RES-2020-128 RESOLUTION NO. 2020-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TO ADOPT A MITIGATED NEGATIVE
DECLARATION FOR PROPOSED RECLASSIFICATION NO.
2019-00324, CONDITIONAL USE PERMIT NO. 2019-06040,
AND DEVELOPMENT AGREEMENT NO. 2020-00003
(DEV2019-00087)
(1122 NORTH ANAHEIM BOULEVARD)
WHEREAS, the City Council of the City of Anaheim (the "City Council") did receive a
verified petition for Reclassification No. 2019-00324, Conditional Use Permit No. 2019-06040,
and Development Agreement No. 2020-00003 to demolish existing buildings and construct a
residential development consisting of 269 residential units (apartments)with a 1,600 square-foot
leasing office, and a parking structure, with modified development standards (the "Proposed
Project"), on that certain real property located at 1122 North Anaheim Boulevard 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 4.5 acres in size. The project site is located
in the "I" Industrial zone, and is designated for Mixed-Use High land uses by the General Plan.
The development standards and regulations of Chapter 18.32 (Mixed-Use Overlay Zone) of the
Anaheim Municipal Code (the "Code") shall apply to the Proposed Project; and
WHEREAS,the Proposed Project is to construct a mixed-use development consisting of
269 residential units (apartments)with a 1,600 square-foot leasing office and a parking structure
with modified development standards subject to approval of Conditional Use Permit No. 2019-
06040 by the Planning Commission pursuant to Sections 18.32.030 (Uses), of Chapter 18.32
(Multiple-Family Residential Zones) of the Code; and
WHEREAS,Reclassification No.2019-00324 is to reclassify the property to apply"MU"
Mixed-Use Overlay Zone over the existing "I" Industrial Zone; and
WHEREAS, Development Agreement No. 2020-00003 proposes to provide the
developer a vested right to develop the Proposed Project in accordance with Reclassification No.
2019-00324 and Conditional Use Permit No. 2019-06040 for the term of the Development
Agreement, and in return the developer would provide funding for City's affordable housing
programs; and
WHEREAS, Conditional Use Permit No. 2019-06040 proposes to demolish existing
buildings and construct a residential development consisting of 269 residential units(apartments)
with a 1,600 square-foot leasing office, and a parking structure, with modified development
standards; and
- 1 -
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, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, a draft Mitigated Negative Declaration was prepared to evaluate the
physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration
was circulated for a 30-day public/responsible agency review on August 6, 2020, and was also
made available for review on the City's website at www.anaheim.net. On March 16, 2020, the
Anaheim City Council approved a resolution proclaiming the existence of a local emergency
regarding Novel Coronavirus (COVID-19), and in conjunction with this action closed the City
Hall and the Public Libraries to public access. Therefore the IS/MND was not available in these
locations,but was made available for purchase; 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. 373"). A complete
copy of MMP No. 373 is attached hereto as Exhibit B and incorporated herein by this reference;
and
WHEREAS,the City gave notice of its intent to adopt the Mitigated Negative Declaration
to(a)the public pursuant to Section 15072(b)of the CEQA Guidelines, (b)those individuals and
organizations, if any, that previously submitted written requests for notice pursuant to Section
15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with
jurisdiction over resources that will be affected by the Proposed Project pursuant to Section
15073(c)of the CEQA Guidelines,and(d)the Clerk of the County of Orange pursuant to Section
15072(a) of the CEQA Guidelines; and
WHEREAS, the City intends and desires to use the Mitigated Negative Declaration as
the environmental documentation required by CEQA,the CEQA Guidelines and the City's Local
CEQA Procedure Manual for the Proposed Project; and
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in
California as a result of the threat of COVID-19. On March 17,2020, Governor Newsom issued
Executive Order N-29-20 (superseding the Brown Act-related provisions of Executive Order N-
25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings
via teleconferencing and to make public meetings accessible telephonically or otherwise
electronically to all members of the public seeking to observe and to address the local legislative
body; and
-2-
WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a
teleconferencing public hearing in the City of Anaheim on September 28, 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 Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for the
Mitigated Negative Declaration and to hear and consider evidence for and against the Proposed
Project and related actions, and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, by its motion, and pursuant to the provisions of CEQA, the CEQA
Guidelines, and the City's Local CEQA Procedure Manual,the Planning Commission found and
determined that the Proposed Project will have a less than significant impact upon the
environment with the implementation of the conditions of approval and the mitigation measures
attached to that concurrent Resolution and contained in MMP No. 373, and recommended that
the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 373; and
WHEREAS, upon receipt of Planning Commission recommendation, made by motion,
the City Council did fix the 27thday of October , 2020, as the time, through
teleconference, for a public hearing on the Proposed Project and the Mitigated Negative
Declaration and for the purpose of considering evidence for and against the Proposed Project
and the Mitigated Negative Declaration, and did give notice thereof in the manner and as
provided by law; and
WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated
Negative Declaration, including MMP No. 373 and the comments received to date and the
responses prepared, the City Council does find and determine as follows:
1. That the Mitigated Negative Declaration has been prepared in compliance with the
requirements of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual
and, together with MMP No. 373, 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. 373 and that the
Mitigated Negative Declaration reflects the independent judgment and analysis of the City
Council; and
-3 -
WHEREAS, this City Council determines that the evidence in the record constitutes
substantial evidence to support the actions taken and the findings made in this Resolution, that
the facts stated in this Resolution are supported by substantial evidence in the record, including
testimony received at the public hearing, the staff presentations,the staff report and all materials
in the project files. There is no substantial evidence, nor are there other facts, that negate the
findings made in this Resolution. This City Council expressly declares that it considered all
evidence presented and reached these findings after due consideration of all evidence presented
to it.
NOW, THEREFORE, BE IT RESOLVED that this City Council, pursuant to the above
findings and based upon a thorough review of the Mitigated Negative Declaration and the
evidence received to date, does hereby adopt the Mitigated Negative Declaration (including the
Initial Study and any comments received during the public review period)based on the findings
and determinations as follows:
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. 373, 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. 373 and that the
Mitigated Negative Declaration reflects the independent judgment and analysis of the City
Council;
3. That the City Council hereby approves and adopts Mitigated Negative Declaration
and MMP No. 373; and
4. That the City Council authorizes and directs City staff to file with the Clerk of the
County of Orange a Notice of Determination in accordance with Section 15075(a) of the State
CEQA Guidelines.
-4-
THE FOREGOING RESOLUTION was adopted by the City Council of the City of
Anaheim this 27th day of October, 2020, by the following roll call vote:
AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring, and O'Neil
NOES: Council Member Moreno
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
IlL ii
f, OR •F T,l' C( Y OFANAHEIM
ATTEST:
,4111101
CITY CLERK 0 THE CITY OF ANAHEIM
-5 -
EXHIBIT"A"
DEV NO. 2019-00087
APN: 035.-010-51.
J
W:
CARL KARCHER WAY
liii
_ � r
ifr411)441/1./IIIIttt,11
,�,
W LA PALMA AVE E LA PALMA AVE
0
,a 511 Source:Recorded Traci Was and or City GIS_
�•7 r;i Please nate the accuracy is tl-two to five feet
-6-
"EXHIBIT B"
MITIGATION MONITORING AND REPORTING PROGRAM#373
FOR
THE INVITATION
CEQA Action: Initial Study/Mitigated Negative Declaration (City of Anaheim Development Plan No. DEV2019-00087)
1. Project Description—
■ Adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program.
• Approval of a Zoning Reclassification to add the Mixed-Use (MU) Overlay Zone to the existing Industrial (I)Zone.
• Approval of a Development Agreement for a proposed voluntary financial contribution to support the City's affordable housing
programs.
■ Approval of a Conditional Use Permit to allow a "Dwellings — Multi-Family" 269-unit development in the MU Overlay Zone with
modified development standards (see discussion in the following section).
2. Applicant/Developer—Renaissance City North Anaheim LLC.
3. Environmental EquivalentITiming—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 and Building 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 and Reporting Program 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 program will be monitored in the form of an annual letter from the property applicant/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
-7-
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 program, 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.
-8-
TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
Timing Mitigation Measure Responsible for Monitoring Completion
AIR QUALITY
Prior to issuance of AQ-1 Prior to issuance of any demolition or grading permit, the Project Applicant shall Planning and Building
any demolition or submit evidence to the Planning and Building Department showing compliance Department, Building
grading permit with SCAQMD Rule#403. The evidence shall demonstrate that the construction Division
bid specifies that exposed ground surfaces and disturbed areas shall be watered
a minimum of three times per day during construction activities that include grading
to minimize fugitive dust. This evidence shall include notes on all construction
plans, clearly showing the watering requirement to control fugitive dust, or as
otherwise deemed as appropriate by the Planning and Building Director.
CULTURAL RESOURCES
Prior to issuance of CUL-1 Prior to issuance of grading or building permits,the Project Applicant shall provide Planning and Building
Grading or Building a note on plans submitted to the Planning and Building Department indicating that Department, Planning
Permits in the event that the Project Applicant discovers any evidence of cultural resources Services Division
during ground-disturbing activities,all work within the vicinity of the find shall stop
until a qualified archaeological consultant can assess the find and make
recommendations.The Project Applicant shall not attempt excavation of potential
cultural resources. If the Project Applicant discovers any evidence of cultural
resources during ground-disturbing activities, the qualified archaeologist shall
ensure that the Proposed Project complies with the following measures.
• Prior to any ground disturbance, the qualified archaeologist, or their designee,
shall provide a worker environmental awareness protection (WEAP) training to
construction personnel regarding regulatory requirements for the protection of
cultural (prehistoric and historic) resources. As part of this training, construction
personnel shall receive proper procedures to follow if there is the discovery of
unanticipated cultural resources during construction. Workers will have contact
information and protocols to follow in the event of any inadvertent discoveries.
The WEAP training can be in the form of a video or PowerPoint presentation.The
training may include printed literature(handouts)distributed to new workers and
contractors to avoid continuous training over the course of the construction.
• In the event that the Project Applicant encounters unanticipated cultural material
during any phase of project construction,all construction work within 50 feet(15
meters)of the find shall cease, and the qualified archaeologist shallassess the
find for importance. Construction activities may continue in other areas. If, in
consultation with the City,the discovery is determined not to be important,work
will be permitted to continue in the area.
• If the qualified archaeologist determines a resource to constitute a "historical
resource" pursuant to CEQA Guidelines Section 15064.5(a) or a "unique
archaeological resource"pursuant to Public Resources Code Section 21083.2(g),
the qualified archaeologist shall coordinate with the Project Applicant and the City
-9-
TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
Timing Mitigation Measure Responsible for Monitoring Completion
to develop a formal treatment plan.The plan should serve to reduce impacts to
the resources and allow construction to proceed.The treatment plan established
for the resources shall be in accordance with CEQA Guidelines Section
15064.5(f) for historical resources and Public Resources Code Section
21083.2(b) for unique archaeological resources. Preservation in place (i.e.,
avoidance)is the preferred manner of treatment.
• If the qualified Archaeologist makes the determination that preservation in place
is not feasible, treatment may include implementation of archaeological data
recovery excavations to remove the resource and subsequent laboratory
processing and analysis.
• The Project Applicant shall offer any historic archaeological material that is not
Native American in origin for curation at a public, nonprofit institution with a
research interest in the materials,such as the South Central Coastal Information
Center at California State University, Fullerton. If no institution accepts the
archaeological material, the Project Applicant shall donate the archaeological
material to a local school or historical society in the area for educational purposes,
as determined appropriate by the City.
GEOLOGY AND SOILS AND PALEONTOLOGICAL
Prior to issuance of GEO-1 Prior to issuance of demolition, grading and building permits,the Project Applicant Public Works Department;
demolition, grading shall demonstrate on plans submitted to the Public Works Department, to the Planning and Building
and building permits satisfaction of the City Engineer, that during site preparation, grading, and Department
construction the Proposed Project a from the"Geotechnical Exploration, Proposed
Multi-Family Residential Development Project, 1122 N.Anaheim Boulevard,City of
Anaheim, California," prepared by Leighton and Associates, Inc. (September 24,
2019), or any updates to that report. Compliance with the approved Geotechnical
Exploration shall be verified in the field by the Engineer of Record.
j HAZARDS AND HAZARDOUS,MATERIALS
Prior to issuance of HAZ-1 Any project-related hazardous materials and hazardous wastes will be transported Planning and Building
grading permit to and/or from the Project Site in compliance with applicable state and federal Department,Building
requirements, including the US Department of Transportation regulations listed in Division
the Code of Federal Regulations(Title 49,Hazardous Materials Transportation Act);
California Department of Transportation standards;and the California Occupational
Safety and Health Administration standards.
Prior to issuance of HAZ-2 Any project-related hazardous waste generation,transportation,treatment,storage, Planning and Building
grading permit and disposal will be conducted in compliance with the Subtitle C of the Resource Department, Building
Conservation and Recovery Act(Code of Federal Regulations,Title 40, Part 263), Division
including the management of nonhazardous solid wastes and underground tanks
storing petroleum and other hazardous substances.
- 10-
TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
Timing Mitigation Measure Responsible for Monitoring Completion
Prior to issuance of HAZ-3 Any project-related underground storage tank(UST)removals will be conducted in Anaheim Fire and Rescue's
grading permit accordance with the California UST Regulations (Title 23, Chapter 16 of the Hazardous Materials
California Code of Regulations).Any unauthorized release of hazardous materials Section
will require release reporting, initial abatement, and corrective actions that will be
completed with oversight from the Regional Water Quality Control Board,
Department of Toxic Substances Control,Anaheim Fire and Rescue's Hazardous
Materials Section, South Coast Air Quality Management District and/or other
regulatory agencies,as necessary.
Prior to the issuance of HAZ-4 Prior to the issuance of building permits, the Project Applicant shall remove the
building permits 20,000-gallon diesel underground storage tank(UST)and pipelines abandoned in-
place on the south side of the truck freight shop under the oversight of the Anaheim
Fire and Rescue(AFR).This work shall consist of the following:
• Obtain a UST removal permit from the AFR;
• Notify AFR to inspect and schedule an inspection;
• Remove soil from above the UST sufficiently to allow access to the tank top for
verification of the tank contents(assumed to be concrete slurry);
• Excavate and stockpile soil surrounding the UST, collect soil samples for
profiling(either for onsite reuse or offsite disposal);
• Remove the UST(may require cutting tank and slurry loading/disposal);
• Collect any required confirmation soil samples from beneath the UST for
laboratory analysis as directed by the AFR inspector;
• Submit documentation of UST Removal to AFR for issuance of a UST Closure
letter;and
• Compile soil sampling results for inclusion into a larger report documenting the
condition of all onsite soil and requesting a closure from the Regional Water
Quality Control Board.
Prior to the issuance of HAZ-5 Prior to the issuance of building permits, the Project Applicant shall receive a No
building permits Further Action from the Regional Water Quality Control Board(RWQCB)by taking
the following steps to remove the Total Petroleum Hydrocarbons (TPH)-impacted
soil from two areas: 1) approximately 50 cubic yards of impacted soil with
concentrations up to 13,120 milligram per kilogram(mg/kg)to a maximum depth of
10 feet below ground surface(bgs)in the vicinity of the former dispenser island in
the truck freight shop, and 2) approximately 36 cubic yards of impacted soil with
concentrations up to of 4,100 mg/kg at depths of 2.5 and 5 feet bgs in the vicinity of
the oil/water separator on the north side of the truck freight shop:
- 11 -
TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
Timing Mitigation Measure Responsible for Monitoring Completion
• Prepare a Work Plan for the excavation and offsite disposal of soil with
concentrations in excess of Residential Use Screening Levels promulgated and
accepted by Cal EPA and the Regional Water Quality Control Board(RWQCB);
• Meet with RWQCB to present the Work Plan and to discuss site redevelopment
plans and facilitate rapid review and approval of the Work Plan;
• Following RWQCB approval and start date notification,excavate impacted soil
from both areas, either stockpiling or directly loading the removed soil for
proper offsite disposal;
• Collect confirmation soil samples specified in the Work Plan for laboratory
analysis;and.
• Compile all site soil sample results for inclusion in a Remedial Excavation
Report documenting the condition of remaining onsite soil and request a No
Further Action Letter from the RWQCB.
LAND USE AND PLANNING
Prior to issuance of a LU-1 Prior to issuance of a grading permit, the Project Applicant shall complete the Public Works Department;
grading permit following to the satisfaction of the Public Works Department: Planning and Building
• The Project Applicant shall determine and develop cost estimates of the right Department, Planning
of-way and construction costs of improvements needed at Project Opening Services Division
Year to install a Traffic Signal at Anaheim Boulevard and Carl Karcher Way,as
described in The Invitation (formerly known as Renaissance Apartments)
Traffic impact Analysis prepared by Urban Crossroads and dated July 2020.
• The Project Applicant shall submit said information to the Public Works
Department for review and approval.
• The Project Applicant shall pay an appropriate fair share fee to install a traffic
signal at the Anaheim Boulevard/Carl Karcher Way intersection to the Public
Works Department.
NOISE'
Prior to any permit N-1 Prior to any permit issuance,the Project Applicant shall specify in the construction Planning and Building
issuance note and ensure that a static roller in lieu of a vibratory roller shall be used during Department, Building
paving activity within 20 feet of nearby structures. Division
TRANSPORTATION
Prior to any TRAN-1 Prior to any construction work, the Project Applicant shall prepare a site-specific Public Works Department;
construction work construction worksite staging and traffic control plan and submit it to the Traffic Planning and Building
Engineering Division of the City of Anaheim Public Works Department for review
- 12-
TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
Timing Mitigation Measure Responsible for Monitoring Completion
and approval.This plan shall include such elements as the location of any potential Department; City Attorney's
partial lane closures, hours during which lane closures (if any) would not be Office
allowed; local traffic detours (if any); and protective devices and traffic controls,
such as barricades,cones,flag persons,lights,warning beacons,temporary traffic
signals, and warning signs. It shall indicate that lane closures are permitted on
Anaheim Boulevard during construction between 8:30 AM and 3:30 PM, Mondays
through Fridays. The Proposed Project will be required to comply with the City-
approved plan measures.
TRIBAL CULTURAL RESOURCES
Prior to issuance of TCR-1 Prior to issuance of grading permits, the Project Applicant shall retain a Native Planning and Building
grading permits American monitor/consultant and submit a copy of the executed contract to the City Department, Planning
of Anaheim Planning and Building Department. The tribal monitor/consultant will Services Division
only be present on-site during the construction phases that involve ground-
disturbing activities.Ground-disturbing activities are defined by the Gabrieleno Band
of Mission Indians-Kizh Nation as activities that may include,but are not limited to,
pavement removal,potholing or auguring,grubbing,tree removals,boring,grading,
excavation, drilling, and trenching within the project area. The tribal
monitor/consultant will complete daily monitoring logs that will provide descriptions
of the day's activities, including construction activities, locations, soil, and any
cultural materials identified.The on-site monitoring shall end when the Project Site
grading and excavation activities are completed,or when the tribal representatives
and monitor/consultant have indicated that the Project Site has a low potential for
affecting tribal cultural resources.
Upon discovery of any archaeological resources,construction activities shall cease
in the immediate vicinity of the find until a qualified archaeologist and/or tribal
monitor/consultant can assess the find. The evaluation of all archaeological
resources unearthed by project construction activities shall be evaluated by the
qualified archaeologist and tribal monitor/consultant approved by the Gabrieleno
Band of Mission Indians - Kizh Nation. If the resources are Native American in
origin, the Gabrieleno Band of Mission Indians- Kizh Nation shall coordinate with
the Project Applicant regarding treatment and curation of these resources.
Typically, the tribe will request reburial or preservation for educational purposes.
The Project Applicant may continue work on other parts of the Project Site while
evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section
15064.5[f]). If a qualified archaeologist determines a resource to constitute a
"historical resource"or"unique archaeological resource,"time allotment and funding
sufficient to allow for implementation of avoidance measures or appropriate
mitigation must be available.The treatment plan established for the resources shall
be in accordance with CEQA Guidelines Section 15064.5(f)for historical resources
and PRC Section 21083.2(b)•for unique archaeological resources. Preservation in
- 13 -
TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
Timing Mitigation Measure Responsible for Monitoring Completion
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. The Project Applicant shall be responsible for ensuring
that a public, nonprofit 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, curate any historic archaeological
material that is not Native American in origin. If no institution accepts the
archaeological material, the Project Applicant shall offer it to a local school or
historical society in the area for educational purposes.
- 14-
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2020-128 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 27th day of October, 2020 by the following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring, and O'Neil
NOES: Council Member Moreno
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of November, 2020.
CITY CLERKts F THE CITY OF ANAHEIM
(SEAL)