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Attachment 6 - Mitigation Monitoring Plan No. 388Pacific Resort Plaza 1 Mitigation Monitoring Program PACIFIC RESORT PLAZA MITIGATION MONITORING PROGRAM DEVELOPMENT PROJECT NO. 2019-00161 Terms and Definitions 1.Property Owner/Developer − Any owner or developer of real property within the Pacific Resort Plaza Project Site. 2.Environmental Equivalent/Timing − Any mitigation measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The City of Anaheim, 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. 3.Timing − This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Plan will occur, as 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. 4.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. Outside public agency review is limited to those public agencies specified in the Mitigation Monitoring Plan which have permit authority in conjunction with the mitigation measure. 5.Ongoing Mitigation Measures − The mitigation measures that are designated to occur on an ongoing basis as part of this Mitigation Monitoring Plan will be monitored in the form of an annual letter from the property owner/developer in January of each year demonstrating how compliance with the subject measure(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored “Ongoing During Construction,” the annual letter will review those measures only while construction is occurring; monitoring will be discontinued after construction is complete. A final annual letter will be provided at the close of construction. 6.Building Permit − For purposes of this Mitigation Monitoring Plan, a building permit shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building, but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building. ATTACHMENT NO. 6 Pacific Resort Plaza 2 Mitigation Monitoring Program PACIFIC RESORT PLAZA MITIGATION MONITORING PROGRAM Mitigation Measure No. Timing Measure Responsible for Monitoring Completion CULTURAL RESOURCES 5-1 Prior to issuance of the grading permit Prior to the issuance of the grading permit, the applicant shall provide written evidence to the City that the applicant has retained an Orange County-certified archaeologist to observe grading activities and salvage and catalogue archaeological resources as necessary. The archaeologist shall be present at the pre-grade conference, shall establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts as appropriate. If archaeological resources are inadvertently unearthed during excavation activities, the contractor shall immediately cease all earth-disturbing activities within a 100-foot radius of the area of discovery and the archaeologist and City shall be notified immediately. If the archaeological resources are found to be significant, the archeologist, in consultation with the City, shall determine appropriate actions for exploration and salvage. After the find has been appropriately avoided or mitigated, work in the area may resume. Planning Department, Building Services Division Pacific Resort Plaza 3 Mitigation Monitoring Program PACIFIC RESORT PLAZA MITIGATION MONITORING PROGRAM Mitigation Measure No. Timing Measure Responsible for Monitoring Completion GEOLOGY AND SOILS 6-1 Prior to issuance of each building permit Prior to issuance of each building permit, the property owner/developer shall submit plans to the Planning Department, Building Services Division for review and approval showing that the proposed structure has been analyzed for earthquake loading and designed according to the most recent seismic standards in the California Building Code adopted by the City of Anaheim. Planning Department, Building Services Division 6-2 Prior to issuance of building or grading permits Prior to issuance of building or grading permits, the property owner/developer shall submit to the Planning and Building Department, Building Services Division geologic and geotechnical investigations in areas of potential seismic or geologic hazards and provide a note on plans that all grading operations will be conducted in conformance with the recommendations contained in the applicable geotechnical investigation. Planning Department, Building Services Division 6-3 Prior to the issuance of the grading permit, the applicant shall provide written evidence to the City that the applicant has retained an Orange County-certified paleontologist. In the event that paleontological resources are inadvertently unearthed during excavation activities, the contractor shall immediately cease all earth-disturbing activities within a 100-foot radius of the area of discovery and the contractor shall contact the City immediately. The City shall retain a qualified professional paleontologist to evaluate the significance of the find, and in consultation with the City, determine an appropriate course of action. If the paleontological resources are found to be significant, the paleontologist, in consultation with the City, shall determine appropriate actions for exploration and salvage. After the find has been appropriately avoided or mitigated, work in the area may resume. Planning Department, Building Services Division TRIBAL CULTURAL RESOURCES 18-1 Prior to the issuance of any grading permit Prior to the issuance of any grading permit in which native soil, as identified by the geotechnical report prepared for the project, is disturbed, the property owner/developer or contractor as designee shall provide evidence in the form of an executed Agreement to the City of Anaheim Planning and Building department that they have retained a qualified Native American tribal monitor to provide third-party monitoring during excavation and grading activities in native sediment and to recover and catalogue tribal resources as necessary. The tribal monitor shall be from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The agreement shall include (i) professional qualifications of Native American monitor; (ii) detailed scope of services to be provided including but not limited to pre-construction education, observation, evaluation, protection, salvage, notification, and/or curation requirements, as applicable, with final documentation/report to Public Works Inspector; (iii) contact information; (iv) communication protocols between Contractor and Monitor for scheduling to facilitate timely performance; (v) acknowledgment that if the tribal monitor is unavailable or unresponsive based on terms stipulated in the agreement, property owner/developer or contractor as designee may contract with another qualified tribal monitor acceptable to the City. The selection of the qualified professional(s) shall be subject to City acceptance Planning Department, Building Services Division Pacific Resort Plaza 4 Mitigation Monitoring Program PACIFIC RESORT PLAZA MITIGATION MONITORING PROGRAM Mitigation Measure No. Timing Measure Responsible for Monitoring Completion based on generally accepted professional qualifications and certifications, as applicable. The cover sheet of the grading plans shall include a note to identify that third party tribal monitoring is required during excavation and grading activities in accordance the with City-approved Agreement. Contact information for approved tribal monitor shall be provided by the contractor to the City inspector at the pre-construction meeting.