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Resolution-PC 2017-003 EXHIBIT "B" 1700SLEWISSTREETTRUMARKTOWNHOMESPROJECT MITIGATIONMONITORINGPLANNO.339 Terms and Definitions: Property Owner/Developer – 1.Trumark Homes, LLC Responsibility for Monitoring – 4.Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined Environmental Equivalent/Timing 2.– Any mitigation measure and adequate by all departments listed for each mitigation measure. Outside the timing thereof, subject to the approval of the City, which will have public agency review is limited to those public agencies specified in the same or superior result and will have the same or superior effect on the Mitigation Monitoring Plan which have permit authority in environment. The Planning Department, in conjunction with any conjunctionwith the mitigation measure. appropriate agencies or City departments, shall determine the adequacy of any proposed "environmental equivalent/timing" and, if Ongoing Mitigation Measures – The mitigation measures that are 5. determined necessary, may refer said determination to the Planning designated to occur on an ongoing basis as part of this Mitigation Commission. Any costs associated with information required in order Monitoring Plan will be monitored in the form of an annual letter from to make a determination of environmental equivalency/timing shall the property owner/developer in January of each year demonstrating be done by the property owner/developer.Staff time for reviews how compliance with the subject measure(s) has been achieved. When will be charged ona time and materials basis at the rate in the City's compliance with a measure has been demonstrated for a period of one adopted Fee Schedule. year, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored Timing – 3.This is the point where a mitigation measure must be "Ongoing During Construction", the annual letter will review those monitored for compliance. In the case where multiple action items are measures only while construction is occurring; monitoring will be indicated, it is the first point where compliance associated with the discontinuedafter construction is complete. A final annual letter will mitigation measure must be monitored. Once the initial action item has be provided at the close of construction. been complied with, no additional monitoring pursuant to the Mitigation Monitoring Plan will occur, as routine City practices and procedures will ensure that the intent of the measure has been complied with. For Building Permit – 6.For purposes of this Mitigation Monitoring Plan, example, if the timing is "to be shown on approved building plans" abuilding permit shall be defined as any permit issued for construction subsequent to issuance of the building permit consistent with the of a new building or structural expansion or modification of any approved plans will be final building and zoning inspections pursuant to existing building, but shall not include any permits required for the building permit to ensure compliance. interior tenant improvements or minor additions to an existing structure or building. 1 1700SLEWISSTREETTRUMARKTOWNHOMESPROJECT MITIGATIONMONITORINGPLANNO.339 MITIGATIONRESPONSIBLE FOR NUMBERTIMINGMEASURE MONITORING COMPLETION AIR QUALITY The Property Owner/Developer shall be responsible for requiring Planning and Building Ongoing during contractors to ensure that all off-road construction equipment in excess Department, Planning MM AQ-1 grading and of 150 horsepower used on-site is equipped with engines meeting the Services Division construction United States Environmental Protection Agency (EPA) Tier III off- road engine emission standards, and note as such on the plans. SCAQMD IV. BIOLOGICAL RESOURCES To avoid any direct and/or indirect impacts to resident and/or migratory birds, the Property Owner/Developer shall indicate on plans that the Project-related construction activities will occur outside the avian nesting season (February–August). If demolition, grading or construction must occur within the nesting season, the Property Owner/Developer shall hire a qualified biologist to perform a pre-Planning and Building Prior to Demolition, construction survey to determine the presence or absence of nesting Department, Planning MM BIO-1 Grading, or Building birds and nesting raptors on or within 500 feet of the construction area. Services Division Permit The pre-construction survey shall be conducted no more than 10 calendar days prior to the commencement of demolition, grading or construction. If no active nests are detected or demolition, grading or construction activities occur outside the avian nesting season, no further action is necessary and permits may be issued without biological monitoring requirements. 2 1700SLEWISSTREETTRUMARKTOWNHOMESPROJECT MITIGATIONMONITORINGPLANNO.339 If an active nest is located during pre-construction surveys, the Property Owner/Developer shall notify the United States Fish and Wildlife Service (USFWS) and/or the California Department of Fish and Wildlife (CDFW), as appropriate, regarding the status of the nest. Demolition, grading and construction activities shall be restricted as necessary to avoid disturbance of the nest until it is abandoned or the Planning and Building Prior to Demolition, agencies deem disturbance potential to be minimal. Restrictions may Department, Planning MM BIO-2 Grading, or Building include establishment of exclusion zones (no ingress of personnel or Services Division Permit equipment at a minimum radius of 100 feet around an active raptor nest and a 50-foot radius around an active migratory bird nest) or alteration of the construction schedule. A biological monitor shall be present during construction activities to maintain the exclusion zones, minimize construction impacts and ensure that no nest is removed or disturbed until all young have fledged. Compliance with the above restrictions shall be indicated on plans prior to issuance of permits. V. CULTURAL RESOURCES A note shall be provided on project plans indicating that during ongoing grading and construction, in the event that buried historic or prehistoric cultural resources are discovered, the Property Owner/Developer will ensure that operations stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archeologist shall make recommendations to the Lead Agency on the Planning and Building measures that shall be implemented to protect the discovered Prior to the issuance Department, Planning MM CUL-1 resources, including but not limited to excavation of the finds and of grading permits Services Division evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Potentially significant cultural resources consist of but are not limited to stone, bone, fossils, wood, shell, glass, or metal artifacts, and various features including hearths, structural remains, or historic dumpsites. Any previously undiscovered resources found during construction within the Project area shall be recorded on appropriate DPR forms and evaluated for significance in terms of CEQA criteria. 3 1700SLEWISSTREETTRUMARKTOWNHOMESPROJECT MITIGATIONMONITORINGPLANNO.339 If any inadvertently discovered resources are determined to be unique or significant resources as defined under Section 15064.5 of the CEQA Planning and Building Ongoing during Guidelines, mitigation measures shall be identified by the archaeological Department, Planning MM CUL-2 grading and monitor and recommended to the Lead Agency. Examples of Services Division construction appropriate mitigation measures for significant resources may include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of any inadvertent discovery until the Lead Agency approves the measures to protect these resources. Planning and Building Ongoing during Any archaeological artifacts recovered as a result of mitigation shall be Department, Planning MM CUL-3 grading and donated to a qualified scientific institution approved by the Lead Agency Services Division construction where they would be afforded long-term preservation to allow future scientific study. In the event of an accidental discovery or recognition of any human remains, the Property Owner/Developer shall be required to follow Public Resource Code (PRC) Section 5097.98. In this instance, once Project-related earthmoving begins and if there is accidental discovery or recognition of any human remains, the following steps shall be taken: 1. The Property Owner/Developer will ensure that there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the County Coroner is contacted to determine if the remains are Native American and if an investigation of the Planning and Building Ongoing during cause of death is required. If the coroner determines the Department, Planning MM CUL-4 grading and remains to be Native American, the coroner shall contact the Services Division construction NAHC within 24 hours, and the NAHC shall identify the person or persons it believes to be the “most likely descendant” of the deceased Native American. The most likely descendant may make recommendations to the Property Owner/Developer and/or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in PRC Section 5097.98, or 2. Where the following conditions occur, the Property Owner/Developer or his/her authorized representative shall 4 1700SLEWISSTREETTRUMARKTOWNHOMESPROJECT MITIGATIONMONITORINGPLANNO.339 rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendations of the most likely descendent or on the Project area in a location not subject to further subsurface disturbance: • The NAHC is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 48 hours after being notified by the commission; • The descendent identified fails to make a recommendation; or • The Property Owner/Developer or his authorized representative rejects the recommendation of the descendent, and the mediation by the NAHC fails to provide measures acceptable to the Property Owner/Developer. XII. NOISE The Property Owner/Developer shall be responsible for requiring contractors to implement the following measures to limit construction- related noise: • The construction contractor shall ensure that all equipment driven by internal combustion engines shall be equipped with mufflers, which are in good condition and appropriate for the equipment. • The construction contractor shall ensure that unnecessary idling of internal combustion engines (i.e., idling in excess of Planning and Building Ongoing during 5 minutes) is prohibited. Department, Planning MM NOI-1 grading, demolition, • The construction contractor shall utilize “quiet” models of Services Division and construction air compressors and other stationary noise sources where technology exists. • The construction contractor shall ensure that stationary noise-generating equipment be located as far as practicable from sensitive receptors and placed so that emitted noise is directed away from adjacent sensitive receptors. • The construction contractor shall ensure that the construction staging areas shall be located to create the greatest feasible distance between the staging area and noise- 5 1700SLEWISSTREETTRUMARKTOWNHOMESPROJECT MITIGATIONMONITORINGPLANNO.339 sensitive receptors nearest the Project site. • All on-site demolition and construction activities, including deliveries and engine warm-up, shall be restricted to the hours between 7:00 a.m. and 7:00 p.m., daily. XIII. PALEONTOLOGICAL RESOURCES The Property Owner/Developer shall provide to the City a detailed Planning and Building Prior to issuance of Paleontological Resource Impact Management Plan (PRIMP) prepared Department, Planning MM PALEO-1 demolition, grading or by a qualified paleontological monitor who has been retained by the Services Division building permits Property Owner/Developer to observe subsurface excavations exceeding a depth of five feet below surface. The Property Owner/Developer shall halt or divert excavations within a 50-foot radius of an inadvertent find of fossils or fossil-bearing deposits discovered during construction activities at a depth of less than five feet below surface and retain a qualified paleontologist to examine the discovery. The paleontologist shall document the discovery in accordance with Society of Vertebrate Paleontology \[1995\] standards, evaluate the potential resource, and assess the Planning and Building Ongoing during significance of the find under the criteria set forth in CEQA Guidelines Department, Planning MM PALEO-2 grading and Section 15064.5. Further excavation within the 50-foot radius of the Services Division construction find shall not recommence until the paleontologist has completed this assessment and notified the appropriate agencies to determine procedures that shall be followed. If the Property Owner/Developer determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan which shall mitigate the effect of construction activities on the discovery. The plan shall be submitted to the City of Anaheim for review and approval prior to implementation. XVIII. TRIBAL CULTURAL RESOURCES The Property Owner/Developer shall provide grading plans to the designated representative of the Gabrieleno Band of Mission Indians— Kizh Nation for review. Upon request of the tribal representative, the Planning and Building Prior to issuance of a Property Owner/Developer shall retain a qualified tribal monitor from Department, Planning MM TRIBAL-1 grading permit the Gabrieleno Band of Mission Indians—Kizh Nation to work Services Division cooperatively with the project archaeologist during ground disturbing activities to identify and protect any potential tribal cultural resources discovered on site. 6 1700SLEWISSTREETTRUMARKTOWNHOMESPROJECT MITIGATIONMONITORINGPLANNO.339 STANDARD CONDITION RESPONSIBLE FOR NUMBERTIMINGCONDITION MONITORING COMPLETION AIR QUALITY All construction contractors shall comply with South Coast Air Quality Management District (SCAQMD) regulations, including Rule 403, Fugitive Dust. All grading (regardless of acreage) shall apply best available control measures for fugitive dust in accordance with Rule 403. To ensure that the Project is in full compliance with applicable SCAQMD dust regulations and that there is no nuisance impact off the site, the Property Owner/Developer would be required to implement each of the following: Moisten soil not more than 15 minutes prior to moving soil or conduct whatever watering is necessary to prevent visible dust emissions from exceeding 100 feet in any direction. Apply chemical stabilizers to disturbed surface areas (completed grading areas) within five days of completing grading or apply dust suppressants or vegetation sufficient to Planning and Building maintain a stabilized surface. Department, Planning Water excavated soil piles hourly or covered with temporary Ongoing During SC-4.3-1 Services Division coverings. Construction Water exposed surfaces at least twice a day under calm SCAQMD conditions. Water as often as needed on windy days when winds are less than 25 miles per day or during very dry weather in order to maintain a surface crust and prevent the release of visible emissions from the construction site. Wash mud-covered tired and under-carriages of trucks leaving construction sites. Provide for street sweeping, as needed, on adjacent roadways to remove dirt dropped by construction vehicles or mud, which would otherwise be carried off by trucks departing project sites. Securely cover loads with a tight fitting tarp on any truck leaving the construction sites to dispose of debris. Cease grading during period when winds exceed 25 miles per hour. 7 1700SLEWISSTREETTRUMARKTOWNHOMESPROJECT MITIGATIONMONITORINGPLANNO.339 Permanently installed wood burning devices into any new development shall be prohibited. A wood burning device means any Planning and Building fireplace, wood burning heater, or pellet-fueled wood heater, or any Department, Planning SC-4.3-2 similarly enclosed, permanently installed, indoor or outdoor device Services Division burning any solid fuel for aesthetic or space-heating purposes, which has a heat input of less than one million British thermal units per hour. The Property Owner/Developer shall comply with Title 24 of the California Code of Regulations established by the energy conservation Planning and Building standards. The Project Applicant shall incorporate the following in Department, Planning building plans: SC-4.3-3 Services Division Double paned glass or window treatment for energy conservation shall be used in all exterior windows; Buildings shall be oriented north/south where feasible. Planning and Building The Property Owner/Developer shall contact the Air Quality Department, Planning Management District (AQMD) at (800) 288 7664 for potential SC-4.3-4 Services Division additional conditions of development or for additional permits required by the AQMD. SCAQMD VIII. HAZARDS AND HAZARDOUS MATERIALS Prior to demolition activities, removal and/or abatement of asbestos containing building materials, lead based paints, and hazardous Planning and Building materials associated with the existing building materials, an Department, Building Prior to Issuance of investigation shall be conducted by a qualified environmental Division SC 4.8-1 Demolition Permit professional in consultation with the Anaheim Fire Department. An asbestos and hazardous materials abatement plan shall be developed by Fire Department the qualified environmental professional, in order to clearly define the scope and objective of the abatement activities. Workers shall comply with the requirements of Title 8 of the California Code of Regulations, Section 1529, which provides for Ongoing during exposure limits, exposure monitoring, respiratory protection, and good Planning and Building SC 4.8-2 demolition, grading, working practices by workers exposed to asbestos. Asbestos-Department, Building and excavation contaminated debris and other wastes shall be managed and disposed Division of in accordance with the applicable provision of the California Health and Safety Code. 8 1700SLEWISSTREETTRUMARKTOWNHOMESPROJECT MITIGATIONMONITORINGPLANNO.339 Workers shall comply with the requirements of Title 8 of the California Code of Regulations, Section 1532.1, which provides for Ongoing during exposure limits, exposure monitoring, respiratory protection, and good Planning and Building SC 4.8-3 demolition, grading, working practice by workers exposed to lead. Lead-contaminated Department, Building and excavation debris and other wastes shall be managed and disposed of in Division accordance with the applicable provision of the California Health and Safety Code. Prior to investigations, Planning and Building SC 4.8-4 demolition, or All activities shall be coordinated with Dig Alert (811). Department, Building renovation Division Visual inspections for areas of impact to soil shall be conducted during site grading. If unknown or suspect materials are discovered during construction by the contractor that are believed to involve hazardous wastes or materials, the contractor shall: Public Works Ongoing during site SC 4.8-5 • Immediately stop work in the vicinity of the suspected Department, grading contaminant, removing workers and the public from the area; Development Services • Notify the City Engineer and Anaheim Fire Department; • Secure the area(s) in question; and Implement required corrective actions, including remediation if applicable. 9