Resolution-PC 2022-085
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Mitigation Monitoring and Reporting Program
for the
Anaheim Ball Mixed Use Project
Draft Initial Study/Mitigated Negative Declaration
City of Anaheim, Orange County, California
Prepared for:
City of Anaheim
200 South Anaheim Boulevard
Anaheim, CA 92805
714.765.5238
Contact: Heather Allen, Principal Planner
Prepared by:
FirstCarbon Solutions
250 Commerce, Suite 250
Irvine, CA 92602
714.508.4100
Contact: Mary Bean, Project Director
Cecilia So, Senior Project Manager
Report Date: October 4, 2022
City of Anaheim–Anaheim Ball Mixed Use Project
Mitigation Monitoring and Reporting Program Preface
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PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) and CEQA Guidelines Section
15097 requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program (MMRP)
whenever it adopts a Mitigated Negative Declaration (MND) in conjunction with a project approval.
The purpose of the MMRP is to ensure compliance with the mitigation measures occurs during
project implementation.
The Draft Initial Study and Mitigated Negative Declaration (Draft IS/MND) prepared for the Anaheim
Ball Mixed Use Project concluded that project implementation could result in potentially significant
effects on the environment and mitigation measures were incorporated into the proposed project or
are required as a condition of project approval that would reduce these potential impacts to a less
than significant level. This MMRP documents how and when the mitigation measures adopted by
the lead agency will be implemented and confirms that potential environmental impacts are reduced
to less than significant levels as identified in the MND.
This document does not discuss those subjects that the environmental analysis demonstrates would
result in less than significant impacts and for which no mitigation was proposed or necessary.
City of Anaheim
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Table 1: Anaheim Ball Mixed Use Project Mitigation Monitoring and Reporting Program
Mitigation Measures Method of Verification Timing of Verification
Responsible for
Verification
Verification of Completion
Date Initial
2.3 Air Quality
MM AQ-1: Prior to the issuance of any demolition, grading,
or building permits (whichever occurs earliest), the
Owner/Developer and/or construction contractor shall
provide the City with documentation demonstrating that all
off-road equipment with engines greater than 50 horsepower
used during project construction meet or exceed the United
States Environmental Protection Agency (EPA) or California
Air Resources Board (ARB) Tier 4 Interim off-road emission
standards. The construction contractor shall maintain records
concerning its efforts to comply with this requirement during
construction, including equipment lists. Off-road equipment
descriptions and information may include but are not limited
to equipment type, equipment manufacturer, equipment
identification number, engine model year, engine certification
(Tier rating), horsepower, and engine serial number.
Confirm receipt of
construction contractor’s
documentation and
review project plans to
confirm compliance with
Tier 4 Interim off-road
emission standards.
Prior to the
issuance of any
demolition, grading,
or building permits
(whichever occurs
earliest).
City of Anaheim
Planning and
Building
Department.
2.5 Cultural Resources and Tribal Cultural Resources
MM CUL-1: An Archaeologist who meets the Secretary of the
Interior’s Professional Qualification Standards for
Archaeology shall perform a “tailgate” Worker Environmental
Awareness Program (WEAP) training to all construction
personnel directly involved with project-related ground
disturbance activities. The training shall include visual aids, a
discussion of applicable laws and statutes relating to
archaeological resources, types of resources that may be
found within the project site, and procedures that shall be
followed in the event such resources are encountered.
In the event that inadvertent discoveries are found, an
Archaeologist who meets the Secretary of the Interior’s
Professional Qualification Standards for Archaeology shall
Confirm evidence of
WEAP training through
attendance
documentation.
The owner/developer
shall provide
documentation that a
site inspection was
completed by a qualified
Archaeologist.
If archaeological
materials are
Prior to any grading
or project-related
ground disturbance.
City of Anaheim
Planning and
Building
Department.
City of Anaheim
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Date Initial
perform an inspection of the site for potential archaeological
resources once grubbing, ground clearing, and demolition are
complete, and prior to any grading or project-related ground
disturbance. In the event exposed soils indicate cultural
materials may be present, this shall be followed by regular or
periodic archaeological monitoring as determined by the
Archaeologist, but full-time archaeological monitoring is not
required at this time.
It is always possible that ground-disturbing activities during
construction may uncover previously unknown, buried
cultural resources. In the event that buried cultural resources
are discovered during construction, operations shall stop in
the immediate vicinity of the find and a qualified
Archaeologist shall be consulted to determine whether the
resource requires further study. The qualified Archaeologist
shall make recommendations to the Lead Agency on the
measures that shall be implemented to protect the
discovered resources, including but not limited to excavation
of the finds and evaluation of the finds in accordance with
Section 15064.5 of the CEQA Guidelines. Potentially
significant cultural resources consist of but are not limited to
stone, bone, fossils, wood, or shell artifacts or features,
including hearths, structural remains, or historic dumpsites.
Any previously undiscovered resources found during
construction within the project area shall be recorded on
appropriate California Department of Parks and Recreation
(DPR) forms and evaluated for significance in terms of CEQA
criteria.
If the resources are determined to be unique historic
resources as defined under Section 15064.5 of the CEQA
Guidelines, mitigation measures shall be identified by the
Archaeological Monitor and recommended to the Lead
Agency. Appropriate mitigation measures for significant
resources shall include avoidance or capping, incorporation of
encountered, confirm
archaeological
monitoring is conducted.
Confirm compliance with
CEQA Guidelines Section
15064.5 permit(s) and
confirm receipt of DPR
forms; review qualified
Archaeologist’s
submittal of findings and
documentation.
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Mitigation Measures Method of Verification Timing of Verification
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the site in green space, parks, or open space, or data recovery
excavations of the finds.
No further grading shall occur in the area of the discovery
until the Lead Agency approves the measures to protect
these resources. Any archaeological artifacts recovered as a
result of mitigation shall be donated to a qualified scientific
institution approved by the Lead Agency where they would
be afforded long-term preservation to allow future scientific
study.
MM TCR-1: Retention of a Native American Monitor(s) Prior
to Commencement of Ground-Disturbing Activities
Prior to the commencement of any grading and/or
construction activity, the Owner/Developer shall coordinate
with the Juaneño Band of Mission Indians Acjachemen Nation
Native American tribe and the Gabrieleño Band of Mission
Indians – Kizh Nation Native American tribe in retention of
Native American Monitors (Tribal Monitors) and a copy of the
executed contract shall be submitted to the City of Anaheim
Planning and Building Department. The Tribal Monitors shall
only be present on-site during the construction phases that
involve ground-disturbing activities within disturbed and
undisturbed sediments. Ground disturbing activities may
include, but are not limited to, potholing or auguring,
grubbing, tree removals, boring, grading, excavation, drilling,
and trenching, within the project site. The Tribal Monitors
shall complete daily monitoring logs that shall provide
descriptions of the day’s activities, including construction
activities, locations, soil, and any cultural materials identified.
The on-site monitoring shall end when the project site
grading and excavation activities are completed, or when the
Tribal Representatives and monitors have indicated that the
Project site has a low potential for impacting archaeological
or tribal cultural resources.
Confirm retention of a
Native American (Tribal
Monitor) from the
Juaneño Band of Mission
Indians, Acjachemen
Nation Native American
tribe, and the
Gabrieleño Band of
Mission Indians – Kizh
Nation Native American
tribe by receipt of a copy
of the executed contract.
Confirm receipt of daily
monitoring logs.
If buried cultural
resources encountered,
confirm construction
activities have ceased.
If buried cultural
resources encountered,
confirm the
development of
Prior to
commencement of
any grading and/or
construction
activity; during
construction
activities.
During construction
activities upon
discovery of any
archaeological or
Tribal Cultural
Resources (TCRs).
During ground-
disturbing activities,
if human remains
are uncovered.
City of Anaheim
Planning and
Building
Department.
City of Anaheim
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Unanticipated Discovery of Human Remains and Associated
Funerary Objects
Upon discovery of any archaeological or tribal cultural
resources, construction activities shall cease in the immediate
vicinity of the find until the find can be assessed. All
archaeological and/or tribal cultural resources unearthed by
project construction activities shall be evaluated by the
qualified archaeologist and Tribal monitors. If the resources
are Native American in origin, the Tribal Representative shall
coordinate with the Owner/Developer regarding treatment
and curation of these resources. Typically, the Tribes will
request reburial or preservation for educational purposes.
Work may continue on other parts of the project site while
evaluation and, if necessary, mitigation takes place (CEQA
Guidelines Section 15064.5[f]). If a resource is determined by
the qualified archaeologist to constitute a “historical
resource” or “unique archaeological resource,” time
allotment and funding sufficient to allow for implementation
of avoidance measures, or appropriate mitigation, shall be
available. The treatment plan established for the resources
shall be in accordance with CEQA Guidelines Section
15064.5(f) for historical resources and PRC Sections
21083.2(b) for unique archaeological resources. Preservation
in place (i.e., avoidance) is the preferred manner of
treatment. If preservation in place is not feasible, treatment
shall include implementation of archaeological data recovery
excavations to remove the resource along with subsequent
laboratory processing and analysis. Any historic
archaeological material that is not Native American in origin
shall be curated at a public, non-profit institution with a
research interest in the materials, such as the Natural History
Museum of Los Angeles County, the Copper Center, or the
Fowler Museum, if such an institution agrees to accept the
material. If no institution accepts the archaeological material,
appropriate avoidance
and treatment
measures.
If human remains are
uncovered, confirm
construction activities
have ceased and the
County Coroner has
been contacted.
If the remains are
determined to be of
Native American origin,
confirm the MLD and
NAHC have been
contacted.
If human remains are
uncovered, confirm
compliance with CEQA
Guidelines Section
15064.5; Public
Resources Section
7050.5 and Public
Resources Section
5097.98.
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it shall be offered to a local school or historical society in the
area for educational purposes.
Procedures for Burials and Funerary Remains
In the event that human remains are uncovered during
ground disturbing activities, the Owner/Developer shall cease
ground disturbing activities and contact the County coroner,
Tribal Monitors, and archaeologist to inform of the discovery.
The Owner/Developer shall coordinate and consult with the
county coroner, Tribal Monitors and archaeologist for
advisory on the matter, protocol, and any applicable
mitigating requirements. Additionally, If the remains are
determined to be of Native American origin, the most likely
descendent (MLD), as the Native American Heritage
Commission (NAHC) shall be contacted by the
Owner/Developer to determine proper treatment and
disposition of the remains. To protect the area in which the
Native American human remains are present, development
activity shall cease until consultation with the MLD is
complete regarding recommendations pursuant to PRC
Section 5097.98. Discovery of human remains shall also
follow CEQA Guidelines Section 15064.5; PRC Section 7050.5
and PRC Section 5097.98.
2.7 Geology and Soils
MM GEO-1: The Owner/Developer shall implement the
recommendations provided in Section 5, Preliminary
Recommendations, and Section 6, Design Considerations, in
the Geotechnical Feasibility Report prepared by Alta
California Geotechnical Inc. These include general earthwork
requirements for site preparation, soil removal, fill material,
grading, foundation, design, and all relevant construction
permits, as well as requirements related to structural design
and pavement design. The Geotechnical Feasibility Report
Confirm preliminary
recommendations from
the Geotechnical
Investigation have been
incorporated into project
construction documents.
Conduct on-site
inspection.
Prior to ground-
disturbing activities
and during
construction
activities.
City of Anaheim
Planning and
Building
Department.
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that is included in Appendix D is incorporated herein by
reference as fully set forth in this mitigation measure.
MM GEO-2: In the event that any significant paleontological
resources (i.e., bones, teeth, or unusually abundant and well-
preserved invertebrates or plants) be unearthed, the
construction crew shall not attempt to remove them. All work
in the immediate vicinity of the discovery shall be diverted at
least 15 feet until a professional Paleontologist assesses the
find and, if deemed appropriate, salvages it in a timely
manner. All recovered fossils shall be deposited in an
appropriate repository, where they shall be properly curated
and made accessible for future study.
If any paleontological
resources are
unearthed, confirm all
work within 15 feet have
been diverted and
confirm a professional
Paleontologist has
assessed the find to
salvage and deposit
resources in an
appropriate and timely
manner.
During ground-
disturbing activities.
City of Anaheim
Planning and
Building
Department.
2.8 Greenhouse Gas Emissions
MM GHG-1: Prior to the issuance of any certificate of
occupancy for the proposed project, the Owner/Developer
shall provide the City with documentation, to the City’s
satisfaction, that demonstrates the proposed project would
achieve GHG emission reductions equivalent to no less than
812 metric tons (MT) of carbon dioxide equivalent (CO2e) per
year for 30 years, or 24,360 MT CO2e total, based on current
estimates of the proposed project’s annual GHG emissions
inventory contained in this analysis. GHG emission reductions
may be achieved through any combination of the following
measures or other measures approved by the City:
• Commit to purchasing 100-percent renewable
electricity.
• Install on-site solar panels that provide electricity
beyond the minimum requirements according to the
current version of Title 24.
Verify Owner/Developer
has achieved reductions
through any
combination of
measures provided in
MM GHG-1.
Confirm quantity of
carbon credits
purchased by
Owner/Developer are
sufficient to offset the
proposed project’s
greenhouse gas
emissions.
Confirm all purchased
carbon credits follow
Prior to the
issuance of any
certificate of
occupancy for the
proposed project.
City of Anaheim
Planning and
Building
Department.
City of Anaheim
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• Install solar water heaters or other renewable
energy technologies.
• Install solar on-site charging infrastructure consistent
with the Tier 2 standards contained in CALGreen
Section A4.106.6.8.
• Design and construct all residences to be all-electric,
precluding the installation of natural gas plumbing
for space and water heating and appliance
operation.
• Purchase of voluntary carbon credits from a verified
GHG emissions credit broker in an account sufficient
to offset GHG emissions of no less than 812 MT CO2e
per year for 30 years, or 24,360 MT CO2e total.
Should the Owner/Developer elect to purchase carbon
credits, all purchased carbon credits shall be pursuant to the
following performance standards and requirements: (i) the
carbon credits shall achieve real, permanent, quantifiable,
verifiable, enforceable, and additional reductions as set forth
in California Health and Safety Code Sections 38562(d)(1) and
(d)(2). Such credits shall be based on protocols consistent
with the criteria set forth by Section 95972, subdivision (a), of
Title 17 of the California Code of Regulations, as determined
by an expert qualified to make such a determination, and
shall not include credits originating outside of California,
except to the extent that the quality of the credits, and their
sufficiency under the standards set forth herein, can be
verified by an expert qualified to make such a determination.
In no event shall credits from outside the United States be
used. Carbon credits must be purchased through one of the
following: (i) a California Air Resources Board (ARB) approved
registry, such as the Climate Action Reserve, the American
Carbon Registry, or Verra (formerly known as the Verified
Carbon Standard); and (ii) any registry approved by the ARB
performance standards
and protocols stated in
California Health and
Safety Code Sections
38562(d)(1) and (d)(2),
and Section 95972,
subdivision (a), of Title
17 of the California Code
of Regulations.
Confirm alternative
program sufficiently
offsets the proposed
project’s GHG emissions.
City of Anaheim
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to act as a registry under the California Cap-and-Trade
Program; or (iii) the California Air Pollution Control Officers
Association’s (CAPCOA) Greenhouse Gas Reduction Exchange
(GHG Rx) or any program adopted or approved by the South
Coast Air Quality Management District (SCAQMD).
As an alternative to purchasing carbon credits, the
Owner/Developer may elect to contribute to carbon offsets
through a local or regional program or institution in an
amount sufficient to offset the proposed project’s GHG
emissions by the previously identified amounts. Contributions
to a local or regional program or institution may include, but
are not limited to, funding for renewable energy
infrastructure or technologies beyond what would otherwise
be required for compliance with existing laws and regulations.
Carbon offsets, expressed in an amount of MT CO2e per year,
realized due to contributions made by the Owner/Developer
for this purpose shall reduce the required MT CO2e
reductions contained in this mitigation by an equal amount
and be pursuant to the following performance standards and
requirements: (i) the carbon offsets shall achieve real,
permanent, quantifiable, verifiable, and enforceable
reductions as set forth in California Health and Safety Code
Sections 38562(d)(1) and (d)(2); and (ii) one carbon offset
shall mean the past reduction or sequestration of one MT
CO2e that is “not otherwise required” (CEQA Guidelines §
15126.4(c)(3)).
2.9 Hazards and Hazardous Materials
MM HAZ-1: Prior issuance of a grading permit, a limited
subsurface investigation shall be conducted in order to
determine the presence or absence of soil, soil vapor, and/or
groundwater contamination due to the historical use of the
subject property in connection with underground storage
tanks (USTs ) on the project site. A Health Risk Assessment or
Confirm a subsurface
investigation has been
completed and review
the findings.
Prior issuance of
grading and
building permits.
City of Anaheim
Planning and
Building
Department.
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similar shall be prepared by Owner/Developer summarizing
investigation findings. If contamination is present, the
Owner/Developer shall request oversight from the
Department of Toxic Substances Control (DTSC), the Regional
Water Quality Control Board (RWQCB) and/or the Orange
County Health Care Agency (OCHCA), as applicable, and
comply with all requirements to remove and/or remediate
contamination to appropriate levels prior to issuance of
grading plan for the proposed project with any required
operational controls included on construction plans.
Confirm a Health Risk
Assessment or similar
has been prepared by
the Owner/Developer
summarizing
investigation findings.
Confirm investigation
and associated
studies/assessments are
approved by applicable
oversight agency(ies).
Confirm any removal or
remediation required by
DTSC, RWQCB, and/or
OCHCA is completed
prior to grading permit
issuance.
Confirm any operational
controls required by
DTSC, RWQCB, and/or
OCHCA to be installed on
the site are identified on
construction plans.
MM HAZ-2: Prior to issuance of a grading permit, the in-
ground hydraulic lift located at 1200 South Anaheim
Boulevard shall be properly removed from the project site,
and confirmatory sampling shall be required to determine the
current conditions of soil and groundwater due to the use of
current and former hydraulic lifts at the project site. A Health
Risk Assessment or similar shall be prepared by
Owner/Developer summarizing investigation findings. If
Confirm that the existing
in-ground hydraulic lift
has been properly
removed.
Review documentation
to determine
Prior to issuance of
a grading permit.
City of Anaheim
Planning and
Building
Department.
City of Anaheim
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contamination is present, the Owner/Developer shall request
oversight from DTSC, RWQCB and/or OCHCA, as applicable,
and comply with all requirements to remove and/or
remediate contamination prior to issuance of a grading
permit.
contamination is
present.
Confirm a Health Risk
Assessment or similar
has been prepared by
the Owner/Developer
summarizing
investigation findings.
In the event that
contamination is
present, confirm the
proper
removal/remediation of
contaminants in
compliance with existing
regulations and
consultation with DTSC,
RWQCB and/or OCHCA
has occurred.
MM HAZ-3: Prior to issuance of a demolition permit, the
Owner/Developer shall conduct a comprehensive, pre-
demolition asbestos-containing materials (ACM) survey in
accordance with the sampling protocol of the Asbestos
Hazard Emergency Response Act (AHERA) and SCAQMD Rule
1403 (Asbestos Emissions from Demolition / Renovation
Activities) prior to any activities with the potential to disturb
building materials, in order to determine whether ACMs are
present. In the event that ACMs are detected, the proper
removal and disposal, consistent with existing regulations, of
the building materials shall occur prior to any activities with
the potential to disturb them.
Review and approve
comprehensive, pre-
demolition survey to
determine the presence
or absence of ACMs in
compliance with existing
regulations.
In the event that ACMs
are present, confirm the
proper removal/disposal
of contaminants
Prior to issuance of
a demolition
permit.
City of Anaheim
Planning and
Building
Department.
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compliance with existing
regulations.
2.13 Noise
MM NOI-1: Prior to issuance of grading and/or building
permits, a note shall be provided on grading and building
plans indicating that, during grading and construction, the
property owner/developer shall be responsible for requiring
contractors to implement the following measures to limit
construction-related vibration impacts: Vibratory rollers shall
maintain a setback of and not be utilized within a distance of
at least 30 feet from the commercial warehouse building
located at 1303 South Claudina Street. Site shall be staked or
otherwise marked to clearly delineate area in which vibratory
rollers cannot be used to compact soils during grading and
asphalt during paving.
Review of grading and
building plans.
Prior to issuance of
grading and/or
building permits.
City of Anaheim
Planning and
Building
Department.
2.18 Utilities and Service Systems
MM UTL-1: A proposed residential development, Midway
Apartments, is anticipated to address the recommended
diversion improvements at the Harbor Boulevard and Katella
Avenue intersection to alleviate these capacity deficient
sewer segments. However, if the diversion at Harbor and
Katella is not fully constructed and operational, prior to
issuance of first the Building Permit for the proposed project,
the Owner/Developer shall construct the diversion and make
it operational.
Confirm sewer diversion
improvements have
been constructed and
operational.
Prior to issuance of
first Building
Permit.
City of Anaheim
Planning and
Building
Department.
2.20 Mandatory Findings of Significance
Implementation of MM AQ-1, MM CUL-1, MM TCR-1, MM
GEO-1, MM GEO-2, MM GHG-1, MM HAZ-1, MM HAZ-2, MM
HAZ-3, MM NOI-1, and MM UTL-1.
See MM AQ-1, MM CUL-
1, MM TCR-1, MM GEO-
1, MM GEO-2, MM GHG-
1, MM HAZ-1, MM HAZ-
2, MM HAZ-3, MM NOI-
See MM AQ-1, MM
CUL-1, MM TCR-1,
MM GEO-1, MM
GEO-2, MM GHG-1,
MM HAZ-1, MM
See MM AQ-1, MM
CUL-1, MM TCR-1,
MM GEO-1, MM
GEO-2, MM GHG-1,
MM HAZ-1, MM
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1, and MM UTL-1,
above.
HAZ-2, MM HAZ-3,
MM NOI-1, and
MM UTL-1, above.
HAZ-2, MM HAZ-3,
MM NOI-1, and
MM UTL-1, above.