Resolution-PC 2020-006RESOLUTION NO. PC2020-006
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM TO ADOPT A MITIGATED NEGATIVE
DECLARATION FOR PROPOSED RECLASSIFICATION NO. 2019-
00322, CONDITIONAL USE PERMIT NO. 2019-06027,
CONDITIONAL USE PERMIT NO. 2019-06028, TENTATIVE
PARCEL MAP NO. 2019-165, TENTATIVE TRACT MAP NO. 19019,
AND MISCELLANEOUS CASE NO. 2019-00707
(DEV2019-00046)
(227 NORTH MAGNOLIA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for Reclassification No. 2019-00322, Conditional
Use Permit No. 2019-06027, Conditional Use Permit No. 2019-06028, Miscellaneous Case No.
2019-00707, Tentative Parcel Map No. 2019-165, Tentative Tract Map No. 19019, for the
following land use entitlements, including (i) a zoning reclassification from T (Transition) and
RM -2 (Multiple -Family Residential) zones to the RM -3 (Multiple -Family Residential) zone on the
entire 6.24 -acre site; (ii) a conditional use permit for the development of a 59 -unit, single family
attached townhome project with modified development standards and an affordable housing
incentive for restricting 10% of the project units (6 units) for moderate -income families on a 3.27 -
acre parcel; (iii) a conditional use permit for a new church facility with childcare on a 2.97 -acre
parcel; (iv) a tentative parcel map to subdivide the 6.24 -acre property into 2 lots for the separate
church and residential uses; and (v) a tentative tract map for a condominium subdivision for the
59 -unit residential townhome project (the "Proposed Project"), for that certain real property
generally located and commonly referred to as 227 North Magnolia Avenue in the City of
Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto
as Exhibit A and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 6.24 acres in size and is currently developed
with the Victory Baptist Church campus. The Land Use Element of the Anaheim General Plan
designates the Property for Low -Medium Residential land uses. The Property is located in the "T"
Transition Zone and "RM -2" Zone. The development standards and regulations of Chapter 18.06
(Multiple -Family Residential Zones) of the Anaheim Municipal Code (the "Code") shall apply to
the Proposed Project; and
WHEREAS, the Proposed Project is to demolish the existing church facilities and construct
a new church facility with childcare on a 2.97 -acre parcel subject to approval of Conditional Use
Permit No. 2019-06027 by the Planning Commission pursuant to Sections 18.06.030 (Uses), of
Chapter 18.06 (Multiple -Family Residential Zones) of the Code; and
WHEREAS, the Proposed Project is to also construct 59 single-family attached residences
with modified development standards and density bonus incentives subject to approval of
Conditional Use Permit No. 2019-06028 and Miscellaneous Case No. 2019-00707 by the Planning
Commission pursuant to Sections 18.06.030 (Uses), of Chapter 18.06 (Multiple -Family
Residential Zones) of the Code; and
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WHEREAS, Reclassification No. 2019-00322 is to reclassify the property from the "T"
Transition Zone and "RM -2" Multiple -family Residential Zone to the "RM -3" Multiple -family
Residential Zone; and
WHEREAS, Tentative Parcel Map No. 2019-165 proposes a 2 -lot subdivision for
conveyance purposes; and
WHEREAS, Tentative Tract Map No. 19019 proposes a 1 -lot subdivision for 59
condominiums; and
WHEREAS, on April 13, 2020, the Planning Commission of the City of Anaheim
(hereinafter referred to as "Planning Commission") did hold a public hearing, notice of said public
hearing having been duly given as required by law and in accordance with the provisions of
Chapter 18.60 of the Code, to hear and consider evidence and testimony concerning the contents
and sufficiency of Mitigated Negative Declaration and for and against the Project, and to
investigate and make findings in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code
of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, a draft Mitigated Negative Declaration was prepared in accordance with
CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the
physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was
circulated for a 20 -day public/responsible agency review on March 12, 2020, and was also made
available for review on the City's website at www.anaheim.net. A complete copy of the Mitigated
Negative Declaration is on file and can be viewed in the Planning and Building Department of the
City located on the First Floor of City Hall at 200 South Anaheim Boulevard., Anaheim,
California; at the Anaheim Public Library, Central Library at 500 West Broadway, Anaheim,
California; and, the Ponderosa Joint Use Library at 240 East Orangewood Avenue, Anaheim,
California. Copies of said document were also available for purchase; and
WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration
to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) those individuals and
organizations, if any, that previously submitted written requests for notice pursuant to Section
15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction
over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the
CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the
CEQA Guidelines; and
WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation
Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that
are specific to the Proposed Project (herein referred to as "MMP No. 367"). A complete copy of
MMP No. 367 is attached hereto as Exhibit B and incorporated herein by this reference; and
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WHEREAS, the City intends and desires to use the Mitigated Negative Declaration as the
environmental documentation required by CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual for the Proposed Project; and
WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic
Center, Council Chamber, 200 South Anaheim Boulevard, on April 13, 2020, at 5:00 p.m., notice
of said public hearing having been duly given as required by law and in accordance with the
provisions of the Code, to consider the Mitigated Negative Declaration and to hear and consider
evidence for and against the Proposed Project and related actions, and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated
Negative Declaration, including MMP No. 367 and the comments received to date and the
responses prepared, the Planning Commission, based upon a thorough review of the Mitigated
Negative Declaration and related documents and the evidence received concerning the Mitigated
Negative Declaration, does find and determine as follows:
1. That the Mitigated Negative Declaration has been prepared in compliance with the
requirements of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual and,
together with MMP No. 367, serves as the appropriate environmental documentation for the
Proposed Project;
2. That it has carefully reviewed and considered the information contained in the
Mitigated Negative Declaration (including the Initial Study and any comments received during the
public review period) prior to acting upon the Proposed Project;
3. Based upon the record before it (including the Initial Study and any comments
received), the Proposed Project will have a less than significant impacts upon the environment
with the implementation of the mitigation measures contained in MMP No. 367 and that the
Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning
Commission; and
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. This Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that this Planning Commission, pursuant to the
above findings and based upon a thorough review of the Mitigated Negative Declaration and the
evidence received to date, does hereby adopt the Mitigated Negative Declaration (including the
Initial Study and any comments received during the public review period) and find and determine
as follows:
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1. That the Mitigated Negative Declaration has been prepared in compliance with the
requirements of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual and,
together with MMP No. 367, serves as the appropriate environmental documentation for the
Proposed Project;
2. Based upon the record before it (including the Initial Study and any comments
received), that the Proposed Project will have a less than significant impact upon the environment
with the implementation of the mitigation measures contained in MMP No. 367 and that the
Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning
Commission;
3. That the Planning Commission approve and adopt Mitigated Negative Declaration and
MMP No. 367; and
4. That the Planning Commission authorize and direct City staff to file with the Clerk of
the County of Orange a Notice of Determination in accordance with Section 15075(a) of the State
CEQA Guidelines.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 13, 2020. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAI 0751? SON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on April 13, 2020, by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
MULLEADY, VADODARIA, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 13"' day of April, 2020.
4.
--------------
S RETARY,
�SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2019-00046
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0 Source: Recorded Tract Maps and/or City GIS.
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EXHIBIT "B"
MITIGATION MONITORING PROGRAM NO. 367
FOR VICTORY BAPTIST CHURCH AND TOWNES AT MAGNOLIA
[Behind this page]
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EXHIBIT "B"
VICTORY BAPTIST CHURCH AND TOWNES AT
MAGNOLIA
MITIGATION MONITORING
AND REPORTING PROGRAM NO. 367
Prepared for City of Anaheim
Planning Services Division
200 S. Anaheim Boulevard Suite 162
Anaheim, California 92801
Prepared by Kimley-Horn and Associates, Inc.
765 The City Drive, Suite 200
Orange, California 92868
Date: March 2020
Victory Baptist Church and Townes at Magnolia
Mitigation Monitoring and Reporting Program
PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM
The California Environmental Quality Act (CEQA) requires that all public agencies establish monitoring
and/or reporting procedures for mitigation adopted as conditions of approval in order to mitigate or
avoid significant environmental impacts. This Mitigation Monitoring and Reporting Program (MMRP)
has been developed to provide a vehicle by which to monitor mitigation measures (MMs) outlined in
the Victory Baptist Church and Townes at Magnolia Initial Study/Mitigated Negative Declaration
(IS/MND). The Victory Baptist Church and Townes at Magnolia MMRP has been prepared in
conformance with Section 21081.6 of the Public Resources Code and City of Anaheim Monitoring
Requirements. Specifically, Section 21081.6 states:
(a) When making findings required by paragraph (1) of subdivision (a) of Section 21081
or when adopting a mitigated negative declaration pursuant to paragraph (2) of
subdivision (c) of Section 21080, the following requirements shall apply:
(1) The public agency shall adopt a reporting or monitoring program for the changes
made to the project or conditions of project approval, adopted in order to
mitigate or avoid significant effects on the environment. The reporting or
monitoring program shall be designed to ensure compliance during project
implementation. For those changes which have been required or incorporated
into the project at the request of a responsible agency or a public agency having
jurisdiction by law over natural resources affected by the project, that agency
shall, if so requested by the lead or responsible agency, prepare and submit a
proposed reporting or monitoring program.
(2) The lead agency shall specify the location and custodian of the documents or
other material which constitute the record of proceedings upon which its decision
is based.
CEQA Guidelines Section 15097 provides clarification of mitigation monitoring and reporting
requirements and guidance to local lead agencies on implementing strategies. The reporting or
monitoring program must be designed to ensure compliance during project implementation. The City
of Anaheim is the Lead Agency for the Victory Baptist Church and Townes at Magnolia Project and is
therefore responsible for ensuring the implementation of the MMRP. The MMRP has been drafted to
meet the requirements of Public Resources Code Section 21081.6 as a fully enforceable monitoring
program.
The MMRP is comprised of the Mitigation Program and includes measures to implement and monitor the
Mitigation Program. The MMRP defines the following for each MM:
■ Definition of Mitigation. The Mitigation Measure contain the criteria for mitigation, either in the
form of adherence to certain adopted regulations or identification of the steps to be taken in
mitigation.
■ Responsible Party or Designated Representative. Unless otherwise indicated, an applicant would
be the responsible party for implementing the mitigation, and the City of Anaheim or designated
representative is responsible for monitoring the performance and implementation of the
mitigation measures. To guarantee that the mitigation will not be inadvertently overlooked, a
1
Victory Baptist Church and Townes at Magnolia
Mitigation Monitoring and Reporting Program
supervising public official acting as the Designated Representative is the official who grants the
permit or authorization called for in the performance. Where more than one official is identified,
permits or authorization from all officials shall be required.
Time Frame. In each case, a time frame is provided for performance of the mitigation or the
review of evidence that mitigation has taken place. The performance points selected are designed
to ensure that impact -related components of project implementation do not proceed without
establishing that the mitigation is implemented or ensured. All activities are subject to the
approval of all required permits from agencies with permitting authority over the specific activity.
The numbering system in the table corresponds with the numbering system used in the IS/MND. The last
column of the MMRP table will be used by the parties responsible for documenting when implementation
of the mitigation measure has been completed. The ongoing documentation and monitoring of mitigation
compliance will be completed by the City of Anaheim. The completed MMRP and supplemental
documents will be kept on file at the City of Anaheim Planning Services Division.
Victory Baptist Church and Townes at Magnolia
Initial Study and Mitigated Negative Declaration
Mitigation Monitoring and Reportin
VICTORY BAPTIST CHURCH AND TOWNES AT MAGNOLIA PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Responsible for
Verification
Monitoring/ Reporting
Approval/
Mitigation Measures (MMs)
Implementation Timing
Methods
Monitoring
Date
Initials
Air Quality
SC AQ -1: Dust Control. During construction, the applicant shall
Include requirements in bid
Best available control
Planning and
require all construction contractors to comply with South Coast Air
packages; show on grading
measures shown on
Building Department
Quality Management District's (SCAQMD's) Rules 402 and 403 in
and construction plans
construction plans
designee
order to minimize construction emissions of dust and particulates.
During demolition, grading,
Site inspections
SCAQMD Rule 402 requires that air pollutant emissions not be a
nuisance off site. Rule 402 prohibits the discharge from any source
construction
whatsoever such quantities of air contaminants or other material
which cause injury, detriment, nuisance, or annoyance to any
considerable number of persons or to the public, or which
endanger the comfort, repose, health, or safety of any such persons
or the public, or which cause, or have a natural tendency to cause,
injury or damage to business or property.
SCAQMD Rule 403 requires that fugitive dust be controlled with
Best Available Control Measures so that the presence of such dust
does not remain visible beyond the property line of the emission
source. This rule is intended to reduce PMso emissions from any
transportation, handling, construction, or storage activity that has
the potential to generate fugitive dust. This requirement shall be
included as notes on the contractor specifications. Table 1 of Rule
403 lists the Best Available Control Measures that are applicable to
all construction projects. The measures include, but are not limited
to, the following:
a. Portions of a construction site to remain inactive longer than
a period of three months will be seeded and watered until
grass cover is grown or otherwise stabilized.
b. All on-site roads will be paved as soon as feasible or watered
periodically or chemically stabilized.
Victory Baptist Church and Townes at Magnolia
Initial Study and Mitigated Negative Declaration
Mitigation Monitoring and Reporting Program
Responsible for
Verification
Monitoring/ Reporting
Approval/
Mitigation Measures (MMs)
Implementation Timing
Methods
Monitoring
Date
Initials
c. All material transported off site will be either sufficiently
watered or securely covered to prevent excessive amounts of
dust.
d. The area disturbed by clearing, grading, earthmoving, or
excavation operations will be minimized at all times.
e. Where vehicles leave a construction site and enter adjacent
public streets, the streets will be swept daily or washed down
at the end of the work day to remove soil tracked onto the
paved surface.
SC AQ -2: Architectural Coatings. South Coast Air Quality
Include requirements in bid
Show on construction
Planning and
Management District (SCAQMD) Rule 1113 requires manufacturers,
packages; show on grading
plans
Building Department
distributors, and end-users of architectural and industrial
and construction plans
Site inspections
designee
maintenance coatings to reduce reactive organic gas (ROG)
Prior to the start of
emissions from the use of these coatings, primarily by placing limits
on the ROG content of various coating categories. Architectural
construction
coatings shall be selected so that the volatile organic compound
(VOC) content of the coatings is compliant with SCAQMD Rule
1113. This requirement shall be included as notes on contractor
specifications.
Biological Resources
SC 13I0-1: Nesting Migratory Birds. During construction,
Include requirements in bid
Site inspections
Planning and
grubbing, brushing, or tree removal shall be conducted outside of
packages; show on grading
Nesting Bird Plan NBP),
Building Department
the state identified nesting season for migratory birds (i.e.,
and construction plans
if nests found during
designee
typically March 15 through September 1), if possible. If
Applicable during nesting
nesting season
construction activities cannot be conducted outside of nesting
bird season:
: 3 days prior to
season, a Pre -Construction Nesting Bird Survey within and
adjacent to the project site shall be conducted by a qualified
construction
biologist within three days prior to initiating construction
Avoidance during
activities. If active nests are found during the Pre -Construction
construction.
Nesting Bird Survey, a Nesting Bird Plan (NBP) shall be prepared
by a qualified biologist and implemented during construction. At
Victory Baptist Church and Townes at Magnolia
Initial Study and Mitigated Negative Declaration
Mitigation Monitoring and Reporting Program
Responsible for
Verification
Monitoring/ Reporting
Approval/
Mitigation Measures (MMs)
Implementation Timing
Methods
Monitoring
Date
Initials
a minimum, the NBP shall include guidelines for addressing active
nests, establishing buffers, monitoring, and reporting. The size
and location of all buffer zones, if required, shall be based on the
nesting species, nesting sage, nest location, its sensitivity to
disturbance, and intensity and duration of the disturbance
activity.
Cultural and Tribal Cultural Resources
SC CUL -1: California Health and Safety Code Section 7050.5, State
Include requirements in bid
Site inspections
Planning and
CEC1A Guidelines Section 15064.5, and Public Resources Code (PRC)
packages; show on grading
Building Department
Section 5097.98 mandate the process to be followed in the event of
and construction plans
designee;
an accidental discovery of any human remains in a location other
During ground disturbance
Contractor; Coroner
than a dedicated cemetery. California Health and Safety Code
activities
and Native American
Section 7050.5 requires that in the event that human remains are
Heritage
discovered, disturbance of the project site shall be halted until the
Commission, if
coroner has conducted an investigation into the circumstances,
required
manner and cause of death, and the recommendations concerning
the treatment and disposition of the human remains have been
made to the person responsible for the excavation, or to his or her
authorized representative, in the manner provided in PRC Section
5097.98. If the coroner determines that the remains are not subject
to his or her authority and if the coroner recognizes or has reason
to believe the human remains to be those of a Native American, he
or she shall contact, by telephone within 24 hours, the Native
American Heritage Commission.
Geology and Soils
MM GEO-1: During rough grading activities, which are defined as
Include requirements in bid
Monitoring during
Planning and
any grading activity occurring at depths below four feet from the
packages; show on grading
grading
Building Department
existing surface, close monitoring should occur to quickly and
and construction plans
Documentation of
designee;
professionally collect any specimens without impeding
paleontological
Contractor;
development and sediment samples should be collected and
discoveries; Notification
Qualified Vertebrate
processed by a qualified professional to determine the small fossil
Paleontologist
Victory Baptist Church and Townes at Magnolia
Initial Study and Mitigated Negative Declaration
Mitigation Monitoring and Reporting Program
Responsible for
Verification
Monitoring/ Reporting
Approval/
Mitigation Measures (MMs)
Implementation Timing
Methods
Monitoring
Date
Initials
potential. In the event that paleontological resources are
During ground disturbance
of appropriate agencies;
inadvertently unearthed during excavation and grading activities of
activities below 4 feet from
Preparation of
any future development project, the paleontologist or contractor
existing surface
excavation plan, as
shall temporarily cease all earth -disturbing activities within a 100-
needed
foot radius of the area of discovery. The qualified professional shall
evaluate the significance of the finding and determine the
appropriate course of action. If avoidance of the resource(s) is not
feasible, salvage operation requirements pursuant to Section
15064.5 of the State CEQA Guidelines shall be followed. After the
find has been appropriately avoided or mitigated, work in the area
may resume. Nothing in this mitigation measure precludes the
retention of a single cross -trained observer who is qualified to
monitor for both archaeological and paleontological resources.
Greenhouse Gas Emissions
SC GHG-1: Prior to issuance of building permits, the applicant
Include requirements in bid
Review of building plans
Planning and
shall be required to demonstrate to the Planning Division and
packages; show on grading
Building Department
Building Division that building plans meetthe applicableTitle 24
and construction plans
designee
Energy Efficiency Standards for Residential and Nonresidential
Buildings (California Code of Regulations [CCR], Title 24, Part 6).
Prior to the issuance of
These standards are updated, nominally every three years, to
building permits
incorporate improved energy efficiency technologies and methods.
SC GHG-2: Prior to issuance of building permits, the applicant shall
Include requirements in bid
Review of building plans
Planning and
be required to demonstrate to the Planning Services Division, that
packages; show on grading
Building Department
building plans meet the applicable California Green Building
and construction plans
designee
Standards (CalGreen) Code (24 CCR 11).
Prior to the issuance of
building permits
Victory Baptist Church and Townes at Magnolia
Initial Study and Mitigated Negative Declaration
Mitigation Monitoring and Reporting Program
Responsible for
Verification
Monitoring/ Reporting
Approval/
Mitigation Measures (MMs)
Implementation Timing
Methods
Monitoring
Date
Initials
Noise
SC N-1: All construction activities should be limited to the hours
Include requirements in bid
Site inspections
Planning and
between 7:00 a.m. and 7:00 p.m. in compliance with AMC Section
packages; show on grading
Building Department
6.70.0110.
and construction plans
designee
During construction
MM N-1: The applicant shall ensure through contract specifications
Include requirements in bid
Include requirements in
Planning and
that construction best management practices (BMPs) be
packages; show on grading
bid packages; show on
Building Department
implemented by contractors to reduce construction noise levels.
and construction plans
construction plans
designee
Contract specifications shall be included in construction
documents, which shall be reviewed by the City prior to issuance of
During construction
Site inspections
a grading or building permit (whichever is issued first). The
construction BMPs shall include the following:
• Ensure that construction equipment is properly muffled
according to industry standards and be in good working
condition.
• Place noise -generating construction equipment and locate
construction staging areas away from sensitive uses, where
feasible.
• Use electric air compressors and similar power tools
rather than diesel equipment, where feasible.
• Construction -related equipment, including heavy-duty
equipment, motor vehicles, and portable equipment, shall
be turned off when not in use for more than 5 minutes.
• Construction hours, allowable workdays, and the phone
number of the job superintendent shall be clearly posted at
all construction entrances to allow for surrounding owners
and residents to contact the job superintendent. If the City
or thejob superintendent receives a complaint, the
superintendent shall investigate, take appropriate
Victory Baptist Church and Townes at Magnolia
Initial Study and Mitigated Negative Declaration
Mitigation Monitoring and Reporting Program
Responsible for
Verification
Monitoring/ Reporting
Approval/
Mitigation Measures (MMs)
Implementation Timing
Methods
Monitoring
Date
Initials
corrective action, and report the action taken to the
reporting party.
MM N-2: Prior to the issuance of a grading permit, the City's
Include requirements in bid
Best available control
Planning and
Building Division shall confirm that construction contract
packages; show on grading
measures shown on
Building Department
specifications prohibit the use of large construction equipment
and construction plans
construction plans
designee
(e.g., dozers, graders, scrapers, vibratory rollers) capable of
generating vibration levels of 0.4 inches -per -second PPV at
Prior to the issuance of a
Site inspections
sensitive receiver locations within 20 feet of adjacent residences. If
grading permit
the contractor can demonstrate that specific pieces of large
During grading
construction equipment vibration levels of 0.4 inches -per -second
PPV, then they shall be allowed to operate within the 20 -foot
buffer zone.
Recreation
SC R-1: The Applicant shall comply with the City of Anaheim
Prior to issuance of building
Evidence of compliance
Planning and Building
provisions for park and recreational facilities (Anaheim Municipal
permit
Department designee
Code §17.34.010). Prior to the issuance of a building permit for any
dwelling unit or units, the Applicant shall irrevocably offer to
dedicate a portion of the land on which said unit or units are
located and pay a fee for the development thereof, or pay a fee in
lieu of dedication and the development fee for the purpose of
providing park and recreational facilities to serve the future
residents of the unit or units; provided, however, that, for projects
having 50 or fewer dwelling units, only the payment of the in -lieu
fee shall be required. Upon the approval of the Director of the
Community Services Department, the Applicant may irrevocably
offer land other than the land on which the units are located.
Tribal Cultural Resources
MM TCR -1: A Native American Monitor/Consultant shall be
Include requirements in bid
Contract with approved
Planning and
retained and a copy of the executed contract shall be submitted to
packages; show on grading
monitor/ consultant
Building Department
the City of Anaheim Planning & Building Department prior to the
and construction plans
designee; Native
Victory Baptist Church and Townes at Magnolia
Initial Study and Mitigated Negative Declaration
Mitigation Monitoring and Reporting Program
Responsible for
Verification
Monitoring/ Reporting
Approval/
Mitigation Measures (MMs)
Implementation Timing
Methods
Monitoring
Date
Initials
commencement of construction. The Applicant shall be required to
Prior to the issuance of a
Monitoring during
American
retain and compensate for the services of a tribal
Notice to Proceed for any
ground disturbance
Monitor/Consultant
monitor/consultant who is both approved by the Gabrieleno Band
ground disturbance
activities
of Mission Indians-Kizh Nation Tribal Government and is listed
under the NAHC's Tribal Contact list for the project area. This list is
During ground disturbance
provided by the NAHC. The tribal monitor/consultant shall only be
activities below 4 feet from
present on the project site during rough grading activities which are
existing surface
defined as any grading activity occurring at depths below four feet
Immediately stop grading in
from the existing surface. The tribal monitor/consultant shall
area of discovery
complete daily monitoring logs that will provide descriptions of the
day's activities, including construction activities, locations, soil, and
any cultural materials identified. On-site monitoring shall end when
project site rough grading activities are completed.
MM TCR -2: Unanticipated Discovery of Tribal Cultural and
Include requirements in bid
Contract with approved
Planning and
Archaeological Resources. Upon discovery of any archaeological
packages; show on grading
monitor/ consultant
Building Department
resources, construction activities shall be ceased in the immediate
and construction plans
Monitoring during
designee; Native
vicinity of the find until the find can be assessed. All archaeological
Prior to the issuance of a
ground disturbance
American
resources unearthed by project construction activities shall be
Notice to Proceed for any
activities
Monitor/Consultant
evaluated by the qualified archaeologist and Tribal
ground disturbance
monitor/consultant approved by the Gabrieleno Band of Mission
Indians-Kizh Nation. If the resources are Native American in origin,
During ground disturbance
the Gabrieleno Band of Mission Indians-Kizh Nation shall
activities below 4 feet from
coordinate with the Property Owner/Developer regarding
existing surface
treatment and curation of these resources. Typically, the Tribe will
Immediately stop grading in
request reburial or preservation for educational purposes. Work
area of discovery
may continue on other parts of the project site while evaluation
and, if necessary, mitigation takes place (CEQA Guidelines Section
15064.5[f]). If a resource is determined by the qualified
archaeologist to constitute a "historical resource" or "unique
archaeological resource," time allotment and funding sufficient to
allow for implementation of avoidance measures, or appropriate
mitigation, must be available. The treatment plan established for
the resources shall be in accordance with CEQA Guidelines Section
Victory Baptist Church and Townes at Magnolia
Initial Study and Mitigated Negative Declaration Mitigation Monitoring and Reporting Program
Mitigation Measures (MMs)
Implementation Timing
Monitoring/ Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date
Initials
15064.5(f) for historical resources and PRC Sections 21083.2(b) for
unique archaeological resources. Preservation in place (i.e.,
avoidance) is the preferred manner of treatment. If preservation in
place is not feasible, treatment may include implementation of
archaeological data recovery excavations to remove the resource
along with subsequent laboratory processing and analysis. Any
historic archaeological material that is not Native American in
origin shall be curated at a public, non-profit institution with a
research interest in the materials, such as the Natural History
Museum of Los Angeles County or the Fowler Museum, if such an
institution agrees to accept the material. If no institution accepts
the archaeological material, they shall be offered to a local school
or historical society in the area for educational purposes.
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