street improvements within the respective jurisdictions for review and approval. The Traffic Management Plans shall describe traffic control measures that shall be implemented to maintain traffic flow in all directions where utility improvements are being implemented in existing roadways. Said traffic management measures shall be implemented on-going during road construction.
Department of Public
Works/Planning &
Building Department
MM 12-3 Prior to
approval of the
first utility or
infrastructure
plan serving
each
development
area with
impacts to
public streets.
Prior to approval of the first utility or infrastructure plan serving each development area with impacts to public streets, the property owner/developer shall submit a utility layout and trenching plan to the Department of Public Works for all existing public streets. Trench replacement shall, at a minimum, conform to Public Works Standard Detail No. 132. Joint trenches shall be used whenever practicable. The asphalt pavement restoration widths shall be approved by the Department of Public Works based on anticipated impact of construction and layout of trenches within the public right-of-way.
Department of Public
Works/Planning &
Building Department
MM 12-7 Prior to the
approval of
street
improvement
plans.
Prior to approval of street improvement plans, the property owner/developer shall submit Traffic Management Plans to the Department of Public Works describing traffic control measures that shall be implemented to maintain traffic flow in all directions where utility improvements are being implemented in existing roadways. The traffic control measures may include flagmen, appropriate signage and traffic control barriers consistent with City of Anaheim requirements, or other appropriate measures. The Traffic Management Plans shall be reviewed and approved by the Depar tment of Public Works, Traffic Engineering Division.
Department of Public
Works, Traffic
Engineering Division
Measure No. Timing Measure Responsible for
Monitoring Completion
MM 12-10 Fees shall be
paid prior to
issuance of the
first building
permit for each
tentative tract
or parcel map.
Improvements
required to be
installed prior
to first final
building and
zoning
inspection for
each tract or
parcel.
Prior to issuance of the first building permit for each tentative tract or parcel map, the property owner/developer shall pay fees and provide the necessary infrastructure for the installation of the on-site and off-site electrical and communication systems to serve said tract, designed and phased to provide electrical service for the development areas within the project site. This shall include line extensions from the Park Substation to the development site. The applicable improvements shall be installed prior to the first final building and zoning inspection for the tract or parcel map.
Planning & Building
Department
3.13 Recreation
Project Design Features
PDF 13-1 Prior to
approval of
each tentative
tract or parcel
map that the
trail is located
within.
The Mountain Park Specific Plan includes the implementation of the public Gypsum Creek Regional Riding and Hiking Trail (refer to Exhibit 3-8 of the Draft EIR, Open Space, Trail and Bikeway Plan). Prior to approval of each tentative tract or parcel map that the trail is located within, the final alignment and final design for the Gypsum Creek Regional Riding and Hiking Trail shall be reviewed and approved by the Community Services Department and County of Orange Harbors, Beaches and Parks Department and shown on the tract or parcel map.
An offer of dedication of trail easements to the County of Orange shall occur concurrently with recordation of final tract or parcel maps. Trail improvements shall be completed prior to final building and zoning inspections for the first building within said tracts.
Department of Public
Works/Planning &
Building Department,
Community Services
Department, County
of Orange Harbors,
Beaches, and Parks
Department
3.14 Cultural Resources
Mitigation Measures
MM 14-1 Prior to the
issuance of a
grading permit.
Prior to the issuance of a grading permit, the property owner/developer shall retain a County- certified archaeologist (project archaeologist) and submit written confirmation of this to the Department of Public Works/Planning and Building Division. The project archaeologist shall observe grading activities during project construction and recover, catalogue, analyze, and report archaeological resources as necessary in the previously undeveloped of -way) portions of the development area.
The project archaeologist shall be present at the pre -grade conference.
Department of Public
Works/Planning &
Building Department
Measure No. Timing Measure Responsible for
Monitoring Completion
The project archaeologist shall submit to the Planning Department, and Department of Public Works, Development Service Division, a written plan with procedures for archaeological resource monitoring. This plan shall include procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of the resources as appropriate, and a requirement that a Native American monitor retained by the property owner/developer be present during any required excavation. If the archae ological resources are found to be significant, the project archaeologist shall determine appropriate actions -in cooperation with the City of Anaheim for exploration and/or data recovery to adequately recover the scientifically significant information from or about the archeological resource. The project archaeologists shall prepare any excavated material to the point of identification.
Following the completion of grading associated with project construction, the archaeologists shall prepare a report detail ing the results of the monitoring program to be presented to the City of Anaheim Planning Department. The report shall follow guidelines of the California Office of Historic Preservation (1990). Excavated finds shall be accessioned into a qualified scientific institution that meets, or exceeds, the requirements of 36CFR79.
MM 14-2 During the
conduct of
ground-
disturbing
activities.
If human remains are encountered during the conduct of ground - disturbing activities, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition of the materials pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner would notify the Native American Heritage Commission (NAHC). The NAHC would determine and notify a Most Likely Descendent (MLD). The MLD may inspect the site of the discovery with the permission of the property owner/developer or his/her authorized representative. The descendent must complete the inspection within 24 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials.
Planning & Building
Department
MM 14-3 Prior to
issuance of the
first grading
permit.
Prior to issuance of the first grading permit, the property owner/developer shall submit a monitoring plan, prepared by an Orange County certified paleontologist to the Department of Public Works, Development Services Division/Planning & Building Department that ensures that the following actions are implemented:
A. The area west of Gypsum Canyon is comprised almost entirely of Department of Public
Works, Development
Services Division
Measure No. Timing Measure Responsible for
Monitoring Completion
the Topanga Formation (high paleontological sensitivity) and contains all of the heretofore recognized surface occurrences of fossils on the project site. The north -central portion of the project site is comprised chiefly of the interbedded undifferentiated Vaqueros and Sespe Formations (moderate to high paleontological sensitivity) and smaller elements of the Sespe, Santiago, and Topanga Formations (all high paleontological sensitivity).
Paleontological monitoring in the western and north-central areas of the project site shall be conducted on a full -time basis and shall be identified as such in the monitoring plan. It shall be the responsibility of the project paleontologist to show, to the satisfaction of the City, the recommended limits of full -time monitoring on the tentative tract or parcel map level grading plans, when available. Because of the potential for identifying microfossils or small fragments of macrofossils, periodic screening of sediments from cuts in these formations shall be carried out by the project paleontologist. Such material may be removed in bulk and screened off-site to minimize interference with grading operations.
B. The Holz Shale, Schulz Ranch Member of the Williams Formation, the Silverado Formation, Santiago Formation, and the Sespe Formation, exposed primary east of Gypsum Canyon, shall be monitored as determined necessary by the project paleontologist during grading operations. Recommended hours for monitoring activities shall be established by the project paleontologist and shall be outlined in the monitoring plan. It shall be the responsibility of the project paleontologist to demonstrate, to the satisfaction of the City, the appropriate level of monitoring necessary based on the
tentative tract or parcel map level grading plans, when available.
Because of the potential for identifying microfossils or small fragments of macrofossils, periodic screening of sands from cuts in these units shall be done by the project paleontologist monitor.
Such material may be removed in bulk and screened off -site to minimized interference with grading operations.
C. Any paleontological work at the site shall be conducted under the direction of a County of Orange Certified paleontologist (project paleontologist).
D. If a fossil discovery occurs during grading operations when the project paleontologist is not present, grading shall be diverted around the area until the monitor can survey the area, and or Caltrans Cultural resources staff can inspect the site, if the resources Measure No. Timing Measure Responsible for
Monitoring Completion
are to be found within Caltrans right-of-way.
E. Any fossils recovered during the development, along with their contextual stratigraphic data, shall be donated to the County of Orange, or other appropriate institution with an educational and research interest in the materials. A final report detailing findings and disposition of specimens shall be prepared by the project paleontologist and submitted to the City of Anaheim Planning & Building Department upon completion of grading.